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Agenda Packet 2003-01-28 CITY COUNCIL C�'�� Of AGENDA - �t''r'o�o C�r'ande Tony M.Ferrow Mayor JIm Dickens Mayor�ro Tem Steven Adams Cny Manaper Thomaa A Runels Councll Member Timothy J.Carmel Gty Atrortiey Sandy Lubin Counctl Mamber Kelly Wetrnore DireGOr,Adminiatrative Services Joe Costello Councll Member AGENDA SUMMARY CITY COUNCIL TUESDAY, JANUARY 28, 2003 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: BOY SCOUT TROOP 486 4. INVOCATION: PASTOR JERRY NELSON, SEVENTH-DAY ADVENTIST CHURCH, ARROYO GRANDE 5. SPECIAL PRESENTATIONS: 6. AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. il AGENDA SUMMARY— JANUARY 28, 2003 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. Jn response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the ConsenY Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listings of cash disbursements for the period January 1, 2003 — January 15, 2003. 8.b. Consideration of Cash Flow Analysis/Aaproval of Intertund Advance from the Water Facilitv Fund (SNODGRASS) Recommended Action: Receive and file the December 2002 cash report and approve the intertund advance from the Water Facility Fund to cover cash deficits in other funds at December 31, 2002. 8.c. Consideration of Adiustment to Impact Fees (SNODGRASS) Recommended Action: Adopt Resolution approving the annual adjustment to the City's impact Fees. 8.d. Consideration of Auproval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council/Redevelopment Agency Meeting of January 14, 2003 as submitted. ,� la AGENDA SUMMARY—JANUARY 28, 2003 PAGE 3 8. CONSENT AGENDA (continued): 8.e. Consideration of Disposal of Surqlus Bicycles (TERBORCH) Recommended Action: Adopt Resolution declaring bicycles as surplus for donation to the San Luis Obispo County Sheriff's Office to be refurbished and donated to needy children. 8.f. Consideration of Modifications to the Policv/Procedure for Conductins� Citv , Council Business (ADAMS) Recommended Action: Adopt Resolution approving the revised Policy/Procedure for Conducting City Councii Business with the modifications directed by the City Council at the January 14, 2003 meeting. 8.g. Council Appointments to Various Boards. Commissions, and Committees (ADAMS) Recommended Action: Approve the appointments to various City Boards, Commissions, and Committees. 8.h. Consideration of Approval of the Revised Urban Water Management Plan (SPAGNOLO) Recommended Action: Adopt Resolution approving revisions to the 2000 Urban Water Management Plan to address requests of the California Department of Water Resources (DWR). 9. PUBLIC HEARING: None. 10. CONTINUED BUSINESS: 10.a. Consideration of an Ordinance Amendinq Municipal Code Chaater 13.24 "Excavation, Gradinq. Erosion and Sedimentation Control" (SPAGNOLO) Recommended Action: Adopt Ordinance amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control". 10.b. Consideration of Issuance of General Obliaation Bonds for Expansion of Fire Station (ADAMS) Recommended Action: a) Adopt Resolution declaring the City's intention to sell bonds in the amount not to exceed one million nine hundred thousand dollars ($1,900,000), fixing the time and place fo� taking bids, and publication of notice inviting bids; and b) Adopt Resolution providing for the issuance of the General Obligation Bonds. AGENDA SUMMARY - JANUARY 28, 2003 PAGE 4 11. NEW BUSINESS: 11.a. Consideration of Resolution Regardins� Loomis Comqlex Nomination to State Historical Resources Commission and Discussion of Process for Local Desis�nation of Historical Resources andlor Landmarks (STRONG) Recommended Action: 1) Consider adoption of a Resolution in support of nomination of the Loomis Complex to the California Register of Historical Resources by the State Historical Resource Commission; and 2) Discuss establishing a formal legally recognized procedure for designation of Historical Resources and/or Landmarks and provide direction to staff. 11.b. Consideration of East Grand Avenue, Phase III, Streetscape and Street Improvement Conceat Plan (ADAMS/STRONG/SPAGNOLO) Recommendation: Approve the proposed concept plan for the East Grand Avenue, Phase III Streetscape and Street Improvement Project. 11.c. Consideration of Pre-Application Review 02-075; The Pike and Elm: Richard Sharp. Applicant (STRONG) Recommended Action: Review the proposed project and provide feedback to the applicant. 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South $an Luis Obispo County Sanitation District (SSLOCSD) (3) Integrated Waste Management Authority (IWMA) (4) Other (b) MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition (2) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) Other (e) COUNCIL MEMBER JOE COSTELLO: (7) Air Pollution Control District (APCD) (2) Other ' � AGENDA SUMMARY—JANUARY 28, 2003 PAGE 5 13. CITY COUNCiI MEMBER ITEMS: The following item(s) are placed on the agenda by the Mayor and/or a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a) Request to place on future agenda a status report and discussion regarding State water. (RUNELS) b) Request to place on future agenda consideration of prohibition of parking vehicles on front lawns. (COSTELLO) 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a) None. 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda 18. ADJOURNMENT AGENDA SUMMARY— JANUARY 28, 2003 PAGE 6 . . . . . . . All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ,. . . . : . . 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.arrovoqrande.org O� pRROY�C 8■a■ � � MICOIIPOqATE � u ° m * '�"Y "' "" ' MEMORANDUM c4��FORN�P To: cinr couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE� BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR � SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period January 1 —January 15, 2003. FUNDING: There is a $582,237.33 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 —January 3, 2003 Accounts Payable Check Register ATTACHMENT 3—January 10, 2003 Accounts Payable Check Register ATTACHMENT 4 —January 10, 2003 Payroli Checks & Benefit Checks , I. ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS �mc r�ri �ortod a��a«aany 17�6reary��.ry� 15, 2G►�3 January 28, 2003 Presented aze the cash disbursements issued by the Depaztrnent of Financial Services for the period January 1 to January 15, 2002. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTACH1vtEN'T AMOU1titT January 3,2003 Accounts Payable Cks 109144-109210 2 $125,963,19 january 10,2003 Accounts Payable Cks 109211-109286 3 158,649.24 Payroll Checks &Benefit Checks 4 297,624.90 456,274.14 Two Week Total $ 582237,33 , ; CITYOFARROYO GRANDE INDEX FOR BUDGEl'DEPARTMENTS EDEN COMPUTIIt SYSTEM GENERAL FUND(010� SPECIAL REVENLTE F[TNpg City Government(Fund 010) Pazk Development Fee Fund(Fund 213) 4001 - City Council 4550 - Patk DeveloPment Fee 4002 - Adminishative Services Traffic Signal Fund(Fund 222) 4003 - City Attomey 4501 - Traffic Fund 4101 - City Manager Traneportation Fund(Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Finencial Services ConstrucHon Tax Fund(Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building(CDBG) 4201 - iaw Enforcement Fquip.(Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant(Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring(Fd 274) Public Safefij(Fund O10) 4208 - Fedecal Local Iaw Enforcmt(FD 279) 4201 - Police Redevelopment Agency(Fund Z84) 4211 - Fire 4103 - Redevelopment Adminishation 4212 - Building dc Safety EPTfERPRISE FCTNDS Public Worka(Fuxd O10) Sewer Fund(Fund 612) 4301 - Public Works-Admin&Engineering 4610 - Sewer Maintenance 4303 - Stregt/Bridge Maintenance Water Fund(Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks&Recreation(Fund 010) 4712 - Weter Distribution 4420 - Pazks Lopez Adminietradon(Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recrea4on CAPITAL IMPROVEMEIV'I'PROGRAMS(Fund 3501 4423 - Pre-School Program 55015599 - Park Projects 4424 - Recreation-Special Programs 56015699 - Streets Projects 4425 - Children in Motion 57015799 - Drainaqe Projects 4426 - Five Cities Youth Basketball 58015899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 59015999 - Water Projects 4213 - Government Buildings ° 4460 - Parkway Maintenance i Ei �j (, i, r� � �, �; i �.�.�e.���o,.� �(�� � ATTAC:LME:dT 2 VOVCHRE2 CITY OF ARROYO GRANDE PAGE 1 12/31/02 09:39 VOUCHER/CHECK REGISTER , FOR PEAIOD 07 VOUCHER/ CF�CR CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NOPiBER DATE NOMBER NAME D65CRIPTION NUf.IDgg AM0�,1, N7�[J�.71, 109144 O1/03/03 0851]6 3T EQUIPMENT CO SUCfION NO2ZLH/PIP6 CLAMPS 612.4610.fi201 335.]1 335.]1 309145 O1/03/03 100897 AMERICAN TEMPS CONN6ALBY SVCS-12/13 640.9'/12.5303 220.32 109145 O1/03/03 � 100897 AM6RICAN TEMPS CONNERLEY SVCSd2/13 612.4610.5303 213.84 109145 O1/03/03 100897 NIERICAN T6MPS CONNBRLEY SVCS-12/13 010.4301.5303 213.84 109145 �O1/03/03 100897 AMERICAN TEMPS SCERAIDT SVCS-12/13 fi90.4712.5303 748.00 1,396.00 109146 O1/03/03 009914 APEX SHARPENING WORKS OIL ROPE ON CHAIN SAW 010.4211.5603 11.42 11.92 10914'] O1/03/03 102509 API WASTE SERVIC&S R/O HIN-DUMP/R6TURN SVCS. 010.4213.5303 250.00 250.00 109148 O1/03/03 008190 B fi T SERVICE STN.CONTR REPR.FOEL LINE DBLIVERY SYS 010.4301.5303 4,571.7'/ 4,5]1.77 109199 O1/03/03 009438 HAR[Q.OW�S PIRE TRUCK PA DRY GAUG6 . 030.4211.5601 165.16 165.16 109150 O1/03/03 1O1B10 HASIC CHEMICAL SOLUTION SODIi1M HYPOCHLORITE 640.4712.5274 5']8.35 578.35 109151 O1/03/03 012�54 HR6ZDEN PEST CONTROL QUARTL&Y PEST CONTROL 010.9213.5303 ' 93.00 93.00 109152 01/03/03 013026 BRISCO MILL fi LUI�IDER PVC CAPS/GLUE 220.4303.5613 10.54 10.54 109153 O1/03/03 013338 BROWN6LLS, INC. ARMORY MAINT EQUIPMENT/PpRTS 010.9201.5603 '/63.65 763.65 109154 O1/03/03 103382 fiLVIRA CABR6ROS R&F.SC YOUTH H/HP1.L-CABREROS 010.0000.4613 45.00 45.00 109155 O1/03/03 019812 ARON CANBY W&LDING � ANGLE IRON 220.4303.5601 96.00 46.00 109156 O1/03/03 102282 CINGULAR WIRELESS CELL PHONE -CbDE 6NFORCEMENT 030.4130.5201 qq,3g gg,3B 109157 O1/03/03 023639 CLASSIC TEES fi SIINS STAFF T-SHIRTS 010.4425.5255 167.31 16].31 109158 O1/03/03 023996 CLINICAL LAB.OF SAN BER WATER SAMPL6S 640.4710.5310 287.00 28'/.00 109159 O1/03/03 024992 COLD CANyON LAND FILL GREEN WASTB DUMP 220.4303.5307 109.00 109159 O1/03/03 024492 COLD CANYON LAND FILL GRE&N WASTE DUMP 220.4303.5307 87.50 109159 O1/03/03 024992 COLD CANYON LAND PILL GRE6N WAST6 DUMP 220.4303.530'/ 57.00 (p 109159 O1/03/03 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 43.00 �� 109159 O1/03/03 024492 COLD CANYON LAHD PILL GR&BN WAST6 DUMP 4 220.9303.5307 53.50 109159 O1/03/03 029492 COLD CANYON LAND FILL GREEN WASTE DUMP 22p,q303.5307 12.25 { 109159 O1/03/03 024492 COLD CANYON LAND�FILL GREBN WAST& DUMP 220.9303.5307 72.25 439.50 �� �3 i{ 109160 O1/03/03 025428 CONSOLIDATBD ELECfRICSL OUTDOOR SENSOR 010.9213.5604 30.89 30.89 +i i7 109161 O1/�3/03 303384 PHILIP OR TAMARA CORL AEF.SC YOUTH H/BALL-CORL 010.0000.4613 45.00 45.00 i.;�:. �dd i 109162 O1/03/03 026]54 CAYSTAL SPRINGS WATER C BOTTLED WATER 010.4130.5201 34.B4 109162 O1/03/03 026759 CRYSTAL SPRINGS WATER C BOTTLED WAT6R 030.4101.5201 34.84 �'r ij 109162 O1/03/03- 026954 CRYSTAL SPRINGS WATER C BOTTLED WATEA 010.4120.5201 34.82 104.50 ��! {' � 109163 O1/03/03 016302 DEPARTMENT OF CORAECTIO CTIC CREWS-NOV 220.4303.5303 2,958.93 2,958.93 f' f, VOUC}6lE2 CITY OF A[2ROY0 GRANDE PAGE 2 12/31/02 09:39 VOUCHER/CH6CR RSGISTER FOR PERIOD 07 VOUCH6A/ CH6CR CHECR VENDOR V6NDOR ITEM ACCOUNT ITEM CH&CR N[7MBHR DATB NOMBER NAME DESCRIPTION NOMBER AMOUNT AMOqNT 109164 O1/03/03 029250 S.B. DEWAR,INC. OIL PILTERS 010.4211.5608 131.96 131.96 109165 O1/03/03 029484 DIfiSELRO INC. LIGHT PW 41 220.4303.Sfi01 35.14 35.14 109166 O1/03/03 032214 ENTENMANN-ROVIN CO MOTORCYCLE HELM6T BADGE 010.4201.5255 63.02 63.02 109169 O1/03/03 103178 BXXONMOBIL FLEET/GECC GASOLINE-NOV � 010.9201.5608 113.02 113.02 109168 O1/03/03 035802 FRANK'S IACK fi KEY INC REPR.OUTSID6 LOCKS 010.4213.6401 80.57 109168 O1/03/03 035802 FRANK'S LOCK S I�Y INC FIX LOCK 010.4420.5605 61.OB ' 109168 O1/03/03 035802 FRAN%'S LOCR 6 KEY INC DUP.ICEY CCD DESK 010.4920.5605 1.61 309168 O1/03/03 035802 FRANK'S LOCK fi REY INC I(EY RINGS/DUP.I(EYS 010.4305.5601 19.31 162.5'! 109169 O1/03/03 100524 FR&DfiBICK PUMP CO. BRISCO HOOSTER Pi1MP S6AL5 640.4712.5610 568.00 568.00 1091'/0 OS/03/03 036738 GAI.L'S INC E-2 JIM CAR DOOR OPENERS 010.4211.SfiO3 56.23 56.23 109171 O1/03/03 103385 MARTHA OR PATRICK GIHHO REP.SC YOUTH B/BALL-GIBBONS 010.0000.4613 45.00 45.00 309172 O1/03/03 103383 J6FF GOLD6NB6RG RfiF.SC YOUTH H/HALL-GOLI/ENBERG 010.0000.4fi13 . 45.00 45.00 109173 O1/03/03 lO1BB1 GREATTMIERICAN LF,ASING C COPIER LEAS6 010.4130.5303 319.07 319.07 109174 O1/03/03 103386 DBBRA OR STEVEN HALWEG REF.SC YOUTH H/HALL-HAI�WEG 010.0000.9613 45.00 45.00 1091'/5 O1/03/03 101088 HANSON AGGREGATES ASPNALT 220.4303.5613 93.61 109175 O1/03/03 101088 HANSON AGGREGATES ASPHAL�T 220.4303.5613 187.97 281.SB 109176 O1/03/03 100117 IMAGING PRODUCTS INT'L FILM 010.9201.5255 115.83 115.83 1091"/'/ O1/03/03 U461]6 J J'S POOD COMPANY BIAOD HANK SUPPLIfiS 010.4211.5255 77.08 109177 O1/03/03 096176 J J'S FOOD COMPACIY PLATES/SPOONS 220.4303.5255 10.88 109177 O1/03/03 046176 J J'S FOOD COMPANY CREDIT-JJ 010.4211.5255 41.50- 96.46 109178 O1/03/03 103244 ERNEST TONES,PID PRE EMPLOY PHYSICAL-SMILfiY 010.4201.5315 130.00 130.00 109179 O1/03/03 103302 I(AUTZ CHEVRON SERVICE SMOG INSPfiCT-941 030.4201.5601 42.50 42.50 109180 O1/03/03 047814 NAUTZ TOWING SMOG INSP6CT-P28 010.4420.5601 42.00 42.00 109181 O1/03/03 102fi6fi VAL&RIE KLINE PILATES CLP3S-I(LINF 010.4424.5351 39.20 39.20 109182 O1/03/03 100752 ICUSTOM SIGNALS,INC. REY FORT LOCR/MOUN1' 010.4201.5603 42.18 42.18 109183 O1/03/03 102889 LIBfiRTY INDUSTAIES MARK OFF 010.4213.5604 391.90 391.90 109189 O1/03/03 056394 MIDAS MOFFLER & BRNCE REPL.HATTBRY/CLEAN HOX fi CABLE 010.4201.5601 120.'/5 109184 O1/03/03 056399 MIDAS MUFFLER S BRARE LUBE/OIL/014 010.4201.5601 25.11 109184 O1/03/03 056394 MIDAS MUFFLER fi BRAKE L06E/OIL/PILTEAS/WIP6R5 010.4201.5601 65.97 211.83 109186 O1/03/03 057096 MIN6R'S AC6 HARDWARE FIELD MNt](6RS/GOPHOR HAIT 010.4430.Sfi05 142.46 VOUCHRE2 CITY OF ARAOYO GRANDE 12/31/02 09:39 PAGE 3 VOUCHER/CHECK REGISTER POR PERIOD 07 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM . � ACCOUNT ITEM NUM1IDBR DAT2 N[JMBER NAMB DESCRIPTION �CK NOMBER AMOUNT AMOUNT 109186 O1/03/03 057096 MINER'S ACE HARDWpgg pAINTING SUPPLI65 010.4213.5604 21.95 109186 O1/03/03 057096 MINER'S ACE HARDWAR6 ADApTERS/COUPLERS 640.9712.5610 21.39 109186 O1/03/03 057096 MINER'S ACE HARpWpH& MAGNET TOOLS 220.4303.5273 � 43. ]3 109186 O1/03/03 057096 MINER'S ACE HARDWARE GALV.PIPE 010.4420.5605 6.20 109186 O1/03/03 057096 MINER'S ACE HARDWARE ELECTRICAL SUPPLI&S 640.4'/12.5609 1'/.99 109186 O1/03/03 057096 MINfiR'S AC6 HARDWp{tE INLIN& pHON& COUPLERS 010.4201.5603 8.69 109186 O1/03/03 057096 MINER'S ACE HAROWARE BATPERIES/FASTNERS 010.4211.5603 10.47 309186 O1/03/03 057096 MINBR'S ACE HARDWARE CHItISTMAS D6CORATIONS 640.9'/12.5255 8.94 309186 O1/03/03 057096 MINER'S AC6 HARDWARE PVC pIpE 010.4420.5605 2.5� 109186 O1/03/03 057096 MINER'S ACE }IAFIDWpRE KITC}!EN SIIPPLIES 010.4211.5255 12.60 109186 O1/03/03 057096 MINER'S AC6 HARDWARB COLD W6LD/DUSTER 010.4211.5603 18.62 109186 O1/03/03 057096 MINER'S ACE HARDWARg DppR REPA.PARTS 010.4213.6401 12.32 109186 O1/03/03 OS'/096 MINER'S ACE HARDWAFt6 SPRAY LUBE 010.4211.5603 17.12 109186 O1/03/03 05�096 MINER'S ACE HARDWARE FASTNERS 010.4211.5603 � 9.43 109186 O1/03/03 OS'/096 MINER'S ACE HARDWAR6 COUPL&R HOSES/DUCT TAPE � 640.4712.5610 16.22 109106 O1/03/03 057096 MINER'S ACE HARDWARE NIPPLES/ELBONS 010.4420.5605 Zg.9q 109186 O1/03/03 057096 MINER'S ACE HARDWAR6 SL&CTRICAL SUPPLIES 010.4201.5604 49.52 109186 O1/03/03 057096 MINER•S ACE HARDWARE COUPLER/FLAG TAPE 612.4610.5610 12.58 456.']9 109187 O1/03/03 062712 ORCHARD SUPPLY HARDWARE VIN STRIP 010.4213.5604 3.69 309187 O1/03/03 062]12 ORCHARD SUPPLY HPRDWARE LEVE7.5/CI.AMP . 220.4303.52'/3 47.01 50.65 109188 O1/03/03 063960 PACIFIC BELL N.BRD� 841-3953 010.4211.5403 31.86 109188 O1/03/03 063960 PACIFIC B6LL PHONE 271-7480 010.4201.5403 64.70 � 109188 O1/03/03 063960 PACIPIC HELL PAY PHONB 481-9816 010.4145.5403 51.98 109188 O1/03/03 063960 PACIFIC BELL ALARM 841-3956 220.4303.5403 31.86 109188 O1/03/03 063960 PACIFIC HELL PHONB 489-9867 010.9201.5903 53.91 234.31 109189 O1/03/03 102995 PACSFIC BELL/WOALDCOM MIS T-1 LINE 371-6547 010.9190.5303 172.82 109189 O1/03/03 102995 PACIFIC BELL/WORLDCOM PHONE 473-2198 010.4145.5403 90.24 109189 O1/03/03 102995 PACIFIC BELL/WORLDCOM PHONE 973-5100 010.4145.5403 760.40 109189 O1/03/03 302995 PACIFIC BELL/WORLDCOM PHONE 473-5141 010.4145.5903 304.73 � 109189 O1/03/03 302995 PACIFIC BELL/WORLDCOM PHONE 481-6944 010.4201.5403 113.33 1,391.52 � 109190 O1/03/03 064194 pACIFIC GAS fi ELECTRIC ELECTRIC 030.4304.5402 204.97 109190 O1/03/03 064199 PACIFIC GAS & 6LECTAIC 8L2CTRIC 010.9304.5402 8.39 109190 O1/03/03 064194 PACIFIC GAS & ELECIRIC ELEC1'RIC 010.4304.5402 39.10 247.41 109191 O1/03/03 067782 DENNIS PORTE P[Jppy pI,py SCHOOL CLASSSS 010.4424.5351 953.'/5 953.75 309192 O1/03/03 102673 PULITZER TPR SUBSCRIPTION 010.4212.5503 20.00 � 109192 O1/03/03 102673 PULITZER � TPR SUBSCRIPTION 010.4130.5503 20.00 j 109192 O1/03/03 102673 PULIT2ER TPR SUBSCRIPTION-PD 010.9201.5503 20.00 i 109192 O1/03/03 3026]3 PULITZER TPR SUBSCRIPTION 010.4301.5201 20.00 80.00 I�. r 109193 01/03/03 10070] QUAOHp[iT SYSTEMS,INC ANNUAL SOFTWARfi SUPPORT 010.4120.5303 385.00 �� 109193 O1/03/03 100707 QUADRANf SYSTEMS,INC ANNOp[, SOFTWARE SUPPORT 010.4421.5201 255.00 �.g 109193 O1/03/03 100]0] QUADRpP7P SYSTEMS,INC ANN[JAL SOFTWARE SUPPORT 010.4201.5201 130.60 ]']0.00 �3! �+ 109194 O1/03/03 069120 R.H.F.INC TUNING FORKS 010.4201.5603 554.83 554.83 �'� �: �! VOUCHI2E2 CITY OF ARROYO GRANDE PAGE 4 12/31/02 09:39 VOUCHER/CHECK REGISTER � FOR PERIOD 07 VOUCH6R/ CH6CK C7�CK VENppR VENOOR ITEM ACCOUNT ITEM C}iECK NOMBER DATE - NUGIDER NI�MG DESCRIPTION NUPIDER AMOUNT AMOUNT 109195 O1/03/03 102144 RHINO LININGS HED LINER 010.9920.5601 382.50 382.50 109196 O1/03/03 0'/0590 RIC7�TTI WATER CONDITIO R6NTAL-WAT&R FILTSR SVCS 010.9201.5604 I5.00 15.00 109197 O1/03/03 072638 S fi L SAFETY PRODUCTS GLASSES/BOOTS/RAIN GEAR 010.4930.5255 255.91 255.91 309198 O1/03/03 07815fi S6BASTIAN OIL DISTRIB. GASOLINE 010.9201.5608 , 1,252.89 1,252.89 109199 01/03/03 102929 SIRCHI6 FING6RPAINT LAB TEST-METH & CRIME ACCIDENT 010.4201.5255 130.82 309199 O1/03/03 102424 SIRCHIE FINGERPRINT LAH RUBBER CASTING RIT/TIR6 TR6AD 010.4201.5255 278.9'] 409.79 109200 O1/03/03 080808 SOUTH SLO COUNTY SANIT S6WER HOOICUPS-11/02 760.0000.2305 6,000.00 109200 O1/03/03 OBOBOB SOUTH SLO COUNTY SANIT SEWER SVC COLL-11/02 760.0000.2304 93,905.BB 109200 O1/03/03 080808 SOUTH SLO COUNTY SANIT 11/2 SAN.OIST-219 E.BRANCH 010.9145.5401 19.63 109200 O1/03/03 080808 SOUTH SLO COUNTY SANIT 11/2 SAN.DIST-215 E.HRANCH 030.4145.5401 13.47 109200 O1/03/03 080808 SOUTH SLO COi1NTY SANIT il/2 SAN.DIST-20B E.BRANCH 010.4145.5401 13.47 109200 O1/03/03 080808 SOUTH SIA COUNTY SANIT 11/2 SAN.DZST-211 V@RNON 010..4145.5401 13.4] 109200 O1/03/03 OBO808 SOUTH SLO COUNCY SANIT 11/2 SAN.DIST-140 TTRAFPIC WAY 010.4145.5401 13.4] 109200 O1/03/03 080808 SO[TfH SIA COUNTY SANIT 11/2 SAN.DIST-STROTH6R R/R 010.9195.5401 13.4'/ 99,992.86 109201 O1/03/03 080886 SOUTHBRN AUTO SUPPLY BATTERY � 010.9430.5601 3'/.53 109201 O1/03/03 080886 SO[TlHERN AUTO SVPPLY RUBBER HOOD HOLD6R 220.4303.5601 9.91 4],qg 109202 O1/03/03 082134 STATBWIDE SAFETY fi SIGN INT6RSSCTION SIGNS 220.4303.5613 201.64 201.64 109203 O1/03/03 082328 ST6RLING COIQAUNICATIONS JAN SERVICE AGREEMENT 010.9201.5606 979.00 109203 O1/03/03 082328 STERLING COF841NICATIONS BATTBRY 010.4305.5603 10.73 309203 O1/03/03 082328 STERLING COhAfONICATIONS RADIO 010.4301.6301 '!'l6.67 109203 O1/03/03 082328 ST6RLING COPAtONICATIONS RfiMOVAL/R&INSTALL RADAR VNIT 010.9201.5603 94.93 109203 O1/03/03 002328 STERLING COhA7[1NICATIONS SIREN CONTROLLBR/SPSAKER 010.4201.5601 361.61 2,217.94 109204 O1/03/03 082836 STAEATOR PIPE 6 SUPPLY SEW6A PIP6 612.4610.5610 9.7'] 9.7'] 109205 O1/03/03 103381 MARY B6TH STROPIDERG AEF.PUPPY PLAY SCHOOL-51ROPID&R 010.0000.4605 BS.00 85.00 309206 O1/03/03 103380 RICHARD OR CFIItISTI6 THO REF.S C YOqTH H/HALL-THOMA$ 010.0000.4613 35.00 35.00 109207 O1/03/03 102244 TITAN INDUSTRIAL FRIS[(&R GIAVES 010.4201.5272 133.12 133.12 109208 O1/03/03 088084 UNITED GREEN MARK,INC. SPRINI(L6R RHPAIR 010.4420.5605 43.29 43.29 109209 O1/03/03 090480 WAYNC'S TIRE Li7B6/OIL/FILTER 010.4201.5601 23.61 309209 O1/03/03 090480 WAYNE'S TIRE LUBE/OIL/FILT6R/WIPERS/TIR6S 010.4201.5601 206.61 109209 O1/03/03 090480 WAYN6'S TIRE R&PR.FLAT TIRE 010.4201.5601 14.00 109209 O1/03/03 090480 WAYNE'S TIRE REPR.FLAT TIR& 010.4920.5601 74.00 109209 O1/03/03 090980 WAYN6'S TIRE LUBE/OIL/FILT6R/WIPERS 010.4420.5601 85.39 109209 O1/03/03 090480 WAYNE'S TIRE TIR&S 010.9201.5601 68.81 412.42 109210 O1/03/03 092976 WITMGA-TYSON IMPORTS R-9 BOARDING/SUPPLIES 010.4201.5322 462.'/6 462.'/6 � 9 , TOTAL CHECKS 125,963.19 ! I �- VOUCHI262 CITY OF ARROYO GRANDE PAGE 5 12/31/02 09:39 . VOUCHER/CHECK REGISTER � FOR PERIOD 07 FUND TITLE AMOUNT � O10 GENERAL pONp 18,907.48 . 220 STRBBTS FUND 4,111.'/2 612 SfiWER FOND 5'/1.90 640 WAT6R FUND 2,466.21 760 SANITATION DISTRIBVfION FOND 99,905.88 TOTAL 125,963.19 � i ti �.' �: �i �' f E : nl i ,, F i : ! � . _.. _—.____ __. . ( � � ATTAC1IIfENT 3 VOUCF�iE2 CITY OF PRROYO GRANDE PAGB 1 O1/0�/03 14:11 VOUCHER/CHECK REGISTER FOR PERIOD 07 VOUCf�R/ C}�CK CH6CR VENDOR VBNDOR ITEM� ACCOUMf ITEM CF�CK NOMBBA DAT6 NOMB6R NAM6 DESCFtIPTION NOMBER AMOUNT AMOUNT 109211 O1/10/03 101110 AGP VID80 VIDEO PRODUCfION/TAP6 010.4301.5330 1,900.00 1,900.00 109212 O1/10/03 103387 AIRBORN EXPR655 SQL SERVER DELIV6RYILEA56 PNtC 010.4120.5597 53.01 53.01 109213 O1/10/03 003120 AM6RICAN INDQ5IRIAL SUP GLOVES 612.4610.5255 153.28 153.28 109214 O1/10/03 100897 AMBRICAN TEMPS CONNERLEY SVCS2/16-12/20 612.9610.5303 213.84 109214 O1/10/03 100897 AhffiRICAN TEMPS CONNERLEY SVC52/16-12/20 640.4710.5303 213.84 109214 O1/10/03 100897 AMBRICAN TEMPS CONNGRLEY SVC52/16-12/20 010.4301.5303 220.32 109214 O1/10/03 30089'/ AMBRICAN TEMPS SCEAIIOT SVCS 12/16-12/20 640.4712.5303 748.00 1,396.00 109215 O1/10/03 102632 ANIXTER,INC 6QIIIPT/FIB&R OPTSC NETWORR UPG 030.4140.5303 1'/5.91 109215 O1/10/03 102632 ANIXTER,INC EQIIIPT.FIBHR OPTIC NETWORR UPG 030.4140.5303 24'].58 109215 O1/10/03 102632 ANIXTER,INC EQUIPT.FIB@R OPTIC N6TWORR I7PG 010.4140.5303 518.44 941.93 109216 O1/10/03 103389 KARINA ANIRIM REF.CNILD IN MOTION-ANTRIM 030.0000.4602 18.75 18.75 30921'/ O1/10/03 102509 API WASTE SERVICES R/O HIN-DOMP/RETURN SVCS. 010.4213.5303 500.00 500.00 109218 O1/10/03 103062 AQUA-MBTRIC SALES CO 3' COMPOUND METER . 640.9712.5207 1,305.26 1,305.26 109219 O1/30/03 005'/"/2 ARROYO GAANDB COhAA. HOS PRE-EMPLOY PHYSICAL-LANGSTAFP -010.9201.5315 � 207.00 109219 O1/30/03 005772 ARROYO GRANDE COhAt. HOS PRE-EMPLOY PHYSICAL-DAY 010.4201.5315 196.00 403.00 109220 O1/10/03 00'!'122 AVILA SIGN 6 DESIGN BLM ST REC.DOOR SIIN 010.4213.6901 110.00 110.00 109221 O1/10/03 103246 HEACH CITIES CAH CO,INC TA%I SVCS 12/15-12/31 225.4553.5507 1,101.50 1,101.50 109222 O1/10/03 301117 BRANCH STREET DELI &MPLOY6E R6COGNITION Si7PPLI85 010.4101.5319 394.68 394.68 109223 O1/10/03 017472 CA.ST.DSPT.CONSERVATION SMIP 2Q 02/03 010.0000.2208 537.00 109223 O1/10/03 017472 CA.ST.D&PT.CONSERVATION ADMIN P8E-SMIP 010.0000.4801 26.85- 530.15 109224 01/10/03 018330 CA.ST.DBPT.OF JUSTICE FINGERYRINT C7�CKS-NOV 010.9425.5315 81.00 �109224 O1/10/03 018330 CA.ST.DBPT.OF JUSTICE FINGERPRINT C7�CKS-NOV 010.4201.5324 46.00 109224 O1/10/03 018330 CA.ST.DBPT.OF JUSTICE IN/OUT FINGERPRINTS 010.9201.5329 1,082.00 1,209.00 109225 O1/10/03 103316 CBIZ� GASB 34 INPRASTRUCT-PMT 2 350.5405.7701 20�000.00 20,000.00 � 109226 O1/10/03 103055 CHLLULAR ONE C6LL PHONE-P fi R 010.4425.5255 95.27 95.2'/ 109227 O1/10/03 021918 CENIRP.L COAST SUPPLY HLIX. MAINT.SUPPLI85 010.4420.5605 637.27 109227 O1/10/03 021918 CENTRAL COAST SUPPLY BLDG MAINT.SUPPLIES 010.4420.5605 42.79 680.06 109228 O1/10/03 100521 CHANN6L COUNTI&S DIVISI 2003 ANN[7AL DUES 010.4145.5503 100.00 100.00 109229 O1/10/03 022632 CHAPARRAi. MAINT/COPY OV6RAGE 010.4421.5602 166.91 16fi.91 109230 O1/10/03 023322 C}Q2ISTIANSON IXEVROLET R6PR.COOLING SYS/SERVICE-PW921 010.4301.5601 89.72 89.72 109231 O1/10/03 103300 CLBAN SWEEP TANITORIAL .TANITORIAL SERVICfiS 010.9213.5303 3,]]3.00 3,'1'13.00 VOUCHIiE2 CITY OP ARROYO GRANDS PAGE 2 O1/07/03 14:11 VOUCH6R/CHECK REGIST6R FOR PERIOD 07 VOUCHBR/ CH6CR CE�CK VENDOR V6NDOR ITEM ACCOUNT IT6M � CHECA NUt�ffi6R DATS NUMBER NAhIIi DESCRIPTION NUPID6R pp7ppP7'p pMp[7p7T 109232 O1/10/03 024992 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 12.00 1�9232 O1/10/03 024492 COLII CANYON LAND FILL GREBN WASTE DUMP 220.4303.5307 12.00 109232 O1/30/03 024492 COLD CANYON LAND FILL GRE6N WASTE DUMP 220.4303.5307 12.00 109232 O1/10/03 024492 COLD CANYON LAND FILL GREEN WASTfi DUMP 220.4303.5307 50.75 109232 O1/10/03 02¢492 COLD CANYON LAND FILL GREEN WASTB DI7MP 220.4303.5307 85.75 109232 O1/10/03 029992 COLD CAt1YON LAND FILL GR6EN WASTS DUMP 220.9303.5307 84.75 109232 O1/10/03 024492 COLD CANYON LAND FILL GREBN WASTE DUMP 220.4303.530] 62.25 109232 O1/10/03 024492 COLO CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 � 132.50 � 452.00 109233 O1/30/03 101528 COMPUT6RLAND YSLLOW TONBR CARTRIDGE 010.4140.5602 � 118.2U 118.20 109234 O1/10/03 028548 DAYSTAR INDUSTRIES S7R66T SWEEPING 010.4303.5303 3,648.71 109234 O1/30/03 028548 DAYSTAR INDUSTRIES STRSBT SW&EPING 220.4303.5303 2,332.'/B 5,981.49 109235 O1/10/03 101702 DELL MARKETING L.P. DOCUMENT IMAGING COMPUTER 010.4140.6101 1,261.29 . 109235 O1/10/03 101702 DELL MAR[�TING L.P. D6LL COMPUT8R5-3 L8A56 PURCF3 010.4120.5597 3,420.21 9,fi81.50 109236 O1/10/03 102574 6ARTEII.INK,INC MONTHLY WEBSITE DIALUP 010.4140.5303 23.95 23.95 109237 O1/10/03 100465 BDBN SYSTBMS,INC. FIN.SOPT47AR6 SUPPORT � 030.4140.5303 11,306.'/6 109237 O1/10/03 300465 fiDEN SYSTEMS,INC. INITIAL INSTALL(L6AS6 Pi7HCH) 010.9120.5597 31.25 11,336.01 109238 O1/10/03 033150 P&DERAi. EXPRESS CORP SHIPPING CHARGES-RX LASER 010.4120�.5201 18.4fi 18.4fi 309239 O1/10/03 1013]9 FERGUSON 6NT6RPRISES,IN BACKFIAW D6VIC& 010.4420.5605 117.98 109239 O1/10/03 101379 FERGUSON 8Nf8RPRIS6S,IN ANGLE STOPS/PIP6 350.5906.7001 355.53 109239 O1/10/03 101379 FERGUSON ENT&RPRISES,IN VALVE/TAPPING SL66V6 350.5906.7001 '/84.02 � 109239 O1/10/03 101379 F6RGUSON ENTERPRISES,IN GLOVES/FLAS}Q.IGHTS 640.9712.5273 11'/.6B 1,3'/5.21 109240 O1/10/03 066924 GRAND AWARDS-PLAQU6 SHA EMPLOY68 R6COGNITION PINS 010.4001.5504 743.24 109290 O1/10/03 066924 GAAND AWARDS-PLAQUE SHA ENGRAVE PLATBS 010.4213.6401 16.09 109240 O1/10/03 066924 GRAND AWARDS-PLAQUB SHA 6MPLOYEE RBCOGNITION PLAQUHS 010.9001.5504 37.54 796.87 109241 O1/30/03 039629 HAARER EQUIPMENT TURNTABLE BEAIiINGS 612.4610.5603 1,829.70 1,829.70 109242 O1/10/03 103390 VIRGINIA HARRISON REF:SC YOUTH B/BALL-GIBBONS 010.0000.4613 45.00 45.00 109243 O1/10/03 042354 HI STANDARD AUTOMOTIVE IBCTOR OOME 220.9303.5601 150.09 150.09 109244 O1/10/03 042302 HIND6RLITfiR,DE LLAMAS $AL6S TA% REPT-2Q 02/03 010.4120.5303 975.00 109244 O1/10/03 042302 HINDBRLITBR,D6 LLAMAS AUDIT SVCS-SALES TAX 010.4120.5303 665.56 1,640.56 109295 O1/10/03 043758 ICT1A t�MBER SVCS. DUBS 1/1/03-12/31/03 010.4101.5503 939.00 939.00 109246 O1/10/03 102701 INDOFF,INC. OPPICE SUPPLIES 010.4140.5602 92.08 109246 O1/10/03 102'/01 INOOPP,INC. OFFICE SUPPLISS 010.4430.5201 14.48 109246 O1/10/03 102"!O1 INDOFP,INC. OFFICE SUPPLIBS 010.4130.5201 106.06 109246 O1/10/03 102701 INDOFF,INC. OFFSCE SUPPLIES 010.4301.5201 9'/.20 109246 O1/10/03 102701 INDOFF,INC. OFFICE SUPPLIES 010.4421.5201 223.52 109246 O1/10/03 102]O1 INDOFF,INC. OPFICE SUPPLIES 010.4420.5201 32.26 109246 O1/10/03 302701 INDOFF,INC. OPPIC6 SUPPLIES 010.4130.5201 65.85 581.45 VOUCEII2E2 CITY OF ARROYO GRANDE PAGE 3 O1/0'//03 14:11 VOIICHER/CHECK REGISTSR FOR PfiRIOD 07 VOUCFIBR/ CH&CK CHGC% V&NDOR VENDOR ITEM ACCOUNI' ITEM CHBC% NqMBER DAT6 NUhIDER NN� DESCRIPTION Nf1MB8R AMOUNT AMOUNT 109247 O1/10/03 044496 INFO.TECFINOLOGY DEPT DAS WBEI(5 95/96 11/1-11/15 010.4190.5303 3,295.20 109297 � O1/10/03 044496 INFO.TECk¢iOIACY DEPT OATA SUPPORT-H.DAVIS 010.4140.5303 910.00 4,205.20 109248 O1/10/03 046176 J J'S FOOD COMPANY CT1C CRBW SUPPLIES 220.9303.5613 B.6B 8.68 109249 O1/10/03 103302 ICAUTZ CE�VRON SERVICE SMOG INSPECf-P28 010.4420.5601 42.00 42.00 109250 O1/10/03 101227 I�VIN I(GNNEDY REP.PERF.HOND-H6NNEDY FIT. 030.0000.2209 16,42'/.00 16,427.00 109251 O1/10/03 052144 LI6B&RT,CASSIDY,WHITMOR CC 6MPLOY.RELATIONS MEPID6RSHIP 010.9195.5501 2,465.00 2,465.00 109252 O1/10/03 102667 ROSEMARIE IAPEZ CHEER fi POM CLASS-LOPE2 410.4424.5351 17.50 17.50 109253 O1/10/03 101325 ]C6RRY MCCANPS . CONSULTING SVCS-CODE REVI6W 010.4130.5303 1,920.00 1,920.00 109254 O1/10/03 056182 MELiA 6 SON'S PUMPS & M REPACR SOTO HASIN 690.4712.5610 65.19 65.19 109255 O1/10/03 055640 METAL SHOP INC. METAi. 220.4303.5613 350.00 350.00 109256 O1/10/03 056394 MIDAS MUFFLER & HRAKE SAFBTY INSPECT/HRAK6S-PW36 010.9305.5601 191.50 191.50 109257 O1/10/03 056940 MISR BROS. CONCRETE 350.5512.'l001 93.44 ' 109257 O1/10/03 056990 MIER HROS. CONCRETE 350.5907.7002 43.44 86.88 109258 O1/10/03 OS'/096 MINBR'S AC6 HARDWARE QUICK CR6T6 010.4420.5605 12.81 109258 O1/10/03 057096 MINER'S ACE HAADWARB PVC PLUGS/CAPS 010.4420.5605 6.57 109258 O1/10/03 057096 MINER'S AC& HARDWAR6 PAINT SUPPLISS 220.4303.5613 102.48 109258 O1/10/03 057096 MIN6R'S ACfi HARDWARE ELBCfRICAL SUPPLIES 010.4420.5605 16.57 138.43 109259 O1/10/03 057290 MI17-LITE,INC. 6 TABLES/PRSIGHT 030.4213.6201 1,091.87 1,091.87 109260 O1/10/03 058578 MULLAH6Y FORD VALVE ASSY/IINITION DINGER 010.4201.5601 480.88 480.88 109261 O1/10/03 102044 NOSSAMAN,GUTtQ�7ER,[QiOX 6 PROF.LEf�AL SVCS-SM VLY WATER 640.4730.5575 7,250.55 7,250.55 1092fi2 O1/10/03 102995 PACIFIC BELL/WORLDCOM L/DIST FAX 010.4145.5403 35.12 35.12 309263 O1/10/03 064199 PACIPIC GPS 6 ELECTRIC 6L6CTRIC 010.9304.5402 1,558.12 109263 O1/10/03 064194 PACIFIC GAS k fiLECTRIC ELECTRIC 640.4712.5402 441.52 109263 O1/10/03 064194 PACIFIC GAS & 6L6CTRIC ELECTAIC 64�.4711.5402 . 7,788.39 109263 O1/10/03 064194 PACIFIC GAS & ELECTRIC BLSCTRIC 612.4630.5402 1,534.47 109263 O1/10/03 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.9145.5401 6,427.55 109263 O1/10/03 064194 PACIFSC GAS 6 ELECfRIC ELECTAIC 217.4460.5355 7.42 17,757.47 109264 O1/10/03 065598 DOUG P6RRIN REIhID.YOUTH H/HALL SUPPLI85 010.4426.6201 25.89 25.89 109265 O1/10/03 103159 PLATINUM PLUS FOR BIISIN GASOLIN6 010.4201.5fi08 109.33 109265 O1/10/03 103154 PLATINOM PLUS FOR HUSIN TRAVBL TO PICK/UP DISABLE VEHI 010.4201.5501 129.78 109265 O1/10/03 103154 PLATINUM PLUS FOR BUSIN CITIZBN ACADEMY GRAD.DINNBR 010.4201.5504 76.28 109265 O1/10/03 103154 PLATINOM PLUS FOA BUSIN E-2 UP CANOPY POR SRT 010.9201.5272 831.14 109265 O1/lU/03 103154 PLATIN[M PLUS FOR BUSIN TVITION/F865-FTO AOMIN 010.4201.5501 30.00 VOUC�t62 CITY OF ARApyO GRANDE � O1/07/03 14:11 pAG6 4 VOUCHER/CHECK R6GISTER FOR P6RIOD 07 VOVCE�R/ CH6CK CHBCR V6NDpR VE[9DOR ITEM ACCOUNI' ITEM cescx NUMBER DATE � NUPIDER NAM6 DESCRIPTION NUI.ID�R AMOUNY, AMOUNT 109265 O1/10/03 103154 PLATIN[1M PLUS FOR BUSIN PATCfIES FOR TAC SUITS 010.9201.5255 40.42 109265 O1/10/03 103154 PLATINUM pLUS FOR HUSIN CHItISTMAS CARDS 010.4201.5201 87.'!0 109265 O1/10/03 103159 PLATINUM PLUS FOR BUSIN APCO MEPIDERSHIP/AOLT 010.4201.5503 85.00 109265 O1/10/03 103154 PLATINUM PLUS POR HUSIN TV/VCR 010.4201.5255 182.32 109265 O1/10/03 103159 PLATINUM PLUS FOR BIISIN GASOLINE 010.4201�.5608 17.93 309265 O1/10/03 103154 PLI�TINOM PLUS FOR HUSIN SANTA COP 010.4201.5504 Zp,Z7 � 109265 O1/10/03 103154 PLATINUM PLUS FOR HUSIN LIGHT UP PENS FOR SANTA COP U10.4201.5504 12'/.23 109265 O1/10/03 103154 PLATIN[M PLUS FOR BUSIN GA$OLINE . 010.9201.S60B 42.]B 109265 O1/10/03 103154 PLATINOM PLUS FOR BUSIN TRAVEL/TRAINING 010.4201.5501 315.65 109265 O1/10/03 103159 PLATINUM PLIIS FOR BUSIN OFFICE C7iHIR 010.4201.5201 534.93 2,629."!6 109266 O1/10/03 103388 VIVIAN RAy REF:PARKING CITE 0201632 010.0000.4808 1.00 1.00 109267 O1/10/03 102547 RICOH LEASING COPIBR LfiASE , 010.4421.5602 198.31 148.31 109268 O1/10/03 103314 ROA[ILINE PDTS.INC. PUMP ppRTS 220.4303.5601 534.84 109268 01/10/03 103319 ROADLINS PDTS.INC. PUMP REpR.RITS 220.9303.5601 8']8.59 1,913.43 109269 O1/10/03 069496 RXLASER W2/1099 PAPER/ENV8LOP6S 010.4120.5201 925.51 925.51 109270 O1/10/03 100938 SAFEWAY,INC. TVR7(Ey 1ROT SUPPLI65 030.4929.5252 296.99 296.49 109271 O1/10/03 100192 SAN LUIS MAILING SVC BUSINESS LICENSSS MAILING 010.4120.5201 SB4.89 584.89 109272 01/10/03 077142 JOYCE $AROWATARI QtAFT SUPPLIES 010.4423.5253 41.96 91.96 109273 O1/10/03 103391 SAUL MINEROFF BL6CTAONI DUPLICATOR-HIGH SPEED 272,q201.6201 1,995.00 1,995.00 109274 O1/10/03 080886 SOITTF�RN AUTO SUPPLY QUICX COUPLER 220.4303.5601 39.38 1092'/9 O1/10/03 080886 SOUTH6RN AUTO SUPPLY AA gp1TERY 030.9305.5273 5.34 109274 O1/10/03 080886 SOUTHERN AUTO SUPPLY BATTERI6S 010.4430.5601 39.99 109274 O1/10/03 080886 SOUTI�RN AUTO SUPPLY BATT&RIES 010.9920.5601 12.68 309274 O1/10/03 080886 SOUTHBRN AUTO SUPPLY HATTERIES 010.4420.5601 69.98 f. 109274 O1/10/03 080886 SOUTktERN AUTO Si7PPLY BATTSRIES i� 010.4305.5601 69.98 232.35 !a 109275 O1/10/03 U82134 STATEWIDE SAFETY 6 SIGN FLOOD SIINS � j� 220.4303.5613 233.11 I�3 1092'/5 O1/10/03 082139 STAT&WID6 SAP&TY fi SIGN $p[ip gp,GS 220.4303.5613 91.16 324.27 f� ;� 109276 01/10/03 082328 STERLING COhA10NICATI0N5 INSIZ.RADIO/ANTBNNA 010.4201.5601 1'/4.61 �� 109276 O1/10/03 082328 STERLING COFAtUNICATIONS 924 RBMOVED CODE 3 EQUIPMBNT 010.4201.5601 228.00 ��' 109276 O1/10/03 082328 STfiRLING COhA1[ffiICATIONS 981 INSTALG RADIO/BXT.SPEARGR 010.9201.5601 250.59 j��� 109276 O1/10/03 082328 STSRLING COMAONICATIONS 024 INSTALL SQUIPMENT 010.4201.5601 1,914.78 i'�: 109276 U1/10/03 082328 ST6RLING COMdONICATIONS 019 INSTALL EQUIPMENT 010.4201.5601 1,925.33 ��� 109276 O1/10/03 082328 STERLING COfM10NICATIpNS 992 TOC.('L6 SWITCH 010.4201.5601 83.40 4,576.71 ���' 1• 10927"! O1/10/03 102244 TITAN INDI/SIRIAL SAFETY VESTS 010.4213.5255 45.85 95.85 � �' 109278 O1/10/03 088062 UNION ASPHALT INC ASPHALT 220,¢303.5613 359.06 109278 O1/10/03 088062 VNION ASPHAI.T INC COLD MIX 220.4303.5613 990.27 109278 U1/1�/03 088062 UNION ASPHAi,T INC ASPHpLT 220.4303.5613 91.33 940.66 VOUCHR&2 CITY OF ARROYO GRAND6 PAGE 5 O1/07/03 14:11 VOUCHER/CHECR REGISTER FOR PERIOD 07 VOUCE�R/ C7ffCK CFIEC% V6NDOR V@1DOR ITEM ACCOUNT ITBM CH6CR NOM86R DATE NUPID&R NAME DESCRIPTION NUhIDER AMOUCTP AMOUNP 109279 O1/10/03 0876]2 UNITED RENTALS RENT-TRACfOR 010.9930.5552 350.32 1092'/9 O1/10/03 087672 UNITED RENTALS ABNT-1RACTOR 030.9920.5552 210.15 560.47 109280 O1/10/03 088296 UNITED STATES POSTMASTE POSTAGE 010.4140.5303 3,000.00 3,000.00 109281 O1/10/03 10200'/ VERIZON WIRELESS C6LL PHONE CM � 010.4101.5403 46.56 46.56 109282 O1/10/03 090246 JOHH WALLACE fi ASSOC. GEIS6RAL CONSULTING 010.4301.5303 5,9'/9.45 109282 O1/10/03 090246 JOHN WALLACE & ASSOC. CR66%SID6 PATH PHASE 2 350.5607.'/501 6,294.47 109282 O1/10/03 090246 JOHN WALLACE 4 ASSOC. OAR PAR% BLVD.WID&NING 350.5609.7301 2'/3.85 109282 O1/10/03 090246 JOHN WALLACE & ASSOC. SL CAMPO/RT 101 PSR , 350.5616.7301 . 17.50 109282 O1/10/03 090246 JOHN WALLACE & ASSOC. GRAND AVE PHASE 3 350.5812.7501 6,323.25 109282 O1/10/03 090246 JOHN WALLACE 6 ASSOC. SPRUCE ST SIDEWALKS 350.5641.]301 1,542.13 109282 O1/10/03 090246 JOHN WALLACE 4 ASSOC. CEDAR STREET SIDENALI45 350.5646.7301 1,523.43 21,954.08 109283 O1/10/03 090480 WAYN6'S TIRE REPR.FLAT TIRE 010.4420.5601 14.00 14.�00 109284 O1/10/03 093026 WBST GROUP PAYM6NT CTR. 2003 CA PENAL CODES (11) 010.4201.5255 200.56 109284 O1/10/03 091026 W85T GROUP PAYhffiNT CTR. CA COOES CD SOBSCRIPTION 010.4003.5503 1'/5.90 3'/6.46 109285 O1/10/03 100931 WILLARD PAPER CO ENVEIAPES 010.4102.5255 305.85 109285 O1/30/03 100431 WILLARD PAPER CO PAPER 010.4102.5255 40'/.55 109285 O1/10/03 100431 WILLARD PAPER CO PAPER 010.4102.5255 338.91 1,052.31 109286 O1/10/03 303150 LAWSON WILLIAMS REP.PARK DEP-WILLIAMS 010.0000.4354 57.00 5].00 TOTAL CHECKS � 158,649.24 � .. . . _._- . .._ _..__' _'._. . _ .� � VOUCHR62 . CITY OF ARROYO GRAND& � PAG6 6 O1/07/03 14:11 VOUCHER/C7�CK REGISTER FOR PERIOD 07 FON� TITL6 AMOONT O10 GENERAL FUND 90,568.77 217 LANDSCAPE MAINTENANCE DIS1RICf 7.42 220 STREETS FUND 6,113.77 225 TRANSPORTATION FUND 1,101.50 2"!2 CA LAW 6NFORCMT TQR7LGY 6QUIP. 1,995.00 350 CAPITAL IMPROV6I�NT FUND 37,201.06 612 SEWER FUND 3,731.29 690 Y7ATER FUND 17,930.43 T�T� 158.649.24 . ATTACIiP4E:QT 4 � CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 12I20/02-01IO2/03 01H0/03 FUND 010 263,380.31 Salaries Full time 140,457.25 FUND 220 13,737.29 Salaries Part-Time-PPT 21,207.81 FUND 284 4,626.25 Salaries Part-Time-TPT 7,086.24 FUND 612 4,857.40 Salaries OverTime g,gzg.56 FUND 640 11,023.65 Salaries Standby 406.50 297,624.90 Holiday Pay 5,448.80 Sick Pay p,782.3P Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - Vacation Pay 22,718.45 Comp PaY 6,667.98 Annual Leave Pay 9,123.41 PERS Retirement 18,133.74 Social Securiry 16,429.12 PARS Retirement 232.93 State Disability Ins. 763.15 Health Insurance 30,033.63 Dental insurance 3,910.68 Vision Insurance 893.13 Life Insurance 626.20 Loog Term Disability - Uniform Allowance - Car Allowance 400.00 Council Expense 375.00 Employee Assistance - Boot Allowance _ Motor Pay 100.00 297,624.90 f� li i�� s I p i s� f� li S.b. � O� �,RROYpC �,�, �c«ww�.e T� MEMORANDUM o �i # ,u�r �a »n * c��/FORN�' To: cirr couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES � SUBJECT: ROM T E W�ER FACILITY FUNp OF INTERFUND ADVANCES DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council: . Accept the December 2002 cash report, . Approve the interfund advance of$219,044 from the Water Faciidy F�d to cover cash deficits in other funds as of December 31, 2002. FUNDING: No outside funding is required. A a e t , A— Cash Balance/lnterfund Advance Report : ii � ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE/INTERFUND ADVANCE REPORT At December 31,2002 Balance at ���� �� F� 12/31/02 Advanas Belanoe 010 General Fund 2,705,952 2,705,952 210 Firo Protection Lnpact Fees 156,369 156,369 212 Police Protation Impact Fees 28,750 28,750 213 Park Development 462,486 462,486 214 Park Imptovement 69,483 69,483 215 Recreation Community Center 5,710 5,710 217 Landscape Maintenance 32,784 32,784 220 StreU(Gas Tax)Fund 162,721 162,721 221 Traffic Congestion Relief 45,733 45,733 222 Ttaffic Sig�alization 423,217 423,217 223 Traffic Circulation 479.886 4�>� 224 TrmspoRation Faciliry Impact 1,765,630 1,763,630 225 Transportation (58,455) 58,455 0 226 Water Neutral'uation Impact 628,458 628,438 230 Constmction Tau 255,508 255,508 231 Drainage Facility 25,676 23,676 232 In-Lieu Affordable Housing 788,634 788,634 241 Lopa Facility Fund 1,007,350 1,007,350 250 CDBG Fund (2,296) 2,296 0 271 Sffite COPS Block Grant Ftwd 102,880 1�2.880 272 Cali£I.aw Enf. Technology Grant 50,703 50,'703 279 00-01 Fed Local Law Enforcement Grant b0 � 284 Redevelopment Agency (74,443) 74,443 0 285 Redevelopmeat Set Aside 68,439 68,439 350 CapitalProjects 878,520 878,520 612 Sewer Fund 51,818 51,818 634 Sewer Facility 171,440 171,440 640 Water Fund 2,870,380 2,870,380 6q1 LopeZ (83,850) 83,850 0 642 WaterFacility 1,164,840 (214,044) 945,796 751 Downtown Padcin8 41,342 41,342 760 Sanitation Distrid Fund 109,808 1�,� II iTotal Ciry Wide Cash 14,� 0 14,� � TFIE ABOVE LISTING ARE Tf�CASH BALANCES SHOWN IN Tf�GENERAL LEDGER OF Tf�CITY OF ARROYO GRANDE AS OF DECEMBER 31,2002 1 i � a-� i �da K. S�adgrass � irector of Financial Services i '' o� �,RROYpc ���i■ . F wcoaron�re Z o ° MEMORANDUM # ,Nnr io, i9ii * . P C���FORN� ro: cinr couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE8�� SUBJECT: ANNUAL ADJUSTMENT OF IMPACT FEES DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution approving N�e amual adjustment to the Ciry's Impact Fees. FUNDING: The adoption of the attached Resolution will increase the Impact Fees d�aryed for new development projects in 2003. The revenue generated from this increaae is dependent on the amount of new development in the community during the coming year. DISCUSSION: In order that Impact Fees remain current with inflation, Section 3.36.040 of the Artuyo Grande Municipal Code states that the fess shall be adopted by resolution and shaN be adjusted each January by the Engineering News Record Construction Cost Index. The calculation specified in Section 3.36.040 adjusts the fees as follows: Factor = 1 + c,urrent Index—Base Index For Date of Ado�tion Base Index For Date of Ada�tion The calculation is as follows: 1.0271 = 1 + 6563 -6390 6390 The 1.0271 factor is multiplied by the adopted January 2002 Impact Fees as shown on Exhibit A of the attached resolution. � CITY COUNCIL ANNUAL ADJUSTMENT OF IMPACT FEES JANUARY 28, 2003 PAGE 2 ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation to increase Impact Fees; - Do not approve staff recommendation and retain current fee structure; - Modiry staff recommendation and approve; - Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT . IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX WHEREAS, pursuant to Section 3.36.040 of the Municipal Code, Development Impact Fees are to be adjusted annually by modifying the adopted value up or down in conformance with the Engineering News Record Construction Cost Index. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the fees and fee schedules set forth in Exhibit "A" attached hereto and incorporated herein by this reference. This Resolution shail take effect sixty (60) days after its adoption per Government Code Section 66017. On motion of Council Member seconded by Councii Member and on the following roll cali vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2003. RESOLUTION NO. PAG E 2 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIAAOTHY J. CARMEL, CITY ATTORNEY � � EXHIBIT "A" Definitions: Develooment Tvoes -Residential and commercial development divided into sub- categories. Units of Development —A standard measure of the cost to provide services. The acre is the fundamental unit measure, which is divided into a smaller component, the dwelling unit (DU). Asset Cost Per Acre — The calculated cost to provide additionai servicesffacilities to new development. Calis Per Unit — The number of yearly additional police calls generated by new development. Facilitv Cost Per Call — The cost per call to expand current police facilities to accommodate new development. Persons Per Unit — The number of persons expected to reside in the unit of development. Costs Per Caoita -The cost of new or additions to the current community center, on a per person basis, to maintain the current level of service of recreation facilities. Imoact Fee Per Unit — The fee to be levied per unit of development in order to recoverfuture cost of new or.expanded facilities. A person seeking to construct a residential or non-residential development project shall pay a fire protection fee of $1,328.51 per acre. Acres per dwelling unit are determined based upon the following schedule. IMPACT FEES PER UNIT OF DEVEIOPMENT FIRE PROTECTION Units of Acres Impact Fee Land Use Cateaories Develo�ment Per nit Per nit Asset Cost Per Acre = $1,328.51 RESIDENTIAL (per dwelling unit) Residential - Estate Acre 2.50 3,321.27 Rural Residential (average 1-2 DU acre) DU 1.00 1,328.51 Single Family Detached (average 3-6 DU/acre) DU 0.32 425.13 Second Residential Unit DU 0.32 425.13 Multi-family (Condominium) DU 0.09 119.56 Multi-family (Apartments) DU 0.09 119.56 Mobile Home (Family) DU 0.32 425.13 Mobile Home (Adults only) DU 0.32 425.13 Retirement Community DU 0.09 119.56 Congregate Care Faciliry DU 0.09 919.56 GOVERNMENT Civic Center Acre 1.00 1,328.51 Post O�ce Acre 1.00 1,328.51 Community Acre 1.00 1,328.51 Department of Motor Vehicles Acre 1.00 1,328.51 OFFICE Standard Commercial Office Acre 1.00 1,328.51 Office Park Acre . 1.00 1,328.51 Single Tenant Office Acre 1.00 1,328.51 Corporate Headquarters Acre 1.00 1,328.51 Medical-DentalO�ce Acre 1.00 1,328.51 INDUSTRIAL Industrial/Business Park Acre 1.00 1,328.51 Industrial Park (no commercial) Acre 1.00 1,328.51 ManufacturinglAssembly Acre 1.00 1;328.51 Warehousing Acre 1.00 1,328.51 Storage Acre 1.00 1,328.15 Science Research & Development Acre 1.00 1,328.15 FIRE PROTECTION Units of Acres Impact Fee Land Use Cateaories Development Per Unit Per Unit Asset Cost Per Acre = $1,328.51 SHOPPING CENTERS Super Regional (>60 acres) Acre 1.00 1,328.15 Regional (30-60 acres) Acre 1.00 1,328.15 Community (10-30 acres) Acre 1.00 1,328.15 Neighborhood (<10 acres) Acre 1.00 1,328.15 COMMERCIAL SHOPS Specialty Retail/Strip Commercial Acre 1.00 1,328.51 Electronics Superstore Acre 1.00 1,328.51 Factory Outlet Acre 1.00 1,328.51 Supermarket Acre 1.00 1,328.51 Drugstore Acre 1.00 1,328.51 Convenience Market (15-16 hours) Acre 1.00 1,328.51 Convenience Market (24 hours) Acre 1.00 1,328.51 Convenience Market (w/gasoline pumps) Acre 1.00 1,328.51 Discount Club Acre 1.00 1,328,51 Discount Store Acre 1.00 1,328.51 Fumiture Store Acre 1.00 1,328.51 Lumber Store Acre 1.00 1,328.51 Home Improvement Superstore Acre 1.00 1,328.51 Hardware/Paint Store Acre 1.00 1,328.51 Garden Nursery Acre 1.00 1,328.51 RESTAURANTS Fast Food Acre 1.00 1,328.51 Sit Down Acre 1.00 1,328.51 FINANCIAL SERVICES Bank/SavingsandLoan Acre 1.00 1,328.51 OTHER LAND USES Church Acre 1.00 1,328.51 General Hospital Acre 1.00 1,328.51 ConvalescenUNursing Acre 1.00 1,328.51 Bus depot Acre 1.00 1,328.51 FIRE PROTECTION Units of Acres Impact Fee Land Use Cateaories Develoament Per Unit Per Unit Asset Cost Per Acre = $1,328.51 RECREATIONAL Bowling Center Acre 1.00 1,328.51 Campground Acre 1.00 1,328.51 Golf Driving Range Acre 1.00 1,328.51 Movie Theater Acre 1.00 1,328.51 Multi-purpose (miniature golf, video arcades, batting cages, etc.) Acre 1.00 1,328.51 Health Club Acre 1.00 1,328.51 Tennis Court Acre 1.00 1,328.51 Sports Facility Acre 1.00 1,328.51 AUTOMOBILE Car Wash Acre 1.00 1,328.51 Gas Station Acre 1.00 1,328.51 Sales (Dealer & Repair) Acre 1.00 1,328.51 Auto Repair Center Acre 1.00 1,328.51 Auto Parts Sales Acre 1.00 1,328.51 Quick Lube Acre 1.00 1,328.51 Tire Store Acre 1.00 1,328.51 CEMETERY (acre) Acre 1.00 1,328.51 EDUCATION PUBLIC OR PRIVATE University -4years (acre) Acre 1.00 1,328.51 Junior College Acre 1.00 1,328.51 High School Acre 1.00 1,328.51 Middie/Junior High Acre 1.00 1,328.51 Elementary Acre 1.00 1,328.51 Day Care Center (per child) Acre 1.00 1,328.51 Library Acre 1.00 1,328.51 LODGING Hotel (w/convention facilities/restaurant) Acre 1.00 1,328.51 Motel Acre 1.00 1,328.51 Resort Hotel Acre 1.00 1,328.51 Bed and Breakfast Acre 1.00 1,328.51 I (b) Police Facilities Fees: A person seeking to construct a residential or non-residential development project shall pay a police facilities fee of $110.91 per call for servics projected to be generated by such development project. Projected calls for service are based upon the following schedule. IMPACT FEES PER UNIT OF DEVELOPMENT POLICE FACILITIES FEES Calls Police Facilities Land Use Cateaories Per Unit Fees ($1 Facility Cost Per Call = $110.91 RESIDENTIAL (per dwelling unit) Residential - Estate 0.25 27.72 Rurai Residential (average 1-2 DU acre) 0.25 27.72 Single Family Detached (average 3-6 DU/acre) 0.75 83.17 Second Residential Unit 0.75 83.17 Multi-family (Condominium) 1.32 146.39 Multi-family (Apartments) 1.32 146.39 Mobile Home (Family) 0.75 83.17 Mobile Home (Adults only) 0.75 83.17 Retirement Community 1.32 146.39 Congregate Care Facility 1.32 146.39 GOVERNMENT (per acre) Civic Center 1.24 137.52 Post Office 1.24 137.52 Community 1.24 137.52 Department of Motor Vehicles 1.24 137.52 OFFICE (per acre) Standard Commercial Office 1.24 137.52 Office Park 1.24 137.52 Single Tenant Office 1.24 137.52 Corporate Headquarters 1.24 137.52 Medical-Dental Office 1.24 137.52 INDUSTRIAL (per acre) Industrial/Business Park 0.68 75.41 Industrial Park (no commercial) 0.68 75.41 Manufacturing/Assembly 0.68 75.41 Warehousing 0.68 75.41 Storage 0.68 75.41 Science Research & Development 0.68 75.41 � � POLICE FACILITIES FEES Calls Police Facilities Land Use Cateaories Per Unit Fees ($1 Facility Cost Per Call = $110.91 SHOPPING CENTERS (per acre) Super Regional (>60 acres) 41.48 4,600.29 Regional (30-60 acres) 41.48 4,600.29 Community (10-30 acres) 41.48 4,600.29 Neighborhood (<10 acres) 41.48 4,600.29 COMMERCIAL SHOPS (per acre) Specialty Retail/Strip Commercial 41.48 4,600.29 Electronics Superstore 41.48 4,600.29 Factory Outlet 41.48 4,600.29 Supermarket 41.48 4,600.29 Drugstore 41.48 4,600.29 Convenience Market (15-16 hours) 41.48 4,600.29 Convenience Market (24 hours) 41.48 4,600.29 Convenience Market (w/gasoline pumps) 41.48 4,600.29 Discount Club 41.48 4,600.29 Discount Store 41.48 4,600.29 Furniture Store 41.48 4,600.29 Lumber Store 41.48 4,600.29 Home Improvement Superstore 41.48 4,600.29 Hardware/Paint Store 41.48 4,600.29 Garden Nursery 41.48 4,600.29 RESTAURANTS (per acre) Fast Food 41.48 4,600.29 Sit Down 41.48 4,600.29 FINANCIAL SERVICES (per acre) Bank/Savings and Loan 41.48 4,600.29 OTHER LAND USES (per acre) Church 41.48 4,600.29 General Hospital 41.48 4,600.29 Convalescent/Nursing 41.48 4,600.29 Bus depot 41.48 4,600.29 � POLICE FACILITIES FEES Calls Police Facilities Land Use Cateaories Per Unit Fees ($1 Facility Cost Per Call = $110.91 RECREATIONAL (per acre) Bowling Center 41.48 4,600.29 Campground 1.32 145.39 Golf Driving Range .68 75.41 Movie Theater 41.48 4,600.29 Multi-purpose (miniature golf, video arcades, batting cages, etc.) 41.48 4,600.29 Health Club 41.48 4,600.29 Tennis Court .68 75.41 Sports Facility .68 75.41 AUTOMOBILE (per acre) Car Wash 41.48 4,600.29 Gas Station 41.48 4,600.29 Sales (Dealer & Repair) 41.48 4,600.29 Auto Repair Center 41.48 4,600.29 Auto Parts Sales 41.48 4,600.29 Quick Lube 41.48 4,600.29 Tire Store 41.48 4,600.29 CEMETERY (per acre) .68 75.41 EDUCATION PUBLIC OR PRIVATE University -4years (acre) 41.48 4,600.29 Junior College 41.48 4,600.29 High School 41.48 4,600.29 Middle/Junior High 41.48 4,600.29 Elementary 41.48 4,600.29 Day Care Center (per child) 41.48 4,600.29 Library 41.48 4,600.29 LODGING Hotel (w/convention facilities/restaurant) 41.48 4,600.29 Motel 41.48 4,600.29 Resort Hotel 41.48 4,600.29 Bed and Breakfast 41.48 4,600.29 � I I (c) Community Center Fees: A person seeking to construct a residential development project shall pay a community center fee of $36.41 per new resident generated by such development project. The number of new residents is based upon the following schedu�e of estimated persons per dwelling unit. IMPACT FEES PER UNIT OF DEVELOPMENT COMMUNITY CENTER FEES Persons Community Center Land Use Cateaories Per Unit Fees ($) Facility Costs Per Capita = $36.41 AGRICULTURE (per acre) 2.80 101.95 RESIDENTIAL (per dwelling unit) Residential — Estate 2.80 101.95 Rural Residential (average 1-2 DU acre) 2.80 101.95 Single Family Detached (average 3-6 DU/acre)2.80 101.95 Second Residential Unit 2.80 101.95 Multi-family (Condominium) 2.00 72.82 Multi-family (Apartments) 2.00 72.82 Mobile Home (Family) 2.80 101.95 Mobile Home (Adults only) 2.80 101.95 Retirement Community 2.00 72.82 Congregate Care Facility 2.00 72.82 (d) Park Improvement Fees: A person seeking to construct a residential development project shall pay a park improvement fee of $628.34 per new resident generated by such development project. The number of new residents is based upon the following schedule of estimated persons per dweiling unit. , IMPACT FEES PER UNIT OF DEVELOPMENT PARK IMPROVEMENT FEES Persons Park Improvement Land Use Cateaories Per Unit Fees ($1 Costs Per Capita = $628.34 RESIDENTIAL (per dwelling unit) Residentiai — Estate 2.80 1,759.36 Rural Residential (average 1-2 DU acre) 2.80 1,759.36 Singie Family Detached (average 3-6 DU/acre)2.80 1,759.36 Second Residential Unit 2.80 1,759.36 Multi-family (Condominium) 2.00 1,256.69 Multi-family (Apartments) 2.00 1,256.69 Mobile Home (Family) 2.80 1,759.36 Mobile Home (Adults only) 2.80 1,759.36 Retirement Community 2.00 1,256.69 Congregate Care Facility 2.00 1,256.69 (e) Water Facility Fees: A person seeking to construct a residential or non-residential development project shall pay a water facility fee based upon the water meter size installed. The fee amount shall be determined according to the following schedule. IMPACT FEES BASED ON METER SIZE WATER FACILITY FEES Meter Size Water Facilitv Fees ($) 5/8 inch —'/, inch 690.76 1 inch 1,151.26 1'h inch 2,302.50 2 inch 3,684.00 3 inch 6,907.50 4 inch 11,512.51 6 inch 23,035.98 (� Traffic Signalization Fees: A person seeking to construct a residential or non-residential development project shall pay a traffic signalization fee of $488.53 per peak hour trip generated by such development project. To determine peak hour trips generated by a development project, the City Engineer, or his/her designee, will refer first to the schedule of peak hour trips and traffic fees for specific residential and non-residential uses set forth below. If the specific proposed use is not identified on this schedule, the City Engineer, or his/her designee, will refer to the San Diego Association of Governments (SANDAG) most recent "(Not So) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region." If the peak hour data is absent from both of these schedules, the applicant may be required to submit a tra�c study or other factual data which demonstrates the tra�c impacts of the proposed development project, to the satisfaction of the City Engineer. PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Traffic Land Use Cateaories Peak hour trios Sianalization Fees ($1 1 Peak hour trip = $488.53 RESIDENTIAL (per dwelling unit) Rural Residentiai (average 1-2 DU acre) 1.20 586.23 Single Family Detached (average 3-6 DU/acre) 1.00 488.53 Second Residential Unit 1.00 488.53 Multi-family (Condominium) 0.80 390.82 Multi-family (Apartments) 0.54 263.80 Mobile Home (Family) 0.55 268.69 Mobile Home (Adults only) 0.30 146.56 Retirem�nt Communiry 0.28 136.79 Congregate Care Facility 0.16 78.16 GOVERNMENT (per thousand square feet) Civic Center 3.60 1,758.69 Post Office Central/Walk-in only 6.30 3,077.71 Community (not including mail drop lane) 18.00 8,793.46 Community (w/mail drop lane) 30.00 14,655.75 Mail drop lane only 180.00 87,934.50 Department of Motor Vehicles 18.00 8,793.46 OFFICE (per thousand square feet) Standard Commercial Office 2.80 1,367.87 Office Park 1.56 762.10 Singie Tenant Office 2.10 1,025.90 Corporate Headquarters 1.19 581.35 Medical-Dental Office 5.50 2,686.88 PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Traffic Land Use Cateaories Peak hour tri�s Sianalization Fees ($1 1 Peak hour trip = $488.53 INDUSTRIAL (per thousand square feet) Industrial/Business Park 1.92 937.97 Industrial Park (no commercial) 0.84 410.36 Manufacturing/Assembly 0.80 390.82 Warehousing 0.75 366.40 Storage 0.18 87.93 Science Research & Development 1.28 625.31 SHOPPING CENTERS (per thousand square feet) Super Regional (>60 acres) 3.60 1,758.69 Regional (30-60 acres) 4.50 2,198.36 Community (10-30 acres) 7.00 3,419.68 Neighborhood (<10 acres) 12.00 5,862.30 COMMERCIAL SHOPS (per thousand square feet) Specialty Retail/Strip Commercial 3.60 1,758.69 Electronics Superstore 5.00 2,442.63 Factory Outlet 3.60 1,758.69 Supermarket 15.00 7,327.88 Drugstore 9.00 4,396.73 Convenience Market (15-16 hours) 40.00 19,541.00 Convenience Market (24 hours) 63.00 30,777.07 Convenience Market (w/gasoline pumps) 59.50 29,067.24 Discount Club 5.40 2,638.03 Discount Store 4.80 2,344.92 Furniture Store 0.54 263.80 Lumber Store 2.70 1,319.02 Home Improvement Superstore 3.20 1,563.28 Hardware/Paint Store 5.40 2,638.03 Garden Nursery 4.00 1,954.10 RESTAURANTS (per thousand square feet) Fast Food (with drive through) 45.50 22,227.89 Fast Food (without drive through) 49.00 23,937.73 Sit Down, High Tumover 12.80 6,253.12 Sit Down, Low Turnover (quality) 8.00 3,908.20 PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Tra�c Land Use Cateaories Peak hour trios Sianalization Fees ($1 1 Peak hour trip = $488.53 FINANCIAL SERVICES (per thousand square feet) Bank/Savings and Loan (walk-in only) 12.00 5,862.30 Bank/Savings and Loan (with drive-through) 20.00 9,770.50 OTHER LAND USES (per thousand square feet unless otherwise noted) Church (rates x 4 for Sunday or days of Assembly) 0.72 351.74 General Hospital (per bed) 1.70 830.49 Convalescent/Nursing (per bed) 0.21 102.59 Bus depot 25.00 12,213.12 RECREATIONAL (per thousand square feet unless otherwise noted) Bowling Center 3.30 1,612.14 Campground 0.32 156.32 Golf Driving Range 6.30 3,077.71 Movie Theater (per seat) 0.14 68.39 Multi-purpose (miniature golf, video arcades, batting cages, etc.) 5.40 2,638.03 Health Club 270 1,319.02 Tennis Court 1.76 859.81 Sports Facility - outdoor stadium (acre) 50.00 24,426.26 Sports Facility- indoor arena (acre) 30.00 14,655.75 AUTOMOBILE (per thousand square feet unless otherwise noted Car Wash Automatic 81.00 39,570.53 Self-serve 8.00 3,908.20 Gas Station 13.95 6,814.92 With/Food Mart/Car wash (per pump) Sales (Dealer & Repair) 4.00 1,954.10 Auto Repair Center 2.22 1,084.53 Auto Parts Sales 6.00 2,931.15 Quick Lube 4.00 1,954.10 Tire Store 2.75 1,343.45 CEMETERY (acre) 5.00 2,442.63 � PEAK-HOUR-TRIPS AND TRAFFIC SIGNALIZATION FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Traffic Land Use Cateaories Peak hour tri�s Si9nalization Fees ($1 1 Peak hour trip = $488.53 EDUCATION PUBLIC OR PRIVATE (per thousand square feet unless otherwise noted) University -4years (acre) 10.00 4,885.25 Junior College 2.16 1,055.21 � High School 3.12 1,524.20 Middle/Junior High 3.60 1,758.69 Elementary 3.92 1,915.02 Day Care Center (per child) 0.90 439.67 Library 5.00 2,442.63 LODGING (per room) Hotel (w/convention facilities/restaurant) 0.80 390.82 Motel 0.81 395.70 Resort Hotel 0.56 273.58 Bed and Breakfast 0.28 136.79 "Land Use Categories identified in this schedule are primarily based upon °San Diego Traffic Generators". Other sources used include the "institute of Transportation Engineers Trip Generation Manuai". If there is a question about the type of use, the City Engineer wiil refer to this manual for additional clarification. Peak hour trips based on square feet unless otherwise stated. ;; (g) Transportation Facilities Fees: A person seeking to construct a residential or non-residential development project shall pay a transportation facilities fee of$1,333.48 per peak hour trip generated by such development project. To determine peak hour trips generated by a development project, the City Engineer, or his/her designee, will refer first to the schedule of peak hour trips and traffic fees for specific residential and non-residential uses set forth below. If the specific proposed use is not identified on this schedule, the City Engineer, or his/her designee, will refer to the San Diego Association of Governments (SANDAG) most recent "(Not So) Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region." If the peak hour data is absent from both of these schedules, the applicant may be required to submit a traffic study or other factual data which demonstrates the traffic impacts of the proposed development project, to the satisfaction of the City Engineer. PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Transportation Land Use Cateaories Peak hour t�i�s Facilities Fees ($1 1 Peak hour trip = $1,333.48 RESIDENTIAL (per dwelling unit) Rural Residential (average 1-2 DU acre) 1.20 1,600.19 Single Family Detached (average 3-6 DU/acre) 1.00 1,333.48 Second Residential Unit 1.00 1,333.48 Multi-family (Condominium) 0.80 1,066.79 Multi-family (Apartments) 0.54 720.08 Mobile Home (Family) 0.55 733.42 Mobile Home (Adults only) 0.30 400.05 Retirement Community 0.28 373.38 Congregate Care Facility 0.16 213.36 GOVERNMENT (per thousand square feet) Civic Center 3.60 4,800.56 Post Office CentrallVUalk-in only 6.30 8,400.98 Community (not including mail drop lane) 18.00 24,002.79 Community (w/mail drop lane) 30.00 40,004.65 Mail drop lane only 180.00 240,027.88 Department of Motor Vehicles 18.00 24,002.79 OFFICE (per thousand square feet) Standard Commercial Office 2.80 3,733.77 Office Park 1.56 2,080.24 I, PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Transportation Land Use Cateqories Peak hour trios Facilities Fees fS1 1 Peak hour trip = $1,333.48 Single Tenant Office 2.10 2,800.33 Corporate Headquarters 1.19 1,586.85 Medical-Dental O�ce 5.50 7,334.18 INDUSTRIAL (per thousand square feet) Industrial/Business Park 1.92 2,560.29 Industrial Park (no commercial) 0.84 1,120.13 Manufacturing/Assembly 0.80 1,066.7g Warehousing 0.75 1,000.12 Storage 0.18 240.02 Science Research & Development 1.28 1,706.87 SHOPPING CENTERS (per thousand square feet) Super Regional (>60 acres) 3.60 4,800.56 Regional (30�0 acres) 4.50 6,000.70 Community (10-30 acres) 7.00 9,334.42 Neighborhood (<10 acres) 12.00 16,001.86 COMMERCIAL SHOPS (per thousand square feet) Specialty Retail/Strip Commercial 3.60 4,800.56 Electronics Superstore 5.00 6,667.44 Factory Outlet 3.60 4,800.56 Supermarket 15.00 20,002.32 Drugstore 9.00 12,001.40 Convenience Market (15-16 hours) 40.00 53,339.53 Convenience Market (24 hours) 63.00 84,009.75 Convenience Market (w/gasoline pumps) 59.50 79,342.55 Discount Club 5.40 7,200.83 Discount Store 4.80 6,400.74 . Furniture Store 0.54 720.08 Lumber Store 2.70 3,600.42 Home Improvement Superstore 3.20 4,267.16 Hardware/Paint Store 5.40 7,200.83 Garden Nursery 4.00 5,333.96 PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Transportation Land Use Cate4ories Peak hour trios Facilities Fees ($) 1 Peak hour trip = $1,333.48 RESTAURANTS (per thousand square feet) Fast Food (with drive through) 45.50 60,673.71 Fast Food (without drive through) 49.00 65,340.92 Sit Down, High Tumover 12.80 17,068.65 Sit Down, Low Turnover (quality) 8.00 10,667.90 FINANCIAL SERVICES (per thousand square feet) Bank/Savings and Loan (walk-in only) 12.00 16,001.86 Bank/Savings and Loan (with drive-through) 20.00 26,669.76 OTHER LAND USES (per thousand square feet unless otherwise noted) Church (rates x 4 for Sunday or days of Assembly) 0.72 960.11 General Hospital (per bed) 1.70 2,266.93 ConvalescenUNursing (per bed) 0.21 280.03 Bus depot 25.00 33,337.20 RECREATIONAL (per thousand square feet unless otherwise noted) Bowling Center 3.30 4,400.51 Campground 0.32 426.72 Golf Driving Range 6.30 8,400.98 Movie Theater(per seat) 0.14 186.69 Multi-purpose (miniature golf, video arcades, batting cages, etc.) 5.40 7,200.83 Health Club 2.70 3,600.42 Tennis Court 1.76 2,346.94 Sports Facility - outdoor stadium (acre) 50.00 66,674.41 Sports Facility- indoor arena (acre) 30.00 40,004.65 AUTOMOBILE (per thousand square feet unless otherwise noted Car Wash Automatic 81.00 108,012.55 Self-serve 8.00 10,667.90 Gas Station 13.95 18,602.16 With/Food Mart/Car wash (per pump) Sales (Dealer& Repair) 4.00 5,333.96 Auto Repair Center 2.22 2,960.35 Auto Parts Sales Quick Lube 4.00 5,333.96 ; Tire Store 2.75 3,667.10 ? �� PEAK-HOUR-TRIPS AND TRANSPORTATION FACILITIES FEES FOR SPECIFIC RESIDENTIAL AND NON-RESIDENTIAL USES Highest AM or PM Transportation Land Use Cateaories Peak hour trios Facilities Fees ($) 1 Peak hour trip = $1,333.48 CEMETERY (acre) 5.00 6,667.44 EDUCATION PUBLIC OR PRIVATE (per thousand square feet unless otherwise noted) University -4years (acre) 10.00 13,334.88 Junior College 2.16 2,880.34 High School 3.12 4,160.48 Middle/Junior High 3.60 4,800.56 Elementary 3.92 5,227.27 Day Care Center (per child) 0.90 1,200.14 Library 5.00 6,667.44 LODGING (per room) Hotel (w/convention facilities/restaurant) 0.80 1,066J9 Motel 0.81 1,080.13 Resort Hotel 0.56 746.75 Bed and Breakfast 0.28 373.38 "Land Use Categories identified in this schedule are primarily based upon "San Diego Traffic Generators". Other sources used include the "Institute of Transportation Engineers Trip Generation Manual". If there is a question about the type of use, the City Engineer will refer to this manual for additional clarification. Peak hour trips based on square feet unless othervvise stated. °�� I i 8.d. MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JANUARY 14, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Parks, Recreation, and Facilities Hernandez; Director of Financial Services Snodgrass, and Director of Community Development Strong. 3. FLAG SALUTE Members of Girl Scout Troop 723 led the Flag Salute. 4. INVOCATION Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Mayor Pro Tem Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS Connie Dunbar, Arroyo Grande, stated she had been studying nuclear waste issues, expressed concerns, and urged the Council to study the issue and make a concerted effort to think of other energy sources. Ed Cardoza, Arroyo Grande, spoke and submitted a letter regarding the condition of Branch Mill Road. He referred to correspondence he had sent to the City last year and requested again that Branch Mill Road be fixed and made safe for the residents. I CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 2 Mayor Ferrara requested that staff follow up with a response to Mr. Cardoza on the status of the Branch Mill Road project. William Beeman, Arroyo Grande, spoke about the time and effort it took to update the City's General Plan. He stated that during that time, a majority of the people favored the preservation of the farmlands. He referred to a land use change that was made for one small parcel from agricul4ure to rural residential and stated that the ramifications of that change could affect all the small parcels of farmland within the community. 8. CONSENT AGENOA Council Member Lubin requested Items 8.d. and Item 8.1. be pulled. City Attorney Carmel announced he would not be able to participate in Item 8.m. due to a conflict of interest as the Hearst Corporation is a source of income to the law firm of Lyon and CarmeL Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.d. and 8.1., with the recommended courses of action: S.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period December 1, 2002 through December 31, 2002. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of December 31, 2002. 8.c. Consideration of Cash Flow AnalysislApprovai of Interfund Advance from the Water Facility Fund. Action: Received and filed November 2002 Cash Report and approved the interfund advance from the Water Facility Fund to cover cash deficit in other funds as of November 30, 2002. 8.e. Consideration of Report on Project Development (A61600) Fees. Action: Accepted and filed the report on the receipt and use of A61600 fees during the fiscal year ending June 30, 2002. 8.f. Consideration of In-Lieu Fee for Off-street Parking Adjustment. Action: Adopted Resolution No. 3640 approving an adjustment to the in-lieu fees for off-street parking in the Parking and Business Improvement area of the Village. 8.g. Consideration of Approval of Minutes. Action: Approved minutes of the regular City Council Meeting of December 10, 2002, as submitted. CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 3 8.h. Consideration of Award of Bid —Tractor. Action: Awarded bid to Berchtold Equipment Company in the amount of $17,159.99. 8.i. Consideration of City Council Appointment to South San Luis Obispo County Sanitation District. Action: Appointed Mayor Ferrara as the primary representative to the South San Luis Obispo County Sanitation District Board of Directors (SSLOCSD) and Mayor Pro Tem Dickens as the alternate. 8.j. Consideration of Resolution Approving a Side Letter of Agreement with Service Employees International Union (SEIU) Local 620 Covering Permanent Full-Time Fire Captain and Fire Engineer Personnei Pay Practices. Action: Adopted Resolution No. 3641 approving the Side Letter of Agreement amending the existing Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU) Local 620 to cover permanent full-time Fire Captain and Fire Engineer personnel pay practices. 8.k. Consideration of Acceptance of a Fire Hydrant and Drainage Easements for Tract 1390 at the Grace Bible Church on Rodeo Drive. Action: Accepted the fire hydrant and drainage easements for Tract 1390 at Grace Bible Church. 8.m. Consideration of Resolution Endorsing the Conservation Framework of the American Land Conservancy and Hearst Corporation. Action: Adopted Resolution No. 3642 endorsing the conservation framework of the American Land Conservancy and Hearst Corporation. 8.n. Consideration of Authorization to Solicit Bids for the Purchase of an Asphalt Cold Planer. Action: Authorized staff to solicit bids for the purchase of an asphalt cold planer. On the following roll-call vote, to wit: Council AYES: Runels, Costello, Dickens, Lubin, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. RDA AYES: Runels, Costello, Dickens, Lubin, Ferrara NOES: None ABSENT: None CITY COUNCIL MINUTES I JANUARY 14, 2003 PAGE 4 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 8.d. Consideration of Acceptance of Audited Annual Financial Reports. [COUNCIL/RDA] Recommended Action: Receive and file the respective Audited Annual Financial Reports for the Fiscal Year Ended June 30, 2002. Council Member Lubin congratulated Financial Services Director Snodgrass and the City for an outstanding annual audit. He acknowledged that a management report had not been supplied with the audit as there were no issues to be discussed. Council Member Lubin moved, and Mayor Pro Tem Dickens seconded the motion to approve Consent Agenda Item 8.d., with the recommended course of action, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin declared a potential conflict of interest on Item 8.1. due to real property ownership near the project. 8.1. Consideration of Progress Payment No. 5 for the Rancho Grande Park Project, PW 2002-03. Recommended Action: Authorize Progress Payment No. 5 in the amount of $24,403.43 to Herrera Engineering, Inc. for the Rancho Grande Park project. Council Member Costello moved, and Mayor Pro Tem Dickens seconded the motion to approve Item 8.1., with the recommended course of action, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Runels, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARING: None. CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 5 10. CONTINUED BUSINESS 10.a. Consideration 'of an Ordinance Amending Municipal Code Chapter 13.24. Director of Public Works Spagnolo presented the staff report. He explained that after the December 10, 2002 City Council meeting at which the ordinance was first introduced, the City had received comments from the Coastal San Luis Resource Conservation District. He stated that staff had reviewed the information, which proposed addressing the adverse impacts of erosion, and incorporated the applicable comments into a revised ordinance. He recommended the Council introduce the revised ordinance amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control". Mayor Ferrara opened the item for public comments, and upon hearing none, brought the item back to Council for consideration. Following Council questions and comments, Council Member Costello moved to introduce an ordinance amending Arroyo Grande Municipal Code Chapter 13.24 - "Excavation, Grading, Erosion and Sediment Control". Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10.b. Consideration of Adoption of Ordinance Suspending Development Applications for Development of Prime Farmland Soils. Community Development Director Strong presented the staff report and recommended the Council adopt an Ordinance introduced on December 10, 2002 to temporarily suspend processing of development applications involving conversion of prime farmland soils for a 180 day period during which time staff will prepare special planning and impact studies. Mayor Ferrara opened the item for public comment. The following members of the public spoke on the item: Pat Vandeveer, Arroyo Grande, spoke in opposition to the proposed ordinance if it meant that no more homes were going to be built in the Village area. i CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 6 Wayne King, representing Bruce Vanderveen, commented on the City's sales and property tax revenue, stated that property taxes on farmland have not escalated since 1975, commented on the negative affect of buffers on a five-acre parcel on Branch Mill Road, and stated that the soil on that property is not prime farmland as defined by the CASP report. Tim Brown, Arroyo Grande, commented on the issue of tax revenue generation from residential property, as well as to the issue regarding buffer zones, and stated that the definition of prime farmland is clearly defined in the CASP report. Karen Cross-Harmon, Arroyo Grande, passed out a notice to Council regarding an invitation to a PTA meeting to be held at Harloe Elementary School on January 15`n to discuss the possible sale of the Harloe school site. She suggested that the moratorium should spread farther than prime soils and that a school site needed to be located, and the City should not allow any more dwelling units until more schools are built. Jerry Bunin, representing the Home Builders Association, suggested that in the ensuing study that the City address the key issues facing the County. He stated that the real crisis is that not enough affordable homes are being built. He questioned whether a moratorium and the preservation of urban farmland is the way to protect farmland. He suggested using open space within the urban reserve line, within the City limits, for housing. John Silva, Arroyo Grande, spoke about farmland and stated that 1.5 million acres of farmland are being lost per year. Ed Dorfman, Arroyo Grande, inquired as to what would be studied over the next six months that hadn't been studied over the last four years. Dave and Karen Ritchie, Arroyo Grande, submitted an opposition letter for the record. Hearing no further public comments, Mayor Ferrara closed the public comment period and brought the item back to Council for consideration. Council Member Costello referred to the introduction of the General Plan document where he found a number of places that the issue of prime agricultural land is discussed and mentioned. He referred to page 5, Visions Workshop, where it states that the participants at the workshop were in general agreement regarding preservation of agricultural lands; referred to page 6, Alternatives Workshop, where it states that there is substantial public concurrence for the preservation of existing agricultural lands and alternatives that suggested conversion had very little support; � CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 7 referred to page 6, General Plan Update Citizens Survev, where it states that about 1,020 surveys were completed and returned with results that reiterated the community's desire to preserve agricultural uses; referred to page 12, Citizen's Conservation Ethics, where it states that given the fertility of its soils and historical association with agricultural activities in the Central Coast area, a responsibility for protection of its remaining prime agricultural land and the community's agrarian character, is important. He stated that these different factors underscore his belief that the majority of the people in this community want to preserve agricultural land. He referred to Policy AG1 in the Agriculture, Conservation and Open Space Element which was changed prior to adoption of this General Plan Element. He supported the adoption of the ordinance which places a moratorium on the acceptance of land use applications which seek to develop parcels containing prime farmland soils in order to study the current and immediate threat of such developments to the public heath, safety, and welfare, for a period of 180 days. Mayor Pro Tem Dickens responded to public comments and then suggested that areas of study over the next 180 days include an approach for rating the relative quality in land resources based upon specific measurable features; a methodology to ensure that significant defects on the environment of agricultural conversions are quantitatively and consistently considered; and a means of weighing specific factors and scoring thresholds for making determinations of significance under the CEQA process. He supported the proposed ordinance. Council Member Runels stated this was a broad subject and there was a difference of opinion among various experts and people who work the land on what prime land is. He spoke of requiring certain soil types for certain crops, water availability issues, property owner rights, and economic viability. He spoke of the developments outside of the city limits which have helped to pay for the water and sewer services and the infrastructure. He stated that each parcel of land needed to be judged on its own merits. He did not support the proposed ordinance. Council Member Lubin commented that he did not think there was anyone in Arroyo Grande who was not prepared to protect prime agricultural land, including himself. He stated he felt that this ordinance was not being placed to protect prime agricultural land throughout the City, but was focused on one project in the City. He stated that the General Plan, as approved, protects prime agricultural land throughout the City and the moratorium would not be necessary. He referred to the recent State housing mandate which would require the City to provide about 1,200 more homes. He acknowledged that two large senior housing projects had been approved, but that there should be an awareness of the need for affordable housing for the City's workforce. He expressed concern about the lack of empty lots where affordable homes could be built. He stated that he felt this was an attempt for no growth. � CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 8 Council Member Lubin addressed the property tax issue and commented that properties under the Williamson Act pay a lesser amount of property tax. He added that under the preliminary State budget there is a proposal to eliminate the payment of the supplemental funds to the County, which would ultimately impact the City's property tax revenue. However, he said he would support any farmer who wanted to include their property in a Williamson Act contract. He said he would not support any non-associated individuals telling what should or should not be done with land that they do not own. He did not support the proposed ordinance. Mayor Ferrara acknowledged and explained why he brought this issue forward. He acknowledged past actions and stated that his concern was for the future. He said land use and planning is crucial for the future. He suggested focus and emphasis for the study should be to provide for equitable alternatives to conversion of prime farmland soils using resources such as the Williamson Act and conservation districts; a reconciliation between smart growth principles and how they relate to the agriculture and urban interface; and suggested obtaining published documents available from the League of California Cities regarding how to responsibly go about the process of preserving agriculture. He commented that prime agriculture parcels should not be considered on a case-by-case basis and that it should be decided responsibly from a land use position what parts of the City are going to be urbanized and what parts of the City are going to be preserved. He concluded by referring to the 2001 General Plan Update process and said it was important to seek out documentation and understand at what point the Agriculture Element wording and zoning changed in certain areas. He said it happened at the end of the process, right before the General Plan was adopted. He stated that these issues were brought forward without supporting studies and there was no focus on the impact of the conversion of agricultural parcels. He supported adoption of the proposed ordinance to enable time to study and consider this important issue. Following Council comments, Mayor Pro Tem Dickens moved to adopt an Ordinance suspending development applications for development of any prime farmiand soils. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS � CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 9 11.a. Review of Policy/Procedure for Conducting City Council Business. City Manager Adams presented the staff report and recommended the Council provide direction to staff regarding any desired changes or clarifications to agenda and/or meeting policies and procedures. City Manager Adams referred to supplemental information submitted by Mayor Ferrara regarding proposed changes in the language for the agenda regarding citizen input, comments, and suggestions. Mayor Ferrara reviewed suggested amendments and additions to the Policy/Procedure for Conducting City Council Business and requested feedback from the Council Members. Mayor Ferrara opened the item for public comment. The following members of the public spoke on the item: Otis Page, Arroyo Grande . Jim Guthrie, Arroyo Grande Ed DorFinan, Arroyo Grande Wayne King, Pismo Beach Bill McCann, Arroyo Grande Hearing no further public comments, Mayor Ferrara brought the item back to Council for discussion and consideration. Following Council comments and discussion, the Council directed staff to make amendments and additions to the Policy/Procedure for Conducting City Council Business as follows: • Add a second public comment period at the end of the City Council meeting agenda. • Incorporate the amendments and procedures proposed by Mayor Ferrara to the language on the agenda regarding the public comment period (Item 7. will now be titled "Community Comments and Suggestions".) • Incorporate into the Policy/Procedure for Conducting City Council Business the procedure for City Council members to request that items be placed on the agenda under "City Council Member Items". • Add policy language (Attachment B in the staff report) to the Policy/Procedure for Conducting City Council Business related to addressing the City Council and handling disturbances following review of the provisions with the Chief of Police and the City Attorney. • Direct staff to review provisions regarding substitute motions to verify that ; ttem I. in the Policy is consistent with Sturgis Parliamentary Procedures. i i 3 CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 10 • Direct staff to review the appeal provisions in the Development Code, specifically those relating to determinations of the Community Development Director, as part of the ongoing Municipal Code update. 12. CITY COUNCIL MEMBER ITEMS a) Consideration of submittal of a formal City position to the State Historical Resources Commission supporting the nomination of the Loomis Complex to the California Register of Historical Resources and consideration of designation of the Loomis Complex as a local historical landmark. (FERRARA) Mayor Ferrara requested, and the City Council concurred, that an item be added to the January 28, 2003 City Council agenda regarding submittal of a formal position to the State Historical Resources Commission supporting the nomination of the Loomis Complex to the California Register of Historical Resources and consideration of designation of the Loomis Complex as a local historical tandmark. b) Information regarding discussion with Village Improvement Association on Small Business Development Center program. (FERRARA) Mayor Ferrara reported that he and City staff had met with the Village Improvement Association regarding a mutual effort to work with the Small Business Development Center to develop a comprehensive program to assist small businesses utilizing the Center's Community Development Block Grant funds. He explained that the program would initially focus on businesses in the Village. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Runels requested that an item regarding State water issues be placed on the January 28, 2003 City Council agenda under City Council Member Items. Mayor Pro Tem Dickens requested that staff set up meetings with the State and Federal representatives in order to voice local concerns. 15. STAFF COMMUNICATIONS City Manager Adams gave an update of the proposed State budget and its estimated ;3 impact on the City. Mayor Pro Tem Dickens requested that a press release on the ;;� matter be issued to inform the community. i� , .� i� CITY COUNCIL MINUTES JANUARY 14, 2003 PAGE 11 16. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:05 p.m. Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk F €� Y i r, i 8.e. � pRROY� � C? � MlCOflPORATE 92 MEMORANDU M u ° # dutr ,o. �on * c4��FORN�P . TO: CITY COUNCIL FROM: RICK TerBORCH, CHIEF OF POLIC SUBJECT: DISPOSAL OF SURPLUS BICYCLES DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council adopt a resolution declaring the listed bicycles as surplus for donation to the San Luis Obispo County Sheriff's Office to be refurbished and donated to needy children. FUNDING: There are no costs to the City associated with this proposal. In that it has been the City Council's past policy to donate the bicycles to the Sheriff's Office,the City does not budget any revenues to be derived from a bicycle auction. DISCUSSION: As has been done in past years, the Police Department is requesting that all unclaimed bicycles that have been in the DepartmenYs custody in excess of 90 days be declared surplus. These bicycles have been turned in over the past year as found or were reported stolen and recovered by the Police Department. Attempts to locate owners and/or return the bicycles to their owners have been made, but the bicycles remain unclaimed. Due to limited storage space for bicycles, it is necessary to dispose of those bicycles held in excess of 90 days. Upon being declared surplus, the bicycles will be donated to the Sheriff's Department. There the bicycles will be renovated by prisoners at the County Sheriff's Honor Farm and subsequently donated to needy children during the Holiday Season. In past years, some of these donated bicycles have been returned to the Police Department to be given as gifts to needy children during the "Santa Cop" Program. The surplus bicycles are: CASE # MANUFACTURER SERIAL# COLOR 0200648 HUFFY K66929230332117288 PLE 0200346 FREE SPIRIT 616488115 WHITE 0200026 BMX YC99017452 SILVER CITY COUNCIL DISPOSAL OF SURPLUS BICYCLES JANUARY 28, 2003 PAGE 2 CASE # MANUFACTURER SERIAL # COLOR 0200026 HUFFY 6601A0019858 SILVER 0200648 HUFFY K66929230332117288 PLE 0200946 HUFFY BO00039941 RED 0201325 ROADMASTER K2CY003224 PLE 0200802 MAGNA 99TD797840 PLE 0200779 TARPON CCOD4987 BLACK 0200604 PACIFIC C59A0232 RED 0201092 MURRAY 3-949X1272893 BLACK 0200475 PACIFIC AX0131 BLUE 0201338 SCHWINN 58J BLACK 0201011 NISHIKI NONE BLK/WHITE 0201076 SCHWINN G0928452 BLUE 0200793 MONGOOSE 9919102039 SILVER 0201371 HARO NONE RED 0200346 FREE SPIRIT 616488115 WHITE 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; or - Provide direction to staff. i RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING SURPLUS PROPERTYTO BE DONATED TO THE SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT PROGRAM TO REFURBISH BICYCLES FOR NEEDY CHILDREN WHEREAS, the City of Arroyo Grande has certain bicycles that have been turned in to the Police Department as found items, or for other reasons, and not claimed by the owners; and WHEREAS,the San Luis Obispo County Sheriff's Department is conducting a program to rehabilitate bicycles and donate them to needy children; and WHEREAS, in past years, some of these donated bicycles have been returned to the Arroyo Grande Police Department to be given as gifts to needy children during the"Santa Cop" Program. NOW,THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does declare as surplus the property listed in Exhibit"A"attached hereto and incorporated herein; and BE IT FURTHER RESOLVED that the bicycles declared herein as surplus be donated to the San Luis Obispo County Sheriff's Department for rehabilitation and distribution to needy children. 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 , 2003. � RESOLUTION NO. PAGE 2 TONY M. FERRARA, 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 EXHIBIT "A" The following listed bicycles have been held for 90 days or longer with no owners located. It is requested that these case numbers be declared as surplus, to be turned over to the Sheriff s Department to be refurbished for needy children: CASE # MANUFACTURER SERIAL# COLOR 0200648 HUFFY K66929230332117288 PLE 0200346 FREE SPIRIT 616488115 WHITE 0200026 BMX YC99017452 SILVER 0200026 HUFFY BB01A0019858 SILVER 0200648 HUFFY K66929230332117288 PLE 0200946 HUFFY BO00039941 RED 0201325 ROADMASTER K2CY003224 PLE 0200802 MAGNA 99TD797840 PLE 0200779 TARPON CCOD4987 BLACK 0200604 PACIFIC C59A0232 RED 0201092 MURRAY 3-949X1272893 BLACK 0200475 PACIFIC AX0131 BLUE 0201338 SCHWINN 58J BLACK . 0201011 NISHIKI NONE BLK/WHITE 0201076 SCHWINN G0928452 BLUE 0200793 MONGOOSE 9919102039 SILVER 0201371 HARO NONE RED 0200346 FREE SPIRIT 616488115 WHITE r: ; � pRROYp 8■f■ � c� h NlCONPONATE YL f.) f�r� a ,�xr �o. �o�+ * MEMORANDUM c4�/FORN�P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER�� SUBJECT: CONSIDERATION OF MODIFICATIONS TO THE POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving the revised Policy/Procedure for Conducting City Council Business with the modifications directed by the City Council at the January 14, 2003 meeting. FUNDING: There is no anticipated fiscal impact to the City projected as a result of the proposed action. DISCUSSION: The existing Policy/Procedure for Conducting City Council Business was adopted by the City Council by resolution in August 1999. At the January 14, 2003 City Council meeting, staff was directed to make modifications to the policy. The modifications include changes regarding time limits for public comment under the section covering "Addressing the City Council", inclusion of a procedure for handling disruptive persons at a council meeting, and provisions regarding requests for items to be placed on the agenda. The proposed policy/procedure is attached with the requested changes, along with a resolution adopting the revised policy/procedure. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt resolution, approving the revised Policy/Procedure for Conducting City Council Business; - Make additional changes to the po�icy/procedure and adopt the resolution; - Do not adopt the resolution; - Provide direction to staff. Attachments: 1. Draft Policy/Procsdure for Conducting City Council Business ATTACHMENTI POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS The following guidelines are to assist the City Council in the conduct of City business and are procedural only. Failure to strictly observe such procedures shall not affect the jurisdiction of the Council nor invalidate any action taken at a meeting that is otherwise held in conformance with the law. Except as otherwise provided for in this Policy, any special rule adopted by the City Council, or as otherwise provided by state statute, the procedures of the City Council meetings shall be governed by the latest revised edition of "Sturgis Standard Code of Parliamentary Procedure'; as modified by Council practices. The City Attorney is designated as the parliamentarian for City Council meetings. The City Manager shall preside as the parliamentarian in the Ciry Attorney's absence. 1. MEETINGS a. The City Council shall meet in regular session on the second and fourth Tuesday of each month. b. Business at regular sessions shall be conducted from 7:00 PM to 12 Midnight only, unless extended by unanimous consent of the City Council Members present. c. Speciai adjourned meetings and study sessions of the City Council may be called by a majority vote of the City Council. d. The order of business for the City Council shall be as arranged by the City Manager, except for matters set at a specific time by the Council. 2. ADDRESSING THE CITY COUNCIL a. Each person desiring to address the Council shail proceed to the speaker's stand upon recognition from the Mayor. The speaker shall state for the record his/her name and address. Unless further time is granted by the Mayor, (unless overruled by a majority vote of the Council , the s eaker shall limit his/her remarks to three (3) minutes � . All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any Member individually. No questions shall be asked of a Council Member or member of City staff without the permission of the Mayor. b. In order to avoid repetitious presentations and delay in the business of the Council, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request a s okes erson be chosen b the rou to re resent its osition. Policy/ Procedure For Conducting City Council Business Page 2 c. After a motion has been made and seconded, or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Mayor or a majority vote of the Council. 4. PROCEDURES a. Council ordinances and resolutions must be reviewed in written form before binding action is taken on same. f I Policy/ Procedure For Conducting City Council Business Page 3 b. A Council order applies mainly as a directive to City officers or employees. It need not be in writing, as it generally applies to one specific act only. c. In the absence or inability of the Mayor and the Mayor Pro Tem to attend a meeting of the City Council, the Members present shall select one Member to temporarily preside. d. A motion shall not be debated or "put to vote", unless the same is seconded. When a motion is seconded, if requested, it shall be stated by the Mayor or the Director of Administrative Services/Deputy City Clerk before debate. e. Upon a motion having been made and seconded, it shall be deemed to be in possession of the Council, but it may be withdrawn at any time, before decision or amendment, with the assent of a second. f. A Member called to order should relinquish the floor, unless permitted to explain; and the Council, if appealed to, shall decide on the case, but without debate. If there is no appeal, the decision of the Mayor shall be final. g. Upon demand of any Council Member, or at the discretion of the Mayor, the vote shall be by roll call, expect that the vote on all ordinances or resolutions shall be by roll call vote. h. Tie votes shall be tost motions. i. Tie votes on the appeai of a Commission/Board/Committee or staff decision sustain the action of the Commission/Board/Committee, or staff. j. Every Council Member, unless disqualified by reason of a conflict of interest or as otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. k. Any Council Member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. I. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. m. in order to avoid any attack on the validity of Council hearings, Council a Members shall avoid forming final conclusions or making commitments with proponents and opponents during any meetings, conferences, or discussions regarding the merits of the matter or issue before the body, including but not limited to, specific zoning and related land-use proposals, comprehensive planning, and like matters. , ' Policy/ Procedure For Conducting City Council Business Page 4 n. A motion to reconsider a legislative or quasi-legislative action taken by the Council may be made only at the same meeting at which the action was taken. Quasi-judicial actions shall not be subject to a motion to reconsider. 5. COMMITTEES a. The Council shall appoint committees as deemed necessary for the proper conduct of City business. b. No committee shall include in its membership more than two (2) Council Members. c. The City Manager, or his/her designee, shall be an ex-officio member of all committees. 6. AGENDAS a. Agendas for the Council will be prepared by the City Manager. b. Agendas shall be posted on a bulletin board, publicly accessible, in City Hall and/or the Council Chamber. i E � i I i --- -- _ I Policy/ Procedure For Conducting City Council Business Page 5 8. MISCELLANEOUS a. Items referred to departments for action by the City Council shall be routed through the City Manager's Office. b. The City Council shall occasionaily review this Policy/Procedure. c. Amendments to this Policy/Procedure shall be by majority vote of the Council. � � i I' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS WHEREAS, the City Council of the City of Arroyo Grande does desire to amend the Policy/Procedure For Conducting City Council Business. NOW, THEREFORE, THE CITY COUNCiL OF THE CITY OF ARRpYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: 1. The Policy/Procedure For Conducting City Council Business ("Policy/Procedure"), adopted by Resolution No. 3264 on December 9, 1997, and amended by Resolution No. 3391 adopted on August 24, 1999, is hereby amended as set forth in Exhibit A attached hereto and incorporated herein by this reference. 2. TFie City Manager is hereby authorized and directed to post copies of said Policy/Procedure in suitable places for the guidance of the public. 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 January, 2003. � �E �� `''s i ; � RESOLUTION NO. PAGE 2 TONY M. FERRARA, 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 r� ;� a �� .�__.�... � EXHIBIT A POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS The following guidelines are to assist the City Council in the conduct of City business and are procedural only. Failure to strictly observe such procedures shall not affect the jurisdiction of the Council nor invalidate any action taken at a meeting that is othervvise held in conformance with the law. Except as otherwise provided for in this Policy, any special rule adopted by the City Council, or as otherwise provided by state statute, the procedures of the City Council meetings shall be govemed by the latest revised edition of "Sturgis Standard Code of Parliamentary Procedure° as modified by Coun.cil practices. The City Attomey is designated as the parliamentarian for City Council meetings. The City Manager shall preside as the parliamentarian in the City Attomey's absence. 1. MEETINGS a. The City Council shall meet in regular session on the second and fourth Tuesday of each month. b. Business at regular sessions shall be conducted from 7:00 PM to 12 Midnight only, unless extended by unanimous consent of the City Council Members present. c. Special adjourned meetings and study sessions of the City Council may be called by a majority vote of the City Council. d. The order of business for the City Council shall be as arranged by the City Manager, except for matters set at a specific time by the Council. 2. ADDRESSING THE CITY COUNCIL a. Each person desiring to address the Council shall proceed to the speaker's stand upon recognition from the Mayor. The speaker shall state for the record his/her name and address. Unless further time is granted by the Mayor, (unless overruled by a majority vote of the Council), the speaker shall limit his/her remarks to three (3) minutes unless special circumstances exist. All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any Member individually. No questions shall be asked of a Council Member or member of City staff without the permission of the Mayor. b. In order to avoid repetitious presentations and delay in the business of the �y Council, whenever any group of persons wishes to address the Councii on �� the same subject matter, it shall be proper for the Mayor to request a !; spokesperson be chosen by the group to represent its position. The Mayor may, in his discretion, grant additional time for a speaker that has `a been recognized or designated by a group to present comments on their behalf. iPolicy/ Procedure For Conducting City Council Business Page 2 c. After a motion has been made and seconded, or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Mayor or a majority vote of the Council. 3. DISTURBANCE OF CITY COUNCIL MEETINGS ' The following procedure and format wili be used by the City Council to address and/or exclude disruptive persons from a Council Meeting: a. The Presiding Officer shall make the following announcement: As the Presiding Officer and the person in charge of this meeting, I am advising you that the rules of procedure of the City Couneil provides that "no person will be permitted to make slanderous, profane, or personal remarks against any individual. Also, as Mayor and the person in charge of this meeting, I am advising you that the penal Code provides that every person who, without authority of law, willfully disturbs or breaks up any meeting, not unlawfui in its character, is guilty of a misdemeanor. Your act of making personal remarks against individuals is causing a serious disruption of this meeting and I must ask you to immediately cease this disturbance. If you disturb this meeting any further, F will ask for your arrest under Penal Code Section —403. At this time, I am going to recess this meeting for 15 minutes. At that time we will reconvene our meeting. b. Recess and call for police to be present when meeting reconvenes. c. If the disturbance continues after reconvening the meeting, the Presiding Officer shall make the following announcement: As Presiding Officer and the person in charge of this meeting, I am again advising you that the Penal Code provides that every person who, without authority of law, willfully disturbs or breaks up any meeting, not uniawful in its character, is guilty of a misdemeanor. Your act of making personal remarks against individuals is causing a serious disruption of this meeting. If you do not immediately cease this disturbance, I wiil request the police � to arrest you under Penal Code Section 403. f� d. If the disturbance continues, request the police to come forward to make '; the arrest. (Govemment Code Section 54957.9) 4. PROCEDURES a. Council ordinances and resolutions must be reviewed in written form before binding action is taken on same. -__.-_r.._�, � Policy/ Procedure For Conducting City Council Business Page 3 b. A Council order applies mainly as a directive to City officers or employees. It need not be in writing, as it generally applies to one specific act only. c. In the absence or inability of the Mayor and the Mayor Pro Tem to attend a ' meeting of the City Council, the Members present shall select one Member to temporarily preside. d. A motion shall not be debated or "put to vote", unless the same is seconded. When a motion is seconded, if requested, it shall be stated by the Mayor or the Director of Administrative Services/Deputy Ciry Clerk before debate. e. Upon a motion having been made and seconded, it shall be deemed to be in possession of the Council, but it may be withdrawn at any time, before decision or amendment, with the assent of a second. f. A Member called to order should relinquish the floor, unless permitted to explain; and the Council, if appealed to, shall decide on the case, but wi#hout debate. If there is no appeal, the decision of the Mayor shall be final. g. Upon demand of any Council Member, or at the discretion of the Mayor, the vote shall be by roll call, expect that the vote on all ordinances or resolutions shall be by roll call vote. h. Tie votes shall be lost motions. i. Tie votes on the appeal of a Commission/Board/Committee or staff decision sustain the action of the Commission/Board/Committee, or staff. j. Every Council Member, unless disqualified by reason of a conflict of interest or as othervvise provided by law, shall cast his/her vote upon any matter put to vote by the legisiative body. b � „ k. Any Council Member who abstains from voting without a valid reason shall ' be deemed to have voted with the majority on that particular issue. '' I. A Council Member who publicly announces that he/she is abstaining from voting on'a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. m. In order to avoid any attack on the validity of Council hearings, Council Members shall avoid forming final conclusions or making commitments with proponents and opponents during any meetings, conferences, or discussi ons re ardin th e merits of th e matter r ' 9 o issue 9 befor t e he bod Y � including but not limited to, specific zoning and related land-use proposais, comprehensive planning, and like matters. Policy/ Procedure For Conducting City Council Business Page 4 . n. A motion to reconsider a legislative or quasi-legislative action taken by the Council may be made only at the� same meeting at which the action was taken. Quasi-judicial actions shall not be subject to a motion to reconsider. 5. COMMITTEES a. The Council shall appoint committees as deemed necessary for the proper conduct of City business. b. No committee shall include in its membership more than two (2) Council Members. c. The City Manager, or his/her designee, shall be an ex-officio member of all committees. 6. AGENDAS a. Agendas for the Councii will be prepared by the City Manager. b. Agendas shall be posted on a bulletin board, publicly accessible, in City Hall and/or the Council Chamber. 7. COUNCIL MEMBER REQUESTS a. To request a formai agenda report be prepared and placed on a future agenda, direct staff to prepare a study or analysis, or request feedback from other Members of the City Council on a given subject, a Council Member may place the request on the City Council Agenda by notifying the City Manager by 5:00 p.m. on the Thursday prior to the City Council meeting. The request wili then be identified on the Agenda along with the name of the Council Member making the request. � b. The City Council may conduct limited discussion regarding the request '� and provide direction, but no formal action may be taken regarding the `� topic of the request. c. If a majority of the City Council concurs with the request, staff wili respond appropriately. d. Any City Council Member may make an announcement that does not involve discussion or direction to staff during the Council Communications portion of the meeting. Policy/ Procedure For Conducting City Council Business Page 5 8. MISCELLANEOUS - a. Items referred to departments for action by the City Council shall be routed through the City Manager's O�ce. b. The City Council shall occasionaily review this Policy/Procedure. c. Amendments to this Policy/Procedure shall be by majority vote of the Council. i _ __ - I S.g. � PRROy� � C? � MICORPOqATEO YZ � ° MEMORANDUM } JUIT 10. IY11 * c9�/FORa�P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE� SUBJECT: COUNCIL APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the Council approve the appointments to various Boards, Commissions, and Committees pursuant to the attached lists. FUNDING: There is no fiscal impact. RECOMMENDATION: On January 14, 1997, the City Council adopted Ordinance No. 481 C.S. amending the composition of applicable Commissions, Boards, and Committees from seven to five members and adopted Resolution No. 3192 establishing Council policy as it relates to the appointment procedure to various Commissions, Boards, and Committees. The Ordinance states that the Mayor and each respective member of the Council shall appoint a representative to the various Commissions, Boards, and Committees subject to the approval by a majority of the Council. All Commission, Board, and Committee members serve at the pleasure of the Council. Council Members have solicited applicants to serve on the various Commissions, Boards, and Committees. The recommended appointments and/or reappointments of each respective Council Member are attached. Although not required under the Ordinance or Resolution, copies of the applicants' Reservoir of Citizens to Serve forms are attached. Attachment: 1. Recommended Appointments � pRROy� � C? F NlCORPORATE Yt " " MAYORFERRARA � �r m, �o�+ * RECOMMENDED APPOINTMENTS c4��FORN�P RECOMMENDED APPOI NTM ENT/REAPPOI NTM ENT • PLANNING COMMISSION ED ARNOLD . PARKS AND RECREATION PHILIP LOZANO COMMISSION . TRAFFIC COMMISSION GARY L. BORDA • SENIOR ADVISORY WILLIAM HARRER COMMISSION . DOWNTOWN PARKING HENRY GONZALEZ ADVISORY BOARD . ARCHITECTURAL REVIEW CHARLES FELLOWS COMMITTEE — � CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE �lanning Commission �j,���� ' Parks and RecreaGon Commission GtfY OF kRRO 0 faRA�}#gE Tra�c Commission � Years L(ved in Arroyo Grande 3 Senior Advisory Commission 02 DEC -5 PM 2' 45 Registe�ed Voter of rroyo Grande Architectural Review Committee Yes No Speclal Committees(Long Range.Planning Committee, etc.) NAME � �RNo�A HOME 2 / ��" /� / ADDRESS .7�J ��SH�3 ��s^ �'�/� PHONE y �/-66zZ PRESENT EMPLOYER_ /"�S�° /�ESEfk/'cG� L(�� pORITI�N P�+� �n '� BUSINESS ADDRES$ �1 S E2�t�3�/<<4� Iil/.�'7 PHONE ��Y 66 2'6 i EDUCATIONALBACKGROUND I s� �/ � HiahSchool �kc�s�--. Sc,�i«� � College /-f-2�`z-�^�'�' TE .,,,irif,� ADDITIONAL EDUCATIONAL INFORMATION COMMUNITY AND CIVIC INTERESTS �/rf�r✓G 7�.c C�ia�n�-�r� a� y w�- Cm.,�».N.,�y � The City Counctl would Iike to have the names of three(3)Arroyo Grande References: N9ME ADDRESS ,. %o S��w 33� �H���,,., �r/�� 2.—I'1��- !/���4�� 3�0 ��y���.s� W,�y �/ � � ,3. L�yL{ �9 Wtl�f.H S �0�� �obi.✓ Cl�c. -C. ARE YOU WILIING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: � Planning Commission, First and Third Tuesday of each month, 7:00 PM YesL� Na— Parks and Recreation Commission, Second Wednesday of each month,8:30 PM Yes�No_ � Tra�c Commission,the day(Monday)before the third Tuesday of each month, 7:00 PM Ye�No_ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes—No_ Architectural Review Committee First Monday of each month,3:15 PM Ye�No_ � Specfal Committ e e Planni�g Committee,etc.)Meetlng dates vary Ye�Na— � Signatur p o The Arroyo Grande City Council requests informadon about your tnterest (and educatlon, if applicable), in serving on a commission or commfttee, specifically your comments and views relative to the role end responsibfliUes of the Planning j� Commission, Parks and RecreaUon Commissfon, Traffic Commission, 3enior Advisory Commission, Archftectural Review Committee or a Special Committee. Please note such tnformatlon on the raverse side of this form. Thank you for your interest THIS FORM IS A MATTER OF PUBUC RECORD 1F APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED _ --___ . 04/0?!01 �w. CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE Planning Commission �Parks and Recreation Commission _Traffic Commission Years Lived in Arroyo Grande� _Senior Advisory Commission Registered Voter of Arcoyo Grande _Special C mrp' tees , rchitedural Revi w, t .) Yes_� No_ NAME HOME ADDRESS HONE �/v —o���1s PRESENT � ESENT � .� ) c���e��'?��'�J OFFI E�R OSITI 41J r ADDRES$� USINES TELEPHONE � EDUCATIONAL CKGROUND High Scho ./,��� �/¢ College f , / � -T- � ADDITIONAL EDUCATIONAL INFORMATION . COM UNITY AND CIVIC INTERESTS / The City Council wouid like to have the names of three (3)Arroyo Grende References: NAME DD ES ,. C'. ��,` , . , , 2. , � / A � 3. ,(!9,' .J�_ ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: ,i Planning Commission, First and Third Tuesday of each month, 7:30 p.m. Yes_ No Parks and Recreation Commission, Second Wednesday of each month,B:00 p.m. Yes,� No Traffic Commission, Monday Previous to Third Tuesday of each month,7:30 p.m. Yes No Senior Advisory Commission, Rrst Wednesday of each month,8:00 p.m. Yes No !s Special Committee (.e.Architedural Review C mittee, etc.),Various meeting — times and dat , Yes_ No_ � Sign e Date f� ��9 The Arroyo Grande City C uncil requests ation about your interest(and education, ff applicaWe), in serving on a commission or committee,specifically ou omments and views relative to the role and responsibiiities of the Planning Commission, Parks and Recre ' n Commission,Traffic Commission, SeniorAdvisory Commission, or a Special Committee. Please note such infortnation on the reverse side of this fortn. Thank you for your interest. THIS FORM IS A MATTER OF PUBUC RECORD IF APPOINTED. COMPLETION OF A STAT CONFLICT OF INTEREST FORM IS REQUIRED (11/02/98) --------. ; �� ; . _ ; • -- -__ _ : -- . �I—TY OP AR�Rnv Q-• . � ' , � BFSERVOIR OF TT* c g�� � , __Parke and Recreation Commiselon � Driver'e LSeanea xo..P�y y/.90 � � __Plann! C � �8 amieaion �� Ye�rs Lived ia Arro - '�.��y yo L'rande .�Y�rkiog �nd 1Y�fPic Commission � Heglsternd Voter of Arroyo Crande � . � . � � � yE3 `' . gp . . __sP��ta� comnteeae THIS FORM IS A MATTER OF PUBLIC RECORD. . �: Mr�. : ML� C.Y � /�AA � . (Plaase eimla ona) �' - : �!B ADDRSSS�.[�eP uic<nw 1 t,� C72 /� pApt��_�z'�--'=„—+L � MABLTAL STANS_� • . . NUlB6B OF C9ILD&E!L � PABSBNT /� BMPIAYSd HLL r�•• r.�' � .r � .�5S6NT q . OPPICB � FOSITION�IQ, A[GassN� AI,Cy{!�_ . . ADDSBSS /P:?_L-, � � /� Blf8INB33 � --�_�!��✓cu n i' rsi.areo�ra!fo°/-HC%i BWCATIONAL � . � � HACKGROOND High Sehooi�t,tn r� ,p ' c�,lwf CollaBe��_C /wL� �/.h✓6Rf7?(i �L '7 � ADDITIONAL . . • / HD.'L. INFO�[�qA u �CA � L LE/'i' : . •, j , /TN ..P I� d /�Ffr �A/ � � / �A f Are you aw�rn tlut you may be rbquired to 811 out • ' • � . CONFLICT OF INTEREST Poxm. . . ygg �� .__ . . � � �ipIAYP�dT HXPERI6NC6 (II Aoolie�ble) � � Do you rapresent �ny �peci�l 'grouPT 4ES _ NO IL �q pleua.give nama ot sroup. � COHI1mtITY Awp .*�r �v¢ma • ; ihe City Couacil vould like to fiave tha Name�of tluea Arzo�o Grande ReLeraaeas: . � . , � . aQQB&9� i�'T_F.e,tv LJs��pf-D j�j� ����� A.e.�vyn � � � 2..2d�/ MpA5/ AfFJ/r�— G�+ � � � . 3._G•InO�Y .`�ie�.�I� _ .�,L9 W.�u� t.J � � .. � . � I�7�Q YW_ BB lil7Trray T'f n S '—�1L�64JP�.@? � /. 1� . � �— um SaIO�- r, h G�. �ch �i. P� 6 RECRgATION COtMI83I0N t�B6TINGS, 2nd Ned. o! G. Mon[h Y83 Np - MAId7INC COlMISSION t�gTII1�g� let 7 3rd 1wes, oE Be, Hooeh yeg ��� . PAMINC 6 TRAppZC �ppp�ISSION 3�6TINC9� Mocthly Heetinga ygg Np ' . ���; � �� 3 SPBCIAL COPp(ITTSE, Vatlous . q 7C&S NO DAT@ ��f ��/ SICNAIV�A�cL/� —_ The Arroyo Craade Council needa some 1nEormation about ur 1 taraete appllcable) !n sarving on a Co�tepion a eclEicall ro + �aM educ�tloa� if . !he role �nd reepomlbilltiea of the Planning Co�iacion� Per�ksa and Rae e�tloneC�a�is�ion� tha Parking aod ltaffic Caamiesion or a SpeeLal Commlttee. Please aote euc6 Snfo�tion on the sevarse slde o£ tdia fozm, � __-----.____ CITY OF ARROYO GRANDE ' RESERVOIR OF CITIZENS TO SERVE _Planning Commission RECEIVED Parks and Recreation Commissi��TY OF ARROY4 GRANDE . ?—Traffic commission gg AUG I 2 PM 3� 58 Years Lived in Arroyo Grande� Senior Advisory Commission Registered Voter of Arroyo Grande _Special Committees (Architectural Revie�w,)etc.) Yes ✓ No NAME_ �U/II7�1f/� `"_l��' /`�" 1�i R � HOME ADDRESS /�9 /�1'f�� �,� �j,�u,�,��, pHONE_ �41$(•-I�b"Z PRESENT � / PRESENT EMPLOYER I����,�C4. POSITION OFFICE BUSINESS ADDRESS TELEPHONE EDUCATIONAL BACKGROUND High Schooi Coilege C�� � �/Ze� � C ADDITIONAL EDUCATIONAL INFORMATION COMMUNITY AND CIVIC INTERESTS �/tOaU� V- �2�sea��ic�I2+�1 S f^ � . The City Counal would like to have the names of three (3)Arroyo Grande References: NAME A DRESS 1. 1 D 1t1 y ���.i 24 �� V/�t1 �A� 2. D�,i�d� �- IS�v /�'f,4N�+�u��tz 7�) /�-v� ol� �i,t,�.�� ',, . s. ��,�fy� �-�e�.a� �1� 7� —do – � ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:30 p.m. Yes No Parks and Recreation Commission, Second Wednesday of each month,6:00 p.m. Yes_ No � Traffic Commission, Monday Previous to Third Tuesday of each month, 7:30 p.m. Yes_, No Senior Advisory Commission, First Wednesday of each month, 6:00 p.m. Yes�C No Special Committee (.e.Architedural Review Committee, etc.), Various meeting times and date n r Yes No Signature ��/`�, , ����/(/LQ/)J Date �� 4 The Arroyo Grande City Coun equests infortnation about your interest(and education, if applicaWe), in serving on a commission or committee,specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission,Tra�c Commission, Senlor Advisory Commission, or a ' Special Committee. Please note such infortnation on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED COMPLETION OF A STATE CONFLICT OF INT REST FORM IS REQUIRED (11/02/98) _________ . .��r�� � _ ' CITY OF ARROYO GRANDE ' RESERVOIR OF CRIZENS TO SERVE Planning Commission RECEIVED - . —Parks and Recreation Commissio�C�TY OF ARROYO GRatJGC ' _Traffic Commission' ' Years Lived in Arroyo Grande Senior Advisory Commission 00 FEB -3 Pri I� 28 Registered Voter of Arroyo Gcande ,�Special Committees(Architedu i Review, etc.) Yes No ✓ PAak�� Ao�.SOR �,i �i.J2 �B NAME HOME ADDRESS q,�iO � I In � . (.l� PHONE��'h°I-$S� � PRESENT • PRESENT Ow��� ' EMPLOYER L.Q�-� POSITION OFFICE � c ,�,,�r�n �nt TEL PHONE �{,S°1- Z�13 ADDRESS �3,(Lt'. 0.p � . EDUCATIONALBACKGROUND High School �acar,� �� L'�\�� College ADDITIONAL EDUCATIONAL INFORMATION COMMUNITYAND CIVIC INTERESTS � �_� -, „�.«bu �f �t A�tz-�o G�.�� 5�r „�.� 1 d� The City Councii would like to have the names of three (3)Arroyo Grande References: NAME ADDRESS ,. �-���t��, �2r�� 13���.d S►^vc� z. ��n i�.� � l���d�, � . '� s. �aN..�o.� � V;��.� C a� � � ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITfEE MEETING TIMES SH04VN BEIOW: Planning Commission, First and Third Tuesday of each month,7:30 p.m. Yes_ No_ Parics and Rec,�eation Commission, Second Wednesday ot each month,6:00 p.m. Yes_ No Traffic Commission, Monday Previous to Third Tuesday of each month,7:30 p.m. Yes_ No_ Senior Advisory Commission, First Wednesday of each month,6:00 p.m. Yes_ No_ Special Committee (.e.Architedur I Review Committee, etc.),Various meeting times and dates � Yes� No_ / Signature Date �' 79-0� The Arroyo Grande City Co ii requests fo tion about your fnterest(and educallon, if applicable), in serving on a commission or committee,specificaily your comments and views relative to the role and responsibililies of the Planning Commission, Parks and Recreation Commission,Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such infortnation on the reverse side of this fortn. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/07J98) CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE Pianning Commission _Parics and Recreation Commission TV I;�RECE�VED _Traffic Commission Yea�L�4�t1 irPAl��ia`�eD�H �2 Senior Advisory Commission Regi t,�r�of o nde ,�Special Committees (Architectural Re`view, etc.) ��p7,r �: �� NAME C 1-fA2�S �. �e.taVC..�_, �. c-�.ows , HOME ADDRESS 2 0� C�r� `�p �.1 w ffY PHONE �9 l- 3 �6�F PRESENT PRESENT EMPLOYER��S,Goa'D�2..c. � FEL�Ows,�yvG'pOSITION CN��"F' F'��-�+laccr-� Or=�,c.�yy OFFICE BUSINESS ADDRESS 2�9 S • N,�14c�10„1 1�.� �`l G TELEPHONE `�S� - G � a o EDUCATIONAL BACKG OUND High School C' ��Y�- C_C��R�-� �( . 5 . Coilege l . A. Pr c 2�"'c Gp ws�� �,q q) ADDITIONAL EDUCATIONAL INFORMATION k{�,�so�-�-t- scFr�- t� . (6A, �-v4� o.�Go a scR-� �. l P��' �s� rtio,�z.�) COMMUNITYAND CIVIC INTERESTS S f�. C-� • E-{(�D i2l(�-t, ���rY — R.var'r �-�� ,� - sr .��r,�u�-�- �cr��� �M tnST�f+�S(�j lAJ M�A'ti.fTAlN�k�Cr f}.Cs . ��J/F�l�Y D� t-t� '�i'2t1 tiLe2� T�s �r��t�C�j,.- B`'PFs p/�.f�2v.tTc�� r �o� iN�f?�c�-v�, The CRy Counal vfould like to have the names of three (3)Arroyo Grande References: NAME DDR S 1. t� � �Z(� � �� � � ✓!� �(.CI�L�urL �(20-^C'�l/1 gAA/�OI.EX�b) 2. L�1.� l� �'� ti,r"3 S ( �/— ( 'Oao �(.�//t c./,1�}T ry� � / j,, s. .U. � titu.c.cS R .G. PAll" Ntfi�ol�. ( � � ARE YOU WILLING TO SERVE ON THE COMMISSIOWCOMMITTEE MEETING TIMES SHOWN BECOW: Planning Commission, First and Third Tuesday of each moMh, 7:30 p.m. Yes_, No Parks and Recreation Commission, Second Wednesday of each month,8:00 p.m: Yes_ No Traffic Commission, Monday Previous to Third Tuesday of each month, 7:30 p.m. Yes_ No Senior Advisory Commissioo. FirstJ(Nednesda spapqnth, 8:00 p.m. Yes No Special Committee (1 ; rchftectur��vie mmittee,8fc.),Various meeting � � times and dates `-� Yes ✓ No �� Signature ��� > Date_ � - 3 / -�C7 � The Arroyo Grande City Council requests infortnation about your iMerest(and education, if applicabie), in serving on a commission or committee,specificaliy your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, SeniorAdvisory Commission, or a Special Committee. Please note such infortnation on the reverse side of this fortn. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF AppOINTED. COMPLETION OF A STATE CONFLICT OF INT EST FO M IS RF_ ���?Fn ���/pygg� { � � � � pRRO�� O C� F MlCOqPpqATE � u o T � JULY 10. /i11 * � MAYOR PRO TEM DICKENS 9��FORN�P RECOMMENDED APPOINTMENTS RECOMMENDED APPOI NTME NT/REAPPOINTMENT • PLANNING COMMISSION TIM BROWN • PARKS AND RECREATION PAMELA IANNEO COMMISSION • TRAFFIC COMMISSION LARRY ROHLOFF • SENIOR ADVISORY CRAIG KAISER COMMISSION �i �: • DOWNTOWN PARKING � ADVISORY BOARD GARY ANDREINI �' � ( � • ARCHITECTURAL REVIEW ' COMMITTEE WARREN HOAG i � i i ; _ _ - _-�.�.. � _,, RcCcI'iEf) :i . J: ,�:'r�'i 0 �;� ., .,.,_ .-- . _ CITY OF ARROYO GRANDE GU i il]!! -9 �� RESERVOIR OF ClTIZENS TO SERVE �"� ��� I O ,�,Pianning Commission . Parks and Recreation Commission Traffic Commission YearS Lived in Arroyo Grande S �Senior Advisory Commission Registered Voter of Arroyo Grand _Spedal Committees(Archttedurat�Review,etc.) Yes�,]� No_ NAME Tim Brown HOMEADDRESS 125 Allen pHONE 481-5110 PRESENT De t of Industrial Relations PRESENT Consultant EMPLOYER p POSITION OFFICE 1562 grand ave Grover Beach BUSINESS 481-3296 ADDRESS TELEPHONE EDUCATIONAL BACKGROUND HighSChooi �oast Union Cambria College Cal Poly Business Admin ADDITIONAL EDUCATIONAL INFORMATION � 3 „ COMMUNITY AND CIVIC INTERESTS • New Life Communitv Church � ' . _ Citizen Core Groun General Plan uodate � The Cily Counal wouid Uke to have the names of three(3)Arroyo Grande Rgferences: , . � � NAME ' _ . DRESS 1. Jim Dickens 769 Branch hlill y, Nanci Parker 1127 Vard Looaiis ln ' � 3._Sharintt Wilcnn • � RO Ramhi Cnurt ' ' � ARE YOU WILIING TO SERVE ON THE COMMISSIOWCOMMITTEE MEEfING TIMES SHOWN BELOW: Planning Commission,First and Third Tuesday of each month,7:30 p.m. Yes� No_ Parks and Recreation Commission, Second Wednesday of each month,6:00 p.m. Yes No_ Traffic Commission,Monday Previous to Third Tuesday of each month,7:3U p.m. Yes„� No_ Senior Advisory Commission, First Wednesday of each month,8:00 p.m. Yes_ No_ Speciai Committee(.e.ArchRectural Review Committee, etc.),Various meeGng times and dates Yes No Signature_ �P Date � I �� �� _ The Artoyo Grande City Council requests infortnation about your interest(and education, iP'appiicabie),in serving on a commission or committee,specificaliy your comments and views relative to the role and responsibilities of the Dlenninn(` 'nn Pflrlre end Gnn.nnl:.... l�........�«�.... T...(a..n.................. c........w.1..........n.........��..n.. nr� _ �.a..�-,�.., CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE ' Plannin Commissfon ,,;,, ,. ;<ECEi`dc7 X 9 r �_r :,f,.,1Y0 �°'.:,_, Parks and RecreaGon Commfssion Traff�c Commisston (�� ��p 2 7 kr� g: 55 Senior Advisory Commission ` ` Years Lived in Arroyo Grande�3 Architectural Review Committee Registered Vot of Arroyo Grande Specfal Committees(Long Range Planning Committee,etc.) YeS � No NAME Pamela R. Ianneo HOME ADDRESS P.O. Box 1083, �'royo Grande� Ca.93421 pHONE �805) 489-8275 PRESENTEMPLOYER San Zuis Ambulance Service, Inc. Receptioniat BUSINESSADDRESS P.O. Bo% 954, San I,uis Obiapo� C8. pHONE 805-543-2626 FOUGATIONALBAGKGROUhD H�School �'royo Gr�de High School College ADDITIONA FnucnT�ntie� , ��..s...�...., Continuing education claasea thru employ- ment, to include: Streea Reduction tor Women, Baeic Computer claaa� Child Development clasaea. COMMUNITY AND CIVIC INTERESrG IIItePebt@d 1II th@ y011th ot Arroyo Grande o �� Development ot the citT of Arroyo Grande in a beneficial v for the citisena.uaina the reeources conaervativelv and ettectivelv ' The City Council would like to have the names of three(3)Arroyo Grande References: NAME ADDRESS �, Terry Fibich P.0 Boz 55� Arroyo Grande, Ca 93420 2. Mary Bassett P.O. Boz 550 Arroyo Gm nde, Ca. 93420 3. Pete Gallagher 1064 Rogere Ct. Arroyo Grande, Ca. 93420 ARE YOU WILLING TO SERVE ON THE COMMISSIONICOMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yess.N� Parks and RecreaUon Commissfon, Second Wednesday of each month, 6:30 PM Yes?No_ Traffic Commission,the day(Monday)before the third Tuesday of each month, 7:00 PM Ye�No_ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes—No_ Architectural Revfew Committee First Mo�day of each month, 3:15 PM yeg��o_ Special Commi ees(Long Range P�ommfttee,etc.)Meedng dates vary Yes.ZNa— Signature ����� Dat,g, /� .� �� Q� The Arroyo Grande City Council requests information about your interest(and educatlon, (f appUcable), in serving on a commission or committee, specifically your comments and views relative to the role and responsibilFtles of fhe Planning Commission, Parks and RecreaUon Commission, Traffic Commission, Senior Advisory Commission, Architsctural Review Committee or a Special Committee. Please note such informadon on the reverse side of this form. Thank you for your interest THIS FORM IS A MATTER nF a�iwi ir ac�nan (F APPOINTED COMPLETION OF A STATE CONFLI T AF INT�RFCT F(1RM Ie oen�� ____—._—_ 04/02/0� - CITY OF ARROYO GRANDE � RESERVOIR OF CITIZENS TO SERVE - _;�.�;- Planning Commission � , _ Parks and Recreation Commission � Traffic Commission �? (;;�;; �S j�� 4; Q3 Years Lived in Arroyo Grande?� Senior Advisory Commission • Registered Voter of Arroyo Grande Architectural Review Committee Yes � No Special Committees (Long Range Pianning Committee, etc.) NAME �./}f�R�/ C�'"'j Ro N t-O FF HOME ��o �I �IERRA �IV� pHONE Y'f J�`��J� AODRESS PRESENTEMPLOYER S�LF �,ypLOy�ED PosiTioNC✓IL�IU�IN��i , BUSINESSADDRESS C° I�ESiD�NGE PHONE 7��'��0� EDUCATIONALBACKGROUND Hiph School (.O�O.S�Rirt65 ��cJ. �e�°�l Colleae i1AN5.4s STATE U/�I✓�RSI"ta/ ADDITIONAL EDUCATIONAL INFORMATION �Rq�,�Arc- e�Ass�s �MMUNITY AND CIVIC INTERESTS FDRM�R R�TARIAI9��C�,CL�61 ' /�uI�Y NA�ctt COHHdlU1TY P�/�I��FDRH�R�-� The City Council would like to have the names of three(3)Arroyo Grande References: NAME ADDRESS �. � VAtiIDEV��R �s� NlyRr�E .4,�. 2. �rA�tJ rkcDA /jS``E- Vi�RD�ooM/s �N, /�.�Z, s�l, /�ANKIn9S 200 y/tL�'REST �rZ . /�.�i . OTH'�sFLS [1p0AJ R�cwESr ARE YOU WILIING TO SERVE ON THE COMMISSIONICOMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes—No—_ Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM Yes_No_ Traffic Commission,the day(Monday)before the third Tuesday of each month, 7:00 PM Yes2�No_ Senior Advisory Commission, First Wed�esday of each mo�th, 3:00 PM Yes—No— Architectural Review Committee First Monday of each month, 3:�5 PM Ye�No_ Special Committee (Long Range Plannfng Commf ee, t )Meeting dates vary Yes—N�— Signature �y ' � / ~ / The Arroyo Grande City:Council requests inform about your fnte , , commissibn or committee, specifically your comments and views rela �r�, G,Rohlof�,P.E. Commission, Parks and Recreatlon Commission, Traffic Commission, : Committee or a Special Committee. Please note such InformaUon on Ae�jscered Civil EnBnecr No.22429 � interest. ' 1641 Siem Drive THIS FORM IS A MATTER OF PUl Acroyo Gnnde,CA 97420 IF APPOINTED COMPLETION OF A STATE CONFLICT �; �y��,C��l M ��`t"���f'I�-5��� TeL(805)473-4(J5 Fa.r:(ROS)dRt-912? � Cellulu:(805)709-ll0� Email:keeponkaranQch�Rer.net CITY OF ARROYO GRANDE � � RESERVOIR OF CITIZENS TO SERVE __�.,;_ , Planning Commission ' � � ^i Parks and RecreaGon Commission Years Lived�'in Arto dG���d�� Traffic Commission Y �_ Senior Adv(sory Commission � Registered Voter of Arroyo Grande Archttectural Review Committee Yes _� No Specfal Committees(Long Range Planning Committee, etc.) NAME ( � �141� l-� I��115i�2 HOME �1 ���� ADDRESS��� �usJ��E.S� rZ� ��a ► ����4uS� r PHONE N4�t- lN'ib PRESENT EMPLOYER �L���0.� PoSITION�Tn'�.S.�.J(��AI_��ec� BUSINESS ADDRESS PHONE EDUCATIONALBACKGROUND � Hi h School -! Colle e / - � � , ADDITIONAL EDUCATIONAL INFORMATION � S• � �• �� . nnMMIINIrY AND CIVIC INTERESTS � i ���� ���`���'�U- ����1 �1 >(C=1=2 � tf� �� , l „ � / � / / � ^ �g,�g_,,�iu.�� �sr �r��rarR � ��sc� �t?c����AOT�..un ���A� l ��Su�35� The City Council would like to have the names of three(3)Arroyo Grande References: t ��+,Cu�.0.� �1��a NAME ADDRESS 1. �c� �iZc.� 4> > �^ `-�,���i�t� '.�. � 1 1( �� �\ )� �Z���P ���a �- q,'1i�2� 2. '�^7 ? 3. . � / � � ARE YOU WIILING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes—Na— i Parks and Recreation Commission, Second Wednesday of each month,6:30 PM Yes_No_. Traffic Commission, the day(Monday)before the third Tuesday of each month, 7:00 PM Yes.—No_ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes.-?SNo— Architectural Review Committee First Monday of each month, 3:15 PM Yes—JJo_ Special Commit ees (Long Ra e Plann g Committee,etc.) Meeting dates vary Yes___Na.— � Signature ` � The Arroyo Grande City Cou cil requests information about your interest (and educaUon, if applicable), in serving an a commission or committee, specifically your comments and views relaUve to the role and responsibillUes of the Planning Commission, Parks and Recreatlon Commission, Traffic Commission, Senior Advisory Commission, Architectural Review Committee or a Special Committee. Please note such fnformatton on the reverse side of this torm. Thank you for your interest. .. � ^ �jFc (��Jc?i,Sc�, 51�= , THIS FORM IS A MATTER OF PUBLIC RECORO O AS E OM02101 j c�. ��u,+�..�.R. �le J�M b r�P�.,� , s�iv 1��� i JHN-28-1999 14�45 POLLRRD & C055A 805 925 2370 P.64iO4 � -. . �_•� •• •••••°•� - en.� �r� Yr�ab r.tld ��'R'OF ARROYO ORANpE RESERVOIR OF ClT��Ne Tn er--.s _Plannin0 Commission �P'�a�R�t1O"�0f""'�10n CITY OpRECEiVEO `Tra�c CommLssion ARROYO GRAND�ears�,iyed in q�,o Senior Advisory COrtimission Yo Grande�^ �saeGat��„��eetur;l Rwi 99g . 28 PM 2� 56 Re9�rod�Yote�Nrroyo aranae NAME � �^aArlviswy , � �9.tcd �/,�26i N� HONlE ADORESS D 7�' ✓1 oS�^I Ci t. PHONE �/ '�6 S'�o PRESENT EMPLOYER =ST .VSu�eq,ve.& PRESENT � OFFICE � P�SITION �ilfs4 z�9�Nt�� K ADDRESS_ /�d �.. .�(q��J Si',, • OUSINESS � ���TEL�PHONE 9 Z 2 7,30 J �TIO _ BACKC.ROUNO Hiph ScAOOt �S�t�E �iGif Coilegs °�L �� CT. /k?+� t �c.t. Aib. A4AIIIONAL EDUCATIONA��NFO iuerir�w �3+5 Ft.�+�/ � T 7"h�City Counal vroutd I;ke to nave tne names of thnee(3)qrroyo Grarbe Raferences: dAME ,. Pm �s,,.G� . � Y� 1 �� �,� z. c�d� (ti rEa.�4- — 5'. A'c r•.tl� �r. 3. r�di a�� a A �- / �G /►RE YOU WILUNG TO SERVE ON THE COMMISSION/COMMITTEE MEETINC3 TIMES SFiOWN BEI. ��m0�mmission,Flrat and Third Tuesday of eaeh month. 7:30 p.m, Yes` No Parks and Reueatiort Conxniscion. Second Wsdnqsday of each moMh,6�00 p.m_ Ys8, No Traffic Cortxnisslon, Monday Prevtous to Third Tuesday of eaeh rtpMh,�_3p p,m_ Yu� No ���W�mm7ttee �, Frt Wtdnesday oi eacN manth.6:00 p.m. Y�s` No C• - 'rddteaural Revie Committee,etc.).Vatious rt�6r�Q timss and detes /� Y S� No s�g^stufe In-Y�1.x " — Date 1 Z! �' ThQ Mvyo Grande Cky ou dl rvqu sts iMortnation about our a���on°��^� SpecJflcall our Y ��m�(aM eduwtion, if aPpHCeble), in serving on PlanninQ Commission.Parks and Recreation Co�mm�ission�TT�afie C lative to trte role antl�esponstbi�Les oi tna Special Comrtdllee, pleau note sueh information ort the reverse siee����j�,��ry COmmission, or a you for your fMerest. IF D M L T � A F c»�ozee� TOTAL P.04 : �,t-�.� ,�,�..�d ��„�r.��,,,� <��T� � r� � � � u c D ,�1Ti�..t�an+Q'G/d^/9j CITY OF ARROYO G�A�t�PD� P� FEB S �993 - � RFSERVOIR OF ITI he �TO RVF CITV MANAGER'S OFFICE Planning Commission - ' ARROYO GRANDE Driver's Licenm No. �z53812 Parks and Reereation Commtssion Years Lived in Arroyo GraMe 17 Trafftc Commission Registered Voter of Arroyo Grande � Sentor Advisory Commission � Yes X � No_ � � � X Specipl Committce q.e.Teen Advi � sory. Mehitectural Advi eta) . i r Mn.:Miss �rren 8. Hoaq � � � t Piease eireie onel . ( HOME ADDRESS �a T�'�' p�� �'t'oyc Gcatlde � � pHONE ����ga I MARITAL STATUS �'� NUMBER OF CHILDREN Z PRESENT ' � � � EMPLOYER � ��' p�5 & $ldg Dept• pp51TEON ���.P� - �az� Plarn�itfg ADDRE55_�� ��t � BUSINESS �n Luis Obiepo, CA 93408 TELEPHONE 781-5982 EDUCATIONALBACKGROUND � High School��a 8.3., Sd�ittier, CA� Coll U.C. Sanffi � 4�7dtted 1967 �- �i B.A. St1 - ADDITtONAL EDUCATIONAL INFORMATION �� �71 � . Omg�lated ana yeer of two yeat Masters ot Sk�bnn azrl Regia¢al planning P�9�'�. Chl State FYean� 1974-75. Particip¢Y�ed in mmw�'aus °°nticui*9 educatiai oo�ses� senir�ats a�wax�kshaps on a wide vari . oi plu¢ting atd mrmatity davelo�aec�t e�jeets ard iasues. . � . � Are you aware that you may be required to ftll out a CONFLICT OF INTEREST Form. Yos X No_ � � EMPLOYMENT EXP RI h t (If A�Hab:el . RaT 18 Yvra Wpioy��Y a laml 9o'��d 1Yd uN ' 1rc1�dL4 Y�o y�sf wiLh tlr City oC fSCwr E�ed�W 7.5 y�y�SD ��Y• +N���a on+ss a vla�ra�he oId�1�m�y�.�«� . +AaWs�s� leM ura a'1�rttas, �erludttq saNn/t�Tqatiar. f�.w.i.��..,p[ Do u re esent an z�i cia��������t��'' � Y° Pr Y Pe� Fo�+pT Yes__ No_g_ If w.Please give name of cpoup. � COMMUNITV AND �v�r �ur RFfTe � � ' t9'�pe�1=io lntcast is m Ntv�m tlr 71t�d�iL�chaal Advlao<y msitw o s way w mKrlwt��11 R�oiaal �im am � . ��m tbe ctiyt �tfmts!n R�otit7 9�itY a'�laimd a�tl ib a�.'�.M.�h vLwl cl�ect�r. I alao Aav�a� Lelurad c�smih'p�lam4y��yy�+��1naEa. pc�o�in7�tt�ud tias ta U�i]Ctu�. ����timsl atld xa¢osFi..�.t The City Cowcil w ��a io nave[ne names or wee l31 Arroyo Grande Refarenca: � �E . � pppRFYc� . 1._Mazk t�Eatsan .624 Tayl�Plaea Artoyo GYacdg � Z'—� �� .245 Waltitt SLZegt 3.-n�!' ���"''A`°' � .1064 Fndgera 1pq¢t Armyo (taii[le WOULD YOU�BE WILLING TO SERVE ON THE COMMISSION MEETING NIGHTS SHOWN BELOW: Planning Commfaion,�Firot and Third Tue:day of each montFy 7:30 p,m. Yes_ No_ Parks and Receatfon Commission,Third Wednesday of ea�h month,6:00 pm. Yes_, .No_ Tra�c Commtsston,Mw�day previous Third Tuesday of eaeh�mcnth,7:00 p.m. Yes_ No_ Senlw Adviswy Commisston, First Wednasd � onth,7:00 pm. Yes_ No Spedal Committee(i.e.Teen pdvisory re Rectural Advi etul �arfous — meeNng times a d dates Yas X No SIGNATURE DATE J��' 28' 1993 . The Arroyo Gra�Kle City Camcil needs spme� Uon aEout yo�a interosts,(and edaptiay If appiiwble) io serNng on a Commiufan,speeifleaily your comments and views relative to tha role and resppmiWlfHes of the Plaming Commiulory Parks and Reveation Commisstan, Trafftc Commission,Senlor Advtsory Com- mission w a Spedal Committee. Please note such Information on the revene side of this form. Thank you for your interest. THIS FORM IS�A MATTFR nF PIiA� �r pernon � I pRRO�� O� C,p � M�CORFORATE 9Z ° " COUNCIL MEMBER COSTELLO * '�"T ,', ,", ' RECOMMENDED APPOINTMENTS c9��FORN�P RECOMMENDED APPOINTMENT • PLANNING COMMISSION JIM GUTHRIE • PARKS AND RECREATION DONNA WEFALD COMMISSION • TRAFFIC COMMISSION KIRK SCOTT • SENIOR ADVISORY MARILYNN FAIRBANKS COMMISSION . DOWNTOWN PARKING KEVIN DELANEY ADVISORY BOARD • ARCHITECTURAL REVIEW AMY MILTENBERGER COMMITTEE €; r; f' i CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE ✓ PlanningCommission R`CEIYED Parks and Recreation Commission r.;TY ur �RR�YO G:�`.!::�� _Tra�c Commission Years Lived in Arroyo Grande 1 yr 9 ,y�oS Senior Advisory Commission OO DCC 'S F1I'I B� 4 S Registered Voler of Arroyo Grande _Special Committees (Architedurai Review, etc.) Yes_� No F NAME .TAMES FZ . � Ltf'F� r�� HOME ADDRESS_ b I y 51-a r 1 i . l�t LL n e PHONE y r13 -$ �1 S PRESENT PRESENT EMPLOYER_�D_�� Ia s I n ✓� POSITION G en�ra I W�e.o.a a a,� OFFICE BUSINESS AODRESS �7� �S.[���.�IGS� L7 ri�VP P B• TELEPHONE '7'T 3 � �-I 8 55 EDUCATIONAL BACKGROUND HighSchool_L�1A�T Colleg�C�JANTf� �ARg,n�y> ADDITIONAL EDUCATIONAL INFORMATION Cex�-��'r�ed F-�o-I-el Qdvnihis�rli.-�-ion �CHA� COMMUNITY ANO CIVIC INTERESTS ��o,vorr, .c 1�e vn Io nrr�en f �4 f�✓��bIP ,�.,US/ hG �Oi7a Qonu� ��Rl�i���G , The City Council would like to have the names of three (3)Arcoyo Grande References: NAME ADDRESS a �. rVlil� �..,4D�1 730 nak �. earr �t�c�e. `: 2. J a►� S c o+t 5zo Via Vaa u�-o j s. 1�(aucu �h a�tKe,r- lla7 Vard Loomi 5 ARE YOU WILIING TO SERVE ON THE COMMISSIONlCOMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday o(each month, 7:30 p.m. . Yes ✓ No_ Parks and Recre ion Commis 'on, Second Wednesday o(each month,B:00 p.m. Yes_ No_ Tra�c Commiss' n, Monday revious to ThiM Tuesday of each month, 7:30 p.m. Yes_ No_ Senior Advisory Commissio First Wednesday o(each monlh,6:00 p.m. Yes_ No_ Speciat Comm' ee �.e. r ite ral Revi w Committee, elc.),Various meeting times and ates Yes No Signature Date /oZ' O!� '�� The Arr Grande ity Council requests infortnation about your interest (and education, if applicabie), in serving on a com ssion or committee, specificaily your comments and views relalive to the role and responsibililies of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, or a Special Committee. Please nole such infortnalion on the reverse side of lhis form. Thank you for your interest. THIS FORM IS A MATTER OF PUBUC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/02/98) CITY OF ARROYO GRANDE � RESERVOIR OF CITIZENS TO SERVE �Plannfng Commission �_ Parks and Recreatlon Commission � Traffic Commissfon Years Lived in Arroyo Grande�, f Senfor Advisory Commissfon � Registered Vot r of Arroyo Grande Architectural Review Committee Yes �_ No Special Committees (Long Range Planning Committee,etc.) NAME I�nllY1�. i ,( {2-tG � r� HOME �1 �/C�, _� ` ADDRESS ID��S �7�i� G�+CIP� �IYYb'iC Crii.YlG� PHONE TO � /��� PRESENT EMPLOYER Y1 Df� aocinnN '— BUSINESS ADDRESS ' PHONE — EDUCATIONAL BACKGROUND Hi h School ✓ Colle e ADDITIONAL EDUCATIONAL INFORMATION -� IT CC�I 2 � «(SE'_. ' CLf A I lan -l•l�n�o�r> Cv I �e�;� o✓P✓ �1�2 IGS f 5��.en �j�Q�S . COMMUNITY AND CIVIC INTERESTS �Cl✓Yl CL �CU��� US� ��1' CZ.�'1U �/1/�1,6"P_ Vl� G'l �t Iti,D �O✓ �'CL �QS� � �Pa,YS . .y IYIVe CC�iGI'kX.� cz.r hel ou-t I CG�i ld�e�is ; las ��s �- ha � , i� �� ►�x�l�er; � b''�'YQ �'S L'; 1' �,ve �rJ�n�zP pk cn �,e Grove✓ a Kra �e cGrn�� The City Councfl wo d like to have the names of three(3)Arroyo Grande References: (FFx���W�n� f��r��+ayF cN AN ME ADDRESS " ,. �� �1.. ( ��S'1U 10 �o�;n C-i��(2 . I'�(S 2. i I�e�., .1✓l.�a,in a� *ii l � Ho C-r- s. Sy �v �c� Pjr;cPc,e. 3�'-� S�'i�lon I�t7�S • , �Cr ., , ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes Na— Parks and Recreation Commission, Second Wednesday of each month,6:30 PM Yes.�No_ Traffic Commission,the day(Monday)before the third Tuesday of each month, 7:00 PM Ye�No_ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes—No— Architectural Revfew Committee First Monday of each month,3:15 PM Yes—No_ Special Committees(Long Range Planning Co mfttee,etc.) Meeting dates vary Ye�No— Signature D — � �O 3 The Arroya Grande City_Council reque nformation about your Interest (and education, if applicable), in serving on a commission or committee, speciflcally your comments and views relative to the rote and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, Architectural Review Committee or a Speciai Committee. Please note such information on tha reverse side of this form. Thank you for your interest THIS FORM IS A MATTER OF PUBIIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED 04/02/01 � CRY OF ARROYO�RANDE ' RESERVOIR OF CRI2ENS TO SERVE � Planningcomaiission RrC�iYEt� �/Parks and Reereafion Commissior�1 Y OF ARPO�(�) Gi r".i:C� ,2 Years Lived In Artoya Grende �L.T�M�CO�"�iO^ �•, t�+ ^ "' c; S� Reg'utered Voter of Arioya Grand4 Senior Advisory Cortunission =� �'— ?� '�� Yes�. No_ _Speetal Committees(4e.Teen Advisory,Acchitedural Adv�sory,ete.) . , • ;�te �/i4 Sco�/' IOMEADDRESS J�d O �//� t/<J QUFRO �I G. PHONE ���— ���5 �RESENT PRESEKf :MPLOYEFi �ET//t�� pOSITION )FFICE ' BUSINESS �DDRESS TELEPHONE -"_QUCATIONAL BACKGROUND ' :�ighSehaoifA/8/1+dNT /S'�/!H.— �AYTb,t/ D�/D ' CollegeBA.-Of//O .S�J-ATL� lGf/N�'R.Si7y ADORIONAL E�UCATIONAL INFORMA7ION Lic�s£a .Qf..�c ,Es�A�F B�Po�.e.P - S��TR aF c�ul COMMUN(TY AND CIVIC IMERESTS The City Councl would hke to have the names of three (3)Artoyo Grande Reterenees: NAME � . . ADDRESS i. �£G yANEy /9y !i/A dA�vDotEi�o A.G � 2. TONY F��PRA,��J 7s"9 !/�A t3fl:vDat£.e n A.G ,. �� TAG BE_.fT /D/S %1E�/�o,r✓ �rA y A,c. ARE YOU WIWNG TO SERVE ON THE COMMISS�ON MEEfING TIMES SHOWN BELOW: Blanntng Commissian, Fust and Third Tuesday ot each rtanih,7:30 p.m Yes_ No_ parkg and ReeroaNan Commisston,Third Wednesday of each month,8:00 p.m � Yas� No_ . , Tnflic Commtsslon,Monday previaus to Third Tuesday of each rta�h,730 p.m. Yes_ No_ Senbr Advkory Cortvnission,Flrst Wadnesday of each month,7:00 p.m Yea_ No_ - Special Cortunittee Q.e.Teen Advisory,Archnectural Advfsory,etc.),Various meetin9 tlmes and dates • . ' Yes_ No_ ° � �J' � �,//9� . Signatura ,�� �ff Gp�lC Date The Artoyo Grande City Councl requests fntormatlan about your interest,(and edueation,N appl'icable)fn servcig on a aommission, spociticaly your comments and views relaUve to the role and �esponsbff�ies of the Planning Commtssion, Parla and Recreacon Commtsslon,Traffb Commisston,Senior Advisory Commission or a Speeial Committea. Please note such inlortnalion on the revarse side of this fartn. Thank you tor your frderest. . THIS FORM IS A MATTER OF PUBLIC RECORD � IF APPOINfED COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS RE4UIRE0 (01/239� . ' ' C�TY OF ARROYO GRANOE • - RESERVOIq OF CRIZENS TO SERVE _Planning Commission - � ' R=CEIYED � _Parfcs and Rec;eation Commission _ CITY OF ARROYO G3AdD� Years Lived in Moya Grande��f�y�.� Tratfic Cammission _ Hegistered Voter at Artayo Grande—T� ,�.sentorAdv�o�ycom�ion 97FE621 Pii 4� 44 _Special Committees (.e.Taen Advisary, q�h8eclural Advisory,eta) . � Y�---�. No_ i IAME /✓/Q/�--�--� -=� /�/iifi��/,.�• /� �/J{.2 vJ�D` ) �C'i HOME ADORESS �� , �,c� _ �-� -.�j � PH E Y�/ ' ?�.� PFESciYf � PpES�N EMPLOYER �' /(1�i�4 POSffION �—' OFFlCE AOORESS � BUSINESS TELEPHONE EDUCATIONP.!BACKC-P.OUNO ' High School��,J �„� `�i� Caliege — .. / _..____- ..._ AOOITIONAL E�UCATIONAL INFOFMATfON • C0�41MUNITY ANO CIVIC INTEnESTS CKGh,�G�i»is,.��ceJ�,�(i��. �G� ' i'i,.�- � - � �� >� ��/!dJ �l i /J�l��J f' -(/-(�u �' /A/j / �/7/`-C G ( AkC�..J 'i i he City Caunc7 woufd fike to have the names of three (3)Arrayo Grande Reterences ' NAME — AOORESS 1. �n"� /!4 �„�. .Y � — �.�(�'� . � , ` �j�.�� gd _ �— 3. [7 ,,./ � ARE YOU WILI!NC TO SERVE ON THE COPdMISSfON ME=CING TIMES SH04VN BEOW: ?lanning Commission, Frst and Third Tuesday of each morrth,7:30 p.ra Yes No_ ?arks and Ree:eation Commissian,Third�Nednesday cf eacb morrth, fi:00 p.m, Yes No ' Tra(fic Commission. Monday previous to 'fhird Tuesday af each month;7�0 p.m •Yes_ No Seniar Advisory Commissian, Frst Wednesday ot each month,7:00 p:m. Yes� No Special Committea (i.e. Teen Advisory.r1rchitectura!Advisory:etc,).Various — meeung tlmes and.dates Y�— Na— ' Stgnature �2G3G�`�/ Oate__ �. �// � /��f The Arroyo Grande City CouncO requests �rMormation abaut your irrterest, (znd educatian, if 2�1'icabie) in sarvirtg art a cammissian, spec�calty your comments and views relative to the rale and respansibTides ot the Planning Commissian, Parks and F[eaeazian Commission, Tr'rf�c Cammission, Senior Acrisary Camnission or a Saecia!Camm:�ee.,P!easa r,ate such irrfnrrratiuc o�c Ltie reveae side oF this form. Thank you for your intecest , �THIS FORM IS A MATTEq aF PUBUC RECOR� . IF App0lrfTEO. COMPL�1pN OF A STATE CONFUCT OF INTEAEST FORM IS REQUIREII CITY OF ARROYO GRANDE � RESERVOIR OF CITIZENS TO SERVE R�fi�fiYE3 Planning Commission ��Ty pp �RR€iY0 G�x�;'='` Parks and Recreation Commission r Tra�c Commission 03 JAN 2 I AN��' S5 Years lived in Arroyo Grande� Senior Advisory Commission • Registered Vot�r of Arroyo Grande Architectural Review Committee ���k;' Yes V No y. Special Committees(Long Range Planning�ommittee, etc.) NAME ��/�tA b, �P,LaY1e l/ AD RESS �p.7(f) Ce�fD UIS� Clr. PHONE '�710 - ZQ�ila PRESENT EMPLOYER��GI vi�IGVA�J POSITIf1N pw�teT BUSINESSADDRESS IO[ �. 1� /'u�C� 57`'. PHONE �'I�l-ZI�I�S EDUCATIONALBACKGROUND Hiah School Pac�iS�eS e�ass c� �F12 Coliege Sccnt�, '�a.r�,sra ��ty �.� dee�, ADDITIONALEDUCATIONALINFORMATION 5 ,�� :�'.e � HD"FPL- I:C5�2liJ/cwl� MdY14cl2AtF/FI- COMMUNITY AND CIVIC INTERESTS The City Council would like to have the names of three(3)Arroyo Grande References: NAME ADDRE3S ,. �a� 1 ��n�� 9�1�{ Mesa 1/i�e� 17�. , 2. � 3. ARE YOU WILLING TO SERVE ON THE COMMISSIONICOMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes_N� Parks and RecreaUon Commission, Second Wednesday of each month,6:30 PM Yes_No_ Traffic Commission,the day(Monday)before the third Tuesday of each month, 7:00 PM Ye�No_ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes—No— Architectural Review Committee First Monday of each month, 3:�5 PM Yes�Jo_ Special Committees(Long Range Planning Committee,etc.)Meeting dates vary Ye�No— Signature�p� Date �-IS'0� The Arroyo Grende City Councii requests informaUon about your interest (and education, if applicable), in serving on a commission or committee, specificaliy your comments and views relaUve to the role and responsibilitles of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, Architectural Review Committee or a Special Committee. Please note such informatlon on the reverse side of this form. Thank you for your interest THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTEO COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED 04/02/0'I CITY OF ARROYO GRANDE � RESERVOIR OF CITIZENS TO SERVE �Planning Commission Parks and Recreation Commission Traffic Commission Years Lived in Arroyo Grande� Senior Advisory Commission • Registered Voter f Arroyo Grande �- Architectural Review Committee Yes � No �� Specfal Committees(Long Range Planning CommRtee,etc.) NAME�ry�����;�„�,t.+�. �1 � ►keb�he.rraer HOME ADDRESS_ �Lh � �u+ land ��I1 r�' PHONE $OS-��l � �� �(� PRESENT EMPLOYER QA, ( BUSINESS ADDRESS �O(� I Y�/. AIVi✓L AYC. �l�Dl II9D PHONE $D5 - Z�' -O[�lo � EDUCATIONAI BACKGROUND ����� �� 9� Hiah School IUoreau Gkal�. �r�,�nl - u� , 1�College 4�i�.;�osc .S�-D.kLLIn.iVeryr`1z.1 oc' �� ADDITIONAL EDUCATIONAL INFORMATION y i$� S aq 'nNP�A0. 9�L(� �/( �.�d5$f� r��l�_�T�i r c� r ,(�'I�.h� � G ,x COMMUNITYANDCIVICINTERESTS �Yl�I,U{5t�(cL i/t (� mun.'fL/ 135tLlLC rP.�Q�l7l� � '� .[�ll.tea�,�vL: A,�,e.L a1-1�Ot,r.e� /' ' �,nT�G-�. �Yt�o �� x.e �2 iuU Lh�irs�n.rv�eri�-xP iSg�at,S . The City Council would Iike to have the names of three(3)Arroyo Grande References: NAME ADDRES3 ,. 1Sd.F�e.l Te.�le�v �-t�5 r2odeo i�-rv� f�rY q��� �A9-Ic j' z. 1/1litun P 1,1�a..LIG�.r a,l.�en u.ltst ➢l6 er_ A� q3�lw i a. �r�.r�l_Ch�les�;P_ �:unm;�-,(fa,�,� u,�.0 !� 93+1z� ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes�L No— �j Parks and Recreatlon Commission, Second Wednesday of each month, 6:30 PM Ye�No_ , Traffic Commission, the day(Monday)before the third Tuesday of each month, 7:00 PM Yes._No_ Senior Advisory Commfssfon, First Wednesday of each month, 3:00 PM Yes�No— ' Architectural Review Committee First Monday of each month,3:15 PM Yes���10_ Special Committees(Long Range Planning Committee,etc.)Meeting dates vary Yes�LN0.— signature b �il�opd,�uQ�t Daie___1_-� - 0,3 The Arroyo Grande City.Council requests informaUon about your interest (and educaUon, If appticable), in serving on a commission or commlttee, speciflcally your comments and views relaGve to the role and responsibiliUes of the Planning . Commission, Parks and Recreatlon Commission, Traffic Commisslon, Senior Advisory Commission, Arch(tectural Review Committee or a Special Committee. Please note such informatlon on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD 1F APPOINTEO. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED 04/02/0'1 , 8.h. o� P�aoy � � uNICORFONATE Y� MEMORANDUM } JU�'! 10. 1111 * c,��FORa�P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY _y�,� ENGINEER �VD SUBJECT: CONSIDERATION OF APPROVAL OF THE REVISED URBAN WATER MANAGEMENT PLAN DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving the 2000 Urban Water Management Pian to address requests of the California Department of Water Resources (DWR). FUNDING: Urban water suppliers are required to adopt an Urban Water Management Plan to be eligible for funding assistance from the Department of Water Resources. The City has applied for grant funding for the Arroyo Grande Basin Groundwater Study. DISCUSSION: State law requires urban water suppliers to adopt an Urban Water Management Plan, which shall be reviewed every five years. On May 22, 2001, the City Council adopted Resolution No. 3529, approving the Year 2000 Urban Water Management Plan ("Plan") and directed the Plan be submitted to the California Department of Water Resources (DWR). The City received an Urban Water Management Plan Review Summary from DWR that identified areas of the Plan that did not address specific required content and needed further clarification. On October 30, 2002, staff met with a DWR representative to discuss their comments. Based on this meeting, a draft of the proposed revisions to the Plan was submitted to DWR on November 25, 2002. The revised plan was tentatively approved by DWR in December 2002. The revisions include a new table showing a Comparison of Current Water Supply and Demand for Normal, Single Dry and Multiple Dry Years and additional language in Section VI Water Shortage Contingency Analysis. During previous dry years, per capita use averaged 190 gallons. This figure was used to generate the demand totals for Table 6 at a projected growth rate of 1%. cinr couNCi� CONSIDERATION OF APPROVAL OF THE REVISED URBAN WATER MANAGEMENT PLAN JANUARY 28, 2003 PAGE 2 The two additional paragraphs in Section VI explain how the existing Municipal Code section addressing water use restrictions will be enforced and the intent of the City to complete a Water Conservation Program in 2003, to address the requirements of Water Code Section 10632 (attached). ALTERNATIVES: - Approve staff's recommendation and adopt the attached resolution; � - Do not approve staff's recommendation; - Modify as appropriate and approve staffs recommendation; or - Provide direction to staff. Attachment: Revised Urban Water Management Plan � RESOLUTION NO. E C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, y COUNTY OF SAN LUIS OBISPO ADOPTING AND DIRECTING THE FILING AND � IMPLEMENTATION OF THE CITY OF ARROYO GRANDE URBAN WATER ` MANAGEMENT PLAN REVISION r f WHEREAS,the Califomia Legislature enacted Assembly Bi11797 during the 1983-1984 � Regulaz Session of the Califomia Legislature (Water Code Section 10610 et. seq.), lmown as the � Urban Water Management Planning Act, which mandates that every urban supplier of water providing water for municipal purposes to more than 3,000�customers or supplying more than 3,000 acre feet of water annually, prepaze an Urban Water Management Plan, the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS,AB 797 required that an initial Plan be adopted by December 31, 1985, after public review and hearing,and filed with the Califomia Department of Water Resources within thirty days of adoption; and WHEREAS,the City of Arroyo Grande did prepare and file said Plan with the California Department of Water Resources after adoption in December, 1985; and WHEREAS,AB 797 requires that said Plan be periodically reviewed at least once every five years,and that the urban water supplier shall make any amendments or changes to its plan which aze indicated by the review; and WHEREAS, the City is an urban supplier of water providing water to more than 5,600 customers, and has therefore prepazed and advertised for public review a draft Urban Water Management Plan Update,in compliance with the requirements of AB 797, and a properly noticed public hearing regazding said Draft Plan Update was held by the City Council on May 22,2001, and a Final Plan was ordered; and WHEREAS, the City of Arroyo Grande has completed the revisions requested by the Department of Water Resources. � NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: � 1. The Revised Urban Water Management Plan Update is hereby adopted and ordered filed with the City Clerk; 2. The City Manager is hereby authorized and d'uected to file with Revised Plan Update with the California Department of Water Resources within 30 days after this date, in accordance with AB 797; 3. The City Manager is hereby authorized and directed to implement the programs as detailed in the adopted Revised Urban Water Management Plan Update, including development of - 18 - � recommendations to the City Council regazding necessary procedures,rules, and regulations to cazry out effective and equitable water conservation programs; On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: Ayes: Noes: Absent: � i The foregoing Resolution was passed and adopted this 28`"day of January, 2003. � f � `s k l � � � i ( � � F4 k - 19 - � � I � a E i � e�E y at i� ; og��coyo ��andE YEAR 2000 URBAN WATER MANAGEMENT PLAN MAY, 2001 � � f r 2001 URBAN WATER MANAGEMENT PLAN TABLE OF CONTENTS � I SECTION I -Plan Adoption, Public Participation, and Planning Coordination . . . . . . . . . . . . . . 1 i PlanAdoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 , Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I Coordination Within the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 � Interagency Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 � SECTION II-The City of Arroyo Grande -History and Water Facilities . . . . . . . . . . . . . . . . . . 2 Climate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Water Treatment and Distribution Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION III-Past, Current, and Projected Water Supply 1980 -2020 and Three-Yeaz WorstCase Supply Projecrions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 GroundWater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Local Surface Water from Lopez Reservoir(Arroyo Grande Creek Watershed) . . . . . . . 4 RecycledWater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Three-Yeaz Worst Case Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Supplemental Water Supplies . . : . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION IV-Past, Current, and Projected Water Use 1980 - 2020 . . . . . . . . . . . . . . . . . . . . . . 8 ResidentialSector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Commercial Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 IndustrialSector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 InstiturionaUGovemment Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Agricultural Sector . . . . . . . . . . . . . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Supply and Demand Comparison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION V- Water Conservation Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 1 - Interior and Exterior Water Audits for Single Family and Multi Family Customers . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 2 -Plumbing Retrofit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 3 -Distribution System Water Audits, Leak Detection, and Repair . . . . . . . . . . . 12 BMP 4 -Metering with Commodity Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BMP 5 -Large Landscape Water Audits and Incentives . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 6 -Landscape Water Conservation Requirements . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 7 -Public Information . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 13 BMP 8 - SchoolEducation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 9 - Commercial and Industrial Water Conservation . . . . . . . . . . . . . . . . . . . . . . . . 13 BMI' 10 -New Commercial and Industrial Water Use Review . . . . . . . . . . . . . . . . . . . 13 BMP 11 - Conservation Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 12 - Landscape Water Conservation for New and E�cisting Single Family Homes 14 BMP 13 - Water Waste Prohibirion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 14 -Water Conservation Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . 14 BMP 15 -Financial Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 16 -Ultra Low Flow Toilet Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION VI- Water Shortage Contingency Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION VII - Recycled Water Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 � System Summary and Previous Reclamarion Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 F SSLOCSD Wastewater Treatment Plant(WWTP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 LIST OF TABLES Table 1: Past Water Supply, 1980 - 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 I Table 2: Projected Water Supply, 2005 -2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 3: Three-Yeaz Worst Case Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 4: Past Water Use, 1980 -2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 � Table 5: Projected Water Usage, 2005 -2020 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Table 6: Comparison of Current Supply and Demand for Normal,Single,Dry and Multiple Dry Yeazs . . . . . . . . . . . . . . . . . . . . .., . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 APPENDICES Appendix A: Adopting Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Appendix B: List of Contact People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appendix C: Excerpts from the Municipal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2001 URBAN WATER MANAGEMENT PLAN Section I Plan Adoption, Pubtic Participation, and Planuing Coordination Plan Adoption The City of Arroyo Grande prepared this update of its Urban Water Management Plan(UWMP) i during the Spring of 200I. The updated plan will be adopted by the City Council in May, 2001 ! (see Appendix A) and will be submitted to the Califomia Department of Water Resources (DWR)within 30 days of Council approval. This plan includes all information necessary to � meet the requirements of the California Water Code, Division 6, Part 2.6 (LTrban Water � Management Planning). Appendix B contains a list of people who were contacted in the development of the plan. I Public Participation The City has involved the public in the Conservation planning process since the development of its first U�VMP in 1985. As in past efforts, a public hearing was held at the regulaz City Council meeting for the current iJWMP. Legal public norices were published in the local press prior to the hearing, and copies of the draft plan were made available at the City Hall. Coordination Within the City Coordination within the City of Arroyo Grande included valuable input&om the Community Development,Building and Public Works Departments. The Community Development Department assisted with long-range land use predicGons and future service needs. The Public Works department provided past and current water use data,billing siructures, and leak audit information. Interagency Coordination The City of Arroyo Grande receives a substantial amount of its water resources from the Lopez Reservoir Project as described in Section II. A number of other agencies in south San Luis Obispo County also receive water from the project. These agencies include the City of Pismo Beach,the City of Grover Beach, Avila Beach,Port San Luis, and the Oceano Community Services District. A technical advisory committee composed of a representative of each agency advises the County Flood Control District in matters pertaining to the Lopez Project. During preparation of the UWMP, the 3-yeaz worst-case supply scenario was based in part on a draft drought contingency analysis prepazed by this committee. In addition, Grover Beach provided a copy of its IJWMP to City Staff for consideration of conservation planning efforts by a neazby community. The Lopez Unified School District was also contacted regazding current education curriculum relating to conservation. - 1 - Section II The City of Arroyo Grande-History and Water Facilities The City of Arroyo Grande is located in the Southern portion of San Luis Obispo County along the banks of the Arroyo Grande Creek. The City, a general law entity, currently incorporates 5.45 squaze miles of land area with primarily residential and agricultural land uses. The City's distinctive chazacter derives from its traditional ties to agriculhue,physical diversity,unique i village, small town atmosphere, and rural setting. The City currently serves a population of I E 15,851 residents through 5,713 metered connections. All coanections to the City's water system : aze metered, and there aze no agricultural or industrial connections. In 2000, the City produced a ; total of 3,384 acre-feet of water. Water supply sources for the City are described below in j Section III -Past, Current, and Project Water Supply. � � Climate The City of Arroyo Grande has a Mediterranean coastal climate with mild, dry summers and cool winters. The average annual precipitation is 16 inches. Water Treatment and Distribution Facilities The City delivers potable water supplies through its pressurized distribution system. The distribution system is composed of 65 miles of distribution mains, five storage reservoirs, and four pumping stations. The City's well system consists of seven wells, chlorination facilities, and a blending facility. Well No. 9 in the City system extracts water from the Pismo Formation, a different aquifer from the other six wells. Raw water from Well No. 9 receives iron/manganese filtration treatment prior to entering into the system. Lopez Project water receives treatment at a County-owned facility and enters the City's system at two metering stations. All City potable water is treated to meet drinking water standazds,regardless of the source of supply. Wastewater treatment is conducted by the South San Luis Obispo County Sanitation District(SSLOCSD) at their Regional Treahnent Facility. _ 2_ Section III Past,Current, and Projected Water Supply 1980-2020 , and Three-Year Worst Case Supply Projections The City of Arroyo Grande has a variety of water sources including ground water, local surface water, and ponded storm water. The City has potenrial additional supplies from water transfer agreements and sub-surface"banking"of surface water supplies. � � Ground Water ; f Prior to 1966,the City's water supply was derived solely from groundwater pumping from the Arroyo Grande Plain, Tri-Cities Mesa(AGP-TC1Vn groundwater sub-basin of the Santa Maria Ground Water Basin. In 1966, the City entered into an agreement with the County of San Luis Obispo Flood Control District to receive a yeazly allocation of 2,290 acre-feet of additional water from the Lopez Reservoir Project as described below. Since then, groundwater has been used as a secondary source of supply,with an average yeazly groundwater extraction of 437 AFY for the time period of 1997 through 2000. Four urban agencies currently extract water from the AGP-TCM basin including the City of Arroyo Grande, the City of Grover Beach,the City of Pismo Beach, and the Oceano Community Services Dishict. Additional basin uses include agriculture and subsurface flow to the Pacific Ocean. The above-referenced urban entiries entered into an informal understanding in 1983 regazding safe well extractions from the basin. This understanding is often refened to as the "Gentleman's AgreemenY' Each entity was allocated a yeazly basin extraction based on a 1979 Groundwater Study performed by the Department of Water Resources and groundwater use preceding the Lopez Project. The City's preliminary entitlement was established at 1,200 AFY. The Department of Water Resources has prepazed an updated groundwater study which possibly could be used to refine safe entitlements. Five of the City's wells (Well No.'s 1, 3, 4, 5, & 8)pump water from the Paso Robles Formation of the AGP-TCM at a casing depth of 200 to 251 feet. Nitrate levels in the raw water&om Well No. 5 exceeds Maximum Contaminant Level. As a result, the raw water is blended with Lopez Project water or other well water to dilute the nitrates. City Well No. 7 (1,000 gpm) extracts water from a casing depth of 580 feet and does not have high nitrate levels. In addition to the water supply obtained from the Paso Robles Formation of the AGP-TCM, Well No. 9 within the City system is capable of extracting approximately 100 AFY from a sepazate basin source-the Pismo Formation. The casing depth for this well is 389 feet, and the well water receives iron/manganese treatment prior to dischazge into the system. Water used for agriculture within the City limits is produced from privately-owned wells and from riparian diversions. The City does not have any agricultural connections to the public water system. The owners of these private agricultural water wells produce 80 to 90 percent of the water extracted from the AGP-TCM sub-basin. The major diversions of surface water occur during irrigation of lands adjoining Arroyo Grande Creek. The Lopez Project is obligated to dischazge up to 4,200 acre-feet of untreated surface water into Arroyo Grande Creek during non- - 3 - � I spill periods. The purpose of this release is to maintain groundwater levels in the wells downstream of the dam and to satisfy downstream vested water rights. Agricultural groundwater pumping rates aze expected to remain relatively.constant in the future. The Lopez Project is currently in the process of amending the Water Rights Application with the 6 State Water Resources Control Board. In conjunction with this application amendment, a � Habitat Conservation Plan is currently in process to address concerns of how the Project manages � the dam releases. This plan is expected to be completed by the end of 2001. Local Surface Water from Lopez Reservoir(Arroyo Grande Creek Watershed) In 2000,the City entered into a new agreement with the County of San Luis Obispo Flood Control District to receive a yeazly allocation of 2,290 acre-feet of water from the Lopez Reservoir Project. The City's allocation accounts for approximately 51% of the available purchased water from Lopez. In addition to its yeazly allocation,the City is also eligible for surplus water from the project. Since that date, an average surplus of 580 acre-feet per yeaz (AF�has been purchased. The minimum surplus available since 1986 occurred in 1991-92, neaz the end of a period of drought, during which the available surplus was 247 acre-feet. The Lopez Reservoir Project receives runoff from the Arroyo Grande Creek Watershed. The capacity of the reservoir is 51,700 acre-feet, and 4,200 acre-feet of untreated surface water is available for discharge into Arroyo Grande Creek as described previously. In a year of average precipitation,the"normal"inflow into the reservoir is 10,730 acre-feet, evaporation is 2,000 acre-feet, and therefore safe yield is 8,730 AFY. During the drought yeazs of 1986 through 1990, the average yeazly inflow was only 4,500 AFY. Using this informarion,the net yeazly reduction in reservoir storage can be calculated as follows: Curface Ctorm Runoff into Recervoir• "Normal"Inflow into Lopez Reservoir= 10,730 AFY "DroughY'Inflow into Lopez Reservoir(1986-90)=4,500 AFY l�emandc on L�ez Recervoir Water: Evaporation=2,000 AFY Available downstream release=4,200 AFY Urban Users=4,530(the City of AG receives 50.5% or 2,290 AFY) Total Yeazly Demand= 10,730 AFY N . Y ar y Deficit in Fxtended Droug_,ht=4,500- 10,730=S2, 0 AFY The minimum pool for the reservoir is 4,000 acre-feet. If this minimum stage of the reservoir is reached and a drought continues, the City of Arroyo Grande will not receive its fu112,290 AFY entitlement,but will continue to receive 50.5% of the safe urban yield. The Lopez Reservoir is currently at 72% of capacity,which equates to 37,400 acre-feet of storage. If an extended drought begins this yeaz, and it is assumed that all water recipients continue to use their full enritlements, the reservoir will reach minimum pool after appmximately 5 years of drought. The County Flood Control District(Zone 3) is currently working on an Urban Management Plan to - 4- implement drought-related demand reduction measures well in advance of the reservoir reaching minimum pool. This plan should be available by the end of 2000. Recycled Water In addition to the domestic supply sources described above, the City operates the Soto Sports � Complex Storm Water Reclamation Project. The pmject includes a forty-acre joint use facility � which serves as a collection point for drainage from a third of the City's azea. Storm water is � collected for the subsequent irrigation of a pazk and seven athletic fields. The estimated irrigation capacity of the system is l00 AFY. The system includes drainage water sumps, an irrigation well, one booster pump stations, and an irrigation system. Wastewater from the City of Arroyo Grande is treated by the South San Luis Obispo County Sanitation District Treatment Plant. Wastewater from several urban enrities is treated by the plant to a secondary-disinfected level and dischazged to the Pacific Ocean. Several studies have been conducted to examine the feasibility of reclamation,but recycled water has not been deemed cost effecrive to date. This topic is covered in additional detail in Secrion VII, Recycled Water Opportunities. The following tables summarize the above-referenced water sources, examine past supply amounts, and project water supply through to the year 2020: Table 1: Past Water Supp1y, 1980-2000 Past Water Supply by Yeaz(acre-feet) Sources of Supply 1980 1985 1990 1995 2000 Ground Water-AGP-TCM Sub-basin 1,200 1,200 1,200 1,200 1,200 Ground Water-Pismo Formation(Well No. 9) 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 2,290 2,290 Surplus Lopez Project Water 600 700 910 500 Soto Sports Complex Reclamation Project 100 100 100 Totals 3,490 4,090 4,390 4,600 4,190 - 5 - � Table 2: Projected Water Supply, 2005-2020 � Future Projected Water Supply by Sources of Supply Yeaz(acre-feet) 2005 2010 2015 2020 � Ground Water- AGP-TCM Sub-basin 1,200 1,200 1,200 1,200 � r Ground Water- Pismo Formation(Well No. 9) 100 100 100 100 ( Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 2,290 � Surplus Lopez Project Water' 250 250 250 250 Soto Sports Complex Reclamarion Project 100 100 100 100 Totals 3,940 3,940 3,940 3,940 Notes: 1. Surplus water is projected conservatively based on the minimum available surplus obtained from 1984 through 1996. The minimum surplus of 250 acre-feet was obtained in 1991-92 at the end of a period of drought. Three Year Worst Case Water Supply In seasons of extended drought, the City of Arroyo Grande could receive a reduced surface water allocation from the Lopez Project. However, current reservoir levels will allow the normal allocation to be obtained over the next three years. For purposes of a worst case supply, it is assumed that no surplus water will be available. Table 3: Three-Year Worst Case Water Supply Three-Yeaz Worst-Case Supply Sources of Supply Projections (acre-feet) Yeaz 1 Year 2 Yeaz 3 Ground Water-AGP-TCM Sub-basin 1,200 1,200 1,200 Ground Water-Pismo Formation(Well No. 9) 100 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 Surplus Lopez Project Water 0 0 0 Soto Sports Complex Reclamation Project 50 50 50 Totals 3,640 3,640 3,640 - 6 - � Supplemeutal Water Supplies In order to offset potential future water shortages due to drought or disaster, the City is considering the following supplemental water supplies: Water Transfers Several entities in San Luis Obispo and Santa Bazbaza Counties aze contractors to the Coastal Branch of the State Water Project. State water is delivered through the existing � Lopez Project pipeline which also serves the City of Arroyo Grande. State Water { Contractors may sell a portion of their water allocation for emergency or stand-by water. In 1990,the people of Arroyo Grande passed Measure A which stipulates that final decisions regarding State Water must be put to a general vote. "Banking"of Surplus Lopez Water in the AGP-TCM Basin � In years with adequate precipitation, a significant amount of surplus Lopez water, even as much as 1,000 acre-feet, is available for purchase by the City of Arroyo Grande. The City has retrofitted one well within the City system to test the possibility of"banking" surplus Lopez water in the AGP-TCM Basin for future shortfalls. If this program is successful, it offers an opportunity to use the groundwater basin conjunctively with the Lopez reservoir to increase the overall yield of the basin. - 7 - Section IV Past,Current, and Projected Water Use 1980-2020 ' Residential Sector In the City of Arroyo Grrande, residential use accounts for neazly 80%of total water consumprion. In 1999, the average use for each single family residence was 400 gallons per day. The average residential(single and multiple family)per capita use, excluding other water use categories,has remained fairly constant over the last four yeazs within a range of 137 to 167 gallons per capita per day(gpcd). Each multi-family water account typically represents more � than one dwelling unit. As a result, use per connection estimates in the multi-family category provide limited information. E A discrerionary water neutralization program has been employed by the City since 1991. The ( Community Development Department conditions residenrial and commercial developers to retrofit existing properties to offset proposed water use. In accordance with the City's General Plan Update,the popularion of the City is expected to increase from 15,851 to 20,000 over the � next twenty yeazs - a growth rate of approximately 1.0%. When compazed to the existing residential azeas, future development in the City is expected to consist of larger lots/homes with proportionately more landscaping. As a result, even though conservation efforts aze expected to ! reduce per capita usage over the next 20 years, these efforts will be partially offset by the larger lots. � � � � Commercial Sector ` i The City of Arroyo Grande has a variety of existing commercial land uses including the following general areas: 1. The Arroyo Grande Village - The Village azea has a small-town, rustic nature and includes such commercial installations as antique and novelty shops,restaurants, i coffee houses,professional offices, and other small retail operarions. ; � 2. Highway 101 Corridor/Grand Avenue-This azea includes larger retail installations for general shopping and commercial needs. 3. Halcyon Road-Predominantly medical-related businesses due to the proximity to � Arroyo Grande Hospital. ! � � 4. Traffic Way-Mostly auto and auto-related commercial uses. � 5. El Camino Real-Auto repair, miscellaneous fabrication and small production { facilities, and a hazdwaze store. g 1 � � � - 8 - � i iI 6. Five Cities Center- This area includes lazge retail operations for general shopping. Industrial Sector The City does not have any vacant land zoned for industrial use. There aze currently no industrial water connections in the City system. InstitutionaUGovernment Sector The City has a slowly growing institutionaUgovemmental sector,primarily local govemment, an elementary school, and a perfomung arts center aze expected to be constructed in the upcoming yeazs. Water use is estimated to increase at the rate of appmximately 0.9%per yeaz. � � Agricultural Sector All agricultural water within the City limits is provided by private wells. The City places a high � value on maintaining agricultural land uses within the City and as a result, it is expected that agricultural ground water pumping will remain fairly constant over the next 20 yeazs. - 9 - E k Table 4: Past Water Use, 1980-2000 Past Water Use by Yeaz(acre-feet) Customer Sector 1980' 1985' 1990 19952 2000' Residential- Single Fanuly -- -- 2,066 1,887 2,375 Residential -Multi-Family -- -- 275 155 197 CommerciaUlnstitutional -- -- 275 310 343 Governmental, System Maintenance -- -- 138 103.5 116 � Landscape Irrigation -- -- N/A 129.2 200 Agricultural -- -- 0 0 0 Industrial -- -- 0 0 0 Unaccounted(losses) -- -- 168 43 153 Totals 1,942 2,683 2,922 2,628 3,384 Notes: 1. Prior to 1988, water use was not reported by customer sector. 2. Per-capita usage was lower in 1995 due to above average rainfall. 3. Per-capita usage was high in 2000 due to below average rainfall. Table 5: Projected Water Usage,2005-2020 Projected Water Use by Year(acre-feet) Customer Sector 2005 2010 2015 2020 Residential- Single Family 2,350 2,470 2,590 2,720 Residential -Multi-Family 160 170 180 190 CommerciaUInstitutional 330 340 360 380 Governmental, System Maintenance 100 100 110 115 Landscape Imgation 160 170 180 190 Agricultural 0 0 0 0 � Industrial 0 0 0 0 Unaccounted for Losses (Assume 5%) 160 170 180 185 � Totals 3,260 3,420 3,600 3,780 Note: The projected water use figures aze based upon a 1% growth rate and a per-capita use of 175 gpd/person. `s , - 10 - Table 6: Comparison of Current Supply and Demand for Normal, Single, Dry and Multiple Dry Yeazs (acre-feet) Current Supply Normal Single Multiple Multiple Multiple &Demand Dry 2 3 4 Supply Total 3936 3686 3686 3686 3686 Demand Total 3300 3500 3537 3573 3608 Surplus or 636 186 149 113 78 (Deficiency) Supply and Demand Comparison � t Tables 1 through 6 compare past, current, and projected water supply and demand. These tables indicate that the City should have adequate water supplies to meet its customers' needs through 2020. In summary, this estimate is based on the following assumptions: • Lopez Reservoir water will continue to be available at current levels. As described previously, the reservoir has storage adequate to survive a 5-yeaz-long drought condirion before minimum pool is reached, and demand reduction measure would be implemented well before that point. • Ground water from the AGP-TCM Sub-basin will continue to be available in accordance with the"Gentleman's Agreement." Ground water from the Pismo Formation will also continue to be available at the current rate. • The City will continue to operate and maintain the Soto Sports Complex Storm Water Reclamation Project. - 11 - Section V Water Conservation Programs BMP 1 - Interior and Exterior Water Audits for Single Family and Multi-Family Customers Over the past 5 yeazs, the City has been engaged in a number of retrofit efforts. Retrofitting is generally performed by developers in order to offset water use anticipated with new commercial or residential construction. This "water neutralization"process is applied as a mitigation measure during the planning process. In June 1997, the City was able to further its efforts towazd implementation of BMP 1 as a result of water neutralization for a 44-acre commercial E development. The mitigation measure for the project indicated that the developer must implement a retrofit prograrn to offset 48 AFY of water use. As part of this effort,the City � identified the top 20%of water users in the residential and commercial sectors. This r identification process was facilitated by a computer database containing categorized metered use data. In the future, the City will continue to make retrofitting efforts through water neutralization a priority as new development continues. The capabilities of the water use data base will allow the City to update the list of top water users in conjunction with the retrofit process. The City will continue to implement this BMP as a mitigarion measure for new development. BMP 2 -Plumbing Retrofit The City has adopted the Uniform Plumbing Code(iJPC)in connection with new construction. As a result, the water-conserving provisions of the UPC, including low flow toilets, aze incorporated into new construction in the City. The City does not consider the retrofit portion of this BMP to be separate from BMP 1. BMP 3 - Distribution System Water Audits,Leak Detection, and Repair The Public Works Department cazefully accounts for water production and use. The City maintains an on-going program of ineter calibration and replacement that tracts the age and calibration frequency of each city meter. Water for flushing operations and other maintenance procedures is also measured and logged. These efforts have produced a system that is consistently under 5% of total producrion in un-accounted-for water(UAVI�. The City has also implemented an on-going capital improvement program for the replacement of older water mains and services. In the future, the City will continue to audit water use and production cazefully in order to maintain the current low levels of UAW. BMP 4 -Metering with Commodity Rates All connections within the City aze metered, and billing is proportional to volume of use. The City will continue to implement this BMP in the future. _ 12 _ BMP 5-Large Landscape Water Audits and Incentives Large landscape users within the City of Anoyo Grande include four pazks, a sports complex, and the Arroyo Grande District Cemetery. Following the 1985 UWMP,the City identified the Soto Sports Complex as a significant irrigation water user and pmceeded with a storm water reclamation project for imgation of the site as described in previous sections. Currently, the cemetery is the lazgest irrigation user with an average consumption of approximately 20 acre-feet per yeaz for 1995 and 1996. As the City engages in additional retrofit programs in conjunction with development,the cemetery and other lazge landscape sites will be idenrified as possible , sources of water neutralization. � BMP 6-Laudscape Water Conservation Requirements The City has not yet adopted a conservation landscape ordinance. However, new development projects are often conditioned to pmvide drought resistant landscaping, install drip irrigation systems, and limit use of landscaping using high water demand. BMP 7- Public Information The City has a fonun to promote water conservation in its newsletter entitled"The Stage Coach Express." The newsletter provides opportunity to inform the public on conservation efforts, retrofit opportunities, and new City conservation policies. Other opportunities for public involvement will occur as an integral part of the Urban Management Plan preparation process. The City will continue to implement this BMP to keep the public awaze of the importance of conservation. BMP 8- School Education During the preparation of this UWMP,the City contacted the curriculum department of the Lucia Maz School District. According the curriculum coordinator,water conservarion education has been incorporated into the various science programs. Implementation of this BMP is expected to continue at its current level. BMP 9- Commercial and Industrial Water Conservation As described in BMP 1, the top 20%of commercial water users in Arroyo Grande have been identified in conjunction with water neutralizarion for new development. The City will continue to identify top commercial users to facilitate the meeting of retrofit requirements. ; BMP 10-New Commercial and Industrial Water Use Review The last lazge vacant commercial property within the City has been developed. When preparing the conditions of approval for this site, the City required water neutralization, conservation landscaping, and other items consistent with this BMP. There aze no industrial connections within the City, and future commercial development will be primarily in-fill on small lots. New commercial installations will be required to comply with UPC requirements for low flow fixtures. - 13 - BMP 11 -Conservation Pricing As described in BMP 4, the City's water billing is by volume of use. A uniform rate(currently 90¢ per 100 cubic feet) is added to a moderate fixed charge and the Lopez charge to form the � total water chazge. The sewer collecrion bill is also billed at a rate depending on the account type of rate, currently ranging from 22¢ to 37¢per hundred cubic feet. ' BMP 12 -Landscape Water Conservation for New and Existing Single Family Homes The City has generally not implemented this BMP for single faznily homes. � F BMP 13 -Water Waste Prohibition Cunently Section 6-7.13 of the City's Municipal Code makes it unlawful for any person to willfully or negligently waste water. BMP 14 -Water Conservation Coordinator Prior to 1991, the City employed a part time conservation coordinator. Due to budgetary constraints, this position was eliminated and conservation duties have been absorbed by the Public Works Department. BMP 15-Financial Incentives Financial incentives for conservation efforts are currently provided by individual developers seeking to fulfill their respective neutralization requirement. These efforts are addressed in the other BMP's. BMP 16-Ultra Low Flow Toilet Replacement The City considers this BMP as an integral component of BMP 1. - 14 - Section VI Water Shortage Contingency Analysis As described in previous sections,Zone 3 of the County Flood Control District is also working on an Urban Management plan that would address rarioning of the City's surface water source. In the event that the surface water source is unavailable for a significant period of time due to an emergency or unprecedented drought, the City will be able to provide an average flow of 340 gallons per capita day from City well water. This figure exceeds fhe typical health standazd of 50 gallons per capita per day. There currently exists Sections in the City's Municipal Code which addresses water use t restrictions which may be implemented during critical water supply conditions. These Sections of the Municipal Code are shown in Appendix C of this 2000 Urban Management Plan. When customers aze notified of a catastroplric interruption of water supplies, sections 6-7.11 and 6-7.13 of the Municipal Code well be enforced. If a customer violate theses codes a police officer will ticket the violator with a bail aznount of$80.00: For the last four years the City has been collecting fee's from development projects and placing them in the water neutralizarion impact fund. This fund has a current fund balance of $595,646.00. The use of this fund is dedicated to implemenring;a new water conservaUon program. This prograzn will specify water use reduction methods. The conservation program will be completed in 2003. The program will.include a watec shortage contingency analysis and address all components of Water Code Section 10632. � f - 15 - Section VII Recycled Water Opportunities As described in previous sections, the City of Arroyo Grande currently recycles storm water for irrigation use at the Soto Sports Complex. This recycled water source is expected to continue as described in Water Supply above. The following secrions focus on the feasibility and applicability of wastewater reclamation to Arroyo Grande. System Summary and Previous Reclamation Studies � The South San Luis Obispo County Sanitation District(SSLOCSD)provides collection, � treatment, and disposal of wastewater for the communities of Arroyo Grande, Oceano, and Grover Beach. The total population served is approxunately 30;000 persons producing an average daily flow of 2.8 million gallons per day. In 1982, and again in 1993, SSLOCSD hired a consultant to study opportwuties to provide recycled water to the surrounding communities. Potenrial uses include agricultural and/or landscape irrigation, groundwater rechazge,habitat restoration, and industrial uses. Unfortunately,the SSLOCSD h�eatment plant is geographically isolated from the potential reclamation customers. As a result, it was generally determined that the scope of capital improvements necessary to treat the wastewater to the required level, transport it to the potential use azeas, and distribute it to the individual customers made the project economically infeasible. In the future, SSLOCSD will continue to seazch for potential reclaimed water users in closer proximity to the treatment plant. SSLOCSD Wastewater Treatment Plant(WWTP) The W WTP utilizes primary sedimentation followed by a conventional activated sludge system to treat incoming wastewater to a secondary-disinfected level prior to dischatge. The effluent is then released to the Pacific Ocean through an outfall line and a diffusion structure. Unfortunately,many of the agricultural and landscape irrigation opportunities for reclamation require a tertiary effluent. For the W WTP to provide tertiary treatment, costly capital improvements would be necessary to provide for filtra6on and additional disinfection. - 16 - APPENDIX A: ADOPTING RESOLUTION � � � , ;, - i� - APPENDIX B: LIST OF CONTACT PEOPLE i - zo - LIST OF PEOPLE CONTACTED DURING PREPARATION OF URBAN WATER MANAGEMENT PLAN Don Spagnolo,Director of Public Works/City Engineer, City of Arroyo Grande, CA Shane Taylor-Public Works Supervisor, City of.4rroyo Grande, CA Lazry Schmidt, Chief Building Inspector, City of Arroyo Grande Kerry McKants, Community Development Director, City of Arroyo Grande, CA Dwayne Chisam, City of Santa Maria, Water Resources Director Christine Ferrera, Zone 3 Contact for SLO Co. Nancy DePue, Lucia Mar School District- Curriculum Coordinator Rob Miller, Civil Engineer, John Wallace&Associates, San Luis Obispo, C:A Rusty Garing, Civil Engineer, Garing Taylor&Associates, Arroyo Grande, CA Rocky Rogers, Utilities Supervisor, City of Pismo Beach, CA � - 21 - , _ _ _.._.. _.__.____._.. APPENDIX C: EXCERPTS FROM THE MUNICIPAL CODE � i � � -22 - Section 6-7.11. i Tnlaw �l a tc• in rf r n P��++h �' c• m rgencv Shortag�. C No person,except a duly authorized agent of the City, sha11 tum the water on or off from any k building or premises, and no person shall tap, cut, or move any water pipe laid in streets or alleys unless pernussion to do so has been granted by the Water Department fumishing the water. In case of fire and during a stated period of water shortage, no person shall take any water from any fire hydrant or street sprinkling tank, and all irrigaring faucets,hose sprinklers, and water shall be immediately tumed off upon an alazm of fire or water shortage and shall not be tumed on again until the fire or water shortage is lmown to be extinguished or tenninated. Section 6-7.1�. TTnlawfiil a tc: W ctingwater, It shall be unlawful for any person to wilfully or negligently waste water. - 23 - 70.a. o� pRROYpC , INCORYONATE � � � ° MEMORANDUM � JULY ID. 1911 * . C���FORN�P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13.24"EXCAVATION, GRADING, EROSION AND SEDIMENT 4 CONTROL" 't F � DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council adopt an ordinance amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control". FUNDING: There are no funding impacts. I DISCUSSION: On September 24, 2002,the City Council directed staff to distribute a proposed ordinance amending Municipai Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control" for a 45 day public comment period. Staff distributed copies to the Chamber of Commerce, the County Library, and the Home Builders Association. Staff also posted a copy on the City's website. No public comments were received. The City Council performed the first reading of the ordinance on December 10, 2002. On January 14, 2003, the City Councii introduced a revised ordinance incorporating comments received from the Coastal San Luis Resource Conservation District. Municipal Code Chapter 13.24 provides standards for grading, excavation, and erosion control for construction projects within the City. Although based on the California Building Code, Chapter 13.24 is tailored to address specific City requirements such as site investigations, inspection criteria and nonconcompliance procedures. The proposed ordinance will update Municipal Code Chapter 13.24 to incorporate erosion and sedimentation control for new development sites and to comply with the current version of the California Building Code. In developing the proposed code revisions, staff reviewed a number of grading ordinances of cities throughout California. Staff also reviewed questions and concems raised by contractors, developers and the public that are not currently addressed. Staff will revise existing standard plans and conditions accordingly to reference the best management practices and/or develop new standards as required. CITY COUNCIL CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13.24 "EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL" JANUARY 28, 2003 PAGE 2 Staff recommends that the City Council adopt the ordinance. The ordinance shall take effect thirty days foilowing the date of adoption. 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. � � � � pRDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF �ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 13.24 REGARDING EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL WHEREAS, to update the subject code section to comply with the current version of the California Building Code Appendix Chapter 33 entitled "Excavation and Grading". WHEREAS, to update the subject code section to comply National Pollution Discharge � Elimination System (NPDES) requirements for stormwater control incorporating best management practices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 13.24 of the Arroyo Grande Municipal Code is hereby amended in its entirety, all as shown in Exhibit A attached hereto and incorporated 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 unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published � and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council ; meeting at which the proposed Ordinance is to be adopted. A certified copy of the full ; text of the proposed Ordinance shall be posted in the office of the Director of � Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the f Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. ! � � � � ORDINANCE NO. � PAGE TWO � . f 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 passed and adopted this day of � 2003. f f � � t � � ORDINANCE N0. � PAGE THREE � � I E i TONY M. FERRARA, MAYOR ' � V ATTEST: I � KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: i � STEVEN ADAMS, CITY MANAGER I APPROVED AS TO FORM: ( � i F TIMOTHY J. CARMEL, CITY ATTORNEY � f � EXHIBIT "A" Chapter 13.24 EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL � 13.24.010 Purpose. � The purpose of this chapter is to safeguard life, limb and property, water quality, ! safety and the public welfare by regulating and controlling grading, clearing and erosion ? on private property. (Prior code § 7-1.01) ( 13.24.020 Scope. This chapter sets forth rules, regulations and minimum standards to control � excavation, grading, erosion and sediment; requires control of all existing and potential conditions of accelerated erosion; establishes administrative procedures for issuance of permits; and provides for approval of plans and inspections during construction and maintenance. All activities subject to subdivision map requirements and/or building permits shall meet these standards. (Prior code § 7-1.02) 13.24.030 Permits required. No person shall do any land disturbance work without first obtaining a permit from the building official except as follows: f A. Isolated area: grading in an isolated, self-contained area if there is no danger � to p�ivate or public property; � , B. Emergency work: work necessary to preserve life or property; provided, however, that when emergency work is performed under this section, the j person performing it shall report the pertinent facts relating to the work to the � building official within fifteen (15) days after commencement of the work and � shall thereafter obtain a permit pursuant to Section 13.24.060 and perform i such work as may be determined by the building o�ciai to be reasonably i necessary to correct any erosion or conditions with a potential to cause ! erosion as a result of the emergency work; i C. Excavation: an excavation which does not exceed one hundred (100) cubic ' yards and is less than two feet in depth, does not create a cut slope higher j than five feet and steeper than two to one (2:1) (see Figure 2 in Section 1 13.24.110); D. Fill: a fill containing only permitted materials less than one-foot deep, placed on natural terrain slope flatter than five to one (5:1), does nor exceed fifty (50) cubic yards on any one site, including stockpiles, does not aiter or obstruct a drainage course, will not be used for structural support or roadways and the area graded or filled does not exceed eleven thousand (11,000) square feet t (one-quarter acre). This exemption shall not apply to a fill within a riparian zone; E. Basements and footings: an excavation below finished grade for basements � and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill except as provided under subsection D of this section, made with the material from such excavation or � exempt any excavation having an unsupported height greater than five feet t after the completion of such structures; F. Cemeteries: cemetery graves; l r i G. Refuse disposal: refuse, individual and/or community sewage disposal sites � controlled pursuant to other regulations; ; H. Wells and utilities: excavations for wells, tunnels or utilities; � I. Exploratory investigations: excavations under the direction of a soils engineer or engineering geologist where such excavation is to be returned to the original condition within forty-five (45) days after the start of work; J. Clearing an area of eleven thousand (11,000) square feet (one-quarter acre) or less on five percent slopes or less; K. Agricultural: normal routine farming activities necessary to manage land, crops and/or animals for food production; L. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations are conditioned by other permits to preclude discharge of � sediments offsite and provided such operations do not affect the lateral � support or increase the stresses or pressure upon any adjacent or contiguous property. (Prior code § 7-1.03) ' I 13.24.040 Hazards. � A. General. No person shall cause or allow the persistence of a condition on any site that could cause accelerated erosion. Accelerated erosion shall be controlled and/or prevented by the responsible person or the property owner by using practices outlined hereinafter as applicable. Additional measures may be necessary, and may be specifically required by the building official when work is on geological unstable areas, thirty (30) percent or steeper slopes, and/or on soils with a severe erosion hazard rating by a USDA Soil Survey. Soil sterilants that last longer than four weeks shall not be used on 2 � ! soils or slopes, which may subsequently need vegetation for erosion and sediment control. B. Where feasible, erosion hazard problems shall be controlled no later than the beginning of the next winter or adverse season. Hazardous Conditions. Whenever the building official determines that any existing excavation or embankment or cut or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel or causes significant impact on the natural resources of the area, the owner of the property upon which the excavation, cut or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the building o�cial shall, within the period specified therein, repair or eliminate such hazard and conform with the requirements of this chapter. No permits of any kind shall be issued if the building official determines that proposed construction work is hazardous to the extent described above, or the work is subject to a major flood hazard dangerous to life or property, and which hazard cannot be eliminated, prevented, or corrected. (Prior code § 7- 1.04) 13.24.050 Definitions. When used in this chapter, the definitions listed hereunder shall have the meanings as specified in this section: "Accelerated erosion" means rapid erosion caused by human-induced alteration of the vegetation, land surface topography or runoff patterns. Evidence of accelerated � erosion is indicated by exposed soils, active gullies, tills, sediment deposits, or slope � failures caused by human activities, including grazing promoted by human activities. � "Access and building envelope" means a delineated area within which all land � disturbances for construction of access and/or building will be confined. i "ApplicanY' means any person, corporation, partnership, association of any type, � public agency or any other legal entity who submits an application to the building official for a permit pursuant to this chapter. "Approval" means a written engineering or geological opinion concerning the � progress and completion of the work. � "As-grade" is the surface conditions extent on completion of grading. { � r "Bedrock" means in-place, solid rock. � 3 ! ( € o- f f � � "Bench" means a relatively level step excavated into earth material on which fill is to be placed. "Best Management Practices (BMPs)" are practices, means, methods, measures, devices, structures, vegetative plantings and/or a combination thereof designed to safely control erosion and sediment so that construction wastes or contaminants from construction materials, tools and equipment are prevented from entering the storm drain system. "Building official" means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. For purposes of this section, the building official shall be the Director of Pubiic Works. "Borrow" means earth material acquired from an off-site or other on-site location for use in grading on a site. i "Clearing" means the removal or vegetation and debris down to bare soil by any method. "Civil engineer' means a professional engineer licensed in the State of California to practice in the field of civil works. I "Civil engineering" means the application of the knowledge of the forces of � nature, principles of inechanics and the properties of materials to the evaluation, design ! and construction of civil works. "Compaction" means the densification of earth and solids or a fill by mechanical t means. � � "Development permiY' means a permit issued for new land use activities, i building, grading, land clearing, subdivision, planned unit development, and/or other � project approval process administered by the City of Arroyo Grande. i; � "Drainage course" mean a well defined, natural or man-made channel which ! conveys storm water runoff either year-round or intermittently. � "Earth material" means any rock, natural soil or fill and/or any combination k thereof. � "Engineering geologisY' means a geologist experienced and knowledgeable in f engineering geology and licensed with the State of California to practice engineering k geology. � o- a � � � ; � I "Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. "Erosion" means the wearing away of the ground surface by the actions of water, wind, ice, gravity, or a combination thereof. ; f "Erosion control specialisY' means a person who is registered in the state or by a " professional society and is capable of preparing erosion and sediment control plans. In the event it is the opinion of the building o�cial such plan requires design of civil works, � the specialist must be licensed as a civil engineer in the State of California. "Erosion hazards" means the susceptibility of a site to erode based on soils, condition and steepness of a slope, rock type, vegetation, and other site factors. "Erosion, sediment and runoff control planning" means the application of the knowledge of erosion and sediment control principles and practices in the investigation and evaluation for use in the design of civil works. "Erosion sediment and runoff control practices" means methods, measures, devices, structures, vegetative plantings and/or a combination thereof designed to control erosion and sediment; to safely contain and/or dispose of storm water runoff; f and to stabilize soils and slopes. r � � � "Excavation" means the mechanical removal of earth materials. "Fill" means the deposit of permitted materials by artificial means. € � ; � "Grade" means the vertical location of the ground surface. 1. "Existing grade" means the grade prior to grading. i 2. "Rough grade" means an approximate elevation of the ground surface i conforming to the approved plan. �i 3. "Finished grade" means the final grade or surface conditions of the site which ; conforms to the approved plan. ' "Grading" means any excavation, filling, leveling, or combination thereof ! (excludes stripping and/or clearing). ; � "Key" means a designed, compacted fill placed in a trench excavated in earth ! material beneath the toe of a proposed fill slope. � � � � NPDES" means National Pollution Discharge Elimination System, the ! national program for controlling discharges under the Federal Clean Water Act. � � f r 5 � i r � "Land disturbance" means clearing, stripping, grading or other manipulation of the natural terrain by manual and/or mechanical means. "One hundred (100) year storm" means a storm with such intensity and duration that its magnitude would only be exceeded on the average once every one hundred (100) years. � "Owner" means the person or persons shown in the county recorder's office as � owner of property. r "Permittee" means the owner, contractor, or any person undertaking land � disturbance activities upon a site pursuant to a permit granted by the building official authorizing performance of a specified activity. t , "Runoff" means the passage of surface water over ground surface. } � ( "SedimenY' means eroded earth material that is carried and/or deposited by � water, wind, gravity or ice and is a major source of water pollution. I k "Site" means a lot or parcel of land or contiguous combination thereof, where ( land disturbance including erosion coritrol, clearing, grading, or construction are perFormed, permitted, or proposed. � "Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. "Soil" means naturally occurring supe�cial deposits overlying bedrock. i "Soil engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering. "Soil engineering" means the application of the principles of soil mechanics in the j investigation, evaluation and design of civil works involving the use of earth materials I and the inspection and testing of the construction thereof. i i "Stabilization" means the prevention of erosion to exposed soil. � "Start of Construction" means the first land-disturbing activity associated with a � construction project. i "Storm Water Pollution Prevention Plan" is a p�an that provides for erosion j control using the specific best management practices to controi sediment and erosion ! on a construction site during and after construction. � 6 � I � _ ( "Stream" means any water course as designated by a solid line or dash and three dots symbol shown on the largest scale of United States Geological Survey map most recently published. "10-year storm" means a storm with such intensity and duration that its magnitude would only be exceeded on the average once every ten years. 'Terrace" means a relatively level step constructed in the face of a graded slope � surFace for drainage and maintenance purposes. "Topsoil" means loose, pliable, organic and fertile earth materials on top of a soil profile, usually the "A" horizons. "Unstable soil" means soil, which in the opinion of the building official, or the civil engineer, or the soils engineer or the geologist, is not competent to support other soil or I fill, to support structures, or to satisfactorify perform the other functioning for which the soil is intended. (Prior code § 7-1.05) 13.24.060 Permit application, plans, specifications and reports required. Except as exempted in Section 13.24.030 of this chapter, no person shall do, cause, permit, aid, abet, suffer or furnish equipment or labor for any clearing, grading, erosion or sediment control work until a permit has been obtained from the building i official by the owner(s) of the property or his or her a�ent. To obtain a permit, the � applicant shall first file an application therefore in writing on a form furnished by the building official for that purpose. i A. Application. The application for a permit must include all of the following items: f 1. Application form; 2. Two sets of the site map and grading plans; E 3. Two sets of the erosion and sediment control plan, where required; I 4. Two sets of the soil engineering report, where required; i 5. Two sets of the engineering geology report, where required; 6. Two sets of the work schedule; 7. Two sets of a vicinity map showing the location of the site in relationship to the surrounding area's water courses, water bodies and other significant geographic features, and roads and other significant structures; 8. Application fees as stipulated in the current issue of the Uniform Building Code; 9. Performance bond or other acceptable security, when required. 10. Two sets of any supplementary material required by the building official. B. Application Form. The following information is required on the application form: 1. Name, address and telephone number of the applicant with date of application; � I 2. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the land disturbing and land filling activities and their respective tasks; 3. Name(s), address(s) and telephone number(s) of the person(s) responsible for the preparation of the site map and grading plan, erosion and sediment control � plan, soil engineering and engineering geology reports; � 4. Signature(s) of the owner(s) of the site or of an authorized representative. C. Permit Issuance. The building official may require that operations and project f designs be modified if delays occur which incur weather generated problems not � considered at the time the permit was issued. ; 1. A separate permit shall be required for each site and cover both excavations � and fills, clearing, grading and erosion control work. � 2. Approval of a permit shall require the abatement of any existing human � induced or accelerated erosion problems on the property. The building official may seek abatement recommendation from local conservation districts, agencies, organizations and/or associations when available. i 3. A permit shall authorize only that work which is described or illustrated on the � approved site plans and specifications. D. Site Map and Grading Plan. Two sets of the site map and grading plan shall be required and shall contain all of the following information: � 1. Existing and proposed topography of the site taken at a contour interval insufficiently detailed to define the topography over the entire site; E I 2. Two contour intervals that extend a minimum of one hundred (100) feet off- E � site, or sufficient to show on- and off-site drainage; � 3. Site's property lines shown in true location with respect to the plan's topographic information; � 4. Location and graphic representation of all existing and proposed natural and man-made drainage facilities; 5. Detailed plans of all surface and sub-surface drainage devices, walls, cribbing, j dams and other protective devices to be constructed with or as a part of the j proposed work, together with a map showing the drainage area and calculations justifying the estimated runoff of the area served by any drain; ! 6. Locafion and graphic representation of proposed excavations and fills, of on- � site storage of soil and other earth material, and of on-site disposal; � 7. Location of existing vegetation types and the location and type of vegetation to I be left undisturbed; i 8. Location of proposed final surface runoff, erosion and sediment control i practices; 9. Estimated quantity of soil or earth material in cubic yards to be excavated, filled, stored or otherwise utilized on-site; ( 10. Outline of the methods to be used in clearing vegetation, and in storing and C disposing of the cleared vegetative matter; � 11. Proposed sequence and schedule of excavations filling and other land disturbing and filling activities, and soil or earth material storage and disposal; � s � If f4 _ _ I 12. Location of any buildings or structures, including wells and sewage disposal facilities on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners which are within four hundred (400) feet of the property or which may be affected by the proposed grading operations; 13. North arrow, written and graphic scales. Specifications shall contain information covering construction and material requirements. E. Grading Requirements. All grading in excess of five thousand (5,000) cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than five thousand (5,000) cubic yards shall be designated "regular grading" unless the permittee, with the approval of the building official, chooses to have the grading performed as "engineered grading." 1. Engineering Grading. A civil engineer authorized by state law shall prepare and sign the reports, plans and specifications required in subsections D and F of this section. f 2. Regular Grading. The building official may require inspection and testing by an � approved testing agency. The testing agency's responsibility shall include, but � , need not be limited to, approval concerning the inspection of cleared areas and ! benches to receive fill, and the compaction of fills. ! When the building official has cause to believe that geologic hazards may be 4 involved, the regular grading operation shall be required to conform to C engineered grading requirements. � F. Preliminary Reports. When required by the building official, each application for a permit shall be accompanied by two sets of supporting data consisting of a ( soil engineering report, engineering geology report, erosion and sediment control � report, and/or any other reports necessary. During grading, ali necessary reports, compaction data, soil engineering, engineering geology and erosion and sediment control recommendations, in accordance with best management practices, shall be submitted to the civil engineer and the building official by the soil engineer, the engineering geologist, and the erosion control specialist. 1. The civil engineering report when required, shall include, but not be limited to: a. Hydrological calculations of runoff for ten (10) year and one hundred (100) year storm frequencies and comparison of runoff without and with project; b. Inspection and approval as to establishment of lines and grades, design criteria for corrective measures, including the existing and/or required safe storm drainage capacity outlet of channels both on and off-site; and c. Opinions and recommendations covering adequacy of site to be developed by the proposed grading. 2. The soil engineering report, when required, shall contain, but need not be limited to, all the following information: a. Data regarding the nature, distribution, strength and erodibility of existing soils; b. Data regarding the nature, distribution, strength and erodibility of soil to be placed on the site, if any; 9 c. Conclusions and recommendations for grading procedures; d. Conclusions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is completed; � e. Design criteria for corrective measures when necessary; f. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading. 3. The engineering geology report when required, shall contain, but need not be limited to, the following information: a. P,n adequate description of the geology of the site; b. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; c. Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading; d. Need for subdrains or other underground drainage devices. � 4. A stormwater pollution prevention pian (SWPP) plan, when required, shall i incorporate the best management guidelines or requirements for stormwater � management that have been defined or adopted by any federal, state, regional, � county and/or City agency. The plan shall contain, but need not be limited to, t the following information: a. A delineation and brief description of the practices to retain sediment on the � site, including sediment basins and traps, and a schedule for their maintenance i and upkeep; � b. A delineation and brief description of the best management practices for � surface runoff and erosion control practices to be implemented, including types � and methods of applying mulches, and a schedule for their maintenance and � upkeep; ' i c. A delineation and brief description of the vegetative practices to be used, f including types of seeds and fertilizer and their application rates, the type, i location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep; � d. The tocation of all the practices listed above shall be depicted on the grading I plan, or on a separate plan at the discretion of the building o�cial; i e. An estimate of the cost of implementing and maintaining all erosion and sediment control practices. 5. Work Schedule. The applicanY must submit a master work schedule showing I the fol►owing information: ! a. Proposed grading schedule; f b. Proposed schedule for installation of all best management practices for interim and permanent erosion and sediment control ; a Schedule for construction of final improvements, if any. 4 G. Engineered Grading. It shall be the responsibility of the civil engineer who � prepares the approved grading plan to incorporate all recommendations from the � � 10 � i r I � soil engineering and engineering geology, and erosion and sediment control reports into the grading plan after approval by the building official. H. Notification Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soil engineer, the engineering geologist, the erosion control specialist, or the testing agency find that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the building official. Recommendations for corrective measures, if necessary, shall be submitted. I. Transfer of Responsibility for Approval. If the civil engineer, the soils engineer, the engineering geologist, the erosion control specialist, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for approval upon completion of the work. � J. Final Reports. Upon completion of the rough grading work and at the final i completion of the work, the building official may require the following reports and ; drawings and supplements thereto: � 1. An as-built grading plan prepared by the civil engineer, including original i ground surface elevations, as-graded ground surface elevation, lot drainage � pattems and locations and elevations of all surface and sub-surface drainage f facilities, and providing approval that the work was done in accordance with the � final approved grading plan; ; 2. A soil grading report prepared by the soil engineer, including locations and E elevations of field density tests, summaries of field and laboratory tests and other [ substantiating data and comments on any changes made during grading and ; their effect on the recommendations made in the soil engineering investigation � report, and providing approval as to the adequacy of the site for the intended use; 3. A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan, and providing approval as to the i adequacy of the site for the intended use as affected by geologic factors; 4. A stormwater prevention pollution report includes a description of the erosion, � sediment and runoff control practices applied on the site, inciuding any new � information disclosed during site development and the effect of same on i recommendations incorporated in the apptoved grading plan, noting any changes required, and providing approval as to the adequacy of erosion and ! sediment controls. � K. Final approval shall not be given until all work, including installation of all s drainage facilities and protective devices, all erosion and sediment control, and � vegetative measures, has been completed in accordance with the approved � plans and the required reports have been submitted. � �t � i i � L. Executed contract(s) or deed restrictions requiring maintenance and upkeep of � final plan runoff and erosion control practices for as long as the building official f determines necessary and as approved in the erosion and sediment control pian. � M. Variances. A request for variance from the provisions of this chapter, the � permit conditions, or the plan specifications may be approved, conditionally approved, or denied by the building official. A request for a variance must state � in writing the provision to be varied, the proposed substitute provision, when it would apply and its advantages. N. Work Time Limits. The permittee shall fully pertorm and complete all the work required to be done within the time limits specified. If the permittee is unable to complete the work within the specified time prior to the expiration of the permit, a request shall be presented in writing for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the building official, an extension is warranted, additional time may be granted for the completion of the I work. (Prior code § 7-1.06) � 13.24.070 Fees. � A. Plan-Checking Fee. For excavation and fill on the same site, the fee shall be � based on the volume of the excavation or fill, whichever is greater. Before accepting a � set of plans and specifications for checking, the building official shall collect a plan- � checking fee. Separate permits and fees shall apply to retaining walis or major drainage structures as indicated elsewhere in this code. There shall be no separate charge for ; standard terrace drains, erosion and sediment controls and similar facilities. The ; amount of the plan-checking fee for grading plans shall be as set forth in the latest version of the California Building Code Appendix Chapter 33 entitled "Excavation and Grading". The plan-checking fee for a grading permit authorizing additional work to that i under a valid permit shall be the difference between such fee paid for the original permit and the fee shown for the entire project. � B. Grading Permit Fees. A fee for each grading permit shall be paid to the ; building official as set forth in the latest version of the California Building Code Appendix Chapter 33 entitled "Excavation and Grading". The fee for a grading permit authorizing additional work to that under a valid permit shall be the i difference beiween the fee paid for the original permit and the fee shown for the entire project. 13.24.080 Bonds and securities. The building official may require bonds in such form and amounts as may be ; deemed necessary to assure that the work, if not completed in accordance with the [ approved plans and specifications, will be corrected to eliminate hazardous conditions. � 12 � ; � i � � i In lieu of a surety bond the applicant may file a cash bond or instrument of credit with � the building official in an amount equal to that which would be required in the surety bond. f � The surety bond, or in lieu thereof, less the costs of remedial work, if any, shall f be released when the building official determines that the best management practices ( for erosion and sediment control practices have permanently stabilized the site, but not � later than eighteen (18) months after installation of all permanent erosion control practices. (Prior code § 7-1.08) � 13.24.090 Design standards for cuts and excavations. � Unless otherwise recommended in the soil engineering and/or engineering � geology reports approved by the building official, cuts and, excavations shall conform to the provisions of this section. i A. The slope of cut surface shall be no steeper than is safe for the intended use. ; Cut slopes shall be no steeper than two to one (2:1), horizontal to vertical. Due 1 to individual site soils and geology, flatter and shorter slope lengths may be � required, or steeper and longer slope lengths may be allowed upon review by the ; building o�cial when he is presented with evidence that this is consistent with � the building and safety. Cut slopes shall be rounded off so as to blend in with 4 natural terrain. , B. Stockpiles. Stockpile material for trenches and pits shall not be adjacent to the i excavation and shall promptly be backfilled and compacted into trenches and � pits. Excavated material not needed at the site will be disposed of as approved � by the building officiaL f I C. Vegetative Protection. All earth cuts shali be plantetl with temporary and permanent vegetation or othervvise protected from the storm runoff erosion within ; thirty (30) days of the completion of final erosion control and grading work. � Planting shall be watered or irrigated to establish a root system before the rainy season, if determined necessary by the building official. (Prior code § 7-1.09) k 13.24.100 Fills. Unless otherwise recommended in the soil engineering and/or engineering geology reports approved by the building official, fill shall conform to the provisions of ; this section. In the absence of an approved soii engineering report, these provisions � may be waived for minor fills not intended to support structures. € i , i A. Fill Location. Fill shall not be constructed on natural slopes steeper than two � to one (2:1). The area beyond the toe of the fill shall be sloped for sheet overFlow � or a protected drain shall be provided. � � � i 13 j � � � B. Fill Slopes. The slope of fill surfaces can be no steeper than is safe for the � intended use. Fill slopes shall be no steeper than two to one (2:1). Due to � individual soil properties, shorter and flatter slopes may be required or steeper � and longer slopes may be allowed upon review by the building official if he or she is presented with evidence that the deviations are consistent with stability and � safety. Fill slopes shall be rounded off so as to blend with the natural terrain. � C. Ground Preparation. Natural ground surface over which fills are planned shall first be cleaned of all trash, vegetation, stumps, debris, noncomplying fill, and other unsuitable materials and shali be scarified prior to the placement of the fill. � Topsoil shall be removed and stockpiled for use in final grading. Where slopes are five to one (5:1) or steeper and height is greater than five feet, a bench ten (10) feet wide minimum, as determined by the soils engineer, shali be dug into undisturbed, solid competent soil or bedrock beneath the toe of the proposed fill. ( The bench must be inspected and approved by the soils engineer and/or i engineering geologist as a suitable foundation before placing fill. The area � beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. � D. Materials Permitted. Only permitted material free from tree stumps, � detrimental amounts of organic matter, trash, garbage, sod, peat and/or similar � materials shall be used. Rocks larger than twelve (12) inches in greatest ; dimension shall not be used unless the method of placement is properly devised, � continuously inspected and approved by the building official. Rock disposal areas shall be delineated on the grading plan. The following shall also apply; 1. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. 2. Rocks shall be placed so as to assure filiing of all voids with fines. Topsoil is to be used in the top twelve (12) inch surFace layer to aid in planting and landscaping. ; E. Compaction of Fill. All fills shall be compacted to a minimum relative dry ; density of ninety (90) percent as determined by ASTM D-1557-78 or UBC , Standard No. 70-1. Field density verification shall be determined in accordance ', with UBC Standard No. 70-2 or by an approved equivalent. A higher relative dry � density and/or additional compaction tests may be required at any time by the building o�cial. F. Vegetative Protection. All earth fills shall be planted with temporary and permanent vegetation or otherwise protected from the effects of storm runoff j erosion within thirty (30) days of the completion of final grading, and planting ! shall be watered or irrigated to establish a root system, if determined necessary I by the building o�cial. (Prior code § 7-1.10) � ia � € 13.24.110 Design standards for cut and fill setbacks. The setbacks and other restrictions specified by this section are minimum and may be increased by the building official or by the recommendation of the civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from depogition or erosion, or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the building official. A. Setbacks From Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope-rights and � easements, in accordance with Figure No. 1 and Table No. 70-C. � B. Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) � and structures shall be provided in accordance with Figure No. 2. M' � ' . Tw� .' . . � 9�� • i � • .r.c�n ca«sm� ` � ' rA TO< 9� � �� x . i I � x.mtiarr�ma,e. . � ; -r..��sa.�+n • . . . i _ F FIGURE NO. 1 � TABLE NO. 70-C REQUIRED SETBACKS FROM PERMIT AREA BOUNDARY (IN FEET) 'Additional width may be required for interceptor drain. SETBACKS H a b' Under5 0 1 5 — 30 H/2 H/5 Over 30 15 6 'Additional width may be required for interceptor drain. 15 �a . �m.. � ��a� �`� ` 1 � ���� , �,a.� L w^ea rxa:a emca�s.n. FIGURE NO. 2 C. Stream and Riparian Setback. Tops and toes of cut and/or filled slopes shall be set back far enough to prevent encroachment upon streams, flood plains, or channels, or body of standing water to provide and maintain an undisturbed protective strip between the grading and the riparian corridor. This strip shall have sufficient filter capacity to prevent degradation of water quality, as determined by the erosion and sediment control specialist and approved by the building official. If it is determined that the filter capacity of the protective strip is insufficient, or development activity will encroach upon riparian zones, additional setback distance and/or erosion control practices may be required. D. Retaining Walls. Retaining walls, when keyed into stable foundations and � capable of sustaining the design loads, may be used to reduce the required cut and fill setbacks when recommended by the civil or soils engineer, or engineering geologist and approved by the building official. E. Other Restrictions and/or Minimums. Other requirements may also be increased or relaxed upon review by the building official if he or she fnds the deviations consistent with safety and stability and to provide access for slope maintenance and drainage. (Prior code § 7-1.11) 13.24.120 Design standards for drainage and terraces. Drainage facilities and terraces shall conform to the provisions of 4his section unless otherwise indicated on the approved permit and plans. Site developr�en4 shall � have no adverse impacts on adjacent and downstream locations. If adverse ompacts are identified, off-site erosion, sediment and flood control.improvements to the drainage way will be required to eliminate the adverse impacts. A. Runoff Calculations. The approved plans shall show by 4able and/or calculations the peak rate of storm runoff both before and after �evefopment. To eliminate adverse impacts of runoff and sediment, a co�bi�ia4ion of storage, infiltration, and controlled release of storm water runza� �nay be required. 16 Calculations may be required to demonstrate that the cumulative effects of ' tributary flows will not have an adverse effect upon ultimate peak discharge through a channel due to modifications to the channel resulting from the retarding. B. Drainage Facilities. 1. Disturbance of natural drainage ways shall be kept to a minimum and existing drainage courses shall not be obstructed or obliterated without mitigating measures installed that have been approved by the building official. Grading equipment shall not disturb cross flowing streams unless absolutely necessary and only with prior approval from the building official. It is the responsibility of the permittee to secure any additional permits from agencies exercising jurisdiction over the stream. 2. Whenever a grading operation obstructs or impairs the flow of runoff in an existing drainage course, a culvert, bridge or other suitable drainage facility designed and acceptable to the building official shall be instailed to convey the � flow past the point of impairment. 3. No construction materials or construction by-products shall be discarded in � any drainage way or riparian zone. 4. Drainage facilities, including paved, rock or vegetative channefs, culverts or pipe drains, shall be designed to safely carry existing and potential off-site runoff from a fully developed area upstream, as well as local on-site surface and subsurface waters to the nearest adequate drainage course designated for such purposes by the building official and/or other appropriate jurisdiction as a safe place to discharge such waters. Properly designed energy dissipators may be required at the point of discharge. 5. Culvert size and materials shall be determined by the civil engineer in accordance with standard design criteria and as approved by the building official. Minimum diameter shall be eighteen (18) inches. 6. Cuts, fills and retaining walls shall have subsurface drainage facilities as necessary for stability. 7. Berms, ditches, interceptor drains, or swales shall be constructed at the top of cut and filled siopes for protection against water runoff. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty (40) feet measured horizontally. Interceptor drains shail be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and a minimum paved width of thirty (30) inches measured horizontally across the drain. The slope of drain shall be approved by the building official. Energy dissipators may be required by the building official. 8. A minimum five percent grade between approved storm drainage facilities and all building pads, yards, roof drains and driveways is recommended. Building pads shall have a drainage gradient of two percent toward approved drainage facilities, unless waived by the building official. t� Exception: The gradient from the building pad may be one percent if all of the following conditions exist throughout the permit area: a. No proposed fills are greater than ten (10) feet in maximum depth. b. No proposed finish cut or fill slope faces have a vertical height in excess of ten (10) feet. c. No existing slope faces, which have a slope face steeper than ten to one (10:1), horizontally to vertically, have a vertical height in excess of ten (10) feet. � C. Terraces. Terraces at least six feet in width shall be established at not more � than thirty (30) foot vertical intervals on all cut or fill slopes to control surface � drainage and debris except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one terrace at approximately mid- height shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shail be designed ; by the civil engineer and approved by the building official. Suitable access shall be provided to permit proper cleaning and maintenance. j Swales or ditches on terraces shall have a minimum gradient of five percent and � must be paved with reinforced concrete not less than three inches in thickness or �� an approved equal paving. They shali have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A singte run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand (13,000) square feet (projected) without discharging into a down drain. (Prior code § 7-1.12) 13.24.130 Design standards for erosion and sediment control. During site planning, access and building envelopes should be arranged so as to minimize disturbance of particularly erodible areas. These plans shouid reflect the arrangement and specifically stipulate areas to remain undisturbed. All streams, flood plains, channels, bodies of standing water, or other riparian areas shall be identified and delineated on the development plans. If it is determined that certain development activities in or near the riparian zones would be detrimental, those activities may be prohibited. Exposed soil and slopes shall be protected from erosion by temporary and/or permanent measures. As soon as possible and feasible following completion of each stage of grading and/or construction, all sites will be permanently stabilized by instailing all required � erosion and sediment control practices to insure protection before the normal beginning � date of winter or adverse season. ; A. Structures on existing slopes exceeding thirty (30) percent shall utilize pole, ; step or other such foundation that does not require mayor land disturbances. , 18 B. Runoff Control. Where concentrated runoff will occur, it shall be carried in pipe � or culvert conduits or over a nonerodibie surface (paved, rocked or vegetated) to stable discharge points clearly shown on the devefopment plans. All conduits must have proper energy dissipators at the point of discharge when necessary to prevent erosion. C. Building Site Runoff. Runoff from buildings, roads, driveways and the total site � area shall be controlled by berms, swales, ditches, structures, vegetative filter � stops and/or catch basins to prevent the escape of sediment from the site. � f D. Vegetative Removal. Development plans shall indicate the areas where vegetation is to be removed and replaced within the building and access envelopes. Vegetation removal shall be limited to that amount necessary and as indicated on the approved development plan. The method and time shall be such that the erosive effects are minimized. ; € E. Vegetative Disposal. Vegetation removed during clearing operations shall be t disposed of in a manner approved by the building official and in compliance with � all State, Federai and local laws. Burning requires a separate permit through the Air Pollution Control District to ensure compliance with local air quality standards. No long branches or charred pieces shall be permitted to remain. F. Topsoil. To promote regrowth of vegetation, topsoil graded from cuts and fills and/or secured from other sources shall be stockpiled and/or reapplied upon completion of grading on slopes steeper than four to one (4:1). Soil stockpiles shall be protected from erosion at all times. G. Vegetative Protection. When needed and planned, all bare slopes and/or disturbed areas will be planted to both temporary and permanent vegetation as each stage of grading is completed. Sufficient temporary, rapid growing vegetation to stabilize the soil will be used until the permanent vegetative cover grows or matures enough to provide permanent stability. H. Winter and/or Adverse Season Operations. 1. Land disturbance or development operations may be restricted or temporarily halted during the normal winter or rainy season, and/or other times whenever the building o�ciai determines that the weather, soil, slope and general site conditions may cause serious accelerated erosion or sediment damage, either on-site or downstream. Existing ground cover shall not be cieared, destroyed, burned or disturbed more than fifteen (15) days prior to grading or construction work, unless approved in advance by the building official. 2. Plans for temporary and/or permanent erosion and sediment control shall be approved by the building official forty-five (45) days prior to October 15`". All 19 3 t � � approved erosion and sediment control best management practices shall be installed by October 15'". 3. Any land development work between October 15`" and March 15`" sha�l be in accordance with the approved best management practices during any land disturbance, and applied to all soils bared at the end of each working day. An adequate reserve supply of erosion control materials shall be kept on the site at all times to be installed immediately by the permittee upon advent of any rainfall, winds, or other storm event that may be expected to cause accelerated erosion. 4. All cut and fill slopes, except sand slopes or dunes, without satisfactory vegetative cover between growing seasons shall be mulched with a minimum of four thousand (4,000) pounds of straw or equivalent per acre of slope surface. Mulch will be anchored to the slope by punching or tacking into the soil or with netting installed over the mulch. Additional mulching and/or other anchoring � methods as recommended by the erosion controi specialist may be required by = the building official. j 5. Within ten (10) working days after seeding, fertilizing and/or mulching, when � required by the building official due to climate or drought conditions, the permittee will commence irrigation or watering of the seeded areas or slopes and shall continue until the rains come and/or a vegetative ground cover is permanently established. All other erosion and_ sediment control practices shall be installed prior to seeding and mulching. 6. All best management practices for erosion and sediment control practices shall be closely monitored throughout the winter and/or rainy season and problems corrected promptly. All erosion and/or slippage of cut and fill banks shall be repaired by the permittee at his or her expense. I. Dust from grading operations must be controlled. The permittee may be required to keep adequate equipment on the grading site to prevent dust problems. J. Erosion Control Coordination with Project Installation. 1. All vegetative and/or structural measures required to safely discharge any accelerated runoff generated by the project shall be scheduled for installation during the first or initial construction phase of the project. 2. Land shall be developed in units of workabie size, which can be completed in � a single construction season. Best management practices for erosion and ; sediment control measures shall be coordinated with a sequence of grading operations and all appropriate best management practices shall be put in effect prior to the commencement of the next work unit and/or winter or normal rainy , season. Prior to completion and final acceptance of the project, all erosion � control measures must be in place and all exposed bare soil shall be mulched, fertilized and planted to a permanent vegetative cover. Native or naturalized vegetation shall be used. Upon recommendation by the erosion control specialist, the building official may require watering of planted areas to initiate and assure growth. 20 K. Livestock. Where necessary to assure that water quality is not affected by the keeping of livestock, vegetative buffer and/or filter strip shall be established on all downhill sides of areas where livestock is kept. The width of the buffer strip shall be determined by the erosion control specialist. Also, additional erosion and sediment control practices may be required by the building official to control runoff and pollution from the areas where livestock has destroyed and torn up the protective vegetation. L. Maintenance. All on-site erosion control facilities shall be properly maintained by the owners for the life of the project so that they do not become nuisances with stagnant water, heavy algae growth, insect breeding, odors, discarded debris, and/or safety hazards. Vegetative maintenance required may include mowing, fertilization, irrigation and/or reseeding. (Prior code § 7-1.13) � I 13.24.140 Inspections and compliance. � Excavation, grading, filling, clearing and erosion control work for which a permit is required shall be subject to inspection by the building official. The building official may require supervision, regular inspection, and special testing be performed and certified by the civil engineer (or other professional) who prepared the approved plan; and the civil engineer shall also be responsible for the inspection and approval of work within his or her area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The building official may also require special supervision, inspection and testing be done by an independent, approved testing agency to ensure compliance with this chapter, the permittee's permit concerns, and/or in accordance with the provisions of Sections 306 of the UBC and Section 13.24.060 of this chapter. The building official shall inspect or provide for adequate inspection of the ; project by appropriate professionals at the various states of the work requiring approval, and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants. A. Inspections Required. The following inspections shall be required, but not limited ta 1. Pre-site inspection to determine the suitability of the proposed project , and the existing and potential erosion and sediment hazards; 2. Periodic ongoing project operations progress, including compaction and special testing as may be required by the approved plan; 3. Final inspection determining compliance with terms. and conditions of this chapter and permit. Final approval shall not be given until all work, zt including installation of all drainage facilities and their protective devices and all erosion control measures, has been completed in accordance with the final approved plan and the required reports have been submitted. B. Notification. The permittee shall notify the building official two working days prior to the beginning of the operation authorized by the permit, two working days before the project is ready for final inspection, and one complete working day prior to any other inspection or testing requested by the permittee. C. Right of Entry. Filing for a permit under this chapter constitutes a. grant of permission for the city to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the erosion control maintenance period. If necessary, the building o�cial shall be supplied with a key or lock combination, or permitted to install a city lock. D. Notice of Violation Recordation. Whenever the building official determines that work has not been completed in accordance with a permit or the plans and specifications relating thereto, or whenever the building official determines that work has been done without the required permit, the building official may record a notice of violation. The owner(s) of the property, as revealed by the assessment roll on which the violation is situated, and any other person responsible for the violation shail be notified of the recordation, if their address is available. If the responsible party fails to act in response to written notification of the building official, an erosion problem may be declared a public nuisance and may be abated according to procedures in the city code. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, other body of water, or private or public property, the building official may have the necessary corrective work done and then bill the responsible party or place a lien against the offending property. E. Additional Procedures to Remedy Unauthorized Grading Without a Permit--Finding and Declaration. The city council finds and declares that unauthorized grading without a permit often results in soil erosion, drainage, visual and other destructive long-term impacts which are not satisfactorily alleviated or corrected by the usual enforcement procedures. such as criminal violations or judicial proceedings concerning public nuisances. Further, such grading often causes harm unique to the graded parcel and the properties surrounding it, and the long-term correction = measures for each such unauthorized grading requires detailed � consideration and formulation, usually after formal public hearings. k; 2z �: I, � i � 1. Upon discovery of unauthorized grading without a permit, the building official shall, where feasible, contact the owner of the property upon which the grading occurred, and the person who did the grading. if the building � official and the owner and contractor can agree within thirty (30) days upon a remedial program, which can be accomplished in no more than ninety (90) days, no further city action shall be reqwred at that time. The building I official shall obtain a cash bond from the owner or contractor, payable upon i request, and a right-of-entry form signed by the owner to guarantee the ! city's right to do the remedial program as agreed if not done by the owner i or contractor within the agreed time period. ' 2. If the building official cannot reach such a satisfactory agreement, he shall, within thirty (30) days, submit a detailed report and recommendations to the city manager and city council requesting the initiation of formal council proceedings under the city's nuisance abatement ordinance to abate the public nuisance created on the premises by the unauthorized grading. The object of such proceedings shali be the ordering of corrective measures, subject to the city's power to coRect the problem and place a lien upon the real property for ali costs of correction. For purposes of the nuisance abatement proceedings, the council declares that unauthorized grading without a permit is a public nuisance, per se. (Prior code § 7-1.14) 23 o� pRROYpC 7�■b■ F IMCONPOR�TED � u ° m # .exr �o. mi * I � MEMORANDUM '�1FORN�P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER�— SUBJECT: CONSIDERATION OF ISSUANCE OF GENERAL OBLIGATION BONDS FOR EXPANSION OF FIRE STATION DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council: A. Adopt the attached resolution declaring the City's intention to sell bonds in the amount not to exceed one million nine hundred thousand dol�ars ($1,900,000), fixing the time and place for taking bids and publication of notice inviting bids; and B. Adopt the attached resolution providing for the issuance of the General Obligation Bonds. FUNDING: The estimated cost of the Fire Station Expansion project is $1,733,000. All costs for the Fire Station Expansion project will be funded from proceeds of the General Obligation Bonds. This results in a total General Obligation Bond issuance of$1.9 million. The cost breakdown is as follows: Construction Fund $1,733,000 Underwriting Fee (1.25% max) 23,750 Financial Advisor/all printing & mailing 25,000 Bond Counsel/Disclosure/Disbursements 36,000 Bond Rating 8,000 Trustee (initial fee+first year's fee) 5,000 Contingency 69.250 Total $1,900,000 DISCUSSION: The City of Arroyo Grande Fire Station was constructed in 1980. At that time, it served an all-volunteer and part-time fire force. The facility now houses staff on a 24-hour basis with one paid chief, three paid captains and stipends for volunteers on assigned shifts. Two new paid engineer positions will be added CITY COUNCIL GENERAL OBLIGATION BONDS FOR FIRE STATION EXPANSION JANUARY 28, 2003 PAGE 2 January 1, 2003 and plans include the addition of a third engineer in FY 2003- 04. Since the station was constructed, call volume has increased by approximately 723%. As a result, a number of needs for the facility now exist that were not accommodated when it was first built. In April 2002, DMG-Maximus completed a Facility and Staffing Needs Assessment of the City of Arroyo Grande Fire Department. The independent study found the existing station to be substantially undersized anii identified a number of unmet facility needs. A Fire Station Expansion Feasibility Study was completed by RRM Design Group in May 2002, which presented two expansion design altematives to address each of the needs identified. The results of the Fire Station Expansion Feasibility Study were presented by RRM Design Group at the May 28, 2002 City Council meeting. The design alternative selected by the City Council will provide 5,779 additional square feet, primarily through the addition of a second floor to the existing Station. The facility needs identified that will be addressed by the expansion include the following: ■ Sleeping and multi-gender shower/restroom facilities ■ Medical clean-up area ■ Turnout room ■ Diesel exhaust removal/elimination system ■ Additional training classroom space ■ Fire sprinklers ■ Seismic retrofit ■ Apparatus bay expansion At the June 25, 2002 and July 9, 2002 meetings, the City Council adopted a resolution determining the need for the expansion and improvement of the existing Fire Station and an Ordinance calling a special municipal efection for the submission of a General Obligation bond measure, which became Measure O- 02. Measure 0-02 passed on November 5, 2002 by 72.43%, which met the two- thirds voter approval required. The City's financial advisor and bond counsel have recommended proceeding with issuance of the bonds at this time to take advantage of existing low interest rates and to receive initial property tax revenue for debt service payments in FY 2003-04. Upon approval of the two resolutions for bond issuance and the notice inviting r` bids for the bonds, the preliminary official statement and notice inviting bids will (' be mailed to potential bidders for the bonds. These will include all the major I; brokerage firms and banks active in the California tax-exempt bond market, ,,; certain institutional investors and any other parties requesting bidding materials. i' The bond sale will be advertised in the national Bond Buyer and in the local newspaper. On February 11`", sealed bids will be received by the City's financial ' advisor for the bonds at the offices of bond counsel in Newport Beach. The bids ' CITY COUNCIL GENERAL OBLIGATION BONDS FOR FIRE STATION EXPANSION JANUARY 28, 2003 PAGE 3 � will be checked for conformance with the Notice Inviting Bids and the winning bid will be declared, which will be the bidder bidding the lowest total interest cost over the life of the bond issue. Following award of the bonds, the final official statement is distributed to the winning bidder and bond closing takes place when the City receives the proceeds to expand the fire station. The City Council is being requested to adopt two resolutions in order to approve issuance of the bonds. The first resolution declares the City's intention to sell bonds, which will accomplish the following: • Authorizes the publication of and approves the form of Notice Inviting Bids. • Approves the Preliminary Official Statement, which is the "offering documenY' or"prospectus"for the bond issuance. • Authorizes the City Manager to award the bid to the lowest bidder up to a maximum annual true interest cost of seven percent (7%). The second resolution provides for the issuance of the General Obligation bonds, which will accomplish the following: • Authorizes the issuance of the Bonds in a not to exceed amount of $1,900,000. • Approves the Supplement to Resolution, which sets forth the bond terms and provides for a paying agent to administer the bonds. • Approves the Continuing Disclosure Agreement, which is required for the Underwriter to comply with federal securities laws. The Continuing Disclosure Agreement requires the City to file annual reports with specific � national repositories in order to supply the financial markets with ongoing �' information on the City and the bond issuance. ; r i • Approves the Agreement for the Fiscal Agent (We�ls Fargo Bank) to disburse the bond proceeds to the City as needed to fund the project. ; � I ALTERNATIVES: � The following altematives are provided for the CounciPs consideration: ; � - Adopt the attached resolutions approving issuance of the General i Obligation bonds for the Fire Station Expansion Project; - Delay approving issuance of the General Obligation bonds; - Modify and approve the attached resolutions, requesting to have the bids � presented to the City Council on Februa 11 2003 for final a ! ry , pproval; - Make other modifications to the attached resolutions as appropriate; CITY COUNCIL GENERAL OBLIGATION BONDS FOR FIRE STATION EXPANSION JANUARY 28, 2003 PAGE 4 - Do not approve the attached resolutions; - Provide direction to staff. Attachments: A. Preliminary Official Statement (on file in the Administrative Services Department) B. Fiscal Agent Agreement (on file in the Administrative Seroices Department) �i j � r r i � � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' ARROYO GRANDE, CALIFORNIA, DECLARING iTS INTENTION TO SELL BONDS OF SAID CITY IN THE AMOUNT OF NOT TO EXCEED ONE MILLION NINE � HUNDRED THOUSAND DOLLARS ($1,900,000), FIXING THE t TIME AND PLACE FOR TAKING BIDS AND DIRECTING ! PUBLICATION OF NOTICE INVITING BIDS � i WHEREAS, this City Council deems it proper and the necessity therefor appears that bids i be invited for bonds (the "Bonds") of the CITY OF ARROYO GRANDE (the "City") in the amount of not to exceed $1,900,000, and that if bids are determined to be satisfactory, said Bonds be sold in the manner and at the time and place hereinafter set forth; i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, ' as follows: 1. Sealed bids for the purchase of Bonds of said City in the amount of not to exceed $1,900,000 be received by the City at Stradling Yocca Carlson & Rauth, Newport Beach, California, on February 11, 2003, up to the hour of 10:00 A.M., and, if determined to be in the best interests of the City by the City Manager, on each succeeding Tuesday thereafter until a bid is accepted. In addition, the City Manager may determine to receive sealed bids at the same time by electronic means, through the use of MuniAuction or other Internet-based service provider. 2. The Director of Administrative Services/Deputy City Clerk is hereby authorized and directed to cause to be published a notice inviting such sealed bids by one insertion in The Tribune and in The Bond Buver, a newspaper of general circulation, circulated within the State, said publication to be at least five (5) days and ten (10) days, respectively, prior to the date of opening bids stated in said notice. The notice shall be substantially as follows: RESOLUTION NO. PAGE2 NOTICE OF SALE $1,900,000 SERIES A OF 2003 GENERAL OBLIGATION BONDS OF CITY OF ARROYO GRANDE (FIRE STATION PROJECT) SAN LUIS OBISPO COUNTY, CALIFORNIA Bids will be received up to 10:00 o'clock A.M., February 11, 2003 at Stradling Yocca Carlson & Rauth, Attention: Mark J. Huebsch, 660 Newport Center Drive, Suite 660, Newport Beach, California 92660, for the purchase of general obligation bonds (the � "Bonds") of CITY OF ARROYO GRANDE (the "City"). j i The principal of and the interest on the Bonds will be paid from ad valorem taxes to be levied on all taxable property within the City, without limitation of rate or amount. The Bonds will mature serially on August 1 of each year, commencing August 1, 2004, as provided in the Resolution of Issuance for such. issue. Interest will be paid on February 1, 2004 and semiannually thereafter on August 1 and February 1 of each year. The legal opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California will be furnished to the successful bidder. Further information may be obtained from A. M. Miller & Co., Inc., Attention: Alan Miller, 11036 Cedarcrest Way, San Diego, California 92121 (858) 450-4280. `� Kelly Wetmore Director of Administrative Services/Director of Administrative Services/Deputy City Clerk ' RESOLUTION NO. PAGE 3 3. The preliminary official statement presented to this City Council, a copy of which is on file in the Administrative Services Department, is approved in substantially the form presented. Stradling Yocca Carlson & Rauth is authorized to make such changes in and additions to the preliminary officiai statement prior to mailing as may I be approved by the City Manager; and the City Manager is hereby authorized and � f directed to deem such form, as modified, "final," except for information relating to the offering prices, interest rates, selling compensation, rating and other terms of the Bonds, depending on such matters. The execution of the official statement by the j Mayor and the printing and distribution thereof (in both preliminary and final forms) in i connection with the sale of the Bonds, with such changes as are approved or required as set forth above, are hereby authorized, directed, and approved. 4. The Director of Administrative Services/Deputy City Clerk is hereby authorized and directed to cause to be furnished to prospective bidders copies of a notice inviting bids, the bid form and the preliminary official statement relating to the properties, operations and finances of the City; but the failure, in whole or in part, to comply with this section shall not in any manner affect the validity of the sale of said Bonds. Said � notice and bid form shall be substantially as set forth in Exhibit A hereto. 5. On any date on which bids are duly received, the City Manager is hereby authorized and directed to award the Bonds to the best bidder at a price of par or better, provided the true interest cost to the City shall not exceed eight percent (8%) per annum; provided the City Manager may, in his discretion, reject all bids. On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was adopted this_day of January, 2003. RESOLUTION NO. PAGE 4 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ II DEPUTY CITY CLERK I APPROVE AS TO FORM: SPECIAL COUNSEL STRADLING YOCCA CARLSON & RAUTH � � � i t i � RESOLUTION NO. F PAGE 5 [ r � EXHIBIT "A" � OFFICIAL NOTICE INVITING BIDS � AND BID FORM I $1,900,000 ; SERIES A OF 2003 GENERAL OBLIGATION BONDS OF THE CITY OF ARROYO GRANDE � (FIRE STATION PROJECT) (San Luis Obispo County, California) ' i � Date of Sale � Tuesday, February 11, 2003 ! 10:00 a.m., Pacific Standard Time � Bids to be received at: j � Stradling Yocca Carlson & Rauth j 660 Newport Center Drive, Suite 1600 j Newport Beach, California 92660 S Phone: (949) 725-4167 Fax: (949) 725-4100 Attn: Mark J. Huebsch �j Brian P. Forbath j i ! � � r k � I RESOLUTION NO. PAGE s � OFFICIAL NOTICE INVITING BIDS � AND BID FORM � $1,900,000 I SERIES A OF 2003 GENERAL OBLIGATION BONDS ; OF THE ? CITY OP ARROYO GRANDE � (FIRE STATION PROJECT) NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Arroyo Grande (the "City") for the purchase of $1,900,000 aggregate principal amount of Series A of 2003 General Obligation Bonds (the "Bonds"). ; The Bonds are general obligations of the City, payable from ad valorem taxes, unlimited as to rate or � amount, levied against all taxable property in the City (except for certain classes of personal propeAy). The Bonds are more particularly described in the Resolution of the City Councii and Supplement to Resolution (collectively, the "Resolution"). Copies of the Resolution will be fumished to any interested bidder upon request. The sealed bids will be received and opened by a representative of the City up to the time and at the place specified as follows: I Time: At the hour of 10:00 a.m., Pacific Standard Time � Tuesday, February 11, 2003 i Place: Stradling Yocca Carlson & Rauth � 660 Newport Center Drive, Suite 1600 Newport Beach, Califomia 92660 ; Opening Bids and Award of the Bonds. Sealed bids for the purchase of the Bonds wilt be � received and opened at the date and time specified above by the financial advisor and a City � representative, and considered subject to the terms and conditions specified as follows; provided f however, that without further advertising and so long as a bid has not been accepted, sealed bids � will be accepted at such time and place at 10:00 a.m. Pacific Standard Time on Tuesday, February , 11, 2003, and at the same time and piace on each succeeding Wednesday thereafter untii a bid is � accepted. Late bids will be returned unopened. The Bonds will be presented to the City Council of ( the City at its meeting later the same day on which bids are received. Bids for the purchase of the Bonds will be received and considered subject to the following terms and conditions: Issue. $1,900,000 Series A of 2003 General Obligation Bonds. Denomination. The Bonds will be executed and delivered in fully registered form without coupons, in the denominations of$5,000 each or any integral multiple thereof within a maturity, and numbered consecutively upward in order of authentication. Date of Bonds. The Bonds wiil be dated the Date of Delivery, which is currently anticipated to be k on or about February 25, 2003. ( i Interest Payments. Interest with respect to the Bonds will be paid semiannually on February 1 and j' August 1 of each year, commencing February 1, 2004. � � � � ; j 11.a. o� pRROYpc FINCORPORATE Yl O U m # .nnr lo. 1Yt1 * � cq��Fp�N�P' MEMORANDUM i 4 TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIBERATION OF RESOLUTION REGARDING LOOMIS COMPLEX NOMINATION TO STATE HISTORICAL RESOURCES COMMi3310N AND DISCUSSION OF PROCESS FOR LOCAL DESIGNATION OF HISTORICAL RESOURCES AND/OR LANDMARKS DATE: JANUARY 28, 2003 � � ,f RECOMMENDATION: � It is recommended the City Council: 1. Consider adoption of a resolution in support of nomination of the Loomis Complex to the Califomia Register of Historical Resources by the State Historical Resource Commission; and 2. Discuss establishing a formal legally recognized procedure for designation of Historical Resources and/or Landmarks and provide direction to staff. FUNDING: There is no funding impact to submit a City position regarding nomination to the State Historical Resources Commission. However, in order to establish a foRnal procedure for local designation and protection of historical resources, given ongoing projects, outside professional resources will be necessary. It is estimated that an additional appropriation of approximately$20,000 will be required. I' DISCUSSION: ' At the January 14, 2003 Council meeting, Mayor Ferrara requested and the Council consented to consideration of the following two actions: i 1) Consideration of submittal of a formal City position to the State Historical Resources Commission supporting the nomination of the Loomis Complex to the Cal'domia Register of Historical Resources, and 2) Consideration of designation of the Loomis Complex as a local historical landmaric. ( G RESOLUTION NO. PAGE 7 Maturities. The final principai amount and exact maturity schedule for the Bonds will be determined f at the time of award. For the purposes of calculating the best bid for the Bonds the following maturity � schedule, which assumes that Bonds, payable August 1, will be issued for the full amount of $1,900,000, shall be used. � Maturity Principal Maturity Principai � August 1 Amount Auqust 1 Amount s 2004 2014 � 2005 2015 � 2006 2016 2007 2017 2008 2018 2009 2019 2010 2020 : 2011 2021 , 2012 2022 2013 2023 ' Each bidder is required to specify in its bid whether for any particular year the Bonds will mature or, I alternatively, be subject to mandatory sinking fund redemption in such yeac ' Adjustment of Principal Amounts. The principal amounts set forth in this O�cial Notice Inviting Bids reflect certain estimates of the City and its financial advisor with respect to the likely interest j rates of the winning bid contained in the winning bid and/or the premium contained in the winning ' bid. The total principal amount of the Bonds and the principal amounts payable in each of the years set forth above are subject to adjustment in $5,000 increments to reflect the actual interest rates ' contained in the winning bid, and to maintain substantially level annual debt service payments on the � Bonds. The winning bidder will be notified of any adjustment in principal amounts prior to the time ; the Bonds are awarded. ; Optional Prepayment. Bonds maturing after August 1, 2013 are subject, at the option of the City, j to call for redemption prior to their stated maturities in whole or in part on any date commencing � August 1, 2012, as a whole or in part among maturities, and if in part as nearly as practicable on a I pro-rata basis, and by lot within a maturity, at the following redemption prices, expressed as a i percentage of the principal amount thereof, together with accrued interest to the date fixed for � i redemption: Dates of Redemption Redemption � Prices i August 1, 2012 through July 31, 2013 101% ` August 1, 2013 through July 31, 2014 100.5 �� August 1, 2014 and thereafter 100 � Book-Entry Only. The Bonds when executed and delivered, wiil be issued as fully-registered � securities registered in the name of Cede & Co., as nominee of The Depository Trust Company, � New York, New York ("DTC"). DTC will act as securities depository for the Bonds. Individual � purchases of the Bonds will be made in book-entry form only, in principal amounts of $5,000, or any integral multiple thereof. Payments of principal, prepayment premium, if applicable, and interest evidenced by the Bonds are to be made to purchasers by DTC through the Participants (as such j term is used in the Officiai Statement). Purchasers will not receive physical delivery of Bonds with � their purchase. i i I 'Preliminary, subject to adjusUnent as set forth herein. � � RESOLUTION NO. PAGES Purpose of Issue. The proceeds of the sale of the Bonds will be used for the purpose of financing the expansion and retrofitting of the City's fire station and to pay certain costs of issuance with respect to the Bonds. Bank Qualifed. The City has designated the Bonds as "qualified tax-exempt obligations," thereby � allowing certain financial institutions that are holders of such qualified tax-exempt obligations to � deduct a portion of such institution's interest expense allocable to such qualified tax-exempt obligations, all as determined in accordance with Section 265 of the Code. � Security. The Bonds are general obligations of the City, payable from ad valorem taxes, unlimited + as to rate or amount, levied against all taxable property in the City (except for certain classes of I personal property). Paying Agent. Wells Fargo Bank, National Association, Los Angeles, California. Legal Opinion. The unqualified opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach, California, Bond Counsel, approving the validity of the Bonds and stating that under existing statutes, regulations, rulings and court decisions, interest with respect to the Bonds is excluded from gross income for federal income tax purposes, and such interest is also exempt from personal income taxes of the State of Califomia under present State income tax laws, will be fumished to the Purchaser at the time of delivery of the Bonds at the expense of the City. A copy of such opinion, certified by an o�cer at the time of delivery of the City by his facsimile signature, will be printed on the back of each Bond. No charge will be made to the Purchaser for such opinion, printing or certification. Ratings. Standard & Poor's Ratings Services has assigned its municipal bond rating of "_" to the Bonds. The rating reflects only the views of the rating organization, and an explanation of the significance of such rating may be obtained from such organization. There is no assurance that the . rating will continue for any given period of time or that such rating will not be revised downward or withdrawn entirely by the rating agency that issued the rating, if, in the judgment of such rating agency, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Bonds. TERMS OF SALE Interest Rate. Bidders must specify the rate or rates of interest per annum to be evidenced by the Bonds, and the same rate or rates may be repeated as often as desired provided, however: (i) An interest rate may not exceed eight percent(8%) per annum. (ii) Each interest rate specified must be in a multiple of 1/20 or 1/8 of 1 percent. (iii) No Bond may evidence interest at more than one rate. (iv) Each Bond must bear interest from its date to its stated principal payment date at the interest rate specified in the bid. (v) All Bonds of the same stated principal payment date must bear interest at the same rate. (vi) The interest rate with respect to Bonds of any maturity shall not be lower than the interest rate with respect to Bonds of any earlier maturity. (vii) The difference between the highest and lowest rate of interest bid may not exceed 4%. V � � RESOWTION NO. � PAGE 9 Basis of Award. Subject to the limitations set forth above, the Bonds will be awarded on the basis of the lowest true interest cost, including premium, if any, offered in the bids. In the event two or more bids setting forth identical interest rates, premium, if any, are received, the City reserves the ' right to exercise its own discretion and judgment in making the�award and may award the Bonds on � a pro rata basis in such denominations as the City shall determine. � i Bid Checks. No bid check is required with submission of the bid. E No Discount. No bid will be considered for less than the par value of the Bonds offered for sale. ��" Right of Rejection. The City reserves the right, in its discretion, to reject any and all bids and to ' waive any irregularity or informality in any bid. Prompt Award. The City will take action awarding the Bonds or rejecting all bids not later than 26 I hours after the hour designated above for the opening of bids, unless such time of award is waived I by the Purchaser. ! Delivery and Payment. It is estimated that delivery of the Bonds will be made to the Purchaser by � February 25, 2003. Payment of the purchase prioe (less the amount of the bid check mentioned below) must be made in funds immediately available to the City. Right of Cancellation. The Purchaser will have the right at its option to withdraw its bid if the Bonds are not executed and tendered the same for delivery within sixty (60) days from the date of sale thereof, and in such event, the successful bidder will be entitled to the return of the good faith deposit accompanying its bid. Form of Bid. The bids must be for all of the Bonds and for not less than one hundred percent (100%) of the principal amount thereof. Each bid must be enclosed in a sealed envelope add�essed . to the City of Arroyo Grande, clo Stradling Yocca Carlson & Rauth, Attention: Mark J. Huebsch, 660 Newport Center Drive, Suite 1600, Newport Beach, Califomia 92660, and endorsed "Bid for City of Arroyo Grande 2003 General Obligation Bonds." Each bid must be in accordance with the terms and conditions set forth herein and must be delivered to the office of Stradling Yocca Carlson & Rauth. Telecopied Bids. Telecopied bids are at the sole risk of the bidder and will be accepted only if such telecopied bid is received Stradling Yocca Carison & Rauth at their Newport Beach o�ce no later than 10:00 a.m. Pacific Standard Time, February 11, 2003. None of the City, A. M. Miller& Co., Inc. nor Stradling Yocca Carlson & Rauth shall be responsible if a busy signal is reached or for any transmission equipment failure resulting in a bid not being accurately received or received later than 10:00 a.m. Pacific Standard Time, or other designated bid cut-off time or bid date. Telecopied bids should be sent to (949) 725-4100 on the morning of the bid in su�cient time to be received prior to 10:00 a.m. Pacific Standard Time. Facsimile signatures are valid and shall be legally binding against the purchaser of the Bonds. Estimate of True Interest Cost. Bidders are requested to supply a calculation of the total true interest cost and the true interest rate of the Bonds on the basis of their respective bids, which shall be considered as informative only and not binding on either the bidder or the City. CUSIP Numbers. It is anticipated that CUSIP identification numbers will be assigned to the Bonds. It shall be the responsibility of the Purchaser to obtain CUSIP numbers. Neither the failure io print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of and pay for the Bonds in accordance with the terms of � G RESOLUTION NO. € PAGE 10 ( i this Official Notice Inviting Bids. The CUSIP Service Bureau charge for the assignment of said � numbers shall be the responsibility of and shall be paid for by the Purchaser. � California Debt and Investment Advisory Commission Fee. Bidders are advised that, pursuant to Section 8856 of the California Government Code, it will be the responsibility of the Purchaser to � pay the statutory fee to the California Debt and Investment Advisory Commission. f Closing Documents. In addition to the opinion of Bond Counsel referred to above, at the time of � payment for the delivery of the Bonds, the City will furnish the successful bidder the following r documents, all to be dated as of the date of delivery: 1. No Litigation Certificate. At the time of delivery of the Bonds, the Purchaser will receive a ; certificate of the City to the effect that there is no litigation pending or, to the best of such ' officer's knowledge, threatened against the City affecting the validity of the Bonds. i 2. Signature Certificate. A certificate of appropriate officers of the City indicating that they !, have signed the Bonds by manual or facsimile signature and that they were duly authorized I to execute the same. � 3. Treasurer's Receipts. The receipt of the Treasurer of the City showing that the purchase price of the Bonds has been received by the City. 4. Certificate Concerning Official Statement. A certificate of an appropriate officer of the City, acting in such person's official and not personal capacity, to the effect that at the time of the sale of the Bonds and at ali times subsequent thereto up to and including the time of delivery of the Bonds, to the best knowledge of such o�cer, after due inquiry, the O�cial Statement relating to the Bonds did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the . circumstances under which they were made, not misleading. 5. Continuing Disclosure Agreement. An agreement executed by the City as Issuer covenanting to comply with the annual reporting requirements of SEC Rule 15c2-12. Purchaser's Closing Certificate. The Purchaser must deliver such certificates to the City as may be required by Bond Counsel dated the date of execution and delivery of the Bonds, indicating: (i) the initial offering price at which not less than ten percent (10%)of the Bonds were sold to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of undenvriters or wholesalers), (ii) the "yield" on the Bonds as calculated in accordance with the Internal Revenue Code of 1986, as amended, and (iii) such other information as may be required to assist the City in filing the required Internal Revenue Service Form 8038-G for the Bonds. Preliminary O�cial Statement and Final O�cial Statement. The Preliminary Official Statement, dated January _, 2003, distributed in connection with the sale of the Bonds, as the same may be supplemented on or prior to the bid date, (the "Preliminary Official StatemenY'), has been deemed final by the City for purposes of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), but is subject to revision, amendment and completion in a final•Official Statement (the "O�cial Statement") as provided in the Rule. Within seven (7) business days after the award of the bid, the City will fumish to the Purchaser, at no charge, up to 100 copies of the Official Statement. � RESOLUTION NO. � PAGE 11 ff Information Available. Requests for copies of the Preliminary O�cial Statement pertaining to the i Bonds, the Official Notice Inviting Bids, or for other information concerning the City or the Bonds { should be addressed to the City's financial advisor: A.M. Miller & Co., Inc., 11036 Cedarcrest Way, 4 San Diego, California 92121. Telephone (858)450-4280, Telefax (858)450-9880. � i CITY OF ARROYO GRANDE ! By: /s/ Kellv Wetmore Director of Administrative Services/Deputy , City Clerk ', � � i ( � � I I I � BID FORM FOR � SERIES A OF 2003 GENERAL OBLIGATION BONDS I � TO; City of Arroyo Grande ' c/o Stradling Yocca Cadson&Rauth � 660 Newport Center Drive, Suite 1600 i Newport Beach,California 92660 � � FOR: Bid for Series A of 2003 General Obligation Bonds $1,900,000 � In accordance with all terms and conditions of your O�cial Notice Inviting Bids for the above mentioned Bonds, we f submit the following bid for Bonds to be dated the date of delivery, with interest payable February 1, 2004 and thereafter semiannually on August 1 and February 1: Sinking Sinking � Maturity Prineipal Serial Pund � Interest Maturity Pdncipal Serial Fund Interest �, Auaust t Amount Maturi Redemotlon Rate Auaust 1 Amount Maturitv Redemotion Rate (cheek one) (check one) 2004 2014 % % 2005 2015 I °/a % ' 2006 2016 � % % j ?�W ZQ�� °/a % zooe zois j °ra °ro j zoos 2ois o�a o� � zo�o zozo o�o o�. ioii zozi o�= �i zo�2 zozz °io °io 2013 � 2023 ' % % We will pay % for a total of $ which is the principal amount thereof plus a premium of $ Our calculation of the true interest cost(TIC),which is considered to be informative only and not a part of the bid, is %. Facsimile signatures are valid and legally binding against us. i We recognize that the principal amount set forth in the Official NoGce Inviting Bids reflects certain estimates of the City and its financial advisor with respect to the interest rates of the winning bid and the premium contained in the winning bid. We agree that the principal amount of the Bonds and the aggregate principal amount of any maturity are subject to adjustment in $5,000 increments to reflect the actual interest rates and any premium contained in the winning bid. This bid is subject to acceptance within 26 hours after the expiraGon of the time for the receipt of bids, as specified in said O�cial Notice Inviting Bids and we agree fhat, if we are the winning bidder, we will be notified of any adjustment in the principal amount of the Bonds within such 26-hour period. This offer is subject to receipt of a satisfactory legal opinion by Stradling Yocca Carlson & Rauth, a Professional Corporation, Newport Beach,California,as described in the Official Notice Inviting Bids. Submitted By: Other Members of the Syndicate are: (Rep2sentative's Printed Name) (Representative's Signature) Date: Check Number: Telephone Number: Fax Number: Firm: E � I i , 1 RESOLUTION NO. _ � i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF � ARROYO GRANOE, CALIFORNIA, PROVIDING FOR THE � ISSUANCE OF ITS GENERAL OBLIGATION BONDS, � SERIES A OF 2003 (FIRE STATION PROJECT) IN THE AMOUNT OF ONE MILLION NINE HUNDRED THOUSAND DOLLARS ($1,900,000) FOR FIRE STATION USES i WHEREAS, pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the Califomia Govemment Code (Sections 43600 et se�c .), as amended, and pursuant to Ordinance I No. 532 adopted by the City Council of the City of Arroyo Grande on July 9, 2002 (the ! I "Ordinance"), a special election (the "Election") was duly and regularly held on the 5th day of November, 2002, in that territory included within the boundaries of the City at which � Election there was submitted to the qualified voters of said City the following: MEASURE: Shall the City of Arroyo Grande upgrade and expand the Fire Station located on Traffic Way, inciuding adding sleeping facilities and a training classroom, expanding the apparatus bay, construction of a federally-required safe medical clean-up area and a system to remove vehicle exhaust from the apparatus room, seismic retrofitting to meet current building safety standards, and installation of fire sprinklers, by issuing $1,900,000 in general obligation bonds? ;and WHEREAS, more than two-thirds of the votes cast at the Election were in favor of and assented to the incurring of such indebtedness, and all the requirements of the Constitution and laws of the State of California have been complied with in the holding of the Election, and the City Council of the City was, as of the date of the Election, and is now authorized and empowered to provide for the form of bonds of the City and for the issuance thereof, exclusively for the purpose provided for in the aforesaid Ordinance and principal and interest payable from taxes levied exclusively upon the taxable property within the City as permitted or required by law; and WHEREAS, it is found and determined by this City Council that the best interests of the City would be served by proceeding according to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et s�.), as amended, to issue � _ � P k RESOLUTION NO. PAGE 2 bonds (the "Bonds") for the purpose of financing the fire station expansion and retrofitting � project; and � WHEREAS, the City Council has determined that Wells Fargo Bank, National Association j ! shall act as the initial paying agent for the Bonds subsequent to the adoption of this ( Resolution; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Arroyo Grande, as follows: 1. Each of the above recitals is true and correct. 2. The issuance of the General Obligation Bonds, Series A of 2003 in a principal amount not to exceed $1,900,000 is hereby approved and such Bonds shali mature on the dates and pay interest at the rates set forth in and all other provisions of the Bonds shall be governed by the terms and conditions of a Supplement to this Resolution to be prepared by Special Counsel to the City and executed by the Mayor of the City, the City Manager, or their duly authorized written designees, which , Supplement to Resolution is hereby approved in substantially the form attached hereto as Exhibit A, together with such additions thereto and changes therein as Special Counsel and the City Manager deem necessary or appropriate. Approval of such changes shall be conclusively evidenced by the execution and delivery of the Supplement to Resolution by the Mayor, the City Manager or their duly authorized written designees. The covenants set forth in the Supplement to Resolution are hereby approved, shall be deemed covenants of the City Council and shall be complied with by the City and its officers. The Supplement to Resolution shali constitute a contract between the City and the Owners of the Series A of 2003 Bonds. 3. The Mayor of the City, the City Manager, or their duly authorized written designees, are hereby authorized and directed to enter into any agreements or take any actions necessary to achieve the purposes of this Resolution, including without limitation, a continuing disclosure agreement and a fiscal agent agreement, substantially in the forms presented at this meeting, and on file in the Administrative Services � RESOLUTION NO. � PAGE 3 � Department, together with such additions thereto and changes therein as Special i Counsel and the City Manager deem necessary or appropriate. Approval of such i changes shall be conclusively evidenced by the execution and delivery of the j continuing disclosure agreement and fiscal agent agreement by the Mayor, City Manager or their duly authorized written designees. On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was adopted on this_day of January, 2003. � �, � � s � $ RESOLUTION NO. i PAGE 4 � f � � � TONY M. FERRARA, MAYOR I I ATTEST: f KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO FORM: SPECIAL COUNSEL s 'i , � RESOLUTION NO. � PAGE 5 ` i � i EXHIBIT A � FORM OF SUPPLEMENT TO RESOLUTION I I I � � �, i � 4 i ( 4 � � ; Stradling Yocca Carlson & Rauth f DraJt ojl/8/03 ! I , EXHIBIT A { , ; ; i i SUPPLEMENT TO RESOLUTION NO._ GOVERNING TERMS OF THE$1,900,000 CITY OF ARROYO � GRANDE GENERAL OBLIGATION BONDS SERIES A OF � 2003 (FIRE STATION PROJECT) � r Dated as of February 1,2003 � ; � i q � oocsoc�saoz i z�s�zno�.0009 � � � � I � ! SUPPLEMENT TO RESOLUTION NO. s — THIS SUPPLEMENTAL RESOLUTION NO._executed as of this ls`day of February, ; i 2003 governs the terms of the City of Arroyo Grande General Obligation Bonds, Series A of 2003 ': (Fire Station Project). � j RECITALS: �' i WHEREAS,pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code(Secrions 43600 et seq.),as amended, and pursuant to Ordinance No. 532 adopted � by the Ciry Council of the City of Arroyo Grande on July 9,2002 (the"Ordinance") and Resolurion No. 3611 adopted by the City Council of the City on July 9, 2002,a special elecrion was duly and regulazly held on the Sth day of November 2002,in that territory included within the boundaries of the City(the "Elecrion") at which Election there was submitted to the qualified voters of said city the following: PROPOSITION: Shall the City of Arroyo Gnnde expand the Fire Station including the addirion of sleeping facilities, a fedenlly required area for safe clean up of blood-borne pathogens, a federally required room to store turnout clothing, a system to divert vehicle e�chaust from the apparatus moms,an expanded training room, fire sprinklers, seismic retrofit of the facility to meet current standards, and expansion of the apparatus bay,by issuing$1,900,000 in general obligarion bonds? and WHEREAS,more than two-thirds of the votes cast at the Elecrion were in favor of and assented to the incurring of such indebtedness, and all the requirements of the Constitution and laws of the State of Califomia have been complied with in the holding of the Elecrion, and the City Council of the City was, as of the date of the Election, and is now authorized and empowered to pmvide for the form of bonds of the City and for the issuance thereof for the purpose and objects oocsoc�vaon z�s�znoz000v � t 4 I � ! f provided for in the aforesaid Ordinance and resoludon,payable,principal and interest, from taxes levied exclusively upon the taxable property within the City as permitted or required by law; and WHEREAS,it is found and determined by this City Council that the best interests of the City would be served by proceeding with the authorization of the issuance of general obligation bonds of the City according to the provisions of Chapter 4 of Division 4 of Title 4 of the Califomia Government Code(Secrions 43600 et seq.) for the purpose of financing the construction and retrofitting of the City's existing fire station as appmved by the voters(the"ProjecY'); NOW,THEREFORE, in order to establish the terms and conditions upon and subject to which the General Obligation Bonds, Series A of 2003 (the"Series A of 2003 Bonds" or the "Bonds") are to be issued,the City Council does hereby covenant and agree, for the benefit of the Owners of the Series A of 2003 Bonds,as follows: SECTION 1. Definitions. Unless the context clearly otherwise requires the following terms shall have the respecrive meanings ascribed to them in this Section 1: Authorized Representative of the City. The term"Authorized Representative of the City"means the Mayor, the City Manager, the Treasurer or the Director of Financial Services or any other person or persons designated by any of them in a written certificate or by the City Council of the City and authorized to act on behalf of the City by a written certificate signed on behalf of the City by the Mayor of the City and containing the specimen signature of each such person. Authorized Investments. The term"Authorized Investments"means, if and to the extent permitted by law and by any policy guidelines promulgated by the City: A. Active demand deposits(checking accounts,passbook savings and money mazket accounts)and inactive deposits(non-negotiable Time Certificates),also for investment instruments. B. Bonds issued by the City. 2 DOCSOC�940212v5�22707.0009 . ( � , � ; i P C. U.S. Treasury Notes,bonds,bills, or other certificates of indebtedness. l D. California State registered notes,bonds,or warrants. i E. Other local agencies within California,bonds,notes,warrants, or other � indebtedness. F. Bank issued obligations for Federal agencies as the Government Narional Mortgage Association(GNMA'S),the Federal National Mortgage Associarion(FNMA'S), and the Small Business Administration(SBA notes), etc. G. Bankers acceptances (bills of exchange or time drafts)drawn on and accepted by a commercial bank,and which are eligible for purchase by the Federal Reserve System. T'hese aze limited to 30 percent of the City's surplus funds,and limited to 270-day maximum maturities. H. Commercial paper of"prime"quality, as rated by Moody's Investor Service or Standard and Poor's Corporarion. These aze limited ro 15 percent of the City's portfolio, and limited to 180-day maximum maturities,plus some other qualifications. I. Negotiable Certificates of Deposit, issued by either a National or State bank or savings and loan. These are limited to 30 percent of the City's available reserves. J. Repurchase agreements or reverse repurchase agreements,whereby the seller of securities will repurchase them on a specified date and for a specified amount. K. Local Agency Investment Fund, State of California,per Government Code Sec. 16429.1. Pooled monies of various agencies within California. 3 DOCSOC�940212v5�22707.0009 � � � � i t i Bond Counsel. The term`Bond Counsel"means an attorney or firm of attomey of ; nationally recognized standing in matters pertaining to the tax-exempt status of interest on bonds issued by states and their political subdivisions. Bonds or Series A of 2003 Bonds. The term"Bonds"or"Series A of 2003 Bonds" means the$1,900,000 City of Arroyo Grande General ObligaHon Bonds, Series A of 2003 (Fire Station Project). Bond Year. The term"Bond Year"means the twelve(12)month period commencing on July 31 and ending on the following August 1, except that the first Bond Year shall commence on the date on which the bonds are issued and end on August 1, 2003. Closing Date. The term"Closing Date"is the date the bonds aze delivered to the inirial purchaser thereof. Code. The term"Code"means the Intemal Revenue Code of 1986,as amended,and any regulations,rulings,judicial decisions, and notices,announcements,and other releases of the United States Treasury Department or Internal Revenue Service interpreting and construing it. Computation Year. The term"Computarion Year"means,with respect to the Bonds, the period beginning on the Delivery Date and ending on August 1, 2003 and each 12-month period ending on August 1 thereafter until there are no longer any Bonds outstanding. Costs of Issuance. The term"Costs of Issuance"means all of the costs of issuing the Bonds, including,but not limited to,all printing and document prepararion expenses in connecrion with this Resolu6on, the Bonds and the Official Statement pertaining to the Bonds and any and all other agreements, instruments, certificates or other documents prepazed in connection therewith; financial advisory fees;bond counsel fees;underwriter's fees; raring agency fees; auditor's fees; CUSIP service bureau charges; legal fees and expenses of counsel with respect to the financing;the initial fees and expenses of the Fiscal Agent; fees for credit enhancement relaring to the Bonds;and 4 DOCSOC�940212v5�22707.0009 I � � ; other fees and expenses incurred in connection with the issuance of the Bonds or the implementation i of the financing for the Projects, to the extent such fees and expenses are approved by the City. � Depository. The term"Depository"means (a)initially, DTC, and(b) any other � Securiries Depository acting as Depository under this Indenture. I Depository System Participant. The term"Depository System ParticipanY' means any participant in the Depository's book-enhy system. Director of Financial Services. The term"Director of Financial Services"means the person responsible for the Finance Office of the City,appointed by the City Manager from time to time. DTC. The term"DTC"means The Depository Trust Company,New York,New York,and its successors and assigns. Fiscal Agent. The term"Fiscal AgenY'means that entity so designated from rime to time by the City Council of the Ciry to serve as fiscal agent,paying agent, transfer agent and registrar for the Bonds. The initial Fiscal Agent shall be Wells Fargo Bank,National Associarion. Fiscal Agent Agreement. The term"Fiscal Agent Agreement"means that certain Fiscal Agent Agreement,dated as of February 1,2003,by and between the City and the Fiscal Agent. Interest Payment Date. The term"Interest Payment Date"means each August 1 and February 1,commencing February 1, 2004. Owner. The term"owners or"Bond owner"or"owner of Bonds"or any similaz term,when used with respect to the Bonds,means any person in whose name a Bond is registered in the books of registration maintained by the Fiscal Agent. Participants. The term"Participants"means those broker-dealers,banks and other financial institutions from time to rime for which DTC holds Bonds as securities depository. Project Costs. The term"Project Costs" means all of the expenses of and incidental to the construction and/or acquisition of the Project, including Costs of Issuance. 5 DOCSOC�940212vS22707.0009 � k ; Rebate Regulations. The term"Rebate Regulations"means the Treasury Regulations issued under Secdon 148(�of the Code. i Record Date. The term"Record Date" shall mean the fifteenth day of the month � preceding an Interest Payment Date. Resolution. The term"this Resolution" shall mean, collectively,Resolution No._ of the City Council,together with this Supplement to Resolution. Tax Certificate. The temi"Tax Certificate" shall mean that certain certificate of such name executed by the City on the Closing Date with respect to the Bonds. Treasurer. The term"I'teasurer"means the City Treasurer of the City. SECTION 2. Authorization to Issue. Bonds of the City in the sum of$1,900,000 shall be issued for the purpose stated in the pmposition set out in the tecitals hereof. Said Bonds aze further issued pursuant to the provisions of Chapter 4 of Division 4 of Title 4 of the California Govemment Code(Secrions 43600 et seq.,),as amended. Said Bonds shall be designated the "CITY OF ARROYO GRANDE GENERAL OBLIGATION BONDS, SERIES A OF 2003 (Fire Starion Ptoject)." The Series A of 2003 Bonds shall be issued in the form of fully registered bonds in the denomination of$5,000 each or any whole mulriple thereof and shall mature on the dates and in the amounts,and shall bear interest at the rates,per annum, for each of the years as follows: 6 DOCSOC�940212v5�22707.0009 � � , ; � Year Au st 1 Principal Amount Interest Rate 2004 $ % 2005 � 2006 � 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 The Bonds shall bear interest at the rates set forth above, from the Closing Date,payable on February 1,2004 and thereafter semiannually on each August 1 and February l. Each Bond shall bear interest unril its principal sum has been paid;provided,however, that if funds are available for the payment thereof on such Bonds applicable maturity date, in full accordance with the terms of this Resolution, such Bond shall then cease to bear interest. The Bonds shall be numbered No. 1 and sequentially upwards and shall be dated as of the date of their authentication, except that Bonds issued upon exchanges and transfers of other Bonds shall be dated so that no gain or loss of interest shall result from the exchange or transfer. Interest on each Bond shall be paid by the Fiscal Agent by check mailed by first class mail,postage prepaid,on the Interest Payment Date to the Owner as his/her name and address appear on the register kept by the Fiscal Agent at the close of business on the applicable Record Date. At the request of any owner of at least$1,000,000 in aggregate principal amount of Bonds,interest on the Bonds will be paid by 7 DOCSOC�940212v5�22707.0009 I P ; z ; I � wire transfer in immediately available funds if such request is made at least fifteen days before the � Record Date for such payment, any such designation to remain in effect until withdrawn. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication with respect to which interest has been paid or provided for(unless (i)the date of authentication is prior to the first Recotd Date, in which event from the Closing Date,(ii)the date of authenticarion is after a Record Date and before the following Interest Payment Date,in which event it shall bear interest from such Interest Payment Date, or(iii)it is authenticated as of an Interest Payment Date, in which event it shall bear interest from such date)until the principal hereof shall have been paid. $ of proceeds of the Bonds ($ aggregate principal amount, without premium or accrued interest) shall be disbursed,as follows: $ to the Acquisition and Construcrion Fund for payment of Costs of Issuance $ to the Acquisition and Construction Fund for payment of project costs $ TOTAL SECTION 3. Place ofPayment. The Bonds shall be payable in lawful money of the United States of America upon sunender thereof at the principal corporate trust office of the Fiscal Agent in Los Angeles,California. SECTION 4. Fiscal Agent. The initial Fiscal Agent for the Bonds shall be Wells Fargo Bank,Nadonal Association,Los Angeles,Califomia. SECTION 5. Form of Bonds. The Bonds shall be substantially in the form attached hereto as Exhibit"A." Such form is hereby approved and adopted as the form of the Bonds and of the redemption, exchange,registration and assignment provisions pertaining to them,with necessary or appmpriate variarions,omissions, and insertions,as permitted or required by this Resolurion. Any Bonds issued pursuant to this Resolution may be initially issued in temporary form exchangeable for definitive Bonds when the same are ready for delivery. The temporary Bonds may 8 DOCSOC\9402 I 2v5�22707.0009 . € be printed,lithographed or typewritten, shall be of such denominations as may be determined by the 4 City, shall be in fully registered form and may contain references to any of the provisions of this � R Resolurion as may be appropriate. Every temporary Bond shall be executed by the City and be issued by the Fiscal Agent upon the same conditions and in substanrially the same form and manner as the definitive fully registered bonds. If the City issues temporary Bonds,it will execute and furnish definitive Bonds without delay,and, thereupon,the temporary Bonds shall be surrendered for cancellation at the principal office of the Fiscal Agent in Los Angeles, Califomia, or at such other place in California as the City may approve. The Fiscal Agent shall deliver in exchange for the surrendered temporary Bonds an equal aggegate principal amount of definitive Bonds of authorized denominarions of this same issue. Until exchanged,the temporary Bonds shall be entitled to the same benefits under this Resolution as definitive Bonds of this same issue. SECTION 6. Execution and Authentication of the Bonds. The Bonds shall be signed on behalf of the City by its Mayor and by its Treasurer by facsimile signatures and by its City Clerk, or authorized Deputy City Clerk,by facsimile signature,and the seal of the City shall be impressed, imprinted or reproduced thereon. The foregoing officers are hereby authori2ed and directed to sigi the Bonds in accordance with this Section 6. If any City officer whose facsimile signature appears on the Bonds ceases to be an officer before delivery of the Bonds,his or her signature is as effective as if he or she had remained in office. The Fiscal Agent shall authenticate the Bonds on registration and/or exchange to effectuate the registration and exchange provisions set forth in Section 7 below; and only those Bonds that have endorsed on them a certificate of authentication,substantially in the form set forth in the form of Bond, duly executed by the Fiscal Agent, shall be entitled to any rights,benefits or security under this Resolurion. No Bond shall be valid or obligatory for any purpose unless and until the certificate of authenrication thereon has been duly executed by the Fiscal Agent. The certificate of the Fiscal Agent upon any Bond shall be conclusive and the only evidence required that the Bond has been duly 9 oocsoc�9noz i z�s�zno�.000v t S � authenticated and delivered under this Resolution. The Fiscal AgenYs certificate of authentication on � any Bond shall be deemed to have been duly executed if signed by an authorized officer of the Fiscal I ( Agent,but it shall not be necessary that the same officer sign the certificate of authenrication on all of ` the Bonds that may be issued hereunder. SECTION 7. Registration, Transfers and Exchanges. Any Bond may, in accordance with its terms,be transferred, upon the registration books required to be kept by the Fiscal Agent,by the person in whose name it is registered, in person or by his duly authorized attomey,upon surrender of such fully registered Bond for cancellation,accompanied by delivery of a written instrument of ttansfer in a form appmved by the Fiscal Agent,duly executed. Whenever any Bond or Bonds shall be sunendered for transfer,the Fiscal Agent shall authenricate and deliver a new Bond or Bonds of the same series and maturity, for the like aggregate principal amount of Bond or Bonds surrendered. Bonds may be exchanged at the principal corporale trust office of the Fiscal Agent in Los Angeles,Califomia, for a like aggregate principal amount of Bonds of other authorized denominations of the same series and maturity. The person, firm or corpontion requesting the transfer or exchange shall pay any costs or charges in connection with the transfer or exchange as aze established by the Fiscal Agent,in addition to paying any tax or governmental charge that may be imposed in connection with the transfer or exchange. The Fiscal Agent shall not be required,however,to register a transfer or make an exchange of any Bond(i)during the 15 days before the selecrion of Bonds for redemption, or (ii) if such Bond has been called for redemption in whole or in part. SECTION 8. Registration Books. The Fiscal Agent will keep at its principal corporate trust office in Los Angeles, Califomia, or at such other place as the City may approve, sufficient books for the registration and transfer of the Bonds. The books shall at all times be open to inspecrion by the City; and, upon presentation for such purpose, the Fiscal Agent shall under such reasonable 10 DOCSOC�9402I2v5�22707.0009 I i � regulations as it may prescribe,register or transfer, or cause to be registered or transferred, on the i register,the Bonds as hereinbefore provided. f ! Optional Redemption. The Bonds maturing on or after August 1, 2013 are subject, at the I option of the City, to redemption prior to their stated maturiries in whole or in part on any date commencing August 1, 2012, selected among maturities,if in paRs as nearly as pracHcable on a pro- rata basis, and by lot within a maturity, at the following redemption prices, expressed as a percentage of the principal amount thereof, together with accrued interest to the date fixed for redemption: Redemption Dates Redemntion Price August 1, 2012 through July 31, 2013 101% August 1, 2013 through July 31, 2014 100.5 August 1, 2014 and thereafter 100 If less than all of the Bonds outstanding are to be redeemed,the portion of any Bond of a denominarion of more than$5,000 to be redeemed shall be in the principal amount of$5,000 or an integral multiple thereof, and,in selecring portions of such Bond for redemption,the Fiscal Agent shall treat each such Bond as representing that number of Bonds of$5,000 denominations which is obtained by dividing the principal amount of such Bond to be redeemed in part by$5,000. The Fiscal Agent shall promptly notify the City in writing of the Bonds, or portions thereof, selected for redemprion. The Fiscal Agent shall further provide written norice to bondholders of all Bonds to be redeemed pursuant to this section by first class mail within sixty(60)days,but in no event later than thirty(30)days prior to the date of such redempdon. The date on which the Bonds which are called for redemprion aze to be presented for redemption is herein sometimes called the"redemption date." The notice of redemption shall (a) state the redemption date; (b) state the redemption price; (c) state the dates of maturity of the Bonds and, if less than all of any such maturity is called for redemption the distincrive numbers of the Bonds of such maturity to be redeemed,and in the case of 11 DOCSOC\940212v5�22707.0009 E i 6 i Bonds redeemed in part only, the respective portions of the principal amount thereof,to be redeemed; ! (d) state the CUSIP number, if any,of each Bond to be redeemed; (e)give norice that further interest � on such Bonds will not accrue after the designated redemption date;and(�any other descriptive � � information regazding the Bonds needed to identify accurately the Bonds being redeemed. � The actual receipt by the Owner of notice of such redemprion shall not be a condirion precedent to redemption, and failure to receive such notice shall not affect the validity of the proceedings for the redemption of such Bonds or the cessation of interest on the date fixed for redemption. At least twenty-five(25)days before the redemption date,notice shail also be given (i)registered or certified mail,postage prepaid, (ii)confirmed facsimile transmission or (iii) overnight delivery service,to The Depository Trust Company, 711 Stewart Avenue,Garden City,New York 11530, Facsimile transmission: (516)227-4039, (516)227-4190 and in accordance with then current guidelines of the Securities and Exchange Commission,to any other firm or service regularly providing information with respect to the redemption of Bonds designated to the Fiscal Agent by the City. Prior to the rime the City Council determines to call and tedeem any of the Bonds, the Fiscal Agent shall establish a Redemption Fund to be described or known as the"City of Arroyo Grande (Fire Station Project) Redemption Fund"and prior to or on the redemption date there must be set aside in said Itedemption Fund moneys available for the purpose and sufficient to redeem as in this Supplemental Resolution provided, the Bonds designated in said notice of redemprion. Said moneys must be set aside in said fund solely for that purpose and shall be applied on or after the redemprion date to payment for the Bonds to be redeemed upon presentation and surrender of such Bonds, and shall be used only for that purpose. Any interest due on or prior to the redemption date shall be paid 12 oocsoc�vaoz i z�s�zno�.000v � � f ; from the Debt Service Fund as provided in Section 12 hereof. If,aRer all of the Bonds have been ' redeemed and cancelled or paid and cancelled,there are moneys remaining in said Redemprion Fund, said moneys shall be transfened to the general fund of the City;provided,however, that if said i i moneys are part of the proceeds of refunding bonds, said moneys shall be transferred to the fund i created for the payment of principal of and interest on such refunding bonds. When notice of redemption has been given, substantially as provided for herein, and when the amount necessary for the redemption of the Bonds called for redemprion(principal and premium, if any)is set aside for that purpose in said Redemption Fund, as provided for herein,the Bonds designated for redemprion shall become due and payable on the date fixed for redemprion thereof, and upon presentation and suaender of said Bonds at the place specified in the notice of redemption, such Bonds shall be redeemed and paid at said redemption price out of said Redemprion Fund, and no interest will accrue on such Bonds called for redemption after the redemption date specified in such norice,and the owners of said Bonds so called for redemption after such redemption date shall look for the payment of such Bonds only to said Redemption Fund. All Bonds redeemed shall be cancelled forthwith by the Fiscal Agent and shall not be reissued. SECTION 9. Acquisition and Constraction Fund. (a) The proceeds of the sale of the Bonds identified in Secrion 2 for deposit into the Acquisirion and ConsWction Fund shall be deposited with the Fiscal Agent to the credit of the "City of Arroyo Grande (Fire Station Project)Acquisition and Construcrion Fund,"shall be kept separate and distinct from all other funds of the Fiscal Agent,and the moneys in said fund shall be applied exclusively to pay Project Costs, except as provided in the provisions of Chapter 4 of Division 4 of Title 4 of the California Govemment Code(Sections 43600 et seq.). (b) The Fiscal Agent at the direction of the City shall disburse moneys in the Acquisition and Construction Fund from time to time to pay the Pmject Costs. 13 DOCSOC\940212v5�22707.0009 � 3 � r F SECTION 10. Rebate Fund. The Fiscal Agent shall establish the Rebate Fund and the Fiscal I i Agent shall comply with the requirements below at the written direction of the City. All money at � any time deposited in the Rebate Fund shall be held by the Fiscal Agent in trust, for payment to the United States Treasury. All amounts on deposit in the Rebate Fund shall be governed by this Section and the Tax Certificate, unless the City obtains an opinion of Bond Counsel that the exclusion from gross income of interest on the Bonds shall not be adversely affected for federal income tax purposes if such requirements aze not satisfied. (a) Annual Computation. Within 55 days of the end of each Computarion Yeaz with respect to the Bonds,the City shall calculate or cause to be calculated the amount of rebatable arbitrage,in acwrdance with Secrion 148(�(2)of the Code and Secrion 1.148-3 of the Rebate Regulations(taking into account any applicable exceprions with respect to the computation of the rebatable arbitrage, described, if applicable,in the Tax Certificate(e.g.,the temporary investments exceprions of Section 148(�(4)(B)and(C)of the Code), and taking into account whether the 1-1/2% Penalty has been elected), for this purpose treating the last day of the applicable Computation Year as a computation date,within the meaning of Section 1.148-1(b)of the Rebate Regulations(the "Rebatable Arbitrage"). The City shall obtain expert advice as to the amount of the Rebatable Arbitrage to comply with this Section. (b) Annual Transfer. Within 55 days of the end of each applicable Computation Year with tespect to the Bonds, an amount shall be transferred by the City to be deposited to the Rebate Fund from any legally available funds,including the other funds and accounts established herein, so that the balance in the Rebate Fund shall equal the amount of Rebatable Arbitrage so calculated in accordance with clause (i)of this Subsection(a). In the event that immediately following the transfer required by the previous sentence,the amount then on deposit to the credit of the Rebate Fund exceeds the amount required to be on deposit therein,the Director of Financial 14 DOCSOC�9402I2v5�22707.0009 .. � S Services shall withdraw the excess from the Rebate Fund and then credit the excess to the Debt I Service Fund. � (c) Payment to the Treasury. The City shall pay to the United States Treasury, out of amounts in the Rebate Fund: (7� Not later than 60 days after the end of(A)the fifth Computation Year with respect to the Bonds,and(B) each applicable fifth Computation Year thereafter,an amount equal to at least 90% of the Rebatable Arbitrage calculated as of the end of such Computation Year; and (Y) Not later than 60 days after the payment of all the Bonds,an amount equal to 100%of the Rebatable Arbittage calculated as of the end of such applicable Computation Yeaz,and any income attributable to the Rebatable Arbitrage,computed in accordance with Section 148(�of the Code. In the event that,prior to the time of any payment required to be made firom the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due,the City shall calculate or cause to be calculated the amount of such deficiency and deposit an amount received from any legally available source, including the other funds and accounts established herein, equal to such deficiency in the Rebate Fund prior to the time such payment is due. Each payment required to be made pursuant to this Subsection(1)shall be made to the Internal Revenue Service Center,Ogden, Utah 84201 on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038-T prepazed by the Ciry, or shall be made in such other manner as provided under the Code. The Fiscal Agent shall be deemed conclusively to have complied with such provisions if it follows the directions of the City and shall have no liability or responsibility to enforce compliance by the City with the terms of the guidelines for compliance for Rebate. 15 DOCSOC\940212v5�22707.0009 � � ; i (d) Disposition of Unexpended Funds. Any funds remaining in the Rebate Fund � i after redemption and payment of the Bonds and the payments described in Subsection(1), may be urilized in any manner by the City. i (e) Survival ofDefeasance. Notwithstanding anything in this Section or the � Resolurion to the contrary, the obligation to comply with the requirements of this Section shall survive the defeasance of the Bonds. SECTION 11. Securiry/Debt Service Fund. The City Council, so far as is practicable, shall fix such rate or rates for a tax to be levied in the City as will result in revenues which will pay the interest on the Bonds, and provide a sinking or other fund for the payment of the principal of the Bonds as such principal may become due. If the revenues of the City are,or in the judgment of the City Council will probably be, inadequate for any cause to pay the principal of or interest on the Bonds as said principal and interest become due,and the amounts above set forth, the City Council must cause a tax to be levied,as provided in the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.), sufficient to pmvide for such deficit and to pay the amount of such principal and interest as will become due before the proceeds of a tax levied at the next general ta�c levy will be available. The City Council shall determine the fiscal year for all of the amounts above set forth, and shall fix the rate or rate of tax to be levied which will raise the amounts of money required by the City for such purposes, and as required by the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.),the City Council shall certify to the County Auditor of the Counry of San Luis Obispo (the"Auditor") the rate or rates so fixed and shall fumish to the Auditor a statement in writing containing the following: (a)an estimate of the minimum amount of money required to be raised by taxation during the fiscal yeaz for the payment of the principal of and interest on the Bonds,as will become due before the proceeds of a tax levied at the next general tax levy will be available; (b)an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for all other 16 oocsoc�9aoz i z�s�zz�o�.000v ; � � � ; putposes of the City; and(c) any other items required by the provisions of Chapter 4 of Division 4 of Title 4 of the California Government Code (Sections 43600 et seq.). The Auditor shall compute and i i enter in the county assessment roll the respective sums to be paid as a City tax on the pmperty within f , the City using the rate or rates of levy as fixed by the City Council and the assessed value as found on the assessment roll for the pmperty subject to the tax. It shall be the duty of all county officers charged with the duty of collecting taaces to collect such tax in time, form and manner as county taxes are collected and when collected to pay the same to the City. All such taxes for the payment of principal and interest on the Bonds shall be established, levied and collected as pmvided in the provisions of Chapter 4 of Division 4 of Title 4 of the California Govemment Code(Sections 43600 et seq.). All moneys derived from such taxes and all other moneys allocated and designated for payment of said Bonds and the interest thereon shall be placed in a fund of the City and designated "City of Arroyo Grande(Fire Station Project) Debt Service Fund"(the"Debt Service Fund"), shall be kept separate and apart&om all other funds of the City,and until all of said Bonds and all interest thereon have been fully paid(or defeased)the moneys in said fund shall be used for no other purpose than the payment of said Bonds and the interest thereon;pmvided,however,that when all of the principal and interest on all of the Bonds have been paid, any balance of money then remaining in y k said funds shall be transferred to the general fund of the City. Interest earned on the investment of g t '� monies in the Debt Service Fund shall be retained in the Debt Service Fund and used by the Ciry to � pay principal and interest on the Bonds when due. � The Director of Financial Services shall hansfer available monies from the Debt Service Fund to the Fiscal Agent in amounts sufficient and at such time as are necessary to promptly pay principal and interest on the Bonds as such shall become due; and the Fiscal Agent shall establish a fund designated the"City of Arroyo Grande (Fire Starion Project) Bond Fund"(the"Bond Fund") for 17 DOCSOC�940212v5�22707.0009 � i ( € such purpose and shall make payments to the bondholders of principal and interest on the Bonds as ! f such shall become due. SECTION 12. Investmends. � (a) Moneys in the Acquisition and Construction Fund shall be invested in ' Authorized Investments which will by their terms mature,or in the case of an Investment Agreement are available without penalty, as close as practicable to the date the City estimates the moneys represented by the particular inveshnent will be needed for withdrawal &om the Acquisition and Construcrion Fund. Earnings on investments of monies in the AcquisiHon and Construction Fund shall be retained therein and applied in accordance with authorized uses thereof and applicable law. (b) Moneys in the Debt Service Fund and the Bond Fund shall be invested only in Authorized Investments which will by their terms mature,or in the case of an investrnent agreement are available for withdrawal without penalty,on such dates so as to ensure the payment of principal of,premium, if any, and interest on the Bonds as the same become due. The Fiscal Agent shall be under no obligation to invest moneys in the Bond Fund except on the written instruction of the Director of Financial Services. Inveshnent earnings, if any, in the Bond Fund in excess of amounts held for the benefit of Owners shall be returned to the City for deposit in the Debt Service � ; Fund. � In the event that an Authorized Representative of the City does not so directthe Fiscal Agent, the Fiscal Agent shall invest such funds and accounts in the Authorized Investcnents described in paragraph A of the definition contained herein. The City and the Fiscal Agent, at the direction of the City, shall sell at the best price obtainable, or present for redemption,any obligations so purchased whenever it may be necessary to do so in order to pmvide moneys to meet any payment or transfer to such funds and accounts or from w z such funds land accounts. For the purpose of determining at any given time the balance in any such � z x funds, any such inveshnents constituting a part of such funds and accounts shall be valued at their 18 DOCSOC�940212v5�22707.0009 f 4I I � mazket value. Notwithstanding anything herein to the contrary, the Fiscal Agent shall not be j i responsible for any loss from investments, sales or transfers undertaken in accordance with the � ; provisions of this Resolution. SECTION 13. Tax Covenants. Ciry hereby covenants and agrees with the owners of the � j Bonds to take no action or refrain from taking any action which,in the opinion of Bond Counsel, would result in the interest received by the Owners being includable in gross income for federal income tax purposes. In order to preserve the exclusion from gross income of interest on the Bonds for federal income ta�c purpose,the City covenants to comply with all applicable requirements of the Code,and any Regularions which are necessary to preserve such exclusion from gross income and specifically covenants,without limiting the generality of the foregoing,that: (a) Private Activity. The City will take no action or re&sin from taking any acdon or make any use of the proceeds of the Bonds issued on a tax-exempt basis or of any other monies or property which would cause the Bonds issued on a tax-exempt basis to be"private acrivity bonds"within the meaning of Section 141 of the Code; (b) Arbitrage. The City will make no use of the proceeds of the Bonds issued on a ta�c-exempt basis or of any other amounts or pmperty,regazdless of the source, or take any action or refrain from taking any action which will cause the Bonds issued on a tax-exempt basis to be "arbitrage bonds"within the meaning of Section 148 of the Code; � (c) Federal Guaranty. The City will make no use of the proceeds of the Bonds issued on a tax-exempt basis or take or omit to take any action that would cause the Bonds issued on # � a tax-exempt basis to be"federally guaranteed"within the meaning of Section 149(b)of the Code; � (d) Information Reporting. The City will take or cause to be taken all necessary s acrion to comply with the informational repoRing requirement of Section 149(e) of the Code; � g n (e) Hedge Bonds. The City will make no use of the proceeds of the Bonds issued � , '� on a tax-exempt basis or any other amounts or property, regardless of the source, or take any action 19 DOCSOC\940212v5�22707.0009 . _ � � � f or refrain from taking any action that would cause either the Bonds issued on a tax-exempt basis to � s be considered"hedge bonds"within the meaning of Secrion 149(g)of the Code unless the City takes � f , all necessary action to assure compliance with the requirements of Section 149(g)of the Code to � i maintain the exclusion from gross income of interest on the Bonds issued on a tax-exempt basis for federal income tax purposes; and (� Miscellaneous. The City will take no action or re&ain from taking any action inconsistent with its expectations stated in that certain Tax Certificate executed by the City in connection with each issuance of Bonds issued on a tax-exempt basis and will comply with the covenants and requirements stated therein and incorporated by reference herein. SECTION 14. Book-Entry Only System. DTC shall act as the inirial Depository for the Bonds. One Bond for each maturity of the Bonds shall be initially executed,suthenricated, and delivered as set forth herein with a separate fully registered certificate(in print or typewritten form). Upon inirial execudon,authenticarion,and delivery,the ownership of the Bonds shall be registered in the Bond Register kept by the Fiscal Agent for the Bonds in the name of Cede &Co., as nominee of DTC or such nominee as DTC shall appoint in writing. _, The representatives of the City and the Fiscal Agent aze hereby authorized to take any and all rz actions as may be necessary and not inconsistent with this Resolution to qualify the Bonds for the Depository's book-entry system, including the execution of the Depository's required representarion ' letter. With respect to Bonds registered in the Bond Register in the name of Cede &Co.,as nominee of DTC, neither the City nor the Fiscal Agent shall have any responsibility or obligarion to any bmker-dealer,bank, or other financial institurion for which DTC holds Bonds as Depository from time to time(the"DTC Participants")or to any person for which a DTC Participant acquires an interest in the Bonds (the"Beneficial Owners"). Without limiting the immediately preceding sentence,neither the City nor the Fiscal Agent shall have any responsibility or obligation with 20 DOCSOC�940212v5�22707.0009 t � i ( � respect to (i)the accuiacy of the records of DTC, Cede&Co.,or any DTC Participant with respect to � any ownership interest in the Bonds, (ii)the delivery to any DTC Participant, any Beneficial Owner, ! or any other person, other than DTC, of any notice with respect to the Bonds, including any notice of i i redemption, (iii)the selection by the Depository of the beneficial interests in the Bonds to be i , tedeemed in the event the City elects to redeem the Bonds in part, (iv)the payment to any DTC Participant, any Beneficial Owner, or any other person, other than DTC,of any amount with respect to the principal of or interest on the Bonds,or(v)any consent given or other action taken by the Depository as Owner of the Bonds; except that so long as any Bond is registered in the name of Cede&Co., as nominee of DTC,anyone represenring themselves to be the Beneficial Owner of $1,000,000 or more in aggregate principal amount of Bonds who has filed a written request to receive notices, containing such Beneficial Owner's name and address,with the Fiscal Agent shall be ptovided with all notices relating to such Bonds by the Fiscal Agent. Except as set forth above,the Fiscal Agent may treat as and deem DTC to be the absolute Owner of each Bond for which DTC is acting as Depository for the purpose of payment of the principal of and interest on such Bonds, for the purpose of giving notices of prepayment and other $ � matters with respect to such Bonds, for the purpose of registering transfers with respect to such { ts Bonds,and for all pucposes whatsoever. The Fiscal Agent shall pay all principal of and interest on the Bonds only to or upon the order of the Owners as shown on the Bond Register, and all such payments shall be valid and effective to fully satisfy and discharge all obligations with respect to the principal of and interest on the Bonds to the extent of the sums or sums so paid. No person other than an Owner, as shown on the Bond Register, shall receive a physical Bond. Upon delivery by DTC to the Fiscal Agent of written notice to the effect that DTC has deteanined to subsritute a new nominee in place of Cede&Co.,and subject to the transfer provisions hereof, references to"Cede &Co." in this Section 15 shall refer to such new nominee of DTC. 21 oocsoc��aoz i z�s�zno�.0009 _. . f i ; � I DTC may determine to discontinue providing its services with respect to the Bonds at any I E time by giving written notice to the Fiscal Agent during any time that the Bonds aze Outstanding, and � discharging its responsibilities with respect thereto under applicable law. The Ciry may terminate the ; i services of DTC with respect to the Bonds if it determines that DTC is unable to discharge its responsibilities with reSpect to the Bonds or that continuation of the system of book-entry transfers through DTC is not in the best interest of the Beneficial Owners, and the Ciry shall mail norice of such termination to the Fiscal Agent. Upon the termination of the services of DTC, as provided in the previous paragraph,and if no substitute Depository willing to undertake the functions hereunder can be found which is willing and able to undertake such functions upon reasonable or customary terms, or if the City determines that it is in the best interest of the Beneficial Owners of the Bonds that they be able to obtain certificated Bonds, the Bonds shall no longer be restricted to being registered in the Bond Register of the Fiscal Agent in the name of Cede &Co., as nominee of DTC,but may be registered in whatever name or , l name the Owners shall designate at that rime,in accordance with Secdon 15. To the extent that the Beneficial Owners are designated as the transferee by the Owners, in accordance with Section 15,the Bonds will be delivered to such Beneficial Owners as soon as prac6cable. SECTION 15. Defeasance. The Bonds may be defeased in whole or in part prior to maturity by irrevocably depositing with the Director of Financial Services(or an entity designated by the Director of Financial Services to act as escrow agent with respect thereto): (a) An amount of cash which together with amounts then on deposit in the Debt Service Fund, is sufficient,without reinvestment,to pay and discharge all or part of the Bonds outstanding(including all principal, interest and premium, if any)at or before their stated maturiry date; or 22 DOCSOC\940212v5�22707.0009� . __ _. P � ; (b) Federal Securities (as hereinafter defined)not subject to call,together with � I cash,if required, in such amount as will,without reinvestment, in the opinion of an independent ; certified public accountant, together with interest to accnie thereon and moneys then on deposit in i the Debt Service Fund together with the interest to accrue thereon,be fully sufficient to pay and � I dischazge all of the corresponding Bonds(including all principal and interest and premium, if any)to I be defeased at or before their stated maturity date;then,notwithstanding that any of the Bonds shall not have been surrendered for payment, all obligations of the City with respect to all said outstanding Bonds shall cease and terminate, except only the obligation of the City to pay or cause to be paid from funds deposited pursuant to paragraphs(a)or(b)of this Secrion, to the owners of said Bonds not so surrendered and paid all sums due with respect thereto;provided that the City shall have received an opinion of bond counsel for said Bonds,that said Bonds have been defeased. For purposes of this Section,"Federal Securiries"shall mean any of the following which at the time are legal investments under the laws of the State of California for the moneys proposed to be invested therein: � (i) United States Obligations(as hereinafter defined) (including the Department of the Treasury of the United States of America); and (ii) Pre-refunded fixed interest rate municipal obligations meering the following condirions: (a)the municipal obligations aze not subject to redemption prior to maturity, or the Fiscal Agent has been given irrevocable instructions concerning their calling and redempHon and the issuer has covenanted not to redeem such obligations other than as set forth in such instructions; (b)the municipal obligations are secured by cash and/or United States Obligations, which obligations may be applied only to interest,principal,and premium,payments of such municipal obligations; (c)the principal of and interest on the United States Obligations(plus any cash in the escrow fund)are sufficient to meet the liabilities of the municipal 23 DOCSOC�940212v5�22707.0009 . � � I obligations; (d)the United States Obligations serving as security for the municipal � t obligations aze held by an escrow agent or Fiscal Agent; (e) the United States j ; Obligations are not available to saNsfy any other claims, including those against the Fiscal Agent or escrow agent; and(�the municipal obligations are rated AAA by ; I S&P and Aaa by Moody's. ' For purposes of this Secrion, "United States Obligations"shall mean: (1) Direct and general obligarions of the United States of America, or obligations that are unconditionally guaranteed as to principal and interest by the United States of America;or (2) The interest component of Resolu6on Funding Corp. (REFCORP)strips which have been stripped by request to the Federal Reserve Bank of New York in book-entry form. SECTION 16. Supplemental Resolutions. (a) This Resolution,and the rights and obligations of the City and of the Owners of the Bonds issued hereunder,may be modified or amended at any time by a supplemental resolution adopted by the Ciry with the written consent of Owners owning at least 60%in aggegate principal amount of the outstanding Bonds, exclusive of Bonds,if any,owned by the City;provided, however,that no such modification or amendment shall,without the express consent of the Owner of . each Bond affected, reduce the principal amount of any Bond, reduce the interest rate payable thereon, advance the eazliest redemption date thereof,extend its maturiry or the rimes for paying interest thereon or change the monetary medium in which principal and interest is payable,nor shall any modification or amendment reduce the percentage of consents required for amendment or modification. No such supplemental resolution shall change or modify any of the rights or obligations of any Fiscal Agent without its written assent thereto. Notwithstanding anything herein to the contrary,no such consent shall be required if the Owners are not directly and adversely affected by such amendment or modification. 24 DOCSOC�940212v5�22707.0009 � _ � ;: M (b) This Resolution,and the rights and obligations of Ute City and of the Owners f of the Bonds issued hereunder,may be modified or amended at any time by a supplemental f resolution adopted by the City without the written consent of the Owners; ; (i) To add to the covenants and agreements of the City in this Resolution, ! other covenants and agreements to be observed by the City which are not contrary to � or inconsistent with this Resolution as theretofore in effect; ? (ii) To add to the limitarions and restrictions in this Resolution,other limitations and restrictions to be observed by the City which are not contrary to or inconsistent with this Resolurion as theretofore in efYect; (iii) To confirm as further assurance any pledge under, and the subjecrion to any lien or pledge created or to be created by,this Resolution, of any moneys, securities or funds,or to establish any additional funds or accounts to be held under this Resolution; (iv) To cure any ambiguity, supply any omission, or cure to correct any a defect or inconsistent provision in this Resolution; or (v) To amend or supplement this Resolution in any other respect, r provided such supplemental resolution does not adversely affect the interests of the Owners. (c) Any act done pursuant to a modificarion or amendment so consented to shall be binding upon the Owners of all the Bonds and shall not be deemed an infringement of any of the pmvisions of this Resolution,whatever the character of such act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent relating to such specified matters has been given,no Owner shall have any right or interest to object to such action or in any manner to question the propriety thereof or to enjoin or restrain the City or any officer or agent of the City from taking any action pursuant thereto. 25 oocsoc�vaoz i z�s�zz�oz0009 _. , � � � i SECTION 17. Resolution to Constitute Contract. In consideration of the purchase and i acceptance of any and all of the Bonds authorized to be issued hereunder by those who shall own the ! same from time to rime, this Resolution shall be deemed to be and shall consritute a contract by and � between the City and the Owners from time to time of the Bonds; and the pledge made in this � Resolurion shall be for the equal benefit,protection and security of the Owners of any and all of the Bonds,all of which, regazdless of the time or times of their issuance or maturity, shall be of equal rank without preference,priority or distinction of any of the Bonds over any other thereof. SECTION 18. Continuing Disclosure. The City hereby covenants and agees that it will comply with and carry out all of its obligations under its Condnuing Disclosure Agreement to be executed and delivered by the City in connection with the issuance of the Bonds. Notwithstanding any other provision of this Resolurion, failure of the City to comply with the Conrinuing Disclosure Agreement shall not be considered an Event of Default;however,any Owner or Beneficial Owner A may take such acrions as may be necessary and appropriate,including seeking mandate or specific performance by court order,to cause the City to comply with its obligations under this Secrion 17. For purposes of this Section,"Beneficial Owner"means any person which has or shares the power, directly or indirectly,to make investrnent decisions concerning ownership of any Bonds(including persons holding Bonds through nominees, depositories or other intermediaries). 26 DOCSOC�940212v5�22707.0009 � � � , r SIGNED AND APPROVED as of this 1 st day of February, 2003. ! CTTY OF ARROYO GRANDE j [SEAL] By: I Its: Mayor ; � ATTEST: City Clerk APPROVED AS TO FORM: � Special Counsel 27 oocsoc�9aoz i z�s�zno�.0009 � � ____._. I , � '; EXHIBIT A ( R- - $ � UNITED STATES OF AMERICA � STATE OF CALIFORNIA I COUNTY OF SAN LUIS OBISPO CITY OF ARROYO GRANDE GENERAL OBLIGATION BOND SERIES A OF 2003 (FIItE STATION PROJECT) INTEREST RATE M.ATURITY DATE DATED DATE CUSIP NO. % August 1,_ ,2003 REGISTERED OWNER: CEDE &C0. � PRINCIPAL AMOUNT: ANDNO/100 DOLLARS THE CTfY OF ARROYO GRANDE, a municipal corporation situated in the County of San Luis Obispo, State of California(the"City"), duly organized and exisring under and by virtue of the Consritution and laws of the State of Califomia, hereby aclmowledges its indebtedness and pmmises to pay to the registered owner named above or registered assigns(the"Registered Owner"), the Principal Amount stated above on the Maturity Date stated above, and to pay such registered owner by check mailed by first class mail,postage prepaid,thereto at its address as it appears on the register kept by the Fiscal Agent at the close of business on the fifteenth day of the month preceding the Interest Payment Date(as hereinafter defined) (the "Record Date"),or,at the request of an owner of in excess of$1,000,000 aggregate principal amount of bonds,by wire transfer, interest on such principal amount on each February 1 and August 1,commencing February 1, 2004(each, an"Interest Payment Date")next preceding the date of authentication(unless(i)the date of authentication is prior to the first Record Date in which event from the Dated Date shown above, (ii)the date of A-1 DOCSOC'�940212v5�22707.0009 P ; ; authenrication is after a Record Date and before the following Interest Payment Date in which event � it shall bear interest&om such Interest Payment Date, or(iii)it is authenticated as of an Interest I s Payment Date, in which event it shall bear interest from such date unril the Principal Amount hereof shall have been paid or provided for in accordance with the Resolurion hereinafter referred to, at the � I interest rate stated above,payable on each Interest Payment Date. Principal and any premium upon � the redemption prior to the maturity of all or part hereof are payable at the principal corporate hust office of Wells Fargo Bank,National Association, Fiscal Agent for the Bonds, in Los Angeles, Califomia. All such amounts are payable in lawful money of the United States of America. Capitalized terms used herein and not defined shall have the meanings given such terms in the Resolution (as hereinafter defined). The principal of and interest on the Bonds may be paid from ta�ces levied for the payment � thereof,which taxes shall be levied exclusively upon the taxable property in the City. This Bond is issued in fully registered form. It may be exchanged for a like aggegate principal amount of bonds of other authorized denominarions of the same series and maturity,all as more fully set forth in the Resolution of Issuance of the City adopted on January 28, 2003, ResoluUon No._and the Supplement to Resoludon No._dated as of February 1, 2003, executed in connection therewith(collectively,the"Resolution"). This Bond is transferable by the Registered Owner hereof,in person or by its attorney duly authorized in writing, at the principal corporate trust office of the Fiscal Agent in Los Angeles,Califomia,but only in the manner, subject to the limitadons and upon payment of the chazges provided in the Resolurion, upon surrender and cancellation of this Bond. Upon such transfer a new registered Bond of authorized denomination or denominaHons for the same aggregate principal amount of the same series and maturity will be issued to the transferee in exchange therefor. Bonds maturing on or after August 1, 2013 are subject,at the option of the City, to redemprion prior to their stated maturities in whole or in part on any date commencing August 1, A-2 DOCSOC\940212v5�22707.0009 _ � � � 2012, selected among maturities, if in paRs as neazly as practicable on a pro-rata basis,and by lot � within a maturity, at the following redemption prices, expressed as a percentage of the principal � amount thereof, together with accrued interest to the date fixed for redempNon: Redemption Dates Redemntion Price � i August 1, 2012 through July 31,2013 101% ( August 1,2013 thmugh July 31, 2014 100.5 August 1, 2014 and thereafter 100 The City and the Fiscal Agent may treat the Registered Owner hereof as the absolute owner hereof for all purposes, and the City and the Fiscal Agent shall not be affected by any notice to the contrary. This Bond shall not be entitled to any benefit under the Resolution,or become valid or obligatory for any putpose,until the certificate of authentication hereon endorsed shall have been � signed by the Fiscal Agent. It is heteby recited,certified and declazed that the total amount of indebtedness of the City, including the amount of this Bond, is within the limit provided by law and that any and all acts, condidons and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in due time, form and manner as required by the Constiturion and laws of the State of California. A-3 oocsoa9aoz i z�s�z2�o�.0009 _ . € � F i IN WITNESS WHEREOF, THE CTTY OF ARROYO GRANDE has caused this Bond to be ' signed by the Mayor and the Treasurer of said City, and countersigned by the City Clerk of said City, � I by their facsimile signatures. ` CITY OF ARROYO GRANDE I I By: Its: Mayor By: Its: Treasurer COUNTERSIGNED: re k City Clerk of the Ciry of Arroyo Grande � [FORM OF CERTIFICATE OF AUTHENTICATION] This is one of the fully registered Bonds described in the within-mentioned Resolurion. Date of Authenrication: , 2003 WELLS FARGO BANK,NATIONAL ASSOCIATION,as Fiscal Agent By: Its: Authorized Signatory A-4 � DOCSOC\940212v5�22707.0009 [FORM OF ASSIGNMENT] For value received, the undersigned do(es)hereby sell,assign and transfer unto '� � � i (Name, Address and Tax Idenrification or Social Securiry Number of Assignee) � i the within Bond and do(es)hereby irrevocably constitute(s)and appoint(s) attorney,to transfer the same on the registration books of the Fiscal Agent with full power of substiturion in the premises. Dated: Signature Guarantee: ' Notice: Signature(s)must be guaranteed by a Notice: The signature on this assignment must qualified guarantor. correspond with the name(s) as written on the face of the within Bond in every particular without alteraHon or enlargement or any change whatsoever. A-5 DOCSOC7940212v5�22707.0009 . ATTACHMENT A Stradling Yocca Carlson&Rauth � G DraJt of 1/13/03 ° '� '� pRELIMIl�TARY OFFICIAI.STATEMENT DATED JANiJARY 28,2003 ` ° W `� �y '� NEW ISSU�FULL BOOK-ENTRY RATING: Stand�rd&Poor's: _ $ �� (See°MISCELLANEOUS-R�dnp^herde.) �' �; y !n!he opinion of S+radlirtg Yocca Corison&Routh,a Rnfessionaf CorporoNon.Newport Bench.Caltfamio("Bond Counse!'J,umder uisfing y >, swtufes.regulatiou,ivlings andjudicial decistons,and assuming fhe occuracy of certan repreaenmfions and rnmplfance wi(h cerwin � o � rnrenanu ad repuiremenfs described herein,inferest(and origf�m!issue d'ucounf)on fhe Bwde Lr excludedjrom grosa fncome fw � g �o f¢dacl income mx purpaees and is no!on item of ws preference for purposet ojcalalafing fhe federo(alfernaNue mfnimum � I� y tmr impased on individuols and corpnrotions. !n the furfAa�opinton ofBond Counae{in7erest(and origina!issue d'umunt) � �$ ° � on the Bonds is asemp7 from SYore of Ca/ifornio pasonol income wz 77ie Ciry has duignaled fhe Bonda m � �� "bnnk quo[�ed"under(Ae provisions ofSet�ion 165@)(3)of fhe Jnternol Revenue Code of/986,ar omended. � o �z See"LEGALMATTERS-TaxEumpfbn"and"BANKQUALFlEDOBLIGA770NS"herein. " F � STATE OF CALIFORNIA COUN7'Y OF SAN LNS OBISPO I: � ,� � 51.900,000� I � =.� CTTY OF ARROYO GRANDE �� � ffi GENERAL OBLIGATION BONDS,SERIES A OF 2003 ��� �°� (Fin Shtion Project) � `o m SAN LUIS OBISPO COUNTY,CALIFORNIA � 'O° •°^ ' (BANK QUALIFIED) � o o Dated:Date of Delivery Due: August 1,as s6own below o � o ' This Official Statement describes the$1,900,000�City of Aaoyo Grande General Obligetion Bonds,Series A of 2003 (Firo Stsaon � °�� Projxt) (the"Bonds'�. The Bonds are being issued by the City for the purpose of firur�cing t6e expansion aod retrofitting of the Ciry's fire atatlon and W pay the costs issuing the Bonds. The Bonds were authorized at a spatial electlon of the registered volers of t6e City of Arroyo � '�� Grende(the"Ciry'�held on November 5,2002,at wltich more then nvo-thirds of the pe�sons wdng on the proposidon voted w authoriu the :� '� issuence and sale of 51,900,000 principal amount of general obligation bonds of the City(the"Authorizadon"). � �or� The Bonds are general obligation bo�s of the City payable from ad valorem mrzes,without Iimitation of rete or amount,levied upon all properry witltin the City subjat to taxarion by the City(except c�rlain personal property which is texable at limited rstes). The Ciry Council v � � will at the time of levy of general counry taxes,levy end cause to be coliected in the manrcr preacribed by law for county taxes,a tex on the real � � property witltin the City,sufficirnt w provide the amounts nwessary for the payment of the Bonds and interest t6ercon. Sx APPENDIX D— � Q "GENERAL INFORMAT[ON RELATAIG TO 1'f�CITY OF ARROYO GRANDE"herein. E � $ The Bonds will be issued in book-rntry form only,and will be inidally issued and registaed in the name of Cede 8e Co.es nominx �� n. for The Depository Trust Company,New York,New York(collectivety roferred to herein as"DTC�. Purchase�s will not rxeive certificates 0� representing their interest in the Bonds. Sa"TfIE BONDS—Book-Entry Only System"herein. ` �. � The Bonds will be issued puisuant w a Resoludon of the Ciry Council adopted]anuary 28, 2003 end that certain Supplement w o � Resolution No. dated as of February 1,2003. The Bonda witl be in fu11y regiatered fomy wiUwut coupons,in the devominations of $ _E �+ 55,000 or any integral multiple thereoE Interest on the Bonda is payable on Febniary 1 and August 1 of ach year,commencing February 1, 2004. The Bonds whrn iasued will be reBstered in the name of Cede R.Co.,as rominee of the Depository Truat Compeny("DTC'�,New York, � � � New York,and will be initially issued as one bond for eech of the maturities of the Bonda,in the primipal amouMS set forth below. Beneficial `� � o B efi al ownefs of the Bonds wi 1 bnotrec�phys calkc'ficates represend'ng the Bonds p hased,accept n the,even�at t6e ose of�the � i� book-entry system for the Bonds is discontinued. See"THE BONDS—Book-Entry Only System"herein. � ° The Bonds are subject w redemption prior to maturity,as descnbed herein. Sx"THE BONDS—Redemption Provisions"herein. � � ° MATURlTYSCNEDULE � Mafurhy PrJndM� fnurcu Yield MatWrJry PrineJp/ �wtenrf Ykl/ � �= Ax usf! AuiioxM Rete Argrafl Amaunl Ran e � '� e 2014 $ �o Zp�pg 2015 2016 �� g� zo�o� zon � � � 2� zma �°- �� Z� zot9 ; 2010 2020 �`� � 2011 2021 � ,0 2012 2022 .. e � �' 2013 2023 � ° 'g'$ This eovn psge rnntains cerraln fnjorn�atloe jor reJaenct only. /�is nw o sa�niory ojthL�Jtnanclwg. A tbarougi revkw oj�he � � ,� entire O,akk(StWenient U nereawry ro obtaln fnjarntatlon essentlal m tbe n�oking ojan lnfonxtAinvapentt dtelabe. � 7he Bonds are o,Q'ered when, as and if issued, su6ject lo tke approva! aa m legaliry by Stradling Yoccu CarLson& Rauth, a � 'e�O S Projessiona!Corporotion,Newport Beach, Calijornia,Bond Counsel. Certain maMers wil!be passed on jor the Ciry by Lyon&Carmel. Son a�, l� ty n�• va ryI I rr u « �, Luis Obis Calr rnia,the Ci Attorn /t is an�ici ted that the Bondr in book-ent orm will be avai/able or delive to DTC on or about � �:� February 15,2003. . �u y � ;� °� Dated: February�2003 � 6 � ��9�'� �Preliminary,subject ro change. � .5y � � £.x . DOCSOC�937566v5�22707.0009 � � 4 CITY OF ARROYO GRANDE � (Sxn Luis Obispo Couoty,California) � CITY COUNCIL k Tony M.Ferrara,Mayor � Jim Dickens,Mayor Pro Tem � Thomas A.Runels,Council Member Sandy Lubin, Council Member Joe Costello,Council Member � CITY STAFF ; Steven D.Adams,Ciry Manager � Terry Fibich,Director ofBuilding and Fire Lynda Snodgrass,Director of Financial Services Kelly Wetmore,Director ofAdministra8ve Services Nancy Davis, City Clerk Janet Huwaldt,Ciry Treasurer SPECIAL SERVICES City Attoroey Lyon&Carmel San Luis Obispo,Califomia Bond Counsel Strndling Yocca Cazlson&Rauth a Professional Corpoiation Newport Beach,Califomia Fiscal Agent and Disseminatlon Agent Wells Fazgo Bank,National Associarion Los Angeles,California Financial Advisor A. M.Miller&Co.,Inc. San Diego,Califomia DOCSOC\937568v5�22707.0009 � No dealer,broker,salesperson or other person has been authorized by the City to give any information ot to make any ropresentations other than those contained herein. If given or made,such other�inforn�ation or ropresenta[ions must not be relied upon as having been authorized by the City. This Official Statement does not cons[itute an offer to sell or the solicitation of an otTer to buy,nor shall [here be any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an of£er,solicitation or sale. This Official Statement is not to be construed as a contract with the purohasers of the Bonds. Statements contained in � this O�cial Statement which involve estima[es,forecasts or matters of opinion,whether or not expressly so deacribed herein,are intended solely as such and are not to be wnstrued as represenptions of fact. ! f The infortnation and expression of opinion herein are subject to change without notice and neither delivery of this Official Statemrnt nor any sale made hereundtt shall, under any ciroumstances, crea[e any implication tha[there has bern no change in the affaire of the City or any other parties described herein since the date hereof. This Official Statement is being submitted in connection with the sale of the Bonds referted to herein and may not be reproduced or used,in whole or in part,for any othtt purpose, unless authorized in writing by the City. All summaries of dceuments and Iaws aze made subject to [he provisions thereof and do not puryort ro be complete statert�nts of any or all such provisions. If Certain statements included or incorporated by roference in this Official Statement constitute °forward-looking 4 statements"within the meaning of the United States Private Securitles Litigation Reform Act of 1995,Section 21 E of the United States Securities Exchange Act of 1934,as amended,and Sec[ion 27A of the United States Securities Act of 1933,as amended. Such s[atements aze generally identifiable by the temtinology used such as a"plan,""expect,"`bstima[e,'"project,""budget"or ; similaz words. Such forward-looking statements include,but are not limited to certain statements contained in the infomiation �, under the�captions APPBNDIX D — "GENERAL INFORMATION RELATING 7'O THE CITY OF ARROYO GRANDE" ' herein. � I 7'he achievemen[of certain results or other expectations wntained in such forwazd-looking statements involves l�own � and unknown risks,uncertain[ies and other factors which may cause actual results,performance or achievements described to be materially differen[ from any future results, perfoTmazice or achievements exprossed or implied by such forward-looking statements. While the City has agreed to provide certain on-going financial and operating data for a limited period of time, it does not plan to issue any updates or revisions to those forward-looking statements if or when its expectadons or events, conditions or circumstances on which statements are based change. See"CONTINUING DISCLOSURE"and APPENDIX C— "CONTTNOING DISCIASURE AGREEMENT'herein. WITH RESPECT TO THIS OFFERING, THE UNDERWRITER MAY ALLOT OR EFFECT TRANSACTIONS WHICH STABII.IZE OR MAINTAIN THE MARKET PRICE OF TRE BONDS AT A LEVEL . ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL W THE OPEN MARKET. SUCH STABII.IZING, IF COMMENCED,MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITER MAY OFFER AND SELL THE BONDS DESCRIBED HEREIlV TO CERTAIN DEALERS AND DEkLER BANKS AND BANKS ACTING AS AGENT AND OTHERS AT PRICES LOWER THA1V THE PUBLIC OFFERING PRICES STATED IN THIS OFFICIAL STATEMENT AND SAID PUBLIC OFFERING PRICES MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933,AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT AND HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE. E DOCSOC\937568vS22707.0009 �. TABLE OF CONTENTS P� � INTRODUCTION..........................................................................................................:..................................... 1 � General.............................................................................................................................................................1 � TheCity............................................................................................................................................................l Sourcesof Payment for the Bonds...................................................................................................................1 ( Pucposeof the Issue..........................................................................................................................................l 4 Descriptionof the Bonds..................................................................................................................................2 � TaxExemption.................................................................................................................................................2 � Authority for Issuance of Bonds......................................................................................................................2 � Professionals Involved in the Ott'ering.............................................................................................................2 I Offeringand Delivery of the Bonds.................................................................................................................3 ContinuingDisclosure......................................................................................................................................3 OtherInformallon.............................................................................................................................................3 i I THEPROJECT.....................................................................................................................................................3 , THEBONDS........................................................................................................................................................4 ! Authorityfor Issuance......................................................................................................................................4 � Descripdonof the Bonds..................................................................................................................................4 i RedemptionProvisions....................................................................................................................................4 RedemptionProcedure.....................................................................................................................................5 Tcansferof the Bonds.......................................................................................................................................5 Exchangeof Bonds...........................................................................................................................................6 DebtService.....................................................................................................................................................6 AnnualDebt Service........................................................................................................................................6 Book-Entry Only System.................................................................................................................................6 Creation and Establishment of Funds...............................................................................................................7 Defeasance...............................................................................................................................:.......................7 TaxCovenants..................................................................................................................................................8 EstunatedSources and Uses.........................................................................................:...................................9 SECURITYFOR THE BONDS...........................................................................................................................9 General.............................................................................................................................................................9 PropertyTaxes.....................................................:..........................................................................................10 CONTINUINGDISCLOSURE......................................................................:...................................................11 CONSTITUTIONAL PROVISIONS AFFECTING PROPERTY TAXATION...............................................11 ArticleXIIIA..................................................................................................................................................11 ArticleXIIIB..................................................................................................................................................11 Article XIIIC and Article XIIID.....................................................................................................................12 UnitaryProperty.............................................................................................................................................13 Proposition62................................................................................................................................................13 FutureInitiatives............................................................................................................................................13 LEGALMAITERS...........................................................................................................................................13 TaxExemption...............................................................................................................................................13 LegalOpinion.................................................................................................................................................15 Legality for Investrnent in Califomia.............................................................................................................15 NoLidgation..................................................................................................................................................15 i DOCSOC�937568v5�22707.0009 � BANKQUALIFIED OBLIGATIONS...............................................................................................................15 MISCELLANEOUS........................................................................................................................................... 15 Y Ratings............................................................................................................................................................15 � Underwriting..................................................................................................................................................15 � AuditedFinancial Statements.........................................................................................................................16 ProfessionalFees............................................................................................................................................16 ( ADDTfIONAL INFORMATION......................................................................................................................16 � APPENDIX A AUDTI'ED FINANCIAL STATEMENTS FOR THE YEAR ENDEDJL1NE 30,2002....................................................................................................A-1 APPENDIX B FORM OF OPINION OF BOND COUNSEL...................................................................B-1 APPENDIX C CONTINUING DISCLOSURE AGREEMENT...............................................................Gl � APPENDIX D GENERAL INFORMATION RELATING TO THE CITYOF ARROYO GRANDE.........................................................................................D-1 j APPENDIX E CI1'1'INVESTMENT POLICY.........................................................................................E-1 i APPENDIX F BOOK-ENTRY ONLY SYSTEM......................................................................................F-1 � � ii DOCSOC\937568vA22707.0009 51,900,000' CITY OF ARROYO GRANDE GENERAL OBLIGATION BONDS,SERIES A OF 2003 (Fire Statlon Project) SAN LUIS OBISPO COUNTY,CALIFORNIA (BANK QUALIFIED) INTRODUCTION General � This Official Statement (which includes the cover page, the Table of Contents and the Appendices � attached hereto)is fumished by the City of Arroyo Gtande(the"City"), San Luis Obispo County,Califomia to � provide infocmation concerning the $1,900,000� aggregate original principal amount of the City's General � Obligation Bonds,Series A of 2003 (Fire Station Project)(the"Bonds"). � This Introduction is not a summary of this Official Statement. It is only a brief description of and � guide to, and is qualified by, more complete and detailed informarion contained in the entire Official Statement, including the cover page and appendices hereto, and the documents summarized or described f herein. A full review should be made of the entire Official Statement. The offering of Bonds to potendal � investors is made only by means of the entire Official Statement. i The City The City is located in San Luis Obispo County(the"County"),midway between Los Angeles and San Fiancisco. The City is a general law city inwrporated on July 1Q 1911 with a Council-Manager form of j govemment made up of five City Council Members. Four Council Members are elected bi-annually W four- � yeaz overlapping terros. The Mayor is elected bi-annually to a two-yeaz teim. The City encompasses an area of approximately 5.45 square miles and the 2002 populauon is estimated to be 16,300 as of January 1,2002. The City provides police pmtection, fire protection, animal control, emergency medical aid, building safety regulation and inspection, street lighting, water and sewer service,refuse collecrion, land use planning, and zoning, maintenance and improvement of streets and related structures, haf�ic safety maintenance and improvement and recreational and cultural programs for citizen participarion. For more complete information, see APPENDIX D—"GENERAL INFORMATION REI,ATING TO THE CTfY OF ARROYO GRANDE" herein. Sources of Payment for the Bonds The Bonds are general obligation bonds of the City,payable from ad valorem taxes, without limit as to rate or amount,levied upon all taxable real property in the City(except for certain personal propeRy which is taxable at limited iates). The City Council will,at the 6me of levy of general county taxes,fix a rate or iates for a taac to be levied and lery a tax on all taxable real property in the City as will result in revenues sufficient to the interest and principal on the Bonds as it may become due. It is the duty of the County officers to cause to be collected in the manner prescribed by law for county taxes, the tax on the real property within the City, and when collected to pay the same to the City. Purpose of t6e Issue The Bonds are being issued to finance the expansion and retrofitting of the City's fire station. See "THE PROJECT"herein. �Proliminary,subject to change. 1 DOCSOC�937568v5�22707.0009 Description of t6e Bonds I Mahrrity. The Bonds mature on August 1,in the years indicated on the cover page hereof. Registration. The Bonds will be issued in fully registered form only, registered in the name of Cede& Co. as nominee of The Depository Trust Company, New York, New York ("DTC"), and will be j available to actual purchasers of the Bonds (the "Beneficial Owners") in the denominations set forth on the � cover page hereof, under the book-enhy only system maintained by DTC, only through bmkers and dealers � who are or act through DTC Pazticipants as described herein. Beneficial Owners will not be entitled to receive physical delivery of the Bonds. See"THE BONDS—Book-Entry Only System"herein. Denominations. The Bonds will be available to purchaseis of the Bonds in the denominations of $5,000 principal amount or any integral multiple thereof. Redemption. Bonds maturing on August 1, 2013 or after may be redeemed prior to maturity at the � option of the City, from any source of funds, on August 1, 2012 or on any date thereafter, in whole or in pazt, as neazly as practicable on a pmrata basis among maturities, and by bt within any one maturity in whole denominations of$5,000 and in the manner and at the redemption prices described in the secrion entitled"THE BONDS—Redemption Provisions"herein. � Paymenfs. Interest on the Bonds accrues from their date of delivery, and is payable semiannually on i each February 1 and August 1,commencing February 1,2004. ' Taz Ezemption In the opinion of Slradling Yocca Cazlson& Rauth, a Professional Cocporafion, Newport Beach, Califomia, Bond Counsel, based on existing statutes, regulations, rulings and judicial decisions and assuming compliance with certain covenants and requirements described herein,interest(and original issue discount)on the Bonds is excluded from gross income for fedeisl income tax purposes and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and cocporations. In the further opinion of Bond Counsel, interest(and original issue discount)on the Bonds is exempt from State of Califomia peisonal income tax. In addition,the ditFerence between the issue price of a Bond(the first price at which a substantial amount of the Bonds of a maturity is to be sold to the public)and the stated redemption price at maturity with respect to the Bond constitutes original issue discount, and the amount of original issue discount that accrues to the owner of the Bond is excluded from gross income of such owner for fedeial income ta�c purposes, is not an item of tax preference for purposes of the fedeial alternative minimum tax imposed on individuals and co:porallons, and is exempt from State of Califomia personal income tax. See "LEGAL MATTERS—Tax Exemption"herein. Authorlty for Issuance ot Bonds The Bonds are issued pursuant to certain provisions of the State of California Government Code as well as other applicable law, and pursuant to a resolution adopted by the City Council. See"THE BONDS— Authority for Issuance"herein. Professionals Involved in the OtYering Wells Fazgo Bank,National Association, Los Angeles, California will act as Fiscal Agent and A.M. Miller& Co., Inc., San Diego, Califomia will act as financial advisor with respect to the Bonds. Certain proceedings in connection with the issuance of the Bonds are subject to the approval of Shadling Yocca Cazlson&Rauth,a Professional Corporation,Newport Beach,Califomia,Bond Counsel. Certain matters will be passed on for the City by Lyon&Cazmel,San Luis Obispo,Califomia,the City Attomey. a 2 DOCSOC�937568v5�22707.0009 . Offering and Delivery of the Bonds The Bonds are offered when as and if issued by the City and accepted by the Underwriter, subject to approval as to their legality by Stradling Yocca Cazlson&Rauth,a Professional Cocpomrion,Newport Beach, Califomia, Bond Counsel,and certain other conditions. It is anticipated that the Bonds in definitive form wil] be available for delivery in New York,New York,on or about February 25,2003. ConNnuing Disclosure r The City will covenant for the benefit of bondholders to make available cerfain financial information � and ope:ating data relating to the City and to provide notices of the cecurrence of certain enumerated events,if f material, in compliance with Rule 15c2-12(b)(5) adopted by the Securi6es and Exchange Commission. The ( specific nature of the infomiation to be made available and of the notices of material events is summarized , below under the caption "CONTINUING DISCLOSURE" and APPENDIX C — "CONTINUING f DISCLOSURE AGREEMENT'herein. i Ot6er Informallon � This Otficial Statement speaks only as of iu date, and the infomiation contained herein is subject to � change. During the period of the offering of the Bonds, copies of the forms of all documents are available at G the offices of the Financial Advisor,A.M. Miller&Co., Inc.,Post Otfice Box 910049, San Diego,Califomia � 92191 and thereafter from the City Clerk's office, City of A:royo Grande, 214 East Branch Sheet, Arroyo i Grande,Califomia 93420. The sununaries and references to documents, statutes and wnstitutional provisions refeired to herein do not purport to be comprehensive or definitive, and are qualified in their entireties by reference to each of such documents,statutes and consdtutional pmvisions. All terms used herein and not otherwise defined shall have the meanings given such terms in the Resolution(as defined below). THE PROJECT The Project consists of the acquisition and construction of iroprovements to be made to the City's exispng fire station located at 140 Tmffic Way. The City's fire starion was constructed in 1980. At that time, it served an all-volunteer and part-time fire fighting force. The facility now houses staff on a 24-hour basis with one paid chief,three paid captains and hourly pay for volunteers on assigned shifts. The City anticipates adding three paid engineer positions over the next yeaz. Since the station was constructed, call volume has increased by 723%. In April 2002, DMG-Maximus completed a Facility and StafSng Needs Assessment of the City of Airoyo Gcande Fire Department. The independent study found the existing station to be"undersized by about 2,349 square feeY'and idenrified a number of unmet needs of the facility. A Fire Station Expansion Feasibility Study was completed by RRM Design in May 2002, which presented two expansion design altematives to address each of the needs identified. The results of the Expansion Feasibility Study for the Fire Station was presented by RRM Design at the May 28, 2002 City Council meeting. The design altemative selected by the City Council will provide 5,779 additional square feet,primarily through the addition of a second floor to the e�risting station, for a total of 13,374 square feet. The Project includes the construction of sleeping facilides, a federally required area for safe clean up of blood-bome pathogens, a federally required room to store tumout clothing, a system to divert vehicle 3 DOCSOC\937568v5�22707.0009 �. exhaust from the appazatus rooms, expanded training room, fire sprinklers, seismic retrofit of the facility to meet current standards, and expansion of the apparatus bay. The site of the Project is already owned by the City. The total estimated cost of the Project is approximately $1,900,000 inclusive of fiunishings and equipment. The City expects to receive bids in or about October 2003 and to commence construction in or ' about November 2003 with comple6on scheduled for July 2004. � THE BONDS � Authodty far Issuance � The Bonds are being issued pursuant to Article I of Chapter 4 of Division 4 of Title 4 of the California � Government Code (commencing with Section 43600 thereo� (collectively, the "I,aw"), Resolution No. adopted by the City Council on January 28,2003 and that cerfain Supplement to Resolufion No._dated as � of February 1,2003 (collectively,the"Resolution"). i Pursuant to the pmvisions of the Lsw,as amended,and pursuant to Ordinance No. 532 adopted by the City Council of the City on July 9, 2002 (the "Ordinance"), a special elec6on was held on November 5, 2002 in the City at which there was submitted to the voteis the following proposi6on: ' �� PROPOSTTION: SHALL THE CITY OF ARROYO GRANDE UPGRADE AND EXPAND THE FIItE STATION LOCATED ON TRAFFIC WAY,INCLUDING ADDING SLEEPING FACILITIES AND A TRAINING CLASSROOM, EXPANDING THE APPARATUS BAY, CONSTRUCTION OF A FEDERALLY-REQUIRED SAFE MEDICAL CLEAN-UP AREA AND A SYSTEM TO REMOVE VEHICLE EXHAUST FROM THE APPARATUS ROOM, SEISMIC RETROFITTING TO MEET CURRENT BUILDING SAFETY STANDARDS, AND INSTALLATION OF FIRE SPRINKLERS,BY ISSUING$1,900,000 IN GENERAL OBLIGATION BONDS7 More than two-thirds of the votes cast at the election were in favor of the incwring of such indebtedness, and all requirements of the constitution and laws of the State have been wmplied with in the holding of the election. The City Council of the City is now suthorized to pmvide for the foim of bonds of the City and for the issuance of any part thereof for the pwpose provided for in the Ordinance and the Resolution. The Bonds are payable as to principal and interest from taxes levied exclusively upon the taxable property within the City as permitted by law. See"SECURITY FOR THE BONDS"herein. Description of the Bonds Interest on the Bonds accrues from the date of delivery, and is payable semiannually on February 1 and August 1 of each yeaz (each an "Interest Payment Date"), commencing February 1, 2004, at the annual interest rates shown on the inside cover of this Official Statement. The Bonds are issuable in denominations of $5,000 or any integral multiple thereof. Interest will be calculated on the basis of a 360-day year comprised of twelve 30-day months. The Bonds will be issued in book-entry form only, and will be inidally issued and registered in the name of DTC. Interest,principal, and premium, if any, on the Bonds is payable by the Fiscal Agent to DTC. DTC is responsible for disbursing such payments to the Beneficial Owners in accordance with the DTC book- entry only system. See"Book-Entry Only System"below. See the Maturity Schedule on the inside cover and"THE BONDS—Debt Service Schedule"herein. Redemption Provisions Bonds maturing on or after August I,2013 are subject,at the op6on of the City,to redemption prior to their stated maturities in whole or in part on any date commencing August 1,2012, selected among maturities, 4 oocsoc�93�56a�s�zz�a�.0009 if in parts as neazly as practicable on a pro-rata basis,and by lot witrrin a maturity,at the following redempdon prices, expressed as a percentage of the principal amount thereof, together with accrued interest to the date fixed for redemprion: Redemption Dates Redemption Price August 1,2012 Uuough July 31,2013 101% August 1,2013 through July 31,2014 100.5 � August 1,2014 and thereafter 100 Any Bonds designated at the time of sale thereof as Term Bonds are also subject to mandatory � redemption in part by lot from sinking fund payments at a redemption price equal to the principal amount 4 thereof to be redeemed, without premium, on August 1 in such years as are determined at the time of the sale f of the Bonds. Redemptlon Procedure � The Fiscal Agent will cause notice of any redemption to be mailed,first class mail,postage prepaid,at i least 30 days but not more than 60 days prior to the date fixed for redemption,to the respective Owners of any i Bonds designated for redemption, at their addresses appearing on the Bond registration books held by the � Fiscal Agent; but such mailing will not be a condition precedent to such redempfion and failure to mail or to receive any such notice will not affect the validity of the proceedings for the redemption of such Bonds. j Upon surrender of Bonds redeemed in part only, the City will execute and the Fiscal Agent will i authendcate and deliver to the Owner, at the expense of the City,a new Bond or Bonds,of the same maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. From and after the date fixed for redemption, if notice of such redemprion will have been duly given and funds available for the payment of the principal of and interest (and premium, if any) on the Bonds so called for redemption will have been duly provided, such Bonds so called will cease to be endtled to any benefit under the Resolution other than the right to receive payment of the redemption price, and no interest will accrue thereon on or after the redemption date specified in such notice. Whenever any Bonds are to be selected for redemption by lot, the Fiscal Agent will deternvne,m any manner deemed by it to be fair,the serial numbers of the Bonds to be redeemed. All Bonds so redeemed will be canceled and will be surrendered to the City. Tnosfer of the Bonds Any Bond may, in accordance with its terms, be tiansferred, upon the books required to be kept pursuant to the provisions of the Resolution, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation,accompanied by delivery of a written instrument of Uansfer in a form appmved by the Fiscal Agent,duly executed. The Fiscal Agent may charge a reasonable sum for each new Bond issued upon any transfer and will.require the payment by the Owner requesting such transfer of any tax or other governmental c6atge required to be paid with respect to such � hansfer. � Whenever any Bond or Bonds will be surrendered for transfer, the City will exewte and the Fiscal � Agent will authen6cate and deliver a new Bond or Bonds,for like aggregate principal amount. � � 5 nocsocv3�s5s�s2noi.0009 No transfeis or Bonds will be required to be made (i)fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii)with respect to a Bond after such Bond has been called for redemprion in whole or in part. Eachange of Bonds Bonds may be exchanged at the principal co�porate trust office of the Fiscal Agent in Los Angeles, Califomia for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The Fiscal Agent may require the payment by the Owner requesting such exchange of any tazc or � other governmenhal charge required to be paid with respect to such exchange. � No exchanges of Bonds will be required to be made(i)fifteen days prior to the date established by the j Paving Agent for selection of Bonds for redempNon or (ii)with respect to a Bond after such Bond has been j called for redemption in whole or in part. � Debt Service � Pursuant to the Resolution, the City Treasurer will hansfer available monies from the Debt Service i Fund (as defined herein) to the Fiscal Agent in amounts sufficient and at such time as aze necessary to k pmmptly pay principal and interest on the Bonds as such shall become due. ! Annual Debt Service I i The following table sets forth the schedule of annual debt service on the Bonds. ( Yeaz Ending Annual Debt Au�u t 1 Princinal Interest S rvice 2004 2005 2006 2007 2008 2009 2010 20ll 2012 2013 2014 2015 2016 � 2017 2018 2019 2020 2021 2022 2023 Book-Entry Only System The Bonds will be issued as one fully registered bond without coupons for each maturity and, when issued, will be registered in the name of Cede& Co., as nominee of DTC. DTC will act as securi6es depository of the Bonds. Individual purchases may be made in bookcntry form only, in the principal amount 6 DOCSOC�937568v5�22707.0009 � of $5,000 for the Bonds and integral multiples thereof for each maturity. Purchaseis will not receive certificates representing their interest in the Bonds purchased. Principal and interest will be paid to DTC, which will in tum remit such principal and interest to its pazticipants for subsequent dispersal to the beneficial owners of the Bonds as described hereia See APPENDIX G—"BOOK ENTRY ONLY SYS1'EM"herein. Creallon and EsWblishment of Funds Acquisidon and ConstrucHon Fund. The proceeds of the sale of the Bonds shall be forthwith placed with the Fiscal Agent to the credit of the City of Arroyo Grande (Fire Station Project) Acquisition and ConstrucHon Fund° (the "Acquisition and Construction Fund") and the moneys in said fund shall be applied o exclusively to the costs of the Project and the payment of the costs described herein, including the costs of � issuing the Bonds. � , Debt Service Fund. All monies derived from taxes levied for payment of the Bonds and the interest thereon and all other monies allocated and designated for payment of the Bonds and the interest thereon, together with the proceeds of the sale of the Bonds designated as premium, if any, shall be placed in a fund of the City designated City of Arroyo Grande (Fire StaUon Project) Debt Service Fund (the "Debt Service Fund"); and until all of said Bonds and all interest thereon have been fully paid, the monies in said fund shall be used for no other puTpose than the payment of said Bonds and the interest thereon. ` Rebate Fund. The City shall calculate rebatable azbikage for the Bonds and shall pay required ; amounts to the United States Govemment pursuant to the Intemal Revenue Code of 1986, as amended (the ' "Code"). � i Investment of Funds. Moneys in the AcquisiNon and Construction Fund shall be invested in � Authorized Investments which will by their terms mature, or in the case of an Investment Agreement are available without penalty, as close as pracUCable to the date the City estimates the moneys represented by the particular investrnent will be needed for withdrawal from the Acquisition and Construction Fund. Eamings on invesknenis of monies in the Acquisition and Construction Fund shall be retained therein and applied in accordance with authorized uses thereof and applicable law. Moneys in the Debt Service Fund shall be invested only in Authorized Investrnents which will by their terms mature, or in the case of an investment agreement are available for withdrawal without penalty, on such dates so as to ensure the payment of principal of, premium, if any, and interest on the Bonds as the same become due. The City Treasurer shall sell at the best price obtainable,or present for redemption,any obligations so purchased whenever it may be necessary to do so in order to provide moneys to meet any payment or transfer to such funds and accounts or from such funds and accounts. For the purpose of determining at any given time the balance in any such funds, any such inveshnents constituting a pazt of such funds and accounts shall be valued at their market value. Defeassnce All or a portion of the outstanding Bonds may be paid and discharged in any one or more of the ; following ways: (1) by well and truly paying or causing to be paid the principal of, and interest on all Bonds outstanding,as and when the same become due and payable; (2) by irrevocably depositing with a bank or trust company in escmw an amount of cash which, together with amounts then on deposit in the Debt Service Fund, is fully sufficient to pay all 7 DOCSOC�937568v5�22707.0009 or a designated portion of the Bonds outstanding at or before the maturity thereof, including all principal,premium,if any,and interest thereon;and (3) by irrevocably depositing with a bank or trust company in escrow Federal Securities(as hereinafter defined)not subject to call,together with cash,if required,in such amount as will, without reinveshnent,in the opinion of an independent certified public accountant,together with interest to accrue thereon and moneys then on deposit in the Debt Service Fund together with the interest to accrue thereon,be fully sut�icient to pay and discharge all of the co:responding Bonds(including all principal and interest and premium,if any)to be defeased � at or before the matwity thereof. ; If a Bond is defeased as described above,then,all obligations of the City and the Fiscal Agent under � the Resolution with respect to such outstanding Bond shall cease and ternrinate,whether or not such Bond has been surrendered for payment,except only the obligarion of the City and the Fiscal Agent to pay or cause to be f paid W the Owners of the Bonds all sums due thereon and the obligations of the City with respect to the Rebate i Fund. a i In the Resolution,"Fedeial Securities"are defined as: i "Direct and general obligations of the United States of America, or obligations that are i unconditionall teed as to � y guaran principal and interest by the United States of America;the interest component � of Resolution Funding Cotp. (REFCORP) strips which have been stripped by request to the Federal Reserve Bank of New York in book-entry form; and pre-refunded fixed interest rate municipal obligations meeting the following condiNons: (a)the municipal obligations are not subject to redemption prior to maturity, or the trustee has been given irrevocable instructions conceming their calling and redemption and the issuer has covenanted not to redeem such obligations other than as set forth in such instrucrions; (b)the municipal obligations are secured by cash and/or United States obligations, which obligations may be applied only to interest, principal, and premium, payments of such municipal obligations; (c)the principal of and interest on the United States obligations (plus any cash in the escmw fund) are sufficient to meet the liabilities of the municipal obligations; (d)the United States obligations serving as security for the municipal obligations are held by an escrow agent or trustee; (e)the United States obligadons are not available to sarisfy any other claims, including those against the trustee or escrow agent; and(�the municipal obligations are rated"AAA" by S&P and"Aaa"by Moody's." Tax Covenants In order to preserve the exclusion from gross income for federal income tax pucposes of interest due with respect to the Bonds, the City covenants to comply with all applicable requirements of the Code (as herein defined), together with any amendments thereto or regulations promulgated thereunder necessary to � preserve such exclusion. See"LEGAL MATI'ERS—Tax Exemption"herein. 8 DOCSOC�937568v5�22707.0009 Estimated Sources and Uses The following table shows the estimated sources and uses of the proceeds of the Bonds: Sources: Paz Amount of Bonds $ Net Premium ToWI Sources $ Uses: Acquisition and Construction Fund $ k Costs of Issuance��� � Total Uses $ j i �� Includes underwri[ing discount,Bond Counsel fees,Financial Advisor fees,printing and other costs. i SECURITY FOR THE BONDS � General i The City Council, so faz as practicable, shall fix a rate or rates for an ad valorem tax to be levied on i the taxable property in the City as will result in revenues which will pay the interest on the Bonds (as such tarms are defined in the Resolution), and provide a debt service fund for the payment of the principal of such � debt as it may become due. If the revenues of the City are, or in the judgment of the City Council will probably be, inadequate for any cause to pay the principal of or interest on the Bonds as principal and interest become due, the City Council must cause a tax to be levied, as provided in ffie provisions of the Law, sufficient to provide for such deficit and to pay the amount of such principal and interest as will become due before the proceeds af a tax levied at the next general tax levy will be available. The City Council shall determine the fiscal yeaz for all of the amounts above set foith,and shall fix the rate or rates of tax to be levied which will raise the amounts of money required by the City for such purposes, and as required by the pmvisions of the Iaw. The City Council shall certify to the County Auditor of the County(the"Auditor")the rate or rates so fixed and shall fiunish to the Auditor a statement in writing containing the following: (a) M estimate of the minimum amount of money required to be raised by tazcation during the fiscal yeaz for the payment of the principal of and interest on the Bonds, as will become due before the proceeds of a tax levied at the next general tax lery will be available; (b) An estimate of the minimum amount of money required to be raised by taxation during the � fiscal yeaz for all other pucposes of the City;and (c) Any other items required by the provisions of the Law. The Auditor shall compute and enter on the County assessment mll the respective sums to be paid as a City tax on the property within the City using the cate or rates of lery as fixed by the City Council and the assessed value as found on the assessment roll for the property subject to the tax. As of July 1, 2002 the assessed valuarion for all taxable property within the City was $1,430,216,153. See APPENDIXD — "CERTAIN INFORMATION RELATING TO THE CTI'1'OF ARROYO GRANDE"herein. It shall be the duty of all County o�ceis charged with the duty of collecting ta�ces to collect such tax in time,form and manner as County taxes are collected and when collected to pay the same to the City. 9 nocsocw3�s6s�s�zno�.0009 All such ta�ces for the payment of principal and interest on such Bonds shall be established, levied and collected as provided in the pmvisions of the Law. All monies derived from such taaces and all other monies allocated and designated for payment of the Bonds and the interest thereon,together with the proceeds of the sale of the Bonds designated as premium and accrued interest, shall be placed in the Debt Service Fund, and until all of the Bonds and all interest thereon have been fully paid the monies in said fund shall be used for no other purpose than the payment of said Bonds and the interest thereon. Property Tazes The following is a description of the City's tax collection procedures. The City, like other Califomia public agencies, is subject to Constitutional limits on its ability to raise and expend revenues, see ! "CONSTITUTIONAL PROVISIONS AFFECTING PROPERTY TAXATION"herein. E In California,property which is subject to ad valorem taxes is classified as "secured"or`�nsecured". � The secured classification includes property on which any pmperty tax levied by a county becomes a lien on that property. A tax levied on unsecured property dces not become a lien against the taxed unsecured property, but may become a lien on certain other property owned by the taxpayer. Every tax which becomes a lien on secured property 6as priority over all other liens, arising pursuant to State Iaw, on the secured property, regardless of the time of the creation of other liens. The valuation of property is determined as of January 1 � each year, and installments of taxes levied upon secured property become delinquent on the following ' April lOth and December lOth. Taxes on unsecured property are due March 1, and become delinquent � August 31. ! , t Secured and unsecured property are entered separately on the assessment roll maintained by the county assessor. The method of collecting delinquent taxes is substantially different for the two classifications of property. The exclusive means of forcing the payment of delinquent taxes with respect to property on the secured roll is the sale of the property securing the taxes of the State for the amount of taxes that are delinquent. The taxing authority has four methods of collecting unsecured personal proparty taxes: (1)a civil action against the taxpayer; (2)filing a certificate in the office of the county clerk specifying certain facu in order to obtain a judgment lien on certain property of the taxpayer; (3)filing a certificate of delinquency for record in the County Recorder's Office in order to obtain a lien on certain property of the taxpayer, and (4)seizure and sale of personal property, improvement or possessory interest belonging or taxable to the assessee. A ten percent penalty is added to delinquent taxes which have been levied with respect to property on the secured roll. In addition,beginning on the July 1 following a delinquency, interest begins accruing at the rate of 1. 1/2% per month on the amount delinquent. Such property may thereafter be redeemed by the payment of the delinquent taxes and the ten percent penalty,plus interest at the�ate of 1 1/2%per month to the Ume of redempHon. If ta�ces are unpaid for a period of five years or more,the property is deeded to the State and then is subject to sale by the county tax collector. A ten percent penalty also applies to the delinquent taxes or property on the unsecured roll, and further, an additional penalty of 1 1/2% per month accrues with respect to such taxes beginning on the varying dates related to the ta�c billing date. Legislarion enacted in 1984 (SecHon 25 et seq. of the Revenue and Taxation Code of the Sffite of Califomia),provides for the supplemental assigiunent and ta�cation of property as of the occumnce of a change in ownership or completion of new construction. Previously, statutes enabled the assessment of such changes only as of the next tax lien date following the change and thus delayed the realization of increased property taxes from the new assessment for up to 14 months. Collection of taxes based on supplemental assessments occurs throughout the year. Taxes due are proTated according to the amount of time remaining in the ta�c yeaz, with the exceprion of tax bilis dated January 1 through May 31, which are calculated on the basis of the remainder of the current fiscal year and the full 12 months of the next fiscal year. 10 ' DOCSOC�93�568v5�22707.0009 The County has implemented an alternative method for the distribution of secured property ta�ces to local agencies, known as the"Teeter Plan." The Teeter Plan provisions are now set forth in Sections 4701 to 4717 of the Califomia Revenue and Tazcation Code. Upon adoption and implementarion of this method by a county board of supervisors, local agencies for which the county acts as "bank° and certain other public agencies and taxing areas located in the county receive annually the full amount of their share of property taxes on the secured roll, including delinquent property ta�ces which have yet to be collected. While a county benefits from the penalties associated with these delinquent taxes when they are paid, ihe Teeter Plan is intended to provide participating local agencies with stable cash flow and the elimination of collection risk. CONTINUING DISCLOSURE The City has covenanted for the bene6t of Owners to provide certain financial information and oPeratin8 data relating to the City by not later than February 1 after the end of the City's fiscal year (which g fiscal yeaz presently ends)une 30), commencing with Febnrary 1,2004(the"Annuai Report"),and to provide C notices of the occurrence of certain enumerated material events. The Annual Report will be filed by Wells � Fazgo Bank,National Association, as Dissemination Agent(the "Dissemination Agent")on behalf of the City witti each Nationally Recognized Municipal Securities Information Repository. The norices of material events will be filed by the Dissemination Agent on behalf of the City with the Municipal Securities Rulemaking � Board. The specific nature of the information to be contained in the Annual Report or the notices of materiat � events is summarized herein in APPENDIX C — "CONTINUING DISCLOSURE AGREEMENf" herein. These covenants have been made in order to assist the Underwriter in complying with Securities and Exchange � Commission Rule 15c2-12(b)(5). The City has never failed to comply in all material respects with any � previous undertakings with respect to said rule to pmvide annual reports or notices of material events. � CONSTITUTIONAL PROVISIONS AFFECTING PROPERTY TAXATION I The City, like other Califomia public agencies, is subject to the following ConsGtutional limits on its ability to isise and expend revenues. Article XIIIA Article XIIIA of the State Constitution: (i)limits 4d volorem property taxes on all reai pruparty to 1% of the "full cash value" of the property; (ii)exempts voter approved bonded indebtedness from the 1% limitation;(iii)defines"full cash value"as the assessor's appmised value of real property as of March 1, 1975, increased by changes in the Consumer Price Index-not to exceed 2%per year and decreased by reductions in market value; (iv)pemuts establishment of a new "full cash value" at market value when there is naw construction or a change in ownership; (v)pernrits the reassessment, up to the March 1, 1975 value, of property which was not current on the 1975-76 assessment roll; (vi)requires counties to collect the 1% property ta�c and to "apportion acwrding to law to the districts within the counries;" (vii)prohibits new ad valorem taxes on real property, except to pay bonded indebtedness for the acquisition or improvement of real property approved by two-thirds of the votes cast by the voters on a proposition peftaining to such bonded indebtedness; (viii)prohibits sales ta�ces or transaction taxes on the sale of real property; (ix)peimits the imposi6on of special taxes by local agencies,other than those prohibited,by a two-thirds vote of the"qualified electors" of such agencies, and (x)requires a twathirds vote of all members of both houses of the State Legislature for any changes in State taxes which would result in increased revenues. ArNcle XIIIB Under Article XIIIB of the State Constitution, state and local government agencies are subject to an annual "appropriations IimiP' and prohibited from spending "appropriations subject to limitation" above that limit. "Appropriarions subject to limitaGon" consist of tax revenues, certain state subvenrions, and certain other fimds. This Article does not affect the appropriation of money exclusive of"appropriations subject to limitation," such as debt service on indebtedness existing or authorized by January 1, 1979, or subsequenUy 11 DOCSOC�937568v5�22707.0009 authorized by the voters, and appropriations mandated by court. The provisions also exclude from limiption the appropriafion of proceeds from regulatory licenses, user charges, or other fees to the extent that such pmceeds equal"ttie cost reasonably bome by such entity in providing the regulation,product,or service." In geneisl terms,Article XIIID provides that the appropriations limit will be based on cettain 1978-79 expenditures and will be adjusted annually to reflect changes in wst of living, population, and transfer of the financial responsibility of providing services &om one govemmental unft to another. A recent amendment to Article XIIIB (Proposition 111) revised the method of calculating the annual adjustrnent to the appropriations limit. These revisions resulted in an increase in the City's appmpriations limit for fiscal yeaz 1992-93. Article XIIIB fmther provides that if an agency's revenues in any fiscal year and in the fiscal yeaz immediately following it exceed the amount which is appropriated by such agency in compliance with Article XIIIB during that fiscal year and the fiscal yeaz immediately following it, the excess must be retumed during the next two subsequent fiscal years by revising tax rates or fee schedules. � I T1�ere az'e many remaining uncertainties and ambiguities in Article XIIIB which will require clazification by the State Legislature or the courts. Accordingly,the City cannot now determine the effect that � future legislation or court actions regazding ,4rticle XIIIB may have upon its operations and financial I obligations. Article XIIIC and Article XIIID � On November 5, 1996, the voters of the State approved Proposirion 218, the so called"Right to Vote � on Taxes Act" A+oposi6on 218 added Articles XIIIC and XIIID to the State Consdturion, which contain a ' number of provisions affecting the ability of local agencies, including municipalities, to levy and collect both � exisling and future taxes, assessments, fees and charges. Among other things, Article XIIIC establishes that every tax is either a"general tax"(imposed for geneial govemmental purposes)or a"special tax"(imposed for specific purposes); and prohibits any local agency from iroposing, extending or increasing any spee;al tax beyond its maximum authorized rate without a two-thirds vote. Article XIIIC also provides that no tax may be assessed on property other than ad valorem property ta�ces imposed in accordance with Articles XIII and XIIIA of the Califonua Coastitution and special taxes appmved by a two-thirds vote under Article XIIIA,Section 4. Article XIIIC also pmvides that the initiative power shall not be limited in matteis of redacing or repealing local Lvices,assessments, fees and charges. The Bonds are secured from the proceeds of ad valorem taxes which the City is empowered and is obligated to levy, without limitation as to iate or amount, upon all property subject fo taxa6on by the City, except certain personal property which is taxable at limited rates. Article XIIIC's ett'ect on the obligaGon of the City to lery ad valorem taxes to pay the principal of and interest on the Bonds is unclear since a literal reading of such provision could be interpreted to allow the voters within the City to reduce or repeal the ad valorem tax securing the Bonds. The City believes that the initiative power � cannot be used to reduce or repeal the authority and obligation to levy such taxes which are pledged as security for payment of the Bonds or to otherwise interfere with performance of the mandatory, statutory duty of the City with respect to such taxes which are pledged as security for payment of the Bonds. Article XIIID deals with assessments and propeity-related fees and charges. Article XIIID deals with assessments and property-related fees and charges. Article XIIID explicitly provides that nothing in Article XIIIC or XIIID shall be construed to affect exisGng laws relating to the imposition of fees or charges as a condition of property development; however it is not clear whether the initiative power is therefore unavailable to repeai or reduce developer and mitigation fees imposed by the City. No developer fees imposed by the City are pledged or expected to be used to pay debt service on the Bonds. The interpretation and application of Articles XIIIC and XIIID will ultimately be determined by the courts with respect to a number of the mattecs discussed above,and it is not possible at this time to predict with certainty the outcome of such determina6on. 12 DOCSOC�937568v5�22707.0009 Unitary Property Some amount of pmperty tax revenue of the City is derived&om utility property which is considered pazt of a utility system with components located in many ta�cing jurisdi�qo� �°��,p��Y,>� Under the Sbte Constitudon, such property is assessed by the State Board of Equaliza6on ("SBE") as part of a "going concern"rather than as individual pieces of real or personal property, State-assassed unitary and certain other property is allocated to the counties by SBE, taxed at special county-wide iates, and the tax revenues distributed to taxing jurisdictions (including the City) according to statutory formula generally based on the distribuHon of taxes in the prior year. Proposidon 62 On November 4, 1986, California voteis appmved Proposition 62, an initiative statute limiting the imposition of new or higher taxes by local agencies. The statute(a)requires new or higher general taxes to be approved by hvo-thirds of the local agency's governing body and a majority of its voters,and requires new or higher special taxes to be approved by two-thirds of both such local agency's goveming body and such local ' agency's voters; (b)requires the inclusion of specific infomiation in all local ordinances or resolutions � proposing new or higher general or special taxes; and (c)penalizes local agencies that fail to comply with the � foregoing. � Most of the provisions of Proposition 62 were a�rmed by the 1995 California Supreme Court decision in Santa Clara County Local Transportation Authority v. Guardino("Guardino')which iuvalidated a � special sales tax for uansportation pucposes because fewer than two-thirds of the voters voting on the measure j had approved the tax. Although by its temis, Proposition 62 applies to municipalides, because the City dces not receive any material amount of tax revenues from any tax levied in contradiction to Proposition 62, the � City has not experienced nor does it expect to experience any substantive adverse financial impact as a result � oF the passage of this initiative or the Guardino decision. The requirements of Proposidon 62 have geneially been superseded by the enactment of Article XIIIC of the Califomia Constiturion(Proposi6on 218)in 1996. The Initiative also adds a new Article XIIIC to the Califomia Constitution which,among other things, states that "....the inida6ve power shall not be prohibited or othenvise limited in matters of reducing or repealing any local tax,assessment,fee or charge." Future InitiaNves Article XIIIA,Article XIIIB and Proposition 218 were each adopted as measures that qualified for the ballot pursuant to Califomia's initiative process. Fmm time to time other initiative measures could be adopted, further affecting City revenues or the City's ability to expend revenues. The nature and impact of these measures cannot be anticipated by the City. LEGAL MATTERS Txa Eaemptloo In the opinion of Stradling Yceca Cazlson & Rauth, a Professional Coiporation, Newport Beach, Califomia("Bond Counsel"), under existing statutes,regulations,rulings and judicial decisions,and assuming the accuracy of certain representations and compliance with certain covenants and requirements described herein,interest on the Bonds is excluded from gross income for federal income tax pucposes and is not an item of ta7c preference for purposes of calculaNng the fedeial altemative minimum tax imposed on individuals and corporations. In the fiuther opinion of Bond Counsel,interest on the Bonds is exempt from State of Califomia personal income tax. Bond Counsel notes that, with respect to co�porations, interest on the Bonds may be included as an adjustrnent in the calculation of altemative minimum taxable income which may affect the alternative minimum tax liability of such cotpomtions. 13 DOCSOC\937568v5�22707.0009 The difference between the issue price of a Bond(the first price at which a substantlal amount of the Bonds of the same series and maturity is to be sold to the public) and the stated redemption price at matwity with respect to such Bond constitutes original issue discount. Original issue discount accrues under a constant yield method, and original issue discount will accrue to a Bond Owner before receipt of cash attributable to such excludable income. The amount of original issue discount deemed received by the Bond Owner will increase the Bond Owner's basis in the Bond. In the opinion 6f Bond Counsel, the amount of original issue discount that accrues to the owner of the Bond is excluded from the gross income of such owner for federal income tax pucposes, is not an item of tax preference for piuposes of the fede:al alternarive minimum tax imposed on individuals and corporations,and is exempt from State of Califomia personal income tax. Bond Counsel's opinion as to the exclusion from gross income of interest(and original issue discount) � on the Bonds is based upon certain representations of fact and certifications made by the City and others and is � subject to the condition that the City complies with all requirements of the Intemal Revenue Code of 1986,as " amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds to assure thyt interest � (and originai issue discount)on the Bonds will not become includable in gross income for federal income tax � putposes. Failure to comply with such requirements of the Code might cause the interest (and original issue I discount)on the Bonds to be included in gross income for fedeial income tax putposes retroactive to the date of issuance of the Bonds. The City has covenanted to comply with a11 such requirements. i I The amount by which a Bond Owner's original basis for detemuning loss on sale or exchange in the � applicable Bond (genetally, the purchase price) exceeds the amount payable on maturity(or on an eazlier call ' date) constitutes amortizable Bond premium, which must be amortized under Secdon 171 of the Code; such � amortizable Bond premium reduces the Bond Owner's basis in the applicable Bond (and the aznount of tax- � exempt interest received), and is not deductible for fedeisl income tax purposes. The basis reduction as a result of the amortization of Bond premium may result in a Bond Owner realizing a taxable gain when a Bond is sold by the Owner for an amount equal to or less(under certain circumstances)than the original cost of the Bond to the Owner. Purchasers of the Bonds should consult their own tax advisors as to the treatment, computation and collateial consequences of amortizable Bond premium. The Intemal Revenue Service (the "IRS") has initiated an expanded program for the auditing of tax- exempt bond issues, including both isndom and targeted audits. It is possible that the Bonds will be selected for audit by the IltS. It is also possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds(or by an audit of similaz bonds). Bond Counsel's opinions may be affected by actions taken (or not taken) or events occuning (or not occumng) after the date hereof. Bond Counsel has not undertaken to detem�ine, or to inform any person, � whether any such actions or events are taken or do occur. The Resolution and the Ta7c Certificate relating to the Bonds permit certain actions to be taken or to be omitted if a favorable opinion of Bond Counsel is provided with respect thereto. Bond Counsel expresses no opinion as to the exclusion from goss income of interest(and original issue discount)on the Bonds for federal income tax pucposes with respect to any Bond if any such action is taken or omitted based upon the advice of counsel other than Stradling Yocca Cazlson & Rauth,a Professional Cotpoiation. Although Bond Counsel has rendered an opinion that interest (and original issue discount) on the Bonds is excluded from gross income for federal income tax pwposes provided that the District continues to comply with certain requirements of the Code,the ownership of the Bonds and the accruai or receipt of interest (and original issue discount)with respect to the Bonds may othenvise affect the tax liability of certain persons. Bond Counsel expresses no opinion regarding any such tax consequences.Accordingly,before purchasing any of the Bonds, all potential purchasers should consult their tax advisors with respecY to collateral tax consequences relating to the Bonds. A copy of the proposed form of opinion of Bond Counsel is attached hereto as Appendix B. 14 DOCSOC\937568v5�22707.0009 Legal Opinion The legal opinion of Stradling Yocca Cazlson& Rauth, a Professional Corporation, approving the validity of the Bonds, substantially in the form of Appendix B hereto, will be made available to purchasers at the dme of original delivery of the Bonds and a copy of the opinion will be delivered with each Bond. Bond Counsel expresses no opinion to the Owners of the Bonds as to the accuracy, completeness or faimess of this Official Statement or other offering materials relating to the Bonds and expressly disclaims any duty to advise the Owners of the Bonds as to matteis related to the Otl'icial Statement. Legatity for Investment in California Under provisions of the Califomia Financial Code, the Bonds are legal investrnents for commercial � banks in Califomia to the extent that the Bonds, in the informed opinion of the banlc, are prudent for the � investrnent of funds of depositors, and under provisions of the Califomia Govemment Code, are eligible For security for deposits of public moneys in the State. f No Lidgallon No lirigallon is pending or threatened conceming the validity of the Bonds, and a ceRificate to that � effect will be fiimished by the City at the time of the original delivery of the Bonds. The City is not aware of i any litigarion pending or threatened ques6oning the polidcal e�cistence of the City or contesting the City's j ability to receive ad valorem taxes or to collect other revenues or contesting the City's ability to issue and i retire the Bonds. BANK QUALIFIED OBLIGATIONS I "fhe City has designated the Bonds as "qualified tax-exempt obligations," thereby allowing ceitain financial institutions that are holders of such qualified tax-exempt obligations to deduct a portion of such insritution's interest expense allocable to such qualified tax-exempt obligations, all as detemilned in accordance with Section 265 of the Code. MISCELLANEOUS RatinB � Standard&Poor's Ratings Group has assigned a raUng of"_",to the Bonds. Such rating reflects only the view of such organi7ation and any desired explanation of the significance of such iating should be obtained from the rating agency fumishing the same, at the following address: Standard & Poor's Rating Services, a Division of the McGraw Hill Companies, Inc., 55 Water Street, New York, New York 1004L Generally, a rating agency bases its rating on the infomiation and materials fiunished to it and on investigations, studies and assumptions of its own. There is no assurance such rating will continue for any given period of time or that such rating will not be revised downward or withdrawn entirely by the rating agency, if in the judgment of such rating agency, circumstances so wazrant. Any such downward revision or withdrawal of such cating may have an adverse etYect on the market price of the Bonds. Underwritlng The Bonds were awarded to purchaser of the Bonds (the "Underwriter") pucsuant to competitive bidding. The original purchase price to be paid for the Bonds is$ (which reflects the paz value plus net premium. 1'he public offering prices may be changed &om time to time by the underwriter. The underwriter may ot2'er and sell Bonds to certain dealeis and others at prices lower than the offering prices stated on the cover page hereof. IS DOCSOC7937568v5�22707.0009 Audited Financial Statements The City's audited financial statements for the Fiscal Year ended June 30, 2002, included in this Official Statement have been audited by Moss, Levy& gartzheim, Certified Public Accountants, independent auditors, as stated in their report herein. Attention is called to the scope limitation described in the auditor's report accompanying the financial statements. Moss, I,evy& gartzheim has not undertalcen to update the audited financial statements for the Fiscal Year ended June 30,2002 or its report, and no opinion is expressed by Moss, Levy& gartzheim with respect to any event subsequent to its report dated October 17, 2002, See APPENDIX A — "AUDITED FINANCIAL STATEMENI'S FOR THE YEAR ENDED JUNE 30, 2002" herein. Professional Fees i In connection with the issuance of the Bonds, fees payable to A. M. Miller& Co., Inc., as Financial f Advisor, Shadling yocca Cazlson & Rauth, a Professional Cotpo:ation, as Bond Counsel and Wells Fazgo j Bank,National Association,as Fiscal Agent are contingent upon the issuance of the Bonds. i ADDITIONAL INFORMATION � i All of the preceding summazies of the Resolution, applicable legislation, and other documents are � made subject W the provisions of such legislation and dwuments, respectively, and do not pmport to be ' complete statements of any or all of such provisions. Reference is hereby made to such documents on file with f the City for fiuther informarion in connection therewith, I Any statements made in this O�cial Statement involving matters of opinion or of estimates,whether or not so expressly stated,are set forth as such and not as representations of fact,and no representation is made that any of the estimates will be realized. The exewflon and delivery of this OtT'icial Statement by the Mayor of the City have been duly authorized by the City Council. ' CI1'Y OF ARROYO GRANDE p By: Mayor 16 DOCSOC\937568v5�22707.0009 APPENDIX A AUDITED FINANCIAL STATEMENTS FOR THE YEpR ENDED NNE 30,2002 � i � ! f i I � � 5 A-1 DOCSOC�937568v5�22707.0009 � ._ _ _._ ._..�_----- APPENDIX B FORM OF OPIPIION OF BOND COUNSEL [CLOSING DATE] City of Airoyo Grande Arroyo Grande,California Re: $ Ciry ofAmoyo Grande General Obligation Bonds, Series A of2003(Fire � Station Project) Members of the City CounciL• j � We have acted as bond counsel for the City of Arroyo Grande (the "City") in connection with the authorization and issuance of the above-captioned bonds(the"Bonds"). The Bonds are authorized pursuant to Chapter 4 of Division 4 of Title 4 of the Government Code of the State oF Califomia and Articles 4.5 (collectively, the "AcP') and a resolution of the City adopted on January 28, 2003, together with that certain Supplement to Resolution No. dated as of February 1, 2003 executed in connection therewith (collecqvely, the "Resolu8on"). Capitalized terms used herein and not defined shall have the meanings given such tem�s in the Resoludon. � In such connection, we have examined originals or copies identified to our satisfaction as being true copies of the Resolution and certain other ilocuments and records of the City. As to questions of fact material to our opinion,we have relied upon certifications of officers of the City,the initial purchasers of the Bonds and others which have been furnished to us, but we have not undertaken to verify the accuracy thereof through independentinvestlgation. Based upon and subject to the foregoing,and in reliance thereon,we are of the following opinions: 1• The proceedings of the City relating to the issuance of the Bonds have been taken in accordance with the Constitution, laws of the State of Califomia, including the Act, and the Resolution. � � r; 2. The Resolution has been duly adopted by the City Council of the City. The Bonds constitute the valid and binding general obligations of the City payable, as to both principal and interest, from revenues of the City and, to the extent that principal and interest on the Bonds are not payable there&om, ad valorem taxes, which the City has the power to levy and is obligated by the Resolurion to levy without limit as to rate or amount upon the property within the City subject to taacauon by the City(except certain personal property which is taxable at limited rates). 3. Under existing statutes, regulations, mlings and judicial decisions, interest (and original issue discount) on the Bonds is excluded from gross income for federal income tax purposes ' and is not an item of tax preference for pwposes of calculating the federal alternative minimum ta7c imposed on individuals and corporarions; however, it should be noted that, with respect to coiporations, such interest (and origina] issue discount) may be included as an adjustment in the calculation of altemative minimum taxable income, which may affect the altemarive minimum tax liability of wrpora6ons. 4. Interest(and original issue discount)on the Bonds is exempt from State of Califomia personal income tax. B-1 DOCSOC\937568v5�22707.0009 �_._ _-_____ 5. The difference between the issue price of a Bond (the first price at which a substantial amount of the Bonds of a maturity are to be sold to the public)and the stated redemption price at maturity with raspect to such Bond consdtutes original issue discount. Origina(issue discount accrues under a constant yield method,and original issue discount will accrue to a Bond owner before receipt of cash attributable to such excludable income. The amount of original issue discount deemed received by a Bond owner will increase the Bond owner's basis in the applicable Bond. Original issue discount that accrues for the Bond owner is excluded from the gross income of such owner for federal income tax purposes,is not an item of tax praference for purposes of calculating the fedeial altemative minimum taac imposed on individuals or corporations (as described in paisgraph 3 above) and is exempt from State of Califomia petsonal income tax. 6• The amount by which a Bond owner's original basis for determining loss on sale or exchange of the applicable Bond (generally the purc}�e price) exceeds the amount payable on maturity(or on an eazlier call date) constitutes amortizable Bond premium which must be amortized � under Section 171 of the Code; such amortizable Bond premium reduces the Bond owner's basis in � the applicable Bond(and the amount of tax-exempt interest received),and is not deductible for federal � income tazc pwposes. The basis reduction as a result of the amortization of Bond premiurti may result � in a Bond owner realizing a taxable gain when a Bond is sold by the owner for an amount equal to or less(under certain circumstances)than the original cost of the Bond to the owner. � The opinion expressed in paragraph(3) above, may be atYected by actions taken (or not taken) or ,' events occurring(or not occurring) after the date hereof. We have not undeftaken to detemune, or to inform any person, whether any such actions or events are taken or do occur. The Resolution and the Ta�c Certificate relating to the Bonds pemut certain actions to be taken or to be omitted if a favorable opinion of Bond Counsel is provided with respect thereto. No opinion is expressed herein as to the exclusion from gross income of interest (and original issue discount) for federal income tax purposes with respect to any Bond if any such action is taken or omitted based upon the advice of counsel other than ourselves. Other than expressly stated herein,we express no opinion regarding taac consequences with respect to the Bonds. The opinions expressed herein as to the exclusion from gross income of interest (and original issue discount) on the Bonds are based upon certain represenbtions of fact and certifications made by the City and otheis and are subject ro the condition that the City complies with all requirements of the Intemal Revenue Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the Bonds to assure that such interest{and original issue discount) will not become includable in gross income for fedetal income ta7c piuposes. Failure to comply with such requirements of the Code might cause interest(and original issue discount)on the Bonds to be included in gross income for federal income ta�c puiposes retroactive to the date of issuance of the Bonds. The Ciry has covenanted to comply with a11 such requirements. The opinions expressed herein are based upon our analysis and intetpretation of existing laws, regulations,rulings and judicial decisions and cover certain mattets not directly addressed by such authorities. We call attention to the fact that the rights and obligations under the Bonds and the Resolution are subject to bankn�ptcy, insolvency, reorganization,moratorium, fraudulent conveyance or tcansfer,and other similar laws affecting creditor's rights, to the application of equitable principles if equitable remedies are sought, to the exercise of judicial discre8on in appmpriate cases and to limitations on legal remedies against ci6es in the State of California We express no opinion herein as to the accuracy, completeness or suf�iciency of the Official Statement relating to the Bonds or other offering material relating to the Bonds and purchasers of the Bonds should not assume that we have reviewed the O�cial Statement on their behalf. Respectfully submitted, STRADLING YOCCA CARLSON 8c RAUTH B-2 DOCSOC1937568v5�22707.0009 APPENDIX C CONTINUING DISCLOSURE AGREEMENT THIS CONTINI.TING DISCLOSURE AGREEMENT (the "Disclosure AgreemenY') is executed and delivered by the City of Arroyo Grande (the "Issuer") and Wells Fargo Bank, National Association, Los Angeles, Califomia, as dissemination agent, in connection with the issuance and delivery of$ General Obligation Bonds, Series A oF2003 (Fire Station Project),by the Issuer(the"Bonds"). 'I'he gands are being issued pursuant to a resolution of the Issuer,adopted on January 2g,2003, together with the Supplement to Resolution dated as of Febmary 1, 2003 executed in connecdon therewith (co�lecdvely, the "Resolution"). The Issuer and Wells Fazgo Bank, National Association, Los Angeles, Califomia, as disseminytion agent, covenant as follows: '' fI SECTION 1. Puroose of the Disclosure A¢reement. This Disclosure A I and delivered by the Issuer and Wells Fazgo Bank, National Association, Los A�ngees,tCalifornia forUthe I benefit of the Owners (including Beneficial Owners) of the Bonds and in order to assist the Participating Underwriter in complying with the Rule. � i SECTION 2. Definitions. In addition to the definitions set forth in the Resolution,which apply to any � capitalized term used in this Disclosure Agreement unless otherwise defined in this Section, the following capitalized temis shall have the following meanings: "Annual ReporP' shall mean any Annual Report provided by the Issuer pursuant to, and as described in,Secfions 3 and 4 of this Disclosure Agreement. "Beneficial Owner" shall mean any person which (a)has the power, direcUy or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds throagh nominees,depositories or other intermediaries), or(b)is treated as the owner of any Bonds for federal income tax pucposes. "Disclosure Representaflve"shall mean the Dicector of Adminishative Services of the Issuer or his or � her designee, or such other officer or employee as the Issuer shall designate in writing to the Dissemination Agent from time to time. "Dissemination AgenY' shall mean, initially, Wells Fazgo Bank, National Association, Los Angeles, Califomia, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designed in writing by the Issuer and which has been filed with the then cu�rent Dissemination Agent a written acceptance ofsuch designa6on. , "Listed Events"shall mean any of the events listed in Sec6on 5(a)of this Disclosure Agreement. "National Repository" shall mean any Nationally Recognized Municipal Securities Infom�ation Repository for purpose of the Rule identified as such&om time to time. "Pazticipating Underwriter" shall mean any of the original underwrite:s of the Bonds required to oamply with the Rule in connection with offering of the Bonds. "Repository"shall mean each National Repository and each Sbte Repository. "Rule"shall mean Rule 15c2-12(b)(5)adopted by the Securides and Exchange Commission under the Securities Exchange Act of 1934,as the same may be amended from time to time C-1 DOCSOC\937568v5�22707.0009 �_ _ ____.__.----------.-r.` "State Repository" shall mean any public or private repository or en4ty designated by the State of Califomia as a state repository for the pucpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Disclosure Agreement,there is no State Repository. "Tax-exempP'shall mean that interest on the Bonds is excluded from gross income for federal income tax putposes, whether or not such interest is includable as an item of tax preferences or otherwise includable directly or indirectly for pwposes of calculating any other taac liability, including any altemative minimum ta7c or environmental ta�c. SECTION 3. Provision of Annual Renorts. (a) The Issuer shall, or shall cause the Disseminafion Agent, upon written direction, to, not later than seven(7) months after the end of the Issuer's fiscal year, commen�ing �� �e�rt for the fiscal year I ending June 30, 2003,provide to each Repository an Annual Report which is consistent with the requirements ( of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as � �P�� docwnents comprising a package, and may include by reference other information as provided in Section 4 of tlus Disclosure Agreement; provided that the audited financial statements of the Issuer may be submitted separately from and Iater than the balance of the Annual Report if they are not available by the date required above for the filing of the Annual Report. I i The Annual Report shall be provided at least annually nohvithstanding any fiscal yeaz longer than 12 calendar months. The Issuer's fiscal yeaz is currenHy ett'ective from July 1 to the immediately succeeding June 30 of the following year. The Issuer will prompdy notify each Repository or the Municipal Securities Rulemaking Board and,in either case,the Dissemination Agent of a change in the fiscal year dates. The Issuer sha11 provide a written certification with each Annual Report furnished to the Dissemination Agent ro the effect that such Annual Report consNtutes the Annual Report required to be fumished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the Issuer and shall have no duty or obligation to review such Annual Report. (b) Not later than fifteen (15) Business Days prior to the date specified in subsection(a) for `` providing the Annual Report to Repositories, the Issuer shall provide the Annual Report to the Dissemination Agent. If by fifteen(15)Business Days prior to such date the Dissemination Agent has not received a copy of the Annual Report,the Dissemination Agent shall contact the Issuer to determine if the Issuer is in compliance with subsection(a). (c) If the Dissemination Agent is unable to verify that an Annual Report has bean provided to Repositories by the date required in subsection(a), the Dissemination Agent shall send a notice to each Repository,in substanfially the form attached as Exhibit A. (d) The Dissemination Agent shall: (i) determine each yeaz prior to the date for providing the Annual Report the name and address of each National Repository and each State Repository,if any;and (ii) promptly after receipt of the Annual Report, file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was pmvided and listing all the Repositories ro which it was provided. The DisseminaHon Agent's duties under this clause(ii) shall exist only if the Issuer provides the Annual Report to the Dissemination Agent for filing. SECTION 4. Content of Annual Reoorts. The Issuer's Annual Report shail contain or include by reference the following: G2 DOCSOC�937568v5�22707.0009 (a) (i)The audited financial statements of the Issuer for the most recent fiscal year of the Issuer then ended; (ii)the most recenUy adopted budget oF the Issuer;and(iii)an update of the information contained in the Tables (excepting only the Tab1e entiUed "Direct and Overlapping Debt") contained in Appendix D in the Official Statement for the Bonds. If the audited financial statements are not available by the time the Annual Report is required to be filed, the Annual Report shall contain any unaudited financial statements of the Issuer in a format similaz to the financial statements, and the audited financial statemenis s}�all be filed in the same manner as the Annual Repon �yhen they become available. Audited financial statements, if any, of the Issuer shall be audited by such auditor as shall then be required or pexmitted by State law or the Resolution. � Audited financial statements shall be prepared in accordance with generaliy accepted accounting principles as prescribed for govemmental units by the Governmental Accountlng Standazds Board; prov�ded, however, that the Issuer may &nm time to time, if required by federal or state legal requirements, modify the basis upon � which its financial statements are prepared. In the event that the Issuer shail modify the basis upon which its financial statements are prepared, the Issuer shall provide a no6ce of such modifica6on to each Repository, including a reference to the specific federal or state law or regulation specifically describing the legal I requirements for the change in accounring basis. (b) .My or all of the items listed above may be included by specific reference to other dceuments, � including otficial statements of debt issues of the Issuer or related public entlties, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by � reference is a Snal official statement, it must be available from the Municipal Securiries Rulemaking Board, The Issuer shall cleazly identify each such other document so included by reference. SECTION 5. Reportine of Significant Events. (a) Puisaant to the provisions of this Section 5, the Issuer shall give, or cause to be given,nodce of the occurrence of any of the following events with respect to the Bonds, if the Issuer determines that such event is material: (1) Principal and interest payment delinquencies. (2) non-payment related defaults. (3) unscheduled draws on debt service reserves reflecting financial dit�iculdes. (4) unscheduled draws on any credit enhancements reflecting fmancial difficulties. (5) substitution of credit or liquidity providers,or their failure to perform. (6) adverse ta�c opinions or events adversely affecting the Tax-exempt status of the Bonds. (7) modifications to rights of Bond owne:s. (8) unscheduled redemption of any optional,contingent or unscheduled bond calls. (9) defeasances. (10) release,substitution or sale of propecty securing repayment of the Bonds. (11) ratingchanges. (b) Whenever the Issuer obtains lrnowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible detemune if such event would be material under applicable federal securiries laws. C-3 DOCSOC\937568v5�22707.0009 (�) If the Issuer has deternrined that knowledge of the occurrence of a Listed Event would be material ander applicable federal secwities laws, the Issuer shall pmmpUy notify the Dissemination Agent in writing. Such nofice shall instruct the Dissemination Agent ro report the occurrence pursuant to subsecUon(e). (d) If in response to a request under subsection(b), the Issuer determines that the Listed Event would not be material under applicable federal securities laws, the Issuer shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence putsuant to subsection(e). (e) ffthe Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed Event, the Dissemination Agent shall file a noUce of such occurrence wit}� (i)the Municipal SecuriHes Rulemaking ga� or (ii)�e NaHonal Repository, and in either case, to each State Repository. Notwithstanding the foregoing,notice of Listed Events described in subsections(a)(8)or(9)need not be given under this subsection any earlier than the notice (if any)of the underlying event is given to Owners of at�'ected Bonds pursuant to the Resolution. In each case of the Listed Event, the DisseminaGon Agent shall not be obligated to file a notice as required in this subsection(e)prior to the occurrence of such Listed Event. (� The Issuer hereby agrees that the undertaking set forth in this Disclosure Agreement is the � responsibility of the Issuer and that the Dissemination Agent shall not be responsible for detemvning whether the Issuer's insttuctioas to the Dissemination Agent under this Section 5 comply with the requirements of the Rule. � SECTION 6. Terniination of Reoortina Oblia�tion. The obligafion of the Issuer and the i Dissemination Agent under this Disclosure Agreement shall ternvnate upon the legal defeasance, prior I redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the � Bonds, the Issuer shall give notice of such terntination in the same manner as for a Listed Event under � Section 5. SECTION 7. Dissemination A ent. The Issuer may, from time to time, appoint or engage a ' Disseminarion Agent to assist it in canying out its obligations under the Disclosure Agieemen�, ana may ( discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The initlal Dissemination Agent shall be Wells Fazgo Bank, National Association, Los Angeles, California The Dissemination Agent may resign by providing thirty days written notice to the Issuer. The Dissemination Agent shall not be responsible for the content of any report ar notice prepared by the Issuei. The Dissem'viation Agent shall have no duty to prepaze any infoimation report nor shall the Disseminadon Agent be responsible for filing any report not provided to it by the Issuer in a timely manner and in a form suitable for filing. SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure Agreement, the Issuer and the Dissemination Agent may amend this Disclosure Agreement, and any provision of this Disclosure Ageement may be waived,provided that the following condifions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5, it may only be made in connection with a change in circumstances that azises from a change in legal requiremenis, change in law, or change in the identity,nature or status of an obligated person with respect to the Bonds,or the type of business conducted. (U) The undertaking,as amended or waived,would, in the opinion of nationally recogn]zed bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances;and (o) The proposed amendment or waiver either(i)is appmved by the Owners of the Bonds in the same manner as provided in the Indenhue for amendments to the Indenture with the consent of Owners, or C-4 DOCSOC\937568v5�22707.0009 (ii)does not, in the opinion of nationally recognized bond counsel, materially impa'u the interests of the �wners or Beneficial Owners of the Bonds. (d) In the event of any air�endment or waiver of a pmvision of this Disclosure Agreement, the Issuer shal! describe such amendment in the next Annual Report, and shall include, as applicable, a naTrative explanation of the reason for the amendment or waiver and its impact on the type(or in the case of a change of accounting principles, on the presentation) of financial informarion or operating data being presented by the Issuer. In adciition, if the amendment relates to the accounting principles to be followed in preparing financial statemeats, (i)notice of such change shall be given in the same manner as for a Listed Event under Sec6on 5(e), and(ii)the Annual Report for the yeaz in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative fomi) between the gnancial statements as prePared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The Dissemination Agent shall not be obligated to enter into any such amendment that modifies or increases �ts respecrive dutles or obligations hereunder. The Dissemination Agent may rely on an opinion of counsel that the amendment or waiver complies with the requirements of the Rule. SECTION 9. Additional Information. Nothing in Uus Disclosure Agreement shall be deemed to prevent the Issuer from disseminating any other information,using the means of dissemination set forth in this C Disclosure Ageement or any other means of communication, or including any other infotmation in any ! Annual Report or notice of occu:rence of a Listed Event, in addition to that which is required by this I Disclosure Agreement. If the Issuer chooses to include any information in any qnnual Repon or notice of � occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have no obligation under this Agreement to update such infom�ation or include it in any firture Annual Report or notice if accurrence of a Listed Event. ; SEC'I'ION 10. Default. In the event of a failure of the Issuer or the Disseminarion Agent to comply � i with any provision of this Disclosure Agreement, any Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific perfoimance by court otder, to cause t}�e Issuer to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the ResoluGon, and the sole remedy under this Disclosure Agreement in the event of any failure of the Issuer to comply with this Disclosure Agreement shall be an acrion to compel perforniance. SECTION 11. Duries Immunities and Liabilities of Dissemination A ent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agetment, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employeea and agents, haimless against � any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its poweis and duties hereunder, including the costs and expenses (including attomeys fees)of defending against any claim of liability, but excluding liabiliries due to the Disseminafion AgenYs negligence or willful misconduct. The Dissemination Agent shall be paid compensaUon by the Issuer for its services provided hereunder in accordance with its schedule of fees as amended fi+om time to time and all expenses, legal fees end advances made or incurnd by the Dissemination Agent in the perfom�ance of its duries hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to them hereunder and shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Bond holders, or any other pazty. The obligatlons of the Issuer under this Section shall survive resignarion or removal of the Dissemination Agent and payment of the Bonds. No person shall have any right to commence any action against the Dissemination Agent hereunder, seeking any remedy other than to compel specific performance of this Disclosure Agreement. The Dissemination Agent shall not be liable under any circumstances for monetary damages to any pe�son for any breach under this Disclosure Agreement, SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Undenvriter and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. GS DOCSOC\937568v5�22707.0009 _ _� ------_._. SECTION 13. Notices. No6ces should be sent in writing to the following addresses The following information may be conclusively relied upon until changed in writing, Disclosure Representative: Director of Administrative Services City of Arroyo Cirande 214 East Branch Street Arroyo Grande,CA 93421 Dissemination Agent: Wells Fazgo Bank,National Assoc]ation 707 Wilshire Blvd., 17th Floor Los Angeles,CA 90017 SECTION 14. Countemarts, This Disclosure Agreement may be executed in severa! counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument, Date: February_,2003 CIT'1'OF ARROYO GRANDE• � By: Its: City Manager ! I WELLS FARGO BANK,NATIONAL ASSOCIATION,as Disseminarion Agent BY. I Its: Authonzed Officer � C-b DOCSOC\937568v5U2707.0009 -�.._ __. . ._._�.._. EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUqL REpORT Name of Issuer: City of Arroyo Grande Name of Bond Issue: City of Arroyo Grande Geneial Obligation Bonds, Series A of 2003 (Fire Station Project) Date of Issuance: February 25,2003 NOTICE IS HEREBY GNEN that the City of Arroyo Grande (the "City") has not provided an Annual Report with respect to the above-named Bonds as raquired by Section 3 of the Continuing Disclosure Agreement, dated as of February 1, 2003, by and between the City and Wells Fazgo Bank, National Association,as dissemination agent. [The City anticipates that the Annual Report will be filed by ,] Dated: � ± Wells Fazgo Bank,National Association,as Disseminafion ' Agent j F i cc: City � i � DOCSOC�937568v5�22707.0pp9 C-7 . __ .___ _ __ _ _ __.. ___________ APPENDIX D GENERAL INFORMATION RELATING TO THE CITY OF ARROYO GRANDE CERTAIN INFpg]HATION CONCERNING THE CITY OF ARROYO GRANDE General The City of Arroyo Grande encompasses approximately 5.45 square miles at an elevation of 114 feet above sea level. The City is on the central coast of Califomia midway between Los Angeles and San Francisco. The City, locally lmown as one of the "Five Cities", adjoins Pismo Beach and Grover Beach and is close to Avila Beach and Shell Beach. Tourism, retail sales and govemment are principal factots in the local economy. Many City residents are employed within the five citles and in San Ltis Obispo,the County seat. Population A summary of the City, County of San Luis Obispo and State of California population is shown � below. i I Populatlon 1980.2002 I Year ! Ct1J' Caunty State � 1980 11,290 155,435 23,667,764 1990 14,278 217,162 21,760,021 2000 15,851 246,681 33,871,648 2001 16,000 249,700 34,385,000 2002 16,300 253,60p 35,037,000 Sources: 1980, 1990,2000 U.S.Census;2001,2002 Califomia Department of Finance es6mates at January 1. Employment The City is located in the San Luis Obispo-Atascadero-Paso Robles Metropolitan Statis6cal Area (MSA). The Iabor Mazket Area for this MSA comprises San Luis Obispo County. T}uee principal job categories constitute 71.5%of the area's work force. These job categories are services(24.6%),wholesale and reta�1 trade(24•5%),and govemment(22.4%). The Califomia Employment Development Deparhnant reported San Luis Obispo County's September 2002 unemployment rate at 3.2%, as co statewide rate of 6.2%. mPazed to the Califomia DOCSOC\937568v5�22707.00p9 D-1 . __. .. _�_ ___ . ____ .-----.--_..... The following table presents a five-yeaz summary of the distribuHon of employment in the labor market area. Saa Luis Obispo-Atascadero-Paso Robles MSA Annual Average Labor Force and Industry Employment Type ofEmployment 1997 1998 1999 Agriculdu�e 2000 2001 M�g 4,800 4,600 4,300 4,800 5,300 Construction 1� 100 ipp z00 Z00 Manufacturing 4,100 4,500 5,300 5,900 6,500 Transportation and Public Utilities 6,800 7,300 7,400 7,500 7,600 4,500 4,500 4,800 4,800 4,700 Wholesale&Retail Trade 21,000 21,900 23,200 24,400 25,000 Finance,Insurance&Real Estate 4,400 4,700 4 900 4,900 4,900 Services 20,900 21,900 23,200 24,200 25,200 Government 20.300 21.200 21.600 22.400 22.900 TOTAL 6.900 � � Source: Califomia Empbyment Development Deparhnent. � � 1 � '� 4 Industry � i 1'he table below lists the major employers in ihe City and their estimated number of full-time t employees. CITY OF ARROYO GRANDE Principal Employers Employer Number o Em I Ployees�'� Lucia Maz Unified School District I,015 Arroyo Crrande Community Hospital 3� K Mazt(includes Arroyo Grande and Atascadero) Ciry of Arroyo Grande 195 n 178 � �'� Includes full and � �. Source: Economic Ou�k�3,Snn Luis Obrspo County, UCSB Economic Forecast project. DOCSOC\937568vS�22707.0009 D_Z _ _ _ ._ �_ _ ----�----- Commercial Activity CITY OF ARROYO GRANDE Taxable Retail Sales (Dollars in Thouannds) RETAII STORES TOT.9L ALL OUTLETS TaYable Tarabk Year NuneberofPerinits TransaceTons NmnberofPermiJs Tronsactions 1996 210 $127,555 1997 219 139,625 6Z3 $146,100 1998 206 143,367 �� 160,796 1999 224 183,043 654 166,691 2000 238 211,797 685 209,088 2001 263 229,209 711 238,617 749 257,727 Source: Califomia State Board of Fqualization. I � Economic Indicators f The Economic Outlook 1003, San Luis Obispo County, UCSB Economic Forecast Project reported f 2002 median household income in the City to be$53,388. The California Association of Realtors reported that �e�d 4��'Z002 median home price in the City was$320,200. Aveiage monthly rent for a two bedroom � apartrnent was$931. � r Constructlon AcUvity CITY OF ARROYO GRANDE Building Permit Valuatlons 1998 to 2002��� (Dollars in Thousands) 1998 1999 1000 2001 1002�1� Resideatlal New Single Dwelling $ 27,678 $ 23 464 New Multi Dwelling + $ 17,959 $ 24,073 $ 28,419 Additions,Alteralions,etc. � 1,004 p � � 951 li 2.010 Z 9(2 2 gpy Total Residential 28 629 26 007 19 969 27 35 3 228 Non-ResidenNal �� $ 1• NewCommereial $ 11,122 $ 2,170 $ 2,439 $ 2,108 $ 1,913 Other 608 10 14 Additions,Alterations,etc. 9 1379 2.674 1_,628 1_� Total Non-Residential 14�_369 29_569 5 127 3 52 Total Valua4on 25_096 � 3 440 Number of New Dwelling Units: 24_151 Single Dwelling Multi Dwelling 171 157 100 143 169 Total Units 170 1�4 100 � 0 743 169 ��� ThroughNovember2002. Source: City of Arroyo Grande. DOCSOC�937568v5�22707.0009 D-3 _ _. _ . ._._._ �._..�.. Troospo�wnoo U. S. Route 101, the principal coastal highK,ay in California, trave�ses the City providing fieeway access to Los Aageles and San Francisco. Several courier, freip,ht and delivery companies serve the City. I-ocal bus service is provided by South County qrea Transit and Greyhound pmvides long-distance bus service. The Union Pacific Railroad coast mainline passes through adjacent Grover Beach, where Amtrak makes a passenger stop,connecting the area with L,os Angeles and San Francisco and beyond. .'1ir passenger and cargo service is available at the Santa Maria Airport,appmXimate�y ZS mi�es to the south and San Luis Obispo County Auport, 10 miles to the north. Commuter airlines pmvide passenger service at both airports. MUNICIPAL GpVEgN11�,N'�' Genenl The City was inwrporated as a genera( lak• city on July 10, 1911. The City operates under the � CounciUManager form of govemment, T'he City Council appoints the City Manager who is responsible for the f daY-ta-daY adminishation of City business and the coordination of s11 departments of the City. The City E Council is composed of five members elected at lazge. Four council members aze elected bi-annually to four- I yeaz altemating terms, The Mayor is elected biannually to a t�•o year term. A Mayor Pro Tem is selected by I the City Council from among its members. The 2002/03 City Budget provides for a staff of 102 full-time and � 76 part-time employees under the direction of the City Manager. � � Members of the City Council and their respective term expiration dates are as follows: i Councilmeerber Expiratron ofTernt Tony M. Fenara,Mayor November 2004 Jim Dickens,Mayor Pro Tem November 2006 Thomas A.Runels,Councilmember November 2006 Jce Costello,Councilmember November 2004 Sandy Lubin,Councilmember November 2004 � CITY FINANCIAL INFORMATION Financlal Statements The City financial statements have been audited by Moss, Levy& Hartzheim, Certified Public Accountants, Santa Maria, California (the "Auditors"). The City's accounting policies confomi to generally accepted accounting principles. The audited financial statements also conform to the principles and standards for public financial reporting established by the National Comcil of Govemnzent Accounting a�d the Govemmental Accounting Standards Board. Fund Accounting; General Fund. The accounts of the City are organized on the basis of funds and account groups. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise assets, liabilities, fund equity, (or retained eamings), revenues and expenditures, or expenses,as appropriate. Govemment resources are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which spending activiHes are controlled. The City adopts budgets for the Gene:al Fund,Special Revenue Funds, and Capital Projects Fund. DOCSOC\937568v5�22707.0009 D� . - _._. . __._ . ..________ The Genenl Fund is the genera] aperating fu�d of the City. It is used to account for all financial resources except those required to be accounted for in another fund. General Fund sources of revenue include various taxes, aid &om other govemmental agencies, fees and service charges. Special Revenue Funds are used to account for proceeds of specific revenue sources that are legally restricted to expenditures for specified puTposes. The ArroYa Grande Redevelopment Agency is a component unit of the City. Accordingly, the Agency's opeiations are also included in the Ciry's general-purpose financial statements. geparate qg��y fmancial statements can be obtained at the A:royo Gcande City Hall. Basis ofAccounting. All govemmental funds a�d agency funds are y�counted for using the modified accnial basis of accounting, 'I'heu re�enues are recognized when they beoome measurable and available. T�PaY�-�sessed income, gross receipts and sale taxes are considered "measurayle" when in the hands of intermediary collecting govemments and are re�ognized as revenue at that time. Anticipated refunds of such taxes are measurable when their validity seems certain. Expenditures are generallY recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this general rule is principal and interest on general long-term debt is recognized when due. The audited combined financial statements of the City are available upon request. Such request in writing should be directed to the City Clerk's Office,214 East Bianch Sireet,Aaoyo Grande, CA 93421. The City has not requested nor did the City obtain permission from the auditors to include the audited financial � statements for the Fiscal Year ending June 30, 2002 as Appendix A to this Official Statement. Accordingly, � the Audito:s have not performed any post-audit work on such financial statements. � The table below represents a five-year summary of the City's General Fund revenues and expenditures � and change in fund balances. 4 S � DOCSOC\937568v5�22707.00p9 . D-5 .____ _ _ . . __�.._._ CITY OF ARROyO GRANDE General Fund Combined Statement of Revenues and Expenditures and Changes in Fund Balance For Fiscal Years Ending June 30, 1998-2002 � 7998 1999 2ppp 200� Z002 Revenues R'D�Y �� $ 1,643,302 $ ].733,866 $ 1,893.589 ah��� 3,026,293 2.711,210� 3,293,425 $ 3,542,6p2 $ 2,385,221 �������� 260,314 496,831 � 3.914,961 Intergovemmental 333,917 394,678 436,768 � 873,863 894.669 986,959 1,315,656� 1.120.808 Charges for Services 681,438 759,772 837,068 632,557 829,116 Use of r'pney and Property 142.978 118,930 Fince&forftitures 69,376 151,810 174,957 55,786 ll2,009 101,810 93,487 127,185 Otherttvenue 1_ 61 217.560 281,1;7 Tofal Revenues g �,s?e 5vo � _ 347507 - 5_7.ORd Rd7 $ 7.797.2Ri S 8.778�SR - . _ S 9J35 s9a Expendiares Se�erfes&benefiGS $ 5,166,717 $ 5,512,637 S 5,953,909 $ 6,420,979 $ 6,957,136 Services&supplies 2,102,833 2,115,798 2,09p,767 2,072.561 Capifaloutlay 327,139 243,122 205,875 2,107,837 Debtservice 214.740 216 760 277,932 477,352 Total Expenditures S 7.8I I.d29 � 217J86 140.61 i 37 450 S 8.0887t� S 8Afi83�� S 8912^-RC ;qS�q��� Other Financing Sources(Usey) I Total other finencing sources(uses) $ 556,460 $ 528,682 $ 439,559� S 1,027,248 S 1,135,978 ' � Excess of Revmua ova Facpendiares S � (420,380) $ (474,788) S (231,497) S 893,421 S 892,726 Fund B¢lances BeginningofFiscalYear $ 1,569,06G $ 1,162,667 S 687,879 $ 456,382 S 1,616,878 f Priorperiodadjustmmfs $ I.'�'981 -0- -0- 267075 � � End Of FiSCeI Yeer .b67 S fiA7.879 E 456 iR9 L61 fi_87 C � �---�& _. 3.49R SR� � Source: Exceryted from Ciry annual eudited finencial statements. Assessed Vatuatlon The assessed valuation of property in the City is established by the County Assessor,except for public utility property which is assessed by the State Board of Equalization. Assessed valuations are reported at 100% of the full cash value of the property, as defined in Article XIIIA of the Califomia Constitution. (See "SECURII'Y FOR THE BONDS-Property Taxes"below). The Califomia State I,egislature adopted in 1969 the Homeowners Property Tar Relief Progam. 1'ha � State reimbursed redemption cuaently provides a credit of$7,000 of the full value of the owner-occupied dwelling for which application has been made to the County Assessor. The revenue estimated to be lost to local taxing agencies due to the exempGon is reimbursed from State sources. Reimbursement is based upon total taxes due on such exempt value and is not reduced by an amount for estimated or actual delinquencies. Certain classes of property such as churches, colleges, not-for-profit hospitals and charitable institutions are exempt from pmperty taxation and do not appear on the tax rolls. No reimbursement is made by the Shate for such exempfions. Total assessed valua6on of City property for the past ten years is set forth in the following table. DOCSOC1937568v5�22707.0009 D-6 __ _ ______ _,__ .._. _..._____.� CITY OF ARROYO GRAIVDE Assessed Valuations of Property Fisca!Year Secured Roll Unsecured Roll 1993-94 Total 1994-95 $812,963,648 $22,000,168 $834,963,816 1995-96 836,086,571 21,579,358 857,665,929 853,253,590 23,046,635 1996-97 865,516,849 876,300,225 1997-98 896,101,032 23�0p1,991 888,518,840 1998-99 995,396,246 23,205,552 919,306,584 1999-00 1,039,810,927 23,388,545 978,784,791 2000-01 1,162,385,912 Z4,916,189 1,064,727,116 2001-02 1,267,045,775 31,851,083 1,194,236,995 2002-03 1,394,050,860 35,535,149 1,302,580,924 I 36,165,293 1,430,216,153 � Source: San Luis Obispo County Auditor-Con[roller, � I The following table sets forth the ten lazgest secured propert�, taxpay� � �e City based an the � 2002-03 secured tax roll; CITY OF ARRpyp GRANDE Ten Largest Secured Pruperty.T�payers � 2001-03 ?6 ofTotal City Secured 2002-03 TOXP°1'e� Type ofBvsiness Assessed Value Secured Assessed Value ESJ Centers LLC et al Shopping center $35,46Q601 0 Sunrise Terrace Mobilehome Owner Assn. Mobilehome park 8 405,844 Z•54/o Bunnell,Ray � 0.61 Propertyowner 5,942,100 ; Sigaature Real Estate Equities Ptoperty owner 5,202,00p 0.� Kmart 037 Freutel,M.G. DePa�ent store 5,191,362 037 Pismo Beach Lodging M°P�Y owner 4,515,211 032 Koch et al 3,752,831 0,27 Frandson,Charles �O�OWD� 3,225,240 0.23 Cazroll, Betty Property owner 3,204,432 0.23 Total PIO��o�'D� 2.958.000 0.21 77 B 7 6 1 �Q% Source: San Luis Obispo County Auditor-Controller. � Sales Taz A sales tazc is imposed on retail sale or consumption of personal property, Sales tax revenues are deteimined by the total taxable transactions within a jurisdicdon and distributed by the State Board of Equalization to the jurisdiction where t}�e sale took place. Sales taxes collected from merchants with no pem�anent place of business (i.e., manufactureis, constrnction contractors, etc.) are accumulated to a County- wide or State-wide (out-of-state businesses) pool and distributed to cities and counties in proportion to their collections from all sales ta�cpayers, T'he value and volume of these ta�cable transactions are ]n turn dependent on economic and other factors which will influence the City. Such factors included the level of inflarion affecting the price of goods and services subject to the sales taac, the rate of population growth ]n the general area, the chazacteristics of retail developments, including the relaHve size of market service areas, the sensitivity of the types of DOCSOC1937568v5�22707,00p9 D-� _ .__ _ _ _._______ businesses within the City to changes in the economy,and competing retai�establishments outside the City. A deterioration of economic and other factors influencing tarable sales generated in the City, or an increase in tax-exempt sales, including sales over the Intemet, would reduce the level of taxable sales generated in the City,t}�ereby reducing sales tax revenues. Clty Budgetary process The Fiscal Yeaz of the City begins on July 1 each year and ends on June 30 of the following yeaz. To develop the annual budget, each departrnent head must fiunish t►�e City Manager an estimate of revenues and expenditures for such department for the coming Fiscal Year. In prepari�g��e���d budget, the City Ivlanager reviews the estimates, holds conferences with the respecrive department heads, and revises °ns�deratian. The C'ty'Fi cal Yeaz 20021-03 Budge was adopted by City CounciltRe olution No.31606 on June 25,2002, � The table below summarizes the City's General Fund adopted budgets for Fiscal years 2pp1-02 (as f amended)and 2002-03. I CITY OF ARROYO GRANDE E General Fund Adopted Budgets ! I Fiscal Year Fisca!Year 2001-02 2002-03 Ameeded Budget Adopted Bydget REVENUES: Othert�a.��e$ - $ 2,196,200 $ 2,283,200 Licenses and pernvts 3,859,695 4,130,400 Fines 383,210 429,810 Useofmone and ro 110,700 136,400 , Y P Perty 121,00p 172,900 Intergovemmental 1,193,600 1,143,300 Charges for services 866,584 Other Revenue 787,100 Tcansfers In 326,373 584,100 TOTAL R&VEN[IEg — 854.667 _ 780.450 9-91 0 9 1�-447.660 EXPENDITURES: Salaries&benefits $ 7,2p7,004 $ 7,723,770 Cwrentexpenses 2,298,386 2�21� Debt service ,520 Equipment replacement 66,300 94,400 Transfeis In(Out) 377,595 Zg2�3pp TOTAL EXPENDIT[JREg 3,413 (107,350) $9 952•69H 10-210.640 Souroe: City of Arroyo Grande. Direct nnd Overlapping Debt The table below presents a statement of direct and overlapping debt (the "Debt Report") within the City as of January 1, 2003. The Debt Report was prapared by California Municipal Statistics, Inc. and includes only such information as has been reported to Califomia Municipal Statistics, Inc. by ihe isauers of the debt described therein and by others. The Debt Report is included for general information purposes only. DOCSOC\937568v51227p7,0009 . D-8 . _ � _ -----.-_.� The City talces no responsibility for its completeness or accuracy. Any quesrions conceming the scope and methodology of procedures carried out to compile the information presented should be directed to Califomia Municipal Statisfics,Inc.,Oakland,Califomia. CITY OF ARItOYO GRANpE Direct and Overlapping Bunded Debt . 2002-03 Assessed Valua[ion: $1,430,2I6,153 Redevelopment Incrementyl Valuation: 22.498 579 Adjusted Assessed Valuation: $1,407,717,574 DIRECT AND OVERLqppIA��Tp,X pND AScFCCMENT nFRT; . San Lms Ob�spo Cpunty p�o�Control and Water Conservation Distria,Zone No.3 ��A���� �bt 1/Ol/0'+ . � Lucia Mar Unified School District 35.239/e E4,796,028 Oceano Sanitation District 22.602 5,192,622 Ciry of Arroya Grande 1.852 2,130 ( TOTAL GROSS DIRECI'qND OVERLAPPING TAX qND ASSESSMENT DEBT '��� �2� � Less: San Luis Obispo Coimty Flood Control and Water Conservation District,Zone No.3 $9'�'780 � � self-supporting pp�s � � TOTAL NET DIRECT qNp pVERLAPpING TAX AND qSSESSMENT DEBT 222.006 � $9,768,774 E 9VERLAPpIA( ,r,ENERar ermrD OBLI ATION DEBT: � ' San Lms Ob�spo Cqunty Certificates of Participafion o '' San Luis Obispo Cummunity College District Certificates of Partici 6.230/o $1,103,022 Lucia Maz Unifial School District Certificates of Participation ���n 6'214 208,480 TOTAL OVERLAPPING GENERAL FUND OBLIGATION DEBT 22'60Z 2 �4 5 54,226,030 GROSS COMBINED TOTAL DEBT NETCOMBINEDTOTALDEBT 514,216,810 ��� 513,994,804 RArios ro 2002-03 A Pd Vahiation: DirectDebt..........................................................................- % ,; Tata�Gross Direct and Ovedapping Tax and Assessment Debt......0.70% �� Total Net Direct and Overlapping Tarz and Assessment Debt..........0.68% � R�tios to Adi�=r� ea =�Val r' .. Gross Combined Total Debt............................................................ 1.01% � Net Combined Total Debt................................................................0.99% �7'ATE SCHOOL BUILDING AID REPAYABLE AS OF 6/ 0/02: $0 P1 Based on 2001-02 ratios. �_� Exdudes general obligation bonds to be sold. �3� Excludes ta�c and rervenue anticipation notes,rnterprise revenue,mort capital Iease obligations. 8a8e revrnue and tax allocation bonds and non-bonded Source: California Municipal Sfa[istics,Inc,Oakland,Califomia. City Investment Policy The City's statement of Investment Policy, rendered to the City Council by the City Treasurer pursuant to Section 53646 of the Califomia Government Code (the "Investment Policy") provides that the basic premise underlying the City's invesknent philosophy is to invest public funds in a manner which provides the highest interest yield within the con6nes of the Investment Policy and the legal statutes consistent with safety and liquidity. A copy of the City's Investment Policy is included in APPENDI}(E hereto. DOCSOC\937568v5�22707.0009 D-9 _ _ . ._ _ --- -------- APPENDIX E CITY INVESTMENT POLICY � � � i i i DOCSOC\937568v5�22707.0009 E-1 � � - _ __ _ ,______--- APPENDIX F BOOK-ENTRY ONLY SYSTEM The information in this section concerning DTC and DTC's book-enhy only system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the comp[eteness or accuracy thereof. The following description of the procedures nnd record keeping with respect to beneficial ownership interests in the Boxds, poyment of principal,premium, if any, accreted value and interest on the Bonds to DTCParticipants orBenef:cial Owners, con,firmntion and transfers ofbeneficial owxership interests in the Bonds and other related trnnsactions by and between DTC, the DTC Porticiponts ond the Beneficial Owners is based solely on informadon provided by DTC. Reference made to www.dtcc.com is presented as a link for additional information regarding DTC and none of the information on such website is a part of or incorporated into this O,�cial Statement. i The Depository Trust Company ("DTC"), New York, Ny, wil� �� � securities depository for the ' Bonds(the`Bonds"), The Bonds will be issued as fully-registered securities registered in the name of Cede& I Co. (DTC's parinership naminee)or such other nam�as may be requested by an authorized representab�e of i DTC. One fully-registered certificate will be issued for each maturity of the Bonds, each in the aggrega� P���P� �ount of such maturity, and will be deposited with DTC. If, however, the aggregate principa] � amount of any issue exceeds $500 million, one certificate will be issued with respect to each $500 million of �r principal amount, and an additional certificate will be issued with respect to any remaining principal of such issue. DTC, the world's lazgest depository, is a limited-pwpose hust company organized under the New York Banking Lyw,a"banking organization"within the meaning of the New York Banking I,aw,a member of the Federal Reserve System, a "cleazing corporadon" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Sec6on 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 85 countries that DTC's participants("Direct Pazticipants")deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities hansactions in deposited securities, through electronic computerized book-entry transfers and pledges between D'uect Participants' ac�o��, �S eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing coiporations, and certain other a�Banizabons. DTC is a wholly-owned subsidiary of The Depository Trust& Clearing Coipocation ("DTCC"). DTCC,in turn,is owned by a number of Direct Pazticipants of DTC and Members of the Narional Securities Clearing Corpoiation,Govemment Securities Clearing Coiporation,MBS Cleazing Corporation,and Emerging Markets Clearing Coiporation,(NSCC,GSCC,MBSCC,and EMCC,also subsidiaries of DTCC),as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securiries Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that cleaz through or maintain a custodial relationship with a Direct Participant, either direcUy or indirectly ("Indirect Participants"), DTC has Standard& Poor's highest rating: AAA, The DTC Rules applicable to its Partia�pants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcacom. Purchases of Bonds under the DTC system must be made by or through Direct Participants,which will receive a credit for the Bonds on DTC's records. 'I'he ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in tum to be recorded on the Direct and Indirect Participants' records. Beneficial Owneis will not receive written confimiadion from DTC of their purchase. Beneficial Owners are, however, expected to receive written confim�ations providing detai�s of the hansaction, as well as periodio statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transacUOn. Transfers of ownership interests in the Bonds are ta be accomplished by entries DOCSOC\937568v5�22707.0009 F�1 _.. _.._ . __ _...--------- made on the boo]cs of Direct and Indirect Participants acting on behalf of Beneficia! Owners, geneficial Owners wtll not receive certificates representi�g their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partners}llp nominee, Cede& Co., or such other name as �y ye requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede& Co. or such other DTC nominee do not eft'ect any change in beneficial ownership, DTC has no knowledge of the actual Beneficial Owners of the Bonds;DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited,which may or may not be the Beneficial Owner�. '�'�e Direct and Indirect Participants will remain responsible for keeping account of their holdings an be}�a�f of their customers. � Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and lndirect Pazticipants to Beneficial Owners ' will be govemed by arrai�gements amang them, subject to any stamtory or regulatory requirements as may� I in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to sugment the I hansmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, ' defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may ! wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and trans�t notices to Beneficial Owners, In the alternative,Beneficia!Owneis may w��to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within an ]ssue are baing redeemed, DTC's pracNce is to determine by lot the amount of the interest of each Direct PaRicipant in such maturity to be redeemed. Neither DTC nor Cede&Co. (nor any other DTC nominee)will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures. Under its usual procedures, DTC mails an Omn(bus proxy to the District as soon as possible after the record date. The Omnibus Proxy assigns Cede& Co.'s consenting or voting rights to those Direct Participants to whose accounts gonds � credited on the record date(identified in a listing attached to the Omnibus Proxy). Redemprion proceeds, distributions, and dividend payments on the Bonds will be made to Cede& Co.,or such other nominee as may be requested by an suthoriud representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and coiresponding detai� inf'o�maaon &om the District or the Fiscal Agent, on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participanls to Bene6cial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in"street name,"and will be the responsibility of such Participant and not of DTC nor its�minee, the Fiscal Agent, or the District, subject to any statutory or regulatory requirements as may be in et2'ect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede&Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Fiscal Agent, disbutsement of such payments to Direct Pazticipants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will y� the responsibility of Direct and Indirect Participants. A Beneficial Owner shall give notice to elect to have its Bonds purcl�ased or tendered, through its Participant, to the Fiscal Agent, and shall eft'ect delivery of such Bonds by causing ihe Direct Par6cipant to transFer the Pazticipant's interest in the Bonds, on DTC's records, to the Fiscal Agent. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purc}�e will be deemed satisfied when the owners}up rights in the Bonds are transfemd by Direct Participants on DTC's records and followed by a book�ntry credit of tendered Bonds to the Fiscal Agent's DTC account. DOCSOC\937568v5�22707.0009 F-2 _ _ . _. _ �_� DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor depository is not obtained,physical Bonds are required to be printed and delivered. successor s curi es d po it ry)t In tha�evnent physi al Bo ds certificatties will b�e �f e� �u� DTC (or a printed and delivered, The information in this section conceming DTC and DTC's book�ntry system has been obtained from sources that the District believes to be rcliable, but the City takes no responsibility for the accuracy thereof. I � � i � f I � L � � i I F-3 DOCSOC\937568v5�22707.0009 a FISCAL AGENT AGREEMENT Between CITY OF ARROYO GRANDE and WELLS FARGO BANK,NATIONAL ASSOCIATION, as Fiscal Agent $ CITY OF ARROYO GRANDE GENERAL OBLIGATION BONDS,SERIES A OF 2003 (Fire Station Project) Dated as of February 1,2003 nn[`c 9dzc�3v2L�2.707 � _ J { i ATTACHMENT B i i i � FISCAL AGENT AGREEMENT Between CITY OF ARROYO GRANDE and WELLS FARGO BANK,NATIONAL ASSOCIATION, as Fiscal Agent f` $ � CITY OF ARROYO GRANDE ! GENERAL OBLIGATION BONDS, SERIES A OF 2003 I (Fire Station Project) i I i Dated as of February 1,2003 ' DOCSOC�943563v2�22707.0009 �� FISCAL AGENT AGREEMENT r �€ �: This Agreement is made and entered into as of the lst day of February,2003,by and between k' the City of Arroyo Grande(the"City")and Wells Fazgo Bank,National Association,as fiscal agent under that certain Resolution No. of the City Council of the City adopted on January 28, 2003 and that certain Supplement to Resolution No. dated as of February 1,2003 I (collecrively, the "Resolution"), executed by the City, and the City and the Fiscal Agent agree as � follows: � 1. Pursuant to the provisions of the Resolufion,the City shall be obligated to compensate,reimburse and indemnify the Fiscal Agent in connection with its service as fiscal agent, registrar,paying agent and transfer agent for the City's General Obligation Bonds, Series A of 2003 , (Fire Station Project),in the aggregate principal amount of$ (the"Bonds"), if and to the ; extent such compensation,reimbursement and indemnificarion aze payable under and pursuant to the , Resolution. i 2. As of the date hereof,the Fiscal Agent accepts each of the duties and obligations of I the Fiscal Agent under the Resolu6on, including,but not limited to, its obligations to authenricate the I' Bonds,maintain records as to the idenrity of the registered owners of the Bonds and receive all i money which the City is required to deposit with the Fiscal Agent under the Resolution. The City represents and warrants to the Fiscal Agent that it has not amended or supplemented the Resolution. 3. The Fiscal Agent will (i)prepare and mail checks or wire transfer funds in payment � of principal and interest due on the Bonds at maturity,by redemprion, or othenvise, (ii)maintain a Bond Register, and(iii) effect the transfer and exchange of any Bond, all in accordance with the ; terms of the Resolurion. ' I 4. The Fiscal Agent will cancel all Bonds paid at maturity, or otherwise, and provide the City with a certificate of destruction upon request,unless notified in writing to the conh�ary. i 5. The Fiscal Agent shall create, establish and maintain the following funds (as defined in the Resolufion): '� I (a) The City of Arroyo Grande(Fire Station Project)Acquisition and I Conshvction Fund(the"Acquisirion and Construcrion Fund"); I (b) The City of Arroyo Grande(Fire Station Project) Costs of Issuance Fund(the �� "Costs of Issuance Fund"); ! i (c) The City of Arroyo Grande(Fire Station Project)Bond Fund(the"Bond I Fund"); � i 6. The City of Arroyo Grande(Fire Starion Project)Rebate Fund(the "Rebate Fund"); i and I 7. The City of Arroyo Grande(Fire Starion Project) Redemp6on Fund(the I "Redemprion Fund"). ' ,� DOCSOC�943563v2�22707.0009 8. 1'he proceeds of the sale of the Bonds shall be received by the Fiscal Agent on behalf of the City and deposited and transferred as follows: (a) $ shall be transfened to the Acquisirion and Construcrion Fund to pay the Costs of Issuance of the Bonds; r, (b) $ shall be transfened to the Acquisirion and Conshvcrion Fund �!' to pay Project Costs. i i The Fiscal Agent may, in its discretion, establish a temporary fund or account in its books ! and records to facilitate such transfers.The moneys in the Costs of Issuance Fund shall be applied exclusively to pay the Costs of Issuance in accordance with the Resolurion. Amounts for Costs of ; Issuance shall be disbursed by the Fiscal Agent from the Costs of Issuance Fund as specified in a I Request for Disbursement of Costs of Issuance, substantially in the form of E�ibit A attached hereto,which must be submitted in connecrion with each requested disbursement. 9. The moneys in the Acquisition and Construction Fund shall be applied exclusively to II pay the Project Costs in accordance with the Resolurion. Amounts for Project Costs shall be i disbursed by the Fiscal Agent from the Acquisirion and Construcrion Fund as specified in a Request i for Disbursement of Project Costs, substantially in the form of Exhibit B attached hereto,which must � be submitted in connection with each requested disbursement. I � 10. Upon receipt of a Certificate of an Authorized Representative of the City stating that Project has been completed and all of the amount remaining in the Acquisirion and Construction � Fund is no longer needed to pay Costs of Issuance and Project Costs, the Fiscal Agent shall transfer � all of the moneys remaining on deposit in the Acquisifion and Construction Fund to the Bond Fund, ; as directed in the Certificate. i 11. The Fiscal Agent shall invest funds deposited with it in investments pursuant to Section 12 of the Resolution. The Fiscal Agent or any of its affiliates may act as advisor with respect � to or sponsor of any such investment. In the event that an Authorized Representative of the City does � not so direct the Fiscal Agent, the Fiscal Agent shall invest such funds and accounts in the Authorized Investments described in paragraph A of the definition contained in Section 1 of the Resolution. ' 12. The Fiscal Agent shall have no duries or obligations other than those specifically set forth herein and in the Resolution and no implied duties or obligations shall be read into this , Agreement against the Fiscal Agent. 13. The Fiscal Agent shall have no obligation to make any payment unless the City shall have deposited sufficient funds to pay all such amounts with the Fiscal Agent. ' 14. The Fiscal Agent may conclusively rely, as to the truth of the statements and j correctness of the opinions expressed therein, on certificates or opinions furnished to the Fiscal ' Agent by the City. 15. The Fiscal Agent shall not be liable for other than its negligence or willful misconduct in connecrion with any act or omission hereunder. The Fiscal Agent shall not be liable for any error in judgment made in good faith. 2 DOCSOC�943563v2�22707.0009 � � I ! 16. No provision of this Agreement shall require the Fiscal Agent to expend or risk its � own funds or otherwise incur any financial liability for perFormance of any of its duties hereunder, or � in the exercise of any of its rights or powers. 1 17. The Fiscal Agent may seek adjudication of any adverse claim, demand or conhoversy iover its person, as well as funds on deposit, in a court of competent jurisdiction. The Fiscal Agent has the right to file an action in interpleader in any court of competent jurisdiction to determine the rights of any person claiming any interest herein or in the funds and accounts established with respect to the Bonds. 18. This Agreement may be amended only by an agreement in writing signed by the parties hereto. 19. Any request, demand authorization,direction, notice, consent,waiver or other document provided or permitted hereby to be given or furnished to the City or the Fiscal Agent shall be mailed or delivered to the City or the Fiscal Agent, respecHvely, at the addresses shown herein,or such other address as may have been given by one party to the other, as follows: City: City Manager City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93421 Fiscal Agent: Wells Fargo Bank,National Associarion 707 Wilshire Blvd., 17th Floor Los Angeles, CA 90017 20. This Agreement and the Resolution constitute the entire agreement between the parties hereto relative to the Fiscal Agent. 21. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall consritute one and the same agreement. 22. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of California. 23. This Agreement shall remain in full force and effect unril the Bonds mature, or unti] the Fiscal Agent is removed by the City,or until the Fiscal Agent resigns. r 24. The Fiscal Agent may exercise any of the powers hereunder or under the Resolurion ' and perform any duties hereunder or under the Resolution either directly by or through agents and shall not be responsible for the negligence or misconduct of such agents if appointed by it with due care. 3 DOCSOC\943563v2�22707.0009 � All capitalized terms used herein without definition shall have the meanings assigned to such terms in the Resolution. ! i CITY OF ARROYO GRANDE i By: Its: City Manager WELLS FARGO BANK,NATIONAL ASSOCIATION, as Fiscal Agent By: Its: Authorized Officer ,:, DOCSOC\943563v2�22707.0009 S-1 i i ; � iEXHIBIT A CITY OF ARROYO GRANDE REQUISTTION FOR DISBURSEMENT OF COSTS OF ISSUANCE Wells Fazgo Bank,National Associarion, as Fiscal Agent, is hereby requested to pay from the Costs of Issuance Fund, established by Resolurion No. adopted by the City Council of the City of Arroyo Grande(the"City")on January 28, 2003 and under that certain Supplement to Resolution No._, dated as of February 1, 2003, the amount specified and to the payee named in Attachment No. 1 hereto. The amount is due and payable under purchase order, contract or other authorization and has not formed the basis of any prior request for payment. The conditions to the release of this amount from the City fund or funds noted above are safisfied, and sufficient moneys remain in the respective fund or funds of City to pay all remaining Costs of Issuance to be financed with such amounts. Dated: CTTY OF ARROYO GRANDE By: Authorized Representative �' i' i i i DOCSOC\943563v2�22707.0009 A-1 . i ATTACHMENT NO. 1 [Insert Descripfion of Costs of Issuance ) Payee Amount x i DOCSOC\943563v2�22707.0009 A-2 + i � � � EXHIBIT B CITY OF ARROYO GRANDE REQUISITION FOR DISBURSEMENT OF PROJECT COSTS Wells Fargo Bank,National Association, as Fiscal Agent, is hereby requested to pay from the Acquisirion and Construction Fund established by Resolution No. adopted by the City Council of the City of Arroyo Grande(the"City")on January 28, 2003 and under that certain Supplement to Resolution No._, dated as of February 1,2003, the amount specified and to the payee named in Attachment No. 1 hereto. The amount is due and payable under purchase order, contract or other authorization and has not formed the basis of any prior request for payment. The conditions to the release of this amount from the City fund or funds noted above are satisfied, and sufficient moneys remain in the respective fund or funds of City to pay all remaining the Project Costs to be financed with such amounts. There has not been filed with nor served upon the City notice of any lien, right to lien or attachment upon,or stop notice or claim affecring the right to receive payment of the amount specified above which has not been released or will not be released simultaneously with the payment i of such amount, other than materialmen's or mechanids liens accnung by mere operarion of law. " Dated: CITY OF ARROYO GRANDE � By: Authorized Representative DOCSOC1943563v2�22707.0009 B-1 i i t ATTACHMENT NO. 1 [Insert Description of Project Costs] Payee Amount � f 4 DOCSOC�9q3563v2�22707,Oppg B-2 CITY COUNCIL CONSIDERATION OF RESOLUTION REGARDING LOOMIS COMPLEX NOMINATION TO STATE HISTORICAL RESOURCES COMMISSION AND DISCUSSION OF LOCAI ACTIONS PREREQUISITE TO DESIGNATION OF HISTORICAL LANDMARKS JANUARY 28, 2003 PAGE 2 1. City Position for State Historical Resources Commission Consideration The Loomis complex is composed of at least three buildings located on the former Loomis property adjoining Tally Ho Creek on the north side of East Branch Street at the foot of Crown Hill at the east edge of the Village Commercial District. Nomination of the complex was made to the State Historical Resources Commission by Preserve the Village (PN). � The nomination was continued at finro previous hearings of the State Historical Resources Commission in May and November 2002. It is now expected that the hearing will be held ' May 2, 2003 in Sacramento. One reason that the matter was previously continued was to enable the City of Arroyo Grande to complete the Environmental Impact Report preparation process started in March 2002, after two conflicting opinions were obtained as to the historical sign�cance of the buildings composing the Loomis complex. The Draft EIR is being distributed this week for 45-day public review and comment ending March 14, 2003. Following response to comments, it is anticipated that the Planning Commission will receive the Final EIR on April 1, 2003 and a City Council hearing will be scheduled for April 22, 2003. (CEQA time extensions were authorized by the applicant to allow FEIR completion by mid-June 2003). Chapter 4.4 Cultural Resources and Appendices E-1 and E-2 of the enclosed DEIR provide a detailed description of the Loomis Complex existing buildings, history and evaluations of the potential significance of these resources (Append'a E-1 provides a detailed compilation of maps and photos of the Loomis Complex over time, as well as a chronology of related events regarding the property). A resolution is attached for City Council consideration to establish formal support for the nomination to the State Historical Resources Commission. The City has previously adopted similar resolutions in support of historical status for three other existing structures, which include: 1) The Intemational Order of Odd Fellows (IOOF) Hall on Bridge Street 2) The Swinging Bridge at Short Street, across Arroyo Grande Creek 3) The Paulding History House on Crown Hill Street 2. Designation of Local Historical Resources or Landmarks The City does not currently have foRnal procedures for local designation of historical resources. Specific procedures and criteria are required by State and Federal agencies for a "Certified Local Govemment Program" (CLGP) pursuant to the National Historic Preservation Act and State Mills Act programs. The purpose of such a program would be to evaluate and address the historical status of structures on a Citywide basis. If the Council wants to initiate a formal procedure for local designation and protection of cinr couNCi� � CONSIDERATION OF RESOLUTION REGARDING LOOMIS COMPLEX NOMINATION TO STATE HISTORICAL RESOURCES COMMISSION AND DISCUSSION OF LOCAL ACTIONS PREREQUISITE TO DESIGNATION OF HISTORICAL LANDMARKS JANUARY 28, 2003 PAGE 3 historical resources or landmarks, it will need to direct preparation of an ordinance including: • Appointment of a qualified historic preservation review commission (staff would recommend consultation or consideration of the South Counry Historical Society ; Board). k • A system for survey and inventory of historic properties (staff would recommend � use of 1985 and 1991 local sunreys as a foundation for additional research). • A public participation process for recommending nominations for local, state or National Register of Historic Places, and • PerForm other responsibilities delegated by the State for Milis Act property tax incentives, State Historical Building codes, and other purposes. Staff would prepare an additional report and advertise a public hearing notice for consideration of introduction and adoption of the proposed ordinance during February and March Council agendas. ALTERNATNES: The following altematives are provided for Council consideration: - Adopt resolution. - Provide direction on possible orclinance to create a "Certified Local Govemment Program"for local designation of historical resources or landmarks. - Take other appropriate action and direct staff accordingly. Attachments: 1. Draft EIR for Creekside Center project (on file in the Community Development Department) r � � ; � � � S 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING NOMINATION DF THE LOOMIS COMPLEX AT 415 EAST BRANCH STREET TO THE V CALIFORNIA REGISTER OF HISTORIC RESOURCES ! WHEREAS, the Loomis family is a pioneer family that has contributed i significantly to the agricultural and cultural heritage of the City of Arroyo Grande. ! WHEREAS, the Loomis Complex, located at 415 East Branch Street, includes � buildings commonly known as the Loomis Family Home, the E.C. Loomis and ! Son Warehouse and Hildie's House; and WHEREAS, the Loomis Family Home was built in 1880; and ! ! WHEREAS, the E.C. Loomis and Son Warehouse was built in 1910, has been � used as a feed/ranch supply store continuously for over 90 years and has contributed to the economic vitality of Arroyo Grande; and WHEREAS, Hildie's House was built in 1932 and is still in use today; and WHEREAS, the Loomis Complex has historical significance to the City of Arroyo Grande; and WHEREAS, the Loomis Complex is located in close proximity to the "City-As- Museum" program operated by the South County Historical Society and including the following historically significant structures: 1. The Heritage House History Museum located on South Mason Street; and 2. The Santa Manuella Schoolhouse located on Short Street; and 3. The I.O.O.F. Odd Fellows Hall located on Bridge Street; and 4. The Paulding History House located on Crown Hill; and 5. The Swinging Bridge across Arroyo Grande Creek at Short Street, and WHEREAS, the Loomis Complex adjoins the Village area and provides an easily accessible and complimentary property for public education and enjoyment. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande supports and recommends approval of the application made by Preserve The Village to the State Historical Resources Commission nominating � the Loomis Complex to the California Register of Historic Resources. € P C ! k Y ` 1 RESOLUTION NO. ; PAGE 2 . � On motion by Council Member , seconded by Council Member , ; and by the foilowing roll call vote, to wit: i G AYES: � NOES: i ABSENT: � The foregoing Resolution was passed and adopted this day of January, ' 2003. � I � i ! RESOWTION NO. � PAGE 3 ; - ; � i � { C � TONY M. FERRARA, MAYOR ' ATTEST: j I 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 � pRROy� 7 7.b. O G',p � INCORFOR�TE � V T # 'uLYtO' "" * MEMORANDUM c9�1FORN�P To: cinr couNCi� FROM: STEVEN ADAMS, CITY MANAGER�� ROB STRONG, DIRECTOR OF COMMUNITY DEVELOPMENT� DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS„�( vo� SUBJECT: EAST GRAND AVENUE, PHASE III STREETSCAPE AND STREET IMPROVEMENT CONCEPT PLAN DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council approve the proposed concept plan for the East Grand Avenue, Phase ill Streetscape and Street Improvement Project. FUNDING: The estimated total cost of the project is $1,250,416. This includes $1,000,416 for street, water and sewer improvements and $250,000 for the streetscape enhancements. The breakdown of funding programmed for the project is as follows: STIP (Street) $438,800 STIP (Enhancements) $250,000 Sewer Facility Fund $39,416 Water Fund 522 200 Total $1,250,416 Staff is working on how to address potential impacts to the grant funding due to the State budget crisis. The California Transportation Commission (CTC) has delayed all new aliocations, including funding that has already been programmed in the State Transportation Improvement Program (STIP). Funding for the street improvements has been allocated and will not be impacted, but it must be awarded by May 5, 2003. However, funding for the streetscape enhancements has not yet been allocated. If the City cannot obtain the funding allocation for this portion of the funding, SLOCOG has been requested to advance Regional State Highway Account (RSHA) funds. City and SLOCOG staff agree that it would be detrimental to segment the project due to the funding deadlines. CITY COUNCIL EAST GRAND AVENUE, PHASE III STREETSCAPE AND STREET IMPROVEMENT CONCEPT PLAN JANUARY 28, 2003 PAGE 2 DISCUSSION: Background At the February 12, 2002 City Council meeting, staff presented recommendations for the East Grand Avenue Enhancement Plan. The Plan was the result of a yearlong effort, including an extensive public participation program. This included two series of public workshops, a community-wide survey, an exercise to determine public preferences on draft concepts, presentations to community groups and civic organizations, meetings with business and property owners, and graphics on display at City Hall. One of the key recommendations of the plan was streetscape enhancements in the Gateway' segment of East Grand Avenue, from Oak Park Boulevard to Elm Street. The City had previously received approval for STIP funding for the final phase of street improvements to East Grand Avenue, including water and sewer upgrades. Since this phase of the project also focuses on the Gateway segment, it was recommended to delay the improvements to coordinate construction with the streetscape enhancements. Personal contacts have been made to all businesses located adjacent to key proposed improvements to discuss the concepts and identify concerns. In addition, all property and business owners were notified of this meeting to encourage participation and feedback before proceeding. Those contacted thus far have been supportive. Proposed Streetscape Enhancements Locations of the streetscape enhancements are shown in Attachment 1 and include the foliowing: Raised Medians/City Entrance Sign Construction of four raised landscaped medians is proposed to replace the existing two-way left turn lane in selected locations. The medians are designed to better channelize traffic, prevent illegal crossing near major street intersections, and to enhance both safety and the appearance of the boulevard character. The medians have been located to maintain access to major private driveways. The landscape design has been coordinated with all departments to address design, traffic and maintenance issues. Installation of landscaping and irrigation is proposed to be completed in-house by Parks, Recreation & Facilities staff to reduce costs. The median located at the western border of the City includes installation of a City entrance sign consistent with the design recently approved by the City Council. I CITY COUNCIL EAST GRAND AVENUE, PHASE III STREETSCAPE AND STREET IMPROVEMENT CONCEPT PLAN JANUARY 28, 2003 PAGE 3 q^ � A r � � � a <t � � `� � �s �'' A � �i j ' � � r. ' ` � I � � I ' ^�� W�� � {Q -m ^. .. S � � `� _ � a �=-,— � ,i R�p� fri ���"" i/' ' ���E ;a` � � � � �1 , 3 , w. ;� ��r�, ��, ,�� . ��'� . . �� East Giand Avenue raised median at entrance to the City Bulb Outs Installation of six mid-block bulb outs is proposed. The recommended design includes a low wall with a stone farade and curb extending six feet into the parking lane, a landscaped planter area, bench, trash receptacie, and a sidewalk paver area adjacent to the sidewalk and adjoining structures. The bulb outs are proposed at mid-block sites with existing red curb so no loss of parking is expected. Once again, Parks, Recreation & Facilities staff has proposed to install the irrigation and landscaping in-house in order to reduce costs. Street furniture models have been selected to be consistent with the existing bus benches recently installed by South County Area Transit (SCAT). , —_ - -- i CITY COUNCIL EAST GRAND AVENUE, PHASE III STREETSCAPE AND STREET IMPROVEMENT CONCEPT PLAN JANUARY 28, 2003 PAGE 4 �: � �f ` _ ""�. �' . k � ��... � � '��y� � � � r ��� �h �! ��W�.i.i . � i � y.�� ���.:7. M�.S. iT:".�t Yt :Yt�.. t � i � . . ..__-+-t2 � f.` ,J�:f�� tYyI91 �otlt.�M < __ ... ... � I�� � A A . _--^ , _----.' ' , + ., , j ... � .. \ �� n . J��...�--�C' . . �..-- . �. �� '�, "- _... . .'"' .. .s.. ` ` � ' � r s!r-Ne.. , , �\ �,.,N . � ,� . �. ._. .._�.�._ _ ... .� .—.�.- .., ' �. � � �.. Conceptual design o!mid-block bulbout '�+%�an.. C51 iR ��5.� r.. r: ,�r�;,f4 4 Y . �§ � ..,,..: ti �� . �n4'� °. i°- �'� ,�`x�. � 4 � r� �u � j' ;�"�` r '.� ,Y:' S: �'' .6;_ �d� 7 '�' _��`. � y, �� . �YA� '� � �A �j``A` Conceptual layout o/mid-block bulbout �' CITY COUNCIL EAST GRAND AVENUE, PHASE III STREETSCAPE AND STREET IMPROVEMENT CONCEPT PLAN JANUARY 28, 2003 PAGE 5 Colored Sidewalks It is proposed to convert the sidewalks over time to colored concrete. Developers of vacant parcels will be conditioned to install colored concrete when making sidewalk improvements. Existing sidewalks will be colored with stain, as funding is available. The stain color will be selected to match as closely as possible to the future colored concrete areas. The proposed color is classified as "buckwheat." Samples will be presented at the City Council meeting. Parking and Bike Lanes The concept plan includes conversion of red curb areas to parking where possible without impacting restricted visibility and appropriate turning radiuses. This will both improve parking availability for businesses and serve as a separation between pedestrians and travel lanes. In addition, bicycle lanes are added to both sides of the street adjacent to the parking lanes. Street, Sewer and Water Improvements The street improvement portion of the project includes the replacement of the water main and service laterals, replacement of sewer service laterals, storm drain improvements, grinding and replacement of the existing pavement, and pavement striping. Other Other improvements identified in the Enhancement Plan will be phased over time �� based on availability of funding and coordination with private development f` activity. Staff is aiso coordinating with local property owners to encourage �`• inclusion of components of the plan in proposed private development projects. j): Crosswalk improvements and comer bulb outs included in the original !''. Enhancement Plan have been eliminated due to cost considerations, such as signal and ramp modifications and storm drainage constraints. ; Schedule i The proposed schedule for the project is as follows: City Council authorization to solicit bids March 11, 2003 City Council award of bid April 22, 2003 ; Begin construction May 12, 2003 j Project completion November 7, 2003 ;' ALTERNATIVES: i The following alternatives are provided for the Council's consideration: - Approve proposed concept plan and direct staff to proceed with preparation of bid specifications; CITY COUNCIL EAST GRAND AVENUE, PHASE III STREETSCAPE AND STREET IMPROVEMENT CONCEPT PLAN JANUARY 28, 2003 PAGE 6 - Direct staff to make changes to the concept plan and proceed with preparation of bid specifications; - Provide staff with direction. Attachments: 1. East Grand Avenue Gateway Streetscape Improvements ; ; `.,; l � I I I � � ; � � � � � ; EAST GRAND AVENUE GATEWAY STREETSCAPE IMPROVEMENTS � � 0 Z BULB OUTS � BULB OUTS � 0 U � � EAST GRAND AVE. I m � � EAST GRAND AVE. i d � Y O � 3 w � BULB OUTS � : EAST GR.4ND AVE. �� c 7 W �, � a � Z J � W � Z � H y Y A I I50 75 0 150 � � JoLn L.Wallace&Associates z ��a��a�Pt.�,� ►� SCALE + 1'= I50� 9Ii5 Sa erood s�es s«, wr:on;�o, co � (805)544-4011 FAX 544-4294 orrnwN er: MDO REVISED: ZOO,3 __ __ :.:� �_ .:.�;,: -----------.- . . .._-----m�—_. 17.c. � pRROY� j o �,p f � INCORiORATED Yl � t�1 m { # au�r �o. �oii * . °���FORN�P MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR°� BY: RYAN FOSTER, ASSISTANT PLANNER SUBJECT: PRE-APPLICATION REVIEW 02-015; THE PIKE AND ELM; RICHARD SHARP, APPLICANT DATE: JANUARY 28, 2003 RECOMMENDATION: It is recommended the City Council review the project and give feedback to the applicant. FUNDING: There is no fiscal impact to the City. DISCUSSION: Backaround The applicant has applied for a Pre-Application Review to receive feedback from various City advisory bodies before proceeding with a formal application. The proposed project consists of forty (40) dwelling units and an underground parking garage located at the comer of The Pike and Elm (Attachment 1►. The parcel is ` currently zoned General Commercial (GC►. � Develoament Code Currently, the Development Code does not allow senior housing apartment complexes within the General Commercial District. However, the 2001 General Plan changed the land use to mixed-use. Since the Development Code amendments defining the Mixed-Use Districts are not yet complete, a Development � Code Amendment or Conditional Use Permit is required to enable approval of any compatible combination of uses in the Mixed-Use District per Land Use Policy 5-12. � The project site is 55,160 square-feet, or 1 .27 acres in area. With forty units, the project density is equivalent to 32 dwelling units per acre. The 2001 General Plan Land Use Element allows a maximum of 25 dwelling units per acre for the mixed- use designation. A total of 8 units are proposed to be affordable. Even with a i __ __..J � � k CITY COUNCIL � PRE-APPLICATION 02-015 JANUARY 28, 2003 � t PAGE 2 j 25% density bonus for providing 25% (8 units) as affordable, the project could { accommodate a maximum of 39 units. This would require one unit to be removed � from the plan to accommodate density requirements. However, there is some basis for consideration of increased density available to the City Council. First, approval could be granted based on consideration of "dwelling unit equivalencies"; this will be a concept considered as part of the Development Code update process. Twenty-eight of the units are two-bedroom and twelve of � the units are single-bedroom. If the proposed dwelling unit equivalent for one bedroom units is 0.66 or 0.75 and the equivalent for two bedroom units is one, the density would be equivalent to 30 dwelling units per acre. Second, if agreed to by the applicant, an additional density bonus could be provided for designation of over 25% of the units as affordable. These items were used as the basis for increased density approved for the Courtland/Grand senior housing project. Lot coverage for the project totals 39.5% and floor area ratio (FAR) totals 0.36. The Development Code allows a maximum of 45% lot coverage and a maximum 0.5 FAR. Landscaping for the project will comprise 38.3% of the project site, or 21 ,102 square-feet. The building setbacks include 15' - 30' in the front (facing Elm Streetl, 13'-5" in the rear, 15' on the street-side (facing The Pike), 10' on the south-side (adjoining the single-family residential neighborhood to the southl, and 0' on the north-side (adjacent to the marketl. These setbacks meet or exceed the minimum requirements of the Development Code, which states that the following setbacks are required in the GC district: 15' front, 0' rear, 15' for street side, and 0' for interior side. Currently, the Development Code would require a total of seventy-four (74) parking spaces (54 covered and 20 uncovered) for this project. The applicant has provided a parking study (Attachment 2) that concludes a parking ratio of 1 .2 spaces per unit would be sufficient for this project, resulting in a total of 48 spaces. These spaces are provided in the form of a partially underground parking garage. Apricultural Buffer The parcel located directly to the east of the proposed project, across Elm Street, lies in the County unincorporated area and is zoned for Agriculture. The City's General Plan requires a 100' buffer between agricultural and residential uses. The 30' setback on the Elm Street side of the project, when combined with the 70' Right of Way with of Elm Street itself, yields a buffer area of 100', with an opportunity for landscape separation. I i � CITY COUNCII � PRE-APPLICATION 02-015 f JANUARY 28, 2003 � PAGE 3 Pre-Aaalication Review No formal action is required for a Pre-Application Review. If, after receiving feedback from City staff and advisory bodies, the applicant decides to proceed with a formal application, the project would be processed with a Development Code Amendment (DCA) application, a Tentative Tract Map application, a Planned Unit � Development application, and possibly a Variance application to address reduced G parking requirements. Environmental impacts from the project would be evaluated � under CEQA Guidelines at that time. Staff Advisorv Committee The Staff Advisory Committee (SAC) reviewed this project at its meeting on November 12, 2002 (Attachment 31. Staff comments included a possible reduction in the number of parking spaces, which would result in a smaller garage and more open space. These changes have already been reflected in the plans, which allowed the inclusion of six (6) more units. Architectural Review Committee The Architectural Review Committee (ARC) reviewed this project at its meeting on December 2, 2002 (Attachment 41. Planninq Commission The Planning Commission reviewed this project at its meeting on January 21 , 2003. The Commission indicated support for waiver of undergrounding of existing overhead �tilities, consideration of a bus turnout on the Pike, and alteration of the preliminary site plan to address the minimum agricultural buffer and provide for possible on-site guest parking. The applicant has studied all and revised the plans to integrate many of these recommendations in the attached plans. ALTERNATIVES: - Provide direction to the applicant; - Request additional information; - Provide direction to staff. Attachments: 1 . Project plans. 2. Parking analysis dated November 25, 2002. 3. SAC meeting notes of November 12, 2002 4. ARC meeting notes of December 2, 2002. 5. PC meeting notes of December 17, 2002. HICCINS ASSOCIATES ATTACHMENT 2 ��VB� �5PR�1�f�0� �B�I�OU�I[�f�R� 1335 First Street, Suite A, Gilroy,CA 95020 • 408 848-3122 • fax 408 848-2202 • e-mail info@kbhiggins.com t I N November 25, 2002 ' � � Garth Komreich 1135 Mazsh Street San Luis Obispo, CA 93401 Re: Senior Housing Parking Generation Dear Mr. Kornreich, f � The following letter summarizes our review of parking standards and generation for senior housing � facilities. It is our understanding that the results of this research is to be utilized in the design of the I parking facility for a proposed senior housing facility to be located in Anoyo Crrande, California. f This review includes information from vazious sources, including past traffic analyses and other � industry parking publications. � I One source for pazldng information is Parldng Generation, 2°" Edition, by the Institute of � Transportation Engineers (ITE) in 1987. As noted in the report Grcmd Averrue/Courtlmui Street � CommercialDevelopmentTr�cAnalysisReport,byHigginsAssociates,January24,2002,Parking Generadon includes parking generation information forthe land use"Retirement Communit}�'(Code 250). A Retirement Community is described in Parldng Generation to be restricted to adults or � senior citizens, contain residential suites similar to apartments or condominiums and are usually ; self-contained villages. They may also contain special services such as medical services, dining facilities, and some limited supporting retail uses. The ITE peak parldng generation rates for a Retirement Community are 0.27 parking space occupied per dwelling unit on a weekday, 032 occupied space per dwelling unit on a Saturday and 1.00 occupied space per dwelling unit on Sundays." ; The American Seniors Housing Association (ASHA) published in 1998 the second edition of its report Assisted Living Residences - A Study of Traffic and Parking Implicaiiorrs, in which the organization discusses traffic and parking issues related to senior assisted living facilities. In this report, ASHA summarizes the results of its survey of assisted living facilities located in nine states ; across the country,wlvch it compiled into average characteristics for such uses,including traffic and � pazking rates. The report notes that the assisted living facilities in its study provide an average of 0.56 pazking space per dwelling unit, including on-site, disabled, reserved, and ancillary parldng space,and require 0.22 parked space.per dwelling unit in order to accommodate demand during peek weekday driving hours(defined in the report as between the hours of 7;00 AM and 3:00 PM.). e:�ooz��tsi.zoowos-iaowoz-iao�i..�a I Garth Kornreich November 25, 2002 Page 2 In its 1992 publication Recommended Zoning Ordinamce Provisions for Parking and Off-Street Loading Spaces, the Parking Consultants Council of the National Parking Association offers recommended policy and standazds for vehicle parking. The pubGcation recommends parking space requirements of 0.5 space per dwelling unit for "Elderly Housing," and 0.33 space for group, convalescent, and nursing homes. A more conservative estimate of parking requirements is to assume the project is low/mid- rise apartments with no age restrictions on tenancy. Parking requirements for low/mid-rise apartments from the aforementioned Pazking Generation publication (Code 221) aze 1.04 parking spaces per dwelling unit on a weekday, 1.21 parking spaces per dwelling unit on a Saturday and 1.01 parking � spaces on Sundays. These aze more than double the weekday and Saturday pazking generation from the sources cited above. i In conclusion,parking rates from various industry sources were reviewed for senior housing facilities. I The cited rates vary from 0.22 to 1.00 parking space per dwetling unit-depending upon the type of ( senior housing and the day of the week. Based upon the demands and recommendations from these sources,it is recommended that the design of the parking facility for senior housing areas be within the range of 0.50 parking space per dwelling unit, plus one additional space per employee. In a � worst-case condition, the pazking generation for low/mid-rise apartments could be used, which according to ITE would require a more conservative 1.21 spaces per dwelling unit. Thank you for the opportunity to assist you on this project. If you have any questions regarding this letter,please do not hesitate to contact me or Jeff Waller of my office at(408) 848-3122. Since�rely ows, .(� � Keith B. H'iggins, CE, kbh:jmw _� a , ,-� � F:�2002Uobs\151-200L402-180W02•180Ldtal.wpd I SAC Minutes ATTACHMENT 3 November 12, 2002 Page 4 Case No: Pre-Applicatlon Review 02-015 Applicant: Richard Sharp Proposal: 34- senior housing with underground park(ng garages; 12 one-bedroom units with 22 two-bedroom units. Location: The Pike and Elm Street Staff: Ryan Foster � Mr. Foster introduced the project explaining that it would have to be processed with a � Development Code Amendment because the zoning map had not yet been updated. i� Mr. Sharp, applicant, described the underground parking to staff stating how this would create a � lot more open space. All units, except six (these could be ramped if necessary), are handicap accessible. � { Mr. Strong clarified that this project could be considered Mixed-Use due to the adjacent � commercial shopping area. He further clarified that the present parking requirements do not i reflect the difference in residential age groups and to reduce the parking ratio the applicant would need to make a specific request. Steve Andrews verified that handicap parking can be located inside a parking structure Further discussion on the parking ensued and the applicant said this plan was just a concept and the engineers would address this further. Larry Schmidt, Building, comments: • An underground parking structure of this size would require an occupancy separation. ■ Fire access is not per the Development Code, so both the units and the parking structure would have to be sprinkled. • Fire flow(comes from Oceano CSD) and hydrant location would be required per the Development Code. ■ Permits and fees will be required. • ADA and State access requirements- parking should be close to the service area of units and marked on the plans. Rodger Olds, Public Works, comments: • Extension of the water main would be required. ■ A hydrant installed. ■ Separate meters for the units. ■ Curb, gutter and sidewalk on site. • Undergrounding of utilities to the site would be required. ■ A tra�c study will be required and should state that this is a senior project. Steve Andrews asked for verification of the exit and entryways. The applicant verified these. Mr. Strong remarked that this project was a creative concept. Staff had no further concerns. Mr. Foster said that this project would go next to the ARC. ! NOTES ARC MEETING ATTACHMENT 4 DECEMBER 2, 2002 PAGE 9 H. Pre-Application Review 02-015; Applicant— Richard Sharp; Location— Pike and Elm � Ryan Foster presented the staff report, saying that the zoning is General Commercial, but the 2001 General Plan changed the land use to Mixed-Use which would a�low residential, commercial retail and office. The applicant is proposing a 40-unit senior housing complex with underground parking � garage and one of the concerns of the SAC had been that there was too much parking. The applicant has now come back with a parking study showing that for a senior complex a lower parking � ratio wouid be appropriate. The applicant has reduced the size of the underground parking which I has enabled some more units. There are four different plans for the units. They are one unit over 1 the allowed density. ! Richard Sharp, the applicant asked if he could replace the extra unit with a clubhouse. Mr. Foster � said this would be fine that this would just add to the common space. Mr. Sharp said the parking study indicated that one parking space per unit would be adequate and had included the fact that there was a 7-11 next door. Mr. Hoag said that some of the units may be occupied by residents without cars, but there may be visitors so he recommended 1.2 spaces would be advisable. In reply to a question from the ARC regarding accessibility, Mr. Garth, representative said all the units would be accessible from the one elevator. Mr. Sharp commented that the request for 10 affordable units is a lot to ask. Mr. Foster said in order to get the 25% density bonus it is required to provide the 25% affordable. Mr. Sharp then asked for an explanation of the in-lieu fee. Staff explained how this would work and ' said they would discuss this at a later time with the applicant. Mr. Sharp said it would be a gated building with wrought iron fencing. The Committee said they liked the project and looked fonvard to seeing a color and materials board and plans showing elevations. Mr. Strong said he would recommend the applicant complete an archeological study for this project. No formal action was taken on this pro)ect. III. UPDATE OF PROJECTS Discussion item: Request to demolish an old Residence at 308 Mason Street: Staff informed the ARC that Building had advised them that only the garage had been requested to be demolished. The consensus of the ARC was that it wouid be acceptable to demolish the garage. IV. WRITTEN COMMUNICATIONS/STAFF COMMENTS None. V. ADJOURNMENT The meeting was adjoumed at 4:55 pm. ._ __ MINUTES PLANNING COMMISSION ATTACHMENT 5 DECEMBER 17, 2002 PRE-APPLICATION REVIEW 02-015; APPLICANT — RICHARD SHARP; LOCATION —THE PIKE AND ELM STREET. Staff report prepared and presented by Ryan Foster. Mr. Foster said that the Pre-Application is to review a proposal for a 39-unit senior housing complex and as with the previous item this proposed project exceeds the maximum allowed density that would be allowed with the new mixed-use land use designation of 25 dwelling units/acre. The applicant would need to provide 25%, or eight units as "affordable units" to receive a density bonus, which would then allow thirty-nine units. Altematively, staff is proposing that a "dwelling unit equivalency" be included as part of the Development Code update. Based on this model, the proposed project would be equivalent to 35 dwelling units instead of 39, and therefore only four units above the maximum currently allowed. The applicant has submitted a letter outlining parking standards for senior housing complexes, which concludes that a parking ratio of 1.2 spaces/unit would be sufficient for this type of project. All on-site parking would be provided in the form of an underground parking garage. The project is also subject to a 100' agricultural buffer due to the County agriculture parcel across Elm Street to the east. Including the building setback and Elm Street Right of Way width, '` the buffer would be 93' wide. There is a drainage ditch along the parcel that could be included in the buffer width, or a 7' portion of the buffer could be mitigated through additional landscaping by the applicant, both on and off-site. An additional option is to convert the four eastemmost apartments into a compatible office/retail use, which would ' exclude them from the buffer requirement. Vice Chair Keen opened the item for public comment and upon hearing none, brought the item back to the Commission for consideration. The Commission had the following comments and concems: ' • The applicant should be prepared to explain specifically why the project requires I only 100 feet as a buffer from the agricultural land on the east side of Elm Street. ' • Underground parking may be a concem with senior citizens and the proposed columns in the underground parking may be difficult for some seniors to maneuver. In addition, underground guest parking would not be easily accessible because of the locked gate. Some additional guest parking should be provided. • There was concem that some of the units may be facing the wall of the 7-11. • A larger activity indoor space would be beneficial. • A bus tumout on The Pike would enhance the project. • There was a concern with the height of the parking structure and deck overlooking neighbors. , • The City of Arroyo Grande should fumish water service for this project. The Commission said that they liked the idea of the project and thought it looked good, and additionally stated that senior housing and affordable housing are very much needed.