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Agenda Packet 2003-03-25 CITY COUNCIL C�,'��1 O f AGENDA _ ,�rro�o Grand¢ Tony M. Farrara Mayor Jlm Diekens Mayor dro Tem Steven Adams City Manaper Thomas A Runels Councll Member 7lmothy,l.Cartne� GryAttamey Sandy Lubin Couneil Member . Kelry Wehnwe Director,Administrative SeMCes Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, MARCH 25, 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: CAMP FIRE HE WA WIN SU HORIZON 4. INVOCATION: PASTOR GEORGE LEPPER, PEACE LUTHERAN CHURCH, ARROYO GRANDE 5. SPECIAL PRESENTATIONS: 5.a. Honorarv Certificates of Recoanition for He Wa Win Su Horizon Camo Fire Club Members 5.b. Proclamation Recoanizina Auril 2003 as Month of the Child 6. AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in tiUe only and all further readings be waived. � , — _ _ _ �; AGENDA SUMMARY— MARCH 25, 2003 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitaUon to members of the community to present issues, thoughts, or suggestions on matters r� scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Councii 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 consideraGon as a group. The recommendations for each item are noted. My Council Member may request that any item be withdrawn from the Consent Agenda to permlt discussion or change the recommended course of actiort. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disburseme�t Ratlflcation (SNODGRASS) Recommended Actton: Approve the listings of cash disbursements for the period March 1, 2003— March 15, 2003. 8.b. Consideration of Cash Flow Analvsis/Ao�roval of Interfund Advance from the Water FaciliN Fund (SNODGRASS) Recommended Action: Receive and ffle the February 2003 cash report and approve the interfund advance from the Water Fadlity Fund to cover cash deficits in other funds at February 28, 2003. 8.c. Consideration of Auoroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City CounciURedevelopment Agency of March 11, 2003 as submitted. 8.d. Reiection of Claims Aaatnst C1ri (WETMORE) Recommended Action: Reject daims for damages against the City filed by Denise Barry, San Luis Obispo; and Margaret Weiser/State Farm Insurance, San Luis Obispo. � . _ _ _ _ _ _ �' -- - _. ,; AGENDA SUMMARY– MARCH 25, 2003 PAGE 4 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 partiapating. (a) MAYOR TONY M. FERRARA: (1) San Luis Obispo Counal of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitadon District (SSLOCSD) (3) Integrated Waste Management Authority (IWMA) (4) Other (b) MAYOR PRO TEM JIM DICKENS: (1) South County Youth CoaliUon (2) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 WaterAdvisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER SANDY LUBIN: (1) South County Area Translt (SCAT) (2) Economic Vitaliry CorporaUon (EVC) (3) Other � (e) COUNCIL MEMBER JOE COSTELLO: , (1) Air Pollution Control District (APCD) (2) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are plac�d on the agenda by the Mayor and/or a Council Member who would like to receive feedback, direct staff to prepare infortnation, and/or request a formal agenda report be prepared and the ltem placed on a future agenda. No foRnal action can be taken. a) Request to direct staff to coordinate scheduUng a joint meetlny on housing elements with the Clty Counclis of Grover Beach and P(smo Beach and San Luls Obispo County Supervisors from the Third and Fourth Districts (FERRARA) b) Request for City Counal Appeal of Planning Commission Denial of Conditional Use Permit 03-001, Vestlng Tentative Parcel Map Case No. 03- 001, Planned Sign Program 03-001; Applicant – Santa Lucia Bank; Location 1530 East Grand Avenue. (FERRARA) I ._— _ __ — ____ _i AGENDA SUMMARY— MARCH 25, 2003 PAGE 5 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manayer in order to receive feedback and/or request direction from the Council. No formal action can be taken. � a) None. 15. COUNCIL COMMUNICATIONS: CorrespondencelComments as presented by the City Council. 16. STAFF COMAAUNICATIONS: CoRespondence/Comments as presented by the City Manager. 17. �OMMUNITY COMMENTS AND SUG(3ESTION3: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestlons. Comments should be limited to those matters that are within the jurisdiction of the City CounciL 18. ADJOURNMENT � , � . . . . . . . i � 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 pubUc inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate altemaUve fortnats to persons with a disabUity, as required by the Americans with Disabilities Act. To make a request for disability-related mod�icedon or accommodatlon, contact the Administrative Services Department at 805-473-5414 as soon � as posslble and at least 48 hours prior to the meeting date. � . . . . : . . , i 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 j Director of Administrative Services at (805)473-5414 for more infom�aGon. 1 � 1 www arrovoarande.ora � � ; 5.a. � CITY OF . . � -• - • ► i � � ' CALIFORNIA — � 9 1 � ¢r�� tica�¢ o f eco nti�tion f 8 Presented to isa �¢edCe � For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore seff- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Lisa Beedle, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Lisa for her commitment, dili�ence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. Ok �,pROYp C9 F rfco�ro��Teo� e� m TONY M. FERRARA, MAYOR * ���� ,�,,�„ * �qciROp�'�P � CITY OF . , • - ► . , �' � , ' CALIFORNIA - � 91 � ¢r�i ica�¢ o eco ni�tion f f 8 Presented to �jreanne �avis For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Breanne Davis, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Breanne for her commitment, ditigence and dedication over the past three years in completing the requirements to receive the WaHeLo Medallion. o� PpROYp Q9 � � INCOII►0lIATlD'Z v m TONY M. FERRARA, MAYOR * ���Y ,�, ,o„ # °qt iFOa��P � CITY OF . • • ' • . . � ' C- ALIFORNIA - � 9 1 � ¢r�� ica�¢ o f eco nti�ion � 8 . Presented to �oCC� �utra For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Holly Dutra, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hou�s of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Holly for her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. a� PpiiOYp O9 � Neo�roe�rao'_ � o u m TONY M. FERRARA� MAYOR * +��� +o,�o++ * °�t iFOa�'�P � CITY OF . • • ' • ► . �. � i I , i � � � ' CALIFORNIA - � 9 1 � er�if ica�¢ o eco ' ' f ni�ion 8 Presented to ,�Ceximon � For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Alex Limon, along with he� He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Alex for her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. o� �,aaovo 09 � �a�.o�„T.o'x "` o `u m TONY M. FERRARA, MAYOR . ��.. ,a.,.,, * c�cisoRN�� � CITY OF � � ` � ► . • � , . ! ; ' � ; � , j ' 'I � CALIFORNIA - � 9 1 � er�tif�ca�¢ of ¢co nti�tion 8 Presented to �r¢ann¢ �¢tt For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands fo� Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Breanne Jett, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to B�eanne fo� her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. �,pROYp ��MC011►OIIAil09'�f, � °m TONY M. FERRARA, MAYOR ,► +u�. ,o, ,,,, ,► °tt iFOeN`p � CITY OF �, . ► - ' • ` s � � � , , ' CALIFORNIA - � 9 1 � ¢r�i ica�¢ o ¢co nti�tion f � 8 Presented to ��ar8aret ��rtin For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Margaret Martin, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Margaret for her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. � PpROYp � ixeo�ro��r[o�2 v m TONY M. FERRARA, MAYOR + ,��. ,o, ,�„ ,. °,tiFOaN�P � CITY OF ► . - • � • ; � , , , � i � , ; ` � CALIFORNIA - � 911 ¢r��f ica�¢ of eco ni�ion 8 Presented to Ch.risti¢ ��rci¢r For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skilis and aptitudes, and community service. Christie Mercier, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Christie for her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. PPAOVo �NCOR�Ol11T{D��f, Iw � C7 T TONY M. FERRARA, MAYOR * ���•jo.�.>> . cqcrROaN`P � CITY OF . • � ` • ► • ,�` / � � � , I ' CALIFORNIA - � 911 er�if ica�e of ec nti�tion °8 Presented to �¢nna �V�aCton For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and Love. The nine Camp Fire Club members completed four reflections which helped them explo�e self- image and awareness, lifestyles and life goals, job skills and aptitudes, and community service. Jenna Walton, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Ar�oyo Grande. Congratulations to Jenna for her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. � PpROYp 9 � NCORPORl1Tl0'Z � TONY M. FERRARA, MAYOR * ,��.,a, ,.,, , CqCfRpRN�P � �ITY OF . • • � • ► . , i ' CALIFORNIA _ 7 9'� 1 er�ti�tica�¢ o f eco ni�tion 8 Presented to ,�manda �oss For achieving the highest honor in Camp Fire: the WoHeLo Medallion on March 30, 2003. The name WoHeLo stands for Work, Health, and �ove. The nine Camp Fire Club members completed four reflections which helped them explore self- image and awareness, lifestyles and life goals, job skilis and aptitudes, and community service. Amanda Voss, along with her He Wa Win Su Horizon Camp Fire Club, logged over 3,000 hours of community service that not only benefited the County of San Luis Obispo, but the City of Arroyo Grande. Congratulations to Amanda for her commitment, diligence and dedication over the past three years in completing the requirements to receive the WoHeLo Medallion. �,apovo �NC011►011�TlD992 h � V T TONY M. FERRARA, MAYOR * ,��r ,o.,„, * cqG/RORa�P �.b. � CITY OF ' . . • - ► . . , ' ' CALIFORNIA � � 91 � ��� '� �-Ionorary proclamatiori 'R,s�cogr=izing Z9pril 2003 as "l�ionth of th� G"hild" WHEREAS, SeWrday, ApNI 5, 2009 will commemorete the 25'" annual "Day ot the�Child" celebraUon . during ChiWren'a Day in the San Luis Obispo Mlssbn Plaza. A dey where children amf families interact � with the agencies and proprema providing servicea throughout the County;and WHEREA8, the week of the chfld is a tlme to recognize fhat chlldren's opportunitles are our responsibilides,�and to recommit ourselvea W eneuring each and every cAild experiences the type of early environment-at home,at child cere,at school end in fhe community-that will promote their eaHy IearNng;and � WHEREAS, in Sen Luis Obispo Counly,there are approzimately 8,270 Iicenaed child eare�spaeea,and there are approximately 24,500 chlMren under 19 years oT ege who have working parenta and need � . quality care;aod � . WHEREA8, quelity ehild care is no longer e iringe benefit, but a nacessity Tor working perents fo be � � � � producfive and happy employeea, end local employers need W be champions in supporting the marry . .. . .. challenges facing these working parenfs end familiea;and � . WHEREAS,the City oi Arroyo Grande recopnizes thet every moment In a child's Iife ia an opporWnity Tor �� - . that child W learn,and that the eariy years determine whether a chiW auccaeda in echaol and in IHe,and tl�at all chfWren need at least one ceNng and loving adult in Neir IWes;and that quality"out W achool" progrems are also essentlel for the older chlld;end WHEREA3,the acWltles of this monfh will provide an opporWNty W ack�owledge quellty youth and early � � care and educadon programs, thely dedicated sfetf,and to applaud their eBorts to improve the quallly, availability,end accessibllity of such proprems;and . W HEREA8,the San LWs Obiapo Counly Child Care Plenning Council,the Famlly Child Cere Aasxiation of � . San Luia Obiapo County,the Sen Lula Obispo Associetlon tor fhe EducaUon W Young Children,ihe County � � � � Commisaion on Children and Youth and EOC/Child Care Resouree ConnecUon work cooperaUvely fn � � coordinate the events and ectWiUes of the'DAY AND MONTH OF THE CHILD';and . . -� � W HEREA8,all citlzens are encoureged to develop Ne assets In ehildren and to do what they cen at work, at home,and witldn tlie community W asaure all children,youth,au�d families have!he oppoAunity and support to thrive and W help young people make posiUve cholces W avoid high rlak behavbrs. May we remember W Ilsten W a�M watch the chlldren around us and remember W have patlence and allow them to enJoy thejoumey of chiWhood. � � NOW,THEREFORE, BE R RESOLVED,Nat I, Tony M. Ferrera, Meyor of the City of Arroyo Grande, on behaM of the City Council,do hereby proclafm ApNI 2003 as"MONTN OF THE CHILD"which represenfs � "CHILDREN'S OPPORTUNITIE8-OUR RESPONSIBILRIE8",and ApNI 5, 2003 as'DAY OF THE CHILD', and encourege all ciUzens who use chlld care servlces to acknowledpe and show epprectatlon W their child care providere on Nis special day M recognitlon. PPROYp IN WITNESS WHEREOF,1 have hereunto set my hand and caused the Seal o`� �9 of the Ciry M Arroyo Grende to be affb�ed this 25'"day W Maroh,2003. F �pp�1�p Y2 0 u m ir �u�r m.W� # TONY M.FERRARA,MAYOR cq��FpPN�P � pRROYO 8■a■ ° �� � INCORPORATE 92 � o MEMORANDUM + .�. ,o. ,.,, * C4��FOR��P . ro: cirY couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES� BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR � SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period March 1 — March 15, 2003. FUNDING: There is a $464,459.83 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— March 7, 2003 Accounts Payable Check Register ATTACHMENT 3— March 7, 2003 Payroll Checks and Benefd Checks ATTACHMENT 4— March 14, 2003 Accounts Payable Check Register ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS � � ���m� »�m� �s � March 25,2003 Presented are the cash disbursements issued by the Department of Financial Services for the period March 1 to March 15, 2003. Shawn are cash disbursements by week of occurrence and type of payment. WfiEI4 TYPE OF PAYM�iI�T ATTA�HMBI�TT .+�AttUUNT Much 7,2003 Accounts Payable Cks 102039-102166 2 $61,535.30 Payroll Checks &Benefit Checks 3 307,120.56 368,655.86 Mazch 14,2003 Accounts Payable Clcs 102191-102280 4 95,803.97 Two Week Total $ 464,459.83 CITYOFARROYO GRANDE INDEX FOR BUDGEf DEPARTMENTS EDEN COMPVTER SYSTEM GENERAL FUND(0101 SPECIAL REVENUfi FUNDS City Goaernment(FunAO10) Pazk Development Fee Fund(Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fnnd(Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund(Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Conetruction Tax Fund(Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant(Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring(Fd 274) Pu6lic Safety(Fund O10) 4208 - Federal Local Law Enforcmt(FD 279) 4201 - Police Redevelopment Agency(Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building 6c Safety ENTERPRISE FUNDS Public Works(Fund 010) Sewer Fund(Fund 612) 4301 - Public Works-Admin&Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund(Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks&Recreation(Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Adatinieh�ation(Fund 641) 4421 - Recreation 4750 - Lopez Adminiatration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS(Fund 3501 4423 - Pre-School Program 5501-5599 - Park Projects 9424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Mo[ion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projec[s 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance o�p.�w�.r��co�u..r vchlist Voucher List aage: 1 03/07/2003 10:43:37AM City of Arroyo Grende Bankcode: boa Voucher Date Vendor Invofce PO# DeseriptloNAccount Amount 64 3/7/2003 002477 ABS DELIVERY SYSTEMS,INC 13103 EVIDENCE DELIVERY CHARGES 33.00 Total : 33.00 65 3/7/2003 000008 ADAMSON INDUSTRIES 61572 2ND CHANCE ULTIMA VEST-SM 872.76 61589 RIOT BATONS 461.18 Total : 7,333.94 66 3/7/2003 001600 ADLESON,HESS 8 KELLY 32979/990198 PROF.SVCS-INSURANCE COMPi 96.65 Total : 96.65 67 3/7/2003 001259 AGP VIDEO 1410 VIDEO PRODUCTION/TAPE 2,170.00 1417 CASTING-OVERTIME 480.00 Total : 2,650.00 68 3/7/2003 000016 ALLEN, JOHN 22703 MANAGEMENT COURSE-ALLEN 556.40 Total : 556.40 69 3d7/2003 001050 AMERICAN TEMPS 00033362 SCHMIDT SVCS TO 2/8 748.00 00033396 SCHMIDT SVCS TO 2/14 551.65 Total : 1,299.65 70 3/7/2003 003572 AMPOLSUK, CHAREONSRI 022803 167-A BRISCO 79.60 Total: 79.60 71 3/7/2003 002752 ANIXTER,INC 143-4P44925 MIS EQUIPMENT WALL RACK 266.02 Total : 266.02 72 3/7@003 002632 API WASTE SERVICES 31X00059 R/O BIN-DUMP/RETURN SVCS 250.00 y 32C00024 R!O BIN-DUMP/RETURN SVCS 250.00 H Total: 500.00 � � 73 3/7/2003 000035 APPLIED CONCEPTS,INC. 81337 STALKER DUAL COUNTING UNI 20.73 � Total : 20.73 y N 74 3l7/2003 001758 AUTO GLASS CENTRAL 9015 WINDSHIELD-31 270.14 Total : 270.14 Page: 1 vchlist Voucher List P89e� 2 03/07/2003 10:43:31AM City of Arroyo Grande Bankcode: boa Voucher Date Vendor Invoice PO# DescriptloNAccount Amount 75 3/7/2003 002055 BATTERY ZONE 8109 REPL.BATTERY STICK 114.77 Total : 114.77 76 3/7/2003 000069 BAUER COMPRESSORS,INC. 0000038594 EMERGENY AIR POUCH 98.97 38952 VALVE INSERTS 89.80 Total : 188.77 77 3/7/2003 003357 BEACH CITIES CAB CO,INC. 2/28 TAXI SERVICES 2/15-2/28 969.75 Total : 969.75 78 3/7/2003 002403 BENEVEDO, MICAH 30303 B/BALL LEAGUE SCORER-BENE� 30.00 Total: 30.00 79 3/7/2003 002119 BERNARD'S H.D. SPECIALTY CYCLE 21403 023 MOUNT 8 BALANCE TIRES 100.00 9594 TIRES-023 346.31 Total: 446.31 80 3/7/2003 002909 BLACK, DEBBIE 761 EAST GRAND AVENUE DESIGN 1,147.50 Total : 1,147.50 81 3/7/2003 001917 BOB'S EXPRESS WASH 17 CAR WASHES-JAN17 102.00 Total : 702.00 82 3/7/2003 000084 BOXX EXPRESS 1/31 UPS SHIPMENTSJAN 19.70 Total : 19J0 83 3/7/2003 002385 BREHM, CHESSIE 030403 B/BALL LEAGUE SCORER-BREH 22.50 Total : 22.50 84 3/7/2003 001223 BREHM, JOY 030403 B/BALL LEAGUE OFFICIAL-BRE 48.00 Total : 48.00 85 3l7/2003 000087 BREZDEN PEST CONTROL 94704 BEST CONTROL-CITY HALL 92.00 7otal : 82.00 86 3/7/2003 000090 BRISCO MILL 8 LUMBER 112579 MOULDING/SAFETY GLASSESN 60.67 113124 PAINT SUPPLIES 61.99 113222 PAINT TRAYS 6.33 Page: 2 vchlist Voucher List Page: 3 03107/2003 10:43:31AM City of Arroyo Grende Bankcode: boa Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 86 3/7/2003 000090 BRISCO MILL& LUMBER (Continued) Total: 728.99 87 3/7/2003 000094 BRUMIT DIESEL,INC 58538 BOLT 12.12 58805 LIGHT 9.50 Total : 27.62 88 3/7/2003 001577 BURDINE PRINTING 842 TYPESETTING-BUSINESS CARD 21.99 � 846 BUSINESS CARDS SETUP-FIBI 54.55 Total: 76.54 89 3/7/2003 000096 BURTON'S FIRE APPARATUS 8544 LEVEL BOX MARKS 121.20 Total : 721.20 90 3/7/2003 000134 CA.ST.DEPT.OF JUSTICE 415163 FINGERPRINT CHECKS 952.00 Tofal : 952.00 91 3/7/2003 003168 CELLULAR ONE 2/25-020623 CELLULAR PHONE-JAN-FEB 90.99 Total : 90.99 92 3/7/2003 003539 CEN-SAN,INC. 53793 TRASH BAGS 160.23 53802 BLDG.SUPPLIES 240.93 ' 53822 RESTROOM SUPPLIES 532.60 Total : 933J6 93 3/7/2003 002376 CENTRAL COAST BEARING 24599 BALL BEARING SNAP RING 178.50 Total : 178.50 94 3/7/2003 000152 CENTRAL COAST PRINTING 14068 PRINTING CITY NEWSLETTER 1,989.38 43 CR:PRINTING CITYWIDE NEWSL -134.48 Total : 7,854.90 95 3/7/2003 000157 CENTRAL VALLEY TOXICOLOGY 0075280-IN DRUG SCREEN 55.00 Total : 55.00 I 96 3/7/2003 001763 CJAA . MEMBERSHIP-CHIEF 2003 35.00 Total : 35.00 97 3/7/2003 000171 CLINICAL LAB.OF SAN BERNARDINO 732490 WATER SAMPLES 321.00 Page: 3 I vChlist VOUChE�Llst Page: 4 03I0712003 10:43:31AM City of Arroyo Grande i Bank code: boa Voucher Date Vendor Invoice PO# Descriptlon/Account Amount 97 3/7/2003 000171 CLINICAL LAB.OF SAN BERNARDINO (Continued) Total : 321.00 98 3/7/2003 000195 CRYSTAL SPRINGS WATER CO 1/31-14273 BOTTLED WATER 37.50 1/31-17922 BOTTLED WATER 59.50 1/31-18068 BOTTLED WATER 11.00 1/31-48519 BOTTLED WATER 16.50 Total : 124.50 99 3/7/2003 001914 CTE COMPUTER TRAINING CTR.INC 03-3038 WORD 2000 INTRO 200.00 Total : 200.00 100 3/7/2003 000196 CUESTA EQUIPMENT CO 264161 CAUTION TAPE 45.98 264187 BEARING/BOLTS/NUTS 147.01 264958 - BRASS TAGS70 RINGS 30.17 Total : 223.16 101 3/7/2003 000200 DFM ASSOCIATES 23946-IN 2003 CA ELECTION CODE 42.90 Toral : 42.90 102 3/7/2003 000217 DRIVERS LICENSE GUIDE CO. 392037 2003 ID CHECKING GUIDE 27.83 , Total : 27.83 103 3/7/2003 001499 EAGLE INDUSTRIES UNLIMITED,INC 157234 PATCH VEST 22,51 Total : 22.51 104 3/7/2003 001525 FERGUSON ENTERPRISES,INC 450257 VALVE BOX W/LIDS 733.50 Total : 733.50 105 3/7/2003 001803 FORD QUALITY FLEET CARE PRGM GSB300186-01 011 INSTL.UP-GRADE/REPL.DOC 102.35 Total : 102.35 106 3/7/2003 000262 FRANK'S LOCK&KEY INC 15945 REMOVE STRIKE PLATE/REINS 236.25 15949 REPR.BATHROOM DOOR/REPR 68.00 Tota1 : 304.25 107 3/7l2003 002605 FRENCH HOSPITAL MED.CTR. H005124697 RE-EMPLOY PHYSICAL-POPKIN 405.00 Total : 405.00 Page: 4 vchlist Voucher List Page: 5 03107/2003 70:43:31AM City ot Arroyo Grande Bgnkcode: boa Voucher Date Vendor Invoice PO# DescriptloNAccount Amount 108 3/7/2003 000267 GALL'S INC 562342390 BRASS NAME TAGS 37.99 Tofal : 37.99 109 3/7/2003 000269 GARDNER 8 ASSOCIATES 2610 3,000 JR.POLICE BADGES 240.59 Total : 240.59 110 3l7/2003 000499 GRAND AWARDS-PLAQUE SHAQUE 8224 NAME PLATES 23.60 8255 ENGRAVED PLATE 16.09 8319 PLAQUES-TWO HIGH SCHOOL 8 120.12 Total : 759.81 111 3/7/2003 000288 GROVER BEACH, CITY OF 030403 DOG OBEDIENCE-CITY OF GRO 189.70 Total : 189.70 112 3/7/2003 000291 HAAKER EQUIPMENT C28032 TOGGLE SWITCH 53.85 7ota1 : 53.85 113 3/7/2003 002405 HARE, CHUCK 30403 B/BALL LEAGUE OFFICIAL-HAR 32.00 Total : 32.00 114 3!7/2003 000866 HEINZE, JAMIE 030403 B/BALL LEAGUE SCORER-HEINZ 67.50 Total : 67.50 115 3/7/2003 000307 HICKS TURF EQUIPMENT, BOB 21063 BLADES-P 24 188.87 Total : 188.87 116 3/7/2003 000788 HUWALDT, JANET 30403 OFFICE SUPPLIES 120.47 Total : 120.47 117 3/7/2003 000325 IANNEO, JOSEPH 22703 REIMB.TUITION-IANNEO 320.00 Total : 320.00 118 3/7/2003 002965 IKEDA, SHELBY 030403 B/BALL LEAGUE SCORER-IKED 45.00 Total : 45.00 119 3/7/2003 002820 INDOFF,INC. 907233 OFFICE SUPPLIES 337.52 917441 OFFICE SUPPLIES 88.26 921336 OFFICE SUPPLIES 2.95 Page: 5 vchlist Voucher List Page: 6 03I07/2003 10:43:31AM City of Arroyo Grende Bankcode: boa Voucher Date Vendor Invoiee PO# DescdptioNAccount Amount 119 3/7/2003 002820 INDOFF,INQ (Continued) 928334 OFFICE SUPPLIES -2.35 93?245 OFFICE SUPPLIES 82.6g 942016 OFFICE SUPPLIES 169.70 Total : 678.76 120 3/7/2003 000330 INFO.TECHNOLOGY DEPT 3100 DP ON LINE TRANSACTION-JAN 209.92 3107 DAS SVCS TO 1-31 3,355.20 3108 DATA COMM SUPPORT-B.DAVIS 350.00 Totai : 3,915.12 121 3/7/2003 000339 INTERSTATE SALES 293 BATTERIES 73.40 Total : 73.40 122 3/7/2003 001982 INVENSYS METERING SYSTEMS ZZ30026392 SOFTWARE SYSTEM SUPPORT 1,072.50 Total : 1,072.50 123 3/7/2003 000342 IRA'S BIKE SHOP 20503 BICYCLES NECKS 42.90 Total : 42.90 124 3/7/2003 003571 ISA 22503 2003 ISA MEMBERSHIP-MCCLUR 135.00 Tofal : 135.00 125 3/7/2003 000345 J J'S FOOD COMPANY 135263 BBQ SUPPLIES 136.04 135347 BBQ SUPPLIES 135.31 Total : 277.35 126 3/7/2003 000350 JACK'S REPAIR SERVICE 15723 HONDA PUSH MOWER 964.58 Total : 964.58 127 3/7/2003 000413 JONES&MAYER, LAW OFFICES OF 21923 � PROF.SVCS 376.25 Total : 376.25 128 3!7/2003 000365 KEY, LINDA 020303 REIMB.SUPPLIES 35.96 Ta�� � 35.86 129 3/7/2003 003074 LEXISNEXIS MATTHEW BENDER 2/03-8390030 WEBSITE STORAGE FEE 495.00 Page: 6 - I vchlist Voucher List pa9e; � 03/07/2003 70:43:31AM City of Arroyo Grande iBankcode: boa Voucher Date Vendor Invoice PO# DescriptioNAecount Amount 129 3/7/2003 003074 LEXISNEXIS MATTHEW BENDER (Continued) Total : 495.00 130 3/7/2003 000386 LIMBERG EYE SURGERY 2/15-11474 PRESCRIPT-EYE GLASSES-FUL 140.00 i� Total : 740.00 131 3/7/2003 001136 LINTNER, DOUG 030403 B/BALL LEAGUE OFFICIAL-LIN 192.00 Total : 192.00 132 3/7/2003 001321 LONGS DRUG STORE 020203 PHOTO PROCESSING JAWFEB 149.71 Total : 149.71 j 133 3/7/2003 000393 LUCIA MAR UN.SCH.DIST. 030312 CUSTODIAL CHARGES-YOUTH E 847.17 4 30311 CUSTODIAL CHARGES-YOUTH E 847.17 Total : 1,694.34 134 3/7/2003 002216 MED STOP CLINICS 012703 PRE-EMPLOYMENT PHYSICAL- 150.00 T�� � 150.00 135 3/7/2003 000423 MID STATE CONCRETE PRODUCTS 4882 SEWER MANHOLE RINGS 26.94 4897 SEWER MANHOLE RINGS/FRA 530.67 Total: 557.61 136 3/7/2003 000419 MIDAS MUFFLER& BRAKE 0002893 BRAKE REPLACEMENT-PW34 974.63 0003238 LUBE/OIUFILTER/SAFETY INSPE 79.64 I 0003240 LUBE/OIUFILTER P57 5g,5q 0003288 LUBE/OIUFILTER-PW902 gq,73 Total : 1,208.54 137 3/7/2003 000429 MINER'S ACE HARDWARE 01606193 RAKE 32.14 01607666 NIPPLE 4.82 21195567 LUMBER 19.25 21195697 POLY FILM 189.80 21195895 POLY FILM 6327 21200248 PAINTING SUPPLIES 14.53 21200867 JIG BLADES/BATTERIES 44.33 21201284 TRAP STRAP/BUNGEE CORD 4.48 i 21201368 PUMP PARTS Zg.gg I Page: 7 vchlist Voucher List Page: 8 0310712003 70:43:31AM City of Arroyo Grende Bankcode: boa Voucher Date Vendor Invoice PO# DescriptioNAccount Amount 137 3/7/2003 000429 MINER'S ACE HARDWARE (Continued) 21201672 LIME&RUST CLEANER 5.57 21201886 PLUMBING SUPPLIES 4.18 21202600 PATCH SOIL 7.50 21203196 KITCHEN SUPPLIES/ALUM.POLI 19.26 ' 21204473 SCREWDRIVER 5.35 21205545 FASTNERS/TWINE/LEVEL LINE 5.49 21206003 PVC ELBOWS/PIPE HANGERS 12.04 21206122 VALVE REPR/GREASE 39.65 21206514 FASTENERS 19.37 I 21206565 BULBS 32.11 21210435 CHEST HANDLES/FASTENERS 14.76 21210614 LOPPERS 225.19 21211026 EXT.CORD/SPRAY PAINT 36.39 21211267 BALLAST 26.80 21212108 ELBOWS/NIPPLE/UNION JOINT 52.04 21213167 FLOATING LANTER 7.50 � Total : 912.44 138 3/7/2003 000438 MORTON PITT CO., F. 0059089-IN NAME PLATES/SERVICE BARS 74.93 Total : 74.93 � 139 3/7/2003 000441 MULLAHEY FORD 989056 DISTRIBUTER KIT 139.83 Total : 139.83 140 3/7/2003 000444 MUSTANG TREE CARE 1706 PRUNE CARROTT WOOD 375.00 Tofal : 375.00 141 3/7/2003 002927 NATIONAL RESOURCE SAFETY 55382 SHIPPING VIDEOS 19.40 562U4 SHIPPING VIDEOS Zq,7g Total : 44.18 142 3!7/2003 002174 NOSSAMAN,GUTHNER,KNOX& 152916 PROF:LEGAL SVCS 4,095.26 153078 PREF.LEGA�SVCS 1,200.00 Tofal : 5,295.26 Page: 8 vchlist Voucher List Page: 9 0310712003 10:43:31AM City of Arroyo Grande Bankcode: boa Voucher Date Vendor Invoice PO# DescriptioMAccount Amount 143 3/7/2003 000471 ONE HOUR PHOTO PLUS 4813 5 X 7 MOUNTED 26.81 Total : 26.87 144 3/7/2003 003108 PACIFIC BELL/WORLDCOM T1041370 PHONE 489-2174 28.97 T1048920 MIS DATA LINE 473-0379 12.10 T1048921 UDIST FAX 473-0386 42.51 T1048926 PHONE 473-2198 35.72 T1048930 PHONE 473-5100 764.05 T1048931 PHONE 473-5141 301.59 T1048942 PHONE 481-G944 126.81 Total: 1,311.75 145 3I7/2003 000481 PACIFIC GAS& ELECTRIC 2/21-0190979 ELECTRIC 51.15 Total : 51.15 146 3/7/2003 000496 PHOENIX FOODSERVICES 22703 OFFICER SAFETY 78.40 Total: 78.40 147 3/7/2003 003265 PLATINUM PLUS FOR BUSINESS 2/20-6263 CPCA CONFERENCE 1,359.47 2@0-6313 GASOLINE 20.00 2/20-6339 VCR TAPES/AIR FRESHNER 44.98 2/20-6347 CREDIT CARD CHARGES 539.80 2/20-6354 TRAVEL CHARGES 280.00 2/20-6388 DARE ROLE MODEL LUNCH 26.23 2/20�404 SUPPLIES-DIRECTORS AWARD 11.99 2/20-6472 DARE GRADUATION SPLYS 120.88 2/20-6420 GASOLINE 386.30 Total : 2,789.65 148 3/7/2003 000503 POOR RICHARD'S PRESS 25751 COLOR COPIES 172.07 Total : 172.07 149 3/7/2003 002363 PRIMARY CARE DOG&CAT 13072 K-9 OFFICE VISIT 50.60 Total : 50.60 150 3/7/2003 002792 PULITZER 132345 THANK YOU AD-BERRY 824.25 Page: 9 vchlist Voucher List Page: 10 03/07/2003 10:43:31AM City of Arroyo Grande Bankcode: boa Voueher Date Vendor Invoice PO# DescriptioNAccount Amount 150 3/7/2003 002792 PULITZER (Continued) 134962 LEGAL#134962 30.00 134968 LEGAL#134968 48.00 Totai : 902.25 151 3/7/2003 000520 QUINN COMPANY wo030009131 MOTOR WORK 2,392.89 Total : 2,392.89 152 3/7/2003 000526 RADIOSHACK 475814 PHOTO PK2 DL123(BATTERIES) 12.86 Total : 12.86 153 3/7/2003 002670 RICOH LEASING 03032323622 COPIER LEASE 141.25 i Total : 141.25 154 3/7/2003 000536 ROSE, GREG 30403 B/BALL LEAGUE OFFICIAL-ROS 80.00 Total : 80.00 155 3!7/2003 003465 ROSENTHAL, DOUGLAS W. 12403 MODULAR DESKS-CSO TRAIL 1,075.00 Toql: 1,075.00 156 3/7/2003 000539 SAFETY KLEEN CORP: 002742766 PARTS WASHER SERVICE 105.25 Total : 105.25 I 157 3/7/2003 000570 SAN LUIS POWERHOUSE 14433 REPAIR GENERATOR IGNITION i 270.81 Total : 270.81 158 3/7/2003 000575 SANTA MARIA TIRE INC. 109628 HALTEX METAL VALVE EXTENSI 89.45 Total : 89A5 159 3/7l2003 000587 SEBASTIAN OIL DISTRIB. CFN60168 DIESEL FUEL 293.76 CFN60550 GASOLINE 1/16 TO 1/31 1,262.67 CFN60985 GASOLINE 2/1 TO 2/15 1,240.58 Total : 2,787.01 160 3/7/2003 001727 SHERIFF'S ADVISORY COUNCIL 22603 LEGAL UPDATE FORUM 105.00 Toql : 105.00 161 3/7/2003 001762 SHIFFRAR, TOM 30403 B/BALL LEAGUE OFFICIAL-SHI 80.00 Page: 10 vchlist Voucher List Page: 11 03/07/2003 70:43:31AM City of Arroyo Grende Bank code: boa Voucher Date Vendor Invoice PO# DescriptloNAccount . Amount 161 3/7/2003 001762 SHIFFRAR, TOM (Continued) Total : 80.00 162 3/7/2003 000836 SNODGRASS, LYNDA . MILEAGE-CSMFO CONFERENC 249.44 Total : 249.44 163 3/7/2003 000603 SOUTHERN AUTO SUPPLY 148-29729 THROTTLE SPRING&WINDOW I 18.58 148-319172 H2 BULBS 47.73 148-322257 TIRE CLEANER (2 EACH) 9.63 320462 ALL FLEET MOTOR OIL 51.22 Total : 727.16 164 3/7/2003 000610 SRECO-FLEXIBLE,INC. 147744 CLEANING NOZZEL(1EACH) 128.27 Total : 728.27 165 3/7/2003 000612 STAPLES AU94605001 OFFICE SUPPLIES- � 460.69 Total : 460.69 166 3/7/2003 002926 STATE OFFICE OF EMERGENCY SVCS 22703 OFFICER SAFETY-HENDRICKS/ 575.00 Total : 575.00 167 3/7/2003 000613 STATEWIDE SAFETY&SIGNS 28134 U-CLAMPS - 287.43 Total : 287.43 168 3/7/2003 000616 STERLING COMMUNICATIONS 17373 REPAIRS ON VEHICLES 408.86 17374 024 REPAIR ROTARY SWITCH/SI 187.56 17423 REMOTE SPEAKER MICROPHO� 364.72 17424 SERVICE AGREEMENT-MARCH 974.00 Total: 1,935.14 169 3/7/2003 000619 STRADLING,YOCCA,CARLSON 190389-0000 PROFESSIONAL SERVICES 116.40 Total : 716.40 170 3/7/2003 000620 STREATOR PIPE&SUPPLY 345413 GAL NIPPLES FOR 1 1/2 BACK F 43.78 Total : 43.78 171 3/7/2003 000623 SUNSET NORTH CAR WASH . VEHICLE WASH AND CLEAN 245.65 Total : 245.65 Page: 11 L vchlist Voucher List Page: 12 03107I2003 10:43:31AM City of Arroyo Grende Bankcode: boa Voucher Date Vendor Invoice PO# DeacriptioNAccount Amount 172 3/7/2003 002994 T.K.I. 1129 MERCHANDISE AS AUTHORIZE 128.70 Tohal : 128.70 173 3/7/2003 002904 TEMPLETON UNIFORMS 6514 UNIFORMS FOR DAN LANGSTA 967.64 Total : 967.64 174 3/7/2003 000636 TERBORCH, RICK . CRIM. INTELLIGENCE 269.64 ToWi : 269.64 175 3/7/2003 002370 TITAN INDUSTRIAL 10214 BANDAGES-PARKS AND REC 135.63 10215 WORK GLOVES(1 DOZ), EYE W 85.71 Total: 221.34 176 3/7I2003 002988 TREAT, STEPHEN 30403 B/BALL LEAGUE OFFICIAL-TRE 96.00 Total : 96.00 177 3/7/2003 002468 TRIBUNE, THE 5782244 NOTICE OF SALE-G.O.BONDS 69.60 5787929 LEGAL#5787929 115.70 Toql : 785.30 178 3/7/2003 000653 TRULOCK, DOTTIE 30403 DOG OBEDIENCE-TRULOCK 1,165.60 Total : 1,165.60 179 3/7/2003 003548 UNITED RENTALS,NORTHWEST,INC. 31308510-001 RENTAL-LOG SPLITTER 63.53 Total : 63.53 180 3/7/2003 000660 USA BLUE BOOK 632390 HYDRANT DIFFUSERNALVE WR 173.61 Toql : 173.61 181 3/7/2003 003575 VAUGHN, ASHLEE 30403 B/BALL LEAGUE SCORER-VAUGI 45.00 Total: 45.00 182 3/7/2003 002137 VERIZON WIRELESS 1719678259 PD PATROL CAR CELL PHONES 439.37 1719686786 CELL PHONE-CM 112.23 1719809969 PD CELL PHONES-1/8 TO 2-7 641.25 1720417708 MOTOR CELL PHONES 2/17-3/16 73.97 Total : 1,266.82 Page: 12 vchlist Voucher List Page: 13 03/0712003 10:43:31AM City of Arroyo Gra�de Bankcode: boa Voueher Date Vendor Invoice PO# Deacription/Aecount Amount 183 3/7/2003 002000 VERIZON WIRELESS MESSAGING SVC L5252720DB MIS PAGER MONTHLY SVC 13.81 Total : 13.81 184 3/7/2003 003570 VILLAGE CREEK 411 22803 OVER PAYMENT-100 TRAFFIC V1� 185.92 Total : 185.92 185 3/7/2003 000687 WAYNE'S TIRE 730106 LUBE/OIL/FILTER/WIPERS-982 51.39 730160 LUBE/OIUFILTER/WIPERS-961 53.26 730256 LUBE/OIUFILTER/WIPERSlfIRE 345.78 730257 LUBE/OIUFILTER/WIPERS-024 51.39 730285 LUBE/OIUFILTER-011 23.61 730286 TIRES-032 140.61 730430 BATfERY-011 96.47 730436 TIRES-021 140.61 730536 FLAT TIRE P-56 14.00 730546 LUBE/OIUFILTER/TIRES-022 164.22 730565 LUBE/OIL/FILTER/WIPER-981 51.39 Total : 1,132.73 186 3/7/2003 000689 WEST GROUP PAYMENT CTR. 6013601821 03 JUVENILE LAWS 38.47 803611546 03 BUSINESS CODE/LAWS 104.05 Total : 142.52 187 3/7/2003 .000865 WHARTON, RON 30403 B/BALL LEAGUE SCORER-WHAR 45.00 Total: 45.00 188 3/7/2003 000891 WILLARD PAPER CO 14928 PAPER/NCR/ENVELOPES 469.01 iTotal : 469.01 , 189 3/7@003 000704 WITMER-TYSON IMPORTS T2992 TRAINING SUPPLIES 283.01 Total : 283.01 190 3/7/2003 003573 WOODY, DOROTHY 022503 445 PECAN ST 67.87 Total : 67.87 191 3/7/2003 000711 XEROXCORPORATION 182759417 TONER p�7.72 Page: 13 vchliat Voucher List Page: 14 03/07/2003 70:43:31AM City of Arroyo Grande Bankcode: boa Voucher Date Vendor Invoice PO# DescriptfoNAccount Amount 191 3/7/2003 000711 XEROX CORPORATION (Continued) Total : 217,72 728 Vouchers for bank code: boa Bank tofal : 61,535.30 138 Vouchers in this report Total vouchers: 61,535.30 Page: 14 ATTACILfEi7T 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 02174/03-02127/03 03/07/03 FUND 010 273,098.97 Salaries Full time 172,736.78 FUND 220 13,621.33 Salaries Part-Time-PPT 23,159.23 FUND 284 4,705.31 Salaries Part-Time-TPT 7,405.29 FUND 612 4,814.96 Salaries OverTime 13,004.89 FUND 640 10,879.99 Salaries Standby 375.75 307,120.56 Holiday Pay 988.30 Sick Pay 5,782.52 Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - Vacation Pay 5,532.92 Comp Pay 2,547.26 Annual Leave Pay 1,149.33 PERS Retirement 19,055.06 Social Security 16,888.43 PARS Retirement 268.49 State Disability Ins. 790.50 Deferred Compensation 725.00 Health tnsurance 30,333.19 Dentallnsurence 3,983.10 �sion Insurance 887.12 Life Insurance 632.40 Long Tertn Disability - Uniform Allowance - Car Allowance 400.00 Council Expense 375.00 Employee Assista�ce - Boot Allowance - Motor Pay 100.00 307,120.56 �, __ _-- — _ : apChkLst Final Check List pa9e� '� 03H2I2003 10:32:45AM City of Arroyo Grande Bank: boa BANK OF AMERICA Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check ToWI 102191 3/14/2003 000001 A1 VACUUM 8 JANITORIAL S 295321 2/12/2003 REPR.VACUUM CLEANER 83.53 83.53 102192 3/14/2003 001259 AGP VIDEO 1380 1/14/2003 VIDEO PRODUCTION/TAPE 1,550.00 1,550.00 102193 3/14/2003 000029 AMERICAN WATER WORKS AIND002 2/25/2003 ANNUAL MEMBERSHIP-SPA 131.00 131.00 102194 3/14/2003 003576 APOSTOLIC ASEMBLY CHUR 030503 3/5/2003 REF.PARK DEPOSIT-APOST 27.00 27.00 102195 3/14/2003 000042 ARROYO GRANDE FLOWER;131-107 1/31/2003 FLOWERS-AWARDS CEREM 169.04 169.04 102196 3/14/2003 002180 AVAYA,INC. 2715550934 2/10/2003 PHONE SERVICE AGREEME� 28.16 28.16 102197 3/14/2003 000059 BANKER, REV.ROBERT 022303 2/23/2003 POLICE CHAPLAIN'S CONF-B 237.80 237.80 102198 3/14/2003 000065 BARROW, BRENDA 031003 3/11/2003 REIMB.SUPPLIES/SNACKS-B 277.93 277.93 102199 3/14/2003 002403 BENEVEDO, MICAH 031003 3/10/2003 B/BALL LGE.SCORER-BENEV 22.50 22.50 102200 3/14/2003 003595 BIRD, NATALIE 031003 3/11/2003 1150 PACIFIC POINTE WAY 27.08 27.08 102201 3/14l2003 000078 BLUEPRINT EXPRESS 24284 1/7/2003 CR EEKSIDE,PHASE 111 PLA 159.53 159.53 102202 3/14l2003 001917 BOB'S EXPRESS WASH 12303 1/23/2003 CAR WASH 6.00 6.00 102203 3/14/2003 003596 BONFIELD, NEETA 030503 3/5/2003 REF.PARK DEP-BONFIELD 27.pp 27.00 102204 3/14/2003 000084 BOXX EXPRESS 533 1/8/2003 VIDEO SHIPPING 2p,pg 534 1/20/2003 VIDEO SHIPPING 20.08 5361 1/31/2003 VIDEO SHIPPING 20.08 535 1/24/2003 VIDEO SHIPPING 20.08 528 1!7/2003 GALLS SHIPPING CHARGES 7.11 529 1/31/2003 TEMPLETON UNIFORMS SH 5.88 93.31 102205 3/14/2003 002385 BREHM, CHESSIE 031003 3/10/2003 B/BALL LGE.SCORER-C.BREF 37.50 37.50 102206 3/14/2003 000090 BRISCO MILL& LUMBER 113269 2l25/2003 LAGS 1.80 1.80 102207 3/14/2003 000096 BURTON'S FIRE APPARATUS 8924 2/14/2003 ORUM 8 KEY 950.92 8809 2/7/2003 WASHER/DIAPHRAM 22.27 973.19 102208 3/14/2003 003589 CAD REPRO SPECIALIST 00020576 2/14/2003 SERVICE HP 350C PLOTTER 190.00 190.00 102209 3/14/2003 003580 COAST RADIOLOGY MED.AS M252336 2H2/2003 CHEST X-RAY Zg,pp M252337 2/13/2003 CHEST X-RAY 29.00 58.00 102210 3/14/2003 003579 COASTAL SAN LUIS RESOUR 030303 3/3/2003 SIGN-BEST EROSION CONTF 53.63 53.63 y 102211 3/14/2003 003594 COREA, DAN 31003 3/10/2003 REF.PARK DEP-COREA 27.00 27.00 � 102212 3/14/2003 000195 CRYSTAL SPRINGS WATER C1/31�8517 1/31/2003 BOTTLE WATER 33.00 33.00 � 102213 3/14/2003 000205 DAYSTAR INDUSTRIES 23049/45 3/11/2003 STREET SWEEPING 5,810.08 �i 23047/48 3/11l2003 STREET SWEEPING 689.01 6,499.09 y 102214 3/14/2003 000577 DE LOS SANTOS, LENNY 031103 3/11/2003 TENNIS CLASSES 246.40 246.40 � ' 102215 3114l2003 000208 DEWAR,INC., J.B. 801085 2/11/2003 OIL 73.51 73.51 � 102216 3/14/2003 003442 EASYLINK SERVICES CORP. 07294960302 1/31l2003 TRAK SYSTEM USAGEJAN 6.80 6.80 Page: 1 � ._ . I apChkLst Final Check List pa9e: 2 03H2/2003 10:32:45AM City of Arroyo Grande Bank: boa BANK OF AMERICA (Continued) Check# Date Vendor Invoice Inv Date Descriotlon Amount Paid Check Total 102217 3/14/2003 000230 ELLIOTT, NADINE 030503 3/5/2003 REIMB.MILEAGE-ELLIOTT 20.81 20.81 102218 3/14/2003 000234 ENTENMANN-ROVIN CO 414673 2/14/2003 DOME BADGES 153.26 15326 102219 3/14/2003 002565 EQUIPMENT MANAGEMENT C12307 2/14/2003 HOSE EXTENSION 3g7,gg ��gs 102220 3/14/2003 003592 FERNAMBURG, ROBERT 11003 1H8/2003 LABOR/MATERIALS-HR OFF 424.10 424.10 102221 3/14/2003 000818 FIRST AMERICAN TITLE CO. 814641 2/18/2003 PRELIMINARY TITLE REPORI 360.00 360.00 102222 3/14/2003 003590 FLOYD, SERENA 31003 3/10/2003 BBALL LGE.SCORER-FLOYD 37.50 37.50 102223 3/14/2003 000288 GROVER BEACH, CITY OF 031103 3/11/2003 DOG OBEDIENCE CLASS 17.20 17.20 102224 3/14/2003 003025 GSI SOILS,INC 8876 2/12/2003 SOIL TESTING FOR RODEO C 1,260.00 8877 Z/12/2003 SOIL TESTING-SPRUCE/CED 350.00 8875 2/12/2003 SOII TESTING-CREEKSIDE P 280.00 1,890.00 102225 3/14/2003 001237 HANSON AGGREGATES 825651 2/12/2003 COBBLE ROCK q94,36 82428 2/10/2003 ASPHALT 450.44 82564 2/12/2003 COBBLE ROCK 250.66 1,195.46 102226 3/14/2003 002405 HARE, CHUCK 031003 3/10/2003 B/BALL LGE.OFFICIAL-HARE 54.00 54.00 102227 3/14/2003 000301 HEACOCK WELDING NORTH 12434 2/13/2003 SIDE BOX PLASTIC TRAY P- 20.38 20.38 102228 3/14/2003 003581 HEILAND, NICK 30403 3!4/2003 HOP PERMIT REF-1163 OUTL 50.00 50.00 102229 3/14/2003 000866 HEINZE, JAMIE 31003 3/10/2003 B/BALL LGE.SCORER-HEINZ 15.00 15.00 102230 3/14/2003 000862 HERNANDEZ, DANIEL 304003 3/4/2003 MEETING-CA.PARK 8 REC S 160.00 160.00 102231 3/14/2003 003582 HODES, MARCI 030503 3/5/2003 REF.PARK DEP-HODES 27.00 27.00 102232 3/14/2003 001474 HOPKINS, ROBERT 030703 3/7/2003 LODGING/CONF.REGIS REI 254,44 p5q,qq 102233 3/14/2003 003583 HOWLAND, RACHEL 020603 2/6/2003 REF.CHILD IN MOTION-HOWI 122.50 122.50 102234 3/14/2003 002228 ICPC 022803 2/28/2003 POLICE CHAPLAIN'S CONFEF 185.00 185.00 102235 3/14/2003 002965 IKEDA, SHELBY 030403 3/4/2003 B/BALL LGE.SCORER-IKEDA. 22.50 22.50 102236 3/14/2003 002820 INDOFF,INC. 9337&4 2/6/2003 OFFICE SUPPLIES 60.67 934233 2/6/2003 OFFICE SUPPLIES 60.67 941519 2/14/2003 OFFICE SUPPLIES 13.89 013103 1/31/2003 OFFICE SUPPLIES -60.67 74.56 102237 3/14/2003 000330 INFO.TECHNOLOGY DEPT 3107 1/31/2003 DAS SERVICES 1-18 TO 1-31 3,355.20 3108 1/31/2003 DATA COMM SUPPORT-B.D 350.00 3,705.20 102238 3/14/2003 000354 JOBS AVAILABLE INC. 30503 3/5/2003 ANNUAL SUBSCRIPTtON-JO 29.95 29.95 102239 3/14/2003 003413 KAUTZ CHEVRON SERVICE 815783 12/11l2002 SMOG INSPECT-1991 FORD l 42.00 42.00 102240 3/14/2003 003584 KELLER, TIM 30703 3/7/2003 PAYMENT-222 SHORT STRE 62,22 gp.2Z 102241 3/14l2003 000365 KEY, LINDA 020303 2/3/2003 REIMB.SUPPLIES-KEY 58.52 58.52 102242 3/14/2003 002785 KLINE, VALERIE 031103 3/11/2003 PILATES CLASSES-KLINE 182.00 182.00 102243 3/14/2003 002093 LACOUAGUE, MARK 15519304 2/26/2003 SUPPLIES-SRT COMPUTER E 60.51 60.51 Page:2 apChkLst Final Check List Page: 3 03H2I2003 70:32:45AM City of Arroyo Grande Bank : boa BANK OF AMERICA (Continued) Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 102244 3/14/2003 000376 LAWSON PRODUCTS,INC. 0557014 2/5/2003 VARIOUS PARTS 494.92 494.92 102245 3/14/2003 001136 LINTNER, DOUG 031003 3/10/2003 B/BALL LGE.OFFICIAL-LINTN 36.00 36.00 102246 3/14/2003 003585 LLOYD, MARISA 30503 3/5/2003 REF.PARK DEP-LLOYD 27.00 27.00 102247 3/14/2003 000412 MATHE, DAVE 22403 2/24/2003 FUEL/MEALS-GRANT WRITI 62.00 62.00 102248 3/14/2003 000429 MINER'S ACE HARDWARE 01577554 1/31/2003 SOCKET/TOOL SET 85.80 21219330 3/7/2003 DOOR HINGEIWOOD 3g,gg 21215963 3/14/2003 KITCHEN SUPPLIES 33.01 01611369 3/5/2003 PAINT2INC PLATED SCREW 2772 21209713 2/23/2003 SCREWS/BUSHINGS/CONNE 21.96 01605233 2/27/2003 RAIN GAUGE/CLAMP 17.77 21211320 2/25/2003 BUILDING MATERIAL g,2p 21212770 2@7/2003 PAINT THINNER 4.27 237.72 102249 3/14/2003 000444 MUSTANG TREE CARE 2502 2/3/2003 TREE WORK-CREEKSIDE PH 450.00 450.00 102250 3M4/2003 001886 OFFICEMAX CREDIT PLAN 6325J016 1/16/2003 OFFICE SUPPLIES gg,5� 7071j021 1/21/2003 OFFICE SUPPLIES 41.81 6334J007 1/7/2003 OFFICE SUPPLIES 38.62 2884J028 1/28Y1003 OFFICE SUPPGES 2.67 179.61 102251 3/14/2003 003108 PACIFIC BELUWORLDCOM T1093410 2/1/2003 PHONE 021-2713 Zgg,gp 2gg g0 102252 3/14/2003 000481 PACIFIC GAS 8 ELECTRIC 1/1-1940974 2/21/2003 STREET LIGHTING 28,149.30 2/21-1940974 2/21/2003 STREETING LIGHTING 12,781.93 40,93123 102253 3/14/2003 003587 PADGETT, JEFF OR DENISE 031003 3H0/2003 450 BEECH ST 116.46 116.46 102254 3/14/2003 000497 PISMO BEACH, CITY OF 31003 3/10@003 CHANNEL COUNTIES MEET 350.00 350.00 102255 3/14/2003 000526 RADIOSHACK 475814 2/4/2003 BATTERIES �2,gg �286 102256 3/14/2003 000531 RICHETTI WATER CONDITIOP1600/16493 2H/2003 REVERSE OSMOSIS RENTA 30.46 30.46 102257 3/14/2003 001864 ROSE, GREG 031003 3/10R003 B/6ALL LGE.OFFICIAL-ROSE 54.00 54.00 102258 3/14/2003 000570 SAN LUIS POWERHOUSE 14558 2/24/2003 SEMI-ANNUAL INSPECTION- 112.50 112.50 I 102259 3/14/2003 000587 SEBASTIAN OIL DISTRIB. CFN60609 7J15/2003 DIESEL FUEL 175.38 175.38 102260 3/14/2003 001698 SHEELEY, DIANE 031003 3/10/2003 BALANCE DUE-ANNUAL CRA 18.00 18.00 102261 3/14/2003 001762 SHIFFRAR, TOM 031003 3/10/2003 B/BALL LGE.OFFICIAL-SHIFF 108.00 108.00 102262 3/14/2003 003591 SIMMER, RICHARD 031003 3/10/2003 B/BALL LGE.OFFICIAL-SIMME 54.00 54.00 102263 3/14/2003 001189 SLO CNTY FIRE DEPARTMEN 30103 3/1/2003 REGIS-RANDY STEFFAN 50.00 50.00 102264 3/14/2003 003593 SAAALLEY, MELISSA 031003 3/10/2003 REF.PARK DEPOSIT-SMALL 27.00 27.00 102265 3/14/2003 000603 SOUTHERN AUTO SUPPLY 148-322002 2/11/2003 LENS FOR E6696 15.78 148-321572 2/10/2003 DOME LENS 8.83 24.61 102266 3/14/2003 000619 STRADLING,YOCCA,CARLSO 190786-0000 7J11/2003 PROF.SVCS HUEBSCH 36.20 36.20 Page: 3 ' apChkLst Final Check List Page: 4 03H2/2003 10:32:45AM City of Arroyo Grande Bank : boa BANK OF AMERICA (Continued) Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 102267 3/14/2003 002988 TREAT, STEPHEN 031003 3/10/2003 B/BALL LGE.OFFICIAL-TREA 90.00 90.00 102268 3/14/2003 000650 TROESH READY MIX 67059 1/29/2003 CONCRETE 386.59 67296 2/4/2003 CONCRETE 343.91 730.50 102269 3/14/2003 000653 TRULOCK, DOTTIE 031103 3/11/2003 DOG OBEDIENCE CLASSES 105.60 105.60 102270 3l14/2003 000658 ULTRA-CHEM, INC 706411 2/11/2003 RESTROOM SUPPLIES 659.78 659.78 102271 3/14/2003 000671 UNITED GREEN MARK,INC. 3774539-00 2/5/2003 PIPE FOR SPRUCE/CEDAR P 5g,1g 3774491-00 2/4/2003 PIPE FOR SPRUCE/CEDAR P 20.12 79.31 102272 3/14/2003 003575 VAUGHN, ASHLEE 031003 3/10/2003 B/BALL LGE.SCORER-VAUGh 37.50 37.50 102273 3/14/2003 002137 VERIZON WIRELESS 1719639195 2/3/2003 CELL PHONE-PORTABLE 35.13 35.13 102274 3/14/2003 002000 VERIZON WIRELESS MESSACL5245715DB 2/15/2003 PAGERS BLDG/F�RE 36.44 36.44 102275 3/14/2003 000685 WALLACE&ASSOC., JOHN 11056 2/14/2003 GRAND AVE,PHASE 111 18,285.21 11048 2/14/2003 GENERAL CONSULTING SV 5,315.12 11051 2/14/2003 WATER CONSERVATION PR 963.00 1104900 2/14/2003 WATER 8 SEWER RATE ST gq2,g� 11052 2/14/2003 CREEKSIDE WALK,PHASE 1 492.96 11050 2/14/2003 FEMA FLOOD ELEVATION C 300.00 11053 2/14/2003 EL CAMPO/RT 101 PSR 120.00 11055 2/14/2003 CEDAR STREET SIDEWALKS 72.50 11054 2/14/2003 SPRUCE STREET SIDEWALK 60.00 26,451.70 102276 3/14/2003 000687 WAYNE'S TIRE 773677 2/24/2003 LUBE/OIUFITER/WIPERSffIR 345.78 779671 2/24/2003 TIRES-012 MTP-65 INTERST gg.gg 730621 2/21/2003 NEW TIRES-PW106 46.63 492.10 102277 3/14/2003 003588 WHITLOCK, RICHARD 030503 3/5/2003 REF.PARK DEP-WHITLOCK 27.00 27.00 102278 3/14/2003 002215 WILDFIRE 506737 2/24/2003 SUPPLY LINE 2�,gq Z� 64 102279 3/14/2003 000699 WILSON ELECTRIC COMPAN10301 2/18/2003 SIGNAL MAINT FOR JAN 1,338.75 1,338.75 102280 3/14l2003 000713 YOUNG, SHARON 022803 2/28/2003 PROF.SVCS 1,190.00 1,190.00 Sub total for BANK OF AMERICA: 95,803.97 Page: 4 apChkLst Ffnal Check List Page: 5 03/12I2003 10:32:45AM City of Anoyo Grande 90 checks in thfs report. Grend Total All Checks: 95,803.97 Page: 5 `_� � � pRROy� ���■ ° ��+ � WCONION�TE 9Z MEMORANDUM � o m � JULY 10, t911 * c4��FORN�P � . To: cirir couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE SUBJECT: CASH FLOW ANALYSIS/APPROVAL OF INTERFUND ADVANC FROM THE WATER FACILITY FUND DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the City Council: • Accept the February 2003 cash report, • Approve the interfund advance of$45,960 from the Water Facility Fund to cover cash deficits in other funds as of February 28, 2003. FUNDING: No outside funding is required. Attachment A— Cash Balance/Intertund Advance Report ATTACHMENT A CITY OF ARROYO GRANDE CASA BALANCE/INTERFUND ADVANCE REPORT At February 28, 2003 Balance at Recommended Revised Fund 02/28/03 Advances Balance 010 General Fund 2,600,390 2,600,390 210 Fire Protection Impact Fees 160,592 160,592 212 Police Protection Impact Fees 30,089 30,089 213 Pazk Developmen[ 482,699 482,699 214 Park Improvement 80,272 80,272 215 Recreation Community Center 6,535 6,535 217 I.andscape Maintenance 30,941 3Q941 220 Street(Gas Tax)Fund 96,901 96,901 221 Traffic Congestion Relief 58,355 58,355 222 Traffic Signalization 429,499 429,499 223 Traffic Circulation 482,693 482,693 224 Transportation Facility Impact 1,786,338 1,786,338 225 Transpor[ation 28,001 28,001 226 Water NeuUalization Impact 649,718 649,718 230 ConsWClion Tax 257,000 257,000 231 Drainage Facility 25,826 25,826 232 In-Lieu Affordable Housing 793,222 793,222 241 Lopez Facility Fund 1,026,031 1,026,031 250 CDBG Fund 1,470 1,470 271 State COPS Block Gran[Fund 53,483 53,483 272 Cali£Law EnE Technology Gran[ 42,240 42,240 279 00-01 Fed Local Law Enforcement Grant 66 66 284 Redevelopmen[Agency (45,960) 45,960 0 285 Redevelopment Set Aside 85,719 85,719 350 Capital Projects 633,393 633,393 612 Sewer Fund 69,042 69,042 634 Sewer Facility 177,711 177,711 640 Water Fund 2,963,757 2,963,757 641 I,opez 163,886 163,886 642 WaterFacility 1,177,030 (45,960) 1,131,070 751 Downtown Parking 50,304 50,304 760 Sanitation Dis[rict Fund 115,866 115,866 Total City Wide Cash 14,513,109 0 14,513,109 TEIE ABOVE LISTING ARE TI-IE CASH BALANCES SHOWN IN TE�GENERAL LEDGER OF Tf�CITY OF ARROYO GRANDE AS OF FEBRUARY 28, 2003 da K. Snodgrass irector of Financ�al Services i � I 8.c. I MINUTES I REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, MARCH 11, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair 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. RDA: Board Members Runels, Lubin, Costello, Vice Chair Dickens, and Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, and Director of Community Development Strong. 3. FLAG SALUTE Members of Camp Fire, Wi-Be-Fu-Lo-Fri-Gi led the Flag Salute. 4. INVOCATION Pastor Ron Milier, Bethel Baptist Church, Grover Beach, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation Recognizing Absolutely Incredible Kid Day: Mayor Ferrara presented a proclamation recognizing Thursday, March 20, 2003 as Absolutely Incredible Kid Day. Members of Camp Fire, Wi-Be-Fu-Lo-Fri-Gi accepted the proclamation. 5.b. Proclamation Recognizing March as American Red Cross Month. Mayor Ferrara presented a proclamation recognizing the month of March, 2003 as American Red Cross Month. Mr. Ken Hayes and members of the American Red Cross accepted the proclamation. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Dickens moved, Council Member Costello 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. CITY COUNCILIREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 2 7. CITIZENS' INPUT, COMMENTS. AND Si1GGESTIONS The following members of the public addressed the Council: Connie Dunbar, Arroyo Grande, regarding issues of nuclear waste. Jerry Bunin, representing Homebuilders Association of the Central Coast, inviting the Council to attend "A Celebration of Community Housing", a breakfast tour to showcase well designed, moderately priced housing in San Luis Obispo County, on Saturday, May 31, 2003. Leslie Halls, representing Affordable Housing Trust Fund, encouraged the Council to attend the community housing tour on May 31, 20Q3. 8. CONSENT AGENDA Council Member Lubin requested item 8.g. be pulled. Council/Board Member Runels moved, and Mayor Pro TemNice Chair Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.g., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period February 16, 2003 through February 28, 2003. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of February 28, 2003. 8.c. Cost Allocation Plan Update. Action: Adopted the Fiscal Year 2003-04 Cost Allocation Plan. 8.d. Annual Review of City Investment Policy. Action: Approved without changes the City of Arroyo Grande Investment Policy. 8.e. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency Meeting of February 11, 2003 and Regular City Council Meeting of February 25, 2003 as submitted. 8.f. Consideration of Progress Payment No. 2 for the Scenic Creekside Walk, Phase III Project— PW 2002-02. Action: Authorized Progress Payment No. 2 in the amount of $39,688.65 to Maino Construction Company, Inc. 8.h. Consideration of Progress Payment No. 2 (Final), Notice of Completion, and Release of Retention for the Rodeo Drive Traffic Calming Project, PW 2002-07. Action: 1) Authorized Progress Payment No. 2 (Final) in the amount of $23,933.52 to Papich Construction Company, Inc.; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention of $4,875.89, 35 days after the Notice of Completion has been recorded, if no liens have been filed. CITY COUNCILIREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 3 8.i. Consideration of Progress Payment No. 2 for the Spruce and Cedar Street Sidewalks Project, PW 2002-05. Action: Authorized Progress Payment No. 2 in the amaunt of $62,188.88 to Maino Construction Company, Inc.. 8.j. Consideration of Authorization to Solicit Bids for the East Grand Avenue, Phase III Streetscape and Street Improvement Project, PW 2003-02. Action: 1) Approved the construction plans and specifications and authorize the Public Works Department to solicit public construction bids for the Grand Avenue, Phase III Streetscape and Street Improvement Project; 2) Found that the project is categorically exempt from CEQA pursuant to Section 15301(c); and 3) Directed Administrative Services to file a Notice of Exemption. 8.k. Consideration of Extension of Disposition and Development Agreement with Courtland-Arroyo Grande, L.P. [COUNCIL/RDA] Action: 1) Adopted Resolution No. 3663 consenting to the approval by the Arroyo Grande Redevelopment Agency of extension of certain provisions of a Disposition and DevelopmenUAffordable Housing Agreement between the Arroyo Grande Redevelopment Agency and Courtland-Arroyo Grande, L.P. and 2) Adopt Resolution No. RDA 03-01 extending certain provisions of a Disposition and DevelopmenUAffordable Housing Agreement between the Agency and Courtland-Arroyo Grande, L.P. On the foilowing roll-call vote, to wit: Council AYES: Runels, Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. RDA AYES: Runels, Dickens, Lubin, 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.g. due to real property ownership near the project. 8.g. Consideration of Progress Payment No. 7 for the Rancho Grande Park Project, PW 2002-03. Recommended Action: Authorize Progress Payment No. 7 in the amount of $120,541.63 to Herrera Engineering, Inc. � CITY COUNCILIREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 4 Council Member Runels moved, and Council Member Costello seconded the motion to approve Item 8.g., with the recommended course of action, and on the following roll-call vote, to wit: AYES: Runels, Costello, Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Participation in Statewide Community Infrastructure Program (SCIP). City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving membership in the California Statewide Communities Development Authority (CSCDA); and 2) Adopt a Resolution authorizing the CSCDA to accept applications from property owners, conduct assessment proceedings and levy assessments against the property of participating owners for non-residential projects. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Council Member Costello stated he could support the program for non-residential projects and also supported the Council approving the program for projects on a case- by-case basis. Council Members Lubin and Runels expressed concerns about supporting the financing of development fees and did not support the program. Mayor Pro Tem Dickens stated he was originally against the program as it applied to residential developments. He supported the use of the program for commercial projects. He suggested that prior to any application coming before the Council and to have a consistent application of the program, that a clear outline be provided regarding the benefits of a project to the City and Redevelopment Agency and what the developer's needs are that require entering into the program. Mayor Ferrara did not support using the program for residential projects and agreed that projects will have to show specific benefits to the City. He commented that if a project is in the redevelopment area, it would result in tax increment to the City. He stated that this tool might be used rarely; however, approving the program would allow the City to apply the program to future projects, if necessary or desirable. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 5 Council Member Costello moved to adopt a Resolution approving, authorizing and directing execution of an amended and restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority and to direct staff to establish evaluation criteria before any applications are submitted for approval. Mayor Pro Tem Dickens seconded the motion, and on the following roll- call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. Council Member Costello moved to adopt a Resolution joining the Statewide Community Infrastrueture Program and authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct speciai assessment proceedings and levy assessments within the territory of the City of Arroyo Grande and authorizing related actions, including the direction to staff to establish evaluation criteria before any applications are submitted for approval. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Lot Line Adjustment 02-005; Lots 1 and 37 of Tract 2265 (Canyon Way); Stephan Huack. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving Lot Line Adjustment 02-005. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Mayor Pro Tem Dickens moved to adopt a Resolution instructing the Director of Administrative Services to file a Notice of Exemption and approving Lot Line Adjustment 02-005; Lots 1 and 37 of Tract 2265; applied for by Stephen Huack. Council Member Runels seconded the motion, and on the following rbll-call vote, to wit: AYES: Dickens, Runels, Lubin, Costello, Ferrara NOES: None ABSENT: None I�� � CITY COUNCIL/REDEVELOPMENTAGENCY MINUTES MARCH 11, 2003 PAGE 6 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.c. Consideration of Planned Sign Program 03-002 to Instali a McDonalds Logo Sign on the Walmart Buiiding in the Five Cities Center, 1168 West Branch Street . Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving Planning Sign Program Case No. 03-002. Mayor Ferrara opened the Public Hearing. Patti Welsh, Arroyo Grande, inquired whether there would be an impact to parking. Community Development Director Strong replied na Rov Ramirez, Superior Electrical Advertising, supported staff's recommendation to approve. Upon hearing no further comments, Mayor Ferrara closed the Public Hearing. Council Member Lubin moved to adopt a Resolution approving Planned Sign Program Case No. 03-002 for McDonalds, applied for by Superior Electrical Advertising, located at 1168 West Branch Street. Mayor Pro Tem Dickens seconded the motion, 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. 9.d. Continued Public Hearing: Consideration of Development Code Amendment 01-003 — Revision of the Design Guidelines for Historic Districts. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution repealing a portion of the 1994 "Design Guidelines for Historic Districts" and adopting the 2003 "Design Guidelines and Standards for Historic Districts" as applied to the Village districts in Design Overlay District 2.4; and 2) Introduce Ordinance amending Section 16.08.010 of Title 16 of the Arroyo Grande Municipal Code incorporating the 2003 "Design Guidelines and Standards for Historic Districts" and amending the zoning map for Design Overlay District 2.4 to expand its boundaries. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 7 Mayor Pro Tem Dickens expressed concerns that the map had been modified from the Alternative 3 Overlay Map presented to the Council at the previous Regular Council Meeting and asked for clarification. Community Development Director Strong provided clarification regarding modifications to the map. Mayor Ferrara opened the Public Hearing. Chuck Fellows, Arroyo Grande, Chairman of Preserve the Village (PTV), opposed the extension of the Village Mixed Use area designation for parcels fronting Nelson Street and S. Mason Street opposite Nelson Green. He stated the area should remain as Residential as designated in the 2001 General Plan. He urged the Council to modify the proposed Resolution leaving the designation of the parcels on Nelson and S. Mason as called for in the 2001 General Plan. John Keen, Arroyo Grande, commented that the Nelson Green property is zoned for public facilities, and not zoned as a park. He stated it makes sense that the properties across the street would be zoned Mixed Use. Upon hearing no further comments, Mayor Ferrara closed the Public Hearing. Council and staff discussion ensued regarding the Design Overlay District 2.4 Map and concerns were expressed regarding whether or not adequate public notice had been sent to affected property owners. Community Development Director Strong provided clarification regarding the map, and the process for approving the General Plan Amendment, Zoning Map Amendment, and District Overlay Map to make them all consistent. He suggested several alternatives, which included: 1) continue the public hearing and mail out notices with the modified map to all affected property owners; or 2) adopt the resolution with the map exhibit presented at the previous meeting (Alternative 3) and present a modified map for Council consideration at a later date. Council Member Costello supported the Design Guidelines and Standards for Historic Districts as presented with the Alternative 3 Overlay Map as originally proposed. Council Member Runels referred to the Alternative 3 Overlay Map with respect to a portion of undeveloped property near Myrtle Street and stated he did not support the proposed zoning designation. He stated he had no other problems with the map presented tonight with regard to the proposed Mixed Use zoning or with the proposed Design Guidelines and Standards for Historic Districts. Council Member Lubin stated he was not in favor of either map. In terms of the Village Design Guidelines, he expressed appreciation of the work done by staff and the advisory bodies, the Chamber, VIA, and PTV, and acknowledged there was some softening of the guidelines and standards; however, he felt there was a small group trying to place its imprint on the Village and he could not support the document. , , {� CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 8 Mayor Pro Tem Dickens complimented and commended staff for taking all the input and creating a more user-friendly document. He expressed concerns with the Overlay Map and some of the changes that were made. He said he understood the intent of the proposed action; however, he wanted to ensure that legally sufficient notice of the proposed map was sent to the appropriate property owners. He suggested going back to the Alternative 3 Overlay Map as proposed at the last Council meeting, deleting the two properties on Myrtle Street from within the overlay boundaries, and approving it with the Design Guidelines and Standards for Historic Districts. He stated he also did not mind continuing the item in order to conduct one final public review. In response to a question by Mayor Ferrara, Director Strong clarified what was included in the public notices, which did not include the map. Mayor Ferrara supported the Design Guidelines and Standards for Historic Districts as written and inquired whether Council could approve the document on its own. Mayor Pro Tem Dickens moved to adopt a Resolution repealing a portion of the 1994 Design Guidelines for Historic Districts and adopting the 2003 Design Guidelines and Historic Districts as applied to the Village Districts, and further direct staff to send a mailer to the affected property owners in regard to a public hearing in April depicting the amended Alternative 3 Overlay Map. Following clarification of the motion and further discussion, staff requested a brief recess in order to discuss the issue before providing a recommendation to Council. Mayor Ferrara called a recess at 8:50 p.m. The meeting reconvened at 9:10 p.m. City Manager Adams acknowledged the concerns expressed and recommended . continuing the item to April in order to su�ciently address all issues raised by the Council, including noticing requirements. Council Member Lubin moved to continue the public hearing to the next meeting. Council Member Runels seconded the motion. Mayor Ferrara asked if this would allow sufficient time for staff. Director Strong requested that the item be continued to the second meeting in April so that all items can be integrated and considered at one time. Council Member Lubin amended his motion to continue the public hearing to the second meeting in April. Council Member Runels seconded the motion, and on the following roll-call vote, to wit AYES: Lubin, Runels, Costello, Dickens, Ferrara NOES: None ABSENT: None �,, _____r. ; CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 9 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY COUNCIL MEMBER ITEMS• None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Runels thanked everyone for the concern and support expressed for his daughter during her recent iliness and hospitalization. 15. STAFF COMMUNICATIONS City Manager Adams reported that the current taxi operator for the senior subsidized taxi program would be terminating his contract. He stated the SCAT Board would be researching options for a new operator. 16. COMMUNITY COMMENTS AND SUGGESTIONS iN None. '�: 17. ADJOURNMENT �'; Mayor Ferrara adjourned the meeting at 9:18 p.m. a ' €? Tony M. Ferrara, Mayor/Chair ; � ' ATTEST: � , i ' Kelly Wetmore, Director of Administrative Services/ ! ' Deputy City Clerk/Agency Secretary 8.d. � pRR0�0 ° ��a � INCORPORATE 92 V T � JUIr 10. tY11 * c4��FORN�P MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES , , �J SUBJECT: REJECTION OF CLAIMS AGAINST CITY DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the City Council reject the attached Claims for Damages against the City filed by Denise Barry, 555 Ramona Drive, San Luis Obispo; and Margaret Weiser/State Farm Insurance, c/o Michael Malott, San Luis Obispo. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the above-referenced claims and recommend they be rejected. Attachments: 1. D. Barry Claim 2. M. Weiser Claim 3. Rejection Letters � �' l��•u'I l�"'�'�• , Attachment1 C11y of Arroyo Grande ���(�L��I(,5 �C�f, CLAIM FOR DAMA(3ES TO PERSON OR PROPERTY �6��o"I'fC. W�S '�/ R�G�EtYE� File wi`Cn:l ����, � RESSRVE FOR FILING 3TAMP���TY �F nSK�Y�� L�i i�Fs� 214YEast BtanchFStreet Claim No. � �� 02 DEC 27 PI� 3� 5 ! Arroyo Grande, CA 93420 � � INSTRUCTIONS . 1. Claims for death, injury to person or peraonal property must be liled not later than eix.months aftar the occurrence. (GOV. Code Sec. 911.2) 2. Claims for damaqes to real property must be Piled not later thnn 1 yenr aPter the occurrence. (GOV. Code Sec. 911.2) � . 3. Read entire clnim lorm before filinq. a. Sae paqe 2 tor diagram upon which to locate place ot acaident. 5. Thie claim lorm must be siqned on Paqe a at bottom. 6. Attach separate sheeta, it necessary, to give full details. SIGN EACH SNEET. TO: (Name oP City) Date of Birth oP Cleimant �g I'Z� '�D ��, f n � � Name of Clai nt Occupetion of Cla men � IJ ' s�.. l3 rr T-�c�.� �✓isH 1.�r,c���� Home Addresa oP Cleimant City/State Home Telephone�Number 555 Rurnur� � �'KS P� 5.�. ,Cu q�os � ) 4l� 'SB�G Business Addresa oP Claimant City/State Businaes Telephone Number Give address and telephone number to Claimant�s Social which you desire .notices or communica- Security Numbar tions Eo be eent regarding thie claim: � . �aw� � u�ttc.r c�� - �l'-1—'-k O5�- When d d DAHAGE or INJURY occur? .Names oi� any. City:smployees Date t�"L Time S ;JJ Q.m involved in INJURY or DAMAGS If cla m s for Equltable . Indemnity, give date claimant � served with that complaint: � Date: Where did DAHAGB or INJURY occur7 Deecribe lully, and locate on diagram on reverse side oP this eheet. Where appropriate, give atreet namea end � ��/ �J addrese and measurements from landmarks: . � U,{�, -}�_ ph�S C�W� S�' WG�S"Y�e�J� .�U��lla'�'�� .,�,� C�n .� �.�- �� �`4 �U�,1� cw�r� -'�,'�"^i'F\e.,,�CC��r^'w'`�'.� ��1--c � � a.0 a,,,.,c� i,.•�o�. �ht�.� ...k..�xl • �- �'p �' �. . .. .,a. ►��d -a- da,��-c� . Describe in detail how the DAMAGB or INJURY occurred. � p�� �� ,� �4�,,a.. ' ,�;� �.s�b-C�.. d�.�- ��'" tru..+Y�.kc�cx �� .��`�-e-� � G� �" � 1� �_Q Why do you claim the City is responsible? , � m;�_n� „ �.�. �,.. . ... -n_ __. ��,��Ci� .�'�(.vJ �f� �..dR/ti-C �.Vv� _ �� . Gv+-� 11'� ,�,� �,uc1,�� ..oc�.c�z� c� . �"� `�0��- � ' ..oa.--� �+-�,. �1�1—a. .�.�� .,o�cA-Q c� -l-►�o cu�, ..�� v.�S-' Sc"�'�-` De ribe in'detail each IN Y or DAMAGE . SEE PAGE 2 (OVER) TfiIS CLAZM HUST BS SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this claim, is computed as follows: Damaqe incurred to date (exact): Estimated prospective damaqes es far as known: Damage to property. . . . . .$ Future expensea for medical Expensea for medical nnd hoapital care.. . . .S and hospital care. . . .. . .$ Future loae of Loss oP earninge. . . . . . . .$ earnings.. . .. . .. . . .. . .$ Special damages for Other prospective speoial . .$ damaqes. . . . .. . . . . . . . . .5 1 ' General damages. . . . . . . .�.$ Paospective general � ��5��(�.�.i' . Total damagea� incurred damages. .. . .. .... . . . . .$ G��r �,, � to date. . . . . . . . . . . . . . .$ � Total estimnte proepectiv � aa,�eyae... . . . ..$ � ta�1.8 8 ��vtnu� � Total amount claimed as�of date of presentation of this claim.. ... .. .$�2�•g� ���1 � was damage and/or injury i�estigated by police7 ✓�> ��,^k �` If so, what city: «�)��1 � Were paramedics or ambulance called7 r'» If so, name City or ambulance � if injured, state date, time, name and address of doctor of your liret visit WITNESSBS to DAMAGE or INJURY: List all p@rap�e nnd eddr�e�e�s �y�trsone � known to have information: �-��"(�v"''x0 ��G"��Qo'F'�`� ' Name 12n�.d� R-c31�i�s�r+ Address �'��15P#StiS1' . �•s' Phone C6�T'h� �-4�'�" S'-�blo Name AdBress _ � Phone Name Address � Fhone DOCTORS and HOSPITALS: � � Hospital Address Phona Doctor Address Phone Doctor Address Phone � RSAD CAREFULLY For all accident claims plece on followinq diagrem names oP streeta, including North, Eest, south, and West; indiaate plaae ot docidAnt by "X" and by showinq house numbers or dietancea to etraet a3rnAre. If City Vehicle was involved, designate by letter "A" location oP City Vehiole when you� first saw it, and by "8" location of yourselP or your vehicle when you � Pirst saw City vehicle; location of City Vehicle at time ot acoidant by "A- 1" and location of youreelf or your vehicle at Ehe time of the eccident by "B-1" and the point of impact by "X." � NoTE: If diaqrams below do not fit the situation, attach hereto a proper dieqram signed by claimant. � �3�y /� S.E1�-n ssC 1 �� SIDEw K CVOB �.� WIIO � .u13'$ � PARKWnY � . � S�OEwnIN 7 � � � � Signature of Claimant or person Typed Name: �n�g� �vr� Date: �'L`7,p1�2.- filing on behalf giving Yelationship to Claimant: NOTE: CLAIHS MUST BE FILED WITH CITY CLERK (GOV. Code Sec. 915a�) . Presentation of a false claim is a felony (Pen. Code Sec. 72)- i P4��l�1eD ;IjY �F Af�`��Yfl �'"`�"'E Next Report Due: April 16, 2003 03 MAR I 8 Pti 2� 40 STATUS REPORT#2 March 6, 2003 City of Arroyo Grande P.O. Box 550 Arroyo Crrande, CA 93420 Attention: Steven Adams, City Administrator RE: My Principal : City of Anoyo Grande DOI : 12/16/02 Claimant : Denise Barry My File No. : A10913-S Deaz Mr. Adams: PREVIEW: The claimant alleges a fallen branch from a City tree damaged her vehicle. REPLY REOUEST GOVERNMENT CODE REOUIItEMENTS Action B�Public Entity: I recommend that the City forward a standard rejection letter to the following claimant: Denise Barry 555 Ramona Dr. #85B San Luis Obispo CA 93405 Please send a copy of this letter to me to document this file. Statute Of Limitations: The statute of limitations will expire six months from the rejection CARL WARREN & CO. An Employee-Owned Company CLAIMS MANAGEMENT•CLAIMS ADJUSTERS P.O�. Box 1052 • San Luis Obispo, CA 93406-7052 Phone: (805) 544-7963 • Fax: (805)544-1068 � City of Arrayo Grande Steven Adams March 6, 2003 Pa�e Two(A10913-5� CTfY REPORT The City provided responses indicating that tree in question was healthy and routinely maintained. On the date of this incident,the area experienced heavy rain and winds. LIABILITY The City of Anoyo Crrande is not responsible for this loss. The City properly maintained the tree in question. It appears the rain and wind was responsible for the fallen branch. The claim should be rejected. CLAIM STAT[7S: 1 im Status Reserves LPD-Barry, Denise Open $870.00 Loss $500.00 Expense COMMENT: I am placing my file on diary for April 16, 2003 awaiting receipt of the requested copy of the rejection letter. Very huly yours, Cazl Warcen& Company Keitfl wanson LPCS CCLA , , ! � Attachment 2 CQ0.�m �m �u���� � 8�17� City o} Arroyo Grande -�-p �„(�ke Ma.loff S-la-+z- CLAIM FOR DAMA6ES �� �� P,EG�WF��,,,a� PERSON OR PROPERTY GITY CF t,;�,;,0 � !) , ;.nit�� F�le wi�QCT 29 AM Ii'• 3� RESERVE FOR FILI_ .NCs STAMP ��5 syqa-��� ' CITY CL 3 OFFICE !� C181m No. 3L/._�_-, ��� �',.,a �AAio�, _ 214 Bast Branch Street ( p� 8o1c5S�� w�'^���Q; Arroyo Grande, CA 93420 q34a1 . � �� � INSTRUCTIONS � 1. Cleims for death, injury to person or pereonal property muet be filed i��-7ti UY not later than aix months after the occurrenca. (GOV. Code Sec, 911.2) 2. Claims Por damaqea to real property must be Piled not later than 1 year aftar the occurrence. .(GOV. Code Sec. 911.2) 3. RenB entire clalm Porm before filing. a. See page 2 tor diagram upon which to locate place o! aaaident. 5. This claim torm muat be siqned on Pege 2 at bottom. 6. Attach eepaYate eheets, if necessary, to give full details. 3IGN EACH SHEET. TOS {Name o City) Date of Birth � p,� O ����G � � . of claimant �p /� / �y 3 j � � fI/�•pn� Name o! Claimant OccupnLion oP Claimant M 1��6A-fLC i �AIC-rSL-Jt. �c_ n ru=✓� Home Address oF Claimant City/State Nome Telephone Nunbar Pn,3ax 4� 3 p�s�ar���� cA-.4� �or rr� z2s� Business Addresa of Claimant Ci y/State Business Telephone Nu�°r ��� s-rrr� �4n.r, =�s c,.�n-�� 5�t - ssi�F- lrD.l�'s,�c :n�,c � �o. 9oX S�s�O $A-n/Gc�iL dyi !'�¢.y3v-o3 �S ( ��Z' Give address and telephone number to Cleimant�a Social ���" whi e@ ire notices or communica- Security Number J . t �� ���bn�e a� t regarding this claim: � � . ScCnr iW� � � � � �{ N�i i"o.n/�' When d D Gfi or INJURY oaour7 .Names of any� City�employeee � DateS 23 Z°OZ'fime 1633 involved in INJURY or D71MaGB IP claim is for Bquitable Z��C, � �'_ SPiC7'l. t_.��G Indemnity, give dnte claimant 2 Z 3 Sr���G�J O� served with that complaint: � ��yG� 6i,�w� c�. �3�a� � Datef Where did DAMAGS or INJURY occur? Describe lully, and locate on diaqram on reverse side of this aheet. Where appropriete, give etreet names and address and measurements lrom landmnrke: �.G�� A-�� M�n �,ci. h'/�,�c� S�. �n� C',:�j or A�.�ra G��� �' S�=c �c�ns� Doc.�c�-l�c�o/�-i• 0 � Describe in detail how the DAMAGB or INJURY occurred. � � (�c!2 i NS N 2c%> � M/�-R 6A�'LC�i ' l.li�iSE✓c- C.�/95 5� i i" ,'fi-�yt- C,q-rl- � %7{i- i�i`tNLSC�o.J OF- (,v. �CN � E� _ fd'�1''�Oc- /f-��. i�f� j�t'-f/`�C r.r�/}y C'aN G� i t� i N /�'L� D,r�i�cw �/o•�2 Cc,�in.�u N, Scrcv�. �, co�r��i^� un.•iF-o�.M� wftS 0.2c�-7�G" r /�A-�i=.c `� D.�rc: 1'y�5 �GJS� /N/� /�'r✓ ONCt�f�^�G C/�-�'L %/���-=u,�NV oN '=�fsT 6P.-/�w0 fh� , Why do you claim the C ty is re�onsl e , ... �OCl2 C�'��PLO j'c-C ti� UN/YO/Ln'l �i.Cc=cf"r'� O �t2 /i"'SK/G�, �OrLr✓�,%t� �J,�c-�z-� ,C.�iz� �-�r� ,t-5�f-a�A�^' �tiCoM��v 6 �'s4/L C'.�S�N6 O�rii�4�,� � rl�' /{-�'�- � �'� �r- ;�t�v ��-t- �� �c� .9-r-�� AC--�I�SQ✓�/�K- /� j7� J K'c � Dhr�C"� ST7h'�G C-� � .W�Gc 6 / Describe in detail each INJURY or DAMAGB O�,v'!'r� %O Mu f. GU��Sc✓f '.� r'o4�c- TO i�4�C.C c� ��"Z�f/fl. /S" �/��� i� w/Gc c=v�l c/iy'� wd� �._� Z�s,vE. ,�-h d' sFY�/L.c-t.��� W� P� Av�e-.rv /�—, �, �r P�5�,. -rN ��,�a,-�, Nr 2 . c�-yi.tt W� �'G�jitfiN6 /�U/l/c.� /^'✓`'>/�.��USi j'� uw�wu..�.ti�. SEfi PAGE 2 (OVER) THIS CLAIH HUST BE SIGNED ON REVSRSB SIDE �� The amount claimed, as of t.^e date of presentation of this claim,� is computed as followa: � � � Damage incurted to date (exact): Bstimated prospective damages y as far as known: Damage to property. . . . . .$ ly�� Future expenses for medical Expenses far medical and hospital care.. . ..$ u rK'"'�"� and hoepital care. . . . . . .$ Future loss of Loss of earnings. . . . . . . .$ earninqs. . ... . . . . . . . ..$ Specisl damAqes for Other prospective speoial . . . . . . . . . . . . . . . . . . .$ damages. . . . . . . . . . .$ • • . . . . . . . ceneral damages. . . . . . . . .$ . � Prospective general Total damaqes incurred � � damaqes. .. . . .. ... .. . . .$ to date.. . . . . . . . .. . . . .$ Total estimate prospective damages... ... .. .... .5 Total amount claimed as of date of ,_ o55�f3« ��"�'�� presentation of this claim.. . .... .5 Z`�ly �,��^,��� y/ �ccc,�v._5�. � 'S Was damage and/or �injury,iqvgs`trigat6ad �y po}�ce? �- If so, what City: �'i'Y' �L (3 !L D Were paremedics or ambulanca called7 �" � If so, name city or ambulance If lnjured, state date, time, name and address oP doctor of your first visit �'v WITNESSES to DAMAGE or INJURY: List all pereone and addresses of pereone known to have infor�a�i`n Z2 i c o r �' �h� 7 o CJ xame z nc ar-✓+-.+�15P Aaaress s'� l� y Phone Sm S— �F 3 �� Name � Addresg � Phone Name Addtess � Phone� � DOCTORS and HOSPITALS: � Nospital Address Phone Doctor Address Phone Doctor Addreas Phone � READ CARSFULLY For all accident claime place on Pollowing diaqrmm �ames oP streete, including North, East, South, and Weati indicate plaae o! accifl&nt by "X" and by showing houae numbers or distancea to atreet cornArs. IP CiYy � Vehicle was involved, desiqnate by letter "A" location oP City Vehicle when you first eaw it, and by "B" location of yourselt or your vehicle vhan you � first saa city vehicle; location of City vehicle et time ot acoident by "A- 1" and location of yourself or your vehicle at the time of the eacident by "B-1" and the point of impact by "X." NOTE: If diagrame below do not fit the situation� attach hereto a pYOper 8lagram signed by claimant. - � 510EwnLN CVOB cuno rnwcwnv S�OEwnLN �C.�S� SE.� f�"T/f-�lfz-� � QOUCc /�6ti% �'fi'/,l,�., 1�.�✓l�t�/ Siqnature of claimant or person Typed Neme: Date: �p 2�G U Z . filing on behalf giving M1G/fi¢FL L. ����� /Lt.��el tio sh to Claimant: � C�� S� ��'�M �S. 1���� ti Pa. F�o,� B��o � �, ��� 3 ��rs�6�i� - S,y�jZ= �Y7��av1 zr S u/.-�Ari+e� S;¢,v Cuc< 0��l � �• NOTE: CLAIM3 MUST BE FILED WITFI CITY CLERK (GOV. Code 3ec. 915a). '��. Presentation of a false claim is a felony (Pen. Code Sec. 72). P,EC�IVE7 � €ITY Cf ARriO'�'Fi G;'nfd't Next Report Due: May 8, 2003 03 MAR I 2 At910� 21 STATUS REPORT#2 March I1, 2003 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Steven Adams, City Administrator RE: My Principal : City of Arroyo Grande � DOI . 5/23/02 Claimant : Margaret Weiser/State Farm Insurance My File No. . A10863-S Dear Mr. Adams: PREVIEW: The claimant`s insurance carrier alleges that a City employee caused the accident that damaged their insured's vehicle. REPLY REOUEST GOVERNMENT CODE REOUIREMENTS Action by Public Entitv: I recommend that the City forward a standard rejection letter to the following claimant: State Farm Insurance Michael Malott 715 Tank Farm Rd. San Luis Obispo CA 93403 Please forward a copy of this rejection letter to this office for our file. Statute Of Limitations: The statute of limitations will expire six months from the rejection. CARL WARREN & CO. An Employee-Owned Company CLAIMS MANAGEMENT•CLAIMS ADJUSTERS � P.O. Box 1052 • San Luis Obispo, CA 93406-1052 j:!. Phone: (805)544-7963 • Fax: (805)544-1068 — - . __ .. .. _.. .�'!. City of Arroyo Grande Steven Adams March 11, 2003 Pase Two(A10863-S� CITY REPORT The City of Arroyo Grande Police Department investigated the accident. They determined that the claimant, Margaret Weiser was at fault for the accident. Recorded statements were taken of Zachary Spierling and Margaret Weiser. Mr. Spierling claims the claimant driver was in a hurry. She reportedly honked at the vehicle in front of her. There was stopped traffic on westbound Grande Ave for a signal light. He motioned to her to her pass in front of him. She decided to go and darted out into the intersection. She was struck on her driver side by a westbound vehicle traveling in the number one lane. The claimant alleges Mr. Spieling directed her to enter the intersection. She claims to have complied with his direction. She claims that she was not in ahurry. She claims that she could not see past Mr. Spierling's vehicle before she entered the intersection. LIABILITY The City of Arroyo Grande is not responsible for this loss. The claimant has a duty to enter an intersection safely. The claimant voiced her dismay with the police department and the report findings. The claimant was clearly in violation of Vehicle Code 21802(a) wherein, after stopping at stop sigq "the driver sha(1 then yield the right-of-way to any velvcles...until he or she can proceed with reasonable safet}�'. The claim should be rejected. CLAIM STA'I'[7S: Claim Status Reserves LPD- Weised State Farm Open $2420.00 Loss $1000.00 Expense ; �. ;; , __. - ___fi . � ; City of Arroyo Grande Steven Adams March 11, 2003 • Page Three(A10863-5� COMMENT: I am placing my file on diary for May 8, 2003 awaiting receipt of requested copy of the rejection letter. Very truly yours, Carl Watten& Company ei Swanson, LPCS, CCLA _ Attachment 3 �� � P.O.B�SS� . �'����G�� ��€��,�� 214 Ea�t BrueM Street Arroyo Graede,CA 93421 Phone:(�473�5414 ADMINISTRATIVE SERVICES FAX:(80�473.93tf E-MaOcagelt�arro�randearg March 26, 2003 Denise Barry 555 Ramona Drive, #85B San Luis Obispo CA 93405 REJECTION OF CLA1M PRESENTED WITHIN SIX MONTHS `'Notice is hereby given:tMatthe claim you presented to the City Council of the City r i�of Arroyo Grande:on:December:2Z, 2002 was rejected on:March 25, 2003. ` WARNING Subject to certain exceptions, you have only,six (6) months from,the date this notice was personally delivered or deposited in the United States mail to file a Court Action in a Municipel or a Superior Court of the State of California on this claim (See Government Code Section`945.6). You'may seek the advice of an attorney of your choice in connectiorr with this matter. lf you desire,to consuit an attorney, you should do so immediately; ; Kelly Wetmore ' - ' Director of Administrative Services c: City Manager , City Attorney birector of Public Works Ca�l Warren & Co. . , . . . . . . . 4 9 - - . � - . . . � � � � . . � E'� - � � . . - . � . � �� .. � - . . . .,.3 � � � . . . � . . . . � �..,; �� � I P.O.Box 550 (_I����G�,n. ���,�� 214 Ead BrueA Street '�'�" Arro�o Gra�de,CAl34Z1 Phowet(3�473�5�14 ADMIN7S1'RATIVE SERVICES FAXe(8�47303tf . : E-Mall:aatit�uro�rande,org March 26, 2003 State Farm Insurance Michael Malott 715 Tank Farm Rd. San_Luis Obispo CA 93403 Re:Claim No, 345-M. WeisedState Farm insurance RE3ECTION OF CLAIM PRESENTED�WITHIN SIX MONTHS Notice is hereby given that the claim you presented to the City Councif of the City of Arroyo Grande on 0ctober29, 2002 was rejected on March 25,2003.' WARNING Subject, to ,certain exceptions; you have only six (6) months from the date this notice was personaily delivered or deposited in the United States mail to file a Court Action in a Municipal or a Superio� Cou�t of 4he State of California on this claim (See Government Code Section 945.6). You may seek the advice of an attomey of your choice in connection with this matter. .If you desire to consult an attomey, you should do so immediately. : Kelly:Wetmore Director of Administrative Services c: City Manager _ City Attorney , Chief of Police Carl Warren & Co. � I , y k .. . . . � . . � . . . . . . . . . . � �':��. S.e. pRR0�0 O� G',p F N/CORFORA7E Yt V T � +u�• �a +o�+ r MEMORANDUM � c4��F ORN�P TO: CITY COUNCIL FROM: TIMOTHY J. CARMEL�/ CITY ATTORNEY SUBJECT: COMSIDERATION OF APPROVAL OF SETTLEMENT AGREEMENT; SAN LUIS OBISPO COUNTY SUPERIOR COURT CASE NOS. CV 000748 AND CV 020774 DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the City Council approve and authorize the Mayor to sign the attached Settlement Agreement between Gary Clawson and the City of Arroyo Grande, et al. FUNDING: Approval of the Agreement will eliminate legal fees incurred by City in prosecuting and defending these related court actions. DISCUSSION: The attached Settlement Agreement will resolve two related cases involving real property located at 234 Walnut Street (the "Property"), Arroyo Grande. Clawson v. City of Arroyo Grande, et al. alleges that the City violated the civil rights of the Property's owner, Gary Clawson, in pursuing certain code enforcement proceedings. People of the State of California v. Clawson seeks abatement of various code violations at the Property. Underthe terms of the Settlement Agreement, Mr. Clawson agrees to build a new residence at the Property that complies with all applicable codes. Additionally, certain old vehicles and structures will be removed from the Property and the Property will be kept free from solid waste accumulation.The City is required to closely monitor progress of the above activities. Since the Settlement will resolve the pending civil rights action and require Mr. Clawson's compliance with the law, it is recommended that the City Council approve and authorize execution of the Settlement Agreement. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the Settlement Agreement; - Do not approve the Settlement Agreement; - Provide direction to staff. Attachment SETTLEMENT AGREEMENT This Settlement Agreement ("AgreemenY') is entered into by and between Gary Clawson ("Clawson")on the one hand,and the City of Arroyo Grande and David Crockett on the other hand. The City of Arroyo Grande and David Crockett shall collectively be referred to as"Cit}�'except in those instances where the text is intended to relate to the City of tlrroyo Grande solely,in which case either the"the Cit}�'or"City of Arroyo Grande"shall be used. Recitals 1. Clawson owns a parcel of real property located at 234 Walnut Street,Arroyo Grande, Califomia(hereinafter referenced as"the Property"). Clawson currently lives on the Property in a shuchue that was built pursuant to a permit issued for construction of a "Type J" building.'" Clawson acknowledges that the building does not meet applicable codes for a residenrial unit. 2. The aforementioned structure is currently the subject of a dispute between Clawson and City that has been ongoing for over three(3)years. The City has been seeldng compliance from Clawson with regard to various aspects of his property for a period in excess of five (5) years, and the parties intend by this Agreement to obtain compliance with applicable codes, laws,rules and regularions as to the Property. 3. On or about September 1,2000, Clawson filed a lawsuit entitled Clawson v. City ofArroyo Grande, San Luis Obispo County Superior Court Case No. CV 000748, alleging that City had violated Clawson's civil rights in pursuing certain code enforcement proceedings. The City of Anoyo Grande has since caused a code enforcement lawsuit to be filed against Clawson enritled People of the State of California v. Clawson, San Luis Obispo County Superior Court Case No. CV 020774, in which it is requested that various code violations at the Property be abated. Any reference herein to "the Lawsuits"shall be deemed to be referring to these two legal actions. 4. The parties hereto desire by this Agreement to provide for a resolution of the disputes between them and a dismissal of the Lawsuits,in accordance with the terms set forth below. THEREFORE,the parties hereto agree as follows: 1. Ef�'ective Date. Unless otherwise indicated, all time periods specified in this Agreement shall begin to run from the date this Agreement is last signed by one ofthe parties hereto. The order of execution of this document shall be that Clawson will sign the Agreement before the Agreement is presented to the City Council for the City of Arroyo Grande for its approval of the settlement and authorization to enter into this Agreement,and that Crockett shall sign the Agreement *"I'ype J"buildings aze chazacterized as private gazages,carports,sheds and agricultural buildings. 1 f, -- - �� thereafter. 2. Continued Habitation and Use of the Propertv. The parties intend by this Agreement to allow Clawson to continue to occupy his existing dwelling while he pursues construcrion of a new residence on the Property in accordance with the terms of this Agreement, and only so long as he fulfills the terms of this Agreement. In the event the parties agree that Clawson has breached any aspect of this agreement,or in the event the court so finds upon a motion brought pursuant to Code of Civil Procedure section 664.6 or tluough any other appropriate procedure raising the issue, it is understood and agreed that Clawson will vacate his current dwelling unit,and shall no longer occupy it as a residence. Clawson may conrinue to live on the remaining portions of the Property if the parties agree, or if the court finds, that he may do so by legal means. Regardless of whether he fulfills the terms of this Agreement, Clawson agrees that he shall not permit,even temporarily,his current dwelling unit to be used by anyone else as a residence or dwelling. The parties also intend to permit Clawson to use the existing dwelling unit on the Property as an office for his construction contracting business,so long as he obtains a Home Occupation Permit for that purpose,obtains the appropriate building permit for and pursues construction of a new residence on the Property in accordance with the terms of this Agreement, and otherwise performs in accordance with this Agreement. The parties agree that Clawson's existing dwelling unit does not meet current codes as a residential or commercial structure and thus its use as such must be discontinued. However,the City of Arroyo Grande is agreeable to allowing Clawson to use such structure as a residence for himself and as an office for his construction contracting business, while he fulfills the terms of this Agreement only. As stated above, Clawson shall immediately discontinue such uses after construction of his new residence or in the event of his failure to comply with the terms of this Agreement. The City of Arroyo Grande also agrees that Clawson may continue parking his backhoe on the Property. Clawson agrees at all times to refrain from accumulating solid waste on the Property, to refrain from violating applicable laws, codes and regulations, and to refrain from permitting any other person to live on the Property except within a suitable living structure that complies with all applicable laws,codes and regulations.Addirionally,Clawson must re&sin from conducring his construction contracting business on the Property except that his ciurent dwelling unit may be used as an office(i.e.,for normal office,clerical functions as opposed to construction storage and other construction acrivities)as indicated above,and such use must be consistent with a Home Occupation Permit that Clawson will apply for and which is expected to be issued concurrently with final execution of this Agreement. 3. Exterior Inspection of the Propertv. Within eight weeks from the date of this Agreement, on a mutually agreeable date, the City of Arroyo Grande's Chief Building Inspector, Lazry Schmidt("Schmidt"),will inspect the portions of the Property outside of the structures for the purpose of determining whether any new code violations have occurred on the exterior portions of the Property since May 1999. Clawson will be present for the entirety of the inspection,unless he elects otherwise. Within ten days after the inspecrion, the City of Airoyo Grande will provide Clawson with a list of any code violations on the exterior portions of the Property that the City of Arroyo Grande contends came into existence after May 20, 1999. The list wili not include any conditions that existed on May 20, 1999, when City issued its letter to Clawson approving his cleanup of the exterior portions of the Property. Clawson will have ten days to review the list and to advise the City of Arroyo Grande of any objections he has to the list. Clawson and Schmidt shall 2 �. � make a good faith attempt to resolve any dispute they may have as to any purported "new" code violations on the exterior portions of the Property. In the event that the parties cannot come to an agreement,the parties shall invoke the resolution procedure set forth in paragraph 10 below. Once it is determined,by agreement,lack ofobjecrion,or pursuant to the resolution procedures ofpazagraph 10,what violations exist,Clawson shall have ninety(90)days to correct same and sha11 submit to an inspection by Schmidt within fourteen(14)days thereafter. At that time,if Schmidt determines that any condition has not been adequately corrected,he will norify Clawson of such in writing. Clawson will have ten days to review the list and advise the City of Airoyo Grande of any obj ections he has to the list. The parties shall make a good faith attempt to resolve any disputes they have as to such conditions. In the event that the parties cannot come to an agreement, City may seek court enforcement of this Agreement consistent with Code of Civil Procedure section 664.6 and/or pursuant to any other proper procedure. 4. Vehicles on the Propertv. a. During the inspection described in paragaph 3,Schmidt shall also inspect each of the vehicles that aze located on the Property, and will determine if they are operable as Clawson will attempt to start and operate each one. Schmidt will document each vehicle that is present and whether or not each is operable. Within ten(10)days after the inspec6on,the City of Arroyo Grande will provide Clawson with a list of any vehicles that the City of Arroyo Grande contends must be removed. Clawson will have ten (10) days to review the list and to advise the City of Aaoyo Grande of any objecdons he has to the list. The parties shall make a good faith attempt to resolve any disputes they have as to the vehicles on the Property. In the event that the parties cannot come to an agreement, the parties shall invoke the resolution procedure set forth in paragraph 10 below. Once it is determined,by agreement, lack of objection,or pursuant to the resolution procedures of paragraph 10,what vehicles are to be removed,Clawson shall have ninety(90)days either to do so or to make such vehicles operable, and shall submit to an inspecrion by Schmidt on a mutually agreeable date, within fourteen (14) days thereafter. If Schmidt determines that any inoperable vehicle has not been removed or made operable, as required, he will notify Clawson of such in writing. Clawson will have ten (10) days to review such writing and advise the City of Arroyo Grande of any objections he has to it. The parties shall make a good faith attempt to resolve any disputes as to such. In the event that the parties cannot come to an agreement, City may pursue enforcement of this Agreement consistent with Code of Civil Procedure section 664.6 or pursuant to any other proper procedure. �I b. There currently exist certain recreational vehicles and commercial trailers on the property. Glawson agrees that he shall not permit any person to live in any of the recreational vehicles and no utilities are permitted to service the recreational vehicles unless strict compliance with applicable codes, ordinances, laws, rules and regulations occurs as to such units. As to the commercial trailers, Clawson agrees that within two (2) years of the Effective Date of this Agreement he will remove them&om the property and,if he chooses to replace them,he will replace them with storage sheds that comply with then applicable ordinances, laws, rules, codes and € regulations. � � 3 � r sy 5. Annlication for Building Permit. Within one(1)yeaz&om the Effective Date ofthis Agreement,Clawson shall submit an application for a building permit,including plans,for a single- family residence to be built on the Property, in conformance with then current codes, laws, ordinances and regulations. The application shall be processed according to the City of Arroyo Grande's normal procedures, fees and deadlines, except that the City of Arroyo Grande will waive the plan check fee. Within 45 days aRer Clawson submits his building pemrit application and plans, the City of Arroyo Grande shall advise Clawson of any deficiencies in his applicarion papers and/or plans. Clawson shall have 45 days from receipf ofnotice of any such deficiencies,or 50 days from the date of mailing such notice to him,whichever is earlier,to correct all such deficiencies,to obtain his building permit and to pay the normal and customary fees and chazges assessed upon issuance of such a permit. 6. Completion ofNew House. Clawson shall complete construction of a new house in accordance with the terms of this Agreement within three(3)years after the Effective Date of this Agreement. The City of Arroyo Grande shall monitor and require progress of the construction according to the City of Arroyo Grande's normal procedures in that regard. In the event that Clawson fails to complete a new house in compliance with the terms of this paragraph and this Agreement, he shall discontinue using his current dwelling unit as a residence and shall also discontinue using such unit as an office for his business. In the event Clawson fails to discontinue such uses,City may apply to the court for enforcement of this Agreement pursuant to Code of Civil Procedure section 664.6, including the issuance of an order, decree, injuncrion and/or judgment precluding Clawson from such uses. City does not hereby waive the right to pursue any other proper course of action or procedure in the event of Clawson's breach of the terms of this pazagaph or any other term of this Agreement. Completion of the new house shall be deemed to have occwred when a Certificate of Occupancy has been issued by the City of Arroyo Grande for that structure. 7. Occupation of Current Living Structure Durinp,Construction. As noted in paragraph 2, above, Clawson may continue to reside in his current dwelling unit tluoughout the planning and building of a new house on the Property in accordance with the terms of tius Agreement,and only so long as he diligently pursues construction of a new residence on the Property in accordance with the terms of this Agreement and otherwise fulfills the terms of this Agreement during such time(i.e., during the planning and building of a new residence). In the event Clawson breaches this Agreement, it is again hereby specifically understood and agreed that he shall vacate his current dwelling unit and shall no longer occupy or use it as a residence or as an ofl'ice. Upon completion of the new house,the current dwelling unit will be used solely as a Type J structure. Clawson's interim occupation of his existing dwelling unit shall be deemed to be in accordance with a Temporary Use Permit which shall be effective until completion of the new house in accordance with the temrns of this Agreement and issuance of a Certificate of Occupancy,at which point the Temporary Use Permit shall be deemed revoked. In the event the parties agree,or the court finds due to a motion brought pursuant to Code of Civil Procedure secdon 664.6 or any other appropriate procedure that raises the issue,that Clawson has not pursued construction of a new house in accordance with the terms ofthis Agreement,his Temporary CJse Permit shall be deemed to have expired automarically and shall not be eligible for renewal or extension. Upon such expirarion of the aforementioned Temporary Use Permit, pursuant to the terms of this paragraph, Clawson shall discontinue living in his existing 4 S i9 dwelling unit and shall no longer use it as a residence or as an office. In the event Clawson fails to discontinue his use of his current dwelling unit as a residence and/or as an office in accordance with the terms of this Agreement,City may apply to the court for enforcement of this Agreement pursuant to Code of Civil Procedure section 664.6,which enforcement may include the issuance of an order, decree,inj uncrion and/or judgxnent precluding Clawson from such uses. City does not hereby waive the right to pursue any other proper course of action or procedure in the event of Clawson's breach of any of the terms of this pazagaph or any other term of this Agreement. 8. Enforcement Proceedines. In the event Clawson fails to comply with any of the terms of this Agreement, City may elect to enforce such terms in accordance with the terms of this Agreement and pursuant to any procedure specifically declared herein to be applicable to any such breach,or,if no specific procedure is specified with regard to a particulaz breach,City may enforce this Agreement by filing a motion pursuant to Code of Civil Procedure secrion 664.6,or by any other legally appropriate action or procedure.The parties agree that pursuit of any particular form of relief shall not be deemed to be a waiver or forfeituie of any other form of action or procedure. Upon the fulfillment of all of the terms of this Agreement, the City of Arroyo Grande agrees to cause the current code enforcement lawsuit to be dismissed,without prejudice,and on the understanding and agreement by Clawson that in so doing, and except as indicated in paragaph 3 herein (regarding condirions existing as of May 201999),no waiver of any right to enforce any code,law,ordinance or regulation has occurred. Clawson wishes to limit inspections that the City may conduct at his property;City is not willing to agcee to any such limitation since it has a legal duty to enforce the law within its jurisdiction. City is willing to agree that while Clawson owns the Property its inspecrions shall only be conducted pursuant to this agreement or upon the receipt of a complaint. Addirionally, it should be cleaz that by dismissal of the City's code enforcement action, it is not a waiver by the City of any right to enforce any of the terms of this Agreement, or any of its responsibilities to enforce applicable codes, ordinances, and laws. 9. Unavailabilitv of Schmidt. Should Schmidt not be available to conduct the various inspections on behalf of the City of Arroyo Grande as set forth above,the parties shall make a good faith effort to agree on another employee of the City of Arroyo Grande to act for the City. in the event that the parties cannot agree upon a different employee of the City of Arroyo Grande, the parties shall invoke the resolution procedure set forth in paragraph 10 below. 10. Resolution Procedure. Robert Federman, Esq. has agreed to act as Mediator/Arbitrator for any disputes that arise under the terms of paragraphs 3 and 4 of this Agreement. Mr. Federman has disclosed all potenrial conflicts of interest he may have, and the parties have waived such conflicts of interest,if any. If the parties aze unable to reach an informal resolution of any dispute involving the terms of paragraphs 3 and 4, either paRy may contact Mr. Federman at 545-9000, or such other address and/or telephone number as Mr. Federman may designate, and ask that he schedule and send notice of a meeting to resolve the dispute. Such meeting shall occur within thirty(30)days after such a request has been made. At the meeting the parties will attempt to reach a mediated resolution of the dispute. If the parties are not able to agree to a resolution,Mr.Federman,will make a determination on the issue within thirty(30)days of such meeting. Mr.Federman's deternunation as to any issue that is subj ect to this resolution procedure is 5 �� �' binding on the parties. If the meeting is not held within thirty (30) days, or if the Mediator/Arbitrator's decision is not rendered within thirty(30)days,as indicated above,either party may apply to the court for relief pursuant to Code of Civil Procedure section 664.6. Except as to those deadlines that are directly applicable to a dispute submitted for resolution under the terms of this paragraph, none of the deadlines set forth in this agreement will be delayed, deferred or otherwise affected. In the event Mr.Federman is unavailable to serve as indicated herein,the parties will make a good faith effort to agree upon another,mutually agreeable Mediator/Arbitrator. The fees and costs of the proceedings referenced herein, including but not limited to the Mediator/Arbitrator's fees,shall be spiit evenly between the parties unless there is a determinadon that one of the parties should have to beaz a greater shaze of such costs and/or fees due to substantial noncompliance with this agreement. 11. Code of Civil Procedure section 664.6 As noted above,and subject to the resolution procedures agreed upon herein,where applicable,this Agreement shall be fully enforceable in a court of law under Code of Civil Procedure section 664.6. In the event of a breach of this Agreement,the parties may request that the Court enter judgment pursuant to the terms of this Agreement,which may provide for any legally appropriate form of relief in order to enforce the terms set forth herein, and that the Court retain jurisdicrion over the parties to enforce this Agreement until its terms have been fully performed. 12. Release and Dismissal bv Clawson. Clawson, on behalf of himself, his agents, successors and assigns,hereby and forever releases and discharges the City of AiTOyo Grande,David Crockett, and each of the City of Anoyo Grande's and David Crockett's employees, agents, representatives,successors,affiliated entiries,assigns and anyone acting for or on behalf of the City of Arroyo Grande and/or David Crockett, from any and all claims, disputes, causes of action and controversies that azose prior to the Effective Date of this Agreement and that aze alleged in his lawsuit or arise from any of the same facts alleged in said lawsuit and the parties shall each file a Notice of Settlement in their respecdve lawsuits,requesting that the Court retain jurisdiction over the settlement pursuant to Code of Civil Procedure section 664.6,and set such ac6ons for dismissal in three and one-half years(42 months}. Such actions wiil be automatically dismissed,unless a morion is made prior to such time, seeking relief from such dismissal in order to enforce the terms of this Agreement. So long as either of the actions is pending,the terms of this Agreement may be enforced pursuant to Code of Civil Procedure section 664.6. Additionally, whether or not either action is pending, the terms of this Agreement may be enforced through any other appropriate legal acrion, 7 filed within the applicable statute of limitations. ks � 13. Release bv the City of Arroyo Grande and Crockett. City and Crockett hereby release and forever discharge Clawson from any liability,injury,damage,expense,costs and fees that may have been incurred as a result of defending Clawson's action against such parties, as referenced above, i.e., City and Crockett waive and release all rights to recover damages for malicious prosecution and for recovery under Code of Civil Procedure section 1038. f j; i� 14. Scope of Release. It is understood and agreed that as to the matters released tN herein only, this is a full and final release applying to all known,unknown, anticipated and � s 6 j F � unanticipated injuries, losses, expenses and damages arising out of any of the alleged acts, omissions, events,transactions and condirions referred to above as having been released herein. Accordingly, the releasing parties waive all claims for any alleged injury, loss, expense, damage, right and benefit they now have or may otherwise have as to such released matters under the terms of Section 1542 of the California Civil Code, which reads as follows: General Release--Claims Extineuished A general release does not extend to claims which the creditor does not lmow or suspect to exist in his favor at the time of executing the release which if lmown by him must have materially affected his settlement with the debtor. 15. Good Faith Settlement. The parties expressly aclmowledge that the terms of this Ageement have been negoriated and agreed upon in good faith and pursuant to sections 877 and 877.6 of the California Code of Civil Procedure. 16. Warranri of Non-Assie�ment of Claims: Indemnity;. The parties, and each of them,hereby expressly represent and warrant that they have full and complete authority to agree to the terms set forth herein and to the releases set forth herein that are applicable to their respective claims, and that they have not assigned any such claims to any other person or entity. As further assurance and as part of the consideration for this settlement, if and to the extent the foregoing sentence is in any way false, any of the parties who has made such an assignment shall indemnify and hold harmless each of the parties herein released as to each and every complaint, cross-complaint, lien, claim,demand, loss, expense(including attorneys' fees), action,cause of action and judgment, of any kind or character, associated with the assertion by any assignee of any such assigned claim. 18. Effect of Sale, Convevance or Other Transfer of the Property, or any Interest Therein: In the event the Property, or any interest therein, is sold, conveyed or otherwise transferred through any means, either voluntarily or involuntarily, it is understood that Clawson will continue to have those obligations referenced in this Agreement, regardless of whether he continues to own any interest in the Property. City may agree,in writing, to relieve Clawson of such obligations, but in the event City does not do so, and the Property, or any interest therein, is sold, conveyed or otherwise transferred through any means,either voluntarily or involuntarily, City has the following options: a.) City may require Clawson to fulfiil all of his contractual obligations, and seek enforcement pursuant to the terms of tlris Agreement if he fails to do so; or b.) Regardless of the terms of this Agreement, City will have no limitation on its ability to inspect and enforce all current and applicable codes, ordinances, regularions and laws, and the Property wilt remain vacant, � until the owner(s)build a City-approved structure, comply with all � current codes, ordinances,regulations and laws and obtain a Certificate r of Occupancy for any and all dweiling units at the property. �� ! i 7 �� City also reserves the right to reach a new agreement with the owner(s) of the Property in the event of such a sale, conveyance or transfer. All terms of this Agreement, including this pazagaph, shall be disclosed by Clawson to all persons and entities who seek to obtain or who in fact obtain any interest in the Property,before any such interest is in fact obtained. 19. Inte¢ration/Modification and Construction. This Agrecment constitutes the entire Agreement of the parties and supersedes all prior agreements between the parties relating to settlement of either or both of the Lawsuits. This Agreement may only be modified by a writing signed by all parties to this Agreement. Each party has fully reviewed the terms set forth herein,has had the opportunity to consult independent counsel of his/its own choosing and has satisfied himself/itself as to the meaning and import of each of the terms herein. Accordingiy, since each party has participated in the drafting hereof,no ambiguity shali be construed more or less favorably to any party but all terms shall be interpreted without recourse to the rule that ambiguities are to be construed against the drafter. No party in executing this Agreement has relied upon any inducement, promise, or representation aside from those explicitly set forth herein. 20. Counterparts. This Agreement may be executed in counterparts,all of which together shall constitute the original Agreement. IN WITNESS WHEREOF,the parties hereto have executed this instrument. The Agreement shall become effective as of the date the last signatory executes the Agreement. Dated: Mazch_, 2003 GARY CLAWSON Dated: March_, 2003 CITY OF ARROYO GRANDE By: Its: I� Dated: March_, 2003 I� DAVID CROCKETT ' APPROVED AS TO FORM: [i �� i7 Dated: March_, 2003 DUGGAN SMITH&HUTKIN LLP � 8 ,'; . ,... MARIA L. HUTKIN Attomeys for Gary Clawson Dated: March_, 2003 LAW OFFICES OF ROBERT GiJNDERT ROBERT GUNDERT Attomey for City of Arroyo Grande and David Crockett � C 9 � ;s 9.a. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GNEN thaY a Public Hearing will be held by the City Council of the City of Arroyo Grande to consider the following item: A RESOLUTION INCREASING OPERATING FEES BASED ON CHANGES IN THE JANUARY 2003 CONSUMER PRICE INDEX (C.P.I.) APPLICANT: City of Arroyo Grande PROPOSAL: The Council will consider the adoption of a Resolution increasing operating fees in the Fire, Building, Community Development, Engineering, and Recreation Departments based on changes in the January 2003 C.P.I. of 3.5% REPRESENTATIVE: Financial Services Director Any person affected or concemed by the proposal may submit written comments to the Office of the City Manager before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal can contact the Financial Services Department at 214 E. Branch Street, Arroyo Grande, Califomia, or by telephone at (805) 473-5430 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposal will be availabie for public inspection at the above address. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Date and Time of Hearing: Tuesday, March 25, 2003 at 7:00 p.tn. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street � Arroyo Grande, California 93420 �C�/t1�c.�a�-�. Kelly etm e Director of Administrative Services/Deputy City Clerk Publish 1 time, Friday, March 14, 2003 _ — - _ --- — _ _ ---- � o� pRROroc � 1NCORPORATEO i � ° MEMORANDUM � .w�Y ,o. ,.�, * C9��FORN�P . To: cirir couNCi� FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES � SUBJECT: CONSIDERATION OF RESOLUTION INCREASING OPERATING FEES BASED ON CHANGES IN THE CONSUMER PRIGE INDEX (CPI) DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the City Council adopt the attached resolution revising Operating Fees in the Fire, Building, Community Development, Engineering, and Recreation Departments by the January 2003 CPI of 3.5%. FUNDING: A small increase, of approximately $5,000, can be expected in the General Fund operating revenues. DISCUSSION: The City completed an operating fee study in Fiscal Year 1999-2000. This study calculated the direct and indirect costs of providing specialized services to the public. The commission of this study was undertaken in order to shift the burden of paying for specific governmental services from the general populous to specific recipients of the service, through user fees. The underlying assumption being that services ber�fiting specific users, not the community as a whole, should be paid by the ben�ting individuals and businesses. On April 11, 2000 the City Council was presented the completed study and a recommendation to set operating fees, where appropriate, at 100°k of cost. The enabling resolution was adopted at that meeting and fees were adjusted on July 1, 2000. Since the cost to provide services increases each year, it was the intent of the original study that these fees be increased annually. The City could have commissioned another operating fee study to calculate the growth in costs. Rather than spend a considerable sum of money and staff time on another study, a simpler solution was used. The fees were increased by the consumer pric� index (CPI), which measures the increased cost of living for specific regions of the country. The 3.8°� January 2001 (Los Angeles region) CPI was used to calculate the growth in costs for that one year. The revised fees schedule was implemented as of July 1, 2001. cinr couNCi� OPERATING FEE STUDY AND RESOLUTION MARCH 25, 2003 PAGE 2 Another year passed, the cost to provide the services increased, and a 2.7% January 2002 CPI adjustment to these fees should have been presented to the City Council in April of 2002. Staffing difficuities in the Financial Services Department delayed this action until the October 8, 2002 City Council meeting. Because of the delay in presenting the fee adjustment to the City Council, the implementation date was delayed until January 1, 2003, rather than the usual July 1 implementation date. The January 2003 CPI, as reported by the U.S. Department of Labor, is 3.5°r6. In order that the City's operating fees keep pace with the annual cost of inflation; the City continues to charge the cost of supplying services; and the annual increase retums'to a July 1'� implementation date, staff proposes operating fees be increased by 3.5%. Attached to this report is a Resolution to increase fees, and Exhibit A that provides a listing of the Proposed Updated Operating Fees. This listing shows the service provided by the City, the current fee charged for that service, the CPI percentage, and the recommended fee. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation to increase operating fees by 3.5%; - Deny staff recommendation and retain the current fee structure; - Modify staff recommendation; - Provide direction to staff. Attachments: - Exhibit A— Schedule of Operating Fee Recommendations. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING OPERATING FEES FOR PARKS AND RECREATION, PLANNING, ENGINEERING, BUILDING, AND FIRE SERVICES WHEREAS, the City Council performs certain services and issues permits and licenses, which benefit specific individuals and businesses; and WHEREAS, the cost of pertorming such services and issuing such permits, and licenses are to be paid by those individuals and businesses that receive such services, permits, and licenses; and WHEREAS, those fees charged for such services, permits, and licenses provided by and/or through the Parks and Recreation, Community Development, Engineering, Building, and Fire Departments, no longer reflect the true costs of providing such services, permits, and licenses; and WHEREAS, costs for services, permits, and licenses provided by and/or through the Parks and Recreation, Community Development, Engineering, Building, and Fire Departments that benefit specific individuals and businesses have been clearly identified; and WHEREAS, the City of Arroyo Grande adopted Ordinance No. 408 C.S. that authorizes amending fees for Planning and Engineering processing and permitting be established by resolution; and WHEREAS, the City of Arroyo Grande has adopted Resolution 3203 that established specific fees for Parks and Recreation Services; and WHEREAS, the City of Arroyo Grande has proposed and made available to the public, data indicating the estimated cost of providing Fire services and the current and proposed fees for such services; and WHEREAS, the City Council has considered at a' regularly scheduled City Council meeting the question of whether or not to adjust or establish operating fees for City services to reflect the estimated amount that is required to sufficiently compensate the City for providing such services; and WHEREAS, at said public meeting, the City Council considered all oral and written presentations that were made regarding operating fees. ( RESOLUTION NO. PAGE 2 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The schedule of fees attached hereto as Exhibit "A" and incorporated herein by this reference, entitled "Schedule of Operating Fee Recommendations, Fiscal Year 2003-04" is hereby adopted. 2. This Resolution shall be effective on July 1, 2003. 3. Fees shall be adjusted annually by modifying the adopted value up or down in conformance with the Consumer Price Index for the Los Angeles region. The factor for the adjustment of the fees shall be calculated and established each January by the Director of Financial Services, utilizing the following formula: Factor = 1 + Current Index— Base Index for Date of Adoption Base Index for Date of Adoption 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. �� Ii — . �; RESOLUTION NO. PAG E 3 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 CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2003-04 Current January 2003 Proposed Service Fee CPI Increase ENGINEERING: Annexation $ 2,540 3.5% $ 2,630 Conditional Use Permit 915 3.5% 950 Grading Perrnit 1,950 3.5% 2,020 Lot Line Adjustment 2,350 3.5% 2,430 Parcel Map 1,040 3.5% 1,075 Pre-Application 180 3.5% 185 Tract Map 3,825 3.5% 3,960 Inspection Services 61,900 3.5% 64,070 Encroachment Permit-Residential 60 3.5% 60 Encroachment Permit-Commercial 120 3.5% 120 i �; EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2003-04 Current January 2003 Proposed Service Fee CPI Increase FIRE DEPARTMENT: Permit Inspection $ 300 3.5% $ 310 Hydrant Flow Calculation 140 3.5% 145 FireworksPermit 110 N/A ��p Failed 2nd Inspection 90 3.5% 90 Burn Permit 25 3.5% 25 Excessive False Alarm 52 3.5% 52 I� �� ,3 !.i i� iki Ij f� i ;�; EXHIBIT A h CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2003-04 Current January 2003 Proposed Service Fee CPI Increase PLANNING: Appeals CD Directorto Planning Commission $ 195 3.5% $ 200 Planning Commission to City Council. 195 3.5% 200 ARC Review Within P.D. Zone 415 3.5% 430 Outside P.D. Zone 220 3.5% 230 Minor Project 67 3.5°/a 70 ARC Review Amendment Within P.D. Zone 415 3.5% 430 Outside P.D. Zone 220 3.5% 230 Minor Project 220 3.5% 230 CeA. Of Compliance • Wilhin P.D. Zone 650 3.5% 675 Outside P.D. Zone 450 3.5% 470 CUP Within P.D. Zone 1,205 3.5% 1,250 Outside P.D. Zone 1,005 3.5% 1,040 CUP Amendment Within P.D. Zone 865 3.5% 895 Outside P.D. Zone 665 3.5°k 690 Development Agreement 2,030 3.5% 2,100 Dev. Code Amendment 1,250 3.5% 1,295 GPA 1,370 3.5% 1,420 Home Occupation Permit 50 3.5% 50 Large Family Daycare 265 3.5% 275 LLA Within P.D. Zone 800 3.5% 825 Outside P.D. Zone 605 3.5% 625 Lot Merger 605 3.5% 625 Meeting continuance 130 3.5% 135 Minor Exception 260 3.5°k 270 Planned DevelopmenURezoning 1,155 3.5% 1,195 Planned Dev. SPFC/GDPA 1,155 3.5% 1,195 Planned Unit Development Permit Processed with Tentative Map 1,155 3.5% 1,195 Processed along 1,155 3.5% 1,195 PC Interp/VNaive/Reference 410 3.5°/a 425 Plot Plan Review 230 3.5% 235 Pre-Application 315 3.5% 325 Research 70 3.5% 70 f� P� i'i . . . _ _.._.. _. . __ - ..__.. . _ i ', EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2003-04 Current January 2003 Proposed Service Fee CPI Increase PLANNING (continued): Reversion to Acreage Within P.D. 2one 415 3.5% 430 Outside P.D. Zone 220 3.5% 230 Rezoning 1,155 3.5°k 1,195 Signs Planned Sign Program Within P.D. Zone 615 3.5% 635 Outside P.D. Zone 415 3.5°/a 430 Administrative Sign Permit 70 3.5% 70 Administrative Sign Program 165 3.5% 170 Mural Permit 165 3.5% 170 Specific Plan 3,550 3.5% 3,675 Specific Plan Amendment 1,155 3.5% 1,195 TUP 105 3.5% 110 Tentative Parcel/Tentative Tract Map Within P.D. Zone 1,000 3.5% 1,035 Outside P.D. Zone 805 3.5% 830 Tentative Parcel/Tentative Tract Map Amendment Within P.D. Zone 1,000 3.5°k 1,035 Outside P.D. Zone 805 3.5% 830 Time Extension Within P.D. Zone 510 3.5°k 530 Outside P.D. Zone 310 3.5% 320 Variance Within P.D. Zone 1,000 3.5% 1,035 Outside P.O. Zone 805 3.5% 830 Vesting TPM/TTM Wilhin P.D. Zone 1,000 3.5% 1,035 Outside P.D. Zone 805 3.5% 830 � Viewshed Review Staff Review � � 350 3.5% 360 r� Planning Commission Review 350 3.5°/a 360 � Ei f� �� `1 i, i� 3 EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2003-04 Current January 2003 Proposed Service Fee CPI Increase RECREATION: Park Facilitv Use Fees StrotherPark-Large Barbecue $ 59 3.5% $ 61 Strother Park-Security Deposit 27 3.5% 28 Strother Park-Small Barbecue 30 3.5% 31 Strother Park-Wedding Reception 117 3.5% 121 StrotherPark-Security1,2,3 59 3.5% 61 Elm Street Park-Barbecue 59 3.5% 61 Elm Street Park-Security Deposit 26 3.5�0 27 Soto Soorts Comolex Use Fees Campbell Field Rental Fee 12 3.5% 12 Pilg Field Rental Fee 12 3.5% 12 Santos Field Rental Fee 12 3.5% 12 Volunteer Field Rental Fee 12 3.5% 12 Volunteer Field with Lights Rental 29 3.5% 30 Ikeda Field Rental 12 3.5% 12 Ikeda Field with Lights Rental 29 3.5% 30 Porter Field Rental Fee 17 3.5% 18 Porter Field with Lights Rental 34 3.5% 35 Tennis Court Rental-1 Hour 6 3.5% 6 Tennis Courts- 4 Rental 85 3.5% 88 Food Booth Rental Fee (Soto) 29 3.5% 30 Meeting Room Rental Fee 17 3.5% 18 Field Prep Fees (except Porter) 17 3.5% 18 Field Prep Fees- Porter 29 3.5% 30 Tournam Sch. & Coordin Fee 57 3.S�o 59 � Tournament Deposit Fee 225 3.5% 233 Woman's Club Use Fees �i Rental Fee 37 3.5% 38 ;s Elm Street Comm. Ctr Use Fees (a Rental Fee 23 3.5% 24 .,,, Adult Soort Leaaue Fees Adult Softball-Spring 445 3.5% 480 P� Adult Softball-Summer 445 3.5% 460 Adult Basketball 485 3.5% 502 Non-Resident Fee 8 3.5°/a 8 g i i Ii ii ;i � 7 . �� EXHIBIT A CITY OF ARROYO GRANDE Schedule of Operating Fee Recommendations Fiscal Year 2003-04 Current January 2003 Proposed li Service Fee CPI Increase Child Care Propram Fees Pre-Sch 1-Time Registration Fee 5.50 3.5% 5.70 AM/PM CIM-Elm Sireet 2.50 3.5°k 2.60 AMlPM CIM:Branch Sch. 2.25 3.5°/a 2.30 AMlPM CIM-Ocean 2.25 3.5% 2.30 AM/PM CIM-Harloe 2.25 3.5% 2.30 CIM -One Time Reg. Fee 11.00 3.5% 11.40 Summer Playground-Strother Pk 1.75 3.5% 1.80 Summer Playground-Elm Street 1.75 3.5% 1.80 Holiday Rlayground Programs 1.75 3.5% 1.80 Child Care Proaram Fees- Residenl Discount Play& Learn-Tues&Thur. 2.50 3.5�a 3.60 Play & Learn-Mon, Wed & Fri. 2.50 3.5% 2.60 Kindergartens in Training 2.50 3.5% 2.60 Summer Play& Learn 2.50 3.5% 2.60 Child Care Proaram Fees- Non Residents Play & Learn-Tues &Thuc 3.00 3.5% 3.10 Play & Learn-Mon, Wed & Fri. 3.00 3.5% 3.10 Kindergartens in Training 3.00 3.5% 3.10 Summer Play & Learn 3.00 3.5% 3.10 9.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande to consider the following item: ARROYO GRANDE UNDERGROUND UTILITY DISTRICT NO. 7 - EAST GRAND AVENUE FROM ELM STREET TO OAK PARK BLV0. Applicant: City of Arroyo Grande Proposal: The City Council will consider whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires, and facilities for supplying electric, cable television, communications, or similar associated service in the District. Location: East Grand Avenue -from Elm Street to Oak Park Boulevard Representative: Don Spagnolo, Director of Public Works /City Engineer Any person affected or concerned about the proposal may submit written comments to the Public Works Department before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Information relating to this proposal is available at the Public Works Department, located at 208 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5440 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposal will be available for public inspection at the above address. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the city council at, or prior to, the Public Hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Date and Time of Hearing: Tuesday, March 25, 2003, 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers, 215 East Branch Street Arroyo Grande, CA 93420 Y'�v6��- Kelly W mo Director of Administrative Services/Deputy City Clerk Publish 1T, Friday, March 14, 2003 � pRROyp � cP FINCORPORATED 9Z " ^ MEMORANDUM � JULY 10. tY11 * . c4��PORN�P . TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER � SUBJECT: CONSIDERATION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 7 FOR EAST GRAND AVENUE BETWEEN ELM STREET AND OAK PARK BOULEVARD DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the City Council: A. Open the public hearing allowing affected property owners to address the Council concerning the formation of Underground Utility District No. 7 for East Grand Avenue between Elm Street and Oak Park Boulevard, and B. Close the public hearing and adopt the attached resolution directing removai of all above ground utilities and requiring underground installation of said facilities within Underground Utility District No. 7. FUNDING: The estimated cost to underground East Grand Avenue overhead utilities between Elm Street and Oak Park Boulevard is $625,000. The total available funding at this time is estimated at $689,000 as follows: . The California Public Utility Commission (CPUC) - Rule 20A undergrounding allocation to the City is approximately$93,000 per year. Since the City is allowed to borrow against future allocations for a three year period, approximately$279,000 is available for the project. . The City's present CPUC - Rule 20A account balance is $160,000. . The County of San Luis Obispo has made available $250,000 of their Rule 20A allocations towards Utility District No. 7. Approximately$50,000 of the available funding will be used to provide utility crossings for the East Grand Avenue, Phase III Project in support of the future utility work for Underground Utility DistrictNo. 7. -_ __ —_ --- _ J CITY COUNCIL CONSIDERATION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 7 MARCH 25, 2003 PAGE 2 DISCUSSION: On November 12, 2002, staff presented the City Council with the conceptual outline for Utility District No. 7, located on East Grand Avenue between Elm Street and Oak Park Boulevard. However, the public hearing was continued to a future date to compile additional information for the formation of the district. California Public Utility Regulation, Rule 20A, Section 8209, specifies that each utility company must allocate two percent of its gross revenues for use in placing aerial facilities underground. The facilities include electrical lines, telephone lines and/or cable N lines. Undergrounding of utilities along East Grand Avenue befinreen Elm Street and Oak Park Boulevard meets the established criteria as follows: ♦ Undergrounding would avoid or eliminate an unusually heavy concentration of overhead lines, ♦ Involve a street or road with high volume of public traffic, ♦ Benefit a civic or public recreation area or area of unusual scenic interest, ♦ Extends for a minimum of one biock or 600 feet, whichever is less. The scope of work for the East Grand Avenue, Phase IIi Project includes the installation of conduits beneath East Grand Avenue to support the conversion work to be pertormed later by PG&E and other utilities. The work associated with the East Grand Avenue project includes the installation of conduits that cross East Grand Avenue at various intervals to provide for the future underground of the overhead utilities. The estimated cost of this work is $50,000. The formation of the utility district is required by PG&E and other utilities to enable the City to be reimbursed for work performed with Rule 20A funds. City Municipal Code Chapter 16.72 sets forth the procedure bywhich Council may call for a public hearing for the establishment of an underground utility district. Staff has notified all affected property owners and tenants of this hearing. Attachment 1 is the resolution forthe Council's action to form the district. PG&E wili begin design of the project upon adoption of the resolution. The tentative schedule provides timelines for which work can be compieted as foltows: Installation of Utility Substructures 18 months Conversion of Electrical Panels 20 months Removal of Existing Utility Poles 24 months CITY COUNCIL CONSIDERATION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 7 MARCH 25, 2003 PAGE 3 The City will provide notice to the property owners to perform the conversion of their electrical panels from an overhead to an underground feed. It is the responsibility of the property owners to hire their own electricians to pertorm the conversion. The notice will state that in the event the conversion is not performed within the allotted time, the City will perform the conversion with its electrician and bill the property owner accordingly. PG&E will ensure continuous service to the businesses during the conversion process. ALTERNATIVES: The following altematives are provided for the Council's consideration: • Approve staff's recommendations; • Do not approve staff's recommendations; • Modify as appropriate and approve staff's recommendations; or • Provide direction to staff � I j RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING EAST GRAND AVENUE UNDERGROUND UTILITY DISTRICT NO. 7 WHEREAS, the City Council of the City of Arroyo Grande conducted a public hearing on the 25'" day of March, 2003, at the hour of 7:00 P.M. in the Council Chambers of the City Hall, 215 E. Branch Street, Arroyo Grande, Califomia, to ascertain whether the public necessity, health, safety or welfare required the removal of poles, overhead wires and associated overhead structures, and the underground instailation ofwires and facilitiesfor suppFying electric, communication,orsimilarorassociated services,within thatcertain area of the City of Arroyo Grande shown and described in the map entitled "East Grand Avenue Utility Undergrounding attached hereto as"Exhibit A"and made a part hereof by reference; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OFARROYO GRANDE AS FOLLOWS: That pursuant to Chapter 16.72 of the Arroyo Grande Municipal Code, the area of real property shown in "Exhibit A", is hereby declared an Underground Utility District, and is designated as "East Grand Avenue Underground Utility District No. 7 of the City of Arroyo Grande". BE IT FURTHER RESOLVED that the Council does hereby fix,that afterwritten notice and demand delivered to property owners, said affected property owners must be ready to receive services by April 2005, or at a later time as determined by the prime utility's construction schedule, and the Council does hereby order the removal of all public utilities of all poles, overhead wires and associated overhead structures and the underground installation of said wires and facilities for supplying electric communication, or similar or associated service within East Grand Avenue Utility District No. 7 before August 2005. RESOLUTION NO. PAGE TWO BE IT FURTHER RESOLVED that the Director of Administrative Services / Deputy City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within East Grand Avenue Utility District No. 7 of the adoption of this resolution within ten (10)days after the date of such adoption. Said Director Of Administrative Services/Deputy City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electrical, telecommunication or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities on fife with the Public Utilities Commission of the State of California. Such notification shall be made by mailing a copy of this resolution,together with a copy of said section ofthe Municipal Code, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. BE IT FURTHER RESOLVED that the Council hereby finds, based on substantial evidence in the record of these proceedings, that the reasons for creation of such Underground Utility District are as follows: 1. The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities, 2. The streets, roads, or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic and said undergrounding will promote the orderly control of such traffic. 3. The said streets, roads or rights-of-way adjoin or pass through a civic area, consequently, such underground is more efficient than any other method and adds to the aesthetic appearance of the area so undergrounded. 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 , I 2003. 't i� I' RESOLUTION NO. PAGE THREE 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: j # f': �� rrr 'i TIMOTHY J. CARMEL, CITY ATTORNEY ,; �� �� €; ��� _ - - r ', _ EXHIBIT A - __ � PRC)POSED __ - --- __ -- _ � UNDERGROUND UTILITY DISTRICT 7 _ , _. -_ -- - ---- - _ ---_:__ ; �_ _ ; _ I . _ . ; ._ _ _ _ � . . _ > - - -- � -- _ _ _ __ __ . m _. , � _ � _ : � __ . � ___ , t� � 4 - ___ _ ; , _�_.--�--_ � -- � �� :_ � ; � � � a : � ' � , , `-� ' = - ' 1 � _ --- a ,-- - :- - _ _ �'- T-�_ � o . : � ; � � , , - ; �- . _ , , � � �, � - _--- - __ _ _ _� ��_ ,� ; � . , _. - __ . � ; ; �: , - � , ; ,- i i .- � ; i - ; - � - _ - _ -� � � , ;- _ � ' _ Ji � . _ � , , i � ,-- -- - - � - ' ' � EAST GRAND A� �_ __ - - m ENUE - _ W � UTILITY UNDERGROUMDING D MAP OF THE PROJECT AREA - - "` - I ... -- 1�1l1TT(1 '/�/�IC pf1 f CITY OF ARROYO GRANDE 9.C. CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande to consider the following item: CASE NO: Planned Unit Development 02-001 APPLICANT: D B & M Properties LLC LOCATION: 520, 522 and 528 East Branch Street PROPOSAL: To establish conceptual design standards for a mixed-use project located on ten (10) existing commercial lots. ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration REPRESENTATIVE: Joseph Boud & Associates The City Council has appealed the Planning Commission's approval of Planned Unit Development Case No. 02-001 which established conceptual design standards for a mixed-use project located on ten (10) existing commercial lots. In compliance with the California Environmental Quality Act, the Community Development Department has prepared a Mitigated Negative Declaration on the above project. The Mitigated Negative Declaration is available for review at the Community Development Department, City of Arroyo Grande. If the City Council does not feel that a Mitigated Negative Declaration is appropriate, project approval will not be considered. Any person affected or concerned by this application may submit written comments to the Community Development Department at 214 E. Branch Street, Arroyo Grande, Califomia, during normal business hours (8:00 a.m. to 5:00 p.m.) before the City Council hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing. The project application is available for public inspection at the above address. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Time and Date of Hearing: March 25, 2003 at 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, Califomia 93420 V�-`t'�'u��— Kelly We ore Director of Administrative Services/Deputy City Clerk Publish 1T, Friday, March 14, 2003 � pRROy� � C? � WCOflPOR�TED YL . � ° ° MEMORANDUM i� .u�r io. ru�i * C,��FORN�p . TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR� BY: KELLY HEFFERNON, ASSOCIATE PLANNER �,�, SUBJECT: CONSIDERATION OF APPEAL OF PLANNED UNIT DEVELOPMENT CASE NO 02-001 (EAST VILLAGE PLAZA); 520, 522 AND 528 EAST BRANCH STREET; DB&M PROPERTIES DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended the Council consider the appeal of Planning Commission approval of the East Village Plaza, Planned Unit Development Case No. 02-001, and direct staff to retum with the appropriate resolution. FUNDING: No financial impact to the City. DISCUSSION: On February 5, 2003 the Planning Commission approved the "East Village Plaza" mixed-use project located on the eastem boundary of the Village Commercial zoning district and Village Core land use category (see Exhibit A for Planning Commission staff report and Exhibit B for Planning Commission Meeting Minutes). The intent of processing the project as a Planned Unit Development was to establish general site and building design standards for an integrated pattern of development, while still maintaining some flexibility to allow unique design concepts on individual lots. The intent was also to avoid the necessity of reviewing ten (10) separate Conditional Use Permits at separate times, and therefore the possibility of an overall disjointed development. As discussed in the Planning Commission staff report, each subsequent proposed development would be reviewed on a case-by-case basis through the Architectural Review process. This would enable an opportunity to consider the design of each proposal on each lot in more detail without duplication of the current consideration of broader issues of circulation, parking, lighting, and other infrastructure requirements. It should be noted that each individual project submitted would be evaluated for consistency with this conceptual plan. If the project deviates substantially from this Planned Unit Development, the applicant would be required to submit a Conditional Use Permit application. "Substantial deviation" includes exceeding the maximum floor area, change in the allowable use, or exceeding the allocated square footage of residential development per lot. CITY COUNCIL APPEAL OF PLANNED UNIT DEVELOPMENT 02-001 MARCH 25, 2003 PAGE 2 Therefore, the intent of this Planned Unit Development is to propose a conceptual design that establishes circulation pattems, common driveways, defined building footprints and architectural schemes, but also maintains individual property owner's ability to develop the site to its full potential. The conceptual plan identifies the maximum build-out on each lot given Development Code restrictions of lot coverage, floor area ratio, parking, setbacks, etc. On February 11, 2003, the majority of the City Council agreed to appeal the Planning Commission approval of the East Village Plaza project in response to a request by Mayor Pro Tem Dickens (see Exhibit C for comments provided by Mayor Pro Tem Dickens as a basis for the appeal). Concems expressed included a lack of pedestrian orientation along East Branch Street, predominant focus on office use rather than "mixed-use" (including retail, office and residential), the mass and scale of the buildings in relation to the surrounding residential neighborhood, adequacy of the traific analysis particularly with regard to the unique peak hour tra�c of Paulding Middle School, adequate analysis of on-street parking loss, and determination of what constitutes "substantial deviation"from the approved project. In response to the appeal, the applicant has submitted revised architectural concepts for Lots 1 and 2. These altemative designs were prepared to present a graphic illustration of other ways that these lots might develop in the event that a multiple tenant occupancy were proposed by a subsequent owner/developer. The altemative conceptual design illustration for Lots 1 and 2 is included as Exhibit D. ALTERNATIVES: The following altematives are presented for Council consideration: 1. Deny the appeal and approve the project as originally submitted; staff will retum with an appropriate resolution for City Council action; or 2. Modify the Planning Commission's decision and direct staff to prepare the appropriate resolution for City Council approval; or 3. Uphold the appeal and take tentative action to deny the project application and direct staff to prepare the appropriate resolution for City Council action. Staff will retum with the appropriate resolution at a later meeting. Exhibits A. Staff report prepared for the February 5, 2003 Planning Commission Meeting B. Planning Commission Meeting Minutes of February 5, 2003 C. Comments submitted by Mayor Pro Tem Dickens regarding the appeal D. Alternative architectural concept plan for Lots 1 and 2 ' EXHIBIT A HEARING DATE: February 5, 2003 AGENDA ITEM: ll. A. CITY OF ARROYO GRANDE � PLANNING COMMISSION MEETING Fi�ellNOex: Planned Unit Development Case No. 02-001 Planned Sign Program 02-004 (East Village Plaza) AaPUCan�: DB&M Properties RePReseN7ar�ve: Joseph Boud & Associates LocnrioN: 520, 522 and 528 East Branch Street � � crartE ,t:. , � +� f r 1�+f r�� � *f PrtoPOSa�: Planned Unit Develoament to establish conceptual design standards for a mixed use project on ten (10) existing lots, and Planned Siqn Propram to establish general signage criteria for future tenants of the project. PrtaecT Pu►NNeR: Keily Heffernon No�FicnrioN: 81 Public Hearing Notices sent on January 24, 2003. Parcel Size: 2.4 acres Terrain: Mostly level with the exception of steep creek banks Vegetation: Weeds; riparian vegetation; minimal residential landscaping Existing Land Use: Two (2) single-family residences; vacant General Plan Designation: Village Core (VC) Zoning Designation: Village Commercial (VC-D-2.4) - 1 - — _ . —_ � I HEARING DATE: FB6Nery 5, 2003 � AGENDA ITEM: ll.A. Surrounding Land Use/Zoning/General Plan Designation: North: Residential DevelopmenWR/MD South: Residential DevelopmenUSF/MD East: Residential DevelopmenUSF/MD West: Commercial DevelopmenWCNC BACKGROUND The 2.4-acre property is located within the Village Core (VC) land use category and Village Commercial (VC) zoning district. The site is rectangular in shape and developed with two (2) single-family residences. The site is one of the few remaining large commercial properties within the village area, and is located near the eastem "gateway" to the City. The site is in a transitional land use area, being surrounded predominantly by residential development to the north, south and east and commercial development to the west. Except for the steep banks of Arroyo Grande Creek, which runs through the southem portion of the property, the site is mostly flat. Recent City permits issued for the subject property include demolition permits, a lot line adjustment and a grading permit. In April 2000 and November 2001, the City issued demolition permits to remove a storage building and a shed structure. On December 5, 2000, the Planning Commission approved a lot line adjustment that reconfigured the twelve (12) existing parcels into ten (10). Finally, a grading plan was approved for the project site in December of 2001 for installation of an access driveway, drainage improvements and utilities. Site improvements to date include: • Construction of an internal one-way loop road (Sterling Drive) with rolled curb and gutter; . Curb, gutter and sidewalk along East Branch Street; • Drainage to Arroyo Grande Creek with fossil filter; and . Installation of City water and sewer lines. Proiect Description The applicant is proposing a Planned Unit Development (PUD) consisting of mixed commercial, office and residential uses on the ten (10) lots. The estimated breakdown for a mixed-use development is 8,674 square feet of residential floor area and 16,198 square feet of commercial/office space. For an entirely commercial/office use scenario, the project shows 23,792 square feet of floor area. The two (2) existing houses on the project site are proposed to remain. The intent of the PUD process for this particular project is to establish general site and building design parameters (such as building footprints, common driveways, shared parking and an architectural theme) that will result in a unified pattem of development for mixed uses, while still maintaining sufficient flexibility to allow some unique design concepts on individual lots. This process also avoids the necessity of reviewing ten (10) separate Conditional Use Permits at separate times, and hence the possibility of an overall disjointed development. Each subsequent proposed development would be reviewed on a case-by-case basis through the Architectural Review process, enabling an opportunity to consider the design of each proposal on each lot in more detail without _2_ _ � HEARING DATE: F6bN8ry 5, 2003 � AGENDA ITEM: ll.A. duplication of the current consideration of broader issues of circulation, parking, lighting, and other infrastructure requirements. It should be noted that each individual project submitted would be evaluated for consistency with this conceptual plan. If the project deviates substantially from this Planned Unit Development, the applicant would be required to submit a Conditional Use Permit application. "Substantial deviation° includes exceeding the maximum floor area, change in the allowable use, or exceeding the.allocated square footage of residential development per lot. The intent is to maintain a true "mixed-use" concept and not allow an entirely residential or totally commercial/office development to occur. The architectural theme is "early railroad station" style, utilizing three separate color schemes (included in your packet as Schemes A, B and C). Building materials include smooth plaster finish, wood trim and siding, and asphalt shingles. To be consistent with future street lighting along East Branch Street, the two light standards proposed shall simulate the old vintage style of the late 1800's to early 1900's. Detailed landscape plans will be required for each proposed building subject to consistency with the conceptual landscape plan. Also proposed is a name change for the intemal access, road from "Sterling Drive" to "East Village Circle" as part of the PUD process to more accurately ident'rfy the location of the project within the City and Village area. For emergency response reasons, the Fire Chief is not in favor of this particular name, stating that there are several street names in the City and greater county area with the word "village" that might cause confusion. However, if it is the will of the Pianning Commission, he wiil accept the name. The name change as proposed is included in the Resolution of approval. An alternate street name suggested by staff is "E.C. Loomis Circle", reflecting the name of the former owner and the important influence he had on Arroyo Grande's economic development. Staff Advisorv Committee (SAC) The SAC reviewed the project on May 21, 2002 (see Attachment 1 for meeting notes). Discussion focused on parking, traffic circulation and generation, fire flow and access, two-way left turn lane on East Branch Street, drivable access to the new manhole located on lot 10, lighting, and signage. Architectural Review Committee (ARC) The ARC considered this project on July 1, 2002 and offered the following recommendations (see Attachment 2 for meeting notes): 1. The materials should be more varied. 2. There should be relief to the horizontal massing on buildings 1,2, and 6. 3. Doors should be wood with glass or materials that approximate wood doors. 4. The windows should be wood or a material that approximates wood 5. Varied setbacks are appropriate. 6. All trash enclosures should match the main structures on the lot. -3- HEARING DATE: FBHNary 5, 2003 AGENDA ITEM: ll.A. 7. The buildings should vary in color and be consistent with the area and there should be three examples of colors. 8. There should be a palate of tree species for the site. 9. The shingles should be heavy asphalt shingles with heavy tabs like buildings 1 & 2. 10. The design is pedestrian friendly for office buildings, which may be ok for the transitional zone. 11. There should be decorative street treatments incorporated. The plans were revised and conditions of approval added to address these concems. DiscussioN The Land Use Element states that the "historic Village Core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists." As a policy; mixed uses are encouraged as a means to fulfill this qbjective. Because the Development Code is currently being updated to conform to the mixed-use policies of the General Plan, there are currently no Village Core standards to apply to this project and the Village Commercial zoning standards are used. The proposed buildingsetbacks, lot coverage, floor area ratio and conceptual landscaping plan are consistent with VC requirements. Parking and other issues are discussed below. The project is also subject to the Design Guidelines for Historic Districts. Desiqn Guidelines � The project is within Design Overlay District VC-2.4 and is subject to the Design Guidelines for Historic Districts revised in 1994 (Guidelines). The ARC reviewed the project on July 1, 2002 for consistency with the Guidelines. Since the project is located in the Village Commerciai District, it is subject to the Guidelines for the .Village Commercial District even though it is proposed as a mixed residential and commercial development, includes two existing residences and is surrounded by residential development. Given these constraints and that the requested approval is for a concept plan with specific development plans to be reviewed by ARC, several recommendations were developed to achieve consistency with the Guidelines. Conditions of Approyal Nos. 22-27 are conditions relating to these recommendations. Additionally, the applicant incorporated horizontal wood siding to vary the materials throughout the project and to address the massing on buildings 1, 2 and 6, that was specifically recommended by the ARC. The character of the proposed project is difficult to assess within the current Guidelines because the Guidelines for the Village Commercial District promote a historic downtown character. While the scale and massing of the project is consistent with other buildings within the Village Commercial district, it is considerably larger than neighboring structures. The current Guidelines do not provide specific direction for placing an allowed commercial or mixed-use complex within the fringe area of the Village Commercial District. 4 � � I HEARING DATE: F6bfU8IY 5, 2003 AGENDA ITEM: ll.A. Although the project is subject to the current Guidelines, staff has also assessed the proposal using the proposed revised Guidelines for reference, specifically the proposed guidelines for the Village Mixed Use area surrounding the core area of the Village Downtown. There are several specific proposed Guidelines that pertain to the proposed project. A key proposed Guideline states that when new structures are proposed that face a predominantly residential block, they should take on a residential design character regardless of the proposed use. Similarly, the project should be compatible with the adjoining area and use consistent architectural styles from the years 1870 to 1940. Additionally, new construction should include elements such as cladding, roofing material, roof structure and omamentation common to the district (this reference is to the proposed Village Mixed Use district.) Finally, as regards building design, the proposed Guidelines state that particular attention be given to the existing pattem of building facades that respect pedestrian or human scale and fa�ade designs. Given the direction from the proposed Guidelines, it is apparent that the project accomplishes most of the objectives. This proposal has a specific historic theme - early railroad station, and uses roof types generally associated with residential buildings. There are no large areas of blank wall that face the street and the materials proposed are common to the historic period and to the district. The Conditions of Approval from the ARC ensure that proposed details relating to doors, windows and ornamentation will reflect historic styles. There are two areas where it remains unclear whether the project meets the Guidelines; 1) the. scale of buildings 1 and 2 and 2) if these buildings are considered to have a pedestrian orientation. Despite varied siding, the scale of buiidings 1 and 2 are large in comparison to adjacent structures but not in comparison to the range in scale for buildings within the Village Commercial district. The Guidelines for the Village Commercial area list elements to promote pedestrian friendly development. Zero front setbacks are required for this purpose. The ARC discussed the intent of this requirement in relation to the character of the project site and iYs placement in proximity to residential structures with appropriate setbacks. It was determined that varied setbacks for mixed use development within the transitional area of the Village Commercial District are appropriate and allowable through the Planned Unit Development process. For reference, the proposed Guidelines state that new buildings in the Village Mixed Use area shall fit within the range of setbacks of the block. Proposed development along E. Branch Street is oriented to the street and includes several pedestrian entrances, however, given the slope of the site, entrances for proposed buildings 1 and 2 are on the second levei. ARC discussion revealed that the project is inviting to pedestrians for office, service or residential use, but may not adequately achieve the pedestrian connectivity to the Village downtown for retail shopping needs. Condition of Approval No. 28 requires that pedestrian access be augmented for any proposed retail use for proposed buildings 1 or 2. The importance of appropriate landscaping was discussed as an important design element of the project. The ARC recommended that riparian vegetation be emphasized _5_ _ _- -_ __ . - - HEARiNG DnTE: Fe6ruary 5,2003 AGENDA ITEM: IL A. for the proposed project. This recommendation is reflected in Condition of Approval No. 17c. Planned Si�n Pro�ram The proposed sign package for the project is entirely conceptual and closely emulates the sign ordinance regulations of the Development Code and the sign guidelines for the Village Commercial District of the Design Guidelines. See Exhibits 61-B5 of the attached Resolution approving the PSP for details of the proposed signage. Individual signs will be subject to the Viliage Design Guidelines, the City's Sign Ordinance (Development Code Chapter 16.60), and Architectural Review. .As conditioned, all proposed signs must be made of wood, or materials that simulate wood. ISSUES DISCUSSED IN THE INITIAL STUDY Traffic The proposed mixed-use project is estimated to generate 595 average daily trips (ADT) and 71 P.M. peak hour trips based on the Traffic Impact Study conducted by Cannon & Associates for the project (reference Attachment B of the Initial Study). The study concludes that the proposed project will not degrade the level of service below "C" along the segment of East Branch Street studied. Another study used to evaluate traffic impacts for this project is the Traffic and Circulation Study prepared by Associated Transportation Engineers (ATE) for the Creekside Center Project Draft Environmental Impact Report (DEIR). The study analyzes the cumulative traffic volumes for the study area and concludes that area roadways and intersections would operate acceptably at a Level of Service "C" or better with cumulative + project traffic volumes except at General Plan build out, which is already rec�gnized as a regional overriding consideration. Caltrans reviewed the project with regard to project specific traffic impacts on Route 227 (East Branch Street) and determined that the added traffic volumes require specific mitigation to reduce project impacts (reference Attachment C of the Initial Study). Specifically, the section of East Branch Street fronting the project must be re-striped for a two-way-left-tum lane. To allow for this improvement, the eastbound lane curb must be painted red to eliminate on-street parking, which is equivalent to approximately thirteen (13) parking spaces. Altematively, the applicant can improve the full width of Route 227 and re-stripe the road to include on-street parking. To mitigate the loss of on street parking, the applicant must provide for an interim parking solution either on-site, or within 200 feet of the project site, until on-street parking can be accommodated on Route 227. Included as Attachment 3 is a Memorandum from the Public Works Department to Rob Strong regarding traffic related issues. Parkin The Development Code requires projects in the Village Commercial (VC) district to provide one (1) parking space for every 300 square feet of commercial floor area and separate parking for residential uses. The proposed on-site parking exceeds this requirement by ten (10) spaces with the "mixed-use" development scenario, and exceeds it by three (3) spaces with a completely commercial development. However, because of the thirteen (13) on-street spaces that will be lost to accommodate the two- -s- � HEARING DATE: F@bNBIY 5, 2003 AGENDA ITEM: ll.A. way-left-tum lane, the project is under parked by either three (3) spaces or ten (10) spaces, depending on the mix of development. Bioloqical Resources Arroyo Grande Creek runs through the subject property along its southem boundary. A twenry-five foot (25') wide easement, measured from top of bank following the length of the creekway, was recorded on the southern five (5) parcels of the subject property for the purpose of protecting biological resources. The easement specifically prohibits the construction or placement of any temporary or permanent structures, parking, grading, paving, storage of equipment or other materials, agricultural development, removal or alteration of native plants, keeping of animals, or any activ'ity that would accelerate soil erosion and subsequent sedimentation into Arroyo Grande Creek. Hazards The project site was previously used to store agricultural chemicals and remediation of the soil was completed in 1990 as indicated in the closure letter from the Califomia Regional Water Quality Control Board (reference Attachment D of the Initial Study). If any additional or previously unident�ed contamination is discovered at the site the owner remains responsible for testing and clean up of hazardous materials that may pose a threat to future construction workers and/or residents of the project site. Aesthetics As mentioned above, the project falls within the purview of the Design Guidelines for Historic Districts. Staff and the Architectural Review Committee (ARC) have reviewed the project against both the existing and proposed Design Guidelines and determined that the proposed architectural design features are consistent. PUBLIC COMMENTS: A public hearing notice was sent to ail property owners within 300 feet of the proposed project, the site was adequately posted with information about the public hearing, and a public notice was placed in the Times-Press-Recorder. Staff has not received any written correspondence to date regarding the project. ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the Califomia Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CEQA. Based on the review, staff does not anticipate that this project will have a significant effect on the environment. Therefore, staff has prepared a negative declaration with mitigation measures for the Planning Commission's consideration (see Initial Study, Attachment 4). RECOMMENDATION Staff recommends that the Planning Commission adopt the attached Resolutions thereby approving the Planned Unit Development and Planned Sign Program. _�_ - _ _. _ I HEARING DATE: FBbNery 5,2003 ��� AGENDA ITEM: IL A. Attachments: Resolution approving Planned Unit Development Case No. 02-001 Exhibit A: Conditions of Approval Exhibits B1-B11: Project Plans Resolution approving Planned Sign Program Case No. 02-004 Exhibit A: Conditions of Approval Exhibits B1-65: Project Plans 1. Staff Advisory Committee Meeting Notes of May 21, 2002 2. Architectural Review Committee Meeting Notes of July 1, 2002 3. Memorandum from the Public Works Department to Rob Strong dated January 31, 2003 4. Initial Study Attachment A: Hydrogeologic Assessment by Pacific Geoscience, Inc. (January 8, 1987) Attachment B: Traffic Impact Study conducted by Cannon & Associates (November 2002) Attachment C: Letter from Caltrans (December 19, 2002) Attachment D: Closure Letter from RWQCB (March 15, 1990) -s- RESOLUTION NO. � A RESOLUTION OF THE PLANNING COMMISSION OF , THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING PLANNED UNIT DEVELOPMENT NO. 02-001 WITH ASSOCIATED ARCHITECTURAL REVIEW (EAST VILLAGE PLAZA), LOCATED AT 520, 522 and 528 EAST BRANCH STREET, APPLIED FOR BY DB&M PROPERTIES WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Planned Unit Development No. 02-001, filed by DB&M Properties, to construct a mixed- use project in the VC District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the Califomia Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Planned Unit Development Permit Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 4. Adequate public services eXist, or will be provided in accordance wfth the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. � , — - - _ __ _ _ ; � RESOLUTION N0. PAGE 2 j 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing muitiple-family and single-family residential uses in the surrounding area. 6. The improvements required, and the manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project site, inGuding, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a more efficient use of the land and an exceNence of design greater than that which could be achieyed through the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. Architectural Review Findings: 1. The proposal is consistent with the general Architectural Guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. 4. The general appearance of'the proposal is in keeping with the character of the neighbofiood. 5. The proposal is not detrimental to the orderiy and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the Califomia Environmental Quality Act (CEQA), for Planned Unit Development No. 02-001. 2. Based on the inftial study, a Mitigated Negative' Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. . � 3. After holding a public hearing pursuant to State and City Codes, and considering ' the record as a whole, the City Council adopts a negative declaration and finds � ----___... ; RESOWTION N0. PAGE 3 that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Planning Commission finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Secretary to file a Notice of Determination, and approves Planned Unit Development No. 02-001, with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference. On motion by Commissioner , seconded by Commissioner , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 5"'day of February, 2003. ATTEST: LYN REARDON�MITH, JOHN KEEN, VICE-CHAIR COMMISSION CLERK AS TO CONTENT: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR 4 I' 1 --� RESOLUTION N0. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNED UNIT DEVELOPMENT NO. 02-001 DB�M Properties 520, 522 and 528 East Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the site and building design for a mixed-use project located on ten (10) existing lots as described in the project plans contained in Exhibits B1-B11, attached to this Resolution and incorporated herein by reference. Also approved is a road name change of the one-way loop intemal driveway from "Steriing Drive" to "East Village Circle". 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Planned Unit Development Permit 02-001. 3. This application shall automatically expire on February 5, 2005 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to � the Planning Commission at the meeting of February 5, 2003 and marked Exhibits j "B1- B11" except as modified by these conditions of approval. ' ; 5. The applicant shall, as a condition of approval of this tenta6ve or final map � application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or ° proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is I brought within the time period provided for by law. This condition is subject to the ; provisions of Govemment Code Section 66474.9, which are incorporated by reference herein as though set forth in full. � NOISE � 6. Construction shall be limited to between the hours of 8am and 7pm Monday i through Saturday. No construction shall occur on Sunday. _ _ _ _ - RESOLUTION NO. PAGE 5 DEVELOPMENT CODE 7. Development shall conform to the VC zoning requirements except as othen�vise approved. 8. If the final grading plan requires retaining walls/fences greater than six feet in height, the Community Development Director may approve walls/fences up to eight feet in height along the rear property lines to allow for additional privacy. The applicant shall obtain an approved Minor Exception or Variance for any wall- fence combinations over 6 feet in height. 9. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Planned Sign Program Case No. 02-004. 10. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 71 feet. LIGHTING 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. 12. The two (2) light standards along East Branch Street shall simulate the old vintage style of the late 1800's to early 1900's. WATER 13. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. SOLID WASTE 14. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of masonry or concrete with an exterior finish that complements the architectural features of the main building. The trash enclosure area shall accommodate recycling container(s). 15. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. RESOLUTION NO. PAGE 6 PRIOR TO ISSUING A BUILDING PERMIT: 16. The Community Development Director shall approve plans for trash enclosures. 17. A landscaping and irrigation plan shall be prepared by a licensed landscape architect for each lot subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. 4. The selection of groundcover plant species shall inGude native plants. 5. Tree selection shall include native riparian species. 6. Linear planters shall be provided in the parking area. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 18. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 19. The developer shall paint a test patch, including all colors, on each building seeking a certificate of occupancy. The remainder of the building may not be painted until inspected by the Community Development Department or Buitding and Fire Department to verify that colors are consistent with one of the approved color boards. A 48-hour notice is required for this inspection. 20. All electrical panel boxes shall be located within a building. ARCHITECTURAL REVIEW COMMITTEE 21. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view behind the parapets, or with materials architecturally compatible with the main structure. 22. The doors of the commercial structures shall be made of wood, or materials that approximate wood. Preferably, the use of glass should be incorporated. 1 RESOLUTION NO. PAGE 7 23. The windows shall be made of wood, or materials that approximate wood. 24. All trash enclosures shall match the main structures on the lot. 25. The buildings shall vary in color and be consistent with the approved color boards. 26. The roof materials for all buildings shall be made of asphalt shingles with heavy tabs, similar to that proposed for buildings 1 and 2. 27. Decorative treatments, such as stamped concrete, shall be used at both access points. 28. Pedestrian access shall be augmented for any proposed retail use proposed for buildings 1 or 2. PARKS AND RECREATION DEPARTMENT CONDITIONS 29. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 30. Linear root barriers shall be used at the front of the project to protect the sidewalks. 31. All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 32. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 33. The applicant shall install a burglar alarm system for all commercial buildings per Police Department guidelines, and pay the Police Department alarm permit application fee. 34. The applicant shall post designated fire lanes, per Section 22500.1 of the Califomia Vehicle Code. 35. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT 36. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. ---- _ _ _ _ ___ _. _ J. RESOLUTION N0. PAGE 8 37. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 38. The project shall have a fire flow of 1,500 gallons per minute for a duration of two hours. 39. Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. PRIOR TO ISSUING A BUILDING PERMIT: 40. The applicant shall obtain acceptance of all previously installed public improvements by the City. 41. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 42. The applicant shall obtain County Health Department approval for any proposed food service. 43. The applicant shall provide Fire Department approved access and required fire flows, or sprinkler-system per National Fire Protection Association Standards. PRIOR TO OCCUPANCY: 44. The applicant must provide an approved "security key vaulY' per Building and Fire Department guidelines. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 45. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilyties shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 46. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 47. Gradinq Plan - All grading shall be done in accordance with the City Municipal Code Section 13.24. _ - - _--- - _ _ --� RESOWTION NO. PAGE 9 48. Parkinq lot stripinq — The parking lot spaces shall be delineated with double ' striping. 49. Street reaairs — The applicant shall replace any cracked or broken curb, gutter, sidewalk, or driveway approach on the property, and shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. 50. Sewer access - The applicant shall provide paved access to the newly installed sewer manhole, which ties the new sewer line into the existing sewer line. 51 . Drainas�e facilities - All on-site private drainage structures shall be equipped with a fossil filter and debris catcher. The applicant shall implement a regular maintenance and cleaning program for the on-site drainage facilities. Both the filters and the maintenance program shall be subject to the approval ot the director of Public Works. 52. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the °Procedure for Protesting Fees, Dedications, Reservations or Exactions"is provided below). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or wRhin 90 days after the --___ RESOLUTION NO. PAGE 10 date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. , (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. UTILITIES 53. All existing public utilities, located on the property or are within the right-of-way adjacent to the property shall be placed underground. 54. All new public utilities shall be installed as underground facilities. 55. All improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 56. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. PRIOR TO ACCEPTANCE OF PREVIOUSLY INSTALLED PUBLIC IMPROVEMENTS: 57. The applicant shall complete all improvements shown on the approved plans prepared by Vaughn Surveys and approved December 21, 2001. Any changes to these pians shall be approved by the Director of Public Works. 58. The applicant shall enter into an improvement agreement for the warranty of the previously installed improvements. As part of this agreement, the applicant shall place a warranty security with the City. The value of the bond shall be 10% of the improvements and shall be in place for a period of one (1) year. The improvement agreement shall be in a form acceptable to the City. 59. The applicant shall provide reproducible mylars and electronic (e.g. Autocad) files of the record drawings (as builts) stamped and signed by the engineer of work. RESOWTION NO. PAGE 11 PRIOR TO ISSUING A BUILDING PERMIT: 60. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, 2 sets of prints of the approved record drawings (as-builts) and electronic (e.g. Autocad) files where available. PRIOR TO A CERTIFICATE OF OCCUPANCY: . 61. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 62. All public utilities shall be operational. 63. All improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monito�ing departmeM or agency that the mitigation measures have been implemented. Mitigation Measures: MITIGATION MEASURES 1. The project shall comply with the most recent Uniform Building Code (UBC) guidelines. 2. Utilities should be designed with as much flexibility as practical to tolerate potential differential movement without becoming disconnected or broken. 3. Land with slopes greater than 25% shall not be developed. For Measures 1-3: Monitoring: Review of building plans/site inspection Responsible Department: Building Department Timeframe: Prior to issuance of a Certificate of Occupancy 4. The applicant shall prepare and submit a grading and erosion control plan that complies with the requirements of the City's Grading Ordinance, and includes the following measures: RESOLUTION NO. PAGE 12 a. Silt basins and fences or straw bales shall be installed and maintained along drainage paths during construction to contain on-site soils until bare slopes are vegetated. Graded soils shall be carefully stockpiled away from drainages. b. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. c. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast- germinating native grass seed and watered until vegetation is established. The applicant shall describe the vegetative practices to be used, including the types of seeds and fertilizer and their application rates, and the schedule for maintenance and upkeep. d. Filters shall be installed at all drain inlets to help prevent contamination to Arroyo Grande Creek. Monitoring: Review of final grading plans/site inspection Responsible Department: Public Worics Department � Timeframe: Prior to issuance of a Grading Permit 5. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, Pay an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit 6. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. MonitoNng: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit I � __ — RESOLUTION N0. PAGE 13 7. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip imgation, and mulch. Lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit 8. The applicant shall submit detailed drainage calculations indicating that increased runoff can be accommodated by existing facilities to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior fo issuance of a grading permit 9. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later moming and after work is completed for the day and whenever wind exceeds 15 miles per hour. 10. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 12. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. 13. Sweep streets at the end of each day 'rf visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. For Measures 9-13: Monitoring: Review of grading and building plans and site inspections Responsible Department: The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permft � RESOLUTION N0. PAGE 14 14. The section of Route 227 immediately adjacent to and along the length of the project shall be re-striped to delineate and create a 12 to 14 foot wide, TwaWay- Left-Tum-Lane to accommodate left-tum movements into and out of the project site. 15. The utility pole that currently exists near the northbound shoulder of Route 227 shall be removed. 16. The eastbound lane's curb shall be painted red to disallow on-street parking (equivalent to roughly 15 parking spaces) along the length of the project. In lieu of disallowing on-street parking, the applicant has the option of removing the asphalt- concrete on the westbound lane, and grading that lane to an acceptable, continuous gradient the length of the project adjacent to Route 227 and then resurfacing and re-striping to accommodate the TwaWay-Left-Tum-Lane. If on- street parking is eliminated, the applicant shall provide for temporary use of one or more lots improved for interim off-street parking. 17. The applicant shall attach a rider to the existing Encroachment Permit for the above-referenced improvements on Route 227. Contact Mr. Steve Senet, Senior Permit Engineer at 549-3206 for more information regarding the Rider to the Encroachment Permit. For Measures 14-17: Monitoring: The applicant shall submit a letter of acknowledgement from the Caltrans Department Permits Office to the City acknowledging that the above improvements have been completed. Responsible Department: Public Works Department Timeframe: Prior to issuance of a Certificate of Occupancy 18. The applicant shall pay the Ciry's Traffic Signalization and Transportation Facilities Impact fees prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to issuance of a building permft 19. Each parcel shall provide on-site parking equivalent to one (1) space for every 250 square feet of commercial floor area and iwo (2) spaces for each residendal unit. In lieu of providing on-site parking, the developer can either: 1) Widen East Branch Street to accommodate on-street parking along the length of the project; or 2) Enter into a temporary "Common Parking Facilities" agreement with an owner of property located within two hundred feet (200') of the subject parcel if the total number of combined parking spaces provided is equal to or less than the sum of the requirements for individual uses. This will require approval of a Temporary Use Permit (TUP). � s , ; I RESOLUTION N0. PAGE 75 Mooitoring: The developer of each parcel shall submit an application for a Temporary Use Permit (TUP) with documentation showing adequate parking. Responsible Department: Community Development and Public Works Departments Timeframe: Prior to issuance of a building permit 20. Private and construction vehicle traffic shall be limited to those areas away from the southem edge of the subject property to reduce the likelihood of bank failure and subsequent sedimentation to Arroyo Grande Creek. 21. No fueling or maintenance of equipment shall take place at the site. Mechanical equipment shall be serviced in designated staging areas located outside the 25- foot setback area. 22. Siltation/sedimentation control measures shall be implemented along the entire southem property boundary prior to site construction. Such control measures shall include sediment fences and/or hay bales placed into the hinge of the bank of Arroyo Grande Creek. Erosion/sediment control bamcades shall be placed around the perimeter of each construction zone with the potential to drain to the Creek. 23. To reduce surface water runoff and sedimentation into Arroyo Grande Creek, site earthwork shall be limited to those months within the established dry season (April 15 through October 15) unless othervvise approved by the Director of Public Works. 24. Soil shall not be stockpiled in areas located near the eastem property margin adjacent to Arroyo Grande Creek, or in area5 that have potential to drain to the Creek. Stockpiled soil should be properiy covered at all times to avoid wind and water erosion, and consequent siltation to the Creek. 25. No work shall be performed beyond the top of bank without a permit from the Califomia Department of Fish and Game (CDFG). If any work is proposed in this area, a Riparian Restoration Plan shall be prepared by a qualfied restoratioNrevegetation biologist. The plan shall be submitted to the City and CDFG for review and approval prior to issuance of a grading or building peRnit for h the project. Landscape plans for the creek setback area shall be reviewed by the � Architectural Review Committee (ARC) prior to building permit. � � 26. The applicant shall submit a Notice of Intent (NOI) to the Regional Water Quality �' Control Board (RWQCB) to obtain a State Water Resources Control Board s General Construction Storm Water Permit. This shall inGude formulation of a Stonn Water PolluUon Prevention Plan (SWPP) and implementation of Best � Management Practices to reduce water quality impacts. The applicant shall retain a copy of the SWPP on site for implementation and periodic inspection purposes. r`. I RESOLUTION NO. PAGE 16 For Measures 20-26: Monitoring: Site inspections Responsible Department: Public Works Department Timeframe: During construction 27. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 28. All construction activities shall be limited to the hours of 8:00 AM to 7:00 PM Monday through Saturday. No construction shall occur on Sunday. Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction 29. The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shaN be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures." Monitoring: Construction plans shall be reviewed prior to issuance of a grading permit to ensure the note is in place. Responsible Department: PublicWorks Department � Timeframe: Prior to issuance of grading permit ` ,, � i; � � , EXHIBIT B1 �d � � O � � ';.,i . � , � � i � �: y � �� o � � � ��� ;, , A � [ � � � �� � � � �' '�' � ,� � d ��6 � �� � �;� ��� �.� �. r � ��������� ����� ��� ���[ �� � �� ������� �� ��#� ��F �� � � � r � s� � �� "a'......,-� i !�� ���� n O �� � � r °��P � . q � � � � �e � � � • � � � , ; - � �"�d �' ' ' � � �, .. � r � ► �� � ����► a � � � N � �. A � i EAST VILLAGE PLAZA ��. , DlCcMPBOPER7IES�LLC . �tCd. ARROYOGRATIDQG ' � ,�,� � . , i __ . m _ _ � . � _ .. _ , � . . �� . W EAS ._:Yi. LAGE_ .P AZA _ , •e i , ' � '°"'°""fu"��""''. S T R E �E T � � � I .EAS T B. AA N�CH. .. - . � ' . }_ r,�` . . 'q- . L_- � , . i' i O � ` i . , . � ;. .� .. C . . �� �. . -. . �� . - ' � . �, I � �- ,$ _ ��5 � - p w �a ,, — p ---- Y ' , � ��� t � ;I 4 , m 0 0. \ O � � i�r ��.�;�' i i tYii�=k . . '�'i�� � ' � xq,:-• p�,F ' .,_ l.�,�4,� � 'N �.;� ;. y� i - . . ..;w- ..�..��� ..s., ^'"".'"' �R'{�, � ". `. f+g . ` � , ,u.' . . . � . ,-. . � ,' . � � i+ . . �_��- . � . . . � . � . ���-- ARGHITE.G'I'tiRA1�_S.ITE .k1..AN � - � —'� � � �merxurvet.wumutEO . . . a�aer.m . . . . . .. . . . , . _ . . .,._.. .. .. ' 'n , i EXHIBIT B3 + �..._..._._ c€ i.....-•-•- i� � � iiiiliiiPiF I� ;�,it����[e�. �@ � � ;�;CfEi:G6i !� �i���FE�6g: �� � � � ' 4564E5FG465 i� f e�..ot.::ee �� i � � � 1 i,........_ F� r_.. i� � /" �� huftiuur�� / . . iI �'ii�96P9igi / --- " ! e o CI i 9 / (� �CCCGiCiiiit � 0 � m 7� � i � �ccccsac.�c{'�$ � ; O > t4 / �, � H Eeccebe:ceE� � ✓ � � - - -- ; ,. I -i . 7 I ' 01 e �, � e Ecccot�.:lF � o m y/- A n � r� 9 � I I,� O e�' 9 . � I e 'Z ._.. 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DB k M PROPE1I71FS,LCC pU��gl Cp,� ARROYOGRAND6,G ' .�,r.�� _ � � ' � - - � - � + '/�r i�", � �: '� ,= ,,,:" ' . 6 - � + �t'1 —� — '= � -- .. — :.��� _'. ° � ��_. � c .. = � __ k' � �fl�y . �� � "�eE' �ic—'f'F s.: ,�!•' *'�. -��-- _�:_.: � _.--.--- �—� -�r 9 --� —._-- -- �r � �/ _ ��`—._ � - i �r "!"� � "� "' �• , :I •� ' " :, , ; .�, — � - . �'��r� .�, ,� � — — ,� rr` . :� n �i,. - — , n �i.. � e ..���1. .i.. �AIC •'YE _ __ _ .. ._ . -- - -- - _ _ ,���,,; -` _ - _� � � _ _ � � :�ti �i r ",��:��"�' 1�' ��� yi�le�o�i����� �I��+ lrl�� - - _.-, : „ .:., ;, .� I�'��a JI= i - _ _ °_ .N�1{�. . -- -- — _ _ .—_-- % M��o.�.� �. ; ��.�. �n�.:: . . � : „ .,. � EXHIBIT B5 ,_ � � ,t�, �' ;��, ,;: ��, ; , � . _ _ ��:� � : \... ' ; ; � � �- �, , � ' _ � ' � �� ��� , - - �� : � , ; ' � � ' I i ' ! � ' � k � S �� �� � ' � " I � L �� � �� -,��. - „y i . M�(�1 . . :..� :�`a'r4y,��y�� � . � � �W � .� . , � � �� � ( '` ' trl7 p� i i tr7 � . � . . . Y � 'rl : � aO � � ` a' O� t 1 y ro �" ' � � � t � �,` � ';�3; , � � EAST VILLAGB PLAZA �' DDtYPROPWIi�S,I.I,C ARROYOG1tANDQG � .._..-_--__.. � _.. .i _ . _. a� � , � = �`_ — � W i � � � � I / � . ; - R _ � _ -= � � -_ * : i _ ��^.,.a°r � ;.-;;: ,r:,�� ; I I '` - i � i � . ;: , � , ' ': � �. , ,, ; � l ' �� I � q .i7�Cty ' � „ i� . . a ! � �, i i .. �� .. I � i... . ___- - . . a � L � � . i�� . � Jafm/ncasr�.�.+ � � '_— ` o. I �' _\ ' � �\ ___ Y���uwo w« � . � � . e � i �, � =vu�. � � �� vu � ___9DPLela�_�q'NL ._ � � -__ ____-_-___, ��� � �., tA C s — ��.�� `,,._.. s ��� r.�-z� W I� .,, , , � ,� �,�� � tTMz� u.ul,., �._ _, - � , �, � j �S r, __ `� ` , �n _� ,u__ I ..., . - �'�Y =, _ - -= .i ..: _:. � . , �„` _ -' . 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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLANNED SIGN PROGRAM CASE NO. 02-004, APPLIED FOR BY D68�M PROPERTIES, FOR PROPERTY LOCATED AT 520, 522 and 528 EAST BRANCH STREET (EAST VILLAGE PLAZA) WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application by DB&M Properties for Planned Sign Program Case No. 02-004, wfth Architectural Review, for buildings associated with the "East Village Plaza" located at 520, 522 and 528 East Branch Street; and WHEREAS, the Planning Commission has found that this Planned Sign Program and architectural review is consistent with the General Plan and Environmental Documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the Califomia Environmental Quality Act (CEQA) and has determined that the project is categorically exempt per CEQA Guidelines Section 15311 (a); and WHEREAS, the Planning Commission finds, after due study, deliberation and pubiic hearing, the following circumstances exist: 1. The proposed signs are consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan. 2. The proposed signs conform to applicable development standards and provisions of the Development Code, and will not be detrimental to the public health, safety or welfare. 3. The physical location or placement of the signs are compatible with the surrounding neighborhood and do not pose a safery risk. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Planned Sign Program Case No. 02-004, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. I _ - _ -- i RESOLUTION NO. PAGE 2 On motion by Commissioner , seconded by Commissioner , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 5"'day of February, 2003. ATTEST: LYN REARDON-SMITH, JOHN KEEN, VICE-CHAIR COMMISSION CLERK AS TO CONTENT: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR I _ _ _ _ _ -- - � RESOLUTION NO. PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNED SIGN PROGRAM CASE NO. 02-004 D68�M Properties 520, 522 and 528 East Branch Street GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes the conceptual signage for"East Village Plaza" as described in the project plans contained in Exhibits B1-B5, attached to this Resolution and incorporated herein by reference. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Planned Sign Program Case No. 02-004. 3. This application shall automatically expire on February 5, 2005 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 5, 2003, included herein as Exhibits 61-65, except as otherwise modified by these Conditions of Approval. 5. The applicant shall agree to defend at his/her sole expense any adion brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the a�emative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attomey's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. All signs shall be made of wood, or materials that simulate wood. _ _ _ _ I RESOLUTION NO. PAGE 4 DEVELOPMENT CODE 7. Signage shall conform to the Village Design Guidelines and Sign Ordinance except as otherwise approved. ARCHITECTURAL REVIEW COMMITTEE 8. The Architectural Review Committee shall review all proposed signage for East Village Plaza. 9. All UL listing labels shall be located on the top of the sign so that it is not visible from below. BUILDING AND FIRE DEPARTMENT CONDITION 10. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the Ciry of Arroyo Grande. 11. The applicant shall obtain any necessary permits from the City's Fire and Building Department, as determined by the Chief Building Inspector. EXHIBIT 61 I EAST VILLAGE PLAZA CONCEPTUAL SIGN PROGRAM The folbwing signs and sign program concepts are proposed for ihe East�Ilage Plaza project: Exempt signs • DirecBonal signs. Parking lot,traific directional, handicap signs,etc. • Exterior Wall Murais. Murals that do rat oontain any oommer�ial message,bgo or text • Temporary Sales and Events. Banners,signs w materials promoting a special-sale or event Monument Signs � • One two-faced monumeM sign bcated at each driveway with ffie name of the complex and a directory of tenants. Maximum of 8'above grade with a ma�dmum area of 40 sf(each face). • Sign design and materials to be compatible with architecture of complex. No plastic or interior illumination pertnitted. Wall Signs • Signs for each business or tenant, with the number of such signs allowed befng equivalent to the number of buiiding faces having a public entrance to Uie business. The albwed area for the wall signs shall be 15% of U►e building face, up to a maximum area of 40 sf. Such wall signs may be bcated on building faces other than those wrih public entrances. • Sign design and materials to be compatible with archRecture of complex. No plastic or iMerior illumination permi8ed. Suspended Signs • One suspended sign with a ma�dmum area of 10 sf for each business or tenant. Such suspended signs may be in addition to any wall sign that may be proposed, but must be located on 1he same lwilding face as the public entrance. • Sign design and materials to be compaUble with architecture of complex. No plastic or interior illumination permitted. Prolectin9 Si9�s . • One projecting sign with a maximum area of 20 sf for each business or tenant. Such projecting signs may be in addition to any wall sign that may be proposed, but must be located on the same building face as the puaic entrance. • Sig� design and materials to be compatible with arch$ecture of complex. No plastic or interior illuminadon permitted. Marquee Sign • Marquee sigriing for each business or tenant,with a maximum area of 40 sf. Marquee sigrcage to be of a similar and/w compatible g►aphic and IeHering as oU�er signage on the subject building. i`. EXHIBIT 62 Outdoor LigMing • Outdoor lighting of signs is to be used for fhe purpose of illumination only. Light sources ere to be designed and adjusted to direct light away from any road or street with minimum iliumination. Where IigMs are used for the purpose of illuminating signs or accenting building wails, signs, flags, architectural features, or landscaping, the light source is to be shielded so as not to be direcny visible from off-site. 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G'� � (�'i yy V�; u...,..rci2•q� � � ! �Y�.x•o' ' ����`�"��v'Sy'rit I T" a��`,`�'ti'g'"}%K'.`'b>'Ci:��,:,��' ��•`�i'� q�.�.5i�t.tjT. � , .�'..�,1�.ti.�`.fi�,�:�+2.t, . 1 � � � ;� j ) A.t�� . � , � ( � I � '.i�+�w.�..�w"'� 1f ' F � { if 1 � .e �' ` � �� ~ ���� i i � c� '���;'. . . � 1i t � . '. -._..._... A .' .r.� '���:" 1� ,4`� �',� .tY:,� .`.,�: i s �.s,� iy �t,� ,� f� I�''+. \`rlV, !�-?I'�c: ��4�.t I . J ' i l I I � � �� r� - -__„ NOTES ATTACHMENT 1 STAFF ADVISORY COMMITTEE MAY 21, 2002 ROLL CALL: Present: Community Development: Larry Schmidt Building Rob Stong Director Rodger Olds/Mike Linn Public Works Kelly Heffernon Associste Planner Terry Flbich Fire Depsrtment Ryan Foster Planning Intem Diane Sheeley Economic Development Steve Andrews Police Absent: Dsn Hemandez Parks, Recreation & Facilhies Terry Flbich Fire Department APPROVAL OF NOTES: — The notes of April 23, 2002 were approved with minor changes from Public Works. I. Oral Communications - Persons in the audience may discuss business not scheduled on this agenda — None II. PROJECTS A. Planned Unk Development 02-001; 520 East Branch Street Joe Boud, project representative • Project includes flexibility for mixed-use development. ,f • "Early railroad station" architectural style. Rob Strong, Community Development Director • Possible pedestrian trail along rear of project. Roger Olds, Associate Engineer � • Retum style driveways are preferable. • Maintain City access to sewer lines. • Site plan should include overlay to show drainage. • Portions of the parking lots are within creek setback. • Project may require sewer mitigation fees. ,' Larry Schmidt, Chief Building Inspector ; • How much can individual buildings deviate from the Master Plan? i Rob Strong ; • The ARC would review individual projects. � • Buildings can be downsized, but not upsized. , � Larry Schmidt i • Won't know fire flow requirements until building permits are issued. • Project must be sprinkled if fire flow/access can't be met. i - I , ' SAC Meeting i May 21, 2002 � Page 2 � � • May need a fire hydrant every 300' along project frontage. Kelly Heffernon, Associate Planner • Lack of pedestrian access along Branch Street is a concern (Guidelines). Steve Andrews, Police Department • Concerned about left turns onto Branch Street from project. Kelly Heffernon • A conceptual lighting plan will need to be submitted before going to ARC. • Also need complete elevations, preliminary landscape plan, location of trash receptacles, a colors/materials board and an outline for a Pianned Sign Program. B. Variance 02-002; Paseo Street Kelly Heffernon • The applicant is requesting a waiver of curb, gutter & sidewalk and side yard setback requirements. Roger Olds • The installation of sidewalk may not be appropriate at this time; however, curb and gutter will need to be installed. • A logical termination point for existing sidewalk also needs to be created/installed. Rob Strong • He expressed concern with location of gate on Paseo Street. • The City may consider abandoning a portion of Paseo Street. Roger Olds • Abandonment would be a complicated process. C. Conditional Use Permit 02-006; 345 Halcyon Road Teresa McClish, Associate Planner • CUP to expand hospital parking lot. • No change to Fair Oaks access. • Applicant needs to submit overall site plan before staff can determine parking requirements. Rob Strong • What type of parking is being proposed? Richard Sandoval, project applicant • The parking lot would accommodate patients and visitors Teresa McClish i� � � SAC Meeting May 21, 2002 Page 3 � • May want to address access between parking lots (one-way) Roger Olds • Proposal is an improvement over existing i • Include rounded retums on site plan • Drainage and runoff filter maintenance program will be included in conditions of approval Rob Strong • Need to include frontage treatment (i.e. wall or landscaped berm) • Also need hammerhead turnaround at the end of parking lot Teresa McClish • Eastern rosebud is not on City's list of approved trees • Lighting must comply with Development Code Richard Sandoval • Is it possible to install a left-turn arrow at Fair Oaks/Halcyon intersection? Roger Olds • That would be a matter for the Traffic Commission; you may submit a letter with request to the Traffic Commission. Larry Schmidt • A building permit would be required for this project. • Need a letter from a certified archeologist (Chumashl. • Must comply with ADA requirements. D. Vesting Tentative Parcel Map 02-001 and Plenned Unit Development 02-002; 1060 Maple Street Teresa McClish • Proposal is to split existing parcel into four single-family lots, which would be less than the minimum size of 7,200 square-feet required for the district (PUD►. • There are problems regarding density. • The proposed lots are too small, even for a Planned Unit Development. Terry Payne, project representative • We could reconfigure the project with three lots instead of four. • Could this project be processed as a Variance instead of PUD7 Rob Strong • No, this can only be processed as a PUD. • Even three lots may be too many for a site of this size, but legally non- conforming. ! � i 1 � � � i i . l � Notes � Special ARC Meeting ATTACHMENT 2 3 July 1, 2002 � Page 5 • The light standards have been tested and create no interference with the wireless i equipment. ' Melanie Hodaes: • Commented that co-location is a great idea. A motion was made by Chuck Fellows, seconded by Melanie Hodges to recommend the Planning Commission approve Conditional Use Permit 01-011 as submitted. Ayes: 4 Noes: 0 Absent: Committee Member Ohler F. DB&M Propertiea, LLC, Planned Unit Development 02-001 & Planned Sign Program 02- 004, 520, 522 & 528 E. Branch Street Chuck Fellows also stepped down from this project due to the fact that Mr. FeHows lives within 500 feet of the project. Kelly Heffernon presented the project. Kelly stated that a lot line adjustment had been previously approved for this site and the project is now back as a PUD. The Department is currently looking at Mixed Uses: not all elevations are completed. We do not want the update of the Design Guidelines to hold up this project. Joe Boud stated that the plan is for the eastern gateway of the Village. The goal is to balance parking and square footage as well as create a marketable project. The main constraints are the creek setback, sewer easement, the existing residences, as well as the slope. The buildings have a zero setback, the decking and shutters will ali be wood and the walls will be smooth stucco which fit with the railroad theme. We are processing this as a PUD so that we can have uses come in without each one having to do a separate Conditional Use Permit. There will be a common driveway, maintenance, and parking requirements. The landscaping pian is general at this time; however, when building plans come in individually a more detailed landscape plan will be submitted. Richard DeBlauw, applicant, stated that it would be good to have one PUD plan approved for the entire project site so that it will be easier to proceed with future development. Teresa McClish stated that this conceptual plan would be approved with conditions so that more specific plans for each individual lot development can be brought back in with more detailed plans fo� ARC review. Susan Flores, 529 East Branch Street, a community member across the street, stated that she has concerns with the access on Branch Street and the traffic flow. Mike McConville, 529 East Branch Street, a community member who has concems with � traffic flow and the possible restriction of turning into their driveways. They would like a ° two-way turn lane. I -- I i ' Notes ' Special ARC Meeting July 1, 2002 � Page 6 � IKristen Barneiech, a community member, had questions concerning the height and stucco � surface. Mrs. Barneiech had a letter she read to the Committee as well as photos of other � similar mixed-use complexes in California. Harriet Schrager, 755 Dodson, a community member stated that this project is too large of a scale for the Village. Rob Strong stated that the uniformity of the design is a concern and a model may help people to see the terrain and scope of the project. Warren Hoag noted that a model would help. He stated that this design might be too modern and questioned if it is pedestrian friendly. He would like to see topographic information of the neighboring properties, all the elevations and the building heights clearly labeled on the plans. Teresa McClish stated that the project fits within the standards of the Development Code, and that the setbacks are varied in this area and the project can have up to a zero setback. Warren Hoag asked the Committee if the varying setbacks are acceptable and the Committee agreed. He also asked if the ARC thought the project was pedestrian friendiy? He then summarized that if it is an office building it is probably pedestrian friendly enough, however if it is for retail then it is not very pedestrian friendly. Chet Kielan noted that a model would be appropriate for this project. The applicant stated that the sidewalks are going to be standard concrete with stamped concrete at the entrances and the lighting will match that of the Village. The project does fit within the street treatments of the surrounding neighborhood. Joe Boud noted that all trash enclosures wili match the predominant building. Warren Hoag would like to see a palette of tree species that will be located on the site. The Committee agreed that there is too much stucco and that different materials should be incorporeted. Also the building planes or faces should be broken up a little with some depth so that there is not just one flat wall. The Branch Street elevations should use wood or something that approximates the look of wood. The ARC recommended that: 1. The materials should be more varied. 2. There should be relief to the horizontal massing on buildings 1,2, and 9. 3. Doors should be wood with glass or materials that approximate wood doors. 4. The windows should be wood or a material that approximates wood 5. Varied setbacks are appropriate. � 1 Notes ! Special ARC Meeting July 1, 2002 � Page 7 � 6. All trash enciosures should match the main structures on the lot. � 7. The buildings should vary in color and be consistent with the area and there should be ! three examples of colors. � 8. There should be a palate of tree species forthe site. 9. The shingles should be heavy asphalt shingles with heavy tabs like buildings 1 & 2. 10.The design is pedestrian friendly for an office building which may be ok for the transitional zone. 11. There should be decorative street treatments incorporated. IV. UPDATE OF PROJECTS The Community Development Department has not yet received the comments from the VIA or the Chamber on the Guidelines and there will be no special meeting on July 15. V. WRITTEN COMMUNICATIONS/STAFF COMMENTS No written Communications at this time. VI. AWOURNMENT The meeting was adjourned at 5:10 p.m. � i ' — __ _ _ — -- - i � � � I ; � �. i � ; ' O� pRROY�C ;, � INCOqVOqATED Z ATTACHMENT 3 � V O i # ,��� �o, �o�� * MEMORANDUM I c9��FORN�P . . i TO: ROB STRONG, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER RODGER OLDS, ASSOCIATE CIVIL ENGINEER �,.�.�. SUBJECT: PUD 02-001, EAST VILLAGE PLAZA; 528 EAST BRANCH STREET 3 DATE: JANUARY 31, 200� DISCUSSION: The Public Works Department has reviewed the East Village Plaza project located at 528 East Branch Street across from Crown Terrace. The applicant has submitted a traffic impact study dated November 2002 prepared by Cannon Associates. The study does not provide an analysis of any intersections, and does not analyze projected cumulative trips. A proposal was made that this study could be supplemented with the traffic analysis for the Creekside project, which is located at the Loomis fed store less than 400' away. The Creekside traffic study does not provide A.M. peak hour analysis for the intersections identified in the project scope of work. The Public Works Department cannot make a recommendation for any required improvements to mitigate traffic impacts until an acceptable study has been provided. Although the traffic analyses provided to date do not conform to the City's Traffic Impact Study Policy, East Branch (State Route 227) is owned and maintained by Caltrans. Caltrans has reviewed the available tra�c information, and has determined acceptable mitigation measures for this project. i'; j' f�� � r �. � 1 � �: �, � �. � � [ R � pRROy� ° ��A ATTACHMENT 4 hM/CORPOqATE � � ° CITY OF ARROYO GRANDE * �"" 'o. +°" * " INITIAL STUDY " � c9��FORN�P . 1. Project Title: Planned Unit Development 02-001 (East Village Plaza) 2. Lead Agency Name & City of Arroyo Grande Address: P.O. Box 550/214 E. Branch Street Arroyo Grande, CA 93421 3. Contact Peroon & Phone #: Kelly Heffernon, Associate Pianner (805) 473-5420 4. Project Location: 520, 522 and 528 East Branch Street Arroyo Grande, CA 93420 i'4 -5 ���' 6R81�E�. � � 5. Project Sponsor's Name & Aoplicant: DB&M Properties Reoresentative: Joseph Boud & Assoc. Address: 411 EI Camino Real 1009 Morro St., Suite 206 Arroyo Grande, CA San Luis Obispa, CA 93420 93401 (805) 489-7448 (805) 543-0565 ; 6. Generol Plan Deaignation: Village Core (VC) � £ 7. Zoning: Village Commercial (VC) ;: ;' ' � ' i _ . _ _ � ------------ 8. Project Description: The proposed project establishes conceptual design standards for a mixed-use development located on ten (10) existing commercial lots. The total site area is 2.4 acres and is located at the east entrance of the Arroyo Grande Village. The East Village Plaza includes development of 8,674 square feet of residential floor area and 16,198 square feet of commercial/office floor area. A total of 84 parking spaces are provided. 9. Other Agencies whose approval is required (and permits needed): California Department of Transportation (Caltrans, District 5) Regional Water Quality Control Board (RWQCB) I � ; I i � � - 2 - DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that ahhough the proposed project could have a significant effect on the environment, there will not be a significant effect in this case bacause the mhigation measures described on an attached sheet nave been added to the project. A NEGATIVE DECLAR,4TION will be prapared. X I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effectls) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legai standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a 'potentially significant impacY or "potentially significant unless mkigated". An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. �'�,� � _ i//y/o3 Sign ure Date ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "POTENTIALLY SIGNIFICANT IMPACT" or "POTENTIALLY IS SIGNIFICANT UNLESS MITIGATED", as indicated by the checklist on the following pages. o Land Use and Planning • Biological Resources o Public Services o Population and Housing o Energy and Mineral Resources o Utilitiee and S�vice Systems • Geophysical o Hazards a Aesthetica •Water •Noise •Cukural Resources •Air Quality o Mandatory Findings of Significance o Recreation •Trensportation/Circulation EVAWATION OF ENVIRONMENTAL IMPACTS 1. A brief exp/enation is required for a//answers except No /mpact"answers that are edequate/y supported by the inlormation sources a/eed egency cites in the paientheses fol%wing eech question. A "No Impact" question is adequately supported if the referenced information sources show that the impact simply daes not apply to projects like the one invoMed (e.g., the project falls outside a fault rupture zonel. A "No ImpacY answer should be explai�ed where it is based on project apecif� factors as well as generel standarda (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysisl. ! 2. All answers must take accaunt of the whole action involved, including off-site as well as on-site, cumulative as well as project- level, indirect as well as direct, and construction as well as operations impacts. 3. "Potentially Signiticant ImpacY is appropriate if an effect is significant or potentially significant, or is the lead agency lacks ` information to make a finding of insignificance. If there are one or more 'Potentially Significant Impact" entries when the determinatioo-is made, an EIR is required. 4. "Potentially Significant Unless Mkigated" applies where the incorporetion of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measuras I and briefly explain how they reduce the effect ta a less than significant level (mkigation measures from Section XVII, "Earlier i Analyses", may be cross referenced.) � ; 5. Earlier analysas may be used whera, pursuant ta the tiering, progrem EIR, or other CE�A proceas, an effect has been � adequately analyzed in an earlier EIR or negative declaretion. Section 150631c11311D�. Earlier analyses are diacuased in Section � XVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts le.g., � general plana, zoning ordinancesl. A Source List should be attached and other sources used or individuals should be ched in the discussion. - 3 - Po�tl� �seaes(and Supporting Information Sources►: Po�� ��°°e Leas Th�n S/gMAcant UM9ss Sdp�lPcent No �mPact MiNgsted /mpact /mpeC� I. LAND USE AND PLANNING. Woukl the proposa/,• a) Conflict with general plan designation or zoning? (source lflsl: 1.2.3.4) X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Isource Jflsl: 1.61 X cl Affect agricultural resources or operations(e.g., impacts to soils or fartnlands, or impacts from incompatible land usesll (source JJlsl: 11� x d) Disrupt or divide the physical arrangement of an established community(including a low-income or minority community�7 (source 8�s1: 2,4,111 x II. POPULATION AND HOUSINO: Wadd the propnsal,• a) Cumulatively exceed official regional or local population projectionst (saurce#Isl: 1,5,9) x b) Induce substantial growth in an area either directly or indirectly le.g., through projects in an undeveloped area or eMension af major infrastructurelt Isource Xlsl: 9,101 X cl Displace existing housing, especially aftordable housingt Isource�Isl: 9.10,11) X III. OEOPHYSICAL: Wadd ths propasa/resu/t/n oi expose PeoPb to potentld Wnpscta k�vo/v�g: al Seismicity: fault rupturet Isource #Isl: 5,61 X b) Seismicity: ground shaking or liquefactionl Isource 11�s1: 5,6� X � c) Seismicity: seiche or tsunami7 (source��sl: 5,6) X d) Landslides or mudslides7 (source#Isl: 5,6) x I i e) Erosion, changes in topagraphy or unstable soils i conditions from excavation, grading or fill7 (source#Is1: 10) X � f) Subsidence of land7 �source #Isl: 5,6) X g) Expansive soils7 (source#(sl: 5,6) X E h) Unique gealogic or physical featurest �source #Is1: x 5,6,10,11� i IV. WATER: Wordd dre PmPnad resu/t in: � a) Changes in absorption rates, drainage patterns, or the x rate and amount of surface runoff7 (source klsl: 10) i b) Exposure to people or property to water related hazards j such as floodingt (source #Isl: 8) X f c) Discharge into surface waters or other alteration of � surface water quality(e.g., temperature, dissoNed � oxygen or turbidity7 (source iflsl: 91 X , i d) Changes in the amount of surface water in any water I, bodyt (source klsl: 9, 10) X - 4 - — � Pors�,are�y Issuesland Supportinglnformation Sourcesl: Po�� �^�1�t Lesa Than S/9���t UrtAass Sl�✓/lc�nr No /mp�ct M/tlgsted /mplct /��� e) Changes in currents, or the course or direction of water movementsl (source�Isl: 9, 10) X f) Change in the quantity of ground waters, either throuph direct addhions or withdrawals, ar through interception of an aquifer by cuts or excavationst Isource�t�sl: 9, 101 x g) Altered direction or rate of flow of groundwater? (source;C�sl: 9, 10) X h) Impacts to groundwater qualityl Isource#Isl: 9,10) x i) Substantial reduction in the amount of water otherwisa available for public water suppliesl (source#Is�: 6) x V. AIR QUALITY: Wordd Nro proposs/.• a) Violate any air quality standard or contribute ta an existing a projected air quality violation7 x Isource#lal: 7, 131 b) Expose senshive receptors to pollutantst (source k�sl: 10, 11� x c) Alter air movement, moisture, or tempereture, or cause any change in climate7 (source 111s1: 9) X d) Create objectionable odors7 (source/1�s1: 9,10) x VI. TRANSPOHTATION/CIRCULATION. Would the proposa/ iesu/t in: a) Increased vehicle trips or traffic congestion? (source x Nlsl: 131 b) Hazards to safety from design features Ie.g., sharp curves or dangerous intersections) or incompatible uses x (e.g., farm equipmentlt (saurce#Is1: 9, 10) c) Inadequate emergency access or access to nearby sitesl Isource#�sl: 9, 101 x d) Insufficient parking capac'rcy on-site or off-she� (source X � +Ylsl: 3, 9, 101 ! el HazaMs or barriers for pedestrians or bicyclists7 (source � #Isl: 9. 101 X � f) Conflicts wkh adopted policies supporting alternative I transportation (e.g., bus tumouts, bicycle racksl7 ! Isource#Is1: 9, 101 X E VII. BIOLOGICAL RESOURCES. Wou/d the proposa/result in impacts to: � a) Endangered,threatened or rare species or their habkats ! (including but not limited ta plants, fish, insects, ' animals, and birds7 (source p�sl: 61 x i b) Locally designated species (e.g., heritage treesll Isource;�Is1: 10, 111 X c) Locally designated natural cammunities (e.g., oak forest, coastal habitatp (source A�Is�: 10, 11� x i d) Wetland habitat (e.g., marsh, riparian and vernal pooql i Isource#Isl: 11� ; X � 1 el Wildlife dispersal or migration covidors? Isource Alsl: 11� X I - 5 - VIII.ENERGY AND MINERAL pESOURCES. Wou/d the proposa/.• a) Conflict with adopted energy conservation plans? Isource!llsl: 7. 61 X b) Use non-renewable resaurces in a wasteful and inefficient manner7 (source #Isl: 9, 10) X IX. HAZARpS. Wou/d the proposa/involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiationt (source�Isl: 9) x b) Possible interference witFi an emergency response plan or emergency evacuation plant (source q�sl: 9, 10) X cl The creation of any heakh hazard or potantial health hazardt �saurce#Isl: 9, 10) X d) Exposure of people to existing sources of potential heakh hazards? Isource#�sl: 9,10,11) X e) Increased fire hazard in areas with flammable brush, grass, or treest (source�Yls): 10, 11) x X. NOISE. Wou/d the proposa/iesult in: a) Increases in existing noise levels? (source#Isl: 1, 9) x b) Exposure of people to severe noise levels? Isource#Isl: 9, 101 x XI. PUBLIC SERVICES. Wou/d the proposa/have an eHect upon, or resu/t in a need tor new or eltered govemment services in any of the to/%wing areas: a� Fre Protection7 Isource#Is�: 61 x b) Police Protectiont (source #Isl: 6) X c) Schools? Isource#Isl: 6) X d) Maintenance of public facilities, including roads, sewer sY�em7 X (source X�sl: 61 e) Other governmental servicest (source;Cls�: 6) X � XII. UTILITIES AND SERVICE SYSTEMS. Wou/d ffie proposal ! resuh in a need for new systems, oi substentia/eherations , to the fo/%wing uSlities: a) Power or natural gast (source#Is1: 9, 10) X � bl Communications systemst (source#Is1: 9, 101 x c) Local or regional water Veatment or distribution X I facilitiest Isaurce�(s�: 81 i d) Storm water drainaget (source#Isl: 6) X e) Solid waste disposall (source qlsl: 6) X XIII.AESTHETICS. WouM the proposak a) Affect a scenic vista or scenic highway7 Isource #Isl: 1. 10, 11� � b) Have a demonstrable negative aesthetic effectl Isource#�s1: 9, 10, 111 X i c) Create light or glarel (source#Is1: 9,10) X ; i i _ g _ XIV. CULTURAL RESOURCES. Would the proposah. a) Disturb paleontological resourcest (source//Is1: 6, 11� X b) Disturb archaeological resources (source/l�sl: 6, 11� x c) Affect historical resources? (source #Isl: 6, 11� X d) Have the potential to cause a physical change, which would affect unique ethnic cultural values? (source #�sl: 11) X e) Restrict existing religious or sacred uses within the � potential impact areal (source#Isl; 10, 111 X XV. RECREATION. Wou/d the proposaL• al Increase the demand for neighborhood or regional parks or other recreational facilities7 (source Alsl: 1, 3� X b) Affect existing recreational oppartunities? Isource#Isl: 1, 5� x XVI. MANDATORY FINDINGS OF SIQNIFICANCE. a) Does the project have the potential to deprade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population ta drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endanpered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory7 X b) Does the project have the potential to achieve short- term,to the disadvantage of long-term, environmental goals7 X c) Does the project have impacts thst are individually limked, but cumulatively considerablel ("Cumulatively considerable" means that the incremental effects of a project are conaiderable when viewed in connection wkh the effects of past projects, the effects of other curtent projects, and the affects of probable future projects.) � . x ��1 d) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectlyt X f XVII. EARUER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEDA process, one or more effects have � been adequately analyzed in an earlier EIR or negative declaration. Section 150631c11311D1. In this case, a discussion � should identify the fol�owing on attached sheets: al Earlier analyses used. Identify earlier analyses and state where they are available for review. : b) Impacta adequately addressed. Identify which effects from the above checklist were withio the scope of and ;� adequately analyzed by ea�lier documents. c) Midgation Measurea. For effects that are "potentially significant" or "potentially significant unless mitigated", � describe the mitigation measures which were incorporated or refined from the earlier document and the extent to i which they address site-specific candhions for the project. � . � ��N: N+b�k Fkewrcq CaES S�ctiom 27083�ntl 41087. � Rehrence: PUblk Petourw Cotls S�cyp�u p1080�c1,27080.1, 21pgp.3, 21082.7,21083,47083.3,Y7083, 21084, 27761;SunEetrom v.Counry of MenOOCino,102 GI.App. 3d 298 (18881;L�niroH v.MonMay Bp�rp oI Sup�rHmp,222 C�I.App.3tl 7337 119801. I I _ ] _ -- I SOURCE LIST: 1. City of Arroyo Grende General Plan 2. City of Arroyo Grande General Plan Land Use Map 3. City of Arroyo Grande Development Code 4. City of Arroyo Grande Zoning Map 5. City of Arroyo Grende Existing Setting and Community Issues Report 6. City of Arroyo Grande General Plan EIR; Sewer Master Plan 7. Air Pollution Control District Clean Air Plan 8. FEMA - Flood Insurance Rate Map 9. Project Description 10. Project Plans 11. Site Inspection 12. Ordinance 431 C. S. 13. Institute of Traffic Engineers (ITE) Trio Generation Manual ENVIRONMENTAL SETTING: The project site is located at the eastem entrance to the Arroyo Grande Village and consists of ten (10) parcels totaling 2.4 acres. Bordering the property to the north is East Branch Street, and to the south is Arroyo Grande Creek. Surrounding the site is developed residential properly to the north and east and commercial development (retail) to the west. With the exception of the creek banks, the project site is fnostly level. The � creek is roughly 30 feet below the level area of the project site and is bounded by banks that are both steep 4 and gently sloping. Dense riparian vegetation covers the areas that are more gently sloping. The remainder j of the site is void of vegetation as a result of recent grading activities. I A large warehouse for the storage of agricultural chemicals formerly occupied the majority of the site. The warehouse has since been removed and remediation of the soil was completed in 1990. The two existing residences on the project site are proposed to remain, but may be converted to an office or other commercial use. PROJECT DESCRIPTION The applicant is proposing a mixed-use developmeM consisting of retail, office and residenUal uses. The � intent of the Planned Unit Development (PUD) process for this particular project is to establish a uniform � architectural theme and development plan while allowing property owners the flexibility in devetoping a parcel f with their choice of use (commercial, office and/or residential). The estimated breakdown for the mixed-use � development is 8,674 square feet of residential floor area and 16,198 square feet of commercial/office space. The amount of open space remaining on each parcel ranges from 20% to 76%. Adequate parking is provided � on each parcel for a project total of 84 parking spaces. � The project would be accessed from East Branch Street by a one-way internal loop road, with the ingress ? located on the lower, or westem end. Landscaping would be provided along the East Branch Street frontage and within the parking areas for each parcel. Drainage will be accomplished by a drainage system that will 8 convey runoff from on-site sources. The project will be served by a public water system, and thus will have no direct or indirect impact on groundwater resources. The project plans also show an option for an exdusively commercial development. The primary difference beriveen the mixed-use project and the entirely commercial project is the amount of required parking, with the latter requiring seven (7) additional spaces. Parking related issues are discussed in greater detail under Section VI (Transportation/Circulation). EXPLANATIONS TO INITIAL STUDY CHECKLIST: I. LAND USE AND PLANNING The 2001 Land Use Element identifies this area as Village Core (VC), which provides for mixed residen6al and commercial uses. The City is currenUy in the process of updating the Devebpment Code and zoning map for consistency with the General Plan starting with the Mixed Use districts. In the interim, the General Plan speafically enables Mixed Use developments in current Villay� Commeraal (VC), Highway Commeraal (HC), General Commeraal (GC) and Industrial (I) zones whereby any combination of mixed uses, or any project proposing a residential component in a commercial or industrial district shall be considered pursuant to Conditional Use Permit approval or Planned Unit Development Pertnit approval. In this qse, a Planned Unit Development is being processed to evaluate moced uses in the Village Commercial (VC)zoning district consistent with the General Plan. Analysis of Signfficance: Less than significant impact. II. POPULATION AND HOUSING The 2001 General Plan assumed approximately the same population and housing capacity as the adopted 1990 General Plan, although redistributed to indude new Mixed Use and V'tllage Commercial expansion. The proposed mixed-use project would provide up to eight (8) residendal units, accommodating approximately twenty (20) persons based on the City's average household size of 2.6 persons per househoid. This small population is within regional and local populatlon growth projections and therefore oonsistent with the 2001 General Plan. Analysis of Significance: Less than significant impact. III. GEOPHYSICAL Based on the General Plan and review of the Alquist-Priolo Zone Fault maps, the proposed project is not located on a known earthquake fault subject to rupture. The proposed project will be subject to the effects of periodic seismic events in the region, induding ground shaking. However, exposure to people from these events can generally be mitigated to an acceptable level of risk by following Unifortn Building Code � development standards. i Analysis of Significance: Potentially significant uniess mitigated. ( I Mitigation Measures: � 3 1. The project shall comply with the most recent Uniform Building Code (UBC)guidelines. i y 2. Utilities should be designed with as much flexibility as practical to tolerate potential ' differential movement without becoming disconnected or broken. 3. Land with slopes greater than 25% shall not be developed. I Monitoring: Review of building plans/site inspecUon ! Responsible Department: Building Department ;' Timefreme: Prior to issuance of a Certificate of Occupancy - 9 - The project site was graded within the last year and most of the infrastructure was installed during this time (water and sewer lines; curb, gutter and sidewalk along East Branch Street; widening of East Branch Street; and construction of the loop road). Other than standard construction grading and necessary design-specified soil compaction, the proposed project would not involve any substantial topographical changes. A preliminary grading and drainage plan has been prepared for the project. Although previously graded, the project will require additional cut (t 400 cubic yards) and fill (t 1,140 cubic yards) to develop the project as proposed. The exposure of surface soils to runoff during site grading and construction activities can result in erosion and sedimentation in local drainage systems and adjoining creek. According to a hydrogeologic assessment of the subject property by Pacific Geoscience, Inc. dated January 8, 1987, the site has two prominent soil types, the most prevalent being the Santa Luaa Very Shaly Ciay Loam (reference Attachment A). The permeability in this type of sofl is low, ranging from 0.6 to 2.0 inches per hour, and the available water capacity is also low, less than 5 inches per 60 inches of soil. Surtace runoff is therefore rapid and the probability of erosion is moderate to high. Analysts of Slgnfficance: Potentially signifiqnt unless mitigated. Mitigation Measures: 4. The applicant shall prepare and submit a grading and erosion control plan that complies with the requirements of the City's Grading Ordinance, and includes the following measures: a. Silt basins and fences or straw bales shall be installed and maintained along drainage paths during construction to contain on-site soils until bare slopes are vegetated. Graded soils shall be carefuily stockpiled away from drainages. b. Construction operations, especially grading operations, shall be confined as much as € possible to the dry season, in order to avoid erosion of disturbed soils. c. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. The applicant shall describe the vegetative practices to be used, including the types of seeds and fertilizer and their � application rates, and the schedule for maintenance and upkeep. � d. Fi�ters shall be installed at ali drain in�ets to help prevent contamination to Arroyo I Grande Creek. Monitoring: Review of final grading pians/site inspection Responstble Department: Public Works Department Timeframe: Prior to issuance of a Grading Pertnit IV. WATER � Development of the proposed project would require water for both domestic use and landscape irrigation. i The water consumption by this project would further reduce the City's supply of available water. This impact could be mitigated using water conserving designs, fixtures and landscaping and the development and implementation of an individual water program to neutralize water use. ; Analysis of Significance: Potentially significant unless mitigated. _ �p _ Mitigatfon Measures: 5. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, Pay an in lieu fee. Monftoring: Review of individual water program or payment of the in lieu fee Responsible Department: Pubiic Worics Department Timeframe: Prior to issuance of buiiding pertnit 6. All new construction shall uGlize fixtures and designs that minimize water usage. Such fixtures shall indude, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be instalied prior to final occupancy. MonitoNng: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 7. AI� landscaping shail be consistent with water conservation practioes inGuding the use of drought tolerant landscaping, drip irrigation, and mulch. Cawn areas and areas requiring spray irrigation shall be minimized. Monkoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department � Timeframe: Prior to issuance of building permit i f Surtace water discharge from the paved parlting areas to Arroyo Grande Creek could have significant � impacts to water quality. These impacts are discussed in greater detail under Sectlon VII (Biological { Resources). Analysis of Signiflcance: Potentially signficant unless mitigated. ' Mkigation Measures: See mitigaUon measures 20—26. DRAINAGE The project site is located in the Arroyo Grande Creek watershed. The project site is primarily located in Zone C, with a small section of the southerly border adjacent to the creek in Zone B, as shown on the � Federal Emergency Management Agency Flood Insurance Rate Map. Construction of the project will ; change absorption rates and the rate and amount of surtace runoff, which rnay contain pollutants from j parking areas and other non-point sources. Detaiied drainage calculations would be reviewed as part of the plan chedc process. Analysis of Signlflcance: Potentially significant unless miUgated. - 11 - Mitigation Measure: 8. The applicant shall submit detailed drainage calculations indicating that increased runoff can be accommodated by existing facilities to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timefreme: Prior to issuance of a grading permit V. AIR QUALIN In addition to the vehiGe trips generated by the project, construction activities would generate dust, which could cause potentially significant environmental impacts. In San Luis Obispo County, ozone and PM10 are the pollutants of primary concem, since state health- based standards for those are exceeded in portions of the county in most years. For this reason, San Luis Obispo County is considered to be in non-attainment of the state standards for both ozone and PM10. The major sources of PM10 include mineral quarries, grading, demolition, agricultural tilling, road dust and vehiGe exhaust. Grading and construction of the project would occur over a period of months. Short-term impacts related to dust generation from site preparation and grading could resuk in dust generation that could affect adjacent properties. Conditions placed on the projed would reduce short-tertn dust generation during construction of the project to less than significant levels. � Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. The dust control measures listed below shail be followed during construction of the project, and shall be shown on grading and building plans. , Analysis of Signiflcance: Potentially significant unless mitigated. � Mitigation Measures: 9. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehide movement damp enough to prevent dust from leaving the site. At a minimum, this would inGude wetting down such areas in the later moming and after work is completed for the day and whenever wind exceeds 15 miles per houc 10. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. ; i 11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least lwo feet of freeboard (minimum vertical distance between top of load and ' top of trailer) in accordance with CVC Section 23114. � i 12. Install wheel washers where vehides enter and exit unpaved roads on to streets, or wash off ! trucks and equipment leaving the site. � � 13. Sweep streets at the end of each day ff visible soil materiai is carried on to adjacent paved roads. Water sweepers with redaimed water should be used where feasible. - 12 - Monitoring: Review of grading and building plans and site inspections Responsible Department: The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permit Operation of the project would also generate approximately 595 new daily vehiGe trips, contributing to cumulative air quality impacts. Emissions from the trips generated would produce Iess than 10 Ibs./day of pollutants. Based on the San Luis Obispo County Air Pollution Control District (SLO APCD) emission thresholds, the proposed project would not have a significant adverse impact on air quality. Analysis of Significance: Less than signficant. VI. TRAFFIC The site ingress/egress is onto East Branch Straet, designated as an arterial street in the City's Circulation Element. The proposed mixed-use projed is estimated to generate 595 average daily trips (AD'� and 71 P.M. peak hour trips based on the Traffic Impact Study�nduded by Cannon &Associates dated November 2002 (Attachment B). The study conGudes that the proposed project wiN not degrade the level of service below"C"along the segment of East Branch Street studied. Another study used to evaluate traffic impacts for this project is the Tra�c and Circuladon Study prepared by Associated Transportation Engineers (ATE) for the Creekside Center Project Draft Environmental Impact Report (DEIR), currently in Administrative Draft form on file with the Commun�y Deveiopment Department. The Creekside Center project site is located less than 1,000 feet northwest of the subject property. The Traffic and Circulation Study analyzes the cumulative traffic volumes for the study area roadways and intersections using a list of approved and pending developments within the City. Consistent with the Impact Study mentioned above, this study condudes that area roadways and intersections would operate acceptably at a level of servioe C or better with cumuladve + project traffic volumes except at General Plan build out, already recognized as a regional overriding consideration. The Califomia Department of Transportation (Cattrans) has reviewed the project with regard to project specific traffic impacts on Route 227 (East Branch Street) and has detertnined that the added traffic volumes require the following specific mitigaHon to reduce project impacts (reference Attachment C). Analysis of Signiflcance: Potentially significant unless mitigated. Mitigation Meaaures: 14. The section of Route 227 immediately adjacent to and along the length of the project shall be re-striped to delineate and create a 12 to 14 foot wide, Two-Way-Left-Tum-Lane to accommodate left-tum movements into and out of the project ske. 15. The utility pole that currenUy exists near the northbound shoulder of Route 227 shall be removed. 16. The eastbound lane's curb shail be painted red to disallow on-street parking (equivalent to roughly 15 parking spaces) along the length of the project. In lieu of disalbwing on-street parking, the applicant has the option of removing the asphatt-concxete on tlie westbound lane, and grading that lane to an acceptable, contiAUOUS gradient the length of the project adjacent to Route 227 and then resurtaang and re-striping to accommodate the Two-Way- Left-Tum-Lane. If on-street parking is eliminated, the appiiqnt shaH provide for temporary use of one or more lots improved for interim off-street parking. _ 13 _ 17. The applicant shall attach a rider to the existing Encroachment Pertnit for the above- referenced improvements on Route 227. Contact Mr. Steve Senet, Senior Permit Engineer at 549-3206 for more information regarding the Rider to the Encroachment Permit. Monitoring: The applicant shall submit a letter of adcnowledgement from the Caltrans Department Permits Office to the City acknowledging that the above improvements have been completed. Responsible Department: Public Works Department Timeframe: Prior to issuance of a CeRificate of Occupancy Although the increase in vehicle trips is not anticipated to have a significant impact on existing levels of service on East Branch Street, the project traffic would contribute to the cumulatrve negative impact on the backbone arculation system. These long-range traffic impacts can be mitigated with implementation of the following measure. Matysis of Signiflcance: Poten6ally significant unless mitigated. Mitlgation Measure: 18. The appiicant shall pay the City's Traffic Signalization and Transportation Faalities Impact fees prior to issuance of building pertnit. Monitoring: The appiicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to issuanoe of a building permit The Development Code requires projects in the Village Commercial (VC) district to provide one (1) parking space for every 300 square feet of commercial floor area and separate parking for residentiat uses. The proposed parking spaces provide for ten (10) of the fifteen (15) on-street parking spaces that Caltrans suggests be eliminated along the East Branch Street frontage as part of the left podcet tum lane miUgation requirement. Based on a completely commercial use scenario, however, the project is equal to the one (1) space for every 300 square feet of floor area and therefore dces not compensate for the on-street parking that Caltrans has eliminated in the above mitigation requirement. Parking would therefore be insuffiaent. Analysis of Slgniflcance: Potentially significant unless mitigated. Mitigation Measure: 19. Each parcel shall provide on-site parking equivalent to one (1) space for every 250 square feet of commercial floor area and two (2) spaces for each residential unit. In lieu of providing on-site parking, the developer can either. 1) Widen East Branch Street to accommodate on-street parking along the length of the project; or 2) Enter into a temporary "Common Parking Faalities" agreement with an owner of property loca4ed within two hundred feet (200')of the subject parcel ff the total number of combined parking spaces provided is equal to or less than the sum of the requirements for individuai uses. This wili require approval of a Temporary Use Pertnit(TUP). � � Monitoring: The developer of each parcel shall submit an applicaUon for ` a Temporary Use Pertnit (TUP)with documentation showing adequate parking. 14 Responsible Department: Community Development and Public Works Departments Timeframe: Prior to issuance of a building permit VII. BIOLOGICAL RESOURCES Arroyo Grande Creek runs through the subject properly along its southem boundary. The centerline of the creek is roughly thirly feet (30') below the level area of the subject property. The top of creek bank is identified where abrupt declines towards the creek occur in combination with riparian vegetation. The remainder of the site is relatively flat and void of any vegetation due to recent grading activities. A twenty-five foot (25') wide easement, measured from top of bank following the length of the creekway, was recorded on the southem five (5) parcels of the subject property for the purpose of protecting biological resources. The easement speafically prohibits the construction or placement of any temporary or permanent structures, parking, grading, paving, storage of equipment or other materials, agricukural development, removal or afteration of native plants, keeping of animats, or any activity that would acxelerate soil erosion and subsequent sedimentation into Arroyo Grande Creek. Because of the proximity beriveen this project and the Creekside Center projed, much of the infortnation regarding biologiql resources is based on a biological resour� investigation conduded in April 2002 for the Creekside Center Project Environmental Impad Report, and on general information from existing reference materials about riparian habitat in this area. The Creekside Center project site is adjacent to Tally Ho Creek, which joins Arroyo Grande Creek just west of the project site. According to the study, there are two (2) federally threatened species and one (1) speaal-status wildlife specie known to occur within several miles of this area, induding the Califomia red-legAed frog (Rana aurora draytonii), steelhead (On�rhynchus mykiss), and southwestem pond turtle (Clertunys marmorata pallida). There are also severai non-threatened speaes of native plants and wildliFe that occur along riparian corridors in this area. Construction of the project may result in loss of and damage to existing vegetatioNbotanical resources and overall riparian habitat. These potential impacts �uld be avoided and/or minimized by implementation of proper erosion control methods during site construction. Long- tertn indirect impacts to sensitive riparian habitats and speaes can be addressed by engineering proper storm water collection basins, and by carefully distributing collected stortn water to the Arroyo Grande Creek cortidor. Matysis of Signiflcance: Potentially significant unless mitigated. Mitlgation Measures: 20. Private and construction vehicle traffic shall be limfted to those areas away from the southem edge of the subject properly to reduce the likelihood of bank failure and subsequent sedimentation to Arroyo Grande Creek. 21. No fueling or maintenance of equipment shall take place at the site. Mechanical equipment shall be serviced in designated staging areas located outside the 25-foot �� setback area. 'x � 22. Siltation/sedimentation control measures shall be implemented abng the entire southem property boundary prior to site consVucfion. Such control measures shall include sediment fences and/or hay bales placed into the hinge of the bank of Arroyo Grande j Creek. Erosion/sediment corttrol barricades shall be placed around the perimeter of each � construcUon zone with the potential to drain to the Creek. 23. To reduce surface water runoff and sedimentation into Arroyo Grande Creek, site earthwork shall be limited to those months within the established dry season (April 15 through October 15) unless othervvise approved by the Director of Public Works. ? - 75 - - 24. Soil shall not be stockpiled in areas located near the eastem properly margin adjacent to Arroyo Grande Creek, or in areas that have potential to drain to the Creek. Stockpiled soil should be properiy covered at all times to avoid wind and water erosion, and consequent siltation to the Creek. 25. No work shall be pertormed beyond the top of bank without a permit from the Califomia DepaRment of Fish and Game (CDFG). If any work is proposed in this area, a Riparian Restoration Plan shall be prepared by a qualified restoratioNrevegetation biologist. The plan shall be submitted to the City and CDFG for review and approval prior to issuance of a grading or buiiding pertnit for the project. Landscape plans for the creek setback area shall be reviewed by the Architectural Review Committee (ARC)prior to building pertnit. 26. The applicant shall submit a Notice of Intent (NOI) to the Regional Water Quality Control Board (RWQCB}to obtain a State Water Resources Control Board General Construction Stortn Water Permit. This shall indude formulation of a Stortn Water Poliution Prevention Plan (SWPP) and implementation of Best Management Practices to reduce water quality impacts. The applicant shall retain a copy of the SWPP on site for implementation and periodic inspection purposes. Monitoring: Site inspections Responsible Department: Public Works Department Timeframe: During construction IX. HAZARDS The project site was previously used to store agricuRural chemiqis and remediation of the soil was completed in 1990 as indicated in the closure letter from the California Regional Water Quality Control Board dated October 27, 1986 (reference Attachment 0). If any additlonal or previously unidentified contamination is discovered at the site the owner remains responsible for testing and dean up of hazardous materials that may pose a threat to future construction workers and/or residerrts of the project site. Analysis of Significance: Less than significant. X. NOISE SensiWe noise receptors include land uses that are most susceptible to noise disturbances, such as residences, hospitals, schools, and parks. The Noise Element of the Citys General Plan provides specific poliaes for new development that may impact sensitive receptors, and the City's Nase Ordinance implernents these poliaes. The proposed project will develop a site that is mostly undeveloped and adjaoent to residential land uses to the north, east and south. Existing residences in the project area would be exposed to short-term f noise impacts during the construction phase. This impact can be mitigated with imp�mentation of the ' measures listed below. Long-term noise impacts generated from the project are mosUy related to vehicle ` trips, which are within acceptable deabel ranges. Malysis of Significance: Potentially significant unless mitigated Mitlgation Measures: 27. All construction equipment shall be provided with well-maintained, functional mufflers to ; limit noise. � I I is 28. All c�nstruction activities shall be limited to the hours of 8:00 AM to 7:00 PM Monday through Saturday. No construction shall ocxur on Sunday. Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timefreme: During construction XI. PUBLIC SERVICES The proposed development is consistent with the 2001 General Plan designation for the site. Adequate fire and police services exist in the community to serve the project. The maximum number of dwelling units that could be constructed with this project is eight (8) and not considered a signficant impact to the school disVict. The applicant will pay its share of state mandated school impact fees at time of building permit issuance for residential new construction, or commercial conversion and new buildings. Per the Master Sewer Plan, approved November 13, 2001, the project wili add demand to portions of the City's sewer system that are currenUy over capaaty. Through the sewer hookup fees, the developer will pay the projecYs proportional share of impact fees to mitigate the additional demand. Analysis of Significance: Less than sign�cant. XII. UTILITIES AND SERVICE SYSTEMS The proposed project will not create a demand for new or aRered power, gas, communication systems, water treatment capaaty or solid waste disposal. The project can Ue into the e�usting infrastructure for these systems to serve the site. The project is within the expected demand for thase systems based on the land uses established in the General Plan and will be required to pay related development impact fees. Malysis of Signiflcance: Less than signficant. XIIL AESTHETICS CEQA Guidelines indicate that a project may have a signficant impact if it substantially degrades the existing visual character or quality of the site and its surroundings, cxeates a new source of substantial light or glare affecting day or night views, or a substantial effect on designated scenic highways or vistas. What constitutes a scenic resource or a substantial negative effect is usually deflned by community standards. In this case, the Land Use and Conservation and Open Space Elements of the General Plan contain policies designed to preserve important visual characteristics in the City. The project site is partially developed with two (2)single-family residential structures, proposed to remain, and the balance of the site is vacant with grading improvements recently completed. The proposed mixed-use development will not have a negative impact on a scenic vista or highway. The project inGudes a street landscaping plan for East Branch Street which will soften the visual irt�pact of the project with the surrounding neighborhood. The proposed project will also not create significant IigM or glare. The 2001 General Plan identifies Arroyo Grande Creek as a scenic resource. The proposed project dces k not propose any construction activities within twenty-five feet (25') of the top of creek bank, and therefore wiil not impact to the creek as a scenic resource. Because the project site is located at the eastem end of the designated Village Commercial District, it falls '' within the purview of the Design Guidelines for Historic Districts, adopted November 22, 1994. Staff and the Architectural Review Committee (ARC) have reviewed the project against both the existing and proposed Design Guidelines and determined that the proposed architectural desgn features are consistent. The Planned Unit Development offers the opportunity to coordinate design of ten (10) � othervvise individual lots where development would require separate Conditional Use Pertnits (CUPs). � 17 � -__ ___ _ Analysis of Significance: Less than signfiqnt. XIV. ARCHAEOLOGY The proposed project is not located in an area that has been identified as a known site for cultural resources. The project site has been graded for development, and previously graded during clean-up of hazardous materials so it is highly unlikely that any cultural resources are present on the site. However, as a precaution, if cultural resources are encountered during the construction process, development activities at the site should cease until a qualified archaeologist has been employed to view and assess the discovery and prepare a mitigation plan. Analysis of Signiflcance: Potentially significant unless mitigated Mitigatlon Measure: 29. The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shall be halted until the City has reviewed the resour�s for their significance. If human remains (burials) are encatntered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures." Monitoring: Construction plans shall be reviewed prior to issuance of a grading pertnit to ensure the note is in place. Responsible Department: Public Works Department Timeframe: Prior to issuance of grading permit XV. RECREATION The proposed mixed-use project would increase the demand for City park and recxeational faalities, but not to a significant level. Analysis of SigniBcance: Less than significant. � I E _ �a � _ __ . a � - i � . ATTACHMENT A HYDROGEOLOGIC ASSESSMENT OF - E.C. LOOMIS &c SONS PROPERTY, 522 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA �,' � f PACIFIC GEOSCIENCE, INC. Geotechnical Resoarch and Engineering - Materials Testing Laboratory ! 396 Buckley Road, San Luis Obispo, Ca. � • (805) 544-3276 i � PACIFIC GEOSCIENCE, iNC. Geotechnicel Reeearch and En�ineerina Matertale TesHn� l.aboratory �vs aaciu.ar w.(ws)sN•ava �AN LUfi O81tp0�CA 97W1 January 8, 1987 . Mr. Rob Strong Planning Mill One Buena Vista Avenue San Luis Obispo, CA 93401 SUBJECT: HYDROGEOLOGIC ASSESSMENT OF E.C. LOOMIS & SONS PROPERTY, 522 £AST BRANCH STREET, ARROYO GRANDE, CALIFORNIA. G2936 INTRODUC'�'T�N The E.C. Loomis and Sons property located at 522 East Branch Streot is the former site of a warehouse in which agricultural chemicals wero stored. The site is currently being investigated by Holguin and Associates Waste Managemeat Company with respect to _ soil contamination by agricultural chemicals. The services of Pacific Geoscience, Iac. were • retained to develop information pertinent to geologic and hydrogeologic conditions at the site. The assessment that follows is intended to present a broad overview of geologic and hydrogeologic conditions within the Loomis property and in the surrounding area and is based upon published references and unpublished data on file with the City of Arroyo � i° Grande. This assessment is limited in scope to available records; no new field �" investigations have been performed by this office. I' SITE DECrRIPTION The E.C. Loomis & Sons property is located at 522 East Branch Street in Arroyo Grande, California. The rectangular shaped parcel has an area of approximately two acres (Bowser Surveys, 1985). Bordering the parcel to the north is East Branch Street, to the south is Arroyo Grande Creek. The adjacent property to the west is developed with a single story commercial building, while that to the east is occupied by a single story residenca ' � PACIFIC GEOSCIENCE, INC. E.C. Loomis & Sons, G2936 2 January 8, 1987 Wiih the exception oC the creek banks, the subject site is primarily level. The creek is approximately 30 feet below the level area of the subject site, with banks that are near vertical in some areas. Dense vegetation covers the more gently sloping creek banks. A large warehouse formerly occupied the majority of the site. At this time, all that remains of the warehouse is the slab, foundation and part of a wall. At the eastera section of the site beyond the former locatioa of the warehouse, a single story residence and detached building are utilized for a workshop and office. AREA O O Y The subject site is located within the northeast trending Arroyo Grande Valley. This valley has a length of approximately eight miles and a width of one halF mile. The City of Arroyo Grande is at the southwest end of the valley. Surficial sediments in the valley consist of Quaternary alluvium averaging 100 feet in thickness along the creek channel (Goss and Reed 1969). Outcrops beyond the creek channel are various Quaternary and Tertiary sedimentary rocks in addition to sedimentary and ultrabasic rocks of Cretaceous and Jurassic age. The Cretaceous/Jurassic age rocks primarily outcrop at the higher. reaches of the Arroyo Grande Creek. The Tertiary/Quaternary sediments are prevatent within the lower reaches of the creek, and outcrop in the hills to the north and south of the Loomis property. In addition to unconsolidated Quaternary alluvium ;� underlying the subject site, the formations outcro �` pping within a one half mile radius of the � Loomis property are the Paso Robles, Pismo, Monterey, and Obispo (Hall, 1973). The Paso F Robles Formation is a � poorly sorted conglomerate that locally is of probable Pleistocene j age. The Pismo Formation locaily consists of Pliocene-age marine sandstones. The Miocene-age, Monterey Formation is characterized by cherty shales outcropping south of the Loomis site, and siltstone and claystone north of the site. The Obispo Formation, of ! I ' lower Miocene age, locally comprises tuffs and zeolite tuffs. The formations described above trend perpendicular to the valley. The rocks have • PACIFIC GEOSCIENCE, INC. E.C. Loomis & Sons, G2936 3 ]anuary 8, 1987 been folded into s scries of aorthwest trending anticlines and synclines (Hall, 1973). Locally, the primary fold is the Pismo Syncline; this fold's axis trends northwest and is inferred to lie approximately a mile east of the subject site (Fiall, 1973). SOIL TYPES The United States Department of Agriculture (1984) delineates two soil types as occurring within the Loomis property. The most prevalent is the Santa Lucia Very Shaly Clay Loam. This soil occurs within the eastern four-fifths of subject site. Permeability in the soil ranges from 0.6 to 2.0 inches per hour and the available water capacity is less than . 5 inches per 60 inches of soil. Surface runoff is rapid and the probability of erosion is moderate to high. - In the Unified Soil Classification System, the Santa Lucia Very Shaly Clay Loam is classified as a Clayey Gravet (GC). The liquid limit in this soil type typically ranges from 35 to 55 percent and the plasticity index range is normatly 15 to 25. The second soil type within the subject site occurs in the western one-fifth of the property. This soil is the Still Gravelly Sandy Clay Loam. Permeability in this soil type typically ranges from 0.2 to 0.6 inches per hour, with an available water capacity of 5 to 10 { inches per 60 inches of soil. Surface runoff is slow to moderate and the probability of erosion is slight. � f Due to its stratified nature the soil can range from a Clayey Gravel (GC) to a Sandy Clay (CL) when classified by the Unified Soils Classification System. The liquid limit of the soil is typically 20 to 40 percent moisture and the plasticity index is 5 to 20. I CLAY LAYERS AND AO ITARD � � The University of California, Riverside (Goss and Reed, 1969) performed a ' geophysical investigatioa of the Arroyo Grande Valtey. The study area extended the length of Arroyo Grande Creek from Lopez Dam to immediately west of Highway 101; the subject site was included within the southwesternmost geophysical survoy areas. i i � PAC1FlC GEOSCIENCE, INC. E.C. Loomis & Sons, G2936 4 January 8, 1987 One conclusion presented in the University of California report is that data for each of the study areas ". . . suggest impermeable layers, clayey in character, interfingering with the more permeable layers to the west and creating local changes in speciCic yield and hydraulic gradient" The geophysical indication of clay layers is in agreement with the ' mapped soil types discussed in the preceding section. It should be noted that clay layers in otherwise free-draining sediments can cause perched groundwater conditions (Driscoll, 1986). GROUNDWATER ONDITIOATS Arroyo Grande Creek is known to be a gaining stream in its lower reaches (Department of Water Resources, 1979). Therefore, in the area of the Loomis property groundwater flow would be in a southerly direction towards the creek. Prior to 1969 and the utilization of pipeline-conveyed Lopez Reservoir water, Arroyo Grande depended upon local groundwater for its municipal supply. The groundwater basin in 1969 was in an overdraft conditioa with the water table at a depth of 45 feet near the subject site (Goss and Reed, 1969). The water table has since rebounded (Department of Water Resources, 1979) and is approximately at creek level. The rebound is possibly a short term condition, however, since projected population increases will require increased utilization of } groundwaters. The Department of Water Resources anticipates overdraft conditions to re- occur in the 1990's, unless supplemental sources of water are developed. GROUNDWAT R U E AND O ALTTY Currently the groundwater of Arroyo Grande Valley supplies thc needs of municipal and agricultural users. The State of California, Department of Water Resources (1979) considers the mineral quality of groundwater in the Arroyo Grande area as I acceptable for domestic and agricuitural use. The deeper aquifers generally have a higher i I mineral concentration than the shallow aquifers. Agriculture upstroam of the City of = Arroyo Grande uses both shallow and deeper aquifers. There is some concern that the . -� PAC1FtC GEOSCIENCE, INC. E.C. Loomis & Sons, G2936 5 January 8, 1987 shallow aquifers may be degraded by agricultural returns originating upstream of the City of Arroyo Grande. Los Berros Creek, a tributary to Arroyo Grabde Creek, has high nitrate concentrations attributable to agriculture activities in Los Berros Valley (Department of Water Resources, 1979). Presently the.City of Arroyo Grande utilizes groundwater from a well field located approximately two miles downstream from the Loomis property. City records for these wells are incompiete. It appears that the shallowest depth For perforated casing is at 72 feet. Therefore, groundwater obtained from these wells is probably at a depth of at least 72 feet. A number of private wells are located within the city limits. These are either upstream of the subject site or located on the opposite bank of Arroyo Grande Creek. Since the creek is a gaining stream in this area, the welis on the opposite bank would utilize groundwaters separated by Arroyo Grande Creek from groundwater immediately beneath the subject sita S�iRFACE WATFRRr O ALITY AND 7CFS The principai drainage of the Arroyo Grande Valley is provided by Arroyo Grande K Creek. The watershed comprises 70,000 acres and tributaries include Lopez Canyon, Tar � ! Springs Creek and Los Berros Creek. � According to the California Department of Water Resources (1979), perennial flow � of Arroyo Grande Creek is maintained by release from Lopez Dam, from runoff, ` underflow, and irrigation returns. The quality of surface waters is good near the reservoir and ". . . deteriorates downstream as poor quality irrigation return enters the stream." The ; total dissolved solids (TDS) concentrations in the creek just upstream of the city limits exceed State of CaliCornia standards. Ultimately, the surface waters flow from Arroyo Grande Valley to the Arroyo ' Grande flood plain and then into the Pacific Ocean. Water in Arroyo Grande Creek is ' I i � PACIFIC GEOSCIENCE, INC. E.C. Loomis & Sons, G2936 6 ]anuary 8, 1987 diverted for agriculture upstream of the City of Arroyo Grande and streamflow replenishes the groundwater resources along its route from Lopez Dam to the ocean _ (Department of Water Resources, 1979). _ SUMMARY The hydrogeologic conditions of the Loomis property are characterized by a variety of soil types that are dominated by gravelly loams. Groundwater beneath the site is estimated at a depth of 25 to 30 feet, the approzimate level of Arroyo Grande Creek. A minor amount of perched groundwater may exist due to clay layers in the soil. , Groundwater flow is expected to be to the south as the creek is a gaining stream in this reach. The quality of subsurface waters meets State of California standards for domestic and agriculture uses. The private well closest to the subject site, approzimately one-half mile to the south, is utilized for irrigation purposes. Fiowever, this well and the next _ nearest well (which lies to the west near Highway ]O1) are on the opposite side of Arroyo Grande Creek. It is therefore likely that these wells utilize groundwaters that are separated by the creek from those beneath the Loomis property. Surface waters ori inate as � 8 precipitation within the Arroyo Grande Valley � watershed. The primary drainage for these waters is provided by Arroyo Grande Creok. . Surface waters are used upstream of Arroyo Grande for agriculture and also naturally recharge shallow aquifers. Within the city limits of Arroyo Grande, TDS coneentrations in surface waters exceed State of California limits. _ . Thank you for this opportunity to have been of service. If you have any questions or require additional information, please contact this office at your convenience. � Yours truly, , I PACIFIC GEOSCIENCE, INC. ' � �t� 1ti24.(�4� Ken Maloney, Staf eologist LOOMIS.RPT ' � • PAC1FlC GEOSCIENCE, INC. E.C. Loomis & Sons, G2936 7 January 8, 1987 " REFERENCES Bowser Surveys, Book 49 of Lice*+c�d curvevc of Paee 61 Doc a�153CL, County of San Luis Obispo, California. 1985. Driscoll, F.G., Groundwater and W »� Second Edition, Johnson Divisiaa,Saint Paul, - Minnesota. 1986. Goss, Ronatd and Reed, Les, rsoohvsica] InveQti¢ation of th Arrovo rande Below th _ I onez Dam and Re vmr_ Saa Luis Obispo, California. University of California Riversida June, 1969. Aail, C.A., California Divic9on of Mines and eoloev Man h �t #24 Arroyo Grande 15 Minute Quadrangla 1973. State of California Department.of Water Rosources, Groundwater in the Arrovo (:rnn�� Area. District Reoort. 1979. - United States Department of Agriculture, coil Survev of San Luis Obisoo o ntv California. County of San Luis Obispo, California. 1984. . I � i ; I � E ' I , � , � ATTACHMENT B � ► . � � � � EAST VILLAGE PLAZA ' Planned Commercial, Office & Residential Complex ` Village of Arroyo Grande, CA . � � � � � . . � Traffic Impact Study {` � November 2002 i� '' �QAOFESS/p , , yti�,Q`'��OQ�A L BF9�Fy� � � � i . � ,� � � * 8-30-04 � ,, �9�OF CAU4�Qa\P � !/ , 7 . oZ ' r Prepazed By: r ; � a�r�non r � C ASSOCIATES � 5005 Business Pazk North, Suite 102 ' ? Bakersfield,Califomia 93309 ' ? (661) 328-6280 i p � ! � I � I 1 r / . , East Villa2e Plaza VillaPe o,(Arrovo Grande Tra�c Imnact Studv � , TABLE OF CONTENTS / / ; I. INTRODUCTION....................................................................................................... i � II. PROJECT TRIP GENERATION AND DESIGN HOUR VOLUMES......................2 � , III. TRIP DISTRIBUTION................................................................................................2 , IV. TRIPASSIGNMENT..:...............................................................................................3 � , V. EXISTING AND PROJECTED TRAFFIC VOLUMES ............................................3 � VI. CAPACTTY ANALYSIS.............................................................................................3 � � VII. TRAFFIC SIGNALS...................................................................................................4 � VIiI. TRAFFIC ACCIDENTS.................................................. � , ............................................5 � IX. PARKINGANALYSIS...............................................................................................5 � X. RECOMMENTDATIONS ............................................ � 1 ..............................................5 ;' i � i � APPENDICES � � A: San Diego Association of Governments,Brief Guide to�ehiculu Traffic I � Generation Rates for the San Diego Region 1 ' � B: CalTrans Traf�ic 2001 Counts for Route 227 (East Branch Road) � C: Highway Capacity Manua12000, Chapter 10—Urban Street Concepts,pages 10-6 � — 10-10 i D: Pmject Frontage Photos ' i . � �� ! G:Ipro�1300110I09331CivillProJxtManagemmllProJec7NotulTra�cMalyrlsQctober200217Ya,(/lcS�udyReporcdoc j �. 1 ! � East Yillaee Plaza VillaQe ofArrovo Grande Tra tc Impact Studv � � I. INTRODUCTION jA. Land Use,Site and Study Area � The proposed project site consists of 10 adjacent parcels totaling 2.4 acres � (104,769.1 sq ft). The project site is located directly east of the Arroyo Grande ' Village Core along the south side of East Branch Street. The project site is bounded to the south by the Arroyo Grande Creek, to the east by residential and � school uses and to the west the commercial development of the Village. The � project site slopes gently downwazd from East Branch Street towazd the Arroyo , Grande Creek channel. � Five of the 10 parcels aze accessible directly from off East Branch Street. 1 Travelers approaching from the east or west will reach the proposed project site � from East Branch Street(State Route 227). Roadway access to the remaining 5 ' parcels is provided by Sterling Drive,which connects to the East Branch Street at the west and east sides of the property creating a looped street through the � property. Steriing Drive is a private roadway which the project is pmposing to ) rename`Bast Village Circle". � This Traffic Analysis study area is limited to East Branch Street along the project � frontage. 1 � B. Ezisting and Proposed Site Uses 3 ) The project site is zoned Village Commercial with a Design overlay(VC-D). : Currently,however, existing use is limited to two residentiai single family units. ? The pmj ect area was recently subdivided into l O lots (including the two residendai lots) and is vacant other than the construction of Sterling Drive across 7 the property. > � East Village Plaza is proposed as a commercial, office, and residenrial complex. The East Village Plaza Planned Development proposes to effect the coordinated � development of all 10 parcels with common driveways and shared pazking with > the goal of"cohesive urban developmenY'. The existing residences will be � incorporated into the project design on converted to commercial uses. Total , commercial and office space square footage for the entire 2.4 acres is 25,000 square feet. Residential development of upper levels of buildings is allowed,but 1 is not proposed at this time. The project as proposed provides 83 pazking spaces. 1 , Figure 1 shows the Project location and vicinity. 1 ) i 1 1 ► 1 � 1 i 1 1 � East Villare Plaza Vill�e ofArrovo Grande Trc��c Imaact Studx , , C. Existing and Proposed uses in the Vicinity of Site and Site Access + ' The existing use to the west is commercial, residential to the north and east with the Arroyo Grande Creek bordering on the south. � � , D. Existing and Proposed Roadways and Intersections � Uncontrolled intersections within the study area exist at Sterling Drive and Le � Point Terrace. Sterling Drive is proposed to be a one way drive traversing west to , east from and to East Branch Road. ► 1 ! , PROJECT TRIP GENERATION AND DESIGN HOUR VOLUMES � Per City of Arroyo Grande,Public Works Depaztment,Traffic Impact Study . ! Policy, dated Mazch 12, 2002, Trip Generation rates are provided in the San � DieQO Association of Govemments Trip Generarion Manual(Appendix A). ; Utilizing the SANDAG land use codes for single family residential, standazd commercial office, and specialty retail the following project traffic is shown in � Table 1. 1 i Ta6le 1: Pro'ect Generated Tra tc � Land Use Project Size Land Use Trip Rate/ Total AM Peak PM Peak � (#du or s� Weekday Hour Trips Hour � Trt s 1Y1 s • Existing 2 Single 10/du 20 2 2 � Residential Faznily (8%am, to remain Residential 10% m � Proposed 21,250 Standard 20/1000 sf 425 60 55 � Office• Commercial (14%am, O�ce 13% m � Proposed 3,750 Specialty 40/1000 sf 150 5 14 � Retail' Retail (3%am, 9% lri � Total 25 000 sf** 595 61 71 � Note: * 85%office, l5%retailofproposeddevelopment. � "'proposed commercial deve[opment plus exisNng residential � TRIP DISTRIBLTTION ) 1 Project generated traffic was assigned to the adjacent street based on the an � understanding of existing traffic patterns during the peak hours, characteristics of � the existing street network,knowledge of trip attractors and the quantity of generated trips relative to the area. Directional distribution of 65%to/from the ► westerly Village and 35%to/from the easterly residential was used in the analysis. 1 1 1 2 � � — -- --- ' � ) , East YillaQe Plaza Villare of Arrovo Grande Tra�c Imnact Studv � � � � SANDAG Trip Generation Manual provided the IN/OUT ratio for each land use. � Figure 2 shows the directional distribution of trips for this study. / � TRIP ASSIGNMENT ; Trips were assigned to East Branch Road for Average Daily Traffic,AM Peak Hour and PM Peak Hour traffic of the Village. The scope of this analysis did not � include assignment of project trips beyond the project frontage of East Branch � Road. � Figures 3,4 and 5 show the above traffic assignment for each time period � respectively. � � EXISTING AND PROJECTED TRAFFIC VOLUME:S ► ! Existing traffic volume on Route 227(East Branch Road)is 1250 vph peak hour � per Cal Trans 2001 tr�c counts (See Appendix A). Existing Level of Service , for the peak hour was determined to be operating at LOS C for existing traffic along East Branch Street utilizing Exhibit 10-7 of the Highway Capacity Manual � 2000 for Service Volumes for Urban Streets and a madway classification of III, � 1-lane each direction. � ' Analysis of projected(future)traffic volumes along East Branch Road was not � included in this study. � CAPACTI'Y ANALYSIS � Operationai analysis of East Branch Street frontage was performed using methods � outlined in the"Transportation Research Boazd,National Research Council", ; Highway Canacitv Manual. � � A Level of Service designation is the generally accepted gauge for describing the , quality of operation of either a roadway segment or intersection. Other attributes ; of operational quality associated with each level of service aze v/c—volume to � capacity ratio, &ee flow speed,vehicle delay through an intersection and reserve � capacity of an intersection approach. For each type of street segment or intersection analysis, the criterion to arrive at a particulaz Level of Services varies 1 slightly. Levels of Service for every type of roadway or intersection aze describe ) thoroughly in the Highway Capacity Manual, however, the following brief � description has been provided. ) ) 1 1 1 3 ' 1 J r � , East Villa¢e Plaza Yillaee ofArrovo Grande Tra�c Impact Studv � , Table 2: Level o Service or Hi hwa s and Anerials , ' Level of Volume to Description Service Ca acit v/c � , A Less than or= Free flow conditions,unimpeded ability to maneuver and pass,very , 0.60 little dela ,no latoons, ' hest avera e havel eeds B 0.60-0.70 Mostly&ee flow conditions,presence of other velvcles begins to be , noticeable. Passing is required to tnaintain speeds,slightly less ! avera e havel s eeds tLan Level of Service"A". C 0.70-0.80 Traffic density cleazly affects the ability to pass and maneuver wiUiln ' the stream Speeds are reduced to about 50 mph on highways and to ' about 50%of the avera e on u�an arterials. D 0.80-0.90 Unstable flow. Speeds are reduced from 40%to 60%of normal. � Passing demand is]righ although mostly impossible on 2-lane ' hi hwa . Traffic di tions usuall .cause extensive ueues. E 0.90-1.00 Very unstable flow at or near capacity. Passing and maneuvering , virWally impossible. Extensive platooning on]righways and queuing on arterials. Speeds range from 20 mph of less on arterials and 2-lane S hi hwa s,and u to 50 h on muld-lane lu hwa . ! F >1.00 Forced or breakdown flow. Demand exceeds capacity. Vehicles . experience short spurts of�vement-followed by stoppages. �' Intersection co estioq lo ucues and dela are common. � Souree: Transportation Research Board Circular 2!2 � The Level of Service for East Branch Road was evaluated by calculating the � Volume-to-Capacity raUo for the segment volume and the madway capacity � including"Existing Daily Volumes"and"Existing plus Project Daily Volumes." � Table 3:Roadwa Se ment Volumes and Ca aeities '� Roadway Existing Existing v/c Existing plus Existing plus � Segment Volume Project Project v!c � h Volume h � East Branch Road pmject 1250 0.73 1321 0.77 � Fronta e � Note: v/c ratios are based on the fol[owing Level ofService 'E"capacrdes jor the given roadway configurations. ' ' Tab1e 4:Roadw Ca aeiNu or Leve!o Service "E" Roadwa T e�lass III Levei of Service"E"Volumes h � 2-lane 1700 � 4-lane 3380 � 6-lane 5080 , Note: ExcerpGs from Exhi6it 10-7,Highway Capacity Marsual, Class III, 1,2,and 3 lanes in each direction.Appendix C 1 � TRAFFIC SIGNALS ; Warrant analysis was not conducted at this time since no controlled intersections were included within the study boundary. 1 1 1 4 � / � / � East YillaQe Plaza Villare ofArrovo Grande Tra�c Imnact Studv r � � TRAFFIC ACCIDENTS 1 , Traffic accident data for East Branch Street was not required for this study. � PARKING ANALYSIS � , Pazking for the project is generally being provided on site with adjacent on-street ' parking desired to service the retail couunerciai portion of the project. 83 parking spaces aze being proposed by the development. (See Appendix D for frontage � photos) � , RECOMIvIENTDATIONS � The additional trips produced by the project development do not degade level of � service below"C"for the roadway segment studied. However,the following is ' recommended: � a. Allowances for on-street parking along the south side of Branch Street onlv � within the study limits would enhance pedestrian safety. , b. Continued efforts to encourage the use of transit within the village will , decrease the number of velucle trips generated by this project. c. Pedeshian access through the Village should continue to be encouraged by � supplying unobstructed travel ways and resting benches with shade. � � � • r ' � � � w r 7 a � � � . ► � � � � � 5 � 1 1 ► ► � � � � �y� HUA� � p�� � �,6 � ���1 , � � / .,nv` , BRANCti � , �h �� :. 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"1` .. . . � ���-- � -� ,' v ���� e w. � -:: �- �� . . - ---� '- �� F �___— — � � � �_� C '� I . . � � ��- a 8 '\ � 4 �•� i : r �•\ ' " �..�,..�..�.- -�-. �..�.. -�.._.-.�' I . . . .�....�..�"�"�' � $ � •�..�.. ..�..—. .�. �. �.. �. � ' � A R O Y O G R � rv D E C R E E K • ._'"_...,,r-..�.. i a` 3 y M�y�� . FlGURE 5 �• DAILY TRAFFlC 4!�! � �-� EA57 NUAGE PLAZA � ,e,_.,a, " ':':�:::� CE2933EX005 � . �^'m'� 'xsr_ �• I �.- - �_.... STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Governor DEPARTMENT OF TRANSPORTATION SO HIGUERA STREET ATTACHMENT C � SAN LUIS OBISPO, CA 93401-5415 TELEPHONE (805) 549-3ll1 Ftexyourpower! TDD (805) 549-3259 Be energy ej)'uient! http://www.dot.cagov/dist05 December 19, 2002 SLO-227 PM 0.63 East Village Plaza Planned Commercial, Office & Residential Complex - Tr�c Impact Study Mr. Rob Strong, Director Community Development City of Arroyo Grande P.O. Box 550 Anoyo Grande, CA 93421 . Dear Mr. Strong; The California Department of Transportation (Department) has reviewed the above referenced document and as a result, the following comments were generated. In order to mitigate for project specific traff'ic impacts on Route 227, the Department recommends that the project proponents be conditioned to: 1.) restripe the section of Route 227 immediately adjacent to and the length of the project to delineate and create a 12 to 14 foot wide, 'I�vo-Way-Left-Turn-Lane to accommodate left-turn movements into and out of the project, 2.) remove the utility pole that now exists near the northbound shoulder of Route 227, 3.) paint the northb�ound lane's curb red to disallow on-street parking along the length of the project. In lieu of disallowing on-street parking, the project proponents have the option of removing the asphalt-concrete on the southbound 1ane, and grading that lane to an acceptable, continuous gradient the length of the project adjacency to Route 227 and then resurfacing and restriping to accommodate the 'I�vo- Way-Left-Turn-Lane. This alternative would be much more costly but would allow for on-street parking along the project's frontage with Route 227. The project proponent will need to attach a rider to the e�sting Encroachment Permit for the above referenced improvements on Route 227. Please contact Mr. Steve Senet, Senior Permit Engineer at 549-3206 for more information � _ ._ _ ) , Mr. Rob Strong ` December 19, 2002 Page 2 regazding the Rider to the Encroachment Permit. All work will be done to Department standards and at no expense to the State. Also, please set as a condition of occupancy the requirement that the project proponents substantiate the above mentioned improvements were completed to Department standards (through a letter of acknowledgement from the Department Permits Office) to be submitted to the Lead Agency prior to the issuance of the Certificate of Occupancy. I hope this gives you an understanding of the Department's concerns regarding this project. If you have any questions please call me at 549-3683. Sincerely; ames Kilmer District 5 Development Review , cc: J. Boud of Joe Boud & Associates File, D. Murray, R. Barnes, S. Bakar — _ __ - _ __ J FROM-: Joseph Boud 8 Associates PF�NE N0. : Rug. 29 2002 09:00RM P2 STATE OF CAUFORNIA GEORGE DEUKMEJIAN,Gawmor CALIfORNiA RE610NAL WA7ER OUALRY CONTROI 80ARD — CENTRAL COAST RE610N " 1702 p LAUREL IANE SAN LU1508SSPO.CAItFORN1A l3W1 roos�s4ea�e� RECElVED ATTACHMENT D - MAR 1 9 'i990 March 15, 1990 Environmernal t{eer!" Mr. David Loomis Loqmis Inc. . . Po�`t Office Box 1110 Arroyo Grande, CA 93421 ' Dear Mr. Loa�is: SIIBJECT: S.C. LOOMIS � SON, PROPSRTY AT 522 EAST BRANCH STRSET, AP.ROYO GRANDB; SITB CLOSUR3 , Staff .has completed its rQView of the final report r�garding the soii remediation project at the subjact aite. Soils degraded with nitrate fertilizers and DDT, DDD, and DDS, have baen removed and properly diaposed. With the data proseated, assuminq it was accurate astd representative of exististg conditiona, we do not believe the area remediated presents a threat to vrater quality. It shonld be poiated out, thia letter doeB not relieve you of any • responsibility mandated by the Cali�ornia Water Code or the California Health and Safety Code if existing, additional or . previously unident3fied cvntamination . at the sit� causes or threatena to cause pollution or nuisance or is found to pose a . aignificant threat to public health. , sarring future developments, we consider the site closure and remediation compl•te.. , I would like to take this opportunity to thaak you, and your consultants, for the coopmratfon and manner ia which this remediation pro ject ovas conducted. � . • ' If you have aay questions regardinq this matter please direct them to Vern Jones or Bob Saldridge of my staff. � Pe trulp urs. 1 ' G.J�C���:�� ��W IAM R. LEO Executive O#ficez � VJ:sm See page 2 foz ccs � - _ ____ T _ ---- _ __ EXHIBIT B DRAFT MINUTES CITY OF ARROYO GRANDE PLANNING COMMISSION FEBRUARY 5, 2003 CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with Vice Chair Keen presiding. Also present were Commissioners Amold, Brown, Fowler, and Guthrie. Staff members in attendance were Community Development Director, Rob Strong, Associate Planner, Kelly Heffemon and Associate Planner Teresa McClish. APPROVAL OF MINUTES — None. ORAL COMMUNICATIONS— None WRITTEN COMMUNICATIONS None. AGENDA REVIEW— No changes. PUBLIC HEARING ITEM - PLANNED UNIT DEVELOPMENT CASE NO. 02-001; APPLICANT — DB& M PROPERTIES, LLC; LOCATION — 520, 522 & 528 EAST BRANCH STREET. Staff report prepared and presented by Kelly Heffemon, Associate Planner. Ms. Heffernon described the property explaining that the site was recently improved with an internal loop road, curb, gutter and sidewalk along East Branch Street; drainage facilities; City water and sewer lines. Ms. Heffemon further stated that the applicant is proposing a Planned Unit Development consisting of 10 existing lots and because the proposal is conceptual, the ratio of residential to commercial use is not exact, but has approximately 8,600 square feet of residential floor area and 16,000 square feet of commercial/office space. The finro 2 existing houses on the site are proposed to remain. The PUD process will establish general site and building design standards for a desired pattem of development for mixed uses, while still preserving some flexibility for unique design concepts on individual lots. In addition, the PUD process also avoids having to review and approve 10 separate Conditional Use Permits, and therefore the possibiliry of an overall random or undesirable development. With the PUD, the City still maintains discretion whereby each proposed development on each lot would be reviewed through the Architectural Review process and evaluated for consistency with the conceptual plan. Ms. Heffernon then described the architectural style of the proposed buildings stating that detailed landscape plans will be required for each proposed building subject to consistency with the conceptual landscape plan. She further stated that a name change is proposed for the internal access road as part of the PUD process to more accurately identify the location of the project within the City and Village area. The property falls under the Village Core land use category, which provides for mixed uses. However, because the Development Code has not yet been updated to conform to the mixed-use policies of the General Plan, there are currently no Village Core standards to apply to _ _ _ . _ _ ____ _ i MINUTES PAGE 2 PLANNING COMMISSION FEBRUARY 5, 2002 this project so Village Commercial zoning standards were used to evaluate the project. The project is also subject to the Design Guidelines for Historic Districts. While the scale and massing of the project is consistent with other buildings within the Village Commercial district, it is considerably larger than neighboring structures. The current Guidelines do not provide specific direction for placing an allowed commercial or mixed- use complex within the fringe area of the Village Commercial District. It appears that the project accomplishes most of the objectives by incorporating a specific historic theme "early railroad station" style of architecture. Conditions have been added to reflect recommendations from the ARC that addressed details of colors and materials that would further add a Village feel to the project. A Planned Sign Program for the entire project is planned, which is conceptual and mostly relies on the existing sign regulations of the Development Code and Village Commercial Design Guidelines. To ensure a Village feel, the project is conditioned that all signs must be made of wood, or materials that simulate wood. Finally, Ms. Heffemon stated that the two traffic reports used to evaluate traffic impacts for the proposed project concluded that the project would not degrade the levei of service below "C" to area roadways or intersections. Caltrans also reviewed the project as part of the environmental analysis with regard to project specific traffic impacts on Highway 227 and they determined that the added traffic volumes would require specific mitigation to reduce project impacts, and that a two-way-left-turn lane must be installed along the property frontage, curb adjacent to the project must be painted red to eliminate on-street parking (approximately 13 parking spaces) or the north side of the roadway reconstructed. (To maintain on street parking the applicant must improve the full width of Highway 227.) To mitigate the loss of the on street parking, the applicant must provide an interim parking solution either on-site, or within 200 feet of the project site, until on-street parking can be accommodated on the Highway. The applicant has indicated that he intends to improve the Highway to Caltrans standards, but does not want to hold up the entire project while Caltrans approval is being sought and road improvements are being made. He has agreed that lots 8 and 9 will remain undeveloped until Highway 227 is improved and on-street parking is restored; Mitigation Measure No. 19 would be revised to reflect this proposal. Commissioner Guthrie asked Mr. Olds, Public Works, to address staff concems about the traffic reports. Mr. Olds stated that the traffic reports provided by the applicant had two inadequacies. It did not take into account cumulative trips and does not address any intersections. The traffic report for the Creekside Center project EIR also used for analysis, but does not have the AM peak hour trips (required in the City's traffic impact policy). Commissioner Guthrie asked for clarification as to why the 13 on-street parking spaces were necessary for the project. Ms. Heffemon stated that it depends on the type of mix ---- __ — _ — --_ _ MINUTES PAGE 3 PLANNING COMMISSION FEBRUARY 5, 2002 for the project, but staff is recommending the normal on-street parking be provided on- site if temporarily eliminated on street. Commissioner Arnold asked how the Architectural standards wouid appiy if the Design Guidelines are not yet finalized? Ms. Heffernon said that when the project is ready for building permit issuance staff will be looking at the conceptual plans and the conditions set by the ARC (although the proposed Guidelines were not resolved when the ARC reviewed the project). If the new Guidelines were ready at that time they would be applied. She stated she did not believe the new standards would be that different and the project could be also conditioned to apply the new Guidelines once adopted. Commissioner Brown asked if Caltrans would allow reconstruction or re-striping? Mr. Olds said Caltrans had recommended that this be done and the applicant would incur the cost. Commissioner Brown then asked how long the approval process would take? Mr. Olds said he did not know, but probably a matter of a few months. Vice Chair Keen opened the Public Hearing. Joe Boud, Representative, stated the on-street parking had been calculated as being 11 spaces based considering corner visibility restrictions and that it was not intended to widen the road. On the northerly side the slope of the road from the curb line exceeds Caltrans standards so they would require the applicant to reconstruct this portion. A traffic report was not required for this project, but a traffic analysis of the operational and tuming movements was required and had been provided to staff. He believed this project would satisfy the traffic impact questions raised by staff and Caltrans. He then gave the background, hlstory and description of the project emphasizing that this was a site plan concept that they were presenting for approval, not a final project. Commissioner Guthrie asked if there was any intent to allow shared parking between the parcels? Mr. Boud said this was not the intent, but there would be shared driveway agreements, and may be some shared parking proposed later. Commissioner Brown asked about the timing on completing the improvements that Caltrans would permit. Mr. Boud said there would be a permit process at Caltrans and that this would occur concuRently with the processing of ARC and building permits. Commissioner Keen asked how the restructuring would affect the parking in front of the existing houses. Mr. Boud said that area would not be affected. Stephen Puglisi, Architect, said they were not presenting a specific development plan, but a concept of how the lots could be developed to illustrate to buyers and the City how the properties could be developed. Refinements could require ARC approval and revisions require CUP approval by the Planning Commission. — _ _ _ __ -- -_ _ - --- - - -�---- _ MINUTES PAGE 4 PLANNING COMMISSION FEBRUARY 5, 2002 Commissioner Brown asked what is "early railroad station style" and where is "early railroad station" found in the Guidelines or the Village? Mr. Puglisi explained that this was a description used to describe a style that would tie the architecture into this area of town (lots of wood trim and small details to break up the building masses). Similar to roof and eave details of historic raiiroad stations (e.g. Oceano). Commissioner Brown questioned the fact that buildings 1 & 2 were not orientated toward the street and whether this would fit with the GuidelinesNillage. Mr. Puglisi replied that buildings 1 & 2 had access directly off Branch Street, the parking lot at the back and they were the only two buildings on site that would provide direct access off Branch Street, particularly if used for retail instead of office development. Commissioner Brown asked how under-structure parking would fit with existing pattem of building within the Village? Mr. Puglisi replied that under-structure parking had been designed for buildings 1 & 2 and a building at the opposite end of the project (Lot 6) in order to maximize possible commercial and residential space. They had incorporated elevator designs to accommodate both handicap and pedestrians and reflected site topography. Commissioner Amold had a concem with the elevations showing elevator towers and the effect this connection would have, but otherwise thought the design looked very nice. Commissioner Guthrie had a concem with the pedestrian access points and if the complex would be visible from the rest of the Village. Mr. Puglisi said it probably would not be visible (due to curve in the street alignment), but it is proposed that the public would see 1 and 2 story street scale. Commissioner Guthrie commented that Building 1 and 2 combined are very large. Mr. Puglisi reminded the Commission that this is only a concept and the ARC would be reviewing each proposal before approval. Commissioner Fowler commented that she had done some comparison sizing and did not think that the buildings were that large. Commissioner Keen asked how tall Building 1 would be and if the under-structure parking would have to be sprinkled? Mr. Puglisi said Bldg. 1 would not be higher than the 30 feet and sprinkling for the under-structure parking would not be required. . Mike McConville, 529 E. Branch Street, (across the street from the proposed project) stated he was in favor of the project. The improvements for this project had eased his concerns about Paulding school children crossing this street mid-block. Susan Flores, 529 E. Branch Street, (across the street from the proposed project) stated she was in favor of the project and that the safety of the street had already been MINUTES PAGE 5 PLANNING COMMISSION FEBRUARY 5, 2002 improved because of the project. The future stages would give even more improvement to the street. Local businesses were really eager to relocate to the proposed project. She believed this would be a good addition to the Village. James Severence, 406 East Branch Street, stated he was in favor of the project and wanted to purchase lot#3 (his business hours would be 9:00 — 5:00 p.m. Fred Bauer, 212 Short Street, stated he was in favor of the project; thought the design was a great and a small-scale infill. He added that the under-structure parking would be a great way to get cars out of sight. Ken Peterson, 134 East Branch, Optometrist, stated he wanted to relocate his business to this new project as his present location is deteriorating (his business hours would also start at 9:00 a.m.). Richard DeBlauw, applicant, said the proposed use would be office along Branch Street and the property along the Creek bank is proposed to include office and residential apartments. Commissioner Keen asked if the proposed residential would be mixed use? Mr. DeBlauw said it would. Bob Lund, 133 East Branch Street, Executive Director Village Improvement Association, said he had received all favorable comments for this project from the Village business owners. Howard Mankins, 200 Hillcrest Drive, owner of property from 123-131 East Branch Street, stated he thought this would be a great project and a great addition to the business community. It would benefit the Ciry tax-wise and he was in favor of the mixed-use. East Branch Street used to have a bell tower on the third story of the old hotel (similar in scale to the elevator tower between Building 1 & 2). Byron Grant, 102 East Branch Street, Real Estate, stated he was in support of the project and commended the developer and thought it a nice blend with the existing. Eddie EI-Helou, 121 East Branch, thought this project fitting for the east side of the Village and approved of the mixed-use. Vice Chair Keen closed the public hearing. Commissioner Brown commented: . The proposed project is a modem office complex both in size and design, and the project as conceptually designed fails to follow the existing pattem of building facades and size (the Village is mostly an eciectic mixture of small store fronts MINUTES PAGE 6 PLANNING COMMISSION FEBRUARY 5, 2002 accessed from Branch Street). The proposed building design creates a mass not unlike the "Village Centre" project. • Traffic and parking issues need to be more fully addressed. . The improvement of 227 as an option prior to approval cannot be precluded. • A PUD should not be conceptual in nature, but specific, especially as the Village is a sensitive area. . Any and all building designs or design changes should go through the Planning Commission as well as the ARC. . In his opinion the required PUD findings could not be met and he would like to see a different design. If Council chooses to stay with this design then a model would be imperative to show scale and size of buildings. • Buildings 1 and 2 could be dealt with in a more pedestrian friendly manner. • He had concems on the underground parking and how the internal roadway would lend itself to shared parking throughout the Village. Finally, Commissioner Brown said in its current configuration and it being conceptual in nature he could not approve the project. Commissioner Fowler said she disagreed with Commissioner Brown, as over the period of two years of dealing with the Village Design Guidelines she believed the consensus was that coordinated, but not uniform design was what was desired. She further stated that the PUD makes the project continuous and it allows the City to deal with the property en-masse instead of having many different applicants come forward for each individual lot. She believed that the PUD would appear as a continuation of the Village and would blend in. Commissioner Amold agreed with Commissioner Fowler, but he did have a concern that the buildings may be too similar, but stated that this project was a quite a lot different from the Village Center. He considered this project to be very important to the Village and was in favor of it. Commissioner Guthrie stated that he could not see this project as being part of the Village and in order for him to approve this some significant changes would have to be made: • The scale of buildings 1 & 2 should be broken up, maybe delete the tower or have two separate buildings • The pedestrian access would have to have a significant tie into the Village; . The parking is relatively private or individual and the "shared parking" would be an option relying on the tenants. • He did not believe there would be not be a traffic impact especially in the AM. Finaliy, he stated that he believed these issues could be fixed, and asked staff if just the east end of the project could be approved? MINUTES PAGE 7 PLANNING COMMISSION FEBRUARY 5, 2002 Mr. Strong said it would be much easier to deal with a conceptual Planned Unit Development even if it is phased rather than deal with 10 separate use permits. He referred to the traffic study stating that he believed the information was available to justify the findings, also considering the Creekside Center DEIR traffic information. Commissioner Guthrie said he disagreed with Commissioner Fowler and believed it was the intent of the Historic Guidelines that buildings look different rather than alike. Commissioner Keen commented he liked the architecture and thought the "Early Railroad Station" style tied in with the history of the Pacific Railroad through the area. He had a concem with approving the project prior to approval of the new Historic Design Guidelines. Commissioner Keen asked if the project could be conditioned to reflect that all buildings meet the new Guidelines as approved by the Planning Commission and as yet not approved by Council. Ms. Heffernon said it could be conditioned this way, but it may hold up the project. Mr. $trong stated that this project better complies with the proposed Guidelines than the adopted Guidelines. Commissioner Arnold made a motion, seconded by Commissioner Fowler to approve the project with the following changes: 1. Mitigation Measure No. 19 revised; 2. Condition of Approval No. 12 revised; 3. Eliminate Condition of Approval No. 60 (Duplicates No. 59); and adopt: RESOLUTION NO. 03-1860 A RESOLUTION OF THE PLANNING COMMlSSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING PLANNED UNIT DEVELOPMENT NO. 02-001 WITH ASSOCATED ARCHITECTURAL REVIEW (EAST VILLAGE PLAZA), LOCATED AT 520, 522 AND 528 EAST BRANCH STREET, APPLIEp FOR BY DBBM PROPERTIES The motion was approved with the following roil call vote: AYES: Commissioners Arnold, Fowler, and Vice Chair Keen NOES: Commissioners Brown and Guthrie ABSENT: None The foregoing resolution was adopted this 5"' day February 2003. � I EXHIBIT C 12.b APPEAL OF EAST VILLAGE PLAZA PLANNED iJNIT DEVELOPMENT This site is one of the few remaining lazge commercial properties within the Village area. After the major controversy regarding the Village Center development at the western gateway to the Village, it is only appropriate for Council to review this Planned Unit Development in tertns of how it will best sustain, enhance and expand this unique historic business district. Upon initial review of this PUD, several vitally.important issues and potentially problematic conditions became apparent. 1. The two prominent buildings facing East Branch Street, Buildings 1 & 2, are too modern in architectural design and lacking in pedestrian orientation. The design presented by the applicant is strictly office commercial, precluding any potential future retail use. 2. As recommended by the Architectural Review Committee, these two buildings with significant streetscape orientation should have relief from , their horizontal massing. I would even further suggest greater attention be placed on vertical designs such as those represented in Building 10. 3. The project is being presented as Mixed Use. Yet minus the existing two residents within the project area, the bulk of this proposal is office commercial. The design parameters and layout are orientated to function as a single use, not mixed use. 4. The overall character of the proposed project in relation to mass is unknown at this time. Without a model depicting the project in relation to the surrounding residential units, its mass is difficult to assess. I am fearful that the proposed commercial units will dwarf the neighboring residential homes across the street and create an imbalance in both mass and scale. � 5. In regards to traffic volumes, I am confused as to whether the applicant has provided the necessary analysis in relation to projected cumulative trips. I am equally confused as to whether specific attention and study was placed on the AM and PM Peak hours when parents are dropping off and picking up their children at Paulding Middle School. 6. The PUD as presented does not address the loss of on-street parking required by Caltrans. As conditioned, the applicant must provide for an interim parking solution either on-site or within 200 feet of the project site. I am again uncomfortable with this unknown. These types of details should be reviewed, evaluated, commented on and approved as part of the PUD process. 7. According to the staff report, the intent of the PUD process is to establish general site and building design parameters. There are also previsions within the conceptual plan to require further review if individual projects �, submitted deviate substantially from the approved PUD. I.am concerned that staff is being placed in a tenuous position to evaluate substantial deviation based on general site and building design plans. And unfortunately,judgement, in this case, would be rendered after the fact. We can not afford this type of potential disaster within the City and especially in the Historic Village District. It is my desire to help facilitate the enhancement and expansion of the Historic Village District on this site by emphasizing a mixed-use, pedestrian- orientated project that best reflects an appropriate, architectural design. T'he proposed East Village Plaza PUD is far too critical a project for the Village to have so many concerns and unknowns still left for consideration. Given the concerns outlined, it is in the community's best interest to appeal the Planning Commission's 3-2 vote and bring this item before Council. , � — _ _ _ � o!i � i _ % i — �^eo 4 °a ! � � vlelniry �� i H � �` -._' , R�.pl�`i m I ��� ,f .... _ ' _ . $.�l�� � � I W --_ . - �:,,. � - `�� . . . . !�+ ��r•� .,�a . � , ' __ . — ��--+..+�'�"- . . . ' . _—'._..--:.a'c� __'__. .___..__ n r_�-c— . . _. — . .a�a.o,y__ � N a =i ��a , _ a�� �' ; 5�o ,m �. � �- _ a - Fod e - �,�� i — w �_ ' '�'� (l . -, __� • - . � z--a.2a�:-r�. c.�.�__�x_= � . �. p�_2 _____. .. .. I�� ALTERNATIVE CONCEPTUAL DESIGNS—LOTS 1 &2 f � � ; � _ _ __ __ _ _ _ � 11.a. o� pitROYOC FNICORPORATE Yt u m # .nwr ,o. ,n, * . c+<<FORN`P MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR � SUBJECT: CONSIDERATION OF RESTRICTING PARKING ON FRONT (STREET) YARDS DATE: MARCH 25, 2003 RECOMMENDATION: It is recommended that the City Council direct staff to prepare a draft ordinance similar to Attachment 1, to amend Municipal Code Section 10.16.010.B regarding front (street) yard parking for City Council consideration. FUNDING: ; No fiscal impact. Code enforcement would be by complaint and administe�d by Community iDevelopment and/or Police Departments. � DISCUSSION: Backaround � On January 28, 2003, the City Council requested staff to place on a future City Council �qenda an item allowing a discussion of whether to establish restrictions of parking on front (street) yards. As a result, staff has researched municipal codes from surrounding cities , regarding the parking of vehicles on front (street) yards. � Findings include: Municlpalily Allowed Not Allowed Atascadero X In SFR-PD's Grover Beach x ' ' Morro Ba x ' � Paso Robles - x � Pismo Beach - X i _ X San Luis Obis Santa Maria - x i ' The survey reveals almost equal division of other local jurisdictions that regulate front yard parking, except on paved driveway approaches. To prevent abuse and conversion of the cinr couNCi� CONSIDERATION OF RESTRICTING PARKING ON FRONT (STREET) YARDS MARCH 25, 2003 PAGE 2 landscaped yard intended by street setbacks, staff recommends that the Council consider an ordinance similar to that of San Luis Obispo, which states: "No person shall stop, park, or leave standing any vehiGe, whether attended or unattended, within any street yard or upon any unpaved surtace. Parking on lawfully established driveways leading to approved pa�icing spaces is exempt from this prohibition, provided such aflowed driveway parking dces not inGude parking on or over a public sidewalk. Any violation of this section shall be a civil penalty." Most jurisdictions that adopt ordinances that restrict the parking of cars on front (street) yards do so out of aesthetic and circulation concems, as an effort to minimize the cantamination of soils from automotive fluids, and to preserve the front yard setback for its intended purpose— as a landscaped and open space area. This ordinance would modify the City's current Municipal Code section 10.16.010.B, which states: "Subsection A of this section shall not prohibit persons from parking vehides on private residential property belonging to the ovmer of the vehiGe nor on the public street immediately adjacent to the private residential property.° Because this is related to the Development Code, property development and other residential parking standards, the Council may want to refer this proposed ordinance to the Architectural Review Committee and Planning Commission for recommendations prior to formal Council consideration. ALTERNATIVES: The following aftematives are provided for the Council's consideration: - Direct staff to prepare draft ordinance for public hearing and refer to Architectural Review Committee and Planning Commission for recommendation; - Recommend modifications to draft provisions prior to hearing; - Defer amendment regarding front (street) yard parking until further Development Code Update for residential parking requirements (estimated 2004 consideration). - Decide to not consider any restrictions to front(street)yard parking. i __ I