Agenda Packet 2003-06-24
CITY COUNCIL Cttt of
AGENDA ArrOlo GrancIe
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attomey
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
NOTICE OF
CITY COUNCIL SPECIAL MEETING
Tuesday
June 24, 2003
~:30 we,~.!
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
AGENDA
1. ROLL CALL
2. PUBLIC COMMENT on Special Meeting Agenda Items.
Members of the public wishing to address the Council on any item described in this Notice
may do so when recognized by the Presiding Officer.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Property: APN 006-153-005; 206 North Halcyon Road
Agency Negotiator: Timothy J. Carmel, City Attorney
Under Negotiation: Price and Terms of Potential Purchase
4. RECONVENE TO OPEN SESSION:
Announcement of reportable action from closed session, if any.
5. ADJOURNMENT.
c:closedsession.agenda.062403
--'--~-"""-~ - ----,----- - -----~.~
CITY COUNCIL Cttt of
AGENDA ArrOlo GrancIe
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attorney
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
AGENDA SUMMARY
CITY COUNCIL
TUESDAY, JUNE 24, 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: GIRL SCOUT TROOP 723
4. INVOCATION: PASTOR PAUL BAUTTS, BETHEL BAPTIST
CHURCH, ARROYO GRANDE
5. SPECIAL PRESENTATIONS:
5.a. Recocnition of Local Housinc Task Force Members
6. AGENDA REVIEW:
6.a. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
--.- .-.--
AGENDA SUMMARY - JUNE 24, 2003
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a
future Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not
directed to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any Council Member may request
that any item be withdrawn from the Consent Agenda to permit discussion or change
the recommended course of action. The City Council may approve the remainder of
the Consent Agenda on one motion.
B.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listings of cash disbursements for the period
June 1, 2003 - June 15, 2003.
B.b. Statement of Investment Deposits (SNODGRASS)
Recommended Action: Receive and file the report of current investment deposits
as of May 31, 2003.
B.c. Consideration of Salary and Benefit Adiustments for Management Employees
(ADAMS)
Recommended Action: Adopt Resolution approving compensation and benefit
adjustments for management employees.
B.d. Consideration of Rejection of Claims Against City - 1) SBC-Pacific Bell: and 2)
M. & W. Hart (WETMORE)
Recommended Action: Reject Claims for Damages against the City filed by
SBC/Pacific Bell, Los Angeles; and Matthew and Wesley Hart, Paso Robles.
----~- ~--'.- n______,___
AGENDA SUMMARY - JUNE 24, 2003
PAGE 3
8. CONSENT AGENDA (continued):
8.e. Consideration of Temporary Use Permit 03-004: Authorization to Close City
Streets. Use City Property. and Waive Permit and Police Service Fees for the
"Arroyo Valley Car Sho". on Saturday. July 26.2003 (STRONG)
Recommended Action: Adopt Resolution approving Temporary Use Permit 03-004
for the "Arroyo Valley Car Sho" and authorize the waiver of permit and a portion of
police service fees.
8.f Consideration of Adoption of Ordinance of the City of Arroyo Grande
Amending a Portion of the Zoning MaD of the City of Arroyo Grande;
Development Code Amendment 02-004: Applied by S & S Homes. Located at
the Intersection of Ash and Courtland Streets (STRONG)
Recommended Action: Adopt the Ordinance amending the Zoning Map for
property located at Ash and Courtland Streets
8.g. Consideration of Award of Contract for Spring 2003 Slurry Seal Capital
Improvement Proiect. Proiect No. PW 2003-04 (SPAGNOLO)
Recommended Action: 1) Award a construction contract for the Spring 2003 Slurry
Seal Capital Improvement Project to Intermountain Slurry Seal, Inc. in the amount of
$143,297.08; 2) Authorize the City Manager to approve change orders not to exceed
the contingency of $14,329.70 for use only if needed for unanticipated costs during
the construction phase of the project (total construction costs = $143,441.79 +
$14,344.00 = $157,785.79; and, 3) Direct staff to issue the Notice of Award and
Notice to Proceed with other necessary contract documents.
8.h. Consideration of Award of Contract for the Soto Sports Complex Lighting
Proiect. Proiect No. PW 2003-02 (SPAGNOLO)
Recommended Action: 1) Award a construction contract for the Soto Sports
Complex Lighting Project to Lee Wilson Company in the amount of $ $202,200; 2)
Authorize the City Manager to approve change orders not to exceed the contingency
of $20,220 for use only if needed for unanticipated costs during the construction
phase of the project (total construction costs = $202,200 + $20,220 = $222,420);
and, 3) Direct staff to issue the Notice of Award and Notice to Proceed with other
necessary contract documents.
8.L Consideration of Resolution Establishing Sewer and Water Rates and Charges
Outside the City Limits (SPAGNOLO)
Recommended Action: Adopt Resolution establishing new water and sewer rates
and charges outside the City limits.
8.j. Consideration of Award of Contract to Tenera Environmental to Provide
Services in Conjunction with the Annual Creek CleaninQ Program(SPAGNOLO)
Recommended Action: 1) Award a contract to Tenera Environmental to Provide
Services in Conjunction with the Annual Creek Cleaning Program, in the amount of
$13,100.00; and 2) Authorize the Mayor to execute the Consultant Services
Agreement.
.
- --_..._-,_._----~----- ~'-"-.__. -~--
AGENDA SUMMARY - JUNE 24, 2003
PAGE 4
8. CONSENT AGENDA (continued):
8.k. Consideration of an Amendment to the SHAlSTP Coooerative Aareement with
the San Luis ObisDO Council of Govemooenta (SPAGNOLO)
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 5 to the
SHAlSTP Cooperative Agreement No. AG-TEA21-o1; and 2) Direct the Director of
Administrative Services to submit Amendment No. 5 to the SHAlSTP Cooperative
Agreement No. AG-TEA21-01 to the San Luis Obispo Council of Governments.
8.1. Consideration of ADDroDriation for an Air Conditionina Unit (HERNANDEZ)
Recommended Action: Approve allocation of $4,000 from the General Fund for the
purchase and installation of an air conditioning unit for the City Council Chambers
upstairs conference, cablecasting and computer server room.
8.m. Consideration of Salarv and Benefit Adiustments for Part-time EmDloyees
(ADAMS)
Recommended Action: Adopt Resolution approving compensation and benefit
adjustments for part-time employees.
9. PUBLIC HEARINGS:
9.a. Consideration of DeveloDment Code Amendment 02-003. Soeciflc Plan
Amendment 02-002. and Tentative Tract MaD 02-003: Berrv Gardens Subarea 3:
1595 East Grand Avenue (STRONG)
Recommended Action: 1) Adopt a Resolution approving Specific Plan Amendment
02-002; 2) Introduce an Ordinance amending the Zoning Map of the City of Arroyo
Grande, Development Code Amendment 02-002, to rezone 1.6 acres of Subarea 3
of the Berry Gardens Specific Plan from Rural Residential (RR) to Single Family
Residential with Specific Plan overlay (SFR-SP); and 3) Adopt a Resolution
approving Tentative Tract Map 02-003, creating nine (9) residential lots on a 1.6-
acre portion of Subarea 3 of the Berry Gardens Specific Plan as applied for by
Masumoto Revocable Trust, subject to certain conditions.
9.b. Consideration of Rezonina the Villaae Commercial District and Portions of the
General Commercial and Office Professional District to Vlllaae Core
Downtown.. villaae Mixed Use. Vlllaae Residential and Sinale Family
Residential : Revislna Land Use Reaulatlons in Title 16 to Ad~ress
Reauirementa for Mixed Use Districts and ADDroval Processes (STRONG)
Recommended Action: Open the public hearing, accept public comment and
continue the hearing to August 12, 2003.
10. CONTINUED BUSINESS:
None.
_.--,,-
AGENDA SUMMARY - JUNE 24, 2003
PAGE 5
11. NEW BUSINESS:
11.a. Consideration to Authorize the Circulation of the Draft Storm Water
Manaaement Plan (SPAGNOLO)
Recommended Action: 1) Authorize the circulation of the draft Storm Water
Management Plan (SWMP) for public comment; and 2) Direct staff to return to the
City Council in approximately 60 days with a summary of public comments and make
any modifications deemed necessary or appropriate.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Integrated Waste Management Authority (IWMA)
(4) Other
(b) MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition
(2) Other
(c) COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(d) COUNCIL MEMBER SANDY LUBIN:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) Other
(e) COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD)
(2) Other
13. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by the Mayor and/or a Council
Member who would like to receive feedback, direct staff to prepare information,
and/or request a formal agenda report be prepared and the item placed on a future
agenda. No formal action can be taken.
a) Discussion Regarding Conflict of Council Meeting of September 9, 2003 with
League of California Cities Annual Conference, September 7-10, 2003.
(FERRARA)
-- ---~---
AGENDA SUMMARY - JUNE 24, 2003
PAGE 6
14. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a) None.
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council.
I=~...".,J ~,.+.
18. ADJOURNMENT ~ ......' '..-
~trUII-1 -, "
Gj20/0'? ~~.
. . . .DIII. .
All staff reports or other written documentation relating to each item of business referred to
on the agenda are on file in the Administrative Services Department and are available for
public inspection and reproduction at cost. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the
Americans with Disabilities Act. To make a request for disability-related modification or
accommodation, contact the Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date. !
!
!
i:
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
Director of Administrative Services at (805) 473-5414 for more information.
www.arroyoarande.ora
5.a.
OF
a or t s Commendation
~to
arr! A.nderson
CIn ~cognition of "Y'our
Service to the
Cit~ of .Arro~o Grande
as . a ~1we'r of the
~ca( <Housing 6)' asrc ~orce.
8une 24, 2005
~ottt t\ ~ara, ~or
j
OF
,
a orts Commendation
~to
red aur
CIn ~cognition of "YOur
Service to the
Cit~ of .Arro~o Grande
as a ~n&er of the
~ca( <Housing 6> asfc ~orce.
Bune 24, 2005
QYmrt 9\ ~errara, 9leor
- -- --.....-----
OF
,
a Of ~ sCOmme"t\at\O"
~to
o~ cJ3cz~eCZ~
c:l..... ~c09..... \1::\0..... of -f"ou1'"
Se1""'\Ce 1::0 -t:fvZ
C\1::~ of M1"'O"'iP G1"a.,...4e
(;\S a. ~er of 1::f1.e
~ca.( ~ous\""'9 '(5) (;\StG ~o1"'ce.
tJu.....e 24~ 2005
~1II\'t ~~t ~
---------~ --------.
CITY OF
a or's Commendation
~to
EJczrr! CJ3U"\"
C11'\. ~c091'\.\.~\.01'\. o~ ;t""o..........
.s~\.c~ ~o d',~
C\.~~ o~ ..A.!'....~O G'f"'c;,:"d~
as a. ~~.... o~ d',~
~ca.( <<:g:o......s\.1'\.9 6> asfG "C!!!ro....c~.
9......1'\.~ Z4~ zo05
- -
~0It
.__.--------~.
CI-rY OF
,
a or's Commendation
~to
\ChGlCZl cJ3'trd
C1..... ~coe.....\.-t\.O..... o~ ~o..........
.s~\.ce -to -tfa-e
c\.-t~ o~ "A.r.....~0 G-rc;a..,...c:Le
c;a.S c;a. ~er o~ -tfa-e
~cc;a.( <;FI:o.....s\......e 6> c;a.S1G &o.....ce.
t:J..........e Z4~ zoos
Q5111\'t ~~I ~
-... ----------- .-------
CI'TY' OF
a or's Commendation
~to
Carol eft a t (e-t
q...... ~co9.....\..t:\,o..... of -f"'o..........
s~\.c~ ~o ~k.~
c\.~~ of ;A.!"....~o G-r.........&~
(1S c:1 ~er of -u..~
c;a.eCc:1( ~o......s\.""-9 6'> (1S1G ~o""c~.
tJ...........~ 24~ 2005
iOl\!~~'~
/.-------_. -------------
_/---------~
C,,-Y' OF
f; \ \\ '
I \ \
'fCA~'A
-0/ 19'\" .
ex Of ~ S COmme\\t\at\O\\
~~to
CZflfl~ EJ oflCZS
c:t....... ~c09...... \.1;\.0...... of" ,co"""-
s~\.c.-z 1;0 1:fa..-z
C\.1;~ of" ~..-O"'iP G'l'"'GI-""&.-z
G'S GI- ~er of" 1:fa..-z
~CGl-( ~0"":S\.......a ~ G'Sfc;. &o..-c.-z.
tJ"".......-z 24~ 200~ ~,,"OYOQ
~ '2
:J;.ltCOl'tI'Ol't..tI.O '9~
l: "
C,) m
. ..\1\.'1 ,0, "" *
~0Itt ~~I ~
CITY OF
a orts Commendation
~ted to
ichae[
CIn ~co9ni"tion of -y-'our
Service to "the
Cit~ of Arro~o Grande
as a ~dJer of "tfte
~ca( ~ousin9 ~a.src <:Force.
8une 24, 2003
QTotrt ~ gferrara, ~or
CITY OF
a orts Commendation
CI...... ~co8......t"tto...... of -YOur
Se~tce "to "the
Ct"t~ of Arro~o. Gra......de
as a ~lwer of "the
~ca[ ~oust"""8 <!)asrc <:F"orce.
EJu......e 24, 2005
~ DIrt V\ ~erraraf 94eIor
---.----
CrfY OF
ex Of ~ S Comme1\dat\01\
~to
cW C1'tf\CZ C)?k\l\PS
c:J:~ ~c09~':t::\.0~ of' ~o""'''''
.s~'I"""1 \.c~ 1:;0 1:;fa.~
C \. 1:;~ of' :;A:f....o~P G'l'"c:a..,...4~
c:a.S c:a. ~~ of' 1:;fa.~
~cc:a.( ~0.....s\.~9 'C5' (;ISIG &o....c~.
EJ.....~~ Z4~ zoos
~1I\\'t ~~I ~
...------------.
------
crrv OF
,
a or's Commendation
~to
Sid ich isof\
c:1.""- ~c09",,-\,1;:\,0""- ofC ;€""ou....
s~\.Cc2: 1;:0 .ua.c2:
C\.1;:~ ofC. .,A!'....~O G-ra.....6c2:
c:;aS a. ~er ofC .ua.c2:
~ca.(: ~ous \.""-9 65' c:;aSfc;. &o....Cc2:.
gu""-c2: 24~ 2002'S
~0Il't ~~I1eOf
OF
0; Of ~ S CO",,,,e\\~(\i\O\\
~to
GCZf\CZ stczrkCZf\S
q."", ~c09"'" \.1:\.0"'" o~ -€""o......~
scz;~\.ccz; 1:0 1:f\.CZ;
~,:.:~&(Z
C \.1:~ o~ N'~o"i.O
~cz;~ o~ 1:f\.cz;
~ ~ ~ ~ ~o~ccz;
~c~( ~0......s\.""'9 ~ ·
EJ 24 200~ ....."OYO
......""'cz; ~ ~ o~
>- IIlCO~"o~~'TIO ~
... 0
u rn
. JU~" 1Q, ,." *
C ~,'l'
'4 L. tFO~
~ort~~I~
OF
~to
SUSClt\
q.~ c;;R.S.c09~\,1;\,0~ o~ ~o.....'t'"
.s~\.ce 1;0 1;fl.e
C\.1;~ o~ ~'t'"o"'ep G-""'........,4e
oS .... ~er o~ 1;fl.e
~c""( ~0'I.J.S\.~9 'C55' oSfG &o't'"ce.
t::J.....~e 24~ 200:!S
~aI\t~~I~
.../--------/
.,....-. .. --.--.
8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES CjJ fU=:S
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISORC(jt"
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period June 1- June 15, 2003.
FUNDING:
There is a $572,097.30 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 ~. - June 6, 2003 Accounts Payable Check Register
ATTACHMENT 3 - June 13,2003 Accounts Payable Check Register
ATTACHMENT 4 - June 13,2003 Payroll Checks and Benefit Checks
ATTACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
?7M tie 'PeWd '" P<<-e 1 7~ P<<-e 15. 2003
." w .. ".. 'W' w'. .'w . w .... .. '" ., ..
June 24, 2003
Presented are the cash disbursements issued by the Department of Financial Services for
the period June 1 to June 15, 2003. Shown are cash disbursements by week of occurrence
and type of payment.
I WEEK TYPE OF PAYMENT ATI'ACHMENT .AMOUNT
..
June 6, 2003
Accounts Payable Cks 110639-110748 2 $186,831.86
June 13, 2003
Accounts Payable Cks 110760-1108044 3 65,033.32
Payroll Checks & Benefit Checks 4 320,232.12
385,265.44
Two Week Total $ 572.097.30
~.. &.1.._-- _..___ __ ____.._......._._.._
CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARTMENTS
EDEN COMPUfER SYSTEM
GENERAL FUND (010) SPECIAL REVENUE FUNDS
City Government (Fund 010) Park Development Fee Fund (Fund 213)
4001 - City Council 4550 - Park Development Fee
4002 - Administrative Services Traffic Signal Fund (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 Construction 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)
Public Safety (Fund 010) 4208 - Federal Local LawEnforcmt (FD 279)
4201 - Police Redevelopment Agency ( Fund 284)
4211 - Fire 4103 - Redevelopment Administration
4212 - Building & 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 Administration (Fund 641)
4421 - Recreation 4750 - Lopez Administration
4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350)
4423 - Pre-School Program 5501-5599 - Park Projects
4424 - Recreation-Special Programs 5601-5699 - Streets Projects
4425 - Children in Motion 5701-5799 - Drainage Projects
4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects
4430 - Soto Sport Complex 5901-5999 - Water Projects
4213 - Government Buildings
4460 - Parkway Maintenance
Pept. Index for Council
2. (.)0:::: - z:..
ATTACm.lliUT 4
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
OS/23/03 - 06/05/03
06/13/03
FUND 010 284,878.21 Salaries Full time 169,149.98
FUND 220 13,980.19 Salaries Part-Time - PPT 24,222.00
FUND 284 4,693.56 Salaries Part-Time - TPT 9,881.80
FUND 612 4,649.21 Salaries OverTime 15,886.69
FUND 640 12,030.95 Salaries Standby 375.75
320,232.12 Holiday Pay 7,071.85
Sick Pay 3,331.74
Annual Leave By Back -
Vacation Buyback -
Sick Leave Buyback -
Vacation Pay 5,321.43
Comp Pay 6,190.06
Annual Leave Pay 3,224.64
PERS Retirement 19,786.30
Social Security 17,542.18
PARS Retirement 301.52
State Disability Ins. 803.86
Deferred Compensation 725.00
Health Insurance 30,039.20
Dental Insurance 4,019.31
Vision Insurance 895.21
Life Insurance 638.60
Long Term Disability -
Uniform Allowance -
Car Allowance 400.00
Council Expense 375.00
Employee Assistance -
Boot Allowance -
Motor Pay 50.00
-
320,232.12
I.b.
MEMORANDUM
TO: CITY COUNCIL ucs
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICESql- ~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR crJV
SUBJECT: STATEMENT OF INVESTMENT DEPOSITS
DATE: June 24, 2003
Attached please find a report listing the current investment deposits of the City of Arroyo
Grande, as of May 31, 2003, as required by Government Code Section 53646 (b).
------.--.---
CITY OF ARROYO GRANDE
MONTHLY INVESTMENT REPORT
/14 ~ 1It4, 31, 2003
<<~" " , ,,~'" - ""<'ww m _, ,.._", , ,,", , '"
June 24, 2003
This report presents the City's investments as, of May 31, 2003. It includes all
investments managed by the City, the investment institution, type of investment,
maturity date, and rate of interest. As of May 31, 2003, the investment portfolio was in
compliance with all State laws and the City's investment policy.
Current Investments:
The City is currently investing all short-term excess cash in the Local Agency
Investment Fund (LAIF) administered by the State Treasurer. This is a very high
quality investment in terms of safety, liquidity, and yield. The City may readily
transfer the LAIF funds to the City's checking account when funds are needed. At this
time, the City does not hold any other investments. The following is a comparison of
investments based on book values as of May 31, 2003 compared with the prior month
and the prior year.
LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR
Date: May 2003 April 2003 May 2002
Amount: $14,000,000 13,700,000 12,250,000
Interest Rate: 1.77% 1.88% 2.79%
-
8.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER,,>:'~
v
SUBJECT: CONSIDERATION OF SALARY AND BENEFIT ADJUSTMENTS FOR
MANAGEMENT EMPLOYEES
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution approving
compensation and benefit adjustments for management employees for FY 2003-04.
FUNDING:
The cost impact of the recommendations is approximately $50,000 for FY 2003-04.
Funding is available within the unallocated balance in the FY 2003-04/ FY 2004-05 Bi-
Annual Budget. If approved, appropriate allocations will be made in the first quarter
financial report.
.
DISCUSSION:
Management compensation is reviewed on an annual basis and adjustments are
normally recommended in conjunction with the annual budget process. The City's
current salary and classification system was structured based on a compensation and
classification study completed by Ralph Andersen & Associates in September 1997. As
noted in the study, the goals of the City's compensation plan are to:
. Ensure that the City has the ability to attract ~nd retain well-qualified personnel
for all job classes;
. Ensure that the City's compensation practices are competitive with those of
comparable employers;
. Provide defensibility to City salary ranges based on the pay practices of similar
employers; and
. Ensure pay consistency and equity among related classes based on the duties
and responsibilities assumed.
-
CITY COUNCIL
MANAGEMENT SALARY AND BENEFIT ADJUSTMENTS
JUNE 24, 2003
PAGE 2
In order to maintain these goals, the attached resolution includes the following changes:
. A proposed 2.5% "Cost of Living Adjustment" (COLA), which would affect all
employees in the Management classification. This is below current CPI and
increases granted by other municipalities in the County.
. It is recommended that automobile allowance be increased for directors without an
assigned vehicle from $100 to $200 per month in order to address costs of utilizing
their personal vehicles for City business purposes. This includes the Financial
Services Director, Community Development Director, and Administrative Services
Director.
. It is recommended that maximum annual leave accumulation for management
employees be increased from 700 to 725 hours.
. The proposed agreement with SEIU includes providing an 8-hour holiday rather
than four hours on December 24th. Therefore, in order to close City administrative
offices on that day, it is recommended management employees also receive a eight
hours of holiday leave on December 24th if the MOU with the SEIU is approved by
their membership.
. It is recommended the Police Department Executive Secretary receive an annual
uniform allowance of $400.00 for responsibilities the position performs involving the
need to wear a uniform.
. Due to compaction in salaries in relation to non-management classifications, the
following adjustments are proposed to the following positions:
Classification Current Salary Range Proposed Salary Range
. Police Commander M-52 M-53
. Executive Secretary M-27 M-29
. Administrative Secretary M-22 M-24
Employees in these classifications will be eligible for increases within the new range at
their employment anniversary date.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt resolution approving the salary and benefit adjustments as outlined above;
- Modify as appropriate and adopt the resolution approving salary and benefit
adjustments;
- Provide direction to staff.
-------_..--_._._-~---_._---
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING SALARY AND BENEFIT
ADJUSTMENTS FOR MANAGEMENT EMPLOYEES FOR
FI'SCAL YEAR 2003-04
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City that compensation and benefits for Management employees be
adjusted as hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. All Management classifications shall receive a salary Cost of Living Adjustment
(COLA) of 2.5% to be effective for the pay period beginning July 1, 2003.
2. Salary ranges for Management classifications shall be adjusted as designated
in Exhibit "A" attached hereto and incorporated by this reference.
3. Automobile allowance for directors receiving automobile allowance shall be
increased from one hundred dollars ($100.00) to two hundred dollars ($200.00)
per month to be effective for the pay period beginning July 1, 2003.
4. The Police Department Executive Secretary shall receive an annual uniform
allowance of $400.00 to be effective July 1, 2003.
5. The maximum annual leave accumulation for Management employees shall be
increased from 700 to 725 hours to be effective July 1, 2003.
6. Holiday leave granted to Management employees on December 24th shall be
increased to eight (8) hours.
7. The terms of this Resolution shall be effective as of July 1, 2003.
8. All other Management employee salary and benefit terms and conditions
remain in full force and effect.
On motion of Council Member seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2003.
-----"--
RESOLUTION NO.
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
--~--~-
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
2.5% Salary Range Adjustments 7-1-03
2.5% 2.5% 2.5%
Range Low Mid High Position
M-10 Old 1,908 2,104 2,320
New 1,956 2,157 2,378
M-11 Old 1,957 2,157 2,378
New 2,006 2,211 2,438
M-12 Old 2,005 2,210 2,436
New 2,055 2,266 2,497
M-13 Old 2,055 2,265 2,498
New 2,106 2,322 2,560
M-14 Old 2,106 2,322 2,560 Office Assistant I
New 2,159 2,380 2,624
M-15 Old 2,160 2,382 2,625
New 2,214 2,441 2,691
M-16 Old 2,213 2,440 2,691
New 2,268 2,501 2,758
M-17 Old 2,297 2,530 2,785
New 2,354 2,593 2,855
M-18 Old 2,324 2,564 2,827 Office Assistant IT
New 2,383 2,628 2,898
M-19 Old 2,384 2,627 2,897
New 2,443 2,693 2,970
M-20 Old 2,443 2,693 2,969
New 2,504 2,760 3,044
M-21 Old 2,503 2,761 3,044
New 2,566 2,830 3,120
M-22 Old 2,567 2,830 3,120
New 2,631 2,901 3,198
M-23 Old 2,631 2,901 3,198
New 2,696 2,974 3,278
--~.~_._- --..,-
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
2.5 % Salary Range Adjusbnents 7-1-03
2.5% 2.5% 2.5%
Range Low Mid High Position
M-24 Old 2,697 2,974 3,279 Administrative Secretary
New 2,765 3,048 3,361
M-25 Old 2,764 3,048 3,361
New 2,833 3,125 3,445
M-26 Old 2,833 3,123 3,443
New 2,904 3,201 3,529
M-27 Old 2,905 3,203 3,530
New 2,977 3,283 3,618
M-28 Old 2,977 3,283 3,618
New 3,052 3,365 3,709
M-29 Old 3,052 3,365 3,709 Executive Secretary
New 3,128 3,449 3,801
M-30 Old 3,127 3,449 3,802
New 3,206 3,535 3,897
M-31 Old 3,206 3,534 3,898
New 3,287 3,623 3,995
M-32 Old 3,287 3,623 3,994 Assistant Planner
New 3,369 3,714 4,094
M-33 Old 3,368 3,713 4,094
New 3,452 3,806 4,196
M-34 Old 3,453 3,806 4,196
New 3,540 3,902 4,301
M-35 Old 3,539 3,902 4,301
New 3,627 3,999 4,409
M-36 Old 3,628 4,000 4,409
New 3,718 4,100 4,519
M-37 Old 3,718 4,098 4,519 Associate Planner
New 3,811 4,201 4,632
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
2.5% Salary Range Adjustments 7-1-03
2.5% 2.5% 2.5%
Range Low Mid High Position
M-38 Old 3,811 4,201 4,632 Executive Assistant to the CM.
New 3,906 4,306 4,748
M-39 Old 3,906 4,306 4,748
New 4,004 4,413 4,866
M-40 Old 4,003 4,413 4,867
New 4,103 4,523 4,989
M-41 Old 4,104 4,524 4,988
New 4,206 4,637 5,113
M-42 Old 4,205 4,637 5,113
New 4,310 4,753 5,241
M-43 Old 4,312 4,753 5,240
New 4,420 4,872 5,371
M-44 Old 4,420 4,873 5,372
New 4,530 4,995 5,506
M-45 Old 4,532 4,996 5,507 Chief BUilding Inspector
New 4,645 5,120 5,644
M-46 Old 4,645 5,121 5,645 Administrative Services Director
New 4,761 5,249 5,786 Chief Building Inspector
M-47 Old 4,761 5,249 5,786 Human Resources Manager
New 4,880 5,380 5,931
M-48 Old 4,881 5,381 5,931
New 5,004 5,515 6,080
M-49 Old 5,001 5,514 6,080
New 5,126 5,652 6,232
M-50 Old 5,127 5,653 6,232
New 5,255 5,794 6,388
M-51 Old 5,254 5,793 6,389 Assistant City Engineer
New 5,386 5,938 6,548
--
-
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
2.5% Salary Range Adjustments 7-1-03
2.5% 2.5% 2.5%
Range Low Mid High Position
M-52 Old 5,387 5,940 6,548
New 5,522 6,089 6,711
M-53 Old 5,522 6,088 6,712 Economic Development Director
New 5,660 6,240 6,880 Police Commander
M-54 Old 5,661 6,241 6,880
New 5,803 6,397 7,052
M-55 Old 5,803 6,398 7,052
New 5,948 6,557 7,229
M-56 Old 5,948 6,557 7,229
New 6,096 6,720 7,410
M-57 Old 6,096 6,721 7,410
New 6,248 6,889 7,595
M-58 Old 6,249 6,890 7,595 Pks, Rec. & Facilities Director
New 6,406 7,062 7,785 Financial Services Director
M-59 Old 6,405 7,062 7,786 Building & Fire Director
New 6,565 7,239 7,981 CD. Director
M-60 Old 6,566 7,239 7,982 P.W. Director
New 6,731 7,420 8,181
M-61 Old 6,730 7,420 8,180
New 6,898 7,605 8,385
M-62 Old 6,899 7,606 8,385
New 7,071 7,797 8,595
M-63 Old 7,071 7,796 8,595 Police Chief
New 7,248 7,991 8,810
M-64 Old 7,248 7,991 8,811
New 7,429 8,191 9,031
M-65 Old 7,430 8,191 9,030
New 7,615 8,396 9,256
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
2.5% Salary Range Adjustments 7-1-03
2.5% 2.5% 2.5%
Range Low Mid High Position
M-66 Old 7,614 8,394 9,255
New 7,804 8,604 9,486
M-67 Old 7,804 8,605 9,487
New 7,999 8,820 9,724
M-68 Old 7,999 8,820 9,724
New 8,199 9,040 9,967
M-69 Old 8,200 9,040 9,967
New 8,405 9,266 10,216
M-70 Old 8,405 9,267 10,216
New 8,615 9,499 10,471
M-71 Old 8,616 9,498 10,471
New 8,831 9,735 10,732
M-72 Old 8,829 9,734 10,733
New 9,050 9,978 11,001
M-73 Old 9,051 9,979 11,001
New 9,277 10,229 11,277
M-74 Old 9,278 10,228 11,277
New 9,510 10,484 11,559
M-75 Old 9,508 10,484 11,559
New 9,746 10,746 11,848
B.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICE~
SUBEJCT: CONSIDERATION OF REJECTION OF CLAIMS AGAINST CITY
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council reject the attached Claims for Damages against
the City filed by SBC/Pacific Bell, Los Angeles; and Matthew and Wesley Hart, Paso
Robles.
FUNDING:
None.
DISCUSSION:
THE City's insurance administrators have reviewed the above-referenced claims and
recommend they be rejected.
.
Attachments:
1. Claims
2. Rejection Letters
.'.~,"'._--------
(!~ (}jy( ~~. Attachment 1 ,
1 City of Arroyo Grande
Ci, A+\on'tRJ, CLAIM FOR DAMAGES REGElIVgjJ
'Dl~ of- t.'~TO PERSON OR PROP~ft~8f A~KaYO gR,r-,H'~::
File with: ~t& ~JLfI~ RESERQi ~~ ~~L:l:JJ !~M
CITY CLERK'S OFFICE Claim No.
214 East Branch Street =36~
Arroyo Grande, CA 93420
INSTRUCTIONS
1. Claims tor death, injury to person or personal property must be tiled
not later than six months atter the occurrence. (Gov. Code Sec. 911.2)
2. Claims for damages to real property must be filed not later than 1 year
after the occurrence. (Gov. Code Sec. 911.2)
3. Read entire claim form before tiling.
4. See page 2 tor diagram upon which to locate place ot accident.
5. This claim torm must be signed on Page 2 at bottom.
6. Attach separate sheets, it necessary, to give tull details.
SIGN EACH SHEET.
TO: (Name ot City) Date of Birth
ot Claimant .. ~.
occupation ot Claimant
Home Telephone Number
- -
tshi(~ g[imaNt 3~L~C~e
Give, address and telephone number to
which you desire notices or communica-
tions to be sent regarding this claim:
S AfV'- f::. Pr~ A- \S oVt:-
When ~or INJURY occur? Names of any cit.y, .employees
Date \ \ 4 03 Time involved in INJURY or DAMAGE
If claim is for Equitable
Indemnity, give date claimant (5Y"\ .51~
served with that complaint: .
Date: (\ 6t... ~ ~ 0(1 ~~
Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on
reverse side of this sheet. Where appropriate, give street names and
address and measurements from landmarks: C t ~ D-f
G::, e.. Ai\J D q...., H-AL C '-l0lJ ltJ ~
~O G(~te..
Describe in detail how the DAMAGE or INJURY occurred.
C\ ~ -fv(I()-ecL ()).'\. (lIL h'1d.(~t ulc 14 1(\
(\ACL(\ h()~ LJ-et {Cv~
Why do you claim the City is responsible?
, .,'
oYL S t \ ~
Describe in detail each INJURY or DAMAGE
~ bt\ \"- (~~kCaAA..4q-e...1 CU~~(Y\-e.-rS 01JT- 0 f
SJ.V{\.h C- e..
~~o n~~o ? (nURA\ '1'HTS. CLAIH-MUSTBE SIGNED ON REVERSE SIDE
The amount claimed, as of the date of presentation of this claim,
is computed as follows:
Damage incurred to date (exact): Estimated prospective damages
as far as known:
Damage to property......$ Future expenses for medical
Expenses for medical and hospital care.....$
and hospital care.......$ Future loss of
Loss of earnings........$ earnings..............$
Special damages for Other prospective special
. . . . . . . . . . . . . . . . . . . . . . . . $ damages. . . . . . . . . . . . . . . $
General damages.........$ Prospective general
Total damages incurred damages...............$
to date...............$ Total estimate prospective
damages.............$
Total amount claimed as of date of $ Zq 5' J7. 00
presentation of this claim........$ I'
)
Was damage and/or injury investigated by police? \ ./ ^ ~~
If so, what city:
Were paramedics or ambulance called? Y'C)
If so, name city or ambulance
If injured, state date, time, name and address of doctor of your first
visit ""-
............
""'
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons
known to have information:
Name Address
Name Address
Name Address
DOCTORS and
Hospital Address
Doctor Address
Doctor Address
READ CAREFULLY
For all accident claims place on following diagram names of streets,
including North, East, South, and West; indicate place of accident by "X"
and by showing house numbers or distances to street corners. If city
Vehicle was involved, designate by letter "A" location of city Vehicle when
you first saw it, and by "B" location of yourself or your vehicle when you
first saw city vehicle; location of city Vehicle at time of accident by "A-
1" and location of yourself or your vehicle at the time of the accident by
"B-1" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a proper
diagram signed by claimant.
I L
SIOEW^LK
cuna
r^AKW^V
SloeWJ\LK
I I
Signature of Claimant or person Typed Name: ~ Date:
f n n behalf giving ^ A . II
tio ship to A C~aimant ~ \ a rlt IV \ Cl Y'\ GII) \ Y 7- 03
tAt\.1.}vt ctllQI\/
E: CL^IMS MUST BE FILED WITt! CITY CLERK (Gov. Code Sec. 915a).
Presentation of a false claim is a felony (Pen. Code Sec. 72).
- ~
Matthew Hart RE~pVE~... " \'/~
01TV rr- '.1\1\OYO Ci\j-\,f..:.E
6775 Monterey Road i.... i ~ .,. , .
Paso Robles, CA 93446 03 JMt '1 PM t: 23
Wesley Hart " Ca.t I ~~arCo.
1199 T erebinth Ln. t',
Templeton, Ca 93465 ~~ A~~n~
Claimants in pro per tM\e~ v-f.- Pol\cG
I \ n \0)
Claim for Damages
California Government Code Section 910
Claimants hereby make a claim against the CITY OF PASO ROBLES, THE CITY
OF ATASCADERO and the CITY OF ARROYO GRANDE pmswuit to Government
Code Section 910, et. seq.
(a) Claimant's names and addresses: Matthew Hart, 6775 Monterey Road, Paso
Robles, CA 93446. Wesley Hart, 1199 Terebinth Ln., Templeton, CA 93465.
(b) Notices are to be sent to Matthew Hart, 6775 Monterey Road, Paso Robles,
CA 93446 or Wesley Hart, 1199 Terebinth Ln., Templeton, CA 93465.
(c) Date and situs: Commencing July 18, 2002 at approximately 4:30 P.M. at
Jardine and Highway 46 East, Paso Robles, Paso Police Department, San Luis
Obispo County Jail, San Luis Obispo County General Hospital and San Luis
Obispo Superior Court.
As Claimants were leaving a residence at 2112 Park, Paso Robles, Ca, Officer
Torres of the Paso Robles Police Department pre-textually stopped Claimants' vehicle 3
miles outside of the Paso Robles City Limits. The stop was video taped by Officer
Torres' patrol unit.
Officer Torres advised Claimant Wesley Hart that he was being stopped for no
ftont plate and failure to signal. Officer Torres asked for identification, confirmed
Claimants' identifications and confirmed the contents of a plastic bag in the back seat of
Claimants' vehicle as containing compact disks. (See video for confirmation)
Claimants continued to be detained by Officer Torres for over 15 minutes
(videotape timer confirms this). Officer Torres would not issue a ticket to Claimants and
continued to seek direction from others on his radio and cell phone.
Claimants continued to demand ftom Officer Torres the basis for the stop and if
they were going to be given a traffic ticket. As shown on the tape, Claimants get no
adequate response from Torres or any explanation ofhis actions.
Officer Torres then has a cell phone conversation with someone and on the
videotape you can clearly hear him say ''unless I can get them for something"
1
-
----_._--~-"-
Officer Torres then came back to Claimant's vehicle and falsely accused Claimant
Wesley Hart of being under the influence and demands that he get out of the car and take
some tests. The basis for this allegation by Officer Torres was that Wesley's ''pupils
were constricted." At the time the vehicle, as shown on the video, was facing west. It
was 4:30 in the afternoon on a clear and sunny July day.
Claimant Wesley Hart starts to take the tests but informs Torres that this is
harassment at which point Torres tells Wesley he is probably going to jail. (All contained
on the video)
Claimant Matthew Hart, upon hearing his son is probably going to jail and the
sudden accusation of being under the influence, tries to place a call from Claimants' cell
phone to Sheriff Pat Hedges, a family mend at the SLO County Sheriffs office for help.
When Claimant Matthew Hart cannot get a signal on his cell phone, Claimant
Hart got out of the car and announced to Officer Torres that he was "calling the cops"
and started walking to higher ground with his cell phone. (See video for verification).
Officer Torres then screams at Claimant Matthew Hart to get back in the car and
runs towards him and grabbing his arm to force him back to the vehicle. C1aimant
Matthew Hart complied with Officer Torres' request and returned to the vehicle. (See
video where all statements and actions are clearly evident).
Claimants, at Torres' direction, placed their hands on the roof of the vehicle.
Officer Bromby of the Arroyo Grande Police Department, Officer opferman of the Paso
Robles Police Department and Officer Ayles of the Atascadero Police Department then
arrived in unmarked vehicles. The three officers, wearing plain clothes proceeded to
immediately attack Claimants. None of the officers identified themselves as police
officers. (See video that shows the attack and the audio where the undercover officers fail
to identify themselves)
Claimant Matthew Hart was immediately thrown on the ground choked, beaten
and injured by officers' Opferman and Torres. Claimant Matthew Hart suffers ftom a
pre-exiting back condition. The attack by these officers seriously aggravated that
condition.
At the time of the attack on Claimant Matthew Hart, Claimant Wesley Hart was
standing by the vehicle and had been handcuffed. When Officer Ayles arrived, she
immediately drew her weapon pointed it at Wesley and screamed "get down." As
Claimant Wesley Hart, in great fear of imminent bodily injury and death, started to
comply (see video) Ayles screamed again "I said get down!" at which time Officer
Bromby turned on Claimant Wesley Hart throwing him face first to the ground chipping
cIaimant Wesley Hart's front tooth and causing other injwies to his body.
After physically abusing both Claimants, the officers, without any lawful
justification or probable cause placed both Claimants under arrest and then illegally
searched their vehicle. The Officers, using the keys from the ignition, opened the trunk
and illegally searched the trunk of the vehicle and its contents.
Claimants eventually received a copy of the police video of the arrest and have
discovered that the audio portions of the video have been edited and only selected
portions of the audio can be heard. Most of the conversations between the officers
searching the trunk can not be heard. Only selected questions to Claimants are heard.
(Tampering with Evidence, California Penal Codes sections 132-134)
2
- -~- .._~-~ ----------'"
Claimants also note that portions of the video may have been deleted. Fortunately
the portion showing Officer Bromby searching the trunk is still available along with
video showing Bromby reaching in his own pockets during the search of the trunk.
Claimants believe it was during this portion of the search that one of the officers pushed a
clip into the Claimant Matthew Hart's handgun. (California Penal Code 182, Conspiracy
to Fraudulently Convict and Section 132 Obstruction of Justice)
Following the search of the vehicle, the police video camera car was turned
around and aimed away from the arrest. Officer Bromby then took Claimants out of the
patrol car, in handcuffs stood them on the side of the road in view of the public, pulled
their pants down and their underwear and proceeded to inspect their genital areas
inflicting great emotional distress on Claimants.
Claimtt-nts were transported by the officers to the Paso Robles Police Station. Both
Claimants were told they were being charged with obstruction of justice and Claimant
Wesley Hart was being charged with driving under the influence of a controlled
substance which charges the officers made knowing that no such crimes had been
committed.
ClairnaTlt Wesley Hart agreed to take the urine test but was to scared to urinate in
ftont of the officers. Claimant Wesley Hart was never offered the option of a blood test.
The following day Claimant Wesley Hart took a voluntary drug test at Twin Cities
Hospital and no drugs of any type were found in his system.
While at the Paso Robles Police Station, Officer Bromby started harassing
Claimant Matthew Hart and a verbal ahercation OCCUlTed. Officers Bromby and
Opferman then jumped on Claimant Matthew Hart in the station, jerked his arms behind
him and cuffed him so tightly that they cut off the circulation to his hands. After 30
minutes Claimant Matthew Hart could no longer take the pain and asked to have the cuffs
loosened at which point Officer Opferman, promising to loosen them, in fact tightened
the cuffs even more and laughed about it. Claimant Matthew Hart asked for a telephone
call to his lawyer and demanded his rights. Officer Bromby informed him "You have no
rights and we don't have to read you your rights."
The Paso Robles Police Department has an internal video system and there was a
video camera aimed at Claimant Hart the entire time this incident with Officers'Bromby
and Opferman took place. Claimants' have requested copies of all videotapes but the
tape of this incident in the police station has not been produced. (California Penal Code
Section 134, Destruction of Evidence)
Following the altercation in the station, Bromby and Opferman loaded Claimant
Matthew Hart into a Paso Robles police car, still tightly handcuffed, for transport to San
Luis Obispo County General Hospital and then to booking at the SLO county jail.
On the way to the hospital, the officers, using the patrol units' flashing lights,
pulled over a pickup load of girls and talked to them for 20 to 25 minutes meanwhile
Claimant Matthew Hart was still tightly cuffed and in extreme pain, in the patrol vehicle.
At this point Claimant Matthew Hart felt that Opferman and Bromby were
considering killing him and was in great fear of imminent bodily injury and death.
Claimant Matthew Hart had in his possession the following prescription
drugs: Hydorcordone, Xanax and Tylenol 3. All drugs are prescribed to Claimant and
he has valid prescriptions for each of them. The officers were informed of this at the
3
~-
time of the arrest. Included in Claimant Matthew Hart's backpack was an empty
prescription bottle for Vicoprofen prescribed to his fiancee
The officers returned all of Claimant Matthew Hart's prescription drugs except 4
~ Hydrocordone, 6 Xanax and 10 Tylenol 3 and his fJ.ancee's empty Vicoprofen bottle.
Claimant Matthew Hart is now being fraudulently prosecuted for illegal
possession ofHydorcordone, Xanax and Tylenol 3 all of which he has prescriptions for.
The Officers prepared and filed false and misleading police reports which resulted in
filing of criminal charges including possession of sample decongestant pills found in the
trunk of the vehicle belonging to Claimant's ex-wife, the same vehicle Claimants were
driving at the time of the arrest. Claimant Matthew Hart's ex-wife works for Central
Coast Chest Consultants, pulmonary specialists with offices inTempleton and San Luis
Obispo California. C1aimant Matthew Hart's ex-wife was transporting the samples for her
employer, Central Coast Chest Consultants, ftom their San Luis office to their Templeton
offices.
When the samples were claimed by Dr. Soll of Central Coast Chest Consultants,
the SLO District Attorney amended the complaint. charging Claimant Matthew Hart with
possession of his own prescription drugs and possession of a loaded weapon. The weapon
was locked in the trunk of the vehicle and was not loaded at the time ,of the ~st.
Claimants were illegally assaulted, arrested, detained, injured, cited and
crimina11y charged on fictional accounts in crime/arrest reports knoWingly written and in
some cases testified to by Paso Robles officers' Torres and Opferman, Atascadero officer
Ayles and Arroyo Grande officer Bromby.
CJaimants' are being criminally prosecuted in bad faith for improper pmposes
with the knowledge that the police reports and testimony were false and intended to cover
up brutality.
This claim is made for deprivation of federal and state civil rights, false arrest, brutality,
assault and battery, malicious prosecution, abuse of process, invasion of privacy, slander
and libel, conspiracy to obstruct justice, conspiracy to maliciously prosecute, conspiracy
to deprive civil rights, torts in essence via violations of California Penal Code Sections
118 (perjury), 118.1 (false crime report by peace officer), 127 subornation of perjury, 145
(unlawful arrest by peace officers), 147 (willful oppression and inhumanity to prisoner),
149 (felonious excessive force by peace officer), 182 (2) (3) (5) (conspiracy to
fraudulently convict), 148.5 (false report of crime), 132 (offering false evidence), 134
(preparation of false evidence) , 135 (destroying evidence), 417 (brandishing a firearm),
245 (assault with a deadly weapon) negligence, negligent employment ofpeace officers,
negligent retention and supervision of peace officers; intentional and negligent infliction
of emotional distress; official customs, polices and practices of the City of Paso Robles,
City of Atascadero and City of Arroyo Grande Police Departments to ignore civilian
complaints of police misconduct, failure to impartially investigate such claims in
accordance with acceptable law enforcement standards, tacit approval of police officer
illegality, brutality, corruption, dishonesty, a peace officer's code of silence, failure to
report known incidents of police misconduct to the California Department of Justice,
failure to maintain necessary and reasonable peace officer personnel records correlating
misconduct to personnel performance reviews.
(d) Personal injuries, loss of earnings, property damage, defense costs,
attorney's fees and general damages to Claimants.
4
DATED: January 16, 2003
~2b-rL
Wesley Hart
5
_m_......__
Attachment 2
~Uy 0/' P.O. Box SSG
~ ~~ 214 FAst Dranela Street
Arroyo GraDde, CA '3421
ADMINISTRATIVE SERVICES . Plaone: (805) 473-5414
FAX: (805) 473-838'
. E-Man: ..clty@arroyogrande~orl
. June 25,2003
SBC/Pacific BeU
..' 1010 WilshirE! Blvd. Rm. #635
Los Angeles CA 90017
. . . -' -
. . . .
REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS
. . .
.' NoticS,is' hereby given that the-claim :.presanted to the City Cbuncilofthe. City of .
Arroyo Grande ,on April 14, 2003 w~s rejected on June 24, 2003. .
. '. '. . . .' ',;' . . " - .: '.~ .'.,.'
Subject 'to certain ,exceptions, you have ()nly,sbC(6) months from the date this
'notice was personaUy delivered or deposited in the United States mail to file a
. CourtAction in. a Municipal or a Su-perior Court of the State Of California onthis
claim (See Government CodeSection 945.6).' , .
. .
You may seek the advice of an attorney of your choice, in connection with this .
matter. If you d~sire to consult an attorney,you should do so immediately.
, . -,' .' ", '. ~
. .. .
. : < Kelly Wetmore .... . . '.. ,',
, Director of Administrative ~ervices .
. , -
c: ' City Manager
City Attorney
Director of Public Works.
Carl Warren & Co.
---------
~"? 0/ P.O. Box 550
~.. fff~ 114 East Branch Street
Arroyo Grande,'CA 93411
Phone: (80S) 473-5414
ADMINISTRATIVE SERVICES FAX: (80S) 473-03M
E-Man:. aiclty@arroyovande.orl
June25,2003
Wesley Hart '
~ 199 T erebinth Ln
"Templeton.CA' 93465 _
. '. .
, ,
,REJECTION,OFCLAIM PRESENTED WITHIN :SIX,MONTHS
" .
,"
Notice is hereby give'n that the .clai'm you presen~ed'to fhe:City.Council of the City
,of Arroyo .Grande on January 17, 2003,was rejededonJune 24, 2003.
WARNING
Subje'ct to certain exceptions: you have only six"(6J monthsfrorhthe date this,
notice WaS personally delivered or deposited in.the'United States mail to file ..a
Court Action in a Municipal ora Sup~rior Court 'of the State of California on this'
claim (See Government Code Section 945.6). " ,
You may seek the advice ,of an attorn'ey of your choice in conneCtion with this
matter. If you desire to consult an attorney, you should do sOimmed,iately.-
, Kelly Wetmore .
Director'of Administrative Services
- . . . I
c: ,City Manager
City Attorney'
Chiefof Police
Carl Warren &. Co.
J
~~o/ P.O. Box SSG
~.8f~ 214 EMt Branch Street
, Arroyo Grande, CA '3421
, ADMINISTRATIVE SERVICES Phone: (80S) 473-5414
FAX: (80S) 47~
E-MaD: agelty@arroyogrande.org
June 25, 2003'
. Matthew Hart
.6775 fytonterey Road '
Paso Robles CA 93446
REJECTION OF CLAIr.n PRESENTED WITHIN SIX MONTHS
,- . < '\".Noticei~herebygiventhat-the:cl~imy6uprese'nted tdthe 9ity"Council6fthe.Gity <'
:.of Arroyo Grande on January 17, 2003 was rejectedbn June 24, 2003,
, , .
(0, ~.
. '
, .'
. - '.,
Subject to certain . exceptions, you -have only six (6) months from the . date this
notice was personally delivered or .depo$ited in the United' States mail to file a
Court A~tion ina',Municipalora Sup~rior 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 incorinection with this
, matter. If you desire to consult an'attorney, you should do so immediately.
.' '", .., .
. ,
Kelly Wetmore . .
Director ofAdministra,tiveServices
c:, City Manager
. .City Attorney
Chief of Police
Carl Warren & Co.
8...
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVB.OPMENT DIRECTOR ~
BY: RYAN FOSTER, ASSISTANT PLANNER~
SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT 03-004;
AUTHORIZATION TO CLOSE CITY STREETS, USE CITY PROPERTY,
AND WAIVE PERMIT AND POUCE SERVICE FEES FOR THE "ARROYO
VALLEY CAR SHO" ON SATURDAY, JULY 26, 2003
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution, approving
Temporary Use Permit 03-004 for the "Arroyo Valley Car Sho", authorizing the
closure of City streets and the use of City property, and authorizing the waiver of
permit and a portion of police service fees.
FUNDING:
The waiver of a portion of police service fees is projected to be $685 and the
waiver of the Temporary Use Permit fee is $105.
DISCUSSION:
On May 9, 2003, the Arroyo Valley Car Club submitted an application for a
Temporary Use Permit for the annual "Arroyo Valley Car Sho" scheduled for
Saturday July 26, 2003. The City has approved Temporary Use Permits for the
Arroyo Valley Car Sho in previous years. The descriptions of the areas to be used
are as follows:
1. Closure of Olohan Alley; Bridge Street between Branch Street and
Traffic Way; Nelson Street between Bridge and Mason Streets; Short
Street between Branch Street and Nelson Street; City Hall parking lot;
and, the lawns on Nelson Street between Short and Mason Streets
from 6:00 A.M. to 5:00 P.M. on Saturday July 26, 2003 for the
purpose of holding the car show.
2. Closure of Mason Street between Branch Street and Nelson Street
from 6:30 A.M. to 10:30 A.M. on Saturday, July 26, 2003 for the
purpose of holding the car show registration.
CITY COUNCIL
ARROYO GRANDE CAR SHO
JUNE 24, 2003
PAGE 2 OF 2
On April 23, 2003, the Staff Advisory Committee (SAC) discussed the
requirements for the event. These items are addressed in the conditions of
approval for the Temporary Use Permit (Exhibit NAN) . A temporary use permit
authorizing street closures may only be issued upon the approval of the City
Council.
In addition to the request to close City streets and use City property, the applicant
has requested the City waive a portion of police service fees and the temporary use
permit fee. This event meets the City Council's established criteria for waiving
temporary use permit fees.
Due to the size and location of the event, the Police Department traditionally
utilizes a foot-beat team composed of two (2) police officers for security purposes.
Since East Branch Street is not blocked off, police officers for intersection control
are not necessary. While the event does not usually produce a large number of
incidents, the police units are beneficial in handling potentially unruly situations and
in keeping illegal alcohol consumption to a minimum. The City di.splays the DARE
unit and other emergency vehicles during the event.
Since 1 991, (except for 1 997 when there was no car show) the City Council has
waived the auxiliary police service fees for the event entirely. This has been done
on the basis that the Arroyo Valley Car Club is a community based non-profit
organization, which places the majority of the funds it raises through the car show
back into the community through donations to other non-profit organizations.
Many of these donations go to youth oriented groups.
Because of the current State budget crisis, the applicant has offered to pay up to a
maximum of $300 towards police costs for the event. This would reduce the
potential loss of offsetting revenue to approximately $685. The event is budgeted
in the Police Department's Overtime Budget and since the City Council has waived
this fee in the past, the auxiliary police services costs for the event have not been
included in the Police Department's Cost Recovery revenue estimates. Therefore,
should the City Council continue the practice of waiving the fee, or a portion
thereof, there will be no negative impact to estimated cost recovery revenues.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Adopt the attached Resolution;
- Modify and adopt the attached Resolution;
- Do not adopt the attached Resolution;
- Provide direction to staff.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 03-
004; AUTHORIZING THE CLOSURE OF CITY STREETS, THE USE
OF CITY PROPERTY, AND A WAIVER OF PERMIT AND A
PORTION OF POLICE SERVICE FEES FOR THE ARROYO VALLEY
CAR SHO TO BE HELD SATURDAY JULY 26, 2003
WHEREAS, organizers of the Arroyo Valley Car Sho have requested closure of
certain City streets and the use of City property as outlined below, for its annual
car show to be held on July 26, 2003; and
WHEREAS, organizers of the Arroyo Valley Car Sho have requested that the City
waive permit and a portion of police service fees; and
WHEREAS, members of the Arroyo Valley Car Club will be responsible for traffic
control and cleanup;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby resolve as follows:
1. That Olohan Alley; Bridge Street between Branch Street and Traffic
Way; Nelson Street between Bridge and Mason Streets; Short Street
between Branch Street and Nelson Street; City Hall parking lot; and,
the la wns on Nelson Street between Short and Mason Streets shall be
closed from 6:00 A.M. to 5:00 P.M. on Saturday July 26, 2003 for
the purpose of holding the car show.
2. That Mason Street between Branch Street and Nelson Street shall be
closed from 6:30 A.M. to 10:30 A.M. on Saturday, July 26, 2003 for
the purpose of holding the car show registration; and
3. That the Arroyo Valley Car Club will adhere to certain requirements
and conditions set forth by the Public Works, Police, and Building and
Fire Departments regarding security and traffic control and all other
applicable conditions of a Temporary Use Permit to be issued by the
City as set forth in Exhibit "A "; and
4. That auxiliary police service fees for the Arroyo Valley Car Sho to be
held on Saturday July 26, 2003 are waived.
--.-----..-
RESOLUTION NO.
PAGE 2 OF 5
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 24th day of June, 2003.
RESOLUTION NO.
PAGE 3 OF 5
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
--
RESOLUTION NO.
PAGE 4 OF 5
EXHIBIT II A"
CONDITIONS OF APPROVAL
II ARROYO VALLEY CAR SHO"
TEMPORARY USE PERMIT 03-004
SATURDAY JULY 26, 2003
General Co.nditio.ns
1. The applicant shall ascertain and comply with all Federal, State, Co.unty and
City requirements as are applicable to. this project.
2. The event shall occur in substantial conformance with the application and
plans on file in the Co.mmunity Development Department.
3. The applicant shall agree to. defend at his/her sole expense any actio.n brought
against the City, its agents, officers, or employees because of the issuance of
said appro.val, o.r in the alternative, to relinquish such approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any co.urt costs
and atto.rney's fees which the City, its agents, officers or employees may be
required by a co.urt to. pay as a result of such action.' The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
Parks and Recreatio.n Department Co.nditio.ns
4. The event organizers shall flag all sprinkler heads on turf and lawn areas to
prevent damage. Applicant will be responsible for cost of broken sprinklers
and labo.r associated with damage caused due to cars on turf area.
5. The event organizers shall coordinate the placement of waste containers by
Friday, July 25, 2003, with the Parks Division and the Director of Parks,
Recreation, and Facilities.
6. The event organizers shall submit a recycling plan and supervise all areas and
pick up litter, waste, and debris, and shall empty all City waste containers in
dumpsters pro.vided by the Car Club.
RESOLUTION NO.
PAGE 5 OF 5
Public Works Department Conditions
7. The event organizers shall be responsible for providing, setting up, and
removing barricades for closures of City streets, alleys and parking lots and
city facilities mentioned in the application.
8. The event organizers shall coordinate with the Police, Public Works, and Fire
Departments in the closures of streets, alleys and parking lots, and the use of
City property.
Building. and Fire Department Conditions
9. The event organizers must comply with the Building and Fire Department
guidelines.
10. Emergency access must be maintained. to the satisfaction of the Director of
Building and Fire.
11. The use of generators must be reviewed and approved by the Director of
Building and Fire.
12. All fire lanes must be posted and enforced per Police and Fire Department
guidelines.
13. All food booths must comply with the San Luis Obispo County and City
Building and Fire Department guidelines.
14. The Building and Fire Department must inspect all food booths and generators
prior to event opening.
15. The event organizers shall provide one handicapped accessible restroom.
8.f.
MEMORANDUM
TO: CITY COUNCIL Q;
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO
BY: t#, KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE OF THE CITY
OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP
OF THE CITY OF ARROYO GRANDE; DEVELOPMENT CODE
AMENDMENT 02-004, APPLIED FOR BY S&S HOMES, FOR
PROPERTY LOCATED AT THE INTERSECTION OF ASH AND
COURTLAND STREETS
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Ordinance amending the Zoning
Map for property located at Ash and Courtland Streets.
FUNDING:
No direct City costs related to the subject rezoning.
DISCUSSION:
The City Council, at its meeting of June 10, 2003, introduced for first reading an
Ordinance amending a portion of the Zoning Map and designating the subject property
as CondominiumfTownhouse (MF) with a Specific Plan overlay (MF-SP). It is
recommended the City Council adopt the Ordinance.
AL TERNA TIVES:
The following alternatives are presented for Council's consideration:
- Approve staff's and Planning Commission's recommendation;
- Modify as appropriate and reintroduce;
- Do not adopt and provide direction to staff.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
OF THE CITY OF ARROYO GRANDE; DEVELOPMENT
CODE AMENDMENT 02-004, APPLIED FOR BY S&S
HOMES, FOR PROPERTY LOCATED AT THE
INTERSECTION OF ASH AND COURTLAND STREETS
WHEREAS, the Zoning Map of the City of Arroyo Grande indicates that the subject 5.23-
acre property is located in the Single-Family (SF) zoning district with a Specific Plan (SP)
overlay; and
WHEREAS, the applicant, S&S Homes, has filed applications for Development Code
Amendment 02-004 to amend the Zoning Map and designate the project .property as
CondominiumfTownhouse (MF) with a SP overlay (MF-SP); and
WHEREAS, adoption of the proposed zoning designation would establish development
and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 02-004 at a duly noticed public hearing on March 4,
2003 and May 6; 2003, in accordance with the Development Code of the City of Arroyo
Grande at which time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 02-004 at a duly noticed public hearing on June 10, 2003, in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the. public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment is consistent with the
goals, objectives, policies, and programs of the General Plan and is necessary and
desirable to implement the provisions of the General Plan.
B. The proposed Development Code Amendment amending the Zoning Map will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Medium density
------
ORDINANCE NO.
PAGE 2
residential development within the project area would be required to meet
development and design standards under the SF zoning designation that insure
orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map are insignificant or can be mitigated to a
less than significant level.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, California hereby adopts Development Code Amendment 02-004 amending a
portion of the Zoning Map as follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Development Code Section 16.24.020 is hereby amended as shown in
Exhibit" A" attached hereto and incorporated herein by reference.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 5: Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Determination.
SECTION 6: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 7: This Ordinance shall take effect thirty (30) days after its adoption.
ORDINANCE NO.
PAGE 3
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2003.
ORDINANCE NO.
PAGE 4
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
T~~YATTORNEY
_.._~--_...__...-
EXH\B\" "A"
m
>-~
(0'-
,--- ~ -~ E"C~
- \ o Q)-
--- ~ :::.:- ~~~
-0 c.-
- ~ Q)GSQ)
L--------" wI------ .. 0) - (/)
~ c. n. ='
;-- ~ \L 1.000
-5q:;J:-
0 3::>n~dS Q) '0 ~ ~
- If 1 U
\ \ J\ l ~ ~ .o~ U.
,..........I~ f.-
- L '-4-- f- g '%~
..-' L- I-- as -
-o.c='
:,J/ c-- \ I-- Q).... ,- ~
- (/)'3 c.
~ 8._.e ~
''P I e.~.g~
\ 0.._ C. C.
~ (/) >- 0 1.0
as:=OK
~ A.~~38N3SA.( ~ i Q)E
- ~GSg~
I--- -
-----, "iu-Q:~
-
~ -0 ! (/) 8-
- , ! ~u. (/)
~ ~ i-- (/)(j)~GS
c: 51 i \/
~ -
I ~ ,.--: I'" f
!XI ---i i
\
~ ~Zl L.---
~~
-
~ aNV1l~no::>
------- - ------..
- I ~
- I-
--1 - i-- -
I i
~ ~ i L---
~ ~ I--
- 0 ~ JI-jf[~W/
:>
:x: 9 1
'" f..--j'-...
A.~~38~ ~::>
I 1\ 1 ~~ -
'-"
J
>lWd>IVO
- -
:x: f I 1 ~~ T T- ~8 43 -
(,) ~ L-
1 l~ 0
0
'< -4affl ~6
C) :x:
~ ~ - 0
_'5!.
w ~
g
8.g.
MEMORANDUM
TO: CITY COUNCIL
-~
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER j:P>
SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT FOR SPRING 2003
SLURRY SEAL CAPITAL IMPROVEMENT PROJECT, PW 2003-04
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council:
A. award a construction contract for the Spring 2003 Slurry Seal Capital I mprovement
Projectto Intermountain Slurry Seal, Inc. in the amount of $143,441.79; and,
B. authorize the City Manager to approve change orders not to exceed the contingency
of $14,344.00 for use only if needed for unanticipated costs during the construction
phase of the project (total construction costs = $143,441.79 + $14,344.00 =
$157,785.79); and,
c. direct staff to issue the Notice of Award and Notice to Proceed with other necessary
contract documents.
FUNDING:
The proposed FY 2003/04 Capital Improvement Program budget includes $191,436 for
the Annual Street Maintenance Project/Pavement Management System capital
improvement project. The remaining balance will be carried over to future maintenance
projects. '
DISCUSSION:
On May 27,2003, the City Council directed staff to solicit bids for the Spring 2003 Slurry
Seal Project. On June 10, 2003, five bids were publicly opened for the project. The lowest
responsive bidder, Intermountain Slurry Seal, Inc., submitted a bid of $143,441.79.
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT FOR SPRING 2003 SLURRY SEAL
CAPITAL IMPROVEMENT PROJECT, PW 2003-04
JUNE 24, 2003
PAGE 2
The bid has been verified and found to be in compliance with the contract specifications
with the exception of minor calculation errors. The errors resulted from "rounding" of the
unit prices for the quantities identified in the slurry seal schedules. Since the unit prices
take precedence over the extended bid item prices, the total bid is adjusted from
$143,297.08 to $143,441.79.
The Spring 2003 Slurry Seal capital improvement project includes streets that were
recommended in the June 2001 Pavement Management Report, adopted by Council on
August 28, 2001. Due to the availability of funds, the Spring 2003 Slurry Seal Project
combines the report's rehabilitation recommendations for Fiscal Year 2003-04 with Fiscal
Year 2004-05.
The contract time for this project is specified at 30 calendar days. Work is expected to
begin in early July 2003 and completed by the middle of August 2003 as described in
Attachment No. 2 - "Project Schedule".
ALTERNATIVES:
The following alternatives 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.
Attachments:
1. Bid Opening Log Sheet
2. Project Schedule
3. List of Streets - Spring 2003 Slurry Seal Program
ATTACHMENT 1
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: June 10, 2003
Spring 2003 Slurry Seal Project
BIDDER'S NAME. CITY TOTAL
Intermountain Slurry Seal, Inc. $143,297.08
Loomis
Valley Slurry Seal Company $150.447.57
West Sacramento
American Asphalt South, Inc.. $156,053.19
Fontana
Asphalt Maintenance' Company $195,283.68
Visali~
~~ .
" . Ii' cklt.d>../L-
Kelly etmo e, . .'
Administratiye Services Director/Deputy City Clerk
",'
c: Director of Public Works
City Manager
- ---~-~-..._---~_..._---_._.-
ATTACHMENT 2
ceUyof~CB~
Tentative Project Schedule
For
Spring 2003 Slurry Seal Capital Improvement Project
Project No. PW 2003-04
Authorization to Solicit Bids (at City Council meeting) ..........................................................May 27,2003
151 Notice to Bidders..... ......... .................... ....................... ........................................................ May 30, 2003
2nd Notice to Bidders (min 5 days between publications)...........................................................June 6, 2003
Bid Opening (Thursday, 2:00 p.m. City Council Chamber).....................................................June 10,2003
Award of Bid at City Council meeting .....................................................................................June 24, 2003
Notice of Award........................................................................................................................ June 25, 2003
Notice to Proceed ...................................................................................... ................ ........ ......... July 7, 2003
Contract Completion (30 calendar days) ................................................................................August 6,2003
-- ---~----_._-- J
Spring 2003 Slurry Seal Program A TT ACHMENT 3
City of Arroyo Grande, CA
Project No. PW 2003-04
Schedule I Street From To Are. (sf)
Schedule A
Rodeo Drive W. Branch Street James Way 184,800
Schedule B
Camino Mercado W. Branch Street Rancho Parkway 101,200
Via Bandalero Avenida De Diamante Via Vaquero 136,400
Via Vaquero Avenida De Diamante Rancho Parkway 60,800
Rancho Parkway W. Branch Street James Way 206,100
Schedule C
Gularte Road Stagecoach Road End 27,792
Outland Court GuJarte Road End 4,860
Stagecoach Road Platino Lane City Limits 49,896
Zogata Way Stagecoach Road Gularte Road 55,676
Schedule D
Elm St. Rec. Prkng Lot End of Road Building 15,825
Ash St. Bthrms Parking Lot Ash Street Ash Street 9,000
Corp Yard Parking Lot East Gate Corp Yard West Gate Corp Yard 18,960
Soto Cmplx Prkng Lot East Gate Corp Yard Soto Cmplx Offices 12,555
Soto Cmplx Prkng Lot Soto Cmplx Offices End 34,144
~ Schedule E
Noel Street Oak Park Blvd End 14,800
Dixson Oak Park Blvd End 14,800
Schedule F
Spruce Street Ash Street Cedar Street 26.894
Spruce Street Cedar Street Poplar Street 27,200
Cedar Street Boysenberry Street Spruce Street 4,800
Cedar Street Spruce Street Aspen Street 27,200
Sage Street Spruce Street Aspen Street 17 ,120
Juniper Street Poplar Street East Grand 51,072
Poplar Street Juniper Street Elm Street 16,720
Poplar Street Juniper Street Drainage Basin 10,836
Aspen Street Ash Street Poplar Street 54,492
Estimated Total 1,183,942
I.h.
MEMORANDUM
TO: CITY COUNCIL
~~
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
DAN HERNANDEZ, PARKS, RECREATION & FACILITIES DIRECTOR
SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT FOR THE SOTO
SPORTS COMPLEX LIGHTING PROJECT, PW 2003-02
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council:
A. award a construction contract for the Soto Sports Complex Lighting Project to Lee
Wilson Electric Company in the amount of $202,200;
B. authorize the City Manager to approve change orders not to exceed the contingency
of $20,220 for use only if needed for unanticipated costs during the construction
phase of the project (total construction costs = $202,200 + $20,220, = $222,420);
and,
C. direct staff to issue the Notice of Award and Notice to Proceed with other necessary
contract documents.
FUNDING:
The FY 2003/04 Capital Improvement Program budget includes $300,000 for the Soto
Sports Complex Lighting capital improvement project.
DISCUSSION:
On May 27, 2003, the City Council directed staff to solicit bids for the Soto Sports Complex
Lighting Project. On June 17, 2003, 3 bids were publicly opened for the project. The
lowest responsive bidder, Lee Wilson Electric Company, submitted a bid of $202,200.
The bid has been verified for accuracy and found to be in compliance with the contract
specifications.
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT FOR THE
SOTO SPORTS COMPLEX LIGHTING PROJECT, PROJECT PW 2003-02
JUNE 24, 2003
PAGE 2
This lighting project is part of the original concept for the Soto Sports Complex. The
majority of the sports fields are equipped with lights with the exception of the Pilg and
Campbell field and the Don Roberts field. The Pilg and Campbell sports field is a
combination field that can accommodate either two softball diamonds or one soccer field.
The project was designed as a performance specification to allow the lighting
suppliers/contractors to analyze the desired lighting levels and unique characteristics of the
sports field. Although many of the systems are proprietary, the most likely configuration
will consist of eleven light standards placed around the perimeter of the field.
The contract time for this project is specified at 90 calendar days. Work is expected to
begin in July 2003 and finish by the end of August 2003 as shown in the attached project
schedule.
ALTERNATIVES:
The following alternatives 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.
Attachments:
1. Bid Opening Log Sheet
2. Project Schedule
---'--'-'_,~~-- --
ATTACHMENT 1
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: June 17, 2003
Soto Sports Complex Lighting Project
BIDDER'S NAME, CITY BASE BID BID ALT. TOTAL
Benergy, Inc. $210,225 $ 31,500 $241,725
Arroyo Grande, CA
Lee Wilson Electric Company $191,300 $ 10,900 $202,200
Arroyo Grande, CA
OMS Electric, Inc. $244,644 $ 10,804 $255,448
Santa Maria, CA
.
~L~~ '
'\
Mary Bass , ..
Executive sistantlDeputy City Clerk
c: Director of Public Works
Director of Parks, Recreation & Facilities '
City Manager
ATTACHMENT 2
ceittJoI~ r&~
Tentative Project Schedule
For
Soto Sports Complex Lighting Project
Project No. PW 2003-02
Authorization to Solicit Bids ...................................................................................... May 27, 2003
151 Notice to Bidders........ ................... ....... ............. ........ ........... .................................. May 30, 2003
Pre-Bid Conference / Job Walk (Thursday, 2:00 p.rn., City Council Chambers) ..................... June 5, 2003
2nd Notice to Bidders........... .............. ..................... ........ ......... ............ ..... .......... .;......... June 6, 2003
Bid Opening (Tuesday, 3:00 p.m. City Council Chambers) ...........................................:....... June 17,2003
Authorization to A ward Bid.................. ......................................................... ............. June 24, 2003
Notice of Award. ................ .................. ................. ................ ....... .................... .......... June 25, 2003
Notice to Proceed ................ ................. .......... ............................................................. June 25, 2003
Contract Completion (90 calendar days) ..................................................................... August 25, 2003
-'
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING SEWER AND
WATER RATES AND CHARGES OUTSIDE THE CITY LIMITS
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution establishing new
water and sewer rates and charges for properties outside the City limits. Revenue from
outside water sales is included in the total projected water sales revenue.
FUNDING:
The anticipated increase in Water revenue with the 5% increase approved by Council
on May 27, 2003 is as follows: FY 2003/04 = $70,000; FY 2004/05 = $177,900; FY
2005/06 = $284,700; and FY 2006/07 = $402,800. The anticipated increase in Sewer
revenue with the 10% increase approved by Council on May 27, 2003 is as follows: FY
2003/04 = $45,400; FY 2004/05 = $116,200; FY 2005/06 = $186,000; and FY 2006/07 =
$264,600.
DISCUSSION:
On May 27, 2003, the City Council approved the Water and Sewer Rate Study Update
and adopted a resolution establishing new water and sewer rates. The resolution listed
the water and sewer rates and charges for properties within the City limits, but did not
include the proposed changes for rates and charges for properties outside the City
limits.
Because differences in the cost of providing services, rates and charges for properties
outside the City limits are based on ratios:
. Service charges are 2 times the Inside City rate; and,
. Volume charges are 1.24 times the Inside City rate.
The water and sewer rates and charges for both inside and outside the City limits are
listed together on the attached resolution. The water and sewer rates and charges for
properties outside the City limits must be adopted by the Council before they can be
implemented by the Financial Services Department.
-_._.-.~ ------~-,--~-
-------------_.---
CONSIDERATION OF A RESOLUTION ESTABLISHING SEWER AND WATER
RATES AND CHARGES FOR PROPERTIES OUTSIDE THE CITY LIMITS
CITY COUNCIL
JUNE 24, 2003
PAGE 2
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Modify as appropriate and approve staffs recommendation; or
. Provide direction to staff.
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING SEWER AND
WATER RATES AND CHARGES
WHEREAS, Section 13.04.020 of the City of Arroyo Grande Municipal Code enables
the City Council to establish, by resolution, the rates and charges for furnishing water to
customers; and,
WHEREAS, Section 13.12.430 of the City of Arroyo Grande Municipal Code enables
the City Council to establish, by resolution, the rates which will be charged for sewer
service; and,
WHEREAS, the City has conducted a water and sewer rate study which developed
financial plans for each utility that included any revenue adjustments required to meet
all financial obligations; and,
WHEREAS, sewer and water service rates and charges are designed to meet the
objectives desired by the City Council which consist of basic health and sanitation
needs, operating and maintaining a safe and reliable water system, simplified rate
structures that are easy to understand and administer, consideration of industry
practices, and reflect recovery of the cost of providing the service; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City. of Arroyo
Grande hereby adopts the water and sewer service rates and charges set forth in
Exhibit "A" attached hereto and incorporated herein by this reference. This resolution
shall supersede Resolution No. 3681.
On motion by Council Member , seconded by Council Member
, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 2003.
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
.
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
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
WATER RATES AND SERVICE CHARGES
Inside City Services Charges
Meter Size FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
Inches $ / month $ / month $ / month $ / month
5/8 $ 3.90 $ 4.10 $ 4.30 $ 4.60
% 3.90 4.10 4.30 4.60
1 4.55 4.80 5.05 5.40
1-% 5.45 5.75 6.05 6.45
2 7.90 8.30 8.70 9.35
3 25.90 27.25 28.60 30.80
4 32.60 34.25 35.90 38.70
6 48.20 50.65 53.10 57.25
8 66.00 70.45 73.90 78.40
Outside City Serv.ices Charges
Meter Size FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
Inches $ / month $ / month $ / month $ / month
5/8 $ 7.80 $ 8.20 $ 8.60 $ 9.20
% 7.80 8.20 8.60 9.20
1 9.10 9.60 10.10 10.80
1-% 10.90 11.50 12.10 12.90
2 15.80 16.60 17.40 18.70
3 51.80 54.50 57.20 61.60
4 65.20 68.50 71.80 77.40
6 96.40 101.30 106.20 114.50
8 132.00 140.90 147.80 156.80
Inside City Volume Charges I
!
Customer FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07 I
Class $/Ccf $/Ccf $/Ccf $/Ccf ,
I
!
i
Single Family $0.97 $1.01 $1.06 $ 1.11 I
Multi-Family 0.97 1.01 1.06 1.11
Business 0.97 1.01 1.06 1.11 I
Church 0.97 1.01 1.06 1.11 !
1
School 0.97 1.01 1.06 1.11
Hospital 0.97 1.01 1.06 1.11
Irrigation 0.97 1.01 1.06 1.11
Motel 0.97 1.01 1.06 1.11
Convalescent 0.97 1.01 1.06 1.11
Homes
Other 0.97 1.01 1.06 1.11
Hydrant 7.30 7.30 7.30 7.30
CITY OF ARROYO GRANDE
WATER RATES AND SERVICE CHARGES - con't
Outside City Volume Charges
Customer FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
Class $/Ccf $/Ccf $/Ccf $/Ccf
Single Family $ 1.21 $1.26 $1.32 $ 1.38
Mum-Family 1.21 1.26 1.32 1.38
Business 1.21 1.26 1.32 1.38
Church 1.21 1.26 1.32 1.38
School 1.21 1.26 1.32 1.38
Hospital 1.21 1.26 1.32 1.38
Irrigation 1.21 1.26 1.32 1.38
Motel 1.21 1.26 1.32 1.38
Convalescent 1.21 1.26 1.32 1.38
Homes
Other 1.21 1.26 1.32 1.38
Hydrant 7.30 7.30 7.30 7.30
Private Fire Protection Availability Charges
Hvdrant Size FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
Inches $ 1 month $ 1 month $1 month $ 1 month
1-Y2 $ 1.63 $ 1.68 $ 1.70 $ 1.88
2 1.63 1.68 1.70 1.88
3 4.85 5.00 5.08 5.65
4 9.70 10.03 10.18 11.30
6 26.93 27.85 28.25 31.40
8 56.55 58.48 59.30 65.93 !
10 96.95 100.25 101.68 113.00 f
!
~
CITY OF ARROYO GRANDE
SEWER RATES AND SERVICE CHARGES
Customer
Class FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
[a] [b] [b] [b]
Monthly Customer Charge [c)
All Customers $ 2.00 $ 2.05 $ 2.10 $ 2.15
Volume Charge - $ per hundred cubic feet [d)
Single Family [e] $ 0.27 $ 0.31 $0.35 $ 0.39
Multi-Family [e] 0.40 0.45 0.50 0.58
Business 0.46 0.52 0.58 0.66
Church 0.46 0.52 0.58 0.66
School 0.46 0.52 0.58 0.66
Hospital 0.46 0.52 0.58 0.66
Motel 0.46 0.52 0.58 0.66
Convalescent 0.46 0.52 0.58 0.66
Homes
Other 0.46 0.52 0.58 0.66
[a] Rates effective with August 2003 bills.
[b] Rates effective with June bills of previous year to be fully effective for the entire fiscal year.
[c] Monthly charge per account, dwelling unit, or mobile home space.
[d] Charged based on metered water volume.
[e] Single family class returns 50 percent of metered water to the sewer system, multifamily class
returns 75 percent, and all other classes return 85 percent. Because sewer volume rates are
proposed to be charged based on metered water use, volume rates are lower for the single
family and multifamily class because the cost of service is calculated on sewer volume, but
recovered on metered water volume.
8.1.
MEMORANDUM
.
TO: CITY COUNCIL
~~
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS ICITY ENGINEER pb
SUBJECT: CONSIDERATION OF AWARD OF CONTRACT TO TENERA
ENVIRONMENTAL TO PROVIDE SERVICES IN CONJUNCTION WITH THE
ANNUAL CREEK CLEANING PROGRAM
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council:
A. award a contract to Tenera Environmental for services in the amount not
to exceed $13,100.00; and,
B. authorize the Mayor to execute the Consultant Services Agreement.
FUNDING:
Funding in the amount of $18,000 has been included in the Public Works FY 2003/04
operating budget.
DISCUSSION:
On May 13, 2003, the City Council authorized the solicitation of bids for environmental
services to be performed in conjunction with the annual creek cleaning program. The
services to be performed include conducting pre-construction surveys, monitoring of the
work being perfor.med and training to identify endangered species habitat. These tasks
are required as conditions of the permit issued by the Corps of Engineers.
Bid packages were sent to five companies. The City received two proposals, Tenera
Environmental and LFR. The lowest bid was received by Tenera Environmental in the
amount of $13,100.00. Tenera Environmental performed this service for the City last
year. Work will begin July 1, 2003 and be completed prior to October 2003.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
-Approve staffs recommendations and award the bid;
-Do not approve staff's recommendations;
-Modify staffs recommendations as appropriate and award bid;
-Provide direction to staff.
Attachments:
1. Bid Opening Log Sheet
2. Consultant Services Agreement with Tenera Environmental Proposal as
Exhibit A
~_._-,,-._.__.._-_.__._--
Attachment 1
REQUEST FOR PROPOSAL LOG SHEET
CITY OF ARROYO GRANDE
RFP DEADLINE: May 27, 2003 - 2:00 p.m.
Creek Environmental Services .
SUBMITTED BY: COST
T enera Environmental $13,100
San Luis Obispo
LFR Levine. Fricke $15,490
Santa Maria
~ WOldMEXU -
Kelly etm re
Director of Administrative Services/Deputy City Clerk
c: Director of Public Works
City Manager
A CITY OF
RROYO GRANDE
NAY 28 2003
. PUBLIC WORK.
S OEPr.
-
Attachment 2
CONSULTANT SERVICES AGREEMENT
This Agreement is made upon the date of execution, as set forth below, by and between TENERA
ENVIRONMENTAL (hereinafter referred to as "CONSULTANr'), and the CITY OF ARROYO GRANDE, a
Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration of the mutual
covenants contained herein, hereby agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERMS: This Agreement will become effective on the date of execution set forth below, and
will continue in effect until terminated as provided herein.
1.02 CONTRACT COORDINATION
a. CITY. The DIRECTOR OF PUBLIC WORKS shall be the representative of CITY
for all purposes under this Agreement. The Director of Public Works, or his designated representative,
hereby is designated as the Contract Manager for the CITY. He shall supervise the progress and execution
of this Agreement.
b. CONSULTANT. CONSULTANT shall assign a single Contract Manager to have
overall responsibility for the progress and execution of this Agreement for CONSULTANT. DAN DUGAN is
hereby designated as the Contract Manager for CONSULTANT. Should circumstances or conditions
subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the
Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY'S
Contract Manager.
1.03 SERVICES TO BE PERFORMED BY CONSULTANT: CONSULTANT agrees to pertorm
or provide the services specified in the letter dated May 27, 2003 attached hereto as Exhibit "A" and
incorporated herein by this reference.
CONSULTANT shall determine the method, details and means of pertorming the above-referenced
services.
CONSULTANT may, at CONSULTANT'S own expense, employ such assistants, as
CONSULTANT deems necessary to pertorm the services required of CONSULTANT by this Agreement.
CITY may not control, direct or supervise CONSULTANT'S assistants or employees in the pertormance of
those services.
1.04 COMPENSATION: In consideration for the services to be pertormed by CONSULTANT,
CITY agrees to pay CONSULTANT the consideration set fort/1 in the amounts and under the terms provided
in Exhibit "A" attached hereto and incorporated herein by this reference.
2.00 OBLIGATIONS OF CONSULTANT
2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: CONSULTANT agrees to devote
the hours necessary to pertorm the services set forth in this Agreement in an efficient and effective manner.
CONSULTANT may represent, pertorm services for and be employed by additional individuals or entities, in
CONSULTANTS sole discretion, as long as the pertormance of these extra-contractual services does not
intertere with or present a conflict with CITY'S business.
2.02 TOOLS AND INSTRUMENTALITIES: CONSULTANT shall provide all tools and
instrumentalities necessary to perform the services under this Agreement.
2.03 LAWS TO BE OBSERVED. CONSULTANT shall:
a. Procure all permits and licenses, pay all charges and fees, and give all notices
which may be necessary and incidental to the due and lawful prosecution of the services to be performed by
CONSULTANT under this Agreement;
b. Keep itself fully informed of all existing and proposed federal, state and local laws,
ordinances, regulations, orders, and decrees which may affect those engaged or employed under this
Agreement, any materials used in CONSULTANT'S performance under this Agreement, or the conduct of
the services under this Agreement;
c. At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
d. Immediately report to the CITY'S Contract Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications, or provisions of this Agreement.
2.04 RELEASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data,
or other material given to, or prepared or assembled by, CONSULTANT under this Agreement shall be the
property of CITY and shall not be made available to any individual or organization by CONSULTANT without
the prior written approval of the CITY'S Contract Manager.
2.05 COPIES OF VIDEO TAPES, REPORTS AND INFORMATION. If CITY requests additional
copies of videotapes, reports, drawings, specifications, or any other material in addition to what the
CONSULTANT is required to furnish in limited quantities as part of the services under this Agreement,
CONSULTANT shall provide such additional copies as are requested, and CITY shall compensate
CONSULTANT for the costs of duplicating of such copies at CONSULTANT'S direct expense.
2.06 QUALIFICATIONS OF CONSULTANT. CONSULTANT represents that it is qualified to
furnish the services described under this Agreement.
2.07 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and
CONSULTANT intend and agree that CONSULTANT is an independent contractor of CITY and agrees that
CONSULTANT and CONSULTANT'S employees and agents have no right to Workers' Compensation and
other employee benefits. If any worker insurance protection is desired, CONSULTANT agrees to provide
Workers' Compensation and other. employee benefits, where required by law, for CONSULTANT'S .
employees. and agents. CONSULTANT agrees to hold harmless and indemnify CITY for any and all claims
arising out of any claim for injury, disability, or death of CONSULTANT and CONSULTANTS employees or
agents.
2.08 INDEMNIFICATION: CONSULTANT hereby agrees to, and shall, hold CITY, its elective
and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability
for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from
CONSULTANT'S or any of CONSULTANTS employees' or agents' operations under this Agreement,
whether such operations be by CONSULTANT or by anyone or more persons directly or indirectly employed
by, or acting as agent for, CONSULTANT provided as follows:
a. That CITY does not, and sheill not, waive any rights against CONSULTANT which it
may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by CONSULTANT, of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by CONSULTANT shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations of CONSULTANT or any agent or employee of CONSULTANT regardless of
whether or not such insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
2.09 INSURANCE: CONSULTANT shall not commence work under this Agreement until it has
obtained all insurance required under this section and such insurance shall have been approved by CITY as
to form, amount and carrier:
a. Public Liability and Property Damaae Insurance. CONSULTANT shall take out and
maintain during the life of this Agreement such public liability and. property damage insurance as shall protect
CITY, its elective and appointive boards, officers, agents and employees, and CONSULTANT and any
agents and employees performing work covered by this Agreement from claims for damages for personal
injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S or
any subcontractor's operations under this Agreement, whether such operations be by CONSULTANT or by
anyone directly, or indirectly employed by CONSULTANT and the amounts of,such insurance shall be as
follows:
(1 ) Public Liability Insurance. In an amount not less than $1,000,000 for
injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person,
in an amount not less than $1,000,000 on account of anyone occurrence:
(2) Property Damaae Insurance. In an amount of not less than $1,000,000 for
damage to the property of each person on account of anyone occurrence.
(3) Comprehensive Automobile Liability. Bodily injury liability coverage of
$1,000,000 for each person in anyone accident and for injuries sustained by two or more persons iri anyone
accident. Property damage liability of $1,000,000 for each accident.
(4) Workers' Compensation Insurance. In the amounts required by law as set
forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention
must be declared to, and approved by, CITY. CITY may require that either the insurer reduce or eliminate
such deductibles or self-insured retentions as respects CITY, its elected or appointed officials, employees,
agents or volunteers; or CONSULTANT shall procure a bond guaranteeing payment of all losses, and ,
related investigation, claims administration and legal expenses.
c. Proof of Insurance. CONSULTANT shall furnish CITY, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance
that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the
effective period of this Agreement. The certificate or policy of liability of insurance shall name CITY as an
additional insured with CONSULTANT. I
I
3.00 TIME FOR COMPLETION OF THE WORK
Program scheduling shall be as described in Exhibit "A" unless revisions to the exhibit are approved
by the CITY'S Contract Manager and CONSULTANT'S Contract Manager.
--
Time extensions may be allowed for delays caused by CITY, other governmental agencies, or
factors not directly brought about by the negligence or lack of due care on the part of the CONSULTANT.
4.00 TEMPORARY SUSPENSION
The CITY'S Contract Manager shall have the authority to suspend this Agreement wholly or in part,
for such period, as she deems necessary due to unfavorable conditions or to the failure on the part of the
CONSULTANT to perform any provision of this Agreement. CONSULTANT will be paid the compensation
due and payable to the date of temporary suspension.
5.00 INSPECTION
CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the
services of CONSULTANT are being performed in accordance with the requirements and intentions of this
Agreement. All work done and all materials furnished, if any, shall be subject to the CITY'S Contract
Manager's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of
its obligations to fulfill its Agreement as prescribed.
6.00 OWNERSHIP OF MATERIALS
All original drawings, videotapes arid other materials prepared by or in possession of CONSULTANT
pursuant to this Agreement shall become the permanent property of the CITY, and shall be delivered to the
CITY upon demand.
7.00 OBLIGATIONS OF CITY
7.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONSULTANT
necessary to the performance of CONSULTANT'S duties under this Agreement.
8.00 TERMINATION OF AGREEMENT
8.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any
party hereto may terminate this Agreement, at any time, without cause by giving at least thirty- (30) days prior
written notice to the other parties to this Agreement.
8.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall
terminate automatically on the occurrence of any of the following events:
a. Bankruptcy or insolvency of any party;
b. Sale of the business of any party;
c. Death of any party;
.
d. End of the Agreement to which CONSULTANT'S services were necessary: or
e. Assignment of this Agreement by CONSULTANT without the consent of CITY.
8.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party
default in the performance of this Agreement or materially breach any of its provisions, a non-breaching
party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the
breaching party.
8.04 TERMINATION: This Agreement shall terminate on upon completion of services unless
extended as set forth in this section. CITY, with the agreement of CONSULTANT, is authorized to extend
the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set
forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement.
8.05 RETURN OF MATERIALS.
Upon such termination, CONSULTANT shall turn over to the CITY immediately any and all
copies of videotapes, studies, sketches, drawings, computations, and other data, whether or not completed,
prepared by CONSULTANT, and for which CONSULTANT has received reasonable compensation, or given
to CONSULTANT in connection with this Agreement. Such materials shall become the permanent property
of CITY. CONSULTANT, however, shall not be liable for CITY'S use of incomplete materials or for CITY'S
use of complete documents if used for other than the project or scope of services contemplated by this
Agreement.
9.00 SPECIAL PROVISIONS
9.01 INTEREST OF CONSULTANT
CONSULTANT covenants that. it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which. would conflict in any manner or degree with the
performance of the services hereunder. CONSULTANT further covenants that, in the performance of this
Agreement, no subcontractor or person having such an interest shall be employed. CONSULTANT certifies
that no one who has or will have any financial interest under. this Agreement is an officer or employee of
CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all
times be deemed an independent contrc;lctor and not an agent or employee of CITY.
9.02 DISCRIMINATION
No discrimination shall be made in the employment of persons under this Agreement
because of the race, color, national origin, ancestry, religion or sex of such person.
If CONSULTANT is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or executive order in the
performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the
amount payable to CONSULTANT the sum of Twenty-five Dollars. ($25) for each person for each calendar
day during which such person was discriminated against, as damages for said breach of contract, or both.
Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of contract under this paragraph.
If CONSULTANT is found in violation of the nondiscrimination provisions of this Agreement
or the applicable affirmative action guidelines pertaining to this Agreement, CONSULTANT shall be found in
material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two
Hundred Fifty Dollars ($250) for each calendar day during whiCh CONSULTANT is found to have been in .
such noncompliance as damages for said breach of contract, or both.
10.00 MISCELLANEOUS
10.01 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be
cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement.
10.03 ASSIGNMENT: This Agreement is specifically not assignable by CONSULTANT to any
person or entity. Any assignment or attempt to assign by CONSULTANT, whether it be voluntary or
involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to
a right to terminate as set forth in Section 8.03.
10.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled,
in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this
Agreement, should the performance of any act required by this Agreement to be performed by either party be
prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials,
or any other cause except financial inability not the fault of the party required to perform the act, the time for
performance of the act will be extended for a period of time equivale:1t to the period of delay and performance
of the act during the period of delay will be excused; provided, however, that nothing contained in this section
shall exclude the prompt payment by either party as required by this Agreement or the performance of any
act rendered difficult or impossible solely because of the financial condition of the party required to perform
the act.
10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or given to any party to
this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in
lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the
following address for each respective party:
CITY: City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421-0550
CONSULTANT: Tenera Environmental
225-D Prado Road
San Luis Obispo, CA 93401
10.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be
governed by the laws of the State of California in force at the time any need for the interpretation of this
Agreement or any decision or holding conceming this Agreement arises.
10.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section
shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this
Agreement.
10.09 SEVERABILITY: Should any provision of this Agreement be held by a court of competent
jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the rem~ining
provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
10.10 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and entire
agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth
the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or
representations respecting the subject matter of this Agreement not expressly set forth or referred to. in this
Agreement are null and void.
10.11 TIME: Time is expressly declared to be of the essence of this Agreement.
10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this
Agreement are expressly authorized to do so on and in behalf of the parties.
10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their
counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments
or exhibits thereto. The captions of the sections are for convenience and reference only, and are not
intended to be construed to define or limit the provisions to which they relate.
10.14 AMENDMENTS: Amendments to this Agreement shall be in writinQ and shall be made only
with the mutual written consent of all of the parties to this Agreement.
Executed on 6/24/03, at Arroyo Grande, California.
CITY OF ARROYO GRANDE
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore. Director of Administrative Services/
Deputy City Clerk
CONSULTANT
Principal
APPROVED AS TO CONTENT
Steven Adams, City Manager
APPROVED AS TO FORM: .
Timothy J. Carmel, City Attorney
.-.--.........- -
EXHIBIT "Au
Scope of Work
Scope of Services:
Conduct pre-construction surveys, training and monitoring for the City of Arroyo Grande's Stream
Maintenance Project on Meadow Creek, Tally Ho Creek, and Arroyo Grande Creek, all located within San
Luis Obispo County.
Total Cost for Services:
Cost not to exceed $13,100.00
Other Provisions:
Proof of Insurance shall be provided to the City in the limits set forth in Section 2.09 of the Consultant
Services Agreement. General Liability Insurance - $1,000,000.00 minimum (statutory limit).
---~.- -
8.k.
MEMORANDUM
TO: CITY COUNCIL
~
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF AN AMENDMENT TO THE SHA/STP
COOPERATIVE AGREEMENT WITH THE SAN LUIS OBISPO COUNCIL
OF GOVERNMENTS
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the Council:
A. authorize the Mayor to execute Amendment NO.5 to the SHAlSTP Cooperative
Agreement No. AG-TEA21-01; and,
B. direct the Director of Administrative Services to submit Amendment No. 5 to the
SHAlSTP Cooperative Agreement No. AG-TEA21-01 to the San Luis Obispo
Council of Governments.
FUNDING:
During the Transportation Equity Actforthe 21st Century (TEA-21) programming cycle, the
City was successful in securing $370,672 of Regional State Highway Account (RSHA)
funds and $422,423 of Urban State Highway Account (USHA) funds from the San Luis
Obispo Council of Governments (SLOCOG).
DISCUSSION:
On August 28, 1999, the City and SLOCOG entered into SHAlSTP Cooperative Agreement
No. AG-TEA21-01. Since this time, there has been four revisions as outlined on Exhibit
"A" ofthe agreement. Amendment No.5 includes modifications to the East Grand Avenue,
Phase II and Phase III projects.
The East Grand Avenue Phase II project was completed in May 2000. The project was
partially funded with $375,000 of Federal High Priority grant funds. The City was
authorized to construct the project with the understanding that the funds were to be
distributed to the City over the course of six fiscal years, with the final reimbursement
scheduled for FY 2002-03. In FY 2002-03, it was announced that all Federal High Priority
projects in the State were to be reduced by approximately 6% ($23,185 for the East Grand
Avenue, Phase II project). Since the City had already constructed the project and the
funds were already spent, the SLOCOG Board approved an advance of $23,185 of TEA-3
funds to backfill the shortfall. This is outlined in Exhibit A-9 of the agreement.
-------"..--
CITY COUNCIL
CONSIDERATION OF AN AMENDMENT TO THE SHA/STP COOPERATIVE
AGREEMENT
JUNE 24, 2003
PAGE 2
The East Grand Avenue Phase III project has $234,000 of State Transportation
Improvement Program (STIP) construction funds allocated in FY 2003-04 for the
streetscape portion of the project. However, during the design phase of the project,
changes to the State's fiscal situation created uncertainty whether the City would receive
a timely allocation of these STIP funds. On April 2, 2003, the SLOCOG Board approved
a short-term contingency loan to the City if the $234,000 of STIP funds were not available
in FY 2003-04. The loan is to be repaid to SLOCOG after the City receives authorization
and reimbursement of the STIP funds. In the event the STIP allocation is delayed until
after TEA-3, the City's TEA-3 allocation will be held until the STIP reimbursement is
received. This is outlined in Exhibit A-14 of the agreement.
The Cooperative Agreement is a general agreement between SLOCOG and the City
regarding the responsibility of each agency. The specific projects are referenced and
attached to allow for future actions, such as the transfer of funds between the various
projects or the addition of replacement projects. A resolution must be adopted by the City
that clearly identifies the official authorized to execute the SHAlSTP Cooperative
Agreement. On June 2, 1999, the City Council adopted Resolution. No. 3375, which
authorized the Mayor to execute SLOCOG's SHAlSTP Cooperative Agreement.
AL TERNA TIVES:
The following alternatives 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;
- Provide direction to staff.
Attachment
1. SHAlSTP Cooperative Agreement, Amendment No.5 to Agreement No. AG- TEA21-0 1 . I
~~~
Ronald L. DeCarli - Executive Director
" June 12,'2003
DOn Spagnolo, Public Works Director
, . Public Works Depcutrrient . '
'City of Arroyo Grande
PO Box 550
ArtoyoGrande, CA93421
Re: , SHNSTP Cooperative Agreemen.t Amendments ,for: .
. Short.:.term loan of $234,000 for Grand Ave. Phase III
. B~ckfill High Priority award reduction for Grand Ave. Phase II
Dear Mr. Spagnolo:
AUhe April2,2003 meeting, the SLOCOGBoard 'approvecfiter,n B-4 Recommendation 1a to
Authorize 'a short-term contingency loan' using SHAfunds in fhe, even( that an 'unforeseen delay
XJCCWS i'ltlJe al!ocaticm of constr;qcti9n fu,ryding lor theEG~nd_Al(e"rehabilitation Proji3ct(PPNO
'; 098iJA).We ,understcmd thafthisprojectis -orieeornponent of a larger prbjectand,fdr economy of
scale and financial responsibility; all cOlT!ponentsshould go forward as one.' The City has already ,
. received, CTGapproval to begin reimbursabl~ work prior to allocation (AS 872). '
, ' . '
Thisshort~terrnoontingency loan-not to exceed -$234.,000 -willbe repaid to the SHA account after-
receiving the authorization and subsequent reimbursement. In the event that allocations are,_
. delayed until after the reauthorization of TEA-21 (TEA 3), Arroyo Grande's TEA 3 allocation will be
. held 'until theSTIP reimburSement is received.' All bOrrowed funds shall be repaid without interest
. on or before December 31, 2004. . ..,. .
. Auhe June 4, 2003rneeting, theSLOCOG Board approved jtem E-16 to advance $23~ 185 of T8\-3
funds to backfill a 6% reduction of the Federal High Priority~ward forGrand Ave. Phase II.
These funds are administered by rehl1bursem~nf through a cooperative agreement with SLOCOG.
The existil1g cooperative 'agreement for previously approved USHA and RSHA funding has been
. updated to include the amended funding for these projects. An amendment to the cooperative
agreement was prepared and is included here for signatures," A revised "~HIBIT A" cover sheet,
. including new ExhibitA-14, and amended Exhibit A-9 are attached.' ' . ,-
PII~ase se~urethe signatures required and retum the signature page to me'to formally amend the .
cOopelCitive agreement. . A final executed copy will be. returned to you~ If you have any questions,
please can meat}88-2002. .' .
, .
. sincere!~
I~ 7
James J.wOrthley' , "
SLOCOG
Attachments
H:\ThillibraJ)\Regional Planners\Coopelalive Agreements~ Grandel1.cXwer III N3 for amMCI coop6-13-03.doC
11500sos Street, Ste. 202, San , Luis Obispo, CA 93401 . Tel. (805) 7814219,. Fax. (805) 781-5703 I
' E-mail. slocog@slocog.org. Internet. http://www.slocog.org ,
--
San Luis Obispo Council of Governments
Agreement No. AG- TEA21-01
SHA/STP COOPERATIVE AGREEMENT
Amendment No.5 to Agreement No. AG ~ TEA21-01
THIS AGREEMENT, is between the San Luis Obispo Council of Governments, referred to
herein as "SLOCOG", and the
CITY OF Arrovo Grande
a political subdivision of the
State of California, referred
to herein as the "CITY".
WHEREAS. The City of Arroyo Grande and the San Luis Obispo Council of
Govemments entered into Agreement No. AG-TEA21-01 on 6-28-99, and
WHEREAS, Said agreement is now being modified to reflect San Luis Obispo Council
of Governments Board actions on 4-2-2003, authorizing a short-term loan, and 6-4-2003,
authorizing backfill of a High Priority Project grant reduction, and
WHEREAS, This agreement is. hereby revised from the prior list of projects as
Exhibit A as attached hereto, effective 6-4-2003.
NOW. THEREFORE, BE IT AGREED
SLOCOG hereby amends Agreement No. AG- TEA21-01 per the attached Exhibit A
amended on 6-4-2003, for the projects specified in Exhibits IT9 and IT14.
An advance of $23,185 of TEIT3 funds is provided to backfill a 6% reduction of the
Federal High Priority Award for the completed Grand Avenue Reconstruction Phase II project.
Use of SHA funds for Grand Avenue identified in Exhibit IT14 is considered a short-
term loan and shall be repaid. This short-term loan, not to exceed $234,000, shall only be
granted if undue delays in the STIP allocation occur. To reduce the administrative burden,
only two invoices shall be submitted for payment. The timely submission of the allocation
request and documents required for reimbursement is the responsibility of the CITY. All
borrowed funds shall be repaid, either through the Grand Ave. STIP allocation, Arroyo
Grande's TEA 3 Urban allocations, or other Federal or State funds on or before December 31,
2004.
Page 1 of2
SHA/STP COOPERATIVE AGREEMENT
i
i
Amendment No.5 to Agreement No. AG - TEA21-01
BE IT FURTHER AGREED
The remaining Terms and Conditions of the original agreement (AG- TEA21-01) shall
remain in full force and effect.
SIGNATURES:
CITY OF ARROYO GRANDE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
By: By: . ~ ~~.Dt
Tony Ferrara, Mayor Ronald L. De . arli, Executive Director
Date: Date: c.(1l(01
ATTEST
By:
Kelly Wetmore, Director of Administrative Services
APPROVED AS TO FORM AND LEGAL EFFECT:
By: By: c:
Timothy J. Carmel, City Attorney Jac Crawford, SLOC
Date: Date: 11/llu -,
. I
Page 2of2
H:\The Ubrat)IRegionaI PlaMerslCooperalille Ag'eemenIs\Am7yo Grande\2-coop amend fer AG 6-13-lXidoc
EXHIBIT A
APPLICABLE PROJECTS
for
Agreement No. AG-TEA21- 01
EXHIBIT PROJECT NAME PROJECT #(s) Funding
Exhibit A-1 2 & 5 Pavement Maintenance - Selected City PUAG01 $225,174
Streets
Exhibit A-2 Pavement Management Program Plan PUAG02 $28,000
Exhibit A-3 Bridge Street Bridge Rehabilitation PUAG03 $49,500
Exhibit A-4 Creekside Pedestrian Path Phase I PUAG04 $2,000
Exhibit A_51 Brisco Rd.-Halcyon Rd/Rte 101 Project PRAG01 $52,626
Study Report
Exhibit A-6 Grand Avenue/East Branch St./Rt. 227 PRAG02 $10,000
Corridor Study
Exhibit A-7 3 EI Campo Rd/Rte 101 Project Study Report PRAG03 $56,933
/ Project Development Support
Exhibit A-8 5 Paulding Middle School Bike lanes PRAG04 $111,113
Exhibit A_96 Grand Avenue Reconstruction Project PRAG05 $148,185
Phase 11
Exhibit A-10 5 Creekside Pedestrian Path Phase II PUAG05 $50,257
Exhibit A-11 2 & 5 Rodeo Drive Repairs PUAG06 $20,613
Exhibit A-12 2 & 5 Creekside Pedestrian Path Phase III PUAG07 $46,879
Exhibit A-13 4 South County Park and Ride Upgrade PRAG06 $15,000
Exhibit A-14 6 Grand Ave. Short-term Contingency loan PUAG08 $234k to be
repaid
Total Funding $816,280
1 Amended 4-11-01 to reflect $2626 in added funding to original funding amount of $50,000
2 Administratively amended 6/20/01 (AG correspondence June 5, 2001)
3 Amended 11-15-01 to reflect $31,933 in added funding to original funding amount of $25,000
4 Administratively amended 11/15/01 (AG correspondence Oct. 25, 2001)
5 Administratively amended 8/7/02 (AG correspondence Aug. 8, 2002)
6 Administratively amended 4/2103 and 614/03 (AG correspondence June 12, 2003)
\\ElvIslslocog\The LlbrarylReglonal Planners\Cooperatlve Agreements\Arroyo Grande\3-AG c:oop exhibit. modified 8.13.2003.doc:
Exhibit A-9
(to Agreement No. AG-TEA21- 01)
Project Number: PRAG05 Grantee: City of Arrovo Grande
Project Title: Grand Ave. Reconstruction Proiect Funding Type: Reaional SHA ($148,185)
Work Implementation Period: Oct 6, 1998 to Jun 30, 2003 Approved: October 6, 1998
Amended: June 4, 2003
Project Schedule and Funding Summary:
Grand Avenue Reconstruction Project Phase II
Fiscal Year RSHA USHA local (1) local (2) Other (1) Other (2) TOTAL ExPected
Milestones
Fed Demo - (date co!T1)lete)
TEA'21
FY 98/99 $ 113,300 $ 113,300 Design - 4fg:j
Pward Bd - 6199
Const. start - 7/f13
FY 99/00 to $ 125,000 $ 1,397,200 $ 351,815 $ 1,874,015 Const. En;! - 01/00
FY 03104 $ 23,185 $ 23,185
Total $ 148,185 $ - $ 1,510,500 $ - $ 351,815 $ - $ 2,010,500
Reimburse- 7.4% 0.0% 75.1% 0.0% 17.5% 0.0% 100.0%
ment Rate
* $23,185 advance of future TEA-3 funds to backfill reduction of Fed Demo funds.
Project Description: The project will consist of pavement reconstruction and spot repair of curb,
gutter, sidewalks, and cross gutters where needed along Grand Avenue between Halcyon Road and
Elm Street. The existing water main will be replaced with a 12-inch water main, new fire hydrants will
be installed in areas that are currently deficient, and all services will be replaced as well as most
meters boxes. The existing sewer main will be replaced with a 8-inch sewer main and laterals
servicing each property will be replaced or a new lateral installed. Storm drain inlets and an existing
CMP drainage culvert will be replaced. The project provides conduit and other facilities necessary to
underground existing overhead utilities and possibly additional conduits to accommodate future fiber
optic cable.
Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of
Government's (SLOCOG) receipt of the signed cooperative agreement. The CITY may submit
invoices on a monthly basis during the Work Implementation Period, and must submit certification of
project completion and a final invoice within 2 months after the Work Implementation Period. Costs
incurred outside the Work Implementation Period are ineligible for reimbursement.
Special Provisions:
1. Equipment purchases not identified herein, must have written approval prior to purchase.
2. Reimbursement of costs from funding sources administered by SLOCOG shall be provided on a
pro rata basis determined by the percentage share each source is of the total project cost. The
total funding contribution from SLOCOG for this project is not to exceed the amounts identified in
the table above under RSHA and USHA totals.
3. Opportunities for enhancing bicycle and pedestrian travel in the project area should be
considered and implemented, where appropriate and feasible, as part of the project.
--..._---. <--
Exhibit A-14
(to Agreement No. AG-TEA21- 01)
Project Number: PUAG08 Grantee: Citv of Arroyo Grande
Project Title: Grand Ave. Enhancements Loan Funding Type: Urban SHA ($234.000)
Work Implementation Period: May 1, 2003 to July 1, 2004 Approved: April 2, 2003
Project Schedule and Funding Summary:
Grand Ave Enhancements - Short-term loan
Fiscal Year RSHA USHA Local (1) Local (2) Other (1) Other (2) TOTAL Expected
Milestones
(date complete)
FY 02103 $ 234,000 $ 234,000
Construct 09/03
FY 03/04 $ (234,000) $ (234,000)
Total $ - $ 234,000 $ - $ - $ (234.000) $ - $ -
Reimburse- 100.0% -100.0%
moot Rate
Funding Note (1) = Repayment of Loan through STIP Authorization, Urban TEA-3, or other Federal or State funds.
Project Description: There are two projects with the same project limits; one for enhancements
programmed in the 2002 STIP and one for an overlay programmed in the 2000 STIP. Engineering
plans were developed to construct both projects at the same time, for economy of scale and financial
responsibility. The City must award a contract by May 2003 for the Grand Avenue Overlay. The City
requested an early allocation for the Enhancement funds, but was denied. The City requested an
AB872 to begin reimbursable work - using local funds - and was approved. The City has authorized
the solicitation of construction bids to construct both pieces. The City had concems of allocation
delays continuing into the 03/04 fiscal year and requested an interim use of SHA funds to close the
City's gap in the event that allocations are delayed for an extended amount of time.
Billing Period: Reimbursement of this project may begin upon the San Luis Obispo Council of
Government's (SLOCOG) receipt of the signed cooperative agreement. The CITY shall submit no
more than two invoices and a certification of project completion. Costs incurred outside the Work
Implementation Period are ineligible for reimbursement.
Special Provisions:
1. Equipment purchases not identified herein, must have written approval prior to purchase.
2. The total funding contribution from SLOCOG for this project is not to exceed the amounts
identified in the table above under RSHA and USHA totals.
3. This use of SHA funds would be temporary and repaid immediately after receiving STIP allocation
reimbursement. If necessary, due to unforeseen circumstances concerning STIP allocation
delays, $234,000 of Arroyo Grande's TEA 3 USHA allocation may be held until the loan payment
is received by SLOCOG. All borrowed funds shall be repaid without interest on or before
December 31, 2004.. Submission of documentation for STIP reimbursement is the responsibility
of the City.
4. In order to reduce administrative burden and confusion, only two reimbursements totaling no more
than $234,000 (loan) shall be granted.
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION ~
AND FACILITIES
SUBJECT: CONSIDERATION OF APPROPRIATION OF FUNDS FOR AN AIR
CONDITIONING UNIT
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council allocate $4,000 from the General Fund for the
purchase and installation of an air conditioning unit for the City Council Chambers
upstairs conference, cablecasting and computer server room.
FUNDING:
This project is estimated to cost approximately $6,300. However, there are available
funds remaining in the Government Buildings Division - Contracted Services account
(4213-5303, $2,000) and City Manager - Cable Cast account (4101-5330, $1,000). A
portion of the cost is recommended to be funded from the Public Education and
Government (PEG) Cable Access funds because one of the primary objectives is to
protect the City's cable casting equipment. The remaining funding necessary will be
allocated from the General Fund balance.
DISCUSSION:
Currently, the room is used for City Council closed sessions, as well as the placement
of the City's main computer server and television broadcast equipment. This equipment
must be maintained in a cool environment to prevent damage to the equipment. The
service currently in place is not powerful enough to maintain a moderate temperature in
this room. Staff is concerned that recent malfunctions to both systems have been
related to heat exposure. Excessive temperatures can cause the equipment to
malfunction and possibly permanently damage expensive equipment. By maintaining
the upstairs and downstairs on different systems, the improvements will reduce energy
costs by allowing cooling to be focused on the upstairs when the Council Chambers is
not in use.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation;
- Modify staff's recommendation;
- Do not approve staff's recommendation;
- Provide direction to staff.
a.m.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER ~
SUBJECT: CONSIDERATION OF SALARY AND BENEFIT ADJUSTMENTS FOR
PART -TIME EMPLOYEES
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution approving
compensation and benefit adjustments for part-time employees for FY 2003-04.
FUNDING:
The cost impact of the recommendations is approximately $13,000 for FY 2003-04.
Funding is available within the unallocated balance in the proposed FY 2003-04/ FY
2004-05 Bi-Annual Budget. If approved, appropriate allocations will be made in the first
quarter financial report.
DISCUSSION:
In order to continue to enable the City to recruit and maintain quality employees in part-
time positions, it is recommended that all part-time employees receive a 2.5% Cost of
Living Adjustment (COLA) to be effective for the pay period beginning July 1, 2003.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt resolution approving the salary and benefit adjustment as outlined above;
- Modify as appropriate and adopt the resolution approving salary and benefit
adjustment;
- Provide direction to staff.
---_._---,~,-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A SALARY AND BENEFIT
PROGRAM FOR PART-TIME EMPLOYEES FOR FISCAL
YEAR 2003-04
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City that compensation for part-time employees be fixed as hereinafter
provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that:
1. Part-time employees shall receive a Cost of Living Adjustment (COLA) of 2.5% as
designated in Exhibit "A" attached hereto and incorporated herein by this reference.
2. The terms of this Resolution shall be effective for the pay period beginning July 1,
2003.
3. All other part-time employee salary and benefit terms and conditions re.main in full
force and effect as set forth in Resolution No. 3463.
. On motion of Council Member seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2003.
-----..-
RESOLUTION NO.
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
EXHIBIT "A"
PART -TIME EMPLOYEES SALARIES
FY 2003-04
PERMANENT PART -TIME EMPLOYEES
POLICE DEPARTMENT HOURL Y RATE .
Designated Levell Reserve Officer $ 19.51
Senior Police Reserve Officer 17.38
Police Reserve Officer 15.50
Police Reserve Officer Trainee 13.03
Police Dispatcher/Clerk II 16.65
Police Dispatcher/Clerk I 14.65
Police Dispatcher/Clerk Trainee 12.68
HOURLY RATE
PARKS AND START 1 YEAR 2 YEARS 3 YEAR (+)
RECREATION DEPARTMENT PAY SERVICE SERVICE SERVICE
Recreation Senior Leader $ 8.73 $ 8.96 $ 9.41 $ 9.85
Recreation Assistant Senior Leader 7.29 7.50 7.89 8.29
AMlPM Childcare Coordinator 11.21 11.47 12.05 12.62
AM/PM Teacher 9.48 9.71 10.22 10.73
AMlPM Assistant Teacher 8.90 9.13 9.58 10.05
AM/PM Assistant I 7.71 7.88 8.27 8.67
AM/PM Assistant II 7.42 7.65 8.05 8.45
AM/PM Assistant III, High School 7.27 7.46 7.83 8.22
Pre-School Teacher 11.21 11.47 12.05 12.62
MISCELLANEOUS PART-TIME HOURLY RATE
Printer $ 15.50
Recreation Building Supervisor 9.30
Recreation Building Coordinator 7.23
Office Assistant 11.91
START 1 YEAR 2 YEARS (+)
PAY SERVICE SERVICE
Maintenance Worker - Parks,
Public Works, Building $ 9.37 $ 10.54 $ 12.81
Mechanic's Assistant 12.74 13.67 15.51
RESOLUTION NO.
EXHIBIT "A"
PART -TIME EMPLOYEES SALARIES
FY 2003-04
TEMPORARY PART -TIME EMPLOYEES
POLICE DEPARTMENT HOURLY RATE
Crossing Guard $ 7.70
-
HOURL Y RATE
START 1 YEAR 2 YEARS
PAY SERVICE SERVICE
Police Cadet $ 7.94 $ 8.97 $ 9.99
HOURLY RATE
PARKS AND START 1 YEAR 2 YEARS 3 YEAR (+)
RECREATION DEPARTMENT PAY SERVICE SERVICE SERVICE
(Substitute) Recreation Senior Leader $ 8.73 $ 8.96 $ 9.41 $ 9.85
(Substitute) Recreation Assistant Sr. Ldr. 7.29 7.50 7.89 8.29
(Substitute) AM/PM Childcare Coordinator 11.21 11.47 12.05 12.62
(Substitute) AM/PM Teacher 9.48 9.71 10.22 10.73
(Substitute) AM/PM Assistant Teacher 8.90 9.13 9.58 10.05
(Substitute) AM/PM Assistant I 7.71 7.88 8.27 8.67
(Substitute) AM/PM Assistant II 7.42 7.65 8.05 8.45
(Substitute) AMIPM Asst. III, High School 7.27 7.46 7.83 8.22
(Substitute) Pre-School Teacher 11.21 11.47 12.05 12.62
MISCELLANEOUS PART-TIME HOURLY RATE
Administrative Secretary $ 14.49
Office Assistant 11.91
(Seasonal) Maintenance Worker -
Parks, Public Works, Building 9.37
Student Intern 7.11
START 1 YEAR 2 YEARS (+)
PAY SERVICE SERVICE
Administrative Intern $ 9.79 $ 10.25 $ 10.79
-~-_..._.._-
9.a.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing on
the following item:
CASE NO.: Specific Plan/Development Code Amendment 02-002 and Tentative Tract Map 02-003
LOCATION: 1595 East Grand Avenue
PROPOSAL: Amendment to the Berry Gardens Specific Plan, subdivision and rezoning from Single
Family (SF) to Single Family Residential - Specific Plan (SFR-SP) of 1.5 acres into
nine (9) lots on a portion of Subarea 3 of Berry Gardens
APPLICANT: Matsumoto Revocable Trust
In compliance with the California Environmental Quality Act, the Community Development Department has'
reviewed the project and has determined that the potential impacts from the proposed project have been
addressed in the Final Environmental Impact Report (FEIR) for the Berry Gardens Specific Plan. If the City
Council does not feel that the FEIR has addressed the potential impacts of the proposed project, 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, California, 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 planning
commission 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 & TIME OF HEARING: Tuesday, June 24, 2003 at 7:00 P.M.
PLACE OF HEARING: Arroyo Grande City Council Chambers
215 E. Branch Street
Arroyo Grande, California 93420
~tU(J~
Kelly W mor, Director of Administrative Services/
Deputy City Clerk
Publish 1T, Friday, June 13, 2003 -1/8 page
-~~ ---
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
BY: RYAN FOSTER, ASSISTANT PLANNE~ .
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 02-002,
SPECIFIC PLAN AMENDMENT 02-002, AND TENTATIVE TRACT MAP
02-003; BERRY GARDENS SUBAREA 3; 1595 EAST GRAND AVENUE
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a Resolution approving Specific Plan Amendment 02-002;
2. Introduce an Ordinance amending the Zoning Map of the City of Arroyo
Grande, Development Code Amendment 02-002, to rezone 1.6 acres. of
Subarea 3 of the Berry Gardens Specific Plan from Rural Residential (RR)
to Single Family Residential with Specific Plan overlay (SFR-SP); and
3. Adopt a Resolution approving Tentative Tract Map 02-003, creating nine
(9) residential lots on a 1.6-acre portion of Subarea 3 of the Berry Gardens
Specific Plan as applied for by Masumoto Revocable Trust, subject to
certain conditions.
FUNDING:
No fiscal impact to the City.
DISCUSSION:
On June 3, 2003, the Planning Commission considered a proposed Development Code
Amendment, Specific Plan Amendment and Tentative Tract Map to subdivide 1.6 acres
of a 4.6-acre site into nine residential lots ranging in size from 6,000 square-feet to
8,352 square-feet (Exhibit "B"). The site is located in Subarea 3 of the Berry Gardens
Specific Plan, shown as Medium Density Residential - Specific Plan in the General
Plan. Six (6) of the lots would front on a cul-de-sac at the western end of Strawberry
Avenue and the remaining three (3) lots would front on Blackberry Avenue.
The remaining 3.0 acre portion of Subarea 3 to the north is zoned General Commercial
(GC) and designated Mixed-Use in the General Plan, but would require a subsequent
Specific Plan Amendment prior to development.
The Planning Commission expressed concern over the issue of affordable housing
requirements for this proposal (Attachment 1). The 2001 Housing Element of the
~---_.. -----,--- ----.-.--- - ---~----~
CITY COUNCIL
DCA 02-002, SPA 02-002 & TTM 02-003
JUNE 24, 2003
PAGE 2
General Plan (Policy H 1-7.1) states that a fee of 3% of the cost of construction shall be
paid when a Development Code Amendment is granted to allow an increase in density
and the project contains less than twelve (12) units. The Local Housing Task Force
(LHTF) and Planning Commission are recommending consideration of a Housing
Element Update that would require provision of affordable housing (or property) rather
than in-lieu fees where feasible.
The Planning Commission split 2-2 on a motion to recommend approval of the proposal
with the condition that the applicant pay an in-lieu affordable housing fee of 3% of
construction costs. The dissenting Commissioners felt that the proposal should be
required to provide affordable units as opposed to paying the in-lieu fee. The property
owner has submitted a letter proposing that if the Council deems it appropriate to
require the provision of affordable units, these units be placed on the remaining 3.0
acres, where they could be built as part of a higher density development (Attachment 2).
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the attached Resolutions and introduce the proposed Ordinance;
- Modify and adopt the attached Resolutions and introduce the proposed
Ordinance;
- Do not adopt the attached Resolutions or introduce the proposed Ordinance;
- Provide direction to staff.
Attachments:
Resolution approving SPA 02-002
Exhibit CIA" Conditions of Approval
Exhibit "B" Specific Plan Amendment
Ordinance approving DCA 02-002 and amending the Arroyo Grande Zoning Map
Exhibit "A" Proposed zoning map amendment
1. Planning Commission minutes from the June 3, 2003 meeting
2. Letter from applicant
Resolution approving TIM 02-003
Exhibit "A" Conditions of Approval
Exhibit "B" Tentative Tract Map
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING SPECIFIC PLAN
AMENDMENT 02-002; LOCATED AT 1595 EAST GRAND
AVENUE; APPLIED FOR BY MATSUMOTO REVOCABLE
TRUST
WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3323
on September 8, 1998 approving the Berry Gardens Specific Plan; and
WHEREAS, the applicant has filed Development Code Amendment 02-002 to amend
the Zoning Map of the City of Arroyo Grande; and
WHEREAS, adoption of the Specific Plan Amendment would establish land use,
development and design standards for the Single Family Residential with Specific Plan
overlay (SFR-SP) portion of Subarea 3 of the Berry Gardens Specific Plan; and
WHEREAS, the Planning Commission of the City of Arroyo Grande was unable to
make a recommendation to the City Council regarding Specific Plan Amendment 02-
002; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Specific Plan
Amendment 02-002 at a public hearing on June 24, 2003 in accordance with the
Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and Development Code; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has found that potential
environmental impacts have been addressed in the Final Environmental Impact Report
(FEIR) for the Berry Gardens Specific Plan; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Specific Plan Amendment Findings
1. The proposed specific plan (or specific plan amendment) is consistent with the
goals, objectives, policies and programs of the general plan;
2. The proposed specific plan (or specific plan amendment) will not adversely affect
the public health, safety and welfare or result in an illogical land use pattern;
RESOLUTION NO.
Page 2 of4
3. The specific plan (or proposed specific plan amendment) is necessary and
desirable in order to implement the provisions of the general plan;
4. The development standards contained in the specific plan amendment will result
in a superior development to that which would occur using standard zoning and
development regulations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Specific Plan Amendment 02-002, as shown. in Exhibit lOB" with
the above findings and subject to the conditions as set forth in Exhibit "A", attached
hereto and incorporated h~rein by this reference.
On motion by Council Member , seconded by Council Member , and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was apopted this 24th day of June, 2003.
RESOLUTION NO.
Page 3 of 4
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
Page 4 of 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
SPECIFIC PLAN AMENDMENT 02-002
1595 EAST GRAND AVENUE
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1. This approval amends the Berry Gardens Specific Plan by inserting the language
contained in Exhibit "B" into the Berry Gardens Specific Plan.
~-
~RY G A EXHIBIT B
. R. D ~.
~~ 4>- {j)
~
SPECIFIC PLAN
AMENDMENT
SUBAREA 3
Prepared by:
Westland Engineering, Inc.
Prepared for:
City of Arroyo Grande
Community Development Department
214 East Branch Street
Arroyo Grande, CA 93420
September 30, 2002
I
TABLE OF CONTENTS
Topic Page Number
I. INTRODUCTION
Project Location and Vicinity.......................................................I
Preapplication and Specific Plan Preparation. .. . .. ... .. . .. . . . . . . . . . . . . . . . . . . . . . ..1
Environmental Impact Report Preparation. ..... . .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . ..3
General Plan Amendment, ~pecific ~lag~~R.~z()ning Refinements..,.. ",,,.3
Summary of Specific Plan S\lbareas~ ~... ..~\~~ ~ ..~_........... .. ....... ....4
EJeistirlgEn"ironmental SetbUlg.....................................................5
~
II. GENERAL PLAN AND ZONING CONSISTENCY
General Plan Policies.............................................................. ...8
~ .' , " . - ,', . ""... .-. '. . . ................9
Proposed Map Amendment..
Specific Plan Subare~.. ~ . ... . ~....,......lO
lli. SPECIFIC PLAN PROPOSALS - Subarea 1
Purposes and Objecti"es... ...................;..................................... ..12
Land Use Subareas... ................................. ............ ... ......... ... ....13
Single Family Residential- Specific Plan (SFR-SP) Subarea..................I3
Patio Home Residential- Specific Plan (pHR..SP) Subarea.................. ..18
Access, Circulation, and Parking Standards...... ............ ............... ... ...23
Street- TreeslParkways, Park, and Poneling Basirl Landscapirlg............... .26
Fences, Walls, and Special Entry Features...................................... ..29
Water, Sewer, and Utility Facilities......... ......... ......... ... ... ...... .........33
Drainage and Storm Ponding Facilities............ .............. ....... ... ..... . ..35
Transit, Bike, and Pedestrian Facilities............... ...... ......... ... ... ........36
Schools, Parks, and Other Off-site Public Facilities Fees...... ... ... ......... ..37
Architectural Design Guidelines...................................................37
IV. SPECIFIC PLAN PROPOSALS - Subarea 2....................................... ...52
V. SPECIFIC PLAN PROPOSALS-Subarea 3
Purpose and ObjectNes......... ... .~.~.~...;.;.].:~..(.... ... ... ........ . ..........53.A.I
Land Use Designations and PropertyDey~!()pment Standar9s... .........53.A.l
Sirlg1e Family Residential- Specific Plan (SFR-SP)............ ... ..~....53.A.I
Access, Circulation, and Parking St8.n~....................... .. . ..... ;...53 .A.3
Street-Trees and Parkways....... .. ... . . .. . ....... ..... ... . .. . ... . . . ..... ..... ...53.A.3
Fences and Walls........................ .............. ...... ....................... ...53.A.3
Water, Sewer, and Utility Facilities............................................... .53.A.4
Drainage and Storm Poneling Facilities............... .............. ......... ..... ....53.A.4
Architectural Design Guidelirles......... ~ ....................~.~... ...... ...~........... ..53.A.4
VI. SPECIFIC PLAN PROPOSAL - Subarea 4.......................................... ..53
VII. IMPLEMENTATION AND ADMINISTRATION
Other Regulations and Code Enforcement... ... ...... ......... ... . .. ...... ...... .54
Proposed Phasing of Subdivision Improvements.......... .'. ... .. .... ... ...... ...54
Special or Conditional Uses: CC & R's..........................................57
Administration and Amendment of the Specific Plan... ... ...... . .. ... .........57
~
LIST OF EXHIBITS
Exhibit No. Title Page Number
1. Project Location Map 2
2. Specific Plan Subareas Map 4
3. Existing General Plan and Zoning Map 7
4. Proposed General Plan Amendment Map 11
5. Berry Gardens Specific Plan, Subarea 1 14
~
6. Prototype Site Plans - Interior Single Family 16
7. Prototype Site Plans - Comer Single Family 17
8. Patio Home Prototypes 20
9. Preliminary Site Plan - Patio Home - North 21
10. Preliminary Site Plan - Patio Home - South 22
11. Street Cross Sections (Local and Oak Park Boulevard) 24
12. Berry GardenslKawaoka Park 27
13. Berry Gardens Ponding Basin 28
14. Fence and Walls 30
15. Special Entry Features 32
16. Water and Sewer Plan Map 34
17. Typical driveway Design Variations 40
18. Single Family Residential, Parkway and Home Examples 41
19. Patio Home Residential, Home and Driveway Examples 42
20. Architectural Detail Examples 43-51
21. Subdivision Phasing Map 56
22. Subarea 3 Subdivision Map_ 57
(page 4 revisions)
Summary of Berrv Gardens Specific Plan Subareas:
Subarea Owner's Name Acreage Existing Proposed Use!Units
Zone Zone
1 KawaokaIBaker RR SFR-SP
KawaokaIBaker SF SFR-SP
KawaokaIBaker RR PHR-SP
Toma RR & SF RR &SF
...
Subtotal 3 acres To be determined by
subs uent GP AlSP A
TOTAL 50.1
acres
-4-
(page 9 revisions)
ProDosed MaD Amendment
The Berry Gardens Specific Plan Area would be outlined on the General Plan Land Use
Element Map, deleting current Rmal Residential (RR) and Single Family (SF)
designations within Subarea 1, the KawaokalBaker property. The Berry Gardens
Specific Plan adoption would establish two land use designations for Subarea 1, the
KawaolaIBaker property: Single Family Residential-Specific Plan (SFR-SP) on
approximately 31.9 gross acres and Patio Home Residential-Specific Plan (PHR-SP) on
approximately 5.6 gross acres.
~~}~~~~~~~~
!Element,Mji'8Iia zonm" "ina-""'cnan. . ," .:thtfcuuentRUfiilResIae" .at~~ ':8'" . ~oif!,
,.P--"""~"'"",_""~~.w.'&,,,",..,mo. '-''''-T'''''' """""'-"''''lIII':'-' "''1&'
:withit1"Sub8rea'"3cttlieMa.fSumoto:'. ro '... #yJo':Sin&e':' .8n1i1 ';R6SiCleiiti8.1. Pl..' ER~SP)~~..(~:j
i..&SfR~"~
Subareas 2 and 4 would be defined within the Berry Gardens Specific Plan Area, but the
current RR, SF and GC General Plan and zoning land use designations would remain
unchanged until subsequent applications by the respective property owners are approved
by the City of Arroyo Grande.
r
!
-9-
!
I
I
I
i
J (page 10 revisions)
I
I ... ... The General Plan Amendment and Berry Gardens Specific Plan propose that this
western 5.6 acre portion of the undeveloped property (not including the small portion of
property, within the Vicinity of Grover Beach) be reclassified Patio Home Residential,
Specific Plan (PHR-SP).
fi.R~II.1r1l.~.
SDecific Plan Subareas
Subarea 3. Matsumoto Property - This 4.6 acre property located northwest of the
Kawaoka/Baker property and south of Grand A venue at the western boundary of the City
of Arro 0 Grande has been used . culturall but is now vacant.
~1;'_ o~.
-"
"8'Q
- 10-
----------
SPECIFIC PLAN PROPOSALS - Subarea 3
Pumoses and Obiectives
This Amendment to the Berry Gardens Specific Plan Subarea 3 purposes and objectives
include the following:
a. To create single family housing types, predominantly composed of neo-
traditional single family detached dwellings compatible with the adjacent
Berry Gardens development.
b. To enable a compact single family detached residential subdivision
pattern, allowing a higher density (subject to Specific Plan Amendment),
replacing the Rural Residential and conventional Single Family
designation. TI1is project proposes slightly smaller individual lots than
conventional developments.
c. To discomage high speed and/or through traffic in the internal residential
streets. The design details are intended to reduce dependence on and
dominance of individual automobile use.
d. To utilize human scale buildings, landscaping, and lighting design details.
Street orientation of garages and placement of living areas of homes
should minimize dominance of the automobile and maximize opportunity
for residents and visitor interaction.
e. To minimize traffic congestion. This infill development is within walking
or biking distance to nearby convenience shopping, community parks and
recreation areas and existing transit routes providing regional access to
other activity centers, schools, services and employment areas.
f. To promote high standards of site planning, architecture and landscape
design for residential areas within the City of Arroyo Grande.
Land Use Desi2Dations and Prooertv develooment Standards
This Amendment to the Berry Gardens Specific Plan allows a SFR-SP housing type in
Subarea 3. Approximately 1.5 acres of the site at a density of 4.8 d.u.lacre for a
maximum of 9 units.
Sine:le Family Residential- Soecific Plan (SFR-SP)
1. Permitted and Conditionally Allowed Uses:
The SFR-SP subarea shall allow one single family detached dwelling and
residential accessory structures on each lot. Property development standards shall
be as described below and density shall not exceed 4.8 d.u.lgross acre.
- 53.A.l -
------~------~
2. Development Code General Provisions:
Unless otherwise provided as part of the Berry Gardens Specific Plan all
provisions of the Single Family (SF) designation and zone, as defined in the
General Plan and Development Code of the City of Arroyo Grande shall be
applicable within the SFR-SP area.
3. Minimum building site area:
Shall be 6,000 sq. ft. average (5,500 sq. ft. minimum)
4. Minimum average lot width and :frontage:
.
Shall be 60 feet. The lot :frontage minimum is 30 feet on cul-de-sacs or curves.
5. Minimum lot depth.
Shall be 75 feet.
6. Minimum yards:
a. The minimum :front yard building setback (:from back of sidewalk) shall be
10 feet and the maximum shall be 20 feet except garage doors, which shall
be setback at least 20 feet. Garage doors. shall be at least 10 feet behind
the :front of the house (side entry garages may be 10 feet minimum).
b. Interior side yard setbacks: Shall be 5 feet for single story buildings. For
two story buildings, the flI'St floor setback shall be 5 feet and the second
floor shall be 10 feet.
c. Rear yard setbacks: 10 feet.
d. Exceptions: Architectural features such as roofeaves, bay windows, steps
and chimneys may project into required yards as provided in the City's
Development Code.
7. Maximum lot coverage:
Shall be 50%.
8. Maximum building height:
Shall be 25 feet.
9. Maximum Floor Area Ratio:
Shall be 0.5, including garages.
10. . Development shall be subject to City of Arroyo Grande Architectural Review.
- S3.A.2 -
Access, Circulation and Parkine: standards
. Blackberry Avenue - Blackberry Avenue is an existing local street located within Subarea
1 of the Berry Gardens Specific Plan area. Blackberry A venue has been improved except
for the portion that fronts Subarea 3's property (Matsumoto property), where sidewalk
and driveways will be completed.
Strawberry Avenue - Strawberry A venue is an extension of a local street that terminates
in a cul-de-sac.
These local streets provide adequate circulation for medium density development. Both
public streets propose a 50 foot street right-of-way with 36 feet from curb to curb.
Within the 50 foot right-of-way, behind the curb face, a seven foot utility easement and
landscape parkway is proposed. Detached public sidewalks are located in an additional
five foot wide pedestrian and utility easement parallel with and adjoining the street right-
of-way. To facilitate pedestrian traffic, these sidewalks are proposed to be five feet wide
and driveway ramps would occur in the parkway area to enable level walks. Pedestrian
level street lighting and other amenities (such as clustered mailboxes) can be placed
along the ~idewalks or in selected parkway locations.
On-street parking - This Amendment to the Specific Plan proposes to require two car
garages for each dwelling unit.
Street Trees and Parkwavs
As described above, all of the intemallocal streets provide for 36 feet wide curb to curb
streets with seven-foot wide parkways separating five-foot wide sidewalks on both sides.
The landscape concept for street tree planting is generally to locate deciduous shade trees
within the parkways to eventually create a canopy over most of the street pavement as
well as the sidewalks. Two street trees per lot frontage would be required.
Fences
Fences - The interior side and rear yards of Berry GardenS' Amendment single family
detached homes will involve standard six-foot height unpainted redwood or cedar
fencing. The proposed fence design provides for an attractive base and cap board with
post fencing every six to eight feet for stability. The developer proposes to provide side
and rear yard fencing as well as front yard landscaping with each home to assure a basic
finished "streetscape". Homeowners will be responsible for landscaping of individual
rear yards except for the perimeter fencing. Front and street yard fences shall be
designed not to exceed 36 inches and fInished with the same exterior material and colors
as the exterior of the individual house. Standard wood plank, c.hain link or painted
plywood fencing materials are prohibited for front or street yard locations.
- 53.A.3 -
Residential covenants conditions and restrictions (CC&Rs) shall specify that it is the
responsibility of the individual lot owner to maintain the exterior appearance of the
fences, wall, street trees and landscaping of front yards.
Water, Sewer and Utilitv Facilities
This Amendment to the Berry Gardens Specific Plan proposes water distribution, sewage
collection and other underground utility facilities be installed by the developer as
conditions of Tract Map 2471. These improvements will include total site preparation,
grading and connections to the existing utilities adjacent to the property to enable
connection to existing City and utility company systems.
Drainae:e and Storm Pondine: Facilities
Drainage from the development proposed in this Amendment will be directed to the
existing Berry Gardens' basin located at the southwest comer of the residential
development, subjeot to agreemeftt to Berry GBfElens' subEIF:iaer.
Architectural Desie:n Guidelines
Neo-traditional residential neighborhood design guidelines were derived from the
SLOCOG Model Ordinance as recommended by the City of Arroyo Grande Community
Development Department. Features include:
- Single-family detached houses oriented to the streets with front porches and living
areas having ten to twenty foot front yard and five to ten foot street side yard
setbacks from back of detached sidewalks.
- Garages which are setback a minimum of twenty feet from back of sidewalk and
ten feet behind living areas reducing the dominance of automobile parking as a
residential design element.
- Driveways that are varied in design with reduced ramp and approach width across
parkways and front yards.
- A variety of one and two story floor plans and elevations intended to create a
diverse design rather than tract-like unifonnity of housing styles. The detached
single-family home plans are all intended for resident ownership, each with two,
three or four bedrooms, two baths, and two car garages.
- On-street parking will be for supplemental resident and guest parking.
- 53.A.4 -
----"-
I
Because the City of Arroyo Grande reserves the Architectural Review process to consider
detailed plans and specifications prior to construction, this Amendment to the Berry
Gardens Specific Plan does not intend to prescribe final floor plans and elevations,
instead it defines "prototypical" site plans for single family detached lots, conforming to
proposed property development standards. Additionally, the Specific Plan Architectural
Design Guidelines are intended to describe other elements of form, materials, details, and
colors that are encouraged to create diverse but coordinated and compatible designed
residential and accessory buildings. The Specific Plan intentionally avoids a uniform
architectural style!
Building Materials - Consistent use of stucco and masonry or horizontal painted wood
siding are encouraged as exterior siding materials. Concrete or clay tile, slate, or heavy
composition shingles are encouraged as roofmg materials. (Wood shake or shingles are
prohibited for fire safety). Heavy timber, tile, or wrought iron are encouraged as accent
materials.
Color - Coordinated use of earth tone colors complemented by compatible accents,
shading, landscaping, and lighting will provide for diversified design character. Uniform
color of adjoining houses is discouraged. Accent or trim colors should energize and
enliven the visual character, using warm hues. No colors, basic or accent, sh811 be shrill
or garish and no more than two basic colors shall be used on a single building mass.
Similarly not more than two accent colors shall be used on anyone building. There is no
limit to the number of neutrals that may be used on any building. Detailed material and
color palates will be determined for specific buildings as part of subsequent City Design
Review.
Building Orientation - Residential buildings shall generally fage the adjacent access
street with convenient primary entranc~ but secondary entrances are also allowed.
Buildings shall provide for shaded or sheltered pedestrian areas, particularly along
southern and western exposures, including use of arcades, trellises, arbors, and roofed
porches or balconies.
Screening Provisions - Walls shall "generally be the same colors and materials as the
adjoining building exterior and not in excess of six to eight feet height, reinforced where
feasible with landscape screening. Walls in required front and street side yards shall not
exceed 48 inches to. six feet in height, depending on placement. Perimeter fences shall
not exceed 6 feet height unless specifically approved otherwise by Design Review, or for
architectural features such as entry gateways, trellis and arbor elements.
Outdoor Storage, Mechanical Equipment, and Trash Enclosures - To the extent possible,
these types of facilities shall be integrated into buildings and not located outside. When
necessary, and if approved by City Design Review, limited outdoor storage, mechanical
equipment, or trash enclosures may be within walled and gated enclosures designed as an
extension of and compatible with the primary or accessory structures. Free standing
enclosures and metal accessory structures are discouraged. Normal utility and air-
conditioning equipment may be placed on the ground when screened by appropriate
landscaping and situated away from outdoor use areas; windows, or doorways.
- 53.A.5 -
Architectural Details - The Architectural Design details encouraged for Tract 2471 are as
follows:
- Multi-pane vertical shaped rectangular and/or arched windows, recessed or with
framed relief. Windows may be grouped.
- Fireplace chimney trim and cap details and shapes that reflect the roof or window
shapes or include material changes, tile or trim, and color variatiOns.
- Roofs that include eve extensions or trellises, arbors, or roofed porch elements to
accent and shelter primary entrance doors.
- Low walls'8Ild landscape screening of front yards to improve outdoor utility and
provide partial separation or distinction of public and private open space.
- Accent materials or trim color attic vents, and windows or skylights to maximize
natural lighted interiors and provide exterior diversity.
- Diversity of roof pitches and materials that generally avoid flat or shed roofs or
parapet walls, and favor hip or gable roofs reflecting traditional American
architectural styles.
- Distinctive and readable housing numbers located near the primary entrance and
preferably lit for night visibility from the public street.
- Side yard attached or rear yard detached double garages with double doors or
single doors on each side, consistent with the architectural character of the
residence.
- Minimum hardscape and maximum landscape in the required front and street side
yards, including special driveway treatments such as grasscrete, wheel strips,
single wide ramps and aprons, gravel or patterned concrete, stone or pavers.
- Entry trellises or arbor gateway entries to walkways and side yard driveways to
facilitate pedestrian access and screen vehicular areas.
- 53.A.6 -
100-00
;.,.,-:-~-.:;;D :It ...00
__--------------' c__-------------1 r------------'
, ' ' , '
, ' ' , '
, ' "!' I '
, ' <0 I' I
I ' .....' , on '
"", ." ~'
I' ,-" ~,." c'
, ~ J I- g :> ,~I "I
C.' ,'I g'''' ,.' ~, :
c , " " . w" c" 'I
o. ,_- ,,0
J .. '" /_ }.. ___........!! " J I G\ '
w/ .. -.. ~ " '
...-4 /-' · ----..... -.... \ \ ~ \
;' ~/ - ---" _....~'
11/ -_4 1 ,.,------------'
, . -- '<>, ,q ,
., ,--- ---".........-j
. ' '"
~,~ ,-
iI! : <:t:
\Jj }.. I ,..:I
I\!, , ., n
., ' ,....
-'--
CJ
~~
t'- P
__-.r--1 . ~ <:t:
/' , ,"'<, , \' %-' \." rV'
...4 .. ........------.. · · ,....
.d""- ,', I. .....--' ...~...,.. on , a~ r '"'
/Y /, \ 1< \,.\ E-' '-'
r- - .~" II
~ ' ~"." \
\; ~-l-:~ c \~: \; \ r:. 1\' c::. ';>->
J ., , ' ' " J"" ...... rY
." \; ." " ,I rY"""
I ~ .;J.w \' ~ 'I I-'-I.LI
'. C1,' ~, <-0......
, ' ,."
, !! I \ ,\ ',Z
(@ 0..' ,@ \ \ I-""i
, I , ' '$
I ' , .
c__ _----------~ -- _--------1 I
~ ...' .-' ';j
, " " ... ~
. - -------
__- __--------: '\1--- --------- r--- - ~,
, ~I ,'" n .
'" " . ",' J ,....
. " .' n
r: \ \1 ~ 1 \ . ~ 1
- " '.'\ ~ . . ' ~ , .
, .' ,. ..' >
b i ~ '-'I \; , ~ ~, g I '" \ ·
-' Q '~ -' I! :.J I W
, II w' 0
o "\ 0 1;0: \
...; \ ,. ;0:' 0..
~ ,'I ~, ·
, ,\!I ' .
___-----"'" ....~----- r~-- --- S. ~ I
. __ ' '\" ' ,,a,;:, ~,
___-----.-J :~_ __------- c-........-- ~. 1
c' · ~ ..
Q
1\
------------- ...--------
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
OF ARROYO GRANDE; DEVELOPMENT CODE
AMENDMENT 02-002, APPLIED MATSUMOTO
REVOCABLE TRUST
WHEREAS, the City of Arroyo Grande Zoning Map indicates that a 1.6 acre portion of the
parcel identified in the attached Exhibit "A", located at 1595 East Grand Avenue, is
located in the Rural Residential (RR) zoning district; and
WHEREAS, the applicant, Matsumoto Revocable Trust, has filed an application for
Development Code Amendment 02-002 to amend the Zoning Map and designate the
project parcel as Single Family Residential- Specific Plan (SFR-SP); and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has recommended
that the City Council approve Development Code Amendment 02-002; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 02-002 at a duly noticed public hearing on June 24, 2003, in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed zone change will satisfy the 2001 General Plan Land Use
Element, which designates the property as Medium Density Residential -
Specific Plan. .
B. The existing zone and proposed zone are both residential in nature, and will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. Medium density residential development within the project area would be
consistent with development and design standards under the SFR-SP zoning
designation and insure orderly development.
-
ORDINANCE NO.
PAGE 2
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map are insignificant or can be mitigated to a
less than significant level.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande hereby approves Development Code Amendment 02-002 amending a portion of
the Zoning Map as follows:
SECTION l' The above recitals and findings are true and correct.
SECTION 2. Development Code Section 16.24.020 is hereby amended as shown in
Exhibit" A" attached hereto and incorporated herein by reference.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Determination.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
I
l
f
ORDINANCE NO.
PAGE 3
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of ,2003
ORDINANCE NO.
PAGE 4
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
E.)(r\\B\\ A
@ r~---~D
\
H
\
i
\ \I'
, I I
. I
I
2 /
<(
Q.
\~U\ I
----- \
STRA~-~'\ I
\
\
MANHATT BLACKBERRY ~
ffi
(Xl
I ffi
\ i en
I b
\ (Xl
\
1he shaded area \s proposed to ~e chaOg~d
1rotn Rura\ Res\deot\a\ tRR) to S\Og\e fatn\\'J
Res\deot\a\ w\th spec\1\C p\aO o'Jer\a'J tSfR-SP)
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TENTATIVE TRACT MAP
02-003; LOCATED AT 1595 EAST GRAND AVENUE;
APPLIED FOR BY MATSUMOTO REVOCABLE TRUST
WHEREAS, the applicant has filed Tentative Tract Map 02-003 to subdivide a 1.5-acre
portion of a parcel located at 1595 East Grand Avenue; and
WHEREAS, the Planning Commission of the City of Arroyo Grande was unable to
make a recommendation to the City Council regarding Tentative Tract Map 02-003;
and
WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative Tract
Map 02-003 at a public hearing on June 24, 2003 in accordance with the Development
Code of the City of Arroyo Grande; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and Development Code; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has found that potential
environmental impacts have been addressed in the Final Environmental Impact Report
(FEIR) for the Berry Gardens Specific Plan; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist
Tentative Tract Map Findings
1. The proposed tentative tract map is consistent with goals, objectives, policies,
plans, programs, intent and requirements of the Arroyo Grande general plan, as
well as any applicable specific plan, and the requirements of this title.
2. The site is physically suitable for the type of development proposed.
3. The site is physically suitable for the proposed density of development.
4. The design of the tentative tract map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
5. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
RESOLUTION NO.
Page 2 of 10
6. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public-at-Iarge for access through, or use of,
property within the proposed tentative tract map or that alternate easements for
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will not result in violation of existing requirements as
prescribed in Division 7 (commencing with Section 13000) of the California
Water Code.
8. Adequate public services and facilities exist or will be provided as the result of
the proposed tentative tract map to support project development.
NOW, THEREFORE, BE IT RESOLVED that the City. Council of the City of Arroyo
Grande hereby approves Tentative Tract Map 02-003, as shown in Exhibit "B" with the
above findings and subject to the conditions as set forth in Exhibit "A", attached hereto
and incorporated herein by this reference.
BE IT FURTHER RESOLVED that this Resolution shall become effective when
Ordinance No. (Development Code Amendment 02-002) becomes effective.
On motion by Council Member , seconded by Council Member , and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 24th day of June, 2003.
RESOLUTION NO.
Page 3 of 10
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
Page 4 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 02-003
1595 EAST GRAND AVENUE
This approval authorizes the subdivision of a portion of residential/commercial parcel into
nine single-family lots.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
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 Tentative Tract
Map 02-003.
3. Development shaH occur in substantial conformance with the plans presented
to the City Council at their meeting of June 24, 2003 and marked Exhibit
"B".
4. This tentative map approval shall automatically expire on
unless the final map is recorded or an extension is granted pursuant to
Section 16.12.140 of the Development Code.
5. Development shall conform to the Single-Family Residential - Specific Plan
(SFR-SP) zoning requirements except as otherwise approved.
6. The applicant shall, as a condition of approval of this tentative 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 brought within the time period provided for by
law. This condition is subject to the provisions of Government Code Section
66474.9, which are incorporated by reference herein as though set forth in
full.
SPECIAL CONDITION:
7. The applicant shall pay an (iffordable housing in-lieu fee equal to 3 % of
construction costs.
BUILDING AND FIRE DEPARTMENT
GENERAL CONDITIONS:
10. The project shall comply with the most recent editions of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as adopted by
---
RESOLUTION NO.
Page 5 of 10
the City of Arroyo Grande.
11 . Project shall have a fire flow of 1 ,000 gallons per minute for a duration of 2
hours.
12. Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire
Department and Public Works Department standards.
13. Prior to occupancy, buildings on lots 4 through 9 must be fully sprinklered per
Building and Fire Department guidelines, if required by the Fire Department.
14. An opticom traffic signal pre-emption device shall be installed that meets
Building and Fire Department requirements at a location approved by the Fire
Chief.
15. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable
conditions.
1 6. Prior to issuance of a building permit, County Health Department approval is
required for well removal, if applicable.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT:
1 7. Water mitigation fee, to be based on codes and rates in effect at the time of
building permit issuance, involving water connection or enlargement of an
existing connection.
18. Water distribution fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
19. Water service charge to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
20. Water supply charge,. to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
21 . Traffic impact fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ordinance 461 C.S., Resolution
3021.
22. Traffic signalization fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ordinance 346 C.S., Resolution
1955.
23. Sewer permit fee, to be based on codes and rates in effect at the time of building
permit issuance, in accordance with Municipal Code 6-6.405.
24. Drainage fee, as required by the area drainage plan for the area being developed.
RESOLUTION NO.
Page 6 of 10
25. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and
rates in effect at the time of development in accordance with State mandate.
26. Building permit fee, to be based on codes and rates in effect at the time of
development in accordance with Title 8 of the Municipal Code.
PUBLIC WORKS DEPARTMENT CONDITIONS
GENERAL CONDITIONS:
27. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
28. All project improvements shall be designed and constructed in accordance with
City standards and specifications. The following Improvement plans shall be
prepared by a 'registered Civil Engineer and approved by the Public Works
Department:
a. Grading and drainage.
b. Erosion control.
c. Street paving, curb, gutter and sidewalk.
d; Public utilities.
e. Water and sewer.
f. Landscaping and irrigation.
29. Improvement plans shall include plan and profile of existing and proposed
streets and utilities.
30. The site plan shall include the following:
a. The location and size of all water, sewer, and storm drainage facilities
within the project site and abutting streets or alleys.
b. The location, quantity and size of all sewer laterals.
c. The location, quantity and size of aU water laterals.
d. The location, size and orientation of all trash enclosures.
e. All lot lines and easements crossing the property.
f. The location and dimension of all paved areas.
g. The location of all public or private utilities.
31. Landscape and irrigation plans are required within the public right of way, and
shall be approved by the Community Development and Parks and Recreation
Departments. In addition, The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
i
~ I
RESOLUTION NO.
Page 7 of 10
32.' Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes.
33. Prior to acceptance of the improvements, the applicant shall provide one
reproducible mylar set and an electronic (e.g. Autocad) file of the approved
record drawings (as builts) signed and stamped by the engineer of record.
34. 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 facilities shall not be permitted.
The cleaning shall be done after each day's work or as directed by the Director
of Public Works or the Community Development Director.
35. Prior to approval of an improvement plan, the applicant shall enter into an
agreement with the City for inspection of the ~equired improvements.
36. The applicant shall be responsible for obtaining an encroachment permit for all
work within the public right of way.
37. A traffic control plan will be required for any partial or full street or shoulder
closure necessary during construction. The Traffic Control plan is subject to the
approval of the Director of Public Works.
STREET IMPROVEMENTS
38. Blackberry Avenue shall be designed and constructed to street standards
established by the Berry Gardens Specific Plan, including the following:
a. 5 feet wide detached concrete sidewalks per City Standards to match
existing.
b. 50 feet wide right-of-way.
c. 25 mile per hour design speed.
d. entire paved area of street section between gutter lines shall be ground
and overlayed with a minimum of 11/2 " of asphalt to match existing for the
width of the project frontage following sawcutting and installation of the
various utility laterals.
e. restriped after overlay.
39. Strawberry Avenue shall be. designed and constructed to street standards
established by the Berry Gardens Specific Plan, including the following:
a. 36 feet street width from curb to curb.
b. 5 feet wide detached concrete sidewalks with concrete curb and gutter on
both sides of the street.
I
-- I
-~-_._---.-..-
RESOLUTION NO.
Page 8 of 10
c. 50 feet wide right-of-way.
d. 25 mile per hour design speed.
e. City standard cul-de-sac design.
f. existing utility mains to be extended into the cul-de-sac.
DEDICA TIONS AND EASEMENTS
40. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8%x11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
41. A Public Utility Easement (PUE) shall be dedicated a minimum 11 feet wide
established by the Berry Gardens Specific Plan adjacent to all street right-of-
ways. The. PUE shall be wider where necessary for the installation or
maintenance of the public utility vaults, pads, or similar facilities.
42. A 5-foot sidewalk easement established by the Berry Gardens Specific Plan shall
be dedicated adjacent to all street right-of-ways to match existing.
43. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way, except that street tree easements shall exclude the area
covered by public utility easements.
GRADING AND DRAINAGE
44. All grading shall be done in accordance with the City Municipal Code Section
13.24.
45. A preliminary soils report shall be prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
46. All drainage facilities shall be designed to accommodate a 1 OO-year storm flow.
47. The storm water run-off from the proposed Strawberry Avenue cul-de-sac is to
be directed down Courtland Street to the Berry Gardens Drainage Basin.
48. The storm water run-off from the lots along Blackberry Avenue is to be directed
down Cranberry Street to the Berry Gardens Drainage Basin.
WATER
i
!
I
RESOLUTION NO.
Page 9 of 10
49. The applicant shall connect the new 8-inch water main in Strawberry Avenue to
the existing 8-inch water main in' accordance with City Standards and as
approved by the Director of Public Works.
50. All new water mains shall be a minimum of 8".
51. No' combustible materials to be brought onto site without Fire Department
approved fire access and water supply.
52. Fire hydrants are to be installed in accordance with the Fire Department
guidelines at locations to be approved by the City of Arroyo Grande Fire Chief.
53. Abandon any existing private wells on site. Obtain "Certificate of Abandonment"
from the County of San Luis Obispo prior to final approval.
WASTEWATER
54. Each lot shall be provided a separate sewer lateral. .
55. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
56. All new sewer mains shall be a minimum of 8".
57. The applicant shall connect the new 8-inch sewer main in Strawberry Avenue to
the existing 8-inch sewer main in accordance with City Standards and as
approved by the Director of Public Works.
PllBlIC IITIIITIES
58. All new public utilities shall be installed as underground facilities.
59. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
60. 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.
61. The Final Map 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.
FEES AND BONOS
RESOLUTION NO.
Page 10 of 10
62. The applicant shall pay all applicable City fees when they are due.
63. The subdivider shall enter into a subdivision agreement for the completion and
guarantee of improvemeots required. The subdivision agreement shall be on a
form acceptable to the City.
64. The applicant shall provide bonds or other financial security for the following.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
65. All bonds or security shall be in a form acceptable to the City, and shall be
provided prior to recording of the map, unless noted otherwise. The minimum term
for Improvement securities shall be one year longer than the schedule for
completion of improvements described in the subdivision agreement.
66. The applicant shall furnish a certificate from the tax collector's office indicating
that there are no unpaid taxes or special assessments against the property.
67. A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the map. A current subdivision guarantee shall be
submitted to the Director of Public Works prior to recording the Map.
I
- ~
EXHIBIT B
......
".,..-:-~';;;D~ nlO ......
----------------' r---------------. r------------...
\ I I \ I
\ \ (I)' \ I
, I . \ I '
, \ ~ I , '
I , I \ on 1
, , (I) ~" \ I cD '
, ' I""- \
I ~, ~I~ \ j!\ U 1
l""- I i' Q) ::i '
S \ \ & ...J cl I , .... > \8
I nr---- ~ \ I 9 I '=i I!!
,_ -'III-__n. I I W \
L- ___ ~ ~ ' \ ~ I
_~ 4f I , n. '
~ -__I h_--~!!".!'!.~-J
',~ ~ '6 I
s ----- "...a]I ...... pi ,
------------'
s ~
~
p...
d
~ Z
['- 1-"1
s ~ ~
s ,- _~7>r--' , C\1
,,' , \~ \ r!-' ~
","~ J ~~,c-~--{ t s
;' /'1 d
r- -'~;" \ : .; , tis E-'
tI> \ <<! I \ ....::i~ \ I ! ~
~ L-i--- ~ ' i\ ~ I ~ \1 ~
I I
...J "I on ::i U '
.. .... ' \ ...J..... \ I ~ .~
,b 01> , I ~ I I
I i oJ ':j , ~
I ..... I ' n. I E-'
\ ' .
, ~ \ I ' I Z
'@ I
@IDn. , I \ I ....-I
, I \ ' . ~
I '
L_- ___--------J ~_ _--------4 I
nJI ...... I ::5
-
, ' , , .... ~
_--------- 'r----- --------- r---- ---------
: ~\ : ~
I I 1\ ,on p...
If! \ \. If! \ ,.)
" : \1 1', \ ~
_ ::i" '1i' \ C'I ::i " ' 0') ::i . ,
I . I \. . 'II >
b i ; I 5,\ 0 I ~ I' g , ':j s
~ w \~ ~ d \ W
o ,,\ ~ ~' ~ 1- ·
;.c I "i I n. .
n. ,,\ n.'
, & \
!\T~----- r~",....JI"-- --- I
:'. - ' I !
,,_ -~worAf----- L-,o.U""';--
.
0
II
DRAFT ATTACHMENT 1
PUBLIC HEARING ITEM II.B: SPECIFIC PLAN AMENDMENT CASE NO.02-o02 &
TENTATIVE MAP CASE NO. 02-003; APPLICANT - MATSUMOTO REVOCABLE TRUST;
LOCATION - 1595 EAST GRAND AVE. Staff report prepared by Ryan Foster, Planning
Assistant.
Mr. Strong introduced the project explaining that this was a proposal to subdivide a 1.5-acre lot
into nine (9) residential lots on a portion of subarea 3 of Berry Gardens and that it was in
substantial conformance with the Pre-Application that was previously reviewed by the
Commission.
Commissioner Brown he had a concern that because this is a small subdivision can the in-lieu
fee be considered? Mr. Strong replied that there are provisions in the current Development
Code and the former Housing Element that gave an exemption when less than 12 lots were
being created was possible to either pay a fee, provide a lot or conduct a study. However, the
Commission has the option to require up to 25% of the development to be affordable.
Vice Chair Brown opened the hearing to the public.
Terry Orton, Westland Engineering, stated that as they were using the same Specific Plan as
Berry Gardens so they would like consistency with them so they were not in favor of the 25%
affordable requirement and that the in-lieu fee would be preferable. He asked that language be
added to Condition No. 13, re sprinklers, to state ".. .if required by Fire Department" and stated
that they would be installing a fire hydrant in a cul-de-sac.
Commission Comments and Questions:
. Commissioner Keen said the project was consistent with Berry Gardens; he could agree to
change the language on Condition No. 13; Commissioners Arnold, Brown and Fowler also
agreed with the language change.
. Commissioner Arnold said he was in favor of the affordable housing requirement, but he
was opposed to the in-lieu fee.
. Commissioners Fowler said although she preferred lots or homes for the affordable housing
requirement the in-lieu fee was acceptable for this proposal as this would be consistent with
Berry Gardens.
. Commissioner Brown said he was in not in favor of allowing the in-lieu fee and it was his
opinion that affordable housing should have been asked for in Berry Gardens. However he
could be flexible on the percent of units required.
Vice Chair Brown closed the public hearing.
Commissioner Keen made a motion, seconded by Commissioner Fowler to recommend that the
City Council approve the Tentative Parcel Map 02-003 & Specific Plan/Development Code
Amendment 02-002 with the amendment to Condition No. 13. The motion was at an impasse
with the following roll call vote:
AYES: Commissioners Keen and Fowler
NOES: Commissioner Arnold and Brown
ABSENT: Commissioner Guthrie
After further discussion Mr. Orton said he would like to continue to City Council for their
consideration, despite impasse on the affordable housing/in-lieu fee, issue.
~__n... _ --"'~'.~------"-"'-- -~_.,.."
--.--
ATTACHMENT 2
Yoshiye Ruth Dea, Trustee ,
\.
Matsumoto Family Trust 03 JU~J I 6 PH 2: 52
2030 Sea Cliff Way
San Bruno, California 94066
June 12, 2003
Arroyo Grande City Council
215 East Branch Street
Arroyo Grande, California 93420
Re: 4.6 acres on 1595 Grand Avenue, Arroyo Grande (Tentative TractMap 02-003)
~
, Dear Members of the Arroyo Grande City Council:
With respect to the lack of action taken by the Arroyo Grande Planning Commission on
Tuesday, June 3, 2003, the undersigned wishes to respectfully provide you with the
position of the property owner. The request to approve a lotsplit and rezone 1.6 acres
from RR to SFR-PD was previously reviewed and approved via "pre-plan" hearings by
both the Arroyo Grande Planning Commission and City Council. The Staff Advisory
Committee (SAC) also voted in favor of the request.
The Planning Commission, however, failed to take action based on a split ''2 to 2" vote.
The dissenting Commissioners requested the project devote two lots toward the
affordable housing element. This action is clearly inconsistent with 16.80.050A(3.) of the
affordable housing policy of the City of Arroyo Grande. This section of the policy states
"Projects where fewer than twelve (12) units are allowed after amendment of the general
plan and/or rezoning increasing the allowable density of the affected property shall be
subject to payment of an in-lieu fee equivalent to two and one-half percent of the value of
the new construction..." The nine lots are large and suitable for detached single-family
residences and could not be granted any additional density bonus due to their location in
tne B?!I)f Ga:de~:- ~~:!:~!~::;~~~!.
In the event the City Counsel does not agree with me on this issue, I would like to request
the two unit affordable housing requirement be placed on the adjacent 3.0 acres also
owned by the undersigned. It would make more sense to require the affordable housing
on a high-density development.
Thank you for your consideration.
Very truly yours,
YO~~~~~~
cc: Dennis Allan
9.b.
CITY OF ARROYO GRANDE
PLANNING COMMISSION AND CITY COUNCIL
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN that the Planning Commission and City Council of the City of Arroyo Grande will
hold Public Hearings on the following items:
CASE NO. Development Code Amendment No. 02-006
LOCATION: Village of Arroyo Grande. (See maps of existing and proposed zoning)
PROPOSAL: Revision to the Zoning Map and Title 16 of the Development Code, Chapters 16.04,
16.02, 16.12, 16.16, 16.24, 16.36, 16.48 and 16.56 to rezone the Village Commercial
District and portions of the General Commercial District and Office District to the
Village Core Downtown District and the Village Core Mixed..Use DIstrict.and Village
Residential District as generally shown on the map below.
ENVIRONMENTAL
DETERMINATION: The proposed activity is within the scope of the Program EIR prepared for the 2001
General Plan Update.
REPRESENTATIVE: Rob Strong, Community Development Director (805) 473--5420
pLANNING COMMISSION:
SPECIAL MEETING: Tuesday, June 17, 2003 - 6:00 P.M.
Arroyo Grande City Council Chambers
215 E. Branch Street
Arroyo Grande, California 93420
CITY COUNCIL: Tuesday, June 24, 2003 - 7:00 P.M.
Arroyo Grande City Council.Chambers
215 E. Branch Street
Arroyo Grande, California 93420
This Development Code amendment is the first revision propoSed toward achieving required consistency with
the General Plan updated in October 2001. The proposed amendments to Title 16 can be obtained at City
Hall. This pro~1 will amend the Zoning Map and portions of TItle 16 of the Arroyo Grande Municipal Code
by rezoning the Village Commercial District to the Village Core Downtown District and the Village Mixed Use
District. Specifically, ~e Village Core Downtown District is proposed for parcels. fronting Branch Street
between Wesley Street and Tally Ho/COrbett Creek. The Village Mixed Use District is proposed to encompass
the remaining ama currently zoned Village Commercial District and portions of the Office district east of Mason
Street near Nelson. Green. One block on the west side of Whiteley Street south of Arroyo Grande Creek and .
four parcels off East Branch Street on the eastem edge of the Village Mixed-Use district will be rezoned to
Village ~esidential. Amendments to Title 16 include regulations for the project approval process, allowed
uses, development standards and parKing uses in the proposed Village Core Downtown District and Village
Mixed-Use Districts.
Any person interested in the proposal can contact the Community Developinent Department at 214 E. Branch
Street Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.). The proposed
Ordinance and related maps and tables are available for public inspection at the above address.
Any person affected or concerned by this issue may submit written comments to the Community Development
Director before the Planning Commission or City Council hearings, or appear and be heard In support of, or
. opposition to, the project.
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 Planning
Commission or City Council at, or prior to, the public hearings. . Failum 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. . .
The Planning Commission and/or City Council may consider changes or alternatives within the
areas shown on the maps and/or adopt provisions different than the initial proposals.
existing Zoning Districts in the Village area. GC = General Commercial;
VC = Village Commercial; VR = Village Residential; D-2.4 = Design Overlay District 2.4
. \l
",
Proposed Zoning:
VCD = Village Core Downtown
VMU = Village Mlxed-Use
VR = Village Residential
SF = Single Family
Note: All V districts are
D-2.4 or D-2.11 overlay
\ /
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~
BY: TERESA MCCLISH, ASSOCIATE PLANNER l' fAt/'
SUBJECT: CONSIDERATION OF REZONING THE VILLAGE COMMERCIAL
DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND
OFFICE PROFESSIONAL DISTRICT TO VILLAGE CORE DOWNTOWN,
VILLAGE MIXED USE, VILLAGE RESIDENTIAL AND SINGLE FAMILY
RESIDENTIAL; REVISING LAND USE REGULATIONS IN TITLE 16 TO
ADDRESS REQUIREMENTS FOR MIXED USE DISTRICTS AND
APPROVAL PROCESSES
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council open the public hearing, accept public comment and
continue the hearing to August 12, 2003.
FUNDING:
No fiscal impact.
DISCUSSION:
The Planning Commission discussed the proposed Development Code Amendment at the
February4, 2003, February 18, 2003, April 1, 2003 and June 17, 2003 public hearings.
The Commission continued their June 17, 2003 public hearing to July 15, 2003 for final
consideration. Therefore, it is recommended the City Council accept public comment at
this time since the item was publicly noticed, but continue discussion and action until all
Planning Commission recommendations are completed.
The Planning Commission tentatively recommended the zoning map shown in Exhibit 'A'
(Attachment 1), with the addition of one lot at 122 and 124 Allen Street within the Village
Mixed Use (VMU) district as requested by June 12, 2003 letter from property owner Mrs.
Freitas (Attachment 2).
The detailed provisions of the proposed Development Code Amendments, which were
part of the June 17, 2003 Planning Commission staff report, with pending revisions
requested at that hearing will be distributed to the City Council after the Planning
Commission makes their recommendations on July 15, 2003.
- - --..-..-.----------... .---------.--- -----.._--- -- -----~.~._---.-
CITY COUNCIL
CONSIDERATION OF REZONING THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE
GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICT TO VILLAGE CORE DOWNTOWN,
VILLAGE MIXED USE, VILLAGE RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL; REVISING LAND
USE REGULATIONS IN TITLE 16 TO ADDRESS REQUIREMENTS FOR MIXED USE DISTRICTS AND
APPROVAL PROCESSES
JUNE 24, 2003
PAGE 2
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Continue the hearing to August 12, 2003 as recommended; or
- Continue the item to a different date; or
- Continue the item to a date uncertain (which requires re-noticing); or
- Begin discussion and continue the item for formal action and provide direction to
staff.
Attachments
1. Exhibit' A' proposed zoning maps.
2. Freitas letter, June 12, 2003.
-,----- _..,~---------- ------ . -_.~
A11 ACHMEN11
-
8
-z,--
- i ~ ~
- ~ -
~G:As~
.-!e. ?-8
~,!!'i"ii
8 4 !
'-'iririr
...~~~~'
0-
~..@
~
Q)
E
-0
C
Q)
~ -
d:. ~
Q)<.D:
-oO~
00 .D
()~.Z
.....0 X
C. OJ
Q)
E
0-
0
--
Q)
~
0
, :
The Planning Commission andlor City Council may consider changes or alternatives within the
areas shown on the maps and/or adopt provisions different than the initial proposals.
;
\
'.
\
G ~
. ~,,,,:,,,,\'
~;.. .
.~.
's . \..
\
.AG \
Existing Zoning Districts in the Village area. GC = General Commercial;
VC = Village Commercial; VR = Village Residential; D-2.4 = Design Overlay District 2.4
~ \~ \.>":
.
I
i
.
Proposed Zoning:
VCD = VII/age Core Downtown
VMU = Village Mixed-Use
VR = Village Residential
SF = Single FamUy
Note: All V districts are
0-2~4 or 0-2.11 overlay
I
I
Connie J. Freitas
1604 La Vineda San Luis Obispo, CA 93401 805.543.4442
DATE: JUNE 12, 2003
TO: CITY OF ARROYO GRANDE ATTACHMENT 2
ATTENTION: MS. TERESA McCLISH, ASSOCIATE PLAt\
FROM: CONNIE J. FREITAS, TRUSTEE ~~
SUBJECT 122124 ALLEN STREET -:AS~ES_SMENTNUMBER: 007,553,006
RE: ZONE DESIGNATION CHANGE TO THE PROPOSED VILLAGE
MIXED USE, VMU
This is a request to allow a zoning change to the above captioned property. The
requested zoning is to the proposed Village Mixed Use, VMU zoning. The subject
property is approximately 14,000 sq ft. There are currently three olqer units on this site.
The property is located adjacent to and across from property with zoning proposed
VMU.
The size and location of the property makes it economically viable for a mixed use. The
desire is to have this property developed with office and residential uses or possibly as
a bed and breakfast establishment. It is our desire to work with the City Planning staff,
the Architectural Review Commission, and the Planning Commission to find a mutually
acceptable future enhancement to this property.
The proposed change of zoning is very consistent with other property in the
neighborhood, both the adjacent property to the west and the north are currently zoned
as mixed use. The current use of the property is not consistent with the single family
zoning designation. This property's current use is consistent with the mixed.use
designation.
The development of this property would contribute to the enhancement of the economic
viability of the village and bring it in line with the new architectural guidelines for- this
area. This improvement would benefit the neighborhood by the improved look and
quality. construction. This addition to the desired historicallo.ok in the village is valued
by the community. Future development of this property would cause an increase in tax
revenue to the city. The current assessment is under prop 13 and has a very low
assessed value.
The results of the proposed zoning is consistent with the goals of the general plan, it
promotes a rural small town atmosphere, it recognizes limitation upon the natural
resources necessary to support urban and rural development as it will not add any
additional demands, and lives within those limits. This proposal support~ and
accommodates a balance and variety of urban and rural lifestyles, arid it is consistent
with the goal of providing the best possible quality of life for all residents.
Attachments (2) RECEIVED
.
JUN 13 2003
CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPT.
._-.~-_.-
~ (CD' 0
'::,J \1.1\00
) ~1 .~ 'H 0\0 0
"Zo.~
:) <(, 0.. '.0
~\~ -------- ~r:..o
..
0
... ....
... ooX .-
..... ~
.. ')- CD ::s
.. o 0. ..J
,.c o::.OC
". @'@! 0::. ':i. 0
_ .' N <t (I)
'" ~ I . ...
. . \1,.'-
...0
. 2' (~ - og,."
@"I ')-'Z"'C
... - - !'~'!. -" ~ -" ..\.. t-"'::S
_....0
.----- @ .. O<tO
.' .........- '"
. ' .
. ~@ , ,.
~.@
. ~
.
,#,. .
.. €) .@ ~
.
,.
- @::@ .to. $f
.
,.. . .,.
.,..,,
~ ..... @1 @n
. t,-
@ @ %
."
. ~.I..t'
,. ,.'
...
.~S .
H.1nOS ,.
<( --@ .
- - ..
0::. ., ".' ( r:4""
a . "'1,,,1
W @'" ".. ~)
0.: r;r""'\ - .. ~
w ~,J -----~------
a >I!"" , '&". , ., 1!"@
,,,, ..
,. ,
..;J ... ' t:@ .:.
<( - \ :" ..
0::. \ S,. l:
0::. .,0'"
0
(.)
0
:I: :J,S
(.) .1~S
Z -
<( -
0::. t
z CD
\0- x
Q.. CD
. :E
~_. ci
..
C
0
.-
-
..'* ~v
- .;.,. --: <t
fi ~ ~~ :; CD
:' c ~~~~!'~
", ... "g
\ ~.. & :E
. , 1-; '3: 0..
, ~i,!
, ., ...~:.~
\ 0 "
, .. &
, .
. .J,. ~
~ .. ~ .
):rJM ~ ~ ((TI~ ;.." :) I ;I.:Pf~j. ~--
--- ;
------~ ,
------~.--
11.8.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION TO AUTHORIZE THE CIRCULATION OF THE DRAFT
STORM WATER MANAGEMENT PLAN AND TO SOLICIT COMMENTS
FROM THE PUBLIC
DATE: JUNE 24, 2003
RECOMMENDATION:
It is recommended the City Council:
A. authorize the circulation of the attached draft Storm Water Management Plan
(SWMP); and
B. direct staff to return to the City Council in approximately 60 days with a summary
of public comments and make any modifications deemed necessary or appropriate.
FUNDING:
The annual Phase II permit is $1,500 for the first year and $3,000 thereafter. Funding for
the permit will be appropriated when the plan is approved by Council for submission to the
Regional Water Quality Control Board. Costs to implement the measures have not yet
been determined. Costs and recommended funding sources will be determined during the
5-year period allowed for implementation.
DISCUSSION:
In 1972, the Federal Water Pollution Control Act, also referred to as the Clean Water Act
(CWA), was amended to provide that the discharge of pollutants to waters of the United
States from any point source is unlawful unless the discharge is in compliance with a
National Pollutant Discharge Elimination System (NPDES) permit. The 1987 amendments
to the CWA established a framework for regulating storm water discharges under the
NPDES Program.
In 1990, Phase I of the United States Environmental Protection Agency's (EPA) storm
water program was established under the CWA. Phase I relies on NPDES permit
coverage to address storm water runoff from:
. Industrial sites, including construction sites disturbing five (5) acres of land
or greater; and
. Municipal separate storm sewer systems (MS4s) generally serving
populations of 100,000 or greater.
-- -----....---
CONSIDERATION TO AUTHORIZE THE CIRCULATION OF THE DRAFT STORM
WATER MANAGEMENT PLAN AND TO SOLICIT COMMENTS FROM THE PUBLIC
CITY COUNCIL
JUNE 24, 2003
PAGE 2
On December 8, 1999, the EPA established the Storm Water Phase II Final Rule. The
Phase II program expanded the Phase I program by requiring NPDES permits for storm
water discharges from:
. Construction sites disturbing between one (1) and five (5) acres of land; and
. Small MS4s generally serving populations of 25,000 or greater.
Subsequent regulatory notices included the Cities of Arroyo Grande, Grover Beach, and
Pismo Beach as required to apply for NPDES permit coverage. The SWMP for each City
was a cooperative effort. Each agency will submit a separate SWMP, but will share
resources to implement the BMP's.
It is the intention of Phase II to further reduce adverse impacts to water quality and aquatic
habitat by instituting the use of controls on the unregulated sources of storm water
discharges that have the greatest likelihood of causing continued environmental
degradation. Storm water discharges from storm sewer systems in urbanized areas are
a concern because of the high concentration of pollutants found in these discharges.
Common pollutants include pesticides, fertilizers, oils, salt, litter and other debris, and
sediment. Another concern is the possible illicit connections of sanitary sewers, which can
result in fecal coliform bacteria entering the storm sewer system. Storm water runoff picks
up and transports these and other harmful pollutants and then discharges them -
untreated - to waterways via storm sewer systems. When left uncontrolled, these
discharges can result in fish kills, the destruction of spawning and wildlife habitats, a loss
in aesthetic value, contamination of drinking water supplies and recreational waterways
that can threaten public health, and contamination of the area's ocean and beaches.
The. Phase II Final Rule requires the Cities to develop, implement, and enforce a Storm
Water Management Program (SWMP) designed to reduce the discharge of pollutants from
their storm sewer system to the "maximum extent practicable," to protect water quality I and
to satisfy the appropriate water quality requirements of the CWA.
The SWMP must include how the Cities intend to address the following six minimum
control measures:
- Public Education and Outreach
- Public Participationllnvolvement
- Illicit Discharge Detection and Elimination
- Construction Site Runoff Control
- Post-Construction Runoff Control
- Pollution Prevention/Good Housekeeping
CONSIDERATION TO AUTHORIZE THE CIRCULATION OF THE DRAFT STORM
WATER MANAGEMENT PLAN AND TO SOLICIT COMMENTS FROM THE PUBLIC
CITY COUNCIL
JUNE 24, 2003
PAGE 3
The Cities will have up to five (5) years to implement these measures once the SWMP is
approved by RWQCB. The deadline to submit the SWMP to RWaCB is October 27, 2003.
The draft SWMP is attached. The SWMP describes how pollutants in storm water will be
controlled and also describes specific Best Management Practices (BMPs) that address
the six required minimum control measures. Each BMP is accompanied by measurable
goals to be achieved during the permit term, as a means of determining program
compliance and accomplishments, and as an indicator of program effectiveness.
A public comment opportunity is not required by the NPDES process. However, the
Council may provide for public comment as long as comments are submitted by 5:00 p.m.
on August 8, 2003. The Final Draft SWMP would then be presented to the City Council
on September 9,2003 and submitted to RWQCB on or before October 27,2003.
The Draft SWMP will be distributed to the South County Regional Library, Arroyo Grande
Chamber of Commerce, the Home Builders Association of the Central Coast,
Administrative Services and Public Works Departments, and its availability for review will
be posted on the City's website.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendations;
. Do not approve staffs recommendations;
. Modify as appropriate and approve staffs recommendations; or
. Provide direction to staff.
Attachment:
1. Draft Storm Water Management Plan
~ .-_.~ -------- -...- -.--..... --
Attachment 1
~~--_._~.._~._-_._----_..._-.--"-.".. -.-
City of Arroyo Grande
Storm Water Management Plan
NPDES Phase II Program
,),,, CITY OF
~:;iiz- .
"'.. .....
.>;'-,,-'"
/>'t\,:'"~..\
.\"
Public Works Department
June 2003
.-.-.....--.------..-.. ---
SECTION 1: INTRODUCTION
Pollution from storm water runoff has a major impact on waterways in San Luis Obispo County and
our local communities. Storm water runoff transports pollutants from residences, streets, parking
lots, and other sources to creeks, rivers, and estuaries. Activities such as land clearing, excavation
and filling, use of fertilizers, pesticides and herbicides, illegal dumping, and even improper disposal
of pet waste can generate storm water pollution. Water quality concerns that result from storm
water pollution include suspended sediment, pathogens, nitrates, chlorides, sodium,
polychlorinated biphenyls (PCBs), and low dissolved oxygen levels. Storm water pollutants can
inhibit the "beneficial uses" of a waterway that range from human contact and recreational uses to
uses for commercial fisheries, drinking water, and habitat for animals and plants.
Until recently, storm water runoff in areas with a population of less than 100,000 people was not
regulated. Although many existing storm water runoff controls have been in place, there has not
been an integrated and comprehensive approach to preventing pollution from storm water runoff in
these areas.
Regulatory Requirements
In 1972, the Federal Water Pollution Control Act, which established the NPDES program was
adopted. The NPDES program regulates the discharge of waste waters from point sources to
surface waters. The Federal Water Pollution Control Act was amended in 1977 and became known
as the Clean Water Act (CWA). In 1987 the CWA was again amended to add section 402,.which
established a framework for regulating discharges from municipal separate storm water systems
(MS4s) as a special category of point source under the NPDES Program.
Enacted in 1990, Phase I of the Storm Water Rule applied to municipal separate storm sewer
systems (MS4s) with a service population greater than 100,000, to construction projects affecting
five acres or more, and to certain industrial activities. Phase \I of the Storm Water Rule is generally
applicable to MS4s serving an urban population greater than 10,000 and construction activities
affecting 1 acre or more.
Underthe Storm Water Phase II Rule small MS4s that meet specific criteria must obtain a National
Pollutant Discharge Elimination System (NPDES) permit for storm water discharges. NPDES storm
water permits will be issued by the State Water Resources Control Board (SWRCB) and must be
renewed every five years. The first five-year permit term will begin on October 27, 2003, at which
time the small MS4's on this co-permit application are required to file a Notice of Intent (NOI) to
comply with the State's General Permit. To comply with the State's General Permit, the small MS4
operator (in this case, the Cities) must implement a Storm Water Management Plan (SWMP) that
reduces the discharge of pollutants to the "maximum extent practicable", that protects water quality,
and that satisfies the requirements of the Clean Water Act. The Cities must submit a NOI, a permit
fee, and their SWMP on or before the State's General Permit deadline.
1
u___________.__ ~--_._-....~--~-~ ------ -_.---------
Scope of the Storm Water Management Plan
In order to meet the requirements of the Storm Water Phase II Rule, the Cities of Grover Beach,
Arroyo Grande, and Pismo Beach have formed an informal partnership to address local storm
water quality issues. The Cities also coordinate with the San Luis Obispo County Partnership for
Water Quality, which includes numerous cities, and the County of San Luis Obispo.
This Storm Water Management Plan (SWMP) was created to serve as a guide for developing and
implementing the NPDES Phase II requirements for storm water discharges. This document
describes how pollutants in storm water will be controlled and also describes recommended Best
Management Practices (BMPs) that address the six required minimum control measures in a small
MS4. Each BMP is accompanied by measurable goals to be achieved during the permit term, as a
means of determining program compliance and accomplishments, and as an indicator of program
effectiveness.
A "Small Municipal Separate Storm Sewer System or Small MS4" is a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man made channels, or storm drains) that are:
1. Owned or operated by the United States, a State, city, town, borough, country,
parish, district, association, or other public body (created by or pursuant to State
law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or
other wastes, including special districts under State law as a sewer district, flood
control district, drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or designated and approved management agency under
section 208 of the CWA that discharges to waters of the United States.
2. Not defined as "large" or "medium" municipal separate storm sewer system.
3. Small MS4s including systems similar to separate storm sewer systems in
municipalities, such as systems at military bases, large hospital or prison
complexes, and highways and other thoroughfares, but do not include separate
storm sewers in very discrete areas, such as individual buildings.
This program includes specific BMPs for the six minimum control measures and defines
measurable goals for each control measure. Best Management Practices for storm water
management are defined as schedules of activities, prohibition of practices, maintenance
procedures, the use of pollution control devices and other management practices used to prevent
or reduce the amount of pollution introduced to receiving bodies from storm water runoff.
Recommended BMPs for each of the six minimum control measures are provided in Section 2
through 7 of this plan.
The "Maximum Extent Practicable" (MEP) standard requires the development and implementation
of BMPs and the achievement of measurable goals to satisfy the six minimum control measures.
Determining whether a BMP protects water quality to the maximum extent practicable is subjective.
MEP is generally a result of emphasizing pollution prevention. Source control BMPs are the first
2
~-_..- ---'-'-'-'-""-"~"'-"----'- ,--..-."
line of defense and may be used in combination with treatment methods where appropriate as
additional lines of defense. The MEP approach is an evolving, flexible and advancing concept,
which considers technical and economic feasibility. As knowledge about controlling urban runoff
continues to evolve, so does that which constitutes MEP. The individual and collective activities
described in this Storm Water Management Plan (SWMP) are the recommendations for reducing or
eliminating pollutants in storm water to the MEP. The MEP may vary between Cities involved in
this co-permit, depending upon the water quality issues identified in the City.
The "Measurable Goals" should reflect the specific needs and characteristics of the city according
to the EPA guidelines. Measurable goals for each city on this co-permit may vary depending upon
the individual characteristics and needs of that city. According to the program guidelines, the
measurable goals do not necessarily have to be quantitative, but should be attainable and
controllable. Measurable goals shall include at a minimum, a description of the action that will be
taken to implement each BMP, what is anticipated to be achieved by each goal, and the frequency
and dates for which such actions will be taken.
Inspections and monitoring are both important to a storm water program. Visual inspections and
monitoring of storm water runoff and infrastructure (e.g. drop inlets, basins, and gutters), can
determine the effectiveness of a storm water program. Through visual inspections and monitoring,
non-storm water discharges can be discovered and subsequently eliminated, maintenance needs
can be identified, and visual pollutants and erosion problems can be detected. Inspection of
facilities is also important to ensure proper BMP implementation and maintenance at businesses
and municipal sites, and to detect non-storm water discharges. Monitoring can also be conducted
to involve the public through citizen monitoring groups, to identify and target pollutants of conc~rn,
and to illustrate water quality improvements and permit compliance.
The Cities will determine whether the MEP is being achieved through annual review and reporting
of storm water management activities. On construction sites, the Cities will determine the MEP on
a case-by-case basis. To determine the MEP for a specific site, the Cities will consider the
proximity of the site to local waterways and the state of the waterways, among other factors, for the
proposed activities.
Area of Permit Coverage
One of the first steps in developing the SWMP was to determine the storm water areas to be
managed. Small MS4's have been encouraged to propose their own boundaries and maps, which
are included in this document (See Attachment A). All urbanized areas within the boundaries of the
Cities on this co-permit application shall be included as part of this SWMP. Agricultural lands within
the boundaries of this co-permit application will not be addressed under the general permit for
Small MS4's.
Storm Water Phase" Program Goals and Objectives
As declared by the EPA, the goal ofthe Storm Water Management Program is: (1) to protect the
water quality of the Nation's waterways by reducing the quantity of pollutants that storm water picks
3
.
up and carries into storm sewer systems and natural drainage ways (e.g. creeks, lakes, estuaries,
and the ocean) during storm events to the "maximum extent practicable," and (2) to satisfy the
requirements of the Clean Water Act.
To meet these goals the Phase II Program requires a "Small MS4" to develop, implement, and
enforce a Storm Water Management Plan (SWMP) that includes six minimum control measures:
1. Public Education and Outreach
2. Public Participation and Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post-Construction Runoff Control
6. Pollution Prevention and Good Housekeeping for Municipal Operations
Funding
Funding for this program is part of the overall Storm Water Management Plan and has been
identified in each of the target date for activities section of the plan. Potential sources for funding
that will be investigated include: State and Federal grants, establishing a separate storm water
utility, and other potential funding sources that are being developed statewide
4
_.~.._~-
SECTION 2: PUBLIC EDUCATION AND OUTREACH
This control measure is intended to ensure greater public support and compliance for the
storm water management plan. Specifically, these efforts are directed to teach the public
the importance of protecting storm water quality, both for the benefit of the environment
and human health. The role of each community member, both at home and work, is a
major emptJasis of this minimum control measure.
Objectives and Requirements
~ Understand the public perceptions and attitudes towards the problem of urban
runoff; and
~ Raise public awareness about urban runoff pollution and its impacts on the
community's water resources; and
~ Educate the community about specific pollutant sources and what individuals can do
to reduce urban runoff pollution; and
~ Foster participation through community-based projects or vo.lunteer activities
focused on pollution prevention.
To meet these objectives, the requirements of the Public Education and Outreach component of
the Storm Water Program are to:
~ Implement a public education program which distributes education materials and
conducts outreach activities aimed at informing the public about the impacts of
storm water discharges on local water bodies, and receiving waters; and
~ Implement appropriate BMPs and develop achievable and measurable goals in
order to assess the success of the public education and outreach program.
Minimum Control Measures for Public Education and Outreach Program
BMP 2.1: Provide a wide variety of educational information on non-point source pollution and
urban storm water management including informational brochures, posters, and fact
sheets.
Justification: There are many different opportunities to educate the public regarding the impacts
of storm water discharges to local waterways. Educating the public on storm water
and water quality practices will help promote better public awareness within the
communities.
Measurable Goals: Document the number of outreaches to community groups (brochures,
posters, fact sheets, web site, etc.); Document the number of Business /
Homeowner / Contractors information developed; Document the number distributed
in water utility bills.
5
-~'_,_." '-'.---~._..' ....~._--_.- -~....-
---_.~
BMP 2.2: Provide opportunities for the proper disposal of trash and hazardous waste.
Justification: Making proper disposal of household hazardous waste and trash easier by
providing more accessible disposal locations (community hazardous waste /
recycling days). Providing more trash receptacles in public areas makes disposal of
trash easier.
Measurable Goals: Number of new trash receptacles installed in the City; Number of household
clean-up days provided.
BMP 2.3: Storm water education programs / workshops for various audiences such as:
General Public, Schools, Industry-specific workshops / presentations, and other
interested groups.
Justification: A presentation forum on water resources within the community could highlight the
potential problems associated with non-point source pollution, and the ways that
individual actions affect urban runoff quality.
Measurable Goals: Number of educational workshops for the general public, schools, businesses,
and contractors; Number of volunteer educators trained.
BMP 2.4: Form a partnership with local communities and other interested groups to ensure full
coverage of public education and outreach.
Justification: Seek organizations that are willing to team up and provide the greatest possible
coverage of the area by providing education and outreach material to the public.
Each agency should target a certain population, understanding there would be
information relevant beyond jurisdictional boundaries, with the overall goal of
reaching 100% of the market audience.
Measurable Goals: Number of formal partnership/agreements reached with other organizations;
Number of educational materials produced.
6
Target Date for Activities:
Year 1 Brochures, posters and fact sheets developed and distributed in City utility
2003-2004 bills; Partnership with other local communities.
Year 2 Business I Contractors I Homeowners information developed; Storm Water
2004-2005 Hotline created.
Year 3 Citations issued to restaurants and other businesses for dumping grease and
2005-2006 other pollutants down storm sewer inlets; A web site created.
Year 4 Volunteer educators trained; Educational curricula developed; School
2006-2007 presentations made.
YearS Creek Care Guide developed; Develop funding sources.
2007-2008
Annual Brochures, posters and fact sheets updated; Educational workshops for
homeowners, businesses, and contractors; Volunteer educators trained;
Community recycling days; Placement of additional trash receptacles.
Existing Ordinances I Policies I Programs I BMPs:
~ A curbside recycling program is provided where any residential or
commercial customer will be provided with a basket or other suitable
container for the purpose of recycling glass, aluminum, newspaper, motor oil
and other recyclable materials.
~ Informational handouts provided on what materials are recyclable,
developed by the San Luis Obispo County Integrated Waste Management
Authority.
~ Inspections of restaurant grease traps and citations issued to businesses
dumping grease or other pollutants in storm sewer inlets.
~ Dog mess bags (mut-mits) are provided for public use at public parks and
walking trails. City crews also perform daily clean-up of dog mess at City
parks.
7
SECTION 3: PUBLIC PARTICIPATION AND INVOLVEMENT
This control measure is intended to foster active community support for the storm water
management program and recommendations for its implementation. Participation by the public
ensures that the program reflects community values and priorities and thus has the highest
potential for success.
Objectives and Requirements
~ Raise public awareness about urban runoff pollution; and
~ Involve the public in developing and implementing the Storm Water Management
Plan in order to promote public interest and support.
To meet these objectives, the requirements of the Public Participation and Involvement component
of the Storm Water Program are to:
~ Comply with all State, and local public notice requirements; and
~ I nvolve the public in the continuing development and refinement of the Storm Water
Management Plan; and
~ Allow the public to review the permit and the Storm Water Management Plan; and
~ Include a procedure to receive and respond to comments from the public regarding
the Storm Water Management Plan; and
~ Implement appropriate BMPs and develop achievable and measurable goals in
order to assess the success of the public participation and involvement program.
)
Minimum Control Measures for Public Participation and Involvement Program
BMP 3.1: Develop a formal mechanism to solicit public participation / input on the City's Storm
Water Plan.
Justification: Involving the public early in development of the Storm Water Management Plan
should increase support for the program and provide additional input and
suggestions to help shape the program.
Measurable Goals: Document the number of citizen surveys distributed through the City utility bill
and responses received.
BMP 3.2: Provide opportunities for public participation and involvement in the Storm Water
Management Plan and conduct activities to protect urban water quality.
Justification: By involving members of the community, the storm water program can be sustained
and implemented by others than just the City's efforts. To draw upon the input and
experience of as many interested people as possible to help achieve the goal of
improved water quality.
8
Measurable Goals: Document the number of storm sewer inlets stenciled; Document the number
of public outreaches.
BMP 3.3: Establish a Steering Committee
Justification: By involving members ofthe community, the Storm Water Management Plan can be
sustained and implemented by others than .iust the City's efforts. By providing
opportunities for community members to discuss areas of concern, information can
be relayed to the appropriate City Staff members.
Measurable Goal: A committee will be established for the permit area within one year of the
programs conception.
Target Date for Activities:
Year 1 Volunteer organizations begin storm sewer inlet stenciling; Establish a steering
2003-2004 committee, Citizen survey developed and distributed in Utility Bill.
Year 2 I Review of annual survey results. I
2004-2005
Year 3 Citizens participating in creek clean-up days (Grover Beach, Arroyo Grande).
2005-2006
Year 4 Adopt-A-Creek groups established (Grover Beach, Arroyo Grande).
2006-2007
YearS Involve the media in educating the public; Develop funding sources.
2007-2008
Annual Citizen survey distributed and received; Storm sewer inlets stenciled; Creek
walks conducted.
Existing Ordinances I Policies I Programs I BMPs:
~ Conduct creek clean-up days and participate in Adopt-A-Creek program.
~ Storm sewer inlet stenciling.
9
-----_.....~ -_....__.-..._----...,,~--
SECTION 4: ILLICIT DISCHARGE DETECTION AND ELIMINATION
This control measure of the Storm Water Management Plan is intended to reduce pollutants in
storm water runoff to receiving waters. It requires the development and implementation of a
system to identify and eliminate sources of illicit discharges and illegal dumping. The program
depends on a number of partners including the public and other local agencies.
An illicit discharge is defined as. any discharge to the municipal storm sewer system that is not
composed entirely of storm water, except for discharges authorized by an NPDES permit. Illicit
discharges may enter the storm sewer system through either (1) direct connections (accidental or
deliberate connections to storm sewers), or (2) indirect connections (Le. filtering into storm sewers
from cracked wastewater pipes. spills draining into storm sewer inlets, or waste waters or materials
deliberately dumped into storm sewers). Discharge sources must be controlled and illegal behavior
prevented.
Objectives and Requirements
~ Control illicit discharges by conducting field surveys I investigations of the storm
sewer system to identify and eliminate improper connections and discharges; and
~ Prevent improper disposal of waste through public education and providing
appropriate waste material disposal options and incentives; and
~ Contain and clean-up accidental spills using proper clean-up and disposal materials
and methods.
To meet these objectives, the requirements of the Illicit Discharge Detection and Elimination
component of the Storm Water Program are to:
~ Develop a storm sewer map that shows the location of all outfalls and the names
and locations of all waters that receive discharges from the outfalls; and
~ Develop enforceable means to prohibit non-storm water discharges (Le. an
ordinance or other regulatory mechanism); and
~ Develop a City-wide plan to detect and address non-storm water discharges; and
~ Educate the general public, businesses, and public employees about the hazards
(and legal consequences) of illicit discharges.
The following table of discharges may be exempted from regulations unless they are determined to
be a significant source of pollution or a nuisance.
Table 4.1 :
I water line flushing II irrigation water I
I landscape irrigation II springs I
..
10
--
diverted stream flows II water from crawl space pumps
rising ground waters II footing drains
potable water discharges . II lawn watering
foundation drains II street wash water
uncontaminated pumped ground water II air conditioning condensation
flows from riparian habitats and wetlands I individual residential car washing
dechlorinated swimming pool discharges I emergency fire fighting discharges
Discharges or flows from fire fighting activities are excluded from the effective. prohibition against
non-storm water and need only be addressed where they are identified as significant sources of
pollutants.
Minimum Control Measures for Illicit Discharge Detection and Elimination Program
BMP 4.1: Prepare a Storm Sewer System Map
Justification: A storm sewer system map will help the City to identify outfalls with dry weather
flows and other suspicious discharges that need monitoring or investigation. It is
also essential for maintenance and long-term planning of the storm sewer system.
Measurable Goal: Completion of the Storm Sewer System~ Map.
BMP 4.2: Conduct field surveys / pipe inspections to identify illicit discharges.
Justification: Poor infrastructure conditions in older sections of the City or outdated building
codes may have resulted in the direct connection of waste water pipes, which
should be removed or rerouted. Other connections may have been established
illegally that are leaking targeted pollutants into the storm sewer system.
Measurable Goal: Document the number of illicit connections identified; illicit discharge
connection locations prioritized for removal; Document the number of illicit
connections eliminated.
BMP 4.3: Develop an ordinance prohibiting illicit discharges, with appropriate enforcement
provisions.
Justification: The requirements for non-storm water discharges are changing. An ordinance that
11
- -.-.- -----
provides a broader description of what is an allowable discharge and what is an illicit
discharge and sites appropriate sanctions for violators is required. It is another tool
that the City needs to have in order to reduce pollutant levels in local waterways.
Measurable Goal: Ordinance established; Number of violations enforced; Number of informational
flyers developed and distributed; Number of City employees trained; Number of
citizen complaints received.
Target Date for Activities:
Year 1 Storm Sewer System Map 25% completed; Initial investigation of Illicit
2003-2004 Discharge locations, Training for City employees.
Year 2 Storm Sewer System Map 25% completed; Training for City employees
2004-2005 completed; Informational flyers developed and distributed; 10% of Storm
Sewer System inspected for sources of illicit discharges.
Year 3 Storm Sewer System Map 25% completed; Enforcement provisions in place;
2006-2007 10% of storm sewer system inspected for sources of illicit discharges;
Ordinance developed and in place.
Year 4 Storm Sewer System Map 25% completed; 10% of storm sewer system
2007-2008 inspected for sources of illicit discharges.
Year 5 10% of storm sewer system inspected for sources of illicit discharges;
2008-2009 Citations issued for abatement of illicit connections; Citizen complaints
received; Investigation locations prioritized; Develop funding sources.
0 Inspection of Storm Sewer System; Inspections for illicit discharge
connections.
Existing Ordinances I Policies I Programs I BMPs:
. City participates with Integrated Waste Management Board (SLO) and the
Emergency Service Department for Hazardous Materials I Spill Response.
SECTION 5: CONSTRUCTION SITE RUNOFF CONTROLS
This control measure of the Storm Water Management Plan is intended to prevent soil and
construction waste from entering storm water. Sediment is usually the main pollutant of concern;
during a short period of time, construction sites can contribute more sediment to creeks than can
12
--_.~_.- --
be deposited naturally over several decades. The resulting siltation, and contribution of other
pollutants from construction sites can cause physical, biological, and chemical harm to local
waterways.
Objectives and Requirements
~ Develop, implement, and enforce a program to. reduce the amount of pollutants in
storm water runoff from construction activities that result in land disturbance of one
acre or more.
To meet this objective, the requirements of the Construction Site Runoff Control component of the
Storm Water Program are to:
~ Develop an ordinance or other regulatory mechanism, requiring the implementation
of proper erosion and sediment controls on construction sites, and penalties for non-
compliance; and
~ Require construction site operators to implement appropriate and effective erosion
and sediment control BMPs to reduce or eliminate storm water pollution; and
~ Require construction site operators to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste at the
construction site the may cause adverse impacts to water quality; and
~ Develop procedures for site plan review of construction plans to address water
quality.impacts; and
~ Develop procedures for site inspections and enforcement of control measures; and
~ Establish procedures for receiving information I concerns about construction site
practi~s from the public.
Minimum Control Measures for Construction Site Runoff Program
BMP 5.1: Develop an ordinance specifically addressing construction site erosion and
sediment control with appropriate penalties for non-compliance and BMPs to
implement.
Justification: An ordinance provides more specific guidelines regarding implementation and
enforcement of erosion control measures.
Measurable Goals: Revised grading ordinance established; Number of enforcement actions
taken; Number of Contractors and Developers informed; Number of informational
materials . created and distributed; Number of approved BMPs in place;
BMP 5.2: Develop procedures to ensure adequate review of site plans to address erosion and
sediment control on all construction sites.
Justification: Planning for erosion and sediment control on small construction sites is an
13
_._------ _.,--~---
important activity, best done before construct!on actually starts. The change from
previously requiring approval of Erosion and Sediment Control plans (ESC) for sites
greater than five acres to requiring them for sites greater than one acre should
significantly reduce the erosion and sedimentation from construction sites.
Measurable Goals: Number of Public Works Inspectors trained; Number of reviews completed;
Number of site inspections completed.
BMP 5.3: Develop procedures for the public to inform the City about construction site runoff
problems and for the City to report back on actions taken.
Justification: This information will supplement the City's effort to identify and respond to incidents
of soil erosion from construction sites. It will also be another way for the public to
become involved in the overall program to reduce pollution in local waterways.
Measurable Goals: Procedures for information to be submitted by the public completed; Number
of complaints received; Number of violations sited; Number of corrections certified.
Target Date for Activities:
Year 1 Revise Grading Ordinance 25% completed; City Inspectors trained;
2003-2004 Procedures for site inspection implemented.
Year 2 Revise Grading Ordinance 25% completed; Contractors informed of training
2004-2005 opportunities; Procedures for information submitted by the public in place.
Year 3 Revise Grading Ordinance 25% completed; Contractors cited for non-
2005-2006 compliance.
Year 4 Revise Grading Ordinance 25% completed; Contractors cited for non-
2006-2007 compliance.
Year 5 Grading Ordinance revisions in place; Approved BMPs in place; Develop
2007-2008 funding sources.
Annual Complaints received from public; Site inspections; Contractors informed of
training opportunities; Revised informational materials available.
Existing Ordinances I Policies I Programs I BMPs:
~ Grading Ordinance.
~ The Public Works Department reviews discretionary projects submitted for
14
--- ---~_..,._--
impacts to water quality and hydrology. If a project is considered to have a
potentially significant impact to either, the project proponent is required to
mitigate impacts to the greatest extent feasible.
SECTION 6: POST -CONSTRUCTION RUNOFF CONTROLS
This control measure of the Storm Water Management Plan focuses on site and design
considerations, which are most effective when addressed in the planning and design stages of
project development. Effective long-term management and maintenance are critical, so the best
design opportunities are those with minimum maintenance needs. The goal of this control measure
is to integrate basic and practical storm water management techniques into new development to
protect water quality.
Objectives and Requirements
~ Reduce the long term potential for discharge of pollutants into urban runoff from
new development and redevelopment.
To meet this objective, the requirements of the Post-Construction Runoff Control component of the
Storm Water Program are to:
~ Develop an ordinance, or other regulatory framework, requiring the implementation
of post-construction runoff controls; and
~ Develop appropriate structural and non-structural BMP strategies to address post-
construction runoff; and
~ Ensure adequate long-term operation and maintenance of control measures; and
~ Determine appropriate BMPs and measurable goals to meet these requirements.
Minimum Control Measures for Post-Construction Runoff Program
BMP 6.1: Develop an ordinance specifically addressing post-construction and redevelopment
site runoff controls.
Justification: Ordinances are an effective way to establish performance standards for runoff
controls. Urban runoff controls address urban runoff quantity and quality in an effort I
to eliminate potential pollutant sources from development projects. Owners and I
devel()pers should be required to provide facilities that minimize the opportunities for
pollutants to reach local water bodies.
Measurable Goals: New ordinances I codes established; Number of enforcement actions;
Number of citizen complaints about erosion from new developments.
BMP 6.2: Develop non-structural BMPs to ensure adequate post-construction site runoff
controls are implemented and maintained.
15
-----,".-...--.,-
Justification: There are many opportunities to establish effective controls for post-construction
site runoff without requiring some additional structures to be built. Proper planning
and design of a building site can include features that reduce the amount of runoff
after construction is completed.
Measurable Goals: Number of projects with approved non'-structural BMPs in place; Number of
informational materials created and distributed.
BMP 6.3: Develop structural BMPs to ensure adequate post-construction site runoff controls
are implemented and maintained.
Justification: There are many opportunities to establish effective controls for post-construction
site runoff. By requiring innovative storage, infiltration or vegetative practices to be
included in the design of a building site, significant reductions in runoff after
construction can be achieved, sometimes reduced to a level less than pre-
development flows.
Measurable Goals: Number of projects with structural BMPs in place; Number of informational
materials created and distributed.
Target Date for Activities:
Year 1 Informational materials for post-construction runoff control developed and
2003-2004 distributed; Ordinance developed 33% completed.
Year 2 City staff members trained; Ordinance developed 33% completed.
2004-2005
Year 3 Non-structural BMPs implemented with new development and redevelopment
2005-2006 projects; Ordinance developed 33% completed and in place.
Year 4 I Citations issued for non-compliance. I
2006-2007
. Year 5 Structural BMPs implemented with new development and redevelopment
2007-2008 projects; Develop funding sources.
6 Citizen complaints received; Informational material revised.
16
----_.,..~--
SECTION 7: POLLUTION PREVENTION I GOOD HOUSEKEEPING FOR MUNICIPAL
OPERATIONS
This control measure of the Storm Water Management Plan is intended to assure that the City's
delivery of public services occur in a manor protective of storm water quality.
Objectives and Requirements
~ Reduce the amount and type of pollutants that are discharged from streets, parking
lots, material storage areas and vehicle maintenance yards into the storm sewer
system.
To meet this objective, the requirements of the Pollution Prevention I Good Housekeeping for
Municipal Operations component of the Storm Water Program are to:
~ Develop and implement an operation and maintenance program for the City to
prevent or reduce polluted runoff from municipal operations; and
~ Provide employee training on how to incorporate pollution prevention and good
housekeeping into all municipal operations such as park and open space
maintenance, fleet and building maintenance, roads maintenance and storm drain
maintenance; and
~ Determine the appropriate BMPs and measurable goals to meet these
requirements.
Minimum Control Measures for Pollution Prevention / Good Housekeeping for
Municipal Operations Program
BMP 7.1: Develop a Municipal. Operations BMP Manual for City facilities covering the
following activities (Phase I):
a. Vehicle/equipment cleaning
b. Vehicle maintenance
c. Veh~~/equ~mentparkmg
d. Outdoor materials storage
e. Waste handling/storage
f. Maintenance of paved/unpaved surfaces
g. Storm water runoff/drainage
Justification: The City should be a leader in implementing BMPs to ensure that the Corporate
Yard and other City facilities comply with NPDES Phase \I regulations which require
the owner or operator to develop and implement a cost-effective operation and
maintenance program with the ultimate goal of preventing and reducing pollutant
runoff from municipal operations.
Measurable Goal: Municipal Operations Plan for Corporate Yard developed.
17
---_._-
BMP 7.2: Develop a Municipal Operations Program with the following categories (Phase /I):
a. Street sweeping and cleaning.
b. Sidewalk, plazas, parking lots.
c. Municipal landscaped areas (parks, medians, landscaping)
d. Storm sewer inlet/pipe cleaning
e. Municipal detention and retention basins
f. Repair/maintenance of hardscaped areas (streets, alleys, sidewalks)
Justification: The City should develop guidelines for implementing control measures for all types
of City-owned and maintained public facilities in order to reduce polluted runoff to
local water bodies.
Measurable Goals: Municipal Operations Program developed; Number of maintenance BMPs
developed; Number and frequency of street sweeping activities; Amount of trash
collected; Amount of green waste collected; Length of pipes cleaned; Number of
inlets cleaned; Amount of automotive/equipment fluids recycled.
BMP 7.3: Develop a NPDES Phase /I Storm Sewer Master Plan.
Justification: As part of a long-term strategy to address urban,runoff, a system master plan will
target improvements and upgrades needed and provide an opportunity to try out
new technologies as they are developed.
Measurable Goal: Storm Sewer Master Plan developed.
BMP 7.4: Provide training for City Staff.
Justification: Training is necessary for City staff to adequately and appropriately carry out the
policies and procedures defined in the Municipal Operations BMP Manual.
Measurable Goals: Number of employee training materials gathered or developed; Number of
Employees trained.
Target Date for Activities:
. Year 1 Employee training materials developed; Contractor training materials
2003-2004 developed.
Year 2 Employees trained; Categories of Municipal Operations Program developed
2004-2005 (Phase I); Contractors informed of training opportunities
18
Year 3 Categories of Municipal Operations Program developed (Phase II).
2005-2006
Year 4 Municipal Operations Program for Corporate Yard completed; Maintenance
2006-2007 BMPs developed; Number and frequency of street sweeping activities; Trash
collected; Green waste collected; Pipes cleaned; Inlets cleaned; Automotive
equipment I fluids recycled.
YearS Storm Sewer Master Plan developed and in place; Develop funding sources.
2007-2008
Annual Develop Storm Sewer Master Plan; Employee training; BMP activities
ongoing, Street sweeping.
Existing Ordinances I Policies I Programs I BMPs:
~ Street sweeping activities.
~ Public parking lot sweeping.
~ Catch basin clean-up prior to and during rain events.
19
SECTION 8: MONITORING AND REPORTING
Monitoring and Reporting Requirements
The purpose of monitoring and reporting is to document successful implementation of the SWMP.
The draft general permit requires annual reports to be submitted starting in August 2004. The City
intends these annual reports to cover the fiscal year immediately prior to the reporting period.
The City will monitor the implementation of its programs and the overall effectiveness by measuring
and reporting the data discussed in the individual Minimum Control Measure sections discussed
above.
The City will regularly evaluate both current conditions and BMP effectiveness, and as appropriate
update BMPs and measurable goals to achieve the objective of meeting water quality standards to
the Maximum Extent Practicable. If after implementing the minimum control measures there is still
a water quality impairment associated with discharges from the City's MS4, it may be necessary to
expand or better tailor existing BMPs.
Form and Content of Annual Report
Guidance had not yet been provided as to the specific form and content of the annual report.
Because the City is required to keep records for five years and due to the intent of the reporting
requirements, the annual report will focus on a summary of progress and discuss any changes to
the SWMP to be implemented in meeting the Maximum Extent Practicable standard. The focus will
be to clearly show progress, to discuss program adjustments, and respond to challenges in
implementing the SWMP.
Reporting
Data compiled for each measurable goal will be compiled and reviewed. Significant variance from
target dates will be assessed and discussed in annual reports to the RWQCB. Feedback from
staff, permittees, developers, stakeholders, etc. will be used to modify BMPs or measurable goals,
as appropriate; the basis for any changes will be included in the following annual report.
Pursuant to the "General Permit, " the City will retain storm water records for five years. Each
department responsible for implementing substantial elements of the SWMP will be instructed to
keep their records for five years. These records will be the source of compiled data contained in
the annual report.
(
t
C:\Desktop\My Briefcase\Murry\NPDES\Phase II (SWMP)
20
---~..
(J.)
"'0
C
ro
~
<.9
g,
0
~
~
<(
I
w
Q
i 4
~
T"
"
0
~ T"
=
II(
~
0
0
~
r.n
Z It)
0
~
.
-- -