Agenda Packet 2003-10-14
CITY COUNCIL Cit~ of
AGENDA Arroto Gratule
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
October 14. 2003
6:30 P.M.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957:
Title: City Manager
4. RECONVENE TO OPEN SESSION:
Announcement of reportable action from closed session, if any.
5. ADJOURNMENT.
c:closedsession.agenda.101403.
CITY COUNCIL Cttt of
AGENDA Arroto Gratule
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
AGENDA SUMMARY
CITY COUNCIL
TUESDAY, OCTOBER 14, 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: CUB SCOUT, WEBELOS DEN #8, PACK 425
4. INVOCATION: PASTOR PAUL BAUTTS, BETHEL BAPTIST
CHURCH, GROVER BEACH
5. SPECIAL PRESENTATIONS:
5.a. Mayor's Commendation Recoanizina Marie Cattoir
6. AGENDA REVIEW:
6a. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
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AGENDA SUMMARY - OCTOBER 14, 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.
8.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listing of cash disbursements for the period
September 1, 2003 through September 30, 2003.
8.b. Statement of Investment Deoosits (SNODGRASS)
Recommended Action: Receive and file the report of current investment deposits
as of September 30, 2003.
8.c. Consideration of Aooroval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special and Regular City
Council Meetings of September 23,2003 as submitted.
8.d. Consideration of Award of Bid - Terra De Oro Park Plavaround Eauioment
(HERNANDEZ)
Recommended Action: Award the project to Miracle Recreation Equipment Co. in
the amount of $31,837.41.
8.e. Consideration of Lease Aareement for Car Corral Public Parkina Area (ADAMS)
Recommended Action: Authorize the Mayor to sign the Lease Agreement on behalf
of the City.
AGENDA SUMMARY - OCTOBER 14, 2003
PAGE 3
8. CONSENT AGENDA: (continued)
8.f. Consideration of Approval of Aareement for Contractor Services Reaardina
Tow Services (TerBORCH)
Recommended Action: Approve the Agreement for Contractor Services regarding
tow services with College Towing South, for two (2) years, beginning October 27,
2003 through October 26, 2005.
8.g. Consideration of Disposal of Surplus Bicycles (TerBORCH)
Recommended Action: Adopt Resolution declaring the listed bicycles as surplus
for donation to the San Luis Obispo County Sheriff's Office to be refurbished and
donated to needy children.
8.h. Consideration of Acceptance of the Sprina 2003 Slurry Seal Project. PW 2003-
04 (SPAGNOLO)
Recommended Action: 1) Accept the project improvements as constructed by
Intermountain Slurry Seal Inc., in accordance with the plans and specifications for
the Spring 2003 Slurry Seal Project; 2) Direct staff to file a Notice of Completion;
and, 3) Authorize release of retention of $15,773.34, thirty-five (35) days after the
Notice of Completion has been recorded, if no liens have been filed.
8.i. Consideration of a Resolution Adoptina the Updated City of Arroyo Grande
Public Works Standard Plans (SPAGNOLO)
Recommended Action: Adopt Resolution updating the City of Arroyo Grande Public
Works Standard Plans.
9. PUBLIC HEARINGS:
9.a. Consideration of Planned Development Revision for Wal-Mart Loadina and
Trash Enclosure Modifications (STRONG)
Recommended Action: Approve Architectural Review Case No. 03-0101 Staff
Project Case No. 03-019 for a Planned Development revision for Wal-Mart loading
and trash enclosure modifications located at 1168 West Branch Street.
9.b. Consideration of Proposed Ordinance for Traffic Way and Station Way Areas
Amendina the Zonina Map and Arroyo Grande Municipal Code. includina
Traffic Way Mixed Use District and Revisina Desian Guidelines and Standards
for Desian Overlay District D-2.11 (STRONG)
Recommended Action: 1) Open the public hearing on the Architectural Review
Committee and Planning Commission recommendations for Development Code
Case No. 03-006; 2) Introduce an Ordinance amending portions of Title 16 of the
Arroyo Grande Municipal Code (Development Code Amendment 03-006), rezoning a
portion of the Highway Commercial, General Commercial and Village Mixed Use
Districts to Traffic Way Mixed Use; and 3) Continue the public hearing on the Design
Guidelines and Standards for Design Overlay District 0-2.11 to the December 9,
2003 Regular City Council meeting.
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AGENDA SUMMARY - OCTOBER 14, 2003
PAGE 4
9. PUBLIC HEARING ITEMS (continued}:
9.c. Consideration of Proposed Ordinance Repealina. Amendina. and Addina
Provisions to Titles 1. 2. 3. and 16 of the Cltv of Arroyo Grande Municipal Code
(WETMORE)
Recommended Action: Introduce Ordinance repealing, amending, and adding
provisions to Titles 1, 2, 3, and 16 of the City of Arroyo Grande Municipal Code.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of Resolution Supportlna a Statewide Ballot Initiative to Reauire
Voter Approval Before State Government May Take Local Tax Funds (ADAMS)
Recommended Action: Adopt Resolution supporting a statewide ballot initiative to
require voter approval before the State government may take local tax funds, and
designate on a lead representative from the City Council to work with the League of
California Cities on efforts related to the initiative.
11.b. Consideration of City Hall Needs Assessment and Feasibilitv Study (ADAMS)
Recommended Action: 1) Approve the proposed site alternatives; 2) Approve the
site and design criteria; and 3) Direct staff and the consultant to prepare an analysis
of the alternatives.
12. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and/or request a formal
agenda report be prepared and the item placed on a future agenda. No formal
action can be taken.
a) Request to agendize discussion, public input and City Council consideration
regarding Diablo Canyon Nuclear Power Plant issues. (FERRARA)
13. 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) Discussion regarding whether to reschedule or cancel the Regular City
Council Meeting scheduled on Veterans' Day, November 11, 2003.
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AGENDA SUMMARY - OCTOBER 14, 2003
PAGE 5
14. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
15. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
16. COMMUNITY COMMENTS AND SUGGESTIONS: .
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
17. ADJOURNMENT
...........
All staff reports or other written documentation relating to each item of business referred to
on the agenda are on file in the Administrative Services Department and are available for
public inspection and reproduction at cost. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the
Americans with Disabilities Act. To make a request for disability-related modification or
accommodation, contact the Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date.
...........
Note: This agenda is subject to amendment up to 72 hours prior to the date and time set
for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the
Director of Administrative Services at (805) 473-5414 for more information.
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8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISO~
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period September 1- September 30,2003.
FUNDING:
There is a $1,450,265.37 fiscal impact. All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation;
. Provide direction to staff.
Attachments:
Attachment 1 - Cash Disbursement listing
Attachment 2 - September 5, 2003 Accounts Payable Check Register
Attachment 3 - September 5, 2003 Payroll Checks and Benefit Checks
Attachment 4 - September 12, 2003 Accounts Payable Check Register
Attachment 5 - September 19, 2003 Accounts Payable Check Register
Attachment 6 - September 19, 2003 Payroll Checks and Benefit Checks
Attachment 7 - September 30, 2003 Accounts Payable Check Register
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A IT ACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
7M de 'Pefit14 '" S~ 1 7~ Se{lte.la 30, 2003
- "
October 14, 2003
Presented are the cash disbursements issued by the Department of Financial ,Services for
the period September 1 to September 30, 2003. Shown are cash disbursements by week of
occurrence and type of payment.
WEEK 'I"YPEOFPAYMEm "........... .~T~M()lT1\fT
AI'A(
September 5, 2003
Accounts Payable Cks 112092-112186 2 $ 188,476.26
Payroll Checks and Benefit Checks 3 342,313.65
530,789.91
September 12, ~003
Accounts Payable Cks 112214-112322 4 124,615.16
September 19, 2003
Accounts Payable Cks 112323-112419 5 378,759.72
Payroll Checks and Benefit Checks 6 322,507.32
701,267.04
September 30, 2003
Accounts Payable Cks 112433-112463 7 93,593.26
Four Week Total $ 1.450.265.37
I.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~
SUBJECT: STATEMENT OF INVESTMENT DEPOSITS
DATE: OCTOBER 14, 2003
Attached please find a report listing the current investment deposits of the City of Arroyo
Grande, as of September 30,2003, as required by Government Code Section 53646 (b).
CITY OF ARROYO GRANDE
MONTHLY INVESTMENT REPORT
,,44 ~ S~ 30, 2003
October 14, 2003
This report presents the City's investments as of September 30, 2003. It includes all
investments managed by the City, the investment institution, type of investment,
maturity date, and rate of interest. As of September 30, 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 September 30, 2003 compared with the prior
month and the prior year.
PR.IIDR YEAR
Date: August 2003 August 2003 September 2002
Amount: $11,900,000 12,400,000 12,700,000
Interest Rate: 1.60% 1.63% 2.64%
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B.c.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 23, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA i
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:30 p.m. Mayor Pro Tem Dickens, Council
Members Runels and Lubin, City Manager Adams, and City Attorney Carmel were present.
j
2. PUBLIC COMMENT:
None.
(Council Member Jim Costello arrived prior to Closed Session.) I
i
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) involving one (1) potential case.
!
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:00 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 23,2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Lubin, Runels, Costello, Mayor Pro Tem Dickens,
and Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Public Works
Spagnolo, Director of Community Development Strong, Director of
Parks, Recreation and Facilities Hernandez, Associate Planner
Heffernan, and Associate Planner McClish.
3. FLAG SALUTE
Members of Boy Scout Troop 489 led the Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the
invocation.
5. SPECIAL PRESENTATIONS
5.a. Presentation by Kirstin Barrett and Kristian Olsen, Arroyo Grande High
School Student Representatives to the Annual League of California Cities
Conference September 7 -10, 2003 in Sacramento.
Following presentations by Kirstin Barrett and Kristian Olsen regarding their experiences
at the Annual League of California Cities Conference, Mayor Ferrara presented them
with Mayor's Commendations for representing the City of Arroyo Grande at the Annual
Conference held in Sacramento.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Costello moved, Mayor Pro Tem Dickens seconded, and the motion
passed unanimously that all resolutions and ordinances presented at the meeting shall
be read in title only and all further reading be waived.
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CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 2
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Allyson Nakasone, on behalf of Environmental Center of San Luis Obispo (ECOSLO),
spoke of the loss of agricultural land to development and erosion and stressed the
importance of preserving farmland. She announced the launch of a campaign for
"Keeping the Ag in A.G." and passed out campaign stickers to the Council.
B. CONSENT AGENDA
Council Member Lubin pulled Item 8.1. and Council Member Runels pulled Item 8.n. from
the Consent Agenda.
Council Member Runels moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.0., with the exception of Items 8.1. and
8.n., with the recommended courses of action. City Attorney Carmel read the Ordinance
title for Item 8.0. The motion carried on the following roll-call vote:
AYES: Runels, Costello, Lubin, Dickens, Ferrara
NOES: None
ABSENT: None
B.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period August 16,
2003 - August 31,2003.
B.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed the August 2003 cash report and approved the
interfund advance from the Water Facility Fund to cover cash deficits in other
funds at August 31,2003.
B.c. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of August
31,2003.
B.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council Meeting of August 12,
2003 and the Regular City Council/Redevelopment Agency Meeting of August 26,
2003, as submitted.
B.e. Consideration of Council Appointment to the Downtown Parking Advisory
Board.
Action: Approved the appointment of Eddie EI-Helou to the Downtown Parking
Advisory Board, as recommended by Council Member Costello.
B.f. Consideration of the Purchase of Security Systems for City Hall and Council
Chambers.
Action: 1) Approved the allocation of $4,200 from reserves to purchase security
systems for City Hall and the Council Chambers; and 2) Authorized staff to enter
an agreement with Great Western Alarm for purchase and maintenance of the
systems.
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CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 3
8.g. Consideration of Waiver of Fees for Arroyo Grande Valley Little League
Baseball.
Action: Approved the waiver of $2,499.00 in fees for field preparation for Arroyo
Grande Little League.
8.h. Consideration of Resolution Authorizing Application for Per Capita Grant
Funds.
Action: Adopted Resolution No. 3707 authorizing staff to apply for grant funds
from the Per Capita Grant Program under the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of 2002.
8.L Consideration of Authorization to Solicit Bids - Contracted Custodial
Services.
Action: Authorized staff to solicit bids to contract for custodial services for all City
facilities.
8.j. Consideration of Disadvantaged Business Enterprise (DBE) Program for
FFY 2003104.
Action: Approved the DBE Program for Federal FY 2003-04 and submit to
Caltrans by October 1, 2003.
8.k. Consideration to Adopt the Storm Water Management Plan and
Authorization to Submit to the Regional Water Quality Control Board.
Action: 1) Adopted Resolution No. 3708 adopting the Storm Water Management
Plan (SWMP); 2) Appropriated $1,500 from the General Fund in FY 2003-04 and
$3,000 in FY 2004-05; and 3) Directed staff to submit the SWMP to the Regional
Water Quality Control Board by October 30, 2003.
8.m. Consideration of Resolution Granting a One-Year Time Extension for
Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001;
Camino Mercado and West Branch Street.
Action: Adopted Resolution No. 3709 approving a one-year time extension for
Conditional Use Permit 99-013 and Variance 01-001.
8.0. Consideration of Ordinance to Amend the Zoning Map to Prezone to Public
Facilities the Proposed St. John's Church Annexation, Development Code
Amendment Case No. 03-004.
Action: Adopted Ordinance No. 546 amending Development Code Amendment
03-004 to amend a portion of the zoning map to prezone to Public Facilities (P F )
all properties within the proposed St. John's Church annexation to the City of
Arroyo Grande.
8.1. Consideration of Museum Annex (Barn) Color, 127 Short Street, Conditional
Use Permit No. 02-010.
Recommended Action: Approve the exterior color of the Museum Annex and
defer consideration of window shutter versus metal awning details to November
25, 2003.
Council Member Lubin referred to the staff report and stated that the building color was
to be brought back to the Council for approval prior to its application. He commented
that proposed paint and/or stain colors were not brought back to the Council for
CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 4
approval, putting the Council in an awkward position for approving the color after it had
already been applied. He expressed his dissatisfaction with the management of the
South County Historical Society who moved forward without first obtaining Council
approval.
Mayor Pro Tem Dickens moved to approve staff's recommendation. to approve the
exterior color of the Museum Annex and defer consideration of window shutter versus
metal awning details to November 25, 2003. Council Member Costello seconded the
motion, and on the following roll-call vote, to wit:
AYES: Dickens, Coste110, Runels, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
B.n. Consideration of Ordinance to Prohibit Parking in Front (Street) Yards.
Recommended Action: Adopt an Ordinance amending Municipal Code Section
10.16.010.B in Title 10 and Section 16.56.030 in Title 16 to prohibit parking in
front (street) yards.
Council Member Runels expressed concerns regarding the lack of street parking in
some neighborhoods in the City and the impact of the Ordinance in those areas.
Council Member Runels moved to adopt Ordinance No. 545 amending Municipal Code
Section 10.16.01 O.B. in Title 10 and Section 16.56.030 in Title 16 to prohibit parking in
front (street) yards. Council Member Lubin seconded the motion, and on the following
roll-call vote, to wit:
AYES: Runels, Lubin, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS:
9.a. Consideration Concerning Use of State 2003-04 Citizens Option for Public
Safety (COPS) Funds.
Chief of Police TerBorch presented the staff report and recommended the Council 1)
Approve the expenditure of $100,000 as authorized by the State for law enforcement
services under the Citizens Option for Public Safety (COPS) Program; and 2) Authorize
the expenditure of $3,800 carried over from the City's FY 2002-03 COPS Program.
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CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 5
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he
closed the public hearing.
Council Member Costello moved to approve the expenditure of $100,000 as authorized
by the State for law enforcement services under the Citizens Option for Public Safety
(COPS) Program; and authorize the expenditure of $3,800 carried over from the City's
FY 2002-03 COPS Program. Council Member Lubin seconded the motion, and on the
following roll-call vote, to wit:
AYES: Costello, Lubin, Runels, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9.b. Consideration of the Final Environmental Impact Rep~rt (FEIR) for
Conditional Use Permit No. 01-001 and Vesting Tentative Tract Map No. 01-
002 (Creekside Center).
Associate Planner Heffernon presented the staff report and recommended the Council
review supplemental traffic and historical information prepared for the Creekside Center
Final Environmental Impact Report (FEIR); and adopt a Resolution certifying the FEIR as
being adequate and complete pursuant to the requirements of the California
Environmental Quality Act (CEQA).
Mayor Ferrara opened the public hearing.
Scott Wachenheim, vice-chairman of Preserve The Village, provided comments and
questions concerning the historical resources in the Creekside Center project, especially
the question of re-use of the grain warehouse. He submitted written comments on the
Final EIR for the Creekside Center project for the record (on file in the Administrative
Services Department.)
Chuck Fellows, chairman of Preserve The Village, expressed misgivings concerning the
supplemental traffic analysis and stated that it seems traffic will be worse than what the
expert proposes. He also expressed concerns and requested clanfication regarding
statements made by Mr. Chattel regarding the historical resources on the site.
Dan Dawson, ATE, clarified information regarding traffic generation based on use, and
responded to questions from Mayor Pro Tem Dickens regarding project trip distribution
to Le Point Avenue.
Robert Chattel, consultant, addressed concerns expressed by previous public speakers
and provided clarification with regard to the modification of Alternative 2 which provides
for the adaptive re-use of the grain warehouse.
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CITY COUNCil MINUTES
SEPTEMBER 23, 2003
PAGE 6
Joseph Boud, design planner, suggested that all concerns have been addressed and
alternatives identified. He stated he was anxious to present the project following
certification of the FEIR, and urged Council approval of the FEIR.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following Council comments, Council Member Costello moved to adopt.a Resolution, as
amended to include the Planning Commission recommended modifications to Alternative
2, certifying the FEIR as being adequate and complete pursuant to the requirements of
the California Environmental Quality Act (CEQA). Council Member Lubin seconded the
motion, and on the following toll-call vote, to wit:
AYES: Lubin, Costello, Runels, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called a break at 9:40 p.m. The Council reconvened at 9:50 p.m.
9.c. Continued Public Hearing - Consideration of General Plan Amendment 03-
002; Amending the land Use Map to Change the land Use Designation for
Four Properties to Agriculture and Modification of Language. in the Land
Use Element, and Amending the Agriculture, Conservation and Open Space
Element to Revise Implementation Policy for Mitigation of Converted
Agricultural lands.
Associate Planner McClish presented the staff report and recommended the Council 1)
Adopt a Resolution approving General Plan Amendment 03-002 amending the land use
map to change the land use designation of four parcels to Agriculture, modification of
language in the Land Use Element; and amending the Agriculture, Conservation and
Open Space Element to revise implementation policy for mitigation of converted
agricultural I, as recommended by Planning Commission; and 2) Continue General Plan
Amendment 03-003 and Development Code Amendment 03-005 to November 25, 2003.
Mayor Ferrara opened the public hearing.
Fred Bauer, Arroyo Grande, stated he was a proponent of smart-growth principles. He
suggested town hall meetings to gather additional community input with regard to the
zoning of the properties in question. He stated he did not see a need for rezoning any of
the parcels.
Bill McCann, Arroyo Grande, applauded the City's efforts to preserve the City's prime
agricultural lands. He displayed an aerial photo of the Vanderveen property which
showed the property previously in agricultural production and commented that the
property has served as a buffer since the late 70's.
CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 7
Wayne Kinq, representing the Vanderveen property, stated the Vanderveen property
does not have prime soils. He opposed converting the zoning back to Agriculture.
Bruce Vanderveen, Arroyo Grande, spoke in opposition to converting the zoning of his
property back to Agriculture.
Ed Dorfman, Arroyo Grande, referred to his ten acres on E. Cherry Avenue and spoke
regarding smart growth principles. He stated the property is in-fill and should be used for
urban uses. He opposed a zoning conversion back to Agriculture.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following Council comments, Council Member Costello moved to adopt a Resolution
approving General Plan Amendment 03-002 amending the land use map to change the
land use designation of four parcels to Agriculture, modification of language in the Land
Use Element; and amending the Agriculture, Conservation and Open Space Element to
revise implementation policy for mitigation of converted agricultural I, as recommended
by Planning Commission, and continue General Plan Amendment 03-003 and
Development Code Amendment 03-005 to November 25, 2003. Mayor Pro T em
Dickens seconded the motion, and on the following roll-call vote, to wit:
AYES: Costello, Dickens, Ferrara
NOES: Lubin, Runels
ABSENT: None
There being 3 AYES and 2 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
10.a. Consideration of Approval of the EI Campo Road/Route 101 Project Study
Report - Project Development Support (PSR-PDS).
Director of Public Works Spagnolo presented the staff report and recommended the
Council approve the EI Campo Road/Route 101 Project Study Report - Project
Development Support (PSR-PDS) and direct staff to request funding from the San Luis
Obispo Council of Governments (SLOCOG) for project approval and environmental
document.
Matthew Griggs, Dokken Engineering, gave a presentation on the EI Campo Road/US
101 Interchange Project Study Report (PSR) which provided information on the project
team, project background, project overview, project development process and tentative
schedule, an overview of project alternatives, the range of construction costs for each
project alternative, and project approval and environmental document costs.
James Worthley, SLOCOG representative, gave an overview of the status of STIP
funding and expressed concerns regarding the fundability of this project.
-
CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 8
Mayor Ferrara opened up the item for public comment.
Ron Bryant, Falcon Ridge resident, stated that any alternative other than #2 would
destroy the quality of life for three neighboring tracts.
Steve Ross, Arroyo Grande, asked if any of the alternatives would relieve traffic on Fair
Oaks/Traffic Way.
Vernon Frederick, Pismo Beach, spoke in support of approving the EI Campo/US 101
PSR.
Marie Cattoir, Arroyo Grande, asked if a bond issue would be contemplated if no funding
were available for the project. She expressed concerns with regard to the cumulative
impacts of bond payments on property owners.
Upon hearing no further public comments, Mayor Ferrara closed the floor to public
comment and brought the item back to Council for consideration.
Mayor Pro Tem Dickens moved to approve the EI Campo Road/Route 101 Project Study
Report - Project Development Support (PSR-PDS). Council Member Runels seconded
the motion.
Council Member Lubin asked if the motion included direction to staff to request funding
from SLOCOG for project approval and environmental document. Discussion ensued
with regard to prioritization of existing City projects and related funding requests. Mr.
Worthley indicated that he would advise SLOCOG that the Brisco/101 PSR remained the
higher priority for the City. Mayor Pro Tem Dickens agreed to amend the motion to
include direction to staff to request funding from SLOCOG for project approval and
environmental document as well as to research alternative funding strategies for this
project. Council Member Runels seconded the amended motion, and on the following
roll-call vote, to wit:
AYES: Dickens, Runels, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1 ) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A). No report.
(2) Integrated Waste Management Authority (IWMA). No report.
(3) Other. None.
-
CITY COUNCil MINUTES
SEPTEMBER 23, 2003
PAGE 9
b. MA YOR PRO TEM JIM DICKENS:
(1 ) South County Youth Coalition. No report.
(2) South .San Luis Obispo County Sanitation District (SSLOCSD). Gave
an update on the status of the District's co-generation project; and gave a
status report on the issue of the Bio-Solids ordinance.
(3) Other. None.
c. COUNCIL MEMBER THOMAS A. RUNElS:
(1 ) Zone 3 Water Advisory Board. Gave a report on the membrane filtration
system related to the upgrade of the water treatment plant.
(2) County WaterHesources Advisory Committee (WRAC). No report.
(3) Other. None.
d. COUNCIL MEMBER SANDY LUBIN:
(1 ) South County Area Transit (SCAT). No report.
(2) Economic Vitality Corporation (EVC). Reported that business travel is
down 50% in San Luis Obispo; and the FY 2003-04 Work Plan was
presented (copies were provided to Council).
(3) Other. None.
e. COUNCIL MEMBER JOE COSTEllO:
(1 ) Air Pollution Control District (APCD). Meets tomorrow.
(2) Other. None.
13. CITY COUNCil MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
1) Council Member Costello announced he would not be present at the October 14,
2003 City Council Meeting. 2) Council Member Lubin announced he would be out of
town during the next two weeks; however, he would be at the October 14th Council
meeting. 3) Mayor Pro Tem Dickens also reported that the San Luis Obispo County
Sanitation District Board received a report on the Collection System Capacity Study
Update for the Farroll Avenue Development, and the Board authorized staff to begin
preliminary analysis and design of the "Bakeman Trunk Sewer Line Expansion". He
provided City Manager Adams with a copy of the report.
16. STAFF COMMUNICATIONS:
City Manager Adams reminded the Council and the public about the Harvest Festival
activities on September 26-2th and the Rancho Grande Park Grand Opening Ceremony
on Saturday, October 4th from 10:00 a.m. to 1 :00 p.m.
CITY COUNCIL MINUTES
SEPTEMBER 23, 2003
PAGE 10
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 11 :01 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Mtg )
B.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION ~~
AND FACILITIES
SUBJECT: CONSIDERATION OF AWARD OF BID - TERRA DE ORO PARK
PLAYGROUND EQUIPMENT
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council award the Terra de Oro Park Playground Equipment
Project to Miracle Recreation Equipment Co. in the amount of $31,837.41.
FUNDING:
Within the approved FY 2003-04/FY 2004-05 Bi-Annual Budget Capital Improvement
Program, $35,000 was approved for equipment replacement and repairs. Funds are
from the Park Development Fund.
DISCUSSION:
A total of four (4) proposals were received for the project (Attachment 1 - Log Sheet).
Basee on the proposals submitted that included removal of existing equipment and site
preparation as well as installation, Miracle Recreation Equipment Co. provided the
lowest bid at $31,837.41. Recreation Creations was next with a bid of $31,953.01,
followed by Dave Bang Associates ($32,553.03) and RecWest Outdoor Products, Inc.
($35,945.00). Based on references, as well as customer service, staff is recommending
the award of bid to Miracle Recreation Equipment.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Accept staff's recommendation and award project to Miracle Recreation
Equipment;
- Revise staff recommendation and award bid to other vendor;
- Do not approve bids; or
Provide direction to staff regarding Council alternatives.
Attachments: Attachment 1 - Log Sheet
Attachment 2 - Miracle Recreation Equipment Bid
FROM: Panasonic FRX SYSTEM PHONE NO. : Sep. 23 2003 05:40PM P3
Attachment 1
BID 'OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: September 15, 2003
Playground Equipment and ADA Access Playground Surfacing
BIDDER'S NAME I CITY TOTAL
1. Miracle Recreation Equipment Co. $31,837.41
Bakersfield
2. Recreation Creations $31,953.01
Bakersfield
3. Dave Bang & Associates $32t553.03
Tustin
4. RecWest Outdoor Products, Inc. $35,945.00
Fresno
~-_.-----_.. ...
-
FROM: panasonic FAX SYSTEM PHONE NO. : Sep. 22 2003 03:26PM P2
A QUOTATION FROM:
MIRACLE Attachment 2
RECREATION EQUIPMENT COMPANY
LARRY & JUDY HIGGINS
PO BOX 10356
BAKERSFIELD, CA 93389
6611 654-0597 661/654-0693 FAX
SOO/371-7635
PROPOSAL SUBMITrED TO: PHONE: 80SI 473-S470
CITY OF ARROYO GJlANDE - PARKS FAX; 8OS( 473-5461
STREET: PROJEct:
1315 ASH ST.REET CITY OF ARROYO CeANDE
CITY, STATE & ZIP: ADDRESS=
ARROYO GRANDE. CA 93420 ORO PARK:
ATl'ENTION CITY, STATE & ZIP:
DANUL HERNANDEZ ARROYO GRANDI.. CA
DATE: OPTION 3: PLAY. SYSTEM & SWINGS
AUGUST 4.1003
:', :',"::":'
518.080.00
lEACH #29015 $633.00
1 EACH #714734 5154.00
$1 7.00
-$ 00
516 037.00
$1037.00
$17074..00
51 .87
51 11.87
NOTES:
NORMAL FREIGHT 52.074.00. WE SPLIT THE COSTS (SEE ABOVE). FREIGHT IS TAXABLE SINCE MIRACLE USES 'l'llE1R
OWN TRUCKS (TAX REG. ~m).
. NEED PURCHASE ORDER a: SIGNJID COPY OF THIS PROPOSAL TO PROCESS ORDER.
. AILOW.w WEEKS POR DELIVERY AFI"at UCEIPT OF ORDD.
We PI'IIpOIe ha'eby to lbmisb mau:ria1 complete in ~ with above spa:ifi.catiaIs for the ~ or: PER ABOVE..
Payment to be made as fonows: PURCHASE OWER NET 30 DAYS.
--~~~~~
N'..;TJIiIJP.....-a.-yIle~~1Iot m. .:0
ACCEPTANCE OF PROPOSAL: 1be abow prices, spedfications and C'.GIU6tioDJ aft ....xtory and are beftby accepted.
You .are autIaorizcd to do the work as spedfied. PayaaeDt WIll be IU.CIe at outIiBed above.
SIGNATURE DATE:
-
FROM : PanaSoni c FAX SYSTEM PHONE NO. : Sep. 22 2003 03: 27PM P3
PROPOSAL
HIGGINS AND ASSOCIATES
P.o. BOX 10356
BAKERSFIELD, CA 93389
(661) 654-0597 FAX (661) 654--0693
(800) 371-7635
PROPOSAL SUBMITTED TO: PHONE: 80SI 473-5470
CJTY OF ARROYO GRANDE - PARKS FAX: 8051473-5462
STREET: PROJECT:
137S ASf( STREET CITY OF ARROYO GRANDE
crrv. STATE A: ZIP: ADDRi:SS:
ARROYO GRANDE, CA 93420 ORO PARK
ATTENTION CITY, STA.TE A ZIP:
DANIEL HERNANDEZ ARROVO GRANDE. CA
DATE: PROJEer: I
AUGUST ~ 1003 SURFACING MATERIAL FOR PLAY AREA
We hereb-v sllbmil estimatesfOT thefoUowinll: ENGINEERED CRUSH WOOD FIBER
QNTY. DESCRIPTION AMOUNT
135 vards SO'F'FALL WOOD FIBER SAFETY SURFACE: 521.00 I per yard 52,835.00
EXCLUDES: GEOTEXTILE FABRIC
2821 s.f.-IRREGULAR 12" O}:EP. PLUS 30% FOR COMPACDON (See drwiD
FREIGIIT $65.00
TAX ~ 7..25-/0 S2OS.54
TOTAL 53.lOS.54
PRICE INCLUDES:
. DELIVERY TO SITE- NOT INSTALLED
. MEETS CURRENT ASTM, ADA & CPSC REQVlREMENTS
NOTES:
ALLOW 2-3 WEEKS FOR DELlVE.RY.
We propose hereby to furnish materialli cumpl~le ill accol-da.tlCC with abo~ specifications, far lh~ sum of: PER ABOVE.
Payment to be made as fullows: PI!R PURCHASE ORDER - NET 30 DAYS.
__~~~9~~
LARRY JUDY GG
Note 111is proposal_)' be ~ by u iCDot "'rill 30 clays..
ACCEPTANCE OF PROPOSAL: The above prices, specilication$ aDd cODditioas are satisfactory aDd ail'e hereby aceepted.
V OR are authorized 10 do the work as specified. Payment will be made as outlined above.
SIGNATURE DATE:
FROM : Panasonic FAX SYSTEM PHONE NO. : Sep. 22 2003 03:27PM P4
FAX NO. : 80S 934 1814 A.& Q. 1213 212103 09: 13AM Pl
I='ROM : Centra 1 Coast FlaygroundS ..
. CE.O"'fTI'{AL COA"....
Bid
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE~
SUBJECT: CONSIDERATION OF LEASE AGREEMENT FOR CAR CORRAL
PUBLIC PARKING AREA
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council authorize the Mayor to sign the Agreement of
Lease ("Lease") on behalf of the City.
FUNDING:
The Lease requires the City to pay One Dollar ($1.00) per month for the term of
the Lease. The City is also obligated to pay property taxes and maintain the
property. The cost of the property taxes is approximately $315 per year and is
budgeted in the General Fund. Maintenance primarily consists of landscaping,
which is provided by the Parks, Recreation & Facilities Department and not
budgeted separately. Improvements to the pavement surface of the lot have
been identified as a need in the near future. However, no funding has been
budgeted for resurfacing at this time and the cost has not been estimated.
DISCUSSION:
The City leases a portion of the Car Corral parking lot property from the David
Family Trust, Matthews Children's 1997 Irrevocable Trust, and Nancy T. Loomis.
The current five-year Lease expired on July 31, 2003. This property has been
leased since 1966 under similar five-year agreements. On behalf of the owners,
Mr. Andrew David has agreed to renew the Lease under the same terms as the
existing agreement. While the Lease has a five-year term, it should be noted that
either party may terminate the Lease at any time on thirty (30) days' written
notice.
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
- Authorize Mayor to sign the proposed Lease;
- Direct staff to renegotiate the lease;
CITY COUNCIL
CAR CORRAL PARKING LOT LEASE
OCTOBER 14, 2003
PAGE 2
- Do not authorize the Mayor to sign the proposed Lease;
- Provide direction to staff.
Attachments:
1. Proposed Agreement of Lease
AGREEMENT OF LEASE
THIS AGREEMENT, made and entered into this day of , 2003, by
and between Andrew David and Margaret L. David, Trustees of The David Family Trust;
Nancy T. Loomis; Sarah M. Matthews, Trustee of the MATTHEWS CHILDREN'S 1997
IRREVOCABLE TRUST," hereinafter for the purpose of convenience sometimes termed
"Owner," hereby lease to the City of Arroyo Grande, hereinafter for the purpose of
convenience sometimes termed "Tenant," that certain real property in the City of Arroyo
Grande, San Luis Obispo County, California, more particularly described in Exhibit "A", a
copy of which is attached hereto and made a part hereof by reference.
Term: The term of this lea,se shall be for a period of five (5) years, beginning on
the first day of August , 2003 and ending on the last day of July ,2008.
Rent: Rent for the term of the lease is Sixty Dollars ($60.00), being the sum of
One Dollar ($1.00) per month, for each and every month of the term hereof, to be paid in
advance upon the signing of this lease by the parties hereto.
Taxes: Tenant shall pay not less than thirty (30) days before delinquency, all City
and County real property taxes assessed on the leased premises during the term of this
lease, or any extension thereof. The taxes shall be prorated as applicable for the taxing
fiscal year for any portion of the term. The leased premises are presently assessed on
the county tax records as a separate parcel and taxed as a separate parcel. All parties
to this agreement mutually agree to use their best efforts to have the county continue to
tax the property in the same manner.
Owners shall cooperate with Tenant in promptly delivering to Tenant all tax bills received
covering the leased property.
Termination Prior to July 31 ,2008: Either Owner or Tenant may terminate this lease
at any time during the term hereof by giving the other party not less than thirty (30) days
prior written notice.
Hold Harmless and Insurance: Tenant shall hold Owner harmless from any
claim for loss or damage to person or property by reason of the occupancy and use of the
leased premises, or failure to keep the premises in good condition and repair.
Tenant shall keep said leased property insured for liability under its municipal blanket
insurance policy, which policy shall specifically name the parties hereto.
AGREEMENT OF LEASE - CAR CORRAL PARKING LOT
PAGE 2
Notices: All notices to be given to Owner or to Tenant shall be given by
personal delivery, or, registered mail (return receipt requested) deposited in the United
States post office in the City of Arroyo Grande, postage prepaid. The addresses to be
used for the parties to this agreement are:
Tenant: CITY OF ARROYO GRANDE
POBox 550
Arroyo Grande CA 93421
Owner: ANDREW DAVID
POBox 166
Arroyo Grande CA 93421
Personal delivery to Owner may be made by personal delivery to Andrew David.
Personal delivery to Tenant may be made by personal delivery to the City Manager, or
the Director of Administrative Services/Deputy City Clerk.
Change of address may be made in writing, delivered to Owner or to Tenant as herein
provided.
Sublease: Tenant may not assign, transfer in whole or in part, or sublet any
portion of the leased premises without the prior written consent of Owner.
Parking Meters: No parking meters shall be permitted on the leased premises without
the prior written consent of Owner.
Waste, Alterations, Additions: Tenant shall not commit or suffer to be committed any
waste of the said premises or permit any public or private nuisance. Tenant shall not
make or suffer to be made any alterations to the leased premises without the prior written
consent of Owner. Any additions or alterations, which may be permitted on the leased
premises, shall become a part of said premises. Tenant shall keep all trees, bushes and
shrubs on the property trimmed to a height not to exceed one (1) foot below the top of the
parapet of the portion of the building situated at 201-203 East Branch Street.
Use of Premises: The premises are being lease for the sole purpose of use for
off-street parking, and Tenant shall not permit the premises to be used for any other
purpose without the prior written consent of Owner.
.
AGREEMENT OF LEASE - CAR CORRAL PARKING LOT
PAGE 3
Owner Agent: Andrew David is appointed by the various Owners to serve as
their agent in all matters pertaining to this lease. This provision may be revoked at any
time by any of the individual owners giving written notice to Tenant.
Repairs and Maintenance: Tenant shall, at Tenant's sole cost and expense, keep
the premises in good condition and repair at all times during the term of this lease.
Dated:
OWNER: TENANT:
By: By:
ANDREW DAVID TONY M. FERRARA, MAYOR
By: By:
MARGARET L. DAVID KELL Y WETMORE,
DIRECTOR OF ADMINISTRATIVE
SERVICES/DEPUTY CITY CLERK
By:
NANCY T. LOOMIS
By:
SARAH M. MATTHEWS
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EXHIBIT "A"
That certain real property in the City of Arroyo Grande, County of San Luis Obispo, State
of California, described as follows:
That certain portion of the "Hotel Lot" of the Buena Vista Tract in the City of Arroyo
Grande, County of San Luis Obispo, State of California, according to map filed for record
October 2, 1885. In Book A, PC;1ge 58 of Maps in the Office of the County Recorder of
said County; beginning at the most southerly corner of said Hotel Lot and running thence
north 57* 15' east, 97.90 feet along the southeasterly line of said lot to the true point of
beginning; thence north 32* 43' 37" west, 75 feet; thence south 57* 15' west and parallel
with the southeasterly line of said Lot 97. 90 feet to the southwesterly line of said Hotel
Lot; thence south 32* 43' 37" east (record south 32* 45' east) along the southwesterly line
of said lot, a distance of 20 feet; thence north 57* 15' east along the line parallel with the
southeasterly line of said lot, a distance of 55.90 feet to a point; thence south 32* 43' 37",
east along a line parallel with a southwesterly line of said lot 55 feet to the southeasterly
line of said lot; thence north 57* 15' east 42 feet along the southeasterly line of said lot to
the true point of beginning.
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8.f.
MEMORANDUM
TO: CITY COUNCIL $"
FROM: RICK TerBORCH, CHIEF OF POLICE
SUBJECT: CONSIDERATION OF APPROVAL OF AGREEMENT FOR CONTRACTOR
SERVICES REGARDING TOW SERVICES
DATE: OCTOBER 14, 2003
RECOMMENDATION:
Staff recommends the City Council approve the Agreement for Contractor Services
regarding tow services with College Towing South, 94 Atlantic City Avenue, Grover Beach,
for two (2) years, beginning October 27, 2003 through October 26, 2005.
FUNDING:
There is no fiscal impact. Fees are the responsibility of the party whose vehicle is towed.
The City is under no obligation to compensate the towing vendor.
DISCUSSION:
The City has historically awarded an Agreement for Contractor Services to a local tow
company for a two (2) year period (see Attachment "A"). The purpose of the agreement is
two fold. First, the agreement sets forth the procedures and responsibilities for the tow
company when responding to Police Department requests for towing and related services.
Second, the agreement establishes uniform fees for the towing and storage of vehicles
conducted by a tow company at the direction of the Police Department. This protects
those persons who have their vehicles towed under Police Department direction from
incurring unreasonably high and/or inconsistent towing and storage charges. The current
towing agreement expires on October 26, 2003.
The Police Department recently requested new bids for the Agreement for Contractor
Services regarding tow service from eight (8) South County towing companies (see
Attachment "B" - List of Potential Bidders). Two (2) companies responded with a bid.
These companies are College Towing South, P.O. Box 12560, San Luis Obispo, CA
93406 and Kautz Towing, 983 S. 4th Street, Grover Beach, CA 93433 (see Attachments
"C" and "0"). Central Coast Towing submitted a bid after the 12:00 noon deadline on
October 3 (at approximately 1 :45 p.m.). They were notified by telephone that they had not
met the time requirement and requested their bid packet be destroyed.
Both College Towing South and Kautz Towing met all bid specifications. Upon comparing
the bids, College Towing South was the low bidder on eighteen (18) out of the twenty-five
-......-
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AGREEMENT FOR CONTRACTOR SERVICES
REGARDING TOW SERVICES
OCTOBER 14, 2003
PAGE 2
(25) categories. The bids for the remaining seven (7) categories were the same.
Additionally, College Towing South indicated they would tow all City owned vehicles
weighing less than one (1) ton without charge. Given the comparison of the bids, it is
recommended that College Towing South receive the new Agreement for Contractor
Services.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendation; or
- Do not approve staffs recommendation and direct staff to seek further bids.
Attachments:
Attachment "A" - Agreement for Contractor Services
Attachment "B" - List of Potential Bidders
Attachment "C" - College Towing South Proposal
Attachment "0" - Kautz Towing & Recovery Proposal
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ATTACHMENT II A"
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of 2003, between TOW SERVICE
PROVIDER ("CONTRACTOR"), a California Corporation and the CITY OF ARROYO
GRANDE, a Municipal Corporation ("CITY"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on , 2003 and shall remain and
continue in effect until ,2005, unless sooner terminated pursuant to the provisions
ofthis Agreement.
2. SERVICES
CONTRACTOR shall perform the tasks described and comply with all terms and
provisions of the Tow Service Provider Policy set forth in Exhibit A, attached hereto and
incorporated herein as though set forth in full.
3. PERFORMANCE
CONTRACTOR shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein. CONTRACTOR shall employ,
at a minimum generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of CONTRACTOR hereunder in meeting its
obligations under this Agreement.
4. CITY MANAGEMENT
CITY'S Chief of Police or his designee shall be the contract manager and represent
CITY in all matters pertaining to the administration of this Agreement.
5. PAYMENT
Any and all compensation due to CONTRACTOR for services herein described shall be
the sole responsibility of the owner/operator of the vehicle towed. In no event shall CITY have
any duty or responsibility to compensate CONTRACTOR for such services.
6. TERMINATION OF AGREEMENT
1. TERMINATION ON NOTICE. Notwithstanding any other provision of this
Agreement, CITY may terminate this Agreement, at any time, without cause by giving at least
thirty (30) days prior written notice to CONTRACTOR.
2. 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;
_ .._._~___..n~.
(b) Sale of CONTRACTOR'S business;
(c) End of the Agreement to which CONTRACTOR'S servIces were
necessary: or
(d) Assignment of this Agreement by CONTRACTOR without the consent of
CITY.
3. TERMINATION BY ANY PARTY FOR DEFAULT: Should any party default
in the perfonnance of this Agreement or materially breach any of its provisions, a non-breaching
party, at its option, may tenninate this Agreement, immediately, by giving written notice of
tennination to the breaching party.
4. TERMINATION: This Agreement shall tenninate upon completion of services u-
nless extended as set forth in this section. CITY, with the agreement of Consultant, is authorized to
extend the tenn of this Agreement beyond the tennination date, as needed, under the same tenns
and conditions set forth in this Agreement. Any such extension shall be in writing, signed by the
parties and be an amendment to this Agreement
7. LAWS TO BE OBSERVED. CONTRACTOR shall:
(a) Procure all pennits 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 perfonned
by CONTRACTOR under this Agreement;
(b) Keep itself fully infonned 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 CONTRACTOR'S perfonnance under this Agreement, or the
conduct ofthe 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.
8. OWNERSHIP OF DOCUMENTS
CONTRACTOR shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts,. and other such infonnation required by CITY that relate to the
performance of services under this Agreement. CONTRACTOR shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. CONTRACTOR shall provide free access to
the representatives of CITY or its designees at reasonable times to such books and records; shall
give CITY the right to examine and audit said books and records; shall permit CITY to make
transcripts therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional
standard of care for CONTRACTOR'S Services, to the fullest extent pennitted by law,
CONTRACTOR shall indemnify, protect, defend and hold harmless CITY and any and all of
its officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error or omission of
CONTRACTOR, its officers, agents, employees or subcontractors (or any entity or individual
that CONTRACTOR shall bear the legal liability thereof) in the perfonnance of professional
services under this Agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the perfonnance
of professional services and to the full extent pennitted by law, CONTRACTOR shall
indemnify, defend and hold hannless CITY, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable,
including but not limited to officers, agents, employees or subcontractors of CONTRACTOR.
(c) General Indemnification Provisions. CONTRACTOR agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every subcontractor or any other person or entity involved by, for, with or on behalf of
CONTRACTOR in the perfonnance of this agreement. In the event CONTRACTOR fails to
obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be
fully responsible according to the terms of this section. Failure of CITY to monitor compliance
with these requirements imposes no additional obligations on CITY and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here
is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the
tennination of this Agreement or this section.
10. INSURANCE
CONTRACTOR shall maintain prior to the beginning of and for the duration of this
Agreement. insurance coverage as specified in Exhibit B attached to and made a part of this
Agreement.
11. INDEPENDENT CONTRACTOR
(a) CONTRACTOR is and shall at all times remain as to the CITY a wholly
independent CONTRACTOR. The personnel perfonning the services under this Agreement on
behalf of CONTRACTOR shall at all times be under CONTRACTOR'S exclusive direction
and control. Neither CITY nor any of its officers, employees, or agents shall have control over
the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, or agents,
except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the CITY. CONTRACTOR shall not incur or have the power to incur
any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.
(b) No employee benefits shall be available to CONTRACTOR in connection with
performance of this Agreement. CITY shall not pay fees, salaries, wages, or any other
compensation to CONTRACTOR for performing services hereunder for CITY. CITY shall not
be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising
out of performing services hereunder.
12. UNDUE INFLUENCE
CONTRACTOR declares and warrants that no undue influence or pressure is used
against or in concert with any officer, employee or agent of the CITY of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any method of
coercion, confidential financial arrangement, or financial inducement. No officer or employee of
the CITY of Arroyo Grande will receive compensation, directly or indirectly, from
CONTRACTOR, or from any officer, employee or agent of CONTRACTOR, in connection
with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the CITY to any
and all remedies at law or in equity.
13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to this Agreement during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection
with the work performed under this Agreement.
14. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by CONTRACTOR in performance of this Agreement shall
be considered confidential and shall not be released by CONTRACTOR without CITY'S prior
written authorization. CONTRACTOR, its officers, employees, agents, or subcontractors, shall
not without written authorization from the CITY Manager or unless requested by the CITY
Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response
to interrogatories, or other information concerning the work performed under this Agreement or
relating to any project or property located within the CITY. Response to a subpoena or court
order shall not be considered "voluntary" provided CONTRACTOR gives CITY notice of such
court order or subpoena.
(b) CONTRACTOR shall promptly notify CITY should CONTRACTOR, its officers,
employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions, or other discovery
request, court order, or subpoena from any person or party regarding this Agreement and the
work performed thereunder or with respect to any project or property located within the CITY.
CITY retains the right, but has no obligation, to represent CONTRACTOR and/or be present at
any deposition, hearing, or similar proceeding. CONTRACTOR agrees to cooperate fully with
CITY and to provide the opportunity to review any response to discovery requests provided by
CONTRACTOR. However, CITY'S right to review any such response does not imply or mean
the right by CITY to control, direct, or rewrite said response.
15. NOTICES
Any notice which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, which provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the party as set forth below
or at any other address as that party may later designate by notice:
To City: Arroyo Grande Police Department
Attn: Chief of Police
200 North Halcyon Road
Arroyo Grande, CA 93420
To Contractor:
16. ASSIGNMENT
The CONTRACTOR shall not assign this Agreement, nor any part thereof, without prior
written consent ofthe CITY.
17. LICENSES
At all times during the tenn of this Agreement, CONTRACTOR shall have in full force
and effect, all licenses required of it by law for the perfonnance of the services described in this
Agreement.
18. GOVERNING LAW
The CITY and CONTRACTOR understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the San Luis Obispo County Superior Court.
19. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous agreements,
understandings, representations, and statements, or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based solely
~
upon the representations set forth herein and upon each party's own independent investigation of
any and all facts such party deems material.
20. TIME
CITY and CONTRACTOR agree that time is ofthe essence in this Agreement.
21. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONTRACTOR is bound by the contents of CITY'S Request for Proposal, Exhibit "C"
hereto and incorporated herein by this reference.
22. 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.
23. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with the mutual
written consent of all of the parties to this Agreement.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONTRACTOR warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
CONTRACTOR and has the authority to bind CONTRACTOR to the perfonnance of its
obligations hereunder.
.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
By: By: .
[City Manager or Mayor) (Signature)
(Typed Name)
Attest:
Its:
Kelly Wetmore, City Clerk (Title)
Approved As To Fonn:
Timothy J. Cannel, City Attorney
._-~---
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EXHIBIT A
ARROYO GRANDE POLICE DEPARTMENT
TOW SERVICE PROVIDER POLICY
The following rules shall apply to tow service providers under contract (hereinafter
"CONTRACTOR") with the City of Arroyo Grande who are summoned for services by the
Arroyo Grande Police Department in accordance with the Department's tow service policy.
1. CONTRACTORS shall be available for response within the incorporated area of the
City of Arroyo Grande and within a reasonable distance of those limits on a twenty-four
hour, seven day per week basis. Services originating as a result of a call from the Arroyo
Grande Police Department shall not be subcontracted to another tow service provider or
to any other person or business at any time ofthe day or night.
2. CONTRACTORS shall be capable of responding with a minimum of two tow service
vehicles within the defined area within twenty minutes. If the CONTRACTOR is
unable to respond as required, the Police Dispatcher shall be so advised so that another
tow service provider may be summoned. The tow service shall maintain a telephone
staffed 24 hours/day 7 days/week and shall provide an alternate number for a pager or
cellular phone also attended 24 hours/day 7 days/week.
3. CONTRACTORS shall be solely responsible for the safekeeping of all vehicles towed,
and for any personal property within the towed vehicle. In keeping with this
responsibility, CONTRACTORS shall provide secured areas in which towed vehicles
may be safely stored in an area with proper government use pennits and/or licenses, until
ready for release to authorized persons. No vehicle will be stored in "inside storage"
without prior approval of the Arroyo Grande Police Department Watch Commander.
4. All tow service and storage fees imposed as a result of a request from the Arroyo Grande
Police Department shall be reasonable and shall not be in excess of lawfully established
fees.
5. CONTRACTORS shall maintain records of tow services furnished, including accurate
descriptions of towed vehicles (i.e. vehicle license number, Arroyo Grande Police
Department case number, etc.), nature of service, and time and location of calls. Those
records shall be available for inspection upon the request of any duly authorized
representative of the Arroyo Grande Police Department.
6. All tow service vehicles and all tow vehicle operators shall meet all legal requirements in
respect to proper licensing, mechanical equipment, emergency lighting, etc.
7. CONTRACTORS shall comply with Vehicle Code Section 10652 requiring the
reporting of vehicles stored for a period of thirty days or more. The Arroyo Grande
Police Department shall be supplied with a copy of the report required under Section
10652 ofthe Vehicle Code.
e,
8. CONTRACTORS shall furnish the necessary personnel and equipment to pick up, tow
away and lawfully dispose of all motor vehicles abandoned in the CITY, irrespective of
value, as designated by the Arroyo Grande Police Department.
9. It is understood and agreed that the CITY shall incur no charges or expenses for any
abandoned motor vehicles picked up and hauled away by the CONTRACTOR at the
request of the Arroyo Grande Police Department.
10. CONTRACTORS shall comply with all applicable statutes of the State of California,
ordinances of the County of San Luis Obispo and the City of Arroyo Grande, including
but not limited to those provisions set forth in the State Motor Vehicle and Labor Codes.
II. CONTRACTORS shall be able to store any vehicle towed per CVC Sections 14602.6
(30 day impound) or 14067.6 (vehicle forfeiture).
12. CONTRACTORS shall comply with the requirements of CVC Section 14607.6 and
CITY in the advertising, auction, and transfer of any vehicle declared forfeited by the
Court. The Arroyo Grande Police Department's requirements include, but are not limited
to: local advertising, establishing a minimum value of the vehicle, minimum viewing
time by those interested, auction of vehicle and accepting of sealed bids if value of
vehicle is over $1,000.00.
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of this Agreement, CONTRACTOR will
maintain insurance in conformance with the requirements set forth below. CONTRACTOR will
use existing coverage to comply with these requirements. If that existing coverage does not meet
the requirements set forth here, CONTRACTOR agrees to amend, supplement or endorse the
existing coverage to do so. CONTRACTOR acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required. Any
insurance proceeds available to CITY in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to CITY.
CONTRACTOR shall provide the following types and amounts ofinsurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy from CG 00 0 I or the exact equivalent. Defense costs must be paid in addition
to limits. There shall be no cross liability exclusion for claims or suits by one insured against
another. Limits are subject to review but in no event less than $2,000,000 per occurrence,
$5,000,000 aggregate.
Business Auto Coverage on ISO Business Auto Coverage from CA 0001 including symbol I
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than
$2,000,000 per accident, $5,000,000 aggregate. If CONTRACTOR or CONTRACTOR'S
employees will use personal autos in any way, CONTRACTOR shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy fonn providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) ifused to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing
primary coverage above a maximum $25,000 self-insured retention for liability not covered by
primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits. Policy shall contain a provision obligating
insurer at the time insured's liability is detennined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to CITY for injury to employees of
CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage
provided is subj ect to approval of CITY following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $2,000,000 per occurrence,
$5,000,000 aggregate.
-
Insurance procured pursuant to these requirements shall be written by insurer that are admitted
carriers in the state California and with an A.M Bests rating of A- or better and a minimum
financial size VII
General conditions pertaining to provision of insurance coverage by CONTRACTOR.
CONTRACTOR and CITY agree to the following with respect to insurance provided by
CONTRACTOR:
1. CONTRACTOR agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds CITY, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. CONTRACTOR also agrees to require all CONTRACTORS, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit CONTRACTOR, or CONTRACTOR'S employees, or agents, from
waiving the right of subrogation prior to a loss. CONTRACTOR agrees to waive
subrogation rights against CITY regardless of the applicability of any insurance
proceeds, and to require all CONTRACTORS and subcontractors to do likewise.
3. All insurance coverage and limits provided by CONTRACTOR and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the CITY or
its operations limits the application of such insurance coverage.
4. None ofthe coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to CITY and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any CONTRACTOR or
subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the CITY, as the need arises. CONTRACTOR shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect CITY'S protection without CITY'S
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to CONTRACTOR'S general liability policy, shall be delivered to
CITY at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled at
any time and no replacement coverage is provided, CITY has the right, but not the
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~
duty, to obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by CITY shall be
charged to and promptly paid by CONTRACTOR.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to CITY of
any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer
to mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by CONTRACTOR or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance
or self insurance available to CITY.
10. CONTRACTOR agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by CONTRACTOR,
provide the same minimum insurance coverage required of CONTRACTOR.
CONTRACTOR agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. CONTRACTOR agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to
CITY for review.
11. CONTRACTOR agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any CONTRACTOR, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to CITY. If
CONTRACTOR'S existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the CITY. At the time the
CITY shall review options with the CONTRACTOR, which may include reduction
or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
12. The CITY reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the CONTRACTOR, the CITY will negotiate additional
compensation proportional to the increase benefit to CITY.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
__ ____n...__.~..,_...._
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14. CONTRACTOR acknowledges and agrees that any actual or alleged failure on the
part of CITY to infonn CONTRACTOR of non-compliance with any insurance
requirements in no way imposes any additional obligations on CITY nor does it
waive any rights hereunder in this or any other regard.
15. CONTRACTOR will renew the required coverage annually as long as CITY, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
tenninated for any reason. Tennination of this obligation is not effective until CITY
executes a written statement to that effect.
16. CONTRACTOR shall provide proof that policies of insurance required herein
expiring during the tenn of this Agreement have been renewed or replaced with other
policies providing at lea~t the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
CONTRACTOR'S insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to CITY within five
days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of CONTRACTOR under this agreement. CONTRACTOR expressly
agrees not to use any statutory immunity defenses under such laws with respect to
CITY, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage nonnally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as
such.
20. The requirements in this Section supersede all other sections and provisions ofthis
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. CONTRACTOR agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge CITY or
CONTRACTOR for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to CITY. It is not
the intent of CITY to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against CITY for payment of premiums or
other amounts with respect thereto.
-
22. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss
against CONTRACTOR arising out ofthe work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
CITY.
~--_.".-.---_.- -
EXHIBIT C
ARROYO GRANDE POLICE DEPARTMENT
REQUEST FOR PROPOSAL
I represent the finn of
Address
Telephone
I am the licensed operator of the above tow service and my business is located within five (5)
miles of the City of Arroyo Grande.
I am interested in entering into a contract with the City of Arroyo Grande for towing and storage
of vehicles for the period of October 27, 2003 to October 26, 2005. My fees for perfonning
these services are as follows:
1. Vehicle hook up & tow, up to 3 miles - Days
2. Vehicle hook up & tow, up to 3 miles - Nights
3. 4 x 4 truck hook up & tow, up to 3 miles - Days
4. 4 x 4 truck hook up & tow, up to 3 miles - Nights
5. Truck towing, 1 ton or more, up to 3 miles - Days
6. Truck towing, 1 ton or more, up to 3 miles - Nights
7. Hook up & dolly towing per mile - Days
8. Hook up & dolly towing per mile - Nights
9. Motorcycle hook up & tow, up to 3 miles - Days
10. Motorcycle hook up & tow, up to 3 miles - Nights
11. Winching minimum charge per hour
12. Up righting overturned vehicle
13. Moving vehicle to towing position
---"'--"'_.~-"-"'--
""',
14. Clean up accident scene - Minimum
15. Clean up accident scene - Maximum
16. Standby time per hour - Minimum
17. Standby time per hour - Maximum
18. Storage outside per day
19. Storage for vehicles towed per Vehicle Code Section 14602.6
(30 day impound)
20. Storage for vehicles towed per Vehicle Code Section 14607.6
(Forfeiture)
21. Storage inside per day
22. Drive shaft removal
23. Unlock vehicles - Days
24. Unlock vehicles - Nights
25. Opening fee (after hours)
If accepted by the City, I hereby agree to abide by the rules and regulations relative to the
operation oftow trucks and maintenance of storage facilities used to store the vehicles.
Submitted by
Representing
Date
--
Attachment "B"
ARROYO GRANDE POLICE DEPARTMENT
LISTING OF POTENTIAL BIDDERS
FOR 2003-2005 TOW SERVICE AGREEMENT
B J's PDQ Towing
197 W. Grand Avenue Kautz Chevron Service
Grover Beach, CA 93433 983 S. 4th Street
Grover Beach, CA 93433
Central Coast Towing
2160 Nipomo Avenue Mullahey Ford
Oceano, CA 93445 Attention: Tim Mullahey
330 Traffic Way
Arroyo Grande, CA 93420
Chippers Towing & Car Hauling Service
890 Sheridan Road
Arroyo Grande, CA 93420 R & R Towing
738 Sheridan Road
Arroyo Grande, CA 93420
College Towing South
P. O. Box 12560
San Luis Obispo, CA 93406
Note: Angello's Towing stated they
were not interested in receiving a bid
Johnboy's Towing request package. Action Towing stated
845 Sheridan Road they dispatch out of San Luis Obispo
Arroyo Grande, CA 93420 and could not meet our requirements for
small vehicles.
~------,~-
, ..
ATTACHMENT "c"
EXHIBIT C
ARROYO GRANDE POLICE DEPARTMENT
REQUEST FOR PROPOSAL
I represent the firm of &Uk"Gtr' 1d/4/;,v6 50,,7'#
Address 9'1 I1r~I/AI"If!. {Jjff/ II~IC GR.IJr'dR. f3 JJ' /!(!,-H
Telephone Jfl9 - ~ 600
I am the licensed operator of the above tow service and my business is located within five (5)
miles of the City of Arroyo Grande.
I am interested in entering into a contract with the City of Arroyo Grande for towing and storage
of vehicles for the period of October 27, 2003 to October 26, 2005. My fees for performing
these services are as follows:
1. Vehicle hook up & tow, up to 3 miles - Days / ~ tJ()
2. Vehicle hook up & tow, up to 3 miles - Nights / g, ()~
3. 4 x 4 truck hook up & tow, up to 3 miles - Days IR/tJ
4. 4 x 4 truck hook up & tow, up to 3 miles - Nights If. Ul
5. Truck towing, 1 ton or more, up to 3 miles - Days #4 ~iJ
6. Truck towing, 1 ton or more, up to 3 miles - Nights .p'()~ lit'
7. Hook up & dolly towing per mile - Days HA
,
8. Hook up & dolly towing per mile - Nights N/<!
.
9. Motorcycle hook up & tow, up to 3 miles - Days /g; Cf)
10. Motorcycle hook up & tow, up to 3 miles - Nights /K/'O
11. Winching minimum charge I (). ()O per hour
12. Up righting overturned vehicle / !, ()4
13. Moving vehicle to towing position N/~
. L~
14. Clean up accident scene - Minimum /aOO
15. Clean up accident scene -Maximum ;;.5',()()
16. Standby time per hour - Minimum S;OO
17. Standby time per hour - Maximum /5otJ
.
18. Storage outside per day / 3, tJO
19. Storage for vehicles towed per Vehicle Code Section 14602.6 / 3.00
(30 day impound)
20. Storage for vehicles towed per Vehicle Code Section 14607.6 J, 00
(Forfeiture)
21. Storage inside per day . ~ O. ()f)
22. Dri ve shaft removal / b. oU
23. Unlock vehicles - Days /8. ()D
24. Unlock vehicles - Nights. /3~ ()I
25. Opening fee (after hours) ;;;. .5. 0'
If accepted by the City, I hereby agree to abide by the mles and regulations relative to the
operation of tow tmcks and maintenance of storage facilities used to store the vehicles.
Submitted by <JOHN MqElLJf~
Representing t'Lt.EGI/C -r;;;;'NG ....)';,,'1"#
Date /lJ-I-' /)3
('(}I/ltr,,65j/ /6ft1/N6 AN/) .5E~'I1 c t: e"I.J..$
(}Jv IJ I- L.. (!,/ r'l tJ 4/ 41 tr I:> V ~ If lCO ( If!) qN~&1?
I 7C~ - ~() 811IJL 6 E .
ATIACBMENT "n"
EXHIBIT C
ARROYO GRANDE POLICE DEPARTMENT
REQUEST FOR PROPOSAL
q ,
I represent the finn of /( 0... '^ r z::.. 70 W I h.5 ,<C .4 e. COt .J 'f' I' Y
Address 9Zs"..3 5 S/ TAt'.s~ ""..4 ~Od~/' l3/!?ccA. ~ c; 3 Y 33
Telephone :$"05- ~ (<'9 -..:< 5"3 ~ Dr 0/'7 $1- .l./y- $"0
I am the licensed operator of the above tow service and my business is located within five (5)
miles of the City of Arroyo Grande.
I am interested in entering into a contract with the City of Arroyo Grande for towing and storage
of vehicles for the period of October 27, 2003 to October 26, 2005. My fees for perfonning
these services are as follows:
1. Vehicle hook up & tow, up to 3 miles - Days 1/ ';).0 ~
2. Vehicle hook up & tow, up to 3 miles - Nights I ;)..tJ -
3. 4 x 4 truck hook up & tow, up to 3 miles - Days I;lO -
/I:J.c, -
4. 4 x 4 truck hook up & tow, up to 3 miles - Nights
,
/140 -
5. Truck towing, 1 ton or more, up to 3 miles - Days
6. Truck towing, 1 ton or more, up to 3 miles - Nights /I '-/.s- -
7. Hook up & dolly towing per mile - Days ~
8. Hook up & dolly towing per mile - Nights 4C
9. Motorcycle hook up & tow, up to 3 miles - Days ~ ~S--
10. Motorcycle hook up & tow, up to 3 miles - Nights i ;"S- -
11. Winching minimum charge -I/O - per hour H4.X -7'0 -
12. Up righting overturned vehicle -//~ -
13. Moving vehicle to towing position A/ICJ
14. Clean up accident scene - Minimum ;J>~- ~
f
15. Clean up accident scene - Maximum #27-
16. Standby time per hour - Minimum $/0 -
17. Standby time per hour - Maximum ~;2.2 -
18. Storage outside per day ~
19. Storage for vehicles towed per Vehicle Code Section 14602.6 1/8'"-
(30 day impound)
20. Storage for vehicles towed per Vehicle Code Section 14607.6
(F orfei ture) I/<td' -
21. Storage inside per day . I ;(A -
22. Drive shaft removal 1,/0 -
23. Unlock vehicles- Days :# ~o- -
24. Unlock vehicles - Nights' r1..s- -
25. Opening fee (after hours) #30 --
If accepted by the City, I hereby agree to abide by the mles and regulations relative to the
operation of tow tmcks and maintenance of storage facilities used to store the vehicles.
Submitted by ft},/<:'t- /!rM6/'I..-.$ hI" 6_~/h t'r
Representing .RIA /;L I- i!: r::: U/./;..~ ~ I<ct:!. t1Vl " Y
.
Date /0-/-03
-
8.g.
MEMORANDUM
TO: CITY COUNCIL
RICK TerBORCH, CHIEF OF POLICE (}51
FROM:
SUBJECT: CONSIDERATION OF DISPOSAL OF SURPLUS BICYCLES
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council adopt a resolution declaring the listed bicycles as
surplus for donation to the San Luis Obispo County Sheriffs Office to be refurbished and
donated to needy children.
FUNDING:
There are no costs to the City associated with this proposal. In that it has been the City
Council's past policy to donate the bicycles to the Sheriffs Office, the City does not budget
any revenues to be derived from a bicycle auction.
DISCUSSION:
As has been done in past years, the Police Department is requesting that all unclaimed
bicycles that have been in the Department's custody in excess of 90 days be declared
surplus. These bicycles have been turned in over the past year as found or were reported
stolen and recovered by the Police Department. Attempts to locate owners and/or return
the bicycles to their owners have been made, but the bicycles remain unclaimed. Due to
limited storage space for bicycles, it is necessary to dispose of those bicycles held in
excess of 90 days.
Upon being declared surplus, the bicycles will be donated to the Sheriffs Department.
There the bicycles will be renovated by prisoners at the County Sheriffs Honor Farm and
subsequently donated to needy children during the Holiday Season. In past years, some of
these donated bicycles have been returned to the Police Department to be given as gifts to
needy children during the "Santa Cop" Program.
The surplus bicycles are:
CASE # MANUFACTURER SERIAL # COLOR
0301294 Mongoose M02000718 Black
0300911 Huffy None Found Black
0300874 Primo U9827188 Blue
""".-
CITY COUNCIL
CONSIDERATION OF DISPOSAL OF SURPLUS BICYCLES
OCTOBER 14, 2003
PAGE 2
CASE # MANUFACTURER SERIAL # COLOR
0300870 Huffy 9302224582 Orange
0300812 KTS 7U725491 Green
0300663 Roadmaster MOO017828 Purple
0300620 Huffy 9079127941 White
0300446 Pacific OM80617839 Chrome
0300583 Giant GY824156 Black
0300366 Montagna F7067617 Blue
0300208 Specialized GNOO0890 Red
0300262 La Crusin C990325862 Red
0201866 GT 005373 Blue
0300722 Unknown None Found Black
ALTERNATIVES:
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 DECLARING SURPLUS PROPERTY TO
BE DONATED TO THE SAN LUIS OBISPO COUNTY
SHERIFF'S DEPARTMENT PROGRAM TO REFURBISH
BICYCLES FOR NEEDY CHILDREN
WHEREAS, the City of Arroyo Grande has certain bicycles that have been turned in to the
Police Department as found items, or for other reasons, and not claimed by the owners;
and
WHEREAS, the San Luis Obispq County Sheriffs Department is conducting a program to
rehabilitate bicycles and donate them to needy children; and
WHEREAS, in past years, some of these donated bicycles have been returned to the
Arroyo Grande Police Department to be given as gifts to needy children during the "Santa
Cop" Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does declare as surplus the property listed in Exhibit "A" attached hereto and incorporated
herein; and
BE IT FURTHER RESOLVED that the bicycles declared herein as surplus be donated to
the San Luis Obispo County Sheriffs Department for rehabilitation and distribution to
needy children.
On motion of Council Member ,seconded by Council Member , and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,
2003.
--.-.. ,,-~--
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
.
EXHIBIT "A"
The following listed bicycles'have been held for 90 days or longer with no owners located.
It is requested that these case numbers be declared as surplus, to be turned over to the
Sheriffs Department to be refurbished for needy children:
CASE # MANUFACTURER SERIAL # COLOR
0301294 Mongoose M02000718 Black
0300911 Huffy None Found Black
0300874 Primo U9827188 Blue
0300870 Huffy 9302224582 Orange
0300812 KTS 7U725491 Green
0300663 Roadmaster MOO017828 Purple
0300620 Huffy 9079127941 White
0300446 Pacific OM80617839 Chrome
0300583 Giant GY824156 Black
0300366 Montagna F7067617 Blue
0300208 Specialized GNOO0890 Red
0300262 La Crusin C990325862 Red
0201866 GT 005373 Blue
0300722 Unknown None Found Black
8.h.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE SPRING 2003 SLURRY
SEAL PROJECT, PW 2003-04
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council:
A. accept the project improvements, as constructed by Intermountain Slurry Seal, Inc., in
accordance with the plans and specifications for the Spring 2003 Slurry Seal Project;
B. direct staff to file a Notice of Completion; and,
C. authorize release of the retention of $15,773.34, thirty-five (35) days after the Notice of
Completion has been recorded, if no liens have been filed.
FUNDING:
On June 24, 2003, the City Council awarded the Spring 2003 Slurry Seal Project to
Intermountain Slurry Seal, Inc. in the amount of $143,441.79 and authorized a contingency
of $14,344.00 to be used for unanticipated costs during the construction phase of the
project. The total construction budget was $157,785.79 and the final adjusted contract
amount was $157,733.41. The FY 2003-04 Budget includes $191,436 for this project.
DISCUSSION:
Intermountain Slurry Seal, Inc. has completed all items of work on the 2003 Spring Slurry
Seal Project in accordance with the plans and specifications. This phase of the project
applied 146,050 square yards of slurry seal onto selected streets in the eastern portion of
the City and completes a major portion of the five-year slurry seal application detailed in the
Pavement Management Program. Slurry seal is a preventative measure that involves the
placement of a liquid asphalt and fine aggregate membrane over the surface of the
pavement. Performing slurry sealing on streets on a continual five to seven year cycle can
greatly prolong the life of the roadway.
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE OF THE SPRING 2003 SLURRY SEAL PROJECT
PW 2003-04
OCTOBER 14, 2003
PAGE 2
Staff is recommending the Council accept the improvements as constructed, authorize staff
to file a Notice of Completion, and release the remaining portion of the 10% retention
($15,773.34), to Intermountain Slurry Seal, Inc. thirty-five (35) days after the Notice of
Completion has been recorded, if no liens are filed.
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; or
. Provide direction to staff.
Attachment:
1. Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO: ATTACHMENT 1
CITY CLERK
CITY OF ARROYO GRANDE
P.O. BOX 550
ARROYO GRANDE, CA 93421
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe.
2. The FULL NAME of the OWNER is: The City of Arrovo Grande
3. The FULL ADDRESS of the OWNER is: 214 East Branch Street. Arrovo Grande. California 93420
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT
TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred
subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED September 12. 2003
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Intermountain Slurrv Seal. Inc.
9. The street address of said property is: None
10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of
California, and is described as follows:
Svrinf! 2003 Slurry Seal Capital Improvement Pro;ect. PW 2003-04
Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State ofCalifomia that I am
the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I
know and understand the contents thereof, and the facts stated therein are true and correct.
Don Spagnolo, PE, Director of Public Works/City Engineer
October 14,2003, Arroyo Grande, California
-- END OF DOCUMENT --
----_.~._._.__.
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE UPDATED CITY
OF ARROYO GRANDe PUBLIC WORKS STANDARD PLANS
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council adopt a resolution updating the City of Arroyo Grande
Public Works Standard Plans.
FUNDING:
There are no fiscal impacts.
DISCUSSION:
The Public Works Department routinely maintains Standard Plans for the construction of
City infrastructure improvements. The Standard Plans set the minimum acceptable
construction requirements and are essential to ensure regulatory compliance and
consistency of projects throughout the City. The Standard Plans cover a wide range of
elements, including street improvements, sewer and sanitation, water distribution facilities,
flood control and storm drain facilities, landscape and irrigation systems, and general
facilities.
The Public Works Department periodically updates the Standard Plans to reflect changes
in technology, public law, and/or equipment availability. The last revision to the Standard
Plans was adopted by City Council Resolution No. 2430 on November 16,1990.
The City's Standard Plans consist of a combination of the "Greenbook" standard plans,
supplemental plans specific to the local area and City construction requirements. This
latest update incorporates the 2003 Edition of the "Greenbook" Standard Specifications for
Public Works Construction, written and promulgated by the American Public Works
Association (APW A), with recent updates to include provisions for the National Pollution
Discharge Elimination System (NPDES) Storm Water Phase II criteria recently approved by
Council.
CITY COUNCIL
ADOPTION BY RESOLUTION THE UPDATED CITY OF ARROYO GRANDE PUBLIC
WORKS STANDARD PLANS
OCTOBER 14, 2003
PAGE 2
Copies of the updated standards are available to the public through the Public Works
Department or from an electronic format from the City's internet website.
Due to the size of the Standard Plan document, it is available for review at the Public
Works Department.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Adopt the resotution approving the Standard Plans;
. Do not approve the Standard Plans as presented;
. Modify as appropriate and approve staff's recommendation; or
. Provide direction to staff.
-'--'---'-
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING UPDATED CITY OF
ARROYO GRANDE PUBLIC WORKS - STANDARD
PLANS
WHEREAS, Section 13.20.010 of the City of Arroyo Grande Municipal Code enables
the City Council to establish, by resolution, the rules, regulations, and specifications for
construction within the City; and,
WHEREAS, the City has conducted a thorough review and has updated the City's
Standard Plans to reflect changes in technology, public law, and equipment availability.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo
Grande hereby adopts the updated City of Arroyo Grande Public Works Standard Plans.
This resolution shall supersede Resolution No. 2430.
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
9.a.
NOTICE OF PUBLIC HEA.RlNGS
CITY OF ARROYO GRANDE
PLANNING COMMISSION & CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Planning Commission and the City Council of the City of
Arroyo Grande will hold a Public Hearings on the following item:
.
Staff Project Case No. 03-019, Planned Development Revision; Applicant - Wal-Mart;
Location - 1168 W. Branch Street. The Planning Commission will recommend and the City
Council will consider an application for Planned Development Revision for Wal-Mart loading and
trash enclosure modifications. The project proposes a 12 foot tall screening wall to enclose an
enlarged trash and loading area at the northwest corner of the rear of the store to minimize visual
and noise exposure to nearby homes based on prior citizen complaints and code enforcement.
Landscape and related improvements will also be included between the wall and existing driveway
parallel to Camino Mercado.. The store is located in the Planned Development PO 1.2 zoning
district
WHEN: PLANNING COMMISSION - TUESDAY OCTOBER 7, 2003 - 6:00 P.M.
CITY COUNCIL - TUESDAY OCTOBER 14, 2003 - 7:00 P.M.
WHERE: CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CA 93420
In compliance with the California Environmental Quality Act, the Community Development
Department has determined that the proposed project is categorically exempt under Section
15315 of the CEQA Guidelines.
Any person affected or concerned by this application may submit written comments to the
Community Development Department before the Planning Commission and City Council hearings
in SUPPQrt of or opposition to the project and the environmental impacts at the time of hearings.
Any person interested in the proposed modifications can contact 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., Monday through Fridayf 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.
4;f~~
Lyn Reardon-Smith, Commission Secretary
- ---.~.__._......-
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ~s,
SUBJECT: CONSIDERATION OF PLANNED DEVELOPMENT REVISION FOR
WAL-MART LOADING AND TRASH ENCLOSURE MODIFICATIONS
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council approve Architectural Review Case No. 03-010/
Staff Project Case No. 03-019 for a Planned Development revision for Wal-Mart loading
and trash enclosure modifications located at 1168 West Branch Street.
FUNDING:
No fiscal impact.
DISCUSSION:
Backoround
1999 During the Christmas season, as many as 89 pallets were stacked at the rear
of the store. As a result, the City received a number of neighborhood
complaints.
2001 Problems with storage of pallets and merchandise at rear of store during
Christmas season resulted in additional neighborhood complaints. The
loading dock was full of pallets and cardboard bales. See Attachment 2.
7/2002 to 12/2002
Increased noise and storage problems occurred adjacent to the rear access
door. Merchandise was being stored and maneuvered outside of loading
docks. Storage problems continued from September through December. A
great deal of the merchandise was moved off-site to warehouses, but
unloading deliveries was a problem, resulting in further neighbor complaints.
See Attachments 3 & 4.
2/2003 Staff met with Wal-Mart District Managers and discussed changes to the
loading dock area. Landscaping changes were made, but noise and storage
problems continued. Wal-Mart agreed to submit plans for changes to the
loading dock area for review.
8/2003 No plans were submitted for changes to loading dock.
CITY COUNCIL
CONSIDERATION OF PLANNED DEVELOPMENT REVISION FOR WAL-MART
LOADING AND TRASH ENCLOSURE MODIFICATIONS
OCTOBER 14, 2003
PAGE 2
9/2003 Staff met with Wal-Mart representatives at the loading dock area.
(Construction Manager, District Manager, Store Manager, Architect.)
Status
Wal-Mart has now prepared detailed plans requested by the City to correct the noise
and outdoor storage and inadequate trash enclosure, as well as screened rear door
loading and truck parking. The 12-foot tall, 160-foot long wall parallel with the rear of
the existing store and truck loading area will include landscape area adjoining the
driveway. Color and materials will conform to the existing.
Both the ARC and Planning Commission, on October 6 and 7, unanimously
recommended the proposed enclosure modifications as correct (the elevations depicted
the wrong location, but the correct height and length of the new wall). Staff will present
the corrected plans at the Council meeting and considers this modified enclosure
necessary to screen loading and materials to benefit the residential neighbors.
Public Comment
A public notice was sent to 14 property owners within 300 feet of the proposed project
and a Public Hearing Notice was placed in the Times-Press-Recorder.
Environmental Review
Staff has reviewed this project in compliance with the California Environmental Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for
Implementation of CEQA. Based on the review, staff has determined that the proposed
project is Categorically Exempt per Section 15301 of the CEQA Guidelines.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Approve the Planned Development revision for Wal-Mart's trash and rear
loading enclosure.
- Do not approve the Planned Development revision and provide direction to
applicant and staff for alternative code compliance measures.
Attachments:
1. Photos of pallets and merchandise storage
2. Project Plans
2001
.~
..,~,' waf.Mart
;;?!;',:,;
,:'\
12/2102
1168 W. sranch street
ArroYo Grande
I.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 separate Public Hearings in the City Council Chambers, 215 E. Branch Street, Arroyo Grande,
to consider the following item:
CASE NO. Development Code Amendment No. 03-006
APPLICANT: City of Arroyo Grande
LOCATION: Vicinity of Traffic Way and Station Way, City of Arroyo Grande
PROPOSAL: Consideration of proposed Ordinance:
For the Traffic Way Corridor - amending the Zoning Map and Arroyo
Grande Municipal Code Title 16, Chapters 16.08 and 16.36 to rezone a
portion of the Highway Commercial, General Commercial and Village Mixed
Use Districts to Traffic Way Mixed Use, and revise Design Overlay 2.11 to
establish Design Guidelines and Standards for proposed Design Overlay
2.11 including requirements. affecting auto-related and visitor serving uses
and shared parking locations.
For the vicinity of Station Way - amending Arroyo Grande Municipal
Code Title 16, Chapter 16.08 to replace Design Overlay 2.11 and establish
Design Guidelines and Standards for proposed Design Overlay 2.2.
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
Any person affected or concerned by these proposals may submit written comments to the Community
Development Department before the City Council hearing, or appear and be heard in support of or opposition
to the proposals at the time of hearing. Information relating to these proposals are available at the
Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by
telephone at (805) 473-5420 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposed project
applications are 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 hearings described in this notice, or in written correspondence delivered to the City
Council at, or prior to, the public hearings. Failure of any person to receive the notice shall not constitute
grounds for any court to invalidate the action of the legislative body for which the notice was given.
Time, Date and Place of Hearings:
PLANNING COMMISSION: TUESDAY, SEPTEMBER 16, 2003 AT 6:00 P.M.
SPECIAL MEETING
CITY COUNCIL: TUESDAY, OCTOBER 14, 2003 AT 7:00 P.M.
ISI
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
Publish 1T, 1/8 page, Friday, September 2,2003
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MEMORANDUM
TO: CITY COUNCIL s..
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 03-006
PROPOSED ORDINANCE AMENDING THE ZONING MAP AND
PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL
CODE FOR THE TRAFFIC WAY AND STATION WAY AREA
INCLUDING TRAFFIC WAY MIXED USE DISTRICT AND REVISING
DESIGN GUIDELINES AND STANDARDS FOR DESIGN OVERLAY
DISTRICT D-2.11
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council:
1. Open the Public Hearing on the Architectural Review Committee and Planning
Commission recommendations for Development Code Amendment Case No.
03-006;
2. Introduce an Ordinance amending portions of Title 16 of the Arroyo Grande
Municipal Code (Development Code Amendment 03-006), rezoning a portion of
the Highway Commercial, General Commercial and Village Mixed Use Districts
to Traffic Way Mixed Use; and
3. Continue the Public Hearing on the Design Guidelines and Standards for Design
Overlay District 0-2.11 to the December 9, 2003 regular City Council meeting.
FUNDING:
No fiscal impact.
DISCUSSION:
Backqround
The Planning Commission initiated this Development Code Amendment on August 5,
2003 as part of the Citywide Update Program. Staff conducted a workshop with
business and property owners on August 17. The ARC and Planning Commission have
held public hearings and considered the proposed Development Code Amendments on
September 8, September 16, and October 6 and 7, 2003. Both advisory bodies have
concluded recommendations on the Traffic Way Mixed Use (TMU) zoning district for
appropriate permitted and conditional uses, and development standards.
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 03-006
OCTOBER 14, 2003
PAGE 2
Amendments to Municipal Code:
The proposed revisions to the Development Code, which is contained within Title 16 of
the Municipal Code, are contained in Exhibit B of the Ordinance. (Note: because
sections are in legislative format some formatting issues remain and will be addressed
in final production of the documents.)
Chapter 16.24 Zoning Districts Designated - designates the Traffic Way Mixed Use
(TMU) zoning district.
Chapter 16.36 Commercial and Mixed Use Districts -permitted uses and development
standards have been developed for the proposed TMU district. No residential density
allocation is designated, however live-work units are allowable at a density determined
through discretionary action. Regarding development standards; building height
remains at 30 feet, but allows three-stories with a 36 foot maximum available for visitor
serving uses as determined through discretionary review, a setback range is depicted
instead of a minimum yard requirement with exceptions available for outdoor uses and
existing restrictions for mixed use lots that are adjacent to residences, and the lot
coverage and floor area ratio has been increased. (Note: eventually, after Development
Code amendments have been processed for the other commercial districts, the current
tables will be entirely replaced with the proposed version.)
The ARC continued revisions to the Design Guidelines and Standards for Design
Overlay District 0-2.11 to October 20, and the Planning Commission's recommendation
was to continue consideration of the Design Guidelines and Standards to December 2,
2003. Attachments include the staff report to the ARC and Planning Commission.
This Public Hearing was advertised for Council consideration of both the proposed
Traffic Way Mixed Use district regulations and the revised Design Guidelines and
Standards for 0-2.11. It is recommended that the City Council: 1) open the hearing and
allow public comment; 2) introduce the Ordinance amending the zoning map and land
use regulations for Traffic Way Mixed Use; and 3) continue the Public Hearing on the
Design Guidelines and Standards for Design Overlay District 0-2.11 to the December 9,
2003 regular City Council meeting in order to consider the ARC and Planning
Commission recommendations. Before the Public Hearing is opened, staff will be
prepared to explain the proposed phasing of this item and the need for a continued
Public Hearing.
Public Comment
Staff held a public workshop for business owners and the public on August 17, 2003 to
facilitate discussion and receive public input on preliminary concept plans. On
September 5,2003,285 notices were mailed out to owners of properties within 300 feet
of the area proposed for amendment. Additional public comment was heard at the
Planning Commission meetings of September 16 and October 7,2003.
-_._~_.-
-
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 03-006
OCTOBER 14, 2003
PAGE 3
Environmental Determination
The proposed change of zone and revisions to Title 16 are within the scope of the
Program EIR prepared for the 2001 General Plan Update and the potential
environmental impacts of the proposed amendments are determined less than
significant.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Open the Public Hearing on ARC and Planning Commission
recommendations, introduce the ordinance and continue the Public Hearing
on the Design Guidelines and Standards.
- Open the Public Hearing and continue consideration of the Ordinance and
Design Guidelines and Standards to December 9, 2003.
- Provide direction to staff and Planning Commission for Council changes and
refer back to Planning Commission for review and comment.
Attachments:
1. Planning Commission and ARC Staff report.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE
AMENDMENT 03-006), REZONING A PORTION OF THE HIGHWAY
COMMERCIAL, GENERAL COMMERCIAL AND VILLAGE MIXED
USE DISTRICTS TO TRAFFIC WAY MIXED USE
WHEREAS, the City Council adopted the updated General Plan which became effective
October 9, 2001 and requires a comprehensive review and necessary revisions to the
Development Code and zoning map for consistency in accordance with Government Code
Section 65860; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan in
meeting the needs and desires of the residents and the community; and
WHEREAS, the City staff held a public workshop on August 14. 2003 to facilitate public
comment and the City Planning Commission held a duly noticed public hearing on
September 16, 2003, and recommended certain amendments to the Development Code
concerning the Mixed Use land use designation for the purposes of General Plan
consistency and implementation of its goals and policies; and
WHEREAS, the City Council has considered Development Code Amendment 03-006 at a
duly noticed public hearing on October 14, 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, Planning Commission recommendations, 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 change in zone and revisions to Title 16 will satisfy Objective LU5-5
of the Land Use Element of the General Plan, which requires the City to "define
different Mixed Use overlay or combining designations concurrent with
Development Code revision for General Plan consistency to ~Iarify allowed,
conditionally permitted and prohibited uses in each MU subarea", and; LU5-8 which
states that the Mixed Use corridors are to "provide for different combinations,
configurations and mixtures of commercial, office and residential uses designating
the East Grand Avenue, EI Camino Real and Traffic Way corridors as Mixed Use
(MU)" and is therefore desirable to implement the provisions of the General Plan.
-
ORDINANCE NO.
PAGE 2
B. The proposed change in zone and revisions to Title 16 reflect that both the existing
zones and proposed zones are predominantly commercial, contain historical
residential use, promote continued mixed use- and will not adversely affect the
public health, safety, and welfare or result in an illogical land use pattern.
C. The proposed change of zones and revisions to Title 16 satisfy Section 16.36.010 of
the Development Code, which states "It is the purpose of this chapter to provide
regulations that implement those goals, objectives and policies, and that are aimed
toward the provision of adequate and appropriate commercial areas within the City".
D. The proposed change of zones and revisions to Title 16 are within the scope of the
Program EIR prepared for the 2001 General Plan Update, and the potential
environmental impacts of the proposed amendment are less than insignificant.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Section 16.24.020 (Zoning Map) is hereby
amended as shown in Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3: Arroyo Grande Municipal Code Sections set forth herein below are hereby
amended as shown in Exhibit "B" attached hereto and incorporated herein by this reference:
a. Amend subsection C. to Section 16.24.010;
b. Add a new subsection F. to Section 16.36.020;
c. Existing 16.36.020 subsection F. shall be renumbered as subsection G.
d. Existing 16.36.020 subsection G. shall be renumbered as subsection H.
e. Existing 16.36.020 subsection H. shall be renumbered as subsection I.
f. Add Table 16.36.020 D.;
g. Amend Table 16.36.030-A1 in its entirety.
SECTION 4: 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: 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.
-
ORDINANCE NO.
PAGE 3
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
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
.'
ORDINANCE NO.
PAGE 4
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
-------,.----...
EXHIBIT A
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EXHIBIT B
16.24.010 C. Commercial and Mixed Use Districts:
1. General commercial (GC) district;
2. Village Core Downtown (VCD) district;
3. Village Mixed Use (VMU) district;
4. Office professional (0) district;
5. Highway commercial (HC) district.
6. Traffic Way Mixed Use (TMU) district.
16.36.020 F. Traffic Way Mixed Use (TMU) District. The primary purpose of the TMU
district is to provide for vehicle sales and services, related retail and office uses and
visitor serving facilities convenient to both freeway traffic and vehicles or pedestrians
from the nearby Village area. Development standards and design guidelines are
intended to enhance this spedalized mix of uses at the southern gateway to Arroyo
Grande which include automobile and small truck sales and service, equipment rental,
repair and related services, offices, wholesale and retail sales including outdoor display,
motels, restaurants and limited residential uses functioning as live-work units. The TMU
district implements and is consistent with the Mixed Use land. use category of the
General Plan. See Table 16.36.030-A-1 for allowable uses and Table 16.36.020-0 for
site development standards.
Table 16.36.020-D Traffic Way Mixed Use
1 . Maximum Density Mixed Use Projects New residential limited to live-work units in
conjunction with allowed uses. Density
determined by discretionary action.
2. Minimum Lot Size 10,000 square feet (gross). ,
3. Minimum Lot Width 80 feet --- _._._._._.._-----_..~- I
4. Front Yard Setback o - 15 feet. Exceptions may include areas for
outdoor sales determined through discretionary
action.
5. Rear Yard Setback 0- 15 feet (note provisions in 16.36.020.H)
6. Side Yard Setback o feet (note provisions in 16.36.020.H)
7. Street Side Yard Setback o - 15 feet. Exceptions may include areas for
outdoor sales determined through discretionary
action.
8. Building Size Limits Maximum height is 30 feet or three stories,
whichever is less; a maximum of 36 feet is
allowable through the CUP process for visitor
serving uses.
Maximum Building Size is 50,000 square feet;
a greater size may be allowed through the CUP
process.
9. Site Coverage and Floor Area Ratio Maximum coverage of site that may be covered
by structures and pavement is 75%.
Maximum Floor Area Ratio is .75.
10. Site Design and Signs See Design Guidelines and Standards 0-2.11.
Additional sign standards also in Section 16.60.
11. Off-Street Parking and Loading See Design Guidelines and Standards 0-2.11
Exhibit 'A' for shared parking locations. See
Also Section 16.56.020. Exceptions allowed by
Section 16.16.120.
j;. G. Historic Character Overlay (HCO) District. The primary purpose of the historic
character overlay (HCO) district is to identify, promote, preserve and protect the
historic, cultural, and/or architectural resource values and encourage compatible
uses and architectural design. The architectural review committee is responsible
for advising the community development director on historic, cultural, and/or
architectural component of projects. The historic character overlay district
implements and is consistent with the village core land use category of the
general plan.
G.,. H. General Requirements.
1. The creation of new lots within mixed use or commercial districts following
the date of adoption of this title shall conform to the minimum dimensions,
except in the case of condominium lots or individual lots within a shopping
center, in which case minimums shall be established by Conditional Use
Permit and/or subdivision map approval provided:
a. A conceptual development plan for the entire center has been approved
pursuant to the provisions of this title;
b. Appropriate easements for reciprocal access, parking and maintenance
are recorded, and maintained.
t=hl. Special Requirements Mixed Use and Commercial districts.
1. Unless specified differently in section 16.36.020, wherever a lot in any
mixed use or commercial district abuts a lot in any residential district, a
minimum building setback of twenty (20) feet measured from the property
line shall be required for proposed commercial use. A minimum of ten (10)
feet of this setback area shall be landscaped; the remaining area may be
used for required off-street parking.
2. Unless specified differently in section 16.36.020, in any mixed use or
commercial district, a two-story addition closer than fifty (50) feet to an
existing single-family residence shall require a minor use permit prior to
issuance of a building permit.
3. Where off-street parking areas are situated such that they are visible from
the street, an earthen berm, wall, or combination wall/berm three feet in
height shall be erected within the required landscape area to screen the
parking areas.
4. In all mixed use or commercial districts, required front and street side
building setback areas shall be landscaped. The landscaping shall consist
predominantly of plant materials except for necessary walks and drives. A
minimum landscaped area five (5) feet in depth shall be provided between
the property line and the off-street parking area, with additional landscaped
area between the parking area and the building, unless otherwise approved
by Minor Use Permit.
5. A street side building setback area shall be used only for landscaping,
pedestrian walkways, or driveways. Required rear and interior side building
setback areas shall be used only for landscaping, pedestrian walkways, or
driveways, unless otherwise approved by Minor Use Permit.
~
Table 16.36.030-A1
Uses Permitted Within Commercial and Mixed Use Districts (Development Code
Update 2003)
Uses Permitted Within Mixed Use and Commercial Districts
VCD = Village Core Downtown
VMU = Village Mixed Use
TMU = Traffic Way Mixed Use
HCO = Historic Character Overlay District (Design Overlay District 2.4)
P = Permitted Use MUP = Minor Use Permit
CUP = Conditional Use Permit NP = Not Permitted
PED = Not permitted in pedestrian oriented storefront locations
Table 16.36.030-A1
Allowed Land Uses Permit Required By District Specific Use
and Permit All new commercial buildinQs require a Conditional Use Permit. Standards
Requirements
TMU MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
LAND USE D-
D-2.11 2.11
HCO D-2.4
A. Servi.ces - Business, Financial, Professional
ATM P MUP MUP
Bank MUP MUP MUP
Financial Services
Medical Services - MUP MUPI MUP
doctor's office PED
Medical Services - MUP CUPI MUP
clinic, lab, urgent care PED
Medical - hospital NP NP NP
Office - accessory P MUP MUP
Office - government CUP MUP MUP
Office - processing CUP CUP MUP
Office - professional MUP MUP MUP
Veterinary clinic, CUP NP CUP
animal hospital
B. Services - General
Adult day c~re - NP MUPI MUP 16.52.120
14 or fewer clients PED
Adult day care - NP NP NP 16.52.120
15 or more clients
Automotive and MUP NP NP 16.52.210
vehicle services -
Major repair or body
work
Automotive and MUP NP NP 16.52.210
vehicle services -
minor maintenance or
repair including tire
services -------~.._-----
-
Allowed land Uses Permit Required By District Specific Use il
and Permit All new commercial buildings require a Conditional Use Permit. Standards il
Requirements
LAND USE TMU MU-2 MU-4 MU.6 VCD VMU MU-5 MU-3 OP RC
D-
D-2.11 2.11
HCO D-2.4
Catering services MUP MUPI MUP
PED
Child day care center - NP MUPI MUP
14 or fewer PED
Child day care center - NP MUPI MUP 16.52.120
15 or more PED
Drive-through services CUP NP CUP I
I
Equipment rental CUP NP CUP
Kennel, animal CUP NP CUP 16.52.100 I
boarding I
Lodging-Bed & MUP MUP MUP 16.52.080 I
breakfast inn
Lodging-Hotel or motel CUP CUP CUP
Lodging-Recreational NP NP NP
Vehicle (RV) Park
Maintenance services- MJJ.f NP MUP 'i
client site services
Mortuary, funeral NP NP NP I
home
Personal services MUP MUP MUP
Personal services- CUP NP NP 16.52.030
Restricted .
Public safety facility E MUPI P
PED
Repair service- MUP NP CUP
Equipment, large
appliances, etc.
Social services CUP NP CUP
organization
T ele-communication MUP NP CUP ,I
facilities (commercial) !
C. Industry, Manufacturing & Processing, Wholesaling, Storage
Agricultural product CUP NP CUP
processing
Construction NP NP NP
contractors
Furniture and fixtures NP NP NP
manufacturing, cabinet
shop
Industrial research and NP NP NP
development
Laboratory - Medical, CUP NP NP
analytical. research
and development
Manufacturing! NP NP NP
processing - Heavy
Manufacturing or CUP NP NP
Processing - Light
Printing and publishing MUP NP NP
Recycling - scrap and NP NP NP
dismantling yard
-
Allowed land Uses Permit Required By District Specific Use
and Permit All new commercial buildings require a Conditional Use Permit. Standards
Requirements
LAND USE TMU MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
D-
D-2.11 2.11
HCO D-2.4
Recycling - Small MUP MUP MUP I
collection facility IPED
Storage - Outdoor MUP NP NP
Storage (mini - NP NP NP
storage)
Wholesaling and CUP NP NP I I
distribution
Winery CUP NP NP
D. Retail Trade
Accessory retail uses E P P Subject to
Business
License
clearance
Alcoholic beverage CUP CUP CUP
sales
Artisan shop MUP MUP MUP
Auto, vehicle and MUP NP NP 16.52.060
heavy equipment sales 16.52.070
& rental
Auto, vehicle parts MUP NP NP
sales wI installation
services
Building and MUP CUP CUP
landscape materials.
sales-indoor
Convenience store MUP MUP MUP
Drive-through retail CUP NP NP
Extended hour retail MUP MUP MUP
Farm supply and feed CUP NP CUP
store
Farmers market MUP MUP MUP
Fuel dealer CUP NP NP
(propane for home and
farm use)
Gas station CUP NP NP 16.52.170
General retail-5,OOO sf MUP P P Subject to
or less Business
License
clearance
General retail- CUP MUP CUP
5,001 to 19,999 sf
General retail- MUP NP NP Note: Maximum
20, 000 sf to 102,500 Building Size
sf per/district and
Section
16.52.220
Groceries, specialty MUP CUP CUP
foods-20, 000 sf or
less
Groceries, specialty CUP NP NP Note: Maximum
foods 20,000 sf to Building Size
102,500 sf per/district and
I I I I Scd'vl II
I 16.52.220
..
Allowed Land .uses Permit Required By District I Specific Use ii
and Permit All new commercial buildings require a Conditional Use Permit Standards
Requirements
LAND USE TMU MU-2 MU-4 MU-6 VCD VMU MU.5 MU-3 OP RC
D-
D-2.11 2.11
HCO D-2.4
Outdoor retail sales MUP MUP MUP
and activities
--
Mobile home, boat, or CUP NP NP
RV sales
Produce stand MUP MUP MUP
Restaurant, cafe. MUP MUP MUP 16.52.180
Coffee shop
Restaurant, drive- CUP NP NP 16.52.090
through fast food
Second hand store NP MUP MUP
Shopping center NP NP CUP
Warehouse retail CUP NP NP 16.52.160.
E. Recreation, Education & Public Assembly Uses
Bar/tavern/nightclub CUP I CUP CUP I I I 1------- ..
Club, lodge, private MUP I ! I MUP CUP I I
. I I . I
meehng hal : . I I I i I "----
Commercial .r~creation MUP II I I \ CUP CUP I .1 I. I
or sports facIlity - .!! I I I II:
Indoor i ' I I I. I
, I ! --:- . I I
Commercial recreation CUP Iii I NP CUP I ! i II '
or sports facility - I 'I I ~_'
O~door ,
Community center CUP i CUP CUP I I' ----- -
--
Conference/ CUP I I CUP NP I
convention facility i I i
Equestrian facility CUP NP NP I:
Fitness/health facility CUP CUP CUP I ------ - ---
Library, museum CUP I! MUP MUP i ! i __ ____
Park, playground CUP CUP CUP I
Religious facility CUP I I ! CUPI CUP, :!'
I i PED. I
School- Elementary, NP I NP CUP I i -
middle, secondary I I '._____
School - Specialized MUP I CUPI CUP I
education/training I PED _L
Studio - art, dance MUP MUP MUP I
martial arts, music, etc. I . _ _ _
Theater, auditorium NP I CUP CUP , I
F. Residential Uses I
Assisted Living NP I i CUP CUP ! MU
Home occupation MUP I I I P P i II I MU--~--
i : i I I i 16.16.090
Live/work unit CUP CUP CUP __
Prohibited in conjunction with restricted personal services and vehicle maintenance! repair. Use
established in new or commercial buildings must comply with appropriate occupancy separation
requirements of the UBC. ____
Allowed Land Uses Permit Required By District Specific Use
and Permit All new commercial buildings require a Conditional Use Permit. Standards
Requirements
TMU MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
LAND USE D-
D-2.11 2.11
HCO D-2.4
Multi-family housing i I , I CUP I
I NP I ! ! i NP i MU II
- I i I
not located within a I I I
I i
mixed use proje~ t-----+----.---~_+_-.-+_--~----~-.-- I
Multi-family housing in i NP I I MUP I MUP I I
a mixed use project i I/PED -:-..j
Residential care facility NP i i MUP MUP I T
I i IPED i !
Residential care NP ! I 'CUPI CUP! -,-
-J I I I PED I i I I I
facility, 7 or more I I
clients I I : !
i -~--+-------t---+- i
-- I I i _.~- --..-
Single family NP I I. I i NP I MUP I ! I I
residential within a I I ,
mixed use project I i I ------"---~- I i , -'----. -- -- --------~-
G. Other uses similar to, and compatible with other uses identified above, as determined by the
Planning Commission, subject to a Conditional Use Permit or Interpretation
---. ------------- - - ---- .- . .-
A TT ACHMENT 1
HEARING DATE: OCTOBER 7,2003
AGENDA ITEM: II.C.
CITY OF ARROYO GRANDE
ARCHTECTURAL REVIEW COMMITTEE AND PLANNING
COMMISSION STAFF REPORT
CASE NUMBER: DCA 03-006
ApPLICANT: CITY OF ARROYO GRANDE
REPRESENTATIVE: ROB STRONG
PROJECT LOCATION: VICINITY OF TRAFFIC WAY AND STATION WAY
PROJECT DESCRIPTION: For the Traffic Way Corridor and Station Way Area -
Consideration of proposed Ordinance: amending the Zoning
Map and Arroyo Grande Municipal Code Title 16, Chapters
16.08 and 16.36 to rezone a portion of the Highway
Commercial, General Commercial and Village Mixed Use
Districts to Traffic Way Mixed Use (TMU); and revisions to
Design Overlay D-2.11 to amend Design Guidelines and
Standards for proposed Design Overlay-D-2.11 for both
the vicinity of Traffic Way and Station Way including
requirements affecting auto-related sales and services,
visitor serving uses, and shared parking locations.
PROJECT PLANNER: Teresa McClish
RECOMMENDATION
It is recommended the Architectural Review Committee and Planning Commission
review the attached ordinance for the proposed Traffic Way Mixed Use (TMU) district
and Design Guidelines and Standards for Design Overlay district D-2.11 and make a
recommendation to the City Counci.l.
BACKGROUND
On September 16, 2003, the Planning Commission reviewed the proposal for the
second phase of the Development Code update process relating to zoning revisions
and design guidelines and standards for the Traffic Way Corridor and the vicinity of
Station Way. The item was continued to allow the Architectural Review committee time
for further review of design issues; to allow more study relating to the commercial-
residential interface for the Traffic Way area and consider simplification/consolidation of
the Design Overlay districts D-2.11 and D-2.2.
pc ARC Staff Report1 00703A 10/8/03
-
The Architectural Review Committee (ARC) review~d the proposal on September 8,
2003 and recommended approving the zoning revisions. Several concepts were
discussed to augment the proposed Design Guidelines and Standard for the Traffic Way
and Station Way areas and that discussion was continued to the ARC meeting of
October 6,2003.
The 2001 General Plan Land Use Element designates the southern section of the
Traffic Way corridor as Mixed Use, a change from the previous land use designation of
General Commercial and Highway Commercial. Proposed Zoning revisions are
intended to implement and define the policies and goals of the General Plan land use
element including General Plan Policy LU5-5; "define different Mixed Use overlay or
combining designations concurrent with Development Code revision for General Plan
consistency to clarify allowed, conditionally permitted and prohibited uses in each MU
subarea", and; LU5-8 "provide for different combinations, configurations and mixtures of
commercial, office and residential uses designating the East Grand Avenue, EI Camino
Real and Traffic Way corridors as Mixed Use (MU)."
DISCUSSION
Simplification of the DesiQn Overlav Districts
The complexity of regulating multiple base zoning districts and design overlay districts is
a concern raised by Planning Commissioners at the September 16, 2003 meeting.
Currently there three base zoning districts and one design overlay district in the vicinity
of Traffic Way and Station Way. Zoning regulations are contained in Section 16.36 and
guidelines are contained as sections in a separate document which is incorporated by
reference into the Municipal Code. The proposal revises the base zoning districts and
amends Design Overlay district D-2.11 as follows:
Proposed Zoning Map Revision
FROM TO
Highway Commercial Traffic Way Mixed Use - Design
(HC-D-2.11 ) 001 > Overlay 2.11
General Commercial (TMU-D-2.11 )
(GC-D-2.11 )
Village Mixed Use nOI > Village Mixed Use -Design
(VMU-D-2.11 ) Overlay 2.11
(VMU-D-2.11 )
Ultimately, guidelines and standards for each overlay district will form a chapter in a
separate supplement to the Development Code. The reason for the design overlay
districts is to distinguish or enhance a specific neighborhood character. For example,
the Station Way area is zoned the same as the Village Core, however the building
design prevalent in the area is distinct and D-2.11 provides different design guidelines
and standards than the D-2.4 Historic Character Overlay district.
pc ARC Staff Report100703A Page 2 10/7/03
There are several alternatives that should be considered as part of the proposal and in
anticipation of upcoming Development Code revisions for the remaining Mixed Use
districts on E. Grand Avenue and EI Camino corridors as well as Mixed Use
designations off of W. Branch, Valley Road, Elm Street and the Pike.
A. Increase the number of zones to distinguish Mixed Use neighborhoods without
design overlay districts. Brief design standards for each Mixed Use zone
(besides the Village districts) would be included within the code section
pertaining to Mixed Use districts (Section 16.36) and specific uses would be
included in Section 16.52 (eg. Auto dealerships 16.52.060). Recent code
revisions included standards specific to all Mixed Use projects (16.48.065) and
special uses in specific Mixed Use districts (16.36.030B) which could be
augmented. The initial proposal divided D-2.11 into two Overlay Districts D-2.2
and D-2.11 ::: One alternative would be to repeal D-2.11 and integrate Design
Guidelines and Standards into more zoning districts:
Advantages include a less cumbersome code by reducing or eliminating most
Design Overlay through augmented specific use standards, (eg: adding a section
on Visitor Serving facilities to Chapter 16.52 and augmenting the existing Section
16.52.060 on Automobile dealerships, augmenting general standards for Mixed
Use projects in Section 16.48.065.
Disadvantages include more zoning districts; unique character sub-areas; and
less detail regarding building design for a different way to encourage uses
specific to certain properties, auto-retail or visitor serving for example, instead of
through a design overlay district. Consideration of a concept plan for a certain
area would not be facilitated with a design overlay district and would have to be
proposed through another planning process such as a specific plan.
S. Anot her alternative would be to decrease the number of base zoning districts and
increase the number of design overlay districts to characterize each area. Each
design overlay would require specific guidelines and standards contained as
chapters in a supplement to the Development Code.
In this alternative the Traffic and Station Way areas could involve two overlay
districts, D-2.2 and D2.11. Similarly, the East Grand Avenue corridor would be
zoned Mixed Use (MU) with up to three different overlay district designations (eg.
MU-D-2.22 for the Gateway area, MU-D-2.23 for the Midway area, and MU-
D.2.24 for the Highway area. Advantages include a simplified Development
Code. Disadvantages include a supplemental document including expanded
Design Guidelines and Standards for each area and more standards including
specific setbacks and building height for each overlay district.
PC ARC Staff Report1 00703A Page 3 10/7/03
.
C. A third alternative would be to eliminate design overlay districts, and create an
optional Design Element of the General Plan a!1d refine guidelines and standards
for mixed use (and eventually residential districts) which include sections on
gateways, public places, streets and specifics for certain character areas.
Advantages include a simplified Development Code. The disadvantages are
similar to Alternative 8 regarding the lack of a mechanism to enhance features
for specific properties, and another optional Element requiring a General Plan
Amendment.
Mixed Use - the Commercial/Residentiallnterface
Concerning the zoning revision for the Traffic Way area, there were issues raised
regarding compatibility between commercial and residential uses including setbacks,
building height, screening and lighting. Standards for Mixed Use projects have been
adopted and are included in section 16.48.065. For the Traffic Way area, the issue
centers primarily around auto-related uses on properties adjacent to residential
neighborhoods. Currently, Section 16.36.020.H.1. requires a 20 feet setback (with 10
feet of landscaping) for any lot in a Mixed Use or commercial district that abuts a lot in
any residential district. The proposal presented to the Planning Commission on
September 16, 2003 included setbacks of 10 feet for single story structures and 15 feet
for two-story structures. Uses not involving buildings would be considered by
Conditional Use Permit.
Given the generally larger lot sizes in the vicinity of Traffic Way, existing character and
the increased site coverage and floor area ratio proposed (from .5 to .75 and a FAR of
45% to 75%), the building height was proposed at 30 feet or two stories, which is the
existing height limit for the area. However, the height limit adopted for the proximate
Village Core Downtown and Village Mixed Use areas is 30 feet or three-stories
whichever is less, with a maximum of 36 feet allowable through the Minor Use Permit
process. Staff suggests consideration of a potential 36 foot height in the TMU at least
for visitor-serving uses.
Other Desiqn Issues
The Traffic Way area is proposed to be characterized by the building era of the 1920's
through 1970's (previously debated to be limited from the 1920's through 1950's).
Some guideline revisions were discussed specific to the auto-related era of the district.
Issues relating to auto-related uses adjacent to residential districts are addressed in
Section 16.52.060 and required by required Conditional Use Permits. Given the
cramped nature of the existing auto-retail uses on Traffic Way, the vehicle Display area
standard requiring a ten-foot landscape and decorative curb strip has not been
achievable. However, any expansion of existing auto-retailers will be considered by
conditional use permit and other effective design treatments that meet the requirements
of the guidelines and standards contained in Design Overlay 2.11.
pc ARC Staff Report1 00703A Page 4 10/7/03
PUBLIC COMMENT
Staff held a public workshop for business owners and the public on August 14, 2003 to
facilitate discussion and receive public input on preliminary concept plans. Additional
public comment was heard at the Planning Commission meeting of September 16,
2003. On September 5, 2003, 285 notices were mailed out to owners of properties
within 300 feet of the area proposed for amendment.
One letter, Attachment 5 was received and is included for consideration.
Attachments:
Resolution
Exhibit A - An ordinance of the City Council of the City of Arroyo Grande
adopting Development Code Amendment 03-006 rezoning a portion of the
Highway Commercial, General Commercial and Village Mixed Use
Districts to Traffic Way Mixed Use; revising Design Guidelines and
Standards for the vicinity of Traffic Way and Station Way, 0-2.11.
Exhibit A 1 - Proposed Zoning Map
Exhibit A2 - Revised Chapter 16.08 and 16.36
1. Aerial photo of subject area
2. Zoning map
3. Proposed Design Guidelines and Standards for Design Overlay District 2.11
4. Municipal Code Section 16.48.065
5. Municipal Code Section 16.52.060
6. Letter from Ellen & Bob Gaver
PC ARC Staff Report100703A Page 5 10/7/03
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE RECOMMENDING THAT THE CITY
COUNCIL ADOPT DEVELOPMENT CODE AMENDMENT 03-006
REZONING A PORTION OF THE HIGHWAY COMMERICAL,
GENERAL COMMERCIAL AND VILLAGE MIXED USE DISTICTS
TO TRAFFIC WAY MIXED USE
WHEREAS, the City Council adopted the City of Arroyo Grande Development Code
and revised zoning map, which became effective June 13, 1991, and indicated that
modifications to the Development Code may occur to refine the document; and
WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on
which became effective on October 9, 2001 and requires a comprehensive review and
necessary revisions to the Development Code and zoning map for consistency in
accordance with Government Code Section 65860; and
WHEREAS, The City has a responsibility to assure adherence to the General Plan in
meeting the needs and desires of the residents and the community; and
WHEREAS, City staff held a public workshop, August 14, 2003 to consider
amendments to the Development Code concerning Traffic Way and Station Way for the
purposes of General Plan consistency and implementation of its goals and policies; and
WHEREAS, the Planning Commission of the City of. Arroyo Grande has considered
Development Code Amendment 03-006 at a duly noticed public hearings on September
16, 2003 and October 7, 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 Planning Commission has determined that the following Development
Code Amendment findings can be made in an affirmative manner:
A. The proposed change in zone and revisions to Title 16 will satisfy Objective LU5-
5 of the Land Use Element of the General Plan, which requires the City to
"define different Mixed Use overlay or combining designations concurrent with
Development Code revision for General Plan consistency to clarify allowed,
conditionally permitted and prohibited uses in each MU subarea", and; LU5-8
which states that the Mixed Use corridors are to "provide for different
combinations, configurations and mixtures of commercial, office and residential
uses designating the East grand Avenue, EI Camino Real and Traffic Way
corridors as Mixed Use (MU)." and is therefore desirable to implement the
provisions of the General Plan.
.
RESOLUTION NO.
PAGE 2
B. The proposed change in zone and revisions to Title 16 reflect that both the
existing zones and proposed zones are predominantly commercial, contain
historical residential use, and promote continued mixed use and will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. The proposed change of zones and revisions to Title 16 satisfy Section
16.36.010 of the Development Code, which states "It is the purpose of this
chapter to provide regulations that implement those goals, objectives and
policies, and that are aimed toward the provision of adequate and appropriate
commercial areas within the city".
D. The proposed change of zones and revisions to Title 16 are within the scope of
the Program EIR prepared for the 2001 General Plan Update, and the potential
environmental impacts of proposed amendment are less than insignificant.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends that the City Council approve Development Code
Amendment 02-006 with the above findings and subject to the conditions as set forth in
Exhibit "A" attached hereto and incorporated herein by this reference.
On motion by Commissioner , seconded by Commissioner ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 7th day of October 2003.
ATTEST:
L YN REARDON-SMITH JAMES GUTHRIE, CHAIR
COMMISSION CLERK
ROB STRONG,
COMMUNITY DEVELOPMENT DIRECTOR
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ATTACHMENT 3
.
D~sign Overlay District (0-2.11) Traffic Way Corridor -and --
Village Promenade along Station WaY' -
Guidelines and Standards
TRAFFIC WA Y ....,,-
Purpose of this Design Overlay
District
The primary purpose~ and Qoals of
this district is are to encourage the'
use of design that will not detract
from the neighboring Village districts
and to enhance the character and
appearance of this southern
commercial qateway to Arroyo Guidelines and Standards for the
Grande from Freeway 101. Although'
Much of the existinq development in Design Overlay 2.11 District-
the area is modern, there are many TRAFFIC WA Y
buildinqs and sites reflecting the Special Considerations
former hiQhway route, prior to
Freeway 101 , from the 1920's A Concept Enhancement Plan is
throuQh 1950's. Thora 3ra also a included in Attachment "A" to
significant numbor of historic facilitate the Qoals for the district.
structures in tho design overlay The Plan shows areas planned for
district. The intent of these auto retail uses, visitor serving uses
guidelines and standards is to and shared parkinQ.
protect the best examples of these
existing historic period buildings, 1. AlonQ the east side of Station
I and to enhance the character of this Way, both sides of Traffic Way, and
major entrance to the Gity Village. alonQ the south side of Fair Oaks
There is no one proper architectural Avenue between Freeway 101 and
style. but the desiQn element and Traffic Way (APN's 007-483-009,
"automobile age" character of. this 010,011 ,033,039, and 040; 007-
era and the use of elements or scale 542-007,015,021, and 023; 007-
found in adjacent buildings is 594-017 , 018. 027 , and 029).
encouraged. permitted use shall be limited to
automobile and liQht truck sales and
services, or related automotive parts
stores, repair shops, and similar
vehicle sales, services and
accessory uses.
. ... -
. .
All other Permitted uses and Minor proposed projed and with adjacent
Use Permitted uses shall be . buildings.
considered subiect to Conditional . . .
Use Permit, includinq a findinQ that 4. Landscaping should retain existing
vehicle sales and services and lor trees and pl3nts as much as possible -
the similar related uses prescribed and add feature areas or strips of . .
are not feasible due to site specific. plantinq to achieve screeninq or '.. ....~......
buildinQ andlor property. softeninQ of buildinQ and outdoor
confiQuration and conditions. display areas visible from public
streets. Street trees or sidowalk
2-:'On the southeast of the planters should shall be incorporated
intersection of E. Cherry Avenue and where feasible and pedestrian
Traffic Way (APN's 007-621-001 functional circulation will not be
and 007-621-073), permitted use obstructed. -If Street trees GF and
shall be limited to visitor servinQ sidewalk planters af8 within the
uses, includinQ motels, and public right of way, it is necess3ry to
accessory uses. obbin and Encroachment Permit
from tho Public 'Norks Department
All other Permitted uses and Minor should be supplemented with private
Uses permitted shall be co"nsidered street yard plantinQ, landscape strips'.
subiect to Conditional Use Permit, or feature areas to enhance
includinq a findinQ that visitor appearance and encouraQe outdoor
services is not feasible due to site uses.
specific buildinq and/or property
confiquration and conditions.. 5. Streetscape improvements should
shall m3tch conform to the existing
Site Design established sidewalk paving, lighting
1. All new projects or renovations schemes and street furniture, fixture
shall adhere to site development and feature desiQns approved by the
standards of the Development Code. City. unless tho now olemont
introduced is mora consistent with
2. BuildinQs a.nd sales uses shall be the character of the district than are
oriented to the public street while existing element.
service, storaQe and accessory uses
shall be oriented away from the 6. The desired confiQurations and
street to interior areas of the site. locations for off-street parkinQ lots, in
order of preference, are:
3. All accessory outbuildings a. Double loaded aisle to side or
structures or functions, including rear of buildinQ on-site. 0'.
garages off-street parkinQ, service b. Shared double loaded aisle to
buildinQs and enclosures for service side or rear of buildinQ partially
areas, trash contain'ers or outdoor on-site and part off-site on
storage should shall be designed as neiqhborinQ parcel.
part of the overall project or building. c. Shared off-site or public
Materials, textures and. colors should parkinQ lot within 200 feet.
be consistent v.,rith those of tho
-
. . .
d. SinQle or double loaded aisle 3. The height, lot coveraQe and floor
in front of buildinQ(s). to area ratio of new buildings shall
not.ex~eed the development
In no case shall off street spaces standards allowed in Title Q 16' of the
require backinq onto a public street. Municipal Code (Development Code)
Building Design for the TMU district, unless the
project adjoins the VMU district in .
. which case those standards may be ............~
Materials and Colors allowed.
1. BuildinQs shall be one or two 4. To the extent feasible. oriqinal
stOry. horizontal massinq and small structures and materials. and .
to moderate scale structures. with architectural details should be .
both pedestrian and vehicle-oriented inteQrated into proiect desiqn and
features evident from public streets, retained. renovated. or replaced with
particularly Traffic Way. materials and features that match or
reflect the oriQinal desiqn.
2. New buildings or rsnovations shall Construction Materials
adhere to lot coverage and floor area
ratio requirements of the 1. Renov3tions should use the
Development Code, unles8-a origin31 materials. as much as
Variance is approved. possible.
3. New construction should include 2. Original decor3tive det3i1s
clements common to adjacent should be retained during
historic development such as renovations. If the original materials
cl3dding type, roofing material, roof have deteriorated and must be
structure 3nd ornamentation. removed, they should bo repbced
Ylith m3terials that match tho original
2. AlonQ both sides of Traffic Way in design, color and texture.
and the south.side of Fair Oaks'
Avenue, buildinQ material textures ~ 5. Construction materials should
. and colors shall be consistent with be compatible with those used on
the character of the best examples of adjacent developments. New
"automobile aqe" (1920's throuqh buildings should incorporate
1950's) buildinQs in the area. On traditional materials, but should not
side streets east of Traffic Way attempt to blend with the ~xisting
adioininQ Villaqe Mixed Use District environment by or pretendffig to be
(0-2.4) the buildinq materials. historic. Victorian ef period details
textures and colors. as well as should not be used when not in
architectural character should context with the building.
transition to Historic district desiqn
quidelines and standards, includi~q
elements of both eras.
-
. . . . . .
.
2. Signs may be subject to raviel/o' by..
the Architectur31 Advisory Committee
befora .approval of 3 sign permit.
~
1. All signage is included in the sign
are3 allowed in tho Development .............,~
Code. This includes window and
awning signs, and includes logos
:;. and gr3phic representations that
identify the business, p!'oduct sold,
Building Colors or service offered. However,
because of the unique nature, .
4.-6. The number of colors used on a multiple functions and special
building or project should be kept to characteristics of the combination of
3 minimum, generally three or new and used car. truck and/or other
fewer., This would incorpor3to to vehicle and related retail and
include a base color, trim color and accessory uses, the approval of
single accent color. Minor Use Permits or Conditional
Use Permits may include desiQn
2-:7. When plot plan review or a exceptions includinQ heiQht, size and
Condition31 Use Permit is required, total area of siQnaQe allowed.
sColor and materials samples should
be should shall be submitted as pa.rt 2. \^/indo'N signs shall not exceed
of the ARC process. The use of twenty percent (20 of the window
limited florescent, "neon" or "day-glo" . 3ma in which they 3ppear.
colors on building facades is-Ret
appropriate may be allowed if used Location
to depict the "automobile aQe" era. 1. Signs should be located
~8. Color palettes should be symmetrically in relation to fayade
bays and should not obstruct
compatible with those of adjoining architectural features of the building.
buildings.
Signs 2. Wall signs should be located
above the entry to the building to
better relate to pedestrian traffic.
Goneral
1. Signs shall meet all requirements 3. Window and door signs should be
of the Development Code and the applied where they will not obstruct
provision of these guidelines and visibility.
standards. If a conflict arises
bew.'oen tho requiremonts of the 4. Signs on awnings or canopies
Development Codo and thoso should be placed where they may ~~
guidolinos, exists, the most seen by pedestrians as well as by
restrictive requirements shall apply.'. . passing traffic. .- .. .-
-
.
. .
Village Promenade along 101, on the parcel behind the . .
Station Way Guidelines Chevron Station (APN
and Standards 007 ,481,006) permitted use shall
be limited to visitor servinq uses,
Purpose of this DeskIn Overlay includinq motels, and accessory
uses. ..
District- STAT/ON WAY
All other Permitted uses and Minor. ........'~
The primary purposes of this district Use Permitted uses shall be
are to encourage the use of design considered subiect to Conditional
that will complement the Use Permit, includinq a findinq that
neighboring Village districts and visitor services is not feasible due to
provide a transition between these site specific buildinq and/or property
districts and the Traffic Way corridor. confiquration and conditions.
The predominant design for the 2. A shared parkinQ facility
Station Way area are wood-sided or
smooth plaster single and two-story should be considered at the
structures with green ribbed metal interior portion of the parcels
roofs as depicted by the Village located at 208, 210 and 216
Promenade. Traffic Way (APNs 007-483-
41,42 and 7).
Site Design
1. All new proiects or renovations
shall adhere to site development
standards of the Development Code.
2. Buildinqs and sales uses shall be
oriented to the public street while
storaqe, parking and accessory uses
shall be oriented away from the
street to interior areas of the site.
Guidelines and Standards for the
Village Promenade alon~ Station 3. All accessory structures includinq
Way off-street parkinQ, service buildinqs
and enclosures for service areas,
Special Considerations trash containers or outdoor storage
A Concept Enhancement Plan is shall be desiqned as part of the.
included in Attachment "A" to overall proiect or buildinQ. ,
facilitate the Qoals for the district. 4. Landscapin~ should retain existing
The Plan shows areas planned for
visitor servinq uses and shared trees and add feature areas or strips
parkinq. of planting to achieve screening and
softeninq of structures and parkinQ
1. Southeast of the intersection of _ and hiqhliQht pedestrian walkways
E. Grand Avenue and Freewav and public areas. Street trees .shall
'. . ~.
,
. . . . ;
be incorporated wh"ere functional not exceed the development
circulation will not be obstructed. standards allowed in Title 16 of the .
Municipal Code for the VMU district.
5. Streetscape improvements shall
conform to the established sidewalk 3. To the extent feasible, oriQinal
pavino, liohtino and street furniture, structures and materials. and
fixture and feature desions ~pproved architectural details should be ..............~
by the City. inteQrated into proiect desion and
retained. renovated. or replaced with
6. The desired confiQurations and materials and features that match or
locations for off-street parkino lots. in reflect the orioinal desiQn.
order of preference. are:
4. Construction materials should be
e. Shared double loaded aisle to compatible with those used on.
side or rear of buildino partially adiacent developments. New
on-site and part off-site on buildinos should incorporate
neiohborino parcel. traditional materials and reflect
f. Sinole or double loaded aisle aQrarian features.
in front of buildino(s) with
substantiallandscapino. 5. The number of colors used on a
g. Shared off-site or public buildinQ or proiect should be three or
parkino lot within 200 feet. fewer. to include a base color, trim
color and sinole accent color.
I n no case shall off street spaces
require backino onto a public street. 6. Color and materials samples shall
be submitted as part of the ARC
Building Design process. The use of florescent,
"neon" or "daY-Qlo". colors or buildinQ
Materials and Colors fac3des is not appropriate.
1. Buildinos shall be one or two l.Color palettes should be
story, horizontal massino and small compatible with those of adioinino
to moderate scale structures, with buildinQs.
pedestrian features evident from Signs
public streets, particularly Station
Way. SiQns shall meet all requirements of
the Development Code and the .
On the east side of Station Way the provision of these ouidelines and
established materials, textures and standards. If a conflict exists, the . ,
colors of the Villaoe Promenade . most restrictive requirements shall
proiect buildinos shall be utilized or apply unless otherwise approved by
reflected in the buildino, landscape ARC.
and sionaoe desions.
2. The heioht. lot coveraoeand floor
to area ratio of new buildinos shall
-
. .
. . . .
.
Location
1. Si!:Jns should not obstruct
architectural features of the buildinQ. e. . .
2. Wall sions should be located .
above the .entry to the buildino to
better relate to pedestrian traffic. ..... ..........~
3. Window and door sions should be .,
'"
applied where they will .not obstruct
visibility. ,
4. Sions on awninos or canopies
should be placed where they may be
seen by pedestrians as well as by
passino traffic.
\
.
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ATTACHMENT 4
. .
~ - ---------
16.48.050 Conversion of Residential Sti-u~turesto Nonresidential Use..'
No structure' originally designed as a residence) hotel or motel) or as an accessory
structure or addition to a residence) shall- be used for any commercial or office uses unless the
building and site are improved to meet all code requirements for an offlce or commercial
development. This includes but is not limited to building code~ fire code)'and zoning ordinance
requirements. Such a co"nversion shall'be subjec't ~o a Minor Use Pemiit pursuant to Section ,-'
16.12.060. . . '-~
16.48.060 Development Densitv.
The general plan classifications specify the max~um allowable development density per
gross acre of land owned in fee by the applicant (including street right-of-way that would revert
to the property owner if abandoned). Rounding up to the next whole number is not applicable
when figuring density except when calculating density for the provision of affordable housing or
for mixed use districts where rounding to the next half number is appropriate. Density for Mixed
Use districts is discussed in Section 16.36.050.
16.48.065 Mixed Use Projects. .
This section provides stand~ds for the design of mixed used projects.
. A. Design considfrations. 'A mixe.d. used project shall be designed to achieve tne .
. following objectives. . .
1. Potential noise) odors) glare) pedestrian traffic; and other potentially
significant impacts on residents shall be minimized to allow a ~ompatible mix
of residential and nonresidential1.lses on the same site. . ..
2. The design of the mixed use project shall. take into. cpnsideration potential .
impacts on adjacent properties and shall include specific design features to
minimize potential impacts.
3. The design of a mixed-use project shall ensure that the residential units are of
a residential character) and that privacy between residential units and between
other uses on the site are maximized.
4. The design of the structures and site planning shall encourage integration of
.' the street pedestrian environment with the non-residential uses through the use
of plazas) courtyards) walkways) and street furniture. Design amenities shall.
encourage travel by walking) bicycling and public transit. .
5. Site pl8.IU1;ing and building design shall' be compatible with and enhance the
adjacent and surrounding residential neighb~rhood in terms of scale) building
design) color) exterior materials) . roof styles) lighting) landscaping .and
signage) to preserve the rural nature and small town character of Arroyo
Grande. . .
B. Mix of Uses.
1. A mixed use project may combine "residential uses with any other us~ allowed
in the applicable zoning district by Section 16.36.030) .provided that where a
mixed use project is proposed ,vith a use required by Section 16.36.030 to
have Minor Use Permit or Conditional Use Permit ilPp~ova\ in the applicable
zoning district) the entire mixed use project shall be subjecfto that permit
requirement.
'.' .. , -
- -
- . .
. . .
. . .
2. Mandatory findings for approval. The approval of a Minor Use Permit or
Conditional Use Permit for a mixed use project shall require that the review
authority first make all of the folloWing findings, 'in addition to the findiI1gs
required for the pennit approval as applicable. .
a. The mixed uses are consistent with the general plan and. are
compatible with their surroundi.p.gs. with 'nei~boring uses, and with _
each other; . .~~
. b. The desigIl'protects the public health, safety, and welfare; and
. c. The mixed uses provide greater public benefits than single-use'
. development of the site. This fmding must enumerate those benefits,
.~
, such as proximity of workplaces and housing, automobile trip
-,
.;,. . reduction, provision of. aJfordable . housing. or other benefits
consistent with the purposes of this section. .
. 3. Mandatory findings for variation or exception to standards. To allow property
development s~andards that deviate from those of the underlying zone, the
review authority must make one of the following findings:
a. Site-specific property development standards are needed to protect
.. $,... . all proposed uses ofthe site, in particular residential uses; or
..,
b. . ~:;Site-specific property development standards are needed to make
-: the project consis'tent with the intent ofthese regulations.
16.52.120.B. Permit Required. A'minor use pennit . for large family day care.(see Section
16.16.190) shall be required for any large family day care facility. Pursuant to Health and. Safety
Code Section 1597.46 (b), large family day care homes shall not be subject to California
Enviro~ental Quality Act review. . .
16.56.020.C. Village Mixed Use and Historic Character Overlay District Combining
District. For the area within the boundaries of the Village Mixed Use and Historic Character
I Overlay District (Design Overlay 2.4), off-street parking facilities or the payment of in-lieu fees,
as established by resolution, shall be provided as follows:
1. For changes in uses in existing buildings, additional.off-street parking facilities
. required by a change of use may be reduced subject to a Minor Ex.ception in
accordance with Section 16.l6.120.B.5. by payment of in-lieu fees.
2. Existing buildings that are remodeled or enJarged shall not be requi~ed to provide
parking if the increase in the square footage is less than 600 sq. ft. If the addition "
is greater than this amount, or involves the construction of a new building, off-
street parking shall be required consistent with the following:
a. Off-street parking facilities consistent with requirements of Section
16.56.060; or
b. A combination of off-street par1cing facilities and/or payment of an in-lieu ..
-,. ..- .. '.
-. fee may be permitted through a Conditional Use Permit. ~ . - ~
.. "
-
"
. .
. . . .
. . . -ATTA.Cl:IMENT 5
.. . .-.. . . .
16.52.0~0. .. ..~ '>"" ...
. .~ ..i.);~;i~.;r:<:/l
.
commercial.(GC) district with approv~ .of..a : . 9. ...Litter: 'The : premises ':'shalf~':oe .~.::.:.-...'
conditional use. penni~ .'A .condiuonal.~use: conti~uously' mai11tained in i' s~e;':<cl~ ;:~4 ~i:~} -.
. peqDit . shall: also. be required for existing orderly condition. (Prior code ~ 9-.11.040) ~I~:~:?:~: ~ .,:
.1':. arcades at such a time as those 'arcadesapply . .. ~...... .: 0.; -. ~.~ r : :..~:{' :3.".::"...::. : f. . "~
for city pennits for expansion or remodeling or 1652.060. .. Automobile.liea1~rShips~~)~~~ j.}', ';
any.other development requiring a pennitJrom . .". .....' . :.. .... ...~'-"'h~~:-.=r
A. PuIpose:and Intent. This" sectio!i'iSJ~',.: .
the city. . i .. .:. . . .':..:.!": ..: :'". '..::.i~.:'" .... __e_ ._......\.:r.....
ensure that automobile ~ea1~r~hips <?o~~rief-'
Q. Minimum'.' Development.. : :::-and and used) do not create an adverse impact on:'
Perfonnance Standards. . . . adjacent propertieS' and . . surrorin'di~g~~
...
l:~.. Structures:' All . structures shall ,~ be neighborhoods by reason of insufficient 6n-si~e; :: .
constructed: to achieve a minimum stindaId . ."'.." h'i\
., customer and employee parkIDg/.:traffic - .
tra,nsmission coefficient (STC) soUnd rating of generation, including road testing pf .ve~i:~~,.;..
45-50. ., obstruction of traffic; :'visual blight. bright.'.
2. Lighting. .The arcade shall be fully and lights, noise, fumes, or drainage run-offs':~TIie ~. .' .
adequately lighted for easy observation of all following. special conditions sh.al~ ~pplt '~o .:~
ar~ of.the premises. . automobile dealerships. . .'. .~.:.' '..
3. Bicycle Racks. Bicycle storag~ racks 1. Applicability. All new automoblIe -
shall be m~ntained off the public sidewalk ~o dealerships (for both new and used, v~hicl~),_
adequately accommodate bicycles utilized ~y. shall comply with the development stan.~~ds. ' (-
arcade patrons. for the district in whi?h they are locB:t~;~~ :..,
4':.. Telephones. At least one public with the provisions of this section. . . .~. . ....:~..:::,:
telephone shall be proVided at each arcade. 2. Parkina-. Areas designated for employee' .
o .... . ....
5: Hours of Operation. The hours of and customer parking shan not. be ~s~/~~'..'
operation shall be limited to between eight a.rn. vehicle storage or display. ... :.......~../:~: ,_,
and ten p.m., every day o.f the week unless the 3. Vehicle Display Areas. A minimim~ ~~~,::
arcade is accessory to a use with longer hours. (10) foot landscape. and decorative c~b ',strip'~.
6. Adult Superyision. One adult supervisor shall be provj.ded alorig the street frontage'
for every thirty (30) machines located in the perimeter of all vehicle display areas. ~,?:~. &
arcade shali be present at all times during hoUrs design treatment sh~ be subject to revi~w ~~ " .
of operation. ,The adult supervisors shall .~ approval by. the architectural review co~~~::. '.~ .
located so as to be able to readily observe.all : .' All parking areas not used for vehic.le disp~~y.':
video machines and all areas C?f bu~iness. .... . shali be subject to applicable scr~~i~.g .
7. Noises. No amplified music sh~ ~ requirements. . .(-.:.:~.
. .. .... .",
audible on'the exterior of the premises. . . .... 4. Lighting. Alllighfing shall comp~y '?~, ',' "
8. Smo~g and Drinking. No alcoholic the provisions of Sections 16.48.~9~: ~::.
beveraaes or cia-arettes shall be sold. or 5. Loaaina- and Unloading of Vehic1~.
o 0 . ., . 0 .. ....... .....
consumed on the premises, and there shall be . Loadfng and Wlloading of vehicles is pe~E~,.'.
no smoking wi~in the arcade. Approp~ate only within the following co~s~aj?~:' '~e- .
notificatiqn shall .~ d.isplayed withiri. ~~ dealership operator is deemed to be r~~n~.~b!,~'~:
. _. " . ........ _..~ ..
premises. ., . . ~:-... ........1=?'!.....: - _0 . and liable for any aCtivities of a. common:: ., ..
..
, ...." .. .l.:
"".. ..
-.... .. ...... ...-
.584 .- ."
. .. ;
. .
.
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~ .
A TT ACHMENT 6
. :;EIVED
.
. -
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ELLEN & BOB GAVER OCT 0 2 2003
121 Allen Street CITY OF ARROYO GRANDE
. .
Arroyo Grande. CA 93420 COMMUNITY DEVELOPMENT DEPT.
805/473~2919 .
m issellv(B>.charter.net
'--.c-
September 30. 2003
Dear Planning Commissioners:
We live at 121 Allen Street and have oWQ.ed this property since 1993. We are deeply
concerned about the proposed re-zoning in progress to create Traffic Way Mixed Use.
On the re-zoning map. as previously presented. the property across the street ftom us, as
wen as the property immediately next door (115 Allen St.). both owned by Christianson
Chevrole~will become Traffic Way Mixed:Use.
>
Our prj.mary concern relates to the unavoidable friction that will occur with a Commercial
automotive structure and/or use immediately next to our residence.. We are concerned
about noise. view. lighting, privacy. traffic. and most of ~ our property value. This is
our home and we intend to continue to live here indefinitely. According to the new zoning
plan as presented at the last Commission meeting, there appears to be little or no buffering
offered between these properties. We can't imagine that this will be good for our
property. its value, or our quality of life.
We are making a specific and formal request that procedures for buffering and.
mitigation be. .neluded in the re-zoning Resolution.
. .
; Specifically regarding traffic and parking, this has been a growing problem on Allen Street
for sometime now. Overflow parking from the new auto service station on the comer of
Allen & Traffic Way and ftom Heacock Welding has made movement along Allen Street
very difficult and unsafe. We expect this problem to worsen as more properties on Allen
Street transition to auto service uses.
Weare making a specific and formal req~est that Allen Street ~e closed at the
property line between 115 and 121, thereby maintaining the residential nature of
Allen Street to the east, as well as providing access for the businesses to the west.
I.c.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE I~ HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of
Arroyo Grande on the following item: PROPOSED ORDINANCE REPEALING, AMENDING AND
ADDING PROVISIONS TO THE CITY OF ARROYO GRANDE MUNICIPAL CODE.
Applicant: City of Arroyo Grande
Proposal: The City Council will consider a proposed Ordinance repealing, amending,
and adding provisions to the Arroyo Grande Municipal Code. The proposed
Ordinance repeals outdated Code provisions determined to be unnecessary;
and adds, amends and reorganizes various provisions to provide internal
consistency with current City policies and practices.
Representative: Kelly Wetmore, Director of Administrative Services
Any person affected or concerned about the proposal may submit written comments to the Director
of Administrative Services before the City Council hearing, or appear and be heard in support of or
opposition to the proposal at the time of the hearing.
Any person interested in the proposal can contact the Administrative Services Department at 214
East Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5414 during normal
business hours (8:00 a.m. to 5:00 p.m.). A copy of the proposed Ordinance is available for public
inspection at the above address.
If you challenge an item in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence delivered to
the City Council at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the
action of the legislative body for which the notice was given.
Date and Time of Hearing: Tuesday, October 14, 2003,7:00 p.m.
Place of Hearing: Arroyo Grande City Council Chambers,
215 East Branch Street
Arroyo Grande, CA 93420
Ke~~~U-
Director of Administrative Services/Deputy City Clerk
Publish 1T, October 3,2003
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES ~
SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE REPEALING,
AMENDING, AND ADDING PROVISIONS TO TITLES 1,2,3, AND 16 OF
THE CITY OF ARROYO GRANDE MUNICIPAL CODE
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council introduce an Ordinance repealing, amending, and
adding provisions to Titles 1, 2, 3, and 16 of the City of Arroyo Grande Municipal Code.
FUNDING:
There is no fiscal impact.
DISCUSSION:
In 2001, staff developed a two phase plan to comprehensively update the Arroyo Grande
Municipal Code ("Code"). The first phase involved a recodification and republication of the
Code which was approved by the City Council with the adoption of Ordinance No. 529 on
December 11, 2001. The recodification and republication of the Code followed a general
legal analysis of the Code for ambiguities, inaccuracies, duplications, and compliance with
current State and Federal statutes.
With the recodification complete, staff initiated phase two of the update plan - a
departmental review process whereby each title in the Municipal Code would be reviewed
by the affected departments to ensure that Code provisions comply with the City's current
policies and practices. There are many sections of the Code that need to be updated and/or
simplified in order to make it internally consistent with City policy, procedure and practice
and to provide an effective, user-friendly document for the Council, staff, the Superior Court,
and the general public. Staff began with the review of Titles 1, 2 & 3.
The majority of revisions reflected in the proposed Ordinance are minor in nature, dealing
with reorganization and updating provisions to reflect current practices.
Some of the proposed substantive amendments to the Code are as follows:
. Repeal of provisions in Chapter 2.44 - Personnel System. Repealed provisions in
Chapter 2.44 are contained in the City's Personnel Regulations.
. Repeal of Chapter 3.12, in Title 3, Transfer of Property Tax Assessment and Collection
Duties to County. Property tax assessment and collection duties fall under the
jurisdiction of the County of San Luis Obispo and is therefore being repealed entirely
from the City's Municipal Code.
--
CITY COUNCIL
CONSIDERATION OF PROPOSED ORDINANCE REPEALING, AMENDING, AND ADDING
PROVISIONS TO TITLES 1, 2, 3, AND 16 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE
OCTOBER 14, 2003
PAGE 2
. Repeal of Chapter 3.16 in Title 3, Real Property Transfer Tax. Responsibility for real
property transfer tax falls under the jurisdiction of the County of San Luis Obispo and is
therefore being repealed entirely from the City's Municipal Code.
. All references to Finance Department and Finance Director have been amended to
read Financial Services Department and Financial Services Director
. All references to Recreation Department and Recreation Director have been amended
to read Parks, Recreation, and Facilities Department and Parks, Recreation, and
Facilities Director.
. Amendment of Section 3.08.020E.2. and 3.08.020E.3. regarding Public Projects. The
dollar amount for public projects requiring informal and formal bidding procedures has
been increased from $75,000 to $100,000 pursuant to updated provisions in the Public
Contract Code.
. All references to Capital Outlay Fund have been amended to read Capital Improvement
Program.
. Repealed sections from Title 16 - Development Code relating to Administration have
been added to Title 2 - Administration and Personnel. Chapters establishing the
Community Development Department and Community Development Director; Planning
Commission; and Architectural Review Committee have been moved from Title 16 to
Title 2 to be consistent with other department descriptions.
. Add Chapter 2.30 - Public Works Department - Creates provisions establishing the
responsibility and authority of the Public Works Department and the duties and
responsibilities of the Public Works Director to be consistent with other department
descriptions.
. Add Chapter 2.34 - Police Department. Creates provisions establishing the
responsibility and authority of the Police Department and the duties and responsibilities
of the Chief of Police to be consistent with other department descriptions.
If the proposed Ordinance is introduced, it will return to the Council for adoption at the next
regular meeting. Following that action, staff's next step will be a comprehensive
departmental review and update of Titles 4, 5 and 6 of the Code, with Council consideration
of the second clean-up Ordinance tentatively scheduled in early 2004.
It is recommended that the Council introduce the attached ordinance repealing, amending,
and adding provisions to Titles 1, 2, 3, and 16 of the City of Arroyo Grande Municipal Code.
AL TERNA TIVES:
The following alternatives are provided for Council consideration:
- Introduce the Ordinance;
- Modify and introduce the Ordinance;
- Do not introduce the Ordinance; or
- Provide direction to staff.
.- .-- - .._--_.~._,....,-,._---_...-
ORDINANCE NO.
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING, AMENDING, AND ADDING PROVISIONS TO
TITLES 1, 2, 3, AND 16 OF THE ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby repealed:
A. Repeal Section 2.12.100 - Premises after fires;
B. Repeal Section 2.44.050 - Applicability of personnel rules to certain exempt
positions; Section 2.44.060 - Appointments to the competitive service; Section
2.44.070 - Appointments subject to chapter provisions; Section 2.44.080 -
Probationary period; Section 2.44.090 - Suspension; Section 2.44.100 -
Demotions, dismissals and reductions in pay; Section 2.44.110 - Disciplinary
action - Appeals; Section 2.44.120 - Abolition of positions; Section 2.44.130 -
Employee incapacitation; Section 2.44.140 - Discrimination; Section 2.44.150
- Contract for special services; and Section 2.44.160 - Appropriation of funds.
C. Repeal Chapter 3.12 - Transfer of Property Tax Assessment and Collection
Duties to County.
D. Repeal Chapter 3.16 - Real Property Transfer Tax.
E. Repeal Section 3.40.040 - Levy of taxes.
F. Repeal Chapter 3.48 - Special ContinQency Reserve Fund.
G. Repeal Section 16.08.060 - PlanninQ commission.
H. Repeal Section 16.08.070 - Architectural review committee.
I. Repeal Section 16.08.090 - Community development director.
SECTION 2: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby amended to read as follows:
A. Amend Section 2.08.120 - ActinQ city manaQer - Bond required.
In order to provide for the performance of his or her duties during his or
her temporary absence or disability, the city manager shall designate in
writing a qualified administrative officer of the city to so act. with the approval
of tho council. In the event of the failure of the city manager to make such
designation, the council shall designate an officer or employee .of the city to
---~---'---'-----
.'
ORDINANCE NO.
PAGE 2
perform the duties of the city manager until he or she shall return or his or her
disability shall cease.
Any person so designated to act in the absence of the city manager shall
first furnish a bond in the form required of the city manager, unless such
person is a city officer who has already filed a similar bond with the city. The
person designated in accordance with the provisions of this section to act
during the absence or disability of the city manager shall be the acting city
manager and shall exercise all the powers and carry out all the duties of the
city manager. provided, hmvever, no officer or employee of the city shall be
appointed, removed, promoted, demoted, suspended, or otherwise disciplined
by the acting city man3ger without the prior approval of the council.
B. Amend Section 2.12.080 - Drills and instruction. The fire chief shall, at least
four times each month, provide for suitable drills covering the operation and
handling of all equipment essential for efficient fire department operation. In
addition, instruction in first aid, water supplies, and other related subjects
generally considered essential to good fire suppression and prevention shall
be provided.
C. Amend Section 2.12.120 - Mutual_ Aid.
The city council is authorized to enter into agreements or contracts with
nearby incorporated communities or governing bodies of other organizations
to provide the members of such communities or organizations with fire
protection or to establish a mutuall_ aid system.
D. Amend Chapter 2.16 - Fin3nce Department 3nd Fin3nce Director. lillllral
~~'t}~' .'.
E. Amend Section 2.16.010. Created. A finance rllEfIllllJl!;I~i department is
created and established and shall be subject to the general administrative
direction of the city manager.
F. ~m~nd Section. '., ,2.16.?~O. ....', Fi~~nce."~~~il~{lI_il~~tlra',
mEI .~1i~1I1""~."kN_Sl_ ,', ,.. 'Th T f fiAaAG~
<,s""Sl.., ,,", ...,....a:,,"'~~.""'.,'~Ui.,::i... .:.:.E~(":~'J'J!',c...... e posllon 0 nance
n',a~fk:sdirector Is created and established and shall be filled by
;'m& ~. . w A
appointment of, and serve at the pleasure of, the city manager. The finance
iiljlaJIIIIl_ director shall be fully responsible for all the functions and
(rutie-;~f the fin;nce JZ1JI.J'1IJIfJ department as established by state
laws, ordinances, or resolutions.
G. Amend Section 2.16.040. Fin3nce f:lfi511~TtG.. director-Financial and
accountinq duties. Pursuant to the provisions of Section 37209 and 40805.5
of the Government Code of the state, all the financial and accounting duties
imposed upon the city clerk by Sections 37201 through 37208 and Sections
40802 through 40805 of said Government Code are transferred to the fin3nce
~;i_ director.
H. Amend Chapter 2.20 - Recreation Parks, Recreation . and Facilities
Department.
-
ORDINANCE NO.
PAGE 3
I. f\~~nd Section 2.20.010 - Created. The recreation e~l;~~;~t!,[~~;~tg~lJ~;!;ii'i,jl~!J,g
t~~!J;!!l~~ department is established for the city.
J. ~~~~d~ecti~~~.~?g~o - Functions. The functions of the recreatione~ijm~j~
(~~iiii:i_ll~t~@J!}}i~$ department shall be to provide opportunities""for
wholesome, year-round public recreation services for each age group and to
develop and maintain in an attractive and safe manner the recreation areas,
and facilities of the city.
K. Amend Section 2.20.030 - Recreation Parks, recreation, and facilities director
- powers and duties. The recre3tionmi1llr~l8IlmiTJlr!ll~1 director
shall:
a. Attend meetings of the parks and recreation commission and make
such reports to the commission and to the council as shall be required;
b. Recommend to the city administrator _ required part-time
. personnel, such as assistants, supervisors and leaders;
c. In cooperation with the director of public works, administer,
operate and maintain existing park and recreation areas and
facilities and plan for acquisition, development and operation of the
proposed facilities in accordance with policies approved by the parks
and recreation commission and the council;
d. Inform the general public of the services and facilities being
provided by the ..~~] recreation _ department;
e. Solicit suggestions from the general public to improve or increase
the effectiveness of the services being provided;
f. Cooperate with governmental and voluntary organizations.and
agencies in the furtherance of recreation opportunities;
g. Prepare manuals, bulletins and reviews on recreation problems;
h. Provide, upon request, assistance of a technical nature to
community agencies and organizations having problems relating to
recreation and park areas and facilities and programs;
i. Counsel with officials of public and private organizations and
interested groups concerning community recreation and leisure
activities and assist them in the promotion of recreation services;
j. Conduct studies of local conditions and needs for recreation
servicesKrif_'m~1Ii'~ and assist with the
,,~ '_f_"__'_'.__. ,;..;,-. ., ,"" -~~;>;:t.,x--.- ":%1' ,--,_<~"* ~~\'(;~. ,":;;~;\~'":::it~W . - ;.X'--
recruitment and training of recreation personnel; aM
~$IPrepare a recreation budget and, '/lith the cooperation of the
director of public works, a park budget for the approval of the city
manager and the councilla'i1!8
~._b'.f;L~J_SI
~L;;>,>". -, '", - - - ,_' " :" ';@i$,'-' '~i~.&\~~~;.~;'" ~ -.'. -:: ,.t - '4i~;.:i%,;\
L. Amend Section 2.24.050(8.) Secretary. The city manager EIt~_Jii1
[iI1~=_mrJm1 shall appoint a secretary to the commission who shall
maintain accurate minutes of the activities of the commission.
.
ORDINANCE NO.
PAGE 4
M. ~~..~.~~.~~~!i~~.~.;.~~:.2?0(C.) Secretary. The city manager di~.~~.t$2.~;.gtcR.g~~S,
~~;~E~~li~,Ei!'W;~'!iglit~sglU!i.~~ shall appoint a secretary to the commission who shall
maintain accurate minutes of the activities of the commission.
N. Amend Section 3.04.020(F.) The amount claimed if it totals less than ten
thousand dollars ($10,000.00) as of the date of presentation of the claim,
including the estimated amount of any prospective injury, damage or loss,
insofar as it may be known at the time of the presentation of the claim,
together with the basis of computation of the amount claimed. If the amount
claimed exceeds ten thousand dollars ($10,000.00) no dollar amount need be
included in the claim. HO'Never, it shall indicate '.vhether jurisdiction over the
claim would rest in municipal or superior court.
o. Amend Section 3.08.020(E.2.) Public Projects of Seventy Five Thous~md
Dollars ($75,000.00) ~me.mm[~"ie.~i~t;I_j.~'III.it(t!i~ or Less
,~",,,,,,,'<i0it,,,,,:',"*,, . . '~""*"~""''''~' -.,"'\c>_ .... ,';x'. Il.JI.:;:;\i;i\b. _ '0>> '''''''''''0'''''. _"_,,;)@,**,,. ~ _ X",'''''''<:i:<,'i."::><,,,,,,',- .,:
(Informal Bidding Procedures). Public projects as defined by the Act, of
~eventy!ive thousand dollars ($75,000.00) ~_i.II:1III}!Ilmi~lJfl~&
,;;-;$ . ~. "w~v,_."<N"""",%"",,"i,%:'::'::,"i:":'''.'_''
ill_lor less may be let to contract by informal procedures as set
forth in Section 22032, et seq., of the Public Contract Code.
P. Amend Section 3.08.020(E.3.) Public Projects of More Than Seventy Five
Thou~and . Dollars ($75,000.00) ".lIIt~I'~fjttri&111~U~E.~
~BIIllli'~ (Formal Bidding Procedures). For allpubli~proj~cts~~,~~r~
t~an.~eyenty!iyo!~ousand dollars ($75, 000 .00)~J.llI:tllllitii~;~,i:~~
~1_.;ill'1, a contract shall be awarded pursuant to a formal
bidding procedure as set forth in the Act, and subject to the exemptions
provided for therein.
a. Amend Section 3.24.020 - Definitions. 'Tax administrator" means the Gity
:~~~*~~.P1~~~~IIIi:~14j-;\:f~~.
Gtefk [!ll1.~!I~!. , . ~~~l~ElW.
R. Amend Chapter 3.40. Capital Outlays Fund 1Qi1'~i~a'ilJi~'ID'il'I!I'EQg'Earo.
S. Amend Section 3.40.010. Created. A fund is created for capital outlays for
public improvementsiwl~!iI'liil~Jli~'r~~j.~B; pursuant to the provisions of
Sections 537301 through 53737 of the Government Code of the state.
T. Amend Section 3.40.020. DesiQnation. Such fund shall be known as the
"Special Fund for Capital Outk:Jys 'Ii'~iJI!11.[~~1iI~~1I:~E~J;mpJ(<?]!~'."
SECTION 3: The following Arroyo Grande Municipal Code Chapters and Sections are
hereby added to read as follows:
A. Add Chapter 2.17 - Community Development Department
2.17.010. Established. The community development department is
established for the city and subject to the administrative direction of the city
manager.
--.-.__..._...._-~-------------
-
ORDINANCE NO.
PAGE 5
2.17.020. Community Development Director - Appointment. The position of
community development director is created and established and shall be filled
by appointment of, and serve at the pleasure of, the city manager. The
community development director shall be fully responsible for all the functions
and duties of the community development department as established by state
laws, ordinances, or resolutions.
2.17.030. Functions. Title 16, also known as the "Development Code" shall be
administered by the community development director, whose responsibilities
include the following functions to be carried out either directly or by
subordinate employees under supervision or direction of the community
development director.
A. Powers and Duties.
1. Application Process. All applications for permits, licenses,
and approvals pursuant to Title 16 shall be submitted to the community
development director for processing. The community development director
or his or her designee shall be responsible for:
a. Determination of completeness of applications;
b. Responsibility for completion of appropriate documentation
under the California Environmental Quality Act for permits
issued and actions taken pursuant to the development code;
c. Collection of applicable fees;
d. Establishment of permanent application files;
e. Posting/publication of public notices;
f. Preparation of reports;
g. Processing of appeals; and
h. Presentation of staff reports to the planning commission and
city council.
2. The community development director or his or her designee
shall have the authority to review and approve the following:
a. Temporary use permits;
b. Viewshed review (if planning commission hearing is not
necessary);
c. Minor exceptions;
d. Home occupation permits;
e. Plot plan review;
f. Business license clearance;
g. Administrative sign permits;
h. Minor architectural review;
I. Large family day care permits.
j. Minor use permits (MUP).
B. Interpretation. The community development director or his or her
designee shall have the responsibility to provide information
regarding the provisions and requirements of Title 16 to the public.
C. Coordination. The community development director or his or her
designee shall refer and coordinate matters related to the
administration of Title 16 with other agencies, city departments, and
city boards and commissions, and shall provide information on the
status of development proposals to interested parties.
-~----_._~_.- "" ---------.
-,
ORDINANCE NO.
PAGE 6
B. Add Chapter 2.18 - Planninq commission.
2.18.010. Created. A planning commission in and for the city is established
and created, pursuant to the provisions of Sections 65000 through 65906 of
the Government Code, as now or hereafter amended.
2.18.020. Membership. The commission shall consist of five members, who
shall be qualified electors of the city, but who shall not otherwise be officials
of the city. The mayor and each respective member of the council shall
appoint a representative to the planning commission subject to approval by a
majority of the council. All commission members shall serve at the pleasure of
the council.
2.18.030. Terms of Office. Members of the planning commission shall serve
a term ending the January 31 st following expiration of the term of the
respective appointing mayor or council member. Members of the planning
commission may be removed by a majority vote of the council.
2.18.040. Appointments-Vacancies. Vacancies occurring otherwise than by
expiration of term shall be filled in the manner set forth for appointments.
Vacancies shall be filled for the unexpired term only.
2.18.050. Officers. The counci'.delegates to the planning commission the
authority to appoint its own chairperson and vice-chairperson from the
commission membership. The planning department secretary shall act as
secretary to the planning commission. The terms of office of the chairperson
and vice-chairperson shall be established by regularly adopted rules and
regulations of the commission.
2.18.060. Absences. Absence from three consecutive regular meetings, or
twenty-five (25) percent of the regular meetings during anyone-year period
beginning in July, without the formal consent of the council, shall constitute
the resignation of such absent member and the position declared vacant.
2.18.070. Meetings. Regular meetings of the planning commission shall be
held the first and third Tuesdays of each month at the city council chambers
located at 215 E Branch Street, Arroyo Grande, during a time established in
its bylaws.
2.18.080. Powers and Duties. The planning commission shall be appointed,
and the members thereof shall have the powers and duties provided for by
Sections 65900 through 65906 of the Government Code, as now or hereafter
amended.
In addition, the planning commission shall have the responsibility to:
1. Investigate and make recommendations to the city council
regarding reasonable and practical means for implementing the
general plan or any element thereof, so that it will serve as an
effective guide for orderly growth and development, preservation
- .--_. -----~~...._.._..__..-
~
ORDINANCE NO.
PAGE 7
and conservation of open space and natural resources, and for the
efficient and effective expenditure of public funds relating to the
subjects addressed in the general plan;
2. Provide annual reports to the city council on the status of the
general plan and progress in its implementation;
3. Clarify ambiguities regarding Title 16 as set forth in Section
16.04.050;
4. Review and approve items as set forth in Section 16.08.060;
5. Make recommendations to the City Council on items as set forth in
Section 16.08.060.
C. Add Chapter 2.19 - Architectural review committee.
2.19.010. Created. There is established the Arroyo Grande architectural
review committee, (the "committee"), consisting of five members, who shall be
qualified electors of the city and shall serve without compensation.
2.19.020. Terms of Office. Members of the committee shall be appointed to
serve for a term as specified by resolution of the city council.
2.19.030. Appointments and Vacancies. Appointments for the committee and
the filling of vacancies shall be made in the manner provided by resolution of
the council. Vacancies shall be filled for unexpired terms only. All members of
the committee shall serve at the pleasure of the council.
2.19.040. Qualifications of Committee Members. Qualifications of members of
the committee shall be established by resolution of the city council.
2.19.050. Nonattendance. Absence from three consecutive regular committee
meetings or twenty-five (25) percent of the regular meetings during any one-
year period, without the formal consent of the council, shall constitute the
resignation of such absent member and the position declared vacant.
2.19.060. Rules. The committee shall adopt bylaws, which shall establish
rules, regulations, and procedures to conduct meetings. The bylaws shall
include provisions for selection of a chairperson and vice-chairperson.
2.19.070. Meetinqs. The committee shall hold at least one regular meeting
each month, during a time established in its bylaws; additional meetings may
be scheduled as needed. All the committee meetings shall be held in public at
City Hall, unless otherwise noticed.
2.19.080. Functions, Duties and Procedures.
1. The function of the committee shall be to make recommendations
to the council, commission and/or community development director
(the "director") regarding the administration of the provisions of Title
16, whenever applicable, in a manner that will:
a. Be consistent with the requirements of the general plan and
of Title 16;
.
ORDINANCE NO.
PAGE 8
b. Develop and maintain a pleasant and harmonious
environment;
c. Promote and enhance real property values;
d. Conserve the city's natural bea':lty;
e. Preserve and enhance its distinctive visual character;
f. Ensure the orderly and harmonious development of the city;
and
g. Preserve historic structures and neighborhoods.
2. The committee shall prepare, review and recommend appropriate
architectural standards and guidelines, subject to commission and
council approval. Standards and guidelines are to be set forth in
pictorial and/or narrative form and may illustrate undesirable as well
as desirable examples of design. The committee shall periodically
review these standards and guidelines and may make
recommendation for appropriate amendments.
3. The committee shall make itself available to advise and assist the
council, commission and director in the application of its
architectural standards and guidelines to projects during schematic
and development stages.
4. The committee shall review and make recommendations to the
council, commission and/or director regarding applications for
architectural review and planned sign program review, pursuant to
the development code, unless the committee or the director
certifies that the nature of the work is minor or incidental and need
not be reviewed by the committee. When, in the opinion of the
director, applications for projects other than architectural or sign
review may create an architectural impact contrary to the objective
of Title 16, the committee may review the application prior to the
planning commission and/or city council hearings.
5. The committee shall have the authority to review and approve plans
pursuant to conditions of project approval imposed by the planning
commission or city council.
2.19.090. GuidinQ Purposes in ReviewinQ Projects. In reviewing projects, the
architectural review committee shall be guided by the following purposes and
intent:
1. To ensure consistency with the general plan and compliance with
the provisions of Title 16;
2. To recognize the interdependence of the land values and
aesthetics and to provide a method by which the city may
implement this interdependence to its benefit and to the benefit of
its individual citizens;
3. To preserve and enhance the beauty and environmental amenities
of the city; and
4. To promote and protect the safety, convenience, comfort,
prosperity, and general welfare of the citizens of the city.
.
ORDINANCE NO.
PAGE 9
D. Add Chapter 2.30 - Public Works Department.
2.30.010 Established
The public works department is established for the city and subject to the
administrative direction of the city manager.
2.30.020 Functions
The functions of the public works department shall be to serve the city and
the public in providing professional services to design and construct capital
improvement projects, land development review and to maintain the city's
infrastructure for use by residents, businesses, and visitors. The capital
improvement projects division administers the design, construction and
inspection of all publicly funded capital projects. The development
engineering division ensure all construction in the public right-of-way related
to land development entitlements comply with adopted codes and engineering
standards. Development engineering is also responsible for all subdivision
processing. The public works department operates and maintains the
equipment, tools, and other resources necessary to construct, operate and
maintain the city's infrastructure. Infrastructure consists of water system,
sewer system, road network, and storm drain system. The public works
department also maintains the city's vehicle fleet.
2.30.030 Public Works Director - Position Created - Appointment - Duties
The position of public works director is created and established and shall be
filled by appointment of, and serve at the pleasure of, the city manager. The
public works director shall be fully responsible for all the functions and duties
of the public works department as established by state laws, ordinances, or
resolutions. The public works director also serves as the city engineer. The
public works director or his or her designee shall:
1. Make recommendations to the city manager, other city personnel,
engineers, supervisors, and maintenance workers regarding
technical issues;
2. Establish limited parking zones, prohibited parking zones and stop
sign locations;
3. Approve final subdivision maps, accept related offers of dedications
and enter into agreements to complete subdivision agreements;
4. Participate and provide technical assistance during times of
emergencies.
E. Add Chapter 2.34 - Police Department.
2.34.010 Established
The police department and the office of the chief of police is created and
established. The chief of police shall be appointed or removed by the city
manager with the concurrence and confirmation of the city council.
2.34.020 Responsibility and Authority
The responsibility of the police department is to maintain the peace within the
city; the enforcement in the city of all laws of the United States, the State of
.
ORDINANCE NO.
PAGE 10
California, and ordinances of the city, except when such enforcement is by
law made the responsibility of another department, or when such enforcement
is the sole responsibility of a State or Federal agency or officer; and to
perform other public safety related services as necessary. The chief of police
and police officers of the police department are peace officers pursuant to
California Penal Code Section 830.1 and/or other applicable State law, and
shall have all the powers and authority granted to such peace officers and
shall be entitled to the same protections as provided by law.
2.34.030 Authority, Chief of Police
As set forth in California Government Code Section 38630(a), the police
department is under the control and direction of the chief of police. The chief
of police shall, in the lawful exercise of his/her duties, have all the powers and
authority that are now and hereafter may be conferred upon the chief of police
by the laws of the State of California and shall be entitled to the same
protection, including that specified in California Government Code Section
41601 .
2.34.040 Duties and Responsibilities, Chief of Police
The chief of police will organize, administer and maintain the police
department. The chief of police is responsible for the supervision and control
of all functions and components of the police department and for the
performance of those functions therein. In executing these responsibilities,
the chief of police has the authority to establish organizational goals and
objectives, and to develop and implement policies, procedures, rules and
regulations for the administration and operation of the police department,
including the fixing of duties, responsibilities and authority, setting standards
for performance, establishing rules of conduct and discipline, establishing
standards for and designating uniforms and equipment, regulating the use of
discretion, deployment of personnel, establishing standards for the training
and development of personnel, prescribing penalties for violations for any
such rules and regulations and providing for their enforcement, and the
implementation of other such policies, procedures, rules and regulations as
he/she deems necessary.
2.34.050 Supervision, Chief of Police
The city manager shall be the immediate supervisor of the chief of police, and
all policies, directives, and orders to the chief of police shall be made by or
transmitted through the city manager.
2.34.060 Personnel
The police department shall consist of the chief of police and such
subordinate police officers and other personnel as recommended by the chief
of police and authorized by the city council. All subordinate personnel are
responsible to and subject to the orders of the chief of police, either directly or
through the established chain-of-command and shall be subject to call by the
chief of police, or his/her designee, at any time during the day or night.
-
ORDINANCE NO.
PAGE 11
F. Add Section 16.08.060 - Planning commission review.
1. The planning commission will review and approve the following:
a. Conditional use permits,
b. Surface mining permits,
c. Variances,
d. Tentative maps,
e. Vesting tentative maps,
f. Lot line adjustments,
g. Lot mergers,
h. Reversion to acreage,
I. Certificate of compliance,
j. Notice of violations,
k. Planned sign program,
I. Viewshed review permits (if necessary),
m. Planned unit development permits,
n. Extensions of time (for projects originally approved by
planning commission),
o. Architectural review,
p. Appeals of planning director determinations;
2. The planning commission will make recommendations "to the city
council on the following:
a. General plan amendments,
b. Specific plans and amendments to specific plans,
c. Amendments to this title pursuant to Section 16.16.040(B),
d. Development agreements,
e. Permits, licenses or approvals within an approved planned
development.
SECTION 4: The repeal of an ordinance herein shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed thereby.
SECTION 5: This ordinance does not affect prosecutions for ordinance violations
committed prior to the effective date of this ordinance, does not waive any fee or penalty
due and unpaid on the effective date of this ordinance, and does not affect the validity of
any bond or cash deposit posted, filed or deposited prior to the effective date of this
ordinance.
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 th~ 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.
ORDINANCE NO.
PAGE 12
SECTION 7: This Ordinance shall take effect an~ be in full force and effect thirty (30)
days after its passage.
On motion of Council Member . seconded by Council Member . and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this _day of ,2003.
ORDINANCE NO.
PAGE 13
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
11.8.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGERft:
SUBJECT: CONSIDERATION OF RESOLUTION SUPPORTING A
STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER
APPROVAL BEFORE STATE GOVERNMENT MAY TAKE
LOCAL TAX FUNDS
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council approve the attached resolution supporting a
statewide ballot initiative to require voter approval before the State government
may take local funds and designate one lead representative from the City Council
to work with the League of California Cities on efforts related to the initiative.
FUNDING:
There is no immediate cost impact caused by the resolution in support of the
initiative. However, if the voters approve the ballot initiative, it could result in a
substantial reduction in future potential lost revenues.
DISCUSSION:
At the League of California Cities Annual Conference, the General Assembly of
Voting Delegates voted to sponsor a statewide ballot initiative to limit the State's
ability to transfer local government revenues without a vote of the public. As a
result, the League has now requested individual cities to support the initiative to
be placed on the November 2004 ballot.
Historically, the State has frequently addressed its budget shortfalls by utilizing
local government revenues. For example, when the State experienced a budget
crisis in the early 1990's, they began shifting property tax revenue from local
governments to the State in order to meet their financial obligations for
education. The Education Revenue Augmentation Fund (ERAF) continues to
shift over $4 billion annually from local governments. Thus far, the City of Arroyo
Grande has lost over $3.5 million due to ERAF. Due to the current State budget
shortfall, the State has further increased the ERAF shift from Redevelopment
agencies in the past two budgets. In addition, the City will lose nearly $200,000
this year in Vehicle License Fee revenue.
----
CITY COUNCIL
RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO
REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE
LOCAL TAX FUNDS
OCTOBER 14, 2003
PAGE 2
The City has been developing a long-range financial plan and has implemented a
number of actions to ensure local financial stability. However, these efforts are
severely restricted by the fact that local revenues are continuously subject to
State interference. While economic fluctuations can be addressed, effective
financial planning cannot be achieved until there is at least some level of control
over available revenue sources. Therefore, the need for the proposed ballot
initiative has become imperative in order to meet the needs of the community.
The development and promotion of the ballot initiative is being coordinated by
CITIPAC, which is an organization associated with the League of California
Cities, but privately financed so it can legally engage in political activities.
Attached is additional information provided by CITIPAC.
In addition, the League of California Cities has requested the City Council
designate one representative that will work directly with the League and CITIPAC
on activities related to the ballot initiative. They have also provided information
regarding what activities public officials can and cannot participate in related to
fund raising and the campaign, which is attached.
AL TERNA TIVES:
The following alternatives are provided for the City Council's consideration:
- Approve the attached resolution supporting a statewide ballot
initiative to require voter approval before the State government may
take local funds and designate one lead representative from the
City Council to work with the League of California Cities on efforts
related to the initiative;
- Reconsider the resolution after the specific language of the ballot
initiative is provided;
- Do not approve the attached resolution;
- Provide direction to staff.
Attachments:
1. Information on CITIPAC
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE SUPPORTING A STATEWIDE
BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL
BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX
FUNDS
WHEREAS, state government annually seizes over $800 million in city property
tax funds (ERAF) statewide, costing cities over $6.9 billion in lost revenues over
the past 12 years and seriously reducing resources available for local public
safety and other services; an,d
WHEREAS, in adopting the state budget this year the Legislature and Governor
appropriated local vehicle license fee backfill and redevelopment property tax
funds that are needed to finance critical city services such as public safety,
parks, street maintenance, housing and economic development; and
WHEREAS, the deficit financing plan in the state budget depends on a local
property and sales tax swap that leaves city services vulnerable if the state's
economic condition fails to improve; and
WHEREAS, the adopted state budget assumes an ongoing structural budget
deficit of at least $8 billion, putting city resources and services at risk in future
years to additional state revenue raids; and
WHEREAS, it is abundantly clear that state leaders will continue to use local tax
funds to balance the state budget unless the voters limit the power of the
Legislature and Governor to do so; and
WHEREAS, the voters of California are the best judges of whether local tax
funds should be diverted, confiscated, shifted or otherwise taken to finance an
ever-expanding state government; and
WHEREAS, the General Assembly of Voting Delegates of the League of
California Cities at its September 10, 2003 meeting, voted to sponsor a statewide
ballot initiative to empower the voters to limit the ability of state government to
confiscate local tax funds to fund state government; and
WHEREAS, the League has requested that cities offer support for a November
2004 ballot initiative that will allow voters to decide whether local tax funds may
be taken, confiscated, shifted, diverted or otherwise used to fund state
government operations and responsibilities.
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE that the City hereby expresses its strong support for a
statewide ballot initiative to allow voters to decide whether local fax funds may be
taken, confiscated, shifted, diverted or otherwise used to fund state government
operations and responsibilities; and
BE IT RESOLVED FURTHER, that the City Council and staff are authorized to
provide impartial informational materials on the initiative as may be lawfully
provided by the City's representatives. No public funds shall be used to
campaign for or against the i(litiative; and
BE IT RESOLVED FURTHER, that the residents of the City are encouraged to
become well-informed on the initiative and its possible impacts on the critical
local services on which they rely; and
BE IT RESOLVED FURTHER, that the Director of Administrative
Services/Deputy City Clerk is hereby directed to send a copy to the Executive
Director of the League of California Cities.
On motion of 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 3
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
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11.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE~
SUBJECT: CONSIDERATION OF CITY HALL FACILITY NEEDS ASSESSMENT
AND FEASIBILITY STUDY SITE AL TERNA TIVES AND DESIGN
CRITERIA
DATE: OCTOBER 14, 2003
RECOMMENDATION:
It is recommended the City Council: 1) approve the proposed site alternatives; 2)
approve the site and design criteria; and 3) direct staff and the consultant to prepare an
analysis of the alternatives.
FUNDING:
Fred Sweeney, Jr., with Phillips Metsch Sweeney Moore Architects, is preparing the
Needs Assessment and Feasibility Study on a volunteer basis at no cost to the City. No
cost impacts for project alternatives have been estimated at this time.
DISCUSSION:
At the April 8, 2003 meeting, the City Council approved initiating a planning effort to
identify needs and establish a future plan for the City Hall facilities. The purpose of the
study is to agree on the City's needs and then assess the feasibility of options to
address those needs.
The agreed upon process includes the following steps:
. Assess City office space and facility needs.
. Identify desired site conditions and design characteristics.
. Identify alternative sites.
. Assess feasibility of alternatives.
. Identify preferred alternatives and prepare conceptual drawings.
. Develop funding and implementation strategies.
The process will include a series of community meetings to obtain input, feedback,
participation and consensus. Presentations to the City Council and Planning
Commission will be provided at key points and direction requested. The first public
workshop was held on September 18th. The purpose of the workshop was to review
.~ ~--_.. -.-
'"~_.
CITY COUNCIL
CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY
OCTOBER 14, 2003
PAGE 2
and seek public input regarding ideas for potential site alternatives and design
characteristics. Prior to the meeting, Mr. Sweeney completed a space needs analysis.
A report prepared by Mr. Sweeney is attached, which summarizes the results of the
meeting and analysis completed thus far. Mr. Sweeney will present these results at the
City Council meeting. Staff is requesting City Council feedback and direction to proceed
with analysis of the alternatives. Another public workshop will then be held and results
of the analysis will be presented to the City Council. Based upon the site criteria,
preferred alternatives will be recommended for further analysis and the development of
conceptual drawings.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve the proposed site alternatives, site and design criteria, and direct staff
and the consultant to prepare an analysis of the alternatives;
- Provide direction to modify the alternatives and/or criteria and direct staff and the
consultant to prepare an analysis of the alternatives;
- Do not approve the proposed site alternatives and/or criteria;
- Provide direction to staff.
Attachments:
1. Phillips Metsch Sweeney Moore City Hall Complex Report to City Council
CITY OF ARROYO GRANDE
CITY HALL COMPLEX
PMSM #03023.00
REPORT TO CITY COUNCIL ARCHITECTS
PUBLIC WORKSHOP #1
18 September 2003
1. The focus of this first workshop was to obtain preliminary information
from the community for a site location to accommodate a 17,000 SF
city hall complex in the city and to listen to concerns from the
community about what a city complex should be and how it might
look. More than a dozen persons, including some members of the city
staff and the news media were in attendance
2. A review was made of the space needs anticipated by the staff for this
building complex. This data for review was based upon work that
PMSM Architects accomplished with city staff during June of 2003.
(See Exhibit I.)
3. A presentation was made of three generic sites showing how single,
two, and three story buildings might look on a site. Generic sites
showing required acreage to accommodate the city's basic zoning
codes for parking and open space around such a complex were also
analyzed. (See Exhibit II.)
4. Fred Sweeney lead the group through a visioning process where the
workshop attendees expressed their desired criteria for the selection of
a site for a city hall complex. The architects also presented a list of
basic criteria for the participants' review. (See Exhibits IIIA and B.)
There appears to be at least two points of view concerning the
placement of a city hall complex:
. The City Hall complex should be located within the "Village"
. The City Hall complex should be placed at locations other than the
"Village" .
5. Several sites that reflected the major points of view were suggested for
consideration. Each suggestion will be analyzed before the next public
workshop so that the community will have sufficient data to assess
their site criteria against the specifics of each suggested site. (See
Exhibit IV.)
6. The workshop attendees were somewhat less specific on the building
criteria. Their comments are attached (See Exhibit V). One of the
2020 ALAMEDA PADRE SERRA, SUITE 220 SANTABARBARA, CA 93103 TEL 805-963-1955 FAX 805-564-8582
SANTABARBARA, CA . PASO ROBLES, CA . SANTAMARIA, CA . NORWOOD, MA
--~._--
".,~"~,,.~",<<<-
objectives of the next public meeting will be to have participants
contribute more information concerning this subject.
7. In general, this workshop allowed the beginning of dialogue and
discussion among interested community members. It is anticipated
that a clearer picture concerning site locations and specific needs for
the City Hall complex will surface at the next community meeting. An
effort will be made to have participants establish a Statement of
Purpose and solidification of site and building criteria. It is anticipated
that more specific site considerations will be a possible outcome of the
next meeting.
2020 ALAMEDA PADRE SERRA. SUITE 220 SANTABARBARA, CA 93103 TEL 805-963-1955 FAX 805-564-8582
SANTA BARBARA. CA . PASO ROBLES, CA . SANTAMARIA, CA . NORWOOD, MA
--.'---'-~---- -----'--
~"..,-
City of Arroyo Grande June 9, 2003 Phillips Metsch Sweeney Moore Architects
City Hall Complex 03023.00
Program Assessment
Public Meeting Areas comments
City Council Chamber 1200 asf
Lobby 220 asf
City Council Chamber Support Space 290 asf
Large Conference Room 480 asf
Public Restrooms / Janitor Station 440 asf
Subtotal 2630 asf
General Building Support Area
General Work Room Area 100 asf
Mail Room 80 asf
StoraQe Area 60 asf
Staff Toilets / Janitor Station 440 asf
Staff LounQe / Break Room 200 asf
Data / Communications 120 asf
Subtotal 1000 asf
City Administration
City Administrator 240 asf
Executive Assistant 120 asf
Human Resource Manager 180 asf
Office Assistant 80 asf
Intern / Clerk 48 asf
Intern 48 asf
Storage 100 asf
Conference Room 180 asf
Human Resource Records 80 asf
Administrative Services 180 asf
Record StoraQe 120 asf
Recording Station 48 asf
Council Office 120 asf
Subtotal 1544 asf
asf
Financial Services asf
asf
Financial Services Director 180 asf
AccountinQ Supervisor 120 asf
Senior Account Clerk 80 asf
Account Clerk 48 asf
Account Clerk 48 asf
Public Counter Area 30 asf
Public Lobbv/WaitinQ 100 asf
StoraQe Area 80 asf
Subtotal 686 asf
1 of 3
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City of Arroyo Grande June 9, 2003 Phillips Metsch Sweeney Moore Architects
City Hall Complex 03023.00
Program Assessment
Community Development comments
C.D. Director 180 asf
Associate Planner 120 asf
Associate Planner 120 asf
Administrative Secretary 80 asf
Assistant Planner 90 asf
Intern 60 asf
Intern 60 asf
Intern 60 asf
Front Counter 120 asf
Public Lobby 120 asf
Storaae 100 asf
Printing Area 60 asf
Conference Room 180 asf
Subtotal 1350 asf
Public Works I Engineering
Public Works Director I City EnQineer 180 asf
Assistant City Enaineer 120 asf
Administrative Secretary 80 asf
Associate EnQineer 90 asf
Public Works Inspector 48 asf
Enaineerina Assistant 80 asf
EnQineering Assistant 80 asf
Principal EnQineer 90 asf
Future Associate EnQineer 90 asf
Future Associate EnQineer 90 asf
StoraQe 100 asf
Work Area 80 asf
Conference Room 180 asf
Public Counter 120 asf
Public WaitinQ Area 100 asf
Subtotal 1528 asf
2of3
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City of Arroyo Grande June 9, 2003 Phillips Metsch Sweeney Moore Architects
City Hall Complex 03023.00
Program Assessment
Building Safety I Life Safety Division comments
Chief BuildinQ Inspector 120 asf
BuildinQ Inspector 90 asf
Plan Checker (Future) 90 asf
Fire Marshall 48 asf
Permit Technician 48 asf
Street Files 120 asf
Work Area / Layout 120 asf
Front Counter 120 asf
Public WaitinQ Area 100 asf
Subtotal 856 asf
Analysis #1
Total AssiQnable sf 9594 asf
Gross sf (not includinQ Growth Space) 14760 csf
Gross sf x 10% contingency 16236 gsf
Analysis #2
Total Assicnable sf 9594 asf
Growth Space 600 asf
Total (Assignable sf) including Growth
Space 10194 asf
Gross sf (including Growth Space) 15683.1 asf
Gross sf x 10% contingency 17251.4 asf
Exisiting Facilities
City Hall First Floor 3110 asf
City Hall Basement 1272 asf
Public Works 1300 asf
Council Chambers 3570 asf
Building Department 850 asf
Total 10102 asf
3 of 3
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CITY OF ARROYO GRANDE
CITY HALL COMPLEX
PMSM #03023.00
ARCHITECTS
EXHIBIT III-A
SITE CRITERIA:
1. Be at the town's "center"
2. Accessible
3. Located at the "heart and soul" of the community
4. High visible
5. Organized
6. Pay attention to site that allows for expansion
7. Has adequate parking (no parking meters)
8. Center of city may not be "village"
9. Where City hall is placed will dictate the type of architectural style
10. Utilize underground parking
11. "Convenient" location
12. Historical area
13. Make it the "drawing card" for community and tourists
2020 ALAMEDA PADRE SERRA, SUITE 220 SANTA BARBARA. CA 93103 TEL 805-963-1955 FAX 805-564-8582
SANTABARBARA, CA . PASO ROBLES. CA . SANTAMARIA, CA . NORWOOD, MA
CITY OF ARROYO GRANDE
CITY HALL COMPLEX
PMSM #03023.00
ARCHITECTS
EXHIBIT III - B
SITE SELECTION
1. Site (for current planned activities)
2. Vehicular access to site
3. Size (for future expansion)
4. Parking (customer, employee, city fleet)
5. Cost (land, construction, relocation)
6. Demolishing buildings of historical significance
7. Multiuse (shared parking, future buildings, projects)
8. Environmental orientation
9. Relocating homes
10. Relocating businesses
11. Pedestrian access to site
12. Parking (auxiliary for other uses)
13. Urban revitalization
14. Visibility
15. Location near other city facilities
16. Removing property and buildings from tax roles
17. Bus service
2020 ALAMEDA PADRE SERRA, SUITE 220 SANTA BARBARA, CA 93103 TEL 805-963-1955 FAX 805-564-8582
SANTABARBARA, CA . PASO ROBLES, CA . SANTAMARIA, CA . NORWOOD, MA
-.-..----.--
CITY OF ARROYO GRANDE
CITY HALL COMPLEX
PMSM #03023.00
ARCHITECTS
EXHIBIT IV
SITE SPECIFIC RECOMMENDATIONS:
1. It should "span" the creek.
2. "Park" at Mason Avenue.
3. South County five acres; address future of possible consolidated cities.
4. James Way school site.
5. Loomis land at east end of Branch.
6. Old Presbyterian site on Bridge Street.
7. Next to the existing fire station on Station Way.
8. A Traffic Way site.
9. Gould parking lot.
10. Property east of D's Market
GENERAL COMMENTS
1. Provide City offices in two sites; anticipate future change in City
boundaries, i.e. consolidation with other locals.
2. Join with other cities. It takes a population of 50,000 to make a
financially viable city.
2020 ALAMEDA PADRE SERRA. SUITE 220 SANTA BARBARA, CA 93103 TEL 805-963-1955 FAX 805-564-8582
SANTABARBARA, CA . PASO ROBLES, CA . SANTA MARlA, CA . NORWOOD, MA
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