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Agenda Packet 2004-06-22 CITY COUNCIL Ctt! of AGENDA Arr~o Grancle Tony M. Ferrara Mayor Sandy Lubin Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, JUNE 22,2004 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1, CALL TO ORDER: 7:00 P ,M, 2, ROLL CALL 3, FLAG SALUTE: AMERICAN LEGION POST NO, 136 4, INVOCATION: PASTOR ROBERT BANKER, OPEN DOOR CHURCH,OCEANO 5, SPECIAL PRESENTATIONS: None. 6, AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. ---- ~--_._------ . _.__._--~. AGENDA SUMMARY - JUNE 22, 2004 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 The recommendations for each item are noted, Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action, The City Council may approve the remainder of the Consent Agenda on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 listings of cash disbursements for the period June 1, 2004 - June 15, 2004. 8.b. Consideration of Cash Flow AnalvsislADDroval of Interfund Advance from the Water Facility Fund (SNODGRASS) Recommended Action: Receive and file the May 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of May 31,2004. 8.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting and the Regular City CounciVRedevelopment Agency Meeting of May 25, 2004 and the Special City Council Meeting and Regular City Council/Redevelopment Agency . Meeting of June 8, 2004 as submitted. 8.d. Consideration of ADDolntment to Downtown Parkina Advisory Board (ADAMS) Recommended Action: Approve the appointment of Greg Moore to the Downtown Parking Advisory Board as recommended by Mayor Ferrara. AGENDA SUMMARY - JUNE 22, 2004 PAGE 3 8, CONSENT AGENDA (continued): 8.e. Consideration of Elimation of Full-Time Code Enforcement Officer Position and Creation of Part-Time Neiahborhood Services Coordinator Position (ADAMS) Recommended Action: Adopt Resolution eliminating the position of Code Enforcement Officer and establish a part-time Neighborhood Services Coordinator position; and 2) Approve providing one month of severance pay for the affected employee, 8.1. Consideration of Resolutions Relatina to the 2004 General Munl~iDaI Electi9n (WETMORE) Recommended Action: 1) Adopt Resolution calling and giving notice of a General Municipal Election to be held in the City on Tuesday, November 2, 2004, for the election of certain officers of the City; and 2) Adopt Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate the General Municipal Election to be held on November 2, 2004, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code, 8.g. Consideration of DlsDosal of SurDlus Bicycles (TerBORCH) Recommended Action: Adopt Resolution declaring bicycles as surplus for donation to the San Luis Obispo County Sheriff's Offices to be refurbished and donated to needy children, 8.h. Consideration of Salary Adiustments for Manaaement EmDloyees (ADAMS) Recommended Action: Adopt Resolution approving salary adjustments for management employees for Fiscal Year 2004-05. I r I 8.i. Consideration to ADDrove a Consultant Services Aareement to Prov'~e Services In Coniunctlon with the Annual Creek Cleanlna Proaram{SPAGNOLO) Recommended Action: 1) Approve a Consultant Services Agreement with Tenera Environmental for services in conjunction with the annual creek cleaning program in I the amount of $13,295,00; and 2) Authorize the Mayor to execute the Agreement. I ! 8.j. Consideration of Authorization to Solicit Bids for the Valley Gardens Paving Prolect. Proiect No, PW 2004-q4 (SPAGNOLO) Recommended Action: 1) Authorize the Public Works Department to solicit public construction bids for the Valley Gardens paving Project, PW 2004-04; 2) Find that the project is categorically exempt from CEQA pursuant to Section 15301 (c); and 3) Direct the Director of Administrative Services to file a Notice of Exemption. I Consideration of Authorization to SQII~it Bic;js for the Annual Pavement I 8.k. I Manaaement Proaram. PW 2004-06 (SPAGNOLO) Recommended Action: 1) Authorize the solicitation of construction bids for the annual Pavement Management Program; 2) Find that the project is categorically I exempt from CEQA pursuant to Section 15301 (c); and 3) Direct the Director of I Administrative Services to file a Notice of Exemption. I ! AGENDA SUMMARY - JUNE 22, 2004 PAGE 4 8, CONSENT AGENDA (continued): 8.1. Consideration to ADDrove Final Parcel MaD AG 01-139: SubdividinG Two (2) Parcels Into Four (4) Residential Parcels at 1260 and 1270 Poolar Street (SPAGNOLO) Recommended Action: Approve Final Parcel Map AG 01-139, subdividing 0.90 acres into four (4) parcels, ranging in area from approximately 6,300 to 15,900 square feet. 9, . PUBLIC HEARINGS: 9.a. Consideration of an Ordinance Amendlna ArrOYO Gran~e 'unlet..1 Code Section 16,6(1.050 Reaardina Underaround Utill~es and the Establishment of an Underaround Utility In-Lleu Fee (STRONG) Recommended Action: The Planning Commission rE;tcommends the City Council introduce an Ordinance amending Municipal Code Section 16,68.050 regarding underground utilities and the establishment of an underground utility in-lieu fee, 9.b. Consideration of General Plan Amendment 04-991 to ~lim'nate the Planned Develooment Overlay. and DeveloDrnent Code Amendme.,t 94-001 to ChanGe to Zonlna from Sinai, Family Resldenti.,. tsF~ to Senior R..~entlal taR} fvr ProD8rtv Located at 295. 279. and 265 Alder Street (STRONG) Recommended Action: 1) Introduce Ordinance approving Development Code Amendment 04-001; and 2) Adopt Resolution approving General Plan Amendment 04-001. 9.c. Consideration of Tentative Tract MaD Case No. 04-001: Condominium Tract MaD for a PreviouslY ADoroved 6O-tJnlt Senior ADartment ComDlex: 579 Camino Mercado: Camino Mercado Partners. L~ (STRONG) Recommended Action: Adopt Resolution approving Tentative Tract Map 04-001, 10, CONTINUED BUSINESS: 10.a. Consideration of ADDroval of CooD8ratlve Fire Services Aareement wltb Ult City of Grover a.ach (FIBICH) Recommended Action: 1) Accept and approve the Cooperative Fire Services Agreement with the City of Grover Beach; 2) Authorize the City Manager to execute the Agreement; and 3) Appoint one member of the City Council to serve on the Implementation Committee. 10.b. Consideration of City Hall ComDlex Needs Assessment and Feasibility Study (ADAMS) Recommended Action: 1) Approve the City Hall Complex Needs Assessment and Feasibility Study preferred site; 2) Approve the preferred architectural approach; 3) Approve the proposed funding strategy; and 4) Direct staff to proceed with the proposed implementation strategy, AGENDA SUMMARY - JUNE 22, 2004 PAGE 5 11, NEW BUSINESS: 11.a. Consideration to Convert One Community Services Officer Position to a Police OffIcer Position (TerBORCH) Recommended Action: 1) Approve the conversion of one (1) Community Services Officer (CSO) position to a Police Officer position to provide DARE Officer services; and 2) Authorize the City Manager to enter into an agreement with the City of Grover Beach to provide DARE services. 12, CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY M, FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Integrated Waste Management Authority (IWMA) (4) Other (b) MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) California Joint Powers Insurance Authority (CJPIA) (4) Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (d) COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition (2) Other (e) COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD) (2) Other 13, CITY COUNCIL MEMBER ITEMS: The following item{s) are placed on the agenda by the Mayor and/or a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken, a) None. _._-~- ~_.__._._-----_._--- AGENDA SUMMARY - JUNE 22, 2004 PAGE 6 14, CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a) None. 15, COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16, STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17, COMMUNITY COMM~NTS 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. 18, 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 was prepared and posted pursuant to Government Code Section 54954.2. I f www.arroyogrande,org 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA SNODGRASS, DIRECTOR OF FINANCIAL ~ICE9 BY: FRANCES R, HEAD, ACCOUNTING SUPERVISO SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period June 1-June 15, 2004. FUNDING: There is a $1,188,027.86 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 staffs recommendation; . Do not approve staffs recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - June 4, 2004 Accounts Payable Check Register Attachment 3 - June 4,2004 Accounts Payable Check Register Attachment 4 - June 11, 2004 Accounts Payable Check Register Attachment 5 - June 11, Payroll Checks & Benefit Checks Register - ---_..~. ~~-- ---'- -~,-,-- . ~._~_. A IT ACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS 77M de '1'eJriM fJj P-e 1 7~ P-e 15. 2004 June 22, 2004 Presented are the cash disbursements issued by the Deparhnent of Financial Services for the period June 1 to June 15, 2004. Shown are cash disbursements by week of occurrence and type of payment. WEHT( TYPE OFPA'YMEN'iIl' June 4, 2004 Accounts Payable Cks 115898-116012 2 $630,365.50 Accounts Payable Cks 116013-116014 3 3,111.29 633,476.79 June 11, 2004 Accounts Payable Cks 116033-116116 4 $192,937.02 Payroll Checks and Benefit Checks 5 361,614.05 554,551.07 Two Weeks Total $ 1.188.027.86 T:\ winword\ CITY COUNCIL FORMS\ CASH DISBURSEMENT SCHED.doc CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) I 4102 - Printing/Duplicating 4553 - Public Transit System. 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund (Fund 640) 4304 - Street lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance Dept. 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C :J .... ~ J:_ .... ~ ~ CJCO CII 0 ~ ~ ~ ~ ~ >0 ID > ATTACHMENT 5 2 Ot1 LJ,-~ \ 2 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD OS/21/04 - 06/03/04 06/11/04 FUND 010 325,653.06 Salaries Full time 169,789.04 FUND 220 16,219.76 Salaries Part-Time - PPT 24,423.96 FUND 284 909.97 Salaries Part-Time - TPT 5,433.87 FUND 612 5,467.91 Salaries OverTime 18,216.49 FUND 640 13,363.35 Salaries Standby 386.07 361,614.05 Holiday Pay 20,874.88 Sick Pay 5,696.67 Annual Leave Buyback - Vacation Buyback - Sick Leave Buyback - Vacation Pay 4,755.97 Comp Pay 4,380.08 Annual Leave Pay 4,401.92 PERS Retirement 38,694.19 Social Security 18,672.24 PARS Retirement 291.56 State Disability Ins. 1,124.75 Deferred Compensation 725.00 Health Insurance 36,601.27 Dental Insurance 4,439.28 Vision Insurance 991.03 Life Insurance 740.78 Long Term Disability - Uniform Allowance - Car Allowance 875.00 Council Expense - Employee Assistance - Boot Allowance - Motor Pay 100.00 - 361,614.05 -- --- 8.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICEj SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANAL YSI AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER AND WATER FACILITY FUNDS DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council: . Accept the May 2004 cash report, . Approve the interfund advance of $1,665,217 from the Water and the Water Facility Funds to cover cash deficits in other funds as of May 31, 2004. FUNDING: No outside funding is required. DISCUSSION: Revenues in individual funds are earned in uneven amounts during each month of the year; however, expenses in these funds are paid out in fairly consistent amounts. These differences cause some funds to have temporary cash deficits while waiting for revenues to equal expenses. For investment purposes, the City pools cash in individual funds into one bank account. Since the City pools the cash of all funds, individual fund shortages are not readily apparent. However, in reality, funds with excess cash are "financing" the shortages in other funds until revenues equal expenses. This report is prepared to present to the City Council individual fund shortages and the funds financing those shortages. By year-end, all funds are expected to have positive cash balances. AL TERNA TIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation and accept the report; - Do not approve staff recommendation and decline the report; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachment: A - Cash Balancellnterfund Advance Report --- ---.---_.- ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At May 31, 2004 Balance at Recommended Revised Fund Advances Balance 010 General Fund 2,852,689 2,852,689 210 Fire Protection Impact Fees 202,125 202, 125 212 Police Protection Impact Fees 45,942 45,942 213 Park Development 601,598 601,598 214 Park Improvement 154,052 154,052 215 Recreation Community Center 11,338 11,338 217 Landscape Maintenance 34,034 34,034 220 Street (Gas Tax) Fund 27,556 27,556 221 Traffic Congestion Relief 43,216 43,216 222 Traffic Signalization 527,835 527,835 223 Traffic Circulation 467,494 467,494 224 Transportation Facility Impact 2,004,351 2,004,351 225 Transportation 22,650 22,650 226 Water Neutralization Impact 779,214 779,214 230 Construction Tax 105,694 105,694 231 Drainage Facility 26,413 26,413 232 In-Lieu Affordable Housing 964,303 964,303 241 Lopez Facility Fund 1,123,181 1,123,181 250 CDBG Fund 41,612 41,612 271 State COPS Block Grant Fund 10,711 10,711 272 Calif. Law Enf. Technology Grant (7,259) 7,259 0 279 00-01 Fed Local Law Enforcement Grant 67 67 284 Redevelopment Agency 30,303 30,303 285 Redevelopment Set Aside 181,168 181,168 350 Capital Projects (1,657,958) 1,657,958 0 470 Fire Station Bond-Debt Service 120,314 612 Sewer Fund 21,295 21,295 634 Sewer Facility 175,169 175,169 640 Water Fund 3,032,997 (665,217) 2,367,780 641 Lopez 548,907 548,907 642 Water Facility 1,317,152 (1,000,000) 317,152 751 Downtown Parking 26,386 26,386 760 Sanitation District Fund 54,656 54,656 Total City Wide Cash 13,889,205 0 13,768,891 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF MAY 31, 2004 -- ._-~.._-- I.c. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 25, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:32 p.m. Council Members Lubin, Dickens and Costello, City Manager Adams, City Attorney Carmel, and Parks, Recreation & Facilities Director Hernandez were present. Council Member Runels was absent. 2, PUBLIC COMMENT: None, 3, CITY COUNCIL CLOSED SESSION: a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956: Agency Negotiator: Daniel Hernandez Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) 4, RECONVENE TO OPEN SESSION: I Mayor Ferrara announced that there was no reportable action from the closed session, r 5, ADJOURNMENT TO REGULAR CITY COUNCIL MEE:rU~G: The meeting was adjourned at 7:00 p,m. I I Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services! Deputy City Clerk -- -"'"---- MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, MAY 25,2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2, ROLL CALL City Council/RDA: Council/Board Members Dickens, Costello, Mayor Pro TemlVice Chair Lubin, and Mayor/Chair Ferrara were present. Council/Board Member Runels was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Assistant City Engineer Linn, Director of Building and Fire Fibich, Community Development Director Strong, and Associate Planner Heffemon. 3, FLAG SALUTE Dan Cashier, President of the Rotary Club of Arroyo Grande, led the Flag Salute. 4,INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5, SPECIAL PRESENTATIONS Mayor Ferrara requested, and the Council concurred, to adjoum the meeting in honor and memory of Private First Class Michelangelo Mora. Michelangelo was raised in Arroyo Grande, attended local schools, and was popular and well known in the community, He joined the Army and was assigned to a Fort Polk, Louisiana unit, but had been accepted to attend the elite 1018t Army Airbome training after retuming from Ir~q. Michelangelo was scheduled to retum home from Iraq before his unit's tour of duty was lengthened last month, Sadly, he suffered a head injury in a vehicle accident while on patrol with his unit and passed away on May 14, 2004. On behalf of the City Council and the City of Arroyo Grande, Mayor Ferrara expressed deepest sympathies to Michelangelo's parents, Maria and Mike, and their extended families. He also announced that in the near future, the City of Arroyo Grande would be planting and dedicating a tree at Rancho Grande Park in Michelangelo's name. 6, AGENDA REVIEW 6.a, Resolutions and Ordinances Read In Title Only Mayor Pro Tem Lubin moved, Council Member Costello seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7, CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. 8, CONSENT AGENDA Council Member Costello requested that Item 8.b. be pulled for separate roll-call vote. '''-'~'''''~'._._.-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 2 Counci~ Member Costello moved, and Mayor Pro Tem Lubin seconded the motion. to approve Consent Agenda Items 8.a. through 8.h., with the exception of 8.b., with, the recommended courses of action. The motion carried on the following roll-call vote: AYES: Costello, Lubin, Dickens, Ferrara NOES: None ABSENT: Runels 8.a, Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period May 1, 2004 - May 15, 2004. 8,c, Consideration of Fiscal Year 2004-05 Appropriation Limit, Action: Adopted Resolution No. 3750 establishing the appropriation limit from tax proceeds for fiscal year 2004-05. 8,d. Consideration of Approval of Minutes, Action: Approved the minutes of the Regular City Council Meeting of May 11, 2004 8,e, ' Consideration of Authorization to Solicit Proposals for Environmental Services for Creek Cleaning Work, Action: Authorized the solicitation of proposals for environmental services to be provided in conjunction with cleaning the creeks, 8.1, Consideration of Disadvantaged Business Enterprise (DBE) Program for Federal Fiscal Year (FFY) 2004-2005. Action: 1) Approved the submittal of the FFY 2004/05 DBE Program with "proposed" Overall Annual DBE Goal and submit to Caltrans by June 1, 2004; 2) Directed the Director of Administrative Services to publish a public notice in the local media in accordance with Section XIV of the Program; and, 3) Directed staff to return to the Council' with a summary of public comments and approval to submit the FFY 2004/05 DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1, 2004. 8,g, Consideration of Acceptance of the Crown Hili Sewer Lining Project, PW 2003-06. Action: 1) Accepted the project improvements, a~ constructed by Sancon Technologies, Inc., in accordance with the plans and specifications for the Crown Hill Sewer Lining Project; 2) Directed staff to file a Notice of Completion; and, 3) Authorized release of retention of $6,823.85, thirty-five (35) days after the, Notice of Completion has been recorded, if no liens have been filed. 8.h. Consideration of Authorization to Use City Property, Close City Streets, and Waive Permit Fees and a Portion of Police Service Fees for the Annual Arroyo Valley People's Choice Car Show on July 31,2004; Temporary Use, Permit No. 04-005, Action: Adopted Resolution No. 3751 authorizing the use of City property, closure of City streets, and waiver of permit fees and a portion of police service fees for the Annual Arroyo Valley People's Choice Car Show on July 31, 2004, Council Member Costello declared a conflict of interest on Item 8.b. due to ownership of real property and stepped down from the dais. '-- --"- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 3 8,b, Consideration of Confirmation of A$sessments, Recommended Action: 1) Adopt Resolution confirming landscaping assessments of forty dollars ($40) for all parcels within Tract 1158; and, 2) Adopt Resolution confirming landscaping and lighting assessments of one hundred dollars ($100) for all parcels within Tract 1769. Mayor Pro Tem Lubin moved to approve staff's recommendations, Council Member Dickens seconded, and the motion carried on the following roll-call vote: AYES: Lubin, Dickens, Ferrara NOES: None ABSENT: Runels, Costello 9, PUBLIC HEARING 9.a, Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow Financial Institution to Occupy Building "J" of the Five Cities Shopping Center; 911 Rancho Parkway; Wells Fargo Bank. Associate Planner Heffernon presented the staff report and stated the Planning Commission recommended the Council adopt a Resolution approving the proposed project, She responded to questions from Council regarding future occupancy in Phase II, traffic generation figures, employee parking, automatic teller machine (ATM) lighting standards, loss of sales tax revenue, and overall parking impacts. Mayor Ferrara opened the public hearing. Susan Ambrosia, Wells Fargo Bank Project Manager, stated this would be a traditional bank and responded to questions regarding employee parking, ATM lighting standards, the issue of sales tax revenue, and stated that banks typically locate in shopping centers and Wells Fargo would offer banking services for businesses located in ~e Five Cities Center, Dave Pintard, Investec, stated that the use would be an asset to the Center and stated retailers currently located in the Center supported a bank at this location. Craie Machado,. Via Bandolero, stated that the project impacts his home; spoke about the existing excessive noise level at Trader Joe's; opposed any use that intensifies the traffic and noise levels; and stated he would like to see a new traffic study conducted and the noise issues addressed before approving this project. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello stated that Wells Fargo would probably be a good addition to the Center that would service the existing commercial facilities in the Center; however, there would be a trade-off with the loss of sales tax revenue. He stated the bank would draw customers to the existing retail stores in the Center. He expressed concerns about the project related traffic and its impact on Rancho Parkway, and stated that he would like to see a new traffic study before considering the project further, Council Member Dickens referred to the current projections for sales tax revenue and stated that a bank could be a benefit to the Center. He stated that he sees a bank as a better use in Phase _._-~..._- ~-----_. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 4 1 of the Center due to the traffic and parking problems the use would create in Phase 2. He stated that there was a need to conduct a traffic analysis and that he was not prepared to make a decision until further information was received. Mayor Pro Tem Lubin stated that Wells Fargo would not be a high volume bank; commented that the A TM lighting issue was based on State regulations; commented that the building proposed for occupancy by Wells Fargo has been vacant for more than five years; said he did not want to assume that this use would impact Pad I; and that the existing parking was adequate. With regard to the noise factor, he agreed that there were ordinances in place to address high noise level impacts and that these issues should be referred to the Police Department or City Manager. In response to questions regarding past and current sales tax revenue projections, City Manager Adams reported the figures provided by the Financial Services Director for fiscal years 2002-03 and 2003-04. Mayor Pro Tem Lubin acknowledged that traffic issues exist and stated that the issue was whether a bank would benefit the City. He said the bank would benefit the City in this location, on this side of the freeway. He commented that the traffic generation and parking impacts would be the same or less compared to any retail use. Mayor Ferrara stated that a bank would be more suitably. located in other locations within Phase 1 of the Center and not at the proposed location in Phase 2. He spoke about the traffic problems and impacts going across Rancho Parkway from Phase 1 to Phase 2, He suggested that Investec talk to Wal-Mart representatives for locating a bank in Phase 1 in the empty space next to Wal-Mart. He said there was a need for low intensity uses in Phase 2. He also requested that an expanded traffic study be conducted for the entire Center that included driveway counts at peak periods. Council Member Costello moved that consideration of Amended Conditional Use Permit Case No. 04-001 to allow a financial institution to occupy BuildingJ of the Five Cities Shopping Center; 911 Rancho Parkway, Wells Fargo Bank be postponed to a date uncertain until such time a . traffic study is conducted of conditions on Rancho Parkway and W, Branch Street that takes into consideration impacts from the proposed project. Council Member Dickens seconded the motion, and requested further discussion. He stated he had concerns with parking and stated he would like to see the traffic analysis for Phase II include assumptions for Pad I, as well as include parking assumptions for Pad I. Council Member Costello agreed to amend his motion to include a review of traffic and parking issues based upon a plan for the entire Phase II site, including proposed modifications to Pad I. Council Member Dickens seconded the amended motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens. Ferrara NOES: Lubin ABSENT: Runels There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby decl~red to be passed. ---_.~._- -~--- .---.---- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 5 10, CONTINUED BUSINESS 10,a, Consideration of the Arroyo Grande Creek Habitat Conservation Plan. Assistant City Engineer Mike Linn introduced Doug Bird, Project Manager, and Kate Ballantyne, Environmental Resource Specialist, who gave a PowerP6int presentation on the Flood Control Zone 3 Lopez Project relating to water rights and endangered species. Mr. Bird stated that the presentation would explain what a Habitat Conservation Plan (HCP) is, why an HCP was prepared, and what the benefits and burdens of an HCP are. Ms. Ballantyne gave an overview of the HCP, events leading to the preparation of the Arroyo Grande Creek HCP, proposed mitigation, and the HCP review and approval process. Mr. Bird explained the HCP's anticipated results, gave an overview of the concerns relating to water supply and financial impacts, reviewed the HCP schedule of costs, reviewed penalties for violation of the Endangered Species Act, and explained the next step was to enter into a formal public review and comment period. Following the presentation, Mr. Bird and Ms. Ballantyne responded to questions from Council. Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period. There was no action on this item. The Council received and accepted the San Luis Obispo County staff presentation on the Arroyo Grande Creek Habitat Conservation Plan. Mayor Ferrara called for a break at 9:35 p.m. The Council reconvened at 9:45 p.m. 11. NEW BUSINESS 11.a, Consideration of a Cooperative Fire Services Agreement with the City of Grover Beach and the Reorganization of Code Enforcement, Director of Building and Fire Fibich presented the staff report and recommended the Council accept and conceptually approve entering into a cooperative agreement that will allow. the sharing of the Fire Chiefs and the Administrative Captain's functions and reorganizing the Code Enforcement function into the Department of Building and Fire.. He introduced City of Grover Beach Interim Fire Chief Doug Hamp and stated they were available to answer questions. City Manager Adams then gave an overview of the proposal to transfer code enforcement operations to the Fire Department. Director of Building and Fire Fibich responded to questions from Council Members regarding the code enforcement function and responsibilities, Mayor Ferrara opened the item for public comment. Dave Crockett, Arroyo Grande Code Enforcement Officer, spoke in opposition to the proposed restructuring of the Code Enforcement function, gave a presentation and submitted materials for the record regarding the elimination of the code enforcement officer position (hard copy on file in the Administrative Services Department). .------ >-----. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 6 Rick SearCY, representing Oceano Community Services District (OCSD), commented that OCSD and the City of Grover Beach have a current agreement in place to share services. He requested that as the Arroyo Grande City Council considers entering into an agreement with Grover Beach, that OCSD wants to continue to be;pvolved in joint training opportunities. He supported Arroyo Grande's efforts for shared. services and concluded his comments by suggesting an oversight committee be created to consist of representatives from each Council and Board. Bruce Corsaw, representing SEIU Local 620, spoke in opposition to the proposal regarding the reorganization of code enforcement and requested the Council not accept or approve that portion of the proposal. Peaav Wilson, Oceano resident, supported the City's efforts regarding the joint agreement for fire services. She also supported the expertise of the current Code Enforcement Officer. Hearing no further public comments, Mayor Ferrara closed the public comment period. , Council Member Costello asked questions of staff regarding the benefits to the City of sharing. fire services; how the code enforcement duties will be managed within the Fire Department; clarification regarding citation authority; and clarification regarding approval of the proposal by the Grover Beach City Council. He commented that a cooperative agreement with Grover Beach is a positive move; encouraged OCSD involvement; and expressed some reservation about code enforcement; however, he supported staff's recommendation. Council Member Dickens stated he supported the operational changes with fire services; however, he was not satisfied that the proposed restructuring of Code Enforcement would adequately address the expectations of Arroyo Grande residents. He commented that if the code enforcement component was removed from the proposal, he could support the plan. He stated that code enforcement requires certain training and expertise. He said there was a lack of accountability for code enforcement in the proposed reorganization, He suggested moving forward with the conceptual plan minus the transfer of code enforcement. Mayor Pro Tem Lubin favored the proposed agreement between the two cities. He stated that OCSD should be considered, especjally for training opportunities. He asked if the proposed restructuring of code enforcement had been discussed with the fire personnel and what their response was. Director of Building and Fire Fibich responded that there had not been any negative reaction, Mayor Pro Tem Lubin said that from an economic and workload standpoint, he supported transferring code enforcement to the Fire Department. He acknowledged that it was difficult to eliminate a position; however, in light of budgetary shortfalls, he supported staff's recommendation. He supported the fire organization proposal, moving code enforcement to the Fire Department, and elimination of the code enforcement position. Mayor Ferrara acknowledged that as far as code enforcement, it is clear that it will continue to required continuing education and training, He stated that standardization would be required to maintain a level of proficiency of enforcement. He supported following through with the conceptual framework as . proposed and stated he would like to see in place an established procedure for code enforcement which includes training, standardization, and accountability. He emphasized that he would like to see. that code enforcement efforts are proactive instead of complaint driven. ---- - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 7 Following further discussion, Council Member Dickens moved to accept and conceptually approve staff's recommendation to enter into a cooperative agreement with the City of Grover Beach that will allow the sharing of the Fire Chiefs and the Administrative Captain's. functions and direct staff to return to the Council after one year following the reorganization to revisit the code enforcement function and determine how it could be transferred into the Dept of Building and Fire. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello NOES: Lubin, Ferrara ABSENT: Runels There being 2 AYES, 2 NOES, and 1 ABSENT, the motion was lost on a tie vote. Mayor Pro Tem Lubin moved to accept and conceptually approve staff's recommendation to enter into a cooperative agreement with the City of Grover Beach that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions and reorganize the Code Enforcement function into. the Department of Building and Fire. Mayor Ferrara seconded the motion, and on the following roll-call vote: AYES: Lubin, Ferrara, Costello NOES: Dickens ABSENT: Runels There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 11.b, Consideration of Third Quarter Budget Status Report [COUNCIURDA], Director of Financial Services Snodgrass presented the staff report and recommended the CounciVRDA Board: 1) Approve detailed budget adjustments and recommendations as shown on Schedule B; and, 2) Approve Schedules A through E included in the Third Quarter Budget Status Report. Mayor/Chair Ferrara opened the item for public comment, and hearing none, he closed the public comment period. Mayor Pro TemlVice Chair Lubin moved to approve detailed budget adjustments and recommendations as shown on Schedule B; and approve Schedules A th~ough E included in the Third Quarter Budget Status Report. Council/Board Member Dickens seconded the motion, and on the following roll-call vote: AYES: Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: Runels There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. ----- ---~ -- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 8 11,c, Consideration of Ten Year Financial Plan, Phase III, Director of Financial Services Snodgrass gave a presentation of the City. of Arroyo Grande General Fund Ten Year Financial Plan, Phase III. She gave an overview of the Financial Plan objectives, reviewed components of the three phase Plan, gave an update on Phase II of the Plan, and presented needs, goals, and funding strategies for Phase III of the Plan. Staff recommended the Council receive, provide comments, and accept the Ten Year Financial Plan, Phase III - Future Needs and Objectives. Staff responded to questions from Council. Mayor Ferrara opened the item for public comment, and hearing none, he closed the public comment period. Council Member Dickens moved to accept the Ten Year Financial Plan, Phase III - Future Needs and Objectives. Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote: AYES: Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: Runels There being 4 A YES and 1 ABSENT, the motion is hereby declared to be passed. Pursuant to Council policy, at 12 midnight Mayor Ferrara asked if there was unanimous consensus of the Council to complete the items on the Agenda. Council Member Dickens moved to adjourn the meeting and ~ntinue Item 11.d. Consideration of Initiating a General Plan A!'nendment for Property Located on Noyes Road (APN's: 007-781-055 & 007-781-056) Planned Development (1,2), City of Arroyo Grande (Castlerock Development), and Item 12. City Council Repolis to the next regular meeting. Mayor Pro Tem Lubin seconded the motion, and the motion carried unanimously. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 12:06 a.m. Tony M, Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk/Agency Secretary (Approved at CC Mtg ) -~-----_.,---- '---~~~ - "'-~-_._,--_..- MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JUNE 8, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:31 p,m, Council Members Runels, Dickens and Costello, City Manager Adams and City Attorney Carmel were present. Council Member Lubin was absent. 2, PUBLIC COMMENT: None, 3, CITY COUNCIL CLOSED SESSION: a, CONFERENCE WITH LABOR NEGOTIATOR pursuant to Govemment Code Section 54956: Agency Negotiator: Steven Adams Unrepresented Employees: Management Employee 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 ----- ~,--". MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JUNE 8, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARR~YQ~.RANDE, CALIFORNIA 1, CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:03 p.m, 2. ROLL CALL City CounciVRDA: CounciVBoard Members Runels, Dickens, Costello, and Mayor/Chair Ferrara were present. Mayor Pro TemNice Chair Lubin was absent. City Staff Present: City Manager Adams, City Attomey Carmel, Director of Administrative Services Wetmore, Director of Building and Fire Fibich, Chief of Police TerBorch, Director of Public Works Spagnolo, Assistant City Engineer Linn, Engineering Assistant Pruitt, Community Development Director Strong, and Assistant Planner Foster. 3, FLAG SALUTE Charles Howell, Jr. Vice Commander, VFW Post 2829, led the Flag Salute. 4, INVOCATION Pastor Richard Scham delivered the invocation. 5, SPECIAL PRESENTATIONS 5.a. Presentation of GIS System, Director of Public Works Spagnolo introduced Assistant City Engineer Mike Linn, Engineering Assistant Chuck Pruitt, and Assistant Planner Ryan Foster, who would be giving a presentation of the City's Geographic Information System (GIS), Assistant City Engineer Linn gave an overview of the definition of GIS, how GIS is used in Arroyo Grande currently, and demonstrated examples of how the system is used in the Public Works Department for identifying landmark city trees, storm drain atlas, sanitary sewer atlas, and water line atlas. He also demonstrated how the system could be used for creating presentations. Assistant Planner Foster demonstrated how the Community Development Department utilizes the GIS system for limd use issues and how it could be incorporated into the City's website to greatly assist the public in obtaining zoning information. Assistant City Engineer Linn concluded the presentation by giving an overview of how the system could be expanded in the future. 6, AGENDA REVIEW 6.a, Resolutions and Ordinances Read In Title Only ) Council Member Costello moved, Council Member Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. ---.--- -.--,..- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 2 7, CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS John Mack, representing S&S Homes, referred to the Jasmine Place project and asked for the City's cooperation in allowing placement of a job trailer at the City's Corporation Yard due to lack of space on their building site. Mayor Ferrara directed staff to contact Mr. Mack to discuss the issue. Michael Passarelli, President of the San Luis Obispo Food Bank Coalition, announced that June was Hunger Awareness Month and spoke about efforts being made to raise awareness about the problem of hunger in our communities. Garv Hoffman, Berry Gardens resident, asked when the Council would be discussing the closure of Courtland Street. Mayor Ferrara informed Mr. Hoffman the item was on tonight's agenda for consideration. 8. CONSENT AGENDA CounciVBoard Member Runels moved, and Council/Board Member Dickens seconded the motion to approve Consent Agenda Items B.a. through 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin 8.a, Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period May 16, 2004 through May 31,2004. 8,b, Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of May 31, 2004. 8,c, Consideration of Cash Flow Analysls/Approval of Interfund Advance from the Water and Water Facility Funds, Action: Received and filed April 2004 Cash Report and approved the interfund advance from the Water and Water Facility Funds to cover cash deficit in other funds at April 30; 2004, 8.d, Consideration of Increase In Mileage Reimbursement Rate for Employees and Volunteers. [COUNCIURDA] Action: Established 37 .5~ per mile as the employee/volunteer mileage reimbursement rate for FY 2004-05. 8,e. Consideration of Resolution Supporting the State Local Government Budget Package. Action: Adopted Resolution No. 3752 supporting the State Local Government Budget Package. 8.1, Consideration of Request to Rebroadcast the June 3, 2004 Arroyo Grande Watershed Forum on the CIty's Cable Television Government Channel, Action: Approved rebroadcasting the June 3, 2004 Arroyo Grande Watershed Forum on the City's cable television govemment channel. 9. PUBLIC HEARINGS None. ---._._~--- ~--_._---_.- -~----_._-_._. . CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 3 10. CONTINUED BUSINESS 10,a, Consideration of Initiating a General Plan Amendment for Property Located on Noyes Road (APN's: 007-781-055 & 007-781-056) Planned Development (1,2), City of Arroyo Grande (Castlerock Development). . Community Development Director Strong presented the staff report and responded to questions from Council regarding the site's previous designation prior to the 2001 General Plan update, whether the owner had come forward with development plans, and clarification regarding PD 1.2. Mayor Ferrara explained that what he was asking the Council to consider and approve would be to allow staff to initiate the General Plan Amendment process that would reduce the density for the property from Low Density to Very Low Density which would allow for a maximum of up to 21 homes. He stated this process would allow the Planning Commission to hold public hearings, study the issue, and perhaps make new recommendations. He stated this site is both visually and environmentally sensitive, is on the City's fringe, and not in the City's core. He commented that if the City continued to honor and abide by smart-growth principles, there seems to be a conflict in terms of apprOach. He said there could be some planning deficiencies that need to be revisited with regard to traffic and infrastructure and this p~ocess would give the City a chance to consider cumulative traffic impacts in the area that. have occurred over the past three years, He concluded by asking Council for support in initiating this process. Council Member Dickens stated that during the 2001 General Plan update process, he had concerns about the ultimate designation of this parcel due to the unknown environmental impacts, Meadow Creek, and traffic and circulation cumulative impacts. He concurred with Mayor Ferrara's concems and supported his request. In response to a question by Council Member Costello, Director Strong explained the effects the processing of a General Plan Amendment would have on the applicant's options and processes. Council Member Costello agreed that it would be prudent to look at cumulative impacts on the site. He supported the Mayor's request. Council Member Runels expressed concems about reducing density due to the need for more homes in the City. He said he could not support the request. Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period, Mayor Ferrara moved to direct staff. to initiate public hearings to consider a General Plan Amendment, for an approximately 53 acre property located on the southeast side of Noyes Road at the northwest edge of the City limits, which is currently designated low Density Residential and Conservation/Open Space Planned Development. Council Member Dickens seconded City Attomey Carmel asked for clarification as to the specific proposed change in General Plan designation for purposes of providing the public with adequate notice, Mayor Ferrara stated that he proposed to initiate an amendment to change the current General Plan designation to Very low Density and Conservation/Open Space Planned Development and amended his motion accordingly. Council Member Dickens seconded the amended motion, and on the following roll- call vote: -"._------ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 4 AYES: Ferrara, Dickens, Costello NOES: Runels ABSENT: Lubin There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 10.b, Consideration of Implementation Plan for Code Enforcement Program Changes, City Manager Adams presented the staff report and recommended the Council approve the proposed implementation plan for changes to the City's code enforcement program. Council Member Dickens stated he had one concern that has not been addressed. He said the community has one point person to address all issues. He stated he would like to see a formal system in place for the public to know who to contact regarding code enforcement issues. He liked the idea of a task force and supported the expanding the citation authority process. City Manager Adams stated that concerns expressed by Council Member Dickens would be addres~ed in two ways: 1) Public education efforts, and 2) A part-time position dedicated for the purpose of code enforcement administration, He explained that the part-time position would be assigned to the Building and Fire Department. Council Member Costello inquired about citation authority, Chief of Police TerBorch explained the current structure for citation authority. Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period. Council Member Runels moved to approve the proposed implementation plan for changes to the City's code enforcement program and to direct staff to prepare the necessary action items. Council Member Costello seconded the motion, and on the following roll-call vote: AYES: Runels, Costello, Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara called a break at 8:00 p.m. The Council reconvened at 8:05 p.m. 11, NEW BUSINESS Mayor Ferrara declared a conflict of interest due to ownership of real property near the proposed project and stepped down from the dais. He designated Council Member Costello as the Presiding Officer for Item 11.a. 11,a, Consideration of Temporary Use Permit 04-007; Authorization to Close Courtland Street Between Raspberry and Ash Streets for "Jasmine Place" Grading Operations, Storm Drainage and Utilities Installation; S&S Homes, CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 5 Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving Temporary Use Permit 04-007 and authorizing the closure of Courtland Street between Raspberry and Ash Streets for a three (3) month time period commencing June 30, 2004. He also recommended that pedestrian access through Courtland be restored. by August 15, 2004. Council comments and discussion ensued regarding pedestrian access, bussing for summer school students, and the significant impacts that would be created due to a long term street closure. Presiding Officer Costello opened the item for public comment. John Mack, representative for S&S Homes, gave an overview of the infrastructure improvements that needed to be installed and explained the amount of time that was needed to install the improvements, He said that their main concems are children and neighborhood safety. He stated that they could provide a pedestrian link by the time school starts. Garv Hoffman, resident of Berry Gardens, stated he canvassed the neighborhood and said they did not want the street to be closed for eight months. He said that was far too long. He stated that a 30 to 45 day closure was adequate, Hearing no further public comments, Presiding Officer Costello closed the public comment period. Council Member Dickens stated that a three month closure seemed excessive; suggested property other than public rights of way for staging areas; and stated he would support a 45-day closure with consideration at that time for an extension. Further discussion ensued regarding pedestrian access issues, school district concerns, and what the appropriate amount of time would be for completing the improvements. John Mack. representing S&S Homes, expressed concems about closing Courtland for such a short period of time due to noticing requirements. Following discussion, Council Member Dickens moved to adopt a Resolution as follows: II A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 04-007. AUTHORIZING THE CLOSURE OF COURTLAND STREET BETWEEN RASPBERRY AND ASH STREETS FOR "JASMINE PLACE" GRADING OPERATIONS. STORM DRAINAGE AND UTILITIES INSTALLATION; S&S HOMES", as amended to add condition #11 as follows: The applicant shall restore pedestrian access to Courtland Street, to the satisfaction of the Public Works Director, prior to August 21, 2004. Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Dickens, Runels, Costello NOES: None ABSENT: lubin, Ferrara There being 3 A YES, and 2 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara returned to the dais. -- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 6 11.b, Consideration of Cablecastlng Planning Commission Meetings, City Manager Adams presented the staff report and recommended the Council discuss the presented information and if the City Council is interested in proceeding with cablecasting of Planning Commission meetings, direct staff to place this item on the agenda for the upcoming joint meeting with the Planning Commission for further discussion. He indicated that Steve Mathieu was present and available to respond to questions. Council Member Dickens referred to Alternative'2 and asked what the installation timeframe would be if the mounted camera system were purchased, Mayor Ferrara opened the item for public comment. Steve Mathieu, AGP Video, indicated it would be a minimum of three months. He gave an overview of tlis proposal. Hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Costello moved to instruct staff to put this item on the agenda for the Joint City Council/Planning Commission meeting, Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Costello, Runels. Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 A YES and 1 ABSENT, the motion is hereby declared to be passed. 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), Met May 5th - regarding deliberation and determination of the agreement between the American Land Conservancy and Hearst Ranch, SLOCOG approved the process to continue forward with the funding in that agreement; June meeting; Prop 42 and other transportation funds have been restored. {2) Integrated Waste Management Authority (IWMA) , Discussed administrative items; held election of officers for the coming year. (3) Other. None. b. MAYOR PRO TEM SANDY LUBIN: (ABSENT) (1) South County Area Transit (SCAT). None. (2) Economic Vitality Corporation (EVC), None. (3) Other. None. c, COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. Met in May; Recreation Area revenue is up over last year; the Lake is 50% full; held election of officers for the coming year. ~--- ~--- -- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 7 (2) County Water Resources Advisory Committee (WRAC). No report. . (3) Other. None. d, COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition. No report. (2) South San Luis Obispo County Sanitation District (SSLOCSD). The District continues to run well within discharge requirements; will be looking at recouping earthquake damage expenses through FEMA; working on the budget; scheduling an Open House this summer for tours of the Plant. (3) Other. Attended Arroyo Grande Watershed Forum, which will be rebroadcast on the City's government access channel. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). Met last week; laid off one employee; dealing with budget cuts. Working on complete elimination of green waste buming in unincorporated areas. (2) Other. None. 13, CITY COUNCIL MEMBER ITEMS: None. 14, CITY MANAGER ITEMS: a) Consideration of agenda item requests for joint City Council/Planning Commission Meeting, (ADAMS) City Manager Adams stated that items regarding HoteVMotel Strategy and televising Planning . . Commission meetings would be scheduled for discussion at the Joint City CounciVPlanning Commission meeting, He asked Council if there were any other issues the Council wanted to schedule. Council Member Runels asked if staff could provide an update on water availability. City Manager Adams indicated that item would be added to the agenda. 15. COUNCIL COMMUNICATIONS: Council Member Costello referred to the letter sent to the Council from Ride On Transportation requesting p1acement on a future agenda for a presentation. Staff was directed to place this request on a future agenda. Mayor Ferrara acknowledged and commended Mr. Bob Lund for his hard work and effort on the Strawberry Festival. He also acknowledged Kirk Scott and members of the South County Historical Society regarding the ceremony of dedicating new bam. 16, STAFF COMMUNICATIONS: City Manager Adams announced that City Hall would be closed on Friday, June 11, 2004 in observance of a National Day of Moumin9 due to the death of former President Ronald Reagan. He also announced that the Village Improvement Association would be organizing a memorial in the Village. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. ----~~.- ---.-----...+ ~~ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 8, 2004 PAGE 8 18, ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:06 p.m. Tony M. Ferrara, Mayor/Chalr ATTEST: Kelly Wetmore, Director of Administrative Servlcesl Deputy City Clerk/Agency Secretary (Approved at CC Mtg ) ------- --------- --..--- B.d. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ft-- SUBJECT: CONSIDERATION OF APPOINTMENT TO DOWNTOWN PARKING ADVISORY BOARD DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council approve the appointment of Greg Moore to the Downtown Parking Advisory Board as recommended by Mayor Ferrara. FUNDING: There is no fiscal impact. DISCUSSION: On January 13. 1997, the City Council adopted Ordinance No. 481 C,S. amending the composition of applicable Commissions and Boards from seven to five members and adopted Resolution No, 3192 establishing Council policy as it relates to the appointment procecJure to various Commissions and Boards. The Ordinance states that the Mayor and each respective member of the Council shall appoint a representative to the various Commissions and Boards subject to the approval by a majority of the Council. All Commission and Board members serve at the pleasure of the Council. Mayor Ferrara's appointment to the Downtown Parking Advisory Board, Henry Gonzales, has submitted his resignation effective June 15, 2004. Mayor Ferrara is recommending the Council approve the appointment of Greg Moore to the Downtown Parking Advisory Board, replacing Henry Gonzales. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the recommended appointment; - Do not approve the recommended appointment; - Provide direction to staff, Attachments: 1. Resignation Letter from Henry Gonzales 2, Application form from Greg Moore _ __----.......i.._~__., __. _ _~.____.____ TO: Mayor Ferrara and City Council Members City of Arroyo Grande SUBJECT: Downtown Parking Advisory Board DATE: June 15, 2004 Due to business and family responsibilities, I have been unable to attend most of the last year's meetings of the Downtown Parking Advisory Board. I understand that during the next year the Village parking issues will require even more frequent meeting schedule. I regret that I must submit my resignation. I enjoyed being of service and believe that another Village area businessperson is interested in providing representation. ----.-.,--- , . CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE ~ml#!rVfJf) Planning Commission CITY or ARROYO nr' "t~nC" .."', \ri.i$;.../L Parks and Recreation Commission 04 JUN '6 PH ~: 50 Years Lived in Arroyo Grande L Traffi,c Commission Senior Advisory Commission Registered Vote7rroyo Grande Architectural Review Committee Yes No ~ Special committe~Ong Range Pla~ommittee, etc.) 7;>odJ ') Tl>WfI t.c~ MVi'$(t'rfj NAME ~(;;"6- /It oo1<lt!:' HOME 5' 2. 1 C lY<BET r CAlVftJ A/ L.j<6/"c;O/S;- ADDRESS PHONE . PRESENT EMPLOYER WIL.L 1.5!- 13E#"v67 .f - POSITION ;P~€SI,D<E"A/I BUSINESS ADDRESS 13~ E:B/f'A/f/CH ST: PHONE "7'1-~300 EDUCATIONAL BACKGROUND High School GlU>ssE f'O/~~ College~ /"Z...(),v,f Sr~n5" Gncs5C ~~I /1'11 ADDITIONAL EDUCATIONAL INFORMATION '$?ES'o~~1.- Bc-t'''~ L....IC~~ - g I L/CEh:SeD "/ K'8n.fE'5~?"'F~~ /W 1A 2. ..UCBYSC2::7I'e~ ~~ ~~-c.A . /. COMMUNITY AND CIVIC INTERESTS ~~ //Ytl"Dl/4SP..45' ~ ~ ,.:?7~..6t()!:::~ ~5 ;bl/ZLS Ct:hB5 OF5c.o~/lZ. .StI'K:.E ~~/,z./~ /,uI(..t.JS t.$E/Y'tY'AT ~F .A--t::~T>4LL~ ATO:J f/~ rb~ GY"?~,y"7 ~v/cE The City Council would like to have the na~es of three (3) Arroyo Grande References: ~ ADDRESS 1. :BoB L0/1/J> I 33 G", B/<~AJdI ~6-9.3~UJ 2. c~t,K A/V.1A=,e?.5 Ltz>S- &,I3~c# 46- "3<f2o 3. {;-IL. cO~4A1 IJp~~XYS-~ I'f6- /3~1 ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:00 PM Yes_ Na..L Parks and Recreation Commission, Second Wednesday of each month, 6:30 PM Ye~o~ Traffic Commission, the day (Monday) before the third Tuesday of each month, 7:00 PM Ye~No~ Senior Advisory Commission, First Wednesday of each month, 3:00 PM Yes-No 7 Architectural Review Committee First Monday of each month, 3:15 PM Ye~ ,..- Special Committees (Long Range Planning Committee, etc.) Meeting dates vary Ye~ 0-- Signature ~D'-- 0 Date 6-/krO~ / The Arroyo Grande City Council requests information about your interest (and education, If applicable), in serving on a commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, Architectural Review Committee or a Special Committee. Please note such Information on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED 04/02101 ~~-- J 8.e. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGERf~ SUBJECT: CONSIDERATION OF ELIMINATION OF FULL-TIME CODE ENFORCEMENT OFFICER POSITION AND CREATION OF PART-TIME NEIGHBORHOOD SERVICES COORDINATOR POSITION DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended that the City Council: 1) adopt a resolution eliminating the position of Code Enforcement Officer and establish a part-time Neighborhood Services Coordinator position; and 2) approve providing one month of severance pay for the affected employee. FUNDING: The recommendations will result in a savings of approximately $20,000 in FY 2004-05 and $35,000 annually thereafter. These changes will be incorporated in the proposed adjustments to the FY 2004-05 Annual Budget, which will be presented to the City Council for consideration at the July 13, 2004 meeting. DISCUSSION: At the June 8, 2004 meeting, the City Council approved recommended changes to the Code Enforcement Program. One of the changes included elimination of the existing Code Enforcement Officer position and creation of a part-time position, which will be assigned to the Department of Building and Fire. The attached resolution will implement these changes. Under the proposed structure, the Fire engine companies will perform code enforcement inspections and notices. The purpose of the part-time position will be to coordinate work involved with cases requiring specialized attention. Therefore, staff recommends the classification of the new position be titled "Neighborhood Services Coordinator" in order to reflect both a more customer friendly approach to code enforcement and that the intent of the position is to be focused more on coordination than inspection. The proposed hourly pay rate is based upon the current full-time salary of the Code Enforcement Officer position. It is recommended the position be funded for 24 hours per week in order for the part-time position to work three full days per week. ------- CITY COUNCIL ELIMINATION OF FULL-TIME CODE ENFORCEMENT POSITION AND CREATION OF PART-TIME NEIGHBORHOOD SERVICES COORDINATOR JUNE 22, 2004 PAGE 2 The existing full-time Code Enforcement Officer will have the opportunity to assume the part-time position. If he selects not to do that, the full-time position will be eliminated effective September 1, 2004. In addition to the two months notice, I recommend that the City offer him an additional one-month of severance pay, including salary and benefits. While not required to do so under the existing SEIU MOU, I believe it is important for the City to support its employees by providing some level of assistance with what can be a difficult transition period. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the attached resolution; 2. Modify as appropriate and adopt the attached resolution; 3. Do not adopt the attached resolution; 4. Provide direction to staff. ! I ! U:\Reports\Code Enforcement Officer 6.22.04.doc ------- ---,------- -- .~---- RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ELIMINATING THE CLASSIFICATION OF CODE ENFORCEMENT OFFICER AND ESTABLISHING THE POSITION OF NEIGHBORHOOD SERVICES COORDINATOR WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City that the classification of Code Enforcement Officer be eliminated and the position of Neighborhood Services Coordinator be established as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. The position of Code Enforcement Officer shall be eliminated effective September 1, 2004. 2. This Neighborhood Services Coordinator position shall be established effective September 1, 2004. 3. The position of Neighborhood Services Coordinator shall receive the rate of pay as follows: POSITION HOURLY RATE START 1 YEAR 2 YEARS( +) PAY SERVICE SERVICE Neighborhood Services Coordinator $18.19 $20.15 $22.11 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 ,2004. ___m --._-~- 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 TO AS FORM: TIMOTHY CARMEL, CITY ATTORNEY ~-~--- 8.f. MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES~ SUBJECT: CONSIDERATION OF RESOLUTIONS FOR THE 2004 GENERAL MUNICIPAL ELECTION DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council: 1) Adopt a Resolution calling and giving notice of a General Municipal Election to be held in the City on Tuesday, November 2, 2004, for the election of certain officers of the City; and 2) Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate the General Municipal Election to be held on November 2, 2004, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. FUNDING: An appropriation of $10,000 is needed to fund the November 2004 General Municipal Election. Such an appropriation is included in the Administrative Services Fiscal Year 2004-05 Budget. DISCUSSION: This year, the terms of Mayor Ferrara, Mayor Pro Tern Lubin, Council Member Runels, Treasurer Janet Huwaldt, and City Clerk Nancy Davis are expiring. The California Elections Code establishes procedures and requirements for conducting a Municipal Election. As the first step in the election process, certain resolutions must be adopted by the local governing agency, Pursuant to Municipal Code Section 1,08.010, the City's General Municipal Election shall be held on the same day as, and consolidated with, the Statewide General Election. Therefore, the City is requesting the County Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election on Tuesday, November 2, 2004, for the purpose of electing a Mayor for a full term of two years, two members of the City Council for full terms of four years, one Treasurer for a full term of four years, and one City Clerk for a full term of four years. By consolidating the election with other jurisdictions, costs to the City are substantially reduced, Following the election, the County invoices the City for its share of the costs, Based on final costs incurred in previous elections, staff estimated a cost of $10,000 for the 2004 General Municipal Election, which the Council approved in the Administrative Services Fiscal Year 2004-05 Budget. - -- -----.------^ ------ - --------------- CITY COUNCIL 2004 GENERAL MUNICIPAL ELECTION JUNE 22, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the Resolutions pertaining to the 2004 General Municipal Election; - Do not adopt the Resolutions; or - Provide direction to staff. .._--_.~----_.__.- RESOLUTION NO, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2,2004, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 2, 2004, for the election of Municipal Officers; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Arroyo Grande, California on Tuesday, November 2, 2004, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; two Members of the City Council each for the.full term of four years; a Treasurer for the full term of four years; and a City Clerk for the full term of four years, 2. That the ballots to be used at the election shall be in form and content as required by law. 3. That the Director of Administrative Services/City Elections Official is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 4. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m, of the same day when the polls shall be closed, except as provided in ~14401 ofthe Elections Code ofthe State of California. 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 6. That notice of the time and place of holding the election is given and the Director of Administrative Services/City Elections Official is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. - -------------..------- ._--_.._.._"._~---- -~-- RESOLUTION NO. - PAGE 2 7. That the Director of Administrative Services/Deputy City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 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 June, 2004. ---- --_..__._---_.-._-~--_.._- 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 . I RESOLUTION NO, - A RESOLUTI.ON OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO 510403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City. of Arroyo Grande, called a General Municipal Election to be held on November 2, 2004, for the purpose of the election of a Mayor, two Members of the City Council, a Treasurer, and a City Clerk; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. That pursuant to the requirements of ~ 10403 of the Election Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 2, 2004, for the purpose of electing a Mayor, two Members of the City Council, a Treasurer, and a City Clerk. 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. 4. That the City of Arroyo Grande recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such additional costs. 5. That the Director of Administrative Services/City Elections Official is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of San Luis Obispo. -,"~_.._- RESOLUTION NO. PAGE 2 6. That the Director of Administrative Services/Deputy City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. On motion by Council Member , seconded by Council Member , and on the following roll-call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of June, 2004. ---- ------.------ 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 ---------. --- 8_g_ MEMORANDUM TO: CITY COUNCIL RICI< TerBORCH, CHIEF OF POLICE rn6 FROM: SUBJECT: CONSIDERATION OF DISPOSAL OF SURPLUS BICYCLES DATE: JUNE 22, 2004 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 HQliday 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 0301803 Huffy K65469063722H4377 Black 0301408 Next L30514843 Red ----------~-_. -- CITY COUNCIL CONSIDERATION OF DISPOSAL OF SURPLUS BICYCLES JUNE 22, 2004 PAGE 2 CASE # MANUFACTURER SERIAL # COLOR 0400095 Next 99TD953516 Slue 0400060 Pacific HH0826806 Silver 0400353 Schwinn 4186969 Slack 0400387 Focus 02TD333026 Camouflage 0400386 Gogo AL2007279 Blue 0400278 Trek G47W5235 Slack 0400129 Huffy K66799035913F0931 Blue 0400614 Unknown Not Found Silver 0400199 AMX C3AC031664 Slue 0400350 FS Elite 9276612H4106 Slue 0400354 Schwinn Not Found Slack ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. -- - 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 Obispo 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 , 2004. --_..--_._~-------- -------- 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 0301803 Huffy K65469063722H4377 Black 0301408 Next L30514843 Red 0400095 Next 99TD953516 Blue 0400060 Pacific HH0826806 Silver 0400353 Schwinn 4186969 Black 0400387 Focus 02TD333026 Camouflage 0400386 Gogo AL2007279 Blue 0400278 Trek G47W5235 Black 0400129 Huffy K66799035913F0931 Blue 0400614 Unknown Not Found Silver 0400199 AMX C3AC031664 Blue 0400350 FS Elite 9276612H4106 Blue 0400354 Schwinn Not Found Black ---------- 8.h. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ \ SUBJECT: CONSIDERATION OF SALARY ADJUSTMENT FOR MANAGEMENT EMPLOYEES DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving a 3% "Cost of Living Adjustment" (COLA) for management employees for FY 2004-05. FUNDING: The cost impact of the recommendation is approximately $51,000 for FY 2004-05. Funding will be allocated in the proposed adjustments to the FY 2004-05 budget, which will be presented to the City Council at the July 13, 2004 meeting. DISC.USSION: Management compensation is reviewed on an annual basis and adjustments are normally recommended in conjunction with the annual budget process. The City's current salary and classification system was structured based on a compensation and classification study completed by Ralph Andersen & Associates in September 1997. As noted in the study, the goals of the City's compensation plan are to: . Ensure that the City has the ability to attract and retain well-qualified personnel for all job classes; . Ensure that the City's compensation practices are competitive with those of comparable employers; . Provide defensibility to City salary ranges based on the pay practices of similar employers; and . Ensure pay consistency and equity among related classes based on the duties and responsibilities assumed. In order to maintain these goals, the attached resolution will implement a 3% "Cost of Living Adjustment" (COLA) effective July 1, 2004, which will apply to all full-time employees in the Management classification. ~__"___w'_._ -~--"- _____...____..____1 CITY COUNCIL MANAGEMENT SALARY ADJUSTMENT JUNE 22, 2004 PAGE 2 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Adopt resolution approving the 3% COLA as outlined above; - Modify as appropriate and adopt the resolution; - Do not adopt the resolution; - Provide direction to staff. RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING SALARY ADJUSTMENTS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEAR 2004-05 . WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City that compensation and benefits for Management employees be adjusted as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. All full-time management classifications shall receive a salary Cost of Living Adjustment (COLA) of 3% to be effective for the pay period beginning July 1, 2004. 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 ,2004. ---------------_..- -- ----.---- -~~.- "-..-- RESOLUTION NO, 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 --~._- -_..~_. -- ----..- 8.1. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, PUBLIC WORKS DIRECTOR/CITY ENGINEER IJf SUBJECT: CONSIDERATION TO APPROVE A CONSULTANT SERVICES AGREEMENT WITH TENERA ENVIRONMENTAL TO PROVIDE SERVICES IN CONJUNCTION WITH THE ANNUAL CREEK CLEANING PROGRAM DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council: A. approve a consultant services agreement with Tenera Environmental for services in conjunction with the annual creek cleaning program in the amount of $13,295.00; and, B. authorize the Mayor to execute the agreement. FUNDING: Funding in the amount of $18,000 has been included in the Public Works FY 2004/05 operating budget. DISCUSSION: On June 8, 2004, the City Council authorized the solicitation of bids for environmental services to be performed in conjunction with the annual creek cleaning program. Bid packages were sent to five firms. The City received two proposals, T enera Environmental and the Morro Group. The proposals were evaluated and Tenera Environmental was selected as the most qualified firm to perform the work. T enera Environmental has performed this service for the City for the last two years. The services to be performed include conducting pre-construction surveys, training and monitoring. Work will begin July 1, 2004 and be completed prior to October 15, 2004. ALTERNATIVES: The following alternatives are provided for Council consideration: . Approve staffs recommendation and award the bid; . Do not approve staffs recommendation; . Modify staffs recommendation as appropriate and award bid; . Provide direction to staff. Attachments: 1. Bid Opening Log Sheet 2. Consultant Services Agreement . REQUEST FOR PROPOSAL LOG. SHEET CITY OF ARROYO GRANDE RFP DEADLINE: June 10,2004,2:00 p,m, Creek Environmental Services SUBMITTED BY: Tenera Environmental $13,295.00 San Luis Obispo, CA Morro Group, Inc. $23,125.00 San Luis Obispo, CA ~v {)jpiu~ Kelly Wetmc{re . Dire~tor of Administrative Services/Deputy City Clerk c: Director of Public Works Public Works Supervisor City Manager -~.__.- ----._-- -------- .-- ~ CONSULTANT SERVICES AGREEMENT This Agreement is made upon the date of execution, as set forth below, by and between TEN ERA ENVIRONMENTAL (hereinafter referred to as "CONSULTANT"), and the CITY OF ARROYO GRANDE, a Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration of the mutual covenants contained "herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERMS: This Agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 CONTRACT COORDINATION a. CJIY. The DIRECTOR OF PUBLIC WORKS shall be the representative of CITY for all purposes under this Agreement. The Director of Public Works, or his designated representative, hereby is designated as the Contract Manager for the CITY. He shall superVise the progress and execution of this Agreement. b. CONSULTANT. CONSULTANT shall assign a single Contract Manager to have overall responsibility for the progress and execution of this Agreement for C~NSUL TANT. DAN DUGAN is hereby designated as the Contract Manager for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY'S Contract Manager. 1.03 SFRVICES TO HF; PERFORMED BY CONSULTANT: CONSULTANT agrees to perform or. provide the services specified in the letter dated ~une 10, 2004 attached. hereto as Exhibit "A" and incorporated herein by this reference. CONSULTANT shall determine the method, details and means of performing the above-referenced services. CONSULTANT may, at CONSULTANT'S own expense, employ such assistants, as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement. CITY may not control, direct or supervise CONSULTANTS assistants or employees in the performance of those services. 1.04 COMPENSATION: In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the consideration set forth in the amounts and under the terms provided in Exhibit "A" attached hereto and incorporated herein by this reference. 2.00 OBliGATIONS OF CONSULTANT 2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: CONSULTANT agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. CONSULTANT may represent, perform services for and be employed by additional individuals or entities, in CONSULTANT'S sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with CITY'S business. ------ ---~ ---..-- 2.02 TOOl SAND INSTRUMFNTAIITIES: CONSULTANT shall provide all tools and instrumentalities necessary to perform the services under this Agreement. 2.03 L AW~ TO BE OBSERVED. CONSULTANT shall: a. Procure all permits and licenses, pay all charges and fees. and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by . CONSULTANT under this Agreement; b. Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances. regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONSULTANTS performance under this Agreement, or the conduct of the services under this Agreement; c. At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; d. Immediately report to the CITY'S Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. 2.04 RFLr=ASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data, or other material given to, or prepared or assembled by, CONSULTANT under this Agreement shall be the property of CITY and shall not be made available to any individual or organization by CONSULTANT without the prior written approval of the CITY'S Contract Manager. 2.05 COPIES OF VIDEO TAPES. REPORTS AND INFORMATION. If CITY requests additional copies of videotapes, reports, drawings, specifications, or any other material in addition to what the CONSULTANT is required to furnish in limited quantities as part of the services under this Agreement, CONSULTANT shall provide such additional copies as are requested, and. CITY shall compensate CONSULTANT for the costs of duplicating of such copies at CONSULTANTS direct expense. 2.06 QUAliFICATIONS OF CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this Agreement. 2.07 WORKERS' COMPENSATION AND OTHER EMPLOVEE BENEFITS: CITY and CONSULTANT intend and agree that CONSULTANT is an independent contractor of CITY and agrees that CONSULTANT and CONSULTANT'S employees and agents have no right to Workers' Compensation and other employee benefits. If any worker insurance protection is desired, CONSULTANT agrees to provide Workers' Compensation and other employee benefits, where required by law, for CONSULTANT'S employees and agents. CONSULTANT agrees to hold harmless and indemnify CITY for any and all claims arising out of any claim for injury, disability, or death of CONSULTANT and CONSULTANTS employees or agents. 2.08 INDEMNIFICATION: CONSULTANT hereby agrees to, and shall, hold CITY, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims' for damage, or suits or actions at law or in equity which may allegedly arise from CONSULTANT'S or any of CONSULTANT'S employees' or agents' operations under this Agreement, whether such operations be by CONSULTANT or by anyone or more persons directly or indirectly employed by, or acting as agent for, CONSULTANT provided as follows: -_.__._-~ __,____._,_._~.__,_r a. That CITY does not, and shall not, waive any rights against CONSULTANT which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the deposit with CITY by CONSULTANT, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by CONSULTANT shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of. CONSULTANT or any agent or employee of CONSULTANT regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.09 IN~lJRANCE: CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance shall have been approved by CITY as to form, amount and carrier. a. Public Liability and Property Damage Insurance. CONSULTANT shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, and CONSULTANT and any agents and employees performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANTS or any subcontractor's operations under this Agreement, whether such operations be by CONSULTANT or by anyone directly or indirectly employed by CONSULTANT and the amounts of such insurance shall be as follows: (1) Public Liability Insurance. In an amount not less than $1,000,000 for injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of anyone occurrence: (2) Property Damage Insurance. In'an amount of not less than $1,000,000 for damage to the property of each person on acCount of anyone occurrence. (3) Comprehensive Automobile liability. . Bodily injury liability coverage of $1,000,000 for each person in anyone accident and for injuries sustained by two or more persons in anyone accident Property damage liability of $1 ,000,000 for each accident (4) Workers' Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. b. Oeductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to, and approved by, CITY. 'CITY may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elected or appointed officials, employees, agents or volunteers; or CONSULT ANT shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. c. Proof of Insurance. CONSULTANT shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this Agreement The certificate or policy of liability of insurance shall name CITY as an additional insured with CONSULTANT. 3.00 TIME FOR COMPLETION OF THE WORK Program scheduling shall be as described in Exhibit "A" unless revisions to the exhibit are approved by the CITY'S Contract Manager and CONSULTANTS Contract Manager. Time extensions may be allowed for delays caused by CITY, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the CONSULTANT. 4.00 TEMPORARY SUSPENSION The CITY'S Contract Manager shall have the authority to suspend this Agreement wholly or in part, for such period, as sh~ deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this Agreement. CONSULTANT will be paid the compensation due and payable to the date of temporary suspension. 5.00 INSPECTION CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the CITY'S Contract Manager's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its Agreement as prescribed. 6.00 OWNERSHIP OF MATF;RIAI S All original drawings, videotapes and other materials prepared by or in possession of CONSULTANT pursuant to this Agreement shall become the permanent property of the CITY, and shall be delivered to the CITY upon demand. 7.00 OBLIGATIONS OF CITY 7.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONSULTANT necessary to the performance of CONSUL TANrS duties under this Agreement. 8.00 TERMINATION OF AGREEMENT 8.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreemen~ at any time, without cause by giving at least thirty- (30) days prior written notice to the other parties to this Agreement. 8.02 T~RMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of any party; b. Sale of the business of any party; c. Death of any party; d. End of the Agreement to which CONSULT ANrS services were necessary: or e. Assignment of this Agreement by CONSULTANT without the consent of CITY. 8.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party default in the performance of this Agreement or materially breach any of its provisions, a non-breaching party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party. 8.04 TERMINATION: This Agreement shall terminate on upon completion of services unless extended as set forth in this section. CITY. with the agreement of CONSULTANT. is authorized to extend the term of this Agreement beyond the termination date. as needed. under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. ---~ -- -----..--------- 8.05 R~TlJRN OF MAT~RIALS. Upon such termination, CONSULTANT shan turn over to the CITY immediately any and all copies of videotapes, studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT, and for which CONSULTANT ~as received reasonable compensation,.orgiven to CONSULTANT in connection with this Agreement. S~ch materials shall become the permanent property of CITY. CONSULTANT, however, shall not be liable for CITY'S use of incomplete materials or for CITY'S use of complete documents if used for other than the project or scope of services contemplated by this Agreement. 9.00 SP~CIAL .PROVISIONS 9.01 INTER~ST OF cnN~UI T ANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONSULTANT further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be deemed an independent contractor and not an agent or employee of CITY. 9.02 DI~CRIMINATION No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONSULTANT is fou.nd in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, CONSULTANT shall be found in material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount. payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 10.00 MISCFI L AN~OlJS 10.01 R~M~DIES: The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 10.03 ASSIGNMFNT: This Agreement is specifically not assignable by CONSULTANT to any person or entity. Any assignment or attempt to assign by CONSULTANT, whether it be voluntary or involuntary, by operation of law or otherwise. is void and is a material breach of this Agreement giving rise to a right to terminate as set forth in Section 8.03. 10.04 A TTORNEV FEFS: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this . Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: CITY: City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93421-0550 CONSULTANT: Tenera Environmental 225-D Prado Road San Luis Obispo, CA 93401 10.07 GOVFRNING I AW: This Agreement and all matters relating to this Agreement shall be govemed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises. 10.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this Agreement. 10.09 SBlERARII !TV: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, .unimpairecJ by the holding, legislation or rule. 10.10 SOLE AND ENTIRE AGRFFMENT: This Agreement constitutes the sole and .entire agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. 10.11 IIME: Time is expressly declared to be of the essence of this Agreement. 10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties. --~~---~ .-..-.-.,--.--- 10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. . 10.14 AMENDMENTS: Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. Executed on 6/22/04, at Arroyo Grande, California. CITY OF ARROYO GRANDE Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services! Deputy City Clerk CONSULTANT Principal APPROVED AS TO CONTENT Steven Adams, City Manager APPROVED AS TO FORM: Timothy J. Carmel, City Attorney ~--"--~- ---,---.- EXHIBIT "A" Scope of Work Scope of Services: Conduct pre-construction surveys, training and" monitoring for the City of Arroyo Grande's Stream Maintenance Project on Meadow Creek, Tally Ho Creek, and Arroyo Grande Creek, all located within San Luis Obispo County. Total Cost for Services: 'Estimated cost not to exceed $13,295.00 Other Provisions: Proof of Insurance shall be, provided to the City in the limits set forth in Section 2.09 of the Consultant Services Agreement. General Liability Insurance - $1,000,000.00 minimum (statutory limit). --"-_.-.._--~- .- - --.--- 8.). MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE VALLEY GARDENS PAVING PROJECT, PW 2004-04 DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the Council: A.authorize the Public Works Department to solicit public construction bids for the Valley Gardens Paving Project, PW 2004-04; B. find that the project is categorically exempt from CEQA pursuant to Section 15301 (c); and, C. direct the Director of Administrative Services to file a Notice of Exemption. FUNDING: The proposed FY 2004/05 Capital Improvement Program budget includes $210,000 for the Annual Street Maintenance Project of the Pavement Management Program. The estimated cost for the project is $200,000. DISCUSSION: The plans and specifications for the Valley Gardens Paving Project have been completed and are ready for public bid. The project scope of work will include an asphalt concrete overlay and miscellaneous concrete repairs on Leanna Drive,,!- . Turquoise Drive, Pearl Drive, Diamond Circle and Opal Circle. The Valley Gardens Tract was originally constructed in the 1950's and the streets have deteriorated beyond a point where routine maintenance can improve the quality of the streets. Based on the condition of roadways in this area, staff has determined it to be the highest priority for street improvements at this time. Many options were considered to rehabilitate the existing streets within the Valley Gardens Tract, including Base Stabilization, Asphalt Overlay, and Micro-surfacing. An Asphalt Overlay was selected as the most cost-effective means to improve the quality of the streets. --,~-_..- ---~~.._"- CITY COUNCIL CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE VALLEY GARDENS PAVING PROJECT, PW 2004-04 JUNE 22, 2004 PAGE 2 The project sequencing shall be as follows: . Prior to the award of a construction contract, the Utility Division of the Public Works Department will evaluate and replace existing water services and valves within the project limits. . After the contract has been awarded, the contractor' will remove and replace the failed sections of roadway. . The contractor will then perform a taper grind of the perimeter edges of the roadways and placement of an asphalt concrete overlay. The estimated cost is $200,000 to perform the Valley Gardens Paving Project. Staff has determined that the project is categorically exempt from CEQA pursuant to Section 15301 (c). Construction is expected to begin in August 2004 and be completed by October 2004. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Substitute the project with another street improvement project; . Reallocate funding for other purposes; or . Provide direction to staff. Attachments: 1. Project SChedule 2. Notice of Exemption ATTACHMENT No, 1 rrdityof~ r}~ Tentative Project Schedule For Valley Gardens Paving Project Project No. PW 2004-04 (350-XXXX-XXXX) Authorization to Solicit Bids ... ................ :.............. ....... ...................... .................. ..... June 22, 2004 1 st Notice to Bidders............................ ....................... ............... ........ ................ .......... June 25, 2004 2nd Notice to Bidders..... ................... ............ ............... .............................. ......... ............ July 2, 2004 Pre-Bid Conference / Job Walk (Thursday, 2:00 pm, City Council Chambers) ........................July 8,2004 Bid Opening (Tuesday, 2:00 p.m City Council Chambers) .................................................... July 20,2004 Authorization to Award Contract (City Council Meeting) .............................................. August 10,2004 Notice of Award ........................ ...... .............. ............. ............. ........ ......... ......... ..... August 11, 2004 Notice to Proceed....... ................... .................. ............. .... ............... ......... ......... ...... August 23, 2004 Contract Completion (45 calendar days) ...................................................................... October 1, 2004 -...------------- - ATTACHMENT 2 Notice of Exemption To: Office of Planning and Research From: (Public Agency) City of Arroyo Grande 1440 Tenth Street, Room 121 P.O. Box 550 Sacramento, CA 95814 . Arroyo Grande, CA 93421 [!] County Clerk County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 Project Title: Vallev Gardens Paving Proiect Project Location. Specific: In the Citv of Arroyo Grande. Project Location. City: Arroyo Grande Project Location - County: San Luis Obisoo Description of Project: Asohalt Overlay over existinfZ asphalt concrete streets. Name of Public Agency Approving Project: Citv of Arroyo Grande - Public Works Deoartment Name of Person or Agency Carrying Out Project: Thomas Korman. P.E. Exempt Status: (check one) D Ministerial (Section 12080(b)(1); 15268); D Declared Emergency (Sec. 21080(b)(3); 1 5269(a)); D Emergency Project (Sec. 21080(b)(4); 1 5269(b)(c)); I [!] Categorical Exemption. State type and section number: Section 15301 (cJ D Statutory Exemptions. State code number: Reasons Why Project Is Exempt: Proiect reoairs existinfZ facilities and oeiforms minor alterations. Proiect does not remove any scenic resource. I Lead Agency Contact Person: Thomas Korman. P.E. Area CoderrelephonelExtension: (805) 473-5447 If filed by Applicant: I I. Attach a certified document of exemption finding. I 2. Has a Notice of Exemption been filed by the public agency approving the project? [!] Yes DNo ! Signature: Date: Title: Public Works Director [!] Signed by Lead Agency D Date received for filing at OPR: D Signed by Applicant -- ----..-.-...-.. ----- -.- -~ 8.k. MEMORANDUM TO: CITY COUNCIL , FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE ANNUAL PAVEMENT MANAGEMENT PROGRAM, PW 2004-06 DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the Council: A. authorize the Public Works Department to solicit public construction bids for the annual Pavement Management Program, PW 2004-06; B. find that the project is categorically exempt from CEQA pursuant to Section 15301(c); and C. direct the Director of Administrative Services to file a Notice of Exemption. FUNDING: The City of Arroyo Grande will be receiving a one-time cost savings from the City's insurance program. A portion of these funds, $75,000, is proposed to be allocated for use in the Annual Pavement Management Program Improvement project. This funding recommendation will be included in the adjustments to the FY 2004-05 budget, which will be presented to the City Council at the July 13, 2004 meeting for consideration. DISCUSSION: The Public Works Department reviewed the Pavement Management Program, which includes a five-year action plan to maintain the City's street inventory, and has selected James Way to receive rehabilitation measures this year. Various maintenance techniques are available to rehabilitate James Way in its current condition. These include asphalt overlay, micro-surfacing, and slurry seal. The City will receive the highest benefit to cost ratio by micro-surfacing James Way at this time. Micro-surfacing differs from the slurry seal rehabilitation technique, which has been performed in previous years on local streets. The curing process for micro-surfacing is chemically controlled and can be used to treat the road surface, as well as to fill ruts in the road. Micro-surfacing is expected to extend the life of the streets up to 10 years. CITY COUNCIL CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR THE ANNUAL PAVEMENT MANAGEMENT PROGRAM, PW 2004-06 JUNE 22, 2004 PAGE 2 The Annual Pavement Management Program will 'rehabilitate the following section of James Way: Oak Park to Equestrian and Jenny Place to Tally Ho. The section of James Way between Equestrain and Jenny Place has been previously Micro-surfaced in 1998. The plans and specifications for the project have been completed and are ready for public bid. The estimated cost is $70,000 to perform micro-surfacing and traffic control for this project. Construction is expected to begin in August 2004 and be completed by October 2004. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachments: 1. Project Schedule 2. Notice of Exemption ATTACHMENT No, 1 re+of~ri~ Tentative Project Schedule For Annual Pavement Alanagement Program Improvement Project Project No. PW 2004-06 (350-5638-XXXX) Authorization to Solicit Bids ...................................................................................... June 22, 2004 1 st Notice to Bidders............................................ ............................................... ......... June 25, 2004 2nd Notice to Bidders......... ............... ........ ................. ..................................................... July 2, 2004 Pre-Bid Conference / Job Walk (Thursday, 10:00 am, City Council Chambers)....................... July 8,2004 Bid Opening (Tuesday, 4:00 p.m. City Council Chambers) .................................................... July 20,2004 ( Authorization to Award Contract (City Council Meeting) .............................................. August 10,2004 Notice of Award .............. ............... ........ ........................................ ........... ..... ........ August 11, 2004 Notice to Proceed ...................... ........ ...... .......................................................... ...... August 23, 2004 Contract Completion (45 calendar days) ...................................................................... October 1, 2004 ---- -..- -----~--_.--- ---~ ATTACHMENT No.2 Notice of Exemption To: Office of Planning and Research From: (Public Agency) City of Arroyo Grande 1440 Tenth Street, Room 121 P.O. Box 550 Sacramento, CA 95814 Arroyo Grande, CA 93421 [!] County Clerk County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 Project Title: Annual Pavement Management Program Irm>rovement Proiect Project Location - Specific: In the Gitv of Arrovo Grande. Project Location - City: Arrovo Grande Project Location - County: San Luis Obispo Description of Project: Application of Tv De II and Tvoe /II Micro-Suifacin~ mixture over existimz asohalt concrete streets. Name of Public Agency Approving Project: Citv of Arrovo Grande - Public Works Deoartment Name of Person or Agency Carrying Out Project: Thomas Korman. P.E. Exempt Status: (check one) o Ministerial (Section 12080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); I 5269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); [!] Categorical Exemption. State type and section number: Section 15301 (c) o Statutory Exemptions. State code number: Reasons Why Project Is Exempt: Project repairs existin~ facilities and peiforms minor alterations. Proiect does not remove any scenic resource. Lead Agency Contact Person: Thomas Korman. P.E. Area CodelfelephonelExtension: (805) 473-5447 If filed by Applicant: I. Attach a certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? [!] Yes DNo Signature: Date: Title: Public Works Director [!] Signed by Lead Agency o Date received for filing at OPR: o Signed by Applicant ~,_.- ~----~_.--- -------_.~~ ~- 8.1. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rtt SUBJECT: CONSIDERATION TO APPROVE FINAL PARCEL MAP AG 01- 139 SUBDIVIDING TWO (2) PARCELS INTO FOUR (4) RESIDENTIAL PARCELS AT 1260 AND 1270 POPLAR STREET DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the Council approve Final Parcel Map AG 01-139, subdividing 0.90 acres into four (4) parcels, ranging in area from approximately 6,300 to 15,900 square feet. FUNDING: There is no fiscal impact at this time. DISCUSSION: The City has received Final Parcel Map AG 01-139, owned by Sondra Hogan, for the subject parcels located at 1260 and 1270 Poplar Street. This map subdivides approximately 0.90 acres into four (4) parcels. The existing lots are rectangular in shape and a combined 39,323 square feet in size, measuring approximately 151 feet wide at Poplar Street and 261 feet in depth. There are eight existing residences on the site, with no new construction proposed. The current zoning for the property is CondominiumlTownhouse (MF). The Planning Commission originally approved the tentative parcel map and variance on April 2, 2002. The Planning Commission approved a time extension for the tentative map on April 6, 2004. This allowed the applicant to finalize the affordable rental housing agreement for the residences on Parcel D, which will record concurrently with the map. A small portion of an existing shared driveway easement is within the property boundaries. A Driveway Maintenance Agreement was recorded on June 9, 1993 between the subject parcel and the parcel to the immediate east, located at 1254 Poplar. As a result of the subdivision of the subject parcel, an Amended Driveway Maintenance Agreement must record concurrently with the map to incorporate the newly created Parcel D. A shared driveway easement between Parcels Band C is created for the benefit of Parcel C. A second driveway maintenance agreement will record concurrently with the map for this driveway easement. '-------.---------'----.. - ~.- CITY COUNCIL CONSIDERATION TO APPROVE FINAL PARCEL MAP AG 01-139 SUBDIVIDING TWO (2) PARCELS INTO FOUR (4) RESIDENTIAL PARCELS AT 1260 AND 1270 POPLAR STREET JUNE 22, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consider~tion: . Approve staffs recommendation; . Do not approve staffs recommendation; . Modify as appropriate and approve staffs recommendation; or . Provide direction to staff. Attachment: Exhibit 1 - Map Sheet of Parcel Map AG 01-139 S:\PUBLlC WORKS ENGINEERING SHARED ITEMS\Development Projects\Parcel Maps\Parcel Maps - 2001\TPM 01-003 Hogan\COUNCIL APPROVAL\Council Memo - Acceptance of Final Map for Parcel Map AG 01-139 - 1260 and 1270 POPLAR.doc .--- - ---- -- ---_.._---"".-- -~--- C.^Ou"'.. . 'Is ... ~ ~ i \;i ~ .< ~ tt~\ ~ ! i' ~ \f~'\ \ - - - , ' ~ ~ ~ 0 t lH I '8' ~ ~ ~ \!! t '!h I ... ~ t:3 ..~~ _:z 1&,),. );l ~... ~ '" . 0 it' ~9IN ~ ~ i~i .. woo hi ~ ~ fI.I. t I <:> i'O ~ -, Ii i I - .... - ~- ~ \ i~~ Q 1'1\\ ~~~ ~!iH \ .... ~~ i ' - s ~ t ~ ,,:"~1 t~r.'MIt _ _ _ - ------ ~ _ - - - - ----r :"T ".SI'II ( lI.mJ I ~ I J I . . UWTY (A5DlEHT 10 . _ I iIi .. is .. I P.~I/l. PfJI 2Zl1-fJI.2~1 , I ~ 1. ~ ~ ..~ , , '" r-----:I ~iI . S. I \ I ~ , J ~~ ....11 \ ' 'I!t \ \ 'ti ~JI I ,U\ .. \ \ I'" ~ \ \ b \! I,! I~ I , \ .. ~ ~ "'<1 \ 1\ I \ I , t 12 \ ~~ \' \ \ \. I~ a ~ 'I \ ~~ \ . 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I I CITY OF ARROYO GRANDE I I CITY COUNCIL MEETING I NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a public hearing on the following project: CASE NO.: Development Code Amendment 04-003 APPLICANT: City of Arroyo Grande LOCATION: Citywide PROPOSAL: Consideration of a proposed Ordinance Amending Arroyo Grande Municipal Code Section 16,68,050 Regarding Underground Utilities and the Establishment of an Undergro':Jnd Utility In Lieu Fee ENVIRONMENTAL DETERMINATION: Categorically Exempt per Section 15302 of the CEQA . . Guidelines The City is proposing to establish an underground utility in-lieu fee as an option to physically undergrounding utilities for certain specified smaller development projects in instances where such immediate undergrounding is determined not to be necessary or appropriate based on established criteria, If the proposed Ordinance is introduced, the Council will then consid~r adoption of the Ordinance and adoption of a Resolution . establishing the amount of the underground utility in-lieu fee at its next regular meeting. Any person affected or concerned by \his application may submit written comments to the Community Development Department before the Planning Commission. hearing,' or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing, Any person interested in the proposals 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,), 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 OF HEARING: TUESDAY, JUNE 22, 2004 AT 7:00 P.M. ~LACE OF HEARING: Arroyo Grande City Council Chambers 215 E~ Branch Street ~ Arroyo Grande, California 93420 CIJilJitJ()ntL- Kelly W tm re, CMC . Director of Administrative ServlcesIDeputy City Clerk Publish 1T, Friday, June 11,2004; 1/8 page display MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER ~ BY: JON ANSOLABEHERE, ADMINISTRATIVE INTERN SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING ARROYO GRANDE MUNICIPAL CODE SECTION 18.68.050 OF THE DEVELOPMENT CODE REGARDING UNDERGROUND UTILITIES TO ESTABLISH AN UNDERGROUND UTILITY IN- LIEU FEE DATE: JUNE 22, 2004 RECOMMENDATION: The Planning Commission recommends the City Council introduce an Ordinance amending Arroyo Grande Municipal Code Section 16,68.050 regarding underground utilities and the establishment of an underground utility in-lieu fee, FUNDING: There are no direct City costs related to the establishment of an underground utility in-lieu fee. The fee will generate future revenue to be used for utility undergrounding projects, DISCUSSION: Backaround In response to concerns expressed by members of the Planning Commission to the City Council at its March 25, 2003 meeting, the City Council directed staff to prepare alternatives and recommendations regarding the City's underground utility requirements, The purpose was to address situations when utility undergrounding requirements create an unreasonable burden on a project or are not appropriate for a particular location, It is in the interest of the City of Arroyo Grande to ultimately underground all of the overhead utility facilities along major arterials to improve the appearance of the community and reliability and safety of the utility services, For this reason, the City of Arroyo Grande has created and enforced an underground utility requirement within the City's Development Code and established specific underground utility districts for future underground projects. --.--..------- -----..----- CITY COUNCIL ORDINANCE REGARDING UNDERGROUND UTILITIES JUNE 22, 2004 PAGE 2 Staff has developed a draft Ordinance to establish an underground utility in-lieu fee in response to the City Council and Planning Commission undergrounding concerns. The proposed Ordinance was considered by the Planning Commission on June 1, 2004. The Planning Commission requested a clarification and amended Section 16,68,050.C,2 to include the statement "with overhead utilities." The Planning Commission recommended approval of the Ordinance by a &-0 vote, Existina Code Under the existing code, any person wishing to develop/redevelop is subject to the underground utility requirement (section 16,68,050) found within the Development Code, This section requires that all overhead utility lines be placed underground prior to approval of the final subdivision map. Reasons for this utility under-grounding requirement include: - Undergrounded utilities eliminate unusually heavy concentration of overhead distribution facilities; - Underground utilities promote safer vehicular and pedestrian conditions and are less susceptible to damage; - Underground utilities improve aesthetics of the area, The developer is currently responsible for undergrounding of specified types of overhead utility lines located above his/her development lot lines. In some instances, the developer may oppose such requirements due to physical impracticalities or financial demands. Additionally, the developer may be responsible for underground utilities found beyond his/her development area and/or responsible to pay for related equipment because of conduit or utility pole placement. This has caused many applicants to seek an exception and/or file an appeal to the undergrounding requirement ExceDtions and Problematic Conditions under Existina Code Existing Code provisions allow exceptions to be made at the discretion of the Director of Public Works and Director of Community Development. Exceptions can be made upon the findings of specified conditions set forth in the current Development Code, such as topographical constraints, If an exception is granted, the undergroundin9 requirement is waived in its entirety, The developer is then left unaccountable for future undergroundin9 efforts, Furthermore, situations have occurred where the undergrounding utility requirement may be considered unreasonable and/or illogical due to offsite placement of utility infrastructure, but the existing code does not provide for an exception in this circumstance, An example is a situation when there is a required utility undergrounding in a small development where the surrounding area is absent of similar improvements, The undergrounding of utilities will not create a significant impact on the development area and immediate surrounding --_._._~-_._.._----- CITY COUNCIL ORDINANCE REGARDING UNDERGROUND UTILITIES JUNE 22, 2004 PAGE 3 area, Another example is when the required utility lines extend past the property line without having the proper utility infrastructure to simply put the utility lines underground from one lot line to the other lot line, Therefore, staff has determined that a utility in-lieu fee would be more appropriate and provide much needed flexibility to address these problematic situations, It will also provide revenue that could be used by the City to pay for the portiO? of undergrounding beyond the applicant's property line in these circumstances, Also, existing Code requirements are not discretionary on the type of zoning or the scope of the particular project where utilities are required to be undergrounded, This condition renders small residential developments responsible for the same undergrounding requirements as large commercial developments, A developer who wishes to develop a small residential subdivision may be subject to the same undergrounding requirement and potentially the same undergrounding costs of a large commercial development. Prooosed Underaround Utility In-Lieu Fee The proposed underground utility in-lieu fee will establish an altemative, for the underground utility requirement set forth by Section 16,68 of the Development Code, Under the proposed amendment, developers may have the option to pay a fee in-lieu of the required utility undergrounding if special circumstances are determined to exist by the approving authority, The in-lieu fee is established primarily for smaller residential developments, while maintaining existing requirements for cOmmercial, industrial, and large residential developments, The objective of the jn-lieu fee is to allow an option for developers, in situations deemed appropriate by the City, The amount of the fee shall be set by Council resolution and based on an estimated general average cost of utility undergrounding by private utility providers per linear foot of each side of the property subject to underground relocation. The funds generated by the in-lieu fee will be put into an underground utility account and used for underground utility projects to improve the overall safety, appearance and reliability of utilities throughout the community, The additional revenue will enable the City to focus its undergrounding efforts on priority areas rather than on a piecemeal basis, Therefore, it will improve the effectiveness and progress of the City's utility undergrounding efforts. The in-lieu fee is intended to amend the existing requirements and prevent "all or nothing- waiver requests, The fee will not be available to aU smaH residential projects and staff expects the majority of projects will still be required to underground the utilities on their property. However, 'it does provide staff, the Planning Commission, or City Council an option when the existing requirements are not reasonable, fair, or appropriate, In these cases, rather than waiving the _~_..____.w..___. ___ CITY COUNCIL ORDINANCE REGARDING UNDERGROUND UTILITIES JUNE 22, 2004 PAGE 4 entire undergrounding requirement, it provides an option to receive equivalent funding in order to further the efforts and objectives of the undergrounding program. Environmental Determination Exempt pursuant to CEQA Section 15273 and Section 15302(d). ALTERNATIVES: The following alternatives are presented for Council'.s consideration: - Introduce the proposed Ordinance; - Modify as appropriate and introduce the proposed Ordinance; or - Do not introduce the Ordinance and provide direction to staff --_._~-~----- ~--~._---~-- -..- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE SECTION 16,68.050 REGARDING UNDERGROUND UTILITIES AND THE ESTABLISHMENT OF AN UNDERGROUND. UTILITY IN LIEU FEE WHEREAS,. the City of Arroyo Grande (.City") requires the undergrounding of utilities as a condition of certain discretionary land use approvals, pursuant to Municipal Code Section 16,68,050; and WHEREAS, City. desires to provide for an underground utility in-lieu fee as an option to physically undergrounding utilities for certain specified smaller development projects in instances where such immediate undergrounding is determined not to be necessary or appropriate based on established criteria; and WHEREAS, use of an underground utility in-lieu fee will better enable the City to concentrate utility undergrounding in areas determined to be in most critical need of utility undergrounding and in underground utility districts; and WHEREAS, the entire community benefits from the enhanced safety, improved appearance and reliability of utility services which results from the order1y undergrounding of existing utilities; and WHEREAS, the City Council has reviewed the proposed Ordinance in compliance with the California Environmental Quality Act (CECA), the CECA Guidelines and the City's Rules and Procedures for Implementation of CECA and determined that the proposed Ordinance is exempt under Section 15273 and Section 15302{d) of the CECA Guidelines, 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 CQde Section 16,68,050, C, is amended in its entirety as follows: C, In-Lieu Fee - Reouired AoDrovals, On the basis of a formal written request, a fee may be accepted in lieu of the required undergrounding of utilities as follows: 1. The underground utility in-lieu fee will only be available for residential development projects that meet ~ne or more of the following conditions: a, There has been no undergrounding of utilities in the surrounding neighborhood; b, The projects property line is located at least three hundred (300) or more feet from an underground utility district; c. The undergrounding connection to the nearest utility pole will require the applicant to underground utilities fifty (50) or more linear feet beyond the project's property line; d, The estimated cost of undergrounding for the. project is more than twenty- five percent (25%) of the estimated total cost of the prOject; e. Subdivision projects often (10) or less parcels, ,ORDINANCE NO, PAGE 2 f. Subdivision projects of more than ten (10) parcels may be eligible for payment of an underground utility in-lieu fee based on a specific finding by the approving authority that special and unique circumstances exist. 2. Underground utility in-lieu fees should be calculated per linear feet of each side of the property with overhead utility lines. 3, Underground utility in-lieu fees shall be paid prior to issuance of the building permit. 4, The approving authority of a discretionary land use application may approve payment., of an underground utility in-lieu fee,. based on a recomrnendationfrom the Director of Public Works and Director of Community Development. , 5. The amount of the underground utility in-lieu fee shall be established by Resolution of the City Council. 6, Underground utility in-lieu fees collected by the City shall be deposited in a separate fund and shall be used solely for the planning, administration and implementation of utility undergrounding. SECTION 3: Arroyo Grande Municipal Code Section 16,68,050,F, is added as follows: F, ExceDtions, The undergrounding utilitY requirement may be waived by the approving authority if it is determined that such undergrounding is entirely infeasible, 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 fad that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional, SECTION 5: A summary of this Ordinance shan 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 ServiceslDeputy City Clerk shall post a certified copy of the full text of such adopted Ordinance, SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption, 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 ---J 2004, - ---._--- .- - ---- _._.~- ,ORDINANCE NO, PAGE 3 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVlCESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: . TIMOTHY J. CARMEL, CITY ATTORNEY 9.b. CITY OF ARROYO GRANDE . CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the city Council of the City of Arroyo Grande will hold a public hearing on the following project: CASE NO: Development Code Amendment 04-001 & General Plan Amendment 04-001 APPLICANT: City of Arroyo Grande LOCATION: 295, 279, and 265 Alder Street PROPOSAL: Development Code Amendment 04-001 - Consideration of Proposed Ordinance amending the Zoning Map to designate the subject property as Senior Residential (SR); General Plan Amendment 04-001 - consideration to eliminate the Planned Development (PO) designation. The Alder House assisted living facility wishes to build an annex for senior residents adjacent to the current facility, ENVIRONMENTAL DETERMINATION: Categorically Exempt per Section 15317 of the CECA Guidelines Any person affected or concerned by this application 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 project and the environmental impacts at the time of hearing. Any person interested in the proposals 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.). 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 correspond~nce 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 OF HEARING: TUESDAY, JUNE 22,2004 AT 7:00 P.M. PLACE OF HEARING: Arroyo Grande City Council Chambers 215 E. Branch Street ~tvt. Wi {-lWYtL Arroyo Grande, California 93420 Kelly etmo ,CMC Director of Administrative Services/Deputy City Clerk Publish 1T, Friday, June 11. 2004 MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG rf:fJ. COMMUNITY DEVELOPMENT DIRECTOR BY: 1\*. KELLY HEFFERNON ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 04..001 TO ELIMINATE THE PLANNED DEVELOPMENT OVERLAY, I i AND DEVELOPMENT CODE AMENDMENT 04..001 TO CHANGE I THE ZONING FROM SINGLE FAMILY RESIDENTIAL (SF) TO SENIOR RESIDENTIAL (SR) i DATE: JUNE 22, 2004 RECOMMENDATION: The Planning Commission recommends the Council introduce an Ordinance approving Development Code Amendment 04-001 and adopt a Resolution approving General Plan Amendment Case No. 04-001. FUNDING: There are no direct costs to the City related to the proposed amen~ment. PROJECT LOCATION: - 1 - -~.._.~_.._--~ ---- -- .~_._--- --- -----.-- --- CITY COUNCIL GPA 04-001; DCA 04-001 JUNE 22, 2004 PAGE 2 DISCUSSION: BackQround The property is comprised of three (3) parcels totaling about 1.2 acres and is developed with a senior housing facility on one parcel and a single-family residence on each of the other two (2) parcels. During the 2001 General Plan Update, Alder House representatives requested that the two adjacent parcels they owned be designated as Very High Density for the purpose of expanding the Alder House in the future. As requested, the City changed the land use from Single Family Residential (SF) to Multiple Family Very High Density Residential (MF-VH), but with a Planned Development (PO) 0verlayto ensure that future development of the properties is coordinated. Because the use of a PO overlay is viewed as unwarranted for such a small property, a General Plan Amendment is proposed to eliminate the PD designation. The Development Code Amendment is necessary to bring the zoning of the property into compliance with the General Plan. The City will retain control of new development through the conditional use permit process. I Proiect Description The project site is developed with a licensed senior housing facility that can accommodate up .to thirty~two (32) residents and two small single-family residences proposed to be removed. The applicant intends to submit applications for a Conditional Use Permit and Lot Merger to expand the existing 13,000 square foot senior facility by approximately 18,000 square feet. The facility would be two-stories, with access from both Alder Street and Dodson Way. Preliminary plans are included as Attachment 1 (note that the existing facility is identified as the horizontal hatched area, and the proposed expansion is the shaded area). Letters from and information about Alder House are included as Attachments 3-5. General Plan and Development Code Amendments The proposed General Plan Amendment (GPA) would simply remove the Planned Development overlay designation. There is no proposed change in land use density. The Development Code Amendment (DCA) would bring the zoning into compliance with the General Plan, from Single Family Residential (SF) to Multiple Family Very High Density Residential (MF-VH). Planning Commission The Planning Commission reviewed the proposed General Plan and Development Code Amendments on June 1, 2004 (see Attachment 2 for Draft Meeting Minutes). Based on comments from neighboring property owners, Commissioners advised Alder House owners to involve the neighbors early in the process before submitting formal plans to the City for expansion of their facility. The Commission. also recommended that recordation of a lot merger be required for the three (3) parcels prior to the GPA and DCA going into effect. This requirement is reflected in the Ordinance and Resolution approving the DCA and GPA, respectively. ~-- ------ --- --..-.----------..-- - -- ~-- ---........,..--------------.-.----- CITY COUNCIL GPA 04-001; DCA 04-001 JUNE 22, 2004 PAGE 3 PUBLIC COMMENTS: A public hearing notice was sent to all property owners within 300 feet of the proposed project and a public notice was placed in the Times-Press-Recorder. The City has received several written comments from the public, included as Attachments 6-10, ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the California Environmental Quality Act, and has found that the project is exempt per section 15305 of the CEQA Guidelines. Staff does not anticipate that this project will have an adverse effect on the environment and the redesignation was part of the General Plan Update Program EIR. AL TERNA TIVES: The following alternatives are presented for Council consideration: 1. Approve the Planning Commission's recommendation and adopt the Resolution and introduce the ordinance; 2. Modify the Planning Commission's recommendation; 3. Take tentative action to deny the project application and direct staff to prepare the appropriate resolution for City. Council action; or 4. Provide other direction to staff. If the Council selects alternative 3, staff will return with the appropriate Resolution at a later meeting. Attachments: 1. Preliminary Project Plans (information only) 2. Planning Commission Draft Meeting Minutes of June 1, 2004 3. Letter from owners of the Alder House dated April 16, 2004 4. Letter from owners of the Alder House dated May 25. 2004 5. Description of the Alder House 6. Letter from Scott & Kendra Wagers dated June 1, 2004 7. Letter from GeeGee Soto dated June 1, 2004 8. Letter from John Dome dated June 1, 2004 9. Letter from Lynn Ankeny dated June 1, 2004 10. Letter from John Dome dated June 18, 2004 S:\COMMUNITY _DEVELOPMENl'\PROJECTS\DCA\04-001 ALDER HOUSE ZONING\CC rpt.doc - ---_._~_._-- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS SENIOR RESIDENTIAL (SR); DEVELOPMENT CODE AMENDMENT 04-001, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED AT 279 AND 265 ALDER STREET WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates the subject 1.2-acre property as Very High Density Multiple Family Residential (VH); and WHEREAs, the City of Arroyo Grande Zoning Map designates the subject property as Single Family Residential {SF}; and WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 04- 001 to amend the Zoning Map and designate the project site as Senior Residential (SR); and WHEREAS, adoption of the proposed zoning designation would establi~h land use, development and design standards for the above described area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 04-001 at a duly notiCed public hearing on June 1, 2004 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 04-001 at a duly noticed public hearing on June 22, 2004, in accordance with the Development Code of. the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the' information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning Map is consistent with the goals, objectives, policies and programs of the General Plan is necessary and desirable to implement the provisions of the General Plan. ~._----- --r---~~-- , ORDINANCE NO, PAGE 2 B. The proposed Development Code Amendment amending the Zoning Map will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed Development Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code. Very High Density residential development within the project area would be required to meet development and design standards under the SR zoning designation that insure orderly development. D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map are insignificant or can be mitigated to a less than significant level. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION l' The above recitals and findings are true and correct. SECTION 2' Development Code Section 16.24.020 (Zoning Map) is hereby amended as shown in Exhibit A attached hereto and incorporated herein by reference. SECTION 3' If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Exemption. 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 ServiceslDeputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative. Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall take effect on the later of thirty (30) days from the date of adoption or on the date that a lot merger is recorded for the three (3) underlying parcels identified as Assessor Parcel Numbers, 077-204-001,077-203-009 and 077-203-019. ORDINANCE NO, PAGE 3 On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of 2004. T - ~ ORDINANCE NO, . PAGE 4 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY "..... a:: (1) ~ C 1i <( 0 :;:J c: ~ Q) "0 .in ....... a:: Q) a:: .- "C ... ~ 0 (1) .2 .- U) ~ .r:: 0 x Q. . e W 0- \ I RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE GENERAL PLAN URBAN LAND USE ELEMENT 'MAP TO REMOVE THE PLANNED DEVELOPMENT (PD) DESIGNATION FOR PROPERTY LOCATED AT 295, 279 AND 265 ALDER STREET; GENERAL PLAN AMENDMENT 04-001 WHEREAS, the City of Arroyo Grande Land Use Map indicates that the subject 1.2-acre property is located in the Multiple Family Very High Density Residential (MF-VH) land use category with a Planned Development (PO) overlay; and WHEREAS, the City of Arroyo Grande has determined that the PD overlay is an unnecessary planning tool for the small size of the subject property; and WHEREAS, the City of Arroyo Gr.ande has initiated General Plan Amendment 04-001 to amend the Land use Map by removing the PD overlay for the subject property; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed General Plan Amendment 04-001 at a duly noticed public hearing on June 1, 2004 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has considered General Plan Amendment 04-001 at a duly noticed public hearing on June 22, 2004 in aCcordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: General Plan Amendment Findings: 1. Based on the information contained in the staff report and accompanying materials, the proposed General Plan Amendment is consistent with 'the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan and will not result in any internal inconsistencies within the plan. 2. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. 3. The potential environmental impacts of the proposed General Plan Amendment are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts. .. .. DA I':!-c ? --.....-.-- - RESOLUTION NO. PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves General Plan Amendment 04-001, amending the Urban land Use Element Map as indicated in Exhibit "An, attached hereto and incorporated herein by reference. This Resolution shall take effect on the effective date of Ord 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 22nd day of June 2004. ~---_._-_.._- 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 ------------.---- - ----r------------ - -------- .----- "... :I: ~ LL ~ 10 ~ CD "0 .j <C 0:: ~ ~ .~ CD ... C) C -- -a .c "0 :f .- ~ ~ L:- 0 > ~ c. ~ e .~ D.. LL t :e ::I ~ . I - I MFlY-28-202I4 09: 58 FROM IDS-BINC. . TO A TT ACHMENT 1 II ~t: i : I 0 y- O ., ~I <(' ~I . ZI 0, ~I 0' 01 . L___________ - - ALDER STREET ~ ,..... --- MHY-2B-20d4 ~:59 rloU'1 i~-tf iNC. IU ltl\/J::>~l~ r-.~" . ~ ~ ~ ~ r:cJ ~ II E-4 en 0::: S r:cJ '" 0 ~ < oro~ B- o []J 0 DODSON WAY ---'----- -.- --"-'- ~ - MAY-2B-2204 09;99 FRD'\ tQ$-B INC. TO 1~~~ - .-. ...... . - 1M :) ) CJ ~ II: 8 D! i. ~ (:r.l ~ ! I ~ ..- 0 ~ . 9 <: t : ~ - - --------- ~- -- TOTFL P, 05 DODSON WAY --'~ MINUTES DRAFT A TT ACHMENT 2 PLANNING COMMISSION JUNE 1, 2004 Approval No. 20 relating to financial assistance from the City's Affordable Housing In-Lieu Fund and adopt: RESOLUTION 04-1926 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE .CITY COUNCIL APPROVE TENTATIVE TRACT MAP CASE NO, 04-001, LOCATED AT 579 CAMINO MERCADO, APPLIED FOR BY CAMINO MERCADO PARTNERS The motion was approved on the following.roll call vote: AYES: Chair Guthrie, Commissioners Keen and Fowler NOES: Commissioners Arnold and Brown ABSENT: None the foregoing Resolution was adopted this 15t day of June 2004. The Commissioner took a 10-minute break. C. DEVELOPMENT CODE AMENDMENT & GENERAL PLAN AMENDMENT CASE NOS, 04-001; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - 296, 279 AND 265 ALDER STREET. Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernon gave an overview of the proposal for a change in zoning from Single Family (SF) to Senior Residential (SR) and General Plan Amendment to eliminate the Planned Development overlay, The applicant is proposing to remove the two existing single-family residences and construct a new two-story facility to blend with the existing neighborhood. All of the issues related to the proposal will be reviewed in more detail when the Conditional Use Permit is processed. In conclusion, Ms. Heffernon stated that staff is recommending that the Planning Commission approve the resolution recommending that the City Council approve the City initiated Development Code Amendment (DCA) and General Plan Amendment (GPA). In answer to Commission questions staff clarified the zoning and the PD designation, gave some history on the zoning designations and explained that the City wants to make all three lots Senior Residential. Chair Guthrie opened the hearing to the public. Jo Ann Bazer Tose, 295 Alder House (owner), stated that many of the residents are local and want to remain in the neighborhood and they (Alder House) need to expand; their business is a locally owned, family run, small business; they are sensitive to the concerns of the neighbors; they have never removed any oak trees and do not intend to even with the expansion. ------- MINUTES DRAFT PAGE 8 PLANNING COMMISSION JUNE 1, 2004 Commissioner Brown stated that because they had received a number of letters with concerns about the proposal he would recommend that their concerns re the scale of the proposed building and the parking be addressed ahead of time. Ms. Bazer Tose agreed with Commission Brown and stated that she wanted the building to blend in with the neighborhood and had asked the neighbors to come to a meeting, .but only one had come forward. , David Mann, 270 Alder Street, stated they had enjoyed a good relationship with Alder House, but he now had concerns with the change of zoning and that it was not just a remodel but a large, two story development; he had concern with density and parking and that traffic flow restrictions on residential streets would result. John Austin, 300 Alder Street, had concerns with the parking, especially with employees that might park on street if this expansion takes place. Chris Skolater, Alder Street, asked if people living in the two existing homes would have to relocate because of this expansion and if they would get any compensation. Chair Guthrie closed the hearing to the public. Commission Comments: Fowler: . Agreed with General Plan Amendment when it was approved. . The applicant needs to talk more to the neighbors. . The Commission will be reviewing this project carefully when it comes forward. . She agreed to the zone change. Brown: . He agreed to zone change. . Parking is a huge issue. . Mass and scale is a huge issue. . The building would need to blend in with the neighborhood. . Setback from the street with two stories is important. . Good neighborhood relations are very important. Keen: . He approved of the zone change. . Concerns of neighbors will be addressed when it comes back for consideration in a Single Family neighborhood. . He also had concerns with the parking. Arnold: . He had concern with the density/parking requirements. Ms. Heffernon stated the parking requirements for Senior Housing and said employee parking areas would be addressed. Guthrie: . This was. considered in the General Plan as a location for the expansion of this kind of service (Senior Housing). MINUTES DRAFT PAGE 9 PLANNING COMMISSION JUNE 1, 2004 . He would prefer to have the PD zoning remain and designate the zoning when required. Commissioner Keen recommended the General Plan Amendment be approved and conditioned that it would not go into effect until the three lots are merged. Mr. Strong said they could recommend this. Commissioner Keen made a motion, seconded by Commissioner Arnold to recommend that the City Council approve GPA and DCA 04-001 and that the Amendments would not go into effect until the merger of the lots is recorded and adopt: RESOLUTION 04-1927 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 04-001 FOR PROPERTY LOCATED AT 265, 275 AND 295 ALDER STREET, APPLIED FOR BY THE CITY OF ARROYO GRANDE The motion was approved on the following roll call vote: AYES: Commissioner Keen, Arnold, Brown, Fowler and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 1 st day of June 1004. D, DEVELOPMENT CODE AMENDMENT 04-003; APPLICANT - CITY OF ARROYO GRANDE; LOCATION - CITYWIDE, Staff report prepared and presented Administrative Intern, Jon Ansolabehere. Jon Ansolabehere presented the staff report regarding a proposal to provide undergrounding utility in-lieu fees in order to allocate and concentrate undergrounding utility efforts in areas designated as Undergrounding Districts, and to provide an option to the underground utility requirement in instances where immediate undergrounding of utilities is determined to be inappropriate. He stated that the undergrounding utility requirement is not intended to discourage small residential redevelopment; the undergrounding utility fee will appropriately deal with problematic situations while stili holding developers financially responsible for the requirement; commercial, industrial and large residential developments have more financial ability and should be held to a more strict standard, but they may be eligible for an in-lieu fee if the Planning Commission or City Council deems it appropriate on a case-by-case basis. In conclusion, Mr. Ansolabehere stated that the Development Code Amendment was prepared based on a request from the Planning Commission. . In reply to a question from Commissioner Brown, Mr. Strong explained that there are areas that will achieve full commitment to undergrounding and in-lieu funds could be used to augment these areas and entire neighborhoods will be aesthetically improved. Commission Comments: -~---_.- ,"_, i A TT ACHMENT 3 Alder -~ House lie. "'401703678 Becul.(5e You Deserve the Very Best it1 Assisted livit19 RECr:'!'f~D c..... 'I .... April 16, 2004 APR 2 0 2004 City of Arroyo Grande Planning Departnient CITY Of AR~{OYO r',:~",~!!)E TV D.~'"V'..t ('- . -'IT Dt:PT Attn: Rob Strong COMMUNI c: C~_.(I"~" ~ . 214 E. Branch Arroyo Grande, CA 93420 Rob Strong: We are planning to expand the Alder House assisted living facility. The project will tie the existing Alder House at 295 Alder St and the adjacent properties of275 and 265 Alder St. into one building. We have noticed that the general plan has not yet been changed/updated to show the 275 .and 265 Alder properties zoned as Senior Residential as we had thought but instead they are still shown as being zoned for Single Family. It is also listed as a PD (possible eIToneously) on the building plan. Weare nearing submission of plans and wish to begin this project as soon as possible. Before we can move forward we need the zoning on the 275 and 265 properties cleared up. We look forward to hearing ftom you. Sincerely, ~~~ - Todd Tose' Administrator " '-. 295 Alder Street. Arroyo Grande, California 93420 . (805) 489-1266 "----------- "------~ ATTACHMENT 4 Alder House Lie. +401703678 Because Yow Deserve the Very Best il1 Assistea livil19 May 25, 2004 RECC:~/';:D Re: Proposed usage of lots at 265 & 275 Alder Street. MAY 2 8 2004 crrr OF AR:::C!tj r.. c "W,'- COM'~U~IITY ,.' - .. .,.1: I:~j' I~i L::.I('. fC""PT L. _....1 i. ,'__i" :.:: . Community Development Department Attn: Kelly Heffernon P.O. Box 550 Arroyo Grande, CA 93421 Dear Kelly: We are proposing an expansion of Alder House Assisted Living Facility, located at 295 Alder Street in Arroyo Grande. Our plan is to remodel the existing Alder House by expanding onto the lots at 279 and 265 Alder Street. The end result would be one continuous. building on the combined lots thereby creating a larger capacity to house the elderly in our community. During the last General Plan Update, we submitted testimony regarding these properties and requested that they be zoned the same as 295 Alder so that this expansion could take place. Alder House has been a locally owned and operated family business serving the community of Arroyo Grande since 1971 and with this expansion we will be better able to meet the needs of the ever increasing population of elderly in our area. Alder House has always maintained an excellent reputation and working relationship with the city, our neighbors and our State Licensing Agency. Should you have any questions or require additional information, please feel ftee to contact me. Sincerely, ~~ -_. c...- .' '. " ': ," . . ' -- ToddTose' .' .- Administrator. . .. 295 Alder Street. Anaya Grande, California 93420. (805) 489-1266 Alder House, a quality retirement home. A TT ACHMENT 5 Alder House 295 Alder Street Arroyo Grande, CA 93420 (805) 489-1266 A quality retirement home for those desiring companionship or assistance in the activities of daily living. Situated in a park.,.like setting on a quiet residential street, Alder House offers private and semi-private rooms that are tastefully furnished and decorated. Cheerful colors, plants, flowers and decor, all those special touches that remind one of home are evident everywhere. Alder House's beautiful surroundings combined with our commitment to excellence creates a caring environment that you so richly deserve. Walk in the garden....delight in the array of beautiful flowers...sinell the perfume of the roses...feel the warmth of the sun and gentle breezes....1isten to the birds singing in the trees...... Or sit in the sun room where the theme of nature continues with the use of plants, ornamental trees and white wicker furniture....smell an apple pie baking in the oven...1isten to the music from the Baby Grand piano....hear the laughter from a nearby Scrabble game....experience the warmth and ambiance... A select family of seniors who share our home and gardens spending their days in a peaceful setting....strolling in the garden....working a puzzle....1istening to music...reading a book...engaging in personal and group activities and social interaction....enjoying the mental stimulation of trivia questions, games, travelogues and trips...following their heart's desire....or taking the time to reflect on the wonderful times gone by and looking forward to the excitement of living tomorrow's dreams with new friends at Alder House. Alder House ..... a perfect setting for relaxing, entertaining and enjoying life .... it's almost like being at home. At Alder House, we believe each resident has an inherent right to the highest quality of life attainable. We take the extra time to talk, to listen, to hug and to celebrate special occasions. We believe each resident is of inestimable value who deserves the highest respect and the most loving care. There comes a time when we all deserve the peace of mind and freedom to do as we please, to pursue our special interests and to experience new and interesting things. Alder House is devoted to providing uncompromising excellence in every respect. It shows in the little things: the personalized care; the extra attention to detail; the big, bright rooms; the individual touches; the attractive decor - both gracious and comforting; the delicious home cooked meals; and a select staff devoted to patience, dedication, respect, dignity and, above all, caring. Our total caring approach includes a genuine concern for the quality of a resident's life - medical, personal, social.and spiritual. Our staff members share a common commitment to help each person attain their maximum potential, both physically and mentally, in order to enhance their optimum quality http://server2.kepnet.com/ALDERHSE/ 6/1 0/2004 I I _~__J Alder House, a quality retirement home. Page 2 of2 of life. Alder House offers: . 24 hour protective supervision with continual monitoring for changes in physical, mental or emotional status, . Assistance, when needed, with bathing, grooming and dressing . Supervised medications . Nutritious, well balanced meals . Laundry and housekeeping service . A planned activity program to meet social and recreational needs . Assistance in planning, arranging and/or providing transportation to medical office . Private and semi-private rooms . Close to hospital, medical offices and shopping Licensed for your protection - #401703678 "The best portion of a person's life are the little, nameless, unremembered acts of kindness and love." --- William Wordsworth Alder House ,...... a better alternative Alder House ....... because you deserve the very best http://server2.kepnet.com/ALDERHSE/ 6/10/2004 e6/el/2ee4 11:13 - _ 8~54734744 . KENDRA AND SCOTT. - - CAt\n '. ~I\~ H e fFernofD A TT ACHMENT 6 Community Developmerit Department June 1, 2004 City of Arroyo Grande PliulJ I ing Commission 214 E. Branch Street ~7 Arroyo Grande, CA 9342(> I RE:REZONING ALDER HOUSE To Whom It May Concenr This letter is written: in response to notice received on Development Code Amm~dment 04-001 and General Plan Amendment 04-001. This "1t.1ter supercedes the letter written on May 24th, 2004. As the o\ifners of the property located at 268 Alder Street our home is directly across the street :trom the proposed senior "annex." We would. be the.most significantly in;lpacted by the proposed development! due to our immediate location. We have known for some time that Joanne and Victor have ii' wanted to expand Alder House and it was originally explained to us that they were going tQjust simply remodel the two existing homes. However, now th~t our neighbors and an architect have seen these plans for the ptoposedannex it is clear that the proposed structure would not fit in neighborhood, would significantly impact traffic and environmentali.~ay-out of on Alder Street. I understand that JO,anne argues that traffic would not be a concern because seniors don't have cars but I respectfully disagree as many individuals fteqlll;~t ~e facility to visit, there would be additional staff in the employ -of Alder House and by only adding . six additional parkingspa,ces the added cars would be displaced onto Alder Street which i~ already a busy street that is not family friendly, Case in point, the facility across from Elm Street Park does not have sufficient parking and all the cars are forced to park on Elm Street thus creatirig a parking problem for individuals I, frequenting the park. ,) '- : .,{- ~..: r e6/e1/2ee4 11:13 aeS4734744 KENDRA AND SCOTT PAGE e2 - ; ., Since our previous cerrespond~nce we have spoken with several neighbors immediately adjacent to the proposed property. The notice sent by the planning department citing Alder Houses's intention to "build an annqx" is misleading. The intention has been clarified to us that the existing structures will be demolished and a completely new two story structure encompassing the two lots will be erected. This was never! expressed to us previously and in light of this new information w~ are opposed to the project. Joanne and Victor have always been very good neighbors but we feel extremely mislead with this new development. We own a two- story home directly across.~ ftom the proposed development but a single family home is sub~tantial1y different that a Super High Density Living Facility which will seriously impact the traffic flow and environmental imp~s of the neighborhood. I realize that the City o~ Arroyo. Grande is 1!lat1dated to provide a certain percentage of senior living apartments but this is not the area, neighborhood or manner in which to accoJriplish this. L.'," ., When we remodeled several years ago and were very attentive to and concemed;with how our neighbors would feel about our addition. We worked very diligently to share plans with everyone and keep every~ne infonned as to our intentions, Joanne . and Victor have not donelhis.As such, since the plans have changed dramatically froni what we were originally infonned j. would be a minor remodel we object to this project. We feel that re-zoning and amending the General Plan in this fashion is also condoning the proposed structure. It feels like subterfuge and a less than neighborly way :~o conduct business. , ~c~~ ~ ~ J t' . D. ~ agers ~.~~ Kendra Wagers r~ '" " ~ " Owners 268 Alder Street V; h ; ,,- ~ ---- ----- ~ Jim Bergman - Alder House . page,1J From: <JAGG62@aol.com> A TT ACHMENT 7 To: <jbergman@arroyogrande.org.> Date: 6/1/048:46:26 AM Subject: Alder House Re. Building an annex, 265,276, and 295 I can't be at your meeting but I do have one (and only ONE) concern. EMPLOYEE PARKING!!!! PLEASE make sure this is addressed in the plan for this annexsation!! As it is right now, the employees park on the street 24/7 !II! There is always someone parked on the side or front of my house that works there. ALL THE TIME1!I1II1!1! I realize senior residential is a real need for our community, and Alder House does a fine job for their residents, the issue is PARKING, PARKING, PARKING!!!!!!!!!!!!! Thank you, GeeGee Soto 312 Alder 489-6892 . --------~- A TT ACHMENT 8 To whom it may concern: We are against the proposed zone change and/or a planed destruction of properties 275 and 265 9n Alder St. (which is actually 995 Dodson St). This is a single-family 'homes area and must remain that way. This is a residential street and not a main street. A two stories structure with 30 or 50 rooms definitely does not blend into this neighborhood. It is . about time to stop destroying old neighborhoods which we live in. I would suggest to you (whoever is/are responsible for these decisions) to destroy your own neighbo:r;hoods first before you go into other people neighborhoods. Always remember that we are the people who pay your salaries. We would appreciate if you pay attention to these very important matters! John Dome I~ cP&tt(; 237 Alder St. Arroyo Grande Ca. 93420 REC-:~' ;Y-:D , _ 4 " ..... JUN 0.1 2004 CITY OF t.....~~()';.') r:.','~,r:l: COW\4U'" rY r' '\~Li"'. '. r Cr:pT J II" ,.~I ......../... .,_' ,..-1'1 '- . A TT ACHMENT 9 To the Planning Commission of the City of Arroyo Grande: We are against any zoning change on properties 265.275 Alder Street. Thank you for your attention! , Lynn Ankeny Sincerely 235 Alder St. . ~~ Arroyo Grande. Ca. 93420 REC-~~'"~D _Ii \1_ JUN 0 1 2004 CITY OF f'::.'-):'J c:~ '.~ :':'c COM\:Ui~r1Y' D-.:' '..::U~r ."..;i i [~PT. --..-, _._._._.._~ ----- ATTACHMENT 10 RECE~Vr.:D 70 Hrr 07 ctJ~I1C111 JUN 1 8 2004 , -, CI1Y OF ARROYO GRANDE .... COMMUNITY DEVElOPMErrr DEPT. It1r tlm- ~tl//1Sf t1!!J' ;?O/7cr dQ~tl' ~~~ flLtkr !/otlSt?- fllt?f?trd/tZ (27& /JLtltrl- -61 C?/1c:/ !J!JS- JJoctfO/1 ~/). [//tt' !Pt9t1!c1 hb ~ ~noto f/llttr! ,1 {q/cm- fr JfPtI ~ (//1af?~H~ ZbzL w,fl' ab /lt9f Jl/tmI ttl:y' CA1;ttZ 1/1 ?VI" 1U!!f' of / * ./Pw Ct!?/7 Jot? c3C? 117 1M- /l1/afIk of t? c?/~b f/ll/!,rt /?tt!3h.be;,41C?C?d Cll7d c.f~&tT I If I~ 6tJma-~ tlclt c( c#C?/f?t'--kr. . II LdU IPv.J'cr ~dS ntT!- 4ff~ /crI Irs ct"m"c;~t?"tZ'..f pad l/1slck -Ikrrll l'or1;y le;r.J ry aK all (i7C1.:Y! parI 011 ~tt' 6~dr -' ?rrt"'s~ PIfP /ttslclrl1#t?1 <5btr~ . a'11c1 Ultf" .mvr (lMnjy 0/ ~c os If- /J -10&. . flrcasti' J ber &dI761,6/tr arbtJff ~ f?lncr IPtr cer/l nO/l1e- /1 VV'lfp J)OlfiE $/~~ ~ 11-L1JJ::~ ~/ 4 c- 3t?~ ~~-*'- ~ - ---....-. -._------------ -~--~- - ---..-.----- I.c. . CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: CASE NO.: Tentative Tract Map 04-001 APPLICANT: Camino Mercado Partners, LP LOCATION: 597 Camino Mercado PROPOSAL: Consideration of a Tentative Tract Map application for sixty (60) condominium units previously approved as a sixty (60)-unit apartment complex. In compliance. with the California Environmental Q(Jality Act (CECA), the Community Development Department has determined that the proposed project is categorically exempt under Section 15305 of the CECA Guidelines, Any person affected or concerned by this. application 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 project and the environmental impacts at the time of hearing. Any person interested in the proposal can contact the Community Development Departn:1ent at 214 E. Branch Street, Arroyo Grande, California, during normal business hours, 8:00 a.m, to 5:00 p.m. The project application is available for public inspection at the above address. If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this. notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. DATE OF HEARING: TUESDAY, JUNE 22, 2004 AT 7:00 P.M. PLACE OF HEARING: Arroyo Grande City Council Chambers 215 E. Branch Street ~ . Arroyo Grand., California 93420 .~uJ~ Kelly e ore, CMC Director of Administrative Services/Deputy City Clerk Publish 1 T, Friday June 11, 2004 ,---,. --- -- ---- ----- -..., MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG ~ COMMUNITY DEVELOPMENT DIRECTOR ~At .. BY: KELLY HEFFERNON I ' ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF TENTATIVE TRACT MAP CASE NO, 04- 001; CONDOMINIUM TRACT MAP FOR A PREVIOUSLY APPROVED 60-UNIT SENIOR APARTMENT COMPLEX; 579 CAMINO MERCADO; CAMINO MERCADO PARTNERS, LP DATE: JUNE 22, 2004 RECOMMENDATION: The Planning Commission recommends the Council adopt a resolution approving Tentative Tract Map 04-001. FUNDING: The following financial assistance was approved for Conditional Use Permit No. 01-010 to develop a 60-unit senior apartment complex: 1. Affordable Housing Assistance Allocation of $40,700; 2. Fee credit of $3,985 of the Community Center Impact Fees; and 3. Fee credit of $39,672 of the Park Development Fees. The total previously approved amount of financial assistance from these funds is $84,357. Staff recommends that fee credits related to park impacts be increased to $70,000. Staff further recommends that the Affordable Housing Assistance Allocation of $40,700 not be approved, as State law regarding prevailing wages would apply. Because six (6) of the fifteen (15) affordable units are proposed to be restricted to the low-income level, a reduction of $33,960 in impact fees is anticipated (75% reduction of impact fees, excluding water and sewer fees, per Housing Element Implementing Program B.3-1). ------~ -- CITY COUNCIL TTM 04-001 JUNE 22, 2004 PAGE 2 PROJECT LOCATION: DISCUSSION: Backaround The City Council approved Conditional Use Permit 01-010 on January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot senior recreation center. On May 28, 2002 the City Council approved an amendment to the project to convert the mix of one and two-bedroom units to all two-bedroom units. On August 26, 2003 the City Council authorized a second amendment to reduce the on-site parking by two (2) spaces, allow construction easements on City open space property, remove eighteen (18) Coast Live Oak trees, and construct a pedestrian path on City property. Proiect Description The physical layout and general description of the project remains unchanged from the previously approved project, as well as the requirement that the occupants be restricted to seniors (age 55 and older). The applicant intends to construct sixty (60) condominium units (in place of apartments) in four (4) separate two-story buildings and a 3,000 square foot senior center. The senior center will be owned by a homeowners association for the development and managed by an outside non-profit, such as the South County Seniors. A copy of the draft CC&Rs is included as Attachment 1 for reference. The parking requirements remain the same as previously approved, as shown in the table below. ------...-------- - -----------.-----. ._~._---~--_.- ------_._,.~ - .--...------ - -' ---------------------..--- CITY COUNCIL TTM 04-001 JUNE 22, 2004 PAGE 3 TABLE 1: PARKING REQUIREMENTS- Required Number of Parking Approved Spaces Number of Parking Spaces 2 bedroom units (60 1 covered space per unit and units): 0.5 uncovered space per unit (60 covered and 30 uncovered sDaces) Visitor Parking: 0.5 uncovered space per unit (30 uncovered sDaces) Subtotal: 60 covered and 60 uncovered spaces (120 sDacesJ ---------------- ----------------------- ------------- ---------------- ----------------------- ------------- 3,000 square foot 1 parking space for 50 square Senior Center feet of floor area designated for public assembly (40 spaces, assuming 2,000 square feet is used for Dublic assemblvJ ---------------- ----------------------- ------------- ---------------- ----------------------- ------------- TOTAL: 160 total parking spaces - 60 139 total covered and 100 uncovered parking spaces - 96 covered and 43 uncovered (13% reductionJ Per Section 16.20.130 of the Development Code (Condominiums, Condominium Conversions, and Mobilehome Park Conversion) the applicant has provided each dwelling unit with a minimum of two hundred (200) cubic feet of exterior storage, and an assigned covered parking space located within one hundred feet (100') of the respective unit. The remaining seventy-nine (79) parking spaces are to be shared between the residential units and senior center. All of the conditions from the previously approved project, as amended, shall be required as part of the Tentative Map approval. To provide further public benefit as a concession for allowing ownership of condominiums units in place of rental apartments, staff recommends that the fifteen (15) units reserved for Moderate-Income households be modified to include a mix of nine (9) Moderate-Income units and six (6) Low-Income units (10% of the total units). This recommendation is based on the following 2003 Housing Element Goals (as adopted by City Council on November 25, 2003) applicable to the proposed condominium project: Goal A: To provide a continuing supply of affordable housing to meet the needs of existing and future Arroyo Grande residents in al/ income categories. Goal B: Ensure that housing that is constructed in the City is affordable to al/ income levels. --- - --------~ CITY COUNCIL TTM 04-001 JUNE 22,2004 PAGE 4 Goal D: In order to provide affordable housing, especially for very-low and low-income households, apartment construction shall be encouraged. Goal F: The City's inclusionary housing ordinance shall be strengthened to require more affordable units in housing and commercial development projects. Currently, Moderate-Income units sell for $245,724 and Low-Income units sell for $158,448. The net loss to the applicant by requiring six (6) of the units to be Low- Income is estimated to be approximately $523,656. The applicant has requested that the requirement be changed to twelve (12) Moderate-Income units and three (3) Low- Income units and no fee credits be provided (Attachment 2). Plannina Commission The Planning Commission considered this project on May 18, 2004 and June 1, 2004 (see Attachments 3 and 4 for Planning Commission Meeting Minutes). Issues discussed included status and timing of installing the traffic signal at the intersection of Camino Mercado and West Branch Street; oak tree removal; State and/or Federal laws regulating senior housing; affordable housing requirements; financial assistance for providing lower income housing; and Subdivision Map Act requirements regarding condominium maps. Staff provided the following additional information to Commissioners related to Subdivision Map Act and senior housing requirements: Subdivision MaD Act For condominium subdivisions that do not involve conversion of "existing" units, the Subdivision. Map Act requires adherence to the same standards and findings as any other tentative map. Section 66427 of the Subdivision Map Act specifically states the following regarding condominium maps: A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a parcel, tentative, or final map of the project on account of design or location of buildings on the property shown on the map not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to those maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. Nothing herein shall be deemed to limit the power of the legislative body to regulate the design or location of buildings in such a project by or pursuant to local ordinances. If the governing body has approved a parcel map or final map for the establishment of condominiums on property pursuant to the requirements of this division, the separation of a three-dimensional portion or portions of CITY COUNCIL TTM 04-001 JUNE 22, 2004 PAGE 5 the property from the remainder of the property or the division of that three-dimensional portion or portions into condominiums shall not constitute a further subdivision as defined in Section 66424, provided each of the following conditions has been satisfied: (a) The total number of condominiums established is not increased above the number authorized by the local agency in approving the parcel map or final map. (b) A perpetual estate or an estate for years in the remainder of the property is held by the condominium owners in undivided interests in common, or by an association as defined in subdivision (a) of Section 1351 of the Civil Code, and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums. (c) The three..dimensional portion or portions of property are described on a condominium plan or plans, as defined in subdivision (e) of Section 1351 of the Civil Code. (See Attachment 5). Grounds for denial of any tentative map must be based on the following findings (essentially the reverse of findings for approval): Section 66474. (a) That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. (b) That the design orimprovement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public .at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. CITY COUNCIL TIM 04-001 JUNE 22, 2004 PAGE 6 Senior Housino Leoislation Sections 51.2 and 51.3 of the California Civil Code (Attachment 6) discuss prohibitions regarding age discrimination in housing. Housing development for seniors must provide the following elements: (1) Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair. (2) Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking. (3) Walkways and hallways in the common areas shall have lighting conditions, which are of sufficient brightness to assist persons who have difficulty seeing. (4) Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps. (5) The development shall be designed to encourage social contact by providing at least one common room and at least some common open space. (6) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents. (7) The development shall comply with all other applicable . requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 V.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws. The conditions of approval have been amended to require the CC&Rs to comply with Civil Code Sections 51.2 and 51.3 to ensure that these requirements are implemented. Staff Advisory Committee (SAC) During the SAC meeting on March 31 , 2004 (see Attachment 7 for meeting notes), the applicant was asked to clearly designate parking for each residential unit, identify location of enclosed storage space for each unit, and to provide various revisions to the project plans and CC&Rs to satisfy Public Works requirements. Per SAC comments, the applicant revised the project plans and submitted the remaining information necessary to bring the project forward to public hearing. - -~------_. .-._~------ -------~~~- ----~._----_. CITY COUNCIL TTM 04-001 JUNE 22, 2004 PAGE 7 PUBLIC COMMENTS: A public notice was sent to all property owners within 300 feet of the proposed project, and a public notice was placed in the Times-Press-Recorder. Staff received one letter from Earl Paulding in support of the project (Attachment 8). ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the California Environmental Quality Act, and has found that the Mitigated Negative Declarations prepared for Conditional Use Permit 01-010 and Amended Conditional Use Permit 03-003 are adequate for the project deyelopment. The mitigation measures from these two (2) previous environmental determinations have been incorporated into the conditions of approval for the tentative tract map. AL TERNA TlVES: The following alternatives are presented for Council consideration: 1. Approve the Planning Commission's recommendation and adopt the resolution; 2. Modify the Planning Commission's recommendation and adopt the resolution; 3. Modify Condition #19 regarding affordable housing requirements to be twelve (12) Moderate-Income units and three (3) Low-Income units, eliminate the fee credits, and adopt the resolution; 4. Take tentative action to deny the project application and direct staff to prepare the appropriate resolution for City Council action; or 5. Provide other direction to staff. If the Council selects alternative 3, staff will return with the appropriate resolution at a later meeting. Attachments: 1. Draft CC&Rs for the Camino Mercado Senior Housing Condominium Project 2. Letter from applicant dated June 18, 2004 3. Planning Commission Meeting Minutes of May 18, 2004 4. Planning Commission Draft Meeting Minutes of June 1, 2004 5. California Civil Code Sections 1350-1351 6. California Civil Code Sections 51.2 and 51.3 7. Staff Advisory Committee Notes of March 31, 2004 8. Letter from Earl L. Paulding, dated May 13, 2004 S:\COMMUNITY _DEVElOPMENT\PROJECTS\TTM\TTM 04-001 Camino Mercado\CC rpt.doc ______...____n___..___ --_.~~- ~---~-~ ----_._~----------- RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP CASE NO. 04-001, LOCATED AT 579 CAMINO MERCADO, . APPLIED FOR BY CAMINO MERCADO PARTNERS, LP WHEREAS, the City Council approved Conditional Use Permit Case No. 01-010 on January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot senior recreation center; and WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 02- 002 on May 28, 2002 to bonvert the one-bedroom senior apartment units to an two- bedroom units; and WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 03- 003 on August 26, 2003 to modify the plans approved for Conditional Use Permit Case No. 01-010 by reducing the on-site parking by two (2) spaces, allowing construction easements on City open space property, removing oak trees and constructing a pedestrian path; and WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative Tract Map 04-001, filed by Camino Mercado Partners, LP, to subdivide the 3.g8-acre property into 60 residential condominium units and a 3,000 square foot senior center; and WHEREAS, the City Council has held a public hearing on this application in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the City Council has found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CECA), the State CECA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CECA and has determined that the Mitigated Negative Declarations prepared for Conditional Use Permit 01-010 and Amended Conditional Use Permit 03-003 are adequate for the project development; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: RESOLUTION NO. PAGE 2 Tentative Tract Map Findings: 1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of the Development Code. 3. The site, as shown on the Tentative Tract Map, is physically suitable for the proposed density because all .necessary easements, parking, open space, and setbacks can be provided. 4. The design of the Tentative Tract Map or the proposed improvements are not likely to cause substantial damage to the natural environment, including fish, wildlife or their habitat. 5. The design of the subdivision or proposed improvements is not likely to cause public health problems. 6. The design of the Tentative Tract Map and the type of improvements will not conflict with easements acquired by the public at large for access through, or use of; property within the proposed Tentative Tract Map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. NOW, THEREFORE, BE IT RESOLVED that the City Council of 'the City of Arroyo I Grande hereby approves Tentative Tract Map 04;.001, with the above findings and subject to _the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference. On a motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 22"d day of June 2004. _"_._~m --- 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 ---~_..__..__..._... - - RESOLUTION NO, PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 04-001 CAMINO MERCADO PARTNERS, LP 579 CAMINO MERCADO COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the subdivision of a 3.98-acre property into sixty (60) residential condominium units and a 3,000 senior recreational center. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with aU conditions of approval for Conditional Use Permit (CUP) No. 01-010 (Exhibit 1), Amended Conditional Use Permit (ACUP) No. 02-002 (Exhibit 2) and Amended Conditional Use Permit No. 03-003 (Exhibit 3) unless otherwise amended by the conditions of approval for Tentative Tract Map 04-001. 3. The applicant shall complywi~h all conditions of approval for Tentative Tract Map 04-001. . 4. This tentative map approval shall automatically expire on June 22, 2006 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. This expiration date supersedes the dates specified in the conditions of approval for CUP 01-010, ACUP 02-002 and ACUP 03-003. 5. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of (see City Council Resolution) and marked Exhibits 81 - 810 except as modified by these conditions of approval. 6. The applicant shall, as a condition of approval of this tentative map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. NOISE 7. Construction shall be limited to between the hours of 7am and 7pm Monday through Saturday. No construction shall occur on Sunday. --- - RESOLUTION NO. PAGE 5 DEVELOPMENT CODE 8. Development shall conform to the Professional Commercial (P-C) zoning requirements of the Oak Parks Planned Development (PD 1.1) except as otherwise approved. 9. All fences and/or walls shall not exceed six feet (6') in height unless previously approved through Conditional Use Permit 01--010 or Amended Conditional Use Permit 03-003. Any additional deviations from this height limit shall be processed through either a Minor Exception or Variance application. 10. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 11. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." SPECIAL CONDITIONS 12. Each dwelling unit shall be provided with two hundred (200) cubic feet of exterior storage space in a secure manner. 13. All assigned parking shan be provided. within one hundred (100) feet of the front . entrance of the dwelling unit, and shall be covered parking spaces. 14. All permanent mechanical equipment, such as motors, compressors, pumps and compactors, that are determined by the building official to be a source of structural vibration or structure-borne noise, shall. be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official. 15. All common walls and floors shall have a maximum impact and sound transmission class (STC) of fifty (50), or forty-five (45) if field-tested, as defined in U.B.C. Standard No. 35.1. 16. All separated floor/ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet tan Impact Insulation Class (IIC) of fifty (50), or forty-five (45) if field tested, as defined in U.B.C. Standard No. 35.2. 17. The project shall meet or exceed the Uniform Fire Code requirements, and shall be inspected and approved by the City Fire Chief, and additionally shall have a complete one-hour fire separation between dweUing units (floors/ceilings, as well as walls). 18. Provisions for laundry facilities shall be provided within each dwelling unit. -. -.-- . RESOLUTION NO, PAGE 6 19. Twenty-five percent (25%) of the condominium units (or 15 units) shall be reserved for moderate- and low-income seniors through a 30-year deed restriction recorded on each unit, or equivalent restrictive covenant as approved by the City Attorney, as follows: Nine (9) of the units shall be reserved for moderate-income s~niors, and six (6) of the units shall be reserved for low-income seniors. The sales price shall be based upon the moderate- and low-income limits provided by the County of San Luis Obispo in its monthly bulletin summarizing the County's "Affordable Housing Standards". Annual reports shall be submitted to the City from an independent agency (such as the San Luis Obispo Housing Authority) verifying compliance to this restriction. This condition supersedes condition of approval no. 14 for CUP No. 01-010. PRIORTO ISSUANCE OF GRADING PERMIT i 20. Unless otherwise modified by these conditions of approval, the applicant shall submit a perimeter-fencing plan showing all perimeter fences and/or walls. The perimeter-fencing plan shall be approved by the Community Development Director. Perimeter fencing shall generally be 6 feet high. Any existing fencing may be used subject to the approval of the Community Development Director. PRIOR TO RECORDING THE FINAL MAP 21. The applicant shall submit Covenants, Conditions and Restrictions (CC&Rs) that are administered by a subdivision homeowners' association and formed by the applicant for common areas within the subdivision. The CC&Rs shall be reviewed and approved by the City Attorney and recorded with the final map. 22. The CC&Rs shall comply with California Civil Code Sections 51.2 and 51.3 regarding special considerations for senior citizen housing. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. 23. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your infonnation, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 24. Fees to be paid prior to plan approval: a. Map check fee. b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on construction cost estimate. d. Permit Fee for grading plans based on an approved)earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. f. Plan check fee incurred by the City for the review by the Coastal San Luis Resource Conservation District. ~- RESOLUTION NO. PAGE 7 PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on. a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. -------- .-.--....-..----. .----- RESOLUTION NO. PAGE 8 GENERAL IMPROVEMENT REQUIREMENTS 25. The applicant shall adhere to Conditions of Approval for CUP 01-010, ACUP 02- 002 and ACUP 03-003. 26. The approved plans for CUP 01-010 are incorporated by referenced and shall be modified and resubmitted to incorporate the changes required by these conditions of approval. 27. Perform construction activities requiring City inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director. of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS 28. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 29. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. . 30. Submit as-built plans prior to acceptance of the improvements by the City. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 31. The applicant shall have the improvements completely constructed and accepted by the City within 18 months of recordation of the map. Time extensions may be granted at the approval of the Director of Public Works. 32. Revise the improvement plans to show which trees will be removed and which trees will remain. WATER 33. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 34. Revise the improvement so each parcel shall have a separate water meter. 35. Revise the improvement plans to remove the 8" meter and replace with water main. .~ ---- RESOLUTION NO, PAGE 9 SEWER 36. Each parcel shall be provided a separate sewer lateral. 37. All new sewer mains must be a minimum diameter of 8". 38. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 39. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. GRADING 40. Perform all grading in conformance with the City Grading Ordinance. 41. Incorporate the comments from the Coastal San Luis Resource Conservation District into the grading, drainage and erosion control plan. A copy of the comment letter is attached. DEDICATIONS AND EASEMENTS 42. All easements,. abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 43. Abandonment of public streets and public easements shall be listed on the final map of parcel map, in accordance with Section 66499.20 of the Subdivision Map Act. 44. Street tree planting and maintenance easement~ shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 45. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 46. The existing easements for water mains dedicated per Parcel Map AG 87-35 shall be abandoned on the map. 47. A blanket Public Utility' Easement (PUE),' Public Water Easement, and Public Sewer Easement shall be dedicated over the project site not occupied by buildings. -- RESOLUTION NO. PAGE 10 48. The applicant shall make an offer of dedication for the open space depicted on the tentative map on the final map. PERMITS 49. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way. b. Staging work in the City right of way. c. Stockpiling material in the City right of way. d. Storing equipment in the City right of way. e. Obtain a grading permit prior to commencement of any grading operations on site. AGREEMENTS 50. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 51. . Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and. guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 52. Covenants, Conditions, and Restrictions shall be submitted for review and approval by the Director of Public Works and the City Attorney. BONDS 53. All bonds or security shall be in a form acceptable to the City I and shall be provided prior to recording of the map, unless noted otherwise. The Improvement securities shall be such that they shall not expire until. the City accepts the improvements. 54. Submit an updated engineer's estimate of quantities for public improvements for review by the Director of Public Works to reflect the required modifications to the improvement plans. 55. Provide bonds or other financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements. b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements. c. One Year Guarantee: 10% of the approved estimated CQst of all subdivision improvements. This bond is required prior to acceptance of the sub~ivision improvements. - ---- RESOLUTION NO, PAGE 11 d. Monumentation: 100% of the estimated cost of setting survey monuments. This bond may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 56. Tax Certificate: The applicant shall furnish a certificate. from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. 57. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 58. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. PRIOR TO ISSUING A BUILDING PERMIT 59. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 60. All utilities shall be operational. 61. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. CONDITIONS FROM COASTAL SAN LUIS RESOURCE CONSERVATION DISTRICT 62. See Exhibit C on file in the Community Development Department. -.---- '. . EXHIBIT 81 .. .. . ~ ~ ~ :...~ >.-._-,;;.~ i>1!~~1 ~ <'!]I!r~ ~ a ~ r~" . I~&: ~ ~i~i.~ ~ ~~i~ ~ tiC') i~J ~ ~I~I ~ ~~~ I~~~ ~ !r:. ~~ii ~ ~tr .C) I~ ~ ,. ~ J> . .,~~ ~ ~ .....Q) ..... :~~!i ~~~I fUJ~ I ..~ ~ 'U~~ ~ ~ , 'Ii ~ ! ~ . ~~~ ~JT I ~ ::- ~ ~ ::- n A ~~ ~ I ~~ ~~ 8 :II i ... ~ ~ :' ... '" i ~ I I r- ~ ~ ~ .. -> EXHIBIT B2 ! I t'-- <:) 'i " 01:0.. ~ ~ I() I ~ I ~ . ~ag.~ ~~HI ~ ~~a ~ iIIS!>! ~ U~ :, .~ ." I~Btl' . t!t li~l~~ .~~15~~ . , +aJ~ e~~~i~ ~"?od ~f~b~ ~i=I.~ I~~~~~ Q~~ ~ ~..~~ ~i!1~!~ ~i !1~iJ~ . 2~ .1 iO~ ~ ft i! ~! ~ ~ ~ ~~fal. ~ () .~. .. ~:.~I~III . ~I ~ ~~:f~ ~ ~ ~$:!J~~; , IjJ~ fJ 2~ .!r 'I~i~ ~ ~ ~~~ ~ · . !1~i'J "i Ii.. I.! ~ 'i ~ 1:1 i!d!! I a I. . . I ,- . . ,U:II; ~ ~ n ( ~ . {~~l ' ~ ", I~...t'.. .- ~ .It......... ,..",._-: -' .~... I " . .. , II I I I , I ,-, I I : - .- '1i!IIW ill; ~ mmii~ i iliiffi i !/lil!1 o- 11',.1 r "I! I'. I jJl"..~I.. !I II J , ':~ II I, i I i ~ i I' il i .. .'NeeIMe I! I Ii I;d. , . 'JIlIf J · · I e I' '1""II'lIiil'I' I' I I, I .. J * Ii ,;r " · I r II 'EJMbI ..... 21 - -- ;,>._- - (j) 4...... ................. ~.._~_.~~ --. c.io.O...... _........... Central eoa.. u - ; Z 4ca,....o...~... :1\) ....::=..M&- Rea' E8!at. : ~'fi --. ='.- ..0 --... ---,- , II\) : ~ ';. - -...-----..- ,-:-.~ EXH\6\1 64 \ , , , \ - ...__....._~-- ----.~- n, '\\\ ,\\ : , , ! ; i I ! r ; i , i , I ! : .. -" . . ";.t --- t .. "'-". . . . P . \Q\ 1 " p · t,~i~\\;\l \ \ \\\ \ __..,..1- . . ~: I \ \ \l\\\\~\\~~\~ .. . \ \\ \ ..' · \j! ~ \~1 \ \\\~'~i \f\rr~\~\ \\ \\U ,! \ ~- ,at I I I I,,' I j' . I , , . \\i~~~~\\\\ \ \\ \ I ~i\\\,W~l\\ \ \ \\\ \~\~\ \ \ \ 1 ~\\\ ~ \ \ \ \\\~\\\ \ \ \'\ '\~ ~\ \\ \li1\ 't ,II" _ . \ I \1\ .\\ I' \\\'\ I . -::.,,~_ ---- \ ~ .~ ~..... i! 'i' ~ ~ .- \ \ \. d i j ) I ~ .---"--- .. / EXHIBIT B-5 If o I ~ ~ I If I ~ /i! . .. ~ I I ',.', i i I 1/ .1 'I I mil/ ,I. : J h, i ~ " . ... . ,! : j i :;: I ; : ~ : i ~ . 1 . q ~ II :; ; I ~ : ~; : I ! . Ii j( ~: . , I . \ ~ ~ 9 ~ ~ . . ! . ~ Of. % !': ;;! ~ ~ " g N '" Ib 1';'1;- Ie ~ ~ I ~ '. : ,'. I I' ; o ~~',__ ~ ~ I- iI'II' ~w "--~~:~ L . ' I I, ='=1 o ~ r Ib . ,. . ,. II :'" II,.,. too too:" "I~ :m'~I'I"I=,'.llillll'!~!I'II.I'lililll I . ! 11'1," I' ,II I, 'c'd '. . 1:1~lh;cl'll iil!UI'II=I!11 ~ ! III,' 1111".1(&11111' ,,' ~ B~"I.IIII! t 1.1.5'1' _I' I ~ i!1 t ," · I'SI: 'III II ~ ""<: . 5'i'i 'II ' Ii I.' I I 'IiI ~ ~ ! i Ili!i!!!i ~1!~Nijilii! ~ i ~ ;1 I "I I iil! il: I!! III!~I! ~ nO -u I d .. p, I Cj) II;ISI ~ ~ .iJ:!; ~ ~ Ii .al ~ n '1IIh ~ ~ fnl- e -'I ~p I 'x! ~Ias r r ' ii' . . IqrO ~ ~ \ EXHIBIT B-6 \ ~ , \ \ \ \ a I I I \ ! ! ~ " F e. I i .. r---- e .. ---- ! '" ~ 1-__ iii '- -- .. ~ --- i i i 'I~ I : Ih dJ hi n~ I d I ~ ~ " ? Ii ~i s~ ~i + ' ii~ --- , '. , i~ if t , , .~ , I , , -' r' - t I ! \ ";; f'~ ,~ .itlEl .- ~s ii lill" , ;, Ii !i ~~ 'i II 8 ~o , i I I ~ I f~ "'" '~ \ I \ I ;~ \ \ \ \ I 1ft i~ \ \ (\ I ~ I!I ~ \!!I\ ' , i \ \, I I \! ") ~ ~Cj') ~ \-l{) I hf ~~ \ ~ i I:! i ~ ~ ~ ~ ~ z ~~a I ; 5 ~ '" ----..-.- ~ RECEIVED EXHIBIT B-7 FEe 2 6 2004 CITY OF ARROYO GRANDE COMMUNITY DEVELOP,~;Et~T DEF s - - - I - I I BEDROOM 2 L____ I S'-10' CP.. 10. . 10 I I DINING I ROOM I S'-10' C~ I 9' .9 I I I I I I I I I UVING I I ROOM I S'-10' C~ I 16". 11 M. BEDROOM I s' 10' CP I 13' . 11' L_____________ ~~IVATE I.tER~,,----- 20', 5 PLAN A AREA CALCS PLAN 'A' 966 SF FLOOR AREA: 966 SF TOTAL LIVING: 1 06 SF PRIVATE PATIO: 23 SF STORAGE: '- - - -- ~ .~ -- ~- -- EXHIBIT B-8 i~ ...., p:- II)~ I ~J:'~ '- O' T . .J2IIIIIII'1I BEDROOM 2 I...' 8'-10' CP . FTTI .. ....- 1" . 10' ~< II - I' "....... / \ "]r~ ~ "'" '\... -- c..:_ ~ J ' \ ^~. III .....':'( i~~ \ / > /' '---, r----""- \ , r "'" ( I I .T-I', I \ ::: LI,., / \ J \ HALL I I I I " II II " .... ~ -1 -~~: .. : ".....:-..~ ..J ..... I I ...._~ \.of" -,r.. , I I --, , ~'IIt V :.L -.J, I r 1 7'11' , l I I I (:). __.1 I LMNG I ...... , I -.,. I ROOM I 1\ :.. I ..... I 8'-10" CP r .., ....__ ~ ~ 113M, '0' I . - I I ~: :'~ :, L_______________J I L_.1 , 7~ ;0 ~ M. BEDROOM \ PRIVATE 8'-10' CP DECK I 15. . 11J ~\~ 'z .. I I III I ( STORAGE 00 CU, F'T, \... -- -- ::::::::---... PLANS AREA CALCS PLAN 'B' FLOOR AREA: 1039 SF TOTAL LIVING: 1039 SF PRIVATE PATIO: 120 SF STORAGE: 26 SF _..~----_. - ------ --~--~-- -------~.-_.._---_.- - EXHIBIT B-9 ~~n 11 .- ~I~'~ I I J" ~:' I / I ~ _, ~~m <D I 11 iii I :~ !II (J)""CJ ..... _ II ,[)II'--...J 0'8 d ~ 5 :Dr ' I '" .Q ~ $!~ ~ mil \ ~1"'1 )> I - .. > I "IIi ~ ~ (') I 1':'! r----------:-----, ::! ~)> I ,.r.j41 I I o ... - I II I .. . I i1( I I - (') -a In", I :~t en r ~ ' N~ I ~> ::J> L T 1\ ' :.!..:DI:; I ,:"Oiil Z \.08:5 I ".J7 CD' \ N~I:i!5 I (") ,/" . ~ ' . I IV! CD - \ I 10 . I ; \ I !; i \ I CD ft .. , I N en NT'.... I en (XI N Z ________J (J) (J) (J) ci I cJ 1\ 0 7 ..... ..... ..... - L - L ~.1r1 - - - - - I \ ~ 0.- co ~ ~ . .IU- I " (I -co m ~~~ '" 00'8 : I.. IL'<- ::Q I: I ~ I-.... ~ .f.Q<D --- - -- --.---- --.-.---.-.-.--.--....- EXHIBIT B-1 0 8- (!) ~ I-f ~ iJ\ . STORAGE h '."\.- 8' C I 5.. S. .D M. BEDROOM 9' CP ,.... .., II. ... 1J. . 10" I I '" I V V ...~ _\ _a.' XJ " '" I 6' I ",x, I<. -- ir- <!>~ J. PRIVATE ~ HALL BATH 2 PATIO ) 8' T CONC. I I 7'. 9' 22'. 8' pi " ~ I · <0 r LIVING I- -...... ROOM o '" L 9' CP ~ 10 II. 11' d~j".. . L- UI BEDROOM 2 al W 11'1: >' I I 9' CP - f- 11'. 9' I .- tm HN DNI IJG I .liliii:i1 ' . , ,- I T II 9 . 8 ' I I I -. L ..L.. - , I I I L____________________________ PLAND AREA CALCS PLAN 'D' FLOOR AREA: 962 SF TOTAL LIVING: 962 SF PRIVATE PATIO: 140 SF STORAGE: 31 SF . Pearson's Erosion and Drainage Control :services EXHIBIT C 2399 Marjorie Place, Cambria, CA. 93428 Phone: (80S) 927-3327, e-maU: Disipator@aol.eom "CAMINO MERCADO SENIOR APARTMENTS" Gradint! and Drainae:e Plans review Project Name: Camino Mercado' Senior- Apartments. City of Arroyo Grande Depa~ent o~Planning Project No. CUP 01-010 Location: The project lies on the North side of Camino Mercado Road some 300 feet north of the intersection of West Branch Road and Camino Mercado Road, The site is bounded on the west by an existing commercial business complex, on the North by residential home sites, on the East by open land, and on the South by Camino Mercado Road. Site Area: The project site consists of some 3,7 acres. It is irregularly shaped with slopes ranging from 5% to 500.10. Runoffflows from North to South onto Camino Mercado Road and into the city of Ar!oyo Grande's storm drain system. Project Description: The proposed project consists of constructing a complex of single and two story apartment buildings with associated parking, driveways, and installing the associated utilities. The proposed grading to accomplish this requires cutting into the steep hill side and using the cut material as fill to create building pads, parking areas, and driveways. Runoff from the buildings, parking areas and driveways will be directed to an underground drainage system ofPVC pipe. The runoffwill be conveyed, downhill, to the city of Arroyo Grande's storm drain system buried beneath Camino Mercado Road. Soils: Soils on the project site and adjacent properties consists of a gravelly, sandy loam known as "Chamise Shaly Loam". It is generally a deep and well drained soil formed from sedimentary rocks. Typically the surface layer is some 12-inches thick with a subsoil of weakly cemented shaly clay. Underlying this is a shaly sandy clay loam to a depth of approximately 60-inches. 1 --~----~- -~ _..._.....__.~._----- ---. -' Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (80S) 927-3327, e-mail: Disipator@aol.com Permeability is very slow at 0.6 to 2,0. inches per hour. Available water holding capacity is low making the establishment and maintenance of vegetation difficult .- Surface runoffis rapid. .The hazard to sheet erosion is medium to high however the . """'h., hazard to erosion from concentrated flow is high. Maxim permissible velocity, without creating erosion, for runoff flowing over this soil is approximately 3 to 5 feet per second. Observations: ."Site" The project site has been previously graded leaving several small benches cut into the hillside with fill placed on the downhill side of the benches, It is not known if the fills wer properly placed and compacted, A small pile of excavated material lays adjacent to Camino Mercado Road, and a roughly graded access road was graded along the East boundary, The access road has several small gullies eroded into its surface from runoff waters being permitted to collect into concentrated flows, There appears to be little topsoil remaining that would be suitable, for capping the project's proposed cut and fill surfaces, to help establish and maintain a protective vegetative cover on them. On site vegeta~on consists of several mature live oak trees, annual grasses, and low profile brush. Observations: "PIansIDrawings" Sta"dtJrd Gmdinil Notes Sheet Cl.O Note # 17 states that there will be some 30,000 cubic yards of cut and 10,000 cubic yards offill. This will result in approximately 10,000 to 15,000 cubic yards of cut material left over to be disposed of somewhere, This material should be placect at its final destination, in a manner that will not cause an erosion and sediment problem.. Note # 21 staes that all cut and fill slopes shall be Hydroseeded upon completion of grading. There are no specifications as to type or quantity of materials to be used in the Hydroseed mix or a rate of application. 2 ---~_._------ --- Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (80S) 927...3327, e-mail: Disipator@aol.com Erosion Control Notes: Sheet Cl.O Notes # 1 through # 10. The erosion control notes are too vague in their , description of what materials to. use for-erosion.controland.how.the materials are "-'.' to be used. This vagueness leaves too much to the interpretation of personnel who may not understand what materials to use, how to properly use them in a given situation, or the importance of their proper use. As can be seen on the accompanying photo nmoffwaters have eroded gullies intO the existing access road's surface and rills into the face of some of the steep slopes. The sediment from these gullies was probably washed into the city's storm drain system. Note # 1 states that the contractor must pond allnmoffat non-erodible locations with the use of dikes, The size and locations of the non-erodible areas are not identified. The type of materials, dimensions, and method of constructing the dikes is not given, A failed pond, of sediment and water, due to improper design and/or construction could create more erosion and put more sediment onto Camino Mercado Road and into the city's storm drain system than if the pond didn't exist. Construction Notes Sheet C2.0 Note # 12 shows installation of a Cross Gutter (open concrete lined "V" ditch). There are no supporting hydrology and hydraulic calculations for this drainage ditch, PliInsID'lIwinllS Sheet C4.0 The drawings show various diameters of underground pipe to be used for collecting and conveying runoff waters from buildings and parking lots to a main IS-inch diameter pipe buried beneath the proposed main driveway. This IS-inch pipe in turn connects to the city's storm drain system under Camino Mercado Road. There are no supporting hyrology or hydraulic calculations for the 4-inch and I2-inch diameter pipelines, 3 i _._~~._. ..--._"~ .._---- I --------- ----.-_.....- -,' Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (805) 927-3327, e-mail: Disipator@aol,com Erosion Control Notes Sheet C7.0 Note # 5 alludes to desilting basins that will be cleaned of sediment and pumped _, dq after each rain storm. Thelocations and dimensions of these basins are not shown on the plans/drawings. '. PlansIDrawinllS Sheet C7.0 Silt Fence Detail: The proposed silt fence on the drawings is lacking in specifics such as: a.) Height of silt fence to remain above ground level. b.) Depth of support stake to be driven into the ground. c.) Spacing between the support stakes. d,) Quality of silt fence material. e.) Removal of sediment buildup behind fence, f.) Maintenance of fence, An improperly installed silt fence will fail to keep sediments, from this project site, off Camino Mercado Road and out of the city's storm drain system. Alan Block Retllininll Wall Desitm: The Specifications Guidelines. Part 2: MATERIALS # 2.3 A. States that heavy clay or organic soils shall not be used as backfill behind the drainage rock in back of the retaining wall, The specified drainage rock has diameters ranging from 1/4 -inch to 1.5- inches. The voids in the drain rock will be much larger than the particle size of the adjacent backfill soil. This could result in the backfill soil particles, under hydrostatic pressure, flowing into the voids in the rock, out through the joints in, and down the face of the Allan Block wall. This could cause unwanted settling in the soil backfill and reduce the drainage capacity of the rock chimney behind the retaining wall. 4 Pearson's Erosion and Drainage Control Services 2399 Marjorie Pla~e, Cambria, CA. 93428 Phone: (805) 927-3327, e-mail: Disipator@aol.~om The Specifications Guidelines Water Management. Section 3. Part 1: General Drainasze States that existing slopes adjacent to the retaining walls or slopes created dming the grading process shall include drainage details so that surface waters will not drain over the top of the slope face and/or wall. The plans/drawings do not show how this will be accomplished. Drainwze from behind the retaininsz wall: The cross sectional drawing shows the proposed 4-inch PVC "Toe" drain line.~s bottom at the same elevation as the subgrade for the base rock under the Allan Block. (see Allan Block Retaining Wall Design, Construction Details sht. 1 of 2) This will have the potentialfor.permittingwater to pond under the Allan Block and super-saturate the soil beneath. This in turn could result in unwanted settling in sections of the retaining wall. HvdrolotdclHvdraulic cfllculations bv Desim E"llineer. RThoIllDS01l: A comparison of runoff yields, from the project, found by the method for calculating runoff yield used by the design engineer, to the method generally used by the county of San Luis Obispo gives a rather significant difference, The design engineer calculated a runoff of 5,0 cubic feet per second. The San Luis Obispo County's method which uses the Rational method (Q=CIA) results in a runoff :flow of 8.88 cubic feet per second. Using the Rational method with a runoff: Coefficient of runoff of 0,8 for the buildings, parking areas, and driveway, A rainfall intensity of 3.2 inches per hour for a 10 minute duration, Area of drainage 3.0 acres = CIA = 0.8 X 3.2 X 3.0 = 7,68 cfs. Coefficient of runoff for the permeable areas = 0.5 I = 3,2 inches. Area of drainage = 0.7 acre. CIA = 0.5 X 3,2 X 0.7 = 1.20 cfs. Total runoff from project site = 8.88 cfs. 5 --.-....--.....---..----.-..--..--...----.- Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (80S) 927-3327, e-mail: Disipator@aol.com Conclusion: Because of the proximity of the project site to the major city street "Camino Mercado Road" and the City of Arroyo Grande's storm drain system, the sites steep slopes, and high erodibility of its soils proper measures, to control erosion and sediment dming and after construction, must be employed. Pne such measure should include sediment basinls dming construction of the project. The proposed plans/drawings and specifications are lacking in some of these measures. Recommendations: In making the following recommendations it is assumed that: a.) The contractor will be permitted to work dming the recognized rainy season from October ISth of one year til AprillSth of the following year. Otherwise there is no need for a drainage and erosion control plan, b.) There will be rain during this period and any unprotected soil on the project will erode and the sediment will drain downslope until it is mechanically stopped on the project site or flows onto Camino Mercado Road and ultimately into the city's storm drain system.. To help achieve the goal of controlling erosion and 'sediment associated with the construction of this project to keep it on this project site, the following measures are recommended, Require that the ContractorlDesign Engineer submit the following: 1,) Plans showing the removal and stockpiling of all remaining topsoil for use to cap cut and fill slopes with a minimum thickness of 6-inches. Import additional topsoil, for this purpose, if necessary. 2.) Statement/plans showing how and where excess cut material will be disposed of, 6 - -------- -~---_.._-- ------~- --- Pearson's Erosion and Drainage Control Services 2399 Marjorie Place, Cambria, CA. 93428 Phone: (805) 927-3327, e-mail: Disipator@aoLcom 3.) Material type, quantities and application rate for hydroseed mix to be applied to finished slopes and other bare ground areas upon completion of grading. 4.) Explain more clearly, in the "Erosion Control Notes" How, what, where and when materials will be used for erosion and sediment control. 5.) Design and show on the drawings, location and dimensions of sediment basins to be used to keep sediments on site, Furnish their supporting design calculations and maintenance methods, 6.) Supporting design calculations for the design of the Cross Gutter shown on construction drawing sheet C2,O. 7.) Supporting hydrology/hydrauliccalculations for the design of the 4-inch through 12- inch diameter drainage system's collection and conveyance pipelines. 8.) A detailed plan of silt fences to be used (see the one accompanying this report). 9,) Plans showing how fine particle soils in the backfill behind the Allan Block retaining Wall drainage rock will be kept :&om flowing into the larger voids in the drain rock thus precluding the above soil surface :&om settling, discoloration of the face of the Allan Block, and reduction of the drainage capacity of the drain rock. 10,) Plans showing how surface drainage will be prevented :&om flowing over the top and down the face of the Allan Block retaining wall. 11.) A revised drawing of the Allan Block retaining Wall installation showing rel~on of the ''Toe drain" to preclude water :&om ponding under the Allan Block Wall (see my revision of Allan Block's original cross sectional drawing). 12.) Runoff calculations, for the project, using the "Rational Method" as is used by San Luis Obispo County's engineering department. 13.) A detailed plan showing how contractor will prevent the main drive road :&om eroding during construction. This will be the logical access road to upper areas of the project site during construction, Portions of this road will have steep slopes which will encourage concentrated erosive nmoff flows. 7 --......-- <. \ ";~-:\ ~~~: I 'f!:; ~ " "'II' Hi"I,,:, % I' ,,' , .I. .. '" j ;;~ . . t ,t"'~i";'\,:-(,~t. , - - - - - - - - -~- I Pending neJ!1If POST SPI\C1NG. mox . 24" 7' max _ 00 open I\JI1$ ". max on pooling omos .. ....--....... :"'-' f AIIac n IubIIc 10 upsIIeofY. side uI post fop e" FLOW ... 1 DIoIe 0IIe' eac ~ Sid 0 uI POST DEPTII Jilt lenclt? t04 tmes A.s muc h beIO w gJOUnd WIth clevie e-"'O OS fobnc abQo[ fJ QItJUI10 60 Q.S j . 01 QII!OIIIr !{'O ~ cCJl11lDC\lOn I\)()"'~, DiaQDnaI aIICJI..'t.IQI' ~ ItIIIInfIIh , -~ ,~ ~, '/ . ~ ~ /, /. . . ~ ~ / ~~~~~i'~;/. " '" " ~ ~ ~ ~. ~~~~ ~~~~/ /..~~'J.: ~ ~~~~. '// ~ ~ '/ ~~~~/ /n~~~'\ ~~~~~, AlfACHMENr DfrMS; ~;...7~, ! ~ l' 1',~' /~~~,,, ~~~~",~ . caa.. fabric CII pcIIb, . nMdIId. '/,/~'//, q .. ~~,0 ~' ~~~~../. ~~~;\.~~. ........ till.... aI wINn lap S' 01 labile. ~~~)-'~~ (f';f~~~':-.. . ~ eacl\tledlagal..-v, puncIUIIng hoIII~ /.~~~//.~~ J ~"'~~~~ ~ ~:--. /' Z ~ '/,/. ~ q a "**'-" 011' CIDQIt. ~~ ~ ~~.~~ . HangMCh.. ana poet nipple andlgl'llen___. No more than 24- of a 36" fabric UIe cabIIt lei (ICbt af 101..... is allowed above ground. GuideUaes To iDSUle JIIO.PI'l fuDctioDiDg of the silt fence install the bottom of the fence into an emmded trcDch. Excavate the trench a IlJinilll1J1ft of 8-iDChes below the Datura1 ground 5111face. IIIsta1l the geotextiIe feDciDg into the trench, making sure the bottom of the fenciDg. isa nqnirnoq, of 8-inches below the natural ground SUIface. Backfill the trench with soil Immediately after ~lIi.. the fence in the trench and baddilliq with soil. <:ODIpIC:t the tOil on both sides of the feDc:e by drtriD& the wheels of a tractor or skid loader next to and pera1IeI with the fence. Where COIIIpICtioli by wheeled equipment is not practical the soil shall he COIDpICtecI by foot tampins or other approved methods. Silt Fence That Works ~.._._-- --- --~.._-----_. ---- -------- - Exhibit 1 RESOLUTION NO. 3576 PAGE 5 - . - EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01- 010 Central Coast Real Estate Development, Inc. 579 Camino Mercado COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITION~ This approval authorizes the construction of a 60-unit senior apartment complex and a 3,000 square foot senior recrea.tion center, 1, The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2, The applicant shall comply with all conditions of approval for Conditional Use Permit Case No, 01-010, 3. This application shall automatically expire on January 22, 2004 unless a building permit is issued, . Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of December 11, 2001 and marked Exhibits "81 - 8S", Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions. S. The applicant shall agree to defend at hislher sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any cour:t costs and attorneys fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action, The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of hislher obligations under this condition, DEVELOPMENT CODE 6, Development shall conform to the Professional Commercial (P-C) zoning requirements of the Oak Parks Planned Development (PD 1,1) except as otherwise approved. 7, Signage shall be subject to the requirements of Development Code Chapter 16,60. ~_.,-_._--- .~--- --- RESOLUTION NO. 3576 PAGE 6 .. . .. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. NOISE 9, Construction shall be limited to between the hours of 7 a,m. and 7 p.m. Monday through Friday and between 8 a,m, and 5 p,m. on Saturday or Sunday. WATER 10. All new construction shall utilize fixtures and designs that minimize water usage, Such fixtures shall include, but are not limited to. low flow showerheads. water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. SOLID WASTE 11. Per Development Code Section 16.48,130(c}, trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of.masonry or concrete with an exterior finish that complements the architectural features of the main building, The trash enclosure area shall be large enough to accommodate recycling container{s}. 12, Trash enclosures shall be reserved exclusively for dumpster and recycling container storage, Miscellaneous tires, auto parts. boxes, bins, racks, etc., will not be allowed within the enclosure. SPECIAL CONDITIONS 13. The development shall be restricted to senior citizens {ages 55 and older}. 14, Twenty-five percent {25%} of the apartment units {or 15 units} shall be reserved for moderate-income seniors through a 30-year deed restriction recorded on each unit. or equivalent restrictive covenant. Annual reports shall be submitted to the City from an independent agency (such as the San Luis Housing. Authority) verifying .compliance to this restriction, 15. If directed by City Council. the applicant shall enter into a funding agreement with the City that describes the purpose and terms of financial assistance from the City's Affordable Housing In-Lieu Fund, 16, For paving proposed under the dripline of existing oak trees, only porous pavers shall be used to allow air and nutrient exchange to the root system. The pavers shall comply with the most current ADA standards, PRIOR TO ISSUING A BUILDING PERMIT: 17, The Community Development Director shall approve plans for the trash enclosures. -- --.---- ....-..-- RESOLUTION NO. 3576 PAGE 7 - - - 18, The development plans shall comply with Development Code, Chapter 16,56, "Parking and Loading Requirements", The parking spaces shall be clearly marked to delineate the tenant parking from the parking for the senior center, 19. The applicant shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection, 20, The applicant shall submit details of all proposed screening and retaining walls for review and approval by t~e Community Development Director, Any fence, wall, or combination thereof exceeding six (6) feet in height, but less than eight (8) feet, shall require a Minor Exception approved by the Community Development Director, 21. A landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Parks and Recreation Departments. The plan shall be consistent with the requirements of Development Code Section 16,56,130, "Landscaping for Off Street Pa!,l<ing Facilities", The landscape plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. No significant trees to be 'removed. d, The required landscaping and improvements, This includes: 1, Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2, Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; 3, . An automated irrigation system, 4, Pampas grass shall be permanently removed from the project site. 5, No landscape materials shall be planted under the dripline of any existing oak tree, PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 22. Development shall comply with Development Code Sections 16.48,070, "Fences, Walls and Hedges"; 16,48,090, "Lighting"; 16,48,120, "Performance Standards"; and 16.48,130 "Scre~ning Requirements", 23, The developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. ----_.-- -----"---- RESOLUTION NO. 3576 PAGE 8 - . .. ARCHITECTURAL REVIEW COMMITTEE 24, All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. PARKS AND RECREATION DEPARTMENT 25. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 26, Linear root barriers shall be used at the front of the project to protect the sidewalks. ., 27, All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 28. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: . 29. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. , 30. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT 31. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 32. The project shall have a fire flow of 1 ,500 gallons per minute for a duration of four hours, 33, The project shall be compliant with current state and federal disabled access laws (ADA), 34, The project shall comply with Califomia State amended bUilding codes. PRIOR TO ISSUING A BUILDING PERMIT: 35. The applicant shall show proof of properly abandoning all non-conforming items such as ~eptic tanks, wells, underground piping and other undesirable conditions. ---- ----- RESOLUTION NO. 3576 PAGE 9 - . - 36. The applicant shall obtain County Health Department approval for the kitchen in the Senior Recreation Center. 37, The applicant shall pay any review costs generated by outside consultants. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 38, Fire hydrants shall be installed per Fire Department and Public Works Department standards, 39, All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines, Directional signage shall also be posted for emergency access to the buildings. . 40, The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. '. 41. The building must be fully sprinklered per Building and Fire Department guidelines. 42, The applicant shall install a Fire Department approved fire alarm system per National Fire Protection Association Standards, 43. Consistent with Mitigation Measure No. 20, the applicant shall provide a Vegetation Management Plan for a portion of the open space property located adjacent to and north of the project site, The Plan shall include an area having a depth of 200' along the northern project boundary. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 44. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked. from the project site, The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted, The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director, 45, Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way, 46. Grading - All grading shall be done in accordance with the City Grading Ordinance, 47, Fees - The applicant shall pay all applicable City fees at the time they are due, (For your information, the "Procedure for Protesting Fees, Dedications, ReseIVations or Exactions" is provided below), ._~- RESOLUTION NO, 3576 PAGE 10 - - - PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of arrangements to .pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition, (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council- of the fa.ctual elements of the dispute and the legat theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development" or within 90 days after the . date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on. a development project by a local agency within 180 days after the delivery of the notice, (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required, (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. -- ---. RESOLUTION NO. 3576 PAGE 11 - . .. PRIOR TO ISSUING A BUILDING PERMIT: 48. Improvements required - All project improvements shall be designeq and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b, Curb, gutter and sidewalk, c. . Public utilities, d, Water and sewer, e, Traffic signal and street improvement for the intersection at Camino Mercado and West Branch Street. f. Signing and striping plan for the intersection at Camino Mercado and West Branch Street. 49. Site Plan Requirements - The site plan shall include the following: a, The location and size of all water, sewer and storm water facilities within the project site and abutting streets or alleys. b. . Location, quantity and size of all.sewer laterals. c. The location, size and orientation' of all trash enclosures, d. All parcel lines and easements related to the property, e. The location and dimension of all paved areas, f. The location of all public or private utilities, g, The location of all existing improvements such as retaining walls. 50, Traffic signal design - Prior to issuing a building permit, all plans related to the traffic signal at Camino Mercado and West Branch Street shall be completed, and approval by the City and Caltrans shall be obtained. 51, Fee reimbursement - The developer shall implement the design and installation of the Camino MercadolWest Branch Street signalization improvements as described in these conditions. The City will reimburse the developer for the design and construction costs for the signalization improvements to the extent. that such costs exceed the developer's responsibility to pay for traffic signalization fees. The improvements that are included in the reimbursement \ . are the signal installation, related signage and striping, and island modification. 52. . Reimbursement Agreement - Prior to signal plan approval, the developer shall enter into a reimbursement agreement with the City, The reimbursement agreement shall include the amount and timing of reimbursement. 53. Water Storage - Consistent with Mitigation Measure No, 3, the applicant shall pay a water storage fee for fair share of costs of projects identified in the water master plan, Based on previous calculations, the fair share would be $2,625 per Equivalent Residential Unit w~ter usage. --------- -- RESOLUTION NO. 3576 PAGE 12 - . - 54, Drainage design - All drainage facilities shall be designed to accommodate a 100-year storm flow, 55. Parking lot design - The cross slope on parking lot driving lanes shall not exceed 5 percent. 56. Entrance design - The driveway entrance shall be designed with curb returns having a minimum radius of 15 feet. 57, Improvement agreement - Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements, . 58. Soils report - A preliminary soils report shall be prepared by a registered civil engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 59. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction, 60. Landscape approvals - Landscape and irrigation plans are. required.within the public right of way, and shall be approved by the Community Development, Parks and Recreation, and Public Works Departments. 61, Utility company review - All public improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 62. . Plan submittals - Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes, Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts), 63. Recorded documents - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8%" x 11" City standard forms, and shall include legal descriptions, sketches, closure calcul~tions, and a current preliminary .title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 64. Water Neutralization Program - Consistent with Mitigation Measure No.2, The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: .f ~--_.._-_.- RESOLUTION NO. 3576 PAGE 13 - . - Implementing an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices, The calculations shall be submitted to the Director of Public Works for review and approval. The pr~posed individual water program shall be submitted to the City Council for approval prior to implementation; or, Paying an in lieu fee of $2,200 per Equivalent Residential Unit water usage, 65. Street widening - Camino Mercado shall be widened along the property frontage, The widening shall provide a width 22 feet from centerline to the curb (matching the existing curb to the east), The pavement structural section shall be based on a Traffic Index (TI) of 6.0, 66. Intersection signalization - A traffic signal at Camino Mercado and West Branch Street shall be installed and operational. 67, Curb and sidewalk - A concrete curb, gutter and 6-foot wide concrete ~idewalk shall be constructed along the property frontage. 68. Parking lot striping - The parking lot spaces shall utilize double line striping. 69, Road Repairs - Camino Mercado shall be reconstructed across the property frontage and to the center of the street to a structural section capable of supporting a TI=6,O, 70. Site Drainage - Roof drainage and parking lot drainage shall be collected in a storm drain system, The public storm drain in Camino Mercado approximately 100 feet west of the project boundary shall be extended to connect to the project drainage system. 71. Storm Drains - The onsite storm drain system shall be private, The storm drain in Camino Mercado shall be public, All on-site private drainage structures shall be equipped with a fossil filter and debris catcher, The applicant shall implement a regular maintenance and cleaning program for the on-site drainage facilities, Both the filters and the maintenance program shall be subject to the approval of the Director of Public Works. 72. Site Grading - All existing cut slopes, which have been previously graded and left in an unsafe condition, shall be graded to a safe condition with a maximum slope of 2: 1, 73. Relocate Water Facilities - The existing water air release valve and the existing fire hydrant shall be relocated as necessary to accommodate the new improvements, as required by the Director of Public Works, 74, Onslte private fire lines - Private onsite fire sprinkler lines shall be connected to the public water system with a backflow prevention assembly, The backflow --- ,-.--..- RESOLUTION NO. 3576 PAGE 14 - . - assembly shall be painted green. Fire department connections shall be located per the Fire Department requirements, 75. Onsite public fire lines - A 15-foot wide easement shall be provided for public waterlines serving onsite fire, as required by the Director of Public Works. 76. Water-sewer crossings - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards, 77, Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works, Separate meters may be used for irrigation, 78. Sewer Connection - The onsite sewer system shall be private and shall connect to the public sewer system in a single location, Sewer laterals larger than 4 inches shall connect to the public system at a manhole, 79. Existing Services - Existing water and sewer services not used by the project shall be abandoned per the requirements of the Director of Public Works. 80. CitY benchmark - The applicant shall install new City Benchmark in' the vicinity of Camino Mercado, 81, Underground new utilities - All new public utilities shall be installed as underground facilities except as noted. 82, Utilities operational - Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 83. Senior Center Agreement - Prior to issuance of the Certificate of Occupancy, the applicant shall enter into an agreement with a private, non-profit ~ntity or public entity for the operation of the Senior Center within the project for the maximum benefit of the Arroyo Grande and South County senior citizen community, The Agreement shall have a minimum term of 10 years and shall.be subject to the approval of the City Manager and City Attorney, -------------- ----- RESOLUTION NO, 3576 PAGE 15 - . - MIT/GA T/ON MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing that the mitigation measures have been implemented, 1. The applicant shall implement the recommendations included in the Preliminary Soils Engineering Report prepared by GeoSolutions, Inc, dated October 4, 2001 (Project No, SL002497-1), included in the Initial Study as AttachmAnt A. Monitoring: Review of grading, drainage, and foundation plans Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 2. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing an individual water program that utilizes fixtures and designs that minimize water usage: The calculations shan be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, paying the in lieu fee, Monitoring: Review of individual water program or payment of the in lieu fee Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 3, The applicant shall pay a fee of $2,625 per Equivalent Residential Unit water usage for adequate water storage for the project, Monitoring: Pay required fee Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 4. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy, Monitoring: Review of building plans Responsible Dept: . Building and Fire.Department Timeframe: Prior to issuance of building permit ----- -....--.----- RESOLUTION NO, 3576 PAGE 16 - - - 5. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch, To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Dept: Parks and Recreation Department Tlmeframe: Prior to issuance of building permit 6. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities andlor provide on- site retention basins to the satisfaction of the Director of Public Works, Monitoring: Review of grading plans Responsible Dept: Public Works Department Timeframe: Prior to issuance of a grading permit 7, During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour, Reclaimed (non-potable) water should be used whenever poss~ble. 8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation, 9. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities, 10. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established, 11, All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with eve Section 23114, 12. All roadways, driveways, sidewalks, etc. to be paved should be completed as _ soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used, 13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 14. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads, ~---- -_.~.._- --- RESOLUTION NO. 3576 PAGE 17 - .-- For Mitigation Measures No.7 -14: . Monitoring: Review of grading and building plans and site inspections Responsible D~pt: Public Works and Building & Fire Departments shall inspect plans and spot check in the field Timeframe: Prior to issuance of a grading permit and during construction 15. The applicant shall install a traffic signal at the intersection of Camino Mercado and West Branch Street. The applicarit and the City shall enter into a reimbursement agreement providing that the City shall reimburse the .applicant the difference in costs between the signal installation and the project's Signalization Impact fee, The applicant may be reimbursed for those costs to the extent that signalization impact fees are available and programmed for this project. Monitoring: The applicant shall install the traffic signal Responsible Dept: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy 16, The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fees. Responsible Dept: Building & Fire Department Timeframe: Prior to issuance of building permit 17, Site development plans shall specify that grading and other types of disturbance be precluded from a 25-foot buffer zone around the Pismo Clarkia populations to minimize impacts. A fence and appropriate signageshall be placed around the buffer zone to preclude impacts to Pismo Clarkia during construction, .f" Monitoring: The applicant shall submit plans showing these protection measures, Responsible Dept: Community Development Department Tlmeframe: Prior to issuance of grading permit 18, The site development plans identifying protection areas around the Pismo Clarkia shall be submitted to the California Department of Fish and Game (CDFG) at least 10 days prior to the start of site work. Monitoring: The applicant shall submit the plans to CDFG Responsible Dept: Community Development Department Timeframe: Prior to issuance of grading permit ---_.~ -- RESOLUTION NO, 3576 PAGE 18 - . - 19. Protective fencing shall be installed around each tree at the dripline, The fencing shall be installed prior to any site clearing, grading, or demolition activities, and shall remain in place until construction is cOmplete, including landscaping. Weatherproof signs shall be permanently posted on the fences, stating the following: Tree Protection Zone No pArRonnel, equipment, matluials, or vAhlt:'e5 aM allowed Do Not move or remove this fence [Name of arborist or consultant] [Name and phone number of developer or general contractor] Monitoring: Field inspection. Responsible Depts: Parks & Recreation and Community Development Departments Timeframe: Prior t.o issuance of grading permit 20. The applicant shall submit a Vegetation Management Plan for a portion of the open space property located adjacent to and north of the project site. The plan shall include an area having a depth of 200' along the northern project boundary, Monitoring: The applicant shall submit the plan Responsible Dept: Building & Fire Department Timeframe: Prior to issuance of building permit 21. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise, 22, All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code, 23, To the greatest extent possible, grading and/or excavation operations at portions of the site bordering developed areas should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. For Mitigation Measures No. 21 - 23: Monitoring: Notes shall be placed on the construction plans . referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction --.- --- RESOLUTION NO, 3576 PAGE 19 - . - 24, The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined, If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately, The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site," Monitoring: Review of grading plans and site visits by the Public Works Inspector Responsible Dept: Public Works and Building & Fire Departments Timeframe: Prior to issuance of a grading permit and during site grading 25. The applicant shall pay all applicable park development fees to the City, Monitoring: The applicant shall pay the park development fees . Responsible Dept: Parks & Recreation Department Timeframe: Prio~ to issuance of building permit . -- ---~-- ------ . . . Exhibit 2 RESOLUTION NO. 3593 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 02- 002 Central Coast Real Estate Development, Inc. 579 Camino Mercado COMMUNITY DEVELOPMENT DEPARTMENT . GENERAL CONDITIONS This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to convert twenty one-bedroom units to two-bedroom units. The total number of units originally approved (sixty) remains unchanged, All sixty un.its are now two-bedroom. 1, The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project, 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 01-010 and Amended Conditional Use Permit Case No. 02-002, 3, This application shall automatically expire on May 28, 2004 unless a building permit is issued, Thirty (30) days prior to the expiration of the approval, the applicant may apply for. an extension of one (1) year from the original date of expiration. 4, Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 28, 2002, and marked Exhibits "B 1 - B5". Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions, 5, The applicant shall agree to defend at hislher sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof,. or in the altemative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attomey's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action, The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition, -~--,..,-_._-_.__.- _.~_.- --"--"- Exhibit 3 RESOLUTION NO. 3706 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003 Central Coast Real Estate Development, Inc. 579 Camino Mercado COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to reduce the on-site parking by two (2) additional spaces, allow construction easements on City property, remove eighteen (18) Coast Live Oak trees, and construct" a pedestrian path on adjacent City property, 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project, 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 01-010, Amended Conditional Use Permit Case No, 02-002, and Amended Conditional Use Permit Case No, 03-003. 3. This application shall automatically expire on August 26, 2005 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration, 4, Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of August 26, 2003, and marked Exhibit "81". Setbacks, lot co'(erage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions. 5. The applicant shall agree to defend at hislher sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the altemative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attomey's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition, 6, To formalize the offer of dedication to the City of Arroyo Grande of the northern portion of the property where the pedestrian path terminates, the applicant shall record an irrevocable open space easement on behalf of the City, -- - I RESOLUTION NO, 3706 PAGE 5 7. Prior to issuing a <;ertificate of occupancy, the applicant shall make necessary improvements for the pedestrian path as indicated on Exhibit "8". 8. The landscape plan shall include a mix of plant material that screens the project and pathway from adjacent residents, 9. The public pedestrian path that begins at the bus turnout on Camino Mercado in front of the project site shall connect to the pedestrian path located adjacent to the access driveway on City property. The pedestrian crossing over the access driveway shall be clearly marked, 10. To satisfy tree removal mitigation requirements, the applicant shall plant fifty-four (54) 5 and 15-gallon Coast Live Oak trees on and off site per the approved Tree Protection and Replacement Plan, or as modified by the Parks, Recreation and Facilities Director, and pay $13,500 as tree removal in~lieu fees for the ninety (90) replacement trees that cannot be accommodated on or off-site, The replacement trees shall be maintained by the applicant for a period of three (3) years, or until the City determines that the replacement tress are established and no longer in need of irrigation and maintenance, If any of the replacement trees die within this timeframe, the applicant shall replace in~kind, subjeCt to approval of the Parks, Recreation and Facilities Director, . -- DUGGAN SMITH & HUTKIN LLP A TT ACHMENT 1 THOMAS M. DUGGAN A TTOR,).,jEYS AT LAW LINDA SOMERS SMITIi MARIA L. HUTKIN 979 080S Street, Suite F OfC"unsc1 Post Office 8o.~ 15139 RICHARD N. RACOUILLA T SAN LUIS OBISPO, CALIFORNIA 93406 (805) 546-2060 REC:::'::D Fax (805) 546-8865 APR 2 7 2C04 CITY OF ARROYO r (:) ~. ~ 'nE COMMUNITY D;:;':::Lc;~ ...", i L~PT. April 9, 2004 Jason Blankenship HAND DELIVERY Camino Mercado Partners 2000 Mattie Drive Pismo Beach, CA 93449 Re: Camino Mercado Jason: Enclosed are the revised CC&Rs for the Camino Mercado Senior Housing Condominium Project. Sections 2.2 and 6.1 were revised to address the City's concerns. Please let me know if you have any questions or need any other services in connection with this project. Sincerely, enclosure LSS:jrh M:\ I Client Files\l Client Files\CCRED\CaminoMercado\Lctters\Ur-CaminoMercado-040804. wpd Declaration Cover Sheet If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates State and Federal Fair Housing Laws and is void, Any person holding an interest in this property may request that the County Recorder remove the restrictive covenant language pursuant to subdivision (c) of Section 12956,1 of the Government Code, However, all lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status, Recording Requested By: Camino Mercado Partners, LP When Recorded Mail To: Mr. Gary Collett Camino Mercado Partners A Limited Partnership 191 W. Wilbur Road, Suite 103 Thousand Oaks, CA 91360 DECLARATION OF COVENANTS CONDITIONS & RESTRICTIONS CAMINO MERCADO SENIOR CONDOMINIUM OWNERS ASSOCIATION a California nonprofit mutual benefit corporation TABLE OF CONTENTS ARTICLE I DEFINITIONS................................ ........... ......... ........... ............................................. 2 1.1 Architectural Review Committee ...................................................................2 1.2 Articles........................................................... ..... ............................................ 2 1.3 Assessment.. ............ ........... .................................................... ......................... 2 1.4 Association........... ..... ....... .... ........... ..... ........... ....... ....... .................................. 3 1.5 Association Rules or Rules and Regulations .................................................. 3 1.6 Board of Directors or Board ............................................ ............................... 3 1.7 Bylaws........... ....... ...................... ..................................................................... 3 1.8 Capital Assessment........... .................. .............. ...... ........................................ 3 1.9 CC&Rs..... .......... ............... ........... .... ....................................... .........,.............. 3 1.10 Common Area. .................. .... .......................................................................... 3 1.11 Common Assessment... ..... ........ ...................... ......... .... ............... ..... ............... 3 1.12 Condominium or Unit....... .............................................................................. 3 1.13 Construction and Sales Period ........................................................................ 3 1.14 Declarant ..... .......... .............. ............. ..... ............. ............ .......... ....................... 4 1.15 Declaration....................... ............. .................................................................. 4 1.16 Exclusive Use Area. ................... .............. ....... ..... .... ....................................... 4 1.17 Governing Documents.............. ..................... .... .................... ......................... 4 1.18 Living Unit .................................................... ......................................,........... 4 1.19 Manager ............................ .................................. ........... ................................. 4 1.20 Member ....................................................... ...... .... .............. ............. ............... 4 1.21 Mortgage .................................... ....................................................... ..............4 1.22 Mortgagee.......... ..................................... ....... ...... ........................................... 4 1.23 Owner.. ............................................... ............. .................. .............................. 4 1.24 Person.... ................ ............. .... .......................... ............................................... 5 1.25 Property..................... .......................... ........... ............... ............ ...............,...... 5 1.26 Qualified Owner or Occupant ............................................................. ............ 5 1.27 Senior Center.................................................... .............................................. 5 1.28 Special Assessment.. ................ ......... .............. ........................ ........................ 5 ARTICLE II PROPERTY RIGHTS.... .............. ................ ........ ............ .... ....... .............. .................. 5 2.1 Property Subiect to Declaration ..................................................................... 5 2.2 Elements of Condominium. ......................................., ,.................................. 5 2.3 No Separate Conveyance. ...................................... ............................... ......... 5 2.4 Nonexclusive Easements. ...... ........................... .............................................. 6 2.5 Partition Prohibited. .......... ...........................................,............ ........ ..........,...6 2.6 Encroachment Easements. ... ........... .... .............. ............... ............................... 6 2.7 Delegation of Use. ................................................ .......................................... 6 2.8 Lease Must Require Confonnance to Governing Documents. ....................... 7 1 2.9 Minimum Lease Term....... ............. ........................ ............... ...... .................... 7 2.10 Declarant's Construction and Sales Rights.................................................... 7 ARTICLE III ASSOCIATION....... ..................... .................................... ........................ .................. 8 3.1 Existence. ......... .................... ................... ..... ............ ................................ ....... 8 3.2 Membership. ...................... ..........................................................................,.. 8 3.3 Membership is At>nurtenant to Unit. ..............................................................8 3.4 Transfer. .......... ...... ............. ...... ..... ............................ ...................................... 8 3.5 Voting ......,............ .......... ...... ... ........ ............................................................. 8 3.6 Joint Owner Disnute. .................................................................. .................... 9 3.7 Initial Board of Directors. .......................................... ........ .............. ....... ........ 9 3.8 Election of Board of Directors. ......................................... ........ ........ ..... ......... 9 3.9 Meetings.. ................. .................................................... .............. ..................... 9 3.9.1 Place of Meetings............ ................................ .................................. 9 3.9.2 Time of Meetings. ........ ........ .................................... ......................... 9 3.9.3 Notice of Meetings. ........... .............................................. ........ ........ 10 ARTICLE IV MANAGEMENT, DUTIES AND POWERS OF ASSOCIATION......................... 10 4.1 Management of the Proiect. .......................................................................... 10 4.2 Powers and Duties Generally. ......... .............................................................. 10 4.3 Powers and Duties. ........................................................................... ............ 10 4.3.1 Utilities................... ................... ...................................................... 10 4.3.2 Insurance. .................. .............. ........ .............. .................................. 10 4.3.3 Management Services. ............. ..... ................................... ............... 10 4.3.4 Materials. .................................................... ............ ........................ 10 4.3.5 Management Space. .................................................................,. ..... 11 4.3.6 Repairs: Maintenance: Reconstruction. .......................................... 11 4.3.7 Gardening and Landscaping. .......................................................... 11 4.3.8 Trash: Rubbish Collection. ............................................................. 11 4.3.9 Miscellaneous Services. ............. .......................................... ........... 11 4.3.10 Senior Housing Consulting Services. ............................................. 11 4.3.11 Legal and Accounting. .................................................................... 11 4.3.12 Fidelity Bonds. ........... ............ ..... ......... ....... .................................... 11 4.4 Additional Authoritv. ..... ............. ................................... ............................... 12 4.5 Delegation of Powers to Manager. ................................................ ..... ........... 12 4.6 Right of Entry. ............. ...... ............. ............ ......... ............. ............... ............. 12 4.7 Annual Audit......... ........ ........ ....... .... ....................................... ...................... 12 4.8 Financial Records and Accounts: Inspection................................................ 13 4.9 Sus-pension of Right. ...... ............. ......... ......... ......... ..............................,........ 13 4.10 Enforcement of Bonded Obligations. ........................................................... 13 4.11 Limitation on Liability of Officers and Directors. ........................................ 14 4.12 Indemnification. .... ............ ...... ....................... ....................................,......,... 14 4.13 Personal Pronerty of Association. ................................................................. 14 4.14 Non-Profit Character and Senior Housing Oualification. ............................. 15 ii ~_._._- 4.15 Association as Attornev-in-Fact for Owners. ...............................................15 4.16 Verification of Qualified Owners and Occupants.. ........ ............................... 15 4.17 Maintenance of Senior Facilities. ............................................................... 15 4.18 ADA Comt>liance.... ....... ...... .......... .... ........ ................................... ................ 16 ARTICLE V ASSESSMENTS........... ................ ............ .......... ...................................................... 16 5.1 Creation of the Lien and Personal Obligation of Assessments..................... 16 5.2 Purpose of Assessments. ................................................................... ....... ..... 16 5.3 Common Assessments. ............................... ........... ...... ................................. 16 5.3.1 Preparation of Annual Budget. ....................................................... 16 5.3.2 Limits for Increases of Common and Capital Assessments....................................................... 17 5.3.3 Required Notice of Assessment Increases. .................................... 17 5.4 Capital Assessments for Cat>ital Inlt>rovements or Extraordinary Expenses. ............................................................ 17 5.5 Reserve Contributions and Accounts............................................................ 17 5.6 Division of Assessments. .................................................................... .......... 18 5.7 Effect of Nonpayment of Assessments. ........................................................ 18 5.8 Transfer of Unit by Sale or Foreclosure. ...................................................... 18 5.9 Remedies. ............ ................ ......... ....... ........... ......... ....... ........... .................... 18 5.9.1 Payment Under Protest. .................................................................. 18 5.9.2 Enforcement. ............. ........................ ..... ............................. ...... ...... 19 5.9.3 Collection of Assessments ftom Tenants or Lessees. ..................... 19 5.10 St>eeial Assessments. ............................................................................ ....... 19 5.10.1 Dama2e to Common Area or Common Facilities........................... 19 5.10.2 Expenses Incurred in Gaining Member Compliance. ..................... 20 5.1 0.3 Chan2e of Occupancy. ............................................................... .....20 5.11 Levv of St>ecial Assessment and Payment.................................................... 20 ARTICLE VI MAINTENANCE RESPONSIBILITIES.......... ........................................ .............., 20 6.1 Common Area Maintenance. ........... ...... ........... ....................................... ..... 20 6.2 Owner Maintenance Responsibilities. .......................................................... 21 6.3 Recovery of Costs of Certain Repairs and Maintenance. ............................. 21 6.4 Coot>erative Maintenance Obli2ations. .................................................... ..... 21 ARTICLE VII USE RESTRICTIONS............. ................... ............................. .......... ........ ........ ....... 21 7.1 Obligation to Follow Use Restrictions,......................................................... 21 7.2 Senior/Single Family Residential Use. ......................................................... 22 7.3 Parking. ...... .............. ............ ..................................... .................................... 22 7.4 Uninsurable Use ofPropertv. .............................. ........................ .......,........,22 7.5 Pets. ............ .......,........,......... ....... .........................................................,........ 23 7.6 Nuisance. .................. ...................... ................ ............................................... 23 7.7 Signs......... ................................. ...... ................................... ........................... 23 111 7.8 Antennas and Satellite Dishes................... ................ ........................ ............ 23 7.9 Decks and Balconies. ...........................,................................................... ....23 7.10 Structural Inteszrity of Buildings. ............................................ ..... .......... ....... 24 7.11 Garbage Cans and Trash. ............ .... ................................. ................... ..........24 7.12 Fences. .............. ................ ......................... ........... .................. .... .................. 24 7.13 Exterior Clothes Lines. ...................................................................... ....... ....24 7.14 Power Equipment. ....... ...................... ......... ................................................... 24 7.15 Use of Common Area. .................................................................................. 24 7.16 Decoration of Units. ............................................ ........... .............................. 25 ARTICLE VIII ARCHITECTURAL CONTROL................................ ....... ...... ................................ 25 8.1 ImDrovements in General~ Establishment of Architectural Review Committee. ..................... 25 8.2 Improvement Defined. .. ...... ............ .... ........... ...... ......................................... 25 8.3 Appointment of Architectural Review Committee. ...................................... 25 8.4 Submission of Plans: Action by Committee. ...............................................26 8.5 Architectural Rules. .............. ........ ........... ..................................................... 26 8.6 Variances. ...... ........................................ ................. ... .................................... 26 8.7 Waiver....... ........... .................................... ..... ................................................ 27 8.8 Liability. ................ ........................... ..............,.............................................. 27 ARTICLE IX INSURANCE .............. .......................................................................... ................. 27 9.1 Insurance Covera2e. ... ..... ........... .................................................................. 27 9.1.1 Casualty........................ ............................... ............... ..................... 27 9.1.2 Liability... .... .................. ............ .................... ...... ............................ 27 9.1.3 Worker's Compensation. ......................................................... .......27 9.1.4 Directors Liability. '" .................... ............................... .................... 27 9.1.5 Other Insurance. .................... ..... ................. .................................... 27 9.2 Insurance Trustee. ..................... ........... .......... .............................................., 28 9.3 Waiver of Subrogation. ..........................,................... ... ................................ 28 9.4 No Duplicate Insurance Coverage. ............................................................... 28 9.5 Unit Owner Insurance Required. ..................................................................28 ARTICLE X DAMAGE OR DESTRUCTION.. .... .... ....................... .............................. ............... 29 10.1 Destruction: Proceeds Exceed 85% of Reconstruction Costs....................... 29 10.2 Destruction: Proceeds Less Than 85% of Reconstruction Costs. ................. 29 10.3 Apportionment of Assessments. ...... .............................................................29 10.4 Rebuildin2 Contract. ........................... .... ..... ............ ..... ................................ 29 10".5 Rebuilding Not Authorized... ....... .............................. .... ...... ......................... 30 10.6 Minor Repair and Reconstruction. ................................................................ 30 10.7 Revival of Right to Partition. ........................................................................30 IV --------.- ---.-..- ---"._- -- ARTICLE XI COND EMNA TION ................ .... .... .................. ....... ........ ..... .................................... 30 11.1 Sale by Unanimous Consent. ........................................................................ 30 11.2 Distribution of Proceeds of Sale. .................................................................. 31 11.3 Distribution of Condemnation Award. .........................................................31 11.4 Avpraisal if Condemnation Award Not Apportioned................................... 31 ARTICLE XII PROTECTION OF LENDERS; SALES AND TRANSFERS ................................. 31 12.1 Assessment Lien Subordinated. .................................................................... 31 12.2 Amendments to Declaration. ........................................................................31 12.3 Default bv Owner: Mort~gee Right to Vote. .............................................. 31 12.4 Breach. .... .... ....... ............... ....... .......... ..... ......... .......... ........................ ........... 32 12.5 Notification as to Mortgagees. ...................................................................... 32 12.6 Exchange of Infonnation. ....... .................... .... ......... .............. ..... .................. 32 12.7 Sale or Transfer. ...... ........... .............................. ............................................. 32 ARTICLE XIII CONDOMINIUM PLAN .............. ................................ ,.......................................... 33 13.1 Limited Reservation of Right to Vary Condominium Plan. .........................33 13.2 Special Power of Attorney. ...........................................................................33 ARTICLE XN OBLIGATION OF OWNERS ..................................................................................34 14.1 Mechanic's Liens. ... .............................. ..,........... .......................................... 34 14.2 Personal Iniury or Property Damage Sustained Within a Unit. .................... 34 14.3 Association Not Res1J<}nsible for Loss. .........................................................34 14.4 Notice of Danger. ......... ............... ................... .............................................. 34 14.5 Notification of Sale or Lease of Condominium. ........................................... 34 ARTICLE XV TAXES AND GOVERNMENTAL ASSESSMENTS .............................................35 15.1 Taxes Separately Assessed. .................................................. ........ ................ 35 15.2 Unallocated Taxes..... ....... ..... .... ............................ ...... ....... ........................... 35 ARTICLE XVI TERM OF D ECLARA TION ........ ........... ......... .......... ......................................... ..... 35 ARTICLE XVII AMENDMENTS................................................. ............... ..................... ................. 35 17.1 Amendment. ............. .... .......................... ..... ........ .............. ..... ....................... 35 17.2 Mortgagees.... ........................ ....... ................ ........................... ...................... 36 17.3 Amendment in Derogation of Obligation to Maintain Common Area. ...........................................................37 17.4 Consent of Real Estate Commissioner.......................................................... 37 v -------_...~- _.-,----- ~...._----- ---.- ARTICLE XVIII GENERAL PROVISIONS ................................... ................. ....... ............ .................. 37 18.1 Enfofcenlent. . ..... .................................................. ......................................... 37 18.2 Violations Constituting A Nuisance. ............................................................ 37 18.3 Cumulative ReInedies. .................................................. ..............................,. 37 18.4 No Waiver. ........................ .......... ..................... ................. ........................... 38 18.5 Severability. ...................... ........................................................... ................ 38 18.6 Construction. .......................... .......................... .......... ................................... 38 18.7 Singular Includes Plural. ........ ........................ ........ ..... .................................. 38 18.8 Conflict of Governine: Documents................ ...... .... ....... ............................... 38 SIGNATURE PAGE ............ .............. ...... ......... .............. ........................... ............... 38 vi ,--~-_._- - DECLARATION OF COVENANTS CONDITIONS & RESTRICTIONS CAMINO MERCADO SENIOR CONDOMINIUM OWNERS ASSOCIATION This Declaration of Covenants, Conditions, and Restrictions is made this _ day of , 2004, by Camino Mercado Partners, a California limited partnership ("Declarant") with reference to the following facts. A. Declarant is the Owner of that certain real property ("Property"), APN Number 007-771-072, located at 579 Camino Mercado, City of Arroyo Grande, County of San Luis Obispo, State of California, which is more particularly described as: Parcel A Parcel 1 of Parcel Map No. AG-87-35, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to Map recorded August 16, 1988 in Book 43, Page 86 of Parcel Maps, in the office of the County Recorder of said County. Parcel B A private drainage easement as granted and show across Parcel 2 of Parcel Map AG-87-35, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to Map recorded August 16, 1988 in Book 43, Page 86 of Parcel Maps, in the office of the County Recorder of said County. B. DECLARANT'S EXPRESS INTENT IS TO DEVELOP AND MAINTAIN THE PROJECT AS A SENIOR CITIZEN, AGE 55 AND OVER, HOUSING DEVELOPMENT IN COMPLIANCE WITH CALIFORNIA CIVIL CODE SECTION 51.3 AND ALL SUBSEQUENT AMENDMENTS THERETO. The Property shall consist of condominium estates comprised of Living Units, as defined below, and community facilities constructed to benefit those age 55 and over, including a senior center and other features designed to meet the physical and social needs of seniors, all constructed substantially in accordance with the Condominium Plan, Tract Map No. 04- 00 1, recorded on as instrument No. in the Official Record in the Office of the County Recorder, San Luis Obispo, California ("Condominium Plan") said planned senior development to be known as Camino Mercado Condominiums (the Property and improvements constructed thereon are referred to herein the "Project"). C. By this Declaration, subject to certain protective covenants, conditions, restrictions, reservations, grants of easements, rights-of way, liens and charges and equitable servitudes, all as stated herein, Declarant intends to establish a plan for 1 individual ownership of real property estates owned or occupied, as hereinafter set forth, by those persons age fifty-five (55) and over consisting of fee simple ownership of the area or space contained within each Living Unit and the co-ownership by the individual and separate Owners of such Units on a Lot as tenant in common of the Common Area (defined below) on the Lot on which a Living Unit is located, and with respect to each Unit, exclusive appurtenant easements for residential and other purposes in Common Area sUlTounding each Living Unit, and to provide for a non-profit association to manage and maintain the Project and the value, amenities, and senior housing qualifications under both federal and state law through management and the use of assessments collected from Members who shall be the respective Owners of the Condominiums in the Project. D. Declarant further intends to develop, sell and convey the residential Condominiums, subject to all the protections and limitations stated herein, in furtherance of a general plan for the subdivision, development, sale and use of the Property in furtherance of a plan of Condominium ownership as described in ~ 1351(e) of the California Civil Code and in a manner consistent with the provisions of the Davis-Stirling Common Interest Subdivision Act (California Civil Code ~1350, et seq.). The easements, covenants, restrictions and conditions set forth herein shall run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in the Property or any portion thereof, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS 1.1 "Architectural Review Committee" means and refers to a committee of not less than three nor more than five Members, at least two of whom shall be Board members, appointed by the Board of the Association with the duties, powers and purpose stated in Article VIII hereof. If the Board does not appoint such a committee, the Board shall serve as the committee. 1.2 "Articles" means the Articles of Incorporation of Camino Mercado Condominium Owners Association, to be filed in the Office of the California Secretary of State, as such Articles may be amended from time to time. 1.3 "Assessment" means and refers to and assessment, whether a Common Assessment, Capital Assessment or Special Assessment, levied, charged or assessed against an Owner and his or her Condominium in accordance with the provisions of this Declaration, and which shall become a debt of such Owner and deemed to have been "made" within the meaning of Section 1356 of the California Civil Code when such Assessment is entered upon the assessment role of the Association and notice thereof has been mailed to the Owner of the Condominium so assessed. 2 1.4 "Association" means and refers to Camino Mercado Senior Condominium Owners Association, to be fonned as a California nonprofit corporation (fonned pursuant to the Nonprofit Mutual Benefit Corporation Law of the State of California), its successors and assigns, whether by way of merger, consolidation or otherwise. The Association shall be an "Association" as defined in California Civil Code 9 1351(a). 1.5 "Association Rules" or "Rules and Regulations" means the rules, regulations and policies adopted by the Board of Directors of the Association, as the same may be in effect from time to time. 1.6 "Board of Directors" or "Board" means the Board of Directors of the Association. 1.7 "Bylaws" means the Bylaws of the Association, as such Bylaws may be amended from time to time. 1.8 "Capital Assessment" means and refers to an extraordinary Assessment duly made and levied by the Association against an Owner and his or her Condominium in any fiscal year, and applicable to that fiscal year only, for the purpose of defraying, in whole or in part, (i) the cost of any new construction, or unanticipated repair or replacement, of an improvement on the Common Area, including the necessary fixtures and personal property related thereto, or (ii) extraordinary landscaping, painting or similar maintenance on the Common Area to protect against or correct damage caused by mud slides, earth movement, brush fires or other such natural or accidental occurrences or events. 1.9 "CC&Rs" means these Covenants, Conditions and Restrictions as they may be amended from time to time. 1.10 "Common Area" means and refers to all portions of the Property not located within a Living Unit, as defined on the Condominium Plan. 1.11 "Common Assessment" means and refers to an Assessment duly made and levied by the Association against all Owners and their Condominiums to pay for the expenses related to the Common Area. 1.12 ''Condominium'' or "Unit" means and refers to a fee interest in a Living Unit coupled with an undivided fractional interest as tenants-in-common in the Common Area, the boundaries of which are as set forth in the Condominium Plan. 1.13 "Construction and Sales Period" means and refers to that period of time beginning with the development by Declarant of the Property and continuing until the sale and conveyance of all the Units developed by Declarant on the Property. 3 1.14 "Declarant" means Camino Mercado Partners Limited Partnership and its successors and assigns, if such successors and assigns should acquire all or any portion of the Property for the purposes of development or sale and are designated by Camino Mercado Partners Limited Partnership as the Declarant for purposes hereof by a duly record written instrument executed by Camino Mercado Partners. 1.15 "Declaration" means this instrument, as it may be amended from time to time. 1.16 "Exclusive Use Area" means and refers to those portions of the Common Area designated as such on the Condominium Plan and shall consist of decks, balconies, carports or reserved parking spaces, and storage areas. 1.17 "Governing Documents" means this Declaration, the Articles, Bylaws, Rules and Regulations and Architectural Guidelines if any are adopted, and all other policies or resolutions of the Board. 1.18 "Living Unit" means and refers to those portions of the Property shown and described as such on the recorded Condominium Plan covering the Property; provided, however, that the following are not part of the Living Unit: bearing walls, columns, floors, roofs, foundations, central heating, central refrigeration and central air conditioning equipment, reservoir tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the Living Unit. 1.19 "Manager" means and refers to any Person appointed or employed by the Association to manage and operate the affairs of the Association and to carry out the Association's responsibilities with respect to the Common Area (and other portions of the Property as to which, pursuant to the provisions of this Declaration, the Association shall have responsibilities. 1.20 "Member" mean and refers to an Owner who becomes a member of the Association upon purchase of a Living Unit with its associated tenants-in-common ownership of the Common Area as further defined in Article III, Section 3.2. 1.21 "Mortgage" means and refers to any security device encumbering all or any portions of the Project or any Condominium located therein and as used herein the term "Mortgage" shall include a deed of trust. 1.22 "Mortgagee" means and refers to the record owner of a beneficial interest under a Mortgage, including the beneficiary under a deed of trust. 1.23 "Owner" means and refers to the record owner, whether one or more persons or entities, of a Condominium, including contract sellers but excluding those having such interest merely as security for the perfonnance of an obligation. 4 1.24 "Person" means and refers to a natural person, corporation, partnership, association or finn and includes (except where the context otherwise requires) an Owner, the Association, each member of the Board, each of its officers, and Manager and any member of his or her staff, and any Mortgagee. 1.25 "Property" means and refers to that certain real property located in the County of San Luis Obispo, California, legally described above. 1.26 "Qualified Owner" or "Occupant" means a person who is age 55 or older, a permitted health care provider, or a "qualified permanent resident." A "qualified permanent resident" is someone who is 45 or older or a spouse or a cohabitant of a senior, or someone providing primary physical or economic support to the senior, and who has an ownership interest or expectation of ownership interest in the Living Unit. For the purposes of qualified occupant, children can visit for periods of up to 60 days, but may not reside in a Living Unit, unless they are "qualified pennanent residents." 1.27 "Senior Center" means and refers to the meeting and activity center designed for use of Qualified Owners or Occupants designated as Lot 61 on the existing Condominium Plan. 1.28 "Special Assessment" means and refers to an Assessment against a particular Owner and his or her Condominium duly made and levied by the Association as provided in Article V, Section 5.4, hereof. ARTICLE II PROPERTY RIGHTS 2.1 Property Subiect to Declaration. All of the Property, any facilities and improvements located within such Property and any occupancy thereof shall be subject to this Declaration. 2.2 Elements of Condominiwn. Ownership of each Condominiwn within the Property shall include a Living Unit; an undivided interest in the Common Area, as specified in the deed to each Owner; Exclusive Use Common Areas as designated in the Condominiwn Plan, including the right to use one reserved carport; a membership in the Association; and any exclusive or nonexclusive easement or easements appurtenant to such Condominiwn over the Common Area as described in the Governing Documents, the Condominiwn Plan and the deed to a Living Unit. 2.3 No Separate Conveyance. No Owner may sell, assign, lease or convey his or her (i) interest in the Common Area separate and apart nom a Living Unit; (ii) the interest in any Exclusive Use Area separate and apart nom an interest in the Common Area and the Living Unit; or (Hi) the Living Unit separate and apart nom Exclusive Use Areas. 5 ---, 2.4 Nonexclusive Easements. Each Member shall have a nonexclusive easement for use and enjoyment of the Common Area and for ingress, egress, and support over and through the Common Area. These easements shall be appurtenant to, and shall pass with the title to, each Unit and shall be subordinate to the exclusive easements granted elsewhere in this Declaration, as well as the following: 2.4.1 The right of the Association to charge reasonable rental fees for the use of the facilities in the Senior Center; 2.4.2 The right of the Association to adopt Rules and Regulations regulating time and manner of use of the Common Area and the Senior Center; 2.4.3 The right of the Association to grant licenses or easements to Owners over nominal portions of the Common Area having a value of less than 5% of the Association's annual budgeted expenses for purposes not inconsistent with this Declaration, provided such use does not unreasonably interfere with other Owner's use and enjoyment of the Common Area; 2.4.4 The right of the Association to dedicate or transfer all or any part of the Common Area, the Senior Center to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Association, upon approval of at least sixty-seven percent (67%) of the Members, and provided appropriate senior service facilities are maintained for the benefit of the Property. 2.5 Partition Prohibited. The Common Areas shall remain undivided as set forth above. Except as provided by California Civil Code ~1359 or authorized under this Declaration, no Owner shall bring any action for partition of the Common Areas, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Condominium owned by two (2) or more persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Condominium is prohibited. 2.6 Encroachment Easements. Each Owner is hereby declared to have an easement over all adjoining Property and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting of the building, or any other similar cause. There shall be easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachments, settlement or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. 2.7 Delegation of Use. Except as limited by Rilles and Regulations adopted by the Association and California law regarding use of age fifty-five (55) and older housing, any Owner may delegate his or her rights of use and enjoyment of the Property, including the Senior Center, to the members of his or her family, his or her guests and tenants, and to 6 such other persons as may be permitted by the Bylaws and the Association Rules. However, if an Owner has sold his or her Unit to a contract purchaser or has leased or rented it to a Qualified Occupant (tenants), the Owner, members of the Owner's family, and guests shall not be entitled to use and enjoy any of such rights while the Owner's Unit is occupied by the contract purchaser or tenant. Instead, the contract purchaser, or tenant, while occupying such Unit, shall be entitled to use and enjoy such rights, including the facilities, and can delegate the rights of use and enjoyment in the same manner. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of Owners. No such delegation shall relieve an Owner from liability to the Association or to other Owners for payment of Assessments or performance of the covenants, conditions and restrictions contained in this Declaration. 2.8 Lease Must Require Confonnance to Governing Documents. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or contract purchaser of a Unit shall require compliance by the tenant or contract purchaser with all of the covenants, conditions and restrictions contained in this Declaration, including, without exception, the age limitations set forth herein, which provisions shall be for the express benefit of the Association and each Owner. The Association and each Owner shall have a right of action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such right of action exists against such Owner. Any lease shall specify that failure to abide by such provisions shall be a default under the agreement. Any lease executed by an owner shall be deemed to include a provision that the tenant recognizes the Association as the landlord for the purposes of filing an unlawful detainer action as a method of enforcing the restrictions contained in this Declaration. The Association shall have standing to initiate legal action, including an eviction lawsuit under Code of Civil Procedure ~1159, et seq., to evict tenants or lessees that the Association deems not to be a Qualified Owners or Occupants or to be chronically in violation of the Governing Documents. Before declaring a tenant or lessee to be a chronic violator of the Governing Documents, the Association shall conduct a hearing using the same procedure required before taking disciplinary action against an Owner. If the Association detennines that the tenant or lessee is a chronic violator of the Governing Documents after notice and an opportunity to be heard, the Association may, in its discretion, file an unlawful eviction in the appropriate court. The Association is empowered to bring an unlawful detainer action on the Owner's behalf, naming the Owner as plaintiff in the action. 2.9 Minimum Lease Tenn. No Property shall be leased or rented for less than a thirty (30) day period. 2.10 Declarant's Construction and Sales Rights. Notwithstanding any other provision of this Declaration, during the Construction and Sales Period, Declarant shall have the right to use and access, including all easement rights associated therewith, the Common Area as necessary to complete construction of the Project according to the Condominium Plan, regardless of whether Delcarant is Owner of any Lot in the Project. Additionally, during such period, Declarant shall be entitled to use the Common Area for reasonable 7 marketing and sales activities related to the sale and promotion of Units and Project until the last Living Unit owned by it is sold. ARTICLE III ASSOCIATION 3.1 Existence. Declarant shall cause to be formed the Association which, acting alone or through its Board, officers, Manager, or any duly authorized agent or representative, shall constitute the "management body" within the meaning of Section 1355 of the California Civil Code. 3.2 Membership. Each Qualified Purchaser (including Declarant as to any unsold or retained Condominium) shall automatically, upon becoming an Owner of a Condominium, become a Member of the Association and shall remain a Member thereof until he or she ceases to be an Owner. Membership shall not include persons or entities that hold such an interest in a Condominium merely as security for the performance of an obligation. 3.3 Membership is Appurtenant to Unit. The membership of each Owner in the Association is for the benefit of, and appurtenant to, the Condominium to which it relates, and consequently, membership may not be separated from the ownership of such Condominium. 3.4 Transfer. An Owner shall not transfer, pledge or alienate in any way his or her membership in the Association, except upon the sale of the Condominium to which it is appurtenant and then only to a Person whose use or ownership is consistent with the age restrictions specified herein. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. In the event an Owner should fail or refuse to transfer the membership registered in his or her name to the purchaser of the Condominium to which it is appurtenant, the Association shall have the right to record the transfer upon the books of the Association and shall issue a new certificate to the Qualified Purchaser and thereupon the old certificate outstanding in the name of the sener shall be null and void as though the same had been surrendered. 3.5 Voting. The Association shall have two classes of voting membership: Class A and Class B. Class A Members shall be all Members with the exception of Declarant, and shall be entitled to one (1) vote for each membership interest. When more than one Person holds the requisite interest in a Condominium for membership, all such Persons together shall possess one (1) membership interest, are considered one (1) Member, and shall be entitled to cast one (1) vote as they among themselves shall determine. Declarant shall be the only Class B Member and shall be entitled to three (3) votes for each Condominium owned in the Project, provided, however, that upon the happening of the first of either of the following, the Class B Member shall thereafter only be entitled to one (1) vote for each Condominium owned: (1) When the total votes outstanding in Class A Members who own Condominiums in the Project equal the total votes outstanding in the Class B Member by virtue of its ownership of Condominiums in the Project, or (2) on 8 a date three (3) years trom the date of the issuance of the last final subdivision public report to be issued by the California Commissioner of Real Estate with respect to the Property. 3.6 Joint Owner Dispute. The vote for each Condominium may be cast only as a unit and tractional votes shall not be allowed. In the event that more than one Person owns a Condominium and they are unable to agree among themselves as to how their vote shall be cast, they shall lose their right to vote on the matter in question. If any Owner casts a vote representing a certain Condominium, it will thereafter be conclusively presumed for all purposes that he or she was acting with the authority and consent of all other Owners of the same Condominium. In the event more than one vote is cast for a particular Condominium, none of said votes shall be counted and all of said votes shall be deemed void. 3.7 Initial Board of Directors. The initial Board of Directors shall be those Persons designated and appointed upon fonnation of the Association. 3.8 Election of Board of Directors. At the time of the first annual meeting of the Association and at each annual meeting thereafter, the Members thereof (including Declarant with respect to any unsold or retained Condominium) shall elect, in accordance with the Bylaws, a Board of Directors replacing the initial Board of Directors. In any such election, those persons, duly nominated and qualified to serve, receiving the greatest number of votes shall be elected. However, notwithstanding the above, in any election of the Board of Directors, in which both Class A Members and the Class B Member vote, if the person receiving the greatest number of votes from Class A Members does not receive sufficient votes to be elected to the Board of Directors after taking into account the votes of the Class B Member, he or she shall nevertheless be deemed elected in place of the Person receiving the highest total vote necessary to ensure that at all times from and after the first annual meeting of the Association, the Class A Members shall be entitled to have at least one representative on the Board of Directors. 3.9 Meetin~s. 3.9.1 Place of Meetings. Meetings of the Association shall be held at a suitable location on the Project, or such other suitable place convenient to the Members as may be designated by the Board; provided, however, that all meetings shall be held within the Project in a location providing handicapped access and disability accommodation. 3.9.2 Time of Meetings. The first annual meeting of the Association shall be held within six (6) months following the close ofthe first escrow to close for the sale of a Condominium on the Property. Thereafter, the Association shall hold annual and special meetings at such times as shall be designated by the Bylaws, and shall conduct at such meetings such business as shall be provided for in the Bylaws. 9 3.9.3 Notice of Meetings. Declarant shal1 call the first annual meeting and give notice thereof in the manner set forth in the Bylaws. Thereafter annual and special meetings of the Association shall be called, noticed and held as provided in the Bylaws. ARTICLE IV MANAGEMENT, DUTIES AND POWERS OF ASSOCIATION 4.1 Management of the Proiect. The management and control of the Project shall be the responsibility of the Association, acting alone or through its Board, its officers, Manager, or other duly authorized representatives or agents, in accordance with the provisions of the Governing Documents and amendments, changes and modifications thereto as may come into effect from time to time. Such management and control shall be transferred from Declarant to the Association with respect to the Project upon commencement of the first common assessment for the Owners of Units. 4.2 Powers and Duties Generally. In addition to the powers of Assessment, collection and enforcement set forth in Article V, the Association may exercise any and all rights and powers hereinafter enumerated together with any and all rights and powers which are necessary or proper to maintain and keep the Project qualified as a senior housing community and in first-class condition and in a good state of repair, to enforce any of the provisions of this Declaration, the Bylaws or the Rules and Regulations duly adopted by the Board, and to carry out and perform its powers and responsibilities. 4.3 Powers and Duties. The Association shall provide, perform, cause to be performed, maintain, acquire, contract and/or pay for out of assessments for the Common Area al1 or any of the fol1owing: 4.3.1 Utilities. Water, sewer, electrical, gas, and other necessary utility services for those portions of the Common Area maintained by the Association 4.3.2 Insurance. Such policies of causality, liability and other insurance covering such Persons, property and risks as are more particularly set forth in Article IX hereof. 4.3.3 Management Services. The services of a part-time or full-time Manager, together with the services of such other persons as the Board shall from time to time determine to be necessary or proper to the daily management, operation and maintenance of the Project; provided that no contract for such services shall be made and entered into which binds the Association for a period in excess of one (1) year, except with the Approval by vote of a majority of the Members (not including Declarant) eligible to vote. 4.3.4 Materials. All supplies and materials necessary or proper to the daily management, operation, and maintenance of the Project; provided, however, that no contract for such supplies and materials shall be made and entered into which binds the 10 association for a period in excess of one (1) year, except with the Approval by vote of the majority of the Members (not including Declarant) eligible to vote. 4.3.5 Management Space. All costs associated with the operation of those portions of the Common Area used by the Manager and other persons as are employed by the Association to provide for the daily operation and maintenance ofthe Project. 4.3.6 R~airs: Maintenance: Reconstruction. Arrangements for cleaning, painting, maintenance, repairs, reconstruction and replacement of and to all or any portion of the Project or the personal property which is required to be cleaned, painted, maintained, repaired, reconstructed or r~laced by the Association. 4.3.7 Gardeninsz and Landscaping. The services of a gardener to maintain, renew and replace all or any portion ofIandscaped areas, together with all tools, supplies, plants and equipment reasonably necessary for such purpose. 4.3.8 Trash: Rubbish Collection. The services of a trash, rubbish and garbage collection company or agency, whether public or private, for the purpose of promptly, regularly and efficiently collecting from designated areas within the Project and removing from the Project all trash, rubbish, garbage, and refuse. 4.3.9 Miscellaneous Services. Such other services for the use, enjoyment and protection of the Project and the residents thereof as the Association may determine from time to time are responsible, proper or desirable. 4.3.10 Senior Housing Consulting Services. Consulting services and fees for the Association, its Board, officer and agents to ensure the Project meets the physical and social needs of its Owners, to engage in age verification services of Owners and occupants, and otherwise ensure the Association complies with rules issued by the D~artment of Housing and Urban Development regarding verification of age qualification of Owners and occupants through reliable surveys and affidavits. 4.3 .11 Le1.!al and Accountin~. Legal and accounting services and fees for the Association, its Board, officers and agents, provided that said services and fees are inCUITed solely in connection with (i) the management, operation and maintenance of the Project, (ii) the perfonnance or enforcement (including the collection or Assessments) of the provisions of this Declaration, the Articles, or the Bylaws, (iii) a protest or litigation to contest local real estate taxes levied against a majority of the Condominiums, or (iv) litigation arising out of the condemnation of aU or any portion of the Common Area. 4.3.12 Fidelity Bonds. Such fidelity bond or bonds naming the Board or the Association, its officers, Members, the Manager, agents and/or such other person or Persons as may be designated by the Association as principals with the Association (as trustee) as the obligee. 11 4.4 Additional Authority. The Association, acting though its Board, officers or other duly authorized representatives, or agents, shall have authority to: 4.4.1 Establish and publish unifonn Rules and Regulations as may be deemed by them to be reasonable in connection with the use, occupancy and maintenance of the Project and to alter, amend or modify such rules and regulations from time to time. A copy of such Rules and Regulations shall be distributed to each Owner; and posted in a conspicuous place near the Senior Center in sufficient fonn to enable those of limited sight to access them. Such Rules and Regulations, and any amendment or revision thereof, shall be binding upon each Owner, and the family members, tenants, social guests, employees, servants, agents and invitees of an Owner, forty-eight (48) hours following such posting and distribution. 4.5 Delegation of Powers to Manager. The Association of the Board may delegate any of its duties, powers, of functions to any qualified Person employed as a part-time or full-time Manager of the Project. The Manager may further be authorized to file any notice and take any legal action on behalf of the Owners which filings or the taking of such action is within the authority of the Association or the Board. Neither the Association, nor the members of its Board, nor its officers shall be liable for any omission or improper exercise by the Manager or his or her staff of any such duty, power, or function so delegated. 4.6 Right of Entry. The Manager or anyone or more qualified Persons designated by the Association or the Manager shall have the right and authority to enter upon and within any Unit, in the presence of the Owner thereof where reasonably possible, for the purpose of making emergency repairs therein; performing necessary maintenance or repairs to portions of the Common Area; abating any nuisance, or any dangerous, unauthorized, prohibited or unlawful activity being conducted or maintained in such Unit; protecting the property rights and welfare of the other Owners; or for any other purpose reasonably related to the perfonnance by the Association or the Manager of their responsibilities under the tenns of this Declaration as the same may from time to time be amended or modified by the Association. Such right of entry shall be exercised in such a manner as to avoid any unreasonable or unnecessary interference with the possession, use and/or enjoyment of the Owner or occupant of such Unit and shall be preceded by reasonable notice to the Owner or occupant thereof wherever the circumstances pennit. Any damages to a Unit or to the furniture, furnishings decorations or improvements contained therein resulting from the exercise of such right of entry shall be repaired. 4.7 Annual Audit. The Board or the officers of the Association or an independent certified public accountant appointed by the Board shall regularly prepare the Association's accounts, and prepare and certify balance sheets and operating (income) statements to be distributed to the Members as follows: (a) Within sixty (60) days of the last day of the month closest in time to six (6) months from the date of the close of escrow for the first sale of a Unit on the Property; the Board shall prepare and distribute, or cause to be prepared and distributed, a balance sheet as of said date and an operating statement which shall include a schedule of Assessments received or receivable itemized 12 by Unit number, Lot and the name of the Person or entity assessed; (b) Within sixty (60) days of the last day of the Association's fiscal year, the Board shall prepare and distribute, or cause to be prepared and distributed, a balance sheet as of said date and an operating statement for said fiscal year. 4.8 Financial Records and Accounts: Inspection. The Secretary and Treasurer, and/or such other officers of the Association as may from time to time be designated by the Board, shall keep or cause to be kept detailed records of the actions of the Board, the officers of the Association, and its agents, minutes of the meetings of the Board, officers and Owners and financial records and books of account of the Association, including a chronological listing of all receipts and expenditures of common funds, as well as a separate schedule of Assessments received or receivable for each Common Assessment, Capital Assessment and Special Assessment levied or charged against each Condominium or the Owner thereof, the dates when so assessed and when the same is due. the amounts paid thereon and the balance, if any, of any Assessment remaining unpaid. Said books and records may be inspected or audited by Owner or his or her duly authorized representatives at the Owner's sole expense at all reasonable times. 4.9 Suspension of Right. The Board of Directors of the Association shall have the right to suspend the voting rights and rights to use the Senior Center by any Member and his or her family, tenants, social guests or invitees, for any period during which an Assessment against his or her Condominium is delinquent, and for a period not to exceed thirty (30) days for each single infraction of the Rules and Regulations of the Association committed by such Member or the Member's family, tenants. social guests or invitees, provided that any suspension of such voting rights or right to use said Senior Center, except for failure to pay Assessments, shall be made by the Board only after a hearing had after at least three (3) days' written notice thereof to such Member at which the Member shall be given the opportunity to appear and the Member shall be accorded the right to appeal within fifteen (15) days the Board's decision (if adverse to such Member) to the entire membership of the Association at a special meeting duly noticed and held. A majority of the Members present at such meeting shall have the power to detennine whether such Member has violated the Rules and Regulations and whether the Board's decision to suspend voting and/or use rights shall become effective, subject to such modification as the Members may, in their discretion, impose, but in no event shall any suspension of voting and/or use rights for any infraction of the Rules and Regulations be for a period in excess of thirty (30) days. In addition, in no event shall any suspension of voting and/or use rights relieve any Member of the duty to pay Assessments such Member may be obliged to pay as an Owner. 4.10 Enforcement of Bonded Obligations. The Board shall have the right to enforce the obligation of the Declarant under any bond or other arrangement naming the Association as obligee, which may be procured to secure the perfonnance of the commitment of the Declarant to complete any and all improvements to the Common Area including the Senior Center (the "Completion Bond"). In the event (i) a Notice of Completion has not been filed within sixty (60) days after the completion date specified in construction statement appended to a Completion Bond with respect to any improvement covered 13 thereby or (ii) a Notice of Completion has not been filed within thirty (30) days after the expiration of any extension period the Board may be have granted in writing for the completion by Declarant of any improvement covered by a Completion Bond, then the Board shall within ten (10) days thereafter at a special meeting duly noticed and held vote on the question of whether to initiate action to enforce the obligations of Declarant under the Completion Bond with respect to any improvement for which a Notice of Completion has not been filed as provided above. Notwithstanding the above, the Members of the Association shall have the right to appeal the Board's decision, or to consider and vote on the question of enforcing the obligations under a Completion Bond in the event of the Board's failure to do so, at a special meeting of the Members of the Association duly called and held not less than fifteen (15) nor more than thirty (30) days after receipt by the Board of the written request for such a special meeting signed by Members representing at least ten percent (10%) of the total voting power of the Association. The vote of a majority of the Class A Members of the Association to take action to enforce the obligations under a Completion Bond shall be deemed to be the decision of the Association, and the Board shall thereafter initiate and pursue the appropriate action in the name of the Association. 4.11 Limitation on Liability of Officers and Directors. No director, officer, committee member, employee, or other agent of the Association, shall be liable to any Owner or any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of any such person if such person has acted in good faith and in a manner such person reasonably believed to be in the best interests of the Association, pursuant to California Corporations Code ~ 7231 and California Civil Code ~ 1365.7. 4.12 Indemnification. The Association shall and does hereby indemnify the Board (and each member thereot), the officers of the Association (and each of them), the Manger and each member of his or her staff, and each of the agents or employees of the Association or the Board, against all expenses and liabilities, including attorneys' fees, reasonably incurred by such Person or Persons in connection with any proceeding to which he or she may be a party, by reason of his or her being or having been a director, officer, Manager, or a member of his or her staff, or agent or employee of the Association, except in such cases where he is guilty of fraud, gross negligence, or bad faith in the performance of his or her duties. The indemnification authorized by this Section shall include payment of (i) reasonable attorneys' fees or other expenses incurred in settling any claim or threatened action or incurred in any finally adjudicated legal proceeding; and (ii) expenses incurred in the removal of any liens affecting any property of the indemnitee. Indemnification shall be made from assets of the Association, and no Owner shall be personally liable to any indemnitee. This Section shall inure to the benefit of Declarant, the Association, the members of the Board, the employees and agents of Declarant and the Association, and their respective heirs, executors, administrators, successors and assigns. 4.13 Personal Property of Association. The Association may acquire and hold tangible and intangible personal property and may dispose of the same by sale or otherwise. 14 4.14 Non-Profit Character and Senior Housing Qualification. Notwithstanding anything contained in this Declaration to the contrary, the Association, its Board, officers, or agents may not do, conduct or engage in any activity, or cause the same to be done, which may jeopardize the non-profit character of the Association or jeopardize its qualification as senior housing. 4.15 Association as Attorney-in-Fact for Owners. The Association is hereby irrevocably appointed attorney-in-fact for the Owners of each and every Condominium to manage, control and deal with the interest of such Owners in the Common Area so as to pennit the Association to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder, to deal with and handle insurance and insurance proceeds and condemnation awards as hereinafter provided. The acceptance by any Person or entity of any interest in any Condominium shall constitute an appointment to the Association as an attorney-in-fact as provided herein. 4.16 Verification of Oualified Owners and Occupants. The Association shall, or shall contract with a Person to, perform verification procedures to ensure that the Project complies with state and federal law regarding maintenance of senior housing facilities. Such verification shall include, without limitation, verification of occupancy and age of Owners and occupants through reliable surveys and affidavits. The Association shall develop a procedure through its Rules and Regulations for regularly determining the ages of residents and ensuring that at least on occupant is a least age fifty (55) years or older. Verification procedures shall be done each time a Unit is transferred, leased or sold and ages of owners occupants shall be re-verified at least every two years. 4.17 Maintenance of Senior Facilities. The Association shall ensure through Rules and Regulations, the management and the Assessment process that the Project shall comply with all law requiring that the Project be designed to meet the physical and social needs of the Owners by providing Common Area improvements and maintenance of same such as: 4.17.1 Entryways, walkways, and hallways in the Common Area, and doorways and paths of access to and within the Living Units, shall be as wide as required by current laws applicable to new multifamily housing construction providing access to Persons using a standard-width wheelchair. 4.17.2 Walkways and hallways in the Common Area shall be equipped with standard height railings or grab bars to assist Persons who have difficulty with walking. 4.17.3 Walkways and hallways in the Common Area shall have lighting conditions, which are of sufficient brightness to assist Persons who have difficulty seeing. 4.17.4 Access to all the Common Area and Living Units shall be provided without mandatory use of stairs, such as by elevator or sloped walking ramps. 15 4.17.5 Rules and Regulations regarding the Senior Center shall be adopted to encourage social contact among the Members. 4.18 ADA Compliance. In all regards, the Project shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 V.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations which relate to access for persons with disabilities or handicaps. ARTICLE V ASSESSMENTS 5.1 Creation of the Lien and Personal Obli2ation of Assessments. Each Owner of any Condominium by acceptance of a deed therefor, whether it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (I) Common Assessments or charges, (2) Capital Assessments for purposes pennitted herein, and (3) Special Assessments, to be established and collected as provided herein and pursuant to California law. Common, Capital and Special Assessments charged for damage to the Common Area, together with late charges, interest, costs and attorneys' fees, shall be a charge on the Condominium and shall be a continuing lien upon same, which shall become effective upon recordation of a lien or notice of delinquent assessment. Each such Assessment together with late charges, interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Unit at the time when the Assessment was levied. No Member may exempt himselfftom liability for Assessments by waiver of the use or enjoyment of any of the Common Area or Senior Center or by the abandonment of the Living Unit. 5.2 Purpose of Assessments. The Assessments levied by the Association shall be used to promote the economic interest, recreation, health, safety, and welfare of all the Qualified Owners and Occupants in the entire Project and for the improvement and maintenance of the Common Area and those other portions of the Property for which the Association is responsible and for the common good of the Project. 5.3 Common Assessments. The Board of Directors shall detennine and fix the amount of Common Assessments against each Unit in accordance with the procedures described below. 5.3.1 Preparation of Annual Budg;et. Not less than forty-five (45) nor more than sixty (60) days prior to the beginning of the Association's fiscal year, the Board shall estimate the total amount required to fund the Association's anticipated common expenses for the next succeeding fiscal year (including additions to any reserve fund established to defray the costs of future repairs, replacement or additions to the common facilities) by preparing and distributing to all Association Members a budget. If the Board 16 fails to distribute the budget for any fiscal year within the time period provided for in this Section or as provided by law, the Board shall not be permitted to increase regular assessments for that fiscal year unless the Board first obtains the approval of Owners, constituting a quorum, casting a majority of the votes at a meeting or election of the Association. 5.3.2 Limits for Increases of Common and Capital Assessments. The Board of Directors of the Association may not impose a Common Assessment that is more than twenty percent (20%) greater than the Common Assessment for the Association's prior fiscal year or impose Capital Assessments which in aggregate exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without the approval of Owners casting a majority of the votes at a meeting or election of the Association at which a quorum is present. This Section does not limit Assessment increases necessary for emergency situations. For purposes of this Section, an emergency situation is anyone of the following: 5.3.2.1 An extraordinary expense required by an order of a court. 5.3.2.2 An extraordinary expense necessary to repair or maintain the Common Area for which the Association is responsible where a threat to personal safety is discovered. 5.3.2.3 An extraordinary expense necessary to repair or maintain the Common Area that could not have been reasonably foreseen by the Board in preparing and distributing the current year's operating budget. 5.3.3 Required Notice of Assessment Increases. Whenever there is an increase in Common or Capital Assessments of the Association, all Members shall be notified by first-class mail, not less than thirty (30) nor more than sixty (60) days prior to the increased Assessment becoming due. 5.4 Capital Assessments for Cat>ital Improvements or Extraordinary Expenses. The Board may levy, in any Assessment year, a Capital Assessment applicable to that year only, for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, or for extraordinary expenses incurred by the Association, provided that in the event Capital Assessments exceed in the aggregate five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, the vote or written consent of a majority of those voting of the Association where a quorum is represented shall be required. 5.5 Reserve Contributions and Accounts, As part of the Common Assessments for maintenance authorized above, the Board shall annually fix the amount to be contributed pro-rata by each Member to reserve funds for the purpose of defraying, in whole or in part, the cost or estimated cost of any reconstruction, repair or replacement of improvements, including fixtures and personal property related thereto. Such 17 determination shall be made after consideration of the need for additional funds and of the Association's capital position. The Board shall maintain a separate account for those funds. The Board shall fix the method of payment of such Assessments and shall be empowered to permit either lump sum or monthly payments. Separate records shall be maintained for all funds deposited to the said account, which shall be designated as a reserve account. 5.6 Division of Assessments. Common and Capital Assessments shall be charged to and divided among the Members equally. 5.7 Effect of Nonpayment of Assessments. Assessments are delinquent fifteen (15) days after they become due. A late charge not exceeding ten percent (10%) of the delinquent Assessment or ten dollars ($10), whichever is greater shall be imposed upon any delinquent payment. Interest on delinquent Assessments and late charges shall be imposed at an annual percentage rate of twelve percent (12%) interest commencing thirty (30) days after the Assessments become due. Late charges and interest on past due amounts may be modified by the Board in accordance with any changes permitted by state law. The Association shall also be entitled to charge attorneys' fees and costs in the collection of delinquent assessments, as provided by law. 5.8 Transfer of Unit bv Sale or Foreclosure. Sale or transfer of any Unit shall not affect the Assessment lien. However, the sale of any Unit pursuant to Mortgage foreclosure of a first Mortgage shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer (except for Assessment liens recorded prior to the Mortgage). No sale or transfer shall relieve such Unit from liability for any Assessments thereafter becoming due or from the lien thereof. 5.9 Remedies. If any Common or Capital Assessment is delinquent, before recording a lien, the Association shall send a Owner a notice in writing by certified mail of the fee and penalty procedures of the Association for collection of Assessments, provide an itemized statement of the charged owed, including principal, late charges and the method of calculation, any attorneys' fees and collection practices used by the Association, pursuant to Civil Code ~1367.I(a). If an Owner fails to pay the amounts set forth in the pre-lien letter within thirty (30) days of the date of the letter, the Association or its agent may record a lien for the amount of any delinquent Assessments, late charges, interest and/or cost of collection, including attorneys' fees, against the Condominium of the delinquent Owner, which shall be subordinate to the lien of any first Mortgage or first deed of trust upon any Condominium. The Owner shall be charged for fees and costs of preparing and recording the lien. The lien shall be recorded in accordance with the requirements of Civil Code ~1367. Any officer of the Association or any agent designated by the Association shall sign the lien. A copy of the lien shall be mailed to all record Owners no later than ten (10) calendar days after recordation. 5.9.1 Payment Under Protest. If an Owner, within thirty (30) days from the date of recordation of the lien, pays to the Association, under protest, all amounts required by Civil Code Section 1366.3 (the amount of assessments, late charges, interest, all fees and 18 costs to date of preparing and filing the lien, including attorneys' fees, not to exceed the statutory allowance), the Owner may request resolution of the assessment dispute by Alternative Dispute Resolution as outlined in Civil Code Section 1354, by civil action, or by other procedures available through the Association. 5.9.2 Enforcement. An Assessment lien may be enforced in any manner pennitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent Assessment, or sale by a trustee substituted pursuant to California Civil Code ~2934(a). Any sale shall be conducted in accordance with the provisions of ~~ 2924, 2924(b), 2924(c), 2924(t), 2924(g) and 2924(h) of the California Civil Code, or any successor statutes thereto, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner pennitted by law. Nothing herein shall preclude the Association from bringing an action directly against an Owner for breach of the personal obligation to pay Assessments. The Association, acting on behalf of the Owners, shall have the power to bid for the Condominium at foreclosure sale, and to acquire and hold, lease, Mortgage, and convey the same. 5.9.3 Collection of Assessments from Tenants or Lessees. In the event an Owner becomes delinquent in the payment of any assessment as described in this Article, the Association may adopt reasonable rules and procedures to collect the Assessment directly from any tenant or lessee that pays rent to the Owner. Upon notification to the lessee by the Association of the default, the lessee shall pay the monthly Assessments directly to the Association. Any Assessments paid by lessee to the Association shall be an offset against any rental obligations lessee owes to lessor under the lease. Also upon notification to the lessee by the Association of the default, the Assessment shall become a personal obligation of the lessee and may be collected by the same methods that may be utilized to collect delinquent assessments from an Owner. 5.10 S~cial Assessments. In addition to the Capital Assessments levied against all Owners in accordance with Section 5.4 above, the Board may impose Special Assessments against an Owner in any of the circumstances described below, provided that no Special Assessments may be imposed against an Owner until the Owner has been afforded notice and the opportunity for a hearing, and, if appropriate, has been given a reasonable opportunity to comply voluntarily with the Association's Governing Documents. Subject to the foregoing, the acts and circumstances giving rise to liability for Special Assessments include the following: 5.10.1 Damage to Common Area or Common Facilities. In the event that any damage to, or destruction of, any portion of the Common Area or the improvements located thereon, including any portion of the Unit which the Association is obligated to repair and maintain is caused by the willful misconduct or negligent act or omission of any Owner, any member of his or her family, or any of his or her tenants, guests, servants, employees, licensees or invitees, the Board shall cause the same to be repaired or replaced, and all costs and expenses incurred in connection therewith (to the extent not compensated by insurance proceeds) shall be assessed and charged solely to and against 19 such Owner as a Special Assessment. Such may be collected through lien and foreclosure pursuant to Civil Code ~ 1367(b). 5.10.2 Expenses Incurred in Gaining Member Compliance. In the event that the Association incurs any costs or expenses, to bring the Owner and/or his or her Condominium into compliance with any provision of the Governing Documents, the amount incurred by the Association (including reasonable fines and penalties duly imposed hereunder, title company fees, accounting fees, and reasonable attorneys' fees) shall be assessed and charged solely to and against such Owner as a Special Assessment. 5.10.3 Change of Occupancy. A change of occupancy charge may be assessed against each Condominium at the time escrow closes on the conveyance of title to such Condominium, if title is transferred, or as of the date a new tenant takes possession of the Unit, if the Unit is leased. The charge shall be for the purpose of covering the reasonable and necessary expenses incurred by the Association as a result of the change of ownership or possession of the Condominium, including verification of age qualification of intended occupant. The charge shall be in an amount to be reasonably determined from time to time by the Board. 5.11 Levy of Special Assessment and Payment. Once a Special Assessment has been levied against an Owner for any reason described, and subject to the conditions imposed in this Section 5.11, such Special Assessment shall be recorded on the Owner's account, notice thereof shall be mailed to the affected Owner and the Special Assessment shall thereafter be due as a separate debt of the Owner payable in full to the Association within thirty (30) days after the mailing of notice of the Assessment. Pursuant to Civil Code ~ 1367.1, Special Assessments for damage to the Common Area or Senior Center may be collected through the lien and foreclosure proceedings provided herein. ARTICLE VI MAINTENANCE RESPONSffiILITIES 6.1 Common Area Maintenance. The Association shall be solely responsible for all maintenance, repair, upkeep and replacement of the Common Area including, but not limited to: 6.1.1 The Senior Center and any other portion of the Common Area specifically designed to further the physical and social needs of Qualified Owners and Occupants as provided in Section 4.17. 6.1.2 The common parking areas, driveway areas and any private streets within the Common Area, which shall be resurfaced or patched on an annual basis or according to the maintenance schedule adopted by the Board setting forth the minimum standards of maintenance for such areas. 6.1.3 The landscaping located within the Common Area. 20 6.1.4 The storm drain and storm drainage system within the Common Area, including maintenance of all filters and drains, which shall be monitored and repaired or replaced as needed and as provided in the maintenance schedule adopted by the Board setting forth the minimum standards of maintenance for such the storm drain and associated syst~ but no less than annually. No person other than the Association or its duly authorized agents shall construct, reconstruct, refinis~ alter or maintain any improvement upon, or shall create any excavation or fill or change the natural or existing drainage of any portion of the Common Area and the Senior Center. In addition, no person shall remove or install any tree, shrub or other vegetation :&o~ or construct any improvement, or store any item upon the Common Area or the Senior Center without the prior written approval of the Association. 6.2 Owner Maintenance Responsibilities. Each Owner of a Living Unit shall be responsible for the maintenance and repair of the glass doors and windows enclosing his or her Living Unit, the exterior of his or her Living Unit and the interior of all other areas which he or she has the exclusive right to use, including any landscaping therein. Each Owner shall also be responsible for the maintenance and repair of the plumbing, electrical and heating systems servicing his or her Living Unit or any of his or her Exclusive Use Areas and located within or underneath the outside perimeter of the exterior bearing walls of said Living {Jnit, or Exclusive Use Areas, including television cable equipment and connections and all appliances and equipment located in said Living Unit and Exclusive Use Areas. 6.3 Recoverv of Costs of Certain Repairs and Maintenance. In the event that an Owner fails to perform maintenance functions for which he or she is responsible under Section 6.2, above, the Association may give written notice to the offending Owner with a request to correct the failure within fifteen (15) days after receipt thereof. If the Owner refuses or fails to perform any necessary repair or maintenance, the Association may exercise its rights under Article IV, Section 4.6, to enter the Owner's Unit and perform the repair or maintenance so long as the Owner has been given notice and the opportunity for a hearing. The cost of the repairs may be billed to the owner as a Special Assessment in accordance with Article V. 6.4 Cooperative Maintenance Obligations. To the extent necessary or desirable to accomplish the Association's maintenance obligations hereunder, Owners shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work. ARTICLE VII USE RESTRICTIONS 7.1 Obligation to Follow Use Restrictions. Each Owner of a Condominium shall be responsible for ensuring that the Owner's family, guests, tenants, contractors and all occupants of the Owner's Condominium comply with all provisions of this Declaration, 21 the Bylaws and the Rules and Regulations of the Association. In addition to any rights the Association may have against the Owner's family, guests, tenants or occupants, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or occupants. 7.2 Senior/Single Family Residential Use. To the maximum extent allowed by the laws of the state of California, each and every Living Unit shall be used and/or occupied by at least one person who is age fifty-five (55) or older and all occupants of an Living any Living Unit must be Qualified Owners or Occupants. Specifically, at least one (1) resident in each Living Unit must be fifty-five (55) years of age or older (senior) and every other resident (a qualified pennanent resident) must be at least forty-five (45) years of age or older, except for the spouse or cohabitant of the senior citizen or a person who resides with and provides the primary physical or economic support for the senior citizen, or a person who is a permitted health care resident within the meaning of California Civil Code Section 51.3(j). A person is a "cohabitant" of the senior if the person and the senior live together as husband and wife. If the senior dies, is hospitalized, or is absent from the complex for a prolonged period, or if the marriage between the senior and his or her spouse is dissolved, any qualified pennanent resident may continue to reside in the Living Unit previously occupied by the senior without regard to the age restrictions that applied to that person, provided that person otherwise has the legal right to continue to reside in the Living Unit. Nothing herein shall prohibit temporary residency by any person less than forty-five (45) years of age for specified periods not to exceed sixty (60) days in any twelve (12) month period. The Association is and shall be empowered to, and shall take the necessary steps to enforce this provision. The intent of this Section is to provide full compliance with California Civil Code Section 51.3 and all subsequent amendments thereto. 7.3 Parking. Carports and parking space areas as designated on the Condominium Plan are to be used for parking and storage of automotive passenger vehicles. Parking in designated fire lanes is prohibited. All fire lanes shall be posted and enforced through applicable Police and Fire Department rules and guidelines. Parking in locations designated handicapped parking shall be limited to individuals with a valid handicapped parking permit. Storage is not pennitted in the carports. No commercial truck, camper, trailer, boat, recreational vehicle, or other similar vehicles or related equipment may be parked within the Common Area, except temporarily for loading or unloading for no more than 24 hours, unless a longer time is permitted by the Board for extenuating circumstances. Such prohibited vehicles may be parked in the garages if such vehicles fit with the garage door closed. The Board shall have the right to make Rules and Regulations regarding parking of additional vehicles in the Common Area by Owners and residents, guest parking, enforcement such as towing, and other rules to control parking. 7.4 Uninsurable Use ofPropertv. No Living Unit nor any portion of the Common Area shall be occupied or used for any purpose or in any manner which shall cause improvements thereon to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California Standard Fire Policy fonn, or cause any policy or 22 policies representing such insurance to be canceled or suspended or the company issuing the same to refuse renewal thereof. 7.5 Pets. Pets, not exceeding two (2) usual and ordinary household pets (exclusive of aquarium fish), may be kept in any Living Unit provided that such pets shall not be allowed on the Common Area or in the Senior Center except as may be permitted by Rules and Regulations. Residents shall be responsible to clean up after their pet, and shall keep such pets on a leash while in the Common Area, by a person capable of controlling the pet. No pet may cause a nuisance or otherwise be aggressive towards or make unreasonable noise so as to disturb other residents. The Board reserves the right to have any such pets which violates these restrictions or additional rules adopted by the Board removed from the Property. 7.6 Nuisance. No Living Unit shall be used in such manner as to obstruct or interfere with the enjoyment of occupants of other Living Units or annoy them by unreasonable noise or otherwise~ nor shall any nuisance be committed or pennitted to occur in any Living Unit. 7.7 ~. No signs other than one (1) sign not to exceed reasonable and customary dimensions advertising a Condominium for sale or lease shall be erected or displayed in any Living Unit so that it is visible from outside the Living Unit. No signs shall be erected or displayed on the Common Area except those approved or authorized by the Board. 7.8 Antennas and Satellite Dishes. Owners shall be permitted to install satellite dishes of up to one meter in diameter within the boundaries of the Owner~s Unit~ or Exclusive Use Areas. No satellite dish shall be installed on or attached to the Common Area (i.e. roofs, sides of buildings, structural parts of railings of balconies), unless such Owner has received the prior written approval of the Board. The Board may adopt guidelines for preferred locations such dishes should be installed, and as to terms and conditions for installation~ if permitted~ on the Common Area. These rules shall be consistent with the Telecommunications Act of 1996 and any rules implemented by the Federal Communication Commission. These restrictions and the Association's rules are subject to change based on applicable federal and/or state law. 7.9 Decks and Balconies. Each Owner shall have the right to place furniture, potted plants and other items as pennitted by the rules adopted by the Board, upon the deck, balcony or patio which he or she has the exclusive right to use. Such items shall be installed with appropriate care so as to prevent premature deterioration of the decks, balconies and patios. Nothing herein contained shall give the Owner the right to paint, decorate, remodel, landscape or adorn, any deck or balcony or any other part or parcel of the Common Area without the written consent of the Architectural Review Committee or the Board. 23 7.10 Structural InteJUity of Buildings. Nothing shall be done in any Living Unit or in, on, or to, the Common Area that will impair the structural integrity of any building, or which would structurally change any building located therein. Nothing shall be altered or constructed in or removed from the Common Area, including protruding through or attaching fixtures to walls, ceilings or other parts of the buildings from the interior, except upon the prior written consent of the Board. 7.11 Garbage Cans and Trash. Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents. All equipment, garbage cans, wood piles or storage piles shall be kept screened and concealed from public view, including view of neighboring Living Units, streets and Common Area with landscaping or other appropriate screening materials. All trash enclosures shall be made of masonry or concrete with an exterior finish approved by the Architectural Review Committee. The trash enclosure area shall be large enough to accommodate recycling containers. Trash enclosures are reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc. shall not be placed within the enclosure. All rubbish, trash or garbage shall be regularly removed from each Living Unit and shall not be allowed to accumulate thereon or on the adjacent Common Area. 7.12 Fences. No fences, hedges or walls shall be erected or maintained upon the Common Area, except such as are installed in accordance with the initial construction of the buildings located on the Property or as authorized by the Board. 7.13 Exterior Clothes Lines. No exterior clotheslines shall be erected or maintained, and there shall be no outside drying or laundering of clothes on the balconies, decks, or patios so as to be visible from the Common Area. 7.14 Power Equipment. No power equipment, hobby shops or carpenter shops shall be maintained on the Property, except that tools or machinery normally associated with residential use and not used for business purposes may be used. However, such may not be used so as to unreasonably disturb surrounding residents. No automobile overhaul or maintenance work, other than emergency work, shall be pennitted on the Property. 7.15 Use of Common Area. The Common Area, except the buildings and those areas in which there exists an exclusive right to use in one of the Owners, shall be improved and used only for the following pwposes: 7.15.1 affording vehicular passage and pedestrian movement within the Property, including access to the Living Units; 7.15.2 recreational, community, and senior citizen use by the Owners and occupants of Living Units and their guests, subject to rules established by the Board; 7.15.3 beautification of and accessibility to the Common Area and providing privacy to the residents thereof through landscaping and such other means as the Board shall deem appropriate; 24 7.15.4 parking of automotive passenger vehicles in areas provided therefore, subject to Rules adopted by the Board. 7.16 Decoration of Units. Each Owner shall have the right, at his or her sole cost and expense, to maintain, repair, paint, paper, panel, plaster, tile and finish the interior surfaces of the ceilings, floors, window frames, door frames, trim and perimeter walls of the Living Unit and the surfaces of the bearing walls and partitions located within said Living Unit. Said Owners shall have the right to substitute new finished surfaces in place of those existing on said ceiling, floors and walls. ARTICLE VIII ARCHITECTURAL CONTROL 8.1 Imt>rovements in General; Establishment of Architectural Review Committee. No improvement (as defined in Section 8.2 below) of any kind shall be commenced, erected or maintained within the Property, nor shall any exterior addition to or change or alteration be made to the exterior of any Unit or Common Area until the plans and specifications showing the nature, color, kind, shape, height (including front, side and rear elevations), materials, and location of the same shall have been submitted to and approved in writing by the Association's Architectural Review Committee as to quality of workmanship and materials, hannony of external design and location in relation to surrounding structures, setback lines, topography, color scheme and finish grade elevation. 8.2 Improvement Defined. "Improvement" includes, without limitation, the construction, installation, alteration, or remodeling of any buildings, walls, decks, balconies, patios, patio covers, awnings, fences, swimming pools, spas, landscaping, landscape structures, skylights, solar heating equipment, antennas, utility lines, or any structure of any kind. In no event shall the tenn "Improvement" be interpreted to include projects which are restricted to the Unit interior and which do not involve the attachment to or alteration of the roof or any load bearing wall thereof. 8.3 Appointment of Architectural Review Committee. The Board of Directors may appoint an Architectural Review Committee composed of not less than three nor more than five Members, or the Board may act as the Committee. Committee Members appointed shall be from the membership of the Association. A majority of the Architectural Review Committee may designate a representative to act on its behalf. Members of the Committee shall serve for a tenn of one year, however, the Board shall have the right to remove and appoint Committee members at any time. In the event of the death or resignation of any Member of the Architectural Review Committee, a successor shall be appointed by the Board. Neither the Members of the Committee nor its designated representatives shall be entitled to any compensation for services perfonned pursuant hereto, other than reimbursement for actual expenses incurred by the Committee or any individual member thereof. 25 8.4 Submission of Plans: Action by Committee. Plans and specifications for the proposed Improvement shall be submitted to the Architectural Review Committee by personal delivery, regular mail or certified mail to the property manager's office, or directly to the secretary of the Association or the chainnan of the Architectural Review Committee. In the event the Committee fails to approve or disapprove such design and location within forty-five (45) days after said plans and specifications have been received by it, the date of which shall be detennined by the Committee, an Owner requesting said approval may submit a written notice to the Board advising them of the Committee's failure to so approve or disapprove. If the Committee still fails to approve or disapprove said plans, within thirty (30) days after the receipt of said notice ftom the Owner, said plans shall be deemed to have been approved. The Committee may place certain conditions of approval or requests for modification of particular aspects of the Owner's plan and specifications. 8.5 Architectural Rules. The Architectural Review Committee may, subject to review by the Board, ftom time to time adopt, amend and repeal Rules and Regulations to be known as "Architectural Rules" or "Guidelines". Said rules shall interpret and implement the provisions of this Declaration by setting forth the standards and procedures for the review and approval of proposed Improvements and guidelines for architectural design, handicap access and accommodation, placement of any work of Improvement or color schemes, exterior finishes and materials and similar features which are recommended for use within the Property, provided that said rules shall not fall below the minimum standards required by this Declaration. In the event of any conflict between the Architectural Rules and this Declaration, the Declaration shall prevail. 8.6 Variances. The Architectural Review Committee shall be entitled to allow reasonable variances with respect to this Article VIII to overcome practical difficulties, avoid unnecessary expense, prevent unnecessary hardships, or to accommodate handicapping or otherwise disabling or physically limiting conditions provided the following conditions are met: 8.6.1 If the requested variance will necessitate deviation from, or modification of, a property use restriction that would otherwise apply under this Declaration, the Committee must conduct a hearing on the proposed variance after giving at least ten (10) days prior written notice to the Board and to all Owners of Units within one hundred (100) feet of the property for which the variance applies. The Owners receiving notice of the proposed variance shall have thirty (30) days in which to submit to the Board or Committee written comments or objections with respect to the variance. No decision shall be made with respect to the proposed variance until the thirty (30) day comment period has expired; 8.6.2 The Committee must make a good faith detennination that: (1) the requested variance does not constitute a material deviation from the overall plan and scheme of development within the Property or from any restriction contained herein or that the proposal allows the objectives of the violated requirement(s) to be substantially achieved despite noncompliance; or (2) the variance relates to a requirement hereunder 26 --..,- that it is unnecessary or burdensome under the circumstances; or (3) the variance, if granted, will not result in a material detriment, or create an unreasonable nuisance, with respect to any other Unit, Common Area or Owner within the Property. 8.7 Waiver. The approval by the Board or Committee of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Board or Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plans, drawings, specifications or matters subsequently submitted for approval. 8.8 Liability. Neither the Board, Committee nor any Member thereof shall be liable to the Association, any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications, or (b) the construction or perfonnance of any work, whether pursuant to approved plans, drawings and specifications; provided that with respect to the liability of a Member, such Member has acted in good faith on the basis of actual knowledge possessed by him or her. ARTICLE IX INSURANCE 9.1 Insurance Coverage. The Association shall obtain and maintain the following insurance: 9.1.1 Casualty. A casualty policy insuring the full replacement value of improvements and fixtures on the Property, including building ordinance endorsement, if available, and any other riders deemed by the Board to be appropriate; 9.1.2 Liability. A comprehensive public liability insurance policy insuring the Association, its agents, and the Owners and occupants of the Condominiums and their respective family members, guests, invitees, and agents against any liability incident to the ownership or use of the Common Area or any other Association owned or maintained real or personal property, in the sum of at least two million dollars ($2,000,000), or other minimum required by law so as to maximize protection to the Association; 9.1.3 Worker's Compensation. W orkerts Compensation insurance in the amount at least equal to statutory requirements; 9.1.4 Directors Liabilitv. The Board may purchase Officers and Directors liability insurance if deemed advisable and otherwise available for purchase; 9.1.5 Other Insurance. Such other insurance as the Board in its discretion considers necessary or advisable. The amount, tenns, and coverage of any policy required hereunder (including the type of endorsements, the amount of the deductible, the named insureds, the loss payees, standard Mortgage clauses, and notices of changes or cancellations) shall be no less than that which is customary for similar policies on similar 27 projects in the area, except that the Board will make every effort to obtain the minimum coverage set forth in Civil Code ~ 1365.9(b) for the protection of the individual Owners from being named in the lawsuits in regard to actions arising out of injuries occurring on the Common Areas. 9.2 Insurance Trustee. Each Owner appoints the Association or any insurance trustee designated by the Association to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained by the Association, including, without limitation, representing the Owners in any proceeding, negotiation, settlement, or agreements. 9.3 Waiver of Subrogation. Any insurance maintained by the Association shall contain a waiver of subrogation as to the Association and its officers, directors, and Members, the Owners and occupants of the Condominiums and Mortgagees, and, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The Association shall periodically (and not less than once every three (3) years) review all insurance policies maintained by the Association to determine the adequacy of the coverage and to adjust the policies accordingly. All individually owned insurance shall contain a waiver of subrogation as to the Association and its officers, directors, and Members, of the Owners and Occupants of the Condominiums and of Mortgagees. 9.4 No Duplicate Insurance Coverage, No Owner shall separately insure his or her Condominium against loss by fire or other casualty covered by any insurance carried by the Association. If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under the Association's policies that results from the existence of such other insurance will be chargeable to the Owner who acquired other insurance. 9.5 Unit Owner Insurance Required. Owners are required to insure their personal property against loss and obtain personal liability insurance covering the contents and interior of their individual Living Units. In addition, any improvements made by an Owner within his or her Unit may be separately insured by an Owner, but the insurance is to be limited to the type and nature of coverage commonly known as tenant's improvements. Any Owner failing to purchase said insurance waives any claim he/she may have against the Association for damage to the interior of his or her Unit, arising out of negligence, nuisance, or breach of contract on the part of the Association, so long as the damage or loss would have been covered under a standard Condominium Homeowner Policy (H06) had it been in force at the time of the loss. Further, the Association shall not be responsible for interior damage caused by the failure of a component of the Common Area, absent gross negligence or willful misconduct on the part of the Association. 28 ARTICLE X DAMAGE OR DESTRUCTION 10.1 Destruction: Proceeds Exceed 85% of Reconstruction Costs. If there is a total or partial destruction of the improvements in the Project, and if the available proceeds of the insurance carried plus reserve account funds designated for the repair or replacement of capital improvements which have been damaged are sufficient to cover not less than eighty-five percent (85%) of the costs of repair and reconstruction, the improvements shall be promptly rebuilt unless, within ninety (90) days from the date of destruction, Owners then holding at least seventy-five percent (75%) of the total voting power of Owners present and entitled to vote, in person or by proxy, at a duly constituted meeting or voting by written ballot, detennine that repair and reconstruction shall not take place. If such a meeting is called, the Association shall solicit and obtain bids from at least two reputable contractors to repair and reconstruct the improvements in accordance with the original plans and shall present this infonnation to the Owners at the meeting. If repair and reconstruction is to take place the Association shall be required to execute, acknowledge, and record in the office of the County Recorder of San Luis Obispo County not later than one hundred and twenty (120) days from the date of destruction, a certificate declaring the intention of the Owners to rebuild. 10.2 Destruction: Proceeds Less Than 85% of Reconstruction Costs. If the proceeds of insurance carried plus reserve account funds designated for the repair or replacement of capital improvements which have been damaged are less than eighty-five percent (85%) of the costs of repair and reconstruction, the improvements shan be promptly rebuilt, unless within ninety (90) days from the date of destruction, Owners then holding at least sixty-seven percent (67%) of the total voting power of Owners present and entitled to vote, in person or by proxy, at a duly constituted meeting or by written ballot, determine that repair and reconstruction shall not take place. If such a meeting is called, the Association shall solicit and obtain bids from at least two reputable contractors to repair and reconstruct the improvements in accordance with the original plans and shall present this infonnation to the Owners at the meeting. If repair and reconstruction are to take place, the Association shall execute, acknowledge, and record in the office of the County Recorder of San Luis Obispo County not later than one hundred and twenty (120) days from the date of destruction a certificate declaring the intention of the Owners to rebuild. 10.3 Apportionment of Assessments. If the Owners detennine to rebuild pursuant to Sections 10.1 and 10.2, above, each Owner shall be obligated to contribute his or her equal share of the cost of reconstruction or restoration over and above the available insurance proceeds. The Association may levy a Capital Assessment for the cost of restoration or reconstruction over and above the insurance proceeds, which may be enforced under the lien provisions contained in this Declaration. 10.4 Rebuilding Contract. If the Owners determine to rebuild, the Board or its authorized representative shall, after obtaining bids from at least two reputable contractors as required by the paragraphs above, award the repair and reconstruction 29 work to the lowest bidder that otherwise meets the requirements set forth by the Board in soliciting bids. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to this contractor according to the tenns of the contract. The Association shall be obligated to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. 10.5 Rebuilding Not Authorized, If the Owners detennine not to rebuild, then, subject to the rights of Mortgagees, any insurance proceeds then available for such rebuilding shall be distributed to each Owner (of an uninhabitable damaged Unit which is not to be rebuilt) according to the relative fair market values of their Condominiums. The Board shall select an independent appraiser who shall be a Member of the Society of Real Estate Appraisers ("SREAt>) or other nationally recognized appraisers' organization and who shall determine such relative values in accordance with the standards of such organizations as of a date immediately prior to such destruction. The Association shall have the duty, within one hundred and twenty (120) days ftom the date of destruction, to execute, acknowledge, and record in the office of the County Recorder of San Luis Obispo County, a certificate declaring the intention of the Owners not to rebuild. 10.6 Minor Repair and Reconstruction. The Association shall have the duty to repair and reconstruct improvements, without the consent of Owners and irrespective of the amount of available insurance proceeds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed $20,000 in the case of Common Area improvements. The Association can levy a Capital Assessment for the cost of repairing and reconstructing improvements to the extent insurance proceeds are unavailable, such Assessment to be levied as described in Section 10.3, above (but without the consent or approval of Owners, despite any contrary provisions in this Declaration). 10.7 Revival of Right to Partition. On recordation of a certificate described in Section 10.5, above, the right of any Owner to partition through legal action as described in Article II, Section 2.5, shall revive immediately. In addition, each Owner, by accepting a deed to a Condominium, grants to the Association an irrevocable power of attorney to sell the entire Project for the benefit of the Owners, to tenninate the Declaration, and to dissolve the Association. The net proceeds following sale of the Project and dissolution of the Association shall be distributed to the Owners in the same manner that insurance proceeds are distributed under Section 10.5, above, with all Owners sharing in said proceeds as set forth therein. ARTICLE XI CONDEMNATION 11.1 Sale bv Unanimous Consent. If an action for condemnation of all or a portion of the Property is proposed or threatened by any governmental agency having the right of eminent domain, then, on unanimous written consent of all the Owners and after notice to all Mortgagees, the Property, or a portion of it may be sold by the Board acting as 30 there shall be a lien on the Condominium of the purchaser at such sale with respect to all Assessments which become due after the date of any such sale with respect to which a Notice of Assessment has been recorded as provided herein, which lien shall have the same effect and enforced in the same manner as is provided herein. ARTICLE XIII CONDOMINIUM PLAN 13.1 Limited Reservation of RiiPtt to Vary Condominium Plan. Notwithstanding any provision of this Declaration, for a period of seven (7) years from the date of the recordation of the sale of the first Condominium, or until one (1) year subsequent to the sale and recordation of the final Condominium to be sold in the Project, whichever occurs earlier, Declarant reserves unto itself the exclusive right to amend any Condominium Plan by varying (i) the size, shape or location of the unsold Units and the diagrammatic floor plans, locations and/or dimensions of unsold Units, built or to be built; and/or (ii) the associated appurtenant area and the Common Area boundary lines and the Unit so varied shall be constructed entirely within such newly described boundary lines. 13.2 Special Power of Attorney. Each Owner, by joining in the execution of his or her individual Condominium grant deed (whether or not the grant deed shall contain a provision specifically incorporating this Article by reference), shall thereby constitute and irrevocably appoint Declarant, as his or her attorney-in-fact and agent for the purpose of executing and acknowledging on behalf of the Owner of such Condominium any and all amendments to the Condominium Plan deemed necessary by Declarant to conform same to variances determined or approved by Declarant hereunder. The limited reservation and power of attorney described in this Article is reserved and accepted by Declarant in order to insure uninterrupted progress in the construction and development of the Project, for the benefit of all Owners (including Declarant) and in order that there be convenient methods of compliance with 91351 of the California Civil Code for the convenience of the Owners. By reason of the foregoing, the provisions of this Article are and shall be deemed powers "coupled with an interest" and intended to "run with the land", and shall be binding upon future Owners, their heirs, assigns and successors in interest. Each Owner, for himself or herself, his or her successor or assigns, hereby covenants, warrants and agrees that in any document of conveyance he will execute and deliver for the purpose of transferring the Ownership of his or her Condominium or any interest therein to a successor, he will require that such successor undertake to be bound by and comply with all of the requirements of this Article, including but not limited to the appointment of Declarant as such successor's legal attorney-in-fact for the purposes of this Article, but a failure of any Owner to so provide in any such document of conveyance shall not derogate from Declarant's rights hereunder or the power of attorney it holds by virtue of the provisions hereof. 33 irrevocable attorney-in-fact of all of the Owners for a price deemed fair and equitable by the Board, but in no event less than the aggregate unpaid balance of all first Mortgages encumbering Condominiums within the Property. 11.2 Distribution of Proceeds of Sale. If a sale occurs under Section 11.1, and the agreement of sale does not by its tenns apportion the sale proceeds among the Owners and their respective Mortgagees, the Board shall select an independent SREA appraiser who shall detennine the relative fair market values of the Condominiums affected by the sale, in accordance with SREA standards. The sale proceeds shall then be apportioned among the Owners, and their respective Mortgagees according to such relative values. 11.3 Distribution of Condemnation A ward. If the Property, or a portion of it, is not sold, but is instead taken, the judgment of condemnation shall by its tenns apportion the award among the Owners and their respective Mortgagees. 11.4 Al>J>raisal if Condemnation Award Not Apportioned. If the judgment of condemnation does not by its tenns apportion the award among the Owners and their respective Mortgagees, the Board shall select an independent SREA appraiser who shall detennine the relative fair market values of the Condominiums affected by the condemnation, in accordance with SREA standards. The award shall then be apportioned among the Owners, and their respective Mortgagees, according to such relative values. ARTICLE XII PROTECTION OF LENDERS; SALES AND TRANSFERS 12.1 Assessment Lien Subordinated. Any lien created under the provisions of Article V hereof shall be subject and subordinate to the rights of any Mortgagee of any recorded first Mortgage or second Mortgage (which shall include a ''wrap-around'' or "all- inclusive" Mortgage) upon any Condominium made in good faith and for value. No lien created or claimed under the provisions of Article V hereof shall in any way defeat, invalidate or impair the rights of any Mortgagee under any such recorded first or second Mortgage unless the Mortgagee thereunder shall expressly subordinate his or her interest, in writing, to such lien. 12.2 Amendments to Declaration. No amendment to this Declaration shall affect the rights of the Mortgagee of any Mortgage described in Section 12.1 above which is made in good faith and for value, provided that any such Mortgage is recorded prior to the recordation of such amendment; and provided further that the benefit of this Section shall not apply to the Mortgagee of any such Mortgage if such Mortgagee shall (i) join in the execution of such amendment or (ii) approve said amendment in writing. 12.3 Default bv Owner; Mortgagee Right to Vote. In the event of a default by any Owner under a first or second Mortgage encumbering said Owner's Condominium, the Mortgagee under said Mortgage in default (or if both Mortgages are in default, the Mortgagee under the first Mortgage) shall, upon (i) giving in written notice to said defaulting Owner, (ii) recording a Notice of Default in accordance with Section 2924 of 31 ARTICLE XIV OBLIGATION OF OWNERS 14.1 Mechanic's Liens. No labor performed or materials furnished for use in connection with any Unit shall create any right to file a statement of mechanic's liens against the Unit of any other Owner not expressly consenting to or requesting such labor or materials or against any interest in the Common Area except the undivided percentage interest therein appurtenant to the Unit of the Owner for whom such labor shall have been performed and such materials shall have been furnished. Each Owner shall indemnify and hold hannless each of the other Owners from and against liability or loss arising from the claim of any lien against the Unit of the Owner, or any part thereof, for labor performed or for materials furnished in work on such Owner's Unit. 14.2 Personal Injury or Property Damage Sustained Within a Unit. In the event any personal injury or property damage is sustained by any Person while physically within a Unit and shall result in a claim or suit against any other Owner or the Association, any of its officers, members of its Board, the Manager and his or her staff, or any agent, representative or employee of the Association, the Owner of the Unit in which such injury or damage occurred (i) shall and does hereby agree to fully indemnify and hold hannless such Persons against whom such claim or suit is brought and (ii) does hereby agree to defend, at his or her own cost and expense, any litigation resulting therefrom in which such Person has been made a party, provided that no such obligation shall exist with respect to such other Persons whose negligence or willful misconduct caused or contributed to the cause of any such injury or damage. In the event of joint ownership of any Condominium within the Project, the liability of such Owners shall be joint and several. 14.3 Association Not Responsible for Loss. Neither the Declarant, nor its agents or employees, nor the Association nor any member of the Board, its officers, the Manager and his or her staff, or any of its representatives, agents or employees shall be responsible to any Owner nor to any member of his or her family, his or her tenants, social guests, servants, employees or invitees for any loss or damage suffered by reason of theft or otherwise of any article, vehicle or thing which may be stored by such Owner or other Person in or on any portion of the Common Area. 14.4 Notice of Danger. In the event any Owner observes any equipment, furniture, structure, vehicle, conduct or activity within any portion of the Project which said Owner deems likely to cause or result in serious injury to the health or safety of any resident, occupant or guest within the Project unless immediate corrective action is taken. said Owner shall immediately notify an officer or director of the Association or a responsible agent, representative or employee of the Association so that the appropriate action can be taken. 14.5 Notification of Sale or Lease of Condominium. Prior to the consummation of the sale or lease of any Condominium under circumstances whereby the transferee becomes an Owner thereof or lessee thereunder, the transferee shall notify the Board in writing of 34 such sale. Such notification shall set forth (i) the name of the transferee and his or her transferor, (ii) the street address or Unit number of the Condominium purchased by the transferee, (iii) the transferee's mailing address; (iv) the date of intended sale; and (v) the verified information regarding the transferee's ability to meet the Qualified Owner or Occupant requirements. Prior to the receipt of such notification, any and all communications required or permitted to be given shall be deemed to be duly made and given to the transferee if duly and timely made and given to said transferee's transferor. ARTICLE XV TAXES AND GOVERNMENTAL ASSESSMENTS 15.1 Taxes SeparatelY Assessed. Pursuant to an agreement made in accordance with the provisions of Section 2188.3 of the California Revenue and Taxation Code, each Condominium shall be separately assessed to the Owner thereof and the tax on each such Condominium shall constitute a lien solely thereon. 15.2 Unallocated Taxes. Any unallocated taxes or assessments levied or assessed against the Common Area, the Association or the personal property of the Association, which taxes or assessments are not separately assessed pursuant to Section 15.1 hereof, shall be deemed part of the expenses of the Common Area and shall be assessed against the Owners as provided in Article V hereof. ARTICLE XVI TERM OF DECLARATION Subject to the other provisions hereof, the covenants contained in this Declaration shall run with and benefit the land within the Project and shall be binding upon the Owners, Declarant, the Association, its Board, its officers and their successors or assigns and shall continue in full force and effect for a term of fifty (50) years from date of recordation of this Declaration, after which time the same shall be automatically extended for successive periods often (10) years each unless, within six (6) months prior to the expiration of the initial fifty (50) year term or any ten (10) year extension period, a written agreement executed and acknowledge by the Owners of at least sixty-seven percent (67%) of the Condominiums in the Project shall be placed on record in the Office of the County Recorder of San Luis Obispo County, California, terminating the effectiveness of this Declaration. ARTICLE XVII AMENDMENTS 17.1 Amendment. This Declaration may be amended only by an instrument executed and acknowledged by (i) the Owners of at least sixty-seven percent (67%) of the Condominiums in the Project, and (ii) the holders of all Mortgages which are of record prior to the effective date of such amendment. Any such amendment shall become effective immediately upon the recordation in the Office of the County Recorder of San Luis Obispo County, California, of an instrument complying with the requirements of this 35 Article. Any other attempt to in any way amend the provisions of this Declaration shall be null and void and of no effect. Notwithstanding the foregoing, this Declaration may not be amended to eliminate any rights expressly reserved to Declarant herein, except by an instrument executed and acknowledged by Declarant, as wen as in accordance with the foregoing. 17.2 Mortgagees. The approval of at least seventy-five percent (75%) of Mortgagees of Condominiums must be obtained prior to adoption of any amendment of a material nature, which shall include the following: 17.2.1 voting rights; 17.2.2 change the method by which the obligations, Assessments, dues or other charges, or liens therefor, or the priority of Assessment liens are imposed; 17.2.3 by act or omission, change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or exterior appearance of the residences, exterior maintenance of the residences, maintenance of the Common Area, including landscaping; 17.2.4 reallocation of interests in the Common Area or Exclusive Use Areas or rights to their use; 17.2.5 redefinition of any Unit boundary; 17.2.6 convertibility of Units into Common Area or Common Area into Units; 17.2.7 expansion or contraction of the Project or the addition, annexation, or withdrawal of property to or uom the Project; 17.2.8 restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified in this Declaration; 17.2.9 any provisions that expressly benefit Mortgage holders, insurers, or guarantors; or 17.2.10 any action to tenninate the legal status of the Project after substantial destruction or condemnation occurs. If Owners are considering tennination of the legal status of the Project for reasons other than substantial destruction or condemnation of the Property, the Association must obtain at least seventy-five percent (75%) of the votes of the Mortgagee. If any Mortgagee fails to submit a response to any written proposal for an amendment within thirty-five (35) days after it receives notice of the proposal, provided the notice was delivered by 36 certified or registered mail with a return receipt requested, such Mortgagee shall be considered to have granted approval. 17.3 Amendment in Dero~ation of Obligation to Maintain Common Area. Notwithstanding anything in this Declaration to the contrary, any amendment to this Declaration which would defeat the obligation of the Association to maintain the Common Area in a good state of repair or which would defeat the Assessment procedure set forth in this Declaration to assure said maintenance must be approved by the City of AtToyo Grande and the State of California Department of Real Estate. 17.4 Consent of Real Estate Commissioner. Notwithstanding anything in this Declaration to the contrary, no amendment of this Declaration or any other of the Documents which would materially change the rights, preferences or privileges of any Owner or the restrictions upon any Condominium affected thereby shall become effective or legally binding without Approval of the Real Estate Commissioner of California; provided, however, that such Approval shall not be required ITom the date Declarant shall cease to be Owner of less than twenty-five percent (25%) of the total number of Condominiums in the Project. Applications for the Approval of the Real Estate Commissioner shall be made in accordance with provisions of ~IIOI8.7 of the California Business and Professions Code. ARTICLE XVIII GENERAL PROVISIONS 18.1 Enforcement. The Association or any Member shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants, Association Bylaws and Rules and Regulations, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants or reservations, the right to recover damages or other dues for such violation; provided, however, that with respect to Assessment liens, the Association shall have the exclusive right to the enforcement thereof. Should the Association incur attorneys' fees in order to enforce the covenants, conditions and restrictions or the Association Bylaws or Rules and Regulations, it shall be entitled to recover such expenses from the responsible Members. 18.2 Violations Constituting A Nuisance. The results of every act or omission that are a breach of this Declaration are hereby declared to be and constitute a nuisance, and every remedy allowed by law or equity against a nuisance shall be applicable against every such result and may be exercised by any Owner, or the Board. 18.3 Cumulative Remedies. The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive. 37 - 18.4 No Waiver. The failure of the Board, or any Owner to enforce any of the provisions contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter, nor shall such failure result in or impose any liability on the Association or the Board. 18.5 Severability. Invalidation of anyone of these covenants, conditions and restrictions by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect. 18.6 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purposes of creating a uniform plan for the maintenance of a residential community of common recreational facilities and Common Areas. Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. 18.7 SinJWlar Includes Plural. Whenever the context of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine. 18.8 Conflict of Governing Documents. If there is a conflict among or between the Governing Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Governing Documents in the following order: Articles, Bylaws, and any Rules and Regulations adopted by the Board of the Association. Declarant hereby adopts the above stated Declaration this _ day of _, 2004. DECLARANT: CAMINO MERCADO PARTNERS LIMITED PARTNERS By its General Partner California Commercial Investment Company, a California general partnership By its General Partners California Commercial Multi-Family, Inc., a Nevada corporation and California Commercial Brokerage, Inc., a California corporation By: Gary Collet, Officer California Commercial Multi-Family, Inc. By: Lou Mellman, Officer California Commercial Brokerage, Inc. 38 STATE OF CALIFORNIA ) )ss. COUNTY OF ) On , 2004, before me, , a Notary Publfc, personally appeared GARY COLLETT, [--.J personally known to me - OR - [-J proved to me on the basis of satisfactory evidence to be the person whose name is subs~ribed to the within instrument and acknowledged to me that he/she executed the same in his or her authorized capacity(ies), and that by his or her signature(s) on the instrUment the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sign{iture of Notary STATE OF CALIFORNIA ) )ss. COUNTY OF ) On , 2004, before me, , a Notary Publfc, personally appeared LOU MELLMAN, L-J personally known to me - OR - L-1 proved to me on the basis of satisfactory evidence to be the person whose name is substrlbed to the within instrument and acknowledged to me that he/she executed the same in his or her authorized capacity(ies), and that by his or her signature(s) on the instrument the person or the entity upon behalf of which the person acted, executed the instrUment. WITNESS my hand and official seal. Sign(tture of Notary 39 06/18/2004 11: 01 18057733726 /} BUILDERCORPOFFICES A TT ACHMENT 2 ~ f CAMINO MERCADO PARTNERS, LP C). 2000 Mattie Road Pismo Beach, CA 93449 },IJi June 18, 2004 Qty of Arroyo Grande PO Box 550 Arroyo Grande, CA 93421 Mrs. Heffernon Per our discussion the plamlin~ department recommended we change the allocation from 15 moderate inc;:ome units to, nine moderate units and six low income units. In meeting with~your department the city offered to subsidize the difference in providing the six.ow income units in the amount of approximately $525,000. At the planning corro;nission meeting the approval of the tract map was granted with the reallocanon of the nine moderate and the six low; however, without the subsidy as recoInmEfnded by the planning department. , ( In a meeting with the city ~~r and planning director they recommended that the resolution to council ag~in include the nine moderate and six low income with a $100,000 fee credtt. , We are proposing a mix of 12 O;1Qderate income and three (3) low income units with no city assistance. i, ~ Best personal regards. ~;! ~,' ~-*- -~-~ MINUTES PLANNING COMMISSION A TT ACHMENT 3 MAY 18, 2004 NON-PUBLIC HEARING ITEM: IVC, TIME EXTENSION CASE NO, 04-004 FOR TENTATIVE TRACT MAP CASE NO, 01-002, APPLICANT - JAMES p, DOTSON; LOCATION - 801 HUASNA RD, Staff report prepared and presented by Planning Intern, Andrea Koch. Ms. Koch gave an update on the project, and concluded by stating that this is the applicant's second request for a one-year time extension for Tentative Tract Map 01- 002; the applicant has requested another time extension to allow completion of construction. Commissioner Brown asked staff for an update on the undergrounding for this project and hearing no further concerns the Commission went forward with a motion. Commissioner Keen made a motion, seconded by Commissioner Arnold, to approve Time Extension Case No. 04-004 for a one-year time extension of Tentative Tract Map Case No. 01-002, Tract Map 2275, the motion was approved on a 4/0 roll call vote, Commissioner Fowler being absent. III, PUBLIC HEARINGS: A, TENTATIVE TRACT MAP 04-001 ; APPLICANT - CAMINO MERCADO PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernon gave an update on the background of the project; stating that this was a condominium tract map for a previously approved (City Council January 22, 2002) 60- unit senior apartment complex and 3,000 square foot senior recreation center; described prior amendments and explained the few changes that had been made to the conditions of approval since the last approval of the project. Staff answered Commission questions. Chair Guthrie opened the hearing for public comment. Gary Young, applicant, stated: - We did obtain a permit from the City to remove the trees. - We are waiting to hear from Caltrans on the cost for installing the traffic signal and will then pull building permits. - Survey stakes have been in place on the site. - We consider this a new project per the Subdivision Map Act. - He addressed benefits of the senior center. - They will install a walking trail and dedicate an easement for public access. - Condominiums would provide a significant tax base increase for the City over apartments. - He distributed a spreadsheet to the Commission showing cash flow of rental versus ownership. --_...,._--,-- MINUTES PAGE 3 PLANNING COMMISSION MAY 18,2004 To clarify a question from Commissioner Guthrie, Victor Devens stated that the City will administer the construction of the signal installation and the applicant will just pay the normal traffic signalization impact fees. Ray Abdan-nur, 955 Via Las Aguifas, stated concern that project does not have enough parking; like to see concrete tiles on roof; noise considerations should be addressed; may not need this senior center as he had heard that the Historical Society was going to rent the Regional Center for $1.00 a year; should all the applicant's fees be waived because of the senior center? Sandy Sanderson, 136 Pine Street, 16 oak trees have already been removed. What mitigation can be done for this new proposal? Jason Blankenship, Mesa Lane, Project Manager. Oak trees mitigation will be done 8/1 whether we have apartments or condos. The trees were taken down because we were ready to go forward with the apartment project. Commissioner Brown stated the Commission approved a project that filled a need for apartment type housing for seniors, allowed the cutting down of the trees for this and asked the applicant why they came forward with apartments if they were not going to financially pencil out? He expressed a concern that this had the feel of a "bait and switch" deal. Mr. Blankenship explained that the appraisal for the apartments came in very low as there have been no apartments built in the area for over 20 years, but it had been their intention to build the apartments from day one. There was a discussion regarding the spreadsheet with Commissioner Guthrie and Arnold questioning the stated figures. Commissioner Guthrie asked if the project meets the Federal mandates for senior housing? Mr. Young said it did. Chuck French, 525 Dos Cerros, President of the Rancho Grande HOA, stated that there was disagreement as to where the property line is along the back of the property. The applicant removed a tree in an area the he believes the Association owns and intended to grade in this area also. Chair Guthrie said staff would look into this. Earl Paulding, Arroyo Grande, spokesperson for seniors, stated the seniors of the South County have supported this project since conception; many seniors are single and need a smaller place to live; seniors need this plus the senior center. Chair Guthrie closed the hearing to public comment. ----~-- --------~_._- -----_.-,----- MINUTES PAGE 4 PLANNING COMMISSION MAY 18, 2004 Guthrie to staff: - There is no mention of Subdivision Map Act in staff report, and he was not familiar with it, but would like to review it; asked if the project met the Federal requirements because after approval it would be too late; it seemed to him that there were a lot of unknowns. Brown: - This project has evolved into a new project: He questioned whether finding No. 1 could be made; stated NO.4 cannot be met (the proposed project has caused environmental damage -loss of 18 trees). - If the previous entitlement of apartments is changed to condos, we are taking this inventory out of the City. - Cannot believe that the applicant entered into this project without knowing what was involved and anticipates that it could come back for even more changes in the future. - If this is a new project then it should go through the same process as a new project. - He could not vote in favor. Arnold: - He agreed with Commissioner Brown on the findings. - He believed apartments would be more affordable; the City needs apartments now and we have made numerous concessions to make this project viable. - The proposal does not meet the definition of the requirement for "affordable". - He stated that this is a condo conversion and it should meet these City requirements. - He would vote against this. Keen: - He disagreed with Commissioner Arnold. - He had several concerns with condos versus apartments; they would cost more to build. - The City needs apartments, but they have not been built because they do not pencil out. - I am very disappointed re oak trees and I was disappointed the first time, but they would have had to be removed on either project. - The Courtland senior project came back many times also, each time asking for more money. - Although disappointed this project would help meet the needs of seniors. - He could vote for this, - Guthrie: - He believes this was a switch as the Commission gave approval for what was believed to be moderate affordable.units; - He expressed concern that this project keeps coming back, but believes this project is very different from the Courtland/Grand project (which is 50% affordable). - This project could come back again with another change so he would like to see a more thorough review related to the Subdivision Map Act and the conditions included in it; he suggested postponing and reviewing again in two weeks. --._----- MINUTES PAGE 5 PLANNING COMMISSION MAY 18,2004 - He had a concern that staff did not know if it meets Federal mandates for senior housing. - In the Housing Element there is reference that we would expect low and very low come from rental; he could not support paying down on a for sale condo project. Commissioner Keen made a motion recommending City Council approve the Tentative Tract Map. The motion failed due to there being no second. Commissioner Brown made a motion, seconded by Commissioner Arnold, to continue discussion of this item to the meeting of June 1, 2004, to allow staff time to bring forward a report which would include the concerns brought forward by the Chair. The motion was approved on the following roll call vote: AYES: Commissioners Brown, Arnold and Chair Guthrie NOES: Keen ABSENT: Fowler Mr. Strong stated Public Works has confirmed that the City has accepted the open space parcels and that Council approved the slope bank grading and the oak tree mitigation with removal of two oaks in order to prevent a triple stacked wall that would have been over 14 foot tall; the access trail and landscape mitigation was better than a "concrete" solution. IV, NON PUBLIC HEARINGS: A, CITY HALL STUDY - STAFF PROJECT 03-022; APPLICANT - CITY OF ARROYO GRANDE Fred Sweeney, Phillips, Metsch, Sweeny & Moore Architects, gave a progress report and stated that this would next go to City Council in June for further action and direction and he hoped that these meetings would bring some closure and a decision on the various sites for the New City Hall. Mr. Sweeney then described each of the study/versions of Site No.1: (East Branch/Mason and Short Streets), where the existing City property is located, Site No.5 (at the. bottom of Crown Hill, the Loomis site), which has numerous challenges and issues and which both Public Works and the School District have concerns about. He emphasized that once a site is selected it is important that some clear guidelines be developed for the future implementers and advised that time and energy be given to presenting the public with plans that are much more visual in nature for the new City Hall. The City has an obligation to carry ihto place as an example what they want others (in the same corridor) to do and this study is a tool to help bring that forward. Commission Comments: Arnold: - He did not like Site No.5, it had too many complications MINUTES DRAFT ATTACHMENT 4 PLANNING COMMISSION JUNE 1, 2004 The motion was approved on the following roll call vote: AYES: Chair Guthrie, Commissioners Fowler, Arnold, Brown and Keen NOES: None ABSENT: None Sheppel 3 - Commission Comments: Brown: . Making the creek bank less than 25 feet- he would need clear-cut and strong reasoning to approve this. . He could not comment on the parking issue re the Pre-App at this time. Guthrie: . The creek bank issue would be driven by biology not the project. . He had serious concerns with the traffic congestion re Sheppel 3. . At this time he could not give much feedback as there was not enough on the plans they had been given to review. The Commission had no other concerns or comments. B, CONTINUED ITEM: TENTATIVE TRACT MAP 04-001; APPLICANT - CAMINO MERCADO PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernan briefly described the project proposal to review a condominium tract map for a previously approved 60-unit senior apartment complex .and summarized the issues brought up by the Commission at the meeting of May 18, 2004. In conclusion Ms. Heffernon stated that additional conditions had been added as follows: . One covered parking space be designated per unit located within 100 feet of the respective unit. . 200 cubic feet of storage space be added per unit. In addition staff recommends: . 15 moderate income restricted units be divided into nine moderate and 6 low income housing units. . Financial assistance be offered to the applicant up to difference between the moderate and low income units (this recommendation is taken directly from Goal 'C' of the Housing Element). In reply to questions from Commissioner Fowler, (Commissioner Fowler was absent the last meeting), Ms. Heffernon stated: . The applicant did have permits to cut the trees down and the applicants will have to mitigate the removal. . The footprint and number of units remain unchanged. . The senior center is still included and the 55 and older requirement is still in place. Commissioner Arnold stated the permits to cut down the trees were issued with the understanding that apartments would be built. Chair Guthrie opened the hearing for public comment. -"--~"--.- -----...---.. "'-~---_..._._- --. --- ~----~ MINUTES DRAFT PAGE 6 PLANNING COMMISSION JUNE 1, 2004 Gary Young, applicant: . Asked to re-address comments later that did not relate specifically to the Subdivision Map Act or the Resolution being made. . Re the comment "bait and switch" from Commissioner Brown at the last meeting - he took offence to this. . Commission Arnold had stated that he had not seen stakes at the site- he had taken pictures of the stakes to show the Commission. . He advised the Commission to deliver their comments carefully. Chair Guthrie closed the hearing to public comment. Commission Comments: Keen: . The additional information did not change his opinion. Arnold: . He also would not change his opinion, but apologized for his comment on the stakes. . He believed the trees were taken incorrectly and that findings could be made to deny this project. Fowler: . Staff, Commission, City Council and ARC all looked at and approved the tree removal and she did not see that this was a different issue. . This project is going to meet a need for housing for seniors in this area. . The applicant has followed the rules and therefore she could approve this project. Brown: . He stands by all his comments previously made. . This project has gone through incremental changes. . The trees were cut down- which is not the applicant's fault but the Commission's; the applicant pulled permits with entitlement. . This is now a new application and from a legal standpoint not proven based on finding #4; he did not believe that the other aspects stated by the City for denial apply in this issue, but he believed that the applicant did cause environmental damage. . Based on experience with this project he would take a much more cynical view of proposals in the future. . He could not support the project. Guthrie: . Stated that the change from apartment to condos is not a bookkeeping issue as apartments are encouraged by the Development Code; the Commission looked at apartments and agreed that the oak trees be removed. . If this project came forward tOday as a condominium project, with senior center and with 25% affordable housing I would vote for it. . He recommended the City not pay down ownership condominiums between the low and moderate-income units. Chair Guthrie made a motion, seconded by Commissioner Keen, to recommend that the City Council approve Tentative Tract Map Case No. 04-001, and strike Condition of ---~~_..-..._-- - --" _.- ------- - --.._---._---- MINUTES DRAFT PAGE 7 PLANNING COMMISSION JUNE 1, 2004 Approval No. 20 relating to financial assistance from the City's Affordable Housing In-Lieu Fund and adopt: RESOLUTION 04-1926 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE 'CITY COUNCIL APPROVE TENTATIVE TRACT MAP CASE NO, 04-001, LOCATED AT 579 CAMINO MERCADO, APPLIED FOR BY CAMINO MERCADO PARTNERS The motion was approved on the following roll call vote: AYES: Chair Guthrie, Commissioners Keen and Fowler NOES: Commissioners Arnold and Brown ABSENT: None the foregoing Resolution was adopted this 1st day of June 2004. The Commissioner took a 10-minute break. C, DEVELOPMENT CODE AMENDMENT & GENERAL PLAN AMENDMENT CASE NOS, 04-001; APPLICANT - CITY OF ARROYO. GRANDE; LOCATION - 295, 279 AND 265 ALDER STREET, Staff report prepared and presented by Associate Planner, Kelly Heffernon. Ms. Heffernon gave an overview 'of the proposal for a change in zoning from Single Family (SF) to Senior Residential (SR) and General Plan Amendment to eliminate the Planned Development overlay. The applicant is proposing to remove the two existing singfe-family residences and construct a new two-story facility to blend with the existing neighborhood. All of the issues related to the proposal will be reviewed in more detail when the Conditional Use Permit is processed. In conclusion, Ms. Heffernon stated that staff is recommending that the Planning Commission approve the resolution recommending that the City Council approve the City initiated Development Code Amendment (DCA) and General Plan Amendment (GPA). In answer to Commission questions staff clarified the zoning and the PD designation, gave some history on the zoning designations and explained that the City wants to make all three lots Senior Residential. Chair Guthrie opened the hearing to the public. Jo Ann Bazer Tose, 295 Alder House (owner), stated that many of the residents are local and want to remain in the neighborhood and they (Alder House) need to expand; their' business is a locally owned, family run, small business; they are sensitive to the concerns of the neighbors; they have never removed any oak trees and do not intend to even with the expansion. --~~- -- ---~.+._--- ATTACHMENT 5 CALIFORNIA CODES CIVIL CODE SECTION 1350-1351 ~ 1350. Short title This title shall be known and may be cited as the Davis-Stirling Common Interest Development Act. ~ 1351. DefInitions As used in this title, the following terms have the following meanings: (a) "Association" means a nonprofIt corporation or unincorporated association created for the purpose of managing a common interest development. (b) "Common area" means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing. However, the common area for a planned development specifIed in paragraph (2) of subdivision (k) may consist of mutual or reciprocal easement rights appurtenant to the separate interests. (c) "Common interest development" means any of the following: (1) A community apartment project. (2) A condominium project. (3) A planned development. (4) A stock cooperative. (d) "Community apartment project" means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. (e) "Condominium plan" means a plan consisting of (1) a description or survey map of a condominium project, which shall refer to or show monumentation on the ground, (2) a three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefInite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and (3) a certifIcate consenting to the recordation of the condominium plan pursuant to this title signed and acknowledged by the following: (A) The record owner of fee title to that property included in the condominium project. (B) In the case of a condominium project which will terminate upon the termination of an estate for years, the certifIcate shall be signed and acknowledged by all lessors and lessees of the estate for years. (C) In the case of a condominium project subject to a life estate, the certifIcate shall be signed and acknowledged by all life tenants and remainder interests. --.-.....-..- ..--.- (D) The certificate shall also be signed and acknowledged by either the trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property. Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the condominium plan. Further, in the event a conversion to condominiums of a community apartment project or stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion. A condominium plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by all the persons whose signatures would be required pursuant to this subdivision. (f) A "condominium project" means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. (g) "Declarant" means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration. (h) "Declaration" means the document, however denominated, which contains the information required by Section 1353. (i) "Exclusive use common area" means a portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests. (I) Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, ----------.- ----~----_.._--- ----~--- and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest. (2) Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest. G) "Governing documents" means the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, which govern the operation of the common interest development or association. (k) "Planned development" means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features: (1) The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area. (2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 or 1367 .1. (1) "Separate interest" has the following meanings: (1) In a community apartment project, "separate interest" means the exclusive right to occupy an apartment, as specified in subdivision (d). (2) In a condominium project, "separate interest" means an individual unit, as specified in subdivision (t). (3) In a planned development, "separate interest" means a separately owned lot, parcel, area, or space. (4) In a stock cooperative, "separate interest" means the exclusive right to occupy a portion of the real property, as specified in subdivision (m). Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common areas. The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing. ---.-.-."-- -".--- (m) "Stock cooperative" means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (t) of Section 25100 of the Corporations Code. A "stock cooperative" includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the Health and Safety Code. i i ------ - --..- ATTACHMENT 6 ~ 51,2. Age discrimination in housing prohibited; exception; intent . Historical Notes . Research References . Notes of Decisions <PSGML type=jd2>(a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. Where accommodations are designed to meet the physical and social needs of senior citizens, a business establishment may establish and preserve that housing for senior citizens, pursuant to Section 51.3, except housing as to which Section 51.3 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations against discrimination on the basis of familial status. For accommodations constructed before February 8, 1982, that meet all the criteria for senior citizen housing specified in Section 51.3, a business establishment may establish and preserve that housing development for senior citizens without the housing development being designed to meet physical and social needs of senior citizens. (b) This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal. 3d 72 and O'Connor v. Village Green Owners Association (1983) 33 Cal. 3d 790. (c) This section shall not apply to the County of Riverside. (d) A housing development for senior citizens constructed on or after January 1,2001, shall be presumed to be designed to meet the physical and social needs of senior citizens if it includes all of the following elements: (1) Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to 'new multifamily housing construction for provision of access to persons using a standard-width wheelchair. (2) Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking. (3) Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing. (4) Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps. (5) The development shall be designed to encourage social contact by providing at least one common room and at least some common open space. (6) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents. (7) The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seQ.), the Americans with Disabilities Act (42 U.S.c. Sec. 12101 et seq.), and the regulations promulgated at Title 24 ofthe California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be "construed to limit or reduce any right or obligation applicable under those laws. CREDIT(S) (Added by Stats.1984, c. 787, ~ L Amended by Stats.1989, c. 501, ~ 1; Stats.1993, c. 830 (S.B.137), ~ 1, eff Oct. 6, 1993; Stats.1996, c. 1147 (S.B.2097), ~ 2; Stats.1999, c. 324 (S.B.382), ~ 1; Stats.2OOO, c. 1004 (S.B.2011), ~ 2; Stats.2002, c. 726 (A.B.2787), 9 2.) ~ 51.3, Housing; age limitations; necessity for senior citizen housing . Historical Notes . Research References . Notes of Decisions <PSGML type=jd2>(a) The Legislature finds and declares that this section is essential to establish and preserve specially designed accessible housing for senior citizens. There are senior citizens who need special living environments and services, and find that there is an inadequate supply of this type of housing in the state. (b) For the purposes of this section, the following definitions apply: (1) "Qualifying resident" or "senior citizen" means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development. (2) "Qualified permanent resident" means a person who meets both of the following requirements: (A) Was residing with the qualifying resident or senior citizen prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying resident or senior citizen. (B) Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident or senior citizen. (3) "Qualified permanent resident" also means a disabled person or person with a disabling illness or injury who is a child.or grandchild of the senior citizen or a qualified permanent resident as defined in paragraph (2) who needs to live with the senior citizen or qualified permanent resident because of the disabling condition, illness, or injury. For purposes of this section, "disabled" means a person who has a disability as defined in subdivision (b) of Section 54. A "disabling injury or illness" means an illness or injury which results in a condition meeting the definition of disability set forth in subdivision (b) of Section 54. (A) For any person who is a qualified permanent resident under this paragraph whose disabling condition ends, the owner, board of directors, or other governing body may require the formerly disabled resident to cease residing in the development upon receipt of six months' written notice; provided, however, that the owner, board of directors, or other governing body may allow the person to remain a resident for up to one year after the disabling condition ends. (B) The owner, board of directors, or other governing body ofthe senior citizen housing development may take action to prohibit or terminate occupancy by a person who is a qualified permanent resident under this paragraph if the owner, board of directors, or other governing body finds, based on credible -- and objective evidence, that the person is likely to pose a significant threat to the health or safety of others that cannot be ameliorated by means of a reasonable accommodation; provided, however, that the action to prohibit or terminate the occupancy may be taken only after doing both of the following: (i) Providing reasonable notice to and an opportunity to be heard for the disabled person whose occupancy is being challenged, and reasonable notice to the coresident parent or grandparent of that person. (ii) Giving due consideration to the relevant, credible, and objective information provided in the hearing. The evidence shall be taken and held in a confidential manner, pursuant to a closed session, by the owner, board of directors, or other governing body in order to preserve the privacy of the affected persons. The affected persons shall be entitled to have present at the hearing an attorney or any other person authorized by them to speak on their behalf or to assist them in the matter. (4) "Senior citizen housing development" means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units. Any senior citizen housing development which is required to obtain a public report under Section 11010 of the Business and Professions Code ~d which submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a senior citizen housing development under Section 11010.05 of the Business and Professions Code. No housing development constructed prior to January 1, 1985, shall fail to qualify as a senior citizen housing development because it was not originally developed or put to use for occupancy by senior citizens. (5) "Dwelling unit" or "housing" means any residential accommodation other than a mobilehome. (6) "Cohabitant" refers to persons who live together as husband and wife, or persons who are domestic partners within the meaning of Section 297 of the Family Code. (7) "Permitted health care resident" means a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. For the purposes of this section, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. A permitted health care resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident in the absence of the senior citizen trom the dwelling unit only ifboth of the following are applicable: (A) The senior citizen became absent from the dwelling due to hospitalization or other necessary medical treatment and expects to return to his or her residence within 90 days trom the date the absence began. (B) The absent senior citizen or an authorized person acting for the senior citizen submits a written request to the owner, board of directors, or governing board stating that the senior citizen desires that the permitted health care resident be allowed to remain in order to be present when the senior citizen returns to reside in the development. Upon written request by the senior citizen or an authorized person acting for the senior citizen, the owner, board of directors, or governing board shall have the discretion to allow a permitted health care ~,_._-- -'-- >- ~--~ resident to remain for a time period longer than 90 days from the date that the senior citizen's absence began, if it appears that the senior citizen will return within a period of time not to exceed an additional 90 days. (c) The covenants, conditions, and restrictions and other documents or written policy shall set forth the limitations on occupancy, residency, or use on the basis of age. Any such limitation shall not be more exclusive than to require that one person in residence in each dwelling unit may be required to be a senior citizen and that each other resident in the same dwelling unit may be required to be a qualified pennanent resident, a pennitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (h) of this section or under subdivision (b) of Section 51.4. That limitation may be less exclusive, but shall at least require that the persons commencing any occupancy of a dwelling unit include a senior citizen who intends to reside in the unit as his or her primary residence on a pennanent basis. The application of the rules set forth in this subdivision regarding limitations on occupancy may result in less than all of the dwellings being actually occupied by a senior citizen. (d) The covenants, conditions, and restrictions or other documents or written policy shall pennit temporary residency, as a guest of a senior citizen or qualified pennanent resident, by a person of less than 55 years of age for periods of time, not less than 60 days in any year, that are specified in the covenants, conditions, and restrictions or other documents or written policy. (e) Upon the death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the qualifying resident, any qualified pennanent resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a pennitted resident. This subdivision shall not apply to a pennitted health care resident. (f) The condominium, stock cooperative, limited-equity housing cooperative, planned development, or multiple- family residential rental property shall have been developed for, and initially been put to use as, housing for senior citizens, or shall have been substantially rehabilitated or renovated for, and immediately afterward put to use as, housing for senior citizens, as provided in this section; provided, however, that no housing development constructed prior to January 1, 1985, shall fail to qualify as a senior citizen housing development because it was not originally developed for or originally put to use for occupancy by senior citizens. (g) The covenants, conditions, and restrictions or other documents or written policies applicable to any condominium, stock cooperative, limited-equity housing cooperative, planned development, or multiple-family residential property that contained age restrictions on January 1, 1984, shall be enforceable only to the extent pennitted by this section, notwithstanding lower age restrictions contained in: those documents or policies. (h) Any person who has the right to reside in, occupy, or use the housing or an unimproved lot subject to this section on January 1, 1985, shall not be deprived ofthe right to continue that residency, occupancy, or use as the result of the enactment of this section. (i) The covenants, conditions, and restrictions or other documents or written policy ofthe senior citizen housing development shall pennit the occupancy of a dwelling unit by a permitted health care resident during any period that the person is actually providing live-in, long-term, or hospice health care to a qualifying resident for compensation. For purposes of this subdivision, the tenn "for compensation" shall include provisions of lodging and food in exchange for care. (j) Notwithstanding any other provision of this section, this section shall not apply to the County of Riverside. CREDIT(S) (Added by Stats.1984, c. 1333,9 1. Amended by Stats.1985, c. 1505, ~ 2; Stats.1989, c. 190,9 1; Stats.1994, c. 464 (S.B.1560), 9 I;Stats.1995, c. 147 (S.B.332), ~ 1; Stats.1996, c. 1147 (S.B.2097), 9 3; Stats.1999, c. 324 (S.B.382), 92; Stats.2000, c. 1004 (S.B.2011), 9 3.) ( --~~- A TT ACHMENT 7 NOTES STAFF ADVISORY COMMITTEE (SAC) MARCH 31, 2004 10:00 A,M. STAFF ADVISORY COMMITTEE MEMBERS PRESENT: Victor Devens, Public Works; Rob Strong, Community Development Director; Dave Crockett, Code Enforcement Officer; Kelly Heffernon, Associate Planner; Jim Bergman, Assistant Planner; Andrea Koch, Planning Intem. STAFF MEMBERS ABSENT: Larry Schmidt, Building; Dan Hemandez, Parks, Recreation, & Facilities; Terry Fibich, Fire. APPROVAL OF NOTES: Notes of March 17, 2004 approved. ORAL COMMUNICATIONS: None. PROJECTS: A, TENTATIVE TRACT MAP 04-001 ; APPLICANT - CAMINO MERCADO PARTNERS, LP; LOCATION - 579 CAMINO MERCADO, Project Planner - Kelly Heffernon. Descriction: Condominium Tract Map for previously approved senior apartment complex and senior center. Issues: Community Development: . On units A and C, plans show private patios but no storage, while storage is shown on units Band D. Applicant should clarify storage locations. . Before the project undergoes Planning Commission review, applicant needs to clarify the relationship between units and parking. Proximity of parking and number of spaces per unit should be defined. Applicant responded that this will be incorporated into CC&Rs. . CC&Rs should be reviewed by the City Attomey as soon as possible. Need to ensure there are no more staff concems regarding private ownership of units. . Unsure about Planning Commission's attitude regarding airspace division of an apartment-like building. Public Works: . City needs to review CC&Rs for driveway and stormdrain maintenance. Police: . If there is no private ownership of parking, it's difficult to enforce parking restrictions because a resident cannot claim a space as his/her own. CDD responded that there should be at least one privately owned covered space per unit and that the remaining parking spaces should be commonly owned. . Concerned about whether there is adequate space for cars backing out. _._-~--- ~~:~ ~-- ~ .~ NOTES SAC MEETING DRAFT f'AG~ 2 March 31, 2004 Conditions: Community Development: . Add all storage locations to plans. . Provide at least one privately owned covered space per unit with the remaining parking designated for common ownership. Provision of additional private spac,es cou~d .be determined by need, with people paying extra money to the homeowners aSsociation to obtain more spaces. . Indicate which fifteen units will be deed-restricted to moderate-income residents. . Clearly delineate open space on the Map and provide a document showing of what this open space contains. Building and Fire: . Kelly Heffemon reported that Larry Schmidt sent a memo stating that applicant should obtain usual building permits. Public Works: . Provide more detail in CC&Rs about maintenance of on-site storm drainage system that is remaining private. . Provide a benchmark statemenUorthe Tentative Tract Map. . Show contours on plans, as well as existing and proposed facilities (including water, sewer lines, storm drains, and trees). . Submit open space agreement with Map. . Show on Map offer of dedication for water and sewer lines, and show any other easements or offers of dedication. . Remove master water meter and replace it with an 8" water main. Install multiple water meters. . If condominium plans are approved, PW will request plans for a Tract Map. . Pay all usual plan check fees, including map check fee. . Provide inspection agreement and subdivision improvement agreement. . Obtain all usual bonds (faithful performance, labor and materials, monumentation, 1- year, etc.). . Items requested by PW for the Tentative Tract Map need to be completed prior to deeming application complete. . If applicant is going to designate the common area as a separate lot, n~eds to show this on the map. ~ction: Need input from Pa.rks, Recreation & Facilities Department and plan modifications as discussed at t~e SA~ meeting before can deem the application complete and commit to an agenda for project review. B, AMENDED CONDITIONAL USE PERMIT 04-001; APPLICANT - WELLS FARGO BANK; LOCATION 911 RANCHO PARKWAY (PHASE II OF FIVE CITIES CENTER), Project Planner - Kelly Heffernon. Des~riDtion: Construction of tenant improvements ~o an existing building. Use will be a full service bank owned and operated by Wells Fargo Bank. Issu~ 1f~~t ~.~..-__L'f"- A TT ACHMENT 8 EARL L PAULDING -------.... -.....- ...-..-....-................"................ 232 La Cresta drive Arroyo Grande, CA 93420 Phone 481-38767 paulding3876@charter.net May 13. 2004 Planning Commission City of Arroyo Grande The Seniors of this area support the Camino Mercado Project. The residential units for Seniors are needed and will be a welcome addition to the community. The opportunity for a Senior Center is a chance to get something important to the Seniors. We ask that you please approve this project. Thank you RECt::V::::D MAY 1 4 2004 CITY UF ARROYO GRANDE COMMUNITY DEVELOPi,,1[NT DEPT. I 10.a. MEMORANDUM TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE ~ SUBJECT: CONSIDERATION OF APPROVAL OF COOPERATIVE FIRE' SERVICES AGREEMENT WITH THE' CITY OF GROVER BEACH DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended that the City, Council accept and approve the Cooperative Fire Services Agreement (Cooperative Agreement) with the City of Grover Beach, authorize the City Manager to execute the Agreement, and appoint one member of the City Council to serve on the Fire Oversight Committee. FUNDING: Through more efficient utilization of resources, this Cooperative Agreement with Grover Beach will result in a service level increase in preparedness of the fire force and emergency response capability with no increase in cost. DISCUSSION: City Council, at its meeting of May 25, 2004, approved the concept of the fire departments of Arroyo Grande and Grover Beach both being under the leadership of the Arroyo Grande Fire Chief, and both departments being served by the Administrative Fire Captain to be hired by the City of Grover Beach. Some of the operational benefits to be derived from this Cooperative Agreement are: a single Fire Chief serving both agencies; a single Administrative/Fire Training Officer serving both agencies; continued nurturing of a volunteer/reserve. firefighter force; reduction of response times; access to specialized skills and equipment by both departments; creation of pathways for future cost savings; a shared radio frequency for full interoperability; retention of identity and local control by each City; and improvement in the training programs of both departments under the leadership of the Administrativel Fire Training Qfficer. This Cooperative Agreement, if approved will be in effect initially for a period of one year and, unless further extended or terminated, on a month-to-month basis thereafter. As part of this Cooperative Agreement, it was recommended that an Oversight Committee be established to address and resolve any ongoing issues involved during the implementation period. The Oversight Committee will consist of one member from each City Council, the City Managers of each jurisdiction, and the Fire Chief. It is requested at this meeting that the City Council select the member that would serve on this committee. _.~-_.- ~--_.,_.__._.- - CITY COUNCIL APPROVAL OF A COOPERATIVE FIRE SERVICES AGREEMENT JUNE 22, 2004 PAGE 2 ALTERNATIVES: The following alternatives are provided for Council's consideration: - Accept and approve the recommended cooperative fire services agreement with Grover Beach, and select a member of the Council to serve on the Fire Oversight Committee; - Modify the recommended agreement language and approve; - Do not approve the recommended agreement; - Provide direction to staff. Attachments: 1. Staff Report of May 25, 2004 2. Cooperative Agreement --~~.--_.. Attachment 1 MEMORANDUM TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE SUBJECT: CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF CODE ENFORCEMENT DATE: MAY 25, 2004 RECOMMENDATION: It is recommended that the City Council approve accept and conceptually approve staff's recommendation to enter into a cooperative agreement that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions and reorganize the Code Enforcement function into the Department of Building and Fire; FUNDING: Through more efficient utilization of resources, a cooperative agreement with Grover Beach will result in a service level increase in preparedness of the fire force and emergency response capability with no expected increase in cost. Moving the code enforcement function into the Department of Building and Fire will result in the elimination of one full-time employee position, thereby saving approximately $45,000 in FY2004-05 in the General Fund and an estimated $62,000 annually thereafter. DISCUSSION: In 2000, a Town Hall Meeting was held to discuss the possibilities of joint fire services opportunities and interests that might exist between Arroyo Grande, Grover Beach, Pismo Beach, and Oceano. At that time, some interest existed between several of the agencies. As a result of that meeting, the fire departments of all the jurisdictions were directed by consensus of the governing bodies to strive for greater commonality between the fire departments by doing more joint training, standardizing practices and procedures, considering opportunities for joint purchasing, and to continue to look for opportunities for any joint services without reducing the level of service. Shortly after the meeting, one jurisdiction (Pismo Beach) entered into a contract for service with CDF/County Fire. -----~--------_..._-------- ------ .__..~- --.....----" CITY COUNCIL CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF CODE ENFORCEMENT MAY 25, 2004 PAGE 2 Since that meeting, the Division of Fire and Emergency Services in our City has completed a staffing plan that results in a full-time strength of 3 Engineers, 3 Captains, 1 Executive Secretary, and 1 Fire Chief. These personnel are supplemented by an authorized volunteer/reserve force of more than 30 members (See Org Chart-Attachment 1). Currently, the Division of Fire and Emergency Services serves our community at a cost of $77 per capita. On a 24 hour/7 day-a-week basis, a Fire Captain and Engineer are on duty in our City, supplemented during 20 hours of the day by a third person, a Firefighter member of our volunteer/reserve force. In addition to emergency response, our firefighters are responsible for public education, fire safety inspections, equipment and station maintenance, training of new personnel, drilling to maintain their own skills and that of members of the volunteer force, participation in outside agency training, and membership on committees and organizations meant to serve and improve the community and the fire service. The proposed reorganization of many of the duties presently.. being performed by the Code Enforcement Officer, under the authority of the Director of Community Development, will place those responsibilities within the Division of Fire and Emergency Services. As a result of the recent retirement of the Grover Beach Fire Chief, an interim Fire Chief was directed by the Grover Beach City Council in January 2004 to develop alternatives to provide fire and life safety services to the citizens of Grover Beach. The interim Fire Chief, Doug Hamp, facilitated a discussion between the Fire Chiefs of Oceano, Arroyo Grande, and himself to discuss the level of interest between the agencies for some form of joint service or cooperative agreement. As a result of that discussion, it was determined that there was preliminary conceptual interest between Arroyo Grande and Grover Beach to maintain local control of the Fire Departments by both of the cities, eliminate duplication of services and functions, provide flexibility and expertise among both staffs, and provide a more efficient use of resources. It was evident at that time one of the departments lacks a full-time fire chief, and both agencies are seeking a better use of limited tax dollars to more effectively respond to increasing call demands and continued growth. After this discussion, and as a result of Interim Chief Hamp's personal and written communication with the staff and Board members, Oceano Community Services District showed no further interest. As a result of the study and recommendations given by Interim Chief Hamp to the Grover Beach City Council (See Staff Report-Attachment 2), that Council made a decision that a fire department structure similar to that which presently --~-~.__..-.__.- CITY COUNCIL CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF CODE ENFORCEMENT MAY 25, 2004 PAGE 3 exists in Arroyo Grande would be established in Grover Beach. The fire organization existing today in Grover Beach is built exclusively around a volun- teer/paid-cali staff, supported by a paid administrative secretary and Fire Chief (See Org Chart-Attachment 3). At the May 3,2004 meeting of the Grover Beach City Council, authorization was given to fund three paid line captain positions, one paid administrative captain position, and three paid engineer positions. Staff was directed to negotiate a cooperative agreement with Arroyo Grande upon approval of this plan by the Arroyo Grande City Council. Currently, a recruitment program is being conducted for these unfilled positions (See Org Chart-Attachment 4). This newly authorized reorganization will provide fire and emergency services to the Grover Beach community at a cost of $56 per capita. Upon the approval of the Arroyo Grande City Council, the proposed cooperative agreement would still result in 2 separate and distinct fire departments, each with their own traditional identities, uniforms, fire apparatus with distinct City logo, and separate funding. However, the agreement would result in both of the organizations being under the leadership of the Arroyo Grande Fire Chief, and both organizations would be served by the Administrative Captain to be hired by the City of Grover Beach (See Org Chart-Attachment 5). Both departments would continue to respond to calls within their own communities, with a boundary drop occurring that would ensure the closest fire resource to respond to provide optimum response time. Additionally, the resources of both departments would be available to automatically respond to one another's communities in the likely and ever more frequent occurrence of simultaneous emergencies. Automatic and Mutual Aid commitments that are currently in place within the 5 Cities and the South County would continue to be supported as they are today. Following is an overview of some of the operational benefits to the Cities of Arroyo Grande and Grover Beach: A single Fire Chief serving both agencies would be able to provide daily oversight of station readiness and review assigned work outputs such as business inspections, code enforcement, vehicle maintenance, emergency response, training, and other related executive management duties; ---- ------------ CITY COUNCIL CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF CODE ENFORCEMENT MAY 25, 2004 PAGE 4 A single Administrative/Fire Training Officer serving both. agencies, working a forty-hour workweek, would be responsible for training all staff participating in the agreement, and could perform other administrative functions. This AdministrativelTraining Officer would be available as a "suitcase" fire captain to replace an absent scheduled duty captain during daytime work hours. A savings in overtime could be realized from this arrangement. As proposed by the City of Grover Beach, this position would also provide administrative oversight and coordination of the code enforcement program; A Volunteer/Reserve Firefighter force would continue to be nurtured to ensure that performance standards are maintained and that a career ladder is available for their personal advancement. During times that volunteer/reserve personnel are not readily available in one station (department), the Fire Chief may utilize volunteer/reserve personnel from the other station (department). This will better enable both cities to continue to utilize the volunteer/reserve personnel on an effective basis, reducing the need for additional full-time staff; Response times could be reduced to certain areas of Arroyo Grande by responding with the closest engine company, regardless of jurisdiction; The proposal creates a structure to provide code enforcement activities on a more cost effective basis, including training and coordination; Specialized equipment or personnel skills could be accessed from both departments, also eliminating the cost of purchasing some of this equipment; Pathways could be created for future cost savings in areas such as fire dispatching services and community based programs such as community preparedness and awareness programs; , A shared radio frequency can be utilized which provides full i nteroperability, will enhance dispatching procedures, and will improve firefighter safety and incident management; Each department can retain its own identity by name; Local control can be retained as agreed upon and as stated in the written agreement; The training program of both departments will be improved, and further standardization between the departments will occur under the leadership of the Administrative Captain, Performance standards will be used that will --------- CITY COUNCIL CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF CODE ENFORCEMENT MAY 25, 2004 PAGE 5 ensure that the training program is effective and that the skills learned are being practiced by the personnel of both departments The volunteer/reserve firefighters of both organizations can be more greatly utilized, with a higher retention rate. As directed by the action of the Grover Beach City Council, a cooperative agreement is to be negotiated by staff to formalize sharing of the Fire Chiefs and Administrative Captain's services. If the City Council of Arroyo Grande approves the cooperative agreement in concept, the staffs of both cities will be prepared to move aheadwith the negotiation and preparation of such an agreement. At this time, it is proposed that if the Council approves the cooperative agreement in concept, the City make an initial commitment to enter into the agreement for a one-year period. It is recommended that if an agreement is pursued, an Oversight Committee be established to address and resolve any ongoing issues involved during this implementation period, which is proposed to consist of the City Managers from each jurisdiction, one member from each City Council and the Fire Chief. An additional recommendation of the proposed organizational change is to transfer responsibility for the City's code enforcement program to the Fire Department engine companies. Chief Hamp has proposed this concept as part of the staffing recommendations for the Grover Beach Fire Department. Under the proposed structure, the Administrative Captain will provide administrative oversight and coordination for the program, including initial and ongoing training. However, the engine companies of each jurisdiction will be responsible for ongoing code enforcement inspections in their respective jurisdictions. Community Development staff will continue to be responsible for inspection of any items specifically related to follow-up of Planning Commission or ARC actions. All other code enforcement inspections would be the responsibility of the Fire Department staff. While the engine company personnel are presently tasked with many responsibilities, it is believed that they will be able to adequately maintain the existing complaint-based program during their normal tours of duty with no additional personnel needed. The engine companies currently perform fire inspections and the Department of Building & Fire staff has extensive knowledge of many of the Uniform Codes and is already involved in a number of code enforcement actions. Training for new responsibilities will be required, but can be incorporated into the overall expanded Fire Department training program. ---- CITY COUNCIL CONSIDERATION OF A COOPERATIVE FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND THE REORGANIZATION OF CODE ENFORCEMENT MAY 25, 2004 PAGE 6 Therefore, with the staff devoted to this function, it is believed the change can both result in improved effectiveness and efficiency. It will result in a significant and recurrent cost savings to the General Fund. Unfortunately, the recommendations will eliminate one existing filled position. However, the City Manager has determined such savings are needed given the current impact of the State budget actions and other City financial challenges currently being faced. If approved, staff will prepare the proposed agreement for City Council approval in June 2004. Implementation would be expected to begin in July 2004. AL TERNA TIVES: The following alternatives are provided for Council's consideration: - Accept and conceptually approve staffs recommendation to enter into a cooperative agreement that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions and reorganize the Code Enforcement function into the Department of Building and Fire; - Direct staff to enter into a cooperative agreement that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions, but do not reorganize the Code Enforcement function into the Department of Building and Fire; - Modify the recommendation and approve; - Do not approve the changes recommended; - Provide direction to staff. Attachment: 1. AGFD Org Chart-Present 2. Grover Beach Staff Report of May 3, 2004 3. GBFD Org Chart-Present 4. GBFD Org Chart-Proposed 5. AGFD/GBFD Org Chart-Proposed Joint Management Agreement ----~-- --- -.----..---". - u -c'i' ~ \~ 55 C ~e:.; u. ~ i 5 .. en ~1 .~ - "2:- 0 t-o ~. ~ SZ; ,t\J g, aa II. i ~ E' i 'lA \ \ t m --- ~ .i . ~ ~ I lIS U1 ~'$ ca. '!i.... 'S6 ~ t ~! - \ u.. - .. ~~ \! "C j '1'1 .- 6> e:.-% \\ S 1"5 \S , c~ 6'li a1 1 c:. \U a ~i 0 " i ------ /. .--------- -------------- .-.. ------- " ',' _'~;' - ',':' (.': ;~~.~:.::cc; " ':' '. "'::' '" '~chin~n~;~ .,;~~', . ;. ". .... "0 . . . S OR" ,:.:.:-~.,. .... ..:...;:,". TAFFREP T -~:. '. . .....~:;>~.~:;..:-.~;::'"'<:'..:~-.::,...:.:.-:..~~F~!~;.~4?~..;~~.:;.:..:;...".,......~:..~~~~::~::_.; .'~ ""-.-'. ~-' .... -. h~~~ ~. TO: . . HONORABLEMAYORAND'CITYCOUNCn.-""~' ....." " ~.'.. 2>= .--....- .~OM:-...DOU~R.~'~~'~..:, .. .~'<':.:'.. ': '" ". ," .- .,':''''':..';~:::.:' 0' ......-.. '-.. '::"'.'.~.~'~:.. ~.':'..".';,,;' ;'~""~'..J,.~.:...-..:"...".' :.'. SUBJECf: ENHANCEMENT OF CURRENT FIRE AND LIFE S~TY SERVICES. . : ,; ."'-..' '.r- . . . BACKGROUND' At the City C011I!cilIIJ.eeting held on January 20, 2004, the City Council directed staff to develop alternatives to provide fire and life safety servic~ to the citizens of Grover. Beach. The identified alternatives included: the enhancem~t of current services p.rovided.by the Grover Beach Fire Department, contracting sel)dces with the California Department of Forestry or . providing services by cooperative agteetiient I consolidation with neighboring 'agencies, DISCUSSION . The Interim Fire Chief immediately began investigating the alternatives to provide fire and life . safety services by meeting with the aforementioned agencies to 'determine whether there was ~ interest-in o~r."'~eC!t .!:Io..wever, durinS injtial meetings with these agencies, the following question was' presented ''what services would Grover Beach want to contract for or what does Grover Beach have to offer in a cooperative a~~a1:'or consolidation," It' appears that without a viable product (i.e,. peo~~l.~agencies are lukewarm to the conce~t. Contracting services requires taking possession of an existing program and m~agjng it. Because Grover Beach operates its Fire Department without career staffing, the City's ability to negotiate an inexpensive contract is very unlikely, The .contracting agency would have to provide its own full-time staff or employ qualified G1'over Beach fire personnel. This staffing -. equates to dollars, . To create a cooperative agreement or consolidation, Grover Beach would be expected to provide . a guaranteed quality response and a viable product, i,e., personnel~ equipment, etc. A "partnership" of this type requireS Grover Beach to enhaIice ii$ current fire and life safety services, In. order to better define what this enhancement should include, we need to define today's fire and life safety riskS, . .. . .......- .~.-.- . .... .. -. . -..... -., . . ..-.. .' ...- '. - -- ".,. .., .. ': roo, ~ o. .. .... " . - . 0" .-............ ... ." ... - .._ -_ _0_... ",- -0 ._-.'_......- APPROVED FOR FORWARDING . - . Please Review for the PoSstbDity of a .: <; -.". ~~~',~ ::';~ .!:'\ .. . .... .'. . . PotentialConfJictofInterest: ..':;~':., ..'::,... ..." ,. ..~~.- . . . ,...:';>-".:;:.:~r::':: ";_". .~. '.., .:. NoneIdentifiedbyS~ :'ArnoldSen. ,..., . 'r "':i~:-~'L~..":',' .-',' , '.. . Santos,-' .' .,... . Ekbom'.. " "-~-';;iiiiii~'i~3j~'r1It~~Ro~~:~;;,~;:~"~~~~.~;.~r'~$~ . Meetlng-- Date:::; May 3 2004 ,.".::. -.. ': . . ". .. . . . ...... .'. Ag. enda ItemNo .. ' :'..,,: .... .. -~:'::'::~/:~:.t. . t. .-' . ..... ":- - .- - . -, .- . . ~".z.;:-_.- _.!......__._~_ . ._0' ." . .. ---. , . , , Staff Report: Enhancement of CUffent Fire and Life Safety Services Page 2 May 3, 2004 . .0.. . ._. Risk is the result of what has been allowed or permitted to occur, In the early 1970's a term was used to evaluate community fire risk potentials, "what is there to bum.~" The assessment was generally left up to the insurance industry, In later years, Master Planning was the tool used to evaluate risk potentials, Today, the task of making a proper assessment is even more complex. The political process uses two types of information to perceive how serious a community's fire and life saiety risks are: technical input and financial facts, Financial facts such as community revenues and expenditures are used to determine. how much can be spent to address a community's fire and life safety problems, Technical input must provide raw data, void of emotion and bi~es. Technical Data: . The industrial and manufacturing areas of the City have deteriorated and detract from spoken community values, . . ,.. - . Development of significant downwind exposures to residential land uses from the railroad, commercial and industrial area have been allowed to. expand. . A large number of mature structures exist within the City, moderate fire risks are associated with these occupancies and will remain Until the structures are replaced by new d~velopment. . Due to redevelopment to~ard the sky and the trend to develop multi use occupancies, the residential population, along with the day use/visitor population, will continue to increase and new fire and life safety challenges must be addressed, . The City is proximal-to active and potentially active earthquake faults capable of producing strong ground motion in response to.seismic activity, Portions of the City are. underlain by layers of unconsolidated, recent alluvial soil material increasing the risk of experiencing the damaging effects of ground shaking. .. New growth has been allowed or permitted without concurrent growth of fire and life safety services. . Call demands for fire and life safety services are at a level exhausting the current "paid- call" firefighter staffing program, . The once volunteer, now paid-call program, has become a second job, with "bum out" taking its toll, Once a community becomes aware of its fire and life safety Vulnerabilities and risks, human nature is to ask, "how and why did the City allow fire and life safety services to falter?" As your advisor and fire chief, I believe that an appropriate answer is, the Fire Department itself. The top fire official shoulders the responsibili~ to define what is at risk in a community so policy makers . can make an informed decision about the appropriate level of service, The Fire Chief is the most likely'person to be recommeJ;lding service levels during budget deliberations, However~- the Fire Chief is not the only person to be accountable if there is a system failure, The community;' usually through a political process, must convert the Fire Chief s r~mmendations, first into policy, and then into dollars and cents through the budgetary process, Elected officials set the service level in competition with other service demands. If important data related to the sizeaIid .._--- scope of the fire problem are missing, then fire and life safety services may not receiye the . ~ .,.-- prioritY it deserves in budget deliberationS, . . -. . . .. - --- -- , . . . , . . Staff Report: Enhancement of Cummt Fire and Life Safety Services Page 3 May 3, 2004 . . In researching City documents, it is obvious that fire and life safety has historically been a low priority, This observation is substantiated within the City's previous budgetary processes, .The Community Planning Goals within the Land Use Element of the City's General Plan reads as follows: GOAL 5,1 - Grover Beach should be a City which chooses its own future, rather than. allowing it to develop ~guided; and GOAL 5,2 - Grover Beach should be a City which is proactive in the planning of facilities and services if they impact the goals and future of Grover Beach, Hpwever, the Housing Element, adopted in December of2003, makes no mention of tire and life safety impact mitigation, The City has had opportuniti~ to address fire and life safety issues, but it may be that historically the Fire Department has provided vague information, Credibility increases with facts and degrades with opinion, Elected officials, given good information and hard data rather than vague statements, are more likely to make good decisions. .". , ~ . . We can make significant strides in controlling fire and life safety risk potentials at an acceptable level for existing hazards, while concurreI1tly addressing future risk by implementing the attached Grover Beach Fire Department Service Delivery Plan. The plan outlines two separate a1temative~, including financial facts, for the City Council to consider for adoption this evening. . ALTERNATIVES The City Council has the following alternatives to consider: - .. .,.... 1. Adopt the Resolution to authorize and implement Attachment 1 - Grover Beach Fire Department Service Delivery Plan - Optimum Option, direct staff to . implement the cost savings plan by negotiating a cooperative agreement to share Fire Chief services with neighboring agencies, and implement an engine company code enforcement program. 2, Adopt the Resolution to authorize and implement Attachment 2 - Grover Beach Fire Department Service Delivery Plan - Minimum Option, direct staff to implement the cost savings plan by negotiating a cooperative agreement to share Fire Chief services with neighboring agencies, and implement an engine company code enforcement program, . , 3, Give staff direction, . The Optinium Option is the most beneficial plan for the City and its citizens, This alternative generates greater work outputs toward community safety, takes advantage of current funding and is proactive in reducing future growth impacts, . . . . . .- .._-. , .. h ------- ---- . .. . , Staff Report: Enhancement of Cummt Fire and Life Safety Services Page 4 May 3, 2004. ; RECOMMENDED ACTION - It is recommended that the City Council approve-Alternative 1- Optimum Option and direct the City Manager to in,clude the option in the proposed FY OS Annual Budget utilizing one-time resources to fund the one-year trial proposal, It is further recommended that the City Council direct staff to implement the cost savings plan by negotiating a cooperative. agreement to share Fire Chief services with neighboring agencies, as well as to implement an engine company code enforcement program. - - FISCAL IMPACT ~ The fiscal impact will vary, depending on which Grover Beach Fire Department -Service Deliver Plan is adopted, Alternative 1 - Optimum Option would have a General Fund annual net fiscal impact of $ 145,494, Alternative 2 -MyPmum Option would have a General Fund annual net fiscal impact of$102,510. Alternative 3 -~This option provides several alternatives for funding the Fire Chiefs proposal, which include the following: . Reduce expenditures in the Fire Department. . Reduce expenditures in other General Fund operating programs. . Rely on one-time resources during the trial period. . Increase revenues through a special tax, . Increase revenues through the imposition of a special assessment. . Increase revenues through a general tax increase, . Some combination of the above":indicated ways. The most attractive alternatives would be the following: 1. Use one-time resources to fund the one-year trial proposal and develop an ongoing re,,:enue source to fund an ongoing program. 2. Seek two-thirds voter approval of a Special Tax~ 3, Hire an assessment engineer to develop an assessment sp~ad for a Fire Suppression Assessment. (This option could require a majQrity approval of the voters,) 4, Hire a consultant to develop Business Tax alternatives, 5. Increase the Utility Users Tax to a 2,5 percent levy, (T!ris option could be accomplished by a super majority vote of the City Council.) Alternative 5 may be the most attractive approach for a long-term solution, -but since the proposal is for a one-year trial period, Alternative 1 may b~ the most prudent short-tenn approach. PUBLIC NOTIFICATION The agenda was posted in accor4ance with the Brown Act. , Attachments - 1. Grover Beach Fire Deparbnent Service Delivery Plan - Optimum Option 2. Grover Beach Fire Deparbnent Service Delivery Plan - Minimum Option 3, Growth Management Plan - 4. . San Luis Obispo County Fire Deparbnent Salary Survey 5. Nationally Recognized Fire Deparbnent Staffing Standard Recommen~tions 6. Options to F~d the PropoSed Fire and Emergency Medical Services Program . .. .. . . ATrACHMENT 1 . GROVER BEACH FIRE DEPARTMENT SERVICE DELIVERY PLAN OPTIMUM OPTION .- ----. Optimum Option Service Level: < One qualified Training Officer (Administrative Fire Captain) 40 hours per week < Two qualified on-duty shift personnel 24 hours a day 365 days a year. < Fill each shift with one full-time Fire Captain and one full-time Fire Engineer < - Supported by part-time firefighter s1affmg and continued paid-call 1 reserve fJI'efighter program Optimum Option Service Delivery Plan Financial Facts: .. - ADMINISTRATIVE FIRE CAPTAIN: Total Cost of Year 1 full-time Monthly Salary for this position ".;';';'''' , ~ $3539 - $4302 567,805 FIRE CAPTAIN: "",.. Year 1 Compensation. Total Cost of Year 1 . ~ full-time Monthly Salary including Benefits for three Positions $3539 - $4302 $73,980 $221,940 .. -- FIRE ,ENGINEER: Annual Compensation Total Cost of Year 1 :' full-time Monthly Salary including Benefits for three Positions $2804 ~ $3408 $60,924 $182,772 Part-time Firefighter Staffmg (260 shifts per year)..............................................................................................$58,486 Paid Call Firefighter Cost......... ............................................... ..... .............................. ................ ......... .............. 38.754' TOTAL PROPOSED ANNUAL STAFFING COST....................... ............. ............. .......... .......... ...................... $569, 757 Service Delivery Plan Proposed Cost Savings: Volunteer Firefighter Stipends $107,674 Provisional Fire Captain Annual Compensation (one-half time) 50,874 Provisional Fire Engineer Annual Compensation (one-~lftime) 45,786 Fire Response - extended call pay . 323 Basic Recruit Academy 3,391 Fire Chief Annual Compensation 114,167 1.5 Code Enforcement Officer Annual Co~ation 63,048 CDBG Reimbursement for CE in Redevelopment Areas . 39.000 ,TQTAL POTENTIAL COST SA VINGS .....,..................................................................................,.............. <$424.236>' . . . - . ~. . .- . -. .--.-.-....- ...-..... OPTIMUM OPTION GENERAL FUND ~AL NET FISCAL IMP ACf ...................~:.~~S145,494 _ __..._..__. _._..___ .'__.4_ ... u __ _." __ . - .. . . +~- -- ._. - -- - -- . --" . - - '. , . . '. . '. ." A1TAaiMENT 2 - , GROVER BEACH Ji,'nU: DEPARTMENT SERVICE DELIVERY PLAN ' - ,. MINIMuM OPTION, ,. - . Minimum Option Service Level: , < One qualified Training Officer (Administrative Fire Captain) 40 hours per week < Two qualified on-duty shift personnel 24 hours a day 365 days a year < Fill each shift with one full-time Fire Captain and one full-time Fire Engineer < Supported by part-time firefighter Staffing and continued paid-call I reserve firefighter program Minimum Option Service Delivery Plan Financial Facts: ADMINISTRATIVE FIRE CAPTAIN: . Total Cost of Year 1 . full-time Monthly Salary for this position $3539 - $4302 $67.805 FIRE CAPTAIN: - Year 1 Compensation Total Cost of Year 1 , ~ full-time Monthly Salary including Benefits for ~ positions $3539 - $4302 $73.980 $221.940 FIRE ENGINEER: Year 1 Compensation Total Cost of Year 1 . full-time Monthly Salary including Benefits for three positions $2804 - $3408 $60,924 $182.772 Vacation and Sick Leave coverage by part-time flI'C personnel (75 shifts) ........................................................$15.502 Paid Call Firefighter Cost ...........................................:................................................. .......... ........... .............. 38.754 TOTAL PROPOSED ANNUAL STAFFING COST....... ....................................,..... ............... ........................... $526. 773 Service Delivery Plan Proposed Cost Savings: Volunteer Firefighter Stipends $107.674 Provisional Fire Captain Annual Compensation (one-halftime) 50.874 Provisional Fire Engineer Annual Compensation (C?ne-half time) . 45.786 Fire Response - extended call pay . 323 Basic Recruit Academy, . 3,391 Fire Chief Annual Compensation 114.167 1.5 Code Enforcement Officer Annual Compensation . .. 63.048 " CDBG Rc~burscment for ~ in Redevelopment Areas 39.000 TOTAL POTENTIAL COST SA VINGS ...............................::...........::..............................:.......................... <$424.236> ~. .. ... - ." ..- - ~ -.. ._.- ,~.--.~..-.-. ,.--. . .-. --..- .....-..- -. ..-- -. MINIMUM OPTION GENE~ FUND ANNUAL NE!: FISCAL IMPACT ....,_.....__.._~~S102,510 ---.. .--. -.... .. ..- . . -. - .- - -- ..- -. .-. - -. _. - .. .. -- b.. _. -- . -.-. -- . , ----- -------- - ~ . ~. - . A1TA~3 GROVERBEACB FIRE DEPARTMENT ~ROWTII MANAGEMENT PLAN .... Back2I'ound: In Support of the Grover Beach City Council's authorization and implementation of a service delivery plan to provide full-time staffing of the Fire Department, a Growth Management Plan has been identified. The int~t of the work outputs is to protect the "quality of life" of the citizens of Grover Beach and its visitors by being proactive in our community development and protection of taxpayer dollars, These work Qutp1lts will provide for additional public education intended to reduce the opportunities for illness. accidents or injury within the ho~e or the workplace. The fire and life safety business inspection program is intended to reduce the chances of fire. which may result in property loss, unemployment, loss of buildings, and tax base.. Additional programs will be oriented toward controlling cmrent Department expenditures and~avoiding future costs. . Position Resnonsibility Summary: The Fire Captain would manage many oftgday's existing programs, and assist in the development of identified future programs in order to allcviate1he budgetary subsidization from the general taxpayers. The Fire Captain must be a well-trained'"emergency strategist, tactician, people manager, and leader.. He or she ;must be fiscally responsible,.have excellent people skills and live by established Department . Values. The Fire Engineers' duties would include: maintenance of all emergency response equipment,. driver operator I pump operations at emergency scenes. proficiency in emergency medical operations, and assist with other related duties. The Fire Engineer would also be trained by the Fire Captain as a relief Acting Captain for any shift where a Fire Captain is absent. Both the I:ire Captain and Fire Engineer would be mentors for other paid-call or reserve staff members, . During each 24-hoUf. shift the on-duty crew would manage new and annual business inspections, conduct City water system testing and flushing in cooperation with Public Works personnel, and be available for additional traitiing of paid-call or reserve staff.. Other assignments would includ~ the development of community-based emergency training programs, disaster preparedness. CPR programs, home safety inspections and the like. The development of engine company code enforcement activities would be incorporated into daily a~tivities in order to maximize financial efficiency while protecting our "citizens' quality of life. " This service plan will allow the City to keep abreast of serving today's needs while preparing for future community growth. . The majority of the outlined work outputs, on the following page, have indirect revenue generating potentials. These work outputs will be conducted, to varying levels of success, with each of the service delivery plans presented, Although the work outputs will be completed no matter what service delivery . plan is implemented, it is understandable that the lack of continuity within a shift may impede some progress in; completing many of the tasks outlined. . , -- .-- ..._ ._._ n .__ ... ..., ... - .. .. - .. _._.. .. .-. .. . - I ---_.- - . -. o. - - -.. - ~'I'!~CBME~.3-eontinu~ OUTLINE OF SPECIFIC WORK OUTPUTS . 1. Implement a Business Fire and Life Safety Inspection Program, (Production) . Utilize a fire and life safety self-inspection program for all small, low-risk businesses. This program will provide adequate reductions of fire hazards by use of an affidavit signed by the owner of the business or hislher representative. Spot inspections will be used to monitor the . program's success, . Conduct engine company fire and life safety inspections of all large, high-risk businesses. These properties pose a high risk to loss of life and property. . The objective of both of these inspection programs is to reduce the chance of: citizen injury, fire, P!operty loss, and unemployment, which may ultimately result in loss of tax base. 2. Monitor Community Business Tax Certificates, (Revenue) . During the business inspection process, Business Tax. Certificate numbers will be requiied on all forms submitted to the Fire ~artment prior to completion of the inspection process, Any business without a currentBusiness Tax. Certificate win be directed to contact the Administrative Services Department to apply for a current certificate. .0 3. Promote FREE Residential Fire an~ Life Safety Awareness Inspections, (production) . These inspections will be done without any owner compliance requirements. . Utilizing common marketing tools, the f1i:e department will advertise FREE Voluntary Residential. Home Inspections. . The process uses a correction sheet, using happy and sad faces for common hazards known to start fues or cause injury. once the inspection is completed, the fU'Cfighter reviews the correction sheet with the resident and leaves the form so th!it the corrections can be voluntarily made. . This program will also promote the existing "Operation Smoke Detector" program that offers free smoke detectors and batteries. 4. Assume Community Fire and Life Safety Code Enforcement Responsibilities. (productionlIndire~t Revenue) . Code enforcement reduces blight, encourages new business, welcomes visitors/increasing tourism and reduces crime. . An Engine Company's time is eligible fot CDBG reimbursement when activity js based in RDA areas. . Eliminates the need for a one and a half time code enforcement officer at an annual cost of $68,520. . The Fire Code, in partnership with the Municipal Code. provides a greater scope of authority in obtaining code compliance, . -. 0/ -- ----.,. - . -.-'-0 .._. .- - 00 00 - ---~- -- . ~ .- - , , -- - --- . . -'-..--. . - A1TACBMENT 3-continued Outline of SpecifIC Work Outputs - continued S. . Reassign the City Disaster Planning Program to the Fire Department Personnel for Plan -; Mainte.nance and Implementation of a Training Program to Train City Staff. (Production I Cost ~'Recovcry) . By nature, the Fire Department is an "all hazard - all risk" department, that cannot pass off its obligation to other departments. . . On a daily basis, the Fire Department utilizes commonly accepted ~cidcnt management procedures and is prepared to handle escalating emergencies. This trait uniquely qualifies the department as a good caretaker of the City's Emergency Plan and trainer of City staff in disaster _.. response and management . "" 6. Provide Community Disaster Preparedness Program to the CitizeDS~ (Production) . Host community-based di9as'kr a.warcness fairs that address specifically known community threat _. potentials. . Invite outside agencies that would assist Grover Beach 4uring such emergencies, to participate in --- the fair by providing citizens with education materials and demonstrations. . Citizens who are well prepared will be aware of how to survive or react during a major incident. - 7. Develop and Train City Staff and Citizens to Stand Alone During Major Emergencies. (production) ....~.- . During a regional disaster, neighboring resources will not be available to assist Grover Beach until their own communities are safe. -- - . Grover Beach citizens and City staff must have an understanding of how to survive and restore services until outside help is available. . This plan will entail Fire Department personnel to develop a 72-hour stand-alone surVival preparedness plan for citizens and City staff to follow in the event of a major disaster. 8. Fire Personnel will Continue to Research and Apply for Grants, (Cost Avoidance) . During the course of reguiar duties, fire personnel will constantly look for means of funding operations by use of grants or other alternative means. . Any grants or alternative methods of funding that arc found rc~ting to City functions or communi?, weUness will be forwaidcd to 'appropriate City staff for consideration. , . 9. Provide for City Council consideration a modified automatic fire sprinkler ordinance. (Cost Avoidance) . This plan would protect the tax payer from funding signification expansion of the Fire Department . Automated life safety systems also protect our citizens and their property at a greater level ..- , -. ---. -- - - --- - . --'-"'1 -- .- . ------ -- . A1TACBMENT 4 _.,_.. .. _, . _._. - - . .___ "0. .._ ___0___ . . San Luis Obispo Cou~ty Fire Departments ~ . Salary Survey $4267 - $5185 S3589 - $4362 $4216 - S5125 S3553 - $4319 S3800 - $4619 S3440 - $4182 $3648 - $4432 - $3325 -$3849 $3539 - $4302 $2408 - $3408 $4243 - $5157 $3691- $4486 . $4631 - $5883 $3450 - $4385. $4329 - $5262 $3666 - $3730 $5195 - $6378 $3450 - $4385 $4229 - $5140 $3700 - $4495 .Firefighter position with Driver/Operator capabilities Benefit Compensation Percentages 56%. 49,4%. 72.6% -89.6%. f 3996. 46.5% 38% - 68%* 49% - 66%* 29,94% 56.4%. ._ . .'. 38%..... _ -.. -.-.- . :~.__ " ., tit is hie : . lcare, Workers Compensation. -. Retirement (*eiiiployer and emproj~epoi:Jion paid by employer,.. employee portion split), 'Metlical/DentaVLi[e ... - . ... + . .. - . - -- __ .... ...~ :"__, .....:-~'n. .' 0_ . . "._. _ _ '. - ..:- .~ .... ~~-_. - - - t ,: _. -------- - - . ., A1TACBMENT5 _ '- , . - - - TABLEt - -- -- .. . ----- ----~ ~- . MINIMUM FlREFlGBTlNG PERsONNEL NEEDED ~ASED UPON LEVEL OF RIsK Target .' Task . Hazards High Risk Moderate Risk Low Risk Attack Line 4 4 2 2 Search & Rescue .4 2 2 Ventilation 4 2 2 Back up LineJRapid Intervention 2 3 3 2 Pump Operator 1 1. 1 1 Water Supply 1 1 1 Utilities Support 1 1 1 ComiilandlSafety 2 2 2 1# Forcible Entry - Accountability I Salvage ".. - . Overhaul - Communication 1- Chiefs Aide 1 1 Operations Section Chief 1 Administration * '.', Logistics 1 Planning 1- Staging 1* --- Rehabilitation 1 '~ "Division Chiefs 2* Evacuation 10* Stairwelll vertical Support 10* RelietJRapid Intervention . * * ,- - Investigation * Totals: 49 17 14 6 · At maximum and high risk fires additional firefighters are nftded to cover various points of attacJc as wel as providing/or incident management.- # Can often be handled by first-due off'"', Source: Rochester MN Fire Department, Hunt Research Corporation and the Commission on Fire Accreditation International and the National Fire Protection Association . - - . - ~. - . -.- - .- - . - - - - -- - ..., ". , . . . ~ - ..... -_..-- - ,- --- --------'.-- . A1TACHMENT 6 OPTIONS TO FUND THE PROPOSED. FIRE AND EMERGENCY MEDIC~ SERVICES PROGRAM . - , - Overview The cha1lenge of funding an enhanced fire and emergency, medical services program may be met in any of the following ways: . R~uce expenditures in the Fire Department. . Reduce expenditures in other General Fund operating ,programs. . Rely on one-time resources during the trial period. . Increase !evenues through a special tax, . Increase revenues through the imposition of a special assesSment. . Increase revenues through a general tax increase. . Some combination of the abov~dicated ways, , ~ Expenditure Reductions ; The Fire Chiefhas already identified savings that would occur in the' Fire Department's budget due to the proposed change in staffing, He also identified the s~vings that would occur in the Police Department by having the Fire Department absorb the Code Enforcementprogram. Other General Fund-Supported Departments .-. . -.. Reductions in the proposed budgets of other General Fund-supported activities could be used to fund the Fire Chiefs proposal. If Alternative 1 - Optimum Option were selected, reductions in the operating budgets of other departments would be devastating to their ability to provide basic public services and programs, A reduction.of$14S,OOO (which assumes the use of $39,000 in CDBG funds) would be comparable to the elimination of the Legislative program, or over half of the General Accounting program, or the entire City Shop - Corp Yard program, or the entire Recreation program, or 10 percent of the Police Operations program, Another way to quantify the problem, assuming the Optimum Option and no CDBG funding, the shortfall of$189,494 would equate to about 70 percent of the annual commitment of General Fund resources to the Local Street Improvement Program. . Other reorganizations incorporated into the proposed budget would have a positive impact on the General Fund's "bottom line," and therefore the ability to absorb the Chiefs proposal, These laf:ter reorganizations have not yet been quantified by staff, or approved by the City Council, They are also not likely to be sufficient to address the entire shortfall that has been identified by the Fire Chief, . 0 , _ _.. _n.' _ --- -- - -' _. .- .,,..,.. ...,-- . - . . . . .- -- ---- ---- "- . - , TABLE 1 MINIMUM STANDARDS OVCOVER FOR 1080 SQUARE FOOT DETACHED SINGLE-FAMlLyRESmENTW. OR SMALL COMMERCIAL I INDUSTRIAL FIRE BASED ON NECESSARY FIRE GROUND TASKS - The table.below illustrates the number ofpersonnehequired to control and ~guish a fire in a 1080 square foot residential or commercial structure, As outlined in the table. this relatively small incident requires a significant percentage of staff from our own Fire Department, plus additional staff from automatic and/or mutual aid agencies. In order to receive the fourteen Firefighters and one Chief Officer required to control this fire. four three-person companies (four engine companies. one aerial truck company and a chief officer) will need to respond. . Task Number of Firefightcrs CoDipany Assigned. GPM Attack Line 2 lit Engine 180 ~ S~ondary Attack Line 2 2M Engine 180. . Search & R.escue 2 Truck ",. V entilationlSalvage 2 Truck Back-Up LinelRapid Intervention 2 3"' Engine Pump Operator 1 Water Supply 1 4111 Engine ".; Utilities ~upport I Rescue or Truck u Command I . Chief Officer Safety . I Rescue or Truck Total Personnel 15 360 . ' 24 GPM per firefighter \ Source: Commission .on Fire Accreditation International and Hunt Research Corporation, National Fire Protection Association. . - . . - ------ . .-' ... .. . -- -- ,.- . - '- ---_.~-------- ~ AITACBMENT 6 - continued Shifting General F~d Expenditures to the CDBG Fund -.. . .-. . _.~ _ ~4' _ . .. .-.... With.the proposed shift of the Code Enforcement Program to the Fire Department, it would be appropriate for the CDBG funding allocated to address the e1imination of blight and blighting '. influences in the Improvement Agency Areas to be utilized, ~ Substituting CDBG funding reduces the reliat;J.ce on the ~eral Fund, while at the same time addressing the need to spend CDBG funds on eligible activities to avoid losing future allocations for failure to implement the CDBG _ program. . . Revenue Increases Use of One-Time Resources - ~. ,. SUfficient one-time resources are available from CDBG and General Fund Reserves to provide gap funding of the proposal for the one-year trial period. During that period, local revenue raising 'options could be pursued, ~d tire &.tate's fiscal crisis may be resolved, Special Taxes Special Taxes may be imposed to recover costs for specific services, Government Code Section 53978 provides . for the imposition of a Special Tax for Police and Fire Services, In order to - impose such a tax, the City Council would have to adopt an ordinance setting out the 1?asis for the special tax, the applicable uses of the proceeds, the amount of the tax, the basis for annual adjustments in the tax, etc, The special tax ordinance would then have to .be approved by at least two-thirds of the voters voting upon the proposition, The tax could recover all of the costs of the both the Police and Fire Departments, or only a portion of either or both. Imposing a Special Tax for Police and Fire Services for any amount in excess of the shortfall identified by the Fire Chief would free up General Fund resources for any eligible activity, For example, if the City ~ouncil wanted to enhance the availability of funding for General Fund activities such as the Local Street Improvement Program, it could do so by imposing a voter- approved Special Tax for Police and Fire Services.in an amount that exceeded the shortfall. The . residual General Fund resources freed up could be used for any General Fund purpose, If the Council intended to restrict the residual to other specific uses, it wo\lld prob.ably be advisable to have the voters consider a Parcel Tax for the Local Street Improvep:lent Program, as well as a Special Tax for Police and Fire Services, . Special Taxes may not be levied on an ad valorem (property value) basis, Only Property Taxes may'be based on property value, It is permissible to collect Special Taxes on the property tax . bill, Since these. taxes cannot be based on property value, they must be based on some other criteria s:uch as use, siie, number ofuriits, etc~ Many communities considering imposing special . taxes hire a consultant to advise them about the options, . . . .. ~ ~ . ... .. . ... .' . - ...<- - . . ---_._-- . ~ A1TACHMENT 6 - continued Fire Suppression Assessment Government Code Sections 50078 et seq, provide for a Fire Suppression Assessment to recover the costs for fire ap.d emergency mf?dical services, equipment and facilities, Assessments m,ay be based on types of property use and or risk classification, Risk classification may include the . amount of water required. for fire suppression, the structure size, type of construction, structure use, or other factors relating to potential fire and panic hazards, Assessments for land devoted. to agriculture, timber or livestock must be based on the risk to the land and its products.. . The higher level of complexity in allocating costs based on risk or use enhances the ability to defend against legal'challenges, For this reason, many communities hire an assessment engineer to develop the assessment spread, After developing the basis for the rates, there are noticing requirements, a public hearing must be conducted, and if sufficient protests occur, and election must be held, A majority protest would preclude the Council from levying an assessment. General Taxes ". , ~ There ~e two or three "General Taxes which could be adjusted.togenerate additional proceeds to the General Fund. General Taxes which are used for general purposes are not subject to the two- thirds voter approval requirement of Special Taxes. In other words increasing the rates for General Taxes and tying the increases specifically to Fire Service enhancements could leave the . City wlnerable to a complaint that such increases are Special Taxes requiring a two-thirds voter approval, -.- The following General Taxes could be adjusted to generate additional resources to offset the shortfall: - . Business Tax - The City's Business Tax is levied on a flat basis, It could be imposed as a percentage of gross sales, or gross. sales within in broad categories, This would allow this revenue to grow in proportion to business activity, It would also mean that the revenues collected. would decrease with downturns in business activity, This kind of a change in the levy could be adopted by the approval of at least two-thirds of the City Council, Due to the complexity of this change, it may be appropriate to hire a consultant to develop alternatives for Council consideration, . Transient Occupancy Tax - The City's TOT is a 10 percent levy. This is Consistent with the level of most of the rest of the County, It could be raised to say a 12 percent levy, This taX only raises about $160,000 per year, so 81rincrease of one percent would raise about $16,000 per year, . Given the City's economic development efforts, this may not be a good target for addressing the shortfall. - . .Utility Users T~ - The City imposes a one percent levy on electric, gas, water, ~d telephone utilities, This local tax raises about $126,000 per year, The statewide average for Utility :Users Taxes is over five percent. The City could increase the ~evy by l.~ ..: percent to generate sufficient resources to fund the proposal, without relying on CDBG .' funding: A 2,5 percent general ~ l~vY imposed for general purposes would be less than ~alf of the statewide average, _.---- --.-- ~ \ .. ~ ~ ~ , . s- a ! u:. t , . , I " -' -------- ------------- -- -------- -- --- ~ 1 i 1- .. ~. ~ \ , \ I>> c:a CD. ~ ... t I ., I " ---- ------ ----------- ~. --- -- ,. . , -1 ~ :g .c II =~ :'3 ii --0 .5e:. .5K Ie: i EU) lrl. It) ~ ... .... - CJ c .c: CD E u E .c II u 1: CI>> ca ~ III I. .. = & e . c:) ! .... I. - 6 II. t:a "Ii il If) c E .I 'a '; -- .c 0 .. ! .- I LL u II ..~ c'i' ... Ii l~ e :lEi ~..e:. u. .... all CI>> -a II r: :a l! ... l j c:) I: -- f ~ I! Ii: .~ e c & .... ... 8 .c S'51'J e 'i . ~~ ir. il ~ i i cA. ~_ - -- Q.o E e:.. ~ - - Attachment 2 AGREEMENT FOR MANAGEMENT AND ADMINISTRATIVE SERVICES This Agreement is made and entered into this day of 2004, by and between the City of Arroyo Grande, a municipal corporation (hereinafter referred to as "Arroyo Grande") and the City of Grover Beach, a municipal corporation (hereinafter referred to as "Grover Beach"). RECITALS WHEREAS, Arroyo Grande provides fire protection and emergency medical services (EMS) as provided for in California Government Code ~ 38600 et seq. within the jurisdictional boundaries of the City of Arroyo Grande, California; and WHEREAS, Grover Beach provides fire protection and EMS as provided for in California Government Code ~ 38600 et seq. within the jurisdictional boundaries of the City of Grover Beach, California; and { ~ , ". WHEREAS, the Fire Chief of Grover Beach has retired; and WHEREAS, due to the proximity of Arroyo Grande to Grover Beach, mutual cost savings are available to both agencies by sharing certain specified fire protection and EMS services; and WHEREAS, Grover Beach desires to retain Arroyo Grande to provide management services for its Fire Department; and WHEREAS, Arroyo Grande desires to retain Grover Beach to provide administrative services for its Fire Department. NOW, THEREFORE, in consideration of the mutual covenants herein made, the Parties agree as follows: ~-_..._--_. ---..._-- ------~._------ Management and Administrative Services Agreement Page 2 1. Purpose. This Agreement when executed by the Parties hereto shall constitute an engagement of Arroyo Grande by Grover Beach in providing the management services of a Fire Chief to Grover Beach for the operations of its Fire Department and an engagement of Grover Beach by Arroyo Grande in providing the administrative services of a Training Officer to Arroyo Grande for the training of its Fire Department. 2. Management Services. Arroyo Grande shall, at its sole cost, furnish the management services of a Fire Chief to Grover Beach in order to operate its Fire Department. Said management services shall include the following: a. Under the direction and supervision of the City Manager of Grover Beach, supervise and provide direction when needed for fire prevention and suppression activities and EMS of Grover Beach. b. Conf~ with Grover Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the Grover Beach Fire Department to its citizens, c. Attend and represent the Department and the City of Grover Beach's desires and directives at various local and regional meetings (i.e., City Council (when required), City Manager, schools, and County Fire Chiefs, etc.). d. Supervise the oversight and management of personnel of the Grover Beach Fire Department. e. Supervise the purchasing of materials and equipment within the budgetary constraints of Grover Beach, f, Supervise adherence to Grover Beach's City and Department policies and procedures (i.e" personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operation policies, MOU, vacation and sick leave policies, etc.). g. Respond to citizen complaints regarding personnel or services, requests for services, and mqwres. -~_.~~"----_.~- Management and Administrative Services Agreement Page 3 h. Promote a harmonious working relationship between fire prevention and suppression personnel of each agency while striving to uphold each Department's Mission Statements. 1. Provide duty coverage for Grover Beach. 3. Administrative Services. Grover Beach shall, at its sole cost, furnish the administrative services of a Training Officer to Arroyo Grande in order to train Arroyo Grande's Fire Department. Said administrative services shall include the following: a. Under direction of the Fire Chief, coordinate the training program for the members of the Arroyo Grande Fire Department. b, Prepare and oversee training program. c, Monitor required annual training attendance records, d, Ensure annual state and federal training mandates are met. e. Act as Grover Beach Fire Department liaison to the Arroyo Grande Fire Department and City Management. 4. Employees, a. All personnel hired by Grover Beach for its Fire Department shall be employees of Grover Beach, and shall at all times be subject to the direction, supervision, and control of Grover Beach directly or by the Fire Chief acting on behalf of Grover Beach pursuant to this Agreement. Grover Beach shall have the sole responsibility of paying the salaries, payroll taxes, inCluding, but not limited to, Federal Social Security taxes, Federal and California Employment taxes, and all other employee-related expenses, including but not limited to Workers' Compensation Insurance and Retirement Benefits regarding the employees of Grover Beach. b. All personnel hired by Arroyo Grande for its Fire Department shall be employees of Arroyo Grande, and shall at all times be subject to the direction, supervision, and control of Arroyo Grande. Arroyo Grande shall have the sole responsibility of paying the salaries, taxes, including, but not limited to, Federal Social Security taxes, Federal and California Employment taxes and all other employee-related expenses, including, but not Management and Administrative Services Agreement Page 4 limited to, Workers' Compensation Insurance and Retirement Benefits regarding the employees of Arroyo Grande utilized by Arroyo Grande to provide the services under this Agreement. 5, Comvliance with Applicable Statues. Ordinances and Regulations. In performing the management services of a Fire Chief required under this Agreement, Arroyo Grande shall comply with all applicable federal, state, and county statutes, ordinances, and regulations. 6. Insurance. I. Arroyo Grande shall furnish and keep in full force and effect during the term of this Agreement the following insurance: a. Workers' Compensation Insurance or self-insurance covering workers' compensation claims of all Arroyo Grande employees providing services on behalf of Grover Beach pursuant to this Agreement. b. Liability Insurance to include general liability, automotive liability, and public officials and professional liability for any and all property claims or suits for damages arising out of Arroyo Grande's performance under this Agreement by Arroyo Grande's elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees. The policy shall provide coverage for bodily injury and property damage in an amount not less than one million dollars ($1,000,000,00) combined single limit per occurrence and shall name ''The City of Grover Beach" as an additional insured. No cancellation or change of coverage shall be effective until thirty (30) days written notice' has been given to Grover Beach and an endorsement verifying such coverage shall be provided to Grover Beach upon execution of this Agreement by both Parties, II. Grover Beach shall furnish and keep in full force and effect during the term of this Agreement the following insurance: a. Workers' Compensation Insurance or self-insurance covering workers' compensation claims of all Grover Beach employees providing services to Arroyo Grande pursuant to this Agreement. . Management and Administrative Services AgreementPage 5 b. Liability Insurance to include general liability, automotive liability, and public officials and professional liability for any and all property claims or suits for damages arising out of Grover Beach's perfonnance under this Agreement by Grover Beach's elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees. The policy shall provide. coverage for bodily injury and property damage in an amount not less than one million dollars ($1,000,000.00) combined single limit per occurrence and shall name "The City of Arroyo Grande" as an additional insured. No cancellation or change of coverage shall be effective until thirty (30) days written notice has been given to Arroyo Grande and an endorsement verifying such coverage shall be provided to Arroyo Grande upon execution of this Agreement by both Parties. 7. Benefit. Expectations. and Perfonnance Based Measurements, The benefits of this Agreement for Management and Administrative Services, outlined work outputs, cost-avoidance issues, and related service enhancements shall be monitored bi-monthly by an oversight committee. The committee will consist of agreed upon representatives ftom each Party and may utilize a perfonnance-based rating sheet, see Attachment "A", The Agreement for Management and Administrative Services benefits, work outputs, cost-avoidance opportunities or service enhancements include: a. An infonnal reciprocal arrangement to assist the other Party without additional compensation; b. The opportunity to take advantage of each Party's qualified personnel; c. The opportunity to take advantage of each Party's response areas and leading to the reduction of response times; d. The possibility of achieving economies of scale; e. The possibility of eliminating duplicate services and the opportunity to share existing programs; f. An opportunity to better serve each community without constraints .ofboundary limits; g. The opportunity to reflect well on community policy makers and gain community support; -- -..------ Management and Administrative Services Agreement Page 6 h. The improvement of citizen's demands or expectations for services, utilizing the closest resources; 1. The possibility of cost avoidance in acquisition of new personnel and equipment; J. The assurance of continued local control; k. The assurance of each agency's ability to maintain its local identity; 1. The potential pathway for future cost saving programs such as: dispatching services, vehicle'maintenance, and the like; 1. The sharing of specialized equipment and personnel for specialized services; and m. The immediate access to neighboring resources for planned or un-planned incidents. 8. Tenn of this A2I'eement. The term of this Agreement shall commence on July 1, 2004, and shall continue in full force and effect for a period of one (1) year. This Agreement shall automatically renew on a month-to-month basis after the initial one (1) year period. Either Party may terminate this Agreement upon thirty (30) days' written notice. 9, Non-assignabilitv. This Agreement shall not be assigned by either Party without first obtaining the express written consent of the other Party. 10. Notices, Any and all notices or other communications required or pennitted by this Agreement or by law to be served on or given to either Party shall be in writing, and shall be deemed duly served and given when personally delivered to the Party whom directed or in lieu of such personal service when deposited in the Untied States mail, postage pre-paid to: a. Grover Beach Ronald C, Anderson. Jr.. City Manager City of Grover Beach 154 S. 8th Street Grover Beach, CA 93433 b. AIroyo Grande Steven Adams, City Manager City of AIroyo Grande 214 E, Branch Street Arroyo Grande, CA 93420 -- .....~_._- ~_..- Management and Administrative Services Agreement Page 7 11. Mutual Indemnification. a. Arroyo Grande agrees to and shall indemnify, defend and hold Grover Beach and its elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees harmless from and against all expenses including without limitation reasonable attorney's fees and disbursements, losses or liability, including any liabilities, arising out of or loss alleged to have arisen out of the operations of the Arroyo Grande Fire Department. This indemnity shall survive the expiration or tennination of the Agreement. b. Grover Beach agrees to and shall indemnify, defend and hold Arroyo Grande and its elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees harmless from and against all expenses including without limitation reasonable attorney's fees and disbursements, losses or liability, including any liabilities, arising out of or loss alleged to have arisen out of the operations of the Grover Beach Fire Department. This indemnity shall survive the expiration or termination of the Agreement. 12. Entire Agreement. Grover Beach and Arroyo Grande agree that this Agreement constitutes the sole and only Agreement between them representing the fire protection and EMS management and administrative services and correctly sets forth their obligations and duties with respect to each other. 13. Amendment. This Agreement.may be amended only by written consent of all Parties to the Agreement. 14. No Intetpretation Against Drafting. This Agreement has been negotiated at arm's length between the Parties hereto. Accordingly, any rule or law (including California Civil Code ~ 1635 et seq.) or legal decisions that would require interpretation, or any ambiguities in the Agreement against the Party that has drafted the applicable provision, is not applicable and is waived. The provisions of the Agreement shall be interpreted in a reasonable manner to effect the purpose and intent of the Parties, Management Administrative Services Agreement Page 8 15. Execute in Counterparts. The Parties hereto agree that there shall be two originals of this Agreement which shall be identical in all respects, including form and substance. The Parties may execute this Agreement in two or more counterparts, which shall, in the aggregate, be deemed an original, but all of which, together, shall constitute one and the same instrument. 16. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Management Administrative Services Agreement Page 9 Executed at , California, on the date and year first appearing above. CITY OF ARROYO GRANDE By Tony Ferrara, Mayor ATTEST: By Kelly Wetmore Director of Administrative Services! Deputy City Clerk APPROVED AS TO FORM: By Timothy J. 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MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: CONSIDERATION OF CITY HALL COMPLEX NEEDS ASSESSMENT AND FEASIBILITY STUDY DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council: 1) approve the City Hall Complex Needs Assessment and Feasibility Study preferred site; 2) approve the preferred architectural approach; 3) approve the proposed funding strategy; and 4) direct staff to proceed with the proposed implementation strategy. FUNDING: Fred Sweeney, with Phillips Metsch Sweeney Moore Architects, has prepared the Needs Assessment and Feasibility Study on a volunteer basis at no cost to the City. Preliminary potential project cost estimates have been prepared at this time for planning purposes only. Figures may change significantly after further structural and soil studies are completed. Please note that these are total project cost estimates, including design, construction, construction management, permits, etc. Currently, rough estimates are as follows: Remodel and expansion of existing City Hall $700,000 Construction of new building $4,800,000 Landscaping, parking and site work $300.000 Total $5,800,000 Adjusted for future inflation, staff is recommending an estimated cost of $6,500,000 be established for planning purposes. The following funding plan is recommended: Generate additional savings to the reserve over the next 5-year period $1,100,000 Sale of existing property $850,000 Water and sewer funds $1,000,000 General Fund Debt Financing $3.550.000 Total $6,500,000 - --"---.. ---------~-_._~- _ ^---"---- ---- CITY COUNCIL CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY JUNE 22, 2004 PAGE 2 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 existing and future needs and then assess the feasibility of options to address those needs. The agreed upon process included 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 also included a series of community meetings to obtain input, feedback, participation and consensus. At the October 14, 2004 meeting, the City Council approved eleven proposed site alternatives, which was narrowed to two alternatives at the February 24, 2004 meeting. After input from a final public workshop, Architectural Review Committee (ARC) and Planning Commission, the Architect is now presenting final recommendations on the preferred site, preferred architectural approach and steps for moving forward with the project. Attachment 1 is a list of the Architect's recommendations. Attachment 2 is a summary of the conceptual plans prepared by the Architect. Staff has also prepared an implementation strategy, which includes a 5-year plan for construction of the project. It is proposed to establish a project fund with a goal to accumulate savings in excess of the City's reserve policy in the amount of $1.1 million over a 5-year period. Remaining costs would be funded from a combination of the sale of the existing Council Chambers building and property, water and sewer funds, and issuance of debt financing. Specific interim steps are recommended in order for the project to move ahead within the time period established. The proposed schedule for final design and construction steps will be contingent upon availability of necessary funding. The 5-year implementation strategy includes the following recommended steps: May 2005 Preparation and adoption of a General Plan amendment and Development Code amendment designating the site for future City Hall expansion July 2005 'Issue RFP for consultant to establish design, size, height and additional building criteria for directing the architectural and engineering team to design the final project S:\CITY MANAGER\STEVE\Council Reports\City Hall Needs Assessment 6.22.04.doc . ----,.----.- ~--~.__... ...-- ._-~-,..-.__.._------_._.- --- -.----- -~------- CITY COUNCIL CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY JUNE 22, 2004 PAGE 3 September 2005 Select consultant August 2006 Complete design, size, height and additional building criteria for directing the architectural and engineering team to design the final project January 2007 Issue RFP for architect for final design March 2007 Select architect for final design January 2008 Completion of final drawings March 2008 Solicit construction bids May 2008 Award of construction bid June 2008 Issuance of Certificates of Deposit (COP) financing June 2009 Complete construction ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the City Hall Complex Needs Assessment and Feasibility Study preferred site, preferred architectural approach, proposed funding strategy, and direct staff to proceed with the proposed implementation strategy; - Approve alternate site and/or architectural approach, proposed funding strategy and direct staff to proceed with implementation strategy; - Modify timeline for implementation strategy of project, which could include requesting staff to prepare recommendations on how to complete the project within a shorter time period or extending the implementation strategy to seven years and designating the new building as a "Centennial Hall" project; - Approve site, architectural approach, and funding strategy, but do not direct staff to proceed with any additional work until full funding is available; - Request staff and the Architect to prepare additional analysis on existing alternatives or select additional alternatives for consideration; - Provide direction to staff. Attachments: 1. Phillips Metsch Sweeney Moore City Hall Needs Assessment and Feasibility Study Recommendations Summary 2. Phillips Metsch Sweeney Moore City Hall Needs Assessment and Feasibility Study Conceptual Plans S:\CITY MANAGER\STEVE\Council Reports\City Hall Needs Assessment 6.22.04.doc -"-...- ---~ Attachment 1 City of Arroyo Grande City Hall Site Selection Study Recommendations 1. Site #1 is the preferred site: . Location in the synergistic center of the Village . City controls and owns land . Preferred building configurations allow for enhancement of the street fabric of the village . Retains use of adjacent parking and park area for community use . Ability to use existing facilities for staging during construction . Maintains integrity of the current "city" functions as an integral partner with the Village. . Reinforces the importance of the community governance for the entire city. 2. Preferred architectural approach is Site #1 Version#1 3. It is recommended that the city establish a sub-committee working with a professional consultant to establish design, size, height and additional building criteria for directing the architectural and engineering team to design the final project. 4. Careful consideration should be given to the extent of the final parking configuration and the adjacent Arroyo Grande Creek park area to maximize parking area but minimizing influence on the bank land area. 5. Retain the existing City Hall and enhance it's original architectural style to accommodate required programmatic layouts 6. Move the current residential structure utilized by public works to another location. 7. Give careful consideration to view corridors and public access to the creek side park area. 8. Set in motion legislative and managerial steps to develop a definitive timetable for exploration of financing for the project and for commencing with the project 9. Develop master plan strategies for the site to address potential building growth requirements beyond the currently plan 17,000 gross square footage based on the 2004 assessment needs study. -.,. ----. .--.-.. --.--.'.----..- ---- J • Cityof Arroyo Grande METSCH SWEENEY City Hall Site Selection Study MOORE New pity HaII Complex h�.��' � � -- a . - --_ One s Two story- 13,000 s 1 . . �. __h_------4,i7-14_4r7?-4r- , i 1 • .i. H... 4. . - it; . - -- -1;r7711rL__._zk- '----''-- 1 . isttn0 Building , ED, .i O ' Two - One _ One Story - 3,000 sf +r : ; d,--1------„ _,__::: ilmi New Addition +a rit lim F .1. 1 One Story-1,000 t �3 , . 7177 ! 7tL V3 2 -_- - ---/-"7.4- - 53 Parking Silaces !-1-t------'' ' ' 1--,- ,- ; 1 � , 1 ilIV i i i . _:_at. - _ ___ __ ' -. _ 1, .�' _ iNi--.- 7 —:--*Isi." — ''' - . - k r � 14'1. � ,�•ti� 0- ��,•st� Ai ( : � 1"fib �_ —� 0 waste Ma North �1rti�'� Site 1 - Site Study 1 e<11...r_r—f. T 11, 7" " : \ I 1 Iss1 , , , , „ City Council Chambers Public Works / a Community Room - 2630 asf Engineering -2350 asf City Administration - Public Waiting a 1544 asf Circulation Building Safety I Building Support Life Safety Divion - 856 asf Restrooms Community Development- 1350 asf Elevator Financial Services- 886 asf I Nue Site 1 - Floor Plan Study 1 East Branch sinal • - New City Nall Complex .. '' _ T.. - _ One it Two Story - 13,000 sf -1--r —.......p keTM-:,--.. �..._.. Existing Building 'ill - _ ,__ 42 f One Two One ' - i One Btr - ,OOOf = _ I ;�, - my for ► Story ,� . �-- IS New AddtiOr� r-_�- _ ,f-- '' ',, r {: • ; en, One Start'-1,000 sI ,,:,:i) _ _-_ . _ I '- i 1 QL2/1 . : Li -"I cli 50 perking Spaces I , oti--.a,31 il k,' ••,' , • ci_' 7- • i - --.., ,., . -_,) / _ __ . _- P .- .`.. _ - e J+ f I .— � �rerlOOk NM T r1rt Site 1 - Site Study 2 ---71 { — 1 —__ , ____,'_ i_.........._________. __ ________ ,1; .- _, , i s l e t — ___, ______________,i , i ,. , 1 1.1; rairr-----.' i' I 1 l - -- -LA '-N-PT-11-77-7777-' T 0 77-Tt77-171 i , , .,1. ,, ,, , , , „ 4 ,,,____, .,,/, ,, , , , , i___,_., City Council Chambers pima Public Works I & Community Room -2630 asf Engineering- 2350 asf City Administration- Public Waiting & 1544 asf Circulation Building Safety/ Building Support Life Safety Oiuion - 856 asf Restrooms Community Development- 1350 asf Elevator At Lt,:.: I Financial Services- _ 686 asf I NOM Site 1 - Floor Plan Study 2 East Branch trees I New City Hall Complex -1 „ -�. ,. . EOne a Two Stoat - 11,000 st I li _41 ----7 :, -' . .la".1..6117: .lry-:=.7. 2_....,„,_ _,. . jOne r_. - - -,.-. _ _%33 i story , _ :C :11 Story 1112 94' 1J i 40 Parking Spaces ji-1-- -`,- —i1 Y .-- . _'--.4. _ - "- ' '." �' �4 i —I,— • - \--7:::: .'----"/"" ..... i i ,_.._ __. a i Overlook NUS An 010 ' Site 1 - Site Study 3 �' L.- - -, • � � i ,_ f ‘1--/11. ,,_ ilit .,. I 17 i * I�Ia i ?�F"' I l - i w _ ,. -r _ � � IIIc - - — City Council Chambers Public Works 1 Community Room- 2630 asf En ineerin -2350 asf City Administration- Public Waiting& 1544 asf Circulation Building Safety 1 Building Support life Safety Divion -856 asf Restrooms Community Development- 1350 asf Elevator Financial Services- t^ , 686 asf North Site 1 - Floor Plan Study 3 East Branch Street New City Hall Complex � �--•�. ,,' �' Two Story - 11,500 sf �___ .�' `�'..'. „�-. F-.- ----- -.�. ,} t er.rilif.Existing Building a� r One Story- 5,000 MI aa ve tar Two qla Existing Building taflihl ---0-1714-) . . - _ . O n e Sta 1,S 00 sfI CO., New Addition � � --- Yr _ _.�.T 52 Parking Spaces One Story- 000 sfrA _ Q , I+.------ 1 Northtoevo8 T eet Site 1 - Site Study 4 _ — ma t fi -r - City Council Chambers Public Works/ di a Community Room - 2150 asf Engineering - 2110 asf City Administration - Public Waiting a 1364 asf Circulation Building Safety / Building Support Life Safety Divion - 856 asf Restrooms Community Development - 1980 asf Elevator Financial Services - Conference Rooms - 686 asf 1020 asf North Site 1 - Floor Plan Study 4 / i /' i i : r i r�- I: /. 1 , ai.iiii) -C-:-.D __ ---1 i • cocl • ', — t_ r t 1 r i 1 1 — Gl Parking Spaces _ _ •� Y — — • . LT -` r 1 f g; . - I .., - .,4 _ 11 . . , , , i , f /1.---r ';- ,:ii,..1., . - . , i ,1 , c) ' . . - '+„-- , , ....- . 0,... g i ' I r • !� r a . , 1 i . _ -- '�►,---–It—� f`{f' a {,1 4 � --- -- -_ _ f '4,___......„,_.--•-.--..—.......—,........ \• i r,�— q Crown Hill ate.�c � ,- r' 1 __ _-___� I,r _ _-__ __ New City Hall Complex �'� Two Story-11,000 sf _ CD Existing Building - eel, `- One Story-6.000 sf i -___ New Commercial Office Building - Two Story-12,000 sf Existing Historical Houses / - Existing Office Building NBrt r Site 5 - Site Study 1 / . I , / i , i , / 1 i i . —— _____.. _i___r_t__/ t. Itill . • ri I I„ I . i 1 i I ,,, • ", 62 Parking Spaces , 1 i i 1 1 --- , . 1 1...„-- ..,4 . , i jr_._ , • — , __ ., - 40 ' E .i. , ) ..----- I C3/ r I •• ' "--lr• , _3 1 , i i ._ _., 1, / ' .- , - — r- ...... 4 • I k i ca ; ji :ic . i- 1 ....-1-------.,t _,,,..... 1- I\• — --------' - ----_.--.1-. --- , • k . - !I -.._--... ' • -- - • • - 4- . . - ----__ -—,------- 47' .4?• __ - !' 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If? l '‘.-r1- -, LiAr et i �.... :• to _ `�'1 I /t 1' 4.r-' y % - ,r, • v' yam• 1, 11 �� tom, r ,pi caw P:_ , • + ,Tk L.4' { • :.'' \ - 4 Site 5 — Perspective Study1 ! 11.a. t f MEMORANDUM f f I i , , , ! , , TO: CITY COUNCIL FROM: RICK TerBORCH, CHIEF OF POLlC~ SUBJECT: CONSIDERATION TO CONVERT ONE COMMUNITY SERVICES OFFICER POSITION TO A POLICE OFFICER POSITION DATE: JUNE 22, 2004 RECOMMENDATION: It is recommended the City Council: 1) approve the conversion of one (1) Community Services Officer ("CSO") position to a Police Officer position to provide DARE Officer services; and 2) authorize the City Manager to enter into an agreement with the City of Grover Beach to provide DARE services. FUNDING: The cost to convert a Community Services Officer position to a Police Officer is approximately $21,800 per year. The Police Department's current personnel budget will absorb this increase without any additional funding. Additionally, it is anticipated the positioo will produce approximately $12,400 in revenue for providing DARE instructional services to the City of Grover Beach. DISCUSSION: Since initiation of the DARE program by the Arroyo Grande Police Department in 1987, DARE officer services have primarily been provided by a Community Services Officer. However, beginning in 1996, DARE America, which provides training to and certifies DARE officers, no longer trains and certifies non-peace officer DARE instructors. At that time, Chief TerBorch was able to persuade DARE America to allow then CSO Cheri Hulgan to attain DARE Officer certification and in September 1996, CSO Hulgan graduated from the DARE Officer school. Since that time, no non-peace officer has been certified as a DARE instructor. Since fall 1996, CSO Hulgan has been the Police Department's full-time DARE instructor and provided the majority of DARE programs within the City. With the recent retirement of CSO Hulgan, it is now necessary to replace her DARE position with a Police Officer in order to continue the highly successful DARE program in Arroyo Grande. The Police Department is currently able to elevate one of its fully trained POST certified permanent part-time Level I Police Reserve Officers to permanent full-time Police Officer status. As discussed under funding, the approximate cost to convert CSO Hulgan's position to a Police Officer position is currently $21,800 per year. Upon consultation with the Director of Financial Services, it has been determined this increase can be accommodated within existing funding allocated to the Department's personnel services budget. --,_._---- .... -----~~-----_._- CITY COUNCIL CONSIDERATION TO CONVERT ONE COMMUNITY SERVICES OFFICER POSITION TO A POLICE OFFICER POSITION JUNE 22, 2004 PAGE 2 This personnel adjustment also provides an opportunity to assist the City of Grover Beach with its DARE program. The City of Grover Beach recently lost the services of its DARE officer and its Police Chief approached the Arroyo Grande Police Department and inquired as to the feasibility of the Department providing DARE instructional services to the two elementary schools within the City of Grover Beach. Department staff determined it would be feasible to do so and the cost to provide the instructional services would be approximately $12,472. The Grover Beach Police Department would continue to provide all DARE instructional and related materials. The City of Grover Beach is receptive to the offer and the two staffs are actively pursuing the initiative. However, in order to implement the program, it will require a replacement of CSO Hulgan's DARE position by a Police Officer. Should this program be implemented, it will: 1) provide the City with increased revenue; and 2) would demonstrate a cooperative sharing of public safety related services between the two Cities' Police Departments. This position would also coordinate other Police Department Community Based programs, such as the Commercial Crime Prevention program and the Teen Academy, which just completed its eighth class since 1996, graduating 15 youth. There is another significant opportunity by converting the current CSO position to a Police Officer. This involves providing vacation relief during peak vacation periods during the summer months. Due to the Police Department's low turnover and relatively high tenure, Department personnel earn a high level of well-deserved vacation time. As a result, during the peak vacation period, there are three uniformed officers on vacation at any given point in time. The vacant positions caused by these vacations must generally be covered by overtime coverage. In addition to being fairly expensive, the heavy use of overtime takes it toll on the personnel who must continuously work the overtime in order to provide the staffing level necessary to meet the Department's workload requirements and the community's needs. This is where the new police officer position can have a significant impact. The DARE Officer position is mainly active during the academic school year. With the exception of the annual DARE Officer update training and the officer's own vacation, the DARE Officer would be available for eight to ten weeks during the 14 week prime vacation period to provide vacation relief coverage for uniform patrol services. This would have a very positive impact on Department personnel by significantly reducing the necessity to fill from between 28 to 35 patrol shifts through the use of mandatory overtime. While there is potential for some monetary savings through reduced use of overtime, the real benefit is in employee moral and personal well being by not being required to work an excessive amount of overtime in order to meet staffing requirements. ---_.,,~------ "- -...-----..- CITY COUNCIL CONSIDERATION TO CONVERT ONE COMMUNITY SERVICES OFFICER POSITION TO A POLICE OFFICER POSITION JUNE 22, 2004 PAGE 3 In summary, the conversion of a Community Services Officer position to Police Officer is beneficial on several fronts. This includes maintaining our highly successful DARE program, engaging in a meaningful partnership with the Grover Beach Police Department, producing an additional modest revenue source, and the providing of critical patrol coverage during peak vacation periods. This conversion can be accommodated without the necessity of adding any additional funds to the current Police Department's budget. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; or . Provide direction to staff. ~--- -- --.-.--....--