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Agenda Packet 2006-06-13 CITY OF Tony Ferrara Jim Guthrie Jim Dickens Joe Costello Ed Arnold Mayor Mayor Pro Tem Council Member Council Member Council Member Agenda City Council ~~~LIFOR~.~ ~-f:7~~'_' Steven Adams City Manager Timothy J. Carmel City Attorney Kelly Wetmore City Clerk AGENDA SUMMARY CITY COUNCIUREDEVELOPMENT AGENCY MEETING TUESDAY, JUNE 13, 2006 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: COUNCILlRDA 3. FLAG SALUTE: GIRL SCOUTS OF TRES CANDADOS CADET TROOP 829 4. INVOCATION: PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS: 5.a. San Luis Obispo Countv Housina Trust Fund Presentation bv Jerry Rioux. Executive Director 6. AGENDA REVIEW: 6a. Move that all ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - JUNE 13,2006 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 thosl:j 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 member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period May 16,2006 through May 31,2006. 8.b. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special and Regular City Council Meetings of May 9, 2006; the Special City Council Meeting of May 23, 2006; and the Regular City Council/Redevelopment Agency Meeting of May 23, 2006, as submitted. 8.c. Consideration of Fiscal Year 2006-07 ADDroDriation Limit (KRAETSCH) Recommended Action: Adopt Resolution establishing the appropriation limit from tax proceeds for Fiscal Year 2006-07. 8.d. Consideration of Confirmation of Assessments (KRAETSCH) 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. AGENDA SUMMARY - JUNE 13,2006 PAGE 3 8. CONSENT AGENDA (continuedl: 8.e. Consideration of Resolutions for the 2006 General Municipal Election for the Election of Certain Officers of the City (WETMORE) Recommended Action: 1) Adopt Resolution calling and giving notice of the holding of a General Municipal Election to be held in the City on Tuesday, November 7, 2006, for the election of certain officers of the City; 2) Adopt Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 7, 2006, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and 3) Adopt Resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an Election to be held on Tuesday, November 7,2006 8.f. Consideration of Resolution Modifvina the Compensation for Volunteer Firefiahters (FIBICH/SISKO) Recommended Action: Adopt Resolution modifying the compensation for Volunteer Firefighters. 8.g. Consideration of Salary Adiustments for Manaaement Emplovees (ADAMS) Recommended Action: Adopt Resolution approving salary adjustments for management employees for FY 2006-07. 8.h. Consideration of Purchase of Propertv at 210 Le Point Street (ADAMS) [CC/RDA] Recommended Action: 1) It is recommended the City Council adopt a Resolution approving and authorizing the Mayor to execute a vacant land purchase agreement and joint escrow instructions for the City's acquisition of the vacant lot at 210 Le Point Street (APN 007-192-038), authorizing the Mayor or City Manager to execute a Certificate of Acceptance consenting to the recordation of the Grant Deed, consenting to the funding of a portion of the acquisition costs by the Arroyo Grande Redevelopment Agency, and approving a financing agreement between the City and Redevelopment Agency; 2) the Redevelopment Agency Board of Directors adopt the Resolution approving the Agency's payment for a portion of the costs of the property acquisition and the financing agreement between the Agency and City; and 3) appropriate $72,000 from the Downtown Parking Fund and $1,080,000 from the Redevelopment Agency Budget for property acquisition plus escrow and closing costs. 8.1. Consideration of Adoption of Resolution to Denv. Without Preiudice. the Appeal of Plot Plan Review 05-027 and Viewshed Review 05-020. Applied for bv Pace Brothers Construction of a Two-Story Sinale Familv Residence Located at 123 Whitelev (STRONG) Recommended Action: Adopt Resolution to deny, without prejudice, the appeal of Plot Plan Review 05-027 and Viewshed Review 05-020. 8.j. Consideration of Fundina to Remove Hazardous Trees (SPAGNOLO/HERNANDEZ) Recommended Action: 1) Approve funding to remove four hazardous trees adjacent to Arroyo Grande Creek in the vicinity of Miner's Hardware store on Traffic Way; and 2) Appropriate $6,500 from the General Fund. AGENDA SUMMARY - JUNE 13,2006 PAGE 4 9. PUBLIC HEARINGS: 9.a. Consideration of ADDeal of Plannina Commission's InterDretation and Denial of Viewshed Review 05-021: 1238 Monteao Street (STRONG) Recommended Action: Accept request from appellant to withdraw the appeal. 9.b. Consideration of ADDeal of Plannina Commission's Denial of Conditional Use Permit Case No. 06-002: 270 N. Halcvon Road (STRONG) Recommended Action: The Planning Commission recommends the Council adopt a Resolution denyin9 the appeal and upholding the Planning Commission's denial of Conditional Use Permit 06-002. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of TemDorarv Use Permit No. 06-009 to Authorize the Use of City ProDertv. Close City Streets. and Waive a Portion of Public Works and Police Service Fees for the Annual Arroyo Vallev PeoDle's Choice Cruise Niaht on Julv 28. 2006 and Car Sho on Julv 28 and 29. 2006 (STRONG) Recommended Action: Consider the request from the Arroyo Valley Car Club and adopt a Resolution authorizing the use of City property, closure of City streets, and waiver of a portion of public works and police service fees for the Annual Arroyo Valley People's Choice Car Cruise and Car Sho on July 28 and 29, 2006. 12. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a. Appeal Process and Public Participation (FERRARA) 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a. None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. AGENDA SUMMARY - JUNE 13,2006 PAGE 5 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 17. ADJOURNMENT ************************* All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the City Clerk's office and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate aiternative 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. Agenda reports can be accessed and downloaded from the City's website at www.arrovoqrande.orq 8.a. MEMORANDUM TO: FROM: CITY COUNCIL ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES4i FRANCES R. HEAD, ACCOUNTING SUPERVISO~ CASH DISBURSEMENT RATIFICATION ~ BY: SUBJECT: DATE: JUNE 13, 2006 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period May 16 through May 31, 2006. FUNDING: There is a $518,570.73 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. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - May 15, 2006, Accounts Payable Check Register Attachment 3 - May 19, 2006, Accounts Payable Check Register Attachment 4 - May 26, 2006, Payroll Checks & Benefit Checks Register Attachment 5 - May 26, 2006, Accounts Payable Check Register ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of May 16 Through May 31, 2006 ".,.". June 13, 2006 Presented are the cash disbursements issued by the Department of Financial Services for the period May 16 to May 31, 2006. Shown are cash disbursements by week of occurrence and type of payment. ;W~EK.< ' ... TYPE OF .f'AYM~Nt '" . ATTACHMENlT,: AMOUNT ..','1 .,;., ,.. May 19, 2006 Accounts Payable Cks 126368-126384 2 $ 17,031.72 Accounts Payable Cks 126386-126485 3 52,892.88 $ 69,924.60 May 26, 2006 Payroll Checks & Benefit Checks 4 391,847.06 Accounts Payable Cks 126486-126565 5 56,799.07 $ 448,646.13 TWO-WEEK TOTAL j 518,570.73 U:\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc CITY OF ARROYO GRANOE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) Citv Government (Fund 010) 4001 - City Council 4002 - Administrative Services 4003 - City Attorney 4101 - City Manager 4102 - Printing/Duplicating 4120 - Financial Services 4121 - Taxes/ Insurance/ Bonds 4130 - Community Development 4131 - Community Building (CDBG) 4140 - Management Information System 4145 - Non Departmental Public Safetv (Fund 010) 4201 - Police 4211 - Fire 4212 - Building & Safety Public Works (Fund 010) 4301 - Public Works-Admin & Engineering 4303 - Street/Bridge Maintenance 4304 - Street Lig hting 4305 - Automotive Shop Parks & Recreation (Fund 010) 4420 - Parks 4421 - Recreation 4422 - General Recreation 4423 - Pre-School Program 4424 - Recreation-Special Programs 4425 - Children in Motion 4426 - Five Cities Youth Basketball 4430 - Soto Sport Complex 4213 - Government Buildings 4460 - Parkway Maintenance SPECIAL REVENUE FUNDS Park Development Fee Fund (Fund 213) 4550 - Park Development Fee Traffic Signal Fund (Fund 222) 4501 - Traffic Fund Transportation Fund (Fund 225) 4553 - Public Transit System Construction Tax Fund (Fund 230) 4556 - Construction Tax Police Grant Funds 4201 - Law Enforcement Equip. (Fd 272) 4202 - State AB3229 Cops Grant (Fd 271) 4203 - Federal Universal Hiring (Fd 274) 4208 - Federal Local Law Enforcmt (FD 279) Redevelopment Agency ( Fund 284) 4103 - Redevelopment Administration ENTERPRISE FUNDS Sewer Fund (Fund 612) 4610 - Sewer Maintenance Water Fund (Fund 640) 4710 - Water Administration 4711 - Water Production 4712 - Water Distribution Lopez Administration (Fund 641) 4750 - Lopez Administration CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 5501-5599 - Park Projects 5601-5699 - Streets Projects 5701-5799 - Drainage Projects 5801-5899 - Water/Sewer/Street Projects 5901-5999 - Water Projects U,\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc ... - '" "" 00 00 00 00 00 00 ~ l: <Xl <Xl 00 00 00 00 "' on 00 ::J c.ciui a:iui NN ~."J NN ,...:.....: cciui 0 E N N '" "" 1'-1'- "' on 1'-1'- "''''' '" "" 1'-1'- <( NN c,; ;; Ol Ol ..... .. <II 0.. 0.. Eo< Z III III ]j ]j ~ ]j ]j ]j ]j "" ...J ...J 00 , , 0 r=. 0 0 0 0 :; ZZ .... 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"" " in c: :s " &l ~ > C> ATTACHMENT 4 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 05/05/06 - 05/18/06 OS/26/06 FUND 010 FUND 220 FUND 284 FUND 612 FUND 640 352,815.65 15,685.71 6,335.84 17,009.86 391,847.06 5101 5102 5103 5105 5107 5108 5109 5110 5111 5112 5113 5114 5115 5121 5122 5123 5126 5127 5131 5132 5133 5134 5135 5143 5144 5146 5147 5148 5149 5150 Salaries Full time Salaries Part-Time - PPT Salaries Part-Time - TPT Salaries OverTime Salaries Standby Holiday Pay Sick Pay Annual Leave Buyback Vacation Buyback Sick Leave Buyback Vacation Pay Comp Pay Annual Leave Pay PERS Retirement Social Security PARS Retirement State Disability Ins. 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'" '" ... '" '" ... Gl ... ... 1:1 ." 1:1 0 ... M "" '" - !::! " .!!! u '" '" '" '" ... .l 1:1 ,-~---~ 8.b. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 9, 2006 - 5:30 P.M. COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Tony Ferrara called the meeting to order at 5:30 p.rn. Council Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tem Jim Guthrie, City Manager Steven Adams, and City Attorney Timothy Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 077-241-032; Vacant Lot, North'Side of Farroll Avenue Steven Adams, City Manager Jacqui King Price, Terms and Conditions of Potential Purchase b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation APN: 006-095-002; Parcel Located on Valley Road Steven Adams, City Manager John Taylor, Trustee, E. & E. Taylor Living Trust Price, Terms and Conditions of Potential Purchase c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation APN: 007-192-038; Vacant Lot at 210 Le Point Street Steven Adams, City Manager Dorfman Homes, 'Inc., A CA Corp. Price, Terms and Conditions of Potential Purchase 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. MINUTES OF CITY COUNCIL SPECIAL MEETING TUESDAY, MAY 9, 2006 PAGE TWO 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 5:45 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 9, 2006 - 6:15 P.M. COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER: Mayor Tony Ferrara called the meeting to order at 6:15 p.m. 2. ROLL CALL: City Council: Council Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tem Jim Guthrie and Mayor Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Chief of Police Tony Aeiltz, and members of the Arroyo Grande Police Department. 3. PUBLIC COMMENT: None. 4. PRESENTATION OF MEDAL OF VALOR TO SENIOR POLICE OFFICER ALBERT BEATTIE Mayor Ferrara presented an Honorary Resolution Awarding the Police Department's Medal of Valor to Senior Police Officer Albert Beattie in recognition of his heroic action during a recent crime. Chief of Police Aeiltz presented the Medal of Valor to Officer Beattie. 5. ADJOURNMENT Mayor Ferrara adjourned the meeting at 6:25 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 9,2006 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL City Council: Council Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tem Jim Guthrie and Mayor Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Chief of Police Tony Aeiltz, Director of Community Development Rob Strong, and Associate Planner Kelly Heffernon. 3. FLAG SALUTE Charles Howell and Aimee Clayton, representing Veterans of Foreign Wars 2829, led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Proclaiming May 2006 as "Bike Month" and May 15 - 19, 2006 as "Bike to Work Week". Mayor Ferrara presented an Honorary Proclamation declaring May 2006 as "Bike Month" and May 15-19, 2006 as "Bike to Work Week". Diane Hendrix, representing San Luis Obispo Regional Rideshare, accepted the Proclamation. 5.b. Honorary Proclamation Proclaiming May 2006 as "Foster Care Month". Mayor Ferrara presented an Honorary Proclamation declaring May 2006 as "Foster Care Month". Rosalinda Rodriguez, representing ASPIRA, accepted the Proclamation. 5.c. Honorary Proclamation Proclaiming May 14-20, 2006 as "National Police Week". Mayor Ferrara presented an Honorary Proclamation declaring May 14-20, 2006 as "National Police Week". Chief of Police Tony Aeiltz, representing Arroyo Grande Police Department, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello, Council Member Arnold seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. Minutes: City Council Meeting Tuesday, May 9, 2006 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Colleen Martin, Olive Street, thanked the City Council for their service to the City. She also expressed gratitude for the service of the Planning Commission. She acknowledged the number of hours the Planning Commission spends reviewing projects in detail, reading lengthy reports, and making site visits. She noted that the current Planning Commission appears to really care about the City and asked the Council to acknowledge them and continue to support their efforts. Jennifer Schumaker, San Diego, said she is walking over 500 miles from San Diego to San Francisco to try to encourage dialogue that recognizes that people who are lesbian, gay, bisexual, and/or transgender, and their families, friends, and allies are fully interconnected. She distributed material to the City Council regarding "A Walk For Togetherness". Page 2 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. Pattv Welsh, Arroyo Grande, referred to Item 8.f. (Solicitation Ordinance) and spoke in support of the Ordinance prohibiting peddling and soliciting activities. Hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Arnold moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.f. as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 5.76 TO THE ARROYO GRANDE MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR PEDDLING AND SOLICITING ACTIVITIES". The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Costello, Dickens, Guthrie, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 16, 2006 through April 30, 2006. ." 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of April 11, 2006, as submitted. 8.c. Authorization to Reject Claims Against the City. Action: Rejected claims and authorized the City Clerk to send a standard rejection letter to the claimants as recommended by the City's Claims Administrator. 8.d. Consideration of Resolution Accepting Public Improvements for Tract 2532 Located at 1180 Ash Street, Constructed by Mal-Hun, LLC. Action: Adopted Resolution No. 3917 accepting certain improvements for Tract 2532. 8.e. Consideration of Request to Refund Application and Permit Fees to the South County Historical Society for its Efforts to Restore "Ruby's House". Action: Refunded application and permit fees to the South County Historical Society for its efforts to restore "Ruby's House". Minutes: City Council Meeting Tuesday, May 9, 2006 Page 3 B.f. Consideration of Adoption of Ordinance Adding Chapter 5.76 to the Arroyo Grande Municipal Code Establishing Regulations for Peddling and Soliciting Activities and Adoption of a Resolution Establishing a Solicitation Permit Application Fee. Action: 1) Adopted Ordinance No. 578 entitled: "An Ordinance of the City Council of the City of Arroyo Grande Adding Chapter 5.76 to the Arroyo Grande Municipal Code, Establishing Regulations for Peddling and Soliciting Activities"; and 2) Adopted Resolution No. 3918 establishing the amount of a solicitation permit application fee. 9. PUBLIC HEARINGS 9.a. Appeal of Planning Commission's Denial of Plot Plan Review 05-027 and Viewshed Review 05-020 for the Construction of a Two-Story Single Family Residence Located at 123 Whiteley. Community Development Director Strong presented the staff report and stated the Planning Commission recommended the Council adopt a Resolution to deny the appeal of Plot Plan Review 05-027 and Viewshed Review 05-020 for the construction of a two-story single-family residence located at 123 Whiteley. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. John Shoals, representing the applicant/appellant (Pace Brothers Construction), gave a prepared presentation (on file in the Administrative Services Department) which reviewed the project history beginning in December 2004; highlighted areas of concern, including General Plan consistency, compliance with performance standards, neighborhood compatibility, creek protection, and viewshed protection; gave a description of the project revised to provide a creek setback from 15 to 22 feet (18 ft. average) with the landowner dedicating a 10 foot easement from top of bank, living area reduced from 2,252 to 2,105 square feet, a reduced footprint area from 1,852 to 1,647 square ft, and the preparation of a biological assessment prepared by Rincon Consultants with mitigation measures and monitoring in place; displayed site plans with three different setbacks; reviewed the Landscape Plan; explained how the project is consistent with the General Plan, specifically Policy C/OS-2-1.3; displayed photographs which demonstrate an existing fence and sewer pipes that would prohibit the installation of a continuous pedestrian trail; explained how the project meets the City's development standards; provided a cost comparison for construction of Lot 4 based on three different sized projects with varying setbacks to demonstrate the need for balancing the functionality of the lot, the protection of the creek, and allowing the applicant to realize his financial goals; and concluded by summarizing the points on why the project should be approved as proposed. Colleen Martin, Olive Street, stated she had attended the Planning Commission meeting and one of the questions she had asked was what is the size of the buildable lot. She said a large portion of the lot is in the creekbed, in the creek, and on the other side of the creekbank. She said the portion she considered a buildable lot would be the portion from the sidewalk to the back fence, and from the fence of the adjacent new house to the 25-foot creek setback. She wanted to know what percentage of the footprint of the 2,100 square foot house plus a 2-car garage was on the buildable lot and asked the Council to take that into consideration. She stated the size of the proposed project is inconsistent with the size of the homes on Whiteley. She noted it was a shame that the first house constructed by the applicant, furthest from the creek, did not use the historic stone wall as an attractive centerpiece and that a lot line adjustment was not utilized. She inquired about consequences for the premature grading of the site including consequences for allowing forbidden drainage into the creek by the two existing homes and the graded lot. She Minutes: City Council Meeting Tuesday, May 9, 2006 Page 4 asked the Council to support the Planning Commission's decision to deny the project and noted that the applicant's costs are irrelevant. John Shoals noted he would defer a response to Ms. Martin's question regarding the usable lot area to the Community Development Director. He responded to issues regarding size of homes in the surrounding neighborhood; issues regarding unpermitted creek grading, for which he acknowledged that mistakes were made and explained methods that were taken to rectify the situation and to provide protection to the creek; and noted that not one neighbor has complained about this project or filed an appeal. Mayor Pro Tem Guthrie referred to the drainage issue and asked if there is still drainage to the creek or what mitigation has taken place. Mr. Shoals responded that they did not see evidence of drainage; however, visqueen (protective covering) and straw bales were put in to try and control drainage into the creek. Mayor Pro Tem Guthrie asked Mr. Merk from Rincon Consultants if the site had already been graded at the time he went to the site to prepare his report. Kevin Merk, Rincon Consultants, responded the site had been graded and they recommended immediate actions on the erosion and sediment control plan and that mitigation measures be put in place to address the drainage issues. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Dickens referred back to his original comments and referred to the history of the project. He referred to the August 23, 2005 meeting where he had expressed concerns and suggested that a biological report and analysis be done. He acknowledged that the applicant complied with that request. He referred to the biological report and spoke about the City's 25' setback policy to address potential resource impacts that a project might have on the environment, and sediment and erosion control into the area. He stated the latter had been identified; however, he did not think the impacts to potential biological resources by having a home so close to the creek had been identified. He referred to and read an excerpt from page 8 of the Biological Resources Assessment under Riparian Habitat Setback, which refer to the ongoing impacts, not necessarily the construction impacts. He expressed concern with the impacts of potential human and domestic animals into this particular area. He asked how a 3' fence/retaining wall provides for that type of protection. He suggested this recommendation be placed in the mitigation measures; however, he thought this mitigation was inadequate and should be closer to four feet. He said when looking at the size and scale of the home in relation to the setback and the surrounding neighborhood, he suggested moving closer to requiring a 25 foot setback by scaling down the size of the house and identify a larger barrier to address the potential impacts of human and domestic animal intrusion into the biological area. He supported upholding the Planning Commission's decision. Council Member Arnold noted that the Code requires a 25-foot setback from top of bank unless it is unreasonable. He said it must be determined whether or not it would be reasonable to expect a smaller home on this lot, and he believed that it was reasonable that a smaller home could be built. He noted a lot line adjustment could have been requested early in the process before the previous two homes were built or the applicant could have tried to build the proposed home on the lot next to the creek first which would have exposed some of these potential problems. He noted that other options for design of the home on the proposed lot, such as a single car garage or a tandem car garage. He responded to discussion about the lot price and noted that was set Minutes: City Council Meeting Tuesday, May 9, 2006 Page 5 by the applicant, not by the City. He supported the Planning Commission's decision to deny the project as proposed. He noted that there was not a lot of open space provided in the proposed project and expressed concern that most of the open space goes into the setback area. He suggested that this would be a great opportunity to bundle this lot with the adjacent home. As proposed, he could not approve the appeal. Council Member Costello concurred with the concerns expressed. He compared the existing houses in the established neighborhood that have been there for years versus the houses that are being built by the applicant now. He stated the proposed house is not really in scale with what exists in the neighborhood; stated a 25-foot setback is preferable here, however, he would be willing to consider a minimum 20-foot setback; suggested that the project come back with a smaller scale; and supported upholding the Planning Commission's decision. Mayor Pro Tem Guthrie noted that he had originally suggested a variable setback. He referred to the biological assessment and noted that he thought the 25-foot creek setback could be achieved. As far as the character of the neighborhood, he referred to the two adjacent new homes that were built next door by the applicant and stated they were the biggest homes on the street; however, they were not the biggest homes in the Village. He said there was a reasonable argument that the proposed project is out of scale to the neighborhood; however, it was not out of scale to the kind of neighborhood that is evolving. He stated he could reluctantly support the proposed project, although he thought there could be a better solution; however, he said it meets the basic criteria that is in place and that requiring a 25 foot setback along the lot would be unreasonable. He further said he could support the project with one exception, and that was that the 18" wall needed to be increased to at least 4 feet to keep people out of the area on top of the creek bank that is being restored. He said with that modification, he could support the project. Mayor Ferrara expressed appreciation regarding the environmental work that was done and noted that the environmental impacts to the creek are of paramount concern. He referred to the original configuration of the three lots and suggested that a reasonable approach would have been to consider a lot line adjustment to address challenges of construction that abuts the creek. He concurred with observations made regarding the environmental work; however, he shared concerns about the impacts of any structures, including an inappropriately sized retaining wall that is a man made structure that could have impacts in and of itself. He expressed concern about the compatibility with the existing neighborhood issue and stated his original observation was that the two adjacent homes built by the applicant are incompatible with adjacent neighborhood structures. He stated that the proposed structure, based on size and scale, would result in inconsistency with the adjacent homes. He agreed with Council Member Arnold's suggestion about bundling this small lot with the adjacent home to add more property and increase its value. He supported upholding the Planning Commission's decision. John Shoals referred to Alternative #3 in the staff report and inquired if staff could clarify its intent. Director Strong responded that if the Council felt an appropriate action would be to uphold the appeal, it could be done in a conditional manner, such as requiring a reduced house size and increased setback. He also suggested additional direction could be to require an increase in the fence height along the creek. Council Member Dickens moved to take tentative action to deny the appeal, and the project applications, as recommended by the Planning Commission, and direct staff to return with a supporting resolution. Council Member Arnold seconded the motion. City Attorney Carmel asked Minutes: City Council Meeting Tuesday, May 9, 2006 Page 6 for clarification on whether that would be without prejudice to return with a modified project. Council Member Dickens said yes and amended his motion to deny the appeal without prejudice. Council Member Arnold seconded, and the motion carried on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Arnold, Costello, Ferrara Guthrie None 9.b. Continued Public Hearing - Vesting Tentative Tract Map No. 04-006, Planned Unit Development No. 04-005 and Minor Exception Case No. 05-015 to Subdivide a 1.8- Acre Site into Nineteen (19) Lots Resulting in 24 Density Equivalent Town Homes and Condominiums as a Mixed Use with Existing Fitness Club and Medical Offices; Applied for by Russ Sheppel for Property Located on Oak Park Blvd. and James Way (Oak Park Professional Plaza). Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving Vesting Tentative Tract Map No. 04-006, Planned Unit Development No. 04-005 and Minor Exception No. 05-015. Council questions and discussion ensued regarding the driveway access alternative designs and drainage issues. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Kim Hatch, architect representing the applicant, noted that the proposed project had been redesigned to lessen the mass of the condominium building; and commented on traffic circulation, grading, and drainage issues. Brent Weaver, representing Kennedy Club Fitness, asked if any parking spaces would be lost with the proposed configuration (staff responded no); and expressed concern about moving the driveway entrance/exit closer to the pool of the Health Club as it could back up onto James Way and through the parking lot; and aside from that concern he spoke in favor of the proposed project. Steve Ross, Traffic Commissioner, noted that the Traffic Commission had reviewed the project and expressed concern that an upper driveway could potentially cause some pedestrian safety issues. Steve Orosz, traffic engineer, clarified issues relating to parking, traffic counts, traffic circulation, and pedestrian safety as it relates to the preferred driveway access alternative. Kim Hatch, architect, clarified that Option 3 was the applicant's preferred driveway access alternative, which would provide safety for the people in the residential area and separate the commercial traffic from the residential component. Hearing no further public comments, Mayor Ferrara closed the pUblic hearing. Council Member Costello provided the following comments: - Original concerns about traffic circulation around the project; - Kids will live in the development as the market will dictate affordability; - Likes concept of Option 3 for driveway access; - Impressed with redesign to soften and minimize mass of project; - Would like to have seen a little more reduction in density by eliminating one building; Minutes: City Council Meeting Tuesday, May 9, 2006 Page 7 - Does not object with density to deny the project; could reluctantly support project with driveway access Option 3 as presented. Council Member Dickens provided the following comments: - Likes project; acknowledged design improvements and efforts to address pervious concerns expressed; Noted that the proposed occupancy of these types of residential units were not very kid friendly or kid oriented; however, he acknowledged that any potential safety issues should be addressed if these units were occupied by individuals with children; Acknowledged need to weigh the circulation patterns with health and safety concerns, and how it can work successfully with the various uses; Supports this type of mixed use project; believes this project will provide for a portion of unmet housing needs in the City; Likes redesign of the condominiums; Supports driveway access Option 3; Supports project as proposed. Council Member Arnold provided the following comments: - Asked staff whether it would be worthwhile to require the developer to move the fire hydrant if a right turn lane was to be added later (staff responded that it would not be necessary due to the way the area is currently designed); Asked if the landscape plan would go back to th.e Architectural Review Committee for final review (staff responded yes, that it was a condition of approval); Likes project; original concerns were with traffic flow, circulation and height of the condominium building; Pleased with addition of the trellis and removal of part of the parapet wall; Supports project; Requested that the project be conditioned to install 36" box trees for those trees located between the commercial (hotel) and residential areas, and suggested Brisbane box trees; Requested that staff review and determine whether a right turn pocket lane turning into the development would add value to the project. Mayor Pro Tem Guthrie provided the following comments: - Agreed that the redesigned project is an improvement over the previous design; Acknowledged the separation of uses (residential and commercial) and favored moving the driveway to the westerly end of the project; Acknowledged that the relocation of the condominium building, the additional trellis and the planter area will enhance the separation of uses; Expressed concerns about easterly stacking of traffic; key to access is the turning radius and the proposed driveway design appears to address this issue; Supports the project as proposed. Mayor Ferrara provided the following comments: - Acknowledged that the design visuals provided were very helpful; however, stressed the importance of staff following up to ensure that the changes in the architectural detail are implemented in the project; - Pleased with the traffic configuration; however, expressed concerns about some corridors in the residential component that will be exposed to through traffic; - Stated that signage must be a part of the plan; Minutes: City Council Meeting Tuesday, May 9, 2006 Page 8 - Suggested further definition of how turns are going to be negotiated within the project, particularly for delivery vehicles and buses as it relates to turning radius, roorn to maneuver, potential circulation hazards, and how is traffic going to be controlled. Suggested further review of circulation to ensure accornrnodation of turning rnovement; Due to circulation, parking issues, and potential traffic impacts on James Way, expressed concern that the proposed density rnay be too ambitious for the area; - Expressed concern about the three-story configuration; - Expressed concern that the project is too large in scale for the available area; if buildings were srnaller, the traffic circulation would not be an issue and there would be room to accommodate some additional open space; - Cannot support project as proposed. Council Member Arnold rnoved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE TRACT MAP CASE NO. 04-006, PLANNED UNIT DEVELOPMENT CASE NO. 04-005 AND MINOR EXCEPTION CASE NO. 05-015, APPLIED FOR BY RUSS SHEPPEL FOR PROPERTY LOCATED ON OAK PARK BLVD. AND JAMES WAY (OAK PARK PROFESSIONAL PLAZA)" with the following conditions: 1) Approval of Driveway Access Option 3; 2) That the irnpact trees identified be a minimum of 36" box trees; 3) That staff determine whether or not a right turn pocket is needed or not, 4) That staff investigate the turning radius' between the lower and upper areas; 5) That the'height exception be one (1) foot, instead of two (2); and 6) That speed humps be installed between the hotel gate and the third townhorne. Council Mernber Dickens seconded. City Attorney Carrnel requested clarification of the motion as it relates to the condition that has been delegated to staff. Following brief discussion with the Council as well as with the applicant, City Attorney suggested adding the following two conditions: . "The applicant shall prepare a plan for a right pocket turn lane within the public right of way for review and approval by the Public Works Director if a right pocket turn lane is determined to be a substantial public safety enhancernent within a five (5) year timeframe based on traffic projections.", and . "The applicant shall dernonstrate to the satisfaction of the Public Works Director that the turning radius' within the project site can accommodate a range of vehicles frorn large trucks and buses, to cars, or the project shall return to the City Council for additional review and modification.", and Modifying Condition #5 as follows: . "The applicant shall agree to defend, indemnify and hold harmless at his/her sole expense any action. claim or proceedinq brought against the City, its present or former agents, officers, or employees within the time period provided for in Government Code Section 66499.37 because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The City shall promptly notify the applicant of any claim. action or proceedinq and shall cooperate fully in its defense. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees 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. This condition is imposed pursuant to Government Code Section 66474.9. Minutes: City Council Meeting Tuesday, May 9, 2006 Page 9 Council Member Arnold accepted the clarifications to the motion, Council Member Dickens' second held, and the motion carried on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie Ferrara None 10. CONTINUED BUSINESS ITEMS 10.a. Consideration of Ballot Measure for a Local Sales Tax Override. City Manager Adams presented the staff report and recommended the Council: 1) Direct staff to prepare a final resolution and ordinance for City Council consideration at the June 27, 2006 meeting to place a Y, cent local sales tax override measure and four advisory measures on the November 2006 ballot; and 2) Comment on the draft language of the resolution, ordinance and ballot arguments. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Ira Huohes, Arroyo Grande property and business owner, stated he had attended the recent Town Hall meeting and noted that most of the attendees were not in favor of the proposed ballot measure. He spoke of the proposed measure's effect on the increase in the price of gas; that property owners are already paying a Y. percent tax to Lucia Mar; that the cities included in the Benchmark Study are not comparable to the Five Cities; that Arroyo Grande is the highest per capita in the Five Cities as it relates to services; stated that as a business person, he has been asked by consumers what the sales tax base is and noted that people who want to save a Y, cent will shop somewhere else; stated that a sales tax increase in this City is a poor venture; noted that the City of San Luis Obispo spent $125,000 to do a sales tax study; noted that the City is realizing a huge increase in property tax due to the number of homes sold in the last 12 months; and concluded by opposing the proposed ballot measure. Steve Ross, representing the Arroyo Grande Chamber of Commerce, stated the Chamber of Commerce has published a position paper on taxes. He said the Chamber does not support a general tax; however it would support a special tax for a specific use if it were demonstrated that it was needed. He said the Chamber would consider supporting a proposed measure if it was a special tax. He noted that the Chamber Board voted to support the Cuesta College bond measure specifically because the bond measure is coming forward as a tax that would be restricted for a certain group of items and not a general fund tax. Upon hearing no further pUblic comments, Mayor Ferrara closed the public comment period. Council comments ensued which included support for the proposed ballot measure; acknowledgment that the City is looking at its long-term needs for which funding is needed; a preference to pursue a general tax versus a special tax, without a sunset clause, as it would be used as a funding mechanism for long-term major projects, including transportation improvements, infrastructure, and public safety projects; support for the proposed advisory measures which will provide guidance to the City on how the funds should be spent; support that a public hearing and review by the City Council be required every five years to determine if the sales tax is still necessary; support that an annual report be provided to every household outlining how the funds have been expended in the prior year and proposed to be expended Minutes: City Council Meeting Tuesday, May 9, 2006 Page 10 during the upcoming fiscal year; and support for giving the people the ability to vote on the measure. 11. NEW BUSINESS ITEMS 11.a. Consideration of Memorandum of Understanding (MOU) between the City of Arroyo Grande, Lucia Mar Unified School District, J.H. Land Partnership and John Taylor, Trustee Regarding Land Acquisition and Extension of Castillo Del Mar to Valley Road. City Manager Adams presented the staff report and recommended the Council approve and authorize the Mayor to execute the MOU between the City of Arroyo Grande, Lucia Mar Unified School District, J.H. Land Partnership and John Taylor, Trustee. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Council Member Arnold moved to approve and authorize the Mayor to execute the proposed Memorandum of Understanding (MOU) between the City of Arroyo Grande, Lucia Mar Unified School District, J.H. Land Partnership and John Taylor. Trustee. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Costello, Dickens, Guthrie, Ferrara None None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11 :02 p.m. Minutes: City Council Meeting Tuesday, May 9, 2006 Page 11 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 23, 2006 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL CALL: Mayor Pro Tern Guthrie called the meeting to order at 6:32 p.m. Council Member Jim Dickens, Council Member Joe Costello, Council Member Ed Arnold, City Manager Steven Adams, and City Attorney Timothy Carmel were present. Mayor Ferrara was absent. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code See<tion 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 007-192-038; Vacant Lot at 210 Le Point Street Steven Adams, City Manager Dorfman Homes, Inc., A CA Corp. Price, Terms and Conditions of Potential Purchase b. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6:, Agency Negotiator: Unrepresented Employees: Steven Adams, City Manager Management and Part-time Employees Mayor Ferrara arrived prior to discussion of Item 3.c. c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 077-241-032; Vacant Lot, North Side of Farroll Steven Adams, City Manager Jacqui King Price, Terms and Conditions of Potential Purchase 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. MINUTES OF CITY COUNCIL SPECIAL MEETING MARCH 23, 2006 PAGE 2 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, MAY 23, 2006 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 7:07 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tern Jirn Guthrie, and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works/City Engineer Don Spagnolo, and Director of Cornmunity Development Rob Strong. 3. FLAG SALUTE Members of Boy Scout Pack 425 Den 2 Bears led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh Day Adventist Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Proclaiming May 21-27, 2006 as "National Public Works Week". Mayor Ferrara presented an Honorary Proclamation proclaiming May 21-27, 2006 as National Public Works Week. Director of Public Works/City Engineer Spagnolo accepted the Proclamation. 5.b. Honorary Commendation Recognizing the Tree Guild of Arroyo Grande. Mayor Ferrara presented an Honorary Proclamation recognizing the Tree Guild of Arroyo Grande for their volunteerisrn and contribution in the April 29th tree planting on Traffic Way. Kristen Barneich, Scott Dowlan, and Gary Scherquist, representing the Tree Guild, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only Council Mernber Dickens moved, Council Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Gail Liqhlfoot, Arroyo Grande, announced a television show to be shown on public access channel 2 on Thursday, May 25th, Saturday, May 27'h, and Monday, May 29th regarding Flood Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 2 Zone 1/1A and encouraged the Council and members of the public to learn more about Zone 1/1A issues. Colleen Martin, Arroyo Grande, representing the Mike Titus Memorial Committee, read from a prepared statement which stated that last Tuesday she had tried twice to file a formal appeal to the Planning Commission of a staff decision as provided for in the Development Code; however, staff did not accept the appeal application, fee, and addendum. She said the City Manager and City Attorney had advised her that the process of a citizen's appeal to a citizen board was unheard of and there was no precedence for the appeal. She requested the Council accept the appeal application and fee, read an excerpt from the City's Development Code, and stated the Committee wished to file an objection to the decision by the City Manager to deny the filing of the formal appeal. . Lynn Titus, Arroyo Grande, stated she was not here to discuss the substance of the Committee's appeal to the Planning; however, she requested the right of a formal appeal by citizens be placed on the Agenda so this issue can be discussed and clarified. In response to public comments, Mayor Ferrara directed the City Manager to schedule a meeting with the members of the Mike Titus Memorial Committee. 8. CONSENT AGENDA Mayor Ferrara invited any member of the public who wished to comment on any Consent Agenda item to do so at this time. There were no public comments received. Council Member Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Dickens Arnold, Guthrie, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 1, 2006 through May 15, 2006. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of April 30, 2006. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of April 25, 2006, as submitted. . 8.d. Consideration of Annual Agreement with the San Luis Obispo County Visitors & Conference Bureau. Action: Approved and authorized the Mayor to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). 8.e. Consideration of Public Art Donation Program. Action: Approved the proposed Public Art Donation Program. 8.f. Consideration of a Resolution Establishing a Job Description for the Civil Engineer Job Series. Action: Adopted Resolution NO.3919 establishing a job description for the Civil Engineer job series. Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 3 8.g. Consideration of Approval of Land Lease Agreement with New Cingular Wireless PCS, LLC dba Cingular Wireless. Action: Approved and authorized the Mayor to execute a Land Lease Agreement between the City and New Cingular Wireless PCS, LLC, dba Cingular Wireless, for use of approximately three hundred twenty (320) square feet of property located at 1221 Ash Street, Arroyo Grande, California (Soto Sports Complex). 9. PUBLIC HEARINGS 9.a. Consideration of Conditional Use Permit Case No. 06-001 and Administrative Sign Program Case No. 06-001 to Construct a 4,375 Square Foot Single Story Building for a Financial Institution Located at 1570 W. Branch Street in the Oak Park Plaza; Applied for by Coast Hills Federal Credit Union. Community Development Director Strong presented the staff report and stated the Planning Commission recommends the City Council adopt a Resolution approving Conditional Use Permit Case No. 06-001 and Administrative Sign Program Case No. 06-001. Staff responded to questions from Council, including confirmation that the eight additional recommendations made by the Planning Commission were incorporated into the project; clarification regarding security lighting located near the ATM machine versus illuminated signage on the building; clarification regarding the location of the ATM machine; and clarification regarding the hours of operation for construction activities. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter, and upon hearing none he closed the public hearing. Council comments included support for the project; that a financial use was appropriate for this location; support for the conditions added by the Planning Commission; some concern regarding the potential negative impact to the adjacent restaurant parking; and that the proposed bank will provide the best fit with existing uses in the Center. Further discussion ensued regarding the hours of operation allowed for construction and that there were some inconsistencies in the conditions in the Resolution regarding hours of construction operation. Following discussion, it was agreed that hours of construction should be from 7:00 a.m. to 5:00 p.m. and the conditions were modified to reflect those hours. City Attorney Carmel identified the corrected conditions. Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 06-001 AND ADMINISTRATIVE SIGN PROGRAM CASE NO. 06-001 TO CONSTRUCT A 4,375 SQUARE FOOT SINGLE STORY BUILDING FOR A FINANCIAL INSTITUTION LOCATED AT 1570 W. BRANCH STREET IN THE OAK PARK PLAZA; APPLIED FOR BY COAST HILLS FEDERAL CREDIT UNION", as amended, to establish the hours of construction from 7:00 a.m. to 5:00 p.m. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None Minutes: City Council/Redevelopment Agency Meeting - Tuesday, May 23, 2006 Page 4 10. CONTINUED BUSINESS None_ 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2005-06 Third Quarter Budget Report [CC/RDA]. Director of Financial Services Kraetsch presented the staff report and recommended the Council/Redevelopment Agency Board of Directors: 1) Approve detailed budget adjustments listed in the 3rd Quarter budget report; 2) Approve Schedule A & B; 3) Approve (Deny) requests for additional appropriations in the General Fund as detailed. Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council/Board Member Costello moved to 1) Approve detailed budget adjustments listed in the 3rd Quarter budget report; 2) Approve Schedule A & B; and 3) Approve requests for additional appropriations in the General Fund as detailed. Council/Board Member Amold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Amold, Dickens, Guthrie, Ferrara None None 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Attended the Executive Committee meeting; the Califomia Transportation Commission (CTC) approved the major projects submitted for funding with the exception of Willow Road; reported on difficulty with CTC on timeframes for design issues related to the Highway 41/101 interchange project in Atascadero. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that the chlorinator project won the Public Works Project of the Year Award for San Luis Obispo, County; Board voted and unanimously approved a Prop 218 ballot measure to allow the Sanitation District to be assessed. (3) Other. None. b. MAYOR PRO TEM JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). None; haven't met since the last report. Noted that a Board retreat is scheduled for June 9th to look at establishing a direction for the EVC. (2) Other. None. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). No report. (2) South County Youth Coalition. No report. (3) Other. None. Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 5 d. COUNCil MEMBER JOE COSTEllO: (1) Zone 3 Water Advisory Board. Reported that expenditures are on target; reported that Lopez Lake is at 90% capacity. (2) Air Pollution Control District (APCD). No report. (3) Fire Oversight Committee. No report. (4) Fire Consolidation Oversight Committee. Met to discuss potential for equipment sharing and to explore any additional joint purchasing opportunities. (5) Other. None. e. COUNCil MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Reported that a model ordinance for battery and fluorescent tube recycling is being planned for circulation to cities for review; however, there may be some delay due to concerns from the State about battery recycling. Also announced that new recyclable boxes are available. Staff was requested to contact the Village Association to ensure that they provide sufficient recycling containers at the Strawberry Festival. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) County Water Resources Advisory Committee (WRAC). Received presentation from the Central Coast Regional Water Quality Board regarding low impact development as it relates to groundwater absorption rate; there is pending legislation regarding this issue; will keep staff informed. (4) Other. None. 13. CITY COUNCil MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. 15. COUNCil COMMUNICATIONS: Council Member Arnold requested follow-up from staff regarding public comment concerning the Development Code appeal process. Mayor Ferrara requested that a meeting be scheduled for him and one other Council Member with the Mike Titi.Js Memorial Committee in response to their request. Council Member Arnold offered to attend that meeting. 16. STAFF COMMUNICATIONS: City Manager Adams announced there would be a Town Hall Meeting on Thursday, April 27'h at 6:00 p.m. in the Council Chambers regarding City funding needs and a potential sales tax measure. 17. COMMUNITY COMMENTS AND SUGGESTIONS: Nancy Castle, AGP Video, announced there would be a special meeting on May 3151 at 6:00 p.m. in the Council Chambers about Arroyo Grande Creek and it would be videotaped and shown on Channel 20. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:05 p.m. Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 6 Tony Ferrara, MayorlChair ATTEST: Kelly Wetmore, City Clerk/Agency Secretary (Approved at CC Mtg ) B.c. MEMORANDUM TO: FROM: CITY COUNCIL ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICESkh CONSIDERATION OF FISCAL YEAR 2006-07 APPROPRIATION LIMIT JUNE 13, 2006 SUBJECT: DATE: RECOMMENDATION: It is recommended the City Council adopt the attached Resolution establishing the appropriation limit from tax proceeds for Fiscal Year 2006-07. FUNDING: There is no fiscal impact. DISCUSSION: Annually, the City is required to calculate the expenditure appropriation limit from tax proceeds to determine compliance with Propositions 4 (Gann Initiative) and 111 (Spending Limitation Act of 1990). This calculation is based on the previous year's appropriation limit ($14,387,326) multiplied by the per capita personal income percentage increase (3.96%) and multiplied again by the population percentage change (.1325%). The State Department of Finance provides both the population change and the per capita personal income change for the previous fiscal year. The City is responsible for dividing citywide revenues between tax and non-tax revenue and applying the formula to the cumulative appropriation limit. For Fiscal Year 2006-07 the appropriation limit has been calculated to be $14,976,882. This calculation means that the City cannot receive more than $14,976,882 in tax-based revenues in Fiscal Year 2006-07. The estimated tax-based revenues for Fiscal Year 2006-07 have been calculated to be $10,728,292, over $4 million less than the appropriation limit. Therefore, the City is in compliance with Article XIIIS of the California Constitution. Attachments: 1. Categorization Of Estimated Revenue RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2006-07 WHEREAS, Sections 7900 et seq. of the Government Code provides for the effective and efficient implementation of Article XIIIS of the California Constitution; and WHEREAS, Sections 7901 through 7914 provide that each year, the governing body of each local jurisdiction shall, by Resolution at a regularly scheduled meeting, establish the . annual adjustment factors to be used and the appropriation limit; and WHEREAS, any judicial action or challenge to the appropriations limit shall be commenced within 60 days of the effective date of the Resolution adopted in accordance with Government Code Section 7910. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: 1. The California per capita income and the population of San Luis Obispo County, California are recognized as the annual adjustment factors for Fiscal Year 2006-07. 2. The appropriation limit for Fiscal Year 2006-07 is hereby set at fourteen million, nine hundred and seventy-six thousand, eight hundred and eighty-two dollars ($14,976,882). 3. Documentation used in determination of the appropriation limit is set forth in Exhibit A, attached hereto and incorporated herein by this reference. 4. This Resolution is effective on its date of adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of ,2006. RESOLUTION NO. PAGE 2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY < - :E .c >< w ~ a <:>:: "'" ~ >;;;l ~ ~ ~ ~ ~ I.:i SB g o ~ ~ ~ 6 ~ ~ h....l ~:SiJ ~ ~ ~ ~ ~ ~ Eo< '" tl ~ 6 h ::s :::i v '-4 23 \D N '" ~ 00 '" '<TO ~ "" \D o , V) o o N .... <2 ... ] I::i o .~ .. 'C 0, o .... 0, 0, --< u; .... B u ~ <!) OJ) ;j ..I::i u ... 's :=: I::i o .~ 'C S .... ~ <!) .;:; >. .0 "0 .~ ~ ... "3 :::s ~ \D 0; '" <!) OJ) ;j ..I::i U <!) 0 S .~ o E! u ~ .s I::i o .~ '" .... <!) Ei o U - ol I::i o el <!) I'-. Zl 's. ol U .... <!) I'-. o o ~ + ~ \D 0; '" \D ~ '" c: ~ II o o ~ ~ V) N '" ~ ci t- ~ [;; ~ N \0.... \0" N ~ ~ <!) OJ) ] ~ UV)\D ;j I::i 8 8 ..I::i ON N U .~ ~ ::l 0, o I'-. V) N '" ~ o c: ~ II o o ~ + V) N '" ~ II N N .9 ... ~ o ... I::i .9 '" .... <!) Ei o U M 00 00 v! t-- Q\ ..; ... "" o o ~ ~ ~ V) v:S ~ t-- <:> , \0 <:> <:> M ~ r-l ;;.. ... --< U '" - ~ Q::i o ~ E-< - ~ - ... z o - E-< --< ;: I'-. o Q::i I'-. ~ M Q\ M ~ ~ = ... "" o E-< E-< U r:; = ~ '" '" r-l ~ E-< ~ o "'E-< ~- r-l~ r-l_ U... Oz Q::io 1'-._ t-E-< 0--< ~;: 01'-. MO ~Q::i r-ll'-. E-<I'-. --<--< ~ - E-< '" r-l CITY OF ARROYO GRANDE CATEGORIZATION OF ESTIMATED REVENUE Revenue Sources Taxes Property Tax Sales Tax Sales Tax-Safety Transient Occupancy Tax Business License Tax Other Taxes Licenses and Permits Building Dep!. Permits Other Licenses and Permits Fines M.V. Code Fines Local Ordinance/Parking Use of Prooertv Rent NSF Fees/Cr.Bur.Coll. Aid From Other Gov't Aeencies M.V. License Fees Homeowners Prop.Tax Relief P.O.S.T. Reimb. Other Subventions Mandated Cost Recovery PoO.Officer Grant/Sharing Other Grants Gas Tax Streets Revenues Charees For Current Services Community Development Fees Safety Impact Fees Recreation Program Fees Public Access Fees Sewer Utility Billings Park Development Fees Landscape District Assessment Traffic Signal Assessment Transportation Facility Impact Water Neutralization Impact Fees In-lieu Affordable Housing Other Current Services Proceeds From Taxes 5,757,260 2,840,000 461,000 81,150 557,050 162,550 43,260 350,900 364,159 Non Proceeds From Taxes 108,150 305,671 51,626 108,500 35,000 213,500 465 49,000 35,000 22,000 71,500 185,000 176,580 210,540 559,100 38,000 755,800 222,500 5,900 68,000 169,300 234,600 15,000 174,050 Attachment 1 Attachment 1 CITY OF ARROYO GRANDE CATEGORIZATION OF ESTIMATED REVENUE Proceeds Non Proceeds Revenue Sources From Taxes From Taxes Charlles For Current Services Sewer Facility Charges 75,000 Hydrant Water 4,080 Water Utility Billings 2,029,600 Meter Installations 27,950 Lopez Water Avail.Charges 177,200 Lopez Utility Billings 2,100,000 Water Distrib/Main Charges 93,300 Taxi Coupon Sales 14,212 Assessments-Parking District 11,500 Other Revenue Sales of Property 41,350 Expenditure Recovery 210,885 Miscellaneous 30,080 Other Revenue 10,010 Total Revenue, Not Including Interest 10,617,329 8,639,949 Interest Percentage 55.13% 44.87% Interest % Applied 110,963 90,297 Total Revenue, Including Interest 10,728,292 8,730,246 Grand Total Budget City Revenue 19,458,538 B.d. MEMORANDUM TO: FROM: SUBJECT: DATE: CITY COUNCIL ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICESH. CONSIDERATION OF CONFIRMATION OF ASSESSMENTS JUNE 13, 2006 RECOMMENDATION: It is recommended the City Council: · Adopt a resolution confirming landscaping assessments of forty dollars ($40) for all parcels within Tract 1158; · Adopt a resolution confirming landscaping and lighting assessments of one hundred dollars ($100) for all parcels within Tract 1769. FUNDING: There is no fiscal impact to the City. DISCUSSION: On June 9, 1992, Landscaping and Lighting Assessment District No.1 was created to provide landscaping and lighting improvement and maintenance for Tract 1769. The annual assessment was $100 per parcel located within Tract 1769 (a total of $3,000). The Tract 1769 landscaping and lighting assessment must be confirmed each year. On May 28, 1996, at the request of the homeowners within Tract 1158, the City agreed to provide landscaping and related maintenance to a portion of the greenbelt and appurtenances located on Oak Park Boulevard for the benefit of parcels located within Tract 1158. The City Council and parcel owners agreed to an annual $40 per parcel City charge (for a total of $2,800) for this service. The Tract 1769 landscaping and lighting assessment and the Tract 1158 landscape maintenance charge will be added to the tax roll of the affected property owners and collected by the San Luis Obispo County Tax Collector. AL TERNA TIVE5: The following alternatives are presented for the City Council's consideration: - Approve staff recommendation; Do not approve staff recommendation; - Modify staff recommendation and approve; Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING AND LIGHTING ASSESSMENT WHEREAS, on June 9, 1992, the City Council of the City of Arroyo Grande ordered the formation of Arroyo Grande Landscaping and Lighting Assessment District No.1, within Tract 1769, containing 30 single-family home sites located at Farroll Avenue and Oak Park Boulevard; and WHEREAS, it is the intention of the City Council of the City of Arroyo Grande to levy assessments totaling $3,000 ($100 per assessable parcel) for Landscaping and Lighting Assessment District No.1 for the Fiscal Year 2006-07. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the above recitals are true and correct. 2. That the assessments shown on Exhibit "An, attached hereto and incorporated herein by this reference, are confirmed as true and correct. 3. Immediately after adoption, a certified copy of this Resolution shall be filed with the County Auditor. 4. The assessment shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the remaining amount of the assessments, after deducting compensation due the County for collection, shall be paid to the City. 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 ,2006. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY I SAN LUIS OBISPO COUNTY TAX SYSTEM TRACT 1769 ASSESSMENTS FOR TAX ROLL YEAR 2006-07 Fund Assessment # Charae 1765 077253001 100.00 1765 077253002 100.00 1765 077253003 100.00 1765 077253004 100.00 1765 077253005 100.00 1765 077253006 100.00 1765 077253007 100.00 1765 077253008 100.00 1765 077253009 100.00 1765 077253010 100.00 1765 077253011 100.00 1765 077253012 100.00 1765 077253013 100.00 1765 077253014 100.00 1765 077253015 100.00 1765 077253016 100.00 1765 077253017 100.00 1765 077253018 100.00 1765 077253019 100.00 1765 077253020 100.00 1765 077253021 100.00 1765 077253022 100.00 1765 077253023 100.00 1765 077253024 100.00 1765 077253025 100.00 1765 077253026 100.00 1765 077253027 100.00 1765 077253028 100.00 1765 077253029 100.00 1765 077253030 100.00 TOTAL 3.000.00 EXHIBIT "An RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING ASSESSMENT WHEREAS, on May 28, 1996, the Arroyo Grande City Council approved an Amendment to Covenants, Conditions, and Restrictions for Tract 1158 (Oak Park Villas) whereby the City of Arroyo Grande agreed to provide certain specified landscaping and related maintenance on real property located along Oak Park Boulevard adjacent to Tract 1158, Arroyo Grande, California, which maintenance was previously provided by the homeowners in Tract 1158 and administered by the Oak Park Villas Homeowners Association; and WHEREAS, the owners of Lots 1 through 70, Tract 1158, agreed to pay an annual assessment of $40 per parcel, in exchange for the City's agreement to provide said maintenance services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the above recitals are true and correct. 2. That the assessment for the current fiscal year shown on Exhibit "A", attached hereto and incorporated herein by this reference, are confirmed as true and correct. 3. Immediately after adoption, a certified copy of this Resolution shall be filed with the County Auditor. 4. The assessment shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the remaining amount of the assessments, after deducting compensation due the County for collection, shall be paid to the City. 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 ,2006. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: ;,".- KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY r EXHIBIT "A" SAN LUIS OBISPO COUNTY TAX SYSTEM TRACT 1158 ASSESSMENTS FOR TAX ROLL YEAR 2006-07 Fund Assessment # CharQe Fund Assessment # CharQe 1764 007773001 40.00 1764 007773036 40.00 1764 007773002 40.00 1764 007773037 40.00 1764 007773003 40.00 1764 007773038 40.00 1764 007773004 40.00 1764 007773039 40.00 1764 007773005 40.00 1764 007773040 40.00 1764 007773006 40.00 1764 007774041 40.00 1764 007773007 40.00 1764 007774001 40.00 1764 007773008 40.00 1764 007774002 40.00 1764 007773009 40.00 1764 007774003 40.00 1764 007773010 40.00 1764 007774004 40.00 1764 007773011 40.00 1764 007774005 40.00 1764 007773012 40.00 1764 007774006 40.00 1764 007773013 40.00 1764 007774007 40.00 1764 007773014 40.00 1764 007774008 40.00 1764 007773015 40.00 1764 007774009 40.00 1764 007773016 40.00 1764 007774011 40.00 1764 007773017 40.00 1764 007774012 40.00 1764 007773018 40.00 1764 007774013 40.00 1764 007773019 40.00 1764 007774014 40.00 1764 007773020 40.00 1764 007774015 40.00 1764 007773021 40.00 1764 007774016 40.00 1764 007773022 40.00 1764 007774017 40.00 1764 007773023 40.00 1764 007774018 40.00 1764 007773024 40.00 1764 007774019 40.00 1764 007773025 40.00 1764 007774020 40.00 1764 007773026 40.00 1764 007774021 40.00 1764 007773027 40.00 1764 007774022 40.00 1764 007773028 40.00 1764 007774023 40.00 1764 007773029 40.00 1764 007774024 40.00 1764 007773030 40.00 1764 007774025 40.00 1764 007773031 40.00 1764 007774026 40.00 1764 007773032 40.00 1764 007774027 40.00 1764 007773033 40.00 1764 007774028 40.00 1764 007773034 40.00 1764 007774029 40.00 1764 007773035 40.00 1764 007774030 40.00 Total $2.800.00 8.e. MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK ~ SUBJECT: CONSIDERATION OF RESOLUTIONS FOR THE 2006 GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY DATE: JUNE 13,2006 RECOMMENDATION: It is recommended the City Council: 1) Adopt a Resolution calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 2006, for the election of certain officers of the City; 2) Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 7, 2006, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and 3) Adopt a Resolution adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an Election to be held on Tuesday, November 7, 2006. FUNDING: An appropriation of $11,000 to fund the November 2006 General Municipal Election has been included in the Administrative Services Fiscal Year 2006-07 Budget. The total cost is projected to be within this budgeted amount; however, an additional appropriation will be necessary if local measures are added to the ballot. DISCUSSION: This year, the terms of Mayor Ferrara, Council Member Costello, and Council Member Dickens 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 7,2006, for the purpose of electing a Mayor for a full term of two years, and CITY COUNCIL CONSIDERATION OF RESOLUTIONS FOR THE 2006 GENERAL MUNICIPAL ELECTION JUNE 13, 2006 PAGE 2 two members of the City Council for full terms 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 proportional share of the costs. Based on final costs incurred in previous elections for candidates only (no measures), staff estimated a cost of $11,000 for the 2006 General Municipal Election, which the Council approved in the Administrative Services Fiscal Year 2006-07 Budget. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the Resolutions pertaining to the 2006 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 7, 2006, 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 7, 2006, for the election of Municipal Officers; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande 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 7,2006, a General Municipal Election for the purpose of electing a Mayor for the full term of two years and two Members of the City Council 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 City Clerk 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 Section 14401 of the Elections Code of the 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 City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. RESOLUTION NO. PAGE 2 On motion of Council Member on the following roll call vote, to wit: AYES: NOES: ABSENT: , seconded by Council Member the foregoing Resolution was passed and adopted this day of June, 2006. , and RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Arroyo Grande called a General Municipal Election to be held on November 7, 2006, for the purpose of the election of a Mayor and two Members of the City Council; 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, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That pursuant to the requirements of Section 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 7, 2006, for the purpose of the election of a Mayor and two Members of the City Council. 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 City Clerk 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 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 the following roll call vote, to wit: , seconded by Council Member , and on AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of June, 2006. RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Arroyo Grande on November 7, 2006, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until five p.m. of the next working day after the close of the nomination period. 2. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 3. FOREIGN LANGUAGE POLICY. a) An amendment to the Voting Rights Act of 1965, Section 203, determined that the County of San Luis Obispo and cities therein are not required to provide voting materials in the minority language as of June 25, 1984. b) Each candidate has the option of having the candidate's statement translated and printed into the Spanish language in the sample ballot. c) The City Clerk shall have translated those statements into the Spanish language as requested by the candidate. d) The City Clerk shall have printed those translations into the Spanish language of candidates who so request printing in the sample ballot. 4. PAYMENT. a) The candidate shall not be required to pay for the cost of printing the candidate's statement in English in the sample ballot. b) The candidate shall be required to pay for the cost of translating and printing the candidate's statement in the Spanish language in the sample ballot. c) The City Clerk shall require payment for the costs incurred for such services before authorizing the expenditure of funds for Spanish translation and printing purposes. RESOLUTION NO. PAGE 2 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. 4. That this Resolution shall apply at the next ensuing municipal election and at each municipal election after that time, unless and until this Resolution is amended, replaced, or repealed. 5. That the 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 following roll call vote, to wit: , seconded by Council Member , and on the AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted on this _ day of June, 2006. RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 8.f. MEMORANDUM TO: CITY COUNCIL TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE@ KAREN SISKO, HUMAN RESOURCES MANAGER v:J-- SUBJECT: CONSIDERATION OF A RESOLUTION MODIFYING THE COMPENSATION OF VOLUNTEER FIREFIGHTERS FROM: BY: DATE: JUNE 13, 2006 RECOMMENDATION: It is recommended the City Council adopt a resolution modifying the compensation for Volunteer Firefighters. FUNDING: All proposed changes to compensation are within amounts allocated in the FY 2005-06/FY 2006-07 Bi-Annual Budget. DISCUSSION: The current Volunteer Firefighter program is proposed to be modified in order to increase participation by Firefighters, to be fairly compensated for the time they are working during evening staffing, and to comply with national standards that suggest a four-person engine company. Only the Volunteer Firefighters actually needed for emergency response will be utilized on a paid call basis. Currently, the City's Volunteer Firefighters receive a monthly stipend for attending training sessions and meeting attendance standards for emergency response. They are paid an hourly wage for daily shifts and a $50 stipend for a twelve-hour evening shift. Many Volunteer Firefighters are finding it more and more difficult to meet the attendance requirements for both the training sessions and emergency responses for a variety of reasons, including substantial increases in the cost of living, and specifically fuel costs. Members are also increasingly less willing to sign up for evening staffing because of the low rate of pay for the shift. Currently, the hourly wages for daily staffing are: Firefighter Engineer/Driver Operator Captain/Officer in Charge $9.00 per hour $10.00 per hour $11.00 per hour CITY COUNCIL CONSIDERATION OF A RESOLUTION MODIFYING THE COMPENSATION FOR VOLUNTEER FIREFIGHTERS JUNE 13,2006 PAGE 2 Volunteer Firefighters sign up for shifts, they are not assigned shifts. When the current evening staffing system was implemented in 1995, there were approximately thirty-six active volunteer members in the department. This allowed members the opportunity to only have to work one or two evening shifts per month. Now that staffing levels have become low (approximately nineteen active members) due to decreased volunteer applications, a reduced pool of volunteer members must fill these shifts. Minimum training requirements have increased over the past five years. Citizens who want only to give back to their community are required to be trained and qualified to the same level as Firefighters striving to make firefighting an economically viable career. This, compounded with the cost of living and the hours required to meet these stringent requirements, is one of the major reasons the City is not obtaining the Volunteer Firefighter candidates needed today. Due to these factors, an increase in the evening hourly compensation from a stipend of $50 per shift to the hourly rate as indicated above for the position staffed would increase the interest of ou r present labor pool and fairly compensate the Department members for the amount of time worked. Staff has met several times to hear the concerns of the Firefighters. Staff then developed a conceptual compensation plan and has gained buy-in by the affected group regarding these recommendations. With this new plan, staff is hoping it will encourage more members to sign up for evening staffing. This will help augment the response by the on- duty crew, as well as in the event of multiple apparatus response during large-scale incidents. Finally, the proposed compensation plan would compensate personnel when summoned to respond for station coverage and supplemental emergency response. Because of the introduction of full-time staffing and automatic aid response in the case of simultaneous requests for service, response to the station by volunteers has been lessened. However, emergencies such as structure fires, serious vehicle accidents, and calls with lengthy on- scene times still require back-up from our volunteers. A new radio pager alert will be implemented for additional City coverage requirements under the aforementioned circumstances. This radio page will alert the volunteer members of the need for additional personnel at either the station, or the scene of the emergency. For this type of call-out, personnel would respond and they would be paid at the hourly rate established for their particular rank in the department. Because of the relatively low frequency of this type of call-out, the costs associated with the hourly payment of these personnel would likely remain well below the allocated amount of the budget line item already established. As personnel arrive at the station, apparatus will continue to be upgraded with qualified personnel. The ultimate goal is to provide a Captain/OIC, Engineer/Driver Operator, and two Firefighters to staff Truck 6645 and Engines 6695 and 6696. This will provide any additional apparatus required for response. CITY COUNCIL CONSIDERATION OF A RESOLUTION MODIFYING THE COMPENSATION FOR VOLUNTEER FIREFIGHTERS JUNE 13,2006 PAGE 3 Once adequate staffing levels have been reached all overhead personnel will be released and will be compensated for one (1) hour at their current hourly wage. If standby exceeds one hour, personnel will be compensated accordingly in quarter (1/4) hour increments. The members will be paid hourly for three hours per training session, not to exceed twelve hours per month. The volunteers will be assigned to a 7(k) work schedule. The work period shall be twenty-seven days, which is consistent with full-time Firefighter staffing. Overtime shall be at the rate of time and one-half of the employee's base salary and shall be paid after 204 hours in the twenty-seven day cycle. The 7(k) work period is compliant with the Fair Labor Standards Act. By eliminating the current monthly stipend for drills, totaling $102,072 per year and paying the members an hourly wage for drills, totaling $53,352 per year, the City will save $48,720 per year. By eliminating the current evening staffing stipend of $18,240 per year and paying the members an hourly wage, using an average Engineer's salary of $10 per hour, there will be an increase of $25,560 per year. This increase could be lower ($21, 180) since most evening shifts are staffed by Firefighters at $9.00 per hour. Total cost savings would be $23,160 per year. Additionally, it is proposed that the daily staffing level (twelve-hour shift) be increased by one Volunteer Firefighter I position due to increased workloads with hose testing, fire prevention, public education, code enforcement, equipment, station and apparatus maintenance, and the ability to respond with multiple pieces of apparatus in a timely manner. Annual compensation for that position is $38,880. With the cost savings of $23,160 per year, this one extra position will cost $15,720 per year. With the Fire Department's temporary and part-time salary budget of $280,000 for FY06/07, this change will be achievable within the allocated budget line item. This staffing arrangement would also allow the department to more closely fulfill the nationally accepted goal of a four- person engine company for the twelve-hour period of 7:00 AM to 7:00 PM, which is generally the busiest time of the day. CITY COUNCIL CONSIDERATION OF A RESOLUTION MODIFYING THE COMPENSATION FOR VOLUNTEER FIREFIGHTERS JUNE 13, 2006 PAGE 4 Outlined below for your review and consideration are the current and proposed Monthly compensation plans. These numbers are all based on a 36-volunteer member Fire Department. Presently we have 19 active volunteer members. Position Current Current Current Dally Total Total Monthly Evening Compensation Compensation Compensation Stipend Compensation Per Month Per Month Per Year Cnmpensation Per Month Captain 904.00 904.00 10,848.00 Engineer II 1,534.00 1,534.00 18,408.00 Engineer I 1,437.00 1,520.00 3,650.00 6,607.00 79,284.00 Firefighter II 3,331.00 3,331.00 39,972.00 Firefighter I 1,300.00 1,300.00 15,600.00 TOTAL $8,506.00 $1.520.00 $3,650.00 $13.676.00 164,1l2.00 Position Proposed Proposed Current Daily Proposed Total Total Drill Evening Compensation Additional Proposed Proposed Compensation Compensation Per Month Firefighter I Compensation Compensation Per Month Position Per Month Per Year Captain 429.00 429.00 5,148.00 Engineer II 780.00 780.00 9,360.00 Engineer I 780.00 3,650.00 3,650.00 8,080.00 96,960.00 Firefighter II 1,755.00 1,755.00 21,060.00 Firefighter I 702.00 3,240.00 3,942.00 47,304.00 TOTAL $4 446.00 $3,650.00 $3,650.00 $3,240.00 $14,644.00 179,832.00 Reminder: It is anticipated that the Department will continue to operate below the maximum number of 36 members, thereby further reducing these projected expenses. As is the practice today, salary for the present volunteer/part-time employees associated with the Department would continue to be paid from these line items. Those positions today are the Fire Mechanic, Administrative/Grants Officer, Communications Officer, Division Chief, and Weed Abatement Officers. The positions of Chaplain and Division Chief would continue to receive their stipend as volunteers as they are not paid for hours worked. Other local cities, including Grover Beach, Morro Bay, and Atascadero have compensation programs similar to the one proposed, as do other small cities across the state. CITY COUNCIL CONSIDERATION OF A RESOLUTION MODIFYING THE COMPENSATION FOR VOLUNTEER FIREFIGHTERS JUNE 13,2006 PAGE 5 ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staff's recommendation; 2. Do not approve staff's recommendation; 3. Modify as appropriate and approve staff's recommendation; or 4. Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE COMPENSATION FOR VOLUNTEER FIREFIGHERS WHEREAS, the City of Arroyo Grande ("City") utilizes Volunteer Firefighters as a critical component of its Fire Department and fire protection services; and WHEREAS, the City Council of the City of Arroyo Grande deems it in the best interest of the City to augment daily staffing by one Firefighter I position and modify the compensation plan as herein provided. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. Daily staffing will be increased by one Volunteer Firefighter I position. 2. Fire Volunteers will no longer receive a stipend for evening staffing. They will be compensated at the hourly rate of their present position. 3. Fire Volunteers, with the exception of the two positions noted below that will continue to receive their current monthly stipend, will no longer receive a monthly stipend for attending training sessions. They will be compensated at the hourly rate of their present position for three hours per training session. Division Chief Fire Chaplain $305/month $200/month 4. Fire Volunteers will continue to be paid at the following rates: Firefighter EngineerlDriver Operator Captain/Officer in Charge Fire Mechanic $9.00 per hour $10.00 per hour $11.00 per hour $21.63 per hour 5. Fire Volunteers will be assigned to a 7(k) work schedule. The work period shall be twenty-seven days, consistent with full-time Firefighter staffing. Overtime shall be at the rate of time and one-half of the employee's base salary and shall be paid after 204 hours in the twenty-seven day cycle. The 7(k) work period is compliant with the Fair Labor Standards Act. 6. The City shall continue to provide insurance coverage for death, disability, and medical expenses for Volunteer Firefighters for injuries/accidents that occur while performing volunteer services for the City. RESOLUTION NO. PAGE 2 5. All resolutions, regulations, and order that are inconsistent herewith, including, but not limited to, Resolution No. 3762 and Resolution No. 3603 are repealed. 6. This Resolution shall become effective as of June 30, 2006. 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 ,2006. RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY r" ~-'-------;:;-.. 8_g_ MEMORANDUM TO: CITY COUNCIL FROM: . STEVEN ADAMS, CITY MANAGERfl SUBJECT: CONSIDERATION OF SALARY ADJUSTMENTS FOR MANAGEMENT EMPLOYEES ',DATE: JUNE 13,2006 ! - RECOMMENDATION: It is recommended the City Council adopt the attached resolution approving salary adjustments for management employees for FY 2006-07. FUNDING: The cost impact of the recommendation is approximately $44,000 for FY 2006-07. If approved, the appropriate adjustments will be made in the proposed amendments to the FY 2006-07 budget. DISCUSSION: Management compensation is reviewed on an annual basis and adjustments are normally recommended in conjunction with the annual budget process. The City's current salary and classification system was structured based on a compensation and classification study completed by Ralph Andersen & Associates in September 1997. As noted in the study, the goals of the City's compensation plan are to: . Ensure that the City has the ability to attract 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 2% "Cost of Living Adjustment" (COLA) effective June 30, 2006, which will apply to all full-time employees in the management classification. :' ,'~,. . '!: CITY COUNCIL MANAGEMENT SALARY ADJUSTMENT JUNE 13, 2006 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt resolution approving the proposed salary adjustments; Modify as appropriate and adopt the resolution; Do not' adopt the resolution; Provide direction to staff. S:\AdrninistrationICITY MANAGERISTEVEICouncil ReportslSalary and Benefit ReportslManagement Salary Benefit Report FY 2006-07 6.13.06.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING SALARY ADJUSTMENTS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEAR 2006-07 WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City that compensation 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. Salary ranges for management employee classifications shall be adjusted as designated in Exhibit "A" attached hereto and incorporated herein by this reference, to be effective for the pay period beginning June 30, 2006. 2. All other management employee salary and benefit terms and conditions remain in full force and effect. On motion of Council Member seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of ,2006. RESOLUTION NO. TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY I I EXHIBIT "A" 'CITY OF ARROyO GRANDE' . Management Salary Ranges 2.0.i. 'Salary Range Adjustments 07-01-06 I I I I i Range M-10 Old 2,598 [ ! M-ll Old ";, 'New [. .' 2.0% LOW' 2,137 2,190 .2,;134t;;';:';., M-12 Old 2,245 ~~:.:,::t~iW;i~Jj~~l:~;g~;;; M-13 aid ,..,-".",. '}~J:N~: M-14 Old 2,868 . Office Assistant I I' M-1S Old :!;:N~~.' 2.0% . MID 2,356 2.0% HIGH Position . 2,415 2,663 . 2,463 . . : <i(:f7,i6' 1 2,476 ::': "i!.?~g~Jijjj~iji;.'j; 2,730 2,785 2,301. . 2,538 2,798 . 2:M7;'~j~;>' 2,589 .;'::::~;~54,~ 2,359 : 2,601 2,418 2,666 2,940 2;46~::~: ,~,2,719'::t:2;999 . M-16 Old 2,478 "N ...,';J::J...."':.2"'528 ..._:...~W"','t;;)-,f..,!j','i:: i'" .. ."..,...,-.''''..,..,,,,,.,.,,,,..:..,.'--....:......... 2,733 {,}.;7:~:':" .3,013 3,073 M-17 Old. 2,540. , 2,801' 3,089 SJ,,,tfelV . ":2;~~1'!;,il:';;..4857 tR;~;i,51 M-1S . Old M-19 Old" 2,604 . 2,669 2,871 2,943 3,166 Office Assistant II 3,245 M-20 Old 2,735 3,016 3,326 . 'N~~, "2;7,90', q ;jM~p:,:;,:::3,393,; M-21 Old 2,804 3,092 3,409 New';~:' 2,~60 . ' . :3;is4,j';';J'",3,477; M-ll Old 2,874 M-23 Old. 2,946 3,248 3,582 3;3t~/":3,654 '. . EXHIBIT "A" , CITYOF ARROYO GRANDE ManagementSalary Ranges 2.0% Salaiy Range Adjustments 07-01-06, i I I Range , ! I ~ M-24 Old ,New 2.0% LOW 3,019 "3,9.?9' :, , ":' 2.0% ,MID 3,329 ' 3;396, 2.0%, HIGH Position , , 3,671 ,,;3,744' Admiiustrative Secretary M-25 Old ' 3,095 3,413 3,763 :,'"I,',';:N",eW,> :'3 157.:' ! 34S:t:,i\iii$;83:" '8' 0........ .... ,_ .......',.' , "h ,c!'''' t.'~'...f"(.,,..,. _'-"",' ,-. .,.,j..._....,........ M-26 M-27 M-28 Old ','New, Old 3,172 ,3;23$j; 3,251 ' 3,498 3,857 , , 3,568< ,:::,':3;934 3,585 Old 3,333 :MpO 3,954 3,675 4,052 3,749 "::;i.!it433 M-29 Old " '3,416 " ,3,767 4,154 Executive Secretary i:\ii'l~:w':,: ,.'ii.,i.j~~~:::I;I!i:: ,I~~gijnr:;;~~!f;~~i' M-30 Old 3,501 M-31 , 'Old M-32 Old . ""New , M-33 M-34 M-35 M-36 Old Old :!jl::~N~'::';;:;:;.' Old 3,589 3,861 4,258 3,958 4,364 3,679 4,057 4,473 , 3~~53' 4;138" i;;:~'4';562 3,771 3,865 '3'9"'42'"'''''' ',: .'.' (';~;J;/'._._ _>'t~i 4,158 4,585 Assistant Planner 4,369 4,262 4,700 ,,4,347:7ii:~J794 4,061 4:478 4,817 Old 3,962, 4,937 EXHIBIT "A" 'i '..: , ! Range M-37 M-38 CITYOF ARROYO GRANDE, Management Salary Ranges 2.0% Salary Range Adjustments 07-01-06 ' 2.0% LOW 4,162 '\'i: 4;245 . ............. Position Associate Planner Accounting'Supervisor I I I I , , '1 2.0% MID 4,590 2.0% HIGH 5,061 M-39 Old 4,373. 4,822 5,317 Executive Assistant to the CM. ,'New "J,:,< 4;460' 'ii '," 4,~!~,,~~,;5:~~ Old, New.' i",..."o. .,' Old 4,704 5,187 , 4,266' M-40 Old 4,482 4,943 . '5,450 ,:I':1~:!!,,;,,;,; :4,572 ,',:~5,b42T::','?;?5.?,i, M41 Old 5,066 5,586 4,594 M42 Old 4,709. 5,193. ,,' 5,726 ,:.New;!,: ,. ;l!:,'ii:soil\;. " ,:I5,2j~;::',),84L 'M43 Old ,,'New"1':: 4,827 5,323 '4,,?74,),,;'5;429 .' 5,869 5986" ,......i;.,!.._',... M44 Old M-45 Old 5,0715,592 6,166 ~~w:f~F' ';5;l12;,:';,)~f.704'" ':6;~.9, M46 M47 M48 M49 M-50 ,Old . New 5,198 . . ,,:.!?,3,Q~.:':':' 5,732 6,320 , 5,84'7 ',., ,:l\6,446:f' Old 5,328 ;:,1~:::N~~;~j!::fi~!::'::~~~i1r~~_~~ri;;~;,:, . " 5,875 , 6,478 j,993;;;:~f:"'~;6,~8. Old New.',' 6,022 " 6;f~.' . 6,640 6,773, ,; >';,. ,p,','''',", 5,461 , 5)57:0 '".....",...,:.. . '-,.,.,, .'.:i?:{;:: Old 5,598 ;';!!:j;NeWi~'j,;':,:;rYii!:!jil~j~Q':!:W;W]i.., 6,173 6,806 >:6' '296li; d' ", "''>'6'''''9'42 ' ",L"'-'"l;,iii,j;i':'1t:!1C!j;"i,,,_:::;.',";; Old 5,738 Ne~ tt;::" '5;~~3: 6,327 6,976 '6~';":': 7,i!~ ;':iJ.. Human Resources Manager. Administrative Services Director Building Official EXHIBIT "A" Range M-51 M-52 M-53 CITY OF ARROYQGRANDE Management Salary Ranges' 2.0% Salary Range Adjustments 07.,01-06 2.0% LOW' . 2;0% MID 2.0% ,HIGH Old 6,485 7,151 5,881 Old .;,~~-;--~::11~:r 6,028 6,647 7,330 " 6,1~9,,:.( 6;Z~O:'d?J?Z.: Old 6,179 ' 6,813. 7;513 M-54 Old 6,333 6,984 7,701 ,N....e.w... :;'::' :,6;460 "'; ..," ,'7,;.1, .,2.47,8.r;,5.,".. -. -_'.. ,-.'i',""'-'- ,...,.,..-..,.,-,...-.....'.";.".i. ,- .. ..-..... . .. -.- M-55 M-56 Old 6,492 . 7,158 7,893 Old 7,337 8,091 6,654 M-57 Old 6,820 7,521 . 8,293 "N~'i'., '. 6;95,~" ':":.!(:7~671 ,:~:..8!~9:i:: M-58 M-59 M-60 M-61 Old NeW 6,991 '. 7,709' 8,500 17;131":.'):" '. "?,~6~l;i,{:, . '8;670: ..,.:,:.,,::; Old 7,902 .8,713 7,165 Position ( AssistantCity Engineer i I I i Police Commander Old ,8,099 8,931' Pks, Rec. & Facilities Director Financial Services Director M-62 Old 7,716, 8,509 9,383 ,;.lI!~w}"'": :7,8~Q:, ... :';:::8;679" . "92,71J: M-63 M-64 Old 7,909 . 8,722 9,617 Old 8,107 ,. NelV..;, "':':'8,269:, 8,940 . 9,858 .::..9,,119,. .f0055 , ._._ ................._. ., .,~,~"...-...,.:"..;J: CD. Director Building & Fire Director p.w. DireCtor . . Police Chief EXHIBIT "A" , CITY OF ARROYO GRANDE Management Salary Ranges ,2.0% Salary Range Adjustments 07-01-06 Range , I I I M-65 M-66 M-67 M-68 M-69 M-70 M-71 2.0% "LOW Position 2.0% 'MID, 2.0% HIGH Old 8,310 9,163 10,104 Old 8,517 \ 9,392 ',NeWl~"::i,!:.8!p~7::.;:i9;?~Q " 10,357 .:1io'564::' ';';';;:::""'"".,:.::.:.!..:.:.,,_:,,,,~. Old 8,730 .N ',~:':' ':'8""'9'05' ,':..ew.;;.."<',.:1:..;.:..:....'''...;.. ;~;"''''''';' ........,..,;.;~!,:.':: ':""""'''''''''.W,,'I;~, ;:'~s!k 9,627 10,616 9;8201: :'i:1ii':iW!~~ Old ;":'Ne~::": 8,949 9,868 10,881 ........ ....".., " .. ,.. """'-' ::""><;'''~-'-'''-'''1'' : ,9,128 :di:1o.)l~5 " P;099;; Old 9,172 10,115 11,153 Old ,i:;!iN~:j:;.~" 9,402 ' 10,367 11,432 ',,:9;590,. ',I: . '.,:iO,574,; ; ji;66i.;; .. ..........".,.. ." _"-,,,'''''... "," "" "<.',';"', ,....... .. ',.A.._ Old ~~~'::~:~!;!;F{: 9,637 10,627 11,718 9,i330 Ii:" 1(j~O::;,:;:)1,9?2', M-72 Old , 9,878 10,892 12,011 :,:,iNew: ? : ':I~jO~~;;L,' ii;iio ';:',!i;~l:, ' M-73 Old , 10,125 11,165 12,311 "N~w;,1P,328i;P:!11~~8;.. ~,t.12,~1,:~ M-74 Old 10,378 11,444 12,619 M-75 Old, 10,637 11,730 12,934 r'iN~~ " ,"10,850,(\)1,965' ,1 ','ii3';i~~) 8.h. MEMORANDUM TO: CITY COUNCIUREDEVELOPMENT AGENCY BOARD OF DIRECTORS FROM: STEVEN ADAMS, CITY MANAGER/EXECUTIVE DIRECTOR~ SUBJECT: CONSIDERATION OF PURCHASE OF PROPERTY AT 210 LE POINT STREET DATE: JUNE 13, 2006 RECOMMENDATION: It is recommended: 1) the City Council adopt the attached Resolution approving and authorizing the Mayor to execute a vacant land purchase agreement and joint escrow instructions for the City's acquisition of the vacant lot at 210 Le Point Street (APN 007- 192-038), authorizing the Mayor or City Manager to execute a certificate of acceptance consenting to the recordation of the grant deed, consenting to the funding of a portion of the acquisition costs by the Arroyo Grande Redevelopment Agency, and approving a financing agreement between the City and Redevelopment Agency; 2) the Redevelopment Agency Board of Directors adopt the attached Resolution approving the Agency's payment for a portion of the costs of the property acquisition and the financing agreement between the Agency and City; and 3) appropriate $72,000 from the Downtown Parking Fund and $1,080,000 from the Redevelopment Agency Budget for property acquisition plus escrow and closing costs. FUNDING: The total cost of the proposed property acquisition is $1,150,000 plus escrow and closing costs, which are estimated to be less than $2,000. A portion of the cost is proposed to be funded from the Downtown Parking Fund, which currently has a balance of approximately $72,000. Additional revenues are also expected during the upcoming year. The Downtown Parking Advisory Board unanimously approved use of existing and future Downtown Parking Funds for the project at their May 31,2006 meeting. It is recommended that the remainder of the costs be funded by the Redevelopment Agency. Due to Redevelopment Agency's existing negative fund balance, it is also recommended that the Agency initially borrow the funding necessary from the General Fund Unappropriated Fund Balance. A Bond Capacity Analysis was recently prepared, which indicated the Redevelopment Agency will be able to finance debt sufficient to repay the General Fund by FY 2006-07. Therefore, it is proposed to reimburse the General Fund with parking in-lieu fees and Redevelopment Agency debt proceeds S:lAdministrationlCITY MANAGERISTEVEICouncil ReportslLe Point Property Acquisition 6.13.061I.doc CITY COUNCIL CONSIDERATION OF 210 lE POINT STREET PROPERTY ACQUISITION JUNE 13,2006 PAGE 2 within the next year. The Agency will also pay to the General Fund interest equal to the existing local Agency Investment Fund rate. DISCUSSION: Staff has been working on a comprehensive parking plan for the Village for the last couple years. The purpose is to develop recommendations to meet current and future parking demand. One of the primary opportunities for parking expansion identified is a vacant lot adjacent to the existing City public parking lot located behind the City Council Chambers. Use of this property would not only enable construction of additional spaces serving the Village, but combined with the existing City lot, could enable the construction of a second level of parking in the future. The property is owned by Dorfman Homes, Inc. and is approximately 21,446 square feet. The escrow is proposed to be completed by June 30, 2006. Staff is currently working on preparation of the Phase I soils review. At the direction of the Redevelopment Agency Board of Directors, staff has negotiated a purchase price of $1,150,000. Once acquired, the majority of the property is proposed to be used for construction of public parking. It is likely that staff will also propose that the Agency consider soliciting proposals for development of a project on the le Point Street frontage, likely to consist of some type of mixed use. Three actions are recommended for consideration by the City Council and Redevelopment Agency Board of Directors. First, a resolution is attached approving the purchase agreement and joint escrow instructions, authorizing the Mayor or City Manager to execute a certificate of acceptance consenting to the recordation of the grant deed, consenting to fund a portion of the acquisition costs, and approving the financing agreement between the City and Redevelopment Agency. The second resolution provides Redevelopment Agency approval of payment for the remaining acquisition costs and the financing agreement. Finally, it will be necessary for the City Council and Redevelopment Agency Board of Directors to appropriate $72,000 from the Downtown Parking Fund and $1,080,000 from the Redevelopment Agency Budget for property acquisition plus escrow and closing costs. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve resolutions for purchase of property and appropriate funding; Modify as appropriate and approve resolutions and funding; Do not approve property acquisition; Provide direction to staff. Attachments: 1. Financing Agreement 2. Vacant land Purchase Agreement and Joint Escrow Instructions RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR THE CITY'S ACQUISITION OF AN APPROXIMATELY 21,446 SQUARE FOOT VACANT LOT ON LE POINT STREET (APN 007-192-038) FOR A FUTURE PUBLICLY OWNED IMPROVEMENT OR FACILITY; AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE CONSENTING TO THE RECORDATION OF THE GRANT DEED; CONSENTING TO THE FUNDING OF A PORTION OF THE ACQUISITION COSTS BY THE ARROYO GRANDE REDEVELOPMENT AGENCY; AND APPROVING A FINANCING AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND THE ARROYO GRANDE REDEVELOPMENT AGENCY RELATED THERETO WHEREAS, the Arroyo Grande Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code S 33000 et seq.); and WHEREAS, the Agency and the City Council of the City of Arroyo Grande ("City" or "City Council," as appropriate), in accordance with all applicable law, previously adopted the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area, as amended ("Project Area"); and WHEREAS, the City is proposing to acquire from Dorfman Homes, Inc. that certain parcel of real property consisting of a vacant lot of approximately 21 ,446 square feet on the south side of Le Point Street, between Nevada Street and North Mason Street, and identified as Assessor Parcel No. 007-192-038 (the "Property"); and WHEREAS, the Property is located in the Village area of the City within the Project Area and specifically within the Village Commercial District Improvement Zone component of the Project Area; and WHEREAS, the City and Dorfman Homes, Inc., propose to enter into that certain Vacant Land Purchase Agreement and Joint Escrow Instructions ("Agreement") to City's acquisition of the Property for a purchase price of One Million One Hundred Fifty Thousand Dollars ($1,150,000), plus escrow and other closing costs (collectively, the "Acquisition Costs"); and WHEREAS, the Property is proposed for acquisition by the City for a future public improvement which may include a public parking facility; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33445, provides that a redevelopment agency may pay for all or part of the value of the land for a publicly owned improvement, whether inside or outside a redevelopment project area, if the redevelopment agency and the legislative body, RESOLUTION NO. PAGE 2 which in this case is the City Council, each adopt a resolution making certain findings; and WHEREAS, the City and Agency are proposing to use Agency funds for a portion of the Acquisition Costs in the amount of One Million Eighty Thousand Dollars ($1,080,000); and . WHEREAS, to enable the Agency to fund its portion of the Acquisition Costs in the amount of One Million Eighty Thousand Dollars ($1,080,000), the City and Agency propose to enter into a Financing Agreement to effectuate a loan from the City to the Agency, with interest at a rate equal to rate earned by the City frorn the Local Agency Investment Fund, in the amount of One Million Eight Thousand Dollars ($1,080,000); and j WHEREAS, the City and Agency are authorized to enter into such Financing Agreement pursuant to Health and Safety Code Section 33601; and WHEREAS, upon consummation of the transaction a Grant Deed for the Property shall be executed by the seller Dorfman Homes, Inc. and shall be presented to the City; and WHEREAS, the City is required by California law to execute a Certificate of Acceptance of the Grant Deed before the Grant Deed may be recorded in the official records of San Luis Obispo County; and WHEREAS, all actions required by applicable law to be taken by the City Council precedent to the adoption of this Resolution have been taken in accordance with applicable law. NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows: Section 1. The foregoing Recitals are true and correct and are incorporated herein. Section 2. The City Council finds and determines as follows: A. That the Agency funding of a portion of the Acquisition Costs in an amount of One Million Eighty Thousand Dollars ($1,080,000) is of benefit to the Project Area, in that the acquisition of the Property will provide land for the development of needed public facilities which may include public parking facilities to serve the immediately adjacent Village business area, a prominent focal point of the Project Area and the City. B. That no other reasonable means of financing the portion of the Acquisition Costs funded by Agency, other than using Agency funding, are currently available to the community, in that (i) City monies are dedicated to critical operational areas such as police, fire, and other necessary expenditures, including capital improvement projects, as identified in the City's capital improvement budget; (ii) the revenue sources available to the City have been reduced each year by various State legislative actions resulting in lower City general funds to meet present and future capital improvement and infrastructure needs; (iii) limits on local control over traditional revenue sources make it RESOLUTION NO. PAGE 3 infeasible for the City to raise new local tax revenues; (iv) the only practical means of funding the portion of the Acquisition Funds to be paid by the Agency is by using Agency funding; and (v) without Agency funding, the acquisition of the Property would be unable to proceed, thus hindering future development of publicly owned facilities and improvements in and serving the Project Area. C. That the Agency's funding identified herein will assist in eliminating one or more blighting conditions inside the Project Area, including the existence of inadequate public facilities including parking facilities. D. That the Agency's funding identified herein is consistent with the Agency's adopted Five Year Implementation Plan for 2004/5-200/09, in that the Implementation Plan (a) identifies as goals for the Village Commercial District Improvement Zone as including (i) preservation and expansion of the Village Commercial District and (ii) provision of necessary public facilities to facilitate implementation of the preservation and expansion of the Village Commercial District; (b) identifies as Agency Implementation Program Objectives for the Village Commercial District Improvement Zone as including (i) land assembly and (ii) creation of public facilities. Section 3. The City's acquisition of the Property and the Agency's funding of a portion thereof are, in the City Council's independent judgment, exempt from the California Environmental Quality Act ("CEQA") pursuant to 14 C.C.R. SS 15060(c)(2) and 15061 (b)(3), in that the "project" for purpose of CEQA is the acquisition of the Property only which will not result in any significant adverse impact to the environment, and neither the City nor the Agency have identified any particular project to be proposed for the Property, which if and when proposed in the future will be subject to compliance with CEQA. The foregoing determination is the independent judgment of the City Council. Section 4. The City Council hereby (i) consents to the Agency funding of a portion of the Acquisition Costs in the amount of One Million Eighty Thousand Dollars ($1,080,000) for the City's acquisition of the Property from Dorfman Homes, Inc. (ii) approves the Vacant Land Purchase Agreement and Joint Escrow Instructions, dated on or about May 22, 2006, in the form presented to the City Council concurrent with this Resolution, for the City's acquisition of the Property from Dorfman Homes, Inc., and authorizes the Mayor or City Manager, each as the sole required signatory on behalf of the City, to execute the Vacant Land Purchase Agreement and Joint Escrow Instructions on behalf of the City, (iii) approves the Financing Agreement between the City and the Agency, in the form presented to the City Council concurrent with this Resolution, to effect the City's loan to the Agency of the amount of One Million Eighty Thousand Dollars ($1,080,000), with interest payable by the Agency at a rate equal to the rate of interest earned on City funds on deposit with the Local Agency Investment Fund, and authorizes the Mayor or RESOLUTION NO. PAGE 4 City Manager, each as the sole required signatory on behalf of the City, to execute the Financing Agreement on behalf of the City; (iv) authorizes the Mayor and City Manager, each as the sole required signatory on behalf of the City, to each take such further actions and to sign such further documents as may be required to consummate the acquisition of the Property, including executing a Certificate of Acceptance for the Grant Deed so that the Grant Deed may be recorded in the official records of San Luis Obispo County; and (v) authorizes and directs the City Manager and authorized designees to take such other and further actions, and sign such other and further documents as are necessary and proper to implement this Resolution on behalf of the City. 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 13th day of June, 2006. RESOLUTION NO. PAGE 5 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. RDA 06-_ A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING THE AGENCY'S PAYMENT FOR A PORTION OF THE COST FOR THE ACQUISITION BY THE CITY OF ARROYO GRANDE OF AN APPROXIMATELY 21,446 SQUARE FOOT VACANT LOT ON LE POINT STREET (APN 007-192-038) FOR A FUTURE PUBLICLY OWNED IMPROVEMENT OR FACILITY, AND APPROVING A FINANCING AGREEMENT BETWEEN THE AGENCY AND THE CITY OF ARROYO GRANDE RELATED THERETO WHEREAS, the Arroyo Grande Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code 9 33000 et seq.); and WHEREAS, the Agency and the City Council of the City of Arroyo Grande ("City" or "City Council," as appropriate), in accordance with all applicable law, previously adopted the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area, as amended ("Project Area"); and WHEREAS, the City is proposing to acquire from Dorfman Homes, Inc. that certain parcel of real property consisting of a vacant lot of approximately 21,446 square feet on the south side of Le Point Street, between Nevada Street and North Mason Street, and identified as Assessor Parcel No. 007-192-038 (the "Property"); and WHEREAS, the Property is located in the Village area of the City within the Project Area and specifically within the Village Commercial District Improvement Zone component of the Project Area; and WHEREAS, the City and Dorfman Homes, Inc., propose to enter into that certain Vacant Land Purchase Agreement and Joint Escrow Instructions ("Agreement") to City's acquisition of the Property for a purchase price of One Million One Hundred Fifty Thousand Dollars ($1,150,000), plus escrow and other closing costs (collectively, the "Acquisition Costs") ; and WHEREAS, the Property is proposed for acquisition by the City for a future public improvement which may include a public parking facility; and WHEREAS, the California Community Redevelopment Law, at Health and Safety Code Section 33445, provides that a redevelopment agency may pay for all or part of the value of the land for a publicly owned improvement, whether inside or outside a redevelopment project area, if the redevelopment agency and the legislative body, which in this case is the City Council, each adopt a resolution making certain findings; and RESOLUTION NO. PAGE 2 WHEREAS, the City and Agency are proposing to use Agency funds for a portion of the Acquisition Costs in the amount of One Million Eighty Thousand Dollars ($1,080,000); and WHEREAS, to enable the Agency to fund its portion of the Acquisition Costs in the amount of One Million Eighty Thousand Dollars ($1,080,000), the City and Agency propose to enter into a Financing Agreement to effectuate a loan from the City to the Agency, with interest at a rate equal to rate earned by the City from the Local Agency Investment Fund, in the amount of One Million Eight Thousand Dollars ($1,080,000); and WHEREAS, the City and Agency are authorized to enter into such Financing Agreement pursuant to Health and Safety Code Section 33601; and WHEREAS, all actions required by applicable law to be taken by the Agency precedent to the adoption of this Resolution have been taken in accordance with applicable law. NOW, THEREFORE, the Arroyo Grande Redevelopment Agency resolves as follows: Section 1. The foregoing Recitals are true and correct and are incorporated herein. Section 2. The Agency finds and determines as follows: A. That the Agency funding of a portion of the Acquisition Costs in an amount of One Million Eighty Thousand Dollars ($1,080,000) is of benefit to the Project Area, in that the acquisition of the Property will provide land for the development of needed public facilities which may include public parking facilities to serve the immediately adjacent Village business area, a prominent focal point of the Project Area and the City. B. That no other reasonable means of financing the portion of the Acquisition Costs funded by Agency, other than using Agency funding, are currently available to the community, in that (i) City monies are dedicated to critical operational areas such as police, fire, and other necessary expenditures, including capital improvement projects, as identified in the City's capital improvement budget; (ii) the revenue sources available to the City have been reduced each year by various State legislative actions resulting in lower City general funds to meet present and future capital improvement and infrastructure needs; (iii) limits on local control over traditional revenue sources make it infeasible for the City to raise new local tax revenues; (iv) the only practical means of funding the portion of the Acquisition Funds to be paid by the Agency is by using Agency funding; and (v) without Agency funding, the acquisition of the Property would be unable to proceed, thus hindering future development of publicly owned facilities and improvements in and serving the Project Area. C. That the Agency's funding identified herein will assist in eliminating one or more blighting conditions inside the Project Area, including the existence of inadequate public facilities including parking facilities. RESOLUTION NO. PAGE 3 D. That the Agency's funding identified herein is consistent with the Agency's adopted Five Year Implementation Plan for 2004/5-200/09, in that the Implementation Plan (a) identifies as goals for the Village Commercial District Improvement Zone as including (i) preservation and expansion of the Village Commercial District and (ii) provision of necessary public facilities to facilitate implementation of the preservation and expansion of the Village Commercial District; (b) identifies as Agency Implementation Program Objectives for the Village Commercial District Improvement Zone as including (i) land assembly and (ii) creation of public facilities. Section 3. The Agency's funding of a portion of the Acquisition Costs for the City's acquisition of the Property is, in the Agency's independent judgment, exempt from the California Environmental Quality Act ("CEQA") pursuant to 14 C.C.R. SS 15060(c)(2) and 15061 (b)(3), in that the "project" for purpose of CEQA is the acquisition of the Property only which will not result in any significant adverse impact to the environment, and neither the City nor the Agency have identified any particular project to be proposed for the Property, which if and when proposed in the future will be subject to compliance with CEQA. Section 4. The Agency hereby: (i) approves the Agency funding of a portion of the Acquisition Costs in the amount of One Million Eighty Thousand Dollars ($1,080,000) for the City's acquisition of the Property from Dorfman Homes, Inc.; (ii) approves the Financing Agreement between the City and the Agency, in the form presented to the Agency concurrent with this Resolution, to effect the City's loan to the Agency of the amount of One Million Eighty Thousand Dollars ($1,080,000), with interest payable by the Agency at a rate equal to the rate of interest earned on City funds on deposit with the Local Agency Investment Fund, and authorizes the Agency Chair or Executive Director, each as the sole required signatory on behalf of the Agency, to execute the Financing Agreement on behalf of the Agency; and (iii) authorizes and directs the Executive Director and authorized designees to take such other and further actions, and sign such other and further documents as are necessary and proper to implement this Resolution on behalf of the Agency. On motion of Board Member , seconded by Board Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 13th day of June, 2006. RESOLUTION NO. PAGE 4 TONY M. FERRARA, CHAIR ATTEST: KELLY WETMORE, AGENCY SECRETARY APPROVED AS TO CONTENT: STEVEN ADAMS, EXECUTIVE DIRECTOR APPROVED AS TO FORM: AGENCY COUNSEL Attachment I FINANCING AGREEMENT THIS FINANCING AGREEMENT ("Agreement") is made and entered into this 13th day of June, 2006, by and between the ARROYO GRANDE REDEVELOPMENT AGENCY, a public body corporate and politic ("Agency"), and the CITY OF ARROYO GRANDE, a municipal corporation ("City"). RECITALS WHEREAS, Agency is a public body, corporate and politic, organized under the California Community Redevelopment Law (Health & Safety Code ~ 33000 et seq.); and WHEREAS, City is a municipal corporation and a general law city of the State of California; and WHEREAS, City and Agency are authorized by Health & Safety Code Section 33601 to enter in an agreement providing for a loan by the City of the Agency; and WHEREAS, City and Agency mutually desire to enter into this Agreement to set forth their respective obligations with respect to a loan appropriation by City to Agency of One Million Eighty Thousand Dollars ($1,080,000) for the purpose of assisting Agency to meet the obligation of Agency to fund the portion of the cost for City's acquisition of certain real property consisting of a vacant lot of approximately 21,446 square feet on the south side of Le Point Street, between Nevada Street and North Mason Street, and identified as Assessor Parcel No. 007-192-038 (the "Property"); and WHEREAS, this Agreement has been approved by the Agency and City Council by adoption of resolutions by each body concurrent with the date hereof. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, Agency and City agree as follows: Section 1. Citv Loan. City hereby loans to Agency the principal amount of One Million Eighty Thousand Dollars And No Cents ($1,080,000.00) ("Loan Principal"), from legally available source, including but not limited to the City's General Fund. Section 2. Interest. Interest shall accrue on the outstanding Loan Principal at rate eamed on deposits of City funds in the Local Agency Investment Fund during such time as the Loan Principal is outstanding. Interest shall be compounded annually. Section 3. Agencv Repayment. The Loan Principal and any accrued interest shall be repaid in full by Agency from any legally available source. Agency shall make such repayment as and when funds are available but shall be repaid in full not later than June 30, 2007, unless such outside repayment date is extended by City. Agency shall be entitled to repay all or part of the Loan Principal and all accrued interest at any time with no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at the offices of City. Section 4. Indebtedness of Agencv. The Loan Principal and accrued interest described in this Agreement shall constitute an indebtedness of Agency within the meaning set forth in applicable law including the California Community Redevelopment Law (Health & Safety Code S 33000 et seq.). Section 5. Subordination. The repayment of the Loan Principal and accrued interest by Agency shall be junior and subordinate to (i) all Agency tax allocation bonds or other direct long-term indebtedness of Agency, (ii) all pledges by Agency of tax increments for tax allocation bonds or other direct long-term indebtedness of Agency, (iii) Agency financial agreements and other contractual obligations of Agency, and (iv) any contingent obligations of Agency. Section 6. Non-Recourse Obligation. No officer, official, employee, agent, or representatives of Agency shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, employee, agent, or representative. Section 7. Entire Agreement; Amendment. This Agreement shall constitute the entire agreement of the parties. This Agreement may be amended or modified only by an agreement in writing signed by the parties. [end - signature page follows] -2- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives, as ofthe date first above written. "AGENCY" ARROYO GRANDE REDEVELOPMENT AGENCY By: Tony Ferrara, Chair ATTEST: Kelly Wetmore, Secretary APPROVED AS TO FORM: Agency Counsel "CITY" CITY OF ARROYO GRANDE By: Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney -3- ~-~CALIFORNIA _~ASSOCIATION ..... OF REALTORS@ Date Mav 22 # 2006 ,at Arrovo Grande ,California. 1. OFFER: A. THIS IS AN OFFER FROM .ct tv of Arrovo Grande and/or Nominee ("Buyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as Vacant Lot on La Point Street (aDDrox 21.446 sa ft' VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (C.A.R. Form VLPA, Revised 1/06) Attachment 2 ,Assessors Parcel No(s). 007-192-038 Arrovo Grande . County of San Luis Obisoo C. THE PURCHASE PRICE offered is One Million One Hundred Fiftv Thousand Dollars $ 1.150.000.00 . D. CLOSE OF ESCROW shall occur on June 30. 2006 (date) (orO Days After Acceptance). 2. RNANCE TERMS: Obtaining the loans below is a contingency of this Agreement unless: (i) either 2D or 2L is checked below; or (ii) otherwise agreed in writing. Buyer shall act diligently and in good faith to obtain the designated loans. Obtaining deposit, down payment and closing costs is not a contingency. Buyer represents that funds will be good when deposited with Escrow Holdar. A. INITIAL DEPOSIT: Buyer has given a deposit in the amount of .. . .. .. . . . . . . . . .. . . . . . . . . .. . . . . . . . . .. . . . . . $ to the agent submitting the offer (or to [XI be tendered UDon acceo tance ), by Personal Check (or Ila City check ), made payable to Fidelitv National Title which shall be held uncashed until Acceptance and then depositEKJ within 3 business days after Acceptance ~O . ~_ Escrow Holder, (orO into Broker's trust account). B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of . . . . . $ within Days After Acceptance, or 0 C. FIRST LOAN IN THE AMOUNT OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ o NEW First Deed of Trust in favor of 0 lender, 0 seller; OR 0 ASSUMPTION of Existing First Deed of Trust; encumbering the Property, securing a note payable at maximum interest of % fixed rate, or % initial adjustable rate with a maximum interest rate of %, balance du.e in years, amortized over years (OR, if checked, 0 payable in interest-only installments). Payments due 0 monthly, 0 quarterly, 0 semr-annually, 0 annually. Buyer shall pay loan fees/points not to exceed D. 0 ALL CASH OFFER (If checked): No loan is needed to purchase the Property. Buyer shall, within 7 (or o ) Days After Acceptance, provide Seller written verification of sufficient funds to close this transaction. E. ADDITIONAL FINANCING TERMS: . situated in , Califomia, ("Property"). 50,000.00 .. $ F. BALANCE OF PURCHASE PRICE: (notincluding costs of obtaining loans and other closing costs) in the amount of . . . . . . . . . .. . . . . . . . , . . . . . . . . . . . . $ 1 i 100.000.00 to be deposited with Escrow Holder within sufficient time to close escrow. G. PURCHASE PRICE (TOTAL): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1.150.000.00 H. LOAN APPUCA TIONS: Within 7 (or 0 ) Days After Acceptance, Buyer shall provide Seller a letter from lender or mortgage loan broker stating that, based on a review of Buyer's written application and credit report. Buyer is prequalified or preapproved for any NEW loan specified above. I. VERIRCAll0N OF DOWN ,PAYMENT AND CLOSING COSTS: Buyer (or Buyers lender or loan broker pursuant to 2H) shall, within 7 (or 0 ) Days After Acceptance, provide Seller written verification of Buyer's down payment and closing costs. J. LOAN CONTINGENCY REMOVAL: (i) Within 17 (or 0 ) Days After Acceptance Buyer shalt,.as specified in paragraph 18, remove the loan contingency or cancel this Agreement; OR (ii) ( 0 if checkad), loan contingency shall remain in effect until the designated loans are funded. K. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (OR, if checked, aa is NOT) contingent upon the Property appraising at no less than the specified purchase price. If there is a loan contingency, at the time the loan contingency is removed (or, if checked, 0 within 17 (or o ) Days After Acceptance), Buyer shall, as specified in paragraph 18, remove the appraisal contingency or cancel this Agreement. If there is no loan contingency, Buyer shall, as specified in paragraph 18, remove the appraisal contingency within 17 (or ) Days After Acceptance. L I:xJ NO LOAN CONTINGENCY (If checked): Obtaining any loan in paragraphs 2C, 2E or elsewhere in this Agreement is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. M. SELLER RNANCING: The following terms (or 0 (if checked) the terms specified in the attached Seller Financing Addendum (CAR. Form SFA)) apply ONLY to financing extended by Seller under this Agreement. > (1) BUYER'S CREDIT ~WORTHINESS: Buyer authorizes Seller andlor Brokers to obtain, at Buyers expense, a copy of Buyer's credit report. Within 7 (or 0 ) Days After Acceptance, Buyer shall provide any supporting dO:11.ti7 reasonably requested by Seller. Buyers Initials ( .-- ) ( ) ~ The copyrighllaws of the United Stales (Title 17 U.S. Code) forbid the unauthoflzed Seller's Initials ( ) ( ) = reproduction of this form, Of any portIOn, thereof, by photocopy machIne or any other means, including facsirrile or computerized formals. Copyright 0 1996-2006, I Reviewed by ~ Dale ~h7../<<_ ~=R= CALIFORNIA ASSOCIATION QF REALTORS~, INC. ALL RIGHTS RESERVED. ,-_. 7--- VlPA REVISED 1106 (PAGE 1 OF 9) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 9) Agent: Dennis Allan Phone: (805)500- Fax: (805)473-2753 Prepared using WINForms@software Broker: Allan Real Estate Investments 135 N. Hale on, Ste. #A ,AHa 0 Grande CA 93420- Property: Vacant Lot on La Point Street (approx 21~446 Sq ft) Date:Mo!lY 22~ 2006. (2) TERMS: Buyer's promissory note, deed of trust and other documents as appropriate shall incorporate and implement the following additional terms: (i) the maximum interest rate specified in paragraph 2C shall be the actual fixed interest rate for Seller financing; (ii) deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (iii) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time if requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Seller's option, upon the sale or transfer of the Property or any interest in it; (v) note shall contain a late charge of 6% of the installment due (orO ) if the installment is not received within 10 days of the date due; (vi) title insurance coverage in the form of a joint protection policy shall be provided insuring Seller's deed of trust interest in the Property (any increased cost over owner's policy shall be paid by Buyer); and (vii) tax service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Seller's written consent. Seller may grant or withhold consent in Seller's sole discretion: Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyer's expense, on any such person or entity. N. ASSUMED OR "SUBJECT TO" ANANCING: Seller represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified in paragraph 18, provide Copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, as specified in paragraph 188(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound accounts, it any, shall be assigned and Charged to Buyer and credited to Seller. Seller is advised that Buyer's assumption of an existing loan may not release Seller from liability on that loan. If this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. 3. POSSESSION AND KEYS: Possession and occupancy shall be delivered to Buyer at2 : 3 0 0 AM l:iil PM, l:iil on the date of Close Of Escrow; 0 Or'! ; or 0 no later than Days After Close Of Escrow. The Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate. all Property locks. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified here, this paragraph only determines who is to pay for the report, inspection, test or service mentioned. If not specified here or elsewhere in this Agreement, the determination of who is to pay for any work recommended or identified by any such report, inspection, test or service is by the method specified in paragraph 18. A. INSPECTIONS AND REPORTS: (1) 0 Buyer 0 Seller shall pay to have existing septic or private sewage disposal system, if any, inspected (2) 0 Buyer 0 Seller shall pay for costs of testing to determine the suitability of soil for sewage disposal (3) 0 Buyer 0 Seller shall pay to have existing wells, if any, tested for water potability ahd productivity (4) 0 Buyer 0 Seller shall pay to have Property comers identified (5) 0 Buyer 00 Seller shall pay for a natural hazard zone disclosure report prepared by seller choice of NHD Comoanv (6) 0 Buyer 0 Seller shall pay for the following inspection or report (7) 0 Buyer 0 Seller shall pay for the following inspection or report B. ESCROW AND TITLE: (1) l:iil Buyer l:iil Seller shall pay escrow fee 50%/50% Escrow HoldershalJ be Fidelltv National Ti tIe-A. G. (2) 0 Buyer [.ii:I Seller shall pay for owner's title insurance policy specified in paragraph 14 Owner's title policy to be issued by Fideli tv National Title (Buyer shall pay for an.y title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) C. OTHER COSTS: (1) 0 Buyer l:iil Seller shall pay County transfer tax or transfer fee (2) 0 Buyer 0 Seller shall pay City transfer tax or transfer fee (3) 0 Buyer 0 Seller shall pay HOA lransfer tees (4) 0 Buyer 0 Seller shall pay HOA document preparation fees (5) 0 Buyer 0 Seller shall pay for (6) 0 Buyer 0 Seller shall pay for 5. STATUTORY DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 18, deliver to Buyer if required by Law: (i) earthquake guides (and questionnaire) and environmental hazards booklet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. B. DATA BASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither SeUer nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) Buyer's Initials ( >JJ- ) ( Sellers Initiais (~ ) ( Copyright C 1996-2006, CALIFORNIA ASSOCIATION OF REALTORSlKl. INC. I ~ VLPA REVISED 1/06 (PAGE 20F9) Reviewed by ~~ Dale VACANT LAND PURCHASE AGREEMENT (VLPA PAG"E 2 OF g) ) ) ~I Vacant Lot -do tEl EOUALHllUSIIIC OPPORTUNITY Oa~:Hav 22, 2006 ,,,,!: vacant Lot on La point street Ca roX 21. 446 s ft) ;ELLER DOCUMENTATION AND ADDllIONAL DISCLOSURE: , ".......".0"''' ."~~> ,., ~..- .~. ...-.,...,... -. ..,.." ...,......- ,_.~ '" "'"" """".."'"'' ...." "'. ...., ...,. ._...-.. ,_. ""OM ~..... ."M'.~" ......,... ,_M" _... ._.. ~ _ ~..,., ."..M" _. ,... .",,' ",.,.. '.~M '" ,_""""",,,, ""..' .. _M" ._ _ ,.._ " ~...... - ~,.~,,,.. ..- M ,--, Code %51200-51295). . (3) DEED RESTRICTIONS: Any deed restriclions or obligations. ,., ,"'..",.......'.. '.~M".'."""'.' ..,"... -- ,- - ,<>' ... -. ... ","'. ,., ,--,,_.,._._..-_._....._~.._"". . ,., _" ,,,,,,,,. ., ..-_. _...." ,_ .... ~ ~ ..t.-'" >-' ,-M. w""-- ....... ,,~-"'. -......- ~",.." ...... ""...""'''' ~_..........,""" ,.,", '" .- .,US. ., -., · .. ,,- ..... · .-. ... -- ,....,... ,... ~ ..... ."",. _. ... ,........, M........ -~.... --" ,..-".' ..-... >.."" -"".. ,..~ (8) LANDLOCKED: The absence of legal or physical accesS to the Property. (" ,,,,,,,,,-,-,,,,.., -... ..-~.......- -- -,........ (10) SOIL FILL: Any fill (compacted or olhe",ise), or abandoned mining operations on the Prope"'!. (11) SOIL PROBLEMS: AnY slippage, sliding, flooding, drainage, grading, or other soil problems. '''' ,,,,,,,,"'~ ",,,,,,,. _, _"" ,_M" -".. -~., ".. ... ......"". ...... "....... (13) ZONING ISSUES: AnY zoning violations, non-conlorming useS, or violations 01 "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: AnY neighborhood noise problems, or other nuisances. .. ""''' "'" "",OE ,,,,,,,.,.,.. .... .. - ".0"" · - ... ...' .. .... .... · '".' ., ,,-~ "" _.O'.....,_,. _.....__-,-""'...,.....~~.M"._... ...~"".,.-..._'_. use of \:he Propertj. O. 0.....' ..""",- __ ,,,..- .""........-" -.... to. M".... .... ,,"". .... ~M" __ ",A' ~~ 'K'-'.... ~ M". -, -,,,, -' ~ ~.". -,.oo.. """",,' ~-" ... _" __...... _........ ,,,,,......... _"'" _I. 0'- ~,,,., ~". -....,.. stating the amount 01 any prepaid renl or security deposit. O. """,_", ,.,_"",_..- ...... - to ...,.... oo-.-,-..." .""" .-~. - - -- - ~ . - .... -~. .. -- ,.. "....... -- .",- _I. ~'-"" ..._, """"""~ ,...... M. "'" __.... M' to""''''- ...."...," ~... - 00.... 7_ CONDOMINIUM/PLANNED UNIT DEVELOPMENT DISCLOSURES: ' O. ",.... """ (. 0 ,_..., --..- -..,. ......,.. ,_.. ......-. "...... ,.. planned unil developmenl or other common interest subdivision. .. "..,_. .-....."......' ......._...._....,.-........'..... ~.....(. 0 ' ...."" __. _~,,~.. ""lOM ,.~OO". oo"-"~' -- ",,".'~ ~.'")'-'. .,_.- .._ _ ._" ~ ,,_... 000 om. -~.-~.. ---., -, ",~.-....."''''- ,,,,"'. (WI-'" .." ....' " ...,,", 00''-' ro' .... ... -" .."', (<l'" .-' ... -' ",.-"" 000' ..._.. ,..~, ., (o<l......-" "',,,.. - _. ,.,,,,, ...... -~" .. .- "' -.... ,...."" ,"'" ...., _'. _...... _ ~_. "",_ ro.... "" ...',.... '" .."""..., -- "" 000 ---- ,.-"" ~, "'....~, ...' .... .... ....... . ..." . '" ......... -, ... .. "" ... "" '" ..-" _eo .......... -" """"" '" ..-..,". -"" ,,-" '..... ,. ..... .. . -"" -'"""'" ............. -".~. '" ,.-. -"' ~-"' - -''''- -,... ,...M." "" -'" --. ".....~. ".-' ~.....-..- ,~"". -,., - "",,', ....".. ...... ~"".........,.-, ...-".- .-. -'-'" ".~. -"" - ,.~ ,_.' -.....-""' ~~.~. ..,~_... ~_.""'-~ .---....-- .~~....... ,........ 9. CHANGES DURING ESCROW: . ,.,. """ rn ,_. _, m."""" "~M "". "",,"" ....~". -. ...." - '"....- .... .... ,- ~ ,~"' ... -..., '" ... ~'" ....... .,..- -' . - ...-'. ., .~, _. .... ~"''' ..... ~ se",ice conlract(S); or (iv) change the status of the condition 01 the Property. . ._' ". 0 - ,- ,~- ~....... ........".,.,... ....-...... '"...""'... ,,-......... 10. CONDITIONS AFFECTING PROPERTY: . "_, ...."...... ,,~,m,,",,"~ (0' '" ~ """'" ."..' ...<'-""" -" -~.... t",.....- ..,..._.,..,,,, 0'.' ,..... '"" m"'W.... _,... -......."".. m"""""" B. IZIllt checked) !\II debris and personal prope"'! not included in the sale shall be removed by Close 01 Escrow. o. ,"'.. "",," ....,. ~ 'm' .~~... ......." __ -- ",,,.,,, ""~ "" ",,,o~ """."",, PROPERTY AND MAKE OTHER DISCLOSURES REQUIRED BY LAW. O. ",,, W """. ,.. _ ~_........ .._, .-.~" ~ --....... m -,. -- b ,~-, -..... _ _ _.., ~"_,, ~..... ......, ~........... ,........... __ ~...... 'm,'" 'm""'.- may not be built according 10 code, in compliance wi", currenl LaW, or have had permits issued. , "''' W """,. """'.. -..... -.. ~ ,~......" -.." .-'" ,-,..... -.... ....... lhose inspections: (i) cancel this Agreement; or (it) request Ihat you make Repairs or take o",er action. Copy"ght <C> 1996-2006, CAUFORNIA ASSOCIATION Of REALTORS<ll>, INC. VLPA REVISED 1/06 (PAGE 3 OF 9) Buyer's \niti~\s ( Selle, s Initials ( Reviewed tti )( )(- -) ) ~ ""...- O'PllRTll~T'1 Date Vacant Lot .do V ACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 9) ---------------------------------------------------------------------- Property: Va.cant Lot on La Point Street (approx 21,446 Sq ft) Date: May 22, 2006 11. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 11 B or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) The following items: (3) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: 12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property is a contingency of this Agreement, as specified in this paragraph and paragraph 18. Within the time specified in paragraph 18, Buyer shall have the right, at Buyer's expense, unless otherwise agreed, to conduct inspections, investigations, tests, surveys, and other studies ("Buyer Investigations"), including, but not limited to, the right to: (i) inspect for lead-based paint and other lead-based paint hazards; (ii) inspect for wood destroying pests and organisms; (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified below. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations; or (ii) inspections by any governmental building or zoning inspector, or government employee, unless required by Law. B. Buyer shall complete Buyer Investigations and, as specified in paragraph 18, remove the contingency or cancel this Agreement. Buyer shall give Seller, at no cost, complete Copies of all Buyer Investigation reports obtained by Buyer. Seller shall make Property available for all Buyer Investigations. If the following have already been connected and available, Seller shall have water, gas, electricity, and all operable pilot lighl'a on for Buyer's Investigations and through the date possession is made available to Buyer. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTtNG THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPEClRED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 12, UNLESS OTHERWISE AGREED IN WRITING. ' C. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) D. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non-conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.) E. UTILITIES AND SERVICES: Availability, costs, restrictions and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage'tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, inclUding mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. G. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including any slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. H. NATURAL HAZARD ZONE:'Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fire Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. I. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides or other causes. J. NEIGHBORHOOD, AREA AND PROPERTY CONDtTIONS: Neighbomood or area conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code 9951200.51295), Right To Farm Laws (Civil Code 93482.5 and 93482.6). schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered fetons or offenders, fire protection, other government services, availability, adequacy and cost of any speed-wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property. wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanicaJ diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest s.ubdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. Buyer's Initials ( .s:i-) ( ~ Seller's Initials ( ~) ( ) = Copyright C 1996-2006, CALIFORNIA ASSOCIATION OF REALTORS<!l, INC. I La. ~ -z:;; I VLPA REVISED 1/06 (PAGE 4 OF 9) Reviewed by ~~ ~ Date / / J';. ~=R= VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 9) Vacant Lot .do Property: Vacant Lot on La PoInt Street (approx 21,446 sq ft) Date: May 22, 2006 K. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others), Owners' Association that has any authority over the subject property I CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements. L SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to tt:ae Mello-Aoos Community Facilities Act or Improvement Bond Act of 1915, M. RENTAL PROPERTY RESTRrCTIONS: Some cities and counties impose restrictions that limit the amount of rent that Can be charged, the maximum number of occupants and the right of a .Iandlord to terminate a tenancy. N. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 13. BUYER INDEMNITY AND SELLER PROTECTION FOR ENTRY UPON PROPERTY: Buyer shall: (i) keep the Property free and clear of liens; (ii) Repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims. demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to parsons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non-Responsibility" (C.A.R. Form NNA) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 14, TITLE AND VESTING: A. Within the time specified in paragraph 18, Buyer shall be provided a current preliminary (title) report, which is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 18. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 18, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including all, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKiNG TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. 'E. Buyer shall receive a standard coverage owner's CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage. and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 15. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. 0 (If checked) The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated into this Agreement. 16, 0 MANUFACTURED HOME PURCHASE: (If checked) The purchase of the Property is contingent upon Buyer acquirtng a personal property manufactured home to be placed on the Property after Close Of Escrow. Buyer 0 has 0 has not entered into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 18, Buyer shall remove this contingency or cancel this Agreement, (OR, if checked, 0 this contingency shall remain in effect until the Close Of Escrow of the Property). 17. 0 CONSTRUCTION LOAN FINANCING: (If checked) The purchase of the Property is contingent upon Buyer obtaining a construction loan, A draw from the construction loan 0 will 0 will not be used to finance the Property. Within the time specified in paragraph 18, Buyer shall remove this contingency or cancel this Agreement (or, if checked, 0 this contingency shall remain in effect until Close Of Escrow of the Property). 18. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph must be in writing (CAR. Form CR). A. SELLER HAS: 7 (or 0 . ) Days Atter Acceptance to deliver to Buyer all reports, disclosures and information for which Seller is responsible under paragraphs 2N. 4, 5A. 6, 7A, WC and 14. B. (1) BUYER HAS: 17 (or [XI 30 ) Days After Acceptance, unless otherwise agreed, in writing, to complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property (including lead~based paint and lead-based paint hazards as well as other information specified in paragraph 5 and insurability of Buyer and the Property), (2) Within the time specified in 18B(1), Buyer may request that Seller make Repairs or take any other action regarding the Property (CAR. Form RR). Seller has no obligation to agree to or respond to Buyer's requests. (3) By the end of the time specified in 18B(1) (or 2J for loan contingency; 2K for appraisal contingency; 16 for manufactured home purchase; and 17 for constructive home financing, Buyer shall remove, in writing, the applicable contingency (C.A.A. Form CR) or cancel this Agreement. However, if the following inspections, reports or disclosures are not made within the time specified in 18A, then Buyer has 5 (or o ) Days after receipt of any such items, or the time specified in 188(1), whichever is later, to remove the applicable contingency or cancel this Agreement in writing: (i) govemment~mandated inspections or reports required as a condition of closing; (ii) Common Interest Disclosures pursuant to paragraph 7B; (iii) a subsequent or amended -disclosure pursuant to paragraph 8; and (iv) Proposed Changes pursuant to paragraph 9. C. CONTINUATION OF CONTINGENCY OR CONTRACTUAL OBLIGATION; SELLER RIGHT TO CANCEL: (1) Seller right to Cancel: Buyer Contingencies: Seller, after first giving Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize return of Buyer's deposit if, by the time specified in this Agreement, Buyer does not remove in writing the applicable contingency or cancel this Agreement. Once all contingencies have been removed, failure of either Buyer or Seller to close escrow in time may be a breach of this Agreement. Buyer's initi~ls ( ~) ( ~ Sellers Initi,lIs (~) ( ) = Copyright C 1996-2006. CAliFORNIA ASSOCIATION OF AEALTOR9!l, INC. I Aa... I VLPAREVISED1/06(PAGE50F9) , Aeviewedby y~ Date ~h,~~ ~~'ro~= VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 9) Vacant Lot -do Property: Vacant Lot: on Le Point Street (approx 21,446 sq ft:) Date: May 22, 2006 (2) Continuation of Contingency: Even after the expiration of the time specified in 188, Buyer retains the right to make requests to Sellar, remove in writing the applicable contingency or cancel this Agreement until Seller cancels pursuant to 18C(1). Once Seller receives Buyer's written removal of all contingencies, Seller may not cancel this Agreement pursuant to 18C(1). (3) Seller right to Cancel: Buyer Contract Obligations: Seller, after first giVing Buyer a Notice to Buyer to Perform (as specified below), may cancel this Agreement in writing and authorize return of Buyer's deposit for any of the following reasons: (i) if Buyer fails to deposit funds as required by 2A or 28; (ii) if the funds deposited pursuant to 2A or 2B are not good when deposited; (Hi) if Buyer fails to provide a letter as required by 2H; (iv) if Buyer fails to provide verification as required by 20 or 21 or supporting documentation pursuant to 2M; or (v) if Seller reasonably disapproves of the verification provided by 20 or 21 or the credit report or supporting documentation pursuant to 2M. Seller .is not required to give Buyer a Notice to Perform regarding Close Of Escrow. (4) Notice To Buyer To Perform: The Notice to Buyer to Perform (CAR. Form NBP) shall (i) be in writing; Qi) be signed by SelJer; and (iii) give Buyer at least 24 (or 0 ) hours (or until the time specified in the applicable paragraph, whichever OCcurs last) to take the applicable action. A Notice to Buyer to Perform may not be given any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an 18C(3) obligation. D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: 1/ Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility, and expense for repairs or corrections pertaining to that contingency or cancellation right, or for inability to obtain financing. E. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written NOTICE OF CANCELLATION pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the sale and escrow and release deposits, less fees and costs, to the party entitled to the funds. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, jUdiCial decision or arbitration award. . 19. RNAL VER/RCATlON OF CONDITION: Buyer shall liave the right to make a final inspection of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paregraph lOA; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Sellers other obligations under this Agreement. 20. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Broker(s) haslhave made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) haslhave made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 21. UQUIDATED DAMAGES: It Buyer fails to complete this purchase because of Buyer's default, Seller shall retain. as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or exb'emely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judiCial decision or arbitration award. ~' < ~ I Buyer's Initials 5, I / Seller's Initials / 22. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Paragraphs 22B(2) and (3) below apply whether or not the Arbitration provision is initialed. Mediation fees. if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resUlting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 228(2) and (3) below. The arbitrator shall be a retired jUdge or justice, or an attorney with at least 5 years of real estate transactic;mal Law experience. unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. The parties shall have the right to discovery in ac.cordance with Code of Civil Procedure i1283.05. In all other respects, the arbitration shall be conducted in accordance with Tide 9 of Part III of the California Code of Civil Procedure. JUdgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following mailers are excluded from medialion and arbitralion: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code 52985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions. (3) BROKERS: Buyer and Seller agree to mediate and arbitrate disputes or claims involving either or both Brokers, consistent with 22A and B, provided either or both Brokers shall have agreed to such mediation or arbitration prior to, or within a reasonable time after. the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the Agreement -Copyright C 1996-2006. CALIFORNIA ASSOCIATION OF AEALTORS<<l, INC. VLPA REVISED 1106 (PAGE 6 OF 9) Buyer's Initials ( .:$A- ) ( Selier's Initials (~ ) ( I Reviewed by _ ~ Date ) ) ?~I ~ fQljAlIlOl/SlllC O....ORTUNITY VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 9) Vacant Lot -do ft) Date:~ 2006 ' ""'- "-,,,,,,, "" ""cr "COW"" "" ,__ --=-- -, " "" '-"',- OF """",,, """'"' w'''''''''' ',.." '" _"'" ....., "'" OF "" "'>n;, ">W "" "" .., ".., "" "" _" '''' ....., '"'''' " ""'"" .._,"" " """"'" " """'" "'-"" " '"' """ "'OW "" '.. ,,- .:"''''' '" .." '"' "',"" """' """ , _, OR "," ","" '''"''' "" ',,,,,,,,,,, "'"'- " "" '.."",,;:;::: "'''''' ""'~ '" -"", "'" "''''' ...... ..... ""'''''''''' M,,. ""'.' '" "" """"'''''' " OF "'''"''' -,""", " "" ..,"" '" ..."" W """- OWn, OF "'" """"- "'" ,,,,a.:,,,",;' :' -, '" ".""'" -. "" ,"_,,, OF "" .., .." ''', "" -"..' '"' "''''''' ' ""'''''''' - -,"""" ."'..."", INCLUDED IN THE 'ARe/TRA TION OF DISPUTES' PROVlS/6%GTOANNDEUA.::.REE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS 'NAlARBITRAnON." " -'.,-=-,~ _."","~, a '''"'''_ OF _""'"' "'" '.. '"",, "'''' "'_., . ' " , =- ,..... ~... -... "'.. -. 000." ,_. ~i... ,'._ _." .... ... """"" '......" '" ''''''''_ dUes aod assessments imPOsed Prior to Close 01 Escr w p P rty ax s aOd assesSmeots. mterest. reots. HOA regUlar, special. and emergeocy db B 0, remlUms 00 10SWaoce assumed by BUye t bo -- , -, - ~~.'. -'...."..., ","", ..~ " " -.. . ... .. --., "w, ... .. --. ~ "'., """'W, OR"" '. , · , ",. "'.. _. ... _.'_. .., " .... '., Th. """"" "''''.... -, "-., -.".- -....:... ~... .. "7' .ro... __. ..~,..., _ _ '-""^, '- '"' --"........ ~ """ ... (o, o,::;::'::~' .!:'i ,,", ... "'_.. ," _~.'''''._' ,~~. ~ _. ", .", -" """ 'CO" OF ,_. ,",,( ,,"" '"_, ~ _, _ ''',", ~.. ""'. _ ~ "'_....~~.~-~._.... -",,, ''"''''' ",""" '"'" "" ",", '< """"'- '''''' ,....... '-..... -'" ... . '. ...""',,,).,"'... '-,~. '-,0,', , "'-;; ...., ,_.. .~_. _ .~""""" ~ ""n,,, "'''''' "'_""" "'''' ." '.. ""') "''''^ '- . '- . .,. . .. '" .. ':::'; ':-';. . ,:,,-... ...... 0.,. -.. "',.) .. '.... "". "'... - _.... ~- '-..... ~'._"''''::: ..: ''', - - ~ '-, ,. b..",,, ""''''''o, ~ .....'" k """,-"_,,,,,,,,,,,, _'.. ... .. ~~~"'_"" '''''''' 2'7. A TTORNEY FEES: In any action prOCe^~I'^g ISrbStO.:1O Cbompllaoce With federal, Slate aod lOCal anU.diScrimioauoo laws, . ~.. , Or a "auoo etweeo Buyer and S II ' , t f h' ........,._-."""~...._~""" ,. , ........., , "- .....'..-....., 28. SELEcnON OF SERVICE PROVIDERS. lIB k e oOO,preVallOg uyer Or Seller, except as provided io paragraph 22A . ro ers refer Buyer or Seller to persoos VeOdors ' .., ~""''' """"""-. AA, "'..,,,,,., _...,. ,~ '"'' . ,. '''_.. """" _. "'_", ....~ 29. nME OF ESSENCE' ENTIRE CONTRACT. CHANGES' Ti, a ec rOV/de s olthel/owo chooslOg, A , '. 'me IS of the esseoce All UOderSlaOdings b tw th ' ._..._-._~,._......... .... . " ........-..... -.....,~._~-- "'.''''''''';'~', . ';"- "'- .,. -'.. ..,~. "-,.- -......".. -"- ...-. ~ ::.:,':':-. -- ".'-....-,. '''''; be exteOded, amended, mOdi6ed, altered Or chaoged eXcept in ~rir s.or":J abodeeffocf. NeIther thIS Agreemeot nOr aoy proviSion io it may 30. OTHER TERMS AND CONDITIONS' I d' ff h ' 109 Ign~ y uyer aod Seller. a , Inc U log a ac ed SUpplements: -.. -.'- ""~.'M ... . '0_ a s addi tional considerat on t Ci Of 0 Condrf!1lU1ation in faVor Of seller at ClOse Of escrow-. Of t e Ci Counc lOt e Ci Of A r 0 G de b and is hereb made a art of this Contract. ~.. on La Paint Street f. rox 2'.446 s G an e ha Ssue b This Offer is June 1 2006. e SYb Set Addend dl 1 ter 0 to the final a rOlral No One 8 attac ea 3t. DEFINlnONS: As Used io this Agreemeot: .. .,-""._..............."'..~,.....-... , . --~,.-.."'..".,~,..,' '... ".......'.-.......-- ,. "-.r _........, " , .,."' __......... '"...,......."'"", C. "CAR. Form" meaos the sPecific fo~~or~I~r:~~~hi~r,,:ce~ted VaCant lbao~ PurChase Agreemeot aod aoy aCcepted couoier of/ers and addeOda, O. "ClOse Of E .. th . 00 er compara le,orm agreed to by tho parties. scrow meaos e date the graot deed or other evideo eft f f 'n ' -., -.......,-, '~-...;..-. , · :. '~"" '." -..., "'" -- "-'~,,", ~. E. "Copy" meaos COpy by aoy means iOCIUdiog Photocopy NCR ~ ~ n~/x udsm,ess day af/er the SChedUled clOse of escrow dato, F "Oays" m aJ d . , aCSlm, e an e ectro",c . . ~.. · ....., ....."---~~. . . .'" " ,~. ,,., .~. '" - .~..."' ....,. ..., '00 . .. the SPecified eVent occurs, aOd eOdiog at 11 :59 PM th ~ I ~ c u/reoce of the eVeot sPecified. oot couotiog the caleOdar date 00 Which H "0 p'" 00 e oauay, . ~. - -''''-~''~'.-",,,,,,, . "'-.,..,. -.,.., . . -~......_,._., '"'''''' ,.~-...... BUYer'SIOiUals (.-5..:L ) ( ) ~. ''''- .-'-..........-. """ .... ~" ---, "''''' '.. """"') . . . ~ Aevlew""by ==-- Da,. ==-- """ '''' ,"R'""" """"" "">A >AGE, '" " ------------------ ....-....-....-....-.....-....-....-....-....-....-.....-....-....-....-....- G) COll"l.~ OPPORTUNltl' Vacant Lot .do Property: Vacant Lot on Le Point Street ,lapprox 21,446 sq ft) Date: May 22, 2006 I. "Electronic Copy" or "Electronic Signabue" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either one to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. ' K. "Notice to Buyer to Perform" means a document (C.A,R. Form NBP), which shall ~e in writing and signed by Seller and shall give Buyer at least 24 hours (or as otherwise specified.in paragraph 18C(4)) to remove a contingency or perform as applicable. L "Repairs" means any repairs, alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. ,M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. N. Singular and Plural terms each include the other, when appropriate. 32. AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller eech acknOwledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer-broker agreement or separate document (C,A.R. Form OA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Usting Agent Allan Real Estate Investments is the agent of (check one): [XI the Seller exclusively; or 0 both the Buyer and Seller. Selling Agenl (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): 0 the Buyer exclusively; 0 the Seller exclusively; or 0 both the Buyer and 8ell,er. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 33. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to closelhe escrow: 1, 2, 4, 14, 15B, 16, 17, 18E, 23, 24, 29, 30, 31, 33, 35, 3BA, 39 and paragraph D of the section titled Real Estate Brokers on page 9. If a Copy of the separate compensation agreement(s) provided for in paragraph 35 or 38A, or paragraph 0 of the section titled Real Estate Brokers on page 9 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and payout from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of the Agreement not set forth in the specified paragraphs are additional matters for the information of Esc~ow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions,directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or 0 ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the Escrow for the sole purpose of compensation pursuant to paragraphs 35, 38A and paragraph 0 of the section titled Real Estate Brokers on page 9. Buyer and Seller irrevocably assign to Brokers.compensation specified in paragraphs 35 and 38A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow, or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Escrow Holder shall immediately notify Brokers (i) if Buyer's initial or any additional deposit is not'made pursuant to this Agreement or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 34. SCOPE OF BROKER DUTY: Bu~er and Sener aCknowledge and agree that: Brokers: (i) do not decide what price Buyer should payor Seiler should accept; (ii) do not guarantee the condition of the Properly; (iii) do not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) shall not be responsible for identifying defects that are not known to Broker(s); (v) shall not be responsible for inspecting public records or permits concerning the title or use of the Property; (vi) shall not be responsible for identifying location of boundary lines or other items aHecting title; (vii) shall not be responsible for verifying square footage, representations of others or information contained in inspection reports, MLS or POS, ~dvertisements, flyers or other promotional material, unless otherwise agreed in writing; (viii) shall not be responsible: for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller in the course of this representation; and (ix) shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 35. BROKER COMPENSATION FROM BUYER: If applicable, upon Close Of Escrow: Buyer agrees to pay compensation to Broker as specified in a separate written agreement between Buyer and Broker. 36. TERMS AND CONDITIONS OF OFFER: This is an o~er to purchase the Property on the above terms and conditions. All paragraphs with spaces for initials by Buyer and Seller are incorporated in this Agreement only if initialed by all parties. If at least one but not all parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknOWledges receipt of a Copy of the oHer and agrees to the above confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. ~ Buyer's Inilials (/ ) ( ~ Seller's Initials ( ') ( ) 1S.J I Reviewed by _ ~ Date ~~~~ . =11= (Print Firm Name) Copyright 10 1996-2006, CALIFORNIA ASSOCIATION OF AEALTORS<!l. INC. VLPA REVISED 1/06 (PAGE 8 OF 9) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 9) Vacant Lot -do PrOlJerty: Vacant Lot on La Point Street (approx 21,446 sq it) Date: May 22, 2006 37. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned, unless the offer is Signed by Seller, and a Copy of the Signed offer is personally received by Buyer, or by who is authorized to receive it by 5:00 PM on the third Day after this offer is signed by Buyer (Of. if checked,!:xI by (date), al 5: 00 0 AM.[XJ PM). Dateu~ 23 20,06 .' BUY~-i ~. By ~_ ) Print Name tv of Arroyo Grande and/or N Title Ci tv ManaCler-Ci tv of Arrovo Grande Address Mav 24. 2006 Date BUYER By Print Name Title Address 38. BROKER COMPENSATION FROM SELLER: A. Upon Close Of Escrow, Seller agrees to pay compensation to Broker as specified in a separate written agreement between Seller and Broker. B. If escrow does not close, compensation is payable as specified in that separate written agreement. 39. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to deliver a Signed Copy to Buyer. o (If checke~l SUBJECT TO ATT....CHED COU TER OFFER, DATED Date /"V) <:' . ~ 1 v // Date SELLER SELLER ~ ~ Print Name Print Name Title Title Address Address 1 (Initials) ) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized agent on (date) at 0 AM 0 PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's aulhorized agent whether or not confirmed in this document Completion of this confirmation is not legally required in order to create a binding Agreementj it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 32. C. If specified in paragraph 2A, Agent who submitted offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Usting Broker's proceeds in escrow: (i) The amount specified in the MLS or PDS, provided Cooperating Broker is a Participant of the MLS or PDS in which the Property is offered for sale or a reciprocal MLS or PDS, or 0 (if checked) (ii) the amount specified in a separate written agreement (C.A.R. Form CBG) between Listing Broker and Cooperating Broker. Real Estate Broker (Selling Firm) By Address Telephone Real Esli>ta By .~-- Address Telephone License # Ucense # Date State Zip City E-mail Investments Ucense # 00961923 s Allan Ucense # 00961923 Date Mav 22. 2006 oad;' Ste A City Arrovo Grande State CA Zip 93420 Fax (805'473-2753 E-mail dennis@dennisallan.com ESCROW HOLDER ACKNOWLEDGMENT: . Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ~ a deposit inJb.e fUrlount 0.1 $ ), counter offer numbers and ~\lf"("'\. ~.. ~ , and agrees to act as Escrow Holder subject to paragraph 33 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advise at the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is t::>.o'a.DCD EscrowHol~idelit N itle,A.G. Escrow.1l. ~IQO~~ By oza Dale S-o.b-Cl'p Address ~ ~ ~2lO Phone/FaxlE-mail -0 Escrow Holder is licensed by the California Department of 0 Corporations, 0 Insurance,D Real Estate. license # I ) REJECTION OF OFFER: No counter offer is being made. (Seller's Initials) (Date) THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTOAS& (CAR.). NO REPRES AT I PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON aUAlIFIED TO ADVISE 0 ~ EAL ES CONSULT AN APPROPRlATE PROFESSIONAL ~~_ ~ ThiS form IS available lOt use by the entire real estate Induslry. It is nollntended to identity the user as aREAL TOR<8I. REA~ a r members 01 the NATIONAL ASSOCIATION OF REAL TORS~ who subscribe to rts Code of EthICS. .. i~ Published and Dislributed by: CSlRE,~.iTIm-) REAL ESTATE BUSINESS SERVICES, INC. The System~lor Success" a SubSidiary of the Caltfornla ASSOCIation of REAL TORS@ I Reviewed by ~ 525 South Virgil Avenue, Los Angeles, California 90020 ,.- VLPA REVISED 1/06 (PAGE 9 OF 9) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 9) rejected by Seller on VALIDITY OR ADEQUACY OF ANY U DESIRE LEGAL OR TAX AOVICE, Date ?~f-I ~ "'"''''""'' OPPOllflJNITY Vacant Lot .do ~~ ,~ ~ CALIFORNIA ASSOCIATION OF REALTORS@ DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (As required by the Civil Code) (CAR. Form AD, Revised 10/04) When you enter into a discussion with a real estate agent regarding a reat estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To tha Senar: A Fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To tha Buyar and the sanar: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duly of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known tO,'or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully. . VWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). . l.I:)(BUYE.SELLER ~ o BUYER (SELLER C .. "A;ro ~~~-. AGENT Allan Real Estate I v stments Please Print) THIS FORM SHALL BE PROVIDED AND ACKNOWLEDGED AS FOLLOWS (Civil Coda ~2079.14): . . When the listing brokerage company also represents Buyer, the Listing Agent shall have one AD form signed by Seller and one signed by Buyer. . When Buyer and Seller are represented by different brokerage companies, the Listing Agent shall have one AD form signed by Seller and the Buyer's Agent shall have one AD form signed by Buyer and one AD form signed by Seller. The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machina or any other maans, including facsimile or compularizad formats. Copyright@ 1991.2004, CALIFORNIA ASSOCIATION OF REALTORS@>, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTOR~ (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL This lorm is available lor use by the entire real estate industry II is not intended to Identify the user as a REALTOR<!l. REALTOR<!lls a registered collective membership mark which may be used only by members 01 the NATIONAL ASSOCIATION OF REALTORSl1ll who subscribe to its Code of Ethics.. _~ Published and Distributed by: CSLRE".~~ REAL ESTATE BUSINESS SERVICES, INC. ..... .. a subsidiary of the California Association of REAL TORS@) The System ....tot Success 525 South Virgil Avenue, Los Angeles, California 90020 AD REVISED 10/04 (PAGE 1 OF 1) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS AD PAGE 1 OF 1 Agent: Dennis Allan Phone: (805)500- Fax; (805)473-2753 Prepared using WINForms@ software Broker: Allan Real Estate Investments 135 N. Halcyon, Ste. #A Arroyo Grande CA 93420- DAMDpM Date DAM DPM By Data OS/22/2006 I Reviewed by p" ~ (2r Dat.?~~1 r:,..,. BPPORfUNITV ~~ ,,, ~ CALIFORNIA ASSOCIATION OF REALTORS@ ADDENDUM (CAR. Form ADM, Revised 10/01) No. One The following terms and conditions are heraby incorporated in and made a part of the: 0 Residential Purchase Agreement, o Manufactured Home Purchase Agreement, 0 Business Purchase Agreement, 0 Residential Lease or Month-to-Month Rental Agreement, i:llI Vacant Land Purchase Agreement, 0 Residential Incoma Property Purchase Agreement, 0 Commercial Property Purchase Agreement, 0 other dated Mav 22. 2006 ,on property known as Vacant Lot on La Point in which Ci tv of Arrovo Grande , and/or Nominee is referred to as ("BuyerrrenantU) and . Dor Eman Homes. Ine. is referred to as ("Seller/Landlord"). 1) Buver shall have 30 days to conduct any dUB' diliaenca buyer deems necessary. Due diliaence shall include, but not be limited to: aJreview and aooroval of title condition of the Drooertv includina exceotions: bJstudv the Dhvsical and environmental condition of the orooertv: cJenter into an aareement with a 3ed Dartv for a sale of a uoction DE the orooertv: and d)obtain City entitlements for the oroiect. 2JSeller shall authorize (when aoolicable) the buyer and/or the nominee to Drocess necessary and recruired discretionary oermits, includina but not limited to. a Develooment Aareement (between the City and the Nominee), a Parcel MaD, Conditional Use Permits, General Plan Amendments. Zone Chanaes and aoolications necessary to comoly with California Environmental Quality Act. The seller shall not assume liability for thA Drocessina of reauired discretionary Dermits. FailurB of the buyer to aoorove any of the foreaoina shall result in both Darties sianina a cancellation aareement with a full refund of the deoosit to the buyer. 3JNaminee shall have the same riahts and obliaations as buyer under this aareament. BUYer shall aive seller and A~~row the namR of nominee within 10 davs of A~c~ntan~e. 4)RRller shall he res9on~ihIp for any commission. 5'The orooertv shall be free of tenancies pnd occuoancies. Seller reoresents and warrants that as or the date set above the sianature of buyer in oaraaranh 37. there are no tenancies or occuoancies with resoect to the Drooertv. Seller indemnifies and holds buyer and/or nominee harmless for any relocation costs incurred bv buyer resultina from breach of seller's reoresentation and warranty. 6)No officer. official. or emnlovee of huver ;InrI/or nominRe J:;:hall hi=! nArsonally liable for anv brA;Ich of thi~ aareemRnt or for anv amounts due hereunder. 7JThe terms of Addendum No. One shall sUDArsAdp any conflictina terms terms forth elsewhere in the aareement. The foregoing terms and conditions are hereby agreed to, and the undarsigned acknowledge receipt of a copy of this document. Date Hay 23, 2006 BuyerlTenant ,.,"~ Cityo - Arro Grande BuyerlT enant and/or Nominee (l161 'l~},6 Seller/Landlord /4?--n - ~-7 Dorfman Homes, Inc.~ - Seller/Landiord Date The copyright laws of the United States (Tille 17 U.S. Code) forbid the unauthorized reproducllon of this form, or any por1ion thereot, by pholocopy machine or any other means, including facsimile or compulerized fonnats. CopyrighlC 1986-2001, CALIFORNIA ASSOCIATION OF REALTORSl!l, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS<!> (CAR), NO REPRESENTAtAg ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSO IF. . TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL This lorm Is available lor uSe by the entire real estate Industry. It Is nol intended 10 Identify Ihe user as a REALTOR/!). REA~ R<!l a: is which may be used only by members of the NATIONAL ASSOCIATION OF REALTOAS<!>who subscribe 10 its Code of Ethics. . _~= Published and Distributed by: SLRE"~ REAL ESTATE BUSINESS SERVICES, INC, e .... ' a subsidiary of the California Association of REAL TORS@ The System ""or Success" 525 South Virgil Avenue, Los Angeles, California 90020 ADM-II REVISED 10101 (PAGE 1 OF 1) Reviewed by ~ Broker or Deslgne DateC~~? ~ ~ """..... OPPllATUNlTY Allan Real Eslate Inveslments 1'35 N. Halcyon. Ste. #A Phone, (805)500- Fa" (805)473-2753 ADDENDUM (ADM-ll PAGE 1 OF 1) . Arroyo Grande CA 93420- Dennis Allan Le Point Vacan a.i. MEMORANDUM TO: FROM: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~ CONSIDERATION OF ADOPTION OF RESOLUTION TO DENY, WITHOUT PREJUDICE, PLOT PLAN REVIEW 05-027 AND VIEWSHED REVIEW 05-020, APPLIED FOR BY PACE BROTHERS CONSTRUCTION, OF A TWO-STORY SINGLE FAMILY RESIDENCE LOCATED AT 123 WHITELEY SUBJECT: DATE: JUNE 13,2006 RECOMMENDATION: The Planning Commission recommends that the City Council adopt a resolution to deny, without prejudice, the appeal of Plot Plan Review 05-027 and Viewshed Review 05-020 for the construction of a two-story single-family residence located at 123 Whiteley. FUNDING: No fiscal impact. DISCUSSION: BackQround On May 9, 2006, the City Council held a public hearing on an appeal of Planning Commission denial of Plot Plan Review and Viewshed Review applications for construction of a two-story single-family residence at 123 Whiteley Street. The existing Lot 4 of the 1887 subdivision is in the 0-2.4 Historic Character Design Overlay District, includes and adjoins a segment of Arroyo Grande Creek, and involves two-story new construction in an established neighborhood of predominantly single story smaller houses. Lots 5 and 6 were previously approved with similar large two-story single-family dwellings with secondary units and three car garages but without the creek setback constraint. Last year, the same applicant appealed similar Planning Commission denial of a prior design with a ten-foot creek bank setback, which was denied without prejudice by the City Council on August 23, 2005. The City Council hearing on May 9 determined that reasonable use of the property could be accomplished feasibly with a smaller single-family residence providing a larger creek setback and the Council took tentative action to deny this appeal and the project applications as determined by the Planning Commission. Staff was directed to return with an appropriate Resolution. CITY COUNCIL CONSIDERATION OF ADOPTION OF DENIAL OF APPEAL OF PLANNING COMMISSION'S DENIAL OF PLOT PLAN REVIEW 05-027 AND VIEWSHED REVIEW 05-020 JUNE 13, 2006 PAGE 2 The attached Resolution contains findings and concludes Council denial of the appeal and project applications, again without prejudice, to enable the property owner to resubmit a similar development proposal for a smaller house with a greater creek setback. ALTERNATIVES: 1) Adopt the Resolution to deny the appeal and project applications without prejudice; 2) Do not adopt the Resolution; 3) Provide direction to staff. Attachments: 1. Staff report from the April 4, 2006 Planning Commission meeting. 2. Minutes from the April 4, 2006 Planning Commission meeting. 3. Appeal to City Council dated April 13, 2006. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING WITHOUT PREJUDICE THE APPEAL OF PLOT PLAN REVIEW CASE NO. 05-027 AND VIEWSHED REVIEW CASE NO. 05-020; APPLIED FOR BY PACE BROTHER'S CONSTRUCTION; LOCATED AT 123 WHITELEY STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Plot Plan Review 05-027, and Viewshed Review 05-020 filed by Pace Brother's Construction, to construct a two story, single family house; and WHEREAS, on March 21, 2006, the Planning Commission requested a public hearing in accordance with the City Municipal Code; and WHEREAS, the Planning Commission has held a public hearing on these applications in accordance with the City Municipal Code on April 4, 2006; and WHEREAS, the Planning Commission has found that this project is not consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration cannot be adopted; and WHEREAS, the Planning Commission, after due study, deliberation and public hearing, denied the subject applications as outlined in Planning Commission Resolution 06-1997; and WHEREAS, on April 13, 2006 the applicant appealed the Planning Commission's actions to the City Council pursuant to Municipal Code section 16.12.150; and WHEREAS, on May 9, 2006 the City Council conducted a public hearing to review the decision of the Planning Commission and the subject applications and considered the required environmental determination and appropriate findings for approval; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances: FINDINGS OF DENIAL CEOA - The project as proposed with a minimum creek setback less than the 2001 General Plan policy of 25 feet from top of bank may involve avoidable cumulative adverse environmental impacts which have not been mitigated to site specific and less than significant in accordance with the California Environmental Quality Act (CEQA) and State and local guidelines, rules and procedures, and therefore a Mitigated Negative Declaration cannot be adopted. Additionally, unpermitted, extensive site grading prior to the rainy season has exacerbated erosion and sedimentation problems. RESOLUTION NO. PAGE 2 ViAW!':hArl RAviAw - The proposed two-story residence with two-car garage, is inconsistent with the established scale and character of the neighborhood and the Design Guidelines and Standards for Historic Character Overlay District (0-2.4). Other than the two larger houses with secondary dwelling and three car garages which were proposed by the applicant and approved by the City on existing lots of record located immediately to the east, the established scale and character of the vicinity are single story homes substantially smaller than the subject proposal (1,000 to 1,800 sq. ft. typical). " The proposed structure unreasonably and unnecessarily interferes with scenic views from Whiteley Street, a public street, and adjoining single-family residential developed properties, judged in light of permitting reasonable use (a smaller residence with greater creek setback, or minor exceptions to other setbacks and parking standards). Plot Plan Review - The proposed project is not consistent with the goals, objectives, policies and programs of the adopted 2001 Arroyo Grande General Plan, particularly Section CIOS 2-1.3 regarding building setback from top of stream. The proposed minor use permit for design review does not provide for adequate creek setback from top of stream bank and proposes landscaping, grading and drainage which could unnecessarily impact existing riparian vegetation and sensitive environmental resources. The proposed" setback of 15 to 22 feet (averaging 18 feet), includes overhangs, structural projections, physical obstructions, non-native plantings and an inadequate fence and wall to prevent drainage, pet, or other impacts on creek resources. A minimum structural setback of 20 to 25 feet is prescribed by General Plan and Municipal Code policies and standards. The usable portion of the subject lot of record, excluding creek and prescribed setbacks, is substantially smaller than other historic lots of record, but the floor area and coverage of the proposed development is substantially larger. The usable area was estimated at under 6,000 sq. ft. while the zoning and typical lot in the area is over 7,200 sq. ft. The applicant had the opportunity to consider a lot line adjustment to mitigate the constraints on this historic lot, but instead developed the other two lots with maximum size and intensity of use. Other design alternatives such as tandem parking, single-car garage or smaller house have not been adequately considered by the applicant. Additionally, taller wall and fence with greater separation of residential and riparian areas would be essential to avoid adverse impacts. RESOLUTION NO. PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies without prejudice the appeal of Plot Plan Review Case No. 05- 027 & Viewshed Review Case No. 05-020, based on the above findings. 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 13th day of June 2006. RESOLUTION NO. PAGE 4 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ATTACHMENT 1 CITY OF ARROYO GRANDE~-~ PLANNING COMMISSION MEETING HEARING DATE: AGENDA ITEM: Tuesday, April 4, 2006 II.A CASE NUMBER: Plot Plan Review 05-027 Viewshed Review 05-020 ApPLICANT: Pace Brother's Construction REPRESENTATIVE: Scott Pace PROJECT LOCATION: 123 Whiteley PROJECT DESCRIPTION: Construction of a two story, single-family house, fifteen feet from the top of the bank of the Arroyo Grande Creek. Jim Bergman, Assistant Planner96 PROJECT PLANNER: BACKGROUND In April 2005, the Planning Commission was informed of an administrative approval of a Minor Use Permit to build a house on an existing lot within 5-feet from the top of bank of the Arroyo Grande Creek. The Planning Commission appealed this decision and a revised project featuring a 10-foot creek setback was ultimately denied. The applicant appealed the Planning Commission's '" decision to the City Council and after a public hearing, the appeal was rejected and the project denied without prejudice. At the two public hearings, the Planning Commission and City Council provided findings for denial and also direction to the applicant related to design aspects that are consistent with adopted City policies (see Attachment 2, Resolutions and Minutes from the City Council and Planning Commission). Findings and direction included: A biological report indicating potential impacts to the creek and surrounding environment, mitigation measures to decrease impacts to a less than significant level (this issue is addressed in greater detail below), and an increased creek buffer distance that could be obtained by decreasing the house size to a level consistent with other houses in the surrounding neighborhood. This new project represents the applicant's changes based upon direction and input from the public hearing process at both the Planning Commission and City Council level. At the March 21, 2006 Planning Commission meeting, staff reported the administrative approval of Plot Plan Review 05-027 and Viewshed Review 05- 020. Through a unanimous vote, Planning Commission requested tonight's public hearing following the process stated in Municipal Code Section 16.12.155. SUBJECT PROPERTY The project site is approximately 14,804 square feet in area and is located at the end of a residential street. A substantial portion of the parcel is a channelized section of the Arroyo Grande Creek, The top of the creek bank is well defined and has been established and staked by a surveyor. The creek channel and creek bank is covered by native and non-native vegetation. The portion of the lot that is proposed for development is flat and has historically been used as a side and front yard for a house, which was on an adjacent parcel. Several trees (Persimmon, Walnut, Lemon, Pine, and Avacado), on the subject parcel and adjacent parcels were removed. The site above the bank has been cleared of all vegetation and was over excavated to a depth of six feet below the existing grade. The surface was scarified, moisture conditioned, and re-compacted to a minimum of 90 percent of maximum dry density and graded. This grading work was completed during construction of the homes on the two adjacent lots. PROJECT The proposed project is to construct a 2,105 square foot, two-story house with attached two-car garage. The first floor of the structure is to be located 15 feet of the top of bank of the Arroyo Grande Creek while an approximately 13-foot section of the second floor at the rear of the building will cantilever over the first floor approximately 5 feet. Existing grading and a small foundationless wall/fence will direct storm runoff to the street and into a city maintained drop inlet which will be upgraded by the applicant with a fossil filter insert. Existing vegetation within the creek channel and within 5-feet of the top of bank will remain untouched while native xeric landscaping is proposed adjacent to the house. As compared to the previous application, this project proposes a layout that includes a larger creek buffer (15-feet), a foot print that has been decreased by 205 square feet and total living area reduced by 147 square feet. The table below indicates project changes. '\, Livin Area First Floor Area Second Floor Area Gara e Size Foot rint Floor Area Ratio Creek Buffer Old Pro osal New Pro osal 2,252 2,105 1,388 1,185 864 920 464 462 1,852 1,647 15.21% 14.22% 10 fee 15 fee Attachment 3 is a letter from John Shoals, Project Manager for Pace Brother's Construction indicating revisions to project plans in response to the City Council and Planning Commission's concerns regarding the desired creek bank setback and reduction of the house size to become compatible with the neighborhood. ENVIRONMENTAL REVIEW Page 2 of 7 An Initial Study, per the California Environmental Quality Act (CEQA), was completed and revealed that the project could have a significant effect on the environment if mitigation measures were not implemented (see Attachment 3). A Biological Resources Assessment was completed by Rincon Consultants, Inc. and is included as an attachment to the Initial Study (see Attachment 4). This assessment included a field survey by a biologist to generally characterize the existing biological resources and to evaluate the on-site habitats that could potentially support special-status species or otherwise be of concern to the City, the California Department of. Fish and Game (DFG), U.S. Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric Administration, National Marine Fisheries (NOAA), the U.S. Army Corps of Engineers (Corps), and the Regional Water Quality Control Board (RWQCB). The Biological Resources Assessment reveled that one special botanical species (Black Flowered Figwort) and three special-status wildlife species (California Red-legged frog, Southern Steelhead, and Pacific Pond Turtle) have a potential to occur within the study area. Due to the potential for these species to occur on the site and to comply with Section 401 and 404 of the Clean Water Act, the Biological Resources Assessment proposed mitigation measures necessary to reduce potential impacts to a less than significant level under CEQA and to avoid the need for regulatory permits. These mitigation measures were added to others in the Negative Declaration and serve to protect the environment as identified in the Initial Study by 1) limiting construction activities/effects to areas outside of the creek, creek bank and riparian habitat, 2) limit human and domesticated animal intrusion to patio areas by the use of a small wall and fence, and 3) planting side and rear yard areas with riparian and .native species. SOIL STABILITY Resolution No. 05-1966, adopted by the Planning Commission on June 21, 2005 indicates concern that soils at the property may become unstable and erode into the Arroyo Grande Creek. Although the property is located on a well-defined bank of the Arroyo Grande Creek, potential for landslides, mudslides, subsidence or erosion of soils is low due to metered flows of water from the Lopez Dam. In addition, a report dated December 16, 2005, and stamped by Norman G. Hallin, '\., Geotechnical Engineer, states: "Based on our observation and testing during grading and the newly proposed building footprint, it is our opinion that the compacted fill constructed at the project site is suitable for both downward bearing and lateral support of the proposed residence" (see Geotechnical Reports in Attachment 3). FINDINGS OF ApPROVAL Approval of this project by the Community Development Director is based upon input from the City Council and Planning Commission during the public hearings related to the first application, additional documents requested as part of the Initial Study and input from the Architectural Review Committee. Justification for this approval is stated in the following. required findings. Plot Plan Review Page 3 of7 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan; The subject parcel was created prior to the 2001 General Plan, which states: C/OS2-1.3 Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate buildings and structures outside the setback. Except in urban areas where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank. The subject parcel was also created prior to adoption of Section 16.64.060(R) of the Municipal Code of the City of Arroyo Grande, which states: Creek Dedications. For any subdivision or parcel map or development project requiring discretionary review abutting the - Arroyo Grande Creek, including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los Berros Creek), or Meadow Creek, including its tributaries, the subdivider or developer shall dedicate to the city all the area that includes the stream bed and twenty-five (25) feet back of the stream bank, areas designated as environmentally sensitive based on a biology report prepared by a qualified biologist or other appropriate areas mutually acceptable for the purposes of "open space," flood control or "green belt." Exceptions to the requirements established in this subsection can be made only upon a finding that its application would violate federal or state law. Strict application of these two policies as they relate to this proposed project would deem aa.75 percent of the subject parcel un-buildable and leave a triangle shaped building area of approximately 1,666 square feet and lead to a situation in which a court may determine that the property owner has been deprived of all economic use of his property. Staff believes that the statement in the General '\., Plan "where feasible" and the exception clause of 16.64.060(R) were inserted to for this type of situation in an effort to protect basic property rights and to limit City liability. Although this project does not include a full 25-foot creek setback, the provided CEQA Initial Study and Mitigated Negative Declaration does, in staff's opinion, identify and mitigate all significant environmental effects. The proposed mitigation measures are designed to protect the creek by 1) limiting construction activities and effects to areas outside of the creek, creek bank and riparian habitat, 2) limit human and domesticated animal intrusion to patio areas by the use of a small wall and fence and landscaping design, 3) planting side and rear yard areas with riparian and native species in an effort to maintain the aesthetic value of the creek and to eliminate sedimentation from the development of a single residential structure, and 4) provides an offer of dedication of an irrevocable creek drainage and maintenance easement to the City for areas that Page 4 of 7 include the stream bed and the creek, its banks and five feet (5) adjoining the top of bank for the purposes of "open space, flood control, future creek path or green belt... No development shall occur within the creek easement area. Previous direction from the Planning Commission indicated that the house could be smaller in size in an effort to increase the creek buffer distance and to create a home that is more conducive to the surrounding neighborhood. The applicant now proposes a 15-foot buffer from top of bank to the building wall and has decreased the house to 2, 105 square feet of living area. 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; Section 16.48.120 of the Municipal Code establishes performance standards for development within the City of Arroyo Grande. These standards protect neighboring properties from nuisances such as poor air quality, electrical or electronic interference, fire and explosive hazards, glare, odors, smoke and vibration. The project, as proposed, meets the requirements of this Municipal Qode Section. In addition, the project satisfies all applicable provisions of the Municipal Code including development standards for the single-family zoning district. 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. The physical location or placement of the use on the site is compatible with the surrounding neighborhood since the development utilizes existing lots of the original Short, Mason and Whiteley subdivision and complies with all development standards for the single-family zoning district including setbacks, height, floor area ratio and lot coverage. Applicable Historic Character Overlay District Findings 1. The construction, alteration, demolition, or relocation of any building or '" structure or earth movement enhances, to the maximum extent feasible, and does not interfere with, detract from or degrade the historic cultural, architectural or archaeological resource values of the district. The construction of the proposed residential structure enhances, to the maximum extent feasible, and does not interfere with, detract from or degrade the historic, cultural, architectural or archaeological resource values of the district due to mitigation measures imposed in the Mitigated Negative Declaration, and the project's compliance with the Design Guidelines for Historic Districts as determined by the Architectural Review Committee. 2. The use proposed for a building, structure, or parcel of land shall be compatible with the uses predominating in the designated area. The use proposed for a building, structure, or parcel of land is compatible with the uses predominating in the designated area since the project utilizes existing Page 5 of 7 parcels and the proposed single-family houses are similar to neighboring residences. Architectural Review Findings 1. The proposal is consistent with the architectural guidelines of the city, or guidelines prepared for the area in which the project is located; The proposal is a craftsman style single family home and has been reviewed by the Architectural Review Committee based upon the Design Guidelines for Historic Districts. The proposed house is similar in height, mass and scale and utilizes compatible materials such as horizontal siding and composition roof tiles. 2. The proposal is consistent with the text and maps of the Arroyo Grande general plan and this title; The proposal is consistent with the text and maps of the Arroyo Grande General Plan and complies with all development standards of the single-family zoning district and has been reviewed by the Architectural Review Committee for compliance with the Design Guidelines for Historic Districts 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project; The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project since it complies with the provisions of the Municipal Code of the City of Arroyo Grande and mitigation measures have been developed that reduces environmental impacts below a significant level per CEQA guidelines. 4. The general appearance of the proposal is in keeping with the character of the neighborhood; The general appearance of the proposal is in keeping with the character of the neighborhood due to satisfying all applicable provisions of the Municipal Code and is consistent with the Design Guidelines for Historic Districts. '\., 5. The proposal is not detrimental to the orderly and harmonious development of the city; The proposal is not detrimental to the orderly and harmonious development of the City because it fulfills the development standards of the Municipal Code, and has been reviewed by the Architectural Review Committee and found to be consistent with the Design Guidelines for Historic Districts. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. The proposal will not impair the desirability of investment or occupation in the neighborhood since the proposed development is similar in building style and size as compared to surrounding residences. Page 6 of 7 Viewshed Review Findings 1. The proposed structure is consistent with the intent of this section; The proposed structure is consistent with the intent of Section 16.16. 130 of the Municipal Code since the house is designed to balance the property owner's request for reasonable development while preserving the existing scope and character of the established single-family neighborhood and protects the views and aesthetics of neighboring properties 2. The proposed structure is consistent with the established scale and character of the neighborhood and will not unreasonably or unnecessarily affect views of surrounding properties; The proposed structure is consistent with the established scale and character of the neighborhood and will not unreasonably or unnecessarily affect views of surrounding properties since it complies with the height, floor area ratio, lot coverage and other development standards for the single-family zone 3. The proposed structure will not unreasonably or unnecessarily interfere with , the scenic view from any other property, judged in light of permitting reasonable use and development of the property on which the proposed structure or expansion is to occur. The proposed structure will not unreasonably or unnecessarily interfere with the scenic view from any other property, judged in light of permitting reasonable use and development of the property on which the proposed structure or expansion is to occur due to the design of the proposed structure is located at the termination of Whiteley Street. In addition the conditions of approval include an irrevocable offer of dedication of a creek drainage and maintenance easement to the city for the area that includes the stream bed including the creek, its banks and five feet (57 adjoining the top of bank for the purposes of "open space, flood control, future creek path or green belt. " '\; RECOMMENDATION Staff recommends the Planning Commission review the proposed project and adopt a Resolution approving Plot Plan Review 05-027 and View Shed Review 05-020 Attachments: Resolution and Exhibit "A" 1. Project plans (Planning Commissioners, please utilize plans circulated at the March 21, 2006 meeting). 2. Planning Commission Resolution and Minutes from June 21, 2005; 3. City Council Resolution and Minutes from August 23, 2005 4. Letter from John Shoals, Project Manager for Pace Brother's Construction 5. Initial Study and Mitigated Negative Declaration Page 7 of7 , I I I II ATTACHMENT 2 MINUTES PLANNING COMMISSION APRIL 4, 2006 6:00 P.M. " CALL TO ORDER - The Arroyo Grande Planning Commi~sion met in regular session with Chair Fellows presiding; also present were Commissioners Parker, Ray and Tait; Commissioner Brown was absent. Staff members iM attendance were Community Development Director, Rob Strong and Assistant Planher Jim Bergman. / ANNOUNCEMENTS: Request for the public teAurn off their cell phones during the meeting. AGENDA REVIEW: No changes to the Ag nda were requested. APPROVAL OF MINUTES: The . utes of March 21, 2006 were unanimously approved with a requested change y Commissioner Parker: Page 9, under Parker comments: second bullet, end of entence add, "...with the neighboring one-story homes". The minutes were appr ed by a 4/0 voice vote, Commissioner Brown being absent. Chair Fellows read a prep d memorandum, explaining that in future he would like to encourage the Commissi ,staff, applicants and the public to be as brief as possible when reporting and as . g questions during Commission meetings; this would hopefully discourage long eve . g meetings, make more efficient use of the meetings thereby serving the commu . y better. A. UNICATIONS: None. B. WRITT N COMMUNICATIONS: None. C. RRAL ITEMS FOR COMMISSION ACTION: None. II. PUBLIC HEARING ITEMS: A. PLOT PLAN REVIEW CASE NO. 05-027 & VIEWSHED REVIEW CASE NO. 05- 020; APPLICANT - PACE BROTHERS CONSTRUCTION; REPRESENTATIVE - JOHN SHOALS; LOCATION -123 WHITELEY STREET Assistant Planner, Jim Bergman, presented the staff report giving the background on the project and explaining that in April 2005 the Planning Commission was informed of the administrative approval of a Minor Use Permit to build a house on an existing lot within 5-feet from top of the Arroyo Grande Creek. The Commission appealed this decision and a revised project featuring a 10-foot creek setback was ultimately denied. The applicant appealed the Planning Commission's decision to City Council; after public hearing the appeal was rejected and the project denied without prejudice. The Planning Commission and City Council provided findings for denial and gave direction to the applicant related to design aspects consistent with adopted City policies. At the March PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 2 21, 2006 Planning Commission meeting, the administrative approval of the Plot Plan Review and Viewshed Review was reported by staff; subsequently the Planning Commission voted unanimously to request that it be reviewed at public hearing as per the process stated in Municipal Code Section 16.12.155. The subject property is approximately a 14,804 square foot lot, which abuts and includes the Arroyo Grande Creek and was originally created in 1887. The proposed project for a single-family residence with a two-car garage is proposed to be two stories and 2,105 square feet of living area. The proposed house, at its closest point would be 15 feet from the top of the creek bank and a second floor of the building will be cantilevered over the first floor. Existing grading and a small foundation wall and fence will direct storm water runoff to the street, into a drop inlet upgraded by the applicant (with fossil filter insert). The most notable changes from the previous project is that the creek buffer has been increased to 15-feet and the size of the house has been reduced by approximately 200 sq. ft. In conclusion, Mr. Bergman stated that staff recommends the Planning Commission review the proposed project and adopt a Resolution approving the Plot Plan Review and Viewshed Review. Commission questions: Commissioner Ray asked for clarification on the Draft Mitigation Study and the Mitigated Negative Declaration in regards to issues that related to the creek itself. Mr. Bergman: The issues related to the creek are addressed in numerous chapters, but there is nothing on the impact on the creek as a whole. Director Strong: This is a standard Initial Study checklist out of the CEQA Guidelines the creek is evaluated on the adjacent developments and what might impact the creek. In reply to a question from Commissioner Tait, staff replied: . Part of the second floor (cantilevered) would be 10-feet from the creek. . The fossil filter will trap petroleum residue, but not pesticides. . The General Plan and Municipal Code does apply to this project, but this parcel was created before land use planning policies were formed. . MM 1.4 (for 15-foot buffer) is for consistency's sake in case equipment is required in this area. . MM 1.5 grading within 15 ft top of bank -re inconsistency with MM's 1.2 & 1.3. appreciated this being pointing out. . No fueling or maintenance of equipment will take place on the entire site and water from concrete wash down will be collected with straw wattles and be taken away from the site. . MM 1. 11: The applicant has to construct the landscape as it is shown on the plan in order to get the Certificate of Occupancy of the property and it would be included in a recorded document for future purposes. . MM 4.2: A document could be prepared if required to protect the creek from future lighting that would stay with the property PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 3 John Shoals, applicant's representative, answered Commission questions: . He clarified that the second floor, cantilevered section, would be within 13 feet not 10 feet; if this is an issue the applicant has said that it could be eliminate. . Re the fencing: When we went out to the site it was a weekend in which there was projected rain, the biological study was underway and in order to make sure there was no erosion into the creek and no impact we directed the consultant to erect the fencing prior to the completion of it. . The 15-foot setback: It is their intention to plant this with native plant species. . This project has a controversial history and he only came into the project recently. There has been some confusion on the applicant's behalf that may have contributed to the process being difficult, such as the lot being created (late 1800's) prior to the latest General Plan update. This was considered as an intill project and there was a misunderstanding that this would require a discretionary permit and be considered a new subdivision. . He agreed that the General Plan consistency does apply and they have tried to make a balance between protecting the creek and creating a home that is livable: The setback varies between 15-22 feet (averages about 18 feet) from top of creek bank. . Re public access: After review of the area they determined that existing homes are 10-15 feet from top of bank, so with the revisions that have made to the plan they believe it is now consistent with existing development plans in the neighborhood; there continues to be access from the end of Whitely Street to the creek. . Their survey revealed that there are 59% of homes in area are over 2,000 sq. ft. so this house is consistent with the neighborhood; floor/area ratios in this area average about 24% and this project is 14.2%. . Re viewshed: The design also respects the issue of viewshed from a public way. . Rincon consultants were hired at a great expense as the applicant wanted to get it right this time and is agreeable to the mitigation measures recommended by the Commission to minimize impacts to the creek. Further Commission questions to Mr. Shoals: Tait: . How will the wash-down water be prevented from going into the creek? Mr. Shoals: Straw wattles of plastic create a concrete wash to stop this running into the creek. MrPace: Anderson Burton will build the concrete washout and there will be no oils or fuels on site - that will all happen off-site. . How can you have drought resistant and riparian plants on the same site? Mr. Shoals: Rincon has reviewed the landscape plan, but we can go back in and put in plants that have the same watering requirements. Tait: It is a good idea to have drought resistant plants, but the site calls for riparian and he is not sure how you can do both. Greg Soto, project architect: The plants are riparian that require very little water and there are some already at the site. PLANNING COMMISSION MINUTES APRil 4, 2006 PAGE 4 Parker: · Bank landscaping planting: It says native plants are to remain, does this mean that you intend to leave the invasive ivy? Mr. Shoals: It is their intention not to touch anything within the creek bank but to enhance the 15-foot area from top of creek bank. . Why was the grading done after the Planning Commission requested that the grading be part of the mitigation plan and the applicant did said he was not going to be doing any grading? Mr. Pace: They did remove roots, the rest of the site had not been touched, grading is anything over 50 cubic yards; all they had heard was not to do anything to the creek; they put up the chain link fence and they have taken measures to effectively keep any water from running off the bank. Parker: Rincon's report, her view of the site and photographs of the site, show that six feet of earth has been removed and that the land was compacted and fill was brought in to build it up (six feet of earth) to the edge of the bank. Mr. Pace replied that he did not agree. . When the Commission approved the other two houses, one of the conditions of approval was that all the runoff from the house would go directly to Whiteley Street. She had a call from Fish & Game stating they were concerned and upset about the grading and that the houses were draining their runoff directly into the creek. Mr. Pace stated he completely disagreed with this statement - they drain into the street. Mr. Shoals: When he first saw the site he was also concerned and after questioning, Mr. Pace explained that the contractor had taken the soils from the other two sites and spread it over this site; they have discussed with staff how to identify what was the existing grade so that it could be turned back to existing grade and enhanced (a self-imposed mitigation); Rincon's determination was made without discussion with either Mr. Pace or himself, and they do not have this correct . Regarding the survey on the 17 homes the report does not indicate where these homes were? Mr. Shoals said they had gone a block or two in each direction from the assessor's map and they would be glad to provide their information to the Commission. Ray: . How far away from the chain link fence will the 18" fence be? Mr. Soto: The biologist has suggested that it be brought in two feet towards the proposed home. . Why was the lot line adjustment not done as suggested by City Council in the early stages of this project? Mr. Pace gave history, explaining that they had looked at doing the lot line adjustment, but this would have resulted in one good lot and two tough lots; what we now have is two good lots and one tough lot. . There are issues with the survey done by the applicant as after doing her own survey, within two blocks of the site, she found there are 39 properties that are not listed on their survey, including three houses that are directly across the street and are all less than 1,000 sq. ft. Why were the properties closest to this site not included? The information provided is incomplete and does not draw the conclusion that you are saying it is. Mr. Pace: When he did his survey it was a PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 5 difficult assignment as out of 70 addresses the Building Department could only find 3 or 4 houses with square footage numbers and even the assessors office did not have this information. Fellows: . There is a tree diagramed that he could not find on the key. Mr. Shoals: He would check this out. . What does the "very wet" comment in the borings indicate? Mr. Scott: At the time of the year this was taken the ground was wet, but the soils engineer explained that this would have no bearing on being able to provide a pad for the intended use of the homes. Chair Fellows opened the public hearing. Madeline Poulin. 139 Whitelev, stated she had no concerns with the proposed project, but would like a streetlight installed at the end of Whiteley.Street for safety. Colleen Martin. 855 Olive Street, stated a concern that if this project is approved it would set a precedent for size of building lots in the Village. She asked what the percentage of the structure was (versus the size of the lot) after the creek and creek setback area is deducted; stated that the cantilevered part of the structure should be considered as part of the footprint and included in the percentage. Mr. Bergman stated that in his experience he had never separated the calculations in this manner. Mr. Strong replied that if the setback were 25 feet the lot area would be 2,032 sq. ft. (including the front and side yard setback and for a 15 foot setback the net would be 1,1057 sq. ft. (inclusive of area for a garage); the standard is to consider the entire parcel Chair Fellows closed the hearing to public comment. Commission comments: Commissioner Tait stated that this project does not conform to the spirit or the letter of the General Plan; he does not agree that the proposed mitigation measures would protect the creek; he could not make finding number two, that "the proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare"; what has been done to the site does effect the creek; if a lot line adjustment had been done initially this situation could have been prevented as the other two homes already built at this site, by the applicant, are too large. Commissioner Parker stated that the grading that had already been done was a huge issue for her; the developer had stated he was not planning on doing any grading so the conditions were ignored; there is no way of knowing whether or not soil has been brought in and what it contains; the Department of Fish & Game notified her of the drainage from the house next door; she disagreed with the developer that this would not affect the site. The developer should make restitution for ignoring these measures; the Commission should be provided proof that the fill that has been brought into the site, is clean and will not harm the creek; in future any negative declaration that goes forward PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 6 for this project should be followed up to make sure the mitigations are adhered to, permits should be obtained (not be optional) and all agencies notified and responses adhered to; if this project goes forward a bond should be required and be in place until the project is complete and all conditions have been met; she could not approve the negative declaration as in her opinion it does not do enough to protect the environment. Commissioner Parker then gave her reasons for denial of the project, stating that they were mostly environmental and safety issues. Condensed comments: the proposed house could be redesigned to fit into the area; asking the property owner to scale down the house to fit with the environmental constraints is not a "taking"; a creekside trail should be allowed for; the project is too close to the creek bank; the invasive ivy on the creek bank at this site will have to be removed and needs to be a mitigation (replaced with native vegetation to hold up the slope). This is a better plan than the previous plan, but it needs more work. This building is maximizing the lot, is not consistent with the neighborhood, the Development Code, the General Plan, or environmental constraints; the developer needs to fit within these boundaries. Commissioner Ray stated that there is more compromise to be done; the Commission is not saying that nothing can be built here, but the applicant made a decision not to do the lot line adjustment, to build the other two large houses, and is now left to deal with this lot. After doing her own research she had found a number of homes on Whitely Street that were all very small and did not agree with the applicant that being required to build a 2,000 square foot house was "a taking"; there are flaws in what is driving this project; building a smaller house would fit in with the character of the neighborhood. However, it is unfair to ask the applicant to go back to the drawing board again. Some direction should be given to the applicant as to how a smaller house could be achieved: There should be nothing less than a 20-foot creek setback, the area above the garage could be used to gain more square footage; the side yard setback could be reduced. Chair Fellows stated that the other Commissioners had made great points and he would only repeat the ones he felt were really important: Objective C/OS2, Ag Conservation and Open Space Element of the 2001 General Plan states "safeguard important and environmentally sensitive biological resources contributing to healthy functioning eco systems: The Interim Urgency Ordinance 574, states the City Council believes that it is in the best interests of the public to maintain protection of it's riparian resources in order to maintain equilibrium between the natural features of and man made alterations to the City's creek and riparian environment, and details the necessity for adequate creek buffers. The Rincon report contained a lot of education on the importance and sensitivity of the creek, but he did not agree with the mitigations they offered; the staff report states a 15-foot buffer, but patios and overhangs would project into this buffer; riparian woodland vegetation within the creek corridor should not be removed without Fish and Game streambed alteration and agreement; he agrees with Commissioner Parker's comment that some of this has already been done; a creek buffer is needed and 25-feet may be too little; diffused lighting should be used; fertilizers and pesticides should be prohibited; the fossil filter installed is a good idea; the soils report is PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 7 satisfactory; the offer of dedication of irrevocable creek drainage is a good, but 5-feet is not enough. Commissioner Fellows further stated that he agrees with Commissioner Ray that it is definitely possible for the applicant to build a home at this site; there have been homes built on 25-foot lots. He suggested the size of the house be reduced to stay outside of the 25-foot buffer and that it be moved a couple of feet into the 5-foot setback so it is further away from the creek buffer; reduce the driveway to 18-feet instead 20-feet and move the house closer to the street; have a one-car garage with adequate on street parking; this will enable the house to be out of the 25-foot setbacks and still make a reasonable profit. Commission Parker stated that in the event that this does come back her additional recommendations for further review by the Commission would include: The non-native vegetation (such as ivy) on the edge of the bank should be removed (as a mitigation); the landscape plan should come back after review by a specialist and prior to commencement; a sediment and erosion control plan should be reviewed by the City, specifically to protect waters and riparian resources. In addition, the mitigation for noise has not been addressed; it is important to keep patios etc. out of the buffer area; it might be better to pull in the berm a couple of feet and have some natural filtration on the other side of it. As long as the house fits into the neighborhood it would be acceptable to reduce the driveway to pull the house forward and redesign it to give extra room. Commissioner Tait agreed with the other Commissioner's comments, but stated he was not prepared to design the applicant's project. Commissioner Fellows stated that he believed about one third of the plants proposed were not native (he had not found them listed in the Guide to California Plants); within the 25-foot buffer they should be native plants Commissioner Parker made a motion, seconded by Commissioner Tait, denying Plot Plan Review Case No. 05-027 & Viewshed Review Case No. 05-020, located at 123 Whiteley Street, without prejudice, and that findings Nos. 1, 2 & 3 cannot be made. The Planning Commission directed staff to bring back a Resolution of denial. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Commissioners Parker, Tait, Ray and Chair Fellows None Commissioner Brown Mr. Shoals asked if this action could be appealed? Mr. Strong replied that it could be appealed to the City Council and it is a 10-day appeal period. 8:00 PM. The Commission took a 10-minute break. ATTACHMENT 3 APPEAL TO THE CITY OF ARROYO GRANDE DATE: April 12, 2006 PLOT PLAN REVIEW CASE NO. 05-027 VIEWSHED REVIEW CASE NO. 05-020 APPLICANT/APPELLANT: LOCATION: PACE BROTHERS CONSTRUCTION 123 WHITELEY STREET, ARROYO GRANDE, CA This communication constitutes an appeal of the Planning Commission decision reached on April 4, 2006 denying the request by Pace Brothers Construction to construct one single-family residence on a 14,804-square foot lot. The Planning Commission denied the project finding that the project is inconsistent with the General Plan; does not conform to the applicable performance standards; and is not compatible with the neighborhood. The applicant disagrees with the Planning Commission's decision based on the following reasons: 1. General Plan Consistency The Planning Commission found that the project is not consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan. The Commission did not believe that the proposed project conforms to the spirit or the letter of the General Plan. The applicant/appellant believes that the projectis consistent with General Plan goals and policies relating to land use, housing, circulation/transportation, noise, safety and creek protection. Planning Commission discussion focused on the General Plan Goal C/OS2 and Policy C/OS2-1.3. General Plan Goal C/OS2 calls for safeguarding important environmental and sensitive biological resources contributing to healthy and functioning ecosystem. General Plan Policy C/OS2-1.3 states "Where feasible, maintain a grading and building setback of 25 feet from the top of stream bank. Locate buildings and structures outside the setback. Except in areas, where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank." The applicant/appellant does not believe that it is feasible to provide a 25-foot creek setback for the following reasons. . The site is an existing legal lot in an area where development exists contrary to the desired 25-foot setback. Existing residences in the immediate area are located 10 to 15 feet from top of stream bank. The applicant/appellant is requesting a similar setback to other properties in the existing neighborhood. The applicant/appellant has previously submitted photographs of buildings constructed closer than 25 feet from Arroyo Grande Creek. PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 2 · The site is an irregular shaped lot with a reduced buildable area due to the Creek. Imposing a 25-f60t creek setback would prohibit the owner from building a functional and marketable home on the property. . The applicant/appellant provided evidence to the Council in a previous meeting. The site is an existing legal lot that was created prior to the Subdivision Map act and the 2001 General Plan. In a previous staff report based on discussions with the City Attorney (May 17, 2005), staff determined that the 25-foot creek setback is a desired goal but not a mandated zoning standard. Based on this information, the applicant/appellant does not believe that the project should require discretionary review as it is an infill existing lot and the 25-foot policy was adopted after the lot was legally created. Based on City Council discussion and direction on August 23, 2005, the project was redesigned to provide a minimum 15-foot setback from top of creek bank. The current project provides 15 feet to 22 feet (18 feet average) between the residence and stream bank. This larger setback was created by reducing the size of the building footprint and the living area. The applicant/appellant believes that the revised project provides a setback that is consistent with the neighborhood and respectfully of the creek. It is also complies with the prior direction given by the Planning Commission and City Council. 2. Compliance with Performance Standards The Planning Commission found that the project does not conform to applicable performance standards and will not be detrimental to the public health, safety or general welfare. The project will not be detrimental to the public health, safety or general welfare as it meets or exceeds the applicable development standards, which include lot coverage, building setbacks, building height, landscaping and parking. We have also submitted evidence that demonstrates that all potential impacts to the creek can be reduced to less than significant with proper mitigation. Creek protection is discussed in greater detail below. Viewshed Protection: The project preserves views from the public right-of-way (street and sidewalk) towards the creek. Specifically, the first floor of the house is setback 20 feet from the property line (back of sidewalk) and the upper floor setback 42 feet from the property line. In addition, the residence is setback a minimum of 15 feet from top of stream bank. PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 3 The Commission also discussed potential impacts to the creek. Those concerns are addressed in the following paragraphs. Creek protection measures are included as conditions of approval in the Planning Commission staff report dated March 21, and April 4, 2006, and project design. All runoff is directed to Whiteley Street and a low berm ensures no runoff will go over the top of the bank. A fence will be installed to discourage foot traffic into the creek. In addition, a creek maintenance and drainage easement will be granted to the City, including an "open space" easement. At the suggestion of Council member Dickens and the concurrence of the City Council, qualified professionals (Rincon Consultants, Inc.) were hired to perform a biological resources assessment of the project to determine if there could be impacts on the Creek. The biological assessment was completed in February 2006. The assessment concludes that while the project could potentially impact biological resources in the northern portion of the property, those impacts can be reduced to less than significant levels with mitigation measures. The applicant is agreeable to implementing the mitigation measures contained in the biological report. Adoption of a mitigation monitoring plan, as required by State law, will insure implementation of the measures. Creek bank failure: There is no historical evidence of creek bank erosion at this location. The creek bank, on this particular stretch of creek, contains 100 year old trees on its banks, evidencing the security of this bluff. Geologic concerns are addressed by the Geologic Engineering Report on file. This report included soil borings showing the soils to be acceptable. Pesticides: The Commission felt that the fossil filter will trap petroleum residue, but not pesticides. No fueling or maintenance of equipment will take place on the site and water from concrete wash down will be collected with straw waddles and be taken away from the site. The landscape plan calls for native plant materials and places turf outside of the 15-foot minimum setback to reduce the potential of pesticides draining into the creek. 3. Neighborhood Compatibility The Planning Commission found that the physical location or placement of the use on the site is not compatible with the surrounding neighborhood. The applicanUappellant believes that the revised house design is compatible with the neighborhood based on the following: . According to the Assessor's Parcel Maps, a majority of the lots in the neighborhood are between 6,700 and 7,000 square feet with creek side lots being slightly larger. The 14,480-square foot site exceeds average lot size. PLANNING COMMISSION MINUTES APRIL 4, 2006 PAGE 4 · According to available data, the neighborhood has an average floor area to lot area ratio of 24%; the project has a 14.2% ratio. A citizen stated that the creek should be excluded from this calculation. City staff noted that current Code does not require exclusion of the creek and that the project compliances with City Code. . Using City data, the applicant was able to find information on 17 dwellings (most of which were newer homes, remodels or additions) in the immediate area. Using available information, it was determined that the 17 existing houses had an average size of 2,150 square feet, and that 59% (10 of 17) of those houses are over 2,000 square feet. The revised house has a 2,105 square foot living area, down from 2,252 square feet. Commissioner Ray correctly pointed out that the survey did not include information on the three existing older homes on the west side of Whiteley. While these homes are less than 1,000 square feet, they are more than 60 years old and in varying condition. For example, the home closest to the creek appears to be in need of some major repairs and upgrades. If these homes are inherited by a family member or purchased by a family of four, it is very likely that they would have to increase the size of the homes to fit their needs. Would they be made to maintain a 1 ,OOO-square foot home or would they be allowed to build a functional home that fits the family's needs? In summary, this project has received a great deal of scrutiny from the City Council, City staff and its advisory bodies. The applicant/appellant believes that the site plan and house design have been revised to address a majority of the City Council's concerns. It is consistent with the General Plan, complies with all applicable development and performance standards, and provides adequate protection to safeguard the creek as evidenced by the biological resources assessment prepared by Rincon Consultants. Viewshed approval was granted three times by the planning staff and upheld by the Architectural Review Commission (ARC) three times. The applicant/appellant believes that he has compromised to create a better project, and he asks the City Council to be fair and reasonable with respect to this property. APPEAL TO THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE I"Lee 1\'['" [,!T', ! i /\::,; r}Yi'i: . 0, nn I - r' I. r; C /'-;' " ",'1 Lt'Vf] o -11,\. , { Date tJ,. 'h 0 (; Name and Address of Appellant J " Appeal of ~~\Wq UH~-1P~ t%y~J)~~ I:J:JjVJ:~~o Case No. ~ltJv OJ J on Reason for Appeal ht/t' A11~v "or c' Approve Denied y ------; / /? / -' -/// / / /- " ,/ y / / /) II, Il I - Signature I,~ "" ''':4'~/, # ' 71Y ,~;ia CJ1;~. Jrj /t~ Mailing Addre:srf ~~I ~~ ArzftT~(l4JIt lCA 1~2-1 TelePhone(p-pg 1/0 - / tj7 {; Fee - $224.00 Receipt No. OOI-OO'J-1g3d-( , Date Lj - / '3 - 0 (, C' 8.j. MEMORANDUM TO: FROM: CITY COUNCIL DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~ DAN HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND~ FACILITIES . SUBJECT: CONSIDERATION OF FUNDING TO REMOVE HAZARDOUS TREES DATE: JUNE 13,2006 RECOMMENDATION: It is recommended the Council: 1. approve funding to remove four hazardous trees adjacent to Arroyo Grande Creek in the vicinity of Miner's Hardware store on Traffic Way; and, 2. appropriate $6,500 from the General Fund. FUNDING: The estimated cost to remove the trees is $6,500. This work is not a budgeted item and funds will need to be appropriated from the General Fund. The General Fund balance is $1,359,32.7 as of May 30, 2006. . DISCUSSION: The Director of Building and Fire has determined that four Monterey Pine trees pose a hazardous condition, which results in an immediate danger to health and safety in accordance with Section 12.16.070 of the City's Municipal Code. The trees are located adjacent to Arroyo Grande Creek and behind Miner's Hardware store on Traffic Way. Three of the trees are dead and one is in decline as a result of pitch canker and need to be removed. Pitch canker is a disease which causes die-back of individual branches leading to a general decline in a tree's health and often results in the tree dying. This disease, which is caused by a fungus, mainly affects pine trees in the central coast area of California. It is recommended that the Council approve funding to remove four hazardous trees adjacent to the Arroyo Grande Creek and authorize an appropriation of $6,500 from the General Fund. CITY COUNCIL CONSIDERATION OF FUNDING TO REMOVE HAZARDOUS TREES JUNE 13,2006 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staff's recommendation and adopt the resolution; Do not approve staff's recommendation; Modify as appropriate and approve staff's recommendation; or Provide direction to staff. 9.a. I, MEMORANDUM TO: FROM: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ CONSIDERATION OF APPEAL OF PLANNING COMMISSION'S INTERPRETATION AND DENIAL OF VIEWSHED REVIEW 05-021; 1238 MONTEGO STREET SUBJECT: DATE: JUNE 13, 2006 RECOMMENDATION: It is recommended that the City Council accept the request for withdrawal of appeal on the Planning Commission's denial of Viewshed Review 05-021. FUNDING: No fiscal impact. DISCUSSION: On April 25, 2006, the City Council discussed the appeal of Viewshed Review 05-021, continuing it to June 13, 2006. Since that time, Mr. Harmon (the appellant) has submitted a letter withdrawing the appeal. To reduce the potential for similar problems in the future, the City has initiated several amendments to the Development Code Update for residential districts, including: 1. Elimination or revision of the definition of "basement" in 16.04.070.C. to avoid conflict with Uniform Building Code. 2. Requiring Viewshed Review (VSR) for any increase in building height greater than the average of the two adjacent residences, and/or two-story residence on an undeveloped legal lot. These, and other proposed revisions are scheduled for continued public hearing on the Development Code Update on June 6 and August 1, 2006, and will then be transmitted to the City Council for consideration and possible adoption. ALTERNATIVES: 1) Accept the withdrawal letter. 2) Provide direction to staff. Attachments: 1. Letter dated May 9, 2006 from Stacey Harmon. JI'~ Ctf>1 ,:,_..,." -",~ ." ~ \ '. . ~ '....~....... -.;;..;.~ ........) - " ~,.,,,,, . : -' ("0 /1\1\("\ '\ t ,. \, :..~.....'~ . llr.. ." ...........-.,1=- ........,.....;.'J C.~J -' ....I.:_~ .. r.O-: .~.,.,"' \....' 1 .. .._. ,'-" . C\~ ~~., , ,...."~:, .-\-'l_~i.\ ...1 ~'. .'_ "," ;''{ \j~.,,~~.--': ' (..C:'.;~I.,;J....l. ~ May 9, 2006 Rob Strong, COD Director PO Box 550 Arroyo Grande, CA 93421 Re: Case No. 05-021 - Dear Mr. Strong Please be advised that I have decided to abandon my proposed remodeling project. It is therefore my request that this matter be taken off the city council agenda and that my appeal be dropped. Thank you for your efforts in this matter. Sincerely, , :\"", .,~~ >-~ ;/~- ~-- / 9.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING On TUESDAY, JUNE 13, 2006, the Arroyo Grande City Council will conduct a public hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET, ARROYO GRANDE to consider the following item: ITEM: APPEAL OF PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT CASE NO. 06-002. The City Council will consider an appeal of the Planning Commission's denial of Conditional Use Permit Case No. 06-002 for demolition of an existing veterinary clinic and construction of a new two-story veterinary clinic. 270 N. Halcyon Road VCA South County Animal Hospital LOCATION: APPELLANT: STAFF REPRESENTATIVE: Ryan Foster, Assistant Planner The Council may also discuss other hearings or business items before or after the item listed above. If you challenge the proposed action 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. Information relating to these items is available by contacting Arroyo Grande City Hall at 473-5414. The Council meeting will be televised live on Charter Cable Channel 20. (!/).() !t..Y----- Publish n, The Tribune, Friday, June 2, 2006 MEMORANDUM TO: FROM: CITY COUNCIL ROB STRONG COMMUNITY DEVELOPMENT DIRECTO~ RYAN FOSTER, ASSISTANT PLANNER BY: SUBJECT: CONSIDERATION OF APPEAL OF PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 06-002; 270 NORTH HALCYON ROAD DATE: JUNE 13,2006 RECOMMENDATION: The Planning Commission recommends that the City Council adopt the attached Resolution, denying the appeal and upholding the Planning Commission's denial of Conditional Use Permit 06-002. FUNDING: There is no fiscal impact. DISCUSSION: Backqround On April 18, 2006, the Planning Commission considered Conditional Use Permit 06-002 to demolish an animal hospital and construct a new two-story animal hospital at 270 North Halcyon Road (Attachment 1). Although staff recommended approval of the project with supporting findings, the Commission was unable to make two of the required findings and denied approval of Conditional Use Permit 06-002 with a 2-1 vote (Attachment 2). The VCA South County Animal Hospital then filed an appeal of the Planning Commission's denial. Proiect Description The proposed project consists of demolishing the existing 2,386 square-foot building at the northern end of the property and constructing a 4,530 square-foot, two-story building at the southern end of the property. The two-story building has been designed so that the two-story component of the building would face North Halcyon Road and a single- story component would face the adjacent single-family neighborhood along North Rena Street. The proposed project includes fifteen (15) off-street parking spaces in a parking lot accessed from both North Halcyon Road and North Rena Street. The proposed project also includes the removal of all but two (2) of the mature eucalyptus trees along the southern end of the property and replacement of these trees at a 2:1 ratio. Development of the project site is subject to a plan line depicting the ultimate future right of way for widening of North Halcyon Road, which comprises an additional six (6) foot strip along the western edge of the property. The project would dedicate right of way, but S:\Community Development\PROJECTSIAPL\06-001IAPL_ 05-007_ CC _ RPT.doc CITY COUNCIL APPEAL 05-006 JUNE 13, 2006 PAGE 2 OF 3 improvements for widening would be deferred until the remainder of this street was scheduled in the Capital Improvement Program. Development Standards The proposed project conforms with all applicable development standards for the Highway Mixed-Use (HMU) zoning district, including setbacks, building height and lot coverage. The City's Development Code does not specify a parking requirement for veterinary uses; however, the Code does allow the Planning Commission (or City Council) to determine the appropriate parking requirement for any unspecified use. Alternatively, the City could allow off-site employee parking within 500 feet as a condition if conventional retail-office standard of 1 :250 is required. Impact of Proposed Proiect to Existinq Trees As stated above, the proposed project includes a request to remove several mature eucalyptus trees located on the southern portion of the property, recently trimmed by the City to accommodate the Police Department modular office placement. This is due to the existing condition of the trees (shallow roots) and location of the proposed building footprint. A soils engineering report submitted for the proposed project recommends that the site be over-excavated to a depth of seven (7) feet, moisture conditioned and compacted, extending a minimum of five (5) feet beyond the building footprint for preparation of the building pad. The applicant has stated that moving the proposed building footprint farther away from the southern property line would reduce both the width of the building and the number of off-street parking spaces possible, making redevelopment of the site infeasible without tree replacement. Architectural Review Committee Recommendation The Architectural Review Committee (ARC) reviewed the proposed project at its meeting of April 3, 2006. (Attachment 4). The Committee, by a vote of 2-1, recommended approval of the project, with minor parking lot design and landscape revisions. Basis for Planninq Commission Denial The Planning Commission denied Conditional Use Permit 06-002 based on inconsistencies with General Plan policies, required findings for approval and the scale and placement of the proposed building (reference attached Resolution). Basis for Appeal of Planninq Commission Decision The appellant has outlined the following reasons for the appeal (Attachment 3): . Staff and the Architectural Review Committee (ARC) recommended approval of the project, and only three (3) members of the Planning Commission were present to consider approval of the conditional use permit (the project was denied on a 2-1 vote); . The shape and size of the project site and location of the existing trees restrict options for redevelopment of the property; S:\Community Developmenl\PROJECTSIAPL\06-001IAPL_05-007 _ CC _RPT.doc CITY COUNCIL APPEAL 05-006 JUNE 13, 2006 PAGE 3 OF 3 . The proposed project includes a 2: 1 replacement ratio for removal of trees; . The community is supportive of the proposed project (a petition with 235 signatures is on file with the Community Development Department). Additional support letters dated May 26, 2006 are also enclosed (Attachment 5); . Preservation of the existing trees would create a nuisance for the property owners; and . Approval of the project was based exclusively on the issue of preserving the existing trees and should have been judged in its entirety. ALTERNATIVES: The following alternatives are presented for Council consideration: 1. Adopt the attached Resolution denying the appeal and thereby denying approval of Conditional Use Permit 06-002; 2. Do not adopt the attached Resolution, tentatively uphold the appeal and direct staff to return with a supporting Resolution; or 3. Provide direction to staff Attachments: 1. Planning Commission Staff Report for CUP 06-002, April 18, 2006 2. Planning Commission Minutes, April 28, 2006 3. Appellant's reasons for appeal 4. Architectural Review Committee meeting notes, April 3, 2006 5. Letters from Lee and Dorothy Schlitz dated May 26, 2006. 6. Planning Commission Resolution, June 6, 2006. S:\Admin Services\Agenda Mise Documents\APL_05~007 _CC_RPT.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 06-001 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 06-002; LOCATED AT 270 NORTH HALCYON ROAD; APPLIED FOR BY THE SOUTH COUNTY VETERINARY CLINIC WHEREAS, the Planning Commission of the City of Arroyo Grande considered approval of Conditional Use Permit 06-002 to demolish an existing animal hospital and construct a new two-story animal hospital at 270 North Halcyon Road at a public hearing on April 18, 2006 and made a motion to deny approval of Conditional Use Permit and direct staff to retum with a supporting Resolution; and WHEREAS, the Planning Commission of the City of Arroyo Grande adopted a Resolution to deny approval of Conditional Use Permit 06-002 on June 6, 2006; and WHEREAS, the appellant has filed an appeal of the Planning Commission's decision; and WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a public hearing on June 13, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following required findings for Conditional Use Permit approval cannot be made in an affirmative manner: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the city. Although veterinary clinics are a permitted use in the Highway Mixed-Use (HMU) zoning district and the proposed project complies with all applicable provisions of the Development Code, due to the proposed removal and replacement of eucalyptus trees necessary to develop the proposed project, it does not comply with the following General Plan policies: . C/OS 1-1.4 - Locate structures...on portions of a site so as to minimize visual impact (Conservation Element). . LU 11-2.4 - Require that new developments be designed so as to respect the views from existing developments; provide view corridors which are oriented toward existing or proposed community amenities, such as park, open space, or natural features (Land Use Element). I RESOLUTION NO. PAGE 2 . LV 11-2.5 - Design development projects within the City of Arroyo Grande to provide screening as necessary to shield neighboring properties from the adverse effects of that development (Land Vse Element). 3. The site is suitable for the type and intensity of use or development that is proposed. Although the site is flat and the proposed development meets all applicable Development Code requirements, it does not relate to the prevailing existing, or planned scale of adjacent development (LV 11-2.2). Additionally, the proposed setbacks do not provide an adequate buffer between dissimilar uses (LV 11- 1.2) nor do the proposed setbacks from streets and adjacent properties relate to the scale of the structure and the width of the street (LV 11-2.3). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies Appeal 06-001 and thereby upholds the Planning Commission's denial of Conditional Use Permit 06-002, based on the above findings. On motion by Council Member following roll call vote, to wit: , seconded by Council Member , and by the AYES: NOES: ABSENT: the foregoing Resolution was adopted this 13th dayof June, 2006. RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL. CITY ATTORNEY ATTACHMENT 1 ~ CITY OF ARROYO GRANDE ~~ ~ PLANNING COMMISSION HEARING HEARING DATE: AGENDA ITEM: Tuesday, Apri/18, 2006 II.C. CASE NUMBER: Conditional Use Permit 06-002 ApPLICANT: South County Veterinary Clinic REPRESENTATIVE: LeAnn Palm PROJECT LOCATION: 270 North Halcyon Road PROJECT DESCRIPTION: Demolish existing veterinary clinic and construct new two- story clinic on the opposite end of the property Ryan Foster -pe:;; PROJECT PLANNER: PUBLIC NOTICE Notices were sent to 38 property owners and published in the Tribune on April 7, 2006. As of April 12, 2006, staff has not received any comments regarding the proposed project. LOCATION MAP 'it" It[~ ENVIRONMENTAL DETERMINATION Staff has reviewed the proposed project in compliance with the California Environmental Quality Act (CEQA) Guidelines and determined that the proposed project is categorically exempt per Section 15303 (New Construction) of the Guidelines. This exemption may be applied to projects that involve up to four (4) buildings and 10,000 square-feet in urbanized areas. If the Planning Commission does not agree that this determination is appropriate, project approval cannot be considered at this time. DISCUSSION Backqround The Planning Commission reviewed preliminary plans for the proposed project as a pre- application review at its meeting of January 17, 2006 (Attachment 1). The Commission discussed the proposed landscaping plan and possible retention of trees, the requested parking reduction, the future widening of North Halcyon Road and the proposed building materials. Project Description The applicant proposes to redevelop the South County Veterinary Clinic facility at 270 North Halcyon Road by demolishing the existing 2,386 square-feet building at the northern end of the property and constructing a 4,530 square-foot, two-story building at the southern end of the property. The applicant has also applied for a parking reduction to deviate from development standards regarding on-site parking requirements. Specifically, the proposed project includes fifteen (15) on-site parking spaces, whereas the strict application of the Development Code would require eighteen (18) on-site spaces. Vehicular access would be provided from both North Halcyon Road and Rena Street. Development Standards The following table compares the proposed project with development standards for the Highway Mixed-Use (HMU) zoning district: \. Allowed Proposed Densitv 20 du/acre -- Lot Size 20,000 sauare-Ieet 12,763 s.l. lexistino\ Setbacks 0-15' 1-143' Buildino Heioht 30' 25'-6"' Lot Coverane 75% 28% Floor Area Ratio IFAR\ 0.75 0.35 As illustrated above, the proposed project meets applicable development standards for the HMU zoning district. Proposed Landscape Plan There are several eucalyptus trees located on the project site that sit on or adjacent to the southern property line. Because of the close proximity (5') of the proposed building to this property line, the applicant proposes to remove and replace all but two (2) of the Page 2 of 7 eucalyptus trees along the southem portion of the property (refer to proposed plans). Arguments that have been raised by both the applicant and City staff supporting removal and replacement of these trees include the following: . The existing trees are inappropriate for the intended use of the property - the property is zoned Highway Mixed-Use (HMU), which allows for a variety of uses and encourages high intensity development through flexible setbacks and high lot coverage and floor area ratio (FAR) allowances. The manner in which the trees were planted is appropriate for a windbreak; however, it is not appropriate for a visual buffer in close proximity to a building. . Construction of any structure within the dripline of the trees may weaken the trees and cause them to fall - because the trees were planted without any mechanism to force deep root growth, their root structure is very shallow (as evidenced by the buckling of the existing parking lot) and any cutting of these roots that would be necessary for a building foundation could weaken the root structure and cause the trees to fall. Three arborists have reviewed the root damage caused to the trees by the grading related to the Police Department facility. Two have indicated that at least one of the trees should be removed. The City's arborist has indicated that all of the trees could be preserved, but the tree in question should be monitored carefully. However, the City's arborist has also indicated that any additional impact to the roots from either side will result in irreparable damage. The soils report prepared for the project recommends over-excavation of 7' below existing grade, out 5' from the edge of the building for site preparation for the building's foundation. Therefore, it is staff's opinion that the trees can only be saved if the proposed structure is moved. The minimum distance between trees recommended by the three arborists ranges from 15 - 20 feet. :\(\ . Replacement of the existing trees will improve the City's urban forest - the trees are estimated to be over 40-years old, with an expected lifespan of 50 - 75 years, and the proposed project presents an opportunity to remove and replace these trees with a more appropriate species that is better suited to the site that will not only visually buffer the site, but also contribute to the City's urban forest for many years to come. Staff has determined that the applicant's request to remove these trees is consistent with the City's criteria for removal of trees as described in Section 12.16.070 of the Municipal Code, as follows: The intended decision of the director or tree coordinator for issuing or refusing a tree removal permit shall be based upon reasonable standards, including: 1. The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance; Page 3 of7 The trees were not planted with any mechanism to force the root structure to grow down rather than out and as a result, many large roots are located within 3' of grade. This has caused a portion of the existing parking lot to buckle and create a potential safety hazard. 2. The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property; The Highway Mixed-Use (HMU) zoning district allows a maximum lot coverage of 75%. Although this maximum coverage is by no means a guaranteed maximum for any development proposal, the proposed project's coverage of 28% could be determined to be a reasonable economic use of the site. Removal of the trees is necessary due to the soil conditions present on the property, which require significant over-excavation of the site for building preparation, as determined by a soils engineer. Due to the unique shape of the property, moving the proposed building away from the southern property line reduces the number of potential parking spaces and could adversely affect the existing residential neighborhood to the east of the property by placing the proposed building closer to Rena Street. 3. The topography of the land and the effect of the tree removal on erosion and water retention; Tree removal would not aversely affect erosion or water retention, as the project site is flat and stormwater is discharged into the City's stormwater system. 4. The number, species, size and location of existing trees in the area and the effect of the tree removal on scenic beauty, historic values, and the general welfare of the city; : li~ While removal of the trees would impact the site's scenic beauty, it would not negatively impact historic value (eucalyptus trees are non-native), nor would it negatively impact the general welfare of the city, as each tree would be replaced with a specimen tree more appropriate for the site. 5. Good forestry practices in general. Replacing the existing trees with a more appropriate species would reduce maintenance, allow for the use of deep-root barrier systems and eliminate the long-term potential problems associated with eucalyptus trees. Page 4 of7 The proposed landscape plan includes a total of twenty-seven (27) trees (6 existing, 21 new), which is double the required 1:1 replacement ratio for removing trees. The proposed planting legend contains several varieties of replacement trees proposed by the applicant. Additionally, the Director of Parks, Recreation & Facilities has recommended that each eucalyptus tree removed be replaced with 24" box rather than 15-gallon variety. In addition to minor landscaping of the parking lot, there are two (2) large landscape areas on the proposed plan: one at the northern end of the property and the other alongside the building on the Halcyon side of the property. If the Planning Commission were to approve any measures aimed at maintaining the eucalyptus trees, while approving the building as proposed, staff requests that conditions to protect the trees be clearly defined and work be monitored by an independent arborist contracted by the City and paid for by the applicant. ParkinQ The City's Development Code does not specify a parking requirement for veterinary uses. The Code does, however, allow the Planning Commission to determine the appropriate parking requirement for any unspecified use, as stated in Section 16.56.060: For any use not specifically set forth in this section, the planning commission shall determine the amount of required parking based upon similar uses, or evidence of actual demand based on traffic engineering or planning data. The applicant shall provide the necessary data and background information. The applicant has submitted a letter from Higgins Associates (Attachment 4) that includes parking requirements for veterinary uses from the Institute of Transportation Engineers (ITE) Parking Generation Handbook as well as other Central Coast cities, illustrated by the following table: '\' uirement 1 I 625 s 1 1300 s 1 I 520 s 1 I 400 s 11 300 s 1 I 429 s The proposed project contains fifteen (15) spaces for 4,530 square-feet of floor area, or a ratio of 1 space I 300 square-feet. This ratio is consistent with the most rigid requirements above and only slightly lower that the citywide requirement of 1 space I 250 square-feet for commercial and office uses. It should be noted that when and if North Halcyon Road is widened, two (2) parking spaces would be lost, reducing the project's parking ratio to 1 space I 350 square-feet. However, the resulting widening would retain the available on-street parking along North Halcyon Road. A finding for Page 5 of 7 approval of the proposed parking ratio has been included in the attached Resolution, based on the above information and the unique characteristics of the site - specifically, the availability of on-street overflow parking and/or the opportunity for off-site shared parking with one of the two adjacent churches. Future Wideninq of North Halcvon Road The proposed plans include a plan line that depicts the ultimate future width of North Halcyon Road, and the proposed building has been sited on the property accordingly. The applicant will not be required to widen this portion of Halcyon; however, the applicant will be required to dedicate the additional right of way. The City does not yet have the widening programmed as a capital improvement project (CIP) and it may not be programmed for another 10 -20 years. Proposed Buildinq Materials The proposed building materials include a combination of cement plasterboard, fiber cement siding, aluminum doors & windows and an aluminum screen. A color and materials board was recommended for approval by the ARC and will be provided at the meeting, as well as photographs of other buildings that have incorporated these materials. Architectural Review The Architectural Review Committee (ARC) reviewed the proposed project at its meeting of April 3, 2006 (Attachment 5). The ARC recommended approval of the project, including the proposed removal of eucalyptus trees, with the following condition: . Return with a revised landscape/parking plan prior to issuance of a building permit that increases greenspace and enhances the site as a visual gateway. The ARC directed that the parking plan be revised to provide two (2) separate lots, one accessed from North Halcyon Road and the other from Rena Street. The northern parking lot (accessed from Rena) would provide six (6) parking spaces and could be reserved for employees. The southern parking lot (accessed from North Halcyon Road) :\. would provide the remaining nine (9) parking spaces. The elimination of the connecting driveway would enable increased landscaping along North Halcyon Road, a portion of which would remain after widening. The ARC also directed the applicant to replace the crepe myrtle and eastern redbud trees on the proposed landscape plan with different species when the landscape plan is resu bmitted. Page 6 of 7 RECOMMENDATION Staff recommends that the Planning Commission adopt the attached Resolution with the included findings for approval of the proposed project. Attachments: 1. Project plans 2. Minutes from January 17; 2006 Planning Commission meeting 3. Arborist report dated March 21, 2006 4. Letter from Higgins Associates 5. Draft minutes from April 3, 2006 ARC meeting 6. Soils report Page 7 of7 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 06-002; LOCATED AT 270 NORTH HALCYON ROAD; APPLIED FOR BY THE SOUTH COUNTY VETERINARY CLINIC WHEREAS, the applicant has filed Conditional Use Permit 06-002 to redevelop an existing animal hospital located at 270 North Halcyon Road; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 06-002 at a public hearing on April 18, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) (Section 15303); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in an affirmative manner: ConditionallJse Permit Findings' 1. The proposed use is permitted within the Highway Mixed-Use (HMU) district pursuant to Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use is consistent with Policy Statement LU5-2 of the City's Land Use Element, which describes allowed uses within the Mixed-Use land use category. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is consistent with the HMU zoning district, and the bulk of the proposed structure will be located adjacent to North Halcyon Road, away from the residential neighborhood along Rena Street. \. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation and setbacks would be provided, including a parking requirement as determined by the Planning Commission based on the proposed use and site-specific characteristics. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the RESOLUTION NO. CUP 06-002 PAGE 2 proposed project would not create any adverse environmental impacts. P<'lrking Finding' 1. The proposed parking requirement of one (1) parking space for every 300 square- feet of floor area is adequate for the proposed use, based on a survey of neighboring jurisdictions and also the physical characteristics of the property, which has two (2) frontages where on-street parking is available in addition to the required on-site parking. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 06-002, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner following roll call vote, to wit: , seconded by Commissioner , i"nd by the AYES: NOES: ABSENT: the foregoing Resolution was adopted this 18th day of April, 2006. ATTEST: :\, L YN REARDON-SMITH, SECRETARY TO THE COMMISSION CHUCK FELLOWS, CHAIR AS TO CONTENT: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. CUP 06-002 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 06-002 270 NORTH HALCYON ROAD This approval authorizes the redevelopment of an existing animal hospital located at 270 North Halcyon Road. COMMIINITY DEVEL OPMENT DF'PARTMENT GENERAl CONOITIONS 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 06-002. 3. The applicant shall agree to defend at his/her 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 court costs and attorney'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. 4. Development shall conform to the Highway Mixed Use (HMU) zoning requirements except as otherwise approved. 'I. PUBLIC WORKS DEPARTMF'NT SPFCIAI CONOITIONS 5. All stormwater runoff shall be filtered prior to discharging to the street. 6. The applicant shall install a double detector check valve with Fire Department connection at a location satisfactory to the Fire Chief. 7. The applicant shall install a fire hydrant in the North Rena frontage of the property located at 206 North Halcyon Road. 8. The applicant shall abandon the existing sewer lateral if it is unable to be utilized RESOLUTION NO. CUP 06-002 PAGE 4 with the project. 9. The applicant shall pay the proportionate share to the following wastewater capital improvement projects: . Woodland Drive upgrade; . Alder Street upgrade 10. All new utility services shall be installed as underground facilities. 11. The applicant shall underground the overhead utilities in the North Rena frontage to the next pole outside of the frontage. 12. The applicant shall install a street lamp in the North Rena frontage and the North Halcyon frontage. 13. The applicant shall make an offer of dedication for the right of way for North Halcyon in accordance with the City adopted plan line. 14. The applicant shall install new curb, gutter and sidewalk within the project frontages at the existing right of way. 15. The applicant shall install wheelchair ramps at the corner of North Rena and Bennett. 16. Prior to issuance of a building permit, the applicant shall merge all interior property lines. GFNFRAI C:ONf1ITIONS 17. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or ",. as directed by the Director of Community Development or the Director of Public Works. 18. Perform construction activities during normal business hours (Monday through Friday, 7 AM to 5 PM) 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 performed outside of these hours. IMPROVEMENT PI ANS 19. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. RESOLUTION NO. CUP 06-002 PAGE 5 20. Submit three (3) full-size paper copies and one (1) full-size Mylar copy of approved improvement plans for inspection purposes during construction. 21. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of Mylar prints and an electronic version on CD in AutoCAD format shall be required. 22. 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. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Any other improvements as required by the Director of Public Works. 23. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 24. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. '\- 25. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Facilities Departments. In addition, the Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATFR 26. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 27. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. RESOLUTION NO. CUP 06-002 PAGE 6 28. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 29. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 30. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either of the following: a. Implement 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 proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR b. The applicant may pay an in-lieu fee of $2,200 for each new residential unit (or equivalent). 31. The on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 1 O-foot wide easement. SFWFR 32. All sewer laterals within the public right of way must have a minimum slope of 2%. 33. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 34. Existing sewer laterals to be abandoned shall be properly abandoned and capped \. at the main per the requirements of the Director of Public Works. 35. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to issuance of building permit. PURl IC FACIIITIFS 36. Submit all improvement plans to he public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. All utility companies shall sign the improvement plans prior to final submittal. 37. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RESOLUTION NO. CUP 06-002 PAGE 7 STRFFTS 38. Obtain approval from the Director of Public Works prior to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 39. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 40. All street repairs shall be constructed to City standards. 41. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AS. 42. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public Works. ClJRR, GIJTTFR AND SIDFWALK 43. Install new concrete curb, gutter, and sidewalk across the project frontage. 44. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 45. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 46. Perform all grading in conformance with the City Grading Ordinance. :\', 47. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed to City standards. 57. Prior to issuance of a grading permit, the applicant shall incorporate the recommendations provided in the preliminary soils engineering report prepared for the project into the project plans and specifications. Final improvement plans submitted to the City shall be accompanied by a letter of certification from the civil engineer that the plans are in conformance with the soils report, and the certification shall confirm that the plans include the following: . The project is designed to withstand ground shaking associated with a large magnitude earthquake on nearby active faults. RESOLUTION NO. CUP 06-002 PAGE 8 . All proposed structures are designed to conform to the most recent Uniform Building Code (UBC) Zone 4 guidelines. . The project complies with the requirements of the City's Grading Ordinance. . Delineation of all site-specific specifications regarding clearing, site grading and preparation, footings, foundations, slabs-on-grade, site drainage, and pavements or turf block. nRAINAGF 48. All drainage facilities shall be designed to accommodate a 100-year storm flow. 49. All drainage facilities shall be in accordance with the Drainage Master Plan. 50. Prior to issuance of a grading permit, the applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide an on-site retention system, to the satisfaction of the Director of Public Works. DEnlCATIONS ANn FASFMFNTS 51. All easements, abandonments, or similar documents to be recorded as a document shall be prepared by the applicant on 8 Y:z 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. 52. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. If any building footprint is located within 10 feet beyond the right of way, the street tree easement shall be reduced to the maximum extent feasible. :1.. 53. A Public Utility Easement (PUE) shall be dedicated a minimum of 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of public utility vaults, pads, or similar facilities. PERMITS 54. Obtain an encroachment permit prior to performing any of the following: . Performing work in the City right of way, Staging work in the City right of way, Stockpiling material in the City right of way, . . RESOLUTION NO. CUP 06-002 PAGE 9 . Storing equipment in the City right of way. 55. Obtain a grading permit prior to commencement of any grading operations on the site. FFFS 56. Pay all required City fees at the time they are due. 57. Fees to be paid prior to plan approval: . Map check fee, Plan check fee for grading plans based on an approved earthwork estimate, Plan check fee for improvement plans based on an approved construction cost estimate Permit fee for grading plans based on an approved earthwork estimate, Inspection fee of project or public works construction plans based on an approved construction cost estimate. . - . . . AGRFFMFNTS 58. 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. 59. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. IMPROVFMFNT SEClJRITIFS :1, 60. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 61. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 62. Provide 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 cost of all RESOLUTION NO. CUP 06-002 PAGE 10 improvements. This bond is required prior to acceptance of the improvements. OTHER nOCIJMFNTATION 63. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the plans. PRIOR TO ISSlJlNG A RlJII nlNG PFRMIT 64. The project plans shall be approved with all pertinent conditions of approval satisfied. PRIOR TO ISSIJlNG A CFRTIFICATF OF OCClJPANCY 65. All utilities shall be operational. 66. All essential project improvements shall be constructed prior to occupancy. Non- essentail improvements, guaranteed by an agreement and financial. securities, may be constructed after occupancy as directed by the Director of Public Works. RlIlI DING AND FIRE DEPARTMFNT GENFRAI CONnlTIONS 67. 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. 68. The project shall provide complete compliance with State and Federal disabled access requirements. '\. 69. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. 70. The project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. 71. Prior to occupancy, the applicant must provide an approved "security key vault" for all commercial units, per Building and Fire Department guidelines. 72. Building permit fees; to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. CUP 06-002 PAGE 11 73. Strong Motion Instrumentation Program (SMIP) fee; to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. SPFCIAI CONDITIONS 74. Prior to issuance of a building permit, the applicant shall indicate the total volume and types of hazardous materials, including medical gases, to be used or stored on the property. The applicant shall include MSDS sheets for all items. 75. All medical gases shall be installed and operated under the provisions set forth in the California Fire Code. PARKS, RECRFATION AND FACILITIES DEPARTMF'NT SPFCIAI CONOITION 76. Each eucalyptus tree to be removed shall be replaced with a 24" box tree, as identified in the final landscape plan. ARCHITECTURAl REVIEW COMMITTEE 77. Prior to issuance of a building permit, the applicant shall submit a revised parking/landscape plan subject to review by the ARC and Director of Parks, Recreation and Facilities and approval of the Community Development Director. ATTACHMENT 2 C. CONDITIONAL USE PERMIT CASE NO. 06-002; APPLlCAI.... --.:JVUTn"\JQu...n VET CLINIC; LOCATION - 270 N. HALCYON. Mr. Foster presented the staff report for consideration of an application for demolition of an existing veterinary clinic and construction of a new two-story clinic on the opposite end of the property. He explained that there are long range plans to widen Halcyon Road; the effects of widening on the proposed project would reduce the setback on the Halcyon Road side to zero feet (which is consistent with the current mixed use zoning) and would also reduce the parking by two spaces. There are eight eucalyptus trees proposed to be removed located on and adjacent to the southern property line and two street trees proposed to be removed (due to the location of the building and the foundation prep required), on the western side of the property. The applicant is proposing a replacement ratio of 2:1, double the Code requirement, so there will be a total of 27 trees (20 new & 7 existing). The applicant is asking the Planning Commission to establish appropriate parking requirements (as they are not specifically delineated in the Code for this type of a use). Not included in the staff report is a proposal to utilize the existing building while the new building is being built; the applicant is discussing additional parking with the church across the street to mitigate the loss of onsite parking, but there is no formal agreement at this time. The ARC recommended approval of the project including the proposed removal of eucalyptus trees with recommended changes to the landscape/parking; a condition was included in the Resolution that the revised landscape/parking plan is returned for review to the ARC prior to issuance of a building permit. In conclusion, Mr. Foster stated that staff recommends that the Planning Commission adopt a Resolution approving Conditional Use Permit 06-002, including the findings of approval for the project. The Commissioners asked questions to clarify some statements in the staff report. Commissioner Tait asked for clarification on the area behind the police modular and what this area would be used for in the future. Mr. Foster explained that parking is located there and a 3-foot fence to help screen it; plans for the future will change this area and parking may be where the modular is now located. Commissioner Parker asked if there would be a retention wall in the area that the Police Department had graded next to the veterinary property. Director Strong stated there would not be a retention wall in this area. Chair Fellows opened the public hearing to public comment. Eugene Sims, architect, stated he had brought a model, material board, and photograph of the proposed project for Commission review; introduced Dr. Pollock and LeeAnn Palm from VCA Animal Hospital, Wes Conner, arborist and Dr. Levine who were present to answer questions. Mr. Sims submitted a petition which had been signed by over 200 residents in the area supporting replacement of the eucalyptus trees on the south side of their property. Dr. Ken Levine, stated that he and his wife had planted the eucalyptus trees many years ago and it would not hurt their feelings a bit if they were taken out. Hugh Pope, 723 Bennett Avenue, closest residence to existing animal hospital, stated the animal clinic has been a very good neighbor. His only concerns were that conditions would be included to state (as conditioned in the prior conditional use permit). . No outside dog runs; . No boarding of animals; . No incineration of animal carcasses; and . No excessive noise (noise abatement). Gary Scherquist 228 Short Street, stated he believes the trees can be saved with the exception of one tree that has been severely cut. Regarding the soil report on the trees he believed a different type of foundation could solve the problem; Eucalyptus Nikoli can be used for street trees. Chair Fellows closed the public hearing to public comment. In reply to a question from Commissioner Tait, Steve Paulick, Medical Director, stated that the space upstairs would be used for recovery of cats, but they are not a boarding facility. In reply to the comment by Mr. Scherquist, regarding a different type of foundation for saving the trees, Wes Conner, arborist, stated that having a whole series of trees side by side would make it difficult for both aeration and nutrients to get to the remaining roots underneath the building; in addition, the roots that have already been cut on the south side of the relocated Police building severed some of the structural roots. With buildings on both sides of the roots the trees would not survive and may become safety a hazard. Regarding the comment from Mr. Scherquist on the Eucalyptus Nikoli, he agreed they can be used for street trees, but only if put in wheri small and given opportunity to survive plus they would have to be continuously pruned and maintained in order to survive. Street trees traditionally have a life span of about 25 years. In reply to a question from Commissioner Parker, Mr. Conner stated that even if there were 20 feet between the building (a one-story building) and the trees it would still restrict the opportunity for the trees to survive properly. Commissioner Parker asked if the building were a smaller footprint and the space inside rearranged could the upstairs space be used for hospital use. Dr. Pollock stated that that they had looked at this, but working in two stories for a veterinary hospital would not be practical. Commissioner Parker expressed concern that the recommended replacement trees, Holly Oaks, (which grow to 40 feet tall and 40 feet around) and would not survive in a two foot space close to a building. Mr. Sims stated that they would work with the City to get the trees right and would follow up on this. Although the public hearing was closed Chair Fellows allowed Mr. Scherquist's request to make further comment. He was not present at the last ARC meeting, but the ARC had suggested that the smaller area to the north be used for employee parking so there would be an entrance off Rena Street and off Halcyon Road for the public. This would allow one for one additional parking space in the driveway area and then would allow the building to be moved a width of one parking space also. Commission Comments: Tait: . He concurred with the ARC and would like to save the trees, but he was not sure this could happen with what has happened in the recent past; experts are stating that even moving the building 15-20 feet away from the trees would not help; the trees may be reaching senility and probably should be removed and replaced with something more appropriate (although he does not like to state this). . The parking has been worked as best as can be. . The interim parking using the Church lot whilst the building is under construction should be a condition. . The applicant has worked very well with the landscape to keep the entrance to the gateway of the City looking good and have done a good job with this. . This animal hospital is an important facility that does need expansion. . He is favorable towards this project. Commissioner Parker stated that this grove of eucalyptus trees is our visual gateway to Arroyo Grande; we are proposing to replace them with a parking lot and a two-story building and it does not make sense to her; she also has a problem imagining how 40-foot replacement trees planted behind the building, in a two-foot planting area, would survive; there is only room for bushes or ground cover. She believes the project could be redesigned to save the trees (the building moved up). She could not support the project the way it is. Fellows: . This project is over-developed for site and wrong for the community; it's zoned mixed-use, but it's immediately adjacent to a residential area. . It's in a tree City where you we are asking to take down the trees, a large esthetic contributor to our small town rural character and asking us to grace the gateway on Halcyon Road with a parking lot instead of a building and asking for a smaller parking lot than is not really adequate for the size of the building you are proposing. . You are asking to keep the building you are in while the new one is being built, but where the building is now is the best location for it. . . He could not support the project in any form that it is in now. Commissioner Fellows then read from the General Plan the sections that he felt related to the reasons he could not support the project: . Introduction, Page 7, Community Vision: This does also relate to trees and all but one of these trees could be saved. . Page Ag C/OS-11, C/OS1-1.4 - "locate structures to minimize visual impact" & C/OS1-1.5- he disagrees with the staff report- the tress are a wonderful mitigation for a two-story building. . Land Use Element: Page LUE-10, LU5-6: Mixed Use: the grove of eucalyptus trees are a positive part of our environment. . Growth Management, Page LUE-16, LU11-1, "Require new developments to be at appropriate density based upon compatibility with majority of existing surrounding land use": Even though a lot of people signed a petition we have no idea under what conditions they signed or what they were told so he could not give serious consideration to the signatures on the petition. . LU11-1.1: As proposed this project fails in a lot of different aspects. . LU11-1.2: Re adequate buffering - the trees serve this function. . LU11-2: This project as proposed is not designed to create pleasing transitions to surrounding development. . LU11-2.1: As proposed this would not be a good fit. . LU11-2.2: This building would be taller than the Police station and the residences next to it. . LU11-2.3: Setbacks do not relate to scale of structure and width of street. . LU11-2.4 & 2.5: There would be no trees to screen from the residential neighborhood. He further stated that he does not agree with the staff report that the environmental determination can be made for this proposed project; that the existing trees are not appropriate for this project; that replacement of the existing trees would improve the urban forest. However, removal of the trees would impact the sites scenic beauty; there are no parking agreements with the neighbors yet; he cannot make the finding that: the proposed project will not create any adverse environmental impacts. Commissioner Tait stated he had asked Mr. Sims about the distance between the chain link fence and the sidewalk as he had the same concern as Commissioner Parker regarding the two foot planter area in the back and how trees that would grow to 40 feet would survive. Mr. Sims stated that the dimensions stated on the site plans were correct. The Commission had a discussion on whether they could make a motion that would include saving the trees. Commissioner Parker stated that any motion to save the trees would include altering the design plan and that is something they could not dictate. Commissioner Parker made a motion, seconded by Chair Fellows, to deny, without prejudice, the Resolution approving Conditional Use Permit 06-002, and that Findings Nos. 1., 2. & 3. could not be made as explained by Chair Fellows during his discussion on the General Plan. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Commissioner Parker and Chair Fellows Commissioner Tait Commissioners Brown and Ray Director Strong reminded the public that this action is final unless appealed and filed within 10 working days, with the City Clerk. FRa" : CDD&EDD FAX NO. :805 473 5489 Apr. lr ATTACHMENT 3 ...111\. APPEAL TO THE CITY COUNCIL OF T~~~D 26 PH 2 0.1 CITY OF ARROYO GRANDE . I n Date~ .". . ~ Name and Address of Appellant V C. 'A:: 5ou'\t.. (\'l-\'~ -tt, V\n h'YlJ) .tt;Sf l \zJ.. di-O t.l. ~\tJ.Q\.I(;Vl Mao'lU\Q,(Ul/1\c<LG.\ G.-A- q3L{~ Appeal of (' Or\c\ \ noY\ccC Lh< ~a..I-Y\ rr- 010 - 0 0 d-.. Case No. APproved/DeniedbylJCUY\fuV\60olY\M\S-S\ffion 411 <6 JOln ' Date Reason for Appeal Sf. E Q.. -r--\-zv~.J...Q. & Signature ~ ~y({.[ Mailing Address 5 ~?:,o 5po...-h n ~ LL1. ~ 0(.;(0 CA- Cj 0 -1-1 '3 j Telephone Sk2.- -=rl ~-C1--0 ~ '" Fee - $224.00 Receipt No. 001- 00 d.-7'i3? 0 Date t/ ' :J. U -0 (g ~M- dmi istrative Services/City Clerk APPEAL TO THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE Conditional Use Permit 06-002 Applicant - VCA South County Animal Hospital 1. City Staff recommendations and Architectural Review Committee (ARC) decisions were in support of the current application, including support on the removal of the trees. At the Planning Commission Hearing, only 3 of the 5 Commissioners were present. If all 5 had been present, the outcome may have been different. 2. The odd shape and size of the lot poses serious hardship on the VCA . Animal Hospital to develop the current site. They are in need of a new facility to replace the current cramped and outdated facility. Removal of the existing trees and replacement with new trees is critical to allowing a reasonable development potential. 3. The proposed project accounts for a 2: 1 increase in the number of trees on-site. The trees planned to replace the existing trees in question will be of substantial size in at least 10 years, and the selection of such trees are being coordinated by the Landscape Architect, a local arborist, and through additional comments from the City. Providing new trees will allow for more control (root barriers, size selection, etc.) that would otherwise damage existing trees, and will last much longer than the existing maturing trees. 4. The neighborhood community and businesses have been very supportive of the project. The project has not received any resistance from the neighbors of the project area, and many have signed a petition in support of the proposed project. '\" 5. The preservation of the existing Eucalyptus trees would create a nuisance for the owners of the property, neighbors, and City due to their brittle nature and damaged roots. Their preservation will be detrimental to the life, safety, and welfare of property owners and residents, as alluded to by an independent arborist's report. 6. The project should be based on its entirety. The application was rejected exclusively based on the issue of preserving these trees. Instead, the project review should be based on the quality, character, value, fairness, life, safety, and welfare of the entire project. The project has met all City requirements and standards, and continues to provide concessions based on City comments. ATTACHMENT 4 C. CONDITIONAL USE PERMIT CASE NO. 06-002; APPLICANT - South County Veterinary Clinic; REPRESENTATIVE - LeAnn Palm; LOCATION - 270 N. Halcyon. Community Development Director Rob Strong presented the staff report for the proposed Vet Clinic (adjacent to the previously proposed P.O. expansion). Eugene Sim, principal architect, brought a 3-D scale model and a color and materials board. They tried to match the scale to the surrounding area. This is a very difficult site. Animal hospitals can't have odd curves or angles in the building, and they're really tight on space on this lot. Wes Connor, landscape architect, stated his original report still stands. He was pleased to see the pruning recently done, but a trench was cut on the south side of the trees exposing the roots, which makes the trees more dangerous than before. The original vet clinic owners planted them as a screen, maintaining them from their side only, so roots are probably stronger on one side. That increases the necessity of tree removal for safety reasons. ARC had the following comments and questions: . How old are the trees? They were planted around the 1960's. They're taller than expected, possibly due to soil type and maintenance. He would recommend planting them under different conditions - not as a street tree and not in sandy soil, as they grow vel}' fast and large. . Can they slide the building to the north? No, because they would lose parking. They could perhaps lose an exam room, but not the operations. . Do you plan to keep the existing building while transitioning? Yes. . Describe the requested parking lot exception. Planning Commission will consider the request as part of the use permit to allow a reduced parking formula. . Can the site plan be flipped? No, it doesn't leave enough depth for backing out. It also would create a large building face for residents to look at. Hoag . He understands the site planning constraints, and appreciated the plaza entrance and retaining some Eucalyptus. . Did you consider berming or a low landscaped wall in addition to trees and shrubs? Those are possibilities. o Mr. Strong noted that although they could effectively berm the northern side, any berm on Halcyon would be ruined with street widening. . Several of the six Eucalyptus trees to be kept per the report seem misnamed. . Try to save the Eucalyptus on Rena Street in the southeast corner of the property, even if it means modifying the building. Mr. Connor replied that tree has surface roots that run to the sidewalk and its roots have been cut. Peachey . As a designer, he recognized the hardships in trying to achieve their goals. It makes sense to maintain the existing building while building the new one. The right of way line is a challenge. There's already a circulation problem by shoving parking to the corner. He would like to read the Traffic Report. . He likes how the architecture relates to the massing of the neighborhood. . The shingled roof doesn't match some of the materials they're using. . The corner should have more landscaping, since it is a gateway. . One parking lot could be for staff and the other for clients. · He suggested requesting an agreement from the church for employee parking. · He could support replacing trees. Now they're damaged, it's unfortunate to lose some, but a tradeoff could be better parking management and corner design. . He liked the architecture and colors, but mechanical units should be screened. Barneich . The building entrance is nice to look at. The building is modern and nicely done. . She doesn't want to look at the parking lot when entering. . Is it true that the mass of the tree above ground is about the same as the mass of the roots below? That's not necessarily true for all species. . She liked the architecture and colors. The green color on the actual paint chip is better than the graphic. . She has a problem with the staff report's statement "Replacement of existing trees will improve the City's urban forest." There's still some lifespan left in them. Also, it said that replacement with appropriate trees would buffer the site visually, but these are fine and do that already. . At the pre-application review, they discussed more of a fountain or plaza feature, and not just landscaping. o Chair Hoag noted there are benches shown on plans. . She would like to see more building and less parking. . There are a couple trees on the landscape plan that don't do well here. o It's not hot enough here for Crepe Myrtles. o Eastern Redbuds don't do well here. o They should change them to Liquidambars or others trees from the plans. . She can't support removing the Eucalyptus. Hoag . He liked the modern architecture, and that it doesn't clash with the church or telephone building. . There have been historic problems with the site and trees. He'd like to find a way to responsibly keep the trees, but isn't sure that can occur with what's happened. He's resigned to plant new trees that in ten years will make a difference. . Applicants should look closer at parking and greenspace, then return with a parking management plan and better parking lot screening. . He liked the idea of separating the two parking lots by function, and that they wouldn't go through between Rena and Halcyon (unless the Fire Department needs access). . Two trees should be maintained - the big one next to the sidewalk and the one that will require trimming by the utilities. Michael Peachey moved and Warren Hoag seconded recommendation of approval to the Planning Commission for CUP 06-002 with the following changes: . Return to ARC with a parking management plan and a revised landscaping plan that establishes a gateway concept and screens the landscaping and separates the two parking lots. · The landscaping plan should also address changing the Crepe Myrtle and the Eastern Redwood for more appropriate trees to the local microclimate. · Architecture, colors and site planning is approved for the building. This means the trees proposed for removal are approved, and those shown to be retained shall be retained. Motion approved: 2/1 voice vote, Kristen Barneich dissenting. ATTACHMENT 5 To: City Council Members-Arroyo Grande l_.:'\'; : 'r., :', ';\ ",,' .1 " . \f' RE: South County Animal Hospital- Appeal for a Building PerlDhJ~;,' -- v \ \' \.." ..IV May 26, 2006 To Whom It May Concern: This letter is written with the expressed hope that members of the council will reconsider your decision and give permission to the South County Animal Hospital to build a new hospital. It is abhorrent to me as a resident of this community to see representatives of the community "dismiss" signatures collected by those who care about their pets and pet care, as irrelevant and pushed aside by only 3 of 5 council members present the evening this issue was discussed and voted down. Further, it is my understanding that testimony from several arborists indicates that the eucalyptus trees in the front of the hospital should be removed. I know first hand what a mess these trees can create as they root underground and foliage falling with eucalyptus oils can do to property. One only needs to look at the area in question to know there is damage already from the trees; in fact it is an eye sore, particularly when compared to other areas in Arroyo Grande. These trees can be replaced with others that are less obstructive and even more pleasing to the eye. What is the problem the council has with this? Seems to me a tree for a tree is not a bad deal. Being a "tree city" does not mean that the community has to give up valuable and critical , services in order to preserve trees that are in the way and have no value to a piece of property, and can be replaced immediately with others. The South County Animal Hospital has one of the county's best veterinarians (Dr. Steven Paulick) and staff. It would be an unforgivable act to force these professionals to move out of our area over a stupid tree issue. As representatives of this community, I urge you to seriously rethink your decision and have 5 of 5 members present to discuss and "vote". A tree for a tree seems more than a fair offer to me. Our city and our pets deserve your yes vote. ~-i-IJi~/ d. ~cJ~(~; ;orothy A. s:~r J 451 Noel Street Arroyo Grande, CA 474-0232 t: C0t Cov-J/ c:;) /vl~eY C~ A~~ ~~(){'v€~' ~~- G/" Ia, : ,1-' To: City Council Members-Arroyo Grande ; ),' " , !' ;. RE: South County Animal Hospital- Appeal for a Building N~if: .- u ;., .... oJ.J May 26, 2006 To Whom It May Concern: This letter is written with the expressed hope that members of the council will reconsider your decision and give permission to the South County Animal Hospital to build a new 1_. __:._1 . .-.......-. It is my understanding that testimony from several arborists indicates that the eucalyptus trees in the front of the hospital should be removed. Individuals who frequent the hospital only need to look at the area in question to know there is damage already from the trees; in fact it is an eye sore, particularly when compared to other areas in Arroyo Grande. These trees can be replaced with others that are less obstructive and even more pleasing to the eye. What is the problem the council has with this? I believe that the offer from the hospital of a tree for a tree is a fair and appropriate deal. I do not feel that the community has to give up valuable and critical services in order to preserve trees that are in the way, have no value to a piece of property and can be replaced with other trees. The offer of a tree for a tree does nothing to Arroyo Grande's "tree city" reputation. It just might enhance the beauty. The South County Animal Hospital has one of the county's best veterinarians (Dr. Steven Paulick) and staff. It would be an unforgivable act to force these professionals to move out of our area over a stupid tree or two. As representatives of this community, I urge you to seriously rethink your decision and have 5 of 5 members present to discuss and ''vote''. Our city and our pets deserve your voting yes on this issue and allow the hospital to expand and replace trees. ~t~~ Lee C. Schlitz 451 Noel Street Arroyo Grande, CA 473-2484 c: &~ em...n(;~\ C{.~ MIiv.-..Mp" CAh. ~nc.^1...f ~ t--':'l-r-" .c;-V~l . ~ A^^ \fi.-V. / ( ell'" r" ~1+-t,1 CAuL- I,; (" /Ot ATTACHMENT 6 RESOLUTION NO. 06-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING CONDITIONAL USE PERMIT CASE NO. 06-002; LOCATED AT 270 NORTH HALCYON ROAD; APPLIED FOR BY THE SOUTH COUNTY VETERINARY CLINIC WHEREAS, the applicant has filed Conditional Use Permit 06-002 to redevelop an existing animal hospital located at 270 North Halcyon Road; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 06-002 at a public hearing on April 18, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following required findings for approval cannot be made in an affirmative manner: ConditionalLJse Permit Findings' 1. The proposed use is permitted ;within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city. Although veterinary clinics are a permitted use in the Highway Mixed-Use (HMU) zoning district and the proposed project complies with aI/ applicable provisions of the Development Code, due to the proposed removal and replacement of eucalyptus trees necessary to develop the proposed project, it does not comply with the fol/owing General Plan policies: . C/OS 1-1.4 - Locate structures...on portions of a site so as to minimize visual impact (Conservation Element). . LU 11-2.4 - Require that new developments be designed so as to respect the views from existing developments; provide view corridors which are oriented toward existing or proposed community amenities, such as park, open space, or natural features (Land Use Element). . LU 11-2.5 - Design development projects within the City of Arroyo Grande to provide screening as necessary to shield neighboring properties from the adverse effects of that development (Land Use Element). 3. The site is suitable for the type and intensity of use or development that is proposed. RESOLUTION NO. CUP 06-002 PAGE 2 Although the site is flat and the proposed development meets all applicable Development Code requirements, it does not relate to the prevailing existing, or planned scale of adjacent development (LV 11-2.2). Additionally, the proposed setbacks do not provide an adequate buffer between dissimilar uses (LV 11- 1.2) nor do the proposed setbacks from streets and adjacent properties relate to the scale of the structure and the width of the street (LV 11-2.3). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby denies Conditional Use Permit 06-002, based on the inability of the Commission to make the above required findings. On motion by Commissioner Parker, seconded by Commissioner Chair Fellows, and by the following roll call vote, to wit: AYES: NOES: ABSTAIN: Commissioners Parker and Chair Fellows Commissioner Tait Commissioners Brown and Ray the foregoing Resolution was adopted this 6th day of June, 2006. ATTEST: /s/ Lyn Reardon-Smith, Secretary to the Commission /s/ Chuck Fellows, Chair AS TO CONTENT: /s/ Rob Strong, Community Development Director 11.a. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR BY: BRIAN SOLAND, PLANNING INTERN SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT NO. 06-009 TO AUTHORIZE THE USE OF CITY PROPERTY, CLOSE CITY STREETS, AND WAIVE A PORTION OF PUBLIC WORKS AND POLICE SERVICE FEES FOR THE ANNUAL ARROYO VALLEY PEOPLE'S CHOICE CRUISE NIGHT ON JULY 28, 2006 AND CAR SHO ON JULY 29, 2006 DATE: June 13,2006 RECOMMENDATION: It is recommended the City Council consider the request from the Arroyo Valley Car Club and adopt a Resolution authorizing the use of City property, closure of City streets, and waiver of a portion of public works and police service fees for the Annual Arroyo Valley People's Choice Car Cruise and Car Sho on July 28th and 29th. FUNDING: The applicant shall deposit $3,000 to partially reimburse estimated Public Works and. Police Department expenses associated with traffic control for the Car Cruise portion of the event. The City has traditionally waived costs associated with the Car Sho since it is a community event and proceeds support community activities. DISCUSSION: Background On April 7, 2006, the Arroyo Valley Car Club submitted an application for a Temporary Use Permit for the annual Arroyo Valley People's Choice Car Sho scheduled on Saturday, July 29, 2006. This year the applicant is requesting to hold annual cruise night on East Grand Avenue between Courtland Street and Alder Street. The City has approved Temporary Use Permits for the Arroyo Valley People's Choice Car Sho in previous years, but this is the first year the Car Club is requesting the closure of East Grand Avenue for the cruise night. While staff supports the concept of the proposed additional event, we want to obtain feedback from impacted businesses prior to a final decision being made. The following areas are proposed to be used for the event: CITY COUNCIL ARROYO VALLEY PEOPLE'S CHOICE CAR SHO JUNE 13, 2006 PAGE 2 1. Car Cruise - July 28th: Closure of E. Grand between Courtland Street and Alder Street between 7:00 P.M. and 9:00 P.M. 2. Car Sho - July 29th: Olohan Alley; Bridge Street between East Branch Street and Traffic Way; Nelson Street between Bridge and Mason Streets; Short Street between E. Branch and Nelson Streets; City Hall parking lot; and the lawns on Nelson Street between Short and Mason Streets from 6:00 A.M. to 5:00 P.M. 3. Car Sho Registration - July 29th: Closure of Mason Street between E. Branch and Nelson Streets from 6:30 A.M. to 10:30 A.M. On May 3, 2006, the Staff Advisory Committee (SAC) discussed the requirements for the event. These items are addressed in the conditions of approval for the Temporary Use Permit (Exhibit "A"). A Temporary Use Permit authorizing street closures may only be issued upon the approval of the City Council. In addition to the request to close City streets and use City property, the applicant has requested the City waive a portion of public works and police service fees. Cruise Night The Cruise Night proposes to close East Grand Avenue between Courtland Street and Alder Street. At this event, cars participating in the next day's Car Sho "cruise" up and down the closed portion of East Grand Avenue in a loop pattern. Based on meetings with Arroyo Valley Car Club, it was determined that through east- west traffic should be provided a detour to enable the closure of East Grand Avenue between Courtland Street to Alder Street. The recommended route would include: South Courtland Street to Ash Street/Mentone Avenue (Grover Beach); Ash Street west to Oak Park Boulevard (Grover Beach); Oak Park Boulevard to Farroll Road; Farroll Road to Alder Street; and Alder Street to East Grand Avenue. Advance warnings of "Road Closure Ahead" would be placed on East Grand Avenue at Halcyon Road and Oak Park Boulevard. Signs would also be placed at Juniper Street, Elm Street, Brisco Road, and Fair View Drive approaching East Grand Avenue. The City mailed courtesy letters to all property owners along the proposed closure segment frontage of East Grand Avenue. Furthermore, the Car Club distributed both a letter they prepared and one the City prepared to all business tenants on this frontage. It was noted that the Car Sho and Cruise Event Temporary Use Permit and street closures would be considered by the City Council at their June 13,2006 meeting under New Business. The City staff believes that the annual Car Sho has been a successful event in the Village area for many years and that an extension to involve East Grand Avenue by the proposal of a Cruise Night could be an opportunity to enhance the event for both residents and visitors. The primary positive impact of business promotion opportunity and entertainment for residents and visitors could be offset by the following negative CITY COUNCIL ARROYO V ALLEY PEOPLE'S CHOICE CAR SHO JUNE 13, 2006 PAGE 3 impacts: traffic diversion through residential areas; inconvenience and delay to east- west through traffic between Arroyo Grande and Grover Beach; and difficultly of access to businesses or residences on the closed segment of East Grand Avenue during the two hour period. Car Club representatives will allow delivery trucks and others who have a need for local access and any residual exiting to pass through the road closure where Cruise Night vehicles will be circulated in a loop pattern. The purpose of the Council New Business discussion is to enable public and affected businesses and property owners to give input prior to Council action of the street closure. If there is not significant opposition, staff recommends approving the event on a trial basis this year and re-evaluating it in the future, based on this year's experience. The applicant has agreed to pay up to a maximum of $3,000 towards public works and police service costs for the cruise night event. CarSho Due to the size and location of the event, the Police Department traditionally utilizes a foot-beat team comprised of two (2) police officers for security purposes. Since East Branch Street is not blocked off, police officers for intersection control are not necessary. While the event does not usually produce a large number of incidents, the police units are beneficial in handling potentially unruly situations and in keeping illegal alcohol consumption to a minimum. The City displays the DARE unit and other emergency vehicles during the event. Costs associated with the Car Sho have been waived in the past, but the additional expenses associated with the closure of East Grand Avenue for the requested cruise night are proposed to be reimbursed. This has been done on the basis that the Arroyo Valley Car Club is a community based non-profit organization, which places the majority of the funds it raises through the Car Sho back into the community through donations to other non-profit organizations. Many of these donations go to youth-oriented groups. ALTERNATIVES: The following alternatives are presented for Council consideration: - Adopt the attached Resolution; - Modify and adopt the attached Resolution; Do not adopt the attached Resolution; Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 06- 009; AUTHORIZING THE CLOSURE OF CITY STREETS, THE USE OF CITY PROPERTY, AND A PARTIAL WAIVER OF PUBLIC WORKS AND POLICE SERVICE FEES FOR THE ARROYO VALLEY PEOPLE'S CHOICE CAR SHO AND CRUISE EVENT TO BE HELD FRIDAY, JULY 28 AND SATURDAY, JULY 29,2006 WHEREAS, organizers of the Arroyo Valley People's Choice Car Sho have requested closure of certain City streets and the use of City property as outlined below, for its annual car show and cruise event to be held on July 28th and 29th, 2006; and WHEREAS, organizers of the Arroyo Valley People's Choice Car Sho have requested that the City partially waive public works and police service fees; and WHEREAS, members of the Arroyo Valley Car Club will be responsible for traffic control and cleanup; and WHEREAS, the "cruise" event and car show are expected to benefit both the East Grand Avenue business corridor and Historic Village commercial area and provide both resident and visitor entertainment and attraction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 06-009 as set forth below, subject to the conditions as set forth in Exhibit "An, attached hereto and incorporated herein by this reference: 1. That East Grand Avenue between Courtland Street and Alder Street shall be closed from 7:00 P.M. to 9:00 P.M. on Friday, July 28, 2006 with through east-west traffic detoured to Alder Street, Farroll Road, Oak Park Boulevard, Ash Avenue and Courtland Street for the purpose of conducting a "cruise night" loop on East Grand Avenue. 2. That Olohan Alley; Bridge Street between E. Branch Street and Traffic Way; Nelson Street between Bridge and Mason Streets; Short Street between E. Branch and Nelson Streets; City Hall parking lot; and the lawns on Nelson Street between Short and Mason Streets shall be closed from 6:00 A.M. to 5:00 P.M. on Saturday, July 29, 2006 for the purpose of holding the car show. RESOLUTION NO. PAGE 2 3. That Mason Street between E. Branch and Nelson Streets shall be closed from 6:30 A.M. to 10:30 A.M. on Saturday, July 29, 2006 for the purpose of holding the car show registration; and 4. That the Arroyo Valley Car Club will adhere to certain requirements and conditions set forth by the Community Development, Public Works, Police, and Building and Fire Departments regarding security and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City as set forth in Exhibit "A"; and 5. That auxiliary public works and police service fees for the Arroyo Valley People's Choice Car Sho and Cruse Night to be held on Friday, July 28 and Saturday, July 29, 2006 be partially waived with the Arroyo Valley Car Club reimbursement costs to the City not to exceed $3,000. On motion of Council Member on the following roll call vote, to wit: , seconded by Council Member , and AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 13th day of June, 2006. RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, 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 ARROYO VALLEY PEOPLE'S CHOICE CAR SHO & CRUISE NIGHT TEMPORARY USE PERMIT 06-009 FRIDAY AND SATURDAY, JULY 28 AND 29, 2006 General Conditions 1. The applicant shall ascertain and comply with all Federal, State. County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attomey's fees 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. Community Development Department Conditions 4. Notify affected merchants and property owners on the affected street closure segments prior to the events and informing the Arroyo Grande Village Association and the Chamber of Commerce of the car show and cruise night activities. Parks and Recreation Department Conditions 5. The event organizers shall flag all sprinkler heads on turf and lawn areas to prevent damage. Applicant will be responsible for cost of broken sprinklers and labor associated with damage caused due to cars on turf area. 6. The event organizers shall coordinate the placement of waste containers by Friday, July 28, 2006, with the Parks Division and the Director of Parks, Recreation, and Facilities. 7. The event organizers shall submit a recycling plan, supervise all areas, and pick up litter, waste, and debris, and shall empty all City waste containers in dumpsters provided by the Car Club. RESOLUTION NO. PAGE 5 8. One week prior to the car show, event organizers shall inform the Parks and Recreation Department on number of trashcans that will be needed for the event. Police Department Conditions 9. The applicant shall deposit $3,000 prior to the events to partially reimburse estimated City Public Works and Police Department expenses for traffic control and related services associated with both the cruise night and car show events. Public Works Department Conditions' 10. The event organizers shall be responsible for providing, setting up, and removing barricades for closures of City streets, alleys, parking lots, driveways and City facilities mentioned in the application. 11. Event organizers shall place all barricades and signs posting on-street parking restrictions and parking lot closures a minimum of 48 hours prior to the event. 12. Street closures shall be noticed in the "Times-Press Recorder" at least once during the week prior to July 28 and 29, 2006. 13. Event organizers shall coordinate with the Police, Public Works, and Fire Departments with regard to the closures of streets, alleys, parking lots, and the use of City property. 14. Event organizers shall clean all City streets and parking areas utilized at the conclusion of the event. Building and Fire Department Conditions 15. Event organizers must comply with the Building and Fire Department guidelines. 16. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 17. The use of generators must be reviewed and approved by the Director of Building and Fire. 18. All fire lanes must be posted and enforced per Police and Fire Department guidelines. 19. All food booths must comply with the San Luis Obispo County and City Building and Fire Department guidelines. 20. The Building and Fire Department must inspect all food booths and generators prior to event opening. RESOLUTION NO. PAGE 6 21. Event organizers shall provide one handicapped accessible restroom. ADDITIONAL CONDITIONS 22. The event organizers shall provide a $1,000,000.00 insurance policy naming the City as additional insured.