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Agenda Packet 1999-06-08 CITY COUNCIL ~ a ~~xan~e AGENDA - Michael A. Lady Mayor Robert L. Hunt City Manager Tony M. Ferrara Mayor Pro Tem TimothyJ.Carmel City Attorney Thomas A. Runels Council Member Kelly Wetmore Director, Administrative Services Steve Tolley Council Member Jim Dickens Council Member AGENDA SUMMARY CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TUESDAY, JUNE 8, 1999 7:30 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:30 P.M. 2. ROLL CALL: COUNCIL/AGENCY 3. FLAG SALUTE: ARROYO GRANDE POLICE DEPARTMENT EXPLORER POST NO. 542 4. INVOCATION: PASTOR PAUL BAUTTS BETHEL BAPTIST CHURCH 5. SPECIAL PRESENTATIONS: a. Proclamation - Special Olympics Law Enforcement Torch Run Day b. Donation from the Shetler Family to the City of Arroyo Grande for Rancho Grande Park 6. AGENDA REVIEW: 6A. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - JUNE 8, 1999 PAGE 2 7. PUBLIC HEARINGS: a. James Way Annexation (Village Glen. Tract 2265) (ENGEN) (Action Required: Adopt Resolutions and Introduce Ordinance for First Reading) 8. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS• Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication but, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: ? You may be directed to staff for assistance; ? A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; ? The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or ? No action is required or taken. 9. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted in parentheses. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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. a. Cash Disbursement Ratification (SNODGRASS) (Action Required: Approval) b. ~tatement of Investment Deposits (SNODGRASS) (Action Required: Approval) c. Minutes of City Council Meeting of March 9 1999• Special Meeting of March 11 1999• Special Joint City Councils' Meeting of May 13 1999• and City Council Meetin oq f May 25 1999 (WETMORE) (Action Required: Approval) AGENDA SUMMARY - JUNE 8, 1999 PAGE 3 9. GONSENT AGENDA: (continued) d. Award of Bid - Implement ADA Compliance of City Council ~hambers (FIBICH) (Action Required: Approve Staff Recommendation) e. Confirmation of LandscaQe and Lighting Assessments (SNODGRASS) (Action Required: Adopt Resolutions) f. Policy Language for Use of Parks and Recreation Facilities (HERNANDEZ) (Action Required: Approval) g. Fee Waiver Re~uest - Arroyo Grande Lions Club (HERNANDEZ) (Action Required: Approval) h. Revisions to Lease Aqreements for City-owned Pro e~rty at 126 South Mason and Parcel for Santa Manuela Schoolhouse (HERNANDEZ) (Action Required: Approve Staff Recommendation) i. Authorization to Solicit Bids for Contract Services for the Maintenance of Police Department Vehicles for FY 1999-00 (TERBORCH) (Action Required: Approval) 10. CONTINUED BUSINESS: a. A~proval of RedeveloAment Plan Imalementation Strateay (HUNT) [AGENCY] (Action Required: Approval) b. Apqointments to Economic Develoqment Task Force (HUNT) (Action Required: Approval) 11. NEW BUSINESS: a. Dixson Ranch A~plication for a State Agricultural Land Stewardshi~ Program (ALSP) Grant (ENGEN) (Action Required: Adopt Resolution) b. Y2K Status Re o~rt (SNODGRASS) (Action Required: Provide Direction to Staffl AGENDA SUMMARY - JUNE 8, 1999 PAGE 4 11. NEW BUSINESS: (continued) c. Status Report - Lopez Dam and Reservoir Finance Committee SNODGRASS) (Action Required: Provide Direction to Staft) d. ~conomic Vitality Cor~oration's Proposed Collaborative Agreement [CITY/AGENCY] (HUNT) (Action Required: Approval) 12. COUNCIUAGENCY COMMUNICATIONS: Correspondence/Comments as presented by the City Council/Agency Board 13. STAFF COMMUNICATIONS: Correspondence/Information for the City Council/Agency Board presented by the City Manager/Executive Director 14. ADJOURNMENT: THURSDAY, JUNE 10, 1999, 6:30 P.M. COUNCIL CHAMBERS _ _ _ _ AGENDA SUMMARY - JUNE 8, 1999 PAG E 5 * * * * * * * Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you have questions regarding any agenda item, please contact the Director of Administrative Services at (805) 473-5414. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arroyogrande.org CITY OF ARROYO GRANDE - ABBREVIATIONS revised 05/27/99 A Agricultural Preserve AB Assembly Bill JPA Joint Powers Authority ADA Americans with Disabilities Act LAFCO Local Agency Formation Commission AG General Agriculture LOCC League of California Cities AGMC Arroyo Grande Municipal Code LLA Lot Line Adjustment AGPOA Arroyo Grande Police Officers' Association LUE Land Use Element APN Assessor's Parcel Number MER Lot Merger APCB Air Pollution Contro~ Board MF Condominium/Townhouse APCD Air Pollution Control District MFA Apartments ARC Architectural Review Committee MHP Mobile Home Parks ASCE American Society Civil Engineers O Office Professional ASD Administrative Services Department OCSD Oceano Community Services District AWWA American Water Works Association OSCE Open Space and Conservation Element BD Building Division PC Planning Commission CA City Attorney PD Police Department CC City Council PF Public/Quasi Public CCC California Conservation Corps PPR Plot Plan Review CCCSIF Central Coast Cities Self-Insurance Fund PRD Parks & Recreation Department CD Community Development PRE-APP Pre-application CDBG Community Development Block Grant PSHHC Peoples' Self-Help Housing Corp. CE Circulation Element PSP Planned Sign Program CEC California Energy Commission PUD Planned Unit Development CEQA California Environmental Quality Act PW Public Works Department CIP Capital Improvement Program RE Residential Estate CIWMP California lntegrated Waste Management Plan RFP Request for Proposals CM City Manager's Office RFQ Request for Qualifications CMC California Men's Colony RH Hiliside Residential CMP Congestion Management Plan RHNP Regional Housing Needs Plan COC Certificate of Compliance RR Rural Residential CPI Consumer Price Index RS Suburban Residential CUP Conditional Use Permit RTA Reversion to Acreage DARE Drug Abuse Resistance Education RWQCB Regional Water Quality Control Board DC Development Code SAC Staff Advisory Committee CEA Drug Enforcement Administration SB Senate Bill E.C. Election Code SCAT South County Area Transit EDU Equivalent Dwelling Unit SEIU Service Employees International Union EIR Environmental Impact Report SF Single Family EIS Environmental Impact Statement SLO San Luis Obispo EVC Economic Vitality Corporation SLOCOG San Luis Obispo Council of Governments FAU Federal Aid Urban SLOHA San Luis Obispo Housing Authority FD Fire Division SLONTF San Luis Obispo Narcotics Task Force FDAA Federal Disaster Assistance Administration SLORTA San Luis Obispo Regional Transit Authority FEMA Federal Emergency Management Agency SLOWRAC San Luis Obispo County Water Resources Advisory FID Financial Services Department Committee FPPC Fair Political Practices Commission SR Senior Housing FTA Federal Transit Administration SSLOCOWA South San Luis Obispo County Water Association FY Fiscal Year SSLOCSD South San Luis Obispo Counry Sanitation District G.C. Government Code SRRE Source Reduction & Recycling Element GC General Commercial SWRCD State Water Resources Control Board GF General Fund TPM Tentative Parcel Map GP General Plan TT Tentative Tract Map GPA General Plan Amendment TTAC Transportation Technical Advisory Committee HCD California Department of Housing and Community TUP Temporary Use Permit Development UBC Uniform Building Code HOP Home Occupancy Permit UFC Uniform Fire Code HUD Housing and Urban Development Dept. USA Underground Service Alert I Industrial and Business Park VAR Variance ISTEA Intermodal Surface Transportation VC Village Commercial VSR View Shed Review ZONE 3 San Luis Obispo County Flood Control and Water Conservation District - Zone 3(Lopez Project) 5.a. i Honora ~ ~ i Proclamation DECLARING JUNE 7 Ss 8, 1999 AS "SPECIAL OLYMPICS - I ( LAW ENFORCEMENT TORCH RUN DAY" WHEREAS, each year law enforcement officers join together to run the Special Olympics torch throughout San Luis Obispo County; and WHEREAS, hundreds of thousands of law enforcement of~icers give their time to protect our communities every day; and WHEREAS, hundreds of thousands of athletes participate in Special Olympics activities annually; and ~ I WHEREAS, the efforts of countless volunteers make Special Olympics possible; and ~ WHEREAS, this year is the 30~' Anniversary of Special Olympics of San Luis Obispo ~ County; and WHER~AS, on June 7& 8, 1999, law enforcement officers will carry the Special Olympics torch throughout San Luis Obispo County and send it on its way down to I California State University at Long Beach to open the Special Olympics of Southern California Summer Games; and ~ aTHEREAS, at this year's meet, many of our area's finest young people and adults will be competing in a variety of sports, enjoying the joy of athletic competition, and learning the importance of "doing one's best" in a spirit of sportsmanship. NOW, THEREFORE, BE IT R.ESOLVED, that I, Michael A. Lady, Mayor of the City of Arroyo Graade, on behalf of the City Council, do hereby proclai.m June 7& 8, 1999 as "3PECIAL OLYMPIC3 LAW ENFORCEMENT TORCH RUN DAY" in the City of Arroyo Grande and acknowledging the hard work of the event organizers and congratulating the athletes and officers on their accomplishments. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo I Grande to be affixed this 8`~ day of June 1999. ~ ~ ~ ~ MICHAEL A. LADY, MAYOR i 7.a. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING AND ENVIRONMENTAL DETERMINATION NOTICE IS HEREBY GIVEN that a Public Hearing wiil be held by the City Council of the City of Arroyo Grande on the following project: CASE N0. James Way Annexation (Village Glen) General Plan Amendment 97-004 Development Code Amendment 97-009 Certification of Environmental Impact Report APPLICANT: Village Glen Homes LLC (Originally Gary L. Young & Associates) LOCATION: North and east of James Way, adjacent to the northern City limit in unincorporated County lands. ENVIRONMENTAL DETERMINATION: Environmental Impact Report per CEQA Guidelines REPRESENTATIVE: Engineering Development Associates PROJECT DESCRIPTION: The Project involves the proposed annexation of an 86 acre area, designating this area as Rural Residential in the General Plan, and Pre-Zoning the area as Rural Residential (RR). The Applicant is proposing the future subdivision of 64 acres of the area into 59 residential lots ranging in size from 14,214 square feet to 53,702 square feet, and one lot of 33.5 acres with an existing residence. Five additional parcels totaling approximately 22 acres, are also included in the annexation area, but are not part of the proposed Tentative Tract 2265. The project is in the unincorporated County area located north and east of James Way adjacent to the northern City limits, In compliance with the California Environmental Quality Act, the Planning Commission has recommended certification of the Environmental Impact Report on the above project. Any person affected or concerned by this application may submit written comments to the Administrative Services Department before the City Council hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing. Any person interested in the proposals can contact the Administrative Services Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 A.M. to 5:00 P.M.). IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE PLANNING COMMISSION AT, OR PRIOR TO, THE PUBLIC HEARING. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INVALIDATE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. Date and Time of Hearing: Tuesday, June 8, 1999 at 7:30 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 Kelly e mor , Administrative Services Director/ Deputy City Clerk . - ~~.~d- c~ l8 I~ q ~ Dear Mayor Lady: The purpose of this letter is to express our concerns regarding the James Way Annexation . We are concerned with a number of issues regarding this project. The traffic element of the EIR does not justify the increased traffic level due to development. Short Term impacts can not be justified by Long Range interchange options being evaluated by the city in that , there is not a definitive time line for these future projects to occur. Therefore it would be incorrect to assume that these impacts would indeed be short term in nature. In addition the significant traffic impacts identified by the EIR are in contradiction to 8.0 of the land use element of the general plan Which reads in part "Limit the intensity of land use and area population to that which can be supported by the area's resource base,as well as circulation and infrastructure systems," And the EIR is in contradiction to Implementation action 8.1B which reads Ensure that approval of development proposals will not increase the traffic on a city street or roads in unincorporated areas above the roadways existin~ capacitv or level of service C at the ueak hour. We can see no overriding considerations that would overcome the significant inpacts as outlined. we request that the city council not certify the EIR at this time. we request that the city not approve general plan amendment 97-004. Additionally we would like to express our concerns generally on the issue of our impacted schools ,and future development. we currently have a child attending ocean view school which at current levels is already overpopulated. The question arises where . will the children attend school that will live in cunent developments in the pipe line let alone new development. This issue is not tied to just the village glen tract, but all developement that has been previously approved by council and projects that will be approved in the future. It is time for the school district and city council to deal with this issue head on. sincerely Tim & Sandy Brown 125 Allen St. Anoyo Grande Ca 93420 i ~ , . ~ . ~ ' . . . ~ . ~ . „ - - June 8, 1999 Sandy Davis and Boazd Members Lucia Mar Unified School District 604 Orchard Arroyo Grande, CA. 93420 City of Arroyo Crrande, City Councilmen and City Manager 214 East Branch Arroyo Grande, CA. 93421 Gary Young 2815 Mesa Alta Lane Arroyo Grande, CA. 93420 Dear Sandy, I appreciate the meetings we have ha.d over the past months concerning the school districts interest in my home and property as a possible new elementary school site. I wanted to let you know that I am not interested in selling, or considering selling, my home andlor property at this time. Sincerely, y}a~c.L~v Jean James 765 James Way Arroyo Grande _ 7.a. ~ pRROy~ o ~ INCORYOAA7ED ~Z M E M O RAN D U M V O ~ ~ .xxr ~o. ~o~t . c4~~FOR~~P TO: CITY COUNCIL FROM: MAYOR PRO TEM TONY M. FERRARA SUBJECT: LUCIA MAR SCHOOL DISTRICT'S AGENDA ITEM OF JUNE gT" - "PROPERTY ACQUISITION/ NEGOTIATION MATTERS" DATE: JUNE 8, 1999 The Lucia Mar School Board will be considering an item regarding property acquisition for an elementary school east of the 101 Freeway, at its meeting this evening. The attached map pertaining to tonight's Council Item (Public Hearing on the James Way Annexation) will be presented at the School Board Meeting. This matter will be further clarified during the public hearing and Council discussion on this item. C: City Manager City Attorney Interim Community Development Director ~ ~ ~ ~ - ~ ~ ~ '~~o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ I V A A i / /f ~ 1 ~ ~ ~ ' ~ i i ~ ~ ~I)I ~ ~ - ~ ~~=_l r - ~ y ~ li ~ ~ ~ ~1 , ~ ~ ~ i ~ . Y ~ ~ ~ ~ ~ i / / ~ i~ , ~~~11\~~'v ~I;~ ~ ~ ; V ~,I ~ ~l ~ I ~ ~ i ~ _ ~ - ~ , i i ~ ~ ~ I I - r'i ju~~~-^ ..,i.`~/ ~ - . ~.i j ~ i( ~ ~ j ~ I N , \ - ~_-i . 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' • • r J ~ ~7t i t1 iu _ _ • ~ ~ . ~ pRROrO ° ~ INCOfiVONATED 92 V T * JULV 10. tYtt 7~ c4~~FOR~~P MEMORANDUM TO: CITY COUNCIL FROM: HENRY ENGEN, INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT ~L SUBJECT: JAMES WAY ANNEXATION (VILLAGE GLEN, TRACT 2265) DATE: JUNE 8, 1999 RECOMMENDATION: The Planning Commission recommends the City Council: (1) Adopt a resolution certifying that the Final Environmental Impact Report prepared for General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Map 2265, and Planned Development 97-56 has been prepared in compliance with the California Environmental Quality Act and the City of Arroyo Grande's CEQA Implementing Procedures; and (2) Adopt a resolution approving General Plan Amendment No. 97-004, thereby amending the General Plan Land Use Map and designating the property Rural Residential; and, (3) Introduce for first reading an ordinance approving Development Code Amendment No. 97-009, thereby amending the City's adopted Zoning Map and pre-zoning the property Rural Residential (RR), preliminary to annexation of the property. FUNDING: A Fiscal and Public Services Analysis for the project was performed by Crawford, Multari & Clark Associates. Tlie report, attached as Appendix E to the Final EIR, is dated October 1, 1998. The report concluded that annexation as proposed would provide modest fiscal benefits to the City. The report noted that if development were to be constructed under County jurisdiction, the City could expect to incur service costs in excess of revenues, while the City would experience positive income if development were pursued following annexation. The report estimated a positive fiscal impact of S 140.00 per residence per year if annexation occurred, and a loss of 5179.00 per residence per year if the development occurred under County jurisdiction. Staff Repoit: James Way Annexation June 8, 1999 Page 2 DISCUSSION: The project involves the proposed annexation of an 86.3-acre area located north of James Way in the vicinity of Mesquite Lane. The applicant requests, as part of the project, that the City (1) certify the environmental impact report prepared for the project, (2) approve a General Plan amendment to amend the Land Use Plan Map to designate the parcel Rural Residential, and (3) approve an amendment to the Development Code to pre-zone the area Rural Residential. If the City Council takes the requested actions, the applicant could apply to the San Luis Obispo County Local Agency Formation Commission (LAFCO) for amendment of the City of Arroyo Grande's sphere of service and annexation of the parcel to the City of Arroyo Grande. If these requests were approved by LAFCO, a subsequent protest hearing would be held by the City pursuant to the Knox-Cortese Act. Depending on the outcome of the hearing, the City Council could take final action to record the annexation. This project was considered by the City Council on April 27, 1999. At the conclusion of the public hearing, the City Council directed staff to review issues raised by the Council, andi'return with a report at a subsequent Council meeting. Because the Planning Commission has not re-heard the matter, its recommendations remain unchanged from the April 27, 1999 staff report. The report below discusses the concerns raised at the April 27, 1999 meeting, and provides the staff response. Environmentally Superior Alternative and Deve%per's Statement: The project analyzed in the EIR included the proposed change in the General Plan and Development Code before the Council at this time, as well as an application for a tentative tract map and planned unit development designation for the proposed residential development. The proposed tract map (Tract 2265) as evaluated in the Final EIR consisted of 63 single- family residences, plus one open space lot of approximately 33 acres. As required by CEQA, the Final EIR identified the environmentally superior alternative. In that regard, the Final EIR stated: The No Project alternative would not be the environmentally superior project because under the current County zoning about 35 to 70 lots could be developed. Impacts would be less on traffic, but potentially greater on landform, erosion and native trees. However, in the short term, until a development proposal is put forth under the existing zoning, the No Project alternative would avoid all impacts. Staff Report: James Way Annexation June 8, 1999 Page 3 The environmentally superior project would be a reduced scale project of about 50 residences. While this alternative does not completely avoid all impacts, each impact is incrementally reduced roughly proportionate to the decrease in density over the proposed project, and visual impacts are avoided. The above discussion addressed the Tract 2265 parcel configuration. Subsequent to the April 27, 1999 City Council hearing, the applicant submitted a Developer's Statement that commits the applicant to construction of Tract 2265 consistent with the environmentally superior alternative identified in the Final EIR (Attachment D1. One of the concerns raised during City Council and Planning Commission consideration of the project was whether the Final EIR evaluated the impacts of potential development of the 1 1-acre site on the southwestern portion of the proposed annexation area (now occupied by one single-family residence) and the 1 1- acre area on the northeastern portion of the proposed annexation area (now occupied by five single-family residences). The Final EIR identified the project as an annexation, and included the annexation area in the discussion throughout the document. For example, the General Plan policy consistency analysis, beginning on page III-5, analyzed the "proposed annexation and rezoning," (page III-8). In some cases, the policy analysis identified proposed Tract 2265 when the issue focused on that portion of the annexation (page III-7, Section 6.6). In some cases, the Final EIR analysis focused on proposed Tract 2265. See, for example, the traffic discussion beginning on page IV-D1, and the groundwater resources discussion, page IV-E1. The applicant has proposed a limit on development in Tract 2265 to 48 residential units with one open space lot. The total number of units that could be developed in the annexation area would exceed by one the number of residential units projected for Tract 2265 in the Final EIR. The following tables illustrate this situation: Annexation area at Rural Residential density (one unit per caross acre): Parcel Existing units Units under RR Net increase SE 11 acres 1 11 1-0 Tract 2265 1 64 63 NW 11 acres 5 11 6 TOTAL 7 86 79 Staff Report: James Way Annexation June 8, 1999 ~ Page 4 Annexation area at Rural Residential densitv (one unit per gross acrel with Tract 2265 limit to 48 lots + 1 oqen space lot: Parcel Existing units Possible units Net increase W 11 acres 1 11 10 Tract 2265 1 49 48 E 1 1 acres 5 1 1 6 TOTAL 7 71 64 * * Per Developer's Statement The EIR referred to a potential zoning density for the entire annexation area of 86 residential units. (Final EIR page I-8), and also analyzed impacts for 63 single-family homes. (e.g., Final EIR, page IV-D3). Limitation of the number of residential units in Tract 2265 to 48 lots plus one open space lot responds to concerns regarding impacts of potential development of the adjacent 1 1-acre sites. Groundwater resources: The General Plan includes the following implementation actions: Policy 8.1 of the General Plan, Land Use Element: Permit new developments only where and when adequate water services can be provided, and when the provision of adequafe water service can be assured by providing system-wide water improvemenfs in advance of needs. Policy 10.1 a of the General Plan, Land Use Element: The proposed annexation will not impact the amount of water resources available elsewhere in fhe City. The City does not have an excess of water supplies that can be used for expanded service areas such as annexations. Therefore, the City has required that annexations offset their water demand with an equal or greater water supply. The well proposed by the applicant to meet this requirement was the subject of the following questions raised at the April 27, 1999 City Council hearing: 1. What guarantee does the City have that the water supply will be provided? 2. How does the timing of the well testing relate to the annexation and development process? 3. What will happen if the water does not prove out? 4. Can the increase cost of the treated water be charged to the service area? 5. Was the water study based on the entire annexation area, or only Tract 2265? Staff Report: James Way Annexation June 8, 1999 Page 5 Currently, the water supply that can be achieved from the proposed well supply is based on estimates by a qualified Hydrologist. The EIR recommends a testing program to verify that the well provides a supply offsetting the project demand. The testing program is summarized as follows: Initial testina to be performed prior to any grading permit or final tract map: Verify the maximum well flow rate: Per mitigation E1, perform a flow test, a step draw-down test, and a well recovery test to verify the well flow capacity. Verify the net flow considering interference with other City wells: Per mitigation E1, perform a test to verify the draw-down effect on the Los Robles Del Mar and the Oak Park well. This test is a 30-day test and will be used to determine whether the new well should be pumped at a lower rate to avoid interference, and what the resulting effective net water supply is. Verify water quality and any needed treatment: Per mitigation E3, test for water quality. The applicant is to provide treatment as required, to be performed after the flow and drawdown tests listed above. Follow up testing to be performed after project approval: Monitor area rq oundwater levels after project implementation: Per mitigation E1 and E2, perform regular city monitoring of the area groundwater levels. Reevaluate biannually for 2 years.to confirm the above results. To be performed after project implementation. This monitoring does not effect the project approval. The initial testing mitigation measures require that the well capacity be proved prior to any grading construction or subdivision of the property. If the property were annexed, and the well capacity were found to be less than predicted, then the applicant would not be able to build out the project as planned without finding another offsetting water supply. Staff recommends that the well interference test be expanded to also include monitoring of existing private wells in the area. The hydrology study indicates that the proposed Deer Trail well is not expected to interfere with the existing private wells in the shallow aquifer (which is reported to be a separate aquifer). Adding the private wells to the interference testing would mean that the pumping rate of the proposed well would be limited to a level at which interference did not occur. The attached Resolution presented to Council includes language to add the private wells to the interference testing program. The follow up testing is a monitoring program that will be performed by the City. It will not effect the project approval (the testing does not occur until after the project is built). The City routinely monitors groundwater levels for all of its wells. This requirement will add to the effort a review of groundwater levels in the nearby existing wells. The City Staff Report: James Way Annexation June 8, 1999 Page 6 will utilize this information as a longer term effort to verify that the aquifers remain healthy. It is expected that the proposed well will require treatment similar to the existing Oak Park well. Staff has reviewed the operating cost of the Oak Park well as compared to other City wells. Other city wells have lower operating costs due to lessor treatment requirements, and also because they are higher producers of water and there is an economy of scale. Staff estimates that operating costs for the Oak Park well are $250 per acre foot of water produced, as compared to $80 per foot for other City wells. The EIR assumes each residence uses 0.79 acre feet per year (afy). Therefore, if the increased cost of $170 per acre foot were charged to the homeowners, it would amount to $134 per year per residence. The City could seek to obtain a reimbursement for this cost by forming a special assessment district as a condition of approval of the Tract Map. The water study in the EIR is based on 64 developed lots, and does not specify whether these lots are in Tract 2265 or in the 11-acre parcel. The end result is that development within the annexation area will be limited by the results of the well testing, regardless of the location of the development within the annexation area. The resolution certifying the EIR has been amended to include testing existing private wells for well interference. Pre-zoning and alternatives: The applicant has requested a pre-zoning of the parcel to Rural Residential, and has applied for a Planned Unit Development to permit clustering of the residences. The tentative tract map originally prepared by the applicant included 63 clustered residential lots and one open space lot on 64 acres, with the remaining acreage consisting of one 11-acre parcel and five separate parcels totaling 11 acres. There was substantial discussion at the City Council hearing on April 27, 1999 regarding other possible zoning designations, and some interest was expressed in developing other potential pre-zoning scenarios. Alternatives for pre-zoning the project parcels have not been developed by the applicant nor proposed by Staff. The tentative tract map approval process provides the City with adequate discretion to condition the project, and to achieve the benefits of particular land use strategies that may be attractive to the City. Traffic: The City Council expressed reservations regarding the traffic analysis in the Final EIR. The City Council was concerned regarding the impact of project traffic on Rodeo Drive and the Brisco Road/U.S. Highway 101 interchange. Rodeo Drive/Grace Lane extension: Discussions of traffic impacts on Rodeo Drive have focused on the volume of traffic, capacity of the street, and the possibility of future extension of Grace Lane. When evaluating the issue as part of the environmental review, a threshold of significance is used as a standard. In this case, the Final EIR compared the traffic volume to the capacity of the roadway. The Final Staff Report: James Way Annexation June 8, 1999 Page 7 EIR indicated that Rodeo Drive has a capacity of 7,500 ADT, that existing traffic volume on Rodeo Drive is approximately 900 ADT, and that the project would add approximately 300 ADT to Rodeo Drive and/or Grace Lane, if it were constructed. Because the trips forecasted for Rodeo Drive and Grace Lane are within the design standards of the roadways, the environmental review concluded that no significant impacts would result from the project. At the same time, however, the Final EIR acknowledged, at page IV-D7, that complaints regarding traffic on a residential street are not likely to occur at traffic levels below 500 ADT, and are likely to increase in frequency at traffic levels in excess of 1,500 ADT. The Final EIR concluded that the project would not have a potentially significant impact on Rodeo Drive for purposes of environmental review. The EIR also acknowledged, however, the legitimate concerns of residents with regard to the level of traffic now experienced, and to be expected on Rodeo Drive and/or Grace Lane if the project is approved. The City Council may take this into account in various contexts as part of project review. In the case of the Final EIR, staff believes the discussion is in accord with the California Environmental Quality Act. Brisco Road/U.S. Hicahwav 101 interchanae: The City Council expressed concern with regard to the analysis of baseline traffic conditions. The Final EIR provided: The project added traffic to Baseline conditions will increase the volume-to- capacity ratio at the Brisco/U.S. 101 northbound ramps/West Branch intersection 0.01 at LOS D during the PM peak hour. This is potentially significant. However as defined by the City of Arroyo Grande standards, short term project impacts are permitted when an improvement project is planned. With any of the three long range interchange improvements options presently being evaluated by the City, the resultant intersection level of service would be LOS C or better. As such, the addition of project traffic would not result in any long term significant impacts. (Page IV-D7) The threshold of significance identified in the EIR has its basis in the City's General Plan. The Land Use Element contains the following references: Objective 8.0: Limit the intensity of land use and area population to that which can be supported by the area's resource base, as well as circulation and infrastructure systems. Policy Statements and Implementation Actions: 8.1 Limit the number of dwelling units within the City to that which is consistent with the long-term availability of resources needed to support area population and that which public services and facilities can adequately support. Staff Report: James Way Annexation June 8, 1999 Page 8 Implementation Actions: b. Ensure that approval of development proposals will not increase the traffic on a Citv street or roads in unincoraorated areas (such as State Hiphwav 227) above the roadwav's existing caqacitv or level of Service C at the oeak hour... (emphasis supplied) g. Monitor the impact and intensity of land uses on area circulation to ensure that the circulation system is not overburdened. 8. 2 Ensure that all extensions of services and utilities to facilitate land use changes are accomplished in a manner consistent with the provisions and intent of the Arroyo Grande General Plan. f. Review development projects for their impacts on public services and facilities including, but not necessarily limited to, roadways, water, sewer, fire, police, parks, school facilities, and libraries. If a develo~ment qroject will cause the level of public service or facilitv provision to fall below the standards maintained bv the Arrovo Grande and/or the standards of aqqlicable service agencies, reauire that a~propriate on- and off-site improvements be provided either throucah conditions of approval, development fees, or establishment of assessment districts. If such improvements cannot be provided, decline approval of the proiect. (emphasis supplied) The City Council expressed concern not only with the threshold applied in the environmental documents, but also with the conclusion reached regarding future improvement of the Brisco/101 interchange. Planning for interchange improvements at the Brisco Road/101 interchange is under way, and was recently reported to the Planning Commission. The memorandum submitted to the Planning Commission by the Director of Public Works/City Engineer is attached as Attachment C. The essence of the standard applied is that even though the traffic analysis may show that an intersection would operate at a LOS D at some point in the future, such a condition could be accepted for a limited period of time, as long as there are plans to improve the intersection and increase the LOS to at least a LOS C. If, as is the case with this project, an impact is identified that either decreases the LOS to a level D, or contributes to a LOS D, the impact is potentially significant. The City then proceeds to evaluate whether improvements have been planned that would be sufficient to create the exception to the threshold. That is, are the improvements p/anned for the intersection sufficiently definite so that the City can depend on such events occurring in the future? Staff Report: James Way Annexation ?une 8, 1999 Page 9 This determination is a Qolicv decision made bv the Citv Council. If the City Council determines the improvements are definite enough to consider, the impact would be reduced to a less than significant level. If not, an unavoidable significant impact would be identified. If the City Council concludes that there is an unavoidable significant environmental impact for traffic, staff should be directed to revise the discussion in the Final EIR, re- circulate the document for public review, and return for further consideration by the City Council. Staff estimates that this process would require approximately three months. Reconsideration by the City Council would probably occur in early September 1999. If the City Council accepts the discussion in the traffic section as adequate, it may certify the EIR, assuming other aspects of the Final EIR satisfy CEQA requirements. Statement of Overriding Considerations: If the City Council directs staff to revise the findings and discussion regarding traffic impacts as described above, re- circulation of the EIR would follow. Once the EIR was re-circulated, the City Council could again consider certification of the EIR, and approval of the General Plan and Development Code amendments. In such a case, the City Council would be required to adopt a Statement of Overriding Considerations. The purpose of a Statement of Overriding Considerations is to confirm the policy decision of a City Council in approving a project for which an unavoidable significant environmental impact has been identified. The CEQA Guidelines provide that the legislative body may adopt a Statement of Overriding Considerations only if it makes any of the following findings for each unavoidable significant impact: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (CEQA Guidelines, Section 15091) Staff Report: James Way Annexation June 8, 1999 Page 10 CEQA requires that the aforementioned findings shall be supported by substantial evidence in the record. Printz Road access: One of the issues raised at the April 27, 1999 City Council meeting was the possibility of providing an easement through the northwest corner of the site for the purpose of eventual access to Printz Road. As noted previously in this staff report, the applicant has indicated an intention to apply for approval of a tentative tract map as part of the project. If an easement were to be provided, it would be included, and approved, through the map approval process. The tentative tract map first prepared by the applicant contained a 60 foot offer of dedication for a future roadway extension between the lots then designated as 42 and 43. This could have been used to extend the roadway to Printz Road. The project analyzed in the Final EIR included the proposed roadway extension. The applicant has held numerous discussions with members of the public and staff, and has attended several public hearings regarding the project. The applicant has expressed his intention to delete the offer of dedication from the project plans, based on the number of comments received that were critical of the roadway extension concept. The tentative tract map is not being considered for approval at this point. If the City wishes to pursue the idea of extending the roadway to Printz Road through such a dedication, it could revisit the issue if the annexation is approved and occurs. ENVIRONMENTAL ASSESSMENT: A Final Environmental Impact Report (EIR) has been prepared for this project. The Final EIR is attached with this report. CONCLUSION: Approval of the annexation and pre-zoning as requested would represent a logical expansion of the City limits, consistent with the 1983 LAFCO Sphere of Influence Study and the City's General Plan. The EIR concluded that if proposed Tentative Tract Map 2265 proceeds under City jurisdiction the net fiscal impact would be a positive S 140 per dwelling per year. Conversely, the same project built under County jurisdiction would cost the City S 179 per dwelling per year, since the City would incur costs for services, but would not receive the income stream that would be generated from development within the City. Staff Report: James Way Annexation June 8, 1999 Page 11 Alternatives: The following alternatives are presented for Council consideration: 1. Confirm the receipt of the Developer's Statement Accepting the Environmentally Superior Alternative, find that the Final EIR is in compliance with CEQA, certify the EIR based on the acceptance by the applicant of the environmentally superior alternative, approve the General Plan Amendment, and the initiation of action to amend the Development Code; 2. Find that the Final EIR is in compliance with CEQA, certify the EIR, approve the General Plan Amendment, and the initiation of action to amend the Development Code; 3. Find that the EIR is not in compliance with CEQA, and direct staff to revise portions of the EIR, re-circulate, and return to the City Council for consideration of the revised EIR and, if appropriate, a Statement of Overriding Considerations; 4. Find that the EIR is not in compliance with CEQA, and take no action on the General Plan amendment and Development Code amendment applications; 5. Find that the EIR is in compliance with CEQA, certify the Final EIR, and deny the General Plan Amendment and Development Code Amendment applications. If the Council selects alternative 3, 4, or 5, staff will return with the appropriate resolution/or resolutions at a later meeting. Attachments: Resolution Certifying Final EIR Resolution Amending General Plan Ordinance Approving Pre-zoning A. Staff Report for April 27, 1999 City Council meeting, with attachments. B. Minutes for April 27, 1999. C. Memorandum to Planning Commission from Director of Public Works/City Engineer, April 20, 1999 regarding Need and Purpose Statement for the Brisco Road-Halcyon Road/Route 101 and EI Campo Road/Route 101 Project Study report (PSRs). D. Developer's Statement Separate Cover: Final Village Glen Annexation EIR, firma, February 1999. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLAGE GLEN PROJECT; GENERAL PLAN AMENDMENT 97-004 (APPLICANT: GARY YOUNG) WHEREAS, an Environmental Impact Report (the "EIR") for the Village Glen Annexation, including General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Tract 2265, and Planned Unit Development 97-56 (the "Project") was prepared by firma (the "Consultant") for the City of Arroyo Grande (the "City") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.?, the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "State CEQA Guidelines") and local procedures adopted by the City pursuant thereto; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested and to incorporate comments received and the City's response to said comments, and as so revised and supplemented, a Final EIR was prepared and submitted to the Planning Commission of the City of Arroyo Grande for review and consideration at its meeting of March 30, 1999; and WHEREAS, at its duly noticed meeting on March 30, 1999 the Planning Commission recommended that the City Council accept and certify the Final EIR prepared for the project; and WHEREAS, a duly noticed public hearing was held by the City Council on April 27, 1999 and June 8, 1999 to consider the Project and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented, incorporating all comments received and the response of the City and the Planning Commission thereto. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby: Section 1. Certify that the Final EIR for the Project has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and local procedures adopted by the City pursuant thereto. The Final EIR reflects the independent Resolution No. Page 2 of 3 independent judgment and analysis of the City Council, as required by Public Resources Code Section 21082.1 and Section 15090 of the CEQA Guidelines. Section 2. Independently review and analyze the Final EIR and consider the information contained therein and all comments, written and oral, received at the public hearing on the Final EIR prior to adopting this Resolution. Section 3. Adopt the Mitigation Measures and the Mitigation Monitoring Program identified in the Final EIR with mitigation E1 amended to include testing existing private wells for well interference. At least two (2) representative shallow aquifer wells shall be monitored within each of the following radii from the proposed Deer Trail well: 0-1,000 feet; 1,000 to 2,000 feet; and 2,000 to 3,000 feet. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this_ day of June, 1999. Resolution No. Page 3 of 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: /l..~L~C_l...t~ 1 ~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TI OTHY . CA EL CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDMENT OF THE GENERAL PLAN LAND USE ELEMENT AND THE GENERAL PLAN MAP; GENERAL PLAN AMENDMENT 97-004 (APPLICANT: GARY YOUNG) WHEREAS, the applicant, Gary Young and Associates, has submitted an application to amend the General Plan Map to designate the project site area, described in Exhibit A to this Resolution, as Rural Residential (RR), allowing a density of one unit per acre; and WHEREAS, amending the General Plan Map as requested would establish land use, development and design standards for the above described area; and WHEREAS, on March 30, 1999 the Planning Commission, following a duly noticed public hearing, recommended that the City Council certify the Environmental Impact Report prepared for the Village Glen Annexation; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed the application for General Plan Amendment 97-004 at duly noticed public hearings on April 27, 1999 and June 8, 1999, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation, and public hearing, the following circumstances exist: Annexation Findings 1. The proposed annexation will not impact the amount of water resources available elsewhere within the City; 2. Clear compatibility exists with the community's basic identity as a rural, small town community; the goals and desires of the people and the City of Arroyo Grande as a whole; and with the community's existing available resources; 3. The proposed General Plan Amendment is consistent with goals and objectives of the General Plan, particularly in regard to protection of agricultural and open space lands, and will not result in any internal inconsistencies within the General Plan.; 4. Significant benefits will be derived by the City upon annexation; 5. Adequate infrastructure and services have been or can be economically provided in accordance with current City standards; 6. The proposed annexation will generate sufficient revenues to adequately pay for the provision of City services; Resolution No. Page 2 of 3 General Plan Amendment Findings 7. The potential environmental impacts of the proposed General Plan Amendment are insignificant or can be mitigated to a less than significant level as identified in the Village Glen Annexation Final Environmental Impact Report; and 8. The proposed amendment will not adversely affect the public health, safety, and welfare. 9. The proposed General Plan Amendment is consistent with the goals, objectives, policies, and programs of the General Plan and will not result in any internal inconsistencies within the Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve an amendment to the General Plan Land Use Element and General Plan Map by designating the project area as Rural Residential. On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this_day of June 1999. Resolution No. Page 3 of 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: L_ i ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ~ TI OTHY J ARME , CI ATTORNEY / \ DCHiBIT A ?,~~;,b~ ~l~'~'~ A / ~ " \ S~Z/ ~ ~ / ~ ~ ~j ~ " / ~ ~ ~ • ~ t` County: Residentiai Suburban ~ N 1 . ~ ~ (Rural Residentiai: 1 DU per gross acrz) M'~ ~ , w N~~ ~ • ~ ' , ` ' , ` f 1 ~ ~J ~ ~ "s ~ = ~ , ~ ! , ~ ~ 1 ~ ~ } }~s , 1 1 ~ ~ ~ ~ ~ ; - ~ ( j ~C_ ~ , 4 ~ ~ ~ , ~ ~ % p ' ` ~ ~ ~ ~ ` = / i r \ / /~~r~ i ' ~ ~ ` ~ ` ~ ~ ,`i ~ ` , 1 ~ ~ _ ' ~ ` y~' ; ~ ; ; ~,.j ` t 1~ ! r~-.~~-~. ' f' ~ , = `f~,r~--~/ ~ ' ~ ~ .~c,vr= ' t ~ , /v~ ` V { r + r f + + t L t R ; i , ~ y f ~ ~ ' ~ T. ~ ` ' ~ ~ , ` 'i r\~`,~ , ^ ( ~ ~ \ i ~ _~f~~ ' ~ ~r : ~ ~ ~ _ : ~ ~ ~ ~ ,L~\; ~ v ~ r f f~ ~ T.'~' tt ~t.~~ ~ 1 . . . ~ f~~ !1 ~ ~ \ :1.~`i~ ~ E ~ ' ~ ; t ~`r'` ~ -i ;'R?~_~' ``i.~~ / . ~ '^i~'1 v u~rr'~ T,~'= ~ \ iI~'~\ V 1 ! ` t. / ~r ~~,a ~ = ' ` i. \ / `~~~N~ f ' ;~,,,i , / •.T ~ ~ f~~ . \ / ~ ~ t v / ~ ~ - ( ~ : ? i 1 ~~~,Y~~ t ` 2~ ~4 ~ / ` ` ~ y'~! ~ n t ~ t / ~ v r ~ 1/ ~ ~ I t I ~ y i~a ~ ` ~ _ ~ v. ~ ' • .?~o. y.~ ta''~' 7 1 ~ r ~ D . _ ~ ~ ~ ~~:n ~ ( ~ t ~ \ ~ ~~?.~~T :~Z ~ ~ ~ ` ~ ~ - ~ ^ `~?~i ~ + t i~ ~.~n~~` ~ ;~""~`•~1i3 ~ L ~ 1. i t i l ^y``~ ! - ~ ~%s~- \ F Ys~• ~ ; , ~ - 1'~ S. . ~ ~ ~ ~ l~•- = r / ~ t ; ` \ `j •~^1 ~ _~t .~L`..i~ ~ • s , t ~ ? / \ Y~~; 1 ~ ` ~ ~~~~Y~' ^ j~ ~ ~ yj` ~ j ~ ( t ~ ~~r.i ~ } 2-~4~„~- 3~{.1 ~ ~ ~ ~ ~~~E ~y~ 3 . / ' /1 J ~s~ r \ \ / ~ . . i~ : . : : ~ ~ / } • ! ~ ! ~ .+~1i~.~;~~'~ ~-~F~ if~4 ~ ~ \ ~ ~.r~ S _ - _ ~y~~ ~ir,. ~ ~ _ ~ ~ ~ ` ' tin'' , f ~ ~ f. i . - ~ T ~ ` ~ ~,y.a , ; \ s~ ~ , ~ ~ 1 L~+~ ' ~ ~ ( IS ~ `,r! ~1 r . ~ ~`~J~~~`: ~ sa?~.• ~ ~ ~ t• ~ ~ \ ~ , • ~~ri--^'~: ~ ;J = ~ ~ ~ ~ - ` J~~ ~ t.r•.-~i~~`•r°. ~ ~ _ ~ "`i ~ ~ . - , GENERAL PLAN AMENDMENT 97-004 VICINITY MAP ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 97- 009 (APPLICANT: GARY YOUNG) THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Arroyo Grande Zoning Map indicates that the area identified in the attached Exhibit A("project area"), located north of James Way, is located in the unincorporated area of San Luis Obispo County; and WHEREAS, the applicant, Gary Young, has filed Development Code Amendment 97-009 to amend the Zoning Map designating the project area as Rural Residential; and WHEREAS, adoption of the proposed zoning would establish land use, development and design standards for the project area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 97-009 at duly noticed public hearings on March 30, 1999 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard, and has recommended that the City Council adopt the requested amendment to the Zoning Map; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 97-009 at duly noticed public hearings on April 27, 1999 and June 8, 1999, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning Map is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan. 2. The proposed Development Code Amendment amending the Zoning Map will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. 3. The proposed Development Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code. Development within the Village Glen Annexation area would be required to meet development and design standards that insure orderly development and a unique and aesthetically pleasing Ordinance No. Page 2 of 3 design. • 4. The potential environmental impacts of the proposed Development Code Amendment are insignificant or can be mitigated to a less than significant level as identified in the Village Glen Annexation Final Environmental Impact Report. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, California hereby approves Development Code Amendment 97-009 amending a portion of the Zoning Map as follows: SECTION 1: Development Code Section 9-01.080 (B) also known as the "Zoning Map of the City of Arroyo Grande" is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 3: Upon adoption of this Ordinance, the Director of Administrative Services/Deputy City Clerk shall file a Notice of Determination. SECTION 4: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council members voting thereon, in a newspaper of general circulation within the City. SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 1999. Ordinance Na Page 3 of 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~'l~~l.3~.L71 i 1 ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ~ TI THY J. 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J - _ ~ - _ . . ~ . . . . ~ _ , , ~ - DEVELOPMENT CODE AMENDMENT 97-009 VICINITY MAP CITY OF ARROYO GRANDE ATTACHMENT A CITY COUNCIL MEECING NOTICE OF PUBLIC HEARING AND ENVIRONMENTAL DETERMINATION NOTICE IS HEREBY GIVEN that a Pubiic Hearing wiil be heid by the City Councii of the City of Arroyo Grande on the following project: CASE NO. ~lames Wav Annexation Milaae Glenl Ge~eral Plan Amendmeirt 97-004 Developmerrt Code Amendment 97-009 Certification of Environmer~tai Impact Report APPLICANT: ~llage Glen Homes LLC (Originaqy Gary L. Young &Associatesl LOCATION: North and east of James Way, adacerrt to the northem City Gmit in unincorporated Courrty lands. ENVIRONMENTAL DETERMINATION: Environmerrtal Impact Report per CEOA Guidelines REPRESENTATIVE: Engineering Development Associates PROJECT DESCRIPTION: The Project involves the p~oposed annexation of an 86 acre area, designating this area as Rural Residential in the General Plan, and Pre-Zonin~ the area as Ru~al Residential 1RR1. The Applicant is proposin~ the future subdivision of 64 acres of the area into 59 residentia! lots ranpinq in size from 14,214 square feet to 53,702 square feet, and o~e lot of 33.5 acres with an existinfl residence. Five additional parcels totalin~ approximately 22 acres, are also included in the annexation area, but are not part of the proposed Tentative T~act 2265. The p~oject is in the unincorporated County area located north and east of James Way adjacent to the northem City limits, In compliance with the California Environmental Quality Act, the Planning Commission has recomme~ded certification of the Environmental Impact Report on the above project. Any person affected or concemed by this application may submit written comments to the Administrative Services Department befo~e the City Council hearing, or appear and be heard in support of or opposition to the project and the environmen~tal impacts at the time of hearing. Any person interested in the proposals can contact the Administrative Services Department at 214 E. Branch Street, Arroyo Grande, California, during ~ormal business hours (8:00 A.M. to 5:00 P.M.). IF YOU CHALLENGE AN ITEM IN COURT, YOU MAY BE UMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE PLANNING COMMISSION AT, OR PRIOR T0, THE PUBIIC 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 G1VEN. Date and Time of Hearing: Tuesday, Apn'I 27, 1999 at 7:30 P.M. Place of Hearing: Arroyo Grande City Councd Chambers 215 E. Branch Street . Arroyo Grande, Califomia 93420 ~l ~ . Nancy A. D is, Director Administrative Services Department ~ pRROy~ ~ c~P ~ ~+convon~reo 9Z u ° MEMORANDUM i~ .rxr ~o. ~0» ,f c4~~FORN~P TO: CITY COUNCIL FROM: HENRY ENGEN, INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: JAMES WAY ANNEXATION (VILLAGE GLEN, TRACT 2265) DATE: APRIL 27, 1999 RECOMMENDATION: The Planning Commission recommends the City Council: (1) Adopt a resolution certifying that the Final Environmental Impact Report prepared for General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Map 2265, and Planned Development 97-56 has been prepared in compliance with the California Environmental Quality Act and the City of Arroyo Grande's CEQA Implementing Procedures; and (2) Adopt a resolution approving General Plan Amendment No. 97-004, thereby amending the General Plan Land Use Map and designating the property Rural Residential; and (3) Introduce for first reading an ordinance approving Development Code Amendment No. 97-009, thereby amending the City's adopted Zoning Map and pre-zoning the property Rural Residential (RR1, preliminary to annexation of the property. ~ FUNDING: A Fiscal and Public Services Analysis for the project was performed by Crawford, Multari & C1ark Associates. The report, attached as Appendix E to the Final EIR, is dated October 1, 1998. The report concluded that annexation as proposed would provide modest fiscal benefits to the City. The report noted that if development were to be constructed under County jurisdiction, the City could expect to incur service costs in excess of revenues, while the City would experience positive income if development were pursued following annexation. The report estimated a positive fiscal impact of 514Q.00 per residence per year if annexation occurred, and a loss of S 179.00 per residence per year if the development occurred under County jurisdiction. DISCUSSION: The proposed project involves the proposed annexation of an 86.3 acre area located north of James Way in the vicinity of Mesquite Lane. The applicant Staff Report: James Way Annexation April 27, 1999 Page 2 requests, as part of the project, that the City (1) certify the environmental impact report p~epared for the project, (2) approve a General Plan amendment to amend the Land Use Plan Map to designate the parcel Rural Residential, and (3) approve an amendment to the Development Code to change the zoning of the parcei to Rural Residential. If the City Council takes the requested actions, the applicant could apply to the San Luis Obispo County Local Agency Formation Commission (LAFCO) for amendment of the City of Arroyo Grande's sphere of service and annexation of the parcel to the City of Arroyo Grande. If LAFCO approves the annexation and amendment of the sphere of service, this acreage will become part of the City. The applicant has also filed applications fo~ Vesting Tentative Tract Map 2265 and Planned Unit Development 97-56. These applications, if approved, would establish the manner in which approximately 64 acres of the annexation area would be developed. These applications are not before the City Council for consideration at this time because annexation must precede their consideration. The Planning Commission considered the matter on March 30, 1999 and recommended approval as follows: • Res. 99-1689-Recommending Certification of EIR Vote: 5-0 • Res. 99-1690-Recommending Amending General Plan Vote: 41 (Chair Greene dissenting) • Res. 99-1691-Amending Development Code Vote: 41 (Chair Greene dissenting) During the Planning Commission hearing, discussion focused on several aspects of the project. The Minutes of the Planning Commission meeting are attached as Attachment B. The following areas of discussion merit special comment: Groundwater resources: Policy 8.1 of the General Plan, Land Use Element, includes the following implementation action: Permit new deve%pments only where and when adequate water services can be provided, and when the provision of adequate water service can be assured by providing system-wide water improvements in advance of needs. The applicant has proposed to offset the projected water demand for the project by developing and dedicating a new water well for City use. The well is located off the project site and is referred to in project documents as the "Deer Trail Well." Staff Report: James Way Annexation April 27, 1999 Page 3 The Deer Trail Weil draws water from the Pismo aquifer, which is the same aquifer as is currently accessed by the City's Oak Park Well. The Pismo aquifer in not subject to the "Gentlemen's Agreement" regarding use of the Arroyo Grande-Tri Cities Mesa groundwater basin. While the applicant has submitted reports that support the finding that the Deer Trail Well would produce water in• sufficient quantity to meet the General Plan test, there are concerns regarding the qua/ity of the water that would be produced. The water quality of the Oak Park Well is such that wellhead treatment is required, and it is expected that the same situation would apply to the Deer Trail Well. The Planning Commission questioned the estimate of cost regarding wellhead treatment, and whether that would affect the decision of the City as to accepting the p~oposed dedication. The Planning Commission also questioned the proposed mitigation measures in the Final EIR concerning the quantity of water that might be obtained from the Deer Trail Well. The Final ElR noted that the output of the p~oposed well was not certain, and that the well might have an impact on neighboring wells. The Final EIR proposed that the well should be drilled, constructed, and tested as recommended in the report submitted by the applicant's consultant prior to the issuance of a project grading permit or final tract map approval. Long-term testing would be continued following project approval. The well testing program recommended in the EIR is summarized as follows: 1. Verify the maximum well flow rate: Per mitigation E1, perform a flow test, a step drawdown test, and a well recovery test to verify the well flow capacity (To be performed prior to any grading permit or final tract map approvall. 2. V~~ifv the net flow considering drawdown on other Citv wells: Per mitigation E1, perform a test to verify the drawdown effect on the Los Robles Del Mar and the Oak Park well. This test is a 30 day test and will be used to determine whether the new well should be pumped at a lower rate to avoid interference, and to determine the resulting effective net water supply (To be performed prior to any grading permit or finai tract map approval). Staff recommends that this test a/so inc/ude monitoring of existing p~ivate wells in the area. 3. Verify water auality and anv needed treatment: Per mitigation E3, test for water quality, with the applicant to p~ovide treatment as required (To be performed after the flow and drawdown tests, and prior to any gradirig permit of final tract map approval). Staff Report: James Way Annexation April 27, 1999 Page 4 4. Verify ~ossible interference with other City wells• Per mitigation E1 and E2, perform regular city monito~ing of the area groundwater levels. Reevaluate biannually for 2 years to confirm the above results (To be performed after project implementation). 5. Verify the possible interference with private wells in the area: Per mitigation E2. Pre-zoning and a/ternatives: The ElR analyzed the project proposed by the applicant. This included "pre-zoning" the site as Rural Residential. LAFCO requires such pre- zoning as part of its procedu~e so the land use impacts of the p~oposed annexation can be properly reviewed. During the Planning Commission hearing, there was discussion regarding the impact of the applicant's proposal, and other possible alternatives with regard to pre-zoning. The Planning Commission asked whether the City could pre-zone the parcel in a manner different than that proposed by the applicant, and staff responded that it could. Staff also indicated that creating a different pre-zoning could have an impact on the project, and could require a re-analysis of potential impacts. If the alternative zoning made the project infeasible, the applicant could abandon the project. With no application before it, LAFCO would not act. Different pre-zoning was discussed. It was suggested that the large parcel, currently proposed as being subject to an open space easement, could, as an alternative, be given a pre-zoning that would assure it wouid remain open space, and the remaining area of the site could be pre-zoned as residential with a density to be dete~mined by the Planning Commission. Staff indicated that this alternative had not been pursued by staff. If such an alternative were viewed as desirable, staff would need sufficient time to review alternatives and make a recommendation to the Planning Commission and City Council. The Planning Commission, following discussion, concluded that the Rural Residential designation would give the Planning Commission adequate authority to establish the appropriate number of building sites once the water testing proposed as a mitigation measure is completed (See discussion under groundwater resources, abovel. If the applicant eventually requests a planned unit development designation for the site, the City would have additional authority with regard to site planning, protection of open space, and density of development. Traffic: The EIR concluded that the proposed project would have no significant impact in the area of traffic. Because there was no significant impact identified, the EIR contained no mitigation measures. The project would add traffic to City roadways, including Rodeo D~ive. Staff Report: James Way Annexation Apri/ 27, 1999 Page 5 Chair Greene indicated that he believed that traffic on Rodeo D~ive was unacceptable and that the City had a responsibility to address the situation. In response to questions from Chair Greene, the applicant's representative commented that project conditions, mitigation measures, and monetary exactions must bear a nexus to the project. Chair Greene encouraged the applicant to participate in an effort to fashion a community response to the Rodeo Drive situation. Commissioner Keen stated that he believed there should be a way to make sure that any traffic mitigation fees paid by the applicant were used to fund improvements in the immediate area of the project. E/R response to comments: At the Planning Commission meeting on March 30, 1999, Mr. Fred Wendell mentioned that responses to his oral comments had been included in the EIR, but not the detailed written comments he had submitted. Attached to this staff report is the response by David Foote, the EIR consultant, regarding Mr. Wendell's letter, and the ElR coverage of the issues raised in the lette~. One of the speakers at the Planning Commission stated that she had been unable to locate the environmental document at the South County Library, as indicated in the public notice. Staff has confirmed that a copy of the EIR was, in fact, available at the South County Library. ENVIRONMENTAL ASSESSMENT: A Final Environmental Impact Report (EIR) has been p~epared for this project. The EIR, dated February 1999, has been distributed to the City Council under separate cover. CONCLUSION: Approval of the annexation and pre-zoning as requested would represent a logical expansion of the City limits, consistent with the 1983 LAFCO sphere of influence study and the City's General Plan. The EIR concluded that if proposed Tentative Tract Map 2265 proceeds under City jurisdiction the net fiscal impact would be a positive S140 per dwelling pe~ year. Conversely, the same project built under County jurisdiction would cost the City $179 pe~ dwelling per year, since the City would incur costs for services, but would not receive the income stream that would be generated from development within the City. Staff Report: James Way Annexation Apsil 27, 1999 Page 6 Attachments: A. Staff Report for March 30, 1999 Planning Commission meeting B. Minutes of the March 30, 1999 Planning Commission meeting C. firma response regarding Fred Wendell correspondence D. Correspondence received since March 30, 1999 Separate Cover: Final Village Glen Annexation Environmentai Impact Report, firma, February, 1999. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLAGE GLEN PROJECT; GENERAL PLAN AMENDMENT 97-004 (APPLlCANT: GARY YOUNG) WHEREAS, an Environmentai Impact Report (the "ElR") f~r the Village Gien Annexation, including General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Tract 2265, and Planned Unit Development 97-56 (the "Project") was prepared by firma (the "Consultant") for the City of Arroyo Grande (the "City") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "State CEQA Guidelines") and local procedures adopted by the City pursuant thereto; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and ta those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies we~e sought; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested and to incorporate comments received and the City's response to said comments, and as so revised and supplemented, a Final EIR was prepared and submitted to the Planning Commission of the City of Arroyo Grande for review and consideration at its meeting of March 30, 1999; and WHEREAS, at its duly noticed meeting on March 30, 1999 the Planning Commission recommended that the City Councii accept and certify the Final EIR prepared for the project; and WHEREAS, a duly noticed public hearing was held by the City Council on April 27, 1999 to consider the Project and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented, incorporating all comments received and the response of the City and the Planning Commission thereto. NOW, THEREFORE BE IT RESOLV_ED that the City Council of the City of Arroyo Grande does hereby: Section 1. Certify that the Final EiR for the Project has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEOA Guidelines and local procedures adopted by the City pursuant thereto. The Final EIR reflects the independent Resolution No. Page 2 of 3 judgment and analysis of the City Council, as required by Public Resources Code Section 21082.1 and Section 15090 of the CEQA Guidelines. Section 2. Independently review and analyze the Final EIR and consider the information contained therein and all comments, written and oral, received at the public hearing on the Final EIR prior to adopting this Resolution. Section 3. Adopt the Mitigation Measures and the Mitigation Monitoring Program identified in the Final EIR. 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 27"' day of April, 1999. Resolution No. Page 3 of 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED AS TO CONTENT: ROBERT L. HUNT, 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 APPROVING AAAENDMENT OF THE GENERAL PLAN LAND USE ELEMENT AND THE GENERAL PLAN MAP; GENERAL PLAN AMENDMENT 97-004 (APPLICANT: GARY YOUNG) WHEREAS, the appiicant, Gary Young and Associates, has submitted an application to amend the General Plan Map to designate the project site area, described on Exhibit A to this Resolution, as Rural Residential (RR), allowing a density of one unit per acre; and WHEREAS, amending the General Plan Map as requested would establish land use, development and design standards for the above described area; and WHEREAS, on March 30, 1999 the Planning Commission, following a duly noticed public hearing, recommended that the City Council certify the Environmental Impact Report prepared for the Village Glen Annexation; and WHEREAS, the City Council of the City of Anoyo Grande has reviewed the application for General Plan Amendment 97-004 at a duly noticed public hearing on April 27, 1999, in accordance with the Development Code of the City of Arroyo G~ande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberadon, and public hearing, the following circumstances exist: Annexation Findings 1. The proposed annexation will not impact the amount of water resources available elsewhere within the City; 2. Clear compatibility exists with the community's basic identity as a rural, small town community; the goals and desires of the people and the City of Arroyo Grande as a whole; and with the community's existing avaiiable resources; 3. The proposed general plan amendment is consistent with goals and objectives of the General Plan, particularly in regard to protection of agricultural and open space lands, and will not result in any internal inconsistencies within the General Plan.; 4. Significant benefits will be derived by the City upon annexation; 5. Adequate infrastructure and services have been or can be economically provided in accordance with current City standards; 6. The proposed annexation will generate sufficient revenues to adequately pay for the provision of City services; Resolution No. General Plan Amendment 97-004 Page 2 of 3 General Plan Amendment 7. The potential environmental impacts of the proposed General Plan Amendment are insignificant or can be mitigated to a less than significant level as identified in the Village Glen Annexation Environmental Impact Report; and 8. The proposed amendment will not adversely affect the public health, safety, and welfare. 9. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan and will not result in any internal inconsistencies within the plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approves an amendment to the General Plan Land Use Element and General Plan Map by designating the project area as Rural Residential. On motion of Council Member , seconded by Cauncil Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 27`h day of Aprit 1999. Resolution No. General Plan Amendment 97-004 Page 3 of 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED AS TO CONTENT: ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEI, ClTY ATTORNEY / ~ . ~ EXHIBIT A ~ . 0.,~~'j ' ~ \ / . f ' ~ County: Residential Suburban ~ ` , ; ` , . . ` ~ ~ ~ - - ~ , (Rural Reside~tial: 1 DU per gross acre) , ~ ~ _ ~ f , ~ s~~ * i ~e \~/r • ~ ; J - ~ _ ~ , ~ \ , }r _ /f ~~r , r ! ~ ~C_ ~ ~ ' . . ' ~ ~ ~ . ^ C ~ ; _ , ` ~ ~ ~ ` ' ~ ' . t ~ ~ `'--s ' J z:.~ ~ , , ; ` ~ (n~ r"~ ~ ~ ~nr= I r:~.;~ ~ ~ 'i ~ / ~ ' 1 ~ l ; 1 ~~~~x~~ % T ~ ~ . ~ ~ ~ ~ , ' „r~,/ ~ V „s t ~ ~ ~ ~ •.~s ~ ~;t~~t<< ~'~~iF~~ E ` ~i i r~ ,.a ~ ~ ~ ~ - ~ ' ' / ; 1 ' ' ~ r ' ~ ~ ~ ~ f ~~~t • ~ ~ i / ~ ~ ~ ~ ~ `;~;''a ~ ~`J i ~ ' ' % . S: ~ s. ~ ~ % . ^ / ' ' ' ' "V ~ 1 t ~ ~ v'`~°F^ % ~ ~ a ! ~ ,f c ~ ~ j 3 ~ ~ e ~f^~ ~ , ~ ~ ~ ~ ~ /j~ ~ ~ ~ u`~~~' a~ ~ ~ -t_-___. ~ Vr .7 i • V e / ^ • ~ ~ ~ I ~ ~ / ~ h s,~ ~ .i l = g~~``~ • sa. ~ ~ ~ a+ i .`\`(V;\~~~ _ ~ tV i ~ ~ , ~ 1 ~ . ~ ~ ~ D -J ~ ~ _ _ = ~ , ~ 1'~ . ! ? _.Y _ ~ ~ ~ ` . : \ ~ ' ~ T O e y:y ; t ~ I _ :1 ~ ~ ~ \ ' ~~d ~ _ \ ~ f,~..T ~ a~~. ~~t u" _ , ~ 1 ~ • .r.~~= - ~.~3~~ ` ~ • S ` ~ v~'~ /~'~,~V ; `~5~.~~' ~ ~ ~ _'y~-- ' \i ~ ~ ` ~ 1 i ; ` ~'-~ei- ; 4 I '~d~` ` ` , ~n~ ~ t ~ ' ` il ~rE." . e= ' _ . ~ ! 4' _ ~:,1'~' ` ~ . ~ ~h..-.F_ i'f• ~ '1 'i r ~ - ~ j'~~~~ f/~ f, "roj~` ` ` _ _ I !~r ? • ~ Z. ` ` ~ / .~m.~ _ - ~[~e-_/'v :~'d ' ` \ ~ _ - j,~~ ~ : ~ _ \ ~ ~ ~ 4~ - ; ~x---~: . 1 -y' t ; 1 \1,i . / ~ . •~t~. t ~ ~i ' ~ ` ~ ,r.i~~ _ i ; ( \ j t ~ ~ ~ ' ~.~.1..`r" ` ` ~ ~ l ; , ~ ~_,a~~ ~ ~ i~ ~ ~ - ~ ~ .t~~\ _ ~ ~1~~ ~-~`i ~ 11.~`f'~G•y~:is ~ i i~~ ~ - , . G E. `V ~+i~ ~ P L~~~ t"'~~ ~ l~ ~ M ~ ~0 4 ~ i L ~ ~ t ~1 s ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 97- 009 (APPLICANT: GARY YOUNG) THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Arroyo Grande Zoning Map indicates that the area identified in the attached Exhibit A, located north of James Way, is located in the unincorporated area of San Luis Obispo County; and WHEREAS, the applicant, Gary Young, has filed Development Code Amendment 97-009 to amend the Zoning Map designating the project area as Rural Residential; and WHEREAS, adoption of the proposed zoning would establish land use, development and design standards for the above described area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 97-009 at a duly noticed public hearing on March 30, 1999 in accordance with the Development Code of the City of Arroyo Grande at which time all irrterested persons were given the opportunity to be heard, and has recommended that the City Council adopt the requested amendment to the Zoning Map; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 97-009 at a duly noticed public hearing on April 27, 1999 in accardance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Based on the information contained in the staff report and accompanying mate~ials, the proposed Development Code Amendment amending the Zoning Map is consistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan. 2. The proposed Development Code Amendment amending the Zoning Map will not adverseiy affect the public health, safety, and welfare or result in an iltogical land use pattem. _ 3. The proposed Deve~opment Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code. Developmerrt within the Vllage Glen Annexation area would be required to meet development and design standards that insure orderly development and a unique and aesthetically pleasing design. Ordinance Na Page 2 of 3 4. The potential environmental impacts of the proposed Development Code Amendment are insignificant or can be mitigated to a less than significant level as identified in the Village Glen Annexation Environmental (mpact Report. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, California hereby approves Development Code Amendment 97-009 amending a portion of the Zoning Map as follows: SECTION 1: Development Code Section 9-01.080 (B) also known as the "Zoning Map of the City of Arroyo Grande" is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 3: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Determination. SECTION 4: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council members voting thereon, in a newspaper of general circulation within the City. SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this 27"' day of April, 1999. Ordinance No. Page3of3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES APPROVED AS TO CONTENT: ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, C1TY ATTORNEY - EXHIBIT A \ 4.~~~'+' ~ ~~1.~ i ~ / ~ ~ County: Residential Suburban ~ ~ • ~ ~ ~ ; Proposed RR , (Rural Residentiai: 1 DU per gross acre) ~ ( f ~ ~ . / ~ , f t~ _ ~ . ' : ; . 4 *t~ _ ~r~i• ~ 1 AC_ . \ : ~ ~ ' • ' ~ ~ ~r z ~Q ~ 1 ~ . ~ ~ ~ ~ ~ ~ . L ~ / j j~ ~ ~ _ / - Z.A.~r .i ~ ~ , ~ ~ 1; l ~ ~ / ` v .t ~:}i~ ~ " ~ f ' ~ 1 ~ ~ u~ ~f_ . ' E, ~ ' _ l j ~ ~ ~ ~ 1 ~ ` ~I 1~ •+~```44~~ ~ ~ ! ~~r~ f ~ / J~~v~ ' / ( ~ \ .~~,'1 1 ~ 4 , i f ~ • ~ - ~ ~ „'t. f ~ ~ -~:5: ~ A f , ~ ~ ~ ' ~ " ~g~ ' ~ ~ ~ ~ ! ~ _ ! `.~:.r. ` ~ .L / ~ . ~ ~ ~ ~ r ~ / ~ ~ ~ .~~j`~~~ r ~ ~ ~ ~ ` 1 ~ ~ ' ~ ' , . ~ ~ ~ i , ~ ~ ~ ~ ~ I - ~ ~ ~ a D ,1 a - . ~ ~ ~ - P D , ~ ~ ~ E ~%y'~ ~:s~ P D ~ - - • .~Li~ ~ , l i~ ~ (/u~ r p ~ ` \ : _ ~ ; t , , . ~ . _ _ ` . ` l ~ : = i. . ~ ~ ~ ~ t ! • 'i ~v y~ ~ ~ . S :~l ~ ~ ~ ~ t it! ~2~ ~ ~ K•• j~ ^ ~ ~ t ~ i ~ f'r1 . ~ ~ ~ ~.~..r 'f • . . _ ~ ` ' ~ ~ ! ,r~ ? _ ~jR`` t ~ t t • / y \ ~ Y! ~ ` y. ~ 1 1 ~ ~ ~ / //~~\``;'Y ~ ~ ~1i { t { l,/`/ ~ ~ { r 1 ' ~ ~ ~ ~ ~•````~~'r ` ~ 1. 1 ~ ~ ~ t ~ ~ f \ \ \ ~ i ~ ~ - ~ l " 1 1 ( ~ ~ ~ . ~ ~ ~ ~ j ~ ~ ` V/ j t _ ' t, Cy _ ~ ' t ~ ~ a~~ ~ ~ ~ ~j ~,`r•~~~jJ ~ ~ •i ~ . S V \ \ ~ 2 ~ \ Y.' i~~ ' 1 ~ S ~ / 1 ~'~i ~ ~ ' Z ~ ~ ~ i " - , . 1 ' ~`.y ` ' y~ :L ~ E~' ~ a,a. ~ ~ -~v ° ~ ~ ~ ~ ~ _ ~i ~c`~``~ ~ ~ i 4 , - F - . _ ; ' `•_G''' ~1~' ~~`4 y ~ • ~ ~i ~ `~'k''~ . . \ ' ~ E ' ~ ;~;f;~ ~ , . • ~ `'i ~ ~ • t; L . . ~ i _1~~ _ - ~ , D~V ~LO Pl~l~-1~1 T Gt~qE aM 1~NY~ N1~S'~ 9~-00~ ~~G~h~ j`; 1~1r~~ ~ p,RROYO ~ c~P ~ INCORPOAATE 92 Hearing date: March 30, 1999 " " ATTACHMENT A Agenda Item No. il. A 1~ JU~Y 10. 1911 * C,~~FORN~P PLANNING COMMISSION HEARING TO BE HELD IN THE CITY COUNClL CHAMBERS 215 EAST BRANCH STREET APPLlCANT: GARY L. YOUNG AND ASSOCIATES FiLE/INDEX: Village Glen AnnexationlTract 2265 1. Certification of Environmental Impact Report 2. General Plan Amendment 97-004 3. Development Code Amendment 97-009 4. Vesting Tentative Map 2265 (Future Agenda) 5. Planned Unit Development 97-56 (Future Agenda) PROPOSAL: Recommendation to City Councii Regarding Requests To: 1. Certify that the Vllage Glen Annexation, Tract 2265 Environmental Impact Report has been completed in compliance with the Califomia Environmental Quality Act (CEQA). 2. Amend the General Plan to designate the project site as Rural Residential (RR). 3. Amend the City Zoning Map to prezone the project site as Rural Residential (RR). LOCATION: The projec~ is located north and east of James Way, adjacent to the northem city limit in unincorporated County lands. See Exhibit 1, Location Map. REPRESENTATIVE: Garry L. Young Hearing Notices sent on March 19, 1999. Staff Report Prepared by Tom Buford. ~ Site Inspection by Jim Hamilton, AICP and Tom Buford on March 23, 1999. Parcel Size: Annexation area is 86 acres. The applicant has proposed a Tentative Tract Map 2265, which would encompass 64 acres of the project site. The tract map would cfuster 58 residential lots on 33.76 acres, and would create one open space parcel of 30.24 acres. Planning Commission Staff Report Re: ~llage Glen Annexation Mai'ch 30, 1999 Page 2 of 16 Terrain: The proposed annexation area straddles a ridge, sloping upward from James Way towards the north. There is a steep siope on the eastside of the ridge, which combined with a ridge from the north, forms a small canyon in the upper middle of the property. Vegetation: There are several vegetation types on the property. The site has been grazed by cattle over many years, so that native vegetation has been almost completely removed. The present vegetation consists primarily of introduced annual grasses and forbs. There are also stands of mature coast live oaks, primarily along the northem edge of the annexation boundary. There are few young oaks, and most of the understory has been replaced by introduced annual grasses. Two species of lupine have been observed on the site, the blue lupine and the tree lupine. Existing Land Use: The annexation area has five existi~g residences. Four of these are located outside of the proposed Tentative Tract 2265. Existing General Plan Designation: County of San Luis Obispo: Residential Suburban Existing Zoning Designation: County of San Luis Obispo: Residentia( Suburban Proposed General Plan Designation: Suburban Residential ~ Proposed Zoning Designation: Suburban Residential Surrounding Land Use2oning/General Plan Designation: North: Residential Suburban (County), with lot sizes averaging 2.5 acres East: Rural Residential (City), with lot sizes of approximately one acre within the City limits South: Existing residential (Royai Oaks P. D. 1.3) within the City limits; southwest comer of anAexation area adjacent to open space lot. West: Existing residential uses within the City limits zoned RE (Residential Estate) with lots approximately 2 to 5 acxes in size, and residential Planned Development (Tract 1834 -east), currerrtly undeveloped, with planned iot sizes of 12,400 square feet to 26,000 square feet. Planning Commission Stai~ Report Re: Village Glen Mnexation March 30, 1999 Page 3 of 16 RECOMMENDATION 1) Adopt a resolution certifying that the Final Environmental Impact Report prepared for General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Map 2265, and Planned Development 97-56 has been prepared in compliance with the Califomia Environmental Quality Aet and the C~ty of Arroyo Grande's CEQA Implementing Procedures; and 1) Approve Gene'ral Plan Amendment No. 97-004, thereby amending the General Plan Land Use Diagram and designating the property Rural Residential; and 2) Approve Development Code Amendment No. 97-009, thereby amending the City's adopted Zoning Map and prezoning the property Rural Residential (RR), preliminary to annexation the property. If the Planning Commission takes other action, stafF will retum with the appropriate resolutions for adoption by the Planning Commission. FUTURE PROJECT ACTIONS The Commission's review of this project will include finro additional discretionary actions, neither of which is before the Planning Commission at this time: ? Approve Vesting Tentative Tract Map No. 2265 to create 58 residential lots, and 1 lot of 32.17 acres in size. Lot 59 would include a designated building area of 1.93 acres, with the remaining 30.24 acres in a designated open space easement. ? Approve Planned Unit Development 97-563 to allow clustering of the 58 residential lots. The applicant has submitted an application for approval of Tentative Tract Map 2265, which would include approximately 64 acres of the project site. However, the applicant has recently revised the plans for Tentative Tract 2265, and has re- submitted such plans to City. The most recent set of plans was received February 26, 1999. Several of these modifications resulted from comments received during the Draft EIR Public hearing. Therefore, the Tentative Tract Map is not before the Planning Commission for decision at this time. The applicant is in the process of preparing and submitting a grading and drainage plan, and elevations of the proposed residences required for the Planned Development approval. When these materials have been received, review witl-be scheduled before the Architectural Review Committee (ARC), and Staff Advisory Committee (SAC1. Once the recommendatio~ of the ARC has been received, it ~ would be forwarded to the Planning Commission, and consideration of the proposed tentative tract map would be scheduled before the Planning Commission. Planning Commission Staff Report Re: Village Glen Annexation March 30, 1999 Page 4 of 16 RELATIONSHIP BETWEEN DISCRETIONARY ACTIONS The applications before the Planning Commission at this time, if approved by the City Council, would allow the applicant to pursue an application for annexation before the San Luis Obispo County Local Agency formation Commission (LAFCO). LAFCO would consider the application based, in part, on the City's zoning of the project site as Rural Residential (RR). If the application for a tentative parcel map and planned unit development permit were ultimately approved, they would control the developme~t of the portion of the site included in those applications. It is possible, however, that the City would eventually deny these applications, or that the applicarrt would withdraw them. In that case, assuming LAFCO approval of the annexation nequest, the project site would remain zoned as Rural Residential. Any later proposal for subdivision would be required to follow the application procedures for a tentative parcel or tract map. BACKGROUND Proiect description: The proposed project includes a request for the City to annex 86.3 acres north of James Way, and prezone the property Rural Residential (RR). This would include an amendment of the Land Use Diagram of the General Plan, designating the property Rural Residential. This land use designation would allow a density of one residential unit per gross area, co~sistent with the RR zoning. Approval of the General Plan and Developmerrt Code amendments as requested, would change the Land Use designation from Residential Suburban (County) to Rural Residential, and rezone the property from Suburban Residential (minimum lot sizes 2.5 acres to 1.0 acre if on community water or sewer) to Rural Residential (density of one residential unit per acre). In effect, the site is `pre-zoned" to advise the applicant and others of the intended zoning to be applied by the City if annexation of the site occurs. The revised tract map (Tract Map 2265) wouid subdivide approximately 64 acxes of the annexation area, creating 58 residerrtial lots ranging from 14,214 square feet to 53,702 square feet in size; and cxeating a single lot containing a 1.93 acre building site, and a 30.24 acre open space easement (Lot 59). The Planned Unit Development request would permit clustering of residences on lots below 40,000 square feet in size. Access to the project is proposed at two locations on James Way. The circulation system consists of a local street (36-feet paved in a 60-foot right-of-way) and two short cul-de-sacs. The 11.25 acre parcel southwest of Tract 2265 could potentially link the Rodeo Drive cul-de-sac to a street stub-0ut within the tract. Lot 59 would continue to have access from Canyon Way. ~ Planning Commission Stat~Report Re: Village Glen Annexation March 30, 1999 Page 5 of 16 ~ Proiect Location The project site is located on the northem edge of Arroyo Grande outside the City limits (see Map 1 Vicinity Map). Map 2-Annexation Area shows the site and surrounding property pattem. To the north, large lot residential land uses are located on Printz Road. To the east, in the City of Arroyo Grande, developed residential areas exist on Canyon Way. To the south, single family residential developments occur along James Way. To the west, large lot residential development exists on Easy Sfreet, which is within the City limits. Annexation Area The annexation area is approximately 86.3 acres in size (see Map 3- Annexation Properties), and Tentative Tract 2265 comprises about 64 acres of the area. The proposed annexation area includes Tentative Tract Map 2265 and five other parcels under various ownership, as shown on Table P-1 below. There are six (6) existing residences within the annexation area. The City of Arroyo Grande surrounds the project area on three sides, and annexation of the property would be consistent with LAFCO poliaes requiring that annexations be logical in character. Table P-1 Annexation Area Ownership and Acreage Parcel Name ~ Address Size Number 47-132-5 Mrs. Jean James 11.0 ac. and 17 765 James Wa , A. G. 47-132-08 Tarvin C. and Paula B. 2.5 ac. Clark 352 Canyon Way, A. G. 47-132-09 Allen L. and Ramona 2.5 ac. Logue 356 Canyon Way, A. G. 47-132-10 Zenis and Helen 3.0 ac. Walley P. 0. Box 276, A. G. 47-132-14 Richard J. and G.L. 3.0 ac. - Brekke 390 Canyon Way, A. G. . Lots not included in Tract 2265 would be eligible for connection to city water and sewer service, as well as other city services such as police, fire, after annexation. These Planning Commission Staf~ Repat Re: Village Glen Annexation Mar~ch 30, 1999 Page 6 of 16 parcels couid subdivide in the future into smaller lots down to one acre. Aithough the proposed zoning would alfow one acre lots, it is not Gear that the three parcels in the northeast corner of the annexation area (about 8 acres) are suitable for subdivision into one-acre lots due to topography, oak trees, the location of existing homes and appurtenant driveways and improvements. The parcels in the southwest comer of the annexation area totaling about 11.25 gross acres might feasibly be subdivided to about 11 lots. Therefore, those areas not in Tract 2265 would add five existing houses, and could add 10 to 17 potential new residences to the City, subject to City approval, if annexed. PROJECT HISTORY The following chronology highlights the history of the project: DATE EVENT June, 1995 Applications for annexation and tentative tract map file Owner. Robert James, et al. July 21, 1995 Application deemed incomplete August 3, 1995 Application re-submitted September 1, 1995 Application deemed complete October 3, 1995 Staff Advisory Committee review October 8, 1996 Staff Advisory Committee review November 30, 1998 Notice of Completion of EIR (SCH # 98071100) January 5, 1999 Planning Commission hearing for public comment on draft EIR January 18, 1999 Close of public comment period on draft EIR PROCEDURAL REQUIREMENTS CEQA Review The Califomia Environmental Quality Act sets forth-spe~c procedures for evaluating and disclosing the environmental effects of proposed activities. The City has adopted local °implementing procedures" to provide objectives, criteria, and procedures for the ~ orderly evaluations of projects pursuant to the CEQA Guidelines. Section 9 of the City's Implementing Procedures sets forth the steps to be followed in preparing and reviewing Environmental Impact Reports. P/anning Commission Statf Repoif Re: ~llage Glen Annexation March 30, 1999 Page 7 of 16 The °decision making bod~' for the project (in this case the City Council), must certify that the CEQA process has been completed, and that significant environmental impacts created by the project have been mitigated where feasible, before approving the project. The Planning Commission's role is to make a recommendation to the Council on the adequacy of the environmental document in meeting the CEQA requirements. General Plan Amendments Section 9-03.020 et seq., of the Development Code sets forth the procedural steps to be followed in reviewing requests for a General Plan Amendment. The Planning Commission must review such requests for consistency with the goals and objectives of the General Plan, and must recommend by resolution to the City Counal that the proposed amendment be approved, approved in modified form, or disapproved. Specific findings are provided to aid the Commission in making a recommendation to the Council. amendments to Zonina Districts Section 9-03.040 et seq., of the Development Code sets forth the procedural steps to be followed in reviewing requests for amendments to Zoning Districts. The Planning Commission must review such requests, and must recommend by resoiution to the City Council that the proposed amendment be approved, approved in modified form, or disapproved. The purpose of the Commission's recommendation is to ensure consistency between the Development Code and the General Plan. Spe~c findings are provided to aid the Commission in making a recommendation to the CounciL Annexation Annexation is a tenn used to describe the attachment or addition of territory to a city or special district. An annexation results in a change to a political boundary line between a city and a county. Annexation may affect the level and responsibility for certain public services being provided to residents, busi~ess owners, and property owners within the affected territory. In California, the annexation of territory to a city or district is govemed by the State Govemment Code. These state laws were established "to encourage orderiy community growth and development which is essential to the social, fiscal, and economic well-being of the state". These state laws also establish special boards to review and approve all annexation proposals within each of Califomia's 58 counties. These special boards are called °local agency formation commissions" or LAFCOs. In our county, the San Luis Obispo County Local Agency Formation Commission must review and authorize ail annexations. In order for LAFCO to consider an annexation request, the Arroyo Grande City Council must first approve the request. Typically, the property will be "prezoned" by the Council before the annexation request is submitted to the County LAFCO by the applicant. Prezoning identifies the zoning district that will be applied to each property, if the territory is ultimately annexed to Arroyo Grande. The Planning Commission's affirmative Planning Commission StalT Repat Re: ~llage Glen Annexation March 30, 1999 Page 8 of 16 (or negative) recommendation in regards to the Generai Plan Amendment and Prezoning request, serves as the Commissions recommendation. GENERAL PLAN CONFORMITY The General Pian for the City of Arroyo Grande contains provisions that relate to annexations and extensions of City services. The following policy and impiementation actions concern the findings that must be made in connection with such a request: 10.1 Permit the annexation of unincorporated areas within the General Plan study area when consistent with the general plan in limited circumstances. Implementation Actions: a. Require all of the following findings to be made prior to permitting annexations: • The proposed annexafion will not impact the amount of water resources available e/sewhere within the Cit}r. The total projected water demand for the proposed project is estimated at 53 acre-feet per year (afy). This corresponds to a well output of 33.2 gallons per minute (gpm}. (EIR p. IV-E5). The EIR concluded that the minimum well capacity that should be shown to serve the proposed development is 45 to 50 gpm. The applicant has proposed supplying water for the project by the constn.iction of a new water supply well, located approximately one mile west of the project. The new well, located at the intersection of Deer Trail Circle and Equestrian Way (the °Deer Trail well°), would be dedicated to the City by the applicant. The City would be responsible for serving the project following annexation, with the installation of water meters. The Deer Traii well would extract water from a deep aquifer zone in the Pismo Foundation. The Deer Trail well would draw from a different aquifer than that over which the project is located. Cleath & Associates tested the Deer Trail well site, and a report submitted dated July 3, 1998. The Cleath report concluded that the Deer Trail well would be capable of producing a continuous discharge of 100 gpm. The EIR took outpu# from the City's Oak Park well into account, and concluded that production from the Deer Trai( well couid be half of that forecast by Cleath. This quantity would be sufficient to satisfy output requirements-#or the wetl. Cleath concluded that the aquifer is not in a state of overdraft. (Cleath, p. 5) The water quality of the Deer Trail well is unknown. Based on the water quality of the City's Oak Park we(I, which taps the same aquifer, it is likely that the water will contain elevated concentrations of hydrogen sulfide, manganese, and iron. Water quafity testing would be required if the well were brought on fine and proposed for use in the City's Planning Commission Staff Report Re: ~llage Glen Annexation March 30, 1999 Page 9 of 16 water supply. Presence of the above minerai, or certain other constituents, wouid require treatment at the well head prior to use. The Final EIR discusses groundwater resources on pages IV-E1 to IV-E11. The EIR proposed mitigation measures to respond to environmental impacts concerning groundwater withdrawal, well interference, and water quality. The EIR concluded that with incorporation of the mitigation measures, residual impacts would be reduced to less than significant levels. Even though the EIR reached this conclusion, the City must determine whether the applicant's manner of satisfying the project demand for water is consistent with City policy. The EIR noted: The City must make a policy decision regarding the feasibility of incorporating and operating jaJ /ow-producing water we/l with water nequiring wellhead treatment into the municipal water supply system. Typically, wells that produce the volume of water expected from the Deer Trail well are significantly more expensive to maintain and operate than larger production wells located c/oser to the main supply grid. This issue becomes parficula?iy relevant because the Deer Trail well will like/y require wellhead tieatment, and because it will interiere, albeit in a relative/y minor fashion, with operation of the existing Oak Park well. A/though the new well is expected to provide the City with a quant;ty of water at least equal to the vo/ume of the project demand, the new well will not necessarily improve the City's water supply capability, except for creating rredundancy in the system by essentially creating a backup well for the Oak Park we1l.(EIR p. IV-E8) To address issues of timing, quality, and quality, specific mitigation measures have been included in the EIR and will be made conditions of approval for any subdivision approvals. The issue of operational costs to maintain and operate the well are poiicy issues requiring a determination by the City Council. Altemative measures that provide equal mitigation. could also be approved by the City before acceptance of the Deer Creek Well. • C/ear compatibility exists with the community's basic identify as a rural, sma// town community; the goa/s and desi~es of fhe people and the City of Arroyo Grande as a who%; and with the community's existing availab/e resources. James Way serves as one of the main thoroughfares for residential developments in the foothills surrounding the City. The annexation proposal would incorporate into the community one of the few remaining County parcels having frontage on- James Way. Upon annexation the project area would be zoned consistent with the City's Rural Residential District which establishes development standards consistent with the Community's basic identity as a rural residential area. This designation is also consistent with the land use and zoning designations of adjacent properties. Planning Commission Staff Report Re: Village Glen Annexation March 30, 1999 Page 10 of 16 The applicant has applied for approval of a tentative tract map for the parcel. Although the map is not before the Planning Commission for consideration at this time, the tract map would provide guidance conceming the character and extent of future residential development on the site. Annexation would provide the City with land use authority over development of the parcel. Incorporating the parcel into the City would atso provide the City with an income stream from the property, in the form of real property taxes and other assessments, that would not be present if the property were developed as an unincorporated area. The extent to which income offsets the cost of providing services is analyzed in the fiscal impact study. Annexation and development of the parcel would be consistent with previous development activity in the James Way vicinity. The City, through conditions imposed on the tentative tract map approval, could control to some extent, the character, extent, and intensity of development on the site. This would be consistent with the desire of community residents to have a significant role in planning for the future of the community. • The proposed annexation is consistent with goa/s and objectives of the Genera/ Plan, parficularly in regard fo protection of aqricultura! and open space lands. The project site is within the county~iesignated urban reserve line (URL) for the City of Arroyo Grande. This is analogous to the sphere of influence, because it identifies the area for future urban and suburban growth within the next twenty years. Framework for Planning, which is Part I of the County's Comprehensive Plan Land Use Element, contains public service policies for maintaining a distinction between rural and urban development by requiring extension of urban services to areas within the URL, and restricting the extension of such services beyond the URL. The primary purpose of the policies in the County's Comprehensive Plan is to enhance the pattern of identifiable communities and to discourage premature intensive development in areas without infrastructure required to serve such development. Related to these policies is the general goal of encouraging the phasing of urban development, first using vacant or underutilized parcels as °in-fill' parcels and other properties adjacent to existing development. San Luis Obispo County Department of Planning and Building has advised LAFCO, by ._memorandum dated August 27, 1995, that it views the annexatian of the project site favorably. The memorandum (Attachment 7), comments on the various urban services that could be provided to the site if annexation were to occur, and that woutd otherwise be provided either on an individual basis (e.g. septic systems, water wells) or occur in a less carefully planned manner (e.g. drainage). Planning Commission Staff Repoit Re: Vllage Glen Mnexation March 30, 1999 Page 11 of 16 Tract Map 2265 proposes ciustering of residential lots within the annexation area for the purpose of p~eserving large areas of open space and reducing development impacts. This design would be consistent with General Plan Land Use Objectives and Policies 2.1 a., -e., 6.3 e., -g; 7.1 d.; • Significant bene~ts will be derived by the City upon annexation. The fiscal impact analysis conducted by Crawford, Multari & Clark has examined and analyzed the costs and benefits of the annexation proposal consisterrt with the guidelines established by the City. The analysis, dated October 1, 1998, is attached to the Final ElR as Appendix E. The report updated a previous report for the same site conducted in August, 1996. The fiscal report concluded: Like the ana/ysis trvo years ago, this update suggests that the proposed annexation will provide modest fiscal benefits fo fhe Cify of Arroyo Grande. !f the development were (toJ be constructed under County jurisdiction, the City could expect to incur service costs in excess of revenues. (Fiscal report, pages 3-4) The report concluded that net revenue per residential unit with annexation would be $140.00 per year; if the property were developed in County jurisdiction, the net loss per residential unit would be $179.00 per year. • Adequate infrastructure and services have been or can be economically provided in accordance with cument City standards. The applications before the Planning Commission for consideration at this time include only the General Plan Amendment and Development Code amendment. These actions, by themselves, would have no fiscal impact on the City, and would require no additional infrastructure or services not already provided to the project directly (roads), or indirectly through mutual aid agreements for police and fire services. As previously stated, the project area is surrounded on three sides by the City limits. In addition, the City provides service to this area under current mutuai aid agreements. As identified in the Fiscal Analysis for the project, revenues collected from the proposed tract will exceed service costs provided under current city standards. (See table - Fiscal Impact Summary, pg. 4) If approved, these applications would enable the applicant to seek annexation through the San Luis Obispo Local Agency Formation Commission. The applicant is pursuing an application for Tentative Tract 2265, and a planned unit development designation, projects that would have a demonstrable impact on infrastructure and service~s. Mitigation measures and conditions of approval for development of the property, will require that development costs and ongoing services will be funded by the project applicants or future residents. P/anning Commission Staff Report Re: Village Glen Annexation March 30, 1999 Page 12 of 16 In discussing the findings required by the General Pian, staff has evaluated not only the annexation request itself, but the proposal put forth by the applicant conceming the likely development of the site. The project analyzed in the EIR and fiscal impact study inGuded 63 residential lots, and one lot subject to an open space easement. Fire: The City maintains a fire department consisting of forty volunteers and a full-time, paid fire chief. The fiscal impact report noted that insuring an adequate levei of response is sometimes di~cult with a volunteer-based department. Average response times in the City are approximately 12.6 minutes for fire, and eight (8) minutes for medical emergencies. The project site is, and will be, accessible via established and improved roadways, and response times would be similar to the established standards. The City has not adopted standards for staffing and response times for fire protection. Nor has the City adopted impact fees to cover the cost of additional facilities that might be needed due to development. The City conducts an annual review as part of the City Council's budget process. This procedure would be used to determine the requirements for additional staffing and facilities that might be needed to serve the proposed project as well as other areas of the community. Police: The City Police Departme~t is currently staffed with 23 full-time swom personnel, 16 of which are in uniformed service. The department also employs 8 auxiliary officers who work part-time. As with the Fire Department, the City has not adopted standards for st~ng and response times for police proteciion services. Nor has the City adopted impact fees to cover the cost of additional capital facilities that might be needed due to development. The City conducts an annual review as part of the City Council's budget process. This procedure would be used to determine the requirements for additional staffing and facilities that might be needed to serve the proposed project as well as other areas of the community. Solid waste: Solid waste collection and disposal is provided to the project site by South County Sanitary Service, Inc. Sotid waste is hauled to one of the several landfills located in San Luis Obispo County. Cold Canyon Landfill serves the City and is located approximately nine miles southeast on Highway 227. The landfill has a remaining capacity of approximately twenty years. San Luis Obispo County and City of Arroyo Grande have prepared a long-#erm waste management plan that contains goals for waste reduction and recycling. Development within the annexation area would be subject to all requirements contained within the plan including mandatory recycling and greenwaste collection. The E1R prepared for the project concluded that there is adequate capacity for solid waste disposal to accommodate the proposed project. Planning Commission Staff Repo~t Re: ~!lage Glen Annexation March 30, 1999 Page 13 of 16 Wastewater. The project area lies within the boundaries of the San Luis Obispo County Sanitation District. The District operates a wastewater treatment plant in the community of Oceano that serves Arroyo Grande and surrounding communities. The treatment plant, which is licensed to treat 5.0 million gaAons of effluent per day, is projected to meet the demand for sewer service within the District through the year 2015. The EIR and fiscal study analyzed the projected demand for sanitary sewer service from the proposed project, and noted that the project demand of 16,589 gallons per day would constitute approximately 0.75°~ of the remaining capacity of the treatment plant. The study concluded that there is adequate wastewater treatment plant capacity to accommodate the project buildout. Schoo/s: The project lies within the Luaa Mar Unified School District. The District provides primary and secondary education in southem San Luis Obispo County. The District is currently charging an impact fee for new residential construction. The District has reached agreement with the appiicant regarding the impact fees to be charged, and has indicated that the District is satisfied that impacts of the proposed project on the school system have been fully mitigated. The School District is the "Responsible and Trustee Agenc~' designated by CEQA with the authority to determine the adequacy of mitigation measures required to address the impacts created by the project. Parks: The City maintains and operates a system of parks, and also operates recreation facilities and programs. The City Parks and Recxeation Element of the General Plan seeks to establish and maintain a ratio of four acres of developed parkland per 1,000 population. To achieve this objective, the City employs provisions of the Subdivision Map Act that allow local govemments to require the dedication of land, and/or the payment of money in the form of in-lieu fees. The City has adopted an implementing ordinance, and assesses and collects such fees. Collection of the in-lieu fee is considered sufficient to offset the additional demand for parks that would result from project buildout. Traffic: The project analyzed in the EIR and traffic study conducted in connection with the project included 63 single-family residences. The applicant has since reduced the number of lots in the subdivision. The analysis here is based on the project reviewed in the EIR. The traffic study analyzed the impact of project tra~c on the foilowing intersections: ¦ Brisco Road/W. Branch Street/U.S. Highway 101 Northbound ramps ¦ East Branch Street/Traffic Way ~ ¦ East Branch Street/West Branch Street/Grand Avenue ¦ Grand Avenue/U.S. Highway 101 interchange (2 locations) ¦ EI Camino Real/Halcyon/U. S. Highway 101 southbound ramps Planning Commission Staff Repat Re: Village G/en Annexation March 30, 1999 Page 14 of 16 ¦ Rodeo Drive between James Way and the intersection of the proposed Grace Lane extension. The traffic study first reviewed the volume of traffic that would be generated by the project, and the distribution of that traffic on area streets. Based on trip generation rates contained in the ITE Trip Generation reference (6~' Edition, 1997), the study concluded that the project would generate 602 new daily trips, with 64 p.m. peak hour trips. Distribution of these trips to area streets was based on existing traffic pattems, location of employment and shopping destinations, and the consultant's knowledge of travel pattems in the City. Once project-generated trips were distributed to area streets, the traffic study calculated the intersection levels of service that resulted, compared to existing service levels. The City's minimum level of service standard is LOS C, with LOS D acceptable on a short- term basis provided there is an improvement identified that will provide a minimum LOS C when the improvement is completed. The study concluded that levels of service on the study area intersections for existing plus project traffic were at LOS C or above. See Table 1, below, Column (2). Table 1 LOS Table for Traffic Scenarios ~2) ~3) ~4) Intersection Existing Existing plus Baseline Baseline LOS Pro'ect LOS LOS Plus Pro'ect Brisco Road/V1/. Branch SUU.S. 101 NB Ram 0.46/A 0.46/A 0.861D 0.87/D EI Camino Real/ Halc on/U.S. 101 SB Ram 0.48/A 0.48/A 0.72/C 0.73/C E. Branch St/Grand Ave/Traffic Wa 0.688 0.68/B 0.78/C 0.78/C E. Branch St/W. Branch St/Grand Ave 0.40/A 0.40/A 0.57/C 0.57/C Grand Ave/NB U.S. 101 ram 0.56/A 0.56/A 0.63/B 0.63/B Grand Ave/SB U.S. 101 Ram 0.55/A 0.551A 0.64/B 0.64/B The study also analyzed baseline traffic conditions. These are determined by adding in the vehicles trips generated by approved and proposed projects within the City. (See Table D3, EIR, page IV-D5.) P/anning Commission Staff Report Re: Village Glen Annexatan . March 30, 1999 Page 15 of 16 The report concluded that baseline trips could add 32,547 daily trips, and 2,999 p.m. peak-hour trips to the road network within the City. These trips were then added to the existing trips. All intersections remained at LOS C or better, with the exception of Brisco Road/U.S. 101 northbound ramps, which would operate at LOS D. (See Table 1, below, Column (3). The EIR noted that the City was completing a study of traffic improvements at this intersection, and that any of the three identified altematives would improve the level of service at this intersection to LOS C or better. The tra~c study ne~ analyzed baseline plus project traffic at study area intersections. The addition of the project traffic to baseline traffic did not change any of the levels of service calculated for the baseline alone. See Table 1, below, Column (4). The addition of daily traffic from the project was not expected to significantly change any roadway level of service on a City roadway. Rodeo Drive During the public comment period on the Draft EIR, issues were raised in regards to the impact of the annexation (specifically development of Tract 2265) on Rodeo Drive. These issued are addressed in Response to Comment 15.1 of the final E1R. The EIR concluded that the project would not have a significant impact on study area intersections, based on the threshold of significance utilized by the City. • The proposed annexation will generate su~cient revenues to adequately pay for the provision of City services. One of the purposes of the fiscal impact study was to determine whether the revenue from the proposed project would be sufficient to pay for City services to be provided. The study used an average cost approach to estimate public service costs for the proposed project. This process evaluates the cost of providing the service (e.g. a department's annual budget) and the extent to which the service is directed toward residential uses, as opposed to commercial or industrial (e.g., percenfage of police calls to residences). In addition, the fiscal study also evaluated the impact of providing services to persons not residing in the City. For example, if the project were not approved, and project development occurred in the unincorporated area, those residing in the development would be e~ected to use City parks and other services. Thus, the City would incur a cost without receiving a source of revenue (e.g., real property taxes) to offset such cost. Having evaluated such factors, the fiscal study concfuded that the proposed annexation ~ and development with residential uses as proposed would provide modest fiscal benefits to the City. The study also concluded that if the project were constructed under County jurisdiction, the City could expect to incur costs in excess of revenues. P/anning Commission Stal~ Report Re: Village Glen Annexation March 30, 1999 Page 16 of 16 ~ Recommendation: It is recommended that this annexation be approved because it is consistent with adopted county general plan po(icies and because the city is in the best position to provide the needed level of services for existing and expanded development of the site. Staff Advisorv Committee: The Staff Advisory Committee considered the annexation request and proposal for Tentative Tract 2265 on December 8, 1998. Comments were received primarily concerning proposed Tract 2265, and the Parks department indicated an oak tree protection plan would be required. Minutes of the meeting are attached (Attachment 8.) Architectural Advisorv Committee: The ARC has not reviewed the project. The applicant has not produced elevations for the residences proposed for the site. In the absence of elevations, and given the review for aesthetic issues conducted during the E1R process, review by the ARC will await the submittal of more specific development ptans. Attachments• 1. Planning Commission Resoiution on Cert~cation of Final EIR 2. Planning Commission Recommendation on Generai Plan Amendment No. 97-004 3. Planning Commission Recommendation on Development Code Amendment No. 97- 009 (Prezoning) 4. Map 1: Vicinity Map 5. Map 2: Annexation and Prezoning Area 6. Map 3: Annexation Properties 7. San Luis Obispo County Memorandum Re: Annexation, August 27, 1995 8. Staff Advisory Committee Minutes, (date) 9. Project Plans: Tentative Tract 2265, and Tentative Tract 2265 Grading and Drainage Plans 10. °Answers to Common Questions About Annexation to the City of Arroyo Grande" 11. Correspondence received regarding the proposed project. 12. Final Environmental Impact Report -~Ilage G1en Annexation (delivered under separate cover) N:~,SHARED1Community Developme~t Dept. - SharedIPLANNING COMMISSION AGENDA PACKETSWAARCH 30, 1999\PCSTAF-2.DOC ATTACHMENT 1 RESOLUTION NO. 99-1689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCiL CERTIFY THE COMPLETION OF AND MAKE FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLAGE GLEN PROJECT WHEREAS, an Environmental Impact Report (the "EIR") for the Viilage Glen Annexation, including General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Tract 2265, and Planned Unit Development 97-563m (the "Project") was p~epared by firma (the "Consultant") for the City of Arroyo Grande (the "City") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., he~einafter the "State CEQA Guidelines"1 and local procedures adopted by the City pursuant thereto; and WHEREAS, copies of the Draft EiR were distributed to the State Clearinghouse and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought; and WHEREAS, the Draft EiR was thereafter revised and supplemented to adopt changes suggested and to incorporate comments received a~d the City's response to said comments, and as so revised and supplemented, a Final E1R was prepared and submitted to the Planning Commission of the City of Arroyo Grande for ~eview and consideration in conjunction with consideration of approval and adoption of then Project; and WHEREAS, a duly noticed pubiic hea~ing was held by the Planning Commission on March 30, 1999 to consider the Project and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented, incorporating all comments received and the response of the City and the Planning Commission thereto as of the date hereof. NOW, THEREFORE, the Planning Commission of the City of Arroyo Grande resolves as follows: Section 1. The Planning Commission hereby recommends that the City Council of Arroyo Grande certify that the Final EIR for the Project has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEOA Guideiines and local procedures adopted by the City pursuant thereto. The Planning Commission further recommends that the City Coun~il find that the Final EIR reflects the independent judgment and analysis of the City Council, as required by Public Resources Code Section 21082.1 and Section 15090 of the CEQA Guidelines. Section 2. The Planning Commission has independently reviewed and analyzed the Final EIR and considered the information contained therein and all comments, written and oral, received at the public hearing on the Final EIR prior to adopting this Resolution. Resolution 99-1689 EIR Certification Page2of2 Section 3. The Planning Commission recommends that the City Council adopt the Mitigation Measures and the Mitigation Monitoring Program identified in the Final EIR. On motion by Commissioner Keen, seconded by Commissioner Costello, and by the following roll call vote, to wit: AYES: Commissioners London, Costello, Parker, Keen and Chair G~eene NOES: None ABSENT: None the foregoing Resolution was adopted this 30th day of March 1999. Laurence Green , Chairman ATTEST: Kathleen Fryer, Commission Clerk AS TO CONTENT: Jim Hamilton, AICP Community Development Director ATTACHMENT 2 RESOLUTION NO. 99-1690 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDING THE GENERAL PLAN LAND USE ELEMENT AND THE GENERAL PLAN MAP; GENERAL PLAN AMENDMENT 97- 004 (APPLICANT: GARY YOUNG) WHEREAS, the applicant, Gary Young and Associates, has submitted an application to amend the General Plan Map to designate the project site area, described on Exhibit A to this Resolution, as Rural Residentia) (RR), allowing a density of one unit per acre; and WHEREAS; amending the General Plan Map as requested would establish land use, deveiopment and design standards for the above described area; and WHEREAS, on March 30, 1999 the Planning Commission considered a recommendation to the City Councii regarding the Environmental Impact Report, and rec.ommended that the City Council certify the Environmental Impact Report prepared for the Village Glen Annexation; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the application for General Plan Amendment 97-004 at duly noticed public hearings on March 30, 1999, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public hea~ings, staff ~eports, and all other information and documents that are part of the public record; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, the following circumstances exist: Annexation Findinas 1. The proposed annexation will not impact the amount of water resaurces available elsewhere within the City; 2. Clear compatibility exists with the community's basic identity as a rurat, small town community; the goals and desires of the people and the City of Arroyo Grande as a whole; and with the community's existing available resources; 3. The proposed general plan amendment is consistent with goals and objectives of the General Plan, particulariy in regard to protection of agricultural and open space lands, and will not result in any intemal inconsistenaes within the General Plan.; 4. Significant benefits will be derived by the City upon annexation; 5. Adequate infrastructure and services have been or can be economically provided in accordance with curre~t City standards; 6. The proposed annexation will generate suffiuent revenues to adequately pay for the provision of City services; ~ Resolution No. 99-1690 General Plan Amendment 97-004 Page 2 of 3 General Pian Amendment ~ 7. The potential environmental impacts of the proposed General Plan Amendment are insignificant or can be mitigated to a less than significant level as identi~ed in the Village Glen Annexation Environmental Impact Report; and 8. The proposed amendment will not adversely affect the public health, safety, and welfare. 9. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan and will not result in any intemal inconsistencies within the plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande, California hereby recommends to the City Council that it approve an amendment to the General Plan Land Use Eiement and Gene~al Plan Map by designating the project area as Rural Residential. On motion by Commissioner Keen, seconded by Commissioner Costello, and by the following roll call vote, to wit AYES: Commissioners Keen, Costello, Parker, and London NOES: Chair Greene ~ ABSENT: None the foregoing Resolution was adopted this 30"' day of March, 1999. l.aurence Greene, ChaiRnan ATTEST: Kathleen Fryer, Commission Clerk ATTACHMENT 3 RESOLUTION NO. 99-1691 AN RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEYELOPMENT CODE AMENDMENT 97-009 (APPLICANT: GARY YOUNG) WHEREAS, the City of Arroyo Grande Zoning Map indicates that the area identified in the attached Exhibit A, located north of James Way, is located in the unincorporated area of San Luis Obispo County; and WHEREAS, the applicant, Gary Young, has filed Development Code Amendment 97-009 to amend the Zoning Map designate the project area as Rural Residential; and WHEREAS, adoption of the proposed zoning would establish land use, development and design standards for the above described area; and WHEREAS, on March 30, 1999 the Planning Commission recommended the City Council certify an Environmental Impact Report p~epared for the Vllage Glen Annexation as complete and adequate per the requirements of the California Environmental Quality Act; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 97-009 at a duly noticed public hearing on March 30, 1999 i~ accordance with the Development Code of the City of Arroyo Grande at which time ail interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Based on the information contained in the staff report and accompanying materials, the ~ proposed Development Code Amendment amending the Zoning Map is co~sistent with the goals, objectives, policies, and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan. 2. The proposed Development Code Amendment amending the Zoning Map will not adversely affect the public heaith, safety, and welfare or result in an illogical land use pattern. 3. The proposed Developmer~t Code Amendment amending the Zoning Map.is consistent _ with the purpose and intent of the Development Code. Development within the Village Glen Annexation area would be required to meet developmerit and design standards that insure orderly development and a unique and aesthetically pleasing design. ~ 4. The potential environmental impacts of the proposed Development Code Amendment are insignificant or can be mitigated to a less than significant level as identified in the Resolution No. 99-1691 Development Code Amendment 97-009 Page 2 of 2 Village Glen Annexation Environmental Impact Report. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande, California hereby recommends the City Council of the City of Arroyo G~ande approve Development Code Amendment No. 97-009, thereby prezoning the subject property Rural Residential, preliminary to its annexation to the City of Arroyo Grande On motion by Commissioner Keen, seconded by Commissioner Costello, and by the following roll call vote, to wit: AYES: Commissioners Keen, Costello, Parker and London NOES: Chair Greene ABSENT: None the foregoing resolution was adopted this 30~' day of Ma~ch 1999. 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Y ~ :t ~ ~ J • ~i':ai J 'T~ . .r. i' : ~i~~~j 1.: ~x.~~rt ~ ~ Z'.~~~ ~ -7 _,~••l~1 _~-J ~ ~ f~ - ` ' _ . ~ r{ ` Q i _ ~ ~ _ ~ - . ~~-y ` ~ . n. , r ~,J"~'" j ` O ~ , v •.i. ~ ! 7~~~ • ~ Q X I Q W w z ~ w Q U ~ ~ ai O ( ~ f ATTAC~iME3VT 6 ~3d-~ ~ o g Y~ .Yo - a ~ ~.o~ ~J ~o~ ~ ~ o ~ ~b pm ~~o. Z ~ ~ m ~ ~ ,3 . ~ ~ ~ i l -.i. ~ ~ ,%~.i~i~% ' ' ~ ~ ~o iC7-Q7-L)0 al~df ` ~ ( 10 2JYd t' ]CL19 4 U ~ a ~O I T~1S/ f i ~ Z 4 ~ ~ ~ St 1 ~ ~t~K 1 ' ~ 1 r ° M ~ z dq~Gi'1-L!Q ~I~b?' ~ z % ~ ~~~a. fY 3?Yd ~R7Ct8 ~ ~ ^ ~Q I 6~ ~ ~l Q ~ ~ z 0 , , a r . ~ ~ ~ C'i a ~ ~ ~ ~b ; - p ~ ^ ~ ~ p g- 0. 'b ? ~ ~ ~ ID ~ . ( ^ ~ "b~,~% Q o 6" : ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ o~ ~ o ~ ~ ~ ~a~- o , ~j ,a,ar ~ ~ ~ y'~ . ~o ~r !or ~v earnw ; ~ ~ • Ys ~ V~~ ~ ~ tto-er~ rao ~.v (f~ Ac x~ y ~cao ~ W ~ ~ ~ ~ '~a A sf lOf ~O AWiKJ/ .b~ ~ i ` o ~ W 1 ~t 7~ ~ a ~ ~ ~ ~ ~ - - - a - ~ ~/////~i%%/////i~ ~ z a~ _ - p a~ E"' ° X ~ < W ~a ~ ~ ~ z ~m Z wQ p v.~ ~ ¢ J ~ ~ O = cn ' ATTACHMENT 7 ~ S~v Lu~s OB~sPO Coun~ ~ ~ DEPARTMENTOF PLANNINGAND BUILDING R ~ . ~ ALEX HINDS DIRECI'OR L' • BRYCE TINCCE ASSISTANT DIRECTOR ELCFN CARROLI ENViROIJMENTAL COORDINATOR ' BARNEY MCCAY CHtEF BUIIDINC OffiClAl NORMA SAUSBURY AOMINISTRATIVE SERYtCES OEFICER TO: PAUL L. HOOD, EXECUTIVE OFFICEIC, LAFCo FROM: KAMI GR4~~N, SENIOR PLANNER VIA: ALEX HINDS, DIRECTOR, PLANNING AND BUILDING DATE: AUGUST 27, 1995 SUBJECT: ANNEXATION No. 1 TO THE CITY OF ARROYO GRANDE - JAMES PROPERTY (LAFCo FILE #4R-95;PLANNIIVG FILE # G940012~ The following is in response to your request for information regarding this proposal: 1. Factors rela~ing to the proposal: a. Topography: The 88 acre site has rolling topography. b. Natural boundaries and drainage basins: The site is roughly rectangular in shape and is split into four.parts by Canyon Way and Wild Oak Place. There is drainage swale that iuns through the site from north to south in the northeast quadrant of the site. ~ c. Population of area and adjacent areas: The site is made up of nine parcels, seven being developed with single family residences. It is located within the San Luis Bay (Inland) planning area of the Land Use Element (LLT~ of the county . general p1an. The population pmjections prepared in June, 1995, by the Department of Planning and Building using information.from the California State Department of Finance estimate the 1995 population for the following areas to be: ,:.:v: - -;;x~~xv.~,,.n . . . . : aw;~::;:;:}:; ....,.:•;r::::.,,.,.::~;.::.;._:.•,..:.....•::a. ~ : .c~.x:~:::;:.t>..:.r.«~::::.;.fi•::~~.:.:.:...::?,.-c . ~ .:....'e:. : . . n.: . . : { Y~' f~i'-`~IT}ii:=~^~":r<: ' . . Y.:.:.:. . . ~ PiJI,~TYON.:::>:::::...,.:,.,.:~,::. . ~;:~1995=~P.0 . L"`AM~IING.,~? : r' . ~ ......_.....,.:.::.x:.,. ~ . . :..~?REA.:;:•:: .fi:;:.;:;;:;_:-,...:~ . . • ~•:::..;::,..:.y..::'.~ • . . . . . . .,~„k::oo.,r.... _ {^W . x.. . . •.:~t::•~<< • {•i:::i::•:i;:::}:•.:•: ]FY,•.'.•::i.i•:-:::i~::iiri•:i::•:iii•i{""•:::~i::ai;Y.~`::::w:~ .r-.v:.:t4::v::iv: "hn::•'J.??v',:<Ll1"x':•::L+ttiW~v'.r7v•iii~MC CITY OF ARROYO GRANDE 15,330 SAN LUIS BAY PLANNIIIG AREA 47,485 ~rmr CovEww,tErtT CErrrER - Satv Luts Os~vo ~ GwFOt~u 93408 - i805 781-5600 • FAx (805) 781-1242 oR 5624 LAFCo Referral August 27, 1995 . Page 2 - d. Population growth in the area over the past decade: The .following table summarizes the growth rates that were experienced between I9.80 and 1990 by the two areas ("annual is the annual population increase that occuired yearly between 198Q and 1990): . . . . _ ,.~;,:.~.t... . . w.~` . '.4'•"fyjA`..vL, . Y's:`:h~~in..n...'.:C~H4i''i` ..`kt..f:~'.;.. 'l.wJ.1`'~'4YiAY'^vt'4v~,}`,tty~~S'•{j::-"' .`r?iF3;•';4~~;;;.,:'. :.'n ,~F~~.r ,at.... ~ x 2r9,.,~`-ay ' ~'2* ~ < . 'y~- , v~ ~ . hcy. . Y"' • `[-0L ri. : .o <G ~;~;..w......~-~~~~ .~;~'~~980.~~:~ : ~.~~1990 - :~~.~TNGR~EAS~ ARROYO GRANDE 10,6~4 I4,215 3,541 3 9 SAN LUIS BAY 31;603 43,881 12,278 495 Using estimates from the June, 1995 population projections, the recent growth in the two areas that has occurred since 1990 ~ is summarized in the following table: . . . . . ,..~•<:;:.:<::::; . . •,ti;,,.. •,..~::;.4..••~ ..,a: .h .,;.iaY.,.7~rs ::..~~.IJc~:..::~y~....a' %''.,~.~r::.,;~;:$;:::iii~,";~+.v .`x t•:;t.^,~wc. `?~e`bt'i3::Yit?~~~...'C',.: •..~~r>?ri;~*'";;~,s ~ ; ~~IG ~AR~f~:~~.k~ ~~`~99~ ~ ' ' ~99~~ ~ ' ~ CR~AS~` ~ I~~iI.~~O r.,....v '.ln,.....~.,?:~::.•r:...v~:v:Y T ..~v....i...~... ;.L~.wi•:vv:~:~w}v:n... 'i .}~:..r .v\w....v.. . .~b::tr? ARROYO GRANDE I4,215 15,330 1,115 > I% SAN LUIS BAY 43,881 ~ 47,485 3,604 > 1~O e. I,ikelihood of significant growth in the area and in adjacent areas during the _ next 10 years: The following table summarizes the projected population increases for the two areas for the next ten years, using the latest estimates prepared by the County Department of Planning and Building: : : . : . . . . . . ; ~ : . 'y .:i'v'::~^:...n4;,~.;.n.ti~{.• v{ •.r,~::;'~hi::.. :...:r'y;:r.::••: . ' . . ..i. : . . . ~i:~ • x . . :0...::.%~n.. ....!^?}..x. '.r'':r. e . . . .y: :?:2~:i },{:ti:;.i:v:.' ,•}.~v} •:r{. ~~'?.,R-,i}.•: '.:~:':i'..iM: . ~:~.:w`c; > 'v~!^ `v?{:: f:x ~ • ~ :~::'i:. . . \•.::tiCLY i~~ v~iN'::.... :'::i{• r ~;`4: . _ . •:Y i~::•S''~'-:i+• G. A~::;<:•w,:: : ....1995~;::: ~:..ASE'~' ~>;ANN[JAY;`:=9G..;;,. ..:.>..;:.~::~LN .},RE' . . . . r: ..;Z005:>:::.::.;: ; >:;.INGRE. r ...t•:.:.•::.4:::•..... ...;::tt,:':..:.a;act•:•:>:..:;:..~.:..,•:x.wr. .:;,p _•t>_. ARROYO GRANDE 15,330 18,056 2726 1.7 ~ SAN LUIS BAY 47,485 56,814 9,329 1.99 f. Present Land IIse Designation in Countp Land Use Elemen~ The site is designated Residential Suburban. There are no Combining Designations on the site. ~ g. Existing land use(s) in subject territory: The site has historically been larger lot (2.5 to 20 acre) homesites. It is made up of nine parcels, seven being developed with single family residences. . h. Subject territory's relationship to Planning Lines (URL, USL, Coastal Zone, Etc.): The site is within the San Luis Bay (Inland) planning area of the Land Use Element of the general plan. The site is within the Arroyo Grande Urban Reserve Line (URL) but outside of the Urban Services Line (USL) designated in the county general plan. The URL is coterminous in this area with the Arroyo Grande City Limits. The site is also within the city's Sphere of Influence hniinriarv LAFCo Refetral Au~ist 27, 1995 " Page 3 The Land Use Element of the City of Arroyo Grande's general pIan includes the site in their Planning Impact Area (PIA). The PIA indicates the maximum potential growth area for the city in the foreseeable future or areas where the development pattern would have an immediate impact upon the city. Being with the city's PIA does not represent a commitment on the part of the city to annex the areas it contains. The city does not currently have the site designated in their general plan. The site will~ have to go through the city's pre-zonina process. i. Planning Area Standards pei-taining to the subject property: There are standards that apply to the subject property. The standards apply to all areas within the Arroyo Grande Fringe. The standards read as follows: 1. Limitation on Use. Uses identified in Table O,. Part I of the Land Use Element as "A" or "S" uses may be permitted except nursing and personal care; and correctional institutions. 2. Soecialized Animal Facilities. Land use permit applications for speciaiized animal facilities hall address and mitigate any identified . impacts of erosion and downstream sedimentation that would be caused by the establishment of the facilities. 3. New Land Divisions. Prior to acceptance of any application for land division as complete, the , applicant shall provide information to demonstrate to the satisfaction of the Director of Planning and Building, in consultation with, the Direcior of Environmental Health and the Environmental Coordinator that: (1) adequate groundwater resources are available to serve the proposed land division and (2) each proposed parcel can accommodate an individual sewage disposal system. The results of this information shall be incorporated into the design and proposed density of the land division. j. Land Use Designation and existing uses of adjacent parcels: North: scattered residential single family dwellings designated Residential Suburban_ ~ South: scattered residential single family dwellings on larger lot rural land wittiin the Arroyo Grande city limits. East: residenrial single family dwellings within the Arroyo Crande city• limits. ~ West: scattered residential single family dwellings on larger lot rural land within the Arroyo Grande city limits. k. Subdivision and building activity in the area: Recent activity consists of the con6nuing subdivision of the unincorporated Arroyo Grande Fringe into parcel sizes consistent with the zoning, and the on-going development of the Rancho Grande, Royal Oal:s and Tally Ho neighborhoods within the city. LAFCo Referral - August 27, 1995 Page 4 1. Miscellaneous information concerning the subject property or area: RMS Tnformation: The 1994 Annual Resource Summary Report for the ~ Resource Management System (RMS) of the county Land Use Element indicates the status of key resources and service capacitates in unincorporated areas. For the greater area containing the site, the 1994 report identifies recommended levels of severity of level TII for Arroyo Grande's elementary schools and high schools and level II for middle schools. County general plan policies: The site is within the county-designated urban reserve Iine (URL), for the city of Arroyo Grande. this is analogous to the sphere of influence because it indicates the area for additional urban and suburban growth within a 20 year timeframe. Framework for Planning, Part I of the LUE, contains public service policies for maintaining a distinction between rural and urban development by directing the extension of urban services to areas within urban and village reserve lines and restricting such services form being proyided outside those Iines (chapter 4). The purposes of these policies for maintaining a clear distinction between rural and urban development aze to enhance the pattern of identifiable communities and to discourage premature intensive development in areas without all needed services being available. Related to these policies is a general goal in framework for encouraging the phasing of urban development in a compact manner, first using vacant or underutilized "infill" parcels and lands next to existing development. 2, a. Planning Department comments and recommendations: Comments: The applicant is requesting annexation to the City of Arroyo Grande and the South County Sanitation District. The application submitted for this proposed annexation indicates ~that the applicant is initiating the request for the following reasons: 1. Tt is within the city's sphere of influence and the county's IIRL. 2. The area is surrounded on three sides by the ciity lirnits and so any deveiopment of the property will impact direcfly on city residents adjacent to the property. Furthermore, the annexation could be viewed as a filling . in of the city boundaries. 3. The city can provide urban level services to the site, some of which are aiready provided by the city, including water, sewer, police and fire. 4. The vacant portions of the site should be developed consistent with the city's general plan because access to the site is through the city, via 7ames Way and Canyon Way. 5. Groundwater is available on the property and a recently compleied well would be made available to the city's system in order to supplement existing weil suppiies. LAFeo Referral ~ Augu'st 27, 1995 Pag~ 5 ' 6. Community sewer systems are a preferable sewage disposal method over individual septic tanks. A sewer system is available throuDh the city, however, development in the county would use individual septic systems. 7. If the property were developed within the county, traffic fees would be collected by the county. If the property were developed within the city, traffic fees would be collected by the eity where the majority of the traffic impacts would occur from developmen~ 8. The area is within the city's watershed, and drains either to Canyon Way or James Way, both of which are in the city. With proper engineering, the property could be developed in such a way that current peak flows down Canyon Way are retained on-site and all impacts mitiaated. 9. The city's Parks and Recreation Element shows a trail extending into the F:o~::}~. Development of the property in the city would allow for the acquisition o~ the tiail by the city. Annexation of the site so that the fuil range of community services can be provided by the city is corisistent with county general plan policies on public services. This is because th site is within the Arroyo Grande URL and designated Residential Suburban w}iich allows parcel sizes as small as 1 acre dependent on urban services. Also, the orientation of the site being surrounded on three sides by the existing city Iimits would make it a logical extension of the city limits consistent with the pohcies on promoting in-fill and compact development. Recommendation: It is recommended that this annexation be approved because it is consistent with adopted county general plan policies and because the city is in the best position to provide the needed level of services for existing and expanded development of the site. , b. Date site viewed, report author: The site was viewerl on 7une 7, 1995 and the report prepared by Kami Griffin, Senior Planner. ~~•SAN LCJ18 OBIBPO COIJN'fY OE ?TMEIYT OF P~.ANNIIVG 6 BU(La1NO • . ~ ~ L ~ wnmj 5 ,,,ea ~ ' p~.y ~ ~ Hmd „~•a° ( , ~ h n. ' 9~, P~` . V. E~ / P~~ r k~ V'~. z 1 s ` ~ ~ 9 9 -c • P aa'~ o~ ~ P'^e ` Z~ A ' ~ \ ~~~e 1 V ~ ° = o. V.a"~ 0. i :~o~ ' m !F. 9p d'~~ f f i'~ J 4 w"'~e.e " • : ~ ~I . 90 n ~ ~ ~ ~l.S..f~.~~~ ~ • , ` . ~ V.~ ' R Oak ~ . ` ! ~~L,<3P j \ ~ ~"+tir."i1'se ~ fNUAd~~ . ' ~~A_~ o~~\ , ~t~ ? 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Q~° ~ A E U ° L~ %i ~ K~u . ~ R G IVD ' a l+~ ~ ~ B.Meo ~K.Y y ' ` g~ Bra^d~ ~h\ ' A Y ~ ' . ~ ' .'-M N y q{~ f'O[: 4 ~ f~? N y ~ Ave. . eo. NE N r p~ y fNVE srti 3 ~ _a` , ~ R ~ L • ~ . ;y s... _ y • = < r.. ' ' ARROYO ' W A~ .:.~n -v~ ? a' GRANDE a° r~'Ik F- It~ q ~ f 2 ~ MaOk r a ` G.'f`6+ „y.~~'~,i o~Pe ' ln. ~ . . ~1 _ to e 'e = c s A~ vi < Strcet ; y • . !Ra G'..•'ig~ ~ ~ f t / ~ : : / , . A N K e~ . d~cw~ME~~ ~y ~ a~' X\ ea+i y A~ev ~ 'NOa ~ _ . ~P _ ,~pt~ 'y C` . ~ ir ve ~ t P - t 111 . ~ 3~~: 4 . = r y - •~a F°'. a : F~.. . t ~ ~ ~ ~o// : c° : f Fxml ~ A ao~. ' O ~ i ` w C t • = Avenie s. , ~ a. ¢ ~P\ ~ 'N~ t~4 ~ 3 ~ la SeA ' T ' i ~ a. ~ c~ ~ r+ ~ .n,. _ $ F< ~r.o.,r E ln. ~ ? ~1 ~ ~ ~ • ~ CU ~ s~ JANO'• M O •v ~ ` 4 . -J ~y w,y o~~., ° _ ° • . ~.~,a . c,,,M ~`'a e ~ TAe ' • _t. Z u ~ ~ , 4 a~., ~ . _ . . - f~~ °/s~ e_ dce 2'~` 'e-~ ,tC~~q4' Re ' ? ' ppE > • ~Lt ~ + h~ ~~~L ~R ~ a0 . _ oG'a - _ - ~ - scH ~ ~,n ' = ..ro • _ . , 'V.r ~b.~~'i.. : . . 4 N ~ 4 ~ + e` . s v5 ` ~ ° ~a "P i " ~~-'.c'~ ~4 2 q~ F , ~ ' ew e. ar ' 3 ~ ~.E, 4 :~e ' r l, v.,, ~ ' ~ o r Los re ' ~ ~ ? 9 • o Robles W treet ~ :P } B $ :o'~!~ ~ yr~ ~ Oa n ~ - Qvfstmas = _c; = w / 3 ~;'v'~ `•t!,q~~,~ k ,.i ~ S r« c~ NALCYON tt'4,ve im 9~ . . ' A j s' ' ~q~~wi~. > ~ ~ EG " ° ' ~ o ~ SritEET 1 ~ ~ ¢ ° . a..r e~r . ~ c~ ^ ~ gr. oa w.r p \i E ~ ~ 9 ~ ~a c~ •F . ~ - °r•,~%' c =.r.~i~.sAi. , . 0.~~ _ V O~ ~ OUNFS I ~ S. ~ j 8 A~xf.~'~a} __=~4""~ai~az'.Daw~ o i:w~os~i v' o~ ~ RFSFRVL i r p ~ PIKe = - i;~~w.rsi. ~ w/ Kaw~.e+. _ ).A~+~A. ~ - - h OCEANO ` ~ .........u. , ~ . ~ 9 < <.~o.Ly, s.s.::~ra. e . ~ N yO~ N 10.rO~Mia. Q ~ ~ ~.u.~ " Produoe . _ DrM.w a.... I . r . i iNORTH: c_._. - . . . • r~~ PRO.tECT ~ EXHIBIT - _ ^ . ANNFJCAT70N NO. I- LAFCo FII.E 04RAS CII'Y OF ARROYO GRANDE VICINITY MAP JAMFS PROPFRTY •~6AN WIS OBISPO GOUMTY OEPAFITMENT pF PLANNING 6 BUILOINC • _ . 1 . ~ ; ~ . ~ ~ ~ ; - ; ~ /o y; ~ ~ t :.W ~ - ~ ~ ~ , - ~ i ~~~t-- - f a ~ ~ ~w°y. ~?l+` ' _ . ~ ~ `I ~ \ ~ ~ ~l~ f, %:'••i:k~ ' ~ L" ~ r"~' ~o i`~'tss ' ~ / ~ `w(:1~( ' ~ ~ ~ ' ~ Jti ~ ~ O ~~°I ~ * ~ ~ ~ • (i ~•4 ~ y_ ~ ~ ` ,5,,. ~ ~ > ~ ~ - c~ . - : ~ ~~~i`i ' ~ IMPACT AREA "B" ~ ~ v w'> ~ . Zl ~ ; . - - L:..' r" . -t~ :f, i;%.~.y;•a : . ~ ~ ' .rn , : i : . ~ ~ .,L' ^'r / ~//(_~J' ~,I • a ~~r~ [1I~j ~f ~ ~iI-~ ~-~l L.L[i • ~ _._-.~IJi~v~~'~° : D ~ . ~ . ';.V. ~ ~ • ~J~ ~ ~ 'l,~ ~y" .nk - ~ v~ll v i.e~ ~ /J • ~ ti ~ `t ~ ~/~.i ~C. t • ~ ~ ~~T~'r • r a.r '1 '7w,I t` S+ ' ~z r rO'. _ ~ , siroa f ; i ~ ~ • p. ~ ~ ~ . _ _ ' 3"' ~ ` ~ ~ ° r • ` • . . ' R.O Y ~1~~Y o i ~ A R • ~ . y~_..~; ~ ..O~p~r:~~.!-.~A $ • • ~T ~K ~ •~r M _ ~ ~ :y~..,. _ iIMPACT_.:AREA "A"' _ n - ~ ; ~ - . . Hlil w i~ ~ 'r . ~(L~b#~:Y`:!Y!:~ i~~.,,,h,.,::i .~.~.~j `b+: ~ ~ i . . ;'~sl ; f ' ~Vi!Zi~~i:.~ v-., • ( • ~ < ..:~..aaa..xy>... ,:'.'..s° ~ s i. .a / O Q O O :.L`' ' ~ . ~ ~ ' ~O • .1 . ~ .>~~M':..w ~ ~~J.' ~ ~ a . • ~ (l . ' ~d \ s~~ ~ `~.'~.~s> ~ w ~ - - \ c .1 % _ . • ` ~~_..'"c ~ ` • ' ' c f k'y ! - •t ' ~ ~ . ` d/ r . " ~ i\ ` J6 a ~ ~ ~ ~ `„"\~y / ^ ° I , .~s ..f - . : ; e : ~ \ Los '~'~c~ • ~ r, ~ 36 : i. '..1 r03+ ~~~S~i~_C~C~'` ~Yi e."~~~. ` • !1~' ' - JQ t ~ . 1 ~1 Fic~~• Q=1: Planning Itnpact Areas "A" ~nd "B" ~ NOqTH ~ PROJEGT EXHIBIT , . MINDCATION NO. 1- LAFCo ~I.E t4-R-95 Cn'Y OF ARROYO GRANDE .t PLANh'ING A~iPAGT AREA MAP IAMFS PROPFR7Y ''I~ , BAN 'W/B OBt8P0 COUNTY OEP/ MENT OF PI.ANNING 6 BUtLOING _ ~ , ' . .~-~••T . i ADOPTED SPHERE OF SERVICE AND SPHERE OF IHFLUENCE FOP, THE CITY OF ~tRR0Y0 G4A~lDE ~ . ~ ~ Adopted Sphere of tnfluen e• revised.SeptembeSr • ~ 15. 19~3 ~ - _ Adopted Sphere of Ser- , v(ce (Loterminous aith Adopted Sphere of Influence except _ • . ~ s iho?rn j ' . 2•,,` ~ . • % Existing City Limits . ' -No •es . •~a~ • . ' . . ~ , r . 1 ' ~ 1 ~ t? 1 , , ~ ~ ` ` P l SliO \ • t . BEACK. ~ ` ~ f, ' ~V_I~. . Q~ .1` ~'~r~= v .1 ~ . - o'° ~l \ ~ ~ r J . ` ' I ~ i y . . ~ ~ _ ~ ~~J~~e . ~S, . ^ ; ~ \ ~ f~~-• Y~ 'r-~~'~T/"'~ . • f4- ~ ~7' '+ti~ ~~~e ` ~ !O , ~ ~ ~ r ` . f-~~~~:~.. • ~ ~ . . . , , ,_+l ~ ~ ~ , \ , !~,,,j. ~ ; :'T*'_~~ c t t~y~~~s i 'T • ~ : M ~ ~ : ~ ~ ~ . ~C r~ - ' r _ ~ t t ? ~ ~ ` • •~i S F ~7 t~ ~ , •f' _ _{'j`'__ l' • 1 /.,v`_ ` ' a. ` I ' ~ C f ' ~ ' ~ • ¢ ' ; : _ ~ ~ ~ • ~ J~~ I. ~ ~.~y ,rIL' • ~ . . . . J.' ~ .1-, ~ ~z ' - ~ ; T ' p ~ ~r~'~'-.~ f 4= ' ~ ~ . ~ ) ~ t :,1~: ; . ~ 11. Y~t~ , rj~-• . . - - : ~ - fi-;~,'~ M ~ ~ . - ,•1/t ~'r~ :r ~~~IF:_,'~dif ~f ~ - ~ , ` Lt- 'dfi:i( ' ] ~ ~ ~ 1 1•'- ' Fi oc ~NO . ; ~ _ : \ ~ . ~:Jt/t^i:f.;AFj;-` ,~I 3a \ FiALCYOH ' iw~f \ ~ % . . ! ~Cos RO' \ a_. ~ ~ Pi30JEGT EXH/61T • . ANNFXATION TtO. 1- LAFCo FII.E N4-R-95 ! CLiY OF ARROYO CRANDE ; SPti['dtS 4F INFLUF.NCEMAP JAMFS PROPERTY . 1FjAN WIS OBISPO • COUNTY OEPAii'TMENT OF PL.ANNINC3 S BUIL.a1NQ ~ ~ j.,~ , ~ ' ` ~ • ~ ~ " z$ ~ . o~° ~ c-" \ -f:;:''~'P , ` % . . . . - c . . co . . . . . . 1 - r . :f . ~ p?f- D ~ 10. 2`•i: y~y:i''T` ` : ~ ~ J14 'i , ~ s ~~`'4.~ - } • • Z y T 1 ~ ~ ~ ~ ~ ~ 2 w,4,~Y ~ ~ i L 5. 4 YO o _ Q ' • `St..~• t ~ ' PH ~ 4 4 ~ : O . ~ t ne~. . ' . ; ~ /t'r' • ' ' r4t z ~ ~ ~ ~ = •YSN n.c ~ ~ ~ e' Pi 'Y'~ ~ ~o~ ~ ` 2~ ? 'b'. ! N.rt A r ,vA+{ \ < ' Y~ , . - I/ O ~ , 6 ~C ' O f"y K°- . ~ ~ R ~ •i ` • ~ ce • , - C • ~ ~ ~ it~ ~ i . ' ' . ~ % ~ ~ ~ ~~R fl' 3~ 2. ` . ~ t2'= ` a S 27 u` ~ ?~o M . ~ ~ • . ~y ~ ~ ~y . ~ ~ (~~p 7,p. . y ~ 11. ~ `~,r` r ~1 ~ . fbt~ ~O~' . . . d ? ~ ~cr• . t Q ~ ~s ~ ~ ~ ~ f~ ~ O , p C~ r. • . ~c \ i ~ e 1~'v G. x ~O•1f . \ ` v , r/ ~ ~ • „ .u~ ' . ~ ~ ` ' ~ 7 / ~ i 3 ~ V Y Ow 1~ ii' \ . ~ ~ ' iii ~ , ~7 ' 2. 1 ~ ' • v L ' , . ~ ~ ~ Q1 ~ , h' ~ ~ ~ t ~,a ~ % ~ -p ~,r. z • S• • 4 s ~ S. ~ { e c . . - ~ ~ cf'~ • ~ j . 2 ~ ~ : ° = 9 2 . / ~ • 6 . o• ~ ~ `c t. P . „ • - ~ + • ~ 2 p' . ~ ~ ~ P~ . . v ' i ~-Y4~ y ` ~Q. I! . «~c p y I ,~KG . . ~ I ' ~ l : . ~ . aM a~ e~D ~ ~ . • ' ~ . ° ~ ~i . ~ ~:,s•s~' ~ 4 ~ : ~ ' ~ ~l-' ~ ~ ~ " . / •3<~ • / ~ . • • • 4- f~ . / ~ ~ • . , • / • / , g , z ' " o0 . ti T • . . _ Z . • ~ is ~ 1 Y • + • ~Y ` 0 ' ac~.~\s , e / Ro~ .~j ' . `J • • ~ l ~ • • ' / ~ . • . • ~ ~ ~ , ~ • ~y~ . ~ • 6 ' ' ` . ~2~ / ~g t~ ' t~0 ~ ~ ~ 'n ~ • ~ ~ ' 2p0 ~ • • Mp. e . . , r . ~ •r~ ~ `i~ ~ „ ' ' 53" - ~ . . ~ j~~ ~ ` ~ ~ `J~ . ' • • ` ~ . ,~o~ ~ ~ o ?as - ~`Q1. _ fs . I2 tiC ~ : ~ ~ . . , . , . . ~ ~ ~ : ~ ' ~.~rf` - t . i ~ NORTHJ~ _ R.~ _ ~ `o / J . ~ ~87 , ~-zc :vtZ714,a1` . . _ _ . 1 s . t ~ • pqOJEGT EXH?BIT . ANPIDCATION NO. 1- 1.P.FCo FILE ~Ct-R-95 CIIY OF ARROYO GRANDE ~ LAND USE CATEGORY MAP . JAMFS PROPIILTY t~,aa~a..s.uis os~ss.o •~ounrra~=ai ArnRentr~OF :OLANNING rs.BLI~L~l1110 i _ . ~ ` ~,~,,a~' ~ v~~. . , % ~s . ; . : y .C' 't' r. r~, ca . y : `G~/~ ~ . ~ IS-~ ` ~ PR'Q. 4) \ ~ • ~ ; ' • / ~ , ZZ~''~.~` `Q~ 1i Y r~ ~ ~ , r /1 1 i . ' ; ~ ,j : ~ ~ ~ ° ~ a\ ~ ~ ~ , ~ ~ ~ i ~ ~ , / , cp ~ ; ~ ~ ~ " ~ ~ ~ -1 ~ A : • . . ~ ~ / ; ' ' ' 10 / B t7 : . , ' ' O ~ B t~ i ' y~ ~ -r ? ~ r . ~o$ ~ ~ : ~ • . . . • • / ~ - 1 9 18~~~. 33 , . . ~ ~ . ~ ~ f ~3 ~ ~ ` Gc % . . ~ t i / ' A / ! Z ~ ~ / ' ' / ~ ~L' I , ~ a ` ~ ' ~ ~ ~ . :r~ ) I I 1 'r~ z ; ' ~ 8' 3 P ` , t - r ~ G~ ~ /lp.anrat Z cc / ~ 1 36 J' ~ J f~ Y 33 P'~ ,`h~~ ~ y fi9 / . . } ~ ~ / - ~ . ~ ~.PP ~ 7`~y~/ p ~ . r r -r ~ ~ ~ ~G9~tt5 0 ~ i 0 . ~ `y/' : G~-71-t5J ; ? i ~ / ~ ~ ~ 34 • / / 6 ' ~ t ~ i Frst c , ~ ~ / t. . ~ COAl86-098 ~ .GO 7 !2 ~RQ 5 ~ O ~ ~ . . . 4~ ~ Z ~ t\ : . / -~i i,~ ~ / ~ / ~ caq i. _ ii ~ ~s ~ ~ bsa . ~ 2 ~,4 v ~ <e6 J . . . s _ . _ ~9} ~ - i NOqTH ~ • • ~ _ . • • • ~ ~ Paa.~cr ' - EXHIBiT ~ ANNEXATtON NO. 1- LAFCo FILE ~MR-95 CrI'Y OF ARROYO GRANDE S(TE DETAIL IAMFS PROPERTY ' $Ant LLIIS OBISPO COUt~[TY OEPAFITMENT OF PLANIVING 6 BCJlLAtNG r.cx ,~a cooe No. 47--t32 . ao ~r ~xcs ww s rntrarmo wa , essESS+~xr rua~asES oeax. ~34 ~ 1 / N ~ s Q~ 1 N. SS~~ . tr AL9F50 • • ~li.41'40 f . . ~ !0 ~ lK w . ~~J G 1~aJ ~ f%. . tD.9o A~ ~ ` 8 Q O• ~ , . . ~ ' O 3_f O . n ~7~~ _ . _ _ e ' . ~ ' es -s/ ~ sr 7 \~J _ vo Jo-~'r' vsL n ~ / 9L6.IIQ' . f ~6 / 7~ ° 2 ~ . -K . . . \8/ ~ O C . y~ . ' ~ 2>/.2~ pew 1 tj ~66 ~ ? 2. j'3 ~NY ~ ~ O ~ k'4Y ~ ' 3 4 o as. ar ac . 3~~ ~ L h , ~ 2 13.40Ac Q ~ h /A'~v ir ~ I N O ~ , n M. ~ ~ ~ , v w S P~r. sr-ao .~~c • ~ s.~ O v ` ___.~a.~c ' ~ ~tr.ssao'w. 1: - ~ ~7~ ~ N07E - RpAQS SxOWN 00 NOT EXlST (J2'/Sn ~ ?.R,iC3922 P. 233-23t HtLLIKER 8~ W0008URY TRAGT . _ : _ ; . ~,:~a~;;~,~ . ~ SAN LUtS OBISPO COUN7Y • ~ ' r. . _ . . _ " G4LlFORNtA ' ~ ~i . . . . . . . .i ~ PAOJEGT EXMIB(T ANIdF~CATION NO. 1- L.AFCo .FILE 04-R-95 CII'Y OF ARROYO GRANDE ' ASSESSOR'S MAP JAMES PROPERTY SAC Meeting Notes A7TACNMENT 8 December 8, ~ 998 Page 2 of 2 Leziey 6uford, Community DevelopmesYt Department han~ deiivered tfi~ Orart Negative Declaration with the lnitial Study on Rosemary l.ane Extension and advised comments are due by January 8w. C. 1. Applicant: Gary Young, R.A. Oevelopment C. 2. Representative: Dan voyd, EDA 3. Case Number: Viilage GIen Annexation Trac: 2265 Oraft Environmenta! Impact Report 4. Proposal: 65 Singie Famity (ots cf~stere~ on 67 acres 5. Location: James Way & Canyan Way at Tally Ffo Rct_ Leziey BuTOrd, Community Development Oepartment advis~d that Vltage ~ten QR camments are due by January 18°1. Terry Fibict~, Fre Department stated that he is in favor of sprinicting the projec; and that a dedicated easzment for aii weatf~er acc~ss irito the projec: via Easy Strest is needed_ Craig Campbell, Public Works Qepartmertt advisad a shared expense agre~mertt on the wateriine for Pt~ase 4 and 5 of Castieroc!c Oevelopment and Vi~lage Gien is needed_ Oan Hernandez, Parks and R~creation Oeparanent wiil nesd an Qak trea prote~tion p(an. D. 1. Appiicant: Miitort F. Hayes 2_ Repr+es~ntative: Gre~ary D. Sato 3. Case Number: PTe-A~oiiqtion Review Propvsai: 2,300 square foot offic~ bui~ding 5. Location: 11 S Eas Branch St. Milton Hayes alke~ about the project an~ ~ated that the address sf~auid be 121 E~s~ Hrancn Street. Jim Hamiiton advise~ tfiat paricing for the project is througf~ the paricing c~Rai cre~its and ttiat a varianc~ wiii be nesded foc ~e floo~ area requested by the appiicar~t_ Larry Sc;~midt, Hui~ding Department wiif taik to Greg Sata regarding buiiding cades. Mr. Schmidt auestivneti Mr. Hayes as to ir he ~Nouid be wiiling to sprinkfe ~e buiiding. lt is not re~uire~ and Mr. Hayes did not commit to sprinicfing the buiiding. Eas~nents were ~isc•.lssad as a metho~ whict~ might aitow the buiiding to ~e consuucted as propased_ C: aig Camobe4l, ~ubiic Wvrlcs De~artment stated rhat the plans ne~de~ to be mare detaiied and t~at a titie repart wouid be nec~ssary. (!1. Written Cammunicatiorts/Staff Camments - Nane ~ IV. Ad~ournment - 1 1:50 a_m. ATTACHMENT 10 o~ PRROroc ~ INCORPOpATEp Z v O ~ ~ .~xr ~o. ta» c~~/FORN~P "Annexation" Answers to Some Common Questions About Annexation to the City of Arroyo Grande Prepared by the City of Arroyo Grande Community Development Department April, 1999 _ ANNEXATION Answers to Commo~ Questions About Annexation to the City of Arroyo Grande What is "annexation"? Annexation is a term used to describe the attachment or addition of territory to a city or special district. An annexation results in a change to a political boundary line between a city and a county. Annexation may affect the level and responsibility for certain public services being provided to residents, business owners, and property owners within the affected territory. In California, the annexation of territory to a city o~ distcict is governed by the State Government Cade. These state laws were established "to encourage orderiy community growth and development which is essential to the sociai, fiscal, and economic wel!-being of the state". These state laws also establish special boards to review and approve all annexation proposais within each of Caiifornia's 58 counties. Thes~ special boards are called "local agency formation commissions" or LAFCOs. In our county, the San Luis Obispo County Local Agency Formation Commission must review and authorize all annexations. Why wouid Arroyo Grande agree to a request to annex territory? Essentially, the motive is simiiar to the basic purpose of these state laws: to encourage and ensure that Arroyo Grande's growth in all areas of our community will be orderly and weil-planned, thereby enhancing Arroyo Grande's social, fiscal, and economic well-being. What is the benefit in annexing to the City of Arroyo Grande? The motive or desire to annex to any city or district varies from individual to individuai. Generally speaking, when a property owner requests annexation it is motivated by a desire to obtain~city services. In most cases, services cannot be pravided uniess the property owner is within the city limits. To others a benefit is the ability to vote in local e(ections, run for {ocal office, and have a greater vaice in the local land use decisions about property surrounding their land. Annexation and avaiiability of city utility services may also increase the value of existing-deveioped properties by increasing their future development potential. While some property owners may have no desire to develop their property further, the avaiiabiiity of urban services is stiil generally a benefit. These services, when and if they are desired, give a property owner greater options on how his or her land may be used in the future. Some owners of existing businesses or residences may also be motivated by the incressed safety and shortened response time from emergency service personnel inciuding palice and fire fighters available from an adjacent city, versus a rural volunteer fire company o~ a county law enforcement agency. Many property owners may find their fire insura~ce rates drop as their property is annexed to a city with an enhanced insuranc~ rating factor as determined by the Insurance Service Offices (ISO1, a national rating company. IArroyo G~ande residents enjoy a Class 5/SO insurance rating) ` Why is my property inciuded in the territory proposed for annexation? Your prooertv is not being sinaied out for annexation! State Law requires that any annexation proposal be "logicai" in its arrangement. In otfief words, if your property is situated next to other property proposed for annexation, it may be logical to include your property in that annexation apptication. Annexation proposals must make sense by allowing for an efficient and cost effective method of providing locai government services. State law does not ailow for "teap frog" development or the sicipping of certain properties in order to respond to individuai requests. Instead, it says that proposals should incfude contiguous lots or properties that create a logical territory of land that provide for an efficient plan of service delivery. What will happen to my property if it is annexed into the City of Arroyo Grande? Most people find little effect on the day-to-day activities occurring on their property following annexation to a city. Essentially, the existing activities and uses taking place on your land when it is annexed stay the same and are allowed to continue untii vou decide to make a change. You are protected by provisions within the Arroyo Grande Municipal Code, which allow you to continue existing uses, even if other properties around yours change and develop. In other ways, annexation will result in important changes in regards to the responsibility of the City to respond to emergency police and fire suppression service calls you may someday have to make. Wiil I be required to cannect to city utiiities if my p~operty is annexed? The answer is NO. Annexation to the city does not require forced connection ta any city utiiities that may be instailed in your area. That choice is left to each individual orooertv owner The use of any existing private water wells and private septic disposal systems continues witfi ~o restrictions, subject to compliance with normai health and safety laws. If a private system faiis sometime in the future, and city utilities are available, you may be required to conneci at that time. Given the cost of instafling a new well or septic system, this often provides a beneficial optian to the property owner. Like all cities in California, the City of Arroyo Grande does have mandatory ~efuse collection, which may affect your existing garbage collection rate. Won't my taxes increase if my property is annexed? Generally No. There are no speciat city taxes associated with annexations. In the state of California, the local property tax is set by the State Constitution at the rate of one peresnt (1 of the assessed valuation of your property (a result of Proposition 131. Your property tax rate is not affected by a"change in territory or boundaries" and, by law, cannot be reassessed solely because of annexation. Once your property is in the City, you wii! be subject to any future bonded indebtedness that the citizens of the community choose to piace on themselves. Reassessments, or ct~anges to your property tax, are generally allowed only upon the sale or deveiopment of tfie property. This wouid apply wfiether or not the property is in the city. Can ! keep my farm animals? The answer is YES. If you have a use of land or activity that is leaailv in existence at the time of annexation, it may continue following annexation. This continuation of all existing uses and activities is ailowed regardless of the zoning of your property or p~operties adjoining yours. Hawever, afte~ the property has been annexed to the City, any non-conforming use that undergoes a substantial change in character or intensity may be required to meet current city laws. If you cease the use of the praperty for tfie keeping of farm animals for a period of time which exceeds 180 days, and the property is not zoned fo~ agricultural uses, you may loose this right. What does the City gain by annexation? The City gains a more cohesive, well-planned community with the abi(ity to provide city services with increased efficiency to those who desire them. We want to make sure utility service extensions and future improvements take place in a cost-effective and timely manner. Emergency service personne! will be able to respond readily without having to worry about inter-jurisdictional problems or liability, thereby increasing the community's level of security and safety. What happens once the annexation process starts? In order for LAFCO to consider an annexation request, the A~rroyo Grande City Councii must first approve the request. Typically, the property wiil be "prezoned" by the Council before the annexation request is submitted to the County LAFCO. Prezoning identifies the zoning district that wiil be applied to each property, if the territory is ultimately annexed to Arroya Grande. You wiil be noticed of all public hearings co~cerning annexation requests. We encourage you to attend these hearings. SUMMARY This information has been prepared in hopes that it wiil answer questions you may have regarding "annexation," and how you and your property may be affected. Members of City staff would be pleased to answer further questions and provide any information we can concerning this process. Just give us a call. You are encouraged to contact city staff at City Hall to inquire further o~ receive more information. Please call (805) 473-5420. CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 ANNEXATION/DETACHMENT/REORGANIZATION PROCEDURE DIAGRAM COMMISSION PROCEEDINGS AGENCY PRE-NOTICE May be initiated by resolution of application by affectad local Mailed nodce by proponent to agancy (Saction 56800), or petition with required siynature subject and intarested of landowners or reyistered voters. (Ssction 567531. • agencies at least 20 days bafore resolutio~ edoption unlass 100% consent. (Section 56800 (b1) RESOIUTION PETITION Resolution of applicadon by affected local Petition with required sipnatures of landowners or agency. (Saction 56800) regiatered votars. (Section 58753) APPUCATION FOR PROPOSAL Application to lAFCO in form required by Commission to Environmental review includa resolution or petition, map and description, applicable AGENCY PRE-NOTICE is performed if lAFCO faes, complianca with CEnA. (Section 56652) Mailed notice by Exacutiva is the lead agency. Officer to subject and interosted agancies at least 20 days before issuinq a Certificate of Filing - unless Tax exchange CERTIFlCATE OF FlLING 100% consent or notice agreements are Detertninetion of completeness or incort~leteness within 30 already sent by the initiadng adopted by city(s) & deys by Executive Officer; Cortu~rssion hearinp within 90 apency. (Section 56868 (b)) county, if applicabte, days of certificate. (Section 56828) NOTICE OF COMMISSION HEARING Nodce piven by Exacutive Officer by meiliny publication, and postinp. (Section 56834, 56835) APPUCATION REVIEW Requast for infom~etion from other aqencies or affacted counties; Executiva Officer preparea roport and rocommendation on proposal; rsport maled at least 5 days prior to hsaring. (Section 58833) COMMISSION HEARING At the hearing the Commission wiil consider: staff report and facto?s raleted to proposel, testimony of affected agencies and parties, sarvice plan, CEQA documentation. Make determinations required by law. (Sactio~s 56375, 56852) COMMISSION DENIES PROPOSAL COMMISSION APPROVES PROPOSAL If denied, no simila~ proposel mey be may be approved with rsvisions o~ conditions. mada within one year. (Section 58855) Commission desiflnatas conductin~ authority for further proceedings; approval expires within one year if not completed; Commission resolution mailed to conducting Authority. (Sections 56852, 56853) All citations referenca tha Californie Government Code Effective July t, 1994, tha Commission may initiate proposals for chanpes of orgarrizations or reorgenizations continua on back of districts. (see Section 56375(ap CONDUCTING AUTHORITY PROCEEDINGS (1) Conductinp authority dasipnated by Corrunission (Section 56029) NOTICE OF HEARING Notica givan by clerk of conductinq authority within 35 days of Commission hearinq; notics yiven by mail, publication, and postiny at lesst 15 days bsfore date of hearinq; may be euthorized by Commission wiihout notice end hearinp with 10096 landowner consent. (Sections 57002, 57025, 57026) PUBLIC HEARING AND PROTEST Conducting euthority hearing held on date and time of notice; may be continued up to 60 days; writtan protest filad with clerk prior to conclusion of the haa~ng and each must have p?oper date, sipnaturo, and address; value of writtan protest detamwned by conducting authority and resolution sdopted witFun 30 days of heari~p, makinp requirad findinps. (Sectio~ 57050) TERMINATION (2) Proposd must ba denied ff written protasts are mejority of: APPROVAL OF PROPOSAL (2) 1. votere if inhabited. Conducting authority must approve 2.landownsrs of vdue if CALL FOR ELECTION (2) ~f~ u~inhabited. Conducti~p autho~ty must calf for 1. uninhabitad and no majority Resolution se~t to LAFCO. New election if inhebited and protest is land owner protest received. proposel musi wait 1 year. 2596-50% of votars or landowners. 2. inhabitad and lass than 25% Resoiution sant to qections clerk. written protest from ragistered Impartial analysis by LAFCO. voters or landownera. (Section 57100) (Section 57075) If proposal is for city datachment or district annexation, proposal may VOTERS APPROVE be terminated by conducting Conducting euthority edopts VOTERS OPPOSE authority. resolution of epprovel. Propos~ temtinatad. Resolution saM to LAFCO. New proposal rtwst wait 1 year. COMPLETtON OF PROCEEOINGS The conducting authority clerk shell send to the Commission offica a certified copy of the cotxlucting authority resolution and State fees (Section 54902.5). Tha Exacutive Officar shell detarmine compliance with the Commission Resolution. If in compliance a certificate of completion is issued and recorded with County Recorder. If no othar affective date is named the rocording date is effectr~ date. Executive Officer issues statement of boundary chenpe and sends to State Bo~d of Equalization, County Asaessor and Auditor. Statement sent to Sacretary of State tor city annsxation (Section 572001. All citaUons raference the California Governmant Code - (1) Conduating Authority proceedings may be waived in some circumstances (Section 56837 (c)). Completion of Proceedings would then be the naxt and final step. (2) Protest provisions for chenges of organization other than a~naxations, detachments, and reorpanizations consisting solely of annexations and detachments are diffarant. Please consult applicable sections of the law. If terminatad due to protest or failure at an election, the waitinp period for en incorpora6on or city consolidation is two years. ATTACHMENT 11 CITiZEN CORRESPONDENCE RECEIVED IN COMMUNITY DEVELOPMENT FOR DtSTRlBUTION TO TNE PLANNtNG COMMISSION C(ty of Arrcyc ~="a~~de March 25,1999 6ommut~ity Development Dept. 1Vtr. 7im Hamilton, AICP ~R 2 5 1999 Director of Community Development P. O. Box 5~~0 Arroyo Grande, CA 93421 Dear Mr. Hamilton_ from Wiliiam E. Daniel, 741 Printz Road In regard to the proposed 7ames Way Anne:cation (Village Glen Annexation), Tract 2265. I have looked at the new proposed site plan as shown on their map dated February 25,1999. I feel they ha.ve taken some steps to overcome my objecrions to their development as they originally proposed it, but I would Iike to see the developer change their new proposed plot plan to encompass the following. Combine lots number 40 and 41, creating a lot of I.06 ac in size. Combine lots number 42, 43, 44 and 45, and realign the proposed property Iine between lots 43 and 44 creating two lots, one of 1.00 ac and one of .88 ac. Combine lots 46 and 47, creating a lot of .81 ac. Combine lots 48, 49 and ~0, and realign the proposed property line between lots 49 and 50 creating two lots, one of 1.00 ac and one of .45 ac. This results in a loss of ~ lots, leaving a total of 54 lots for the project Two additional lots could be obtained by reintroducing the two lots that were removed between to.ts I and 58. This would provide the developer with 56 lots. While this does nat create lots of 1.00 ac in size, which I would like to see, I fe~I that it mig~t be a soiution and more in keeping with the general plan. Anotlier benefit would be the reduced impact on our overcrowded schools due to fewer families living in the area and less need of additional facilities to service these new families. Eliminate the fire access road easement through Iots 43 and 44 and a portion of lot 42. This proposed access road is totally impractical due to the location af the two homes on Easy Street that abut the deveiopment. Create a new fire access road easement through lots 36 and 37, to be accessed from Rodeo Drive, as noted on the tract map as "possible future road alignment". - Please keep in mind the restricrion of tiee removai to preserve the oaks that are in the proposed development, as has been done in the "Rancho Grande" and "Hig~lands" development. Also the eucaiyptus trees that are in the proposed development offer refuge and nesting sites for a family of ha~vics that need aur protection. I assume that the cost of any water treatment for the development would be bome by the taxpayers. Could we possibly aet a little help from the developers for these costs? Would it be possible to look into the Grace Way extension as a means of reducing the traffic impact on Rodeo Drive, and can we possibly obtain some help for the costs for this extension from the developers. Now with all these suggestions, here is a little "pat on the back" for all the members of the Planning Commission for the careful planning that has been done on Rancho Grande and The I~ighlands. These two deveiopments are in keeping with the surrounding areas and are a credit to the community. Thank you. Respectfully yours, William E. Daniel 741 Printz Road Arroyo Grande, CA 93420 Jan. I999 Dear Arroyo Plannin~ Commission: Sandy Luben Del Haney Nanci Parker Laurence Green John Keen We are writing to make t~own our fee4ings conceming the V'~Ilage C~ea development. We would like to see tt~e project be~in as soon as gos~bie. We have Eived in Arroyo Grande for oves 18 ye~ars and have been ferverniy searching to no avail for a new residence since last Octo6er when we sold our home. There is a definate shortage of new quaiity constcuctioa in Arroyo {'nande. This situaxion has caused home prices in this area to become over in$ated. We wouid Iove to stay in Arroyo Grande for the children's stability in school and with friends, but we're now considering Avila and San Luis. We attended the Jan. Sth meeting and it appeared the public was misinfarmed oa certain aspects of the project. For esamoie, someone referred to the project as low cost housing Our price range is ~375,000 -~90,Q00 and V'illa.ge Glen meets aiI the criteria we are desperately searc~ing for. I hope the Comission realizes sooner or later this land w~1I be deve~oped. It serms it would be in the best urterest of the area that nice homes with curb appeal and caz'e to elevation be put in instead of cra.cker bax rubber stamp houses l~ce the I~iands. Water and oraffic was a conc..-rn at the meeting. I was informed a new street between Rodeo and Rancho Parkway would e~eviate some of the tr~ffic. Why is tr~tmeat of water a concem and a burden on taxpayers? What happens when other develapments are approved. - :~bout 12 years ago we purc~ased a Iot in SLO to build our dream ~o~e. The bulding moraxorium was enacted shortty thereafter, and we were never able to build on this lot because it was cansidered to be in a sensitive resource area. We Just said the Iot at I13 of what we paid and the County Planning and Build"uug De~t (not the saiue peopie who held the job when we gurchased) have done away with ail restrictions on the lat and a new house is ,oin~ ug. The Commission needs to consider that ~owth is inevitable and rather than delay the process which may hurt some people, please exercise common sense when maldng decisions concerning peoples futures and homes_ Consider Rancho Grande, the project is on its third developers; Richardson and S~eher_ In she past, bu~ding sites were held up forever, and that's the reason we purchased the Iot in San Luis. Past rancho Grande dev~opers fouu,ht endless ciry restrictions such as preseiving oaks, but Iook at the current desecration of land on James Way and Rancho Parkway, ev~ aft~' all the delays and wasteri time. ; ,.i~~~~ ~'I~ ~ ~ ~ ~ . 3 ~ ~ Ted & ~e Halmb~k 1001 Stevenson Dr. ~ :~royo Grande, Ca. 93420 City ac A~Ya ~rande Cornrtunity Oevetapment Dept_ FEB ~ 6 t99g . : Eeb~uary._Zb, 1999 . ~ . . ~ , City of Arroyo Grande Piannin~ Commission 21=~ East Branch Street Ar oyo Grande, CA 934?0 Subje~t: Village Glen Annexation EIEt Dear Commissioners: On January ~,1999, the Plannin; Commission heid a gubiic mer~n? to discuss the Drat't EIR for the Villa7e Glen Annesation. At thai mertinQ, the PZannins Cammission and aine citize:is provided input on the EIlZ and the proposed proJer~ :~~e: Iistenin.; to the many constructive comm.ents, we have revise~ the tracz map to address many oi the c~ncezns as follows: Reduced the number of Iots from 64 to ~9 • T'nis reduced the density by 9%. • Tnis reduc~~ the tra~nc ;eae:ated bv 9%. • Increased minimum I~t size to 14,ZOQ ~t from I I;100 square fert • Increased avera~e lot size to about 20,000 square fert from'7,~00 sc~uare fert • Eiiminated 2 lots adjacrat to James Way, which reduc~ ~ie amount of bui~din~ visl~ble from James Way. • F_liminate~ Z Iots in tke northwest come: of ~te oroje~ ~ wiuc~ reduc~ ttie deasiry adjacent to iarger 1ots. Shifterl Stre~t "A" towards the nortfr creatin~ de~aer Iots atona James Wav • This allows for more ;entie siopes that will unciuiate c:°..atin~ a~natural" Iookn~ landform. • The homes will be setbac:t ftu~her fram James Way. Created ~~0 foot aoa-buildable e3sement adiacxnt to .7ames Wav • This will ~arante~ a in;mum setbac:t far all future buildin?s, inc~udina acc~ory buildin~s. ' Increased lot sizes adiacent to Easv Street ? he average lot wi~ has bern inc:eased ta I?9 fe~ from I I9 ~t i~r lots ~6 aajace~t to the two Easy Strer: residenc~s whicfr crea~es mare soac~ be:we~ homes aad a more rurai ~ atmosphere. ~ ~ ~ • The avera~e lot s;ze oi the four lots adiacent to Easy Stre~t is ?0,300. Eliminated offer of dedication at northern end of Road "A" • ~ This will prerlucle a firture access to the north as part of this praject apgraval~.~ Clarified the intent of the Open Snace area • Lot ~ 9 will have a de~d restriction requirin~ that i~e Iot cannot be fi~~ su~rdivided in pemetuity, w{~ich will allow ouly one residenc~ an the Iot • A buildable area has bern desianated where future accessory structures cou[d (~e ~c~~~,e~. • The remai.nder of Lot 59, or agproximately ;0 ac:es, w~l Iiave an apen spac~ r~sezueIIt recorded proFu~bitin7 the consuvcton af buildin~s, insurinQ that it will re:nain un~eveioped in perneruity. We would also 1~ce to take this oppomuuty to inform you tf~ are intent is to buiId Iar~e, tradiuonal style homes ran~n; in oric~ from the low ~300,000'~ un to ~500,000. The:e will be a minimum of tour modeis, each vrith seve:al different arc~ite.,^~irai ~tinents ta create interest. The square footage oi the homes is projected to be be~vern 2,?~JU aud ;,~UO square fert. We also intend to ;enerously landscane the area aiona James Way wiih narive and ~rou~tt toterant plants. L'pon approva! by the Cirr Council of the C~eneral Plan ~~endmear, we will wor:{ on submirtal of the hame desi~s and landscane plans. We sinc~:ely hope that the above revisions deaioasuate that we are serious about a~dressin~ concerns raised by the Plannin, Cammissian and c:cizens to dare. If anyone has ~uesrions re~arding the revisions or wauld luce to discuss the projerr, pieas~ do aot hesitate ta call ~e at i73-I080. Best Re~ards, y Garv Young c: City Council Planning De~araneat f"/ tiN/ ~ C~G: /~'s•~' i S1'/u•v ~ ~r'/~ ,o oG,c . ~7/~.0.:. ~G~ , / ~G._ / ~i~/YJ ~ ~/•vSC/ ~ ~fy~K~ ~ / i ~ it/!L a~ ~ if% %G ~ ~ CY G'~, ~ ~ .ef ~ ~ i4= S G~ ~S C'/1 GS ~ ~ ~ . %/f.' ~G C /d / / ~ ~ ~ C ~ ~/v / / c ~ C~ U E~/ c.~ /L ~/1/ C ui ~ C~ 0i' Y ~ ~cGc.v /`Ll C'.~i Cc~.~S ~c: /~'C/~f S ~ w / ~d :.c,.sp GdC.;. ~ v c~ /fi~?c',~. U. /~c~ / Z( /y G~~' ~G u i/~~i? Cis f.~ G~.~1.4f S~.ct ~.o S~~ N._ ~ ti c. cc. ~~~i•~. ~ . , - - - - - _ . - - - ~ - - , , f~f ~ ~ ~v Ji~'.~. /E -S' ~v ~o ~ o~u S . ~Qp~'~~.5 ~ ~~c.~y i~! S/ cr~ /!r~ ~v rv~ ~S :~l~.. d c,2 . . . . ~ C C CN ~s " 2 G7 p /~/c ~ /t/ ~6`G~ ~?e ~ S S,d zc p iv D 1,~ D~~~y ~.94~. /i f / s~~~ / / ~iv ~v u•~~~~ ~ /L' LG.GC ~~.Z C ~~U GGd K ~ !/~C'//J t ; :.li t ~ G~ ~'i~ ~L a f - ~ ,v ! F:? v /H ~E ~ ~?e~c e,.~~~c s/~v ~'r~ > c.;t.~ 9~~ d /Gf C ~ ~ ~ ~j~ n S C !i' ~J ! /!1 O O it/ ,.~Ni(i'~~ fJ ! O~Yj'0 : _ % . ; ~.4• ~ .O.tr - ~ o',~. S~'~ G,vr.~ ss' ~ c~~ c ~T,~: ,~c_= ~ MINUTES ARROYO GRANDE PLANNING COMMISSION MARCH 30, 1999 The Arroyo Grande Planning Commission met in speciai session with Chair Greene presiding. Present are Commissioners Parker, Keen, Costello and London. Community Development Director Jim Hamilton, Planning Consuitant Tom Buford and Senior Consultant Engineer Craig Campbell are also in attendance. MINUTE APPROVAL Hearing no additions or corrections the minutes of the regular meeting of March 16, 1999 were approved as prepared on motion by Commissioner Keen, seconded by Commissioner Costello, and unanimously carried. ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS 1. Letter dated March 29, 1999 from Eugene L. Nooker regarding the James Way Annexation and EIR (Village Glen Annexation). PUBLIC HEARING - JAMES WAY ANNEXATIONNILLAGE GLEN ANNEXATION/TRACT 2265; GENERAL PtAN AMENDMENT 97-004; DEVELOPMENT CODE AMENDMENT 97-009; APPLICANT: GARY YOUNG AND ASSOCfATES. Chair Greene advised there are three issues pending before the Commission tonight. The first issue pertains to the Environmental Impact Report, which has been prepared and circulated. The action requested is relative to a request that the Planning Commission make a recommendation to the City Council in rega~d to certification of the E1R. Other issues relate to a request that the Planning Commission recommend to the City Council that they adopt in whole or in part, General Plan Amendment 97-004 and Development Code Amendment 97-009. He noted that these are separate yet related issues that will be discussed in sequence in order to preserve some continuity in the discussions. Planning Consukant Tom Buford reviewed in detaii the staff report dated March 30, 1999. He reviewed the applicant's request, which includes several actions. The Environmental Impact Report was prepared in regard to the proposed annexation and the development of proposed Tract 2265. Before the Planning Commission is a recommendation to the Council with regard to certification of the EIR. The applicant has also requested General Plan Amendment 97-004 and Development Code Amendment 97-009, with the effect of pre-zoning the property. In addition, matters not before the Commission tonight are recommendations with regard to vesting Tentative Map Tract 2265 and Planned Unit Development 97-56, which are subdivisions of app~oximately 64 acres of the site that would create residential {ots and one open space lot. The Planned Unit Development is for the purpose of allowing clustering of the homes and, in effect, creating tots less than one acre in size. Mr. Buford explained that part af what the Commission is dealing with this evening has to do with the annexation process, noting that when property is outside of the City it is not the City's p~e~ogative to actually take action on the annexation. That is the role of the Local Agency Formation Commission (LAFCo) for San Luis Obispo County and, in this case, they would be called upon by the applicant (assuming favorabie action by the City1 to modify the sphere of service and to annex the p~operty. Bringing the property into the City allows the City to Arroyo Grande Planning Commission March 30, 1999 Page 2 of 19 provide water, sewer and other services to the site. He pointed out that the City's actions at this point in time, basically, involve pre-zoning and the General Plan Amendment, and the LAFCo action. The applicant is asking the City to indicate its intention to zone the 86.3 acre annexation area in a particular way because the applicant is proposing subdivision of the property, which depends upon receiving a particula~ zoning once that property is brought into the City. The LAFCo action would basically be approval of the annexation and, following that action, the applicant would be proposing a vesting tentative tract map which would call for actual devetopment of the parcel. At the time the tentative tract map is b~ought forward for action before the Planning Commission and City Council, appropriate conditions of approval would be required. Mr. Buford commented that the Environmental Impact Report included each of the actions that was requested by the applicant, and if the Planning Commission recommends certification of the ElR and the City Council certifies the EIR, the conclusion then would be that the EIR produced information that was accurate and sufficient to advise the decision making body as to the e~vironmental impact of the p~oposed project, which includes tentative tract map 2265. He noted that tentative tract 2265 has been revised due largeiy to discussions the applicant has had with staff, the Staff Advisory Committee and the environmental hearings. It is also conceivable that tract 2265 may never be developed~as proposed even if it were eventually adopted by the City Council. However, it is a guide at this point as to the applicanYs stated intentions with regard to that portion of the property. With regard to earlier discussions regarding a possible Printz Road access, Mr. Buford stated as far as he knows only negative comments have been received about that possibility and the applicant is not interested in pursuing any proposal for Printz Road access into Tract 2265. He noted that there is a proposed access area th~ough Lot 44 for fire safety purposes that is included as a result of a request and recommendation by the Fire Department. Mr. Buford mentioned a couple of issue areas, commenting that there has been a significant amount of discussion regarding water resources; the standard in the General Plan as set forth in the staff report states basically that there be no impact on water resources due to annexation. The water demand for the project is estimated at 53 acre-feet per year; the applicant has proposed satisfying the water demand by bringing on line and dedicating to the City the Deer Trail well. He stated that the well would draw from the same aquifer as the existing City Oak Park Well, and it is noted in the EIR that the water quality from the Oak Park Well is not goad and it is likely that the water from the Deer Traii well would have been treated at the well head. There are also some questions that are raised in the EIR with regard to the policy of taking on line a well that has relatively low production and has relatively higher cost than higher production wells, and whether that, in fact, satisfies the intention of the General Plan. Another significant issue is the matter of traffic. Mr. Buford advised that the Environmental Impact Report relied on a traffic study that was conducted with ~egard to anticipated traffic from the site. He pointed out that the standard in the City is that intersections should remain at a minimum of a Level of Service C, and that a Level of Service D is acceptable only if traffic improvements are identified that would improve the intersection to Level of Service C when completed. He referred to the table in the EIR stating that basically the conclusions drawn were that the project when added to the existing projects did not create a significant impact because Arroyo Grande Planning Commission March 30, 1999 Page 3 of 19 it did not lower any intersection below a C Level of Service. However, at base line, it is noted that the Brisco Road/West Branch Street/US 101 northbound ramp wouid operate at a D Level of Service. When the project is added to the base line, basically, there are two intersections where a slight increase occurs in the delay but there is no reduction in the Level of Service. The conclusion based on the City's threshold is that the traffic from the project would not cause a significant environmental impact and would not violate the policies of the City of Arroyo Grande. The note in the EIR with regard to the Brisco Road/Halcyon Road/US 101 interchange is that the City is completing a study or analysis with regard to alte~natives for that intersection and with implementation of any of the three long term measures proposed, the baseline Traffic would improve to Level of Service A or C depending on the alternative. Mr. Buford stated that the parcel to be annexed of 86.3 acres is not a level parcel and has a significant topography. He referred to the table taken from the Development Code to illustrate the manner in which the Development Code approaches parcels that have significant slopes, stating that staff believes the intention is evident that on a parcel such as this where there are areas of significant slopes they would be designated as open space. This tabie indicates slopes 25 % and up, there wiil not be building and grading on those sites, and if those parcels were to be subdivided they would be intended for open space to be owned by a Homeowners' Association. He stated in looking at the parcels that have been created, staff betieves they are consistent with the Development Code. He commented that even though Tract 2265 is ~ot before the Planning Commission fo~ recommendation at this time, it is felt it makes sense to be sure that the proposal by the applicant is realistic in terms of the City's General Plan and Developme~t Code, and it is staf#'s opinion that it is. Mr. Buford advised that staff is recommending the Planning Commission recommend that the City Council certify the EiR, and recommend that the General Plan be amended to designate the project site as Rural Residential, and that the City's zoning map be amended to p~e-zone the project site as Rural Residential. In response to Commissioner Costello's question regarding method of funding for additional police and fire personnel as a result of the project, Community Development Director Hamilton explained the funding would be based on an incremental increase that would have to be allocated and/or addressed through the budget process. Commissione~ Costello also questioned Impacts B 1 and B2, storm water runoff, and inquired if the estimate of 2.1-acre-feet proved to be inadequate, where would the additional funds come from. Mr. Buford noted that the fiscal impact analysis has identified a certain source of revenue from new development and the rest would fall in the present manner in which the City is financing those services, and there are a variety of avenues for the City to address those. However, once the tract is approved, you don't go back and impose conditions again on that tract. Commissioner Costeilo stated he has some serious concerns regarding the wate~ quaGty of the Deer Trail well, and the language in the EIR seems to be couched with "hedging the bet". He commented it isn't dear what the quality or quantity is going to be, or what the net impact will be on the existing wells or impacts from other projects that might tap into the existing aquifer Mr. Hamilton explained that the mitigation measure is attempting to put in place a monitoring process to insure that the water quality is adequate and to determine whether or not additional Arroyo Grande Planning Commission March 30, 1999 Page 4 of 19 measures need to be taken to insure that. Commissioner Parker referred to a previous comment regarding provisions that could be taken to keep the 33-1 /2 acre lot from being developed at a later time, and inquired about the deeding process. Mr. Hamilton advised that an easement would be placed on the property and would be a legally described part of the title of the property and is a condition of approval of the tract map. Removal of the easement would requi~e the approval of the City Councii. In other words, it would be a privately owned parcel of property with an easement and, in essence, that easement would stipuiate there be no development within that property, and to change that easement to something else or to remove it would require approval of the City Council. Commissioner Parker expressed concerns regarding water quality and costs related to treating the water and the effect the Deer Creek well would have on the Oak Park well. She commented that if the study shows that because of costs, condition of the water, and the drop in the Oak Park weil, it really does not support the building of 56 homes but perhaps would support 30 homes, she questioned if that information would be given to the Commission before or during the project review? Mr. Buford advised that the mitigation measure require that information all be determined prior to any grading or construction occurring on the property and prior to any subdivision map approval. He siated the map condition requires that these matters be resolved to the satisfaction of the City prior to any approvals being granted that would result in modifications of the property or the project. Commissioner Parker referred to the information in the staff report indicating that the water demand for the project is 53 acxe-feet a year, and inquired if that figure takes into consideration the summer mo~ths where the water needs may increase? Mr. Buford advised the figure is based on the City's procedures for determini~g water demand and the EIR consultant's review of that information. Commissioner Keen referred to Page 11 of the staff report relating to the mitigation measures requiring development costs and ongoing services to be funded by the project applicants or future residents, and inquired if the City has a mechanism that could charge a subdivision a different water rate than the rest of the City to recover treatment costs? Mr. Buford stated he is not aware of such a mechanism. Afte~ further discussion between the Planning Commission and staff, Chair Gresn apened the public hearing and invited the applicant and his representatives to speak first. David Foate Firma. 849 Monterev Street, responded to Commissioners' questions du~ing the foregoing discussion. With regard to the question regarding the Pismo Clarkia, Mr. Foote advised that a botanical survey was conducted in the spring, the time the Clarkia would normally be present, and none was found. The Department of Fish and Game felt that due to the nature of the species, it can be abundant some years and almost non-existent others, so they requested that another survey be done before any dirt is moved out the~e, which is a normal procedure. . Regarding the question of the increase to Tally Ho Creek with the 50 cubic feet per second, Mr. Foote stated it is his unde~standing that it is impossible to calculate the level of increase; it is Arroyo Grande Planning Commission March 30, 1999 Page 5 of 19 negligible in a channel of its relative narrow width, and if there is no increase, the width increase would also be very little. He explained the ~eason width is referenced is that usually flood levels are the key thing and not the width itself. With regard to the timing of the interchange, Mr. Foote pointed out that if design studies are under way, the Level of Service D that is forecast for that intersection, until that interchange is improved, that LOS D would only be a result of buildout ot all of the cumulative project list, which includes a full buildout of Los Robles Del Mar and all of the projects within the City, some of which have not even been approved yet. He commented that the buildout of that list is some number of years in the future, and the process to get the interchange designed and built is also a number of years. Whether or not they will coincide nicely is somewhat speculative. In response to Commissioner Parker's questio~ regarding the collector status on Rodeo Drive, M~. Foote referred to response to comment 15.1, and the answer is it is both a collecto~ street and a local street depending on which end you are standing on. From Mercedes Drive west it is built to a collecto~ width per the Circulation Element standard for a Collector Street; the area eastward of Mercedes to James Way is built to a Locai Street standard and the volumes that it is currently carrying are within Level of Service C or better for those widths. Mr. Foote stated that the water forecast of acre-feet per year is an average over the whole year so it does take into account peak periods as well as low periods. With regard to Commissioner Costello's question as to what could be approved in the County, Mr. Foote referred to Section 2, Page 2, for a synopsis of the County code standards and the criteria that would have to be met to do a cluster development on that site, the amount of water that is avaiiabfe there now and the number of homes that it couid sustain are about 50. He noted it is unknown what the septic capability is for that property and it may constrain that number lower; the realm of 40 to 60 is probably something that could be p~oposed to the County under their cade without asking for a variance. Mr. Foote also ciarified that if the Planning Commission were to approve a pre-zoning that is more intense, he is not sure that this E1R would cover it; this EIR covers a certain project density and, therefore, that would need to be thought through carefully. Also, regarding the question posed by Commissioner London relative to the situation of the Los Robles well, Mr. Foote pointed out that the EIR states that the City of Pismo Beach has no intention of using the wells at Los Robles Del Mar and that project would be receiving water from their State water allocation and, to the best of his knowledge, the wells that the City of Pismo Beach uses currently a~e actually located in Grover Beach. He noted they currently have surplus for their General Plan buildout and, in his opinion, it doesn't appear imminent that those wells are to go on line; they certainly could in the future, however, that is not thei~ plan. In answer to Commissione~ Parker's question regarding effect of water avaiiability and the water quality from the well during peak periods, Mr. Foote stated it is his understanding that the deep aquifer at 900 feet does not have a lot of seasonal fluctuation. Mr. Foote further advised it is his understanding that there is a well currently on the property and it has been analyzed by Cleath Associates and the report indicates about 50 residences couid be served under a mutual water company formed within the County. He pointed out that the report was Arroyo Grande Pianning Commission March 30, 1999 Page 6 of 19 actually prepared for another property owner. He stated water doesn't seem to be a constraint in the County, but septic might be. Mr. Foote advised that the open space lot is 33 acres, which is less than the overall annexation area but is less than half of the tract. In response to Commissioner Parker's question relative to responsibiiity of the cost of water treatment assuming the proposed Deer Trail well requires some type of well head treatment, Senior Consultant Engineer Craig Campbell explained the two components of cost with a treatment facility, which is a filtration facility at the well head. One is the construction cost, which would be the applicant's expense. There is also an ongoing maintenance expense, including treatment, which would be the City's expense. Dan Llovd. EDA, 1320 Nioomo Street, representing the applicant, spoke regarding the comparisons of the project if developed in the City or County. He stated the applicant is required by the County to exhaust their opportunity for annexation by the City, therefore, the project is being brought to the City first because that is the logical sequence. The property is adjacent to the City, is a logical infill on the edge~of the City and is surrounded on three sides by the City. If for some reason the City is not prepared to take that step toward annexation, then the applicant will go to the County. Mr. Uoyd stated, in his opinion, the annexation is appropriate from a revenue standpoint and from a control standpoint. The idea of clustering is allowed by the ordinance and is a very good planning tool because it provides better use of the resource of the land, putting development where it should go and leaving the open space which should remain open. He presented a brief comparison of this project to other projects in the City of similar nature, such as Oak Park Acres, 250 acres with 251 units (1 unit to the acre); the Rancho Grande project of 82 acres with 83 units (1 unit to the acre), and the Royal Oaks project of 151 acres with 233 units (1-1/2 units to the acre). The proposed annexation of Viilage Glen has a proposed density of 59 units and is .9 units to the acre. With regard to development in the County, Mr. Lloyd stated that one unit per gross acre could result in 64 units, which would require development of an on-site water company and a community disposal field. The community disposal field would be regulated by the Regional Water Quality Control Board. They have a minimum requirement for about 50 units for a community septic system, and that system would be located on the more northerly portion of the site where the soils and slopes are appropriate. Mr. Lloyd answered some of the questions raised previously. He stated, with regard to drainage, a detention basin is proposed on site that will limit flow down to Tally Ho Creek in its existing water course, in fact, it will reduce water going into that water course by spreading that water over time. He noted that is an improvement and betterment and with respect to capacity, it would need to meet all of the standards that are set by the City, and could actually exceed that crite~ia if deemed necessary and warranted. . With regard to water quality and wate~ quantity, Mr. Lloyd advised that in order to bring a water supply into the City, the applicant would have to address wate~ quality and quantity. Arroyo Grande Planning Commission March 30, 1999 Page 7 of 19 As far as quality, he advised that generally speaking, that water is treatable to a standard that wouid be usable, and the City could actually identify those costs associated with treatment and apportion a flat fee of those costs against those residents' water bills. With respect to grading and landform, Mr. Uoyd commented that the first plan did show maximum usage of the parcels and create the biggest usable area. However, in the redesign, they were able to show they can actually reduce the slope adjacent to James Way, contour it and create a more natural looking sloped bank with landscaping, boulders, etc. He noted that trails are proposed at the request of the City, however, there are none within the site at this time so the actual final location would be determined in consultation with the Parks and Recreation Director. M~. Lloyd stated his feeling that the most important thing as far as he has seen is that the level of review and analysis that has been conducted by Firma on behalf of the City is thorough, comprehensive and answers the questions. He stated there are no impacts that cannot be mitigated, the density is appropriate and is in keeping with the residential de~sity existing within the area. With respect to the General Plan Amendment, in his opinion, it is appropriate to bring this property into the City, and he feels it is app~opriate to look at the one unit per gross acre density and is consistent with the ordinance and with County standa~ds. He further stated he feels the City is in a position to have a better project by having it developed within the City. Snencer Harris. 1390 Oceanaire D~.. San Luis Obisno. stated he is a registered geologist in California and representing Cleath and Associates as a hydro geological consultant. Mr. Harris responded to Commissioner Parker's question regarding water resources noting that the deep aquifer within the Pismo formation is not directly hydraulically connected with the Arroyo Grande Valley and the groundwater basin that underlies that portion of the City of A~royo Grande and the adjacent cities. Therefore, this particular aquifer is not going to impact the water availability of resources within the groundwater basin. The aquifer that is within the Pismo formation is structurally bowl shaped and is relatively deep beneath the site which was selected fo~ the test drilling. If the City decided it wanted to develop this water resource, then a well at this location would be recommended. Chair Greene commented that it appears Mr. Harris' position is that the Deer Trail.well, when operational, is not a redundancy with the Oak Park well. Mr. Harris stated it is not a redundancy and is an additional asset that will provide additional water from this resource. He noted that the Deer Trail well will be tapping this aquifer at a significantly greater depth than the Oak Park well, so it has the capacity to draw from a much greater storage area than the Oak Park well and will tap water that the Oak Park well will not tap. Chair Greene asked for Mr. Harris' opinion regarding the quafity of the water and what sort of treatment will be necessary and what costs would be associated with tfiat treatment Mr. Harris stated his opinion that the water has a prabtem with iron and manganese; these are secondary standards which are not directly health related and relate more to user preference. The rest of the water quality he has seen, based on his review of water quality on the James estate that has the same aquifer is that it is fresh and not too hard and, therefore, he didn't see any major problems with the water quality other than iron and manganese. He further commented that Arroyo Grande Planning Commission March 30, 1999 Page 8 of 19 there are many welis throughout the County that are treated for iron and manganese sa, in his opinion, this would not be an overly burdensome problem, but he woufd refer it to the Public Works Department for a cost. Garv Youna. Arrovo Grande. applicant, stated when they originally went out to the other property owners that are joining them in the annexation, they went out at the request of LAFCo, one of thei~ requests was that they be zoned with one acre parcels. Therefore, when the applications were turned in to the City with the concurrence of City staff back in 1996, it was agreed that the zoning come in as one blodc. He commented in defference to the property owners, he would not say that he specifically represents them, but he has met with them and, in his opinion, it would be their desire at this point to have the same zoning being requested and that is the RR1 zoning. Commissioner Parke~ inquired if the applicants had met with the property owners about the emergency access route from the proposed development going straight to the back of Easy Streetl Mr. Young stated there are actually three property owners up o~ the hill and he had met with two of them last evening. Their property backs up to the project boundary where the Fire Chief has asked for the emergency access, and the one owner who really has all of the access on his property is in agreement. He understands the project will be providing him a way for the Fire Department to get there should they not be able to come around the back of the hilL Phil Whitaker. 921 Huasna Road, stated he is in support of this project. He is a general contractor and has lived in the City of Arroyo Grande for 10 years. He stated he has reviewed this project and the Environmental Impact Report, he has walked the project, has been to the Deer Trail well site, has reviewed the models that are being proposed, and he knows the developer. He stated he likes the project and it gives him an opportunity in the future to possibly have a home up o~ that hill. He further stated he likes the idea of clustering, which allows the opportunity for some smaller and some larger homes. He commented he would like to see the Commission recommend this project and agree with City staff that this would be a good project for the future of the City and, in his opinion, it fits well with the idea of providing for future families. He stated he believes it would be wise for the City to control this project instead of the County, and he would like to ses the revenue come into the City. Fred Wendell, stated he had made comments during review of the Draft EIR and the number . of changes he observed in the Final EIR were relatively few compared to the Draft EIR. He stated that because of the number of questions being asked indicates to him that the document has not gone the full measure to provide the Commission with the information needed to determine whether or not this project is in the public's best interest. He further stated the questions he asked during previous reviews of the Draft E1R were not answered, and he would _ have liked to have those answers. One of the points he would like clarified relates ta clustering. He stated there is no modification in the Fnal EIR and he has not seen the tract map so he doesn't know if there are changes there. However, what he saw in the Final EIR still suggests small lots adjacent to larger acre homes and, in his opinion, this will affect property values and will also affect his view. He stated he would like to see larger lot sizes proposed for adjacent properties with larger lot sizes. Mr. Wendell stated he is still concerned about the Arroyo Grande Planning Commission March 30, 1999 Page 9 of 19 water issues. He commented his property lies in a direct line between the deep aquifer and where it surfaces, and he is concerned that his well, as well as many other wells within the area, may be deep enough, and if you are drawing a lot of water from deep in the aquifer, is that going to affect his ability to draw his water from his well7 Mr. Wendell stated, from a larger community perspective, he would like to have an answer about the cost of treatment. He noted he does not understand why this cost information is not in the EIR if there is a well that is already producing and drawing water from that aquifer and is being treated; the information is there and should have been incorporated in the Final EIR. Mr. Wendell concluded that he opposes the annexation, as currently structured and as he understands it. The project EIR has not addressed his concerns; and it appears that its goals are the developer's goals at his expense, and he is not sure it is structured to comply with all of the elements qf the General Plan. Also, in his opinion, it exposes the City to unnecessary risks and expe~se with regard to the water issue. Glenn Hoving, 445 Cobre P1ace. stated he is a resident of Arroyo Grande and also works for Century 21 Real Estate. He commented about the compatibility of this particular project, stating from his perspective the project is compatible and makes sense with the homes surrounding this parcel. He stated over the last year and a half he has received numerous questions regarding this project and when it will be completed. Mr. Hoving stated his opinion that this annexation makes sense and he highly recommends the City go after this project rather than have it develop in the County C. Z. Brown, 350 Old Ranch Road. stated he has had the opportunity to review the EIR and Tract 2265. The proposed tract composes 64 acres, which includes five other parcels under various owne~ships, totaling 86.3 acres. The annexation has five existing residences, four of which are not included in Tract 2265. He questioned if this means four more plots should be incfuded and, if so, how big are theyl Are they 22 or more acres? He noted that 86.3 acres plus 22 additional acres equals 108.3 acres, and the EIR speaks of 1 acre plots. He questioned if this means 108.3 potential residences, or is 50°6 of that going to be dedicated ta open space? !n addition, he stated if acres are downsized, this could possibly provide for more homes and especially if they are clustered. He stated he couldn't tell from reading the EIR how many homes would be dustered and how many would be residences. He stated it is difficult to determine the exact number of cluster homes to be developed and others; the EIR talks about 63 units, 904 units and 105 units. He further stated on Page 3-6, Paragraph 6.1, "Consistency Analysis", states over half the tract is to remain as open space. He questioned if this is one half of 64 or one half of 105? Mr. Brown referred to the entrance or exits f~om the project, noting the statement "The 11.5 acre parcel southwest of Tract 2265 would potentially link Rodeo Drive cul-de-sac to the street stub-out within the tract." He stated .that Rodeo Drive already has a traffic problem and he urged that outlet to James Way from the project be moved further north. He stated he noticed from the plot plan on the board that there is a section there not included in the development but within the annexation for access. If that access road could exit on James Way nearer to Rancho Parkway, in his opinion, that would be more appropriate. If it could not exit further to the northwest and it is going to exit onta Rodeo Drive, he suggested an abutment there as it Arroyo Grande Planning Commission March 30, 1999 Page 10 of 19 exists on James Way so traffic wouldn't,proceed directly down Rodeo Drive; put a right turn lane only and then going east on James Way, put a left turn lane only so that the traffic going on Rodeo to James Way could not go directly into the project. As a side note, Mr. Brown stated that in reviewing past traffic studies, it might be well to ask our own Traffic Commission to take a more accurate review of what is going on with the cumulative circulation problem within this ~espective area. This would include the Village Glen, the Highlands, the Rodeo Heights project, the Cantrell project, etc. He referred ta Page 3-4, 4"' paragraph, 3rd sentence, stating "The process has led to the creation of many lats, some approaching one acre in size without an adequate road access due to a poorly planned overall circulation system". Mr. Brown stated he agrees with that statement and a more comprehensive approach to planning is needed, not just review of this individual EIR. He also referred to issues of scarring of hillsides due to poor grading practices, inadequate drainage resulting in flooding and siltation of drainage cou~ses. He urged the Commission to take a critical look at these potential problems. With respect to the traffic, he reiterated that perhaps the Traffic Commission could do a comprehensive traffic circulation study that would be helpful to this Commission and to the Council. He noted that on Page III, 13E, under "Known Controversy" it states "No known areas of public or agency controversy." Mr. Brow~ stated he totally disagrees with that statement. There is disagreement on traffic, water, park fees and whe~e the funds are goi~g to be spent, the impact on schools, etc. Under "Alternatives", V, 1 and 2, under C, Paragraph 7, it states "Reduce project to 20 to 50 would avoid or reduce all significant impacts to a level not requiring mitigation for some or all impact areas." He stated, in his opinion, this would seem to be quite appropriate. He mentioned a letter from Larry Allen, Air Pollution Co~trol District, wherein he made several pertinent observations. It states 'District staff does not agree with the air quality analysis and that both short term and long term impacts to air quality could be affected. The project description is unclear as to the maximum number of units." Mr. Brown stated it is still very unclear to him; 81 units if the othe~ 5 units are developed, o~ is it 99? In addition, will the 33.5 residential lots be retained ar further subdivided? He commented he believes Mr. Allen's observations are pertinent and he questioned just how many cluster type units and residential units are to be planned for this particular project7 Kathleen Wendell, 727 Printz Road, stated she and her husband were not notified about this meeting and did not find out about it until Saturday morning. She stated when they went to the library, a copy of the Final EIR was not availabie, however, they were able to obtain a copy and spent a great deal of the weekend reading the document before they had to return it. She stated she was concerned about the fact that the Final E1R and the tract map do not match and is very confusing. She commented, therefore, her ~ecommendation would have to be based on the Finai EIR information. With regard to the weil, she stated it seems if this were developed in the County, they could use this well and it is stated that could support 52 homes, so they could have a community well system and in that way they would be responsible for maintaining the equipment and the treatment of the water, which would all be intemal to the site. One of the issues she wanted to emphasize was relative to comment 19.2 which states "....new deveiopment, and its need to be in an approp~iate density and intensity based upon compatibility with the majority of existing surrounding land uses." She stated the reference Ar~oyo Grande Planning Commission March 30, 1999 Page 11 of 19 to "majority of existing surrounding land uses" seems to be pretty cut and d~ied. She noted that adjacent to the north are 2.5 acres to 10 acre parcels, over 2.5 acre parcels adjacent in the west, and going to the east there are two 2.5 acre parcels and two 3.0 acre parcels, and only in the south across a large street behind a fence do you have a more dense environment. It seems if this development were to meet that criteria it would be in the RE 2.5 acre parcel at a minimum. Ms. Wendell stated she too felt there were a lot of questions asked at the last meeting that were not sufficiently answered in the Fnal EIR, such as who would be responsible for treatment to the well, and the possibility of the long term need to do blending. Also, the question about legal conveyance of the well site to the City; whether it would be bought or teased? There were also comments in the draft ElR indicating that the cu~rent planning at the way we would be building out would use our allocated water supply and, therefore, anything additional tfiat would be annexed would have to have their own water. She noted that the area designated for open space a~d the trails is pretty steep. With the foregoing comments, Ms. Wendell stated it is her recommendation that the Planning Commission not recommend this Final EIR be certified by the City Council. Also, in her opinion, it appears that by using the guise of clustering we are not going in conjunction with the surrounding properties, and therefore it seems more appropriate to go with Reside~tial Estate zoning. Carter Hooker, 380 Soanish Moss Lane, spoke regarding the traffic at the B~isco underpass, stating that three lanes is not sufficient now and when Wal Mart and the rest of these tracts are built out, it will be a lot worse. He commented that the Brisco unde~pass has to be widened in the near future and, hopefully, before it gets too crowded. It is a real physical conc~ete bottleneck that needs to be addressed immedia#ely. He further stated he is surprised the City can't come up with any kind of conditions to take care of the additional cost to the City for the Fire and Police, school, buses, etc., and there must be some way to work on that. He noted that the water issue comes up in every City and in every meeting. Also, the sewer issue is one of his main concerns and he inquired if an overall assessment of the sewer requireme~ts has been done, adding up tract by tract and building by building, and is there enough capacity for the treatment? Mr. Hoaker referred to traffic on Rodeo Drive, commenting that it is the straightest shot to the freeway and everybody uses it. He stated addressing these things one at a time doesn't seem to be enough, and he urges using some kind of a score card to literally start keeping track of all of the commitments and keep adding them up because at some point in time. the City is going to have to say "no" to somebody. Mr. Hooker recommended that the City consider the same kinds of questions for the non-tract section as for the tract section; what kind of rules. what kind of limitations and what are the requirements? He noted the City is going to have to maintain alf of their streets and p~ovide City services to them also. Jack Hardv. Grover Beach. stated he is in favor of the project and he feels it has been very well . planned out, makes a lot of sense with the clustering of homes. The plan has a nice design and fits well with the transition of homes on the south side of James Way. He commented, in his opinion, it would be far better for the City to control a project like this than for the County to control it. He noted some of the advantages to the City such as 59 new taxpayers paying Arroyo Grande Pianning Commission March 30, 1999 Page 12 of 19 property tax to the City, in-lieu park fees, and a lot of families spending money in Arroyo Grande. He stated he believes that this is the type of controlled growth that this community needs and urged the Commission to recommend this project to the City Council. Glen D. James, stated his father bought the property up there many years ago and his family has been working with Gary Young over the past three years. He encouraged the Planning Commission to recommend approval of the project to the Council, stating he believes it is an excellent project because it concentrates the development and still leaves a large green area. He commented that some of the other proposals made to them were for rather large rich estates and he hates to see only the rich get housing. Mike Lebow, Canvon Wav, stated he is in favor of more of a no growth policy to keep the hills from growing with homes and keep the integrity of the nature of this area. Doug Dunn. Arrovo Grande, stated he has a piece of property that touches this development. His concerns indude the density and building on that prominent ridge line, and also the water issue. Dick DeBlauw. 774 Alta Vista Wav. stated he has reviewed the plans for the property and the design for the subdivision and, in his opinion, it is a good design for development of the property. He further stated he would prefe~ to see it designed as the plans show than have homes spread out all over that acreage. He noted he has been on a well from that same aquifer for 27 years and it is good water and the water table never seemed to move up or down. He commented, in his opinion, the Commission should think about good planning and seriously recommend taking this property into the City of Arroyo Grande for development ~ather than let go to the County. He urged that the Commission plan for the people rather than plan against the people because popuiation is happening and we need to have places fo~ peop~e to live. Melissa Watkins. Heritage lane. Arrovo Grande. stated her feelings that annexing this property as part of the City is a wise decision because then you do have cont~ol over what is done with the property, and it would be a financially sound decision. She also stated she feeis that the tract project as presented is a good one and that the public expects that parcel of property to be developed and is something that everyone knows is going to happen eventually. She further stated she feels that people will be pleased to see a smaller project like the one across James Way instead of the larger estate lots, and she hopes the Commission will recommend approvai of the annexation to the City Council. Sara Ann Ma~shall. 203 Montecito Ave.. Shell Beach. stated she is in favor of the project. She noted one of the pros for her would be the fact that there are 4 bedroom homes at affordable prices and the lots are larger and have more room for childre~ to play. Bob Harris. Cleath and Associates, addressed various comments regarding the fact that there are wells along James Way that would probably tap this aquifer and it is the applicant's intent to be attentive to those. He noted that Cleath and Associates' position on water avai(ability is that water for a property for development should be sustainable by the property, and generally speaking, the more property you have overiying an aquifer the more right you have Arroyo Grande Planning Com~ssion March 30, 1999 Page 13 of 19 to pump that water. Therefo~e, when Cleath & Associates looked at the recharge that is available for the property itself, it was feh there was a constraint on that recharge and informed the applicant of that, noting that this is the amount of water we would credit that property as being able to sustain. Beyond that you wauld be pulli~g water from outside of the property and thereby potentially impacting adjacent wells. Mr. Harris noted that their analysis is based on well interference and recharge, and the well interference has been analyzed conservatively and presented in the EIR, as well as recharge. When the well is drilled and tested, then a final analysis will be presented of the impacts. ~an Llovd. EDA, stated their position this evening is to make sure the Commissio~ers' questions are answered. With regard to water, he noted that the proposed well site is going to provide water in excess of the project's needs and, therefore, there will be more water avaitable to the City than will be utilized by this property. Also, this well will provide water for the additional parcels within the annexation area, and the sewer needs wiil be met. With regard to the density issue raised, Mr. Uoyd stated he doesn't believe there is an issue regarding density; one unit to the acre for the entire annexation area is not a problem. Chair G~eene spoke regarding the traffic that would be generated by this project on Rodeo Drive, stating that the issue of traffic on Rodeo Drive has been a very contentious and troublesome problem for the City since the street opened a decade ago. According to the data that was provided from a 1997 study, the street carries 2300 vehide trips per day to Branch. He stated, according to the conclusion by Mr. Foote, 300 vehicle trips per day is not a significant environmental impact, howeve~, it is agreed that it is a significant impact for the individuals who live in that community. He asked if there are any alternatives to mitigating the traffic problems available to the applicant? Mr. Uoyd stated, in his opinion, there are a lot of good suggestions that have been mentioned and it was his feeling that some good options could be looked at with the Traffic Commission. Mr. Lloyd stated that the timing seems to be right because there is a little time between now and the time when this project comes back to the Commission, and there could probably be three or four meetings with the Traffic Commission. One option could perhaps include the support of a consultant to dea( with traffic calming suggestions and look at it in an aggregate way, and actually come up with some mitigation measures that the applicant could help fund and perhaps identify a mitigation program that could be adopted by the City. Chair Gree~e suggested that a mitigatio~ measure be added in the EIR directing the applicant to engage in and work with community resources such as the Traffic Commission, Department of Public Wo~ks, and citizens who represent the community in that area in coming up with a proposal or a plan to either calm traffic on the street or to help fund an alternative route that might alleviate some of the traffic. Mr. Uoyd indicated their willingness to participate in a joint discussion and solution to the traffic issue. Chair Greene asked if Mr. Lloyd and the applicant have given any thought to endeavoring to work with the adjacent property owner and developer of Tract 1834 to provide an outlet for the subject development through Tract 1834 instead of running the road that is proposed to go through the existing James residence and maybe drawing it a little bit to the west and providing an access through that parcel. An opportunity could be offered to that individual to develop a secondary emergency access, which could be a benefit to both subdivisions to have access to an east/west corrido~ th~ough what is now the Arroyo Grande Pl~ning Commission March 30, 1999 Page 14 of 19 11 acre James property. M~. Uoyd indicated their willingness to discuss various options. Mr. Young, applicant, inquired if the reference to additional mitigation measures that are not contained on his property, references funding something that is not on his property? Chair Greene advised when this project was before the Commissio~ previously, one of the Commissioners recommended that the~e be some sort of complimentary agreement that would enable the current proposal to be considered tempering this effort to reduce traffic through the neighborhood that seems to be most impacted by this proposal. Mr. Young pointed out that his project needs to take care of his needs and to start talking about "fundi~g" on another pe~son's project is getting out of the purview of his responsibility at this point, especially when talking about a private developer with a private project. He noted he woutd certainly not want to link his p~oject to Grace Lane, however, he would jointly wo~k with .the community for the betterment of the community to solve traffic issues. Mr. Young stated that the issues before the Commission tonight are the issues of recommending to the City Council to approve annexing the p~operty, recommend to the City Council to have the Gene~al Pla~ Amendment show the pre-zoning and recommend the pre- zoning, and he encouraged the Commission to vote tonight. Hearing no additional comments from the audience, Chair Greene closed the public hea~ing. Commissioner London stated that his questions have pretty much been answered and the project seems to fall within all of the requirements of the General Plan and Development Code. Commissioner Costello stated his biggest concem about the proje~t revolves around the water issues and, in his opinion, we won't have answers on the water until a well is actually drilled and testing is done. Inasmuch as the final approval of the tract map is continge~t upon those wells being examined, he feeis that is an issue that is going to be resolved down the line. In terms of some of the mitigation issues, the structure we have to deal with in the City such as public safety issues doesn't give any latitude, because there is no language that exists that says we are going to need an additional officer and we are going to fund it; that is going to happen after the fact. He stated he has a problem with full mitigation for schools, and he understands it is beyond the purview of this EIR to solve this particular p~oblem. Density needs to be dealt with and, as pointed out by staff, when the project comes back, we have the flexibility to work with the project in terms of how we go about reaching the consistency. There are a lot of issues he needs to think about and that will need to be dealt with, but he believes the document does meet the minimum and does answer some of the questions. In principal, the annexation is a logical extension of the City's boundaries and does fit into the City of Arroyo Grande and probably should be annexed. The question remains; what is the best way to do that and what is the best project to put in therel Commissioner Parke~ stated she believes in the cluste~ing type of density, and that this project conforms with the statement in the General Plan that when you put in a p~oject, it needs to conform to the surrounding la~ds and, in her opinion, this one does. The reason she fikes the clustering of homes here is because it leaves the lands she believes to be an environmental issue. The land in the culvert and the land that is surrounded by all of the Oak trees need to Arroyo Grande Planning Commission March 30, 1999 Page 15 of 19 be preserved. She aiso believes that annexation needs to be addressed in the General Plan, and because this site is already surrounded on three sides by the City and is within the City's sphere, it doesn't represent an urban buildout, rather it feels like we are filling in the hole, and seems like a natural acceptable annexatio~ that doesn't sprawl us out in one direction or another. She also stated whether or not this p~oject is built, Rodeo Drive needs to be addressed and, in her opi~ion, Rodeo is not necessarily a problem because of this project, but Rodeo has a p~oblem despite this project. Commissioner Pa~ker referred to an Oak Grove area of six to eight Oak trees that is designated to be removed and suggested this area be looked at when the project comes back to the Commission to see if anything can be dane to preserve the rural character even further and contain that Oak grove and not remove it. Also, she stated she believes that a community based sewe~ system that the City could p~ovide to this area would be much more preferable to the area than having either individual septic systems or community septic systems. With regard to water, Commissioner Parke~ stated she is concerned, however, she is glad to hear that the water studies will be prepared and in place before the City has to look at the project. Commissioner Keen stated he feels that this project is a good in-fill project and needs to be developed by the City because of the different ramifications it would have if developed by the County. Regarding schools, Commissioner Keen stated the City's efforts of trying to designate land from a project for a school has been unsuccessful and, in his opinio~, having school fees given is the best way to go. The Police and Fire Department have a mutual aid agreement and, therefore, if the County develops it, the City will still service that area. There will still be traffic on James Way and Rodeo Drive if the County develops it, so that is another reason the City should annex it and try to govern and develop some way to help on Rodeo Drive. He stated if there is a way that this traffic impact fee could ga di~ectly toward helping fina~ce the Rodeo Heights bypass, in his opinion, that would be a step in the right direction. Senior Consultant Engineer Craig Carnpbell advised that presently the only traffic fee structures that are available are for specific lists of projects, such as a traffic facilities impact fee and a traffic signalization fee, and these each have their list of city-wide improvements where they are applicable for, and the City is restricted in using them for that, and correcting problems on Rodeo is not on that list. Basically, to use the fees for Rodeo, you would need to amend the Fee Ordinance to add that as one of the list of projects. Chair Greene clarified that the purpose of this hearing is to consider whether or nor the Draft and Final EIR together adequately (1) identify the environmental impact, (2) adequately analyze the environmental impacts, and (3) propose appropriate mitigations. If the Planning Commission votes to recommend to the City Counal to certify the EIR, that does noi mean that the project has been approved, only that the environmental impacts have been adequately identified, analyzed and mitigations proposed. He outlined other major steps in the approval process ~ before the p~oject can go on line, some of which are policy issues. Chair Greene noted the Commission is guided by tfie Land Use Element of the General Plan, Objective 10.0, which talks about expansion of city boundaries and annexation. He stated he believes this property should be annexed and he also believes reasons fo~ the annexation have Arroyo Grande Planning Commission March 30, 1999 ~ Page 16 of 19 been adequately explained by other members of the Commission. He stated he is very uncomfortabie with this EIR because it focuses almost entirely on the annexation of Tract 2265 and addresses in a superficial manner only the annexation of the remaining parcels which constitute the other 19 acres. When some of that land becomes developed it is going to add additional environmental impacts which, in his opinion, have not been and cannot be adequately addressed in the EIR. He commented that the handwriting is on the wall and these properties are going to be developed and the impacts are going to occur. He is conce~ned because the water analysis focuses a great deal on some 59 homes and doesn't include a discussion regarding additional homes. Maybe the well that is on Deer Trail can absorb the additionai wate~ needs, and maybe the other issues regarding police, fire, public safety provisions, school issues, school fees and traffic mitigation issues can be dealt with, however, he is very uncomfortable that this is being presented to the City in this way. He agreed that there is no other way the applicant could present it since he does~'t have control ove~ the James property. He stated his feeling that the decision makers need to address this issue and there needs to be some refe~ence in the staff reports regardi~g potential impacts over and above those identified in the EIR. Chair Greene expressed concem over the water issue, stating it is not clear to him who is going to pay and how much. He feels that the EIR is deficient in that respect and, in his opinion, there should be some information provided to the City decision makers regarding the cost associated with the well. He noted that the Open Space and Conservation Element unde~ the Water Resources section states "....the City's present entitlements to ground water and Lopez supplies are not adequate to support buildout of the General Plan." This was adopted many years ago, and at that time, they were telling us that the~e were water problems then and we have added a significant number of residences since that date, and we continue to add more. He outlined another concern he has regarding the p~oposal requiring that the property be pre- zoned as RR, which means one residence per acre. He commented this is compatible at some points and incompatible in others with the surrounding neighborhood. He suggested that staff include in their staff report to the Council some sort of options they might want to consider rega~ding alternative zoning measures. Chair Greene stated that the next issue to be considered is compatibility with the community's basic identity as a rural small town commu~ity and, in his opinion, this project is compatible. This is a residential area and we are annexing residential p~operty and there is some degree of consistency. Another issue is whether the annexation is consistent with the goals and objectives of the General Plan in regard to protection of agricuhure and open space. He stated he has a concern about that because there is a section in the General Plan that talks about maintaining slopes of 25% or more on 40 acre parcels, and there appears to be a slight deviation from that here. The applicant might want to consider setting aside extra portions of Tract 2265 for open space to bring it closer to that etement of the Ge~erai Plan. He further stated his opinion that everyone would applaud a reductio~ in the density ar an increase in open space for that issue. Chair Greene agreed with other Commissioners why the City witl benefit from annexation when conside~ing what the County could build, the loss of property tax values, park f+~es and traffic fees, which is a significant benefit to the City. Another issue is the contamination of ground Arroyo Grande Planning Commissio~ March 30, 1999 Page 17 of 19 water with septic systems. He commented there does exist a significant social and economic inner dependence interaction between the City and property proposed for annexation. There is adequate infrastructure and services that can be or have been provided and, finally, the proposed annexation will gene~ate revenue to pay for provision of City services. After the foregoing comments, Chair Greene advised he supports the resolution that would certify the EIR He stated he has a real problem with the pre-zoning and the density of the project. With regard to the traffic problems on Rodeo Drive, Chair Greene stated his belief that the City has the responsibiiity to provide for and protect the general welfare of the citizens of the community, and although it might not necessarily be an environmental impact for a ~esidential street to have 2300 0~ 2600 vehicles go up and down it each day, it is a significant impact for the residents who live there. He believes the City has a responsibility to alleviate that situation; how they go about doing that a~d whether the applicant is involved or not is an issue that will be addressed later on. He commented he believes the applicant has the responsibility to help mitigate this problem and when this issues comes before the Commission again, it will be interesting to see what efforts have been made to develop a community response to this problem. Chair Greene reiterated his positio~ that he is prepared to support a resolution certifying the EIR, however, he is not prepared to support a ~esolution that the property be pre-zoned RR. It is his feeling that process needs a little more investigation and discussion. There being no further discussion, the following action was take~: RESOLUTION NO. 99-1689 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE COMPLETION OF AND MAKE FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLAGE GLEN PROJECT. On motion by Commissione~ Keen, seconded by Commissioner Costello, and by the following roll call vote, to wit: AYES: Commissioners London, Costello, Parker, Keen and Chair Greene NOES: None ABSENT: None the foregoing resolution was adopted this 30"' day of March 1999. RESOIUTION NO. 99-1690 A RESOLUTION OF THE PLANNING COMMISSION OF THE C1TY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDING THE GENERAL PLAN LAND USE ELEMENT AND THE GENERAL PLAN MAP; GENERAL PLAN AMENDMENT 97-004 (APPLICANT: GARY YOUNG). Arroyo Grande Planning Commission March 30, 1999 Page 18 of 19 On motion by Commissioner Keen, seconded by Commissioner Costelio, and by the following roll cail vote, to with: AYES: Commissioners Keen, Costelto, London and Parker NOES: Chair Greene ABSENT: None the foregoing resolution was adopted this 30"' day of March 1999. Regarding Attachment 3, Resolutio~ No. 99-1691, Chair Greene pointed out that Paragraphs 5 and 6 are redundant and one should be deleted. RESOLUTION NO. 99-1691 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 97-009 (APPUCANT: GARY YOUNGt. On motion by Commissioner Keen, seconded by Commissioner Costello, and by the following roll call vote, to wit: AYES: Commissioners Keen, Costello, Parker and London NOES: Chair G~eene ABSENT: None the foregoing resolution was adopted this 30"' day of March 1999. NON-PUBLIC HEARING ITEMS - None DISCUSSION ITEMS - None PLANNING COMMISSION ITEMS AND COMMENTS Commissioner Keen noted the upcoming farewell gathering for Community Development Director Jim Hamilton. He expressed his appreciatio~ and commended for M~. Hamilton for taking over when he did at a point when there were several controversial projects and, in his opinion, he did an outstanding job. The Commissioners expressed their thanks to Mr. Hamilton and their wishes for good luck in his new assignment. Mr. Hamiiton advised that Mr. Henry Engen will be the Interim Director and that he is well expe~ienced and knows the community and the area very well. Commissioner Parker briefly reviewed the Planning Commissioners' Conference held in Monterey which she attended last week. She stated she would like to see the Council designate funds for Planning Commissioners to attend these conferences. She further stated, in her opinion, this helps Commissioners to leam their job better and, therefore, be more beneficial and provide more to the City in return. She encouraged City staff to approach the City Council in this respect and ask them to include funds in the budget. Mr. Hamilton advised he is in the process of preparing the budget recommendations fo~ the department for the upcoming year, and he has made a request to increase the education portion of the budget to allow some opportunity Arroyo Grande Planning Commission March 30, 1999 Page 19 of 19 fo~ at least two of the Commissioners to attend the conference in the upcoming year. COMMUNITY DEVEIOPMENT DIRECTOR COMMENTS AND FOLLOW-UP REPORTS. Community Development Director Hamilton advised that at the last City Council meeting the Council took action whereby the City will be applying in concert with the County for an agricultural land stewardship program grant from the State as part of the next step in the CASP process, and right now it looks like we are asking for a joint grant of about 530,000 and looking at actually putting in place some of the implementation elements that were included in CASP. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned by the Chairman at 12:30 A.M. ATTEST: Kathleen Fryer, Commission Clerk Laurence Greene, Chair AS TO CONTENT: Jim Hamilton, AICP Community Development Director fit~ma lanclscape arcf~;reci~,re planning environmental studres ecological restoration 849 Monterey Street San Luis Obispo, CA 93401 (805)781-9800 • fax (805)781-9803 LETTER OF TRANSMITTAL Date: Aprii 16, 1999 To: Tom F3uford City of Arroyo Grande Re: Viilage Glen E1R Contract 9813 ~ WE ARE SENDING YOU: COPIES OATE NO. OESCRIFTION 1 4-16-99 2 Res nse to l.etter from Fred Wendell SIGNED: David Foote COPY TO: File e-mail: firmas/o~a aoLcom firma . lar.dscape architecture planning 2nvironmental sfudies ecologrcal restor2trcn Village Gten ElR April 16, 1999 Response to Letter frorr~ Fred Wendeli 1. Refer to FE1R response to comment 5.2. 2. If accepted and ultimately used by the City, the proposed weil woutd be operated by the City, inciuding water treatmerrt operations. The type and cost of treatmerrt are not considered extraordinary, but are srn~ar to measures taken by the City els~n+here and also by many municipalities, acconiing to the Pubiic Works Departmerrt (testimony by Craig Carr~bell, Assistarrt City Engineer at Planning Commission meeting). 3. The mitigation calls for a revised grading plan to be submitted to the City tor review and approval prio~ to issuing a grading permit. The mitigation 's cleariy feasible by eliminating pad grading and/or creating wider bts. As a start toward satisfying this mitigation measure, the appiica~ presented a revised Trad Map at the Planning Commission meeting with deeper lots along James Way. This would reduce the steepness of slopes abng James Way. Refer to responses to comments 6.2 and 7.2. The City of Pismo Beach weq on the Los Robles dei Mar property is not planned to serve that project, and the City of Pismo Beach has no plans to use the weA (see EIR page IV-E~. Cumuiative effects of weil pumpage on the aqurfer are described on page IV-E8 and were addressed by a hydrogeologist in detaii at the Planning ~ Commission meeiing. The E3R notes that ~ the proposed well production is, in fact, surritar to the Oak Park well, the output would be adequate to seNe the project water demand (see pages IV-E4 and E~). Refer also to page li-1 af the FEIR. 5. The referenced existing parcel wou(d become part of, and be superseded by, the proposed lot 64 consisting of a singie 33.5 acre lot. As part of the Final Tract M~ this lot would presumably be subject to deed ~estrictions preventing future subdivision since this lot is the open space lot necessary to create a cluster subdivision. "Gross area" means ai site land including roads and sid~valks and is the cor~eci method to determine densitv. 6. Property value issues ar~e outside the purview of CEQA. Regardinq bcal (on-site) water, an on- site well exists that couid serve about 50 homes (see respons2 to commerrt 7.1). 7. Refer to 6 above. 8. The EIR section E-Groundwater Resources was prepared by an independerrt consultant who reviewed an applicant prepared report. Refer also to response 7.2. 9. Cumulative impacts are summarized in section VI of the E1R. 10. Refer to response 6.3. . i.~~.. ~U'..t~ ~~l.~i~ ~.~t. ,1~. Village G{en EIR Responses to Letter.Wendell April 16, 1999 Page 2 of 2 11. Regarding the potentiai for access to an aitemative project from Canyon Way, refer to response 7.1. The altemative of 20 lots is not rejected "out of hand", but 's rejected because ~ does not satisfy the CEQA requiremerrt that an attemative meet most of the project objectives. The idea of using "other suitable buiiding areas° would mean shifting some bts from the upland areas of the site to the lower areas at the end of Canyon Way. For exampie, about five lots coutd be shifted from the northem comer nearest the adjacerrt County tands and bcateci at the end of Canyon Way. This aftemate wouid benefit the commerrtor who lives in the Courrty land, however, this aftemative does not meet the CEDA standard of avoiding or reducing one or more sign'rficant impact iderrtified in the EIR. ~ Fred Wendeil 737 Printz Road Arroyo Grande, CA 93420 January 4, 1999 City of Arroyo Grande Community Development Department P.O. Box 550 Arroyo Grande, CA 93421 To Whom It May Concem: I am writing to provide comment on the Viliage Gien Annexation, Tract 2265 Project Draft EIR. I am a City of Arroyo Grande property owner with property in the immediate vicinity of the proposed project. My primary residence lies approximately 4~0 feet north ofi the north-westem comer of the proposed annexation. While I am opposed to the project as currently proposed for a variety of reasons, I wiil focus my comments on the adequacy of the Draft EIR. Summary of Environmentai Impac#s and Mitigation Measures: lmpact A1 and A2: Monitoring is affered as suggested mitigation for potential impacts to fire and police services. This form of mitigation appears unnecessarily weak compared to that provided for impacts to sct~ool districts (development impact fees). lmpact E3: If water quality is poor (a reasonable assumption given data from Oak Park well that taps same aquifer) and requires treatment to meet minimum State drinking water standards for domestic use, who wiil pay for ongoing treatment costs? Are treatments costs considered in assessment that donation of well to the City represents a positive beneficial aspect of project development'? Im~act F1: Mitigation offered for subject impact is quaiified as "to the extent feasible". How can the E1R ev.aiuate adequacy of that form of mitigation ifi the proposa! does not define specifically what is feasible in terms of eliminating pad grading, creating stepped pads, or varying slope ratios below 2:1. One should assume that none of the ofFered mitigation are feasible without commitment to specifiics particularly since the Draft E1R offers no Leve! of lmpact After Mitigation. tmpact E~ and E2: I believe these impacts shouid be classified as Class It at a minimum. They have the potential for creating significant impact to adjacerrt property owners if assumptions made in the Draft EfR are incorrect. Specifically, the Draft E(R assumes no connection between shaliow and deep aquifers (however, it recognizes that water from shallow aquifers is a factor in recharging the deep aquifer in another section). If this assumption is incorrect and additional drawdown from the deep aquifer removes water from the shallow aquifer many property owners in the area that rely on wells that tap the shallow aquifier could be negatively impacted. The potential for negative affects from additional drawdown of the deep water aquifer are greater than that described in the Draft EIR. It is not clear to me that the Draft EIR evaluates the additional cumulative affect from use of the Pismo Beach City well adjacent to the City's Oak Park well (full project demand from that well - additivnal 350 residences?). The cumulative impacts could affect other City uses from existing well. The existing City well provides approximateiy 55 gpm yet the hired consuitant hydrologist assumes that the new well can provide 100 gpm. The Draft EfR does not provide adequate support for the assumption in face of the existing and coritradictory data from the Oak Park well. The mitigation suggested for this impact is monitoring and testing. ft is not clear what wiil happen if the assumptions prove incorrect and the project donated well cannot provide usabie water in the quantities necessary to support the project. Given these concems is seems unreasonable to suggest that the assumed excess water from the donated well will be a positive (C1ass 11n beneficiai impact from annexation. Consistency Analysis {General Plan): Section 6.Od and e- It is not cfear in the Draft E!R specifically what will prevent future development on portion of Lot 31 of Book B, Page 78. The land~ appears to be suitable for building. If it is part of the single 33.5 acre lot, what wiil prevent its development under ather administrations. I believe most negative impacts from development of this property would be minimized ifi this area were considered part of ~ the usable (and (increase lot sizes near northem edge of project without increasing the total number of lots) and accessed those lots from Canyon Way. Lots neac the northem edge of the annexation area couid then be expanded to make them more compatible with the adjacent Rural Estate lots (2.5 acre minimums). However, ! do not believe this to be a reasonable altemative given the current status of available water. It wouid seem that roads and sidewalks have been added into the land to estabfish the gross minimum one acre minimum lots sizes. Is this appropriate and consistent application of clustering concept? Section 7.1 - The placement of ciustered lots that are around i5,000 square feet immediately adjacent to Rural Estate lots (minimum 2.5 acres lot s~ze) is unnecessary and will have a significant negative economic impact on the existing property owners. On a large scale there is a transition in lot size. However, comparisons to the Garden tract with the smaller "affordabie housing' minimum lot size is not reasonable given the • real character of most of the surrounding land use. Section suggests that development under county zoning could create potential for livestock keeping. Since this wouid be prohibited after annexation, the project could avoid potential incompatibilities. This seems to be a biased characterization. It is not clear that development under county zoning is possible since local water is not available. Further, existing uses include grazing on the property and adjacent land owners to the north can have livestoclc. Section 7.2 - The ciustering concept does not create a pleasing transition to surrounding development. As mentioned eariier, clustering piaces relatively small lots immediately adjacent to much larger lots. It wiil have an immediate affect o~ adjacent property values. Page IV-E3 Since the section on Aquifier Properties states that little is know about the Pismo formation deep aquifer, one should question nature of evaluation provided in Executive Summary related to affects of drawdown. I beiieve the City wouid be remiss to accept the projects hired hydrologists interpretation without independent assessment that the formation lithology between the shallow aquifier and the deep aquifer wi(1 be an effective aquitard (ie providing a barrier and precluding hydrauiic communication between two strata). The Draft E1R does indicate that there is no data to confirm interpretation but does not evaiuate potential impacts if interpretation is incorrect. Page IV-E4 indicates that addition sources of rediarge of deep aquifier may be verticai leakage from the shallo~v aquifers - but, assumes it is very limited. Many property owners will be affected if assumption is incorrect. Cumuiative Impacts (Page IV-E8): The assessment provided in this section should also be provided in the Executive Summary. This is the only section that addresses many of the water reiated concems mentioned above and it seems biased that it has not been provided in summary form. Page IV-~1: The visuai resources - The section does not indicate that lots within the incorporated area to the northwest {ook across the site. Specifically, this is my residence and the view is restricted by trees to oniy the ciustered lots. !t wiil not be visually pieasing. - Alternatives This section appears to be weakly deve4oped. Oniy two altematives are offered and one of these is rejected out of hand. One is left with an evaluation of a : project reduced from 64 lots to 5~. Clearty, other reasonable altematives are avaiiabie inciuding: 1) reduced lots numbers above 20 and less than 5o; 2) modifcation of lot sizes to provide larger lots near RE zoning; 3) use of other suitabie building areas within the proposed annexation area which couid be accessed from Canyon Way. Several of these altematives would be superior to those currentiy proposed. In ~~mmary, whiie I believe in providing room for development, the proposed project and the altematives evaluated in the Draft ElR wiil all have a significant impact on me and have the potential for negatively impacting my City. 1 would like to see a better evaluation of altematives and impacts than that whicf~ has been provided in the subject Draft. Sincerely, ~~W Fred Wendell Village Glen Homes LLC Aprii 6,1994 City of ArroYo ~rande Community Devetopme~t Dept. APR 0 7 1999 Tom Buford, Contract Plaiu~er Community Development Department City of Arroyo Grande 214 East Branch Stzeet .4rroyo Grande, G.A 33420 Subjec~ James Way Annexation (General Plan Amenciment 97-OQ4, Deve~opment Code Amendrnent 97-~Q9, Ves~ng Tentative Map 2265, & Plaruued Unit Developmeszt 97-563) Dear Tom, As a result of changes to the partnership, the agplicant for the above referenced project is no Ionger Gary L. Young & Associates. The following entity is the new applicant Village Gien Homes LLC 231 Pomeroy, Suite F Pismo Beach, CA 93449 (80~ 773-1080 All other informatian submitted with the original application is valid. If you have any questions, ptease do not hesitate to call me at 773-ZO80. Best Regards, Gary Young Genezal Parfner Village GIQn Homes LLC ATTACHMENT B CITY COUNCIL MINUTES APRIL 27, 1999 ND REVIE None. 6A. ES L 10 S D O DI N TI LE ONLY - On motion by Council r Runels, seconde r Pro Tem Ferrara, and carried una y, all resolutions and ordinances presente a eting shall in title onl and all further readin 7 a JAMES WAY ANNEXATION (VILLAGE GLEN, TRACT 22651 Council Member Tolley announced that due to a potential conflict of interest he would step down from the dais. Consultant Tom Buford highlighted the Staff Report. He said the Planning Commission recommended Council certify the Final Environmental Impact Report, approve the General Plan Amendment and the commencement of steps to approve the Development Code Amendment. He explained that if these items were approved by Council, the applicant would proceed to the San Luis Obispo County Local Agency Formation Commission (LAFCO) requesting an amendment of the City's sphere of service to allow the City to provide sewer and water service to the site and an approval of the annexation. He expiained further that if LAFCO approved the ~pplication, the applicant would return to the City for approval of the Vesting Tentative Tract Map, the Planned Developmemt permit, and the actual development of the parcel with conditions of approval. Supplemental information was provided addressing alternatives that were available for Council consideration. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady opened the Public Hearing. . Kirk Scott, 520 Via Vaquero, reminded the City Council that the City received survey results regarding the General Plan Update. He said there were three main issues: size of lots, density, and annexation. He said that the responses regarding annexation were 53% no and 48% yes and the only fair way to settle it would be to put annexation to a vote of the people. C.Z. Brown, 350 Old Ranch Road, stated that the project would be beneficial to the City but urged the Council to pay close attention to the tra~c issues at the EI Campo Interchange, Rodeo Drive, James Way, and the 227 by-pass. He urged the Council to consider dedicating traffic fees from the Village Glen project to relieve the problem on Rodeo Drive. 2 CITY COUNCIL MINUTES APRIL 27, 1999 Ella Honeycutt, 5600 Oak Hill Road, stated she was not in favor of or opposed to the project. She stated that the City was taking a new path with annexation and there were hundreds of acres for the City to consider. She said that if the City was going to save any agricultural land, that the people who wanted to annex land should have to buy development rights. Kathleen Wendell, 737 Printz Road, stated her property overlooks the proposed development. She said she had concerns with the well that is being used to supply water to the property and the additional costs to the City for treating and blending the water, interFerence with her wells, the size of the lots, density per acre, and the clustered development of homes within the Tract. She commented that she was happy with the dedicated open space that is designated in the project. Phil Whitaker, 921 Huasna Road, stated he had walked the property and he likes the proposed project. He said if the City developed the parcel instead of the County, it wouid have control over City revenues and have an influence on the design and layout. Richard DeBlauw, 744 Alta Vista Way, stated his property adjoins this property and he spoke in favor of the project. Mark Panther, 402 Spanish Moss Lane, spoke in opposition to the project. He agreed with Mr. Scott that annexation should require voter approval. Jan Scott, Arroyo Grande, stated that the Berry Gardens development project was approved with a higher density than the General Plan allowed because it fit into the neighborhood and this project was the complete opposite with much smaller lots than what surrounds it.- Glen Hogan, Arroyo Grande, spoke in favor of the project. He said he selis real estate and he receives a lot of questions and interest from people about when the parcel will be developed. He said this project is compatible with the community. He said the area needed growth to provide a customer base for the new commerciai development and encouraged approvai of the project. Rob Plum, 291 James Way, spoke in favor of the project. He stated his fence line is next to the City's property line. He said he had lived at this address for 30 years and thought this was a great project. - Stephanie Painter, 541 Mesa View Drive, spoke in favor of the project. She said the property was not suitable for farming. She explained how the idea for the Village 3 ~ CITY COUNCIL MINUTES APRIL 27, 1999 Glen development came about with the concept of an oid fashioned neighborhood and lots of open space. ~ Fred Wendail, 737 Printz Road, stated his two main issues were well interference with his property and lot size. He said he did not understand the City's advantage_ of pre-zoning and thought it was only a benefit to the developer. Karen Crossharmon, 390 Mercedes, stated the development and the annexation were two different issues. She expressed traffic safety issues and water issues and said there was no rush for the development of the property. Glen James, one-sixth owner of the property, spoke in favor of the project. He said he liked the project and was happy to see that some open space had been reserved. Hearing no further comments from the public, the Mayor closed the hearing to the floor. Council discussion: Council Member Runels asked if the annexation was approved would the pre zoning preclude coming back later to make changes. Consultant Buford responded that pre zoning was part of thL Environmental Review process and was a requirement of LAFCO in its consideration and approval of the annexation. There was significant discussion regarding the wells that will serve the project. Mayor Pro Tem Ferrara asked if LAFCO has ever accepted mixed zoning. He suggested mixed zoning such as Rural Estate and Rural Residential. Consultant Buford responded that t~he Council was not restricted to adopting the pre zoning that has been requested by the applicant. He noted it was not the City pursuing the annexation through LAFCO, it was the applicant. Council Members asked questions about some of the mitigation measures in the . Environmental Impact Report related to grading, water, and traffic issues. There was discussion related to the Analysis of Fiscal Impact and how figures were derived at to determine a cost benefit of the annexation to the City. Consultant Buford explained the Fiscal Analysis and the potential impacts on City departments and services. There was extensive discussion regarding traffic concerns. Consultant Buford explained how the Traffic Analysis reviewed several scenarios which started with 4 CITY COUNCIL MINUTES APRIL 27, 1999 current traffic, added project traffic, and included traffic as a result of the build-out ~ of the Five Cities Center. He referred to Pages IV-D5 and IV-D6 in the E.I.R. which shows a cumulative project list with projected traffic volumes. Counc.il Member Runels stated that this parcel was not farmland. He said that if the City did not proceed with this project, the County wouid have control over the development of the land. Council Member Runels said it was time for the project to move forward and moved to certify the E.I.R. and adopt the Resolution. The motion failed for lack of a second. Council Member Dickens responded to some of the public comments and said he would favor using traffic fees to mitigate issues on Rodeo Drive; he applauded the developer for designating 33 acres as open space; he would favor a transition of lot sizes; and he opposed a ballot initiative for annexation. He stated his primary concern with certifying the E.I.R. was the well issue. He suggested the possibility of creating a special assessment district to offset water treatment cost of the Deer Creek well. He said he was not in favor of pre-zoning the parcels outside of the tentative tract proposaL Mayor Pro Tem Ferrara stated he questioned the accuracy and validity of the EIR as related to water, traffic, and refuse diversion issues. He said mitigation measures rely on the Brisco Interchange Ibng term studies and projects not presently planned, designed or approved. He stated another proposed traffic mitigation measure is the Grace Lane Extension which is neither planned, designed, or approved, and may in fact never be built. He said these are not valid mitigation measures and should not be presented as such. There are no proposed mitigation measures in the E.I.R. that ~address traffic circulation impacts in a manner consistent with the General Plan. He said that although the project has merit, the E.I.R. is not adequate and does not meet the intent of the General Plan. ~ Mayor Lady commented that this project was exempt from the current General Plan Update. He stated he likes the project but has concerns with water and traffic. He said if this was a County project, loss of revenues, public safety services, traffic, and loss of design control would negatively impact the City. City Attorney Carmel explained that if the Council was suggesting modifications to the E.I.R. at this time, the document may have to be recirculated to allow for additional public comment. Gary Young, applicant, spoke on behalf of the project. He assured the Council that they had met CEQA requirements. He said they would develop and test the water 5 CITY COUNCIL MINUTES APRIL 27, 1999 . ~ source for 34 days to prove there is substantial water to serve the project before recording a final tract map. He, said there had been extensive analysis on the traffic ~ issue. He said this was a logical extension of the City which wouid generate substantial fee income for the City. ~ - ~ s Mayor Pro Tem Ferrara moved fo postpone the adoption of the Resolution certifying that the Finai Environmental lmpact Report prepared for~General Plan Amendment 97-004, Development Code Amendment 97-009, Vesting Tentative Map 2265, and Planned Development 97-56 and return it to the applicant to work with Staff to determine better accuracy in the E.I.R. and identifying additional mitigation measures to address identified impacts Council Member Dickens seconded the motion. Voice Vote X Roll Call Vote ~ye Lady Lve Ferrara ~lo _ Runels bstain Tolley ~ve Dickens ~ . There being 3 AYES,1 NO, and 1 ABSTENTION, the motion is hereby declared to be passed. ~ Council Member Tolley returned to the dais. 8. IZENS' INPUT ~ E D S S Jim Tal 30 Dove, read and submitted a letter for the record re ' g to the annexation of n Ridge into Arroyo Grande and issues rela o the EI Campo ~ interchange. Ella Honeycutt, Director of San Luis our onservation District, invited the City Council to attend a tour on Asilo S ed in the Highlands development in Rancho Grande. 9. CONSEN Council er Dickens declared he had a potential conflict of intere n Consent A a Item 9.k. and would abstain from voting. 6 • ' Agenda item III.A o~ PRRO''o c~ Date: April 20, 1999 ~ INCOFiPOAATED ~Z u m MEMORANDUM * ,ru~r ,o, ,e>> ,F ATTACHMENT C c4~~FOR~\P TO: PLANNING COMMISSION FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~ SUBJECT: DRAFT NEED AND PURPOSE STATEMENTS FOR THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 AND EL CAMPO ROAD/ROUTE 101 PROJECT STUDY REPORTS (PSRs) DATE: APRIL 20, 1999 RECOMMENDATION: Provide comments to staff to forward to Project Development Team. FUNDING: The FY 1998/99 Amended Capitai Improvement Budget includes $140,410 as the amount available for preparation of the Brisco Road-Halcyon RoadlRoute 101 PSR and $117,436 as the amount available for the EI Campo Road/Route 101 PSR. DISCUSSION: In order to apply for State/Federal funding for either of the interchanges, the City must prepare a Project Study Report (PSR) and have it approved by Caltrans. One of the items required to be in a PSR is a Need and Purpose Statement. The Need and Purpose Statement defines the reasons why the project is needed and what the project will provide. The projects' Consultant prepared a preliminary draft Need and Purpose Statement which was distributed to the Project Development Team (PDT} members. The PDT distribution list consists of the Consultant (Dokken Engineer); City, County of San Luis Obispo, SLOCOG, and Caltrans staff; Arroyo Grande Traffic and Planning Commissioners; Arroyo Linda Crossroads representatives; and several interested citizens. The PDT members have forwarded their comments to the projects' Consultant and below is a comprehensive summary along with the staff's recommendations as to how these comments should be incorporated into the final Need and Purpose Statement. ~ FEB-26-99 FRI 02~38 PM DOKKEN ENGINEERING FAX N0, 9168580643 P. 03/04 1C~~ Hcbruary 199J OS-SLO-101 KP 11.0/12.0 New Inlrrcl~ange E1 C•rmpo Ros?d and US 10t NF,F;D & The purpose of the projzct i~ to improve capacity, safety and tr~tflic operations at the EI PURi'OSE Campo Ro~td/US 101 at-~racle ititersection, to provide for n:gional circulation neecis of the Nipomo Mesa azea, and to provide for access to th~ proposecl Arroyo Linda Gossroacis development from U'S 101. Additionally thc project is to include provision far Expi~ess Bus Stops and Park and Ride lots whcrc feasible. Proposed improvements muct meet design standards (or justify leaving in place any existin~ non-standard fe.~tures), trtffic safety and operational requiremenu of the City of Arroyo Grande, County of San Luis Obispo Courtcy and Caltrans. The projcct is needed duc to continued growth in and thc communities sui~rounding tltc City of Arroyo Grande. The City's General P1an is currently heing updatecl. At buildout oF the City's Ger?eral Plan traf~c demand volumes in the project area ace projected to inerease signi~c:uttly. The County of San Luis Obispo, South County Cireulacion Study dated March 1990, projected growth out to the year 2010. The study projecteci si~iificant gruw~li in Zane 8, the area surrounding El Ca~npo Koad. Projectioas indicated tha~ at buildout of the developments planned at that time, population in 2one 8 would increase frorn 272~ in 1989 to 6750 at buildout, an increase of abouc 2.5 dmes. The 1997 updace of the Souch County model indicaled chat traffic volumcs on El Campo Road are projected to inen:ase from 1300 ADT to 3800 ADT without consideration of thc Arroyo Linda Crossr~acl~ development. A March 1998 study, "EI Campo Road/ ~Loutc 101 Interchangc Alternativcs Analysis" by Higgins Associ~tes, indicatcd that with thc Arroyo T.inda Crossroads development, 2020 traflic demand volumcs would incncasc ta 5200 ADT on EI Campo Road. The E! Campo Road/US 101 intersection currently operatas at LOS F. Bascd on the most current ~toute Concept R~pott {1990) Route lOl betwccn the Santa Barbara County line and the City of Paso Robles is projected to reach LOS P by the year 2010 without improvements. The current Route Concept Report calls for a G-lane freeway through thc study anea. With projected lraffie volurnes, El Carnpo ltoad intersection opetations will eontinue to cletcriocate. Operational improvements are needed to maintain acccpta6le LOS on Route 101 in the study area and at the El Campo RoacUUS lOl intencciion within thc 20-ycar design period. To be eonsistent with future proposed 6-lane freeway, access at El Campo Road would have to b~ upgraded to an intarchange. With the proposed development of Arroyo Linda Crossroads thcre will be adJitional ts'affic demand fram the east side of US ]O] where limital points of access are currently provided. To meet target LOS • at existing access poinGS to US 101, it will be necessary to eilher upgrade thosC access poinls to meet increased demand or to add an access point th~t will take the demand load off of existing access points. TrafFtc accident data from Caltrans District 5 for ihe interseccion indicates that the accide»r"'~~"~'-`' rate is slightly higher than the average rate for this lype of facility. County accident daia for EI Campo roatt indicates that the accident r~te on ~his facility is above averagc and requires adJitionat stndy. Up-grading the intersection to an interchange is expectcd to imgrove safety by reducing accident races. • FEB-26-99 FRI 02~39 PM D~~YEN ENGINEERING FAX N0. 91FA580643 P. 04/04 Fcbruar}+ 1999 OS-SLO-l01 1Ci' 2l SR2S Interchange ModiCication B~isco Rosd-H~lcyon Road and US 101 N~D & Thc purpose of the propoced project is to improve capacity, safcty and traffic o}~erations ac PURPUSr: the Brisco Road-Halcyon RoatUUS 101 int~:rchange. Additionally the project is to inclucie 1ow-cost improvement options such a.c rounciabouts at ramp intersectioiu. Express Bu~ Stops tind Park and Ride lots are to be incorporated in~o interchange improvemenc.s if fcasible. Proposed improvcments must meet design standdrds (oc justify leaving in ~lace any existing non-standard fea~ures), traffic safety and ope~~ational rcquirements of the City of Arroyo Grande and Caltrans. The project is needed due ta conanued growth in the communities surrounding the City of Arroyo Grande. The City's Gencral Plan is currently being upd~lcd. At buildout of the City's Genera] Plan fraffie volumes in the pcoject ana are projeeted to grow significanlly. The Brisco Road-Halcyon Road US 101 interchange opacated at LOS D at the Brisco ltoad ramps and I.OS B at thc Halcyon Road Ramps prior to rccent r~imp intersection signalization. Althou~h thc:sz improvcments will provide for some additional trafCe demand, with projected traffic volumes, Brisco Road and H~]cyon Roacl interchange operatians will continue to detcriorate. Opcradonal improvemenls arc needed to maintain acceptable LOS on Route 101 in the study an:a and at the Brisco Road-~~alcyon Road/US ]Ol interscccion within the 20-year design period. Intercha~nge and ramp spacing in the project azea do not meet curn`nt standards for a I.5-km (1-mile) spaeing between intorchanges in urban area.S. 'I't?e proposed projecc includes alternatives for clo5ing sornc of thz existing mmps to achicvo grealer spacing and improved opcracions betwexn interchanges in the project area. Ramp closures must be evZtuated to dctermine impactc to local businesses and residendal areas, wluch cucrentty have access nt the racnps. ~ . Tr~f'Cte accident data from Caltrans District 5 for the intersecaon indic:atas that the accident cate is sli~htly higher than the average ratr for this type of facility. Interchang~ improvemenls are expected ~o improve safery by reducing accident rates. ~ C ~ y C V ~ ~ ~ -~Q ~ ~ m ° 3 ti ° o c ~ 3 ~ 3 ~ . a~ o 0 0 o ° a ~ " c°~ 4 = a ~ 0 4c ` ~ ~ ~ Coa ~oa °L' ~ `~-°ca~ E~'3 o Q~Q~ ~ o 0 ~ 3 ~ ti ~ ° ~ c o o a ° E o ~ ~ E~ E a? 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Q V ~ O Q Q tQ U Q cp ~ R ~~Q ~ N.C ~ ~ 7 ~ tn L ~ N L ~ j ~ ~ N W 'Q G ~ ~ ~ ~ ~ tC O ~ .r w. O .O 7 ~ 0 O O~ y N O-Q ~ ~ C~„ O ~ N C ] C ` a°-`~ ~aci ~ ~ ~ ~ c~o~ c~a 2° N E°~?w. a~ m~ o y v'~ ~dE fl- L ~ m a~ ca w Q C N ~ ~C ~ O O N N L N ~C ~'a N C~U ~ O ~ 3 V ~ C~ ~ ~ ~cC tn C ~ Vf E~'Q '0 !1~ 'a L ~ C~ L L Q O ~ . ~ y U~~ r ~ ~ C e p t]. N m~ L CO F- . L- CII ~ w . . ~ L N O 7 N•N Q, O~"C~:-Q ~ C C~ V m~ - L. O~ C~: Cp C tNif d N (0 tn r' " ~ C~ E w N ~ G ~ 7 ~ LO .L.+ ..y+ ..h. 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V~ +'C.. ~0 m y~~p c~o ~ O~ ~ N~o ~ a ~ ~ a 'c `o ~j y ~ Q ~ o y~ ~ ~ ~a Lo~ ~ o°'ama~i ~ a~ a ro°~ a W~ 0 3 ~a~~ = ~~o~~ ~a~ L V ~ ~ ~ ~ j C y ~ ~ ~ ~ ~I ~ C y y " V ~ ~ ~ { ~ v~ ~ ~a~~.~oc~~a~ ~~o--a_ oc, ~co~o~-~'~ n~~0_.c~ a`~ ~~~~..c~ °fi`°~'3 y~ a~ a~i ~ 3 o u~i 3 C~~~ b,c c ~.Q~ ~ o 0 c~ 0 3,~ Q ~ a,y c~ ~o~=m~ ~'..~-.~3` ,~,~.3,~ a = c°~ o a ~°3 ~ as a~ ~ ~ ~ ~o~;~'oc~im v y.~'m a~i ~ ~ ~n ~ ~ a ~ ~ °rn' ~ 3 ~a c~o ~ cvo ~ QVj ~ V~~ ~ O c0 O ~ Q~n ~ a V c0 O ~ Z Q H = U ~ y~ ` ~ ~ ~ ~ ~ ~ ~ L y. v~'i~?''~~-c 0.0 °~oo ~ a ~ .C ,C p ~ ~ .a v~ ~ 'C ~ 4 r. a ~'y~~, ~ c ~ c~~ o~ a c~~ a~ o y~a o ~ a~ ro~~ c~ ~ c°'i ~g, ~ a~° c~, ~ o y o-a U y,C U Q m V G~i ~ y.~,,, y 01 V~~ ~a~°a~ o c ~ Z~'C. a~~ ~ c~i m ° a~i avi a~ ~ - ~ ~ ° c ° c 'a c~ c Q~ ~G U. F- t- a Q Z 'p ~ tn N~ O O cII O~ C C N T~ y~ C tA O QI = N cn 'Q ~ ~ C - L C U 0 C C ~.C ~ ca C L E 7 C C C E r O G~ C CO c0 C E O ~ y O~ ~ O 3 O cII N af 'a c0 ~ a~ O." ~ N c6 ~ "cz'~v~ E c o~V c o L~ U a~. c~ c~ O p c4 -C7 ~ O- ~~~~.7 .Q1 U N a O N .~O ~ y C Q N~ c3 ~ Q ~ C~ y C t!1 CC w N n. 'v:. w. ~ y 7 - C N ~ ~N tn 0 ~ 4~1 ~ 'C N y ~ t' ~ 7 ~ Q 'Q U al ~ ~ ~ ~ ~ C U ~ - ~ L L U~ ~ U ~ cQ ~~+r tn p~ ~ O C~ C p~ C C N O... C '0 n. ~ a C~~ N C~~ 1~] . N N N C~A v CC V L N U~~ ~ ~ ~ V ~ ~ ~ ~ N > O t ~ ` ~ ~ ~ y T G ~ Q O N Q ~ ~ ~ ~ ~ ~ N O Cp ~ ~ - C C C OL ~ N ~ Q: C ~ ~ ~ ~ p~ _ ~ ~ ~ N ~ ~ ~ ~.r 7 C • C '0 ~ N~ 41 E ~ N al ~ C cQ C N~ L O~ N~ V d. ~ C~ O x C ~ C U ~C - C ~ '0 w C O > ~ ~ ~ . ~ L ~ ~ ~ fQ ~ ~ ~ ~v.. 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U N ~ ~ ~ .L.. ~ ~ ~ m ~ w C ~ ~ ~ ~ ~ ~ U C ~ ~ O ~ 7 c~6 C ~ N ~ ~ ~ C ~ ~ . Q ~ U V V C > ~ ~ ~ O ~ ~ ~ ~ ~ <9 'yQ ~ > tC Eo ~C° u~~o~ V>m2-°~e~~Eo L c~ y ~Q ~~~~c~-°v~ y o~~o~~oco a~~~ ~~=~~~?~,o o`~oa~a~i~>>h~- ~o ~ ca o co cu c v " a~ ° c~ a~ ~ n~~F-~'U 33.cocu .co~ca`~.°c3~~~d > > ' ~ ~ MAR-25-99 THU 08~32 AM DOKKEN ENGINEERING FAX N0. 9168580643 P, 02/04 . - - - ' ' ' ' GRAY DAViS, Oo~atriw STATE OF GWFORNIA--eU5INE5S, 7RANSPORTArONAND HOUSIMGJIGENCY oEPARTMElIT OF TRANSP~RYATION so r~~uea~ s~~ ~o~ ~ s~tr ~ua oe~sPO. TELEPHONE: (8~15~6-JO73 TDD (00~ 549~~1So inlemel htiP~~~~Ool.ca.Qavhf6b05! March 25, 1999 OS-SLO-l01-KP 21.5/Z2.5 CA OA370K Rout,c t0lBrisco Road IC PSR Ms. Wendy Tkacheff Dokke~ Engineering 3054 Gold Canal Drive Rat~cho Cordova, CA 95670 Dear Wendy. Our comments to the Ne~ds and Purpose statement disscminatcd at thc last PDT meeting foliow. GENERAL C;enerally there is too much detail in the Nczds and Purpose thak can and should be provided in other sections af the Project Siudy Report (PSR). _ c~` 1) Discuss how the recent ramp an~ S~S"a~ r~rto~ ar~ cu~tty operating and if capacity, safety or operations havc becn improved by d~is coastructioo. o~`- 2) This section docs not scem to back up its bcginning statements conecrning capaeity, safety or traftic operations. a~- 3) ls the discussion of a roundabaat aPProPr?ace gieea the right-of-way constraina? 4) The city and county shoutd cvordinatc dieir vverall trePfic it d~d 1( genecatc.~one so. Obviously, the c~h' is being affed~ bY Mesa gro Finslly, the nced for tbis new intercfisnge (as weli as EI Campo) does not seem justified. Possibly, the City needs to gather more infotmalion to streagthen ti~~ nad and t}un cadi du ott?er agencies back to the table. Thank you foc thc opportunity to revicw this portion of the PSR in its early stages. Should you have any questivns, ( can be contacted at (805) 549-3120. Sincerely, D.l. I• nn Local ' nded & Tax Measure Project Cooc+dination MAR-25-99 THU 08~33 AM DOKKEN ENGINEERING FAX N0. 9168580643 P. 03/04 ' ~ ' GRAY OAV15. Govamor 57ATE OF G~UfaR?~w'"~~S~N~' ~~SPOaTA1ION ANO HOUSING AGENCY DEPARTN?ENT OF 'f ftA1'lSPORTATIOPI 6o HiGiIEPJ? STR£ET ~ SAN WIS OeISPO. ~43G7~ TELEpHONE: (8a ) . ~ ~o ~eos~ we~2s9 1n6emet AC~Dwww.dol~o~fatOSl ' March 24, 1999 os-st~a~o~-xp it.oii2.o EA OA370K Route 101/~1 Campa Koad IC PSR Ms.W endyTkachef~' Dokken Engineering 3054 Gold Canal Drive , Rancho Cordova., CA 95670 pea~ Wendy: Our comments to the Needs and P~rposa ststement disseminsted a~ thc last PDT meeting follow. ~ENERAL _ The draft Needs and Purpose statentent a~m~dtr~~ ~~t~mu~`o~ ~~oud add~ess thceat grade n ecsection, appropriate p[aces for traffic, and plann~ g improved rogiona! transportation, developmcnts, suc6 as, Arcoyo Linda, thc possible cl~m inatioa of the expressway section of Rout~ 101, etc. The remainder of thc PSR wiil discuss the background, fundin~, stt~~;`.;'.'_ and other pertinent issucs in g~'tater dcta~ ~ pK Providc a more dctailed discussion of any "problems" due to at-grade intcrsections and how this projeot confibutes to solving those "problems " . ~p~c 2) Quatify that this inlcrstction operates ~ hOconccrn'?ng the cacpress b'us s~ops and park and rides. Instead a~~ 3) Remove that partion of tlie first par8$~P maybe mention that one af tfie pucposes is to enhance or include Transportation Dcmand Managcmcnt(TDM) strategics to hclp achieve Level of Services, etc- 0~4) Address th~ needs on El Campo Road west of Rout~tmatcs f ~ a~y o~~ of S ce ght-of-way ~ considered. Yet, do ttot include mapping or cost es S) Remember that State intcrchanges a~e built fora` ~nttenc c fram the first para8raph a` c~~city, ctc.; not far access ta developments. Ther~foce, remove th r;,.o --b 6) Removc all referznces to impfoving safery. The data shows a below-expected accident rate. 0~7) Discuss that ihe removat of the left-turning movement on and off ~Routc 101 at this location ~S ckct len thcned, ` prompting thc inteTChange. Othe~?~se. the hi~hwaY could just be widencd and the left-turt po g p;~8) Mention that if the ~otetchange is nut providcd, but thz ~mands nro ailowed, thon thc queucs will be in thc tum pockets and on E1 Cacnpo Road. g) Discuss thc issue of providing a new roS~angl conncclion that will promote improve~nents to county and altcrnace lacaf road systems. MAR-25-99 THU 08~33 AM DOKKEN ENGINEERING FAX N0. 9168580643 P. 04/0~ ~ E! Campo PSR!']7cacheE~'1March 24, 1999 Page 2 .IO) Addr~ss the fact thac ~ocal fand use decisions and devclapment are driving the tcafFic demands at this ~ iateruction, which will increasc within a short period of time. The demand will dcgrade the p(anned "life" capacity of Route 10I at this loaation, obviously sooner than expected. Thetefore, the nced for capaciry im provements. Thank you for the opportunity to teview this portion of the PSR, we bclicve a ctca~ Needs and Pucpose stalcmcnt will create a better Project Study Report. Shou(d you have any questions, I can be conlacted at (805) 549-3120. Sincercly, p . Heu nn a1 nded & Tax Measure Frojccu Coordination _ . _ ~ . , . . . . . : APR-05-99 MON 10~56 AM DOKKEN ENGINEERING. FAX N0, 9168580643 P. 02/03 S an ~uis Obxs o~ou~cxl of. Go~rex~n~e~ts ~ ilc ional Trans ortation Plannit~ /1 enc """'~i°"""'` b' P b' ~ Y n~~,..~a~~„ Metropolitan•Planning pr~anization `;","r°`:"'' a' Mnrn~ ll;~y Con~estion Manab~ment Age~~cy ~ ~~',~~,'a`~~~h R~~o..IJ I_ DeC'arii • E~rc~iivc Dircttur State Ccnsus Uatil ~?fi'1~1i1~C 04iyw - - - - - ~ \.l~ ~.11ia ~~6i~PP Cuunly March 16, 1999 - Ms. Jill Petersen, Project Manager Cify of Arroyo Grande Public Works Department PO Box 550 Arroyo Grande, CA 93421 ' SUBJECT: PURPOSE AND NEEDS STATEMENT OF EL CAMPO RD/RTE. 101 AND BRICSO RD/RTE 101 INTERCHANGE PSRs... Dear Jill: Thank you for the oppo~tunity to review and comment on the draft "Purpose and Need" statements for the proposed EI Campo and Brisco/Hafycon Rd. interchange p~ojects. The fol(owing are our comments regarding the current draft text provided by Dokken Engineering. ' EL CQMPO RD ' The funding o~ an interchange iocated at or near the vicinity of the existing at-grade lntersection hinges on a partnership of players. The purpose and needs statement suggests regianal circulation to the Nipomo Mesa wiil be improved as a resuit of this p~oject. However, SL.OCOG's 1998 regionai trafFc model calculations derr~nsirated show only 20% of the vehides using an interchange facility at EI Campo Rd. as being regionai in nature. We appreciate the Counfy Engineering DepartmenCs desire to review, update 'rf necessary, the South County Circulaaon Study as a means to substantiate the traffic volume figures soon to be provided by Higgins and Associates. Related issues focused on County land use and buiid out issues must be addressed appropriately, by the County, in determining the uitimate regionai arculaGon benefits of this projecf. The purpose and need statement for the project should be modifced to recognize the majority of the circulation benefits as being locai. The annexation of the Arroyo Linda Crossroads Phase II component extends to fhe existing sphere of influence recogni~ed in the City's cuRent general plan. Most PDT members are unaware of p~oposed changes the City is undertaking in their genecal plan update (land use and circulation elements) and to what degree annexafior~ of property south of the Ciiy-tim~ts will influence current and fufure land use activities in and around the southem portion of the City. . The purpose statement should a(so include the objective to ~emove as many at-grade intersections near the project loca~ion as possible, thereby~ maximizing the b~nefit of eliminating unsafe at-grade intersections along that segment of Highway 101. APR-05-99 MON 10~56 AM DOKKEN ENGINEERING FAX N0. 9168580643 . P. 03/03 ~ Some additional comments as we move fonxard with t~e PSR: ~ 1. Addr~ess the necessary capadiy improvemenEs, costs, and impacts ~equired for Traffic Way Ext. fo accommodate the proposed local development (e.g. phase 1- three tanes; phase 2- five lanes; bicycle lanes). - 2. Address the effects of a phased interchange relating to H;ghway 101 operational issues at EI Campo Rd.; i,e, no east acxess from southbound Highway 101; traffic movement con~icfs with northbound accelera6on lanes from E! Campo Rd. to Hvry 101 and no~fhbound o~-ramp). 3. Address the necessary improvements, costs, and impacfs to extending EI Campo Rd, to an appropriate standard and alignment to Los Bercos Rd. for the inferchange alternative af or near the existing at-grade intersection. ~ 4. l.ocal access roads east of Hwy 101 and south of the existing at-grade intersection should be addressed in the Arroyo Linda Crossroads specific plan as it relafes to the stated purpose of the PSR to eliminate as many of at-grade intersections as possible. BRISCO RD. ' ; We suppo~E the drafE purpose statement of the proposed project to improve capaaty, safety and traffic operations at the Brisco Road-Halycon Road1US 10t inte~change. Language should be added that is consistertf with mainline improvements idett6fied by -SI.OCOG in the recently adopted major investmenf sfudy for the south couniy. A strong emphasis should be placed on developi~g Iow-cost improvement options due to limited available funding. The project need shoutd fncfude reference to the contributian of grovvfh within the City of Arroyo Grande (paragraph two~ first sentence). Project description reference sf~ould incfude auxi(iary lanes (paragraph four, second sentence). Should you have any questions regarding these commenfs, please don't hesitate to contact me at 805.781.5754. incerely, !(~(~C Richard M phy Transportation Planner cc Dave Fiyn~, Caunty Engineering Wendy Tkacheff, Dokken ~nginering . - . ~ - 4 . ' . . . . . . . . . . ~ ~ . . ' . _ . v . . _ . ' . . . ~ . . r r . . . . . . ,~I IUIS O~ISPO COUCiT~ EPARTMENG NT COUNTY GOVERNMENT CENTER • ROOM 207 • SAN LUIS OBISPO, CALIFORNIA 93408 • TIMOTHY P. NANSON PHONE (805) 781-5252 • FAX (805) 781-1229 • COUKTY ENOINEER GIEN L PRIDDY DE?VTr COIINTT ENGIMEER . ~ ~ " - ENOINtER1N0 StRVICEi ~ ~ NOEL KING DE?YTY CWNTY EMGWtER ROADS ADMIMISiRAf10N - ' , SOLID WASTE FRANCHISE ADMINISTRATIOl/ March 4~ ~ 999 WATER QESOURCES couHtr suavEroa SPECIAL DISTRICTS Ms. Jill Petersen, Project Manager • City of Arroyo Grande Pubiic Works Department PO Box 550 Arroyo Grande CA 93421 Subject: Purpose and Needs Statement of EI Campo Road Interchange Dear Jill: Thank you for sending out the Draft "Purpose and Need" for the proposed El Campo Interchange. The foliowing are our concems regarding the text. ? You have noted that the primary purpose is to provide regional circulation for the Nipomo _ Mesa area. At this time, there is no basis from our regional circulation models that would establish this as a true need. In fact, we feel very little traffic utilizes this link and do not show improvementto this route as such. Moreover, the issue of a regional circulation link is a growth inducing factor to that area of the Nipomo Mesa. Our Planning Department objects to any higher use of the area. As we have previously requested, we would want to see the intention of the City for annexation of this land as it reaily would be a benefit to the City not to the County and the Nipomo Mesa Region. The true intent would be more for access to the southem end of Arroyo Grande and the Arroyo Linda Crossroads project in particular. Especially with the 40,000 tcips Crossroads project may generate. This ~s well a5o~e tha p~tential cf this ar2a of the h9esa. ? Any commitment to EI Campo lnterchange as serving significant demand from the Mesa must be founded in the South County Circulation Study. The PSR is premature at this time. We would first want to revise and approve an update to the Circulation Study prior to committing to this statement. Given the basis of projected growth and traffic cited, we would want to substantiate the purpose and need by reviewing your March 1998 El Campo Road Route 101 Interchange Altematives Analysis by Higgins. ? The purpose and need appears to not address benefits or impacts to Route 101. It would seem apparent that putting in an interchange would be beneficial to take out existing at grade crossings along the existing highway segment south of Arroyo Grande. By placing the interchange at the proposed location of EI Campo Road at grade intersection, we will only take out one highway at grade crossing. If it was put farther to the south it would take out up to three at grade crossings and convert at least a mile south of Arroyo Grande ' ' ^ l into full freeway use. This would be an important purpose and need for the interchange and should be accommodated in the document. ? You list that County roads wiil be upgraded to the design standards and traffic safety and operational requirements of the County. We have not yet seen any layouts which show project scope, please submit copies for our review. We would also want EI Gampo Road improvements included as part of the overall project cost as this is the only way the County would benefit. ? It is unclear what level of service you are designing for. You list a 20 year design period but do not show what horizon year that would be. Is it 2020 or 2030? Also, given the tight weave between interchanges and the southbound grade, how will project improve operations on Route 101? Operations would be improved with the southerly alternative or are placed at Brady Lane. ? The traffic accident data from Caltrans District 5 you have listed as accident rate just slightly higher than average rate. If Caltrans considers this slighUy higher than average rate, that would by no means consider it an accident concentration and warrant investments of millions of dollars. In general, people have avoided this intersection, placement of the interchange is only done for capacity enhancement and access to the adjoining properties. ? County accident data indicates that accident rate is above average on EI Campo Road. Your characterization of the statement does not reflect the County's view. EI Campo is a local rural road which is not a focused route. The collision rate indicates that substantial geometric improvements would need to be done prior to using this as a regional route. This would be a multi-million dollar project that the County does not have funds to undertake. It is unlikely to be fundable by development fees. As stated ea~iier, we would need to include this in overall project for the County to benefit under the Purpose and Need. If you have any questions regarding our comments orwould like to meet to discuss, please give me a call at 781-4463. I look forward to seeing whatever preliminary layouts you have on the interchange and woulcl like to workwith you on a more complete Purpose and Needs Statement. Sincerely, ~~U~ r~c,~n~ . 1 DAVE FLYNN Transportation Engineer cc: Vickie Janssen, District 4 Board Aide Richard Murphy, SLOCOG ~ Bill Roalman, Planning Department File: Road No. 1393 L:\TransW1ar99~PE7ERS EN.I V.LND.DF ~ _ ~ ~ ~ ~ P.O. Box 1540 • 1587 EI Camino Reat . ~ , . Arroyo Grande, California ~93421-1540 ~ - (805) 489-9358 • (805) 481-b201 FAX ~ April 9, 1999 Wendy Tkacheff . Dokken Engineering 3054 Gold Canal Drive Rancho Cordova, California 95670 Dear Wendy: First of all let me apologize for not sending you the.following comments regarding the El Campo Road/Route lO1 Interchange.Modification PSR in a more timely manner. Hopefully you will be able to use them if you find them to be appropriate. As I think you are aware Bonita is assbciated.. with the Frederick Family in the Arroyo Linda Crossroads proj ect and my coa¢aents should be taken in that conte~. To begin with, we wholeheartedly concur with the many co~nents that have been made at your PDT meetings that have suggested that funding of the interchange be an issue that is dealt with as a part of the overall PSR, assumi.ng that issue is within the scope of items that are included in PSR'-s. It is almost amusing to us how all of the aqencies involved in the study, with the possi.ble exception of the City of Arroyo Grande, are avoiding any acixaittance of need for the interchange improvements like one would avoid a red hot potato if it were thrust in our direction. While we admit that the Arroyo Linda Crossroads (ALC) project will be precipitating an earlier need for the intersection improvement, we l~ow that we will be asked and expect to pay more than inight otherwise be our reasonable share of the cvst of the improvement. The ALC project will certainly enhance the fiscal well being of the City of Arroyo Grande as well as other larger-..surrounda.ng areas of the county - by providing employment opportunities for our children and their children to come and generating sales tax revenue through many of the commercial oriented opportunities that will abound as the project develops. The Fredericks have spent many many hours evaluating the many alternatives that are available for the development of their vacant, barren and almost unusable property and have also spent many dollars on consultants and other professionals implementing the preparation of the plans necessary to go through the governmental entitlement processes. ~ Wendy Tkacheff April 9, 1999 Page 2 . Al1 of this time and money has been spent with a singular goal in mind. That goal is to provide the community with a project that will not only compliment our central coast life styTe, but will also be something that the entire community can be proud of. The entitlement px'ocess and the many milestones of public review and approval dictate the above_. Returning to the PSR's needs and purpose statement, it goes without saying that the interchange is a necessity to the success of the ALC project. For those agencies that are now trying to stay out of the way of that hot potato, and will be asked to financially participate in the cost of constructing the new interchange, it is absoiutely ludicrous to say tizat they will not receive some benefit. We as citizens of this community should be looking at the entire project, including ALC as a means of obtaining a needed part of . our transportation infrastructure and having the private sector paying for a significant portion of it should work positively as we look for ways to justify the improvements. y Once we get our heads screwed on in that direction and we begin looking at the value of the intersection improvements, our friends from the county will begin to appreciate the value that an El Campo interchange ~ improvement will have on relieving traffic on Halcyon Road and Highway 1 and providing additional relief froin the northern Nipomo Mesa generated traffic. Our peers at Caltrans wz1l. begin to give credence to the elimination of the present safety hazards and the non-freeway condition of the intersection, as well as the elimination of the southbound Traffic Way on-ramp. This has .to ~be consistent with the Caltrans ultitnate objective of a 6-lane freeway through this part of San Luis Obispo County. And lastly, SI+OCOG.will start to realize the potential value of the E1 Campo-Highway 101 intersection as a regional and major benefit, whose cost will be bome to a significant degree by the private sector developers of Arroyo Linda Crossroads, not the public as so many other major infrastructu-re improvements are financed. No project at all or one that will not be appropriately located to serve the access needs of Arroyo Linda Crossroads will result in a perpetuation of the existing conditions and those conditions will worsen as the area grows and traffic needs and demands become more acute. Thank you for allowing us to coamnent and I again apologize for not . getting this to you sooner. ~ Very truly yours, John H. Ghormley, President ~ cc: Jill Peterson, Project Manager RECEi~'EO ~ITY 0: ARROYO G ~ OTIS S. PAGE JR ~ ~ 606 MYRTLE STREET 99 ril~R 16 A~ f3~ 1 ARR~YO GRANDE CA 93420 805-489-5811 - iklarch 16,1999 • 1i11 Peterson City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93421 ~ DearJiH, ~ Sub ject: Justification of the EI Campo interchange, who pays for the construction? Reference: Need & Purpose statement included in Meeting Minutes of February 9,1999 it is important that we consider the factors effecting the justification for the El Campo interchange. Those factors will have a great bearing on "who pays" for the construction cost of the interchange. The issue of financiat feasibll'rty should be considered naw. What are the present just~fication factors that apply to EI Campo Intercfiange? - The first appears to be the requirement to serv~ce traffi.c entering and exiting the Phase 2 implementation of the Arroyo Linda Specffic Plan. - The second is to make a safer access for peopte using the present Ei Campo access to US181. - The third factor is the provision fo~ a better access for US 707 traffic . originating on the Mesa near Halcyon Road. It is interesting to compare these three factors to the two major factors considered in the prior Omni-Means study: - The use of~the interchange as an origination pointfor a SR227 byipass. - The assumed need to ~elieve traffic congestion an U51 Oi because of an assumption that U5101 would not be expanded from two to three lanes. it'ts important to poi~t out the fact that the jusftfication in the Otnni-Means study did not consider the Mesa traffic requirement Why was this requirement ignored? The answer may be the fact that we have an ~nterchange laofting for a justification. is there a. . ~ reaching to find another justification, no matten c~w unreal orweaktfie justification is? • Secausewe can safely assumetfiatthe long range US'107 plans provide forthree-iane expansion, there is no jusftfication for a SR227 bypass. There will be sufficient capacity on U5107 with three lanes, and because of this, an alternate route, even thougFi desirable, is not required. So another justification must be found. Why? Because, the praposers of the Arroyo ~ Linda Plan da not want to pay for a targe portion of the cost of the interchange. The justification is related to "who pays." The onty hope for a justification is the rationale that the interchange will relieve future traffic demands on the Mesa. There are no_ meaningful studies that support this assumption. But even if the traffic data supported reasonable tra~c flows there is a rea! probiem with the Mesa Based Justification! There is no road going to the Mesa planned, or contemplated, or being formally considered as a part of the El Campo PSR. The p~esen! road would challenge goats let alone any low- (evel traffic volume from the Mesa. So there is a problem with the E! Campo interchange justification. And the res~h of the probiem is the major funding responsibi(ity will fall to the developer and the City if the "justification isn't justified:' We are a# a stage where it is like sailing on the Trtanic knowing there is an iceberg in out future. THE MARCH 28,1998 REPORT TO THE CITY ~OUNCIL . With this overview in mind, this letter emphasizes the points made in my report (9 pages) to.the City Council on March 28,1998, a year ago this month, on the same general subject of this document. These thoughts were also given to the SLOCOG Board and its Executive ~ommittee in the context that there is a special opportunity to address a possible "major regional trafficltransportatioa ~equiremen~" These are a lot of words that, in essence, suggests that if there is to be a justification and funding for an interchange, there had better b,e a defined County/State road systern ~ infrastructure which supports it ~Otherwise, there is no reai jusfificatio~ and no money wil( be forthcoming from other major agencies. This would leave the City of Anoyo Grande, a~d those who propose to develop the Fredericks' property, with the ugly, unhappy and lonely prospect of having to "pay the bill." May 1 say at this point, if anyone is serious about tfie City paying for or becoming (iable . for funding the interchange, or any majar portion of the iaterchange, there may be a - serious political reaction by the citizens of Arroyo Grande that this is not a very good idea. Here is the iceberg, clear and simple. Sailors and passengers, abandon ship. Man . the iifeboats! ~ WHAT 15 THE ROA~ SYSTEM? An environmentally sensitive, beautifuify designed ~oad rystem Infrastructurewoutd serve regional traffic occurring from and to the Mesa, through Arroyo G~ande, to and ' from San Luis Obispo. This road system would be an important complementto, an _ - atternative for, and a conjunction ~rith USi 01 serving the area frotn the South Goutrty to _ - San Luis Obispo. In essence, this thinking revives the question of the SR227 bypassl But this woufdn't be a SR227 Bypass. This would be a complementary road system to US101 that could be defined in the cantext of a fong-range imptementation over many years. ' . Am 1 dreaming? Is such an idea worth considering. Absolutely, if you wish to surv~ve th~s voyage. This may seem to be a strange suggestion coming from one of tfiose citizens wfio "led the parade" in killing the SR 227 bypass proposal. It was not jus#ified, but a tastefully designed new road system implemented over ma~yyears may be! ~ I am aot saying that it would be justified. What 1 am saying is the suggestion should be considered. Anything is better than hitting that iceberg! But a number of issues hang on this determination besides the multi-agency consensus to make it happen.That issue is the . interdependency of the Arroyo Linda Plan, iYs phasing of the requirement for an interchange, and the General Plan of the City Of Arroyo Grande. LET'S REVIEW ARROYO GRANDE'S PLANNING ACTiVtTiES Two independent, yet vitatly related planning projects, are now being considered by . the City of Arroyo Grande: - The PSR for an interchange (ocated at or near fl ~ampo Road. - The Arroyo Linda Crossroads Specific Ptan proposed by the Fredericks famiiy on land tocateci South of the City. These projects are being considered while the City revises its Circulation Element artd the General Plan. tt is important to emphasize that the present PSR was author~zed during the past administration of the City Council. It is predicted tfiat the new Council wiil have a longer view of the questions relating to the Arroyo Linda Plan and the C'rty sponsored PSR for an interchange at El Campo Road.The new~ouncii `aint"going to sail on any ship that risks hitting an iceberg.That has aiready happened once in recent memory, and some are drowning as a ~esu1L No life vests and the water is very cold! SOME BACKGROUND ON THE lNTERCHANGE AND OMNI-MEANS STUDIES A substantial portion of the Omt~i-ihlleans long-RangeTraffic Study was revised to _ accommodate a plan for devetopment of the Fredericks' property, based o~ optimistic land use assumptions. These revisions resulted in changing an East-West orientation of . traffic flow, to relieve tra~c congestion on East Branch Street in the vitage, to a North- South traffic flow consideration proposing a SR227 bypass, with the main justification bei~g the relief of traffic congestion on US101. So there have been a 1ot of sympathetic support for the Fredericks' plan to develop their properiy. These studies have supported and enhanced the Fredericks' efforts to develop their land. The study mo~eys were spent on the reliance that there would 6e a coincident development of the Fredericks property in conjunction with a new inter~hange located near or at EI ~ampo Road. Why are these facts relevant now? THE PHASE 11PHASE 2 lSSU~ Despite these efforts, it came as a surprise to many,when the Fredericks' Arroyo Linda Specific Plan was submitted, tfiat the ptan was defined in two phases, with the interchange implementation falling in the seccnd phase! 8esides this fact, there was no estimate on the timing of the phases, except Phase 2 was, obviously, a secondary priorrty. Phase 2 would require tf~e interchange; Phase 1 would no~ Atso, despite all the efforts given in support of the Fredericks for their Arrayo linda Specific Plan, their ptan ~ . is nonspecific in many respects, especialiy as to costs and scheduie. The.P{an's revelation caused many to ask questions. When does the secondary phase happen? When Phase 1 is successful7 What is the real Arroyo Linda Spec~c Planl Phase 1 only? And then Phase 2 if Phase 1 is successful? In essence, this means that because of the Arroyo Linda Plan's Phase 2 implementation, the EI Campo requirement, in all respects, has a secondary priority for the F~edericks even though they contributed to the PSR cost No one knows when Phase 2 will happen. No one knows or can even give a good guess. This is not the stuff that major finanaat decisions a~e made of, and tf~is is troubling when considering the haste to proceed with the EI Campo PSR at this time. !f - yau are going to buy a ticket to sail on this ship, forget about the iceberg. The ship wiU . never (eave port because no one knows when orwhere it is going. ~ _ Sesides this impediment, the plan as proposed bythe Fredericks contemplates the commercialrndustrial development of a business park near the edge of the arroyo with views into the ~llage, next to two environmentaliy sensitive neighborhoods. This aspect of their plan is also politically sensitive if not provocative. And 1 atn being po(ite! Nevertheless, this de-emphasis on the requirement of an interchange as spec~cally confirmed by the Phase 2 nature of the plan, does put the plan and the requirement fo~ an intercha~ge at some rislc and subjects the projectto deserved criticism. (1 won't sail on that boat) This is the reason why so many believe the Fredericks' proposa! is so . disappointing. A new Council sits. Based on the results of the recent Generat Plan Citizens Survey, a ~ different attitude exists today on the question of growth. People like things theway they are. Most citizens recognize the virtues of managed growth, but there is (ittle satisfaction expressed for the growth that has occurred. There are new facts that ~ supportthis conclusion. And they are impressive! THE INTERCHANGE STUDY There must be a substantiated "regional" justification if moneys are to be committed by - the ~ounty, CALTRANS and SLOCOG. Many believe that justification must include a significant amount of tra~c flowing to and from the Mesa, tra~c flowing to and from . tfie Lake Lopez area, and trafftc flowing to and from San Luis Obispo. What is the p~ize if such traffic flows can be justified? Up to 40°,6 or more of the total funding bill for the interchange may be the prize. How much money are we tatking about? Assuming a completed totat cost of $10,000,000, there would be a$4,~0O,OOa contribution by other agencies. Considering this, what are the dependencies to justify tfie inter~hange? For if this is not a high priority forthe Fredericks, then it becomes a different probtem and priority far the C'rty, botfi pviitically and seruibly. There should consideration of a regional justification that a~rms the definition and implemeatation vf a plan for a substantial infrastructure of roads that is based on the interchange. There must be strong suppart by a[I agencies for this plan. At this point the present Fredericks` plan really is only Phase i, nothing more. And itby its naked self has severe problems considering its offensive qualities and awkward impletnentation without access to US) 01 at E1 Campo Raad. Without a sensible jusfification for the interchange, it may never be funded un[ess the developer pays the bip. . Resp Ily, ~PY• e unci The C'rty Manager The PSR Oistribution List P.ECEIVEO OTIS S. PAGEJR C?TY C~ E~RROYO G~A.,~.;~ 606 MYRTLE STREET ~ S9 ~~Q° 2 Z A~1 9= 4~: ARROYO GRAN~E CA 93420 , 805-489-5811 March 22,1999 To the ~ity Council Subject: The El Campo PSR and the Genera) Pian Reference: My tetter to Jiil Peterson of March 16,1999; subjert:lustification of the EI ~ampo interchange, who pays for the construction? BACKGROUND The Fredericks` Arroyo Linda Plan proposes a two-phased project for development of their 275-acre property, located south of the ~llage and east of US 101. Phase 1 is comprised of 90 acres within ihe City. Phase 2 has 185 acres located in the County.The Fredericks propose the tity annex the County property included in Phase 2. Phase 2 requires ar~ interchange at U5101. The ~redericks say Phase 7 does not7 {Some disagree) • The Witliams family possesses 200 acres located south of and contiguous to the Fredericks'.They pian to develop and request annexation.The property also has a requirement for an interchange. The Wil(iams' requirement is immediate, contingent only on funding and the annexation decision. The requirement is not dependent on or tied to Arroyo Linda's Phase 2 timing. THE INTERCHANGE LOCATION The Fredericks prefer an interchange tocated near El Campo Road.The Williams' requirement suggests a location near the line of the Fredericks' and Williams' praperties. This is described as the "southern location" in a prior study. A southern location is considered to be more desirable by the residents of Fatcon Ridge and those advocating a better access to the Mesa. ~ THE UTY'S GENERAL PLAN AND OTHER PLANNING REQUIREMENTS 8esides the requirement for a multi-agency consensus to support the funding of the interchange, four related planning activities are now being considered by the C'rty of Arroyo Grande. These have a bearing on the funding issue: - The effort to prepare a PSR for an interchange located at or near El Campo Road. - The Arroyo Linda Crossroads Specific P(an proposed by the Fredericks. ~ - The emergence of the Williams' ptan consideration; - The City's revision af its Circulatian Element and Generai Pian. This planning activity is greatly influenced if not prejudiced by the effort to prepare a PSR for the EL Campo interchange. The PSR effort should be put in a state of abeyance untii the C~s Generat PTan is decided, hearings have been he~d on the Arroyo Linda Plan; the Williams plan has been considered, and a confident funding plan has bee~ estabtished for the interchange. A substantial question mvst be arrswered as a part of the Gerreral Pfan. Wifl the C'rty add County property to accommodate expansion needs? If the answer is no, there wilt be no need #o~ an inte~change. Up to this pant there has not been a final decisian on the . annexation question, even though a substantial effort has been marshaled by the past Council to effect an annexation ptan. lf the answer on annexation is yes, then the question of rezoning. the Fredericks property is at issue. !f the answer is no, the Fredericks must revise their pian, since Phase 2 would be a dead issue. if the rezoning is permitted, then the Arroyo Linda Plan should be reviewed with appropriate changes made as a function of the hearing process. The Williams plan should then be considered along with any other requirements that could aid the justification and eventual funding decision of the interchange. THE PSR ABEYANCE Before an interchange may be approved as a contender in the STP (State Transportation Plan), there must be an approved PSR, induding a justification. Tl~is will allow the . projectto be rated and carrtend farfunds. (See attachmer~ PSR hrstifrcation Criteriaj The argument for not having arr abeyarrce is ttrat all major fandtng cFecisions wtN f~e _ resolved during or near after the finish of the PSR: This is appropriate assuming a co+~sensus exists supporting the fusfrftcatwn. That is rwt the si#uation with the E1 Campo PSR. The consensus is critical and not supportive! The argument for an abeyance is to allow the C'rty to get its ad together in terms of the General Plan and the appropriate hearing processes that should have been he(d before the PSR was appraved. Performing tf~e PSR prior to hearings on the Arroyo Linda Plan, and now prior to the completion of the General Plan, is a case of "putting the cart before the horse." An abeyance of the PSR effort shoufd be no tonger than tfiree months. The City should be able to get its' "homewor(~' accomplished in this time period. Respectfully s bm' i C: P annin issio . = r Traffic Commission Cty Manager . Director of Public Works Director Community Development . : ConsultantJill Peterson ' ~ ~ Attachment: lnterchange Justification Criteria ~ ATTACHMENT: INTER~HANGE JUSTIFICATION CRITERIA The justification for the proposed Ei Campo interchange is reiated to the funding plan for the interchange. The justification detaits the major "purpose and use" of the interchange. The Williams' develapment is not a part of the present justification. It should be. The Williams family is preparing a specific ptan for submission to the City and seeking advice from the City staff. The iNilliams' plan will help substantiate the interchange's justification and funding. JUSTIFICATI~N FACTORS The present justification factors that apply to EI Campo interchange include the requirement to service traffic entering and exiti~g the Phase 2 implementation of the Arroyo Linda Specific Pian. The second is to make a safer access for peaple using the present E! Campo access to U5101. The third factor is the provision for a better access fo~ U5101 tra~c originating on the Mesa near Halcyon Raad. These factors are judqed to be insufficient to justify multi-agency support. The justification in the prior Omni-Means study did not consider the Mesa traffic requirement. There are no meaningful studies or accepted tra~c data that support the Mesa tra~c requirement. JUSTfFiCATION CRITERIA A typical justification rationale is based on a numerical rating to apply justification criteria to justification factors. These factors are weighted in terms of importance. The following naive example applies this type of raticnale to the preser~t EL Campo interchange: JUSTIFICATION ITEM RELATIVE IMPORTANCE WEIGHT TOTAL SCORE PERCENT Developer Requirement 10 10 100 725 Safety 2 4 8 6.0 Mesa Tra~c Attess 5 b 30 21 S The concfusion using this ratio~ale is the developerwould be responsible for 725 percent of the construction cost The rest could be laid off to otfier parties with a very important "(F": if they ayree to participate! ~ lt is recommended that SLOCOG, CALTRANS and the County establish an acceptabte set of criteria that would provide the best attempt at an objective raticnate to access the funding responsibil'~ty for the interchange. Thjs adivifiy could praceed during the abeyance period of the PSR effort. ~ ATTACHMENT D Developers Statement For Tentative Tracf Map 2265 June 3, 1999 vliage Glen Homes LLC (`appticant") has submitted ~n apptication to annex approximately 86 acres {"annexa~on"} into the City of Arroyo Grrnde {~City"), located north of James Way anc! w~est of Canyon Way as showm on Exhibit A. The appiicant has also submitt+ed an ~icafion ~or Tentaave Trict 22fi5 ("Tract 22fi5") which consists of approximately 64 0# the 86 acre annexabon area. An ~nvironmentai Impact Re~rt {"EIR°) has been prep~ fior the proposed anr~exation and Tract 2265. The EIR evalua#ed the po#ential impects of th~ annexation and the originatly proposed 641ots withln Tract 2265. The appiicaM hereby agrees to reduce the number of lots to be dev~eloped within TraCt 22fi5 to no more than 50 resid~tial la+ts in order to further reduce the ~ess than signi~cant impacts to water suPply, drdinage, tra#~ic, and pubtic senriaes. (n a~dd~ion, the applicarrt hereby agr+ees tv cluster 49 fots on the south ar~ west portions of Tract 2265 and preserve the north and east portions of Tract 2285 in permanerrt open spaoe, except for a buildable area of approxlmatety two acres in the viCinity of the existing r'esidettce within Tra~t 2265. The reduction to the number of lot~ is consistent withh t~e E1R's conclusiort that #he environmentafly superior proje~ct would be a reduced sc~lle proj~ct of about 50 residences. tt is und~rstood that the above provisions are the stated irrtent of tfie signing P~• ~/3/ c~ C3ary L. Yo G for Vipaye Glen Hom~s tLC Date Robert James. Property Owner Date 9.a. O~ pRROY~C ~ INCORPOqATE Z V D T * JULY /0. 1911 * ~ MEMORANDUM ~~~FORN~P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVIC SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period May 16 - May 31, 1999. FUNDING: There is a$455,746.91 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT A- Cash Disbursement Listing ATTACHMENT B- May 21, 1999 Accounts Payable Check Register ATTACHMENT C- May 21, 1999 Payroll Checks and Payroll Benefit Checks ATTACHMENT D- May 28, 1999 Accounts Payable Check Register ATTACHMENT E- May 31, 1999 Accounts Payable Pre-paid Checks CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER.SYSTEM GENERAL FUND~0102 SPECIAL REVENUE FUNDS Citu Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - City Clerk Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transpoitation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Fund (Fund 271) 4131 - Community Building (CDBG) 4202 - State AB3229 Cops Grant 4140 - Management Information System 4203 - Federal COPS Hiring Grant 4145 - Non Departmental 4204 - Federal Local Law Enforcement Public Sa~t~ (Fund 010) 4201 - Police ENTERPRISE FUNDS 4211 - Fire Sewer Fund (Fund 612) 4212 - Building & Safety 4610 - Sewer Maintenance 4213 - Government Buildings Water Fund (Fund 640) Public Works (Fund 010) 4710 - Water Administration 4301 - Public Works-Admin & Engineering 4711 - Water Production 4303 - Street/Bridge Maintenance 4712 - Water Distribution 4304 - Street Lighting Lopez Administration (Fund 641) 4305 - Automotive Shop 4750 - Lopez Administration Parks F~ Recreatzon (Fund 010) 4420 - Parks CAPITAL IMPROVEMENT PROGRAMS 4421 - Recreation 5501-5599 - Park Projects 4422 - General Recreation 5601-5699 - Streets Projects 4423 - Pre-School Program 5701-5799 - Drainage Projects 4424 - Recreation-Special Programs 5801-5899 - Water/Sewer/Street Projects 4425 - Children in Motion 5901-5999 - Water Projects 4430 - Soto Sport Complex 4460 - Parkway Maintenance Dept Index for CounciLxk . ATTACHMENT A CITY OF ARROYO GRANDE CASH DISBURSEMENTS ~on tl~e ~e~riod o~ ~zlaay 16 7~vuw~i 7?2a~y 31, 1~!c!9 June 8,1999 Presented are the cash disbursements issued by the Department of Financial Services for the period May 16 to May 31,1999. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE GF PAYMENT SCHEDiILE AMOUNT May 21,1999 Accounts Payable Cks # 90424-90516 B 94,532.01 Payroll Checks and Payroll Benefit Checks C 217,862.98 312,394.99 May 28,1999 Accounts Payable Cks #90534-90653 D 302,340.95 Less Ck P116 Payroll Transfer included in (159,396.03) Attachment C 142,944.92 May 31,1999 Pre-paid Checks 118-120 E 407.00 Two Week Total $ 455,746.91 ATTACHMENT B VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 O5/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMHER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90424 OS/21/99 000234 A& R WELDING SUPPLY OXYGEN 010.4211.5206 13.00 13.00 90425 OS/21/99 100584 AIR LIQUIDE AMERICA COR OXYGEN/ACETYLENE 010.4305.5303 31.00 90425 OS/21/99 100584 AIR LIQUIDE AMERICA COR OXYGEN/ACETYLENE 640.4712.5610 31.00 62.00 90426 OS/21/99 003042 AMERICAN EQUIPMENT SVCS DUMP BIN 010.4213.5303 1,250.00 1,250.00 90427 OS/21/99 003120 AMERICAN INDUSTRIAL SUP LATEX GLOVES/SAFETY GLASSES 010.4305.5603 21.77 90427 OS/21/99 003120 AMERICAN INDUSTRIAL SUP SAFETY GLASSES&EYE PREP 010.4420.5255 52.12 73.89 90428 OS/21/99 100897 AMERICAN TEMPS HAWORTH SVCS-4/29 284.4103.5303 502.40 90428 OS/21/99 100897 AMERICAN TEMPS D.STOLTFFER SVCS-5/2 010.4130.5303 573.05 90428 OS/21/99 100897 AMERICAN TEMPS D.STOUFFER SVCS-5/9 010.4130.5303 125.60 1,201.05 90429 OS/21/99 101130 KAY L. ANCONA WATER DEPOSIT-246 OAK PARK 640.0000.2302 180.00 90429 OS/21/99 101130 KAY L. ANCONA CLOSING BILL-246 OAK PARK 640.0000.4751 104.56- 75.44 90430 O5/21/99 100309 ARROW CAMERA APRIL PHOTO CHARGES 010.4201.5255 175.36 175.36 90431 05/21/99 005772 ARROYO GRANDE COMM. HOS PHYSICAL-T.SCHMIDT 010.4305.5303 65.00 90431 OS/21/99 005772 ARROYO GRANDE COMM. HOS PHYSICAL-HOPKINS 010.4201.5303 75.50 90431 OS/21/99 005772 ARROYO GRANDE COhA1. HOS PHYSICAL-HICKEL 010.4213.5255 80.00 220.50 90432 OS/21/99 008346 BACKYARD IMPROVEMENT CE TENNIS COURTS-SANTOS 010.4430.5605 37.59 90432 05/21/99 008346 BACKYARD IMPROVEMENT CE POLES 010.4430.5605 69.50 107.09 90433 OS/21/99 009750 BRENDA BARROW REII~ID.SNACK SUPPLIES 010.4425.5259 36.88 90433 OS/21/99 009750 BRENDA BARROW REIMB.AM/PM SUPPLIES 010.4425.5255 35.21 90433 OS/21/99 009750 BRENDA BARROW REIMB.PHOTOS 010.4424.5252 8.28 90433 OS/21/99 009750 BRENDA BARROW REIMB.SNACKS-AM/PM 010.4425.5259 83.30 163.67 90434 OS/21/99 010022 BATTERY NETWORK,INC. BATTERIES 010.4201.5606 1,031.75 90434 OS/21/99 010022 BATTERY NETWORK,INC. BATTERIES 010.4201.5255 10.73 1,042.48 90435 OS/21/99 010296 BEACH FRONT AUTO SERVIC REPL.WATER PLTMP 010.4305.5601 295.81 295.81 90436 OS/21/99 010628 BENS COMPUTER OUTLET 32 MEG MEMORY 010.4140.5602 101.35 90436 OS/21/99 010628 BENS COMPUTER OUTLET 32 MEG MEMORY 640.4710.5201 43.44 144.79 90437 OS/21/99 100618 BERCHTOLD EQUIPMENT CO KUBOTA GASKET KIT 010.4420.5603 111.76 111.76 90438 OS/21/99 013026 BRISCO MILL & LUMBER DRILL BITS/SCREWS/CLOROX 010.4213.5604 11.21 90438 OS/21/99 013026 BRISCO MILL & LUi~ER WOOD/POWER CORD 010.4213.Sb04 141.53 152.74 90439 OS/21/99 018018 CA.ST.DEPT.GENERAL SVCS L/DIST.PHONE-5400 010.4145.5403 129.22 129.22 90440 OS/21/99 018330 CA.ST.DEPT.OF NSTICE APRIL 99 FINGERPRINTS 010.4201.5324 64.00 64.00 90441 OS/21/99 101069 CDW GOVERNMENT,INC. PORT REPLICATOR-CITY MANAGER 284.4103.6001 141.11 141.11 90442 OS/21/99 101127 CENTRAL COAST CONDORS OVERPAYMENT-FIELD USE 010.4424.5352 552.28 552.28 VOUCHRE2 • CITY OF ARROYO GRANDE PAGE 2 OS/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUhIDER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90443 OS/21/99 023010 RICHARD CHECANSKY REIMB.BOOKS-CHECANSKY 010.4201.5502 159.66 159.66 90444 OS/21/99 023322 CHRISTIANSON CHEVROLET RESURFACE ROTORS/ALIGN/TIRES 010.4201.5601 161.60 90444 OS/21/99 023322 CHRISTIANSON CHE~/ROLET ABS LIGHT-PD943 010.4201.5601 33.60 90444 O5/21/99 023322 CHRISTIANSON CHEVROLET LUBE/OIL/ROTATE/SERP BELT 010.4201.5601 108.93 304.13 90445 OS/21/99 023634 CLASSIC TEES YOUTH WRESTLING LGE/T-SHIRTS 010.4424.5257 230.59 230.59 90446 OS/21/99 024870 COMPUSERVE INC. COMPUSERVE USER FEES-4/29 010.4140.5607 42.80 42.80 90447 OS/21/99 025116 CONLIN BROS.INC. GROUND ANCHORS 010.4424.5257 38.86 90447 OS/21/99 025116 CONLIN BROS.INC. BASES 010.4424.5257 662.49 90447 OS/21/99 025116 CONLIN BROS.INC. BASES 010.4424.5257 536.70 90447 OS/21/99 025116 CONLIN BROS.INC. CR:BASES 010.4424.5257 513.11- 724.94 90448 OS/21/99 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER/CUPS 010.4001.5201 121.53 90448 OS/21/99 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4130.5201 20.00 90448 OS/21/99 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101.5201 20.00 90448 OS/21/99 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4120.5201 20.00 181.53 90449 OS/21/99 028644 WENDY DEATON 4/99 CRITICAL STRESS DEBRIEF 010.4201.5303 160.00 160.00 90450 OS/21/99 100896 LISA DEL VAGLIO REIMB.SNACK SUPPLIES 010.4425.5259 12.25 90450 OS/21/99 100896 LISA DEL VAGLIO REIMB.AM/PM MILEAGE 010.4425.5255 160.27 90450 OS/21/99 100896 LISA DEL VAGLIO ADVANCE-AM/PM SUPPLIES 010.4425.5255 100.00 272.52 90451 OS/21/99 029250 J.B. DEWAR,INC. #2 RED DIESEL FUEL 010.0000.1202 1,254.83 90451 OS/21/99 029250 J.B. DEWAR,INC. FILL EM DIESEL BIOCIDE/COND 010.0000.1202 159.01 90451 OS/21/99 029250 J.B. DEWAR,INC. 92 OCT.SLJPER GASOLINE 010.0000.1202 9,681.29 90451 OS/21/99 029250 J.B. DEWAR,INC. #2 RED DIESEL FUEL 010.0000.1202 229.38 11,324.51 90452 OS/21/99 029484 DIESELRO INC. AIR TANK RELIEVE EXT/BATTERIES 220.4303.5601 329.39 90452 OS/21/99 029484 DIESELRO INC. AIR TANK RELIEVE EXT/BATTERIES 612.4610.5601 329.38 90452 05/21/99 029484 DIESELRO INC. AIR TANK RELIEVE EXT/BATTERIES 640.4712.5601 329.38 90452 OS/21/99 029484 DIESELRO INC. REPL.FAN CLUTCH 220.4303.5601 145.92 90452 OS/21/99 029484 DIESELRO INC. REPL.FAN CLUTCH 612.4610.5601 145.91 90452 OS/21/99 029484 DIESELRO INC. REPL.FAN CLUTCH 640.4712.5601 145.92 90452 OS/21/99 029484 DIESELRO INC. REPLUMB AIR VALVES-PW41 220.4303.5601 139.11 90452 OS/21/99 029484 DIESELRO INC. REPL.CLUTCH-BUSH CHIPPER 220.4303.5603 1,392.95 90452 OS/21/99 029484 DIESELRO INC. SERVICE MOWER 010.4420.5601 314.57 3,272.53 90453 OS/21/99 100968 DMG-MAXIMUS OPERATING FEE STUDY 010.4145.5303 8,750.00 8,750.00 90454 OS/21/99 101132 DOLORES DOWELL REF.PARK DEPOSIT-DOWELL 010.0000.4354 25.00 25.00 90455 05/21/99 031044 EARTH SYSTEMS CONSULTAN UGROUND STORAGE TANK-TESTING 350.5401.7401 206.00 206.00 90456 OS/21/99 031942 ELECTRONIC PARTS SUPERM RADIO PARTS 010.4211.5603 72.52 90456 OS/21/99 031942 ELECTRONIC PARTS SUPERM MOTOR/RADIO PARTS 010.4211.5603 50.62 123.14 90457 O5/21/99 100691 FIVE CITIES-TIMES LEGAL 38354 010.4002.5301 255.75 VOUCHRE2 CITY OF ARROYO GRANDE PAGE. 3 OS/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK N[JMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90457 OS/21/99 100691 FIVE CITIES-TIMES LEGAL 38355 010.4002.5301 269.50 90457 OS/21/99 100691 FIVE CITIES-TIMES LEGAL 38367 010.4002.5301 171.00 90457 OS/21/99 100691 FIVE CITIES-TIMES LEGAL 38375 010.4002.5301 37.50 733.75 90458 OS/21/99 036972 GATOR CRUSAING & RECYCL A/C REMOVAL 220.4303.5307 76.58 90458 OS/21/99 036972 GATOR CRUSHING & RECYCL A/C REMOVAL 220.4303.5307 74.25 90458 OS/21/99 036972 GATOR CRUSHING & RECYCL A/C REMOVAL 220.4303.5307 118.05 268.88 90459 OS/21/99 101129 LORIE GILL WATER DEPOSIT-1211 FARROLL #B 640.0000.2302 180.00 90459 OS/21/99 101129 LORIE GILL CLOSING BILL-1211 FARROLL #B 640.0000.4751 44.84- 135.16 90460 OS/21/99 100485 GOLD COAST FLORAL FLOWERS-BAILEY 010.4201.5504 32.18 32.18 90461 05/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301.5255 4.92 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4212.5201 64.81 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4212.5201 47.14 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4212.5201 36.45 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301.5201 6.41 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4421.5201 11.53 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 6.97 90461 05/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4101.5201 82.72 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4130.5201 14.85 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4421.5201 6.97 90461 OS/21/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4101.5201 74.00 356.77 90462 OS/21/99 036426 GTE WIRELESS CELL PHONE-AUTO 010.4305.5403 21.79 21.79 90463 OS/21/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 117.25 117.25 90464 OS/21/99 101134 TONYA HP.RDINAN REF.PARK DEPOSIT-HARDINAN 010.0000.4354 25.00 25.00 90465 OS/21/99 046176 J J'S FOOD COMPANY KITCHEN SUPPLIES 010.4211.5255 19.98 90465 OS/21/99 046176 J J'S FOOD COMPANY KITCHEN SUPPLIES 010.4211.5255 14.76 34.74 90466 OS/21/99 046508 JACK'S REPAIR SERVICE OIL GUARD SWITCH/FUEL LEAK 612.4610.5603 84.63 84.63 90467 OS/21/99 100087 HOLLY JARRATT JAZZERCISE CLASS-JARRATT 010.4424.5351 163.88 163.88 90468 OS/21/99 101137 JOE JENNINGS AFTER SCHOOL PROGRAM-JENNINGS 010.4424.5351 250.00 250.00 90469 05/21/99 048360 LINDA KEY REIMB.PRE-SCAOOL SUPPLIES 010.4423.5253 6.81 6.81 90470 OS/21/99 048516 KEYLOCK SECURITY SPECIA KEY RING 010.4305.5255 2.45 90470 O5/21/99 048516 KEYLOCK SECURITY SPECIA R&R DOOR LOCK-P13 010.4420.5601 50.86 53.31 90471 05/21/99 053118 LUCIA MAR UN.SCH.DIST. BUS TRANSPORATION-AM/PM 010.4425.5303 570.00 570.00 90472 OS/21/99 054494 CATHY MALLORY REIMB.PRE-SCHOOL SUPPLIES 010.4423.5253 12.16 12.16 90473 OS/21/99 054522 CYNDI MALMEN CHILD DANCE THEATRE CLASSES 010.4424.5351 280.00 280.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 OS/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE Ni7MBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90474 O5/21/99 056580 MID STATE BANK ACA DISTRIB-5/7/99 010.4145.5319 27.40 27.40 90475 OS/21/99 056394 MIDAS MUFFLER & BRAKE CR:LUBE/OIL/FILTER CHARGE-PD95 010.4201.5601 89.43- 90475 OS/21/99 056394 MIDAS MUFFLER & BRAKE LLTBE/OIL/FILTER/BLADES 010.4420.5601 50.58 90475 OS/21/99 056394 MIDAS M[TFFLER & BRAKE ROTORS/SEALSAND BEARINGS 010.4420.5601 449.94 411.09 90476 OS/21/99 101064 MIKE'S MAINTENANCE RECOAT FLOOR-W/C 010.4213.5303 75.00 75.00 90477 OS/21/99 057096 MINER'S ACE HARDWARE EPOXY/LINSEED OIL/TURPENTINE 220.4303.5613 13.91 90477 OS/21/99 057096 MINER'S ACE HP.RDWARE NUTS/BOLTS 010.4213.5604 .28 90477 OS/21/99 057096 MINER'S ACE HARDWARE NUTS 010.4213.5604 1.72 90477 OS/21/99 057096 MINER'S ACE HP,RDWARE SLEDGE HANDLES/PAINTBRUSHES 640.4712.5273 4.79 90477 OS/21/99 057096 MINER'S ACE HP.RDWARE NOZZLE 010.4211.5605 1.81 90477 OS/21/99 057096 MINER'S ACE HP.RDWARE BULB/HAND TOOL 010.4420.5605 19.17 90477 OS/21/99 057096 MINER'S ACE HARDWARE NUTS/BOLTS/PAINT SUPPLIES 640.4712.5604 39.32 90477 OS/21/99 057096 MINER'S ACE HP.RDWARE RUSTSTOP PAINT 010.4420.5605 7.92 90477 OS/21/99 057096 MINER'S ACE HP.RDWARE GOPHOR TRAPS/DRILL BIT 010.4420.5605 31.07 90477 OS/21/99 057096 MINER'S ACE HARDWARE PUSH BROOM/GOPHOR TRAPS 010.4420.5605 39.64 90477 OS/21/99 057096 MINER'S ACE HP,RDWARE PAINTING SUPPLIES 640.4712.5604 12.19 90477 OS/21/99 057096 MINER'S ACE HP.RDWARE PLUMBING SUPPLIES/FIX 010.4420.5605 20.58 90477 OS/21/99 057096 MINER'S ACE HARDWARE PLANTS 640.4712.5255 5.98 90477 OS/21/99 057096 MINER'S ACE HARDWARE SAFETY HOOKS/DUCK TAPE/PIN HIN 640.4712.5609 22.80 221.18 90478 05/21/99 101128 MISSION MEDICAL ASSOCIA PHYSICAL-HEFFERNON 010.4130.5201 46.00 46.00 90479 OS/21/99 100381 JOSEPH MORALES REF.SECUFt2TY DEPOSIT-MORALES 010.0000.4354 25.00 25.00 90480 OS/21/99 101126 MORRO GROUP,INC. OAK TREE ANALYSIS-RES#1 350.5903.7501 260.00 260.00 90481 OS/21/99 101125 NATIONAL BUSINESS FURNI CHAIR 010.4201.5201 592.73 592.73 90482 OS/21/99 101133 CANDI NELSON REF.PARK DEPOSIT-NELSON 010.0000.4354 25.00 25.00 90483 OS/21/99 062322 ONE HOUR PIIOTO PLUS PRINTS/DEVELOPING 010.4211.5201 3.96 3.96 90484 OS/21/99 062712 ORCHARD SUPPLY HARDWARE SCREWS/WASHERS/FLANGES 640.4712.5604 25.00 25.00 90485 OS/21/99 063960 PACIFIC BELL RADIO 451-0183 010.4145.5403 183.63 90485 OS/21/99 063960 PACIFIC BELL ALARM 841-3953 010.4211.5403 31.46 90485 OS/21/99 063960 PACIFIC BELL ALARM 841-3956 220.4303.5403 29.98 90485 OS/21/99 063960 PACIFIC BELL ALARM 841-3959 640.4710.5403 31.46 90485 OS/21/99 063960 PACIFIC BELL ALARM 841-3960 010.4211.5403 31.46 307.99 90486 OS/21/99 066690 PITNEY BOWES EZ-SEAL 010.4101.5201 47.18 47.18 90487 OS/21/99 066924 PLAQUE SHAQLTE TROPHIES-S/HALL 010.4424.5257 13.94 90487 OS/21/99 066924 PLAQUE SHAQLTE PLAQUE-NANCY DAVIS 010.4001.5504 69.71 83.65 90488 OS/21/99 067548 POOR RICHARD'S PRESS CODE ENFORCEMENT/NOTICES 010.4130.5201 140.51 90488 OS/21/99 067548 POOR RICHP,RD'S PRESS CODE ENFORCEMENT/NOTICES 010.4211.5255 140.50 281.01 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 OS/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK Ni7MBER DATE NUNIDER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90489 OS/21/99 101131 HP.ROLD PRINCE REF.PARK DEPOSIT-PRINCE 010.0000.4354 150.00 150.00 90490 OS/21/99 069496 RXLASER AP CHECK STOCK 010.4120.5201 80.00 80.00 90491 OS/21/99 101136 S.C.A.C.E.O. REG-BLDG.CODES-CROCKETT 010.4130.5501 75.00 75.00 90492 OS/21/99 075130 SAN LUIS OBISPO CNTY.NE LEGAL AD#5145659 010.4002.5301 134.47 134.47 90493 OS/21/99 077142 JOYCE SARUWATARI REIhID.PRE-SCHOOL SUPPLIES 010.4423.5253 40.42 40.42 90494 OS/21/99 078156 SEBASTIAN OIL DISTRIB. DIESEL/GASOLINE 010.4211.5608 317.10 317.10 90495 OS/21/99 074684 SLO CNTY FIRE CfiIEFS AS MEMBERSHIP-CA.FIRE CHIEF-FIBIC 010.4211.5503 50.00 90495 OS/21/99 074684 SLO CNTY FIRE CHIEFS AS MEhffiERSHIP-CA.FIRE CHIEF-FIBIC 010.4211.5503 150.00 200.00 90496 OS/21/99 101138 ANDREW SMALL AFTER SCHOOL PROGRAM 010.1424.5351 250.00 250.00 90497 05/21/99 080886 SOUTHERN AUTO SUPPLY TRAILER PLUG 010.4420.5603 8.98 8.98 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 56.53 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 106.25 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 15.29 90498 OS/21/99 080964 SOLTfHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 66.56 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 110.73 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 44.06 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 70.14 90498 OS/21/99 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 68.55 538.11 90499 OS/21/99 101135 RACHEL SPRING REF.PARK DEPOSIT-SPRING 010.0000.4354 25.00 25.00 90500 OS/21/99 082328 STERLING CONIIMUNICATIONS PAGER HOLDER 010.4305.5255 9.60 90500 OS/21/99 082328 STERLING COMM[JNICATIONS MODIFIED SIREN-PD983 010.4201.5601 120.00 90500 OS/21/99 082328 STERLING COMMC7NICATIONS MAY 99-SERVICE CONTRACT 010.4201.5606 995.00 90500 OS/21/99 082328 STERLING COhII~t[JNICATIONS REPAIR BATTERY DRAIN 010.4201.5601 352.61 90500 OS/21/99 082328 STERLING COMMUNICATIONS INSTL.RADAR UNIT 010.4201.5601 120.00 90500 OS/21/99 082328 STERLING COhIMUNICATI0N5 JLTNE 99-SERVICE CONTRACT 010.4201.5606 995.00 2,592.21 90501 OS/21/99 082640 STRADLING,YOCCA,CARLSON PROF.SVCS-RDH 284.4103.5303 2,719.20 2,719.20 90502 OS/21/99 100253 FRED SWEENEY BBQ SVCS-JOINT CITY COUNCILS 010.4001.5504 150.00 90502 OS/21/99 100253 FRED SWEENEY DINNER SUPPLIES 010.4001.5504 121.94 271.94 90503 OS/21/99 084084 TAYLOR'S TL7NE-UP SHOP REPL.DISTRIB.CAP 010.4420.5601 49.83 49.83 90504 OS/21/99 085878 TRANS-KING TRANSMISSION SERVICE TRANSMISSION 010.4301.5601 108.02 90504 OS/21/99 085878 TRANS-KING TRANSMISSION TRANSMISSION SVCS-P-20 010.4420.5601 157.94 265.96 90505 OS/21/99 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 247.19 90505 OS/21/99 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 116.09 363.28 90506 O5/21/99 101009 UNISOURCE MAZNT SUPPLY P.TOWELS/LINERS 010.4213.5604 206.57 206.57 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 OS/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUhffiER DATE NUhIDER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90507 OS/21/99 088084 UNITED GREEN MARK,INC. HUNTER ROTO SPRINKLERS 010.4430.5605 338.24 338.24 90508 OS/21/99 087672 UNITED RENTALS REPLACEMENT LENSES 010.4420.5255 6.36 90508 OS/21/99 087672 UNITED RENTALS RENTAL-TRENCHER 010.4430.5552 101.78 108.14 90509 05/21/99 088296 UNITED STATES POSTMASTE POSTAGE 010.4145.5201 2,000.00 2,000.00 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. DISASTER SERVICES 010.4301.5303 30.00 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. UG STORAGE TANK REPLACEMENT 350.5401.7301 3,146.34 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. DON ROBERTS FIELD 350.5501.7301 178.88 90511 O5/21/99 090246 JOHN WALLACE & ASSOC. GRAND AVE.CORRIDOR STUDY 350.5603.7301 576.00 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. OPTICOM DEVICES 350.5604.7501 65.00 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. BIKEWAY PROJECT ONE 350.5606.7301 3,290.75 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. CREEKSIDE PATH 350.5607.7301 1,061.26 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. BRIDGE STREET BRIDGE DECK REHA 350.5608.7301 37.50 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. STREET SEAL-COAT PROJECT 350.5612.7301 51.00 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. PAVEMENT MANAGEMENT SYSTEM 350.5613.7701 39.50 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. BRISCO/101 INTERCHANGE ALTS 350.5615.7301 286.54 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. EL CAMPO/101 INTERCHANGE ATLS 350.5616.7301 627.04 90511 OS/21/99 090246 JOIIN WALLACE & ASSOC. CENTRAL COAST TOWN CENTER 350.5617.7301 2,419.78 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. MONTEGO STREET SIDEWALKS 350.5622.7501 630.00 90511 05/21/99 090246 JOHN WALLACE & ASSOC. PARKING LOT BEAIND CITY HALL 350.5623.7501 12.50 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. DRAINAGE MASTER PLAN/FINANCE A 350.5752.7701 1,912.50 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. NEWSOM SPRINGS 350.5754.7701 531.90 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. DISASTER SVCS 1998(DR-1203) 350.5755.7501 1,650.83 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. SEWER AND WATER RATE STUDY 350.5805.7301 122.50 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. GRAND AVE,ELM TO HALCYON 350.5806.7501 11,229.00 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. BEDLOE LANE MAINTENANCE PROJEC 350.5808.7301 102.00 90511 05/21/99 090246 JOHN WALLACE & ASSOC. RESERVOIR #1 DESIGN 350.5903.7501 4,524.50 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. WATER MASTER PLAN 350.5904.7701 305.95 90511 OS/21/99 090246 JOHN WALLACE & ASSOC. GENERAL CONSULTING SERVICES 010.4301.5303 11,540.01 44,371.28 90512 OS/21/99 090480 WAYNE'S TIRE LUBE/OIL/FILTER/BELTS 010.4201.5601 101.64 90512 OS/21/99 090480 WAYNE'S TIRE LUBE/OIL/FILTER/WIPER BLADES 010.4420.5601 46.48 90512 OS/21/99 090480 WAYNE'S TIRE TIRES 220.4303.5603 227.51 90512 OS/21/99 090480 WAYNE'S TIRE LUBE/OIL/FILTER/BLADES 010.4420.5601 346.03 721.66 90513 OS/21/99 101073 KELLY WETMORE REIMB.ROOM/MEALS-WETMORE 010.4002.5501 89.84 89.84 90514 OS/21/99 100431 WILLARD PAPER CO PAPER 010.4102.5255 483.40 90514 OS/21/99 100431 WILLARD PAPER CO PAPER 010.4102.5255 185.19 668.59 90515 OS/21/99 092586 LEE WILSON ELECTRIC COM INSTL.FLAG POLE LIGHT 010.4420.5605 229.21 229.21 90516 OS/21/99 092976 WITMER-TYSON IMPORTS K-9 TRAINING 010.4201.5322 90.00 90516 OS/21/99 092976 WITMER-TYSON IMPORTS K-9 SUPPLIES 010.4201.5322 294.94 384.94 TOTAL CHECKS 94,532.01 VOUCHRE2 CITY OF ARROYO GRANDE PAGE ~ O5/19/99 08:46 VOUCHER/CHECK REGISTER FOR PERIOD 11 FUND TITLE p,pqp~r O10 GENERAL FUND 53,775.33 220 STREETS FUND 2,664.90 284 REDEVELOPMENT AGENCY FUND 3,362.71 350 CAPITAL IMPROVEMENT FUND 33,267.27 612 SEWER FUND 559.92 640 WATER FUND 901.88 TOTAL 94,532.01 ATTACHMENT C CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 4/30/99 TO 5/13/99 5/21 /99 FUND 010 195,062.75 Salaries Full time 121,171.57 FUND 220 8,820.74 Salaries Part-Time 20,805.65 FUND 284 - Salaries Over-Time 11,593.06 FUND 612 3,565:68 Holiday Pay 181.71 FUND 640 10,413.81 Sick Pay 2,856.46 217,862.98 Annual Leave Pay - Vacation Buy Back - Vacation Pay 4,948.13 Comp Pay 4,710.66 Annual Leave Pay 520.89 PERS Retirement 15,111.00 Social Security 11,817.20 PARS Retirement 235.25 State Disability Ins. 58.56 Health Insurance 18,084.11 Dentallnsurance 3,457.59 Vision Insurance 630.11 Life Insurance 495.20 Long Term Disability 686.31 Uniform Allowance - Car Allowance 350.00 Council Expense - Employee Assistance 149.52 Total: 217, 862.98 ATTACHA4ENT D VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 OS/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE N[7MBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 116 05/21/99 005616 CITY OF ARROYO GRANDE G.A.REINID.5-13-99 P/R 011.0000.1015 159,396.03 159,396.03 117 OS/25/99 101150 PASTA TOSS CATERING SVCS 010.4201.5504 494.00 494.00 90534 OS/28/99 000468 A T& T-L/DIST SVC. DATA LINE 473-0379 010.4140.5303 134.38 90534 OS/28/99 000468 A T& T-L/DIST SVC. L/DIST FAX-473-0386 010.4145.5403 28.51 162.89 90535 OS/28/99 100479 A.G.CHAMBER OF COhII~7ERCE SPONSORSHIP BUSINESS FAIR 284.4103.5201 150.00 150.00 90536 OS/28/99 100994 AFSS AFSS REGIS-HAGLUND 010.4211.5501 20.00 20.00 90537 O5/28/99 002340 JOHN ALLEN REGIS-COMMUNITY POLICE-ALLEN J 010.4201.5501 60.00 60.00 90538 OS/28/99 100897 AMERICAN TEMPS HAWORTH SVCS-5/9 284.4103.5303 645.66 645.66 90539 OS/28/99 101149 ATASCADERO HISTORICAL S REF.CB.DEPOSIT-ATASCADERO 010.0000.2206 300.00 90539 OS/28/99 101149 ATASCADERO HISTORICAL S LATE CANCELLATION-ATASCADERO 010.0000.4353 32.00- 268.00 90540 OS/28/99 009008 BANKCARD CENTER ORAL BOARD SUPPLIES 010.4211.5501 51.78 90540 05/28/99 009008 BANKCARD CENTER MEETING SUPPLIES 010.4211.5501 12.17 90540 OS/28/99 009006 BANKCARD CENTER OFFICE MEETING SUPPLIES 010.4211.5501 100.07 90540 OS/28/99 009008 BANKCARD CENTER RDA CONFERENCE 284.4103.5501 203.66 90540 OS/28/99 009008 BANKCARD CENTER PRINTER-PORT FAST HUB 284.4103.6001 107.51 90540 OS/28/99 009008 BANKCARD CENTER REPL.PART E-Z UP TENT 010.4424.5252 21.36 90540 OS/28/99 009008 BANKCARD CENTER GASOLINE-OXNARD CONF 010.4421.5501 21.77 90540 OS/28/99 009008 BANKCARD CENTER RDA CONFERENCE 284.4103.5501 340.80 90540 05/28/99 009008 BANKCARD CENTER CR:RDA CONFERENCE 284.4103.5501 102.00- 90540 OS/28/99 009008 BANKCARD CENTER MEDIATION HEARING-4/28/99 010.4003.5327 904.71 90540 OS/28/99 009008 BANKCARD CENTER AWWA CONF-LODGING 640.4712.5501 180.07 90540 OS/28/99 009008 BANKCARD CENTER AWWA TRANSPORTATION 640.4712.5501 65.35 90540 OS/28/99 009008 BANKCARD CENTER MEETING SUPPLIES 010.4301.5201 39.04 1,946.29 90541 OS/28/99 009438 BARKLOW'S FIRE TRUCK PA FOOTSWITCH 010.4211.5601 20.24 90541 OS/28/99 009438 BARKLOW'S FIRE TRUCK PA CYLINDER/FOOT SWITCH 010.4211.5601 144.88 165.12 90542 OS/28/99 009750 BRENDA BARROW REIMB.SNACK SUPPLIES-BARROW 010.4425.5259 11.78 11.78 90543 OS/28/99 101151 GERRY BECKER REF.PLAN CHECK DEP-529 CUERVO 010.0000.4505 400.00 400.00 90544 O5/28/99 012168 BOXX EXPRESS UPS SHIPPING 010.4211.5201 5.43 90544 OS/28/99 012168 BOXX EXPRESS UPS SHIPPING 010.4211.5201 6.72 90544 OS/28/99 012168 BOXX EXPRESS UPS SHIPPING-APRIL 010.4201.5201 80.00 92.15 90545 OS/28/99 013026 BRISCO MILL & LUMBER JIG SAW BLP.DES 220.4303.5613 5.85 5.85 90546 OS/28/99 013052 GARETT BROWN YOUTH TENNIS-BROWN 010.4424.5351 170.10 90546 OS/28/99 013052 GARETT BROWN ADULT TENNIS-BROWN 010.4424.5351 35.00 90546 OS/28/99 013052 GARETT BROWN ADUI,T TENNIS-BROWN 010.4424.5351 63.00 268.10 90547 O5/28/99 101007 PHIL BULLARD AFTER SCHOOL PROGRAM-BULLARD 010.4424.5351 39.00 39.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 OS/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CAECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK N[IMBER DATE NUhffiER NAME DESCRIPTION NONffiER AMOUNT AMOUNT 90548 OS/28/99 013884 KEVIN BURT S/BALL UMPIRE-BURT 010.4424.5352 28.00 28.00 90549 OS/28/99 013834 BURTON'S FIRE APPARATUS VALVE AIR SHIFT 010.4211.5601 185.52 185.52 90550 OS/28/99 021940 C.COAST TAXI CAB SERVIC TAXI SVCS-MAY 15 225.4553.5507 1,297.00 1,297.00 90551 OS/28/99 101148 CA.C.C.GERANIDM CLUB REF.CB.DEPOSIT-C.C.GERANIUM 010.0000.2206 250.00 90551 OS/28/99 101148 CA.C.C.GERANIUM CLUB BLDG.SUPER-C.C.GERANIUM 010.0000.4355 56.25- 193.75 90552 OS/28/99 018096 CA.ST.DEPT. GENERAL SER L/DIST-5100 010.4145.5403 101.45 101.45 90553 OS/28/99 016302 CALIFORNIA MENS COLONY CMC CREW-APRIL 220.4303.5303 3,874.26 3,874.26 90554 OS/28/99 101142 CENTER FOR CREATIVE THO REF.PARK DEP-CENTER 010.0000.4354 75.00 75.00 90555 OS/28/99 021918 CENTRAL COAST SUPPLY TRASH BAGS 220.4303.5613 73.20 90555 OS/28/99 021918 CENTRAL COAST SUPPLY STAINLESS STEEL MIRRORS 010.4420.5605 257.40 330.60 90556 OS/28/99 101143 CHILDREN'S DIABETES NET REF.PARK DEPOSIT-CHILDREN'S 010.0000.4354 25.00 25.00 90557 OS/28/99 023946 CLINICAL LAB.OF SAN BER WATER SAMPLES 640.4710.5310 360.00 360.00 90558 OS/28/99 024814 CONIMISSIONERS' TRUST POST COMMISSION TRUST 010.4201.5503 40.00 40.00 90559 OS/28/99 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 140.00 140.00 90560 OS/28/99 100355 DAVID CROCKETT CROCKET SVCS-5/21 010.4130.5303 1,600.00 1,600.00 90561 OS/28/99 027144 L.N CCTRTIS & SONS YELLOW COATS 010.4211.5272 1,077.87 1,077.87 90562 OS/28/99 028372 DAVIS & STANTON COMMENDATION BARS & STARS 010.4201.5255 137.00 137.00 90563 OS/28/99 100896 LISA DEL VAGLIO REIhID.SNACK SUPPLIES 010.4425.5259 15.94 15.94 90564 OS/28/99 029250 J.B. DEWAR,INC. VALVOLINE OIL 220_4303.5608 20.27 90564 OS/28/99 029250 J.B. DEWAR,INC. VALVOLINE OIL 010.4420.5608 20.27 40.54 90565 OS/28/99 100956 DOKKEN ENGINEERING DOKKEN ENGINEERING SVCS-4/30 350.5615.7701 7,064.14 90565 OS/28/99 100956 DOKKEN ENGINEERING DOKKEN ENGINEERING SVCS-4/30 350.5616.7701 4,007.50 11,071.64 90566 OS/28/99 032214 ENTENMANN-ROVIN CO BADGES 010.4211.5272 129.91 129.91 90567 OS/28/99 101140 KEITH ESKEW REF.PARK DEPOSIT-ESKEW 010.0000.4354 25.00 25.00 90568 OS/28/99 032838 FAMILIAN PIPE & SUPPLY HYDRANT/BOLTS/NUTS/GASKET 640.4712.5610 698.20 90568 OS/28/99 032838 FAMILIAN PIPE & SUPPLY PVC PIPES/ELBOWS/COUPLER 640.4712.5610 258.06 956.26 90569 OS/28/99 100217 FIRST AMERICAN TITLE CO TITLE RPT-CORNER/FAIR OAKS 350.5755.7501 360.00 360.00 90570 OS/28/99 035802 FRANK'S LOCK & KEY INC DUP.KEYS 010.4201.5601 9.65 9.65 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 OS/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION N[JMBER AMOUNT AMOUNT 90571 OS/28/99 038376 GRAND AUTO PARTS 72 MONTH BATTERY 010.4201.5601 75.02 75.02 90572 OS/28/99 038454 GRAND OFFICE SUPPLY BOOK SHELF 010.4301.5255 225.47 90572 05/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301.5201 6.82 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301.5201 14.99- 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4301.5201 20.91 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 85.78 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 8.42 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4101.5201 24.67 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4421.5201 9.91 90572 OS/28/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4211.5201 13.41 380.40 90573 OS/28/99 038532 GRAND PERFORMANCE MUSIC AUDIO SYS-5/13 MEETING 010.4001.5201 150.00 150.00 90574 OS/28/99 039096 GREAT WEST EQUIPMENT,IN RPL.VIBRA PLATE 220.4303.5603 522.11 522.11 90575 OS/28/99 036426 GTE WIRELESS CELL PHONE-CM 010.4145.5403 20.45 90575 OS/28/99 036426 GTE WIRELESS CELL PHONE-ENG 1 010.4211.5403 17.53 90575 OS/28/99 036426 GTE WIRELESS CELL PHONE-PW DIR 010.4301.5403 45.76 90575 OS/28/99 036426 GTE WIRELESS CELL PHONE-WATER SUPER 640.4710.5403 102.22 185.96 90576 OS/28/99 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 322.95 322.95 90577 OS/28/99 041830 DEBRA HENTGES HAND TINTING CLASS-HENTGES 010.4424.5351 105.00 105.00 90578 OS/28/99 043292 CHERI ANN HULGAN DARE M[ISIC PRESENTATION 010.4201.5504 94.40 94.40 90579 OS/28/99 044496 INFORMATION SERVICES DP ON LINE TRANS-APRIL 99 010.4201.5606 67.45 90579 OS/28/99 044496 INFORMATION SERVICES ANN[JAL BILL-WAN ROUTER 010.4201.5606 297.50 364.95 90580 OS/28/99 045162 INTL CONF OF BUILDING 0 BLDG.CODE BOOKS 010.4212.5501 61.13 61.13 90581 OS/28/99 045708 INTOXIMETERS, INC. UPGRADE ALCOHOL SENSORS 010.4201.6201 1,365.73 90581 OS/28/99 045708 INTOXIMETERS, INC. DRY GAS & REGULATORS 010.4201.6201 270.44 1,636.17 90582 OS/28/99 046098 J C LANDSCAPING PLANTS/SOIL MIX/DRIP SYSTEM 010.4211.5605 820.00 820.00 90583 OS/28/99 046176 J J'S FOOD COMPANY CMC SUPPLIES 220.4303.5613 55.41 90583 OS/28/99 046176 J J'S FOOD COMPANY SUPPLIES-LIEBERT CASSIDY 010.4101.5501 29.17 90583 OS/28/99 046176 J J'S FOOD COMPANY DINNER SUPPLIES 010.4001.5504 46.61 131.19 90584 OS/28/99 046956 JOBS AVAILABLE INC. DISPLAY AD-COhIIN.DEV.DIR. 010.4130.5201 445.50 90584 OS/28/99 046956 JOBS AVAILABLE INC. DISPLAY AD-PW DEPUTY DIR 010.4301.5201 655.88 1,101.38 90585 OS/28/99 047112 CURTIS JOHNSON REIhffi.GRADE 2 WTR.LIC-JOHNSON 010.4420.5501 36.00 36.00 90586 OS/26/99 047814 KAUTZ TOWING TOWING-P13 010.4420.5601 40.00 40.00 90587 OS/28/99 048516 KEYLOCK SECURITY SPECIA LOCK REPAIR 010.4213.5604 149.64 90587 OS/28/99 048516 KEYLOCK SECURITY SPECIA KEYLOCKS-KNOX BOX KEYS 010.4211.5324 201.40 351.04 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 O5/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE N[JMBER NAME DESCRIPTION NiJMBER AMOUNT AMOUNT 90588 OS/28/99 100783 KIRBY'S MOTORCYCLES FULL SERVICE-P963 010.4201.5601 131.34 131.34 90589 OS/28/99 051168 LEAGUE OF CALIFORNIA CI CLASS AD-COhA7.DEV DIR 010.4130.5201 486.00 90589 OS/28/99 051168 LEAGUE OF CALIFORNIA CI CLASS AD-PW DEPUTY DIR 010.4301.5201 522.00 1,008.00 90590 OS/28/99 101075 LEMUS ARCHITECTURE DESIGN REVIEW 2.5 HOURS 010.0000.2339 162.50 90590 OS/28/99 101075 LEMUS ARCHITECTURE DESIGN REVIEW 2 HOURS 010.0000.2343 130.00 90590 OS/28/99 101075 LEMUS ARCHITECTURE DESIGN REVIEW 2.5 HOURS 010.0000.2340 162.50 90590 OS/28/99 101075 LEMUS ARCHITECTURE DESIGN REVIEW 2.5 HOURS 010.0000.2341 162.50 90590 OS/28/99 101075 LEMUS ARCHITECTURE DESIGN REVIEW 2 HOURS 010.0000.2342 130.00 90590 OS/28/99 101075 LEMUS ARCHITECTURE DESIGN REVIEW 2 HOURS 010.0000.2327 130.00 877.50 90591 OS/28/99 100985 DOUG LINTNER S/BALL UMP-LINTNER 010.4424.5352 105.00 105.00 90592 05/28/99 101147 MELISSA LOMELY REF.PARK DEPOSIT-LOMELY 010.0000.4354 25.00 25.00 90593 OS/28/99 053092 LUCENT TECHNOLOGIES PHONE MAINT TO 5/10 010.4211.5403 25.60 25.60 90594 OS/28/99 054522 CYNDI MALMEN CHILDREN'S DANCE CLASSES 010.4424.5351 176.00 176.00 90595 OS/28/99 056394 MIDAS MUFFLER & BRAKE WHEEL CYLINDERS/DRUMS-PW21 220.4303.5601 427.60 90595 OS/28/99 056394 MIDAS MUFFLER & BRAKE BRAKE PADS/DISC KIT/ROTORS 010.4201.5601 441.88 90595 OS/28/99 056394 MIDAS MtJFFLER & BRAKE E-BRAKE/SHOES/CP.BLE-PD952 010.4201.5601 303.64 1,173.12 90596 OS/28/99 101064 MIKE'S MAINTENANCE SCRUB/RESEAL-AGPD FLOORS 010.4213.5303 337.50 337.50 90597 OS/28/99 057096 MINER'S ACE HARDWARE PLUG 220.4303.5613 2.12 90597 OS/28/99 057096 MINER'S ACE HP,RDWARE ELECTRICAL SUPPLIES 010.4213.5604 27.65 90597 OS/28/99 057096 MINER'S ACE HP.RDWARE CIRC.SAW/BLADES 010.4211.5603 159.03 90597 OS/28/99 057096 MINER'S ACE HARDWARE FLAG TAPE/MISC.HARDWARE 220.4303.5613 29.88 90597 OS/28/99 057096 MINER'S ACE HARDWARE PAINTING SUPPLIES/REDI MIX 010.4213.5604 55.49 90597 OS/28/99 057096 MINER'S ACE HARDWARE RESPIRATOR 640.4712.5255 4.92 90597 OS/28/99 057096 MINER'S ACE HARDWARE MASKING TAPE 010.4213.5604 2.86 90597 OS/28/99 057096 MINER'S ACE HP.RDWARE MISC.HARDWARE 010.4420.5605 1.29 90597 OS/28/99 057096 MINER'S ACE HP.RDWARE AIR FRESHNER 010.4213.5604 3.42 90597 OS/28/99 057096 MINER'S ACE HARDWARE PLUhIDING SUPPLIES/DUP.KEYS 010.4420.5605 16.29 . 90597 OS/28/99 057096 MINER'S ACE HP.RDWARE PHOSPATE/SPRAYER 350.5501.7401 6.31 309.26 90598 05/28/99 057272 MIKE MITCHELL S/BALL UMPIRE-MITCHELL 010.4424.5352 60.00 60.00 90599 OS/28/99 101144 WANDA MONSON REF.PARK DEPOSIT-MONSON 010.0000.4354 25.00 25.00 90600 05/28/99 100392 STEVE MOSLEY ADULT S/BALL UMPIRE-MOSLEY 010.4424.5352 75.00 75.00 90601 OS/28/99 058578 MULLAHEY FORD WHEEL CONERS-PD982 010.4201.5601 66.14 90601 OS/28/99 058578 MCTLLAHEY FORD REPR.FENDER-COLLISION 010.4201.5601 2,824.13 90601 O5/28/99 058578 MULLAHEY FORD CHECK ENGINE LIGHT-P941 010.4201.5601 444.32 90601 OS/28/99 058578 MULLAHEY FORD LUBE/OIL/FILTER/WZPERS 010.4201.5601 40.11 90601 OS/28/99 058578 MULLAHEY FORD LUBE/OIL/FILTER/ANETENNA 010.4201.5601 51.64 90601 05/26/99 058578 MULLAHEY FORD LUBE/OIL/INSPECT-PD951 010.4201.5601 22.95 90601 OS/28/99 058578 MULLAHEY FORD LUBE/OIL/FILTER-PD962 010.4201.5601 86.80 3,536.09 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 O5/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CAECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NOMBER DATE NLIMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90602 OS/28/99 058890 RICHARD MUNOZ ADUI,T S/BALL UMPIRE-MUNOZ 010.4424.5352 90.00 90.00 90603 OS/28/99 100293 NAT'L BUSINESS FURNITUR 2 CHAIRS 010.4201.5201 633.55 633.55 90604 O5/28/99 101145 LARRY NUNES REF.PARK DEPOSIT-NUNES 010.0000.4354 25.00 25.00 90605 OS/28/99 100984 SCOTT 0'CONNELL S/BALL SCORER-0'CONNELL 010.4424.5352 56.00 56.00 90606 OS/28/99 063960 PACIFIC BELL PHONE 489-2174 010.4201.5403 41.90 90606 OS/28/99 063960 PACIFIC BELL PHONE 489-2345 010.4145.5403 40.72 90606 OS/28/99 063960 PACIFIC BELL SLO COMPUTER 271-6566 010.4145.5403 47.71 90606 OS/28/99 063960 PACIFIC BELL ALARM 271-7480 010.4201.5403 63.86 90606 OS/28/99 063960 PACIFIC BELL SLO COMPUTER 473-9523 010.4145.5403 71.69 90606 05/28/99 063960 PACIFIC BELL PAY PI-IONE 489-9816 010.4145.5403 41.66 90606 OS/28/99 063960 PACIFIC BELL PAY PHONE-489-9867 010.4201.5403 43.21 350.75 90607 OS/28/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 168.79 90607 OS/28/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 143.31 90607 DS/28/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 136.61 448.71 90608 OS/28/99 065050 PEOPLE PROFESSIONALS TE DELLEDONNE SVCS-5/8 220.4303.5303 520.80 90608 OS/28/99 065050 PEOPLE PROFESSIONALS TE STEARS SVCS-5/8 220.4303.5303 520.80 90608 OS/28/99 065050 PEOPLE PROFESSIONALS TE DELLEDONNE SVCS-5/15/99 220.4303.5303 520.80 90608 O5/28/99 065050 PEOPLE PROFESSIONALS TE STEARS SVCS-5/15 220.4303.5303 501.27 2,063.67 90609 OS/28/99 066690 PITNEY BOWES TAPE SHEETS/RIBBONS/DUST COVER 010.4201.5201 185.46 185.46 90610 OS/28/99 067804 POSITIVE PROMOTIONS BE SAFE/BUCKLE UP BOOKS 010.4201.5504 295.80 295.80 90611 05/28/99 068000 PRESSURE VESSEL SERVICE SODIUM HYPOCALORITE 640.4712.5274 340.72 340.72 90612 OS/26/99 068600 PRYOR RESOURCES,INC. GRAhII~tER W/SHOP-TAYLOR/HERRY 010.4201.5501 198.00 198.00 90613 OS/28/99 100222 QUILL CORPORATION OFFICE SUPPLIES 010.4420.5201 36.10 36.10 90614 OS/28/99 069148 R& T EMHROIDERY,INC JACKET-HOPKINS 010.4201.5255 48.59 48.59 90615 OS/28/99 069654 RALCCO CONTAINER COLL-4/99 761.0000.2006 2,157.86 90615 05/28/99 069654 RALCCO GREEN WASTE COLL-4/99 761.0000.2007 3,834.58 90615 OS/28/99 069654 RALCCO R-1 RECYCLING-4/99 010.0000.4030 299.62- 90615 OS/28/99 069654 RALCCO RECYCLING ADMIN-4/99 010.0000.4755 299.62- 5,393.20 90616 OS/28/99 101095 ROBERT ROSARI S/BALL SCORER-ROSARI 010.4424.5352 42.00 42.00 90617 OS/28/99 072638 S& L SAFETY PRODUCTS GLOVES/SAFETY GLASSES/LENSES 220.4303.5255 146.88 146.88 90618 OS/28/99 101136 S.C.A.C.E.O. BALANCE BLDG.CODES-CROCKETT 010.4130.5501 25.00 25.00 90619 O5/28/99 075130 SAN LUIS OBISPO CfITY.NE NOTICE TO CONTRACTORS 010.4002.5301 158.20 158.20 90620 O5/28/99 076830 SANTA MP,RIA TIRE INC. TIRES/BALANCE 010.4211.5601 56.89 56.89 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 OS/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUNIDER NAME DESCRIPTION NOhffiER AMOUNT AMOUNT 90621 OS/28/99 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 126.00 126.00 90622 OS/28/99 077142 JOYCE SARUWATARI REIMB.SUPPLIES-SARUWATARI 010.4424.5251 26.14 26.14 90623 OS/28/99 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.0000.1202 1,168.10 90623 OS/28/99 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.0000.1202 1,419.80 90623 OS/28/99 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.0000.1202 1,251.98 90623 OS/28/99 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.0000.1202 869.71 90623 OS/28/99 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201.5608 1,194.45 5,904.04 90624 OS/28/99 078468 SENSUS TECHNOLOGIES,INC 96 WATERMETERS 640.4712.5207 5,983.61 5,983.61 90625 OS/28/99 078702 DEE DEE SEVERANCE S/BALL SCORER-SEVERANCE 010.4424.5352 14.00 14.00 90626 OS/28/99 100473 SHERIFF'S RELIEF FOUNDA REGIS-J.ALLEN(COMMUNITY POLICE 010.4201.5501 45.00 45.00 90627 OS/28/99 100470 BOB SHIGENAKA REF.SECURITY DEP-SHIGENAKA 010.0000.4354 75.00 75.00 90628 OS/28/99 074178 SLO CNTY CLERK-RECORDER NOTICE OF EXEMPT-SLURRY SEAL 010.4002.5201 25.00 25.00 90629 OS/28/99 073660 SLOCO DATA, INC. POSTAGE-WEED ABATEMENT 010.4211.5599 675.00 675.00 90630 OS/28/99 080808 SOUTH SLO COUNTY SANIT SEWER SVC COLL-4/98 760.0000.2304 52,804.57 90630 OS/28/99 080808 SOUTH SLO COUNTY SANIT SEWER HOOKUPS-4/98 760.0000.2305 16,800.00 90630 OS/28/99 060808 SOUTH SLO COUNTY SANIT 4-1 SAN.DIST-203 N.RENA 010.4145.5401 13.47 90630 OS/28/99 080608 SOUTA SLO COUNTY SANIT 4-1 SAN.DIST-ASH R/RM 010.4145.5401 13.47 69,631.51 90631 OS/28/99 080886 SOUTHERN AUTO SUPPLY BRAKE PART CLEANER 220.4303.5603 38.48 90631 OS/28/99 080886 SOUTHERN AUTO SUPPLY WELD 220.4303.5603 8.56 90631 OS/28/99 080886 SOUTHERN AUTO SUPPLY SILICONE GASKET 220.4303.5603 4.82 51.86 90632 OS/28/99 081200 JEFF SOUZA REIMB.T[JITION-SOUZA 010.4201.5502 109.00 90632 OS/28/99 081200 JEFF SOUZA REIMB.BOOKS-SOUZA 010.4201.5502 93.55 202.55 90633 OS/28/99 081432 BOB SPEAR ADULT S/BALL UMPIRE-SPEAR 010.4424.5352 30.00 30.00 90634 OS/28/99 082328 STERLING COhIMUNICATIONS RADIO INSTL/ANTENNA 640.4712.5603 411.25 90634 OS/28/99 082328 STERLING COMMUNICATIONS RP.DIO INSTL/ANTENNA 612.4610.5603 411.25 90634 OS/28/99 062328 STERLING COhA7UNICATIONS ADJ.ALERTS-RADAR TRAILER 010.4201.5601 377.40 90634 OS/28/99 082328 STERLING CONAR[JNICATIONS REPR.RADIO 612.4610.5603 15.00 90634 OS/28/99 082328 STERLING COMMONICATIONS LIGHT BAR REPAIR 010.4201.5601 257.40 90634 OS/28/99 082328 STERLING CON~iUNICATIONS MOUNT RED LIGHT 010.4201.5601 83.09 1,555.39 90635 OS/28/99 082486 STEWARD CO PRINTING SUPPLIES 010.4102.5255 221.18 221.18 90636 OS/28/99 082640 STRADLING,YOCCA,CARLSON PROF.SVCS-RDH 284.4103.5303 1,509.08 1,509.08 90637 OS/28/99 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4201.5601 160.00 90637 OS/28/99 083226 SUNSET NORTH CAR WASH CAR WASHES 010.4301.5601 45.00 90637 OS/28/99 083226 SUNSET NORTH CAR WASH CAR WASHES 220.4303.5601 30.00 90637 OS/28/99 083226 SUNSET NORTH CAR WASH CAR WASHES 640.4712.5601 60.00 295.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 OS/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUNIDER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 90638 OS/28/99 084804 TEXAS REFINERY CORP. CHASSIS & CROWN GREASE 010.4211.5608 574.02 574.02 90639 OS/28/99 100320 TITAN LOGICAL COMPUTERS KEYBOARDS 010.4201.5201 29.00 29.00 90640 OS/28/99 085664 TOM TOTH ADULT S/BALL UMPIRE-TOTH 010.4424.5352 120.00 120.00 90641 OS/28/99 086346 TROESH READY MIX CONCRETE 350.5611.7002 461.36 461.36 90642 OS/28/99 088062 UNION ASPHALT INC ASPHALT 220.4303.5613 209.98 209.98 90643 O5/28/99 101009 UNISOURCE MAINT SUPPLY CLEANING SUPPLIES 010.4213.5604 108.86 90643 05/28/99 101009 UNISOURCE MAINT SUPPLY P.TOWELS/AIR GEL/T.PAPER 010.4213.5604 169.26 278.12 90644 OS/28/99 088084 UNITED GREEN MARK,INC. SSC SPRINKLER PARTS 010.4430.5605 62.06 90644 OS/28/99 088084 UNITED GREEN MARK,INC. GLOBE ANGLE VALVE 010.4420.5605 42.95 90644 OS/28/99 088084 UNITED GREEN MARK,INC. SPRINKLER 010.4420.5605 4.85 90644 OS/28/99 089084 UNITED GREEN MARK,INC. VALVE/FITTINGS 010.4430.5605 49.84 159.70 90645 O5/28/99 087672 UNITED RENTALS PROPANE 220.4303.5613 7.00 90645 OS/28/99 067672 UNITED RENTALS SAFETY GLASSES/LENSES 612.4610.5255 44.10 90645 OS/28/99 087672 UNITED RENTALS RENTAL-ELECT.CHIPP/ROTO CHISEL 010.4213.5604 38.62 89.72 90646 05/28/99 101141 MP,RILYN VALENTINE REF.PARK DEPOSIT-VALENTINE 010.0000.4354 25.00 25.00 90647 05/28/99 088826 PEGGY VALKO ART CLASSES 010.4424.5351 490.40 490.40 90648 05/28/99 089270 JOSHUA VASQUEZ S/BALL UMPIRE-VASQUEZ 010.4424.5352 90.00 90.00 90649 OS/28/99 100960 VECTOR PDTS,INC GLOVES 010.4201.5272 17.05 17.05 90650 OS/28/99 101139 WESTERN PRE-HUNG,ZNC PARTS-REPR.KITCHEN DOORS 010.4213.5604 296.01 296.01 90651 OS/28/99 100431 WILLARD PAPER CO PAPER 010.4102.5255 291.72 291.72 90652 OS/28/99 092586 LEE WILSON ELECTRIC COM REPR.SERVICE PEDWSTAL-ELM/GRND 010.4304.5303 60.50 90652 OS/28/99 092586 LEE WILSON ELECTRIC COM H[TBBEL LIGI-IT FIXTURES 640.4712.5604 47.62 90652 OS/28/99 092586 LEE WILSON ELECTRIC COM SIGNAL MAINT-MP.RCH 010.4304.5303 834.75 90652 05/28/99 092586 LEE WILSON ELECTRIC COM SIGNAL MAINT-APRIL 010.4304.5303 834.75 1,777.62 90653 OS/28/99 101146 TERESA YANEZ REF.PARK DEPOSIT-YANEZ 010.0000.4354 25.00 25.00 TOTAL CHECKS 302,340.95 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 8 OS/26/99 10:02 VOUCHER/CHECK REGISTER FOR PERIOD 11 FUND TITLE pIyp~ O10 GENERAL FUND 34,331.48 Oll PAYROLL CLEARING FUND 159,396.03 220 STREETS FUND 7,843.04 225 TRANSPORTATION FUND 1,297.00 284 REDEVELOPMENT AGENCY FUND 2,854.71 350 CAPITAL IMPROVEMENT FUND 11,899.31 612 SEWER FUND 470.35 640 WATER FUND 8,652.02 760 SANITATION DISTRIBUTION FUND 69,604.57 761 RUBBISH COLLECTION FUND 5,992.44 TOTAL 302,340.95 ATTACHMENT E VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 06/O1/99 09:54 VOUCHER/CHECK REGISTER FOR PERIOD 11 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK N[IMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 118 OS/26/99 074178 SLO CNTY CLERK-RECORDER NOTICE OF EXEMPT-OPTICAL 010.4002.5201 25.00 25.00 119 OS/28/99 101154 REGIONAL WATER QUALITY APP.FEE-FORM #200 350.5606.7301 250.00 250.00 120 OS/28/99 017550 CA.ST.DEPT.FISH & GAME WATER STREAM ALTER FEE 350.5606.7301 132.00 132.00 TOTAL CHECKS 407.00 9.1~. o~ PRROroc ~ ~ INCORYORA7ED ~Z ~ T MEMORANDUM * JULY 10, ~e>> c~~~FOR~~P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: JUNE 8, 1999 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of May 31, 1999, as required by Government Code Section 53646 (b). CITY OF ARROYO GRANDE MONTHLY Il~TVESTMENT REPORT ~fd o~ 7~y 31, 1 g~1~! June 8,1999 This report presents the City's investments as of May 31, 1999. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of May 31, 1999, the investment portfolio was in compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of May 31, 1999 compared with the prior month and the prior year. LAIF INVESTluIENT CURRENT PRIC~R 1VIONTH PRIOR YEAR Date: May 1999 Apr. 1999 May 1998 Amount: $9,460,000 9,610,000 7,380,000 Interest Rate: 5.12% 5.14% 5.67% 9.c. CITY COUNCIL MINUTES TUESDAY, MARCH 9, 1999 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The Honorable City Council of the City of Arroyo Grande met in regular session at 7:35 p.m. 2. ROLL CALL Council: X Lady X Ferrara Absent Runels X Dickens X Tolley STAFF PRESENT X City Manager X City Attorney City Clerk/Director of Administrative Services Chief of Police Director of Building and Fire X Director of Community Development X Director of Public Works Director of Parks and Recreation Director of Financial Services 3. FLAG SALUTE Kathy Cohon, representing the American Association of University Women, led the Pledge of Allegiance. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS Proclamation - "Absolutely Incredible Kid Day" 6. AGENDA REVIEW None. 6A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY On motion by Council Member Tolley, seconded by Mayor Pro Tem Ferrara, and carried unanimously, all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7.PUBLIC HEARING None. CITY COUNCIL MINUTES MARCH 9, 1999 8. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS John Clark, 224 McKinley, spoke to the Council concerning an editorial on the Village of Arroyo Grande that had appeared recently in the Telegram Tribune. The article outlined what the Village Association was trying to do to save the rural character of the Village. He hoped that the Council would read the article and would agree with the efforts of the Village Association. 9. CONSENT AGENDA Council Member Tolley moved and Mayor Pro Tem Ferrara seconded the motion to approve Consent Agenda Items 9.a. through 9.j. with the recommended courses of action. 9.a. Statement of Investments Deposits. App~oved 9.b. Cash Disbursement Ratification. Approved 9.c. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. Approved 9.d. Cost Allocation Plan Update. App~oved 9.e. Minutes of Special Meeting of February 9 and City Council Meeting of February 23, 1999. Approved 9.f. Temporary Use Permits for Easter in the Village/Strawberry Festival/Fourth of July. Reso/utions Adopted. 9.g. Approval of Parcel Map AG 95-060. Appioved 9.h. Authorization to Solicit Bids - Bikeway Project One - Paulding Middle School, Project No. 90-98-1. App~oved 9.i. Grand Avenue, Elm Street to Halcyon Road - Program Supplement Agreement for No. M003. Approved 9.j. Appointment to Planning Commission. Appioved Voice Vote X Roll Call Vote A~e Lady A~~ Ferrara Absent Runels Ave Tolley A~~ Dickens There being 4 AYES and 0 NOES, the motion is hereby declared to be passed. 2 CITY COUNCIL MINUTES MARCH 9, 1999 10.a. AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSALS FOR CURBSIDE RECYCLING SERVICE Jim Hamilton, Community Development Director, stated that the current contract for curbside recycling with RALCCO was due to expire on March 31, 1999. He recommended that Council authorize RFPs be solicited for curbside recycling services. RALCCO would be eligible to compete for the contract. He explained, due to ongoing contract compliance problems, it is in the best interest of the City to explore all options for curbside recycling. Greg Shipley, representing RALCCO, spoke to the Council. He reminded the Council that weeks ago they had reviewed the Green Waste collection service. There had been some correspondence between the City and RALCCO concerning the following three (3) complaints: 1. Compliance 2. Twenty bundles that had not been picked up. 3. JJ's Market needed to work out a solution with RALCCO that included an exemption for its trash pick up. Each of these problems had been work on and resolved. Mr. Shipley went on to say that when servicing 4,200 homes and businesses there are bound to be some problems. He would disagree that RALCCO is giving poor service to Arroyo Grande. He stated that RALCCO would be willing to get together with staff to solve any problems. RALCCO wanted to do a good job and needed information concerning problems to facilitate that. Mayor Pro Tem Ferrara asked Mr. Hamilton if RALCCO was willing to continue on a month to month basis. Mr. Hamilton directed the question to Mr. Shipley. Mr. Shipley answered that RALCCO was willing to work on a month to month basis. RALCCO was interested in working hard to continue the service and they will do what is necessary to achieve that goal. City Manager Hunt informed the Council that he had spoken to the City Manager of Pismo Beach. If the Council proceeds with the Request For Proposal he has asked Mr. Hunt to contact him. He will then go to the Pismo Beach City Council and ask if they would be interested in a joint venture with the City of Arroyo Grande. Council Member Tolley stated that he wanted to proceed with the Request For Proposal. 3 CITY COUNCIL MINUTES MARCH 9, 1999 Mayor Lady was in agreement with Council Member Tolley and stated that RALCCO was entitled to present a proposal. Council Member Tolley moved and Council Member Dickens seconded a motion to prepare a Request for Proposal for Curbside Recycling Service and continue the current contract with RALCCO on a month to month basis. Voice Vote X Roll Call Vote Aye Lady Aye Ferrara Absent Runels Aye Tolley Aye Dickens There being 4 AYES and 0 NOES, the motion is hereby declared to be passed. 10.b. FINAL MAP APPROVAL PROCESS - FIRST READING OF ORDINANCE Don Spagnolo, Public Works Director, stated that upon direction from the Council staff prepared an ordinance designating the City Engineer as the official with the authority to approve final subdivision maps, accept offers of dedication, and enter into agreements to construct subdivision improvements. Mayor Pro Tem Ferrara asked if this would be saving time in the administrative process to proceed in this way and if, as this becomes routine, will the process be easier? Mr. Spagnolo replied that the Final Map approval process will become routine after the process is established and it should save time. He explained that the process the City uses now is: 1. Approval by the City Council of a tentative or vesting tentative map. During the tentative map process conceptual review is performed and conditions of approval are set. 2. Approval of the Final Map. At this point if there are any substantial changes to the Final Map they are brought back to the Planning Commission for consideration. 4 CITY COUNCIL MINUTES MARCH 9, 1999 Mayor Pro Tem Ferrara asked who makes the judgement whether the changes are substantial or not. Mr. Spagnolo replied that the City Engineer and Public Works Director make the decision together. Council Member Tolley asked how often the Final Map is different from the Tentative Tract Map. Mr. Spagnolo answered that it is the same 97% of the time. He explained that developers do not want to have changes and have to go through another approval process. Mayor Lady thanked Mayor Pro Tem Ferrara for raising the preceding issues with regards to the Final Map process. Mayor Lady read the Ordinance for the Final Map Approval Process and moved to recommend approval. Council Member Tolley seconded the motion. Voice Vote X Roll Call Vote A~e Lady Aye Ferrara A nt Runels Aye Tolley Ave Dickens There being 4 AYES and 0 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS None. 12. COUNCIL COMMUNICATIONS The Council discussed the date for the Joint City Council Meeting. Mayor Pro Tem Ferrara stated that he had a conflict on March 22nd and requested the Council consider another date. 5 CITY COUNCIL MINUTES MARCH 9, 1999 Mayor Lady discussed the following issues that had been brought to this attention: 1. The owner of the Fair Oaks Theater was concerned about the future closing of Grand Avenue for repairs during the summer. Mayor Lady will discuss this with staff and see if any compromise can be made. 2. He has received calls recently about vandalism in the cemetery. This has never happened before. He will ask Chief TerBorch for help in this matter. 3. Jim McGillis has asked the Council to consider hearing a General Plan Amendment for two (2) properties on Farroll Road instead of having this matter decided as part of the General Plan Update. Mayor Lady asked staff to put the General Plan Amendment item on a future City Council Agenda Mayor Pro Tem Ferrara had received a follow up call from Chris Ivy about the documents from Santa Maria regarding the issue of retaining non-taxable sales percentages in "big box" stores. Mr. Ivy had been in contact with Mr. Hamilton and told him that his staff was working on the documents he wanted to present to Arroyo Grande. 13. STAFF COMMUNICATIONS None. 14. ADJOURNMENT Council Member Tolley moved, Council Member Dickens seconded, and the motion passed unanimously to adjourn the meeting. Time: 8:15 p.m. 6 MINUTES - CITY COUNCIL WORKSHOP THURSDAY, MARCH 11; 1999 CITY COUNCIL CHAMBERS 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER/ROLL CALL: The Honorable City Council of the City of Arroyo Grande met in a special workshop session at 6:30 P.M. Present were Council Members Runels, Tolley, Dickens, Mayor Pro Tem Ferrara, and Mayor Lady. 2. STAFF PRESENT X City Manager _City Attorney _City Clerk/Director of Administrative Services Chief of Police _Director of Building and Fire _Director of Community Development X Director of Public Works Director of Parks and Recreation Director of Financial Services _Senior Consultant Engineer Also present to lead the discussion was John L. Wallace, District Administrator, South San Luis Obispo County Sanitation District, and Tony Boyd, Hydraulic Operations Engineer, County of San Luis Obispo. 3. CITIZENS' INPUT, COMMENTS AND SUGGESTIONS - None 4. WORKSHOP ON WATER RECLAMATION PROJECTS/ISSUES Don Spagnolo, Public Works Director, stated that the Council previously considered a program to revise the City's current water neutralization policy. The proposed program established an in-lieu fee to allow ease of administration and less processing time for projects. As part of the program, a list of specific supplemental water projects needs to be identified. He noted the purpose of the workshop is to discuss potential projects that might be in the pipeline, or to discuss other projects that are appropriate for applying the fees received from the City's program. Director Spagnolo introduced John Wallace, District Administrator for the Sanitation District. He stated Mr. Wallace would be presenting one of the projects that might be an applicable candidate for those fees. Mr. Wallace gave a history of the South County Sanitation District and an overview of the plant's capacity statistics. He said the reclamation project currently being studied was for CITY COUNCIL - WORKSHOP MARCH 11, 1999 recycling a portion of the District's water that is currently being discharged to the ocean. He noted that various groups have asked the District to study the possibility of water reclamation for uses such as irrigation and ground water recharge. Mr. Wallace advised that the State has mandated the use of reclaimed water in certain circumstances, and has set goals for increasing the volume of reclaimed water by the year 2010. He noted that the legal framework for water treatment in California has mandated the use of reclaimed water when it is available. Mr. Wallace provided an update on the progress of the District's study. He explained the process of water recycling and the necessary treatment for various uses. He explained that the lowest quaiity of reclaimed water could be used for landscaping purposes where there is no public contact, for forage crops, hay crops, and agricultural operations that are non- edible types of crops. He said that water for public contact requires additional disinfection, coagulation sedimentation and filtration. Mr. Wallace presented a basic outline of how the water would be treated at the plant, costs of water treatment and transportation per acre foot. He cited some areas such as parks, and landscaping areas where the reclaimed water could be used. Mayor Lady opened the discussion to members of the audience for comments. Otis Page, 606 Myrtle Street, stated that $936 per acre foot is roughly twice the City's cost over Lopez water, and questioned if the Lopez future cost reflects the ten million dollar retrofit to Lopez. He also referred to the aforementioned figure of $1200, and asked if that was the sale price contemplating a profit on the water if you can get it, and if there was any practice where people take the water and sell it for profit. Tony Boyd, County Engineering Department, advised that the cost funding for the dam retrofit had not been factored into any rates as yet. He noted that at this point the cost estimate for fixing the dam is finrenty million dollars. Mr. Richard Neufeld, 932 Charles, asked about the cost for State water as a comparison. He also noted that the State has mandated the use of reclaimed water for landscaping on the freeways; however, he questioned if they had a set cost as to what they would pay for it. Mr. Wallace advised the cost is a little over $800 per acre foot. He said there are some nuances in the law; one that says the State shall use reclaimed water "if available", which means it has to be there at the freeway for them to take. He stated he doesn't know for sure whether or not Cal Trans could be forced to take $1200 an acre foot water out on the 2 CITY COUNCIL - WORKSHOP MARCH 11, 1999 freeway when they are paying less than that now. It was noted that the City of Arroyo Grande is paying about $340 an acre foot retail for water right now. In response to Mr. John Keen's question as to how much reclaimed water Arroyo Grande would be entitled to, Mr. Wallace advised that Arroyo Grande would be entitled to none of the water; the Sanitation District would own the water, treat it, and distribute it. Mr. Keen ' spoke regarding recharge areas and indicated interest in using recharged water and saving Lopez water. Tony Boyd, Hydraulic Operations Engineer with the County of San Luis Obispo, spoke regarding water reclamation. He noted the County is taking proposals as part of the water rights application to the State Department of Water Resources for the Lopez Dam, and a study will be conducted of the creek from the dam to the ocean from the standpoint of how much water needs to be released in order to keep the creek healthy with all the habitat. Also, in Fiscal Year 1999-00, they will be working on an Urban Water Management Plan that is required by the State of all agencies. The Plan will include all of the five water contractors in the Lopez project, and water reclamation will be looked at as an element of that Plan. Mr. Boyd stated there is no funding for water reclamation projects for Lopez; however, he said upgrades and improvements will be necessary at the plant over the next few years that could be called Water Reclamation projects. In response to Mayor Lady's question regarding a breakdown of costs for retrofitting to equate to dollar per square foot, Mr. Boyd stated he believed that information would be available in a few months. He noted he has not been involved in the financing aspects of the project; however, there has been a committee working on that aspect for several months and they may have something at the May Advisory Committee meeting. With regard to the question of recharge, Gouncil Member Runels asked about putting this water into the creek for recharge. Mr. Wallace advised there is some complication with State law about degradation of groundwater basins and, in his opinion, would not want to get involved in a recharge project that progressively increases the mineral content of the groundwater basin. There was discussion about the CalFed project having any indirect affect on the coastal water reclamation projects. Christine Ferrara expressed concern about comments that the City is re-filing for water rights out of Lopez reservoir. In addition, she expressed concern regarding the pending litigation on the groundwater basin in the Santa Maria area. She stated these are alarming 3 CITY COUNCIL - WORKSHOP MARCH 11, 1999 water rights issues. Another concern she has is the statement made that the wastewater that will be reclaimed may be water rights held by the South County Sanitation District. She said the City needs to determine what the overall goal is in making the best beneficial use of that reclaimed water and go from there. She urged that very careful direction be considered as to where we.are going with reclamation and water rights in general. Hearing no further public comments, Mayor Lady brought the discussion back to the CounciL There was clarification regarding where the fees could be applied in regards to reclamation. Council Member Tolley suggested hanging on to those fees right now because there were a lot of things in the pipeline and he would like to wait and see what happens before making any decisions. He inquired if there was a problem holding on to the fees and waiting to see where some of these issues go. Director Spagnolo stated they could be held to a certain point; however, at some point they are going to have to be applied to an actual project. It was suggested that other workshops on water reclamation be held when new information surfaces, look at the series of workshops as status reports, and eventually have the information needed to make a decision. Mayor Lady thanked the panel for their presentation, stating that the information provided would be very helpful in making future decisions. The Council agreed it is important to stay on top of this issue. 5. ADJOURNMENT On motion by Council Member Dickens, seconded by Mayor Pro Tem Ferrara, and unanimously carried, the meeting was adjourned at 9:30 p.m. MICHAEL A LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK 4 MINUTES CITY COUNCILS OF ARROYO GRANDE, GROVER BEACH, PISMO BEACH SPECIAL JOINT CITY COUNCIL MEETING Thursday, May 13, 1999 - 6:30 p.m. Woman's Club Community Center - 211 Vernon Street Arroyo Grande, California 1. CALL TO ORDER Arroyo Grande Mayor Michael A. Lady called the Special Joint Meeting to order at 6:30 p.m. 2. FLAG SALUTE Arroyo Grande Mayor Lady led the Pledge of Allegiance. 3. ROLL CALL Arroyo Grande Grover Beach Pismo Beach X Mayor Lady X Mayor Keith X Mayor Brown X Mayor ProTem Ferrara X Mayor ProTem Ekbom X MayorProTem Mellow ~ Runels X Arnoldsen X Henlin X Tolley X Neufeld X Natoli X Dickens X Santos X Reiss STAFF PRESENT Staff members present from Arroyo Grande were City Manager Robert L. Hunt; Public Works Director pon Spagnolo; Parks and Recreation Director Dan Hernandez; and Administrative Services Director/Deputy City Clerk Kelly Wetmore. StafF members present from Grover Beach were City Manager Tom A. Odom; Administrative Services Director Brian Johnson; and Recreation Supervisor Becky Schram. StafF present from Pismo Beach was City Manager Michael Fuson. 4. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS: Van Rodick, Arroyo Grande resident, stated he had seen an article in the newspaper and asked if this meeting was the beginning of a consolidation not only of the recreation departments but also of the entire cities. Kasson Lunt, Pismo Beach Convention & Visitors Bureau member, stated that the plan for recreation consolidation is the start of a collaborative effort. CITY COUNCILS MINUTES MAY 13, 1999 Bill Couch, Pismo Beach Parks, Recreation and Beautification Commissioner, spoke in support of consolidating recreation programs. Gail Lightfoot, Arroyo Grande resident, distributed a letter to the Councils with information from the World Wide Web relating to Proposition 11 - Local Sales and Use Taxes. She stated that San Luis Obispo County favored this Proposition by 52% and she encouraged each of the Councils to bring this issue to its respective communities for consideration. John Wysong, Grover Beach resident, spoke about traffic issues on Oak Park Boulevard. He urged the Councils to conduct a traffic survey on Oak Park Boulevard since all the cities use this road. 5. ACTION ITEMS a. Coordination and/or Consolidation of Parks and Recreation Programs Grover Beach City Manager Odom highlighted the Staff Report. He clari~ied that this item addressed the coordination/consolidation of recreation programs only and did not include coordination/consolidation of parks. He stated that the three cities had discussed this issue at its last Special Joint City Councils meeting in 1997 and had adopted a joint resolution of the cities supporting cooperative efforts in recreation. He said that in the last two years there have been significant results as an effort of that cooperation. He said staff recommended the Councils discuss and provide direction to staff. Council Members asked questions of staff and made comments. There was discussion about recreation department staffing levels within each jurisdiction as well as what the cost of a consolidation study would be. The Councils discussed previous efForts of consolidation in the area of public service and public safety. Arroyo Grande Mayor Lady opened the discussion for public comments. Tom Murray, Arroyo Grande, stated the Councils should address the disparity in capital spending for recreation. He commented that there were tremendous opportunities for the cities to work together along the lines of what has already been accomplished, such as the Skate. Park and the baseball fields. He said the Youth Master Plan outlines the needs in the community and he encouraged the Councils to take the document into consideration. John Wysong, Grover Beach, gave a history of the Soto Sports Complex and stated the Complex had outgrown itself. Bill Couch, Pismo Beach Parks, Recreation and Beautification Commissioner, stated he would like to see the Parks and Recreation Commissions of all three cities meet to discuss ideas on how to approach coordination and/or consolidation of recreation programs. 2 CITY COUNCILS MINUTES MAY 13, 1999 Melissa Nichols, Arroyo Grande High School student, stated she was involved in a campus club called Student Voices. She stated that the club had circulated a petition to students at Arroyo Grande High School which supports the development of a South County Community Center that would provide a multi- use facility to serve the needs of all ages. She presented the petition with over 600 signatures to the Councils and encouraged all three cities to work together on the development of a Community Center. Arroyo Grande Council Member Tolley gave Ms. Nichols a copy of the Youth Master Plan and encouraged her to share it with her group. Arroyo Grande Council Member Dickens explained that a subcommittee had been formed to explore ideas for the development of a Community Recreation Center. He announced that the first meeting would be held on Thursday, May 20, 1999 at 6:30 p.m. in Arroyo Grande. Hearing no further public comments, Arroyo Grande Mayor Lady brought the discussion back to the Councils. Grover Beach Mayor Pro Tem Ekbom submitted a letter relating to South County recreation for the record. After further discussion on the cities' recreation needs and unmet needs, there was consensus that a major study was not needed. Pismo Beach Mayor Brown moved to encourage city stafF and the Parks and Recreation Commissions of the three cities to continue to work together and identify areas of cooperation that might lead to further consolidation of efFort in the areas of parks and recreation and report back to individual City Councils within 90 days. Grover Beach Mayor Peter Keith seconded the motion. On the following roll-call vote: Arroyo Grande Grover Beach Pismo Beach A~.g Mayor Lady ~ Mayor Keith A~g, Mayor Brown Ayg Mayor ProTem Ferrara A~.g Mayor ProTem Ekbom A~tg MayorProTem Mellow A~C~ Runels Ayg Arnoldsen ~ Henlin Ayg Tolley ~ Neufeld A~ Natoli ~yg Dickens Ayg Santos A~ Reiss The motion passed unanimously. The Mayors from Pismo Beach and Grover Beach agreed to send a representative from their city to the City of Arroyo Grande Community Recreation Center Subcommittee meeting on May 20, 1999. 3 CITY COUNCILS MINUTES MAY 13, 1999 b. Joint Meetinas of the Cities' Respective Traffic Commission/Committee Arroyo Grande City Manager Hunt highlighted the Staff Report. He stated that direction was being requested regarding joint meetings of the cities' Traffic Committees. He said staff was seeking direction in three specific areas: 1) the purpose of the proposed joint meetings; 2) what type of projects would be subject to the joint meetings; and 3) any concerns the cities have regarding the interfacing of citizens-appointed committees and staff level committees. Council Members asked questions of staff and discussed the alternatives relating to the frequency of conducting joint Traffic Committee meetings. City Manager Hunt commented that the types of projects being reviewed may dictate the frequency of ineetings, and the Councils should decide what the level of involvement was going to be. There was further discussion about reviewing projects that are close to city boundaries that have traffic circulation impacts in all three cities. Arroyo Grande Mayor Lady opened the discussion for public comments. Colleen Martin, Arroyo Grande Parks and Recreation Commissioner, stated that she was concerned that there were no citizens on the Traffic Committees in Grover Beach or Pismo Beach to review citizen traffic complaints. She urged the elected ofFicials of Grover Beach and Pismo Beach to look at creating citizen appointed Traffic Commissions in their cities. Hearing no further comments, Arroyo Grande Mayor Lady brought the discussion back to the Councils. There was discussion about the County's involvement in traffic circulation issues within the South County. Mayor Brown moved that the TrafFc Committees of the three cities meet on an as- needed basis and continue to forward development projects and traffic concerns to the respective Councils for review and comment. Mayor Pro Tem Ferrara seconded the motion. On the following roll-call vote: Arrc~yo Grande Grover Beach Pismo Beach A~g Mayor Lady A~..g Mayor Keith A~ Mayor Brown A~e Mayor ProTem Ferrara gyg Mayor ProTem Ekbom ~g MayorProTem Mellow A~g Runels Ayg Arnoldsen AXg Henlin Ave Tolley Ave Neufeld Ay~ Natoli Ave Dickens Ayg Santos Ayg Reiss The motion passed unanimously. 4 CITY COUNCILS MINUTES MAY 13, 1999 c. Discussion Regarding Interaovernmental Relations Arroyo Grande City Manager Hunt highlighted the Staff Report. He said that the South County has done a good job promoting intergovernmental relations on the local level; however, the future of the cities' will be dictated by decisions made in Sacramento. He stated the advantages of having an advocate for the local cities in Sacramento would be to cover legislative issues, and provide assistance with various State departments. He said there could be cost advantages of hiring one legislative advocate that could be shared between the three cities to represent issues on a more direct and personal level to expand the level of advocacy. Council Members asked questions of staff about precedents in other communities, levels of success in employing a legislative advocate, and how many California cities employ a legislative advocate. There was discussion about legislative information that is sent from the League of California Cities and how the cities do not have the resources or appropriate time to send city officials or representatives to Sacramento for lobbying efforts. Further discussion included clarifying the benefits of a local lobbyist versus Local State representatives who do not always have time to act as an advocate for City issues. There was discussion about directing staff to look at cities with similar demographics who have a legislative advocate to see what benefits have been realized in those cities. There was further discussion about moving forward on hiring a legislative advocate on a trial basis to see if it works, and reviewing the results on an annual basis. Grover Beach Mayor Keith moved to direct staff to investigate the possibility of securing a legislative advocate in Sacramento to protect the interests of the South County cities. Pismo Beach Council Member Henlin seconded the motion. On the following roll-call vote: Arroyo Grande Grover Beach Pismo Beach Ayg Mayor Lady Ayg Mayor Keith ~g Mayor Brown Ayg Mayor ProTem Ferrara ~ Mayor ProTem Ekbom N~ MayorProTem Mellow A~C~ Runels N~ Arnoldsen Ayg Henlin Ayg Tolley N~ Neufeld I~ Natoli No Dickens Ave Santos Axe Reiss Arroyo Grande - There being 4 AYES and 1 NO, the motion is hereby passed. Grover Beach - There being 2 AYES and 3 NOES, the motion. failed. Pismo Beach - There being 3 AYES and 2 NOES, the motion is hereby passed. Grover Beach Mayor Peter Keith left the meeting at 8:50 p.m. 5 CITY COUNCILS MINUTES MAY 13, 1999 d. Discussion on the Freauency of and Participants in Future Meetings Pismo Beach City Manager Mike Fuson highlighted the Staff Report. He stated that there were alternatives presented to the Councils to determine what kind of a schedule to set for future joint meetings; what should be included on the agenda; and what other agencies should attend with what level of participation. Council Members made comments and discussed the options offered. There was considerable discussion about the involvement of other agencies such as the County Board of Supervisors, Lucia Mar Unified School District Board, and Oceano Community Services District Board at the joint meetings. Council Member Henlin moved to 1) Set a schedule for regular meetings of the three cities twice a year; 2) prepare an Agenda which includes action, information, and education items only; and 3) attendance would include the elected officials of the three cities (Arroyo Grande, Pismo Beach, Grover Beach) and specified agencies on an as-needed, issue-by-issue basis. Mayor Pro Tem Mellow seconded the motion. On the following roll-call vote: Arroyo Grande Grover Beach Pismo Beach Ay~ Mayor Lady Absent Mayor Keith A~g Mayor Brown ~g Mayor ProTem Ferrara A~Cg Mayor ProTem Ekbom A~,g MayorProTem Mellow A~g Runels A~Cg Arnoldsen A~g Henlin N~ Tolley ~ Neufeld A~...~ Natoli A~Cg Dickens ~ Santos Ayg Reiss Arroyo Grande - There being 4 AYES and 1 NO, the motion is hereby passed. Grover Beach - There being 4 AYES and 1 ABSENT, the motion is hereby passed. Pismo Beach - There being 5 AYES and 0 NOES, the motion is hereby passed. 6. INFORMATIONAL ITEMS: a. Youth Master Plan Linda Shephard, South County Youth Coalition Director, spoke about the South County Youth Coalition. She gave an update of the Coalition's first year activities which included the creation of a Resource Guide, a Youth Master Plan, and emergency phone number cards that were distributed to high school students. She reported that the Coalition has received over $30,000 in grant funds to assist in producing documents and brochures. Ms. Shephard stated there has been a lot of support from the cities and encouraged the Councils to continue sharing of resources and support in meeting the needs of the communities' youth. 6 CITY COUNCILS MINUTES MAY 13, 1999 b. PG & E- Y2K Com lin ance Barbara Engel, PG & E, gave an update on PG ~ E's Year 2000 compliance efforts. She stated that PG & E is confident about supplying electricity on January 1, 2000 and beyond. She stated that the company had formed a Y2K program with a budget of $240 million to identify critical systems, looking at environmental and regulatory impacts, assessing and creating an inventory of critical systems, performing remediation efforts, and testing systems. She stated that PG & E would soon be conducting its certification phase. She reported that there was a significant contingency plan in place with extra personnel and equipment in place on the rollover date. She said PG & E reports monthly to the California Public Utility Commission and they are comfortable with the status of PG & E's Y2K compliance program. Ms. Engel distributed a brochure entitled "Delivering Energy in the Year 2000" which includes Year 2000 Readiness Disclosure Information from PG & E. 7. ADJOURNMENT Pismo Beach Mayor Brown moved, Mayor Pro Tem Ferrara seconded, and the motion passed unanimously to adjourn the meeting. Time: 9:36 p.m. 7 CITY COUNCILS MINUTES MAY 13, 1999 MICHAEL A LADY, MAYOR City of Arroyo Grande ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK PETER KEITH, MAYOR City of Grover Beach ATTEST: PATRICIA A. PEREZ, CITY CLERK JOHN BROWN, MAYOR City of Pismo Beach ATTEST: SHARON JONES, CITY CLERK 8 MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MAY 25, 1999 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor Lady called the meeting to order at 7:00 P.M. Mayor Pro Tem Ferrara, Council Members Runels, Tolley, Dickens, City Manager Hunt, Chief of Police Lester F. TerBorch, Chief Building Inspector Larry Schmidt, and City Attorney Carmel were present. 1. PUBLIC COMMENT: None. 2. CLOSED SESSION: Mayor Lady announced that the Council was going to meet in closed session to discuss the following matters: CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Sec- tion 54957.6: Agency Negotiators: Rick TerBorch and Larry Schmidt Employee Organization: Service Employees' International Union (SEIU) - Local 620 3. CLOSED SESSION ANNOUNCEMENTS: There was no reportable action from the closed session. 4. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 7:36 P.M. to the regular City Council meeting of June 8, 1999. MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DEPUTY CITY CLERK CITY COUNCIUREDEVELOPMENT AGENCY MINUTES TUESDAY, MAY 25, 1999 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The Honorable City Council of the City of Arroyo Grande met in regular sessic,n at 7:40 p.m. 2. ROLL CALL Citv Council: X Council Member Runels X Council Member Toliey X Council Member Dickens X Mayor Pro Tem Ferrara X Mayor Lady Redevelopment Aaencv: X Board Member Runels X Board Member Tolley X Board Member Dickens X Vice Chair Ferrara X Chair Lady STAFF PRESENT ~City Manager/Executive Director X City Attorney/Agency Legal Counsel X Director of Administrative Services/Secretary X Chief of Police ~Director of Building and Fire Interim Director of Community Development X Director of Public Works X Director of Parks and Recreation X Director of Financial Services/Agency Finance Officer X Chief Building Inspector 3. FLAG SALUTE John Bewick, representing Arroyo Masonic Lodge #274, led the Pledge of Allegiance. 4. INVOCATION Senior Pastor Joe Bubar, Grace Bible Church, delivered the invocation. CITY COUNCIL MINUTES MAY 25, 1999 5. SPECIAL PRESENTATIONS a. Proclamation - Clean Air Month - Accepted by Vic Sterling, representating the American Lung Association. b. Mayor Lady announced that Council Member Jim Dickens and his wife Stephanie welcomed a new baby boy, and he congratulated the family. c. Mayor Lady announced that Kelly Wetmore, Administrative Services Director, has been awarded the designation of Certified Municipal Clerk and congratulated her. 6. AGENDA REVIEW None. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Runels moved, Mayor Pro Tem Ferrara seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7.A. PUBLIC HEARINGS None. 8. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Colleen Martin, 855 Olive, thanked the City and the Public Works Director for completing the sidewalk project on Alder and Farroll Avenue. She commended the City for working cooperatively with the School District on this project, and encouraged continued collaboration with the School District on future issues. Otis Page, 606 Myrtle, referred to a memo he and Mr. Mike Titus sent to the City Council stating they had reconciled the citizen survey data to the City's existing Land Use Element of the General Plan. He stated that the results of the survey speak for themselves and coincide with the objectives in the current Land Use Element. He encouraged the scheduling of a Long Range Planning Committee meeting as soon as possible to expedite the General Plan update process. 9. CONSENT AGENDA Council Member Runels moved and Council Member Tolley seconded the motion to approve Consent Agenda Items 9a. through 9m. with the recommended courses of action. a. Cash Disbursement Ratification. Approved. b. Cash Flow Analysis - Approval of Interfund Advance from the Sewer Facility Fund. Approved. c. Minutes of City Council Meeting of May 11, 1999. Approved. d. Fiscal Year 1999-00 Appropriation Limit. Resolution 3365 adopted. 2 CITY COUNCIL MINUTES MAY 25, 1999 e. Fall 1998 Slurry Seal Project, Project No. 90-98-4, Progress Payment No. 2. Approved. f. Authorization to Solicit Bids - Spring 1999 Slurry Seal Project, Project No. 90-99-3. Approved. g. Authorization to Solicit Bids and Program supplemental Agreement No. M004, Optical Detection Devices at East Brach Street/Mason Street, Project No. 90-99-2. Resolution No. 3366 adopted. h. Purchase of paint for Pavement Marking and Striping Program. Approved. i. Authorization to Solicit Bids to Implement ADA Compliance of City Council Chambers. Approved. j. Authorization for Participation of the Police Department in the San Luis Obispo County Narcotics Task Force. Resolution No. 3367. k. Addition of a Senior Advisory Commission Member to the Long-Range Planning Committee. Approved. I. Fund Transfer Agreements for Bikeway Project One, Paulding Middle School Bikelanes Project. Approved. m. Award of Bid for the Bikeway One - Paulding Middle School Bikelanes, Project No. 90-98-1. Approved. Voice Vote X Roll Call Vote Ave Lady Ave Ferrara Ave Runels Ave Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. a. NEW BUSINESS: FEE WAIVER - ARROYO GRANDE VALLEY LITTLE LEA . Parks and Recreation Director Dan Hernandez highlighted the Staff Report. He stated that staff recommended the Council provide direction regarding a fee waiver request from Arroyo Grande Valley Little League for use of the Jaycee Room at the Soto Sports Complex. There was discussion relating to the League's registration costs; how often the room is reserved; what percentage of paying customers would be lost if the waiver was granted, and the City's maintenance costs for the room. There were comments made that if the fee waiver was granted, it could set a precedent where other organizations would also begin requesting waivers for the use of the room. 3 CITY COUNCIL MINUTES MAY 25, 1999 Colleen Martin, Parks and Recreation Commissioner, stated that the Arroyo Grande Valley Little League registration fees were much higher and not in line with other sports groups. Ms. Martin stated that fee waivers should be requested before use of the facility, not after. Hearing no further comments, Mayor Lady ciosed the public discussion. In response to questions from Council, Director Hernandez responded that if the Jaycee room was opened up for meetings at no charge, it would result in a higher usage of the room, and the City would incur additional costs for maintenance. Council discussed the fact that all of the kids in the Little League lived in Arroyo Grande and that approximately 80% of the fees for recreation programs come back to the City. Mayor Pro Tem Ferrara asked if Arroyo Grande Valley Little League was considered the City's home league. Director Hernandez responded yes. Mayor Lady moved to waive the fee request from Arroyo Grande Valley Little League for use of the Jaycee Roorr~ at the Soto Sports Complex in the amount of $315. Mayor Pro Tem Ferrara seconded the motion. Voice Vote X Roll Call Vote Aye Lady Ave Ferrara ~Runels ~ve Tolley Ave Dickens There being 4 AYES and 1 NO, the motion is hereby declared to be passed. Council Member Tolley made a motion that in the year 2000, the City Council waive the fees on fifteen meeting dates, as a cap, for the Jaycee Room at the Soto Sports Complex for Arroyo Grande Valley Little League. Council Member Dickens seconded the motion. Voice Vote X Roll Call Vote Ave Lady Ave Ferrara ~Runels Ave Tolley Aye Dickens There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 4 CITY COUNCIL MINUTES MAY 25, 1999 City Manager Hunt asked the Council for ciarification that the fees for the four remaining meeting dates of the Arroyo Grande Valley Little League were not waived and would have to be paid. Mayor Lady responded that the motion was based on the invoice of $315 and did not include the additional $60 for the additionai four dates. 11.b. UPDATE OF THE CITY'S BUILDING CODES BY ADOPTION OF AN ORDINANCE REVISING TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE. Director of Building and Fire Terry Fibich highlighted the Staff Report. Staff recommended the City Council conduct the first reading of the Ordinance amending Chapter 1 of Title 8 of the Municipal Code and set a public hearing for June 22, 1999. Mayor Pro Tem Ferrara moved to introduce by title only an Ordinance adopting by reference the 1997 Editions of the "Uniform Administrative Code", "Uniform Building Code" (Volumes 1, 2 and 3) and its Appendix, "Uniform Mechanical Code", "Uniform Code for Building Conservation", "Uniform Plumbing Code", and the 1996 Edition of the "National Electric Code"; and set a public hearing for June 22, 1999. Council Member Runels seconded the motion. Voice Vote X Roll Call Vote A~ Lady A~ Ferrara ~g Runels A~/g Tolley Ay~ Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11.c. FISCAL YEAR 1998-99 THIRD QUARTER BUDGET STATUS REPORT. Financial Services Director/Agency Finance OfFicer Lynda Snodgrass highlighted the Staff Report. She said that staff recommended the City Council/Agency Board: • Approve detailed budget adjustments and recommendations as shown on Schedule B. • Approve (Deny) requests for additional appropriations in the General Fund as detailed in the Funding Section below. • Approve (Deny) request for a$5,000 contribution to the Economic Vitality Corporation. • Approve Schedules A through E included in the Third Quarter Status Report. Mayor Lady commended stafF on the Third Quarter Budget Status Report. 5 CITY COUNCIL MINUTES MAY 25, 1999 Council Members Runels moved to approve stafF's recommendations to approve all requested action items, Council Member Tolley seconded the motion. Voice Vote ~Roil Call Vote City Council Ave Mayor Lady Ave Mayor Pro Tem Ferrara Ave Council Member Runels Aye Council Member Toiley Ave Council Member Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Redeveloament Agency Board Aye Chair Lady Aye Vice Chair Ferrara Ave Board Member Runels Ave Board Member Tolley Ave Board Member Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS: a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District. Mayor Lady reported that the sewer hook-up payment fee schedule was resolved relating to the Oceano timeshare condominium project. (2) Other. Mayor Lady reported that he had recently served as "Principal for a Day" at Arroyo Grande High School. He ~also reported that discussion at the next Mayor's meeting will include a cooperative effort of the San Luis Obispo County Mayors in planning a visit to the State Capitol in Sacramento. b. MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority Board. Mayor Pro Tem Ferrara reported the following: 1) A recent inspection by IWMA and County Environmental staff at the RALCCO site revealed that the bailer was not working, materials are stacking up and not being processed, and the yard is full; 2) All of the cities in San Luis Obispo County have approved and implemented programs to encourage recycling to meet diversion rates; 3) The City's diversion rate has improved 11 % between 1997 and 1998; 4) Discussed a proposed commercial recycling ordinance to encourage recycling at retail businesses in an effort to meet State mandates; and 5) Test driving a new electric vehicle provided by IWMA. 6 CIT~( COUNCIL MINUTES MAY 25, 1999 (2) Economic Vitality Corporation. No report. (3) Air Pollution Control District (APCD). Met last week and continued discussions regarding Title 17 guidelines for agricultural burning. The Air Resources Board held in a workshop in San Luis Obispo County on April 29th and the consensus was not to amend Title 17 to make the guidelines more restrictive; 2) APCD Officer announced there is a new Governor appointee to head CALEPA who is a strong agricultural and agri-business advocate; 3) APCD Officer met with Lois Capps in Washington D.C. to discuss issues related to Hearst Castle and changing its bus fleet over to natural gas. c. COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Advisory Board. Revenue is up 7% from prior year at the Lopez Lake Recreation Area. (2) County Water Resources Advisory Committee (WRAC). 1) Water quality was good for the last month. The treatment plant is processing five million gallons per day. The testing process for the stone column project is finished. If everything goes as scheduled, the completion for the retrofit project will be June, 2002. 2) The WRAC approved and will recommend to the County Supervisors a water study for the Paso Robles Basin and also the purchase of two weather stations for North County and South County. d. COUNCIL MEMBER STEVE TOLLEY (1) Long-Range Planning Committee. No report. (2) South County Youth Coalition. The Coalition met to discuss the organization and future of the Coalition and the implementation of the Youth Master Plan. The Coalition will be seeking a new Executive ~ Director. The Coalition will be participating in the Strawberry Festival. (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Council Member Tolley reported he would be out of town for the next meeting, stated the alternate, Council Member Dickens, could not attend, and asked if another Council Member could attend. e. COUNCIL MEMBER JIM DICKENS (1) South County Area Transit. There was a meeting date change to June 23~d so that a presentation could be given by interns from Cal Poly regarding a new scheduling proposal for South County transporation. (2) Economic Development Committee/Chamber of Commerce. No report. (3) Other - Community Recreation Center Subcommittee. The first meeting was held and an initial survey was conducted to collect data on what the subcommittee wants to accomplish. There was consensus that this proposed facility reach a regional audience. A wish list of amenities was created. The next meeting was scheduled for June 24th at 6:30 p.m. to review the list, and to discuss ideas and 7 CITY COUNCIL MINUTES MAY 25, 1999 funding mechanisms. Several people on the subcommittee will be looking at available land in the South County region. 13. COUNCIL COMMUNICATIONS 1. Mayor Pro Tem Ferrara referred to the mandatory recycling ordinance that was received from Bill Worrell , IWMA. He stated that given the situation in the City with the high volume generators coming in to the Five Cities Center, that it would be prudent for the Council to look ahead and consider a City-sponsored commercial recycling program. He stated with AB939 this was one more area that can be pursued to help the City reach its waste diversion goal. There was consensus to direct staff to bring this back to the Council as an agenda item. 2. Mayor Pro Tem Ferrara talked about the Village Glen project and his concerns about the impact on the traffic circulation segment. He reported that he had discussions with the Site Selection Committee from Lucia Mar, and then met with Mr. Gary Young. Mayor Pro Tem Ferrara talked about a proposal to put in an elementary school as part of the project. He said the reason for this was based on reviewing the demographics of student distribution throughout the City. He said on a daily basis during the peak period there were over 700 students travelling from one side of the freeway to the other. He stated from a standpoint of satisfying CEQA and the environmental impact report mitigation measures, he was looking at a way to cut down on the frequency of those trips. He said there was potential segment relief with the proper positioning of a school. He said Mr. Young would be discussing this option with the James family. Mayor Pro Tem Ferrara stated that the School District is not coming forward to oppose this project; however, they are interested in pursuing it and they seem appreciative that the City is taking the initiative. He said this item would be coming back to the Council for discussion in a few weeks, that there were no guarantees, and that at this point there has only been dialogue. 14. STAFF COMMUNICATIONS None. 15. ADJOURNMENT Council Member Tolley moved, Council Member Dickens seconded, and the motion passed unanimously to adjourn the meeting. Time: 8:55 p.m. 8 CITY COUNCIL MINUTES MAY 25, 1999 MICHAEL A LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVIGES DIRECTOR/ DEPUTY CITY CLERK 9 9.d. o~ pRROV~C ~ ~ INCORPOqATED 92 ~ o MEMORANDUM * .~Y ,o. ,a„ c4~~FORN~P TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING & FIRE ~ SUBJECT: AWARD OF BID TO IMPLEMENT ADA COMPLIANCE OF CITY COUNCIL CHAMBERS DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council approve the award of bid to James O'Donnell Company in the amount of $19,610 to implement the Americans with Disabilities Act (ADA) Transition Plan for the City Council Chambers. FUNDING: The adopted Fiscal Year 1998-99 Government Buildings budget includes a total of $21,100 for renovation and ADA compliance of the Council Chambers. DISCUSSION: On May 25, 1999, the Council authorized staff to solicit bids for the City's ADA Transition Plan for the Council Chambers. The proposed disabled access improvements include parking, passenger loading and unloading zone, accessible exterior routes of travel, doors and windows, signs and identification, toilet room, and assistive listening system. This project will bring the Council Chambers into compliance with both Federal Law and the City's ADA Transition Plan. The following vendors provided bids: James O'Donnell Company, Arroyo Grande, CA $19,610 Cobalt Construction Company, Grover Beach, CA $22,090 Solid Builders, Arroyo Grande, CA $21,060 The low bid of James O'Donnell Company is $1,490 less than the budgeted amount of $21,100. If approved, the project will begin July 1, 1999 and conclude August 9, 1999. JUNE 8, 1999 AWARD OF BID TO IMPLEMENT ADA TRANSITION PLAN FOR CITY COUNCIL CHAMBERS PAG E 2 Alternatives The following alternatives are provided for the Council's consideration: -Approve staff's recommendation; -Do not approve staff's recommendation; -Modify as appropriate and approve staff's recommendation; -Provide direction to staff. ~ o W: ~ ° ~ N Z F~ ~ I ~ ~ ' ~ C W' y N a`> c ' v ~ ~ 7 ~ ~ .o `n 2 ~ ~ ~ ~ ~ ' ' t~ v ~ ~ o. z. W o ~ llt Q o 0 ~ ~ ~ ~ ~ ~ ; ~ F^. m ~ ~ LL Z ~ c c ~ ~ ~ ~ ~ as ~ ~ ~ ~ a ° ° W . U v ~ G o p u~ ~ ui ~ o ~ ~ o~ ~ , 'qi ~ CF~~~',, w z a W~ ~ o ~ 0 Z N ~ O N pO ,~;~,~j ~Z E ~ ~ ~~~1. C7Q ~ v o OQ O~ ~ ' z ' ~ ; ~ Q ~Z ~ ~ OO ~ ~ ~ ~ Q ~ t~ a ~ ' ~ ~ ~ ~ C1 W ~ ~ z ~ ~ ~ ¢ ~ ~ rn ~ Z ~ a Cy' r' v~ Z , w a~'". _ ~n Q a ~ ~ ' r ~ ~ ~ ~ w ° ~ ~ ~ ~ g Z 5 a ~ p o w U ~ O ~ ~ OQO C~.1. ' Z ~ W r- ~ w~ W O Q m ~ > ~ ! ~ ~ T, O w W ~ ~ ~ U a Q ~ ~ o W, ~ w a ~C = ao Z ~ o a ~ ? ~ d ;u~: d ~ p,RROy~ ° ~ INCOHPOqATEO 9O MEMORANDUM V T ~t ,R1LY /0. l i 11 * ~ . c4~~FOR~~P TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING & FIRE~ SUBJECT: AUTHORIZATION TO SOLICIT BIDS TO IMPLEMENT ADA COMPLIANCE OF CITY COUNCIL CHAMBERS DATE: MAY 25, 1999 RECOMMENDATION: It is recommended the City Council authorize staff to solicit bids to implement the Americans with Disabilities Act (ADA) Transition Plan for the City Council Chambers. FUNDING: The adopted Fiscal Year 1998/1999 Government Buildings budget includes a total of $21,100 for renovation and ADA compliance of the Council Chambers. The project cost is estimated to be from $17,000 to $20,000. DISCUSSION: The Americans with Disabilities Act (ADA) of 1990 guarantees equal opportunity for persons with disabilities in employment, public and private services, transportation, and communications. The proposed disabled access improvements to the Council Chambers include parking, passenger loading & unloading zone, accessible exterior routes of travel, doors and windows, signs and identification, toilet room, and an assistive listening system (Attachment 1). This will bring the Chambers into compliance with both Federal Law and the City's ADA Transition Plan (Attachment 2), adopted by City Council on October 14, 1997. The project is scheduled to be completed within 60 days from the Notice to Proceed (Attachment 3). Alternatives The following alternatives are provided for the Council's consideration: -Approve staff's recommendatiom, -Do not approve staff's recommendation; -Modify as appropriate and approve staff's recommendation; -Provide direction to staff. ATTACHMENT 1 CITY OF ARROYO GRANDE ~ AMERICANS WITH DISABILITIES ACT OF 1990 TRANSITION PLAN 1998/99 INTERIM STEP COUNCIL CHAMBERS, 215 E. BRANCH ST. PARKING , • Designate (2) reserved parking spaces along the street curb with blue accessibility markings (obtain approvals). • Signage to have reflectorized International Symbol of Accessibility at each space, min 70 sq. (min 80" high if in path of travel), & unobscured by a parked vehicle (ADAAG 4.6.4) and tow away sign with telephone # at each entrance to parking area or adjacent to accessible spaces, minimum size: 17" x 22", 1" high letters: ~ • Accessible space surface: 36" x 36" outlined profile view of wheelchair with occupant in white on blue background visible to traffic enforcement officer when vehicle occupies space. See Figure No. 31-6. PASSENGER LOADING & UNLOADING ZONE • Designate passenger-loading zone within the existing bus-loading zone and install appropriate signage. • Sign (ADAAG Section 4.1.2 (7) (b): International Symbol of Accessibility. ACCESSIBLE EXTERIOR ftOUTES OF TRAVEL, ENTRANCES & EXITS • 4" thick concrete ramps and landings with #4 rebar at 24" on center each way over 4" sand base, heavy broom finish from back of existing sidewalk to front existing and new entrances. See plan. • Provide (2) 3/" electrical conduits to future irrigation controller and landscape lighting. • Provide (1) 3/" schedule 80 irrigation pipe under front ramp for future irrigation system and (1) 3/<" electrical conduit to future landscape lighting. DOORS & WINDOWS • Replace existing 3'-6" x 7'-0" main entrance, anodized aluminum frame glazed door, door lock, door closer and threshold to comply with UBC and ADA standards (optional panic hardware). Install "This Door to Remain Unlocked During Business Hours" sign with 1" letters above door and 6" high International Symbol of Accessibility sign adjacent to latch side of door. 1 ~ i ATTACHMENT 1 • Replace the existing pair of windows on the far left front side of the Council ~ Chambers with a new aluminum frame glazed 3'-0" x 7'-0" exit door, panic hardware, door closer and threshold to comply with UBC and ADA standards (match new main entrance door, center within existing window opening). Provide aluminum frame glazed tempered glass 1'-6" x 7'-0" side panels on ; each side of new entrance door and 6'-0" x 1'-0" transom above with internal ~ mullion bars to match existing window pattern. Provide (1) 6" high International Symbol of Accessibility sign adjacent to latch side of door. • Remove front Council Chamber window with broken seal and replace with salvaged window removed from new exit door location. • Replace the existing non-required exit door at the rear of the Council Chambers with new 3'-0" x 6'-8" solid core exterior door, panic hardware and threshold, install "NON-ACCESSIBLE EXIT" courtesy informational sign ~ adjacent to latch side of door. See Signs & Identification for specifications. Remove existing exit sign above door. • Replace door opening hardware to Council Chambers, Conference Room and Restroom with lever type to comply with ADA standards. Provide privacy latch at Restroom lever. • Replace (7) glass panels adjacent to the entrance door and within 60' above the stairs and landings with tempered glass. • Install illuminated exit signs with separate battery power back-up source at the existing main Lobby exit, Council Chambers to Lobby exit and the new ~ Council Chambers exit to comply with UBC requirements. • Install ADA compliant threshold at Council Chambers/Lobby door. SIGNS & IDENTIFICAITON • Permanently Signed rooms & Spaces. 1. Requirements: Raised letters & Braille. 2. Location: On wall adjacent to latch side of door, 60' above floor. 3. Raised letter Characteristics: a. 1" high, raised 1/32". b. Sans Serif, upper case. c. Non-glare (ADAAG 4.330.4). d. Contrast (ADAAG 4.30.4): Light-on-dark or dark-on-light. 4. Braille: Grade II, dots = 1/10" on center in each cell with 2/10" space between cells, raised 1 /40". 5. Names: ~ a. Council Chambers b. Conference Room c. Kitchen 2 ATTACHMENT 1 TOILET ROOM _ • Install 36" long 1'/2° diameter grab bars at rear and side of toilet mounted 33" to 36" above floor 1'/2' from wall. • Install continuous flow toilet tissue dispenser 19" above floor 12" or less in front of toilet seat. • Install paper-towel dispenser 40" maximum above floor to all operable parts. • Install 18 " x 24" mirror 40" maximum above floor to bottom edge. • Install pipe insulation at both hot and cold water pipes and drain line. • Install ADA approved lavatory faucet. TOILET ROOM SIGNAGE • Install unisex symbol signage equilateral triangle'/4' thick superimposed on & within circle'/<" thick 12" diameter, centered 60" above floor with raised letters & Braille, on wall adjacent to latch side of door. • Raised letter characteristics: 1" high, raised 1/32", San Serif, upper case, non- glare. • Braille: Grade 11, dots = 1/10" on center in each cell with 2/10" space befinreen cells, raised 1/40". • International Symbol of Accessibility (6" high). ASSISTIVE LISTENING SYSTEM • Install audio-induction loop, radio frequency or infrared transmission portable assistive listening system witk~ (4) listening devices. Provide International Symbol of Access for Hearing Loss and wording stating "Assistive-listening ' System Available". . 3 ~ _ . • . . . ~ ~ ~ ' ~ . . . . • ~z ~ ~ ~ s . . . ~ . ~ ~ ~3 : ~ ~ ~ ~ •N~w Z ~ 3 0- G ~ v ~ . 3 ~ ~ ~ ~ ~ . j.. ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ° os ~ ~ ~ ~ 3 ~ ~ ~ ~ ~ < 4 . ~Nlc»~~'I ' ~~Nc+~ , c1 ~ o ~S G~~ ~ ~ N ` ~ . ~ . . ~ ~ • - d~.6 . ' . . , ~ ~ ; 'r,' ~t . • . . . , ~ .f:.~'• , ' • • • t ..,'rT r.~. . r ' ' ' . • ' ~ _ . . ~ . . . . ~ , • ~ ; • ii~ ?'•,1.t • . 1 ~r;' a! "k 1 • Q ' ' , ' ~ + M ' • ~ ~ i' ~ ~ ~d 1A ~ 4 ~ . ~ . , ` j ) j,r tt . - 4 ! ~ ~ ; r. ~,;r.. , V . ~ ~ , + ~.r, . ~ . ! J r ~ • ~ . . ~f+ i+/f r,.~Pi~' + ' ' ~ ~ ~ 02:1 ~dD'1f? ' ~ . . ~a'~ ~S ~ > T ~,iaNV~ dWd~ " i =Q z ' ' '~o~ . • •~n°' ~I ~ . ~ " " ' ~ v E . ~ . . . . ~ ~ . • ~ ~ . ~ ! ~ y•~•F. ~ , 1 . ~ ~ %I+r?'i ~'4 . O ' ' ~ ~ • ~ . ~ ' , . Y t . . ` ~ y ',~.r, ~ . . • , ' i~.t•:% . • , . ~i 1~ rY ~ . . . ~ ~ i, . : , :,f: •t.~`~• ~ ~ f~~ : ~ ti• ~ ~~~r,.•;;.~.~ . . ~ • , • j1i .Z ~ : . ~ ~ ~ 1. - ,~':fr}.~r~~?~ , • I . p ~ S ,~~-"r';, ~,t'';+ ' u~ p ~ , i.. ~ , - . ' ~T~ S `i~ ~ ~ • • ~ ' ~~W ~ ~ . ~ , r r . ; . ~ , ,r;/f,:r _ . ; : ~ t; , !';rjr;i:,~~ ; '~j Z . ' ~~r,. ~ f ~~i ~ N ~ QS;1 ~o'{y ~ • ~ . . : r . ; ~ y ~ ~Ntc,r+Y't ~ . ~ I ~ . . f , '~Np7 ~ . ' . ~ ; fJ ~ m . . . . ; zi • ,~.;~tir v~ i ; ,~I . ~ ,~.:;~,.r; • , ' ~ ~ : _ ~ . : , , , r.`• ; , ` , ~ . ' • l . •~,.~~,.Ytrl.~~ . . . . • ~ ~ 1 ! ,rr~ r,1.~ . • , . ,~'~.ap~' ~~i •%•1 .i ?i, ~ . . , ~ •r J . . ~ . . . ~ • . . ( . ' ~ ' ~ 15 - ~ . u ~ ATTACHMENT 2 ~ , o~ PRROYpC~ . Nconron~r¢o 9Y F• ` ~ V m ~ ~u~r io. ron ~ c4~ ~ F OR~~P MEMORANDUM T~:: CITY COUNCIL VI.~1: ROBERT L. HUNT, CITY MANAGER~~ FE:OM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRq~ SI,;BJECT: APPROVAL OF ADA TRANSITION PLAN DATE: OCTOBER 14, 1997 RECOMMENDATION: It is recommended that the City Council approve the Americans with D'isabilities Act (ADA) Transition Plan. F~s'ND1NG: Tf~,:~ estimated cost to implement all the recommended changes in the Transition . Plan ranges from $180,000 to $310,000. These costs; which will occur over multiple fiscal years, coufd include the following sources of financing: • City funds; • ADA and HUD block grants; • State grants; • Tenant/lessee funds (e.g. Historical Society, etc.); • Service club and volunteer organization donations (drinking fountains, playground equipment, assistive listening devices, etc.). DISCUSSION: The Americans with Disabilities Act (ADA) of 1990 guarantees equal opportunity for persons with disabilities in employment, public and~ private services, transportation, and communications. Tc~ achieve this intent, all public agencies are required to complete several administrative measures to ensure complia~ce with the ADA, including the preparation of a Self-Evaluation and Transition Plan. This means that all buildings and facilities must be reviewed to ensure that they do not discriminate ayainst persons with disabilities. The public agency must then modify, as soon as feasible, any building or facility that is determined to be inconsistent with ADA requirements. ~ As oart of the overall Self-Evaluation, a Transition Plan must contain the follo~~ving elements: - 1. A list of physical obstacles andlor bar~iers in the public agency's facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities; 2. A detailed outline, describing the methods that will be used to correct, eliminate, or modify these obstacles. Such methods could include kiut are not limited to properly marked designated parking stalls, accessibility signage, access ramps, and pathways to and within buildings, accessible restrooms, and telecommunications with assisted listening systems, etc. (Attachment 2 of the ADA recommendations); 3. A schedule for taking the necessary steps to achieve compliance, including costs and timelines. Cost estimates for all Priority 1 items are approximately $80,000 to $130,000, all Priority 2 Items are approximately $30,000 to $60,000, and all Priority 3 Items are approximately $70,000 to $120,000; 4. If the time period for achieving compliance is more than one year, the plan must identify the interim steps that will be taken during each year of the transition period. Since the Plan proposed for Arroyo Grande is intended as a multi-year program, the Plan identifies the interim steps listed on the attached page ("Interim Recommendations"); 5. The name of the official responsible for the Plan's implementation and names of interested persons consulted: The proposed Transition Plan for the City contains the above mentioned elements. First Priority for implementation is the removal of barriers to access of City owned buildings, Second Priority is the removal of barriers within City owned buildings, ~ Third Priority is access to restroom facilities within City owned buildings. Implementation of the entire Transition Plan may be multi-year by identifying the interim steps taken during each year. Currently, work is taking place toward ADA compliance with the South County Historical Society improvements at So. Mason St. This work by the Historical Society accomplishes approximately $5,000 of the $80,000 to $130,000 identified as Priority One costs. High priority is recommended at the Council Chambers to label disabled parking . and remove barriers to access the building (e.g. new entry door meeting ADA requirements). This step of compliance is estimated to cost approximately $5,000 to $7,000. Additionafly, it is recommended that a legal second exit from the assembly area be constructed that compiles with the California~ Amended Un~form Building Code. This step is estimated to cost approximately $8,000 to $10,000. Staff will pursue compliance with the disabled parking issue this fiscal year. Staff wilf be requesting funding for the Chamber improvements as part of the FY 1998-99 budget process. CITY OF ARROYO GRA.NDE AMERICANS WITH DISABILITIES ACT OF 1990 ~ . TRANSITION PLAN The Americans with Disabilities Act of 1990 (ADA) sets extensive standards and requirements for the accessibility of public and private facilities and programs as set forth in the ADA Accessibility Guidelines (ADAAG). In addition, the ADA prohibits discrimination against disabled persons. Title II of the Act requires public entities to make their services, progams, and activities "readily available to and usable by individuals with disabilities." This part of the Act does not require that all facilities be made accessible; public entities may relocate services to accessible sites or remove architectural barriers to current facilities. On the basis of the regulations, the Public entity must prepaze a Transition Plan that: - 1. Identifies physical barriers in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; 2. Describes in detail the methods that will be used to make the facilities accessible; 3. Specifies the schedule for taking the steps necessary to achieve compliance; and 4. Indicates the official responsible for implementation of the plan. . Attachment 1 is an unplementation schedule of the modifications. The schedule recognizes the importance of the public's ability to modify priorities within that schedule, as well as the City's ability to fund those priorities. Attachment 2 is a listing of those items which if eliminated, would provide three categories of access to City provided services. The three categories of access barriers ue determined to be: a) barriers to buildings; b) barriers to services within buildings; and c) barriers to restroom facilities within buildings. Each of the barriers within each of the categories is listed with a specific method by which the barrier can be removed. It is also noted that removal of the barrier may not be necessary should the building become vacant or the service relocated to a facility fully ADA accessible. The City Official responsible for the implementation of the plan will be the City Manager or ~ his/her designee. C:\WORD~GENERALWDAEXADOC • ~ A.D.A. COMPLIANCE DIRECTORY ` . ~ ~ . ; City of Arroyo Grande A.D.A. Administrative O~cer ~ Terry Fibich . : Director of Building & Fire Department 140 Traffic Way ~ Arroyo Grande, CA 93420 ; (805) 473-5490 ; ~ City of Arroyo Grande A.D.A. Compliance Coordinator ; Robert L. Armet : Building & Life Safety Divisian i 214 E. Branch St. ~ Arroyo Crrande, CA 93420 (805) 473-5450 . ' A.D.A. Liaison/Citizen Volunteers ~ Louis Scoggi.ns ~ Barry Stotts ~ Department of Rehabilitation . ~ _ 929 N. Elm St. ~ ~ Santa Maria, CA 93454 (805)925-0532 ( I ~ A.D.A. Transition Plan Committee . ~ Disability Advisory Review Team (D.A.R.T.) ~ Terry Fibich, f1.D.A. Administrative Officer f Robert L. Armet, A.D.A. Compliance Coordinator ' Barry Stotts, A.D.A. Liaison/Citizen Volunteer i l ; ~ C:IWORDIGENERAL\ADADIRDOC ! CITY OF ARROYO GRANDE - BUILDINGS AND FACILITIES DIRECTORY BUII.DINGS . 1. CITY HALL 214 E. BRA.NCH ST. 2, PUBLIC WORKSlENGINEERING DEPT. 208 E. BRANCH ST. 3. BUILDING DEPART'MENT 200 E. BRANCH ST. 4. GAZEBO PARK PUBLIC RESTROOMS OLOHAN ALLEY & SHORT ST. 5. COUNCII. CHAMBERS 215 E. BRA.NCH ST. 6. COMMUNTTY CENTER/WOMAN'S CLUB 211 VERNON AVE. ' 7. PARKS AND R.ECREA'TION DEPARTMEN'I' 350 S. ELM ST. - 8. POLICE DEPARTMENT 200 N. HALCYON RD. 9, FIRE DEPARTMENT 140 TRAFFIC WAY 10. PUBLIC WORKS/MAINTENANCE YARD 1375 ASH ST. 11. SOUTH COUNTY HISTORICAL SOG'IETY , 126 S. MASON ST. 12. SOTO SPORTS COMPLEX PUBLIC RESTROOMS 1275 ASH ST. 13. STROTHER CO1~ZNiUNITY PARK 1150 HUASNA RD. 14. ELM STREET PARK . . 350 ELM ST. ATTACHIVIENT 1 . IMPLEMENTATION SCHEDULE FOR BARRIER REMOVALS A. Priority for implementation of projects addressing removal of barriers to access to Public Buildings: . First Priority: All buildin~s owned, maintained, and used by the City, and which the public is expected to enter, shall be made accessible. Access will be considered available when at least one point of access is available to the public to gain entry to each public floor of the building. Second Priority: All public services provided shall be made accessible to the public. Public access will be available when the public can participate in all public activities carried on at the location. ~ Third Priority: Restroom facilities in all accessible buildings owned, maintained, and used by the City shall be made accessible. Access will be considered available when at least one iestroom per gender, per floor or a single "special purpose" restroom, that is open to the public, of a building which has public access and barriers to access and services removed. When restrooms are separately available for men and women, theTe shall also be separate barrier free facilities. B. Curb ramps at street intersections: The City has many points where pedestrians must cross into a street from a sidewallc. Some of these crossing points already have some sort of transition ramp provided, the remaining do not. ~ The City adopts the following priorities for placement of ramps: ~ First Priority: Place ramps where no ramp exists. . Considering input from elderly and disabled persons, ramps shall be installed in the following order: A. Locations requested by persons with disabilities that would benefit from the ramp. B. Central business district. ~ C. Adjacent to Senior Center D. Adjacent to senior housing facilities. . E. Along arterial streets. C:IWORD\GENERAL~ADAATTI.DOC • _ ATTACffiVIENT 2 ' . ANALYSIS OF CITY OF ARROYO GRANDE FACILITIES ~ Analysis of City of Arroyo Grande facilities to determine compliance with the American with Disabilities Act (ADA) is based on surveys conducted by Building & Life Safety Division staff. The resulting data was subsequently reviewed and summarized by the Director of Building & Fire and department staff. The final compilation is presented in this document. The data is based on the question "What would be required of existing facilities to achieve compliance with ADA regulations?" For all areas accessible to the public, the recommendations in this document outline the nature of work necessary to answer the question, based on current understanding and interpretation of the ADA regulations. This data does not constitute legal advice, but is informal guidance on the federal accessibility requirements. The following definitions apply to the column headings found in this document: Survey ID# Refers to the designation number for the noncompliance item on the survey sheet. The survey sheets are bound together as a separate . volume and are to be considered supporting documentation. Cost Category Refers to the estimated cost to achieve compliance with ADA _ requirements based on Action Required as follows: A. Less than $1,000 B. $1,000 but less than $5,000 C. $5,000 but less than $10,000 D. Over $10,000 Action Required Refers to the recommended facility improvements required to ~ achieve compliance with applicable disabled access standazds. C:\WORDIGENERALWDAINfRO.DOC CITY OF ARROYO GRANDE ~ • A.D.A. RECOMNIENDATIONS ; ~ SURVEY COST ACTION REQUIRED ~ j ID # CATEGORY ~ C~ ~`~H -"~bl~~~t~torks Dept ~ Bwlci~g ~e~t , and ~azeb~ Park/Pub1~c~Res~oa~ns~ ~ - _ ~ ~ y ~ ,~QQ-~~~ ~~~~auc~ Street,:~arners t~ Bu~lcl,t~? ce s on 1 F } . _ : . , 1-A2d A Provide required warning signage at each street entry to the parking lots. 1-A1, A Provide (1) additional "Van Accessible" reserved pazking stall with 2a,b,c, required markings and signage closest to the accessible entrance. ~ l0a 1-A.lOa A Re-mazk or relocate (2) existing designated parking stalls to provide access aisle markin s on the assen er side. ~ 4-A.1 A Widen walkway adjacent to Public Works to a minimum of 48" wide . as re uired. 4-A.7 ' A Stabilize or replace uneven brick walkway between City Hall and Public Works as re uired. 4-C.la,b A Provide detectable warning stripes or truncated domes where wallcs ad'oin or cross a traffic lane. 5-A.1, B Modify existing exterior ramp adjacent to City Hall to be a minimum 9a,h of 48" wide with 11/2" wide handrails that meet re uirements. ; 6-A.1,5, B Modify existing front and rear exterior stairways to City Hall and 6d,e,f Public Works to provide a 2" wide indicator stripe at all tread _ nosin s, slo ed risers and handrails that meet re uirements. 5-A.1-11 B Provide exterior ramp with handrails to Village Creek Gazebo. Provide curb around Gazebo at surface level chan e. 7-A.1, A Provide required walkway to picnic area adjacent to Village Creek 2b,c Gazebo and icnic table that meets re uirements : _ _ ~ ~ . . ~ _Ci ~ 214_E Braaeh Street, Bamers to Buildtn :Acees:s non ~ 17-A.2 A Provide accessible facilities and entrance si a e at buildin ent . 18-A 1, B Replace front entrance doors with door of 32" minimum clear width, 2, 4e door closer, door hardware and threshold in compliance with ; standards or rovide electronic assistive door o eners. ~ 18-A.4c A At front entrance door, provide panic hardware or signage that meets f, . ; re uuements ~ - ~ ~ ~ ~ . ' , B.~1e~tSto ServiC~s. P~tOn :2 . _ ~a1~,. ~ r:.,~~ s . . . ; 17-A.3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional signage as required. ~ C.1-4 ~ 29 A At Finance Department and Planning Department, public accessible counters to be modified to provide 36" wide, 28"-34" high counter . that meets requirements, or provide clip board specifically for disabled erson's use. 15-A. A Equip public telephone with volume control and Telecommunications 3-Sa Display Device (TDD) and identify with complying signs. • ; 1 ~ i SURVEY COST ACTION REQUIltED ID# CATEGORY _ _ , 1 =Bame~ to.l,Zest~oom~ Qn ,:3 ~ ~ ~ ~ ~ ; ~ - - - - ~ ~ . _ _ 25 C Provide entire multiple user men's and women's restrooms that meet re uirements. Pezblic~'or~n ee~n De , 2(ls~ _Br~nc~ Stree~ ~amei~s.#~ B~~ldan ,~ccess.. ~:o~'~~_ ~ - t ` f = ~ ~ - ~ ~ - f ~f ~ ~ ~ ~ _ 17-A.1,2 A Provide accessible facilities and entrance si a e at buildin ern . 18-A.1, B Replace front entrance doors with door of 32" minimum clear width, 2, 4e door hardware and threshold in com liance with standards. 18-A.4c A At front entrance door, provide panic hardware or signage that meet re uirements. , ~ Putivc ~oiks~n eerin D~e ii~ B~~rs. ~a Se~ces ,nbn. ~2 17-A.3, A Provide permanent identification of rooms/spaces signage and B.l-6, informationaUdirectional signage as required. C.1-4 29 A Public accessible counters to be modified to provide 36" wide, 28"- 34" high counter that meets requirements, or provide clip board ~ s ecificall for disabled erson's use. Pei~il~e,~ortcs/~~i e~erin De ~tment {~at~ers to-Re~roo~is~:; nun : ~ ~ ~ _ . . 26 C Provide entire sin e user unisex restroom that meets re uirements. : _ Briiictui -~De arf.~ent, 20f~ ~ Branch~Stre~t, ~arriers ia ~3u~diii~,~ecess~ ~o~ 17-A.1,2 A Provide accessible facilities and entrance si a e at buildin ent . 18-A.4b,c A At front entrance door, modify door handles to remove latch and rovide si na e or anic hardware that meets re uirements. - : Bu~ld~"-=I3e art~ent;~Ba~r~ers ta Serv~ces.._ nori 2 ' ~ ~ ~ ~ ~ ~ ~ _ . .~',~;~~,~i~ '~~~~,5~- _ 17-A3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional ~ignage as required. C.1-4 - 19-C.1 A Attach ca et securel to floor surface. 24 B Provide interior ramp at building level change to comply with standards. 29 A Public accessible counters to be modified to provide 36" wide, 28"- 34" high counter that meets requirements, or provide clip board s ecificall for disabled erson's use. y _ _ r : t ~ s~ ~ ~ ~ ~~1~,=~.~ Butldin D artment = Bamers to Res~cSOm.s;~ on ~ ~ : ; 26 C Provide entire sin e user unisex restroom that meets re uirements. - fi. Gazebo PaFk~Pubi~a Restrooms 4lohan Alle}r an~ Short ~tre~ ~ _ Bacners ta Bu~ldin Access` non ;1 ~ ~ ~ . ~ ~ ~ . . : m.._ v_ . . . . . ~ 5-A 1,2 A At men's restroom, provide exteriorrnterior ramp with slope of 1:12 9-a-h maximum and 48" minimum wide with handrails on each side to com 1 with standards. 25-A.1 A Provide a ro riate si a e at doors of each restroom. _ - _ Gazebo Park PubT~c.Rest~oams, Ba'r'riers ta;;Kes~rooms_ :rion .3 ~f~~~~ ~ . _ 25-B.3f, A Re lace sink faucets with lever t e. 25-B.5 A Lower hand d'n blower to 40" maximum from the floor. 25-C.a,b A Replace stall door handles and locking hardware to comply with standazds. 2 ; i SURVEY COST ACTION REQUIltED i ID # CATEGORY ~ ~,k ~ ~ ~ : t _ Gounc~: Cham~ers 2 ~:5 E Branch: S~reet,:BarneFS t~ B~~~~ . . ~ A.ceess . ~i~ ~ ; ~ , 1-A.1-10, A Designate (2) reserved parking spaces and (1) passenger loading zone ` 2=A.1-3 s ace alon the street curb with a ro riate mazkin s and si a e. 5-A 1,2, B At main entrance, provide exterior landing and ramp with handrails to 9a-h, comply with standards. ~ 18-B ' 17-A.1,2 A Provide accessible facilities and entrance si a e at buildin ent . 18-A.4c,e B Provide panic hardware at front entry door and adjust or replace closer to o eratin effort of 8.5 ounds of force maximum. _ z~ ~ ~ ~..~m_ ~ ~ ~ _ - _ C=ai~nc~1 ~ha~bersy,~Barners ta Ser~nces ~tQn_ . ~ , - _ „ r _ 17-A.3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional signage as required. C.1-4 20-A, A Provide 48" wide portable or permanent ramp to provide accessible 31-C.2 route to Council latform. 31-B.la-c B Provide assisted listening system with minimum (2) receivers and ~ si a e to noti atrons of the stem. 21-A.1-8 B Reconstruct interior stairwa and handrails to com 1 with standards. 18-A.2 B Replace door and frame to provide minimum 32" clear width opening at u stairs conference room. Note: California amended Uniform Building Code (Table 10-A) requires assembly areas, concentrated use (without fixed seats) to be provided with a minimum of (2) exits where the number of occupants is at leasf 50. The e~cisting rear exit door does not comply due to obstructed means of egress to a public way. _ Recommendation: Replace the existing pair of windows on the far left front side of the assembly area with an exit door with glazed side panels on each side that com lies with standards. ' ~ ~ ~ ~Council'Ghambers, Batx~ers ~o Rest~ooms' ~'~tonty'`3 ~ ''~~~,~£~t ~ ' "4x . m~~ ~f ~ . 4i'H'~~""~~ ~ }"~f k T~ownstairs Sin e ~Fser Restroo~ ::r ~r.,. ~ ~v: ,w,~ . ~ ~ a. . _ _ 25-A.1 A Provide a ro riate restroom si a e. ~ 26-A.Sb A Re lace door hardware with lever e handle. ~ 26-B.3f,g A Relocate sink to provide 28" minimum clear space to side of toilet. C.1 Replace sink faucet with lever or similar type handle and insulate hot water and drain i es. 26-B.5, A~ Relocate mirror, towel and seat cover dispensers to 40" maximum , C.7 above the floor. 26-C.8a-i A Instail ab bars at rear and side of toilet to com 1 with standards. - . . ~ T d~ } M1F'f~'}~''~£~v'. . ~~Fi~ ~ ~a~T ~'91'vF ~ _ i~i£ ~QUnc~~~~~ambers, Bar~ers to,~esfxoomsa,.~~nont~ ~)a~,~~~-~ ` r, ~ r, _ - , ~ ~ g ~ ~ ~ ~ ~ ~~~~!'t,*'~~ , - ~ Sf31IS. S1II ~ ~US6F':RBS~LOUIYI , . _M~~ ~ . - . 25-A.1 A Provide a ro riate restroom si a e. ; 26- B Provide 32" minimum clear width door opening and hardware to A.3,Sb comply with standards. . 3 ~ SURVEY COST ACTION REQL]IFtED ID # CATEGORY 26 B.3, A Relocate sink to provide 29" minimum high clear space beneath at c,f,g front apron and 28" minimum clear space to side of toilet. Replace 26-C.1 existing faucet with lever type faucet and insulate hot water and drain . i es. 26-B.5, A Relocate mirror, towel and seat cover dispensers to 44" maximum C~ above floor. 26-C.8 A Install grah bars at rear and side of toilet to comply with standards. 9 1 _ ~ ~ f~ _ Ca~mmunt. _~enter~omen''s Clu~b~~~~~Y~rno~=Av_~ Bar~ers.tt~,~~iitd~n .~iec~'ess_ ~non ~ 1-A.2d A Provide required warning signage at each street entry to the parking lots. 1-A.1, A Provide (1) additional "Van Accessible" reserved pazking stall with 2a,b,c, required markings and signage closest to the accessible entrance. l0a 1-A.lOa A Re-mark or relocate (2) existing designated parking stalls to provide access aisle mazkin s on the assen er side. 2-A.lc,d A Provide 60" minimum wide by 24' minimum long passenger loading zone markin s ad'acent to walkwa from arkin area. 4-C.la,b A Provide 36" minimum wide detectable warning strip at end of walkwa ad'acent to azkin area traf~ic lane. 5-A.9a-h B Provide handrails at each side of ramped exterior walkway adjacent to buildin from azkin area and re air section u lifted b tree roots. 6-A.1 A Provide 2" minimum wide indicator stripe at all stair tread nosings at all 5 exterior stairwa s. . 6-A.6e B 'Provide 1'/a" to 1'/z" diameter handrails at all e~erior stairwa s. 17 A 2 A Provide accessible facilities and entrance si a e at bu~ldm ent a r -f~ $ x r -I":~.~, i:3 -w'~.~ ~ ~ Commeu~ :Cen~erl _Womere's_~Iub BaFnersta:Ser~ees non ~ 14-6.c A Adjust drinking fountain bubbler to direct water flow to at least 4" hi . 14-8 A Replace drinking fountain control with button or lever to comply with standards. 15-A. A Equip public telephone with volume control and Telecommunications 3-Sa Dis la Device TDD and identi with com 1' si s. 18-A.4e A Adjust or replace door closer between auditorium and restroom corridor to o erafin effort of 5 ounds of force maximum. 19-A.1 No Cost Remove portable coat rack in comdor to provide width of 44" minimum. 17-A.3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional signage as required. ~ C.1-4 20_~ B Provide 48" wide portable or permanent 1:12 maximum slope ramp 31-C.2 with handrails to rovide accessible route to sta e latform. 31-D.1a- B Provide assisted listening system with minimum (2) receivers and ~ - signage to notify patrons of the system. 4 SURVEY COST ACTION REQiJIRED ID # CATEGORY _ Gommu~i~y Genter,~'t~Yomen's G1ub;~~,Ba~r~ers to ~estrooms ~P~an~ :i-,~ ~ ~ . _ . ~ ~'.!4- ~ . ~ ~ T~ £ ' _.Y ~?2 { ~ ~ ~i~~ l ~ ~~'h-~d~~~ ~ '~"a ~`i.~ ~ iVlea s .anct 1~Qme~_ s _~estr~or~s ~ ~ g~.~ _ _ . . _ _ . . 25-A.1 A Provide a ro riate restroom si a e. 25- A Remove knee space restricting panel below sink counter and insulate B3d, the hot water and drain i es. 25-B.3f A Re lace sink faucet with lever or similar e faucet. 25-B.7 B Provide visual fire alarms to com 1 with standards. 25-C.2 A Replace accessible stall doors with 32" minimum clear width with handle and latch to com 1 with standards. - ~ = ~ ~ ~ ~ : _ ~ - ~ ~'ar~CS~anc~ Recreafion D . t: - 3 St~ 5... E~rn, ~t~ Bafr~ers`~o ~a~~iTm ~ ~ . ~n _ at._.._ i~~ _ ~ 1-A2d A Provide required warning signage at each street entry to the parking lots. 1-A.l, A Provide (1) additional "Van Accessible" reserved parking stall with 2a,b,c, required markings and signage closest to the accessible entrance. l0a 1-A.lOa A Re-mark or relocate existing designated parking stalls to provide access aisle markin s~on the assen er side. 5-1-11 B At front entry, provide 48" wide exterior ramp with maximum slope of 1:12 with handrails and 60" s uare landin s at each end. 6-A.1, A Provide 2" wide indicator stripe at all tread nosings and return 5,6d,k handrail ends to osts. 18 A 1 B Modi ent door thresholds to com 1 wrth standards ~ ~ _ t - ~ Parks;a~tdRecreation D t; Bamers to sernces nont _2 ' x 3~`_~~~ I S-A. A Equip public telephone with volume control and Telecommunications 3-Sa Dis la Device TDD and identi with com 1' si s. _ 14-A.1-8 B Re lace drinkin fountain to com 1 with standards. 17-A.3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional signage as required. C 1-4 Parks aIId Recreation Dept , Bamers to Res~roQms (Pnortty 3~~ ~ ~ ~z ' _ ..t ~ ~ B F. ~i& _ - ~ _ _ ~ 3~~_.. ~ ~ , . 1VIen s;:and.~rYomen s Restraams ~,~_i ~ ~ ~ fl . : , . . . . 25-A.1 A Provide a ro riate restroom si a e. 25-A.6b A-B Modify or remove inner door to provide 18" minimum strike-edge clearance. 25-B.3c,f A Raise sink to provide 29" minimum height beneath and replace faucet with lever or similar e faucet. 25-B.6 A Lower or remove urinal to be mounted 17" maximum from floor to the li . 25-B.4 A Lower mirror to be mounted 40" maximum from bottom oFreflecting surface to the floor. 25-C.4b, A Remove toilet stall partitions to provide minimum width and 5, l0a-i clearance and provide rear and side grab bars to comply with standards. 25-C.9 A Lower seat cover dispenser to 40" maximum above the floor. 5 SURVEY COST ACTION REQi.TIRED ID # CATEGORY Pi~~ice Ae z~en 2t~0 N Ha1c oin;~Banierg ta~;B~ulc~ Access~ _~,on I~~~~~ 1-A.2d A Provide required warning signage at each street entry to the pazking lots. . 1-A.1, A Provide (1) additional "Van Accessible" reserved parking stall with 2a,b,c, required markings and signage closest to the accessible entrance. l0a 6-A.1 A Provide 2" wide indicator stri e at the nosin of all treads. 6-A.6b,d A Extend existing handrails 12" beyond the top riser and 1 tread width beyond the bottom riser plus 12". The 12" extension at the bottom of the stur to be arallel to the ound surface . Pal~ce De ~ e . Bainecs'_tia Serv~i~e~.. _ t on ~ ~'~~~~4i ~ ~ ' - ~ , 15-A. A Equip public telephone with volume control and Telecommunications , 3-Sa Dis la Device TDD and idenf with com 1'n si s. 17-A.3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional signage as required. C.1-4 ~~OII.C~ ~~~t #111~~, ~~LZI~'S ~E? ,~'~Ct)O1nSr QT~t~,~ ~ b ~T - =r=: ~ : _ ~ ,f.., 3~-~= y LL ; ~ N~e~~s. ~esfr~~.o'cker ~t o~ra ~~t~~ r ~ ~ t ~ ~ ~ . i : . _ . . . ~.1. . F . . ..m4~...:. ~i . . ~ _ . : . . . . _ . _ . ~ 25-A.1 A Provide a ro riate restroom si a e. 25-A.Sc A Adjust door closer to provide 3 seconds minimum sweep time from a osition of 70 de ees o en to a osition 3" from closed. 25-A.6b B Modify door and frame to provide a wall with 18" minimum strike- ed e clearance. 25-B.3c, B Modify cabinet below (1) sink to provide 29" minimum high beneath, . " d,e,f 17" minimum deep, 30" min'imum wide and insulate the hot water and drain i es. 25-B.6 A Lower urinal to 17" maximum from the floor to the li. Pohce D,~epartnrrent~ $arnet's to Restrooms on~'(/ ~ ~~`~~~,~~`,~p ~ ~ ~ ~ ~ . n ` i +r.. a~ f ~ 't~~~~~' . ~t . '`°`=~'~~i. .'s . . ~ ~ Sin e~ser~ob Restroo~ i ~ _ _ . _ 25-A.1 A Provide a ro riate restroom si a e. 25- A Adjust door closer to provide 3 second minimum sweep time and A.Sc,d o eratin effort not to exceed 5 ounds offorce. ; e~ artr~ent~ ~,40 ~'~af~'i~ W a , ~3~ers f~ ~ti~~da'~~"' sroni ~n _ _ ~ ~ ~ : 1-A.2d A Provide required warning signage at each street entry to the pazlung lots. 1-Ac, A Designate a"Van Accessible" reserved space closest to the accessible • 3,10a building entrance with adjacent 96" wide access aisle on the ~ passenger side. Provide markings and signage fo comply with standards. ~ 3-A. A At curb ramp, provide 12" wide grooved border on the sidewalk 11,12 surface and detectable warnings extending width and length of the walkin~ surface of the curb ram . 18-A.2, B Modify front entry door to provide 32" minimum clear opening ~ 4c,d,e width, adjust closer to provide 3 second minimum sweep time and 8.5 ~ pounds maximum operating effort and either panic hazdwaze or a ro riate si na e. 6 ~ SURVEY COST ACTION REQI.TgtED ID# CATEGORY ; ~ ; :F~eDe art~ie~ ~ai~r~e~stQ Serviees - ont _2 ~ ~ ~ - _ ~ , 17-A.3, A Provide permanent identification of rooms/spaces signage and ~ B.1-6, informationaUdirectional signage as required. C.1-4 _ . Fue De ar~m Bainecs~t~ Restrc>oms:: ~ton 3 ~3~ ~ d: ~ - * gE~ . _ _ o . _ . 25-A I A Provide a ro riate restroom si a e. 25-A.Sb A Provide door hardware and toilet stall hardware that is operable by a sin e effort with no as in , inchin or wrist movement. 25-B.3 A Insulate hot water and drain i es beneath the sinks. 25-B.5 A Relocate towel dis enser to 40" maximum above the floor. 30-B.3b A Provide eating table with 2T' minimum distance between floor and underside of table. 30-D. B Provide kitchen sink, counter and space beneath sink to comply with 1 a- standazds. Insulate sink hot water and drain i es. : - _ bl~~ _ Pe~ -~'ai .ksll.V~'auitenance=YaFd ;~37~ As~.~t ~Bainers ta B~lc~ s~ ° - ~ . _ 25-A.1 A Provide a ro riate restroom si a e. 1-A.2a, A Provide (2) designated reserved parking stalls with "Van Accessible" b,c, l0a signage, international symbol markings and 96" wide access aisle between stalls ad'acent to the font accessible entrance. 18-A.1, B Modify front accessible entrance door to provide accessible handle 4b,c,d and lever, panic hardware or appropriate signage, threshold'/~" ~ maximum height and adjust door closer to 3 second minimum sweep time. , . Pubhc ~Varksfl~a~ntenance~Yar Bamers ~o Se~ces,; ~ d, non. ~ ~ - 17-A3, A Provide permanent identification of rooms/spaces signage and _ B.1-6, informationaUdirectional signage as required. C.1-4 Pubhe'V~orks/li~aintenance Yard, Bamers ~o,~testsooms ~'nont~ 3~~,~ ~`~`~'s ~ : ~ _ ~A ~ f~~~ ~ ~ u~ ~ Malt~ l~VserRestTOOms ~ , ~ ~ ~ . . _ . ~ , . _ , ~ _ . . i..~ r_'u..._..:r~ . . 25 C Provide entire accessible multiple user restrooms and appropriate si a e to com 1 with standards. _ , Soti~Gou~n :~sto~icaf Soc~ . , 126-5 ~ason~:.St §~Bar~€e~~~ia~ut~c~~i ....._o~: ~1 " 1,2,3,4,5 D Provide entire accessible parking, drives, sidewalks, signage, ramps, etc. to com 1 with standards. 18-A.4b,c A Modify front accessible entrance door to provide accessible handle and lever and a ro riate si a e. ~ ~ ~ . ~Sou~~Gc~i~n ;H~storica~ Socx . Barrters ta Sei~ce~ ' r~o ~ ~ : ~ ~ ~ 17-A.3, A Provide permanent identification of rooms/spaces signage and B.1-6, informationaUdirectional signage as required. C.1-4 . . South Cou Histor~cat Socr Barners fo Restroo~s riii , r, . ,:r ~ ~ ' 26 C Provide entire accessible restrooms and signage. . ~ SURVEY COST ACTION REQUIRED ID# CATEGORY . ~ : _ Sc?to S ? ~ts.Gom le~ I2'~5 As~i'St l3ainers_to ~ac~."~'~es.. not~ : 1-A.2d A Provide required warning signage at each street entry to the parking lots. 1-A 1, A Re-mark to provide a minimum of (5) total designated pazking stalls, 2a,b,c,8, including (11 "Van Accessible" stall with required markings and 9,10a si a e closest to the accessible entrance. 6-A6a-f A At stairs leading to bleachers, provide handrailings in compliance with standazds. 12-A.1-3 A At main baseball field, adjacent to walkway leading to snack bar, . rovide viewin area with 6" hi curbs. 3-A.11, A At the restroom curb ramps, provide detectable warnings extending 12 the full width and len h of walkin surface. 17-A.2 A Provide accessible facilities and entrance signage at restroom entries. 25 A 1 ~ :~E~tO.~ cF~C~ ~Oi~ leX, $ame~S tQ $e1V'iG~s _~Ck ~ , _ .~,~~.~t~ ~ ~ ~ 8-A.1-4 A At snack bar, provide at least one accessible counter in compliance with standards. 15-A. A Equip public telephone with volume control and Telecommunications 3 Sa Dis la Device TDD and ident~ vv~th com 1 si s _ ~ ~3. : ~rr ~"~4'~Z~,''?7"w'a~-„~T~9~ .u~ ;~oto. S~ _ rts GoFri lex, Barne~s tQ R~oo~ns. rtont . 3 . . . _ 25- A Raise sinks to provide 29" minimum height clear space beneath and B.3,c,f lever or similar e fauscets. 25-B.6 A Lower men's restroom urinal to 17" maximum height from the floor to the li . 25-C:8 A Lower toilet a er dis enser to 40" mazlmum hei t from the floor : j ~i : ' - • ~ ~'!F ~ 4 ~ 33-A~'E~ ~3r.~ E~m Street Parlc, -~54 Elm~St,:Bainers~to Facilit~es no~.. ~ ~ . ~ 1-A.2d A Provide required warning signage at each street entry to the parking lots. 1-A.2a, A Provide (1) designated reserved parking stalls with "Van Accessible" b,c,l0a, signage, international symbol markings and 96" wide access aisle between stalls ad'acent to the front accessible entrance. 1-A.lOa A Re-mark or relocate (1) existing designated parking stalls to provide access aisle markin s on the assen er side. 4-A.2 A At walkways, provide passing spaces at least every 200 feet when walkwa is less than 60" wide. 7-B.1-3 A At barbecue grill, provide grill surface between 28" to 34" from the round and accessible surfacin leadin to 'll. 11- B At play equipment area, provide accessible route to each different A.B,C,D . la activi rovided in the la azea. 14 A 1 8 A Provide dnnkin founta~n in com hance v~nth standards or remove - ' a f.. . t ~ ~ ~ ~ . * , _ d~a~~k~c StrQther ~orrim ' Park; ~ 150;Huasiia Rd ;Bamers to,Faecl~ttes,, ~on ~l _ ~ „ ~ : 1-A.Zd A Provide required warning signage at each street entry to the parking ~ ~ lots. 1-A.2a, A Provide (2) designated reserved parking stalls with "Van Accessible" b,c, l0a signage, international symbol markings and 96" wide minimum access aisle between stalls ad'acent to the front accessible entrance. 8 SURVEY COST ACTION REQUIRED ID# CATEGORY _ 3-A 11, A At the restroom c~urb ramps, provide detectable warnings extending 12 ~ the full width and len of walkin surface. 6-A.1 A At Picnic Area exterior stairway, provide grating having openings smallet than'/z". . , - _ _ . 4 . ' _ F . 0 ~R~LTAI_ : . ' 8~t1 - _ :Ql~ 25-A 1 A Provide a ro ~ riate restroom si e. 25-B.f A Provide lever or similar e fauscets. 25-C.8 ~ A Lower toilet a r d' er to 40" maximum hei t form the floor. 25-C.1 A At women's restroom, provide handle and latch in compliance with standazds. 9 ATTACHMENT 3 ~ COUNCIL CHAMBERS/ADA COMPLIANCE PROJECT • Authorization to Solicit Bids May 25, 1999 ~ ~ • Distribute Bid Proposals May 26, 1999 • Council Award of Bid June 8, 1999 • Notice to Proceed June 9, 1999 • Project Completion August 9, 1999 9.e. ~ pRROVO ° ~ INCOR~OAATED ~Z M E M O RAN D U M ~~v T * JUIY 10, 1811 * c~~~FORN~P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, FINANCE DIRECTOR SUBJECT: CONFIRMATION OF ASSESSMENTS DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council: • Adopt a resolution confirming landscaping assessment for all parcels within Tract 1158; • Adopt a resolution confirming landscaping and lighting assessment for all parcels within Tract 1769. FUNDING: The San Luis Obispo County charge to collect the assessments on the tax roll is paid by the lot owners as part of the assessment. Therefore, 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 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. As long as the assessment rates and methodology remain the same, this assessment complies with the provisions of Proposition 218. 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 a$60 per parcel City charge (for a total of $4,200) for this service. This assessment complies with the provision of Proposition 218. 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. 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 560 in exchange for the City's agreement to provide said maintenance services; and, WHEREAS, the proposed assessment complies with the provisions of Proposition 218. 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 and incorporated herein. 2. That the assessments 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 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 , 1999. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ~ ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~L~; L. t~-^ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY INPUT DOCUMENT A - Add C - Change . D - Delete ~1-4) (5-13~ (1424 Fun Number Assessment umber Tax ChaTge ~ ~ 5 I U1~1~1~1~13 Iolol 1 I ~ I~I ~ I~~olol U lal~l7l~1~131~1~121 I~ W L~I Ial~l~l al5"I31°I °I~ I W (.~j I ol~l?I a IsI3I~ IGlyi W U I ~I~I'71 ~ISI ~I~I~I51 W U I~I?1~1~1~131~1a1~1 W ~I I~I~I~I ~Isl~l~l~ I~I W U I vl ~l~ l~- Is131G 1~ 181 W ~ I ~I ~I ~I~ ISI 310l~ 19 I W ~ I GI71~ 1~ 151~1 al~ lol W ~ ~v ~~i~~a ~s i3~~ i~ ~ W U lol~l~l~-Isi3l~l~l~l W U I~I~I7lalsl3lal~ I3I l.~i LJ ~ a ~ s ~ 3 ~ U ~y ~ L-L--1 U 10171~1a 1~131~ I' Isl W IoI~I~I~I--5I31oIr I6I W U Ia1~l71alsi~l~l~ I~I W IGI~I~I als I31~i j l~l W I~I~I~I als131~1 ~Iql W l~ll ~a~~~~~a ~S~3~G ~Z~~~ W U Ic~l~i'~lal~l3lol~i~i W (A~ ~I~'1~1~1~15131~12121 I I I I I I I W U U.~~~ ~G~~~~~~~'S~3~°~~131 I I/141~~~1~1 Grand Total Count Amount DepdDis City H~~oyo G~A-~11JE Contact Person ~R~E~ ~~u~~~DT Phone `~~3'S~ 3 0 MASTER -1~'IAKE EXTRA? COPIES PAGE / OF ~ taac\dataentry.dc2 INPUT DOCUMENT A-Add C - Change D - Delete ~1-4) (5-13~ (14-24) Fun Number Assessment umber Tax Charge U 5 I vl~I~ialsl3 l0121y I i I1 I~ p~aI ol ~U I~I ~I ~I ~ I sl 31o I~I sl L I I I I I I W U I~ I~I ~I~ IS 1310121 ~I I I I I I I I W (vl~l~l~ls13161a171 I I I I I I I W U I a I~ I~ I~ Is I~ I~ 12 I~ I I I I I i I I L_1_1 j.A~ IvI~171~1sl~lolzl~'I I I I I I I I W (~1 ~l I~I~ .151 (~I?I~I 21s131~131~ I L I 110l010lo I W L I I I I I I I I I I L I I I I I I W L.._J I~ I I 1____J I I I I i I I I I I I I I I I I I W U IIIIIIIIIIIIIIIII W I-I L I I I~ l I I I I I I I I I I I i i i I I W U J I I I I I I I I I I I I I I I I i W LJ I I I_.LJ I I I I I I( I I I I I i I I I I W U L~.( I I I I I I I I I I I I I I I I I I I W - - I I I I I I I I I I I I i I I I I W U (IIIIIIIIIIIIIIII W U llllllllllllillll W ~I I I I I I I I I I I I~ I I I I i I I I I W U IIII(IIIIiIIIIIII W I I I I I I I I I I I I I I I I I L~J l i I I I I I I I i L I I I I I I W U(.~W ~ I I i I i I I I I i L I i I I I I W ~..I J I i I I I I I I I I I I I I I I i W Grand Total Count O Amount ~.3, 4a n, b u DepdDis City ~21~ o Y U(~ Y2 ~F~D ~ Contact Person SF} NET ~c. ~ t Phone `~73' S~3v MASTER -1~ZAKE EXTRA COPIES PAGE ~ O F = taz\dataentry.dc2 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING AND UGHTING 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 homesites 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 53,000 (5100 per assessable parcel) for Landscaping and Lighting Assessment District No. 1 for the Fiscal Year 1998-99; and, WHEREAS, the proposed assessment complies with the provisions of Proposition 218. 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 and incorporated herein. 2. That the assessments 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 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 , 1999. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: L. f-~...~..~-- ; ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY INPUT DOCUMENT A - ~aa C - Change D - Delete ~1-4) (5-13~ (14-24) Fun Number Assessment umber ~ Tax Charge ~ ~ 7~ ~ ~~7 ~ 3 ~ I~~ G~ o~ W L~I I ~I~ ~3 ~U ~z~ W U I v I ~ I'~ I~ I-31~ I ~ I 31 L_1. W U L~ I D I'? I~ I ~ I 3I ~ I~ I y I (_(_1 U I~I GI`717 171-~I~ I ols I W I~I~I?I ~ 1~131~ I~ I~I W U I~IG I°~ I ~ I ~131G1~ I ~1 W ; U Iol~l~l ? 1~131~ I~ I81 W ~ ' I ol~l?I ~ 1~13 I~I~ 191 W U I~I~I'7171~131v1~161 W U 1~1~171~ 1~131o1/I~ I W U I Ui~ I~ I'7 I~I-~ I~ I ~ I~ I W U I~I ~ I 71 ~ 171.~ lo I/ I~ I W U I~I~I~I ~17131~1 i I~I ~ . W U ~ ~a1~171~1~1~lvl~l~l W Ivi~ I~I~ 1~131~1~ I~ I W I~ I~ I ~ I 7 I 7 I 3 I~ If U Ioiv I'~i ~ 1~131v1~ 181 W U IbI~171~I~131~11I~I W ~ IaI~I7I~I~I3IUI~-I~I l~l_ U I ol~ I~ I~ I 7131G l a-I ~ I W I I I 1_1 ~ I ~ i~ 17 I'~ I~ I~ I ~ I~ I~ I W ~ ° I 7 I~ i~ I 3 I~ I~ 13 I I I I~ I o•l ola I L__L~ Grand Total Count Amount DepdDis ity A~~-~~~ ~i y~E _ Contact Person ~J~An~6y /~uc~l~~~i Phone ~~s' ~~3"Sy3d MASTER - MAKE EXTRA COPIES PAGE OF ~ tax\dataentry.dc2 INPUT DOCUMENT A - Add C - Change . D - Uelcte ~1-4) (5-13~ (14-24) Fun Number Assessment umber Tax Charge ~ I a I a I~ 17 I~I Iv 12~1 N I I i I~ID~ ol~ I W (..L~.) 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COPIES PAGE ~ OF ~ tax\dataentry.dc2 ~ INPU(' UOCUNll~,N'1' n - n~Id - Ch~ngc I) - I)CICIC (~-a~ c~-~3) ~ (14-24) Fnnd Number Asscssmerat Ntnnb r Tax Cl?argc (~J l__~_l'~i~i~l I ol~l~l~l~l `~I~I~I~I I i I~loa~l~l I~U (,4J I~I~I~I~i~l`-fl~l~l~i W ~ ~ G 1~ 171`fl~l~l~'I W (~I I ~I U I'1 i~ I'71 ~-f l ~ l~ ~ l 91 W (_l I~lo I~ I'? 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HERNANDEZ, DIRECTOR PARKS AND RECREATION ~ SUBJECT: POLICY LANGUAGE FOR USE OF PARKS AND RECREATION FACILITiES DATE: JUNE 8, 1999 RECOMMENDATION: The Parks and Recreation Commission recommends that the City establish a policy regarding the rental of City parks and recreation facilities. FUNDING: A reduction in revenues may occur as a result of the proposed rental policy. Estimates based on three year past history of long term rentals would amount to a loss of approximately $1,400 annually. A cost of approximately $200 will be required for printing new rental forms. This cost can be accommodated with the current Parks and Recreation budget. ~ DISCUSSION: To ensure the use of City recreation facilities is consistent with the mission of the City's Parks and Recreation Department, the Parks and Recreation Commission at its May 12th meeting recommended a policy for facility rentals be established. tf adopted, the policy wvuld limit long-term rentals of facilities and prohibit business uses (such as political fundraising events) that are not consistent with the Department's mission. Limiting long-term rentals would increase the availability of recreation facilities and . therefore meet the needs of a greater segment of the community. In addition, the City has no policy defining facility uses. Establishing such a policy where none currently exists ensures uses by groups or organizations that are in concert with the mission of the Department. The following is proposed language for such a policy statement to be included in all future rental agreements: "Rental of City of Arroyo Grande Parks and Recreation facilities shall be ~consistent with the mission of the Parks and Recreation Department. The Department's mission is to provide high quality recreational and leisure service oriented activities and programs. Rental of the Elm Street Community Center or the City of Arroyo Grande and Woman's Club Community Center for longer than a one (1) year period of time will require City Council approval." STAFF REPORT: POLICY LANGUAGE FOR USE OF PARKS AND RECREATION FACILITIES JUNE 8, 1999 PAGE 2 Alternatives: The following alternatives are provided for the Council's consideration: . Approve the Parks and Recreation Commission's recommendation; . Do not approve the Parks and Recreation Commission's recommendation; . Modify as appropriate and approve the Parks and Recreation Commission's recommendation; or . Provide direction to staff. S:~StaffRpt ~Policy-FacRentalJun8.99 PARKS AND RECREATION COMMISSION MINUTES WEDNESDAY; MAY 12, 1999 PAGE 2 8. NEW BUSINESS: A. FEE WAIVER REQUEST FOR USE OF A GROUP BARBECUE AREA AT STROTHER PARK - EQUAL SINGLES 60+: Dorothy Gardner, 383 Walnut, Arroyo Grande, President of Equal Singles 60+, gave a brief overview of the organization's request and noted the non-profit organization would be using a group barbecue area at Strother Park from 11:30 a.m. - 2:00 p.m. Brief discussion was held the regarding the possibility of switching the organization's scheduled date for the potluck to another day of the week, the last day of school for the Lucia Mar School District occurring on the same date, with classes at the high school being dismissed at 12 noon, and the organization not meeting all of the criteria for a fee waiver. ti : Upon motion of Commissioners Martin/Brown (Commissioners Martin, Brown, Vice Chair Borgman, and Chair Storton voting aye; Commissioner Lozano absent), the request for a fee waiver for use of the group barbecue area at StrotheG Park was denied. ~ B. POLIGY LANGUAGE FOR USE OF PARKS AND RE REATION FACILITIES: Director Hernandez reviewed the proposed policy language for use of parks and recreation facilities noting most cities have similar policies in place. Upon question, Director Hernandez responded a church organization currently has an agreement to use the Elm Street Community Center through the rest of this calendar year. Brief discussion was held regarding fee waiver requests, stricter scrutiny at the staff level of requests coming before the Commission, and additional information given to organizations regarding guidelines for fee waiver requests being granted. Action: Upon motion of Commissioners Martin/Brown (Commissioners Martin, Brown, Vice Chair Borgman, and Chair Storton voting aye; Commissioner Lozano absent) the policy language for use of parks and recreation facilities was recommended for approval. Staff will prepare a report and present it to the City Council for final approval. 9. COMMISSION/STAFF COMMENTS: A. ,~OINT CITY COUNCIL MEETING THURSDAY MAY 13 1999 REGARDING CONSOLIDATION OF SOUTH COUNTY PARKS AND RECREATION SERVICES: Director Hernandez reported that he would be , attending the Joint City Councils meeting regarding delivery of parks and recreation services and that no decisions on consolidation were to be made at that meeting. Commissioners were welcome to attend; however, Director Hernandez would be giving a report at the June Commission meeting. B. CHAIR STORTON: Chair Storton reported a bill before the State regarding ' bonds being issued to fund City park development from the Public Resources Commission. Chair Storton suggested letters to be sent to local legislators voicing the Commission's support of the bill. C. COMMISSIONER MARTIN: Commissioner Martin requested to have the unsightly weeds trimmed at the former Wayside Park area and noted pedestrians have been using the area even though no pedestrian walkway exists on that portion of the street. Since this intersection is a major entrance to the City, it should be an attractive reflection of the community. Commissioner Martin also reported that youth sports groups using the Soto Sports Complex had heard that a registered sex offender was loitering near the Complex and parents were concerned. Commissioner Martin also stated how pleased she was with the appearance of the new Don Roberts field. Upon question, Director Hernandez reported slat RENTAL AGREEMENT FOR CONTINUING USES CITY OF ARROYO GRANDE AND WOMAN'S CLUB COMMUNITY CENTER 211 VERNON STREET, ARROYO GRANDE, CA MAILING ADDRESS: P. O. BOX 550, ARROYO GRANDE CA 93421 473-5482 OR 473-5474 1. Name of Organization : 2. Nonprofit Tax I.D. No : (Please attach a copy of Certificate) 3. Representative's Name: Address: Street City Zip Code Phone No. (Home):________________ ___(Work) - 4. Date(s) Facility is Requested_________~___ Monthly Weekly - - - 5. Time(s) Facility is Requested: From:______________~, To: 6. Room(s) Requested: Small Room______ Large Room___Y_ BBp Kitchen Entire Hall ~ ' 7. Purpose of Use: (Meeting, Seminar, Workshop, Dinner, Other) 8. Approximate number of people attending: (Maximum Capacity 225) 9. Will alcohol be served or brought by guests? Yes No NOTE: It Is illegal to have alcohol on the Community Center premises without meeting necessary insurance requirements. 10. Will music be played? Yes No Live D. J. Stereo 11. General Rules: a. Lessee is responsible for the set-up and clean-up for its activity. initial b. Lessee shall not use nails, staples, tacks or tape on the walls. initial c. Lessee understands that they must clean and vacate premises by 2:00 a.m. initial ~ d. Lessee understands there is no smoking allowed inside the huilding. initial e. Lessee understands that they are responsible for the conduct of their guests and that they will be held liabte for any damages done by themselves, their guests or representatives. initial f. Lessee understands that the City of Arroyo Grande scheduling has priority and reservations are subject to re-scheduling or cancellation. (All attempts are made to avoid this). initial g. If a reservation is cancelled more than a month in advance, then a full refund will be made. If a reservation Is cancelled less than one month in advance, then $50.00 wfll be deducted and any balance will be refunded. initial 12. Lessee agrees to a rental fee of $ 13. Lessee agrees to a cleaning and damage deposit of 14. Lessee agrees to a building supervision Tee of _per hour (billed monthly). 15. Lessee agrees to a Non-resident fee of $ ALL CHECKS SHOULD BE MADE PAYABLE TO THE CITY OF ARROYO GRANDE. MAILING ADDRESS: P. O. BOX 550, ARROYO GRANDE, CA 93421. I, the undersigned, have read and initialed all of the above rules and agree to the terms of this Rental Agreement: Signature--------------------------------------- Date: FOR OFFICIAL USE: Rental Amount: Date Received: Deposit Amount:_________________ Date Received: Non-Resident Fee Amount: Date Received: ~ PaROro 9.g. ° ~p ~ INCORGORA7ED ~Z " ^ MEMORANDUM ~c ,ru~v ~o, ,e,~ ,f c4~~FORN~P TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR PARKS AND RECREATION~ SUBJECT: FEE WAIVER REQUEST - ARROYO GRANDE LIONS CLUB DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council approve the request from the Arroyo Grande Lions Club for a waiver of the rental fee for use of the City of Arroyo Grande and Woman's Club Community Center. FUNDING: Waiver of the rental fee would result in a reduction in revenue of $250 for Fiscal Year 1999-2000. DISCUSSION: The Lions Club of Arroyo Grande is requesting that the City waive the $250 rental fee for use of the City of Arroyo Grande and Woman's Club Community Center on Saturday, October 9, 1999. The organization wilt use the facility from 10:00 a.m. - 11:00 p.m. for its 50th Anniversary Charter Night. Full day fees of $250 are for Friday-Sunday rentals. The Arroyo Grande Lions Club is a non-profit organization and meets five (5) of the criteria for a reduction or waiver of fees (Attachment 1). Fifty percent of its membership consists of residents from Arroyo Grande. In addition, the organization purchases turkeys and prizes for the Annual Parks and Recreation Department's Turkey Trot Fun Run and prepares, serves, and assists with the clean up of the barbecue dinner for the Annual Parks and Recreation Department's Volunteer Appreciation Dinner. In 1997, the Council waived the yearly supervision fee of $260 for the Lions Club's bi-monthly meetings. Calculation of Costs: Current fees charqed to user Qroups: Rental Fee Per Day - $250. Actuaf costs to the Citv: $47.81 per hour x 13 hours =$621.53 (Attachment 2- Cost Analysis Worksheet) Altematives: The foltowing altematives are provided for the Councit's consideration: - Approve staff s recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff s recommendation; or - Provide direction to staff. S:1StaffRpt~FeeWaiverLionsClubJun8.99 ~oyo G~a~ c~ty co~~ii ~y i i, 1999 P. O. Box 550 Arroyo Grande, CA 93421 Dear Sirs, The Arroyo Grande Lions Club wiil be using the Arroyo Grande Community Building on Vernon Street to hold its 50~' Anniversary Charter Night, on October 9, 1999. We are requesting that the $250.00 fee for the use of the building be waived. We have included our membership roster, as well as a statement of the money spent on purchasing eye examinadons and eyeglasses for children in the South County in the past one and a half years, to support our claim for fee waiver or reduction. We purchase the turkeys, chickens and Cornish game hens which are given as prizes in the annual Parks and Recreation Turkey Trot. We also barbacue for the Parks and Recreation Volunteer Recognition dinner, and this year it required 73 man-hours of labor. Thank you for your consideration .e~!" Kenneth R Levine DVM 1425 Hillctest Drive Arroyo Grande, CA 93420 489-7323 ATTACHMENT 1 ~ ~ fd~7-~7y..2 ~ ;~eti -~323 C~N OF ARROYO GRANDE S~ - l ~'P~ c^^`x~~~~ - FEE WAIVER OR REDUCTION ~ITERIA FOF~M Name: ?^o^ v ~ o~~ Address: /3e27 l~eks~~ Ctt'~hone#: 3~3"~~`~~ f Type of Fee Reque~d/ to ¢e Waived: ,,~6~ u St Total Fee Amt To Be Considered: $ vZ S~ f t~ C ~e N' ~ , ~ e CA °I3~I . WAIVER OF FEES: Ail groups/organizations/sponsors requesting a~iver of fees must submit a completed Fes Waiver or Reduction Criteria Form with a letter stating: (a) the facility requested, (b) event, (c) which fees should be waived, and (d) verification of infoRnation requested on the criteria form (e.g., organization donates 50°/a of its budget-supporting programs in the Five Cities area). Please include all additional information on a separate sheet of paper along with your letter of request. All forms and letters should be submitted to the Parks and Recreation Office and addressed: For Requests for Fees Totalin4 5200 or Less: For Repuests for Fees Totalino 5201 or More: Parics and Recreation Commission Arroyo Grande City Council c/o Parks and Recreation Office Attention: City Clerk Post Office Box 550 Post Office Box 550 1221 Ash Street 214 East Branch Street Arroyo Grande, CA 93421 Arroyo Gran~e, CA 93421 Chec below each item that a lies to our rou or o anization: y 3'7„2 J cv rovide I.D. number). 1. Local Arroyo Grande-based non-profit group or organization # (P "Local" is defined as 50% membership from the City of Arroyo Grande. 2. Non-profit group/organization services youth only, ages 6- 18; and no specific program fees are charged youth (other than registration fee). Number of youtfi served: . Registration fee charged to youth: V 3. The rou /organization donates 50% of its budget supporting programs/activities within the City of Arroyo 9 P Grande or th^e Five Cities area. Exa~m/p' es/~ of lprogramsf cti1viti/$_s~ supported: /T G', t ~?^o - ~eW t.] I..e c/ s~ r~ T G~-/ ~ ~f~V'~.'IGYl+t/s~ G , - ~ ~g Y .~r.,.~ oH ~-s s~ s So f-L. y V 4. The facility/activity requested and afl proceeds will be used for a specific City of Arroyo Grande/Five Cities area ublic proj ct, benefit, or cause. Example of specific service/project: ee ~ v~~. 5. The event proposed is open to the public, and the organization/sponsor is not requesting a donation or charging a fee for entry or to participants (vendors, speakers, etc.). 6. Group or organization provides a arly/ dona,~°n(equi ment, monetary, services-in-kind) to the City of Arroyo Grande. Specific donation: ~^~/~'b~-`~ . Date of donation: ~q~ ~3 hou,?^ ' 7. Mid-week or shared scheduling of facility. The group has requested a date during the week (Monday - Thursday), and another organization will be meeting at the same time. ~ TOTAL NUMBER OF CRITERIA ITEMS WHICH APPLY. QUALIFICATIONS: Groups meeting criteria items 1- 7 above score 1 point each. A score of 5 or more points qualifies a group for a waiv~r or reduction of fees. DETERMINATION: All requests for the reduction or waiver of fees that require a Public S2fety and Welfare Permit or Police Department Auxiliary Police Services (e.g., fess established by City Ordinance or Resolution) are appealed directty to the City Council. Field rental fees (excluding tournaments, lighting, and field preps) shall be waived for all youth sport activities scoring five (5) points or more on a fully completed Fee Waive~ or Reduetion Criteria Form. "Youth sport activities" shall be defined as any league/team roster having members under the age of 18, with the exception that a maximum of three (3) members may be 18 or older, at the time the roster is submitted to the Parks and Recreation Department. FOR FEES TOTALING 5200 OR LESS FOR USE OF A CITY FACILITY: Waiver or reduction of the fees can be approved by the Parks and Recreation Commission. All decisions made by the Parks and Recreation Commission can be appealed to the City Council. FOR FEES TOTALING 201 OR MORE FOR USE OF A CITY FACILITY: Waiver or reduction of fees must be approved by the City Council. ~•~forms~FeeWaiver.frm (Revised: 112419~ ATTACHMENT 2 User Fee Determination Cost Analysis Worksheet User Fee Descripdon Fund Program Account Deparane~t~Division Data Woman's Ciub Rental Fee psr day 14 3400 001 Recrea~en Divis~on 2-11-97 $250/$32.00 perhour Descri tion af Service. Demand, Subsid and Other Comments: This fee is beina re~risec :o partially offset the cost incurred by the City to operate, maintain, and staff the Woman's Club Community Center. 22 groups;organizations non-prof'tt and private meet at the center each month. the cost to operate the facil'rty is S47.81 per hour. For groups of 10-225. There is a high demand for use of the facility. Personne! Costs - Rates' Position Hours by P:s.:;m F=_r Unit Tocal Lahor Cost per ~reight Time Fringe Benefils Dept, or Div. Total Burdened Unft of Service La6or Overhead labor CosUHr. Building Coordinator I S 8.07 51.75 23% $226 $12.08 1.0 512•o8 Janitorial (Full Timei S12.78 54.97 23% $2.13 $19.88 1.0 5~9•$$ Building Superviscr 5 6.27 5.52 23% $1.56 $ 8.35 1.0 5 8.35 Total Burdened Personnel Costs Pe~ Unit of Service S~0.31 Material & Rental Costs Cesc:iption Cost Each ~uarr,r,r =.=_sr: Unit Cost Janitorial Supplie=_ - toiiat ~~._r, te~;rels, clezners, can liners 510.83 per day 10. hrs ~1.08 per hour Total Material & Rental Costs per Unit of Service 51.08 Other Costs E ui ment. Buiidin Usa e, Part-time Labor w o Benefits Cescription Cost Each ~uar.,r,: =,aa:ir<c Unit Cost Utilities (gas, electric, gar-.,~ce} S:25 mo. 30 days $10.83 per day 10. hrs 51.08 per hour Total Otfier Costs per Unit of Service 51.08 Fee Com arison Data Jurisdiction Fse per unit More or (Less) than Arroyo Grande's Fee per Unit of Service Total Service Dir~.;t Coss S 42.47 City d Arroyo Grance ~50.00 Clh/-~1VId6 Cen2f21 ~ ~nded by a Dollars Percentage Adminis;ative' S 5.34 ~115I532.A Rate ~ 12.57': S 47.81 Gro~er Beac~ ~ 5a3.75 +St2.so +29% TOTAL SERVICE C~S+/UNIT RECOMMENCE7 F~c S 31.25/532.00 Pismo Beac:, I sto.oo fiS38.75 +SSi R~ommended Fund Subsicy 5 15.81 San Luis Obispo s~.~s +i2.eo +29 i Current Fee Amo~nt S 15.00 Santa Matia l se~.ie +535.93 +sa o Fee Increase (Cac:easa} +S 17.00 Atascadero WA Paso Rohles I 555.00 +523.75 +43 % Morro Bay I sas.so Sta.ze *3~i c:~budgeC.user'~ 2t t User Fee Determination Cost Analysis Worksheet User Fee Description Fund program AccouM Deputrn~ntJDivision Date Woman's Club Rental Deposit 14 3400 001 Recreation Division 2-11-97 Descri tion of Service, Demand, Subsid and Other Comments: This fee is being revised to cover any damage or staff time incurred for the rental of the City of Arroyo Grande and Woman's Club Comunity Center for a one day or muftrday rental. The Community Center is in high demand for event or meeting rental. The deposit fee is refundable. Personne! Costs Rates' Position - •Hours hy ?cs::irn Per Unit Total Labor Cost per StraigM Time Fringe Beneffts Dept. or Div. Total Burdened Und of Service La6or Overhead Labor Cost/Hr. Total Burdened Pe~sonnel Costs Per Unit of Service Material & Rentai Costs Description Cost Each Quan6~r n=Guired Unit Cost Total Material & Rental Costs per Unit at Service Other Costs E ui ment. Buiidin Usa e, Part-time Labor w o Benefits Description Cost Each ~uantirr ~.equired Unit Cost ToW Othe~ Costs pe~ Unit of Service Fee Com arison Data Jurisdiction Fee per unit More or (Less) than Arroyo Grande's Fee per Unit of Service Total Service Dir~; Costs S 0 City of Arroyo Grande 5250.00 Clt}I-Wide GEnEral 8~ Dollars Percantage Admir.istra•~tve' S 0 Rate : 12.57',0 Grover eeach wA TOTAL SERVICE CCSTiUNIT RECOMMENC~7 Fc~ S 250.00 Pismo Beach 5500.00 +5250.00 +100% Recommended Furc Subsidy S 0 San Luis Obispa 5200.00 -550.00 -20% Current Fee Amount S Sa.00 Santa Maria 5300.00 ~$50.00 +20°k Fee Increase (Cerease) 200.00 Atascadera WA Paso Robies 3300,0p ,50.00 +20Y Morro Bay ssoo.oo +szso +ioo% c:~b udg ehu serfee.271 RENTAL AGREEMENT- ONE TIME USE CITY OF ARROYO GRANDE AND WOMAN'S CLUB COMMUNITY CENTER 21 1 Vernon Street, Arroyo Grande, CA Mailing Address: P, O. Box 550, Arroyo Grande CA 93421 473-5482 or 473-5474 S( U ~ 1. Full name of organizat' n/group/lessee ~.^ro yJ C~,•z; H~~z L~Gy S~~c~-~ ~o Address ~3a 7 1s~c,E Cwg C G ~rT < <~z~ Phone _.37~~ / M~~'"'~°r Street l~cM l. e't ~P ~-m k k /=r~;'r~.~ r-/f~ c. Representative's Home Phone ~ _ ~7~~ Z 2. Date(s) facility requested: ~ Time: From /O~o~ to b~ P. M• (enter actual time, including set-up and clean-up, this cannot be changed without approval, do not arrive earlier or leave later than arranged time) 3. Room(s) requested: small room large room (with stage) kitchen entire hall~ 4. Purpose of use (reception,*dance, dinner, other)_ ~h~~- r *Publtc Safety and Welfare Permits may be obtalned from the Arroyo Grande Pollce Department. ` 5. Number of people expected_ ~o~~ r~ [rs S (225 capacity) 6. Wili afcohol be served or brought by guests? yes Y ~o Nota: It Is illegal to hava alcohol on the Community Center premisoa without maat(ng naceasary insuranca requirementa. 7. Will a five band be performing? Yes No ? e. Lessee agrees to a cleaning and damage~~.deposit in tM amount of 9. Lessee agrees to a rental fee of ~ 10. Lessee agrees to a building supervision fe of per hour. 11. Lessee agrees to a Non-Resident fee of ~ All "hecks should be made payable to: City of Arroyo Grande. Mailing Address: P. O. Box 550, Arroyo rande, 93421 12. General Rules: a. Lessee is~sible for the set-up and clean-up for its activity. inibal b. Lessee sh II ot use nails, staples, tacks or tape on the walls. ' ~ initial c. Lessee understands that they must clean and vacate premises by 2 a. m. initia C L d. Lessee under tands there is no smoking allowed inside the building. ~ L initia e. Lessee understands that they are responslbie ror the conduct of their guests and that they will be held liable for an /,a~ ages done by themselves, their guests or representatives. r~ initia~ f. Lessee understands that the City of Arroyo Grande scheduling has priority and reservations e subject to re-scheduling or cancellation. (All attempts are made to avoid this.) 1~~~ ~~~c~ai g. If a reservation is canceled more than a month in advance, then a fuli refund will be made. If a reservation is canceled less than one month before the scheduled event, $125 will be retained. initia L I, the undersigned have read and lnitialed al he above rules and agree to the terms of the Rental Agreement: Signature Date .5~ ~ ~ or offlciel use only: Deposit Amount: $ Date Received: Deposit Amount: $ Date Received: Rental Amount: $ Date Received: Rental Amount: $ Date Received: Non-Resident Fee: $ Date Received: Buiiding Supervision: Total Hours x Fiate - Cfaim date for refund (of deposit) Claim Amount $ a\qenereqcommbldg\rontalep.frm (09Apr87) o~ pRROVOC ~ INCORPOAATE Z ~ ° MEMORANDUM ~c ~u~v ~o, ~e,~ c4~~FORN~P TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR PARKS AND RECREATION ~ SUBJECT: REVISIONS TO L~ASE AGREEAAENTS FOR CITY-OWNED PROPERTY AT 126 SOUTH MASON AND PARCEL FOR SANTA MANUELA SCHOOLHOUSE DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council approve revisions to the Lease Agreements for the property at 126 Mason Street and for the relocation of the Santa Manuela Schoolhouse. FUNDING: There is no impact on the FY 1998-99 or 1999-00 budgets. The Lease Agreements call for a payment of $1 (one dollar) per year for each Lease. Total revenues to the General Fund would be $2 (two dollars) per year for a minimum of 20 years. DISCUSSION: At the April 28, 1998 City Council meeting, the Council stated its interest in making the terms of the Lease for the house on 126 Mason Street and the Lease for the adjacent parcel to be used for the relocation of Santa Manuela School run concurrently. Due to the Leases addressing finro separate issues, the first being a structure and land, the other for the land only, it is not recommended to combine them into one Lease. These Lease Agreements were entered into with the South County Historical Society to preserve structures of historical significance in the City. The Lease terms to the original Lease for 126 South Mason Street (Heritage House) signed June 1, 1997, will be revised to coincide with the terms in the Lease Agreement adopted by the Council on November 24, 1998 for the adjacent parcel that will be the future location of the Santa Manuela Schoolhouse. Both Leases will now run concurrently. Staff is recommending the Lease Agreement for the relocation of Santa Manuela School be amended to show the location as Lot 2 of Block 6 of the Short, Mason, and Whiteley Subdivision (Exhibit A). The current Lease identifies Lot 1 for the school. Recent research has shown that a substantial portion of Lot 1 is currently unusable since it has eroded into the creek in the period of time since the parcel map was created over 50 years ago. A detailed engineering study would be. required to determine long term stability of Lot 1. Based on the aforementioned, staff is recommending the house be placed on Lot 2(Attachment 2). STAFF REPORT: REVISIONS TO LEASE AGREEMENT FOR CITY-OWNED PROPERTY AT 126 SOUTH MASON AND PARCEL FOR SANTA MANUELA SCHOOLHOUSE. JUNE 8, 1999 PAGE 2 Based on the new revisions to the Lease Agreement, the City retains use of approximately 1.37 acres of its property with approximately .75 acres under lease to the Historical Society (Lots 2, 11, and 12). Alternatives: The following alternatives are provided for the Council's consideration: - Approve staff s recommendation; - Do not approve staff s recommendation; - Modify as appropriate and approve staff s recommendation; - Provide direction to staff. S:\StaffRpt~LseAgrmt126Mason&SchoolhouseJ un8.99 ATTACHMENT 1 AMENDMENT TO THE ORIGINAL LEASE AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND SOUTH COUNTY HISTORICAL SOCIETY FOR 126 SOUTH MASON STREET DATED JUNE 1, 1997 Section 1.6 Lease Expiration Date. , . Deleted Section 1.7 Lease Term. , , ~ . This Lease shall be effective as of the day and vear first above written and shall remain in effect for an initial term of twentv (20) vears therefrom: provided. however. that beainnina with the first dav of Januarv of the vear in which the Lease will have an unexpired term of nineteen (191 vears. and each first dav of Januarv thereafter a vear shall be added automaticallv to the remainder of the initial term unless a notice of nonrenewal is aiven as ~rovided herein. Section 2.6 Extension of Lease Term. , . Deleted n~ 0 1 c Y a O M ~n ~ o p N M ~ ~ tp W N V 6:ti01 ~ ~o ~ ~ ~ '~T' r - m ~ ° z~~' N~.~N Q Iml ~p~m^ i. l ~~1 v ~ P t:/ P~t v---~ SOf y.c~., t`~ ~ 2 + ~~,.G1,60 oCC N ~ ~ S'--'-------- ; ATTACHMENT 2 0 ~ M ~ £'Zll o . 6f'96 ~ 80'SOl OS Z6.~ f 9f Ipl OS • OS ~ ` ~ 'p ~ O q s,,;~ P a - o ~ d J ~;o ~ ~ ~ ~ . ~ ~ ~ m ~ 4~ z a... ~ ~ ~ cv ~.n ~ • O ~ ` ~ ' ~ J "~s~ FO Z/'?J = I v~ ~ W tiN~' N W2W~ ~i 1: M~ N ~ I I Q7~ ~_1 ~n J m~- y I O Q~ ~ V oQ K r.i fZ'99 ~ _ ~ ~ =o yt'Z~ ~ ' es•o// W ~ in ~ A ` ~ a - v O ~ `t J ~ ~ , . , • N ~ ~ ' ~,.•ofiz ' ~ F}- ~ ~ ~ t . 1 ~A t0 ` ~ ' ~ ~a : w~ ~ vNi W O •v' ~ . rc f\_~ t~ W O r' ~ ~ ~ ~ ~ " 6:f).r~ b'a 94'68 QS I~ ~ ~ ~ cs ~ .s,~ •»r~ ~ E'r•~ri M „Of ,60 off N ° ~-~S ~osdW ~ Hln ~ ~ ~ h s•ssa ~ ~ os ~ . ~ ~ ~ ~ ~ ~ ~ P ~ M b O vJ . h Q , sa•bst ' ^ e m ~ ~ ,p. _ ~ ~ ; ~s•ss7 - 0 Q~ I'" ~ O . v _ rn h ~ . ~tiN ~ S~Z~Z ' ` v, ~ ~ ~ ~ / 2' ~ ZyZ~~~~ ~ ! ~i~ ~9~ ~ ~ ~L~~ J ~SO'6bZ~,._.__3~~ ~ Ql ~t ~ ~ ~ ~ ~ ~n ~ M - - ~ ~ o ~ h ~ ~ ~ v O ~ ~ m ~ l/'9/ O 'n 9'94t Oi~ ~ OS v M MOf ,60 of £ N r^ ° '.L S 1 ~10 H S ° , ~ = ` ~ ~ ~ 6Z'EO ' i OS L6 . GL'98 09 OS S1 9f OZ 0£ ps C v • 9, ~r ~ ~ ~ ~ C 3 1~' ~ ~ h • Q ~ M ^1 . ~ ~l ~ ^ 1p t . ~ ~ ~ ~f11k1 ~ K1 ~ S Q~ C\ t•ea1 h M ~ w O ~la L- ~ c ~ M N ; o ~ G ,Z~- . } ~ o N . ~ e ~ £I ~ ~ M ~ ~ ~ ~I ~ ~ ~ ~O ~ ` OS ~ ~ ~ ~ y A ~'r~! 'lti OS S! ;+'S OS ~OS ` ~i N_ 2EN (901) f % 99 B1/ _ i ` ^ N ~ a.. ~ I n h ~ h C N~ Q~- ff~~ N O \ ~ , oe f~ 86 - C P ~ ~ P-~ ~ I Q~ ~ ~ I C " ~ R N S6~~ ~O I N O~+, ~ 7 N m OZI ~ h~ ~ ( ~ , ~ p ~ ~ , t o ~ I 8 6 ~ v r ,1~ - ~ _ I' ~ R ~ ~ I _ ~ I'~\ I".'1 O h ~ ~ ' AMENDMENT TO EXHIBIT A That certain real property in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, described as follows: Assessor Parcel Number 007-492-015 Lot 2 of Block 6 of the Short, Mason, and Whiteley Subdivision (127 Short Street), of the City of Arroyo Grande, County of San Luis Obispo, State of California, as per map filed in Book A, Page 48 of Maps in the Office of the County Recorder of said County. ~ FASE A~REEMENT THIS LEASE ("Lease") is made and entered into this 3oth day of November, 1998, in the City of Arroyo Grande, County of San Luis Obispo, California, by and between the CITY OF ARROYO GRANDE ("City°), a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and SOUTH COUNTY HISTORICAL SOCIETY ("Historical Society"), a California non-profit corporation, with reference to the following facts and intentions: RECITALS A. City is the owner of certain real property located on the South bluff of the Arroyo Grande Creek between Mason, Nelson and Short Streets in the City of Arroyo Grande, State of California. B. City in 1997 leased a portion of this property to the Historical Society for it to manage and maintain the Heritage House museum for the benefit of the community. C. Historical Society is the owner of the Santa Manuela school building which has important historical value for the community. For many years the school was located at the Lopez Lake recreational area, but its condition had deteriorated. In 1987 the Historical Society moved the school and restored it at a location on Stanley Avenue where it has been open for the public to tour and enjoy. D. City and Historical Society wish to move the school to the City's property on the creek bluff adjacent to the Heritage House museum where both buildings can conveniently be visited by the community. E. To accomplish this move, the parties agree that the Historical Society should lease the necessary property from the City. NOW, THEREFORE, IT IS AGREED as follows: ARTICLE 1. DEFINITIONS. The following terms shall, for all purposes of this Lease, have the following meaning as set forth below. 1.1 ~j[.. City has the meaning assigned thereto in the preamble hereto. 1.2 Historical Societv. Historical Society has the meaning assigned thereto in the preamble hereto. 1 1.3 I_m,~rovements. The term "improvements" or "improvement" includes, but is not limited to, restorations, alterations, rebuilding, additions, changes, repairs, upgrades, replacements, remodeling, reconditioning, or modifications of any and all portions of the Premises. 1.4 ~ aws and Orders. The term "laws and orders" includes all laws, statutes, ordinances, standards, rules, requirements, regulations, decrees, judgments, or orders now in force or he~eafter enacted, promulgated, or issued by all federal, state, county, city, or other governmental agencies, courts, departments, commissions, boards, and officers. The term also include~ government measures regulating or enforcing public access, occupational, health, fire, earthquake, or safety standards for employers, employees, landlords, or tenants. 1.5 ~ Pase Commencement Date. The Lease commencement date is the date the Lease term begins as set forth in Article 2, section 2.2. 1.6 Premises. The Premises refers to the real property located at 127 Short Street in the City which is the subject of this Lease as more specifically described in Exhibit A, attached hereto and incorporated herein by this reference. ARTICLE 2. PREMISES, TERM, AND EXTENSIONS. 2.1 Premises. In consideration of the rents, covenants, and agreements contained in this Lease, City hereby leases to Historical Society and Historical Society leases from City the Premises. 2.2 Term. This Lease shall be effective as of the day and year first above written and shall remain in effect for an initial term of twenty (20) years therefrom; provided, however, that beginning with the first day of January of the year in which the Lease will have an unexpired term of nineteen (19) years, and each first day of January thereafter, a year shall be added automatically to the remainder of the initial term unless a notice of nonrenewal is given as provided herein. 2.3 Noti e of Nonrenewal. If either party desires not to renew this Lease as described in Section 2.2, that party shall serve written notice of nonrenewal of.this Lease on the other party at least ninety (90) days prior to the automatic annual renewal date of this Lease specified above. ARTICLE 3. RENT AND ADDITIONAL RENT. 3.1 Base Rent. Historical Society shall pay to City the sum of One Dollar ( S 1.00) per year as rent, the first payment due on or before the Lease commencement date and subsequent payments due on the anniversary of that date for each year of the Lease term. 2 3.2 Additional Rent. In addition to the base rent, Historical Society shall pay an additional rent comprised of the payment of all utilities (Article 5), payment of assessments and possessory interest taxes (Article 6), and the payment of insurance (Article 71. ARTICLE 4. USE OF PREMISES. 4.1 PPrmitted Use and Maintenance of Premises. During the Lease term, Historical Society shall use the Premises solely for operating and maintaining the Santa Manuela school building as a site of historical interest, and for such other uses generally appurtenant to the business of a public museum and gardens. The school building shall be open to the public during reasonable hours and days of the week in accordance with a schedule that has been approved in writing by the City's Director of Parks and Recreation. No charge to the public for entry shall be made without the prior written consent of the City. In addition to regular operating hours of the school building, Historical Society may use the Premises for special openings and events relating to historical and community events. Historical Society will landscape and maintain the grounds outside the school building in a manner similar to that for the museum on the adjacent lot and incorporate these grounds into the master garden ptan for the museum. The amended master garden plan combining the two grounds shall be submitted to the City's Director of Parks and Recreation for written approval prior to implementation of the plan. Historical Society shall provide City with a yearly calendar of events at the site. Historical Society shall not use or permit the Premises to be used for any other purpose without City's prior written consent, which may be granted or withheld in City's sole discretion. During the Lease Term, Historical Society, at its own cost and expense and at no cost and expense to City, shall continuously and without exception repair, maintain, and make improvements to all portions of the Premises and the school building to ensure that all portions thereof are in a good order, condition, and repair in compliance with all laws and orders. 4.2 PrPSPnt Gondition of Premises. Historical Society represents that prior to entering into the Lease it has conducted an inspection and examination of the Premises and acknowledges that they are satisfactory to it for the relocation of the school building and the necessary appurtenant foundation structure required and that said Premises are fit for use and operation as a historical site that is open to the public. Historical Society accepts the Premises in their present condition "as is" including any latent or patent defects and agrees it will make any modifications it deems necessary in preparation of receiving the school building. For any such site preparation work, Historical Society agrees to comply with all applicable City and state laws. Prior to moving the building on to the Premises, Historical Society will obtain the written approval of the City's Director of Parks and Recreation of a site plan showing the location of the building and any other structures and improvements for the Premises. City expressly disclaims and makes no warranties, express or implied, as to the suitability or usability of the Premises for the above purposes. 3 4.3 Relocation of School Buildina. Historical Society agrees it will act diligently to take the necessary steps to relocate the school building to the Premises as soon as reasonably possible after the Lease commencement date. The relocation shall be accomplished within 12 months from the Lease commencement date and the master garden plan will also be implemented and the school building commence its normal hours of being open to the public by the end of this 12 month period. 4.4 ~y's Right of Access to and Use of Premises. City and its agents shall have the right at all reasonable times to enter the Premises to perform functions, including, but not limited to: inspect the Premises; show the Premises to prospective purchasers or mortgagees; serve, post, and keep posted notices required by law or that City considers necessary for the protection of City or the Premises; inspect the Premises for any purpose connected with the care and management of the Premises; perform services required of City; take possession due to any breach of this Lease; perform any covenants of Historical Society that Historical Society fails to perform, or for any other purpose reasonably connected with City's interest in the Premises. City expressly reserves the right to enter upon and make any improvements to the Premises that are part of the City's adopted Creek Path project for the south side bluffs of Arroyo Grande Creek, including placement of pedestrian trails and benches, as City may choose at its sole discretion. Any such work will be done in a reasonable and expeditious manner so as to cause the least practical interference with Historical Society's use of the Premises. City also reserves the right to use the grounds outside the school building and may use the school building itself without charge for functions, activities, or meetings of the City on mutually agreed upon dates and times by requesting the same from Historical Society, whose consent to such use by City shall not be unreasonably withheld. ARTICLE 5. UTILITIES. 5.1 P~yment of Utility Services as Additional Rent. Historical Society shall initiate, contract for, and obtain, in its name, all utility services required for the Premises, including gas, electricity, telephone, water, janitorial, trash removal, sewer, and any other utility used or consumed in the Premises durin,g the Lease term. Historical Society shall pay, and hold City and the property of City free and harmless from, all charges for utility services as they become due as part of the rental of.the Premises. All such charges shall be paid by Historical Society directly to the provider of the service and shall be paid as they become due and payable but in any event before delinquency. City may elect to terminate this Lease if Historical Society fails or refuses to pay the charges for utility services as assessed or incurred. ARTICLE 6. TAXES AND ASSESSMENTS. 6.1 p~yment of Taxes and Assessments as Additional Rent. The execution of this Lease may create a taxable property interest of the Historical Society. In such 4 event Historical Society shall pay such possessory interest taxes when due and hold the City harmless therefor. In the event that a special assessment is imposed on the Premises that relates to Historical Society's use of the Premises, the parties agree to meet and discuss a satisfactory means of paying the assessment. ARTICLE 7. EXCULPATION, INDEMNIFICATION, AND INSURANCE. 7.1 Definition of Historical Society Parties and City Parties. The term "Historical Society parties" refers singularly and collectively to Historical Society and Historical Society's officers, members, agents, employees, and independent contractors as well as to all persons and entities claiming through any of these persons or entities. The term "City parties" refers singularly and collectively to City and the respective officers, representatives, agents, servants, employees, and independent contractors of these persons or entitles. 7.2 Fxcul ap tion. To the fullest extent permitted by law, Historical Society, ~ on its behalf and on behalf of all Historical Society parties, waives all claims, in law, equity, or otherwise, against City parties and knowingly and voluntarily assumes the risk of, and agrees that City parties shall not be liable to Historical Society parties, for any of the following: injury to or death of any person; or loss of, injury or damage to, or destruction of any tangible or intangible property, including the resulting loss of use, economic losses, and consequential or resulting damage of any kind from any cause. City parties shall not be liable under this clause regardless of whether the ~iability results from any active or passive act, error, omission, or negligence of any of City parties; or is based on claims in which liability without fault or strict liability is imposed or sought to be imposed on any of City parties. This exculpation clause shall not apply to claims against City parties to the extent that a final judgment of a court of competent jurisdiction establishes that the injury, loss, damage, or destruction was proximately caused by City parties' fraud, willful injury to person or property, sole active negligence, or violation of law. Such exculpation shall survive the expiration or earlier termination of this Lease until all claims within the scope of this exculpation clause are fully, finally, and absolutely barred by the applicable statutes of limitations. Historical Society acknowledges that this section was negotiated with City, that the consideration for it is fair and adequate, and that Historical Society had a fair opportunity to negotiate, accept, reject, modify, or alter it. With respect to the exculpation provided in this Article, Historical Society waives the benefits of Section 1542 of the Civil Code, that provides that "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the re%ase, which if known by him must have materially affected his settlement with the debtor." 7.3 Insurance. Without limiting Historical Society's indemnification of City, Historical Society shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damages to property which may arise from S or in connection with Historical Society's operation and use of the Premises. The cost of such insurance shall be borne by Historical Society. 7.3.1 Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001); 7,3,2 Minim~~m Limits of Insurance. Historical Society shall maintain limits no less than: a. General Liability: 51,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; 7.3.3 Ded~ctible~ and Self-Ins~red Retentions. Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Historical Society shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.3.4 OthPr Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: a. City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of premises owned, occupied or used by Historical Society. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers; b. Historical Society's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Historical Society's insurance and shall not contribute with it; c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees or volunteers; 6 d. Coverage shall state that Historical Society's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability; e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given.to City. 7.3.5 Acc ability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:V. . 7.3.6 Verifi~ation of Coveraae. Historical Society shall furnish City with original endorsements effecting coverage required by this clause prior to commencing any work on or occupying the Premises. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Historical Society takes possession of the Premises and any work commences. As an alternative to City's forms, Historical Society's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7.3.7 Qgareaate Limits/Blanket Goverage. If any of the required insurance coverage's contain aggregate limits, or apply to other operations or tenancy of Historical Society outside this Lease, Historical Society shall give City prompt, written notice of any incident, occurrence, claim, settlement or judgment against such insurance which in Historical Society's best judgment will diminish the protection such insurance affords City. Further, Historical Society shall immediately take all steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 7.3.8 Modifi ation of Coveraae. City reserves the right at any time during the term of this Lease to change the amounts and types of insurance required hereunder by giving Historical Society ninety (90) days advance written notice of such change. ~ 7.3.9 Failure to Procure Insurance. Within the foregoing constraints, Historical Society's failure to procure or maintain required insurance or a self-insurance program shall constitute a material breach of contract under which City may immediately terminate this Lease or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premiums in connection therewith, and recover all monies so paid from Historical Society. 7 7.3.10 nd rlying Ins~rance. Historical Society shall be responsible for requiring indemnification and insurance from its employees receiving mileage allowance, consultants, agents and subcontractors, if any, in the same amounts and including the same terms as specified herein, to protect Historical Society's and City's interests, and for ensuring that such persons comply with any applicable insurance statutes. 7.3.11 Personal Pro e~y of Historical Societv. City may continue to provide property insurance for the Premises. Said property insurance shall not provide coverage for Historical Society's personal property' or the school building. Historical Society~ waives any claim against the City's insurance for or relating to damage to its personal property o~ school building. 7.4 Indemnification. Historical Society, its Board of Directors, and the directors individually, shall, at Historical Society's sole expense, and with counsel reasonably acceptable to City, indemnify, defend, and hold harmless the City and City parties from and against any and all claims from any cause, that arise out of, result from, or relate to this Lease, the tenancy created under this Lease, or the Premises, including the use or occupancy, or manner of use or occupancy, of the Premises by Historical Society parties; any negligent act of Historical Society parties or of any invitee, guest, or licensee of Historical Society, or any other person authorized by Historical Society to use the Premises or any portion thereof; Historical Society's conducting of its business; any improvements, activities, work, or things done, omitted, permitted, allowed, or suffered by Historical Society parties in, at, or about the Premises, including the violation of or failure to comply with any applicable laws and orders in existence on the date of Lease or enacted, promulgated, or issued after the date of Lease; and any breach or default in performance of any obligation of Historical Society's part to be performed under this Lease, whether before or during the Lease term or after its expiration or earlier termination. The intention of the parties being that with respect to compliance with laws and orders that Historical Society, during the Lease term, shall discharge and perform all the obligations of City, as well as all the obligations of Historical Society, related to the Premises, and indemnify City therefrom, so that at all times the rental of the Premises shall be net to City without deduction or expenses on account of any such laws and orders. 7.5 Definition of Claims. For purposes of this Lease, "claims" means any and all claims, losses, costs, damage, expenses, liabilities, liens, actions, cause of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and attorney fees as defined in this Lease). 7.6 Z~,oe of In~ury or Loss Defined. This indemnification extends to and includes claims for injury to any persons (including death at any time resulting from that injury); loss of, injury or damage to, or destruction of property (including all loss 8 of use resulting from that loss, injury, damage, or destruction); and ali economic losses and consequential or resulting damage of any kind. 7.7 Fffect of Neg,~iaence Strict Liability.~ or Willful Misconduct. Such indemnification shall apply regardless of the active or passive negligence of City parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City parties. The indemnification shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a claim against one City party was proximately caused by the sole active negligence or willful misconduct of that City party. In that event, however, this indemnification shall remain valid ~for all other City parties. 7.8 S~rvival of Indemnification. The clauses of this Article shall survive the expiration or earlier termination of this Lease until all claims against City parties involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statute of limitations. ARTICLE 8. ASSIGNMENT. 8.1 A~nroval of Assignment. Historical Society shall not, without the City's prior written consent, permit assignment of any of its rights, delegation of any of its duties, assignment of all or any interest in this Lease, by operation of law or otherwise; sublet al~ or any part of the Premises or any right or privilege appurtenant to the Premises; or suffer any other person, other than City's agents and servants, to occupy or use all or any part of the Premises. In City's sole and absolute discretion, City may withhold its consent to any assignment, sublease, occupation, or use. City shall not be bound by any standard of reasonableness in exercising this discretion. Any assignment, subletting, occupation, or use by another person or entity without City's prior written consent shall be void and shall, at City's option, terminate this Lease. If Historical Society requests City to consent to a proposed assignment, subletting, occupation, or use by any other person or entity, Historical Society shall pay to City, whether or not consent is ultimately given, City's actual attorney fees and costs, as defined in this Leas~, incurred in connection with each such request. City's consent to one assignment, subletting, occupation, or use by any other person or entity shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person or entity. As used in this provision, "assignment" and "delegation" shall mean any sale, gift, pledge, hypothecation, encumbrance, or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Lease to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. ~ 9 8.2 Successors and Assigns. Subject to section 8.1, this Lease shail be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors, and assigns. ARTICLE 9. TERMINATION OF LEASE BEFORE EXPIRATION OF LEASE TERM. 9.1 Grounds for Termination. 9.1.1 Breach of Lease. Either party to the Lease may terminate this Lease if the other party has committed a breach of the Lease as defined in Article 11. There is no monetary penalty for such termination except for any costs and fees expressly provided for in Articles 9, 11, 13 and 14. 9.2 Termination Procedure. The party exercising the right to terminate shall provide written notice of the intent to terminate to the other party. If the termination is pursuant to section 9.1.1, the party shall give a prior written notice of at least ninety f90) calendar days prior to the date of the intended termination. The notice shall state the reason for the termination. 9.3 City's Obligations and Ontions at Termination. Upon termination of the Lease by City pursuant to section 9.1.1 due to a breach by Historical Society, City shall allow Historical Society to remove the school building within the ninety (90) -day grace period and any additional period reasonably needed for that purpose. 9.4 Historical Society's Oblic~~tions and Or~tions At Termination. Upon expiration of the term of the Lease, or termination of the Lease by City pursuant to section 9.1.1 due to a breach by Historical Society, Historical Society shall remove the school building and return the Premises to their condition before the school building was moved to the Premises within the ninety (90) -day grace period at its sole cost (the ninety (90) -day period applies for an expiration of the Lease term). City may remove the school building upon Historical Society's failure to do so as required by this section and charge the reasonable costs therefor to Historical Society, including cost for any temporary storage of the school building. 9.5 Rights and Obligations Cease. All rights and obligations of the parties shall cease on termination of the Lease unless otherwise provided by the terms of the Lease. Neither party shall be liable to the other for damages of any kind, including without limitation incidental or consequential damages, resulting from any termination of this Lease, except as specifically provided for herein. 10 ARTICLE 10. SURRENDER OF PREMISES. 10.1 Rem~val of Historical Society Pronertv. On the expiration or earlier termination of the Lease term, Historical Society shall quit the Premises and surrender possession to City in accordance with the time periods specified in Article 9. On expiration or termination Historical Society shall remove or cause to be removed from the Premises all debris and rubbish, any items of personal property owned by Historical Society, the school building and any other improvements that Historical Society placed on the Premises, unless City approves their remaining on the Premises in which case ownership of any such improvements automatically passes to City. Historical Society shall repair all damage or injury that may occur to the Premises caused by Historical Society's removal of those items and shall restore the Premises to their condition that existed when the Lease commenced. ARTICLE 11. DEFAULT. 11.1 Acts of Default. Any of the following events or occurrences shall constitute a material breach of the Lease by Historical Society and, after the expiration of any applicable grace period, shall constitute an event of default, each being a separate event of default: 11.1.1 Failure to P~y Costs or Charges. The failure by Historical Society to pay any amount in full when it is due under the Lease. 11.1.2 Failure to Perform Obligation. The failure by Historical • Society to perform any obligation under the Le~se, which by its nature Historical Society has no capacity to cure. 11.1.3 Failure to Perform After Notification. The failure by Historical Society to perform any other obligation under this Lease, if the failure has continued for a period of ten (10) days after City demands in writing that Historical Society cure the failure. If, however, by its nature the failure cannot be cured within ten (101 days, Historical Society may have a longer period as reasonably needed to cure the failure, but this is conditioned upon Historical Society promptly commencing to cure within the ten (10) day period and thereafter diligently completing the cure. Historical Society shall indemnify and defend City against any liability, claim, damage, loss, or penalty that may be threatened or may in fact arise from that failure during the period the failure is uncured. 11.1.4 ssignment. Any of the following: A general assignment by Historical Society for the benefit of Historical Society's creditors; any voluntary filing, petition, or application by Historical Society under any law relating to insolvency or bankruptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the 11 Premises by Historical Society without City's prior written consent; or the dispossession of Historical Society from the Premises (other than by City) by process of law or otherwise; 11.1.5 Aooointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of all or substantially all of Historical Society's assets; or the attachment, execution or other judicial seizure of all or substantially all of Historical Society's assets located at the Premises or of Historical Society's interest in this Lease, unless the appointment or attachment, execution, or seizure is discharged within thirty (30) days; or the involuntary filing against Historical Society, or any general partner of Historical Society if Historical Society is a partnership, of: a. A petition to have Historical Society, or any partner of Historical Society if Historical Society is a partnership, declared bankrupt, or b. A petition for reorganization or arrangement of Historical Society under any law relating to insolvency or bankruptcy, unless, in the case of involuntary filing, it is dismissed within sixty (60) days; 11.1.6 Abandonment. The abandonment of the Premises by Historical Society which shall include, but not be limited to, the failure to maintain the school building open to the public during reasonable hours and days of the week for a continuous period of 60 days without the consent of the City's Director of Parks and Recreation at any time after the first 12 months following the Lease commencement date, or the Historical Society's losing its status as a non-profit, public benefit corporation, or ceasing to exist as a legal entity. 11.1.7 Waiver. Waiver by City, of any default in performance by Historical Society of any of the terms, promises, or conditions contained herein shall not be deemed a continuing waiver of the same or any subsequent default. In the event any officer, agent or employee of City shall consent to an act or failure to act in violation of any provisions of this Lease, such act or failure to act shall be immediately corrected upon a request from City,in writing. 11.2 Remedi s on Event of Default. If an event of Default occurs, the nondefaulting party shall have the right to terminate the Lease and to pursue any remedy now or later available to the nondefaulting party at law or in equity. ARTICLE 12. EXPIRATION OF THE LEASE TERM. 12.1 Ownership of Imnrovements by Citv. Upon the expiration or termination of the Lease, any and all improvements made to the Premises and left there by Historical Society shall, without compensation to Historical Society, then 12 automatically and without any act of Historical Society or any third party become the City's property. ARTICLE 13. ARBITRATION. ~ 13.1 Di~ps~tes S~b~ct to Arbitration. Any controversy or dispute between the parties to this Lease may be submitted to an arbitration panel, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 et seq. of the California Code of Civil Procedure, to the extent that such provisions have not been modified pursuant to this Lease. The losing party shall pay all costs and attorney fees, as defined in this Lease. 13.2 R~les Governing Arbitration. 13.2.1 ~ imitPd Dis~overv. No more than thirty (30) calendar days before the arbitration, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within five (5) business days. The arbitrators shall resolve any dispute over the exchange of documents as they would be resolved in civil litigation. Thereafter, each party may take no more than three (3) depositions, each of which shall last no more than four (4) hours each. The arbitrators shall resolve any dispute over the depositions as they would be resolved in civil litigation. 13.2.2 Arbitrators' Powers. The arbitrators shall have the same powers as those of a judge of the superior court of the State of California, and shall render a decision as would a judge of a superior court of the State of California in accordance with the law and the facts. 13.2.3 Written Decision. Within fifteen (15) days after completion of the arbitration, the arbitration panel shall submit a tentative decision in writing, issuing findings of fact and specifying the reasoning for the decision and any calculations necessary to explain the award. EaGh party shall have fifteen (15) days in which to submit written comments to the tentative decision. Within ten (10) days after the deadline for written comments, the arbitration panel shall mail a written decision of the final award to each party. 13.2.4 Costs. Each party to the arbitration shall pay a pro rata share of the arbitrators' expenses and fees. The arbitrators shall award the prevailing party its expenses and fees of arbitration, including reasonable attorney fees, as defined in this Lease. If it becomes necessary to enforce an award made by the arbitrators or a judgment based on such award, the prevailing party shall be entitled to attorneys' fees, as defined in this Lease. 13 13.2.5 Judicial Review of Award. The parties shall be entitied to judicial review of an arbitrator's error or mistake of fact or law, and to judicial review of any issue that would have been entitled to judicial review if such issue had been addressed or decided by a superior court of the State of California. ARTICLE 14. ATTORNEYS' FEES. 14.1 A orn~Cs' Fees. Gosts. and Ex~. In any litigation, arbitration, or other proceeding in law or equity by which one party to the Lease seeks to enforce its contract rights under the Lease, to resolve an alleged dispute, breach, default, or misrepresentation~ in connection with any of the provisions of this Lease, to seek a declaration of any rights or obligations under this Lease, or to interpret the provisions of this Lease, the prevailing party shall be entitled to recover from the losing party actual attorneys' fees incurred to resolve the dispute and to enforce the final judgment, award, decision, or order and such fees, costs, or expenses shall be in addition to any other relief to which the prevailing party may be entitled. The award of attorneys' fees shall be deemed to have accrued upon the commencement of the action and shall be paid whether or not such action is prosecuted to judgment, award, decision, or order. "Proceeding" shall mean any action, suit, claim, arbitration, alternative dispute resolution mechanism, investigation, administrative hearing, or any other proceeding, including but not limited to civil, criminal, administrative, regulatory, , or investigative. The attorneys' fees to be awarded the prevailing party may be determined by the court or other decision maker in the same action or proceeding or in a separate action brought for that purpose. Any judgment, award, decision, or order entered in such action or proceeding shall contain a specific provision providing for the recovery of actual attorneys' fees incurred in enforcing such judgment, award, decision, or order. The award of attorneys' fees shall not be computed in accordance with any court schedule, but shall be made so as to fully reimburse the prevailing party for all attorneys' fees, paralegal fees, and expenses actually incurred in good faith, regardless of the size of the judgment, award, decision, or order, it being the intention of the parties to fully compensate the prevailing party for all actual attorneys' fees, paralegal fees, and costs and expenses paid or incurred in good faith. This provision applies to the entire Lease. , ARTICLE 15. CONDEMNATION. 15.1 (;ondemnation Sums. In the event that the leased Premises shall be taken, in whole or in part, through the exercise of any power of eminent domain exercised by any federal, state, or local municipality having the power thereof, the Lease term shall terminate and expire on the date of such taking and any sums paid by such condemning authority shall be paid to the City. The Historical Society shall be reimbursed for the value of the school building from any applicable condemnation proceeds received specifically therefor, unless the building is removed by the Historical Society. 14 ARTICLE 16. MISCELLANEOUS. 16.1 Notices. To be effective, all notices, requests, demands, and other communications required or permitted under this Lease shall be in writing and shall be delivered either in person or by certified mail, postage prepaid, return receipt requested. Notice is deemed effective on delivery if served personally on the party to whom notice is to be given and delivery is confirmed by a receipt. Notice is deemed effective on the second day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, return receipt requested, postage prepaid, and properly addressed as set forth below. Any correctly addressed notice ~that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities. The addresses for purposes of giving notice are as set forth below but each party may change its address by written notice in accordance with this paragraph. HISTORICAL SOCIETY: South County Historical Society P.O. Box 633 Arroyo Grande, CA 93421-0633 CITY: City of Arroyo Grande Attn: City Manager P.O. Box 550 Arroyo Grande, CA 93421-0550 16.2 Discrimination Prohibited. No person shall, on the grounds of race, religion, color, national origin, or sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under this program/project. For purposes of this section, Section 570.601(b) defines specific discriminatory actions which are prohibited and corrective action which shall be taken in situation as defined therein. 16.3 Nondiscrimination Eau~l Empl.QymPnt PrartiGes and Affirmative Action Proaram. Historical Society shall comply with, the nondiscrimination laws of the United States of America, the State of California, and City in performing this Lease, Historical Society shall not discriminate in its employment practices against any employee, or applicant for employment because of such person's race, religion, national origin, ancestry, sex, age, or physical handicap. 16.4 No Mortgaaing Leasehold. Historical Society shall have no right to subject the leasehold estate or the Premises to any mortgage, deed of trust or other security interest. 16.5 Time of Essence. Time is of the essence in this Lease. 15 16.6 Effectiveness. This Lease shall be effective only when signed by both parties to the Lease and approved by formal action of the City Council of City. 16.7 Necessary Acts/Other Instruments. The parties shall at their own cost and expense execute any and all other documents and instruments and shall take any and all actions as may be reasonably required, necessary, or appropriate to evidence or carry out the intent and purposes of this Lease. 16.8 Good Faith. Each party to this Lease shall act in good faith in performing their respective obligations set forth in this Lease. ~ 16.9 Waiver. The waiver of any breach of any condition, covenant, term, or provision of this Lease by any party to this Lease shall not be deemed to be a waiver of any preceding or subsequent breach under the Lease, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. ' 16.10 Authorizations. All officers and individuals executing this and other documents on behalf of the respective parties do hereby certify and warrant that they have the capacity and have been duly authorized to so execute said documents on behalf of the entity so indicated. Each signatory shall also indemnify the other party to this Lease, and hold them harmless, from any and all damages, costs, attorneys' fees, and other expenses, if the signatory is not so authorized. 16.11 H_eadings and Ca ti~ons. The captions and headings of this Lease are inserted for convenience only and shall not be deemed a part of this Lease and shall not be used in interpreting this Lease or in determining any of the rights or obligations of the parties to this Lease. 16.12 Word Usaae. Unless the context clearly requires otherwise, the plural and singular words shall each be deemed to include the other; "shall," "will," or "agrees" are mandatory, and "may" is permissive or discretionary; "or" is not exclusive; the masculine, feminine, and neuter, genders shall each be deemed to include the others; and "includes" and "including" are not limiting. 16.13 Severabilitv. If any term, provision, covenant, or condition of this Lease shall be or become illegal, invalid, null, void, unenforceable, or against public policy, in whole or in part, or shall be held by any court of competent jurisdiction to be illegal, invalid, null, or void, or against public policy, the term, provision, covenant, or condition shall be deemed severable, and the remaining provisions of this Lease shall remain in full force and effect and shall not be affected, impaired, or invalidated. The term, provision, covenant, or condition that is so invalidated, voided, or held to be unenforceable shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Lease. 16 16.14 0~n r~art Ex~c~tion. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 16.15 Entire Agreement. This Lease constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the lease and supersedes all prior and contemporaneous agreements, promises, representations, warranties, understandings, or undertakings by either of the parties, either oral or written, of any character or nature. No party has been induced to enter into this Lease by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Lease. 16.16 Amendments. This Lease may be altered, amended, modified, or supplemented only by an instrument in writing, executed by the parties to this Lease and by no other means. No alteration, amendment, modification, or supplement of this Lease shall be binding unless it is in writing and signed by both parties. Each party waives their future right to claim, contest, or assert that this Lease was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel. 16.17 Ambigs it~ ies. Each party and its counsel have participated fully in the. review and revision of this Lease. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Lease. IN WITNESS WHEREOF, City has executed the Lease with the approval of its City Council, and caused its official seal to be affixed and Historical Society has executed the Lease in accordance with the authorization of its Board of Directors and has caused its official seal to be affixed. SOUTH COUNTY HISTORICAL SOCIETY BY• , ~ ( Na/-~RA~~.~~ (Title) ATTEST: BOARD SEC ETARY 17 CITY OF ARRO O GRANDE By: A.K. "Pete" DO ALL, AYOR ATTEST: . NANCY D IS, City Clerk iR.~~ 9~' APPROVED AS TO FORM: LYON & CARMEL B imot J. ar I City Attorn 18 EXHIBIT rti~ That certain reai property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: Assessor Parcel Number 007-492-015, Lot 1 of Block 6 of the Short, Mason and Whiteley Subdivision (127 Short Street), of the City of ~ Arroyo Grande, County of San Luis Obispo, State of California, as per map filed in Book A, Page 48 of Maps in the Office of the County Recorder of said County. ~ Z:IAHROYO WGMTS\SCH OOLLE.003 , ~ ~ ~ - ~ tiu ~ / ~ ~ ~ ~ - ~ '"1 o~i p ~ . y~ ~ i ~ Y p q N d 6_tio, ~ N M Z ~ e ~ o c~ N z ` Q ~ ~ ` ~ ~ ~ ~ O ~ v P•~l v~ SOf r~s~l `Ot`~ o S z , ~ ,.C1,60 pfC N ~ , °0~~~~ ~~"~'__.J._S ~ ~ ~ .1. ~o i~11H/V~ ° a~ ~ £'Z11 ~ 61'96 80'SO1 OS Z6 p ~ ~I 9f Ibt OS • OS . ~ N oi O ~ ~ ~ ~ ~ ~ ' 9 i~il 1 P ~(1 • ~ _ ~;o ~ ~ ~ ~ ~ ~ , m J ~ ` . x 4 ~ 1 c~ ~ • ~.i ~ O I ` ~ ~ ~ 1 D~ i ~ J w ;.•:rs FOt l'N = ~ ~ 'n I j~ F; N`++ 2 ti o ~ ~ M~ N ~ ~ . ~ ~ ~~o~ y - ~ °i ~ J 'r••• Q ~ r• !Z'99 ~ ~ =o~ , R • ez•o/I ~ ' ~ xr~. ~ O ~,.'X • ' q ~ ~ ~ ~ f?/ ~ . ~ t~,,,~ ~,j . n l~ ~1'}- 1?~ ~ Q. N ~ v a 1 ~'i ~'y, Z ~ ~.'oh 2 w F- ~ q~ t.~ ~ c0 ti c, ~ ~Y w W U M Y'1 ~ O ~ .~r1 ~ ~ - ~e• W ~ ` ~ ^ Q ~ M ~ ~ ~ ~ b ~ 6~~,z a s~•be os ~ ~ ~ ~,t •»zi e'aYri .r G~ ~ ~ M „OC 60 of£ N ~ ~ .~s ~rosdW ~ Hln ~ q ° s~ssz ' • ~d M h 1.8 ~ 0 S P ~ ~ ^ Q1 ~ • Y1 . si7i~bCJ7. t/,q~ ~ n ~ ~ to m IJ ~ ~ ~ ~ ~D y ~ ~ ~ W ~ v ~ ~ N ~i~~FS7 (V M ~ ~ ~ O ~ v ~ ~ O ~ ~ ~ V ti ti ~ - P ~ 5-zsz . ~ ~ . G~ ~ -----~-zcz-'-- ~ ar ` ~ S 9/ ~ ~ , ~ J _ Q ~ ~ ~ 0 w ~ ~ ~ SO'6bZ~ _S~v~ ~ ~ ~ . ^ . ~ ~ h ~ ~ ~ ~ ~ M ly h ~ - - , ~ ~ ~ m t~•9i o m ~ 9'9bZ Olt ~ Og ~ v O OS v M MO£ ,60 oC£ N rn • ~ y.7 ~ ° .LS ~ .L~OHS ° ~ - : . ~ 6Z'£0 ~ j OS 16 . VL'98 Ofl 04 Sl Sf oZ DE p,r Q 9i ~ o rn M ' ~ • ~ ~O . . ~ I I I ' ~ ~ ~ ~ ~ ~ ~ ~ I~~ M i . tn h ~ ~ ~ N ~ h I ,rn ~ ~ `r' a, " t•ezl h M ~ O~ N hlo L_ ~ c ~ o ~ o m ~ ' ~ ~ `b~ M ca ti ~ ~ O~ ~a~ ~ c c~i ' < 9~ os ti•r.st 1~ os s~ os ~os ~ ~ 4; N_ ~ zE N (9 01) ~ ( i' 99 s[ i ~ ^ - - a ..YI ' I ~ ~ Q ~ ~ ~ ~ C N ~ Q. N ~ O ~ ~ . oB 86 < P L~ 0~ ~ O c N ~ Q~ ~ ti ~ ~ ~ N O 0 ~ Y'nm OZI ~ ^ry~S~ ~ , ~ ~ N ~ ~3 ~ c ~ kll '^I ~ ~-L ~ ' ' oU 86 h u - _ ~ t-. . r. ! ~ I.EASE AGRE .MENT THIS LEASE ("Lease") is made and entered into this lst day of June, 1997, in the City of Anoyo Grande, County of San Luis Obispo, California, by and between the CITY OF ARROYO GRANDE ("City"), a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and SOUTH COUNTY HISTORICAL SOCIETY ("Historical Society"), a California non-profit corporation, with reference to the following facts and intentions: RECITALS A. City is the owner of a building and real property located at 126 South Mason Street in the City of Arroyo Grande, State of California. B. City holds a unique place in the history of California as the site of an early Chumash Indian Village and as part of a great Mexican Rancho. C. The building at 126 South Mason Strcet has not been used or occupied by the City for eleven (11) months. D. Although structurally sound, the building is in a cosmetically poor condition. E. . Historical Society proposes to restore and rehabilitate said building, develop heritage gardens on the premises, and use the building and premises for a History Center and Museum of local heritage which shall be open to the public. F. The History Center and Museum will exhibit a large collecdon of historical artifacts, photographs, and papers that are owned by the Historical Society, including educadonal materials for children, exhibits to attract tourists to City, appropriate historical materials for special openings and events in conjunction with the City and the Business Improvement Association within City. This facility will include an o~ce and historical book shop. G. The parties find that it would be to their mutual advantage and public benefit for City to lease the building and property to Historical Society to use as a History Center and Museum. H. The City has inspected this building and approved its fitness for occupancy. NOW, THEREFORE, IT IS AGREED as follows: 1 ARTICLE 1. DEFINITIONS. The following terms shall, for all purposes of this Lease, have the following meaning as set forth below. 1.1 City has the meaning assigned thereto in the preamble hereto. 1.2 Historical Societv. Historical Society has the meaning assigned thereto in the preamble hereto. 1.3 Imnrovements. The term "improvements" or "improvement" includes, but is not limited to, restorations, alterations, rebuilding, addidons, changes, repairs, upgrades, replacements, remodeling, recondidoning, or modificadons of any and all portions of the Premises. 1.4 Laws and Orders. The term "laws and orders" includes all laws, statutes, ordinances, standards, rules, requirements, regulations, decrees, judgments, or orders now in force or hereafter enacted, promulgated, or issued by all federal, state, county, city, or other governmental agencies, courts, departments, commissions, boards, and officers. The term also includes government measures reguladng or enforcing public access, occupational, health, fire, earthquake, or safety standards for employers, employees, landlords, or tenants. 1.5 T P?~ Commencement Date. The Lease commencement date is the date of Lease set forth in Article 2. 1.6 j~a • niration Date. The last day of the month in which the 20th anniversary of the Lease commencement date occurs, or subsequent anniversaries if the term of the Lease is renewed or extended. 1.7 I.ea.se Term. The term of this Lease shall commence on the date of Lease or Lease commencement date and shall continue in full force and effect until December 31, 2047, unless terminated sooner in accordance with the terms of this I.ease, and includes any period in which the term of the Lease is renewed or extended in accordance with the terms of this Lea.se. 1.8 Lease Year. The term "Lease year" means each consecutive twelve-month (12) period during the Lease term provided that the first Lease year commences on the Lease commencement date, which is the date of L,ease, and ends on the last day of the eleventh (l lth) calendar month thereafter; the second and each succceding Lease year commences on the first day of the next calendar month; and the last Lease year ends on the Lease expiration date or earlier date of termination. 1.9 eration. °Operation° refers to Historical Society's obligation to complete the pre-use restorations such that Historical Society is in actual use and operation of the Premises as 2 a History Center and Museum that is open to the public within a specified time period after the L,ease commencement date. 1.10 Premises. The Premises refers to the building and real property located at 126 South Mason Street in the City and which is the subject of this Lease as more specifically described below. l.l l Presence. Presence, for purposes of this Lease, refers to Historical Society's obligation to employ reasonable means or methods to establish its existence at the Premises to show that the Premises are no longer unoccupied and unused. 1.12 Pre-Use Restorarions. Pre-use restorations means those initial improvements that are required to be made to the Premises in order for the Premises to be restored and rehabilitated in order to permit the actual use and operation of the Premises as a History Center and Museum that is open to the public. ARTICLE 2. REAL PROPERTY, BUII,DING, AND PREMISES. 2.1 ~?ate of Lease. The L,ease shall commence on June 1, 1997. 2.2 Name of Landlord and Tenant. The landlord is the City of Arroyo Grande and the tenant is the South County Historical Society. 2.3 Building And Premises. The building is the certain one story building located at 126 South Mason Street in the City of Arroyo Grande, County of San Luis Obispo, State of California, together with the lands on which the building stands, described in Exhibit °A° attached hereto and incorporated herein by this reference. 2.4 ~?sent Condition of B~ilding ~nd Premises. Historical Society represents that it has conducted an inspection and examination of the Premises that are the subject of this Lease and acknowledges that the building requires improvements to make the building fit for use and operation of the building as a History Center and Museum that is open to the public. Historical Society accepts the Premises in their present condition and agrees to rehabilitate the Premises so that they are in suitable shape and condition for occupancy and operation by Historical Society as specified herein. 2.4.1 As-Is Condition. Historical Society accepts the Premises as-is, in their present condition or state as of the date of Lease, including any and all patent or latent defects, without any representation or warranty, express or implied in fact or by law, by City and without recourse to City as to the nature, condition, or usability of the Premises. 2.5 Lease of Premises. In consideration of the rents, covenants, and agreements contained in this Lease and to be observed and performed by Historical Society, City leases to 3 Historical Society and Historical Society rents from City the Premises located at 126 South Mason Street in the City of Arroyo Grande, California. ~ 2.6 Extension of Lease Term. This Lease may be renewed or extended for succeeding terms of ten (10) years each, by the written agreement of the parties executed at least thirty (30) calendar days before expiration of the twenty (20) year Lease term. Nothing in this Lease shall be interpreted as requiring either party to renew or extend this Lease. 2.7 Reservation of R' ts. City reserves all rights in the economic value of the leasehold, and all rights reserved to the City by operation of law. ARTICLE 3. RENT AND ADDITIONAL RENT. 3.1 Base Rent. Historical Society shall pay to City on or before the last business day of the first month of each Lease year a base rent in the sum of One Dollar ($1.00) per year for each year of the L,ease term. 3.2 Additional Rent. In addition to the base rent, Historical Society shall pay an additional rent comprised of the payment of all utilities (Article 8), payment of assessment and possessory interest taxes (Article 9), and the payment of insurance (Article 11). ARTICLE 4. USE. 4.1 Permitted Use. During the Lease term, Historical Society shall use the Premises solely for the purpose of operadng a History ~Center and Museum open to the public, and for such other uses generally appurtenant to the business of a public museum and gardens. In addition to regular operating hours of the History Center and Museum, Historical Society may use the Premises for special openings and events relating to historical and community events. Historical Society shall provide City with a yearly calendar of events. Historical Society shall not use or permit the Premises to be used for any other purpose without City's prior written consent, which may be granted or withheld in City's sole discretion. ARTICLE 5. CITY'S ACCFSS AND USE OF PRENIISES. , 5.1 S~C'c igj~t of Accesc to Premises. City and its agents shall have the right at all reasonable times to enter the Premises to perform funcdons, including, but not limited to: inspect the Premises; show the Premises to prospective purchasers, mortgagees, or tenants; serve, post, and keep posted notices required by law or that City considers necessary for the protection of City or the Premises; inspect the Premises for any purpose connected with the care and management of the Premises; perform services required of City; take possession due to any breach of this Lea.se; perform any covenants of Historical Society that Historical Society fails to perform, or for any other purpose reasonably connected with City's interest in the Premises. 4 5.2 C~'s Use of Premises. City may use the gardens for functions, activities, or meetings of the City on mutually agreed upon dates and times by requesting the same from . Historical Society, whose consent to such use by City shall not be unreasonably withheld. ARTICLE 6. SIGNS. 6.1 ~igt,1~. All permanent signs and graphics of every kind visible from public view, corridors, or the exterior of the Premises will be subject to city's prior written approval and will be subject to any applicable governmental laws, ordinances, and regulations. Historical Society must remove all signs and graphics prior to the termination of this Lease. Installations and removals must be made in a manner so as to avoid injury or defacement of the Premises. Historical Society must repair any injury or defacement, including, without limitation, discoloration caused by installation or removal at its sole cost and expense. Historical Society signs shall not be considered a permanent improvement for purposes of Article 13. ARTICLE 7. PR~USE RESTORATIONS. In addition to the improvements set forth in Article 10, Historical Society shall perform the following pre-use restorations: 7.1 Immediate Presence. Historical Society shall make pre-use restorations to the Premises, which are presently not occupied, prior to actual use and operadon of the Premises as a History Center and Museum. The parties acknowledge that Historical Society may not be able to commence work on all pre-use restorations on the Lease commencement date, and therefore, there may be a delay between the date of Lease and the date of operation. In order to discourage illegal entries and vandalism, Historical Society shall establish an immediate presence of the Premises on the date of Lease, but in no event more than thirty (30) calendar days from the date of Lease. 7.2 Building and Premises Ins~ection. Historical Society acknowledges that the Premises do not presently satisfy current building codes. Historical Society shall, at its sole expense, cause licensed persons to inspect for termites, perform all other necessary inspections of the Premises, and make improvements to any and all defects, including, but not limited to, the roof and windows of the Premises, to assure that the Premises are in good order. 7.3 Lawns and Gardens. Historical Society shall, at its sole expense, develop and implement a master plan for heritage gardens that may include memorial trees, bushes, benches, tables, a gazebo, and other garden adornments or landscaping that is suitable for use for a public museum. The master garden plan shall first be appmved by the City in writing, and such approval by the City shall not be unreasonably withheld. Historical Society shall, at its sole expense, install a sign on the front lawn of the Premises to identify the History Center and Museum in accordance with Article 6. Historical Society shall, at its sole expense, maintain the exterior portions of the 5 Premises, including the heritage gardens and appurtenances. The City shall continue to maintain the existing lawn and irrigadon system. 7.4 Securi Measures: Fire, Theft~ and Vandalism Protection. Historical Society shall install, at its sole expense, equipment to provide detection for fire, theft, and vandalism of the Premises, including, but not limited to, the installation of smoke detectors, a security alarm, outdoor sensor lights, and replacement of, if necessary, locks on doors and windows. 7.5 Utility~q~nment. City does not guarantee the condition and efficiency of equipment used for all utilides, including, but not limited to the boilers, furnaces, hot water heaters, electrical wiring, electrical units, electrical circuit boxes, water meters, plumbing and pipes, or any other equipment used for utility services, and makes no representation or warranty, express or implied in fact or by law as to the nature, condition, or usability of such equipment. Historical Society shall cause the inspecdon of all equipment used for utilides to determine the useability of the equipment and the nature and extent of improvements thereto. Historical Society is solely responsible for the purchase, cleaning, and improvement of all such equipment or instruments needed to enable the use of udlides in good worlcing order. 7.6 Cle~an-Un_. Historical Society shall promptly clean up the Premises to place the Premises in a condition suitable for use as a public museum. Such clean up activities include, but are not limited to, removing debris and painting walls in need of paint. 7.7 L~vnrovals. Historical Society shall first obtain the written approval of City before commencing improvements to the Premises, and such approval by City shall not be unreasonably withheld. The City's approval is required for all of the plans and specifications for all improvements. ~ 7.8 CoD1~letion and O~eration. Historical Society shall cause work on the pre-use restorations to be diligently commenced and pursued without unnecessary interruption, and shall cause the completion of such pre-use restorations of the History Center and Museum so that it is ready for operation on or before five (5) years from the date of Lease, it being the intention of the parties that Historical Society may have a reasonable period of time after obtaining full and complete possession of the Premises within which to complete pre-use restorations of the Premises. Completion means that work on the pre-use restorations shall be substantially completed in accordance with the approved plans and specifications, except for incomplete work and defects that do not unreasonably interfere with Historical Society's use of the Premises as a museum open to the public. All pre-use restorations shall be performed in accordance with Article 10. Historical Society shall furnish City with receipts for all materials used and work performed on the Premises. Historical Society's failure to comply with these completion requirements shall immediately terminate this Lease. 6 ARTICLE 8. UTII,ITIFS. 8.1 P~yment of Utility Services as Addirional Rent. Historical Society shall inidate, contract for, and obtain, in its name, all utility services required for the Premises, including gas, electricity, telephone, water, janitorial, trash removal, sewer, and any other utility used or consumed in the Premises during the Lease term. Historical Society shall pay, and hold City and the property of City free and harmless from, all charges for utility services as they become due as part of the rental of the Premises. All such charges shall be paid by Historical Society directly to the provider of the service and shall be paid as they become due and payable but in any event before delinquency. City may elect to terminate this Lease if Historical Society fails or refuses to pay the charges for udlity services as assessed or incurred. ARTICLE 9. TAXES AND ASSFSSMENTS. 9.1 ~ment of Taxec and As~etsments as Additional Rent, In the event that a tax or assessment is imposed on the Premises that relates to Historical Society's use of the Premises, the parties agree to meet and discuss a satisfactory means of paying the tax or assessment. ARTICLE 10. IlVIPROVEMENTS. 10.1 Re~airs ~nd Mainten~nce. Historical Society has examined and inspected the Premises, and, by its entry of the Premises under this L.ease, Historical Society acknowledges that the Premises are not in good order and repair. During the Lease term, Historical Society, at its own cost and expense and at no cost and expense to City, shall continuously and without exception repair, maintain, and make improvements to all portions of the Premises to ensure that all portions of the Premises are in a good order, condition, and repair in compliance with all laws and orders. 10.2 ron~nt Procedure. Historical Society shall include with this Lease an exhibit of planned pre-use repairs of the building for approval by the City's Building Division. 10.3 M~nner of Construction. Historical Society shall make repairs or improvements in conformance with City's construction rules and regulations. All work relating to any repair or improvement shall be done in a good and workmanlike manner, using materials equivalent in quality to those used in the construction of the inifial improvements to the Premises. All work shall be diligently prosecuted to completion. 10.4 Covenant Against Liens. Historical Society shall submit to the City every six (6) months from the anniversary date of this Lease a list of planned repairs, renovations, and restorations with exhibits, as deemed necessary, and in no case shall changes in the Premises be made without the Historical Society providing notice to City. The City's Division of Building and Life Safety will endeavor to provide objections, concerns or approval within a twenty-one (21) day period. Historical Society shall not assume indebtedness for more than thirty (30) days for any materials, labor or contract. 7 10.5 Asbestos Notification. Historical Society acknowledges that City has advised Historical Society that the building contains, or, because of its age, may contain asbestos- containing materials (ACMs). Historical Society shall undertake the repairs and improvements in a manner that avoids disturbing any ACMs present in the building. If ACMs are likely to be disturbed in the course of such work, Historical Society shall encapsulate or remove the ACMs in accordance with an approved asbestos-removal plan and otherwise in accordance with all applicable environmental laws, including Health and Safety Code Secdons 25915-25919.7. 10.6 Waiver of Duty to Keen Premises Tenantable, Historical Society hereby expressly waives the provisions of Civil Code Sections 1941 and 1942 and any other statute or law requiring City to put or maintain the leased Premises in a condition fit for human occupancy and to repair all subsequent dilapidation of the Premises that render them untenantable and granting Historical Society the right to offset against the rent due under the Lease expenditures by Historical Society for repairs or improvements. 10.7 Environmental Comnliance. Historical Society shall comply with, and shall cause its agents, employees, representatives, contractors, subtenants, representatives, and invitees to comply with, all environmental laws relating to the Premises. Should a violadon be discovered during or after the Lease term, Historical Society agrees to notify the City within three (3) calendar days of such discovery of any and all information of which Historical Society becomes aware that would indicate the potential existence of any adverse environmental condition, mishap, or impact on Premises or noncompliance with any environmental laws, promptly undertake all steps necessary or appropriate to bring the Premises into compliance with all environmental laws at the sole cost and expense of Historical Society, and indemnify and hold City harmless against any and all liabilities arising therefrom. Tfie term "environmental laws" shall include all laws, statutes, regulations, ordinances, rules, decrees, orders, policies or other requirements of any federal, state, or local government authority with jurisdiction which relates to the quality of water, land, soils, air, fish, wildlife, and other natural resources. ~ 10.8 Collateral Esto~,~el. The judgment of any court of competent jurisdiction, or the admission of ~-Iistorical Society in any judicial or administrative action or proceeding that Historical Society has violated any laws and orders shall be conclusive, between City and Historical Society, of that fact, whether or not City is a party to that acdon. or proceeding. ARTICLE 11. EXCULPATION, INDEMNgTCATION, AND INSURANCE. 11.1 Definition of Historical Society Parties and Cit; Parties. The term "Historical Society parkies" refers singularly and collectively to Historical Society and Historical Society's officers, members, agents, employees, and independent contractors as well as to all persons and entities claiming through any of these persons or entities. The term "City parties" refers singularly and collectively to City and the respective officers, representadves, agents, servants, employees, and independent contractors of these persons or entitles. 8 11.2 Excul an tion. To the fullest extent permitted by law, Historical Society, on its behalf and on behalf of all Historical Society parties, waives all claims, in law, equity, or ~ otherwise, against City parties and knowingly and voluntarily assumes the risk of, and agrees that City parties shall not be liable to Historical Society parties, for any of the following: injury to or death of any person; or loss of, injury or damage to, or destruction of any tangible or intangible property, including the resulting loss of use, economic losses, and consequendal or resulting damage of any kind from any cause. City parties shall not be liable under this clause regardless of whether the liability results from any active or passive act, error, omission, or negligence of any of City parties; or is based on claims in which liability without fault or strict liability is imposed or sought to be imposed on any of City parties. This exculpation clause shall not apply to claims against City parties to the extent that a final judgment of a court of competent jurisdicdon establishes that the injury, loss, damage, or destrucdon was proximately caused by City parties' fraud, willful injury to person or property, sole active negligence, or violation of law. Such exculpation shall survive the expiration or earlier termination of this Lease until all claims within the scope of this exculpation clause are fully, finally, and absolutely barred by the applicable statutes of limitations. Historical Society acknowledges that this section was negodated with City, that the consideradon for it is fair and adequate, and that Historical Society had a fair opportunity to negotiate, accept, reject, modify, or alter it. With respect to the exculpation provided in this Article, Historical Society waives the benefits of Section 1542 of the Civil Code, that provides that "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 11.3 In~n.c~. Without limiting Historical Society's indemnificadon of City, Historical Society shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damages to property which may arise from or in connecdon with Historical Society's operadon and use of the Premises. The cost of such insurance shall be borne by Historical Society. a. Minim~m Scone of IncLr~nce Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001); b. Minimum Limits of Insurance Historical Society shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, ~ personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is 9 use~l, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; c. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Historical Society shall procure a bond guaranteeing payment of losses and related invesdgations, claim administration and defense expenses. d. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: (1) City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of premises owned, occupied or used by Historical Society. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers; (2) Historical Society's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Historical Society's insurance and shall not contribute with it; (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees or volunteers; (4) Coverage shall state that Historical Society's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability; (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written nodce by certified mail, return receipt requested, has been given to City. 10 e. Acce~tabili~y of Insurers Insurance is to be placed with insurers with a current A.M. Best's radng of no less than A:V. f. Verification of Covera~e Historical Society shall furnish City with original endorsements effecting coverage requireti by this clause prior to commencing any work on or occupying the Premises. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by City before work commences. As an alternative to City's forms, Historical Society's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecdng the coverage required by these specificadons. g. A,g~regate Limit~/Blanket Coverage If any of the required insurance coverage's contain aggregate limits, or apply to other operations or tenancy of Historical Society outside this Lease, Historical Society shall give City prompt, written notice of any incident, occurrence, claim, settlement or judgment against such insurance which in Historical Society's best judgment will diminish the protecdon such insurance affords City. Further, Historical Society shall immediately take all steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. h. Modification of CoveraQe City reserves the right at any time during the term of this Lease to change the amounts and types of insurance required hereunder by giving Historical Society ninety (90) days advance written notice of such change. i. Failure to Procure Insurance Within the foregoing constraints, Historical Society's failure to procure or maintain required insurance or a self-insurance program shall constitute a material breach of contract under which City may immediately terminate this Lease or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premiums in connection therewith, and recover all monies so paid from Historical Society. 11 j. 1nd r~ing Ins~r~nce Historical Society shall be responsible for requiring indemnification and insurance from its employees receiving mileage allowance, consultants, agents and subcontractors, if any, in the same amounts and including the same terms as specified herein, to protect Historical Society's and City's interests, and for ensuring that such persons comply with any applicable insurance statutes. k. Personal Pro~erty of Historical Societv City shall continue to provide property insurance for the Premises. Said property insurance shall 110~ provide coverage for Historical Society's personal property. Historical Society waives any claim against the City for or relating to damage to its personal property. 11.4 Indemnification. Historical Society, its Board of Directors, and the directors individually shall, at Historical Society's sole expense and with counsel reasonably acceptable to City, indemnify, defend, and hold harmless the City and City parties from and against any and all claims from any cause, that arise out of, result from, or relate to this Lease, the tenancy created under this Lease, or the Premises, including the use or occupancy, or manner of use or occupancy, of the Premises by Historical Society parties; any negligent act of Historical Society parties or of any invitee, guest, or licensee of Historical Society, or any other person authorized by Historical Society to use the Premises or any portion thereof; Historical Society's conducting of its business; any improvements, activities, work, or things done, omitted, pernutted, allowed, or suffered by Historical Society parties in, at, or about the Premises, including the violation of or failure to comply with any applicable laws and orders in existence on the date of Lease or enacted, promulgated, or issued after the date of L,ease; and any breach or default in performance of any obligation of ~iistorical Society's part to be performed under this Lease, whether before or during the Lea.se term or after its expiration or earlier termination. The intention of the parties being that with respect to compliance with laws and orders that Historical Society, during the Lea.se term, shall discharge and perform all the obligations of City, as well as all the obligations of Historical Society, arising as stated in Article 10, and indemnify City therefrom, so that at all times the rental of the Premises shall be net to City without deduction or expenses on account of any such laws and orders. 11.5 Definition of Claims. For purposes of this L,ease, "claims" means any and all claims, losses, costs, damage, expenses, liabilities, liens, actions, cause of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and attorney fees as defined in this Lease). 11.6 T,.rne of Ini~ or Loss Defined. This indemnification extends to and includes claims for injury to any persons (including death at any time resuldng from that injury); loss of, injury or damage to, or destrvction of property (including all loss of use resulting from that loss, 12 injury, damage, or destruction); and all economic losses and consequential or resulting damage of any ldnd. 11.7 Fffect of Negli~e~ ncP. Strict Liability~ or Willful Miscnnduct. Such indemnificadon shall apply regardless of the active or passive negligence of City parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City parties. The indemnification shall not apply to the extent that a final judgment of a court of competent jurisdiction establishes that a claim against one City party was proximately caused by the sole active negligence or willful misconduct of that City party. In that event, however, this indemnification shall remain valid for all other City parties. 11.8 Survival of Indemnification. 1fie clauses of this Article shall survive the expiration or earlier termination of this I,ease until all claims against City parties involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statute of limitations. ARTICLE 12. ASSIGNMENT. 12.1 A~nraval of Assignment. Historical Society shall not, without the City's prior written consent, permit assignment of any of its rights, delegation of any of its duties, assignment of all or any interest in this Lease, by operation of law or otherwise; sublet all or any part of the Premises or any right or privilege appurtenant to the Premises; or suffer any other person, other than City's agents and servants, to occupy or use all or any part of the Premises. In City's sole and absolute discretion, City may withhold its consent to any assignment, sublease, occupation, or use. City shall not be bound by any standard of reasonableness in exercising this discretion. Any assignment, subletting, occupation, or use by another person or entity without City's prior written consent shall be void and shall, at City's option, terminate this Lease. If Historical Society requests City to consent to a proposed assignment, subletting, occupadon, or use by any other person or endty, Historical Society shall pay to City, whether or not consent is ultimately given, City's actual attomey fees and costs, as defined in this Lease, incurred in connection with each such request. City's consent to one assignment, subletting, occupation, or use by any other person or entity shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person or entity. As used in this provision, "assignment" and "delegadon" shall mean any sale, gift, pledge, hypothecation; encumbrance, or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Lease to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 12.2 S~ccessors ~nd Assjg~c. This Lease shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors, and assigns. 13 ARTICLE 13. TERIVIINATION OF LEASE BEFORE EXPIRATION OF LEASE TERM. 13.1 Grounds for Termination. 13.1.1 ~reach of Lease. Either party to this Lease may terminate during this time period if the other party has breached a term, condition, or covenant of this Lease, notwithstanding that the Lea.se does or does not expressly provide that termination is a remedy for a breach of a particular term, condition, or covenant. There is no penalty for such termination. 13.2 Terminafion Procedure. The party exercising the option to terminate shall provide written notice with reason of the intent to terminate to the other party at least ninety (90) calendar days prior to the date of the intended termination. 13.3 C~'s~~tions at Termination. Upon terminadon of the Lease by City, and excluding termination by Historical Society's breach of the I.ease as set forth in subsection 13.1.1, the natural expiration of the Lease term or failure to renew or extend, City shall either purchase the improvements made by Historical Society as set forth in subsection 13.3.1 or, with the written agreement of Historical Society, sell the building to Historical Society and have Historical Society relocate the building to another site or, with the written agreement of Historical Society, pursue any other reasonable method of disposition of the improvements made by Historical Society. 13.3.1 C'itj+'s P~rchase of Imnrovements U~n Termination. Upon termination of the Lease by City, and excluding termination by Historical Society's breach of the Lease as set forth in subsection 13.1.1., the natural expiration of the Lease term, City shall reimburse Historical Society for the actual out of pocket cost of the permanent improvements that Historical Society made to the Premises. For purposes of this Article, "permanent improvements° shall mean those improvements that are affixed or attached to the Premises and not removable without material injury to the Premises. 13.3.2 u;~rnricai SociPty's Removal of the Building to Another Site. Upon ternunation of the Lea.se by City, and excluding termination by Historical Society's breach of the Lease as set forth in subsecdon ' 13.1.1., the natural expiration of the Lease term or failure to renew or extend, in the event that City desires the building to be removed from the real property, City may allow Historical Society to purchase the building at an agreed upon price and then remove the building, at Historical Society's sole expense, to another site. 13.4 Right~ and Obligations Cease. All rights and obligations of the parties shall cease on termination of this L.ease unless otherwise provided by the terms of this Lease. Neither party shall be liable to the other for damages of any kind, including without limitation incidental or consequential damages, resulting from the termination of this Lease. 14 ARTICLE 14. Si7RRENDER OF PREMISES. 14.1 Bemoval of Historical Society Pronerh?. On the expiration or earlier termination of the Lease term, Historical Society shall quit the Premises and surrender possession to City. On expiration or termination, City shall have the option to require Historical Society to, without expense to City, remove or cause to be removed from the Premises: all debris and rubbish; any items of personal property owned by Historical Society; and, any improvements that Historical Society is required to remove. Historical Society shall, at Historical Society's sole expense, repair all damage or injury that may occur to the Premises caused by Historical Society's removal of those items and shall restore the Premises to a good condidon. ARTICLE 15. DEFAULT. 15.1 Acts of Default. Any of the following events or occurrences shall consdtute a material breach of this Lease by Historical Society and, after the expiration of any applicable grace period, shall constitute an event of default (each an event of default): 15.1.1 Failure to Pav Costs or Charees. The failure by Historical Society to pay any amount in full when it is due under the Lease. ~ 15.1.2 Failure to Perform Obligation. The failure by Historical Society to perform any obligation under this Lease, which by its nature Historical Society has no capacity to cure. 15.1.3 F~lure to Perform After Notification. The failure by Historical Society to perform any other obligation under this Lease, if the failure has continued for a period of ten (10) days after City demands in writing that Historical Society cure the failure. If, however, by its nature the failure cannot be cured within ten (10) days, Historical Society may have a longer period as is necessary to cure the failure, but this is conditioned upon Historical Society promptly commencing to cure within the ten (10) day period and thereafter diligently completing the cure. Historical Society shall indemnify and defend City against any liability, claim, damage, loss, or penalty that may be threatened or may in fact arise from that failure during the period the failure is uncured. 15.1.4 Assignment. Any of the following: A general assignment by Historical Society for the benefit of Historical Society's creditors; any voluntary filing, petidon, or application by Historical Society under any law relating to insolvency or banlavptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the Premises by Historical Society without City's prior written consent; or the dispossession of Historical Society from the Premises (other than by City) by process of law or otherwise; 15.1.5 Annointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of all or substantially all of Historical Society's assets; or the 15 attachment, execution or other judicial seizure of all or substantially all of Historical Society's assets located at the Premises or of Historical Society's interest in this Lease, unless the appointment or attachment, execution, or seizure is discharged within thirty (30) days; or the involuntary filing against Historical Society, or any general partner of Historical Society if Historical Society is a partnership, of: a. A petition to have Historical Society, or any partner of Historical Society if Historical Society is a partnership, declared bankrupt, or b. A petition for reorganizadon or arrangement of Historical Society under any law relating to insolvency or bankruptcy, unless, in the case of involuntary filing, it is dismissed within sixty (60) days; 15.1.6 Abandonment. The abandonment of the Premises by Historical Society. 15.1.7 Waiver. Waiver by City of any default in performance by Historical Society of any of the terms, promises, or condidons contained herein shall not be deemed a continuing waiver of the same or any subsequent default. In the event any officer, agent or employee of City shall consent to an act or failure to act in violation of any provisions of this Lease, such act or failure to act shall be immediately corrected upon a request from City in writing. 15.2 Remedies on Event of DefaLlt. If an event of Default occurs, the nondefaulting party shall have the right to terminate the Lease and to pursue any remedy now or later available to the nondefauldng party at law or in equity. ARTICLE 16. EXPIRATION OF THE LEASE TERM. 16.1 ~P 'n o_f Imnrovements by itv. Upon the expiration of the Lease term, any and all improvements. made to the Premises shall, without compensation to Historical Society, then automatically and without any act of Historical Society or any third party become the City's property. Historical Society shall surrender such improvements to City free and clear of any and all liens and encumbrances. Historical Society agrees to execute, acknowledge, and deliver to City any instrument requested by City as necessary in City's opinion to perfect City's right, title, and interest to the Premises, including improvements. ARTICLE 17. ARBITRATION. 17.1 Dic ~ c 'ert to Arbitration. Any controversy or dispute between the parties to this Lea.se may be submitted to an arbitration panel, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Secdons 1280 et seq. of the California Code of Civil Procedure, to the extent that such provisions have not been modified pursuant to this Lease. Tfie losing party shall pay all costs and attorney fees, as defined in this Lease. 16 17.2 RLles Coverning Arbitration. 17.2.1 Limited Discoverv. No more than thirty (30) calendar days before the arbitration, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within five (5) business days. The arbitrators shall resolve any dispute over the exchange of documents as they would be resolved in civil litigation. Thereafter, each party may talce no more than three (3) depositions, each of which shall last no more than four (4) hours each. The arbitrators shall resolve any dispute over the depositions as they would be resolved in civil litigation. 17.2.2 Arbitrators' Powers. The arbitrators shall have the same powers as those of a judge of the superior court of the State of California, and shall render a decision as would a judge of a superior court of the State of California in accordance with the law and the facts. 17.2.3 Written Decision. Within fifteen (15) days after compledon of the arbitration, the arbitration panel shall submit a tentative decision in writing, issuing findings of fact and specifying the reasoning for the decision and any calculations necessary to explain the award. Each party shall have fifteen (15) days in which to submit written comments to the tentative decision. Within ten (10) days after the deadline for written comments, the arbitration panel shall mail a written decision of the final award to each party. 17.2.4 Costs. Each party to the arbitration shall pay a pro rata share of the arbitrators' expenses and fees. The arbitrators shall award the prevailing party its expenses and fees of arbitration, including reasonable attorney fees, as defined in this Lease. If it becomes necessary to enforce an award made by the arbitrators or a judgment based on such award, the prevailing party shall be endded to attorneys' fees, as defined in this Lease. 17.2.5 7udicial Review of Award. The parties shall be entitled to judicial review of an arbitrator's error or mistake of fact or law, and to judicial review of any issue that would have been entitled to judicial review if such issue had been addressed or decided by a superior court of the State of California. ARTICLE 18. ATTORNEYS' FEFS. 18.1 A orn~,ys' Fees, o ts, and Ex~enses. In any litigation, arbitration, or other proceeding in law or equity by which one party to this L,ease seeks to enforce its contract rights under this Lea.se, to resolve an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Lease, to seek a declaration of any rights or obligations under this Lease, or to interpret the provisions of this Lease, the prevailing party shall be entifled to recover from the losing party actual attorneys' fees incurred to resolve the dispute and to enforce the final judgment, award, decision, or order and such fees, costs, .or expenses shall be in addition to any other relief to which the prevailing party may be entitled. The award of attorneys' fees 17 shall be deemed to have accrued upon the commencement of the action and shall be paid whether or not such action is prosecuted to judgment, award, decision, or order. "Proceeding" shall mean any action, suit, claim, arbitration, alternative dispute resolution mechanism, invesdgation, administrative hearing, or any other proceeding, including but not limited to civil, criminal, administrative, regulatory, or investigative. The attomeys' fees to be awarded the prevailing party may be deterrnined by the court or other decision maker in the same action or proceeding or in a separate action brought for that purpose. Any judgment, award, decision, or order entered in such action or proceeding shall contain a specific provision providing for the recovery of actual attorneys' fees incurred in enforcing such judgment, award, decision, or order. The award of attorneys' fees shall not be computed in accordance with any court schedule, but shall be made so as to fully reimburse the prevailing party for all attorneys' fees, paralegal fees, and expenses actually incurred in good faith, regardless of the size of the judgment, award, decision, or order, it being the intention of the parties to fully compensate the prevailing party for all actual attorneys' fees, paralegal fees, and costs and expenses paid or incurred in good faith. This provision applies to the entire Lease. ARTICLE 19. CONDENINATION. 19.1 Condemnation Sums. In the event that the leased Premises shall be taken, in whole or in part, through the exercise of any power of eminent domain exercised by any federal, state, or local municipality having the power thereof, the Lease term shall terminate and expire on the date of such taking and any sums paid by such condemning authority shall be paid to the City. The Historical Society shall be reimbursed for the actual out of pocket cost of the permanent improvements made to the Premises. ARTICLE 20. MISCELLANEOUS. 20.1 LYQtis~~. To be effective, all notices, requests, demands, and other communications required or permitted under this Lease shall be in writing and shall be delivered either in person or by certified mail, postage prepaid, return receipt requested. Notice is deemed effective on delivery if served personally on the party to whom notice is to be given and delivery is confirmed by a receipt. . Notice is deemed effective on the second day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, return receipt requested, postage prepaid, and properly addressed as set forth below. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be nodfied shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities. The addresses for purposes of giving notice are as set forth below but each party may change its address by written notice in accordance with this paragraph. HISTORICAL SOCIETY: South County Historical Society P.O. Box 633 Arroyo Grande, CA 93421-0633 18 CITY: City of Arroyo Grande Attn: City Manager P.O. Box 550 Anoyo Grande, CA 93421-0550 20.2 Discrimination Prohibited. No person shall on the grounds of race, religion, color, national origin, or sex, be excluded from participafion in, be denied the benefit of, or be subjected to discriminadon under this program/project. For purposes of this Section 570.601(b) defines specific discriminatory ac6ons which are prohibited and correcdve acdon which shall be taken in situation as defined therein. 20.3 Nondiccrimination~ Fq a~ 1 E~yment Practices, ~nd A rmative Action Program. Historical Society shall comply with the nondiscrimination laws of the United States of America, the State of California, and City in perfornung this Lease, Historical Society shall not discriminate in its employment practices against any employee, or applicant for employment because of such person's race, religion, national origin, ancestry, sex, age, or physical handicap. 20.4 No Relocation Assistance. Historical Society acknowledges that it is occupying property of a public agency on a temporary basis. Upon termination of this Lease, upon its expiration or otherwise, Historical Society shall not be entided to receive any compensation or relocation assistance or benefits which may be provided by the Uniform Relocation Acts or other laws of the United States or of the State of California. All improvements constructed on the Premises shall, upon expiration or sooner termination of this Lease, becQme the sole property of City. . 20.5 No Mortg~ging Leasehold. Historical Society shall have no right to subject the leasehold estate or the Premises to any mortgage, deed of trust or other security interest. 20.6 Time of Essence. Time is of the essence in this Lease. 20.7 Effectiveness. This Lease shall be effective only when signed by both parties to the Lease and approved by formal action of the City Council of City. 20.8 NecPssa~ Acts/Other Instn~ments. The parties shall at their own cost and expense execute any and all other documents and instruments and shall take any and all actions as may be reasonably required, necessary, or appropriate to evidence or carry out the intent and purposes of this Lease. 20.9 Good Faith. Each party to this Lease shall act in good faith in performing their respective obligations set forth in this Lease. 20.10 Waiver. The waiver of any breach of any condition, covenant, term, or provision of this Lease by any party to this Lease shall not be deemed to be a waiver of any preceding or 19 subsequent breach under the Lease, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party maldng the waiver. 20.11 Authorizations. All officers and individuals executing this and other documents on behalf of the respective parties do hereby certify and warrant that they have the capacity and have been duly authorized to so execute said documents on behalf of the entity so indicated. Each signatory shall also indemnify the other pariy to this Lea.se, and hold them harmless, from any and all damages, costs, attorneys' fees, and other expenses, if the signatory is not so authorized. 20.12 Heading~ and Ca~tions. The captions and headings of this Lease are inserted for convenience only and shall not be deemed a part of this I.ease and shall ,not be used in interpreting this Lease or in determining any of the rights or obligations of the parties to this Lease. 20.13 Word ~e_. Unless the context clearly requires otherwise, the plural and singular words shall each be deemed to include the other; "shall," "will," or "agrees" are mandatory, and "may" is permissive or discretionary; "or" is not exclusive; the masculine, feminine, and neuter genders shall each be deemed to include the others; and "includes" and "including" aze not limiting. 20.14 ~everabil~tv~. If any term, provision, covenant, or condition of this Lease shall be or become illegal, invalid, null, void, unenforceable, or against public policy, in whole or in part, or shall be held by any court of competent jurisdiction to be illegal, invalid, null, or void, or against public policy, the term, provision, covenant, or condition shall be deemed severable, and the remaining provisions of this Lease shall remain in full force and effect and shall not be affected, impaired, or invalidated. The term, provision, covenant, or condition that is so invalidated, voided, or held to be unenforceable shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Lease. 20.15 o n ~r~ Execution. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 20.16 Choice of Law. This Lease shall be governed by and construeti and enforced in accordance with the laws of the State of California, with venue for all purposes to be proper only in the County of San Luis Obispo, State of California. 20.17 Entire greement. This Lease constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the lease and supersedes all prior and contemporaneous agreements, promises, representations, warranties, understandings, or undertakings by either of the parties, either oral or written, of any character or nature. No party has been induced to enter into this Lease by, nor is any party relying on, any representation or warranty outside those expressly set forth in this L.ease. 20 20.18 Amendments. This Lease may be altered, amended, modified, or supplemented only by an instrument in writing, executed by the parties to this Lease and by no other means. No alteration, amendment, modification, or supplement of this I.ease shall be binding unless it is in writing and signed by both parties. Each party waives their future right to claim, contest, or assert that this Lease was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel. 20.19 Ambig~, i~ ties. Fach party and its counsel have participated fully in the review and revision of this L,ease. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Lease. IN WITNFSS WHEREOF, City has executed this Lease with the approval of its City Council, and caused its official seal to be affixed and Historical Society has executed this I.ease in accordance with the authorization of its Board of Directors and has caused its official seal to be affixed. SOUT~i UNTY HISTORICAL SOCIETY B v~~ Y• ~a p~~, . ~r~~e~ T: , ~ BOA SECRETARY ~ CITY F A NDE . By: . . "Pete" DOUGALL, AYOR ATTFST: . NANCY D IS, City Clerk APPROVED AS TO FORM: LYON & CARMEL ~ ~ By: imothy . C e ~ City Attorney 21 9.i. o~ pRRO1?Oc ~ ~ INCORPORATED ~ ~ T MEMORANDUM ~ ,NAY 10. 1911 * c~~~FORN~P TO: CITY COUNCIL FROM: RICK TerBORCH, CHIEF OF POLICE SUBJECT: AUTHORIZATION TO SOLICIT BIDS FOR CONTRACT SERVICES FOR THE MAINTENANCE OF POLICE DEPARTMENT VEHICLES FOR FY 1999-2000 DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council authorize staff to solicit bids for contract services for the maintenance of Police Department vehicles, per the attached specifications, for FY 1999-2000. FISCAL IMPACT: The Preliminary City Budget for FY 1999-2000 contains a proposal for the expenditure of 550,000 for the maintenance of Police Department vehicles. DISCUSSION: Historically, the City has utilized various regional automotive repair services to perform routine maintenance and major repair services to Police Department vehicles. These services are currently being provided at standard retail pricing. Vehicle maintenance costs have risen steadily over the past years (FY 95-96, $37,246; FY 96-97, 544,686; FY 97-98, 544,146; and FY 98-99, approximately $52,000). In an effort to be more cost efficient, staff proposes seeking vehicle bids for a vehicle maintenance contract for the police fleet for the next fiscal year. This would allow staff the ability to evaluate the cost effectiveness of utilizing a contract approach to vehicle maintenance. If successful, staff will recommend expansion of the program to include all City vehicles the following fiscal year. Prior to 1991, many routine vehicle maintenance services and some minor repairs were conducted "in-house" by City staff. Due to the fiscal crisis in FY 1991-92, the City eliminated one of the automotive mechanic positions and all maintenance services to the Police Department fleet were performed by outside vendors. Even though a position has been added back to vehicle maintenance, given both the growth of the CITY COUNCIL AUTHORIZATION TO SEEK BIDS FOR CONTRACT SERVICES FOR THE MAINTENANCE OF POLICE DEPARTMENT VEHICLES FOR FY 1999-2000 MAY 25, 1999 PAGE 2 City's overall fleet and the increasing technical complexities of the vehicles, it is necessary to utilize outside vendors to maintain the various City vehicles. The attached specifications reflect State and City requirements relating to contract vehicle maintenance. Alternatives: The following alternatives are provided for the Council's consideration: - Authorize staff to solicit bids for maintenance of Police Department vehicles during FY 1999-2000; - Deny the authorization to solicit bids for Police Department vehicle maintenance; - Provide direction to staff. Attachment NOTICE INVITING BIDS The City of Arroyo Grande is inviting bids pursuant to Specifications for Police Department vehicle maintenance and repair service. Additional information may be obtained by contacting: Larry Iness, Fleet Maintenance Coordinator City of Arroyo Grande P. 0. Box 550 Arroyo Grande, CA 93421 (805)473-5468 All bids must be sealed and submitted before 10:00 a.m., Friday, July 9, 1999, to the following: Kelly Wetmore, Director Administrative Services City of Arroyo Grande P. 0. Box 550 Arroyo Grande, CA 93421 (805?473-5414 NOTE: Please mark the outside of the envelope: POLICE VEHICLE MAINTENANCE BID July 9, 1999 10:00 a.m. CITY OF ARROYO GRANDE • POLICE VEHICLE MAINTENANCE • SPECIFICATIONS TABLE OF CONTENTS General Bid Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Special Bid Terms and Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 General Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SubmissionForms .................................................10 Purchase Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 CITY OF ARROYO GRANDE • GENERAL BID TERMS AND CONDITIONS Requirement to Meet All Bid Provisions - Each bidder shall meet all of the specifications, bid terms, and conditions. By virtue of the bid submission and acceptance of the bid award, the bidder acknowledges agreement with the acceptance of all provisions of the specifications, except as expressly qualified in the bid proposal. Nonsubstantial deviations may be considered provided that the bidder submits a full description and explanation of, and justifications for, the proposed deviations. Final determination of any proposed deviation will be made by the City of Arroyo Grande. Bid Submission - Each bid must be submitted on the form(s) provided in the bid package. Bid documents shall be enclosed in an envelope which shall be sealed and addressed to Director of Administrative Services, City of Arroyo Grande, P. 0. Box 550, Arroyo Grande, CA 93421. In order to guard against premature opening, the bid should be clearly labeled with the bid title, name of bidder, and date and time of bid opening. Bid Retention and Award - The City reserves the right to retain all bids for a period of 45 days for examination and comparison. The City also reserves the right to waive nonsubstantial irregularities in any bid, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that the bids are qualified by specific limitations, and to make award to the lowest responsible bidder as the interest of the City may require. Bid Quotes and Unit Price Extensions - The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Bid Submission Form(s?. Any lump sum bid shall be stated in figures. The Bid Submission Formis) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform to the specified unit price. Bid Withdrawal - A bidder may withdraw its proposal, with prejudice prior to the time specified for the bid opening, by submitting a written request to the City's Director of Administrative Services for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than the place stated in the "Notice Inviting Bids" will be considered. All bids will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the bids. Submission of One Bid Onlv - No individual, or business entity of any kind shall be allowed to make or file, or to be interested in more than one bid, except an alternative bid when specifically requested; however, an individual or business entity which has submitted a sub- proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, it not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. Contract Requirement - The bidder to whom award is made shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to 1 it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. The bidder warrants that he/she possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District laws, ordinances, and regulations which are applicable. Failure to Accept Contract - If the bidder to whom the award is made fails to enter into the contract; the award will be annulled; any bid security will be forfeited in accordance with the Special Bid Terms and Conditions if a bidder's bond or security is required; and an award may be made to the next lowest responsible bidder who shall fulfill every stipulation as if it were the party to whom the first award was made. Contract Assignment - The bidder shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City of Arroyo Grande. Non-Discrimination - In the performance of the terms of this contract, the bidder agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Work Delavs - Should the successful bidder be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to Federal Government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the successful bidder. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. Labor Actions - In the event that the successful bidder is experiencing a labor action at the time of the award of the bid (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said bidder is no longer the lowest responsible bidder and to accept the next acceptable low bid from a bidder that is not experiencing a labor action, and to declare it to be the lowest responsible bidder. Sales Tax Reimbursements - The sales tax paid on taxable sales occurring within the City of Arroyo Grande is currently 7.25%. Communications Regarding Bid - All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. 2 Payment Terms - The City's payment terms are 30 days from the receipt of an original invoice referencing the City's Purchase Order number and acceptance of the materials, supplies, equipment or services (Net 30). Payment will only be released upon authorization from the City Council. 3 CITY OF ARROYO GRANDE • SPECIAL BID TERMS AND CONDITIONS Police Vehicle Maintenance • Specifications Contract Term - The materials and services bid upon will be used by the City between July 1, 1999 and June 30, 2000. The prices bid for these items must be valid for the entire period indicated above unless otherwise conditioned by the bidder in the bid exceptions. Estimated Quantities - The quantities indicated in the Detailed Bid Specifications/Bid Submission Form are estimates based on past purchasing experience, and will be used to determine the lowest overall bid. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. Non-Exclusive Contract - The City reserves the right to purchase the items listed in the Detailed Bid Specifications/Bid Submission Form, as well as any supplemental items, from other vendors during the contract term. Supplemental Purchases - Supplemental purchases may be made from the successful bidder during the contract term in addition to the items listed in the D'etailed Bid Specifications/Bid Submission Form. For these supplemental purchases, the bidder shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the bidder is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the bid submission. Insurance - The Contractor shall meet the following provisions (Sections 1 through 7) relating to insurance coverage. 1. General Conditions - Without limiting the Contractor's indemnification of City, Contractor shall provide and maintain at its own expense the insurance listed under Section 7(Evidence of Coverages) covering its operations, subject to the following conditions: a) The City, its Boards, Officers, Agents, and Employees shall be included as additional insured in all liability insurance policies except, for Workers' Compensation and Professional Errors and Omissions. The City shall be named Loss Payee as its interest may appear in all property insurance. b) Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance for contributions. c) With respect to the interests of the City, the Contractor's insurance shall not be cancelled nor reduced in coverage or limits until after thirty (30) days written notice shall have been sent by certified mail (return receipt requested) to the Director of Administrative Services, City of Arroyo Grande, P. O. Box 550, Arroyo Grande, CA 93421 and shall contain an unequivocal clause so stating. 4 d) Evidence of insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or tenancy. 2. Workers' Compensation - The Contractor shall procure and maintain during the life of the contract Workers' Compensation Insurance for all its employees engaged on or at the site of the project; and in case any of the work is sublet, the Contractor shall require all subcontractors to similarly provide Workers' Compensation Insurance for all the latter's employees unless such employees are covered by protection afforded by Workers' Compensation Insurance carried by the Contractor. By submitting a bid pursuant to these specifications, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation. 3. Aggregate Limits/Blanket Coverage - If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of the Contractor outside these specifications, Contractor shall give City prompt, written notice of any incident, occurrence, claim, settlement, or judgement against that insurance which may diminish the protection that such insurance affords the City. Contractor shall further take immediate steps restoring such aggregate limits or shall provide other insurance protection for such aggregate limits. 4. Modification of Coveraae - The City reserves the right at any time during the term of any agreement executed with the Contractor pursuant to these specifications (Agreement) to change the amounts and types of insurance required hereunder by giving Contractor ninety (90) days written notice. If such change should result in a premium increase in excess of ten percent (10%) to Contractor, the City agrees to negotiate additional compensation proportional to the increased benefit to the City. 5. Failure to Procure Insurance - Contractor's failure to procure or maintain the required insurance program shall constitute a material breach of contract under which the City may immediately terminate the Agreement or, at its discretion, procure or renew such insurance to protect the City's interests and pay any and all premiums in connection therewith, and recover all monies so paid from Contractor, or deduct all monies so paid from payments due Contractor. 6. Underlying Insurance - Contractor shall be responsible for requiring indemnification and insurance as it deems appropriate from its employees receiving mileage allowance, consultants, agents, and subcontractors, if any, to protect the Contractor's and the City's interests, and for ensuring that such persons comply with any applicable insurance statutes. Contractor is encouraged to seek professional advice in this regard. 7. Evidence of Coverages - Evidence of coverages as checked below, having as a minimum the limits shown, must be submitted and approved prior to commencement of work or any tenancy. Amounts shown are Combined Single Limit (CSL?. Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount. 5 Description Limits X Workers' Compensation (X) Employer's Liability Statutorv ( ) Waiver of Subrogation 5250,000 X General Liability (must be written on an S 1,000.000 occurrence form) (XI Premises and Operations (X) Contractual Liability (X) Independent Contractors (X) Products/Completed Operations (X) Broad Form Property Damage (X) Personal Injury (X) Broad Form Liability Endorsement (X) Explosion Hazard ( ) Collapse/Underground Hazard X Automobile Liability (must be written on an S 1,000,000 occurrence form) (X) Owned Automobiles (X) Nonowned/Hired Automobiles (X) Garagekeeper's Legal Liability _ Professional Liability (Errors and Omissions) 5 (to be continuous force from date of contract award until one year after final acceptance of the project) _ Property Insurance S All Risk Coverage Boiler & Machinery ( 1 Fire & Extended Coverage Vandalism & Malicious ( ~ Sprinkler Leakage Mischief ( ) Flood 5 ( ) Earthquake S ( ) Fire Legal Liability S _ Fidelity Bond S _ Owner's Protective Liability S Notes: 6 CITY OF ARROYO GRANDE • GENERAL SPECIFICATIONS Police Vehicle Maintenance Services • Specifications As of July 1, 1999, the Police Department fleet of 21 vehicles will consist of: One (1) 1969 Ford Mustang Coupe 302 Cubic In. Engine One (1 ~ 1990 Ford Crown Victoria Sedan 5.8 HO Litre Engine One (1) 1991 Chevrolet S-10 Pick up 4.3 Litre Engine Four (4) 1992 Chevrolet Lumina Sedans 3.1 Litre Engine Two (2) 1993 Ford Crown Victoria Sedans 4.6 Litre Engine Two (2) 1994 Ford Crown Victoria Sedans 4.6 Litre Engine One (1) 1994 Oldsmobile Cutlass Ciera Sedan 3.8 Litre Engine Two (2) 1995 Ford Crown Victoria Sedans 4.6 Litre Engine Two (2) 1996 Ford Crown Victoria Sedans 4.6 Litre Engine One (1) 1997 Ford Expedition 5.4 Litre Engine Two (2) 1998 Ford Crown Victoria Sedans 4.6 Litre Engine One (1) 1996 Kawasaki 2000 Motorcycle 1000 cc One (1) 1998 Kawasaki 2000 Motorcycle 1000 cc It is contemplated and required that any vehicles which may be added to the fleet during the term of this agreement shall be maintained and repaired by the contractor to whom this bid is awarded in accordance with the unit prices and hourly labor rates identified in the bid submitted. General Specifications - Contractor's service facility shall be located within five (5) miles of 200 N. Halcyon Road, Arroyo Grande. - Bid award shall be based upon cost comparison, scope, and availability of merchandise and qualified labor, vehicle security capability, suitability of facility and equipment for expected use, and past professional experience, exposure, and reputation. The objective of these specifications is to provide the Arroyo Grande Police Department with an on-going, high quality vehicle maintenance and repair service capability. In order to achieve this aim, the vendor shall perform, until June 30, 2000, in the following manner: A. Contractor Qualifications, Performance Standards, Work Guarantees 1. All work shall be done by a certified mechanic licensed by the Bureau of Automotive Repair and the Department of Consumer Affairs. 7 2. Contractor must provide at least one vehicle hoist and one diagnostic scope. The hoist must be of such a type that any department vehicle may be sufficiently elevated so as to permit a thorough and simultaneous inspection of the entire undercarriage. 3. Contractor must be able to secure and ensure the protection of at least six (6) police vehicles. Vehicles awaiting repair or completion of repairs must be kept in a fenced area or building, either of which must be locked during non-business hours. 4. All work shall conform with the operational requirements specified by the vehicle manufacturer in its shop service manual for each vehicle type. 5. All work shall be performed within the time determined by Chilton's Labor Guide except for jobs which have a mutually agreed upon flat rate, (e.g., air conditioner service 520.00, etc.). Other labor guides shall not be substituted. 6. Contractor shall perform all work within the timeframe agreeable to the Arroyo Grande Police Department. 7. Contractor shall guarantee parts for the same period of time given it by the manufacturer or supplier of said parts. Contractor shall guarantee workmanship for a period of thirty (30) days during which time corrective action shall be taken at no cost to the Arroyo Grande Police Department. Normal wear and tear, employee abuse, or failure to provide for normal maintenance shall nullify guarantee. 8 Contractor shall be responsible for any sublet service in the same manner as if its employees had performed the work. B. Pre-Authorization Requirements 1. On all repairs to one vehicle which are estimated to be two hundred fifty dollars (5250.00) or more, prior authorization to proceed shall be secured from the Arroyo Grande Police Department. Receipt of such authorization shall be noted on the work order by date and person making the authorization. 2. Contractor shall receive prior authorization for any sublet work. All sublet vendors must be pre-approved by the Arroyo Grande Police Department. Vendor will charge Arroyo Grande Police Department his/her cost for all sublet work. 3. All sublet vendors intended to be used by Contractor must receive authorization by Arroyo Grande Police Department. 4. Contractor shall hold for inspection all replaced parts. Replaced parts may not be disposed of prior to being inspected by authorized Arroyo Grande Police Department personnel. 8 C. Billing Requirements 1. The hourly charge established by bid shall be the labor rate charged for ali repair services. 2. All times for labor shall be individually listed in each work order adjacent to the job description. 3. All exceptions to times listed in Chilton's Labor Guide as well as all unlisted jobs, shall be individually explained and listed. 4. All parts and sublet charges are to be in accordance with the mark-up over Contractor's cost as established by bid. 5. All parts and sublet repairs shall be listed by receipt number on the invoice. 6. All receipts for parts or sublet repairs shall include notations identifying the invoice number which corresponds to the job for which they were required. 7. All parts charges shall be listed on the invoice by part number and description (e.g., head gasket D-122, trans seal X-495, etc.?. 8. All work order invoices are to be fully completed (including date, vehicle number, vehicle description, license number, mechanic's name, odometer reading, parts, sublet repairs, labor, etc.) immediately following job description. Failure to fully complete invoices shall be grounds for denial of payment authorization. 9. Contractor shall review and sign all work orders submitted by its mechanic (dual signatures). 10. Contractor shall maintain all invoices and receipts in such a manner as to allow for easy audit for two (2) years after the end of the contract's term. 9 ~I ~ CJi ~P W N~ ~ ~ CO OD ~I ~ U1 ~ W N ~~-IpC~2cn -I ~~Z<~~-~~DD~ ~ ao O v~~ ~ o ~ p m m m v m~ v o~~ s v v D o ~ ~ ~ c~ ~ ~ m -i ~ ~ ~ ~ ~ y ~ C~ ~ ~ r ~ a C y ~ n•< ~ m ~ ~ o O a~ ~ a ~ m~ ~ ~ ~ o T-~ ~ aWi ~ ~ ~ m~ y~ a a~ c~ ~ ~ ~ v a r: ~ ~ r ? ai n m m~ m a m ai ~ D~ ~ O ~ ~ ~ Q' c~ :U v m ci ~ 3~<° g~ Q C~ T a n ~ ~ ~ C ~ tn~ ~ ~ cp <p p ~ p 7 T. ~ !n N. ~ ' < ~ C~ (D ca n ~ ~ S O fD (D N~-p ~ O ~ ^ ~ ~ c ~ '0 ~ n ~ ~ ~ z ~ ~ 2 ~ j (D m Q ~ o ~ c~' c~ c~ c Q ~ (n ~ ~ r ~ N~ ~ C N v~ m o Q, -o s ~ v o < o ~ o ~ ~'v m o ~ ~ p (D S2~ v~ a ~ ~ ~ ~ ~ ~7 ~ 7~ ~ ~ v ~ ~ p. ~ fp N ff~ fD 0 C~ c~ m ~ ~ ~ ~ D N 7 ~ ~ ~ r m o u' Z Z ~ r tn ~ ~ ~ ~ N in a~ ~ oDyo ~ ~ ou,w.nNi ~ in~ino~ ~ o0 w o w bo iv cn oo ° v in ~ o o ~ ~ : ~ • ~ : ~ n ~ < < n a a ~ 0 0 0 ~ ~ Z ~ o o ~ ~ : ~ W . o : o ~ ~ X X X X X X X X X X X X X X X X X X ~ Z . . ~ r~ cflc~r~r~~rfl c~~bar~r~tfl~~~~cfl O 0 0 ~ c r. c ~ ~ ~ ~ cD ~ • • o 0 0 X X X X X X X X X X X X X X X X X X m m y N N ~ ~ ~ ~ ~ ~ ~ O O O O O O ~ O O O~ N N 0 O O O O ~ . 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Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m s ~ ~ m o ti ~ ~ ~ W - Q 'v ~ DETAILED BID SPECIFICATION/SUBMISSION FORM D. LABOR UNPROGRAMMED WORK Flat Hourly Estimated Total Rate Hrs/Year Cost X 225 = S E. MARK-UP OVER CONTRACTOR'S COST OF PARTS FOR UNPROGRAMMED PURCHASES 53,000 in unprogrammed purchases or parts at Contractor's cost + retail mark-up equals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S F. NUMBER OF CARS THAT CAN BE SECURED OVERNIGHT (Refer to No. A-3 of the General Specification for minimum vehicle storage requirements.) G. DESCRIBE SECURITY ARRANGEMENTS H. ESTIMATE OF NUMBER OF VEHICLES THAT COULD BE WORKED ON AT ONE TIME I. NUMBER OF CERTIFIED MECHANICS (List Certificates) . . . . . . . . . . . . . . . . . . . . J. IS YOUR FACILITY REGISTERED THROUGH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( ? YES ( ) NO K. WORK PERFORMANCE GUARANTEES: Number of days or number of miles for which repairs are guaranteed following completion of work. (Refer to No. A-7 of the General Specifications for minimum parts and workmanship guarantees) 12 CITY OF ARROYO GRANDE • SUMMARY BID SUBMISSION FORM Vehicle Maintenance & Repair Services • Specifications Date: TO: Kelly Wetmore, Director of Administrative Services City of Arroyo Grande 214 E. Branch Street P. O. Box 550 Arroyo Grande, CA 93421 (805)473-5414 The undersigned declares that he/she has carefully examined Specifications accompanying the invitation to bid and is thoroughly familiar with the contents thereof. Bid Item: Vehicle Maintenance & Repair Services As described in said detailed specifications, which are made part of this proposal, quoted herein in full: A. Total Services (Labor Only . . . . . . . . . . . . . . . . . . . . . . . . S 6. Total Flat Rate Services . . . . . . . . . . . . . . . . . . . . . . . . . . $ C. Total Parts & Materials . . . . . . . . . . . . . . . . . . . . . . . . . . $ D. Total Labor - Unprogrammed Work . . . . . . . . . . . . . . . . . . S E. Total Unprogrammed Purchases or Parts . . . . . . . . . . . . . . 5 TOTAL 5 THE ONLY EXCEPTION FROM THE SPECIFICATIONS ARE: (Include any brand names which differ from those specified.) Signature: Title: Name of Individual Signing: Firm Name: Phone Address: (Misc\Vehicle-.frm) 13 AGREEMENT FOR SERVICES OF CONTRACTOR This Agreement is made upon the date of execution, as set forth below, by and between (hereinafter referred to as "CONTRACTOR"), and the CITY OF ARROYO GRANDE, a Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: WHEREAS, On CITY invited bids for the procurement of police vehicle maintenance and repair services per Bid Specifications. WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid which was accepted by CITY for said service. 1.00 GENERAL PROVISIONS 1.01 TERM: The term of this Agreement shall be from July 1, 1999, through June 30, 2000, contingent upon CITY's adoption of its 1999-2000 Budget appropriating funds relative thereto. 1.02 INCORPORATION OF BID DOCUMENTS BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. 1.03 CONTRACT COORDINATION a. CITY. The Chief of Police shall be the representative of CITY for all purposes under this Agreement. The Chief of Police, or his designated representative, hereby is designated as the Contract Manager for the CITY. He shall supervise the progress and execution of this Agreement. b. CONTRACTOR. CONTRACTOR shall assign a single Contract Manager to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. is hereby designated as the Contract Manager for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY's Contract Manager. 1.04 SERVICES TO BE PERFORMED BY CONTRACTOR: CONTRACTOR agrees to perform and provide the services specified in the Bid Specifications. CONTRACTOR shall determine the method, details and means of performing the above-referenced services. 14 CONTRACTOR may, at CONTRACTOR's own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement. CITY may not control, direct or supervise CONTRACTOR's assistants or employees in the performance of those services. 1.05 COMPENSATION: In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR based upon the actual quantities ordered and received by CITY and unit prices bid by CONTRACTOR. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: CONTRACTOR agrees to devote the hours necessary to perForm the services set forth in this Agreement in an efficient and effective manner. CONTRACTOR may represent, perform services for and be employed by additional individuals or entities, in CONTRACTOR's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with CITY's business. 2.02 TOOLS AND INSTRUMENTALITIES : CONTRACTOR shall provide all tools and instrumentalities necessary to perform the services under this Agreement. 2.03 LAWS TO BE OBSERVED. CONTRACTOR shall: a. Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be perFormed by CONTRACTOR under this Agreement; b. Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONTRACTOR's performance under this Agreement, or the conduct of the services under this Agreement; c. At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; d. Immediately report to the CITY's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. 2.04 RELEASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR under this Agreement shall be the property of CITY and shall not be made available to any 15 individual or organization by CONTRACTOR without the prior written approval of the CITY's Contract Manager. 2.05 COPIES OF VIDEO TAPES. REPORTS AND INFORMATION. If CITY requests additional copies of videotapes, reports, drawings, specifications, or any other material in addition to what the CONTRACTOR is required to furnish in limited quantities as part of the services under this Agreement, CONTRACTOR shall provide such additional copies as are requested, and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR's direct expense. 2.06 QUALIFICATIONS OF CONTRACTOR. CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. 2.07 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and CONTRACTOR intend and agree that CONTRACTOR is an independent contractor of CITY and agrees that CONTRACTOR and CONTRACTOR's employees and agents have no right to Workers' Compensation and other employee benefits. If any worker insurance protection is desired, CONTRACTOR agrees to provide Workers' Compensation and other employee benefits, where required by law, for CONTRACTOR's employees and agents. CONTRACTOR agrees to hold harmless and indemnify CITY for any and all claims arising out of any claim for injury, disability, or death of CONTRACTOR and CONTRACTOR's employees or agents. 2.08 INDEMNIFICATION: CONTRACTOR hereby agrees to, and shall, hold CITY, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from CONTRACTOR's or any of CONTRACTOR's employees' or agents' operations under this Agreement, whether such operations be by CONTRACTOR or by any one or more persons directly or indirectly employed by, or acting as agent for, CONTRACTOR provided as follows: a. That CITY does not, and shall not, waive any rights against CON- TRACTOR which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any agent or employee of CONTRACTOR regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 16 2.09 INSURANCE: CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under the Bid Specifications. 3.00 TIME FOR COMPLETION OF THE WORK Program scheduling shall be as described in The Bid Specifications. Time extensions may be allowed for delays caused by CITY, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the CONTRACTOR. 4.00 TEMPORARY SUSPENSION The CITY's Contract Manager shall have the authority to suspend this Agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this Agreement. CONTRACTOR will be paid the compensation due and payable to the date of temporary suspension. 5.00 INSPECTION CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the CITY's Contract Manager's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its Agreement as prescribed. 6.00 OWNERSHIP OF MATERIALS All original drawings, videotapes and other materials prepared by or in possession of CONTRACTOR pursuant to this Agreement shall become the permanent property of the CITY, and shall be delivered to the CITY upon demand. 7.00 OBLIGATIONS OF CITY CITY agrees to comply with all reasonable requests of CONTRACTOR necessary to the performance of CONTRACTOR's duties under this Agreement. 17 8.00 TERMINATION OF AGREEMENT 8.01 TERMINATION OF NOTICE. Nofinrithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this Agreement. 8.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of any party; b. Sale of the business of any party; c. Death of any party; d. The end of the thirty (30) days as set forth in Section 8.01; e. End of the Agreement to which CONTRACTOR's services were necessary; or f. Assignment of this Agreement by CONTRACTOR without the consent of CITY. 8.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this Agreement or materially breach any of its provisions, a non-breaching party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party. 8.04 TERMINATION: This Agreement shall terminate on July 30, 2000, unless extended as set forth in this section. CITY, with the agreement of CONTRACTOR, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 8.05 RETURN OF MATERIALS. Upon such termination, CONTRACTOR shall turn over to the CITY immediately any and all copies of videotapes, studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR, and for which CONTRACTOR has received reasonable compensation, or given to CONTRACTOR in connection with this Agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project or scope of services contemplated by this Agreement. 18 _ 9.00 SPECIAL PROVISIONS 9.01 INTEREST OF CONTRACTOR CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 9.02 DISCRIMINATION No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. 10.00 MISCELLANEOUS 10.01 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 19 10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 10.03 ASSIGNMENT: This Agreement is specifically not assignable by CON- TRACTOR to any person or entity. Any assignment or attempt to assign by CONTRACTOR, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to a right to terminate as set forth in Section 8.03. 10.04 ATTORNEY FEES: In the event of any controversy, claim or dispute befinreen the parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: CITY: Arroyo Grande Police Department Attn: Chief of Police 200 North Halcyon Road Arroyo Grande, CA 93420 CONTRACTOR: 20 10.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises. 10.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this Agreement. 10.09 SEVERABILITY: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 10.10 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and entire agreement befinreen the parties with respect to the subject matter hereof. This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. 10.11 TIME: Time is expressly declared to be of the essence of this Agreement. 10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties. 10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 10.14 AMENDMENTS: Amendments to this Agreement shall be in writina and shall be made only with the mutual written consent of all of the parties to this Agreement. 21 Executed on , 19 , at , California. CITY OF ARROYO GRANDE MICHAEL A. LADY, MAYOR CONTRACTOR: ay: ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 22 CITY OF ARROYO GRANDE • BIDDERS LIST Police Vehicle Maintenance Services • Specifications Beach Front Auto Service J& M Transmission Service Harry's Radiator Service 799 EI Camino Real 1017 Grand Avenue 949 Highland Way Arroyo Grande, CA 93420 Arroyo Grande, CA 93420 Grover Beach, CA 93433 489-0485 489-0330 489-0626 John Elander, Owner Sam Williams Daryl Transmissions Onlv Radiators/Heater Cores Christiansen Chevrolet 303 Traffic Way Bob Taylor's Tune Up Shop Lambert's Fair Oaks Service Arroyo Grande, CA 93420 1294 Grand Avenue 144 Alder Street 489-5518 Arroyo Grande, CA 93420 Arroyo Grande, CA 93420 Bob Christiansen, Owner 489-9284 489-2109 Chuck Weber, Service Jack Dickenson, Owner Clem Lambert, Owner Manager Tune Up Onl,y Engine Rebuildina Chad Weber, Service Writer Mechanical Full Service/Repair Chevrolet Vehicles Bob's Auto Repair 414 Traffic Way Valley Auto Service Arroyo Grande, CA 93420 139 Traffic Way Mullahey Ford 489-4727 Arroyo Grande, CA 93420 330 Traffic Way Engine Rebuilding 489-2040 Arroyo Grande, CA 93420 Mechanical 481-3673 Tim Mullahey, General Manager DG Repair MOTORCYCLES: Walt Swink, Service Manager 1 189 Pike Lane Full Service/Repair Oceano, CA 93445 Kirby's Motorcycles & Ford Vehicles 489-3755 Machine Dan Gregory 944 Griffin Street Engine Rebuildinq Grover Beach, CA 93433 Wayne's Tire Mechanical/Transmissions 489-8693 505 Grand Avenue Steve Kirby Arroyo Grande, CA 93420 489-5566 G& M Mobile Service Grover Cox, Manager 1 130 Pike Lane (MiscNehicle.Ven) Full Service/State Oceano, CA 93445 Tire Contract 481-2604 Francisco Gonzales Engine Rebuilding Midas Muffler Mechanical/Electrical 517 Grand Avenue Arroyo Grande, CA 93420 481-521 1 Tom Felmlee, Manager Full Service/Exhaust 23 o~ PRRO~oc 10a. ~ INCORVOAA7E Z ~ ° MEMORANDUM ~ ,,~Y ,o, ,a„ c~~~FOR~~P TO: REDEVELOPMENT BOARD OF DIRECTORS FROM: ROBERT L. HUNT, EXECUTIVE DIRECTO~~ SUBJECT: APPROVAL OF REDEVELOPMENT PLAN PLEMENTATION STRATEGY DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the Board approve the Redevelopment Plan Implementation Strategy. FUNDING: As proposed in the Implementation Plan, the near term (FY1999-00) cost is estimated at $25,000. Of this total, the Agency currently budgets for the Business-Visitation Program (valued at $2,500); therefore, the net fiscal impact for FY1999-00 is $22,500. DISCUSSION: In July 1996, the City of Arroyo Grande approved a Redevelopment Feasibility Study designed to provide the Planning Commission and City Council with sufficient information to determine whether or not the special powers of a redevelopment agency would be helpful in the City's effort to: i) solidify its financial base; ii) upgrade the infrastructure and aesthetic characteristics of the Village and other commercial districts within the City; iii) create additional employment opportunities Citywide; iv) promote new and retain existing industry and commerce within the community; and upgrade existing and provide new housing opportunities in the City. After review and consideration of that Study and public comment, the City Council elected to activate the City's Redevelopment Agency and begin procedures to adopt a redevelopment plan to provide the newly-activated Arroyo Grande Redevelopment Agency with the legal authority and planning basis to implement redevelopment activities within those portions of the City ultimately included within a redevelopment project area. Consequently, the City Council activated the Agency by City Ordinance No. 479 C.S.-on August 27, 1996; in May of 1997 the Agency adopted the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area ("Project Area") by City Ordinance No. 487 C.S. _ REDEVELOPMENT BOARD OF DIRECTORS APPROVAL OF REDEVELOPMENT PLAN IMPLEMENTATION STRATEGY JUNE 8, 1999 PAGE 2 The Project Area is approximately 510 acres in size and includes contiguous parcels of land located north and south of State Highway 101. The Redevelopment Plan does not contain its own land use categories or restrictions, but rather uses those zoning categories and land use restrictions found in the City's Zoning Ordinance and General Plan. Therefore, it is important that all activities contemplated under this Operations Plan, as well as the Redevelopment Plan itself, comply with the City's Zoning Ordinance and its General Plan. The Agency has proceeded to the next step in its redevelopment process, which is to determine how it can identify, and then maximize, the redevelopment opportunities and fiscal resources that will be available to it over the remaining 29-year effective life of the Plan. Toward this end, the Agency has commissioned Urban Futures, Inc. (UFI) to develop a Redevelopment Plan Implementation Strategy. The Strategy is divided into three major components: i) an Implementation Operations Plan; ii) a Resource Guide; and iii) Attachments. IMPLEMENTATION OPERATIONS PLAN The Operations Plan is a"road map" of programs and projects the Agency can institute over the near- mid- and long-term in order to effectuate the provisions of the Redevelopment Plan. While the Agency has the right and a responsibility to consider redevelopment initiatives throughout the Project Area, the Project Area is too large for the Agency to consider immediate physical rehabilitation and redevelopment of the entire Project Area. Such an implementation strategy would result in too diffuse an expenditure of limited resources. A far more efficient and fiscally responsible way for the Agency to operate is for it to develop general programmatic economic development activities and to focus initial investment in those parts of the Project Area that fit within certain "Categories of High Potential" for economic development activity. The Agency should concentrate special emphasis on those areas where redevelopment opportunities are most likely to occur. REDEVELOPMENT BOARD OF DIRECTORS APPROVAL OF REDEVELOPMENT PLAN IMPLEMENTATION STRATEGY JUNE 8, 1999 PAGE 3 In this regard, it must be stressed that the total amount of tax increment funds the Agency will collect from within the Project Area in the first years of implementation are limited. The Agency must be especially cautious during these early years to focus its resources on projects and grants that will enable it to maximize the return on its investment so that it can parley early returns into implementation of subsequent, broader scope projects. This will ensure the continuation of the investment/redevelopment process. Additionally, the Operations Plan must always be flexible enough so that the Agency can act quickly and decisively to assist in a project's development when unforeseen opportunity avails itself anywhere within the Project Area. Implementation of the Operations Plan is predicated on the financial capacity of the Agency and is built on the following format: GENERAL FINANCIAL AND PROGRAMMATIC ASSESSMENT As part of the Operations Plan, a general financial and potential programmatic assessment was conducted. Primarily due to lagging appreciation in property values, the Agency will realize only modest flows of tax increment through the initial years of the plan. The Aqencv will not be in a qosition to capitalize the Project Area through a tax increment financina until FY2000-01 with a projected issuance occurring in the fall of 2000. The estimated tax increment flow of $82,661 in FY2000-01 will allow the Agency to issue tax-exempt, five- (5) year notes that will net the Agency approximately $1.3 million. For FY1999-00, the Agency must rely on the annual tax increment flows of approximately $33,000, which includes an estimated $8,000 in the Agency's low- and moderate-income housing fund. This leaves the Agency approximately $25,000 for nonhousing-related a~tivities. The Agency's longer programmatic and project activities will depend upon the Agency's financial position commencing in FY2005-06 (estimated). Given these financial constraints, the Operations Plan is developed around the Agency's ability to fund needed projects and programs. NEAR-TERM IMPLEMENTATION PROGRAM These activities are planning- and marketing-based, are not capital intensive, and can be implemented during FY1999-00 and the first half of FY2000-01. In many instances, these activities rely on committees and volunteers for actual implementation and provide the forum for community input, clarification of community goals and objectives, and development of needed base studies. These activities should also be ongoing through the life of the redevelopment plan and are designed to provide the basis for more capital intensive, economic development programs and projects to be developed over the mid- and long-term. REDEVELOPMENT BOARD OF DIRECTORS APPROVAL OF REDEVELOPMENT PLAN IMPLEMENTATION STRATEGY JUNE 8, 1999 PAGE 4 MID-TERM IMPLEMENTATION PLAN Commencing with the potential issuance of a tax-exempt financing in the fall of 2000, the Agency will be able to undertake a modest level of more capital intensive projects pertaining to marketing, business development, restoration and rehabilitation of existing structures, street beautification, landscaping, and small-scale public works improvements. The timing of mid-term activities is predicated on the expenditure rate of the estimated $1.3 million note proceeds obtained by the Agency in the fall of 2000. Mid-term activities are also more programmatic than site specific, flexible in design, and may continue throughout the life of the Redevelopment Plan. These activities are geared to assist the economic viability of the entire Project area and, in particular, four Principal Improvement Zones identified in the Plan (Grand Avenue, The Village, EI Camino Real, and Traffic Way). LONG-TERM IMPLEMENTATION PLAN These activities tend to be more site specific and large public works based. They will require a greater amount of public capitalization. These activities are more complicated, expensive, and contingent on the financial strength of the Agency and private market forces. FY1999-00 BUDGET If the Council approves the Redevelopment Plan Implementation Strategy as proposed by Urban Futures, there is a$25,000 (net $22,500) estimated cost for FY1999-00 activities. Rather than make the appropriation of $22,500 at this time, staff is recommending the Board add the funding at the time the specific program is approved/implemented. By taking this approach, it does not add an additional $22,500 to the City/Agency Cooperative Agreement until such funding is required. RESOURCE GUIDE If the Operations Plan is a road map to a certain destination, then the Guide is intended to be a catalog of various vehicles the Agency can use to arrive at that destination. The Guide will empower the Agency to choose the correct vehicle for the correct job. It is intended to provide the Agency with a general discussion of the redevelopment process and practice and to serve as a practical reference guide for Agency staff and Board _ REDEVELOPMENT BOARD OF DIRECTORS APPROVAL OF REDEVELOPMENT PLAN IMPLEMENTATION STRATEGY JUNE 8, 1999 PAGE 5 Members. The Guide will be useful to Agency staff and Board Members during all phases of the Redevelopment Plan Implementation Plan process. Together, the Operations Plan and Guide will provide the Agency the map and the vehicle to achieve its immediate and intermediate goals and objectives. ATTACHMENTS This section of the Plan provides: a Goals and Objectives statement, photographic surveys of Key and Secondary Sites, the Agency's previously adopted Programs and Projects List, and the Owners, Businesses, and Tenants Participation and Re-entry Rules. Alternatives The following alternatives are provided for the Board's consideration: 1. Approve the Implementation Plan; 2. Modify as appropriate the Implementation Plan; 3. Reject the Implementation Plan; or 4. Provide direction to staff. jv 10.b. ~ PRRO~~ ~ cp ~ MICORPOqATED ~O MEMORANDUM C1 rn ic ,Rxr ~o. ~9» . c4~~FOR~~P TO: CITY COUNCIL FROM: ROBERT L. HUNT, CITY MANAGE~~ ~ SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM 10.B. - APPOINTMENTS TO ECONOMIC DEVELOPMENT TASK FORCE DATE: JUNE 8, 1999 The attached information was received subsequent to the distribution of the City Council Agenda on Friday, June 4`n C:\supp.info.060899. ~ . ClTY ~F ARROYQ GRANOE i; :CFIuEO RESERVOiR OF CtTIZENS TO SERVE ;1 i i' :s ~ Ea 0~~ 0 C~ r. "r: P~anning Gommission ~ 9 J~.~ 7 P E~ ~ 5~~. Parks and Recreation Commission ~ Traffic Commission Years Lived in Arroyo Grande Se~ior Advisory Commissicn Reg(siered Voter of Arroyo Grande ~ Speaal Cammittees (Ar~hitedurat Review. etc.) Yes No t,fl tR ~K ya ac v NAME cj A~ES ~tox. r" HOME ADORESS o~.~3 Fi~ i r L~ ~SZc~ Dr' PHONE ~ g 332h PRESENT ~ ~ EMPLOYER ~e~}r~l ~~~c. C~ POSITION OFFiCE BUSINESS ~t ADDRESS ti 40~ C~nPrt~ Ptu~ ~CVat ~Ql~. _ TELEPHONE `7 C~ 3_~ ~ ~ ~~x~aT~NA~ BACKGROUND ! High Schoo{ ~ ~t 4G~.` ~x~~o~ College ~ i i~ tt~ ~ . ADDITIONAI EDUCATIONAL INFORMATION COMMUNITY AND CNtC INTERESTS . , 1~ ~`~L1r ~•~1~ ~v t"OJ ~n .A~~ The CRy Counal would Gke to have the names of three (3) Acroyo Grande Rete~e~ces: NAME ADDRESS . ~ 2. v~~ e ~~s _ • 3. _ _ ~m Sa~ ARE YOU WILLING TO SERVE ON THE COMM~SSION/COMMITTEE MEETING TIMES SNCriNfV BELOW: Ptanning Commissio~, First and Thirzt Tuesday of each month, 7:30 p.m. Yes No ~ Parlcs and Recreation Commission, Secand Wednesday of each moMh. 6:~ p.m. Yes No Traffic Commission, Monday Previous to ThiN Tuesday of each month, 7:30 p.m. Yes No Senior Advlsory Canmission, F Wedn ay ot each morrth, 8:00 p.m. Yes No ~ : Special CommMee ~.e. ArchRe ural R' Committee, etc.), Various meeting Y~ No ~ ~ times and ~ Signatu~e Date ~ ~ 2- ~q- _ _ - - ; Trie Arroyo nde C'iry un I tequests infotmatlon about yout iM~re~t (and educat~on, it apptlcable), in serving on . a comm~ssion or committee, specificatly your oommeMs and views relative to the role and responsib(lities oi the Planning Commission, Parlcs and Recreadon Commission, Traffic Commission, Senio~ Advisory Commission, or a Spectal Committee. Please note such infortnat(on on the reverse side of this fortn. Thank you tor your i~erest. THIS FORM tS A 14lATTER OF PUBLIC RECORD IF APPOIN"i'ED COMPLETION OF A 3TATE CONFLtCT OF IN'TEREST FORM lS REOUIRED (11/02/98) £0@j V~IQ3)i~S1Q~d-S?~~~ L£OLtiLbS08 %V3 SC~£0 6B/LO/90 Jstmes Mic6acl Hoxter 11? South Halcyon Road Arrayo Grande, California 93420 805-481-3326 CARRIER OBJECTIVE: To pursue a chatlenging career with a successful, growth orientcd health care company utilizing my business experience, profcssional license, training and education encompassing all aspects of the Home M~dical Equipment business rclating to operations, markcting developmenVpromotion, mana.gement, rccruiting and training. EDUCATION: Saint Paul High School, Santa Fc Springs, Ca. . Graduatcd 1973 Rio Hondo College, Whittier, Ca. Graduatcd 1978 Certified Rcspiratory Therapy Technician license Enelosed EXPERIENCE: Ccntral Coast Medical Supply March 1983 to present Chief Executive Officer • Dcvelopment, interpretation, maintenance and implementation of Company policies and procedures. • Recruitment, training and motivation of staf~: • Financial and business plan development and execution. • Reporting to and working with the governing body of the - company. Arroyo Gr~nde Community Nospitsi April l 980 to March 1983 Staff Trierapist • Inservice Eciucarion Coordinator • Home Care liaison • Development of AMI-DME division "Advanced Home Supporc Services". Whittier Presbyterian Intercommunity Rospital June 1975 to Feb. 1480 , Critical Care 1 Neonatal Therapist • Neonate transport team • Crirical Cate Adult Thcrapist • Operating Room ! Qpen Heart RT., Orderly, Technician Team • Staff 7lterapist qp ~ V~IQ33Q~5~~d-S~Q~~ L~OL6LbS08 %d3 B£~CO 68/LO/90 ACTIVITIES: Hcalth Educator: • Consultant for multiple health industry busincsses. • Strategic Planner for multiple businesses. • Spcakcr ! Educator for muttiplt nursing companies. • Board Member "Prime of Life" foundation. iNTERESTS: • Active ocean sailboat racer_ • Golfing, Traveling, and Bicycling. QUALIFICATIONS SUNIItiIARY: • I am a highly motivatcd and very committcd individual who is ablc to develop a strong organization with sound business principles and a good work ethic. I nnderstand thc nced for a well tuned team to produce a successful and profitable company. I'm an innovative and creativc thinker with the ability to learn quickly and adapt to any new environment. SO~j V~IQ3TQ~S)t~d-SIQ~~ LCOLbLbS08 Yd3 S£=C0 86/LO/90 '~t..i ~ ~ . , ~ ~ ~ ~ 4 ~ ~ ' ~ • • -r.~~ ~ ? ~ ~ ~ ~ ~~\J , ~T j~ . ~ ~ ~ `~_y/y ~~ii.~ , • 1 tj r~ r~ ~ ~ ~ ~ l ~ r l~ ~ I' , 1 • ~ •*r ~ ~ • 1 ~ ~ ~ v o a _ ; . ~s: . - '1:-~ <1•''• '`',J .1 ~ ~ ~ ~ ~ . ~ _i~~~ . ~ '~'~y - . s., V ~ _ E'`~ vr,,~ t~~~,~;_..r,:,.;/;:~: ~ ~ O+••:. :V . ~._:.?,~i~:_e a ' r ' •i • ~ ~ ~ ~'~4.~\~~` v ~ ~ ~ ~ ~ _ )I o ~ ,-~~a :.~_~~~~~.~~7' ~e- . ~ < ~ . w„~ - +wy ~ r I ` ^I ' / ~ ~ ..1 ~ ~ I ~ ' ~ K • 0~ ,t~ •4) _~(v.. - • . , . ~ A~j ~ ~ • ~ , 1 L.. ~ . ~ r• ,t ~b'? Q~ . ~ j~1~;ri.~ R`;'~'?(~.,e~ f` ~ ~Q` ~ •s i~ .1 ~ ~ ' ~ • , <~1: ~ r, ~ ~ ~ r o oa t E~ .t'3 i . ~ ~ , 0 . ~ ` ~ ~ o j~..- ~ ~ ij ~''1~. Q~ ~4y Ih ? " ; ! o • ~ ~ ; ~ i`a ~~~i t-7:~ •~r ~ N :.r f o~ ~ ~I? ~ :0 ~ y,T ~+r ~ l^y , ' / ~ ~ I ~O ~ v+ ~ ~y I~~ ~ ~ • ~ ~ o `.~`3 . ~ ; . ~ . Q4 ~ ~ :~j~~.o a~ ~ 3 .~.4, ~ ~ ~ • . ~ ~ ~ ~~..~.:'~;~ra~ ~ ~1~`,~ ~ b Q~ . i~ : j~ , • ~t t~i ~o, . .Q ~ .o p ~ ~ ~ , q ~ C3 Ci ; ~ o W . ~ ~ ~ ~ ~ ~ y ~ o~~, ~ . w ~ - ~ oai~ ~ ~ a ~`Z' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~ y ~ ~ ~ ow U 3~~ ~ ~ ~ ~ 90~ y~IQ3Iq:SPI~d-SW~~ LCOLbLDS08 XV3 S£~CO 66/LO/90 ~ PaROro 1~.b. o ~ ~ INCORPORA7ED Z M E MO RAN D U M u ° ~ JULY t0. 19t1 * c4~~FORN~P TO: CITY COUNCIL FROM: ROBERT L. HUNT, CITY MANAGER~.,~ SUBJECT: APPROVAL OF APPOINTMENT TO ECONOMIC DEVELOPMENT TASK FORCE DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended the City Council approve the agribusiness, utilities, health care, financial, and at-large appointments to the Economic Development Task Force and select a Council Member to serve thereon. FUNDING: Outside of staff time, there is minimal fiscal impact pertaining to the Task Force. Implementation of the Economic Development Plan (the end product of the Task Force) may have fiscal impacts (staffing, promotional efforts, incentive programs). The scope of such impact has not been determined at this time. DISCUSSION: The City Council, at its meeting of April 15th, authorized the formation of an Economic Development Task Force. Since that time, Mayor Pro Tem Ferrara, staff, and representatives of the Chamber of Commerce have been soliciting individuals to participate on the Task Force. To-date the following appointments have been made: Planning Commission (1): Martin London Chamber of Commerce Board Members (2): Nan Fowler, Bill Filippin Chamber Chief Executive Officer (1): Heather Jensen Arroyo Grande City Staff (3): Bob Hunt, Lynda. Snodgrass, Henry Engen Lucia Mar Unified School District Board Board. Member Erik Howell, Member and District Superintendent (2): Nancy DePue _ . CITY COUNCIL APPROVAL OF APPOINTMENTS TO ECONOMIC DEVELOPMENT TASK FORCE JUNE 8, 1999 Staff is recommending that the Council approve the following appointments: Agribusiness Representative (1): Dennis Donovan Utilities Representative (1): Missie Hobson Health Care Representative (1): Jim Hoxter Financial Representative (1): Gene Stephens Two Representatives-at-Large (2): Tom Murray Steve Hollister Reservoir of Citizens to Serve forms are pending from Missie Hobson (PG&E Governmental Relations Manager), and Jim Hoxter (C.E.O., Central Coast Medical Supply). Any forms received subsequent to the distribution of the agenda will be provided to the Council at or prior to the June 8t" meeting. Should the Council approve the aforementioned appointments, the kickoff meeting of the Task Force will be scheduled for later this month (June 1999). Alternatives The following alternatives are presented for Council consideration: 1. Approve staff's recommendations; 2. Reject staff's recommendations; 3. Modify as appropriate and approve staff's recommendations; or 4. Provide direction to staff. jv JAN-14-~8 WED 11~07 P O1t01 CiTY OF AHROYO GAANDE ' ~ RESERVOtR OF CiTIZEN810 SERV~ ~a , t ~ ~ . ~ f " - ~ Pfannin Commission ^ - 9 :;1 i r C~ r CJ C~.',,.~; - Parks and F~ecreation Commission Years E.ived in Arrayo Grande Traffic Commission C^ ' E~^` f gQ~ied Voter of Arroyo Grand~ 5enior Advisory Cammission ' a ` Yes~ ~to >C Speciai Commiaees (i.e. Teen Advisory~ Architectura! Atlvisory, atc.) A'AME- l ~l~I JV / S ~ , ~/V~t~ (I~~/ NOME ADORESS 3 3 ~ ~ t/L t--~'~' ( ~f~ - P~iOiVE / '7` ~l ~ PRESEIVT ,r PRESEiVT EMP~OYER S°1no Q~E~rv~ t~~ G~.r'"~ni PasrrtON ~ OFFiC~ BuSrNESS AQaRESS__ ['l3 ( ~2~`t("'~c~ tj-~ {~~C. ~ ~ TELEPiiONE ~ "7'1 ~ EDUCATiONAL BACKGRQtJNp GR+~ U~l,~ Nf S~N {YL~/CfjCO w~t, s~t~oo~_ ~~'Lm ~1 ~t~ .~c.~vo c.- :~-~rn/~ ~ l9 7 o N~ ~ c- c. Co~tege c • co ADDITlONAL Edl1CATl~AlRL !(VFORMATlON 'S~ ~ ~S~ ~ COMMUNITY AND CIy1C lAETEftESTS ~ C • _ ~3~0~~ 01~ 7~ r ~ g ~ .~2~iSc0~n~'" ~•G~~•S~ ~s1~ (9~Z- ~ G i'~'t ~c. S °'~~~c ~KE~J$'(~ ~2~ s i n ~i~ . . ~ ~ g S' / ~ ~S ~ , The City Counci! wouEd Iike to have the parnes of three (3J A~royo Grarsde References: NAME f1DQqESS .~~E~~ r~~" 5. ~}c~Cyp~v Z.'io~t ~~l~~G.S ~8b ~~r-~-~~ 3, k f~.r ~rz~ ~ . _ AR~ YOU W1~LlNG TO SERVE O!V T!-IE COMMISSEON MEEf1NG TlMES SFiOWN BFLOSN: Planning Commission, First and Thirci Tuesrlay ot each month, 7:3~ p.m. Yes No Parks and Recreation Cammission, Third Wedrtesday of each month, 6_00 p.m. Yes Na Traffic Commission, Menday Previous to Third Tuesday of each maRth, 7~3o p.m. Yes No Senior Advisory Commission, ~irsE WednesdAy af each mortth, 7:00 p.m. Yes Na Special Cammitcee {i.e. Teen AcNisory, Arcfii~ectura( Advisory, etc.), Various maeting times dates Yes !Vo ' - Slgrtaturc ' DaM l~~ 7' ~j U Tha Arroyo Grande City Cauncil reQuests infarmation about your interest, (aad education, ii appficable) in servirtg on a cammission. specificalry your comments and v~ws r~fative to the sole and respvnsi6itities of the P(anning Camrniss~on, Farits and Recreation Commission, Traf~ic Ccmm~ssion. Senior Adviscry Commissian or a Special Corr~mittee. Please note such informanon on the revense side ot this form. Thank yov ior yottr irRerest. THfS FORM fS A MAiTER OF PUBLiC RECORD fF APPOIf~TED CQMpL ONI OF S1'ATE CONPLICT O~ ~~~~ST FORM IS RE~WRED {Oi/23r9T~ CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE Planning Commission n~ G~~~eE(J Parks and Recreation Commission ~ h tr` r r J , ; ~ " - Traffic Commission z, ~ Years Lived in Arroyo Grande o Senior Advisory Commission rj~F°~ pi + L~ ~~_f~egistered Voter of Arroyo Grande Special Committees (Architedural Review, etc.) Yes No x NAME Gene Stephens HOME ADDRESS _ 544 South 8th st Grover Beach PHONE 489-6919 PRESENT PRESENT EMPLOYER Mid-state sank POSITION Manager OFFICE BUSINESS ADDRESS 1026 Grand Av., Arroyo Grande TELEPHONL89-4293 EDUCATIONAL BACKGROUND Hlgh SCh001 4 years COllege BA Degree ADDITIONAL EDUCATIONAL INFORMATION Various accountinq and Bankina schools COMMUNITY AND CIVIC INTERESTS South County Boy's & Girls Club, Board of Directors Pismo Beach Cities Lions Club 5-Cities Men's Club The City Council would like to have the names of three (3) Arroyo Grande References: NAME ADDRESS 1. Susan Henslin 910 Cameron Ct, Arroyo Grande 2, Mike McKenzie 283 Canyon Wy, Arroyo Grande 3, Rick TeBroch 200 N. Halcyon, Arroyo Grande ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:30 p.m. Yes No Parks and Recreation Commission, Second Wednesday of each month, 6:00 p.m. Yes No Traffic Commission, Monday Previous to Third Tuesday of each month, 7:30 p.m. Yes No Senior Advisory Commission, First Wednesday of each month, 6:00 p.m. Yes No Special Committee (i.e. Architectural Review Committee, etc.), Various meeting times and dates onomic v lopment Task Force Yes NO Signature Date 5/26/99 The Arroyo Grande City Council requests information about your interest (and education, if applicable), in serving on a commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such information on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED, COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/02/98) . . CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE Planning Commission ~lA~~~ Parks and Recreation Commission ~-r- Traffic Commission Years Lived in Arroyo Grande 5 Senior Advisory Commission Registered Voter of Arroyo Grande ~ Special Committees (Architectural Review, etc.) ED i F Yes r No NAME s~'t'~ W~ f~oLcts~'z.`r~ HOME ADDRESS ?S~ i~'/+~ Gh~yar! ~N• PHONE ~g`l-Y6~y PRESENT PRESENT EMPLOYER C~~f ~71'a+y` C/~~s' POSITION UIcE ~~sc~ OFFICE BUSINESS ADDRESS ~~I So. /vl4sa.r ~ /}C~ TELEPHONE ~gl'~`/~ EDUCATIONAL BACKGROUND High School f.~l°fl~ hlt~l~- ~ ~s College ~~%S~o ~?5 ADDITIONAL EDUCATIONAL INFORMATION ~ COMMUNITY AND CIVIC INTERESTS l~i~GUl.1y~.~ ~ y~~o'~l~ ~lc1'i?~i~ES ~ ,gd5tK:3S /}~7'!t/fiES ~ E~tKd /~~.~r; f vS"c~ o~ - /2y F~?' Cs~Q~G ES The City Council would like to have the names of three (3) Arroyo Grande References: NAME ADDRESS V~iu~ t~c~n,~- ~/So ~,5 vr. 2. 'I~M wH~-ts S ~6 y,e~c~~ ~ri, 3. Qr~ . NL t Kz R4 3l o S. 6t~c c~o.~ R.o. ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: GvJ,yr~ ,¢~s~v~rf Planning Commission, First and Third Tuesday of each month, 7:30 p.m. Yes ~ No Parks and Recreation Commission, Second Wednesday of each month, 6:00 p.m. Yes ~ No Traffic Commission, Monday Previous to Third Tuesday of each month, 7:30 p.m. Yes ~ No Senior Advisory Commission, First Wednesday of each month, 6:00 p.m. Yes No~-~, Special Committee (i.e. Architectural Review Committee, etc.), Various meeting times and dat Yes ~ No ~ Signature Date 7' Z~ ~~9 The Arroyo Grande City Council requests information about your interest (and education, if applicable), in serving on a commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such information on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/02/98) CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE , Planning Commission Parks and Recreation Commission Traffic Commission Years Lived in Arroyo Grande Senior Advisory Commission Registered Voter of Arroyo Grande Special Committees (Architedural Review, etc.) Yes No NAME 1 ~ \ ~ HOME ADDRESS I^' \ A?, U~~ ~ A`/ PHONE ~-g ~-33g 5 PRESENT PRESENT EMPLOYER C-L-FAo~ C,u t-' ~r~eag i Q.uC,TtU~ POSITION Ow ~R_ OFFICE BUSINESS ADDRESS M~N ~ ~-t-A ~G TELEPHONE ~'~'J ' "-?'01 ~~ax 1 EDUCATIONAL BACKGROUND High School ~0~-+-~ Mo~tc.~ 5. CollegeSsA - Mo~~~-(J C~)~ ~o ,~i Qo~; ADDITIONAL EDUCATIONAL INFORMATION COMMUNITY AND CIVIC INTERESTS ~A~I~S ~ ~~S ~ ~~fC..L$ l.~l.J b - ~/~/`GA~ ~ . G. JT 1~ ~Q ~O Lt T~GN . I ~.~c1~O ?~/~A~ ~iAc_7c.rT'j A~U~tSoYty Cb'+~~"-~TTl~tg, Se--+f~6Y ~t~t.dL 1"~i1~~T- ~t~~~cr~2~ C'nw.n~TT~-~c The City Council would like to have the names of three (3) Arroyo Grande References: NAME ADDRESS 1. S~ ~ «4.,,c 5 ~ .G, _ C ~ C,a-v 2. ~ ''C Y Y"G a~ ~ T y ~.O J N C\ t-- f 3. Ca,(uzo l~+ t~(Lv i-r- -r M~~ s~n4, ~ Fa-~,~ ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Planning Commission, First and Third Tuesday of each month, 7:30 p.m. Yes No Parks and Recreation Commission, Second Wednesday of each month, 6:00 p.m. Yes No Traffic Commission, Monday Previous to Third Tuesday of each month, 7:30 p.m. Yes No Senior Advisory Commission, First Wednesday of each month, 6:00 p.m. Yes No Special Committee (i.e. Architedural Review Committee, etc.), Various meeting times and dat ~Cp,~/~~~-~C ~~k~~C~' Yes ~ No Signatur - Date ~ 2-1 1 ~i`~ The Arroyo Grande City Council requests informatio out your interest (and education, if applicable), in serving on a commission or committee, specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such information on the reverse side of this form. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/02/98) ~ pRROy~ o ~p ~ INCORPOAATED u ° PRESS RELEASE ~c JULY 10. 1911 * c4~~FOR~~P ISSUE DATE: IMMEDIATE RELEASE CITY COUNCIL AUTHORIZES FORMATION OF ECONOMIC DEVELOPMENT TASK FORCE; TASK FORCE MEMBERS SOUGHT ' The City Council, at its meeting of April 13`~, authorized the formation an Economic Development Task Force. The goal of the Task Force is to develop a strategy to ensure the City's economic vitality without reducing the quality of the community's environment. The composition of the Task Force will include the following: • One City Council Member, • One City Planning Commissioner, • Two representatives from the Chamber of Commerce Board of Directors and the Chamber Chief Executive Officer, • Three representatives from Arroyo Grande City staff, • One Lucia Mar Unified School Board Member and the District Superintendent, • Agribusiness representative, • Utilities representative, • Health Care representative, • Financial representative, • Two representatives at large. The work effort of the Task Force will involve the review of economic development plans from other communities and previous marketing and economic opportunities studies conducted by the City of Arroyo Grande. Drawing from those documents, the Task Force will develop a Draft Economic ~ Development Strategic Plan unique to the City of Arroyo Grande. The Task Force will work closely with the City's Long Range Plan Committee and Core Outreach Team to ensure consistency with the City's General Plan Update. Once the Task Force completes a draft plan, it will be presented to the City Council for review and approval. Citizens are being sought to fill the agribusiness, utilities, health care, financial, and at-large representatives. If interested, applications can be obtained at the Chamber Office, 800-A West Branch Street, and at City Hall, 214 East Branch Street. The Task Force will conduct its initial meeting once the aforementioned positions are filled upon approval of the City Council. /'~U(..'~e..~J~ ~ _ ! l ~,l.ki1~ . ROBERT L. HUNT, CITY MANAGER b9--i5~R~ ~ DATE FOR FURTHER INFORMATION, CONTACT: ROBERT L. HUNT, CITY MANAGER (805) 473-5404 ~ OR HEATHER JENSEN, CEO, CHAMBER OF COMMERCE (805) 489-1488 OYO G E VALLEY ~'HAMSER OF ~OMMERCE April 13, 1999 To: Arroyo Grande Mayor and City Council Re: Formation of Economic Development Task Force The Chamber of Commerce sees the merit in having an Economic Development Task Force in place for specific tasks and issues. It is apparent that over the years it has been an important subject, judging by the pounds of materials we have in front of us. The City has spent thousands of dollars, along with matching grants, and private sector money to accomplish these various efforts. ~Iowever; we feel that the establishment of the task force, would benefit from guidance of a • professional economic development director. As we understand it, the position ofEconomic Development Director was approved last yeaz and is funded in the current budget. It seems that the timing would be perfect to bring that individual on board to insure the proper staf~'time and follow through of any recommendations by an Economic Development Task Force. For these reasons, the Chamber recommends that an Economic Devetopment Director be.hired by the city ASAP. In fact, we recommend t6at that position be filled before estabtishing the Economic Development Task Force. The Chamber again recommends that the consultant's scope of work on the General Plan be expanded to include the preparation of an Economic Strategic Plan, the Economic Element for the General Plan, along with the Fiscal Economic Analysis. This document could then be brought back to the Task Force for review and comment, befare going to the City Council for action. We recommend that beforc thc Task Force is cstablished, we have spec~c policies for the composition of its members. In order to bring a balanced mix of individuals to the table, that shaze an interest in the economic health of the community, we recommend the following composition for the Task Force: • City Leadership: One City Council representative . ~ & One Planning Commissioner (2) • Chamber Leadership: Two representatives from the Cha.mber ~ Board of Directors, plus the Chamber C.E.O. (3) • City Staff: Three representatives from the Arroyo Grande City Staff, ( City Manager, Finance D'uector, Community Development Director) (3) • School District Representatives: Superintendent and a School Board Member (2) • Agribusiness Representative (1) ~ • Utilities Representative (1) • Health Care Representative (1) . Financial Representative (1) . Representatives at Large (2) 800 WESr Bx~cx S~~r • AxxoYO GxArmE, CA 93~20 ~ 805-4$9-1488 • FAx 805-~89-~~39 • e-mail agcocQarroyograndecc.com ~ pRROy~ O ~ INCORPOAATE Z MEMORANDUM . V T . JUIY 10. tilt * ~ ~ c4~~FOR~~P • TO: CITY COUNCIL FROM: ROBERT L. HUNT, CITY MANAGER ~ ~ SUBJECT: AUTHORIZATION TO FORM AN E ONOMIC TASK FORCE TO DEVELOP AN ECONOMIC DEVELOPMENT PLAN DATE: APRIL 13, 1999 RECOMENDATION: It is recommended the City Council authorize the formation of an Economic Task Force and select a Council Member to serve thereon. FUNDING: Outside of staff time, there is minimal fiscal impact pe~taining to the Task Force. Implementation of an Economic Development Plan may have fiscal impacts (staffing, promotional efforts, incentive programs). The scope of such impacts has not been determined at this time. DISCUSSION: At the Council meeting of March 23, 1999, Mayor Pro Tem Ferrara, during Council Communications, discussed a meeting he had chaired earlier that day, which generally addressed the need to establish a foundation for responsible economic growth in Arroyo Grande. The agenda, background material, and roster of the aforementioned meeting are attached for the Council's review. The outcome of the meeting was a consensus on the first two (2) objectives identified in the handout. Those objectives are: 1. Define and determine the need for an Economic Task Force for Arroyo Grande; 2. Define and determine the need for an Economic Development Plan for Arroyo Grande. ~ Should the Council agree to authorize the formation of an Economic Task Force, it is proposed the composition of the Task Force be determined.in the same manner as the General Plan Update Core Outreach Team. Staff will solicit participation from a wide range of interested parties; however, the actual makeup of the Task Force will be determined by those who have a genuine interest in developing an economic strategy for Arroyo Grande and the willingness to see the task through to completion. CITY COUNCIL AUTHORIZATION TO FORM AN ECONOMIC TASK FORCE TO DEVELOP AN ECONOMIC DEVELOPMENT PLAN APRIL 13, 1999 PAGE 2 ~ Mayor Pro Tem Ferrara's handout identifies representatives from the City Council, City staff, Chamber of Commerce, Economic Vitality Corporation, and Arroyo Linda Crossroads as key Task Force participants. The initial Task Force members would include those persons in attendance at the March 23~d meeting. With the assistance of the Economic Vitality Corporation, a number of economic development plans will be used as templates. Rather than "reinventing the wheel," the effort will be to take from other plans those items that are applicable to Arroyo Grande and to add those items/issues unique to the community. Once the Task Force completes the Economic Development Plan, it will be presented to the City Council for review and approvaL The creation of an Economic Development Plan dovetails with previous work conducted by the Chamber, the City's Business Development Marketing Strategy approved in 1998, the 1995 Economic Opportunities Analysis, and the current Small Business Development Grant being prepared by Applied Development Economics (reference attachments). At this time, staff is requesting Council authorization to form the Task Force and to select a Council Member to serve thereon. Alternatives The following alternatives are presented for Council consideration: 1. Approve staff's recommendation; 2. Reject staff s recommendation; 3. Modify as appropriate and approve staffs recommendation; or 4. Provide direction to staff. (WITHOUT ATTACHMENTS) o~ PRROyoc 11.1. ~ INCORVORA7ED Z V O ~ * ,~xr ~o, ~o~~ ,f MEMORANDUM c4~~FOR~~P TO: CITY COUNCIL FROM: HENRY ENGEN, INTERIM COMMUNITY ~ DEVELOPMENT DIRECTOR SUBJECT: RESOLUTION APPROVING DIXSON RANCH APPLICATION FOR A STATE AGRICULTURAL LAND STEWARDSHIP PROGRAM (ALSP) GRANT DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended that the City Council adopt a resolution supporting the application of the Dixson Ranch Agricultural Preserve for a State grant to acquire development rights through a conservation easement. FUNDING: There is no fiscal impact to the City to adopt the attached Resolution. All costs associated with the submittal of the application are the responsibility of the Dixson Ranch Agricultural Preserve. DISCUSSION: This request for State Department of Conservation funding is being prepared by the Coastal San Luis Resource Conservation District and American Farmland Trust on behalf of the Dixson Ranch Agricultural Preserve. As part of the application, the State requires a resolution of support from the local unit of government. The State Agricultural Land Stewardship Program provides grants towards purchase of permanent conservation easements for protection of agricultural lands. The Dixson Ranch is zoned Agriculture and is an Agricultural Preserve (Refer to location map). Submittal of this application on behalf of the Dixson Ranch may be done independently from the recent joint City/County ALSP application. That grant application was designed to explore opportunities to establish a non-profit agricultural land trust within the Arroyo Grande Valley. As reflected in the accompanying "Statement of Intent and Request for Resolution", the City's General Plan is strongly supportive of preserving agricultural lands within and adjacent to the City. Towards this end, the General Plan supports securing funds for agricultural preservation, including acquisition of development rights. ENVIRONMENTAL ASSESSMENT: This project application is categorically exempt (Class 25) from the California Environmental Quality Act. Attachments: ~ Resolution Approving Grant Application 1. Location Map 2. "Statement of Intent and Request for Resolution", May 14, 1999 3. Joint City/County ALSP Grant Application - March 23, 1999 Staff Report RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION'S AGRICULTURAL LAND STEWARDSHIP PROGRAM FOR THE DIXSON RANCH AGRICULTURAL PRESERVE WHEREAS, the Legislature has established the Agricultural Land Stewardship Program within the Department of Conservation, and through a grant program is providing assistance to conserve important agricultural land resources that are subject to conversion pressures; and WHEREAS, the City of Arroyo Grande supports acquisition of conservation easements for the purpose of conserving priority agricultural land resources; and WHEREAS, the City Council of the City of Arroyo Grande certifies that any easements obtained will meet the eligibility criteria set forth in Public Resources Code Section 10251, to wit: (a) The parcel proposed for conservation is expected to continue to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production. (b) The City of Arroyo Grande has a General Plan which demonstrates a long- term commitment to agricultural land conservation. This commitment is reflected in the goals, objectives, policies, and implementation measures of the Plan, as they relate to the area of Arroyo Grande where the easement acquisition is proposed. (c) The grant proposal is consistent with the Arroyo Grande General Plan, and the City Council of Arroyo Grande, by this Resolution, approves the grant proposal. (d) Without conservation the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby support the submittal of an application for grant assistance funding from the Agricultural Land Stewardship Program by the Coastal San Luis Resource RESOLUTION NO. PAGE 2 Conservation District and American Farmland Trust for the Dixson Ranch Agricultural Preserve located in the City of Arroyo Grande. 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 ,1999. RESOLUTION NO. PAG E 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: t-~~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ~ TI OTHY . CAR EL, CITY ATTORNEY ATTACHMENT 1 ZO:VI_V G 1~I-~P OF THE' CITY UF ~RROYO GRAIVD~' RESIDENTIAL ~ ESTATE RE ~ HILLSIDE RH !"~i'~ RURAL RR RS ' i SUBURBAN SINGLE FAMILY SF ; ' VILLAGE RESIDENTIAL VR ~ ~r' CONDOMINIU~4/T0~~IVHOUSE MF ~ ` Pr APARTMENTS MFA ~ ; ' F' MOBILE HOME PARK MHP s : 'E~ - Z ~ . ~ SENIOR HOUSING SR " ~i-H : k~ 8 PL~INNED DEVELOPMENT/ PD-1.# ' y~ i ' ~ , , SPECIFIC PLAN SP-3-# ` ~H ~ ~ , :~G-D- 4 COMi~1ERCIAL r' pD f..1 ~rv 4~' N~f 2.1 ~ ' ~ , j PF GENERAL UC .4 z~,. - ` '~--~5 VILLAGE VC r ~ , ~ OFFICE PROFESSIONAL 0 F ~ ? HIGHWAY COb4MERCIAL HC ; : A~~' 11?~HP '`\AG ~ ~ 2.1/~ °~•-s~. F INDUSTRIAL , ~,~R LIGHT MANUF~CTURING/ I ~ ~ y^'~~ -Y, AG ? BUSINESS PARK J~ " ~ \ ~ ~GRICULTURE j . , A ` ~ . ~ . GENERAL AG ~ ? PRESERVE `,tN~, Xk ` ~ ' ~5.; PUBLIC AND aG ` aG, y1 QUASI-PUBLIC F~CILITIES F-D ~ PF 2.s - RH* , . , ~R,o-z 8 ~ ' ~ ~ • SPECIFIC PLA\T REQUIRED 'RR ~°t;', - ' -D- DESIGN OVERI.AY DISTRICT-SEE DEVELOPMENT CODE TE%T FOR DETAILS ; .i ~ . ~~V~~ CI7Y OP • t l'.~ pY ~ w~ ~ O&SPO C~~t'~ 9DOPTED THIS 14TH DAI' OF ~ MAY. 1991, BY ORDINaNCE N0. 439 C.S. ' .ii4d ~.fp1 ~Ab A:0 '.LJFF'd' 3(~.~lE n M ATTACHMENT 2 STATEMENT OF INTENT AND REQUEST FOR RESOLUTION FROM THE DIXSON RANCH AGRICULTURAL PRESERVE v May 14, 1999 Mr. Robert Hunt City Managager City of Arroyo Grande TO THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE STATEMENT OF INTENT AND REQUEST FOR RESOLUTION As co-owners of the Dixson Ranch Agricultural Preserve, it is our intent to apply for an acquisition grant offered by the State Department of Conservation's Agricultural Land Stewardship Program (ALSP). To this end we have requested the services of American Farmland Trust and the Coastal San Luis Resource Conservation District to apply for this grant to purchase the developmenmt rights from the Dixson Ranch. It is our intent to use this process as a demonstration project for Arroyo Grande farmland owners in order to assess the availability of funds to move into this type of program which will preserve the rich agricultural soils of the Arroyo Grande Valley and yet provide fair compensation for the land owners. As per the grant application, City approval of the grant proposal is necessary as part of the eligibility for approval process. Please see the attached enclosures for background information. Sincerely, ~~~z~ C~- ~ /+~-~4.GS~,v,c-~(--~ ~ C;~ ~`~`"`,~..~..~x_ Sara L. Dickens, Co-Trustee Marianna McClanahan, Co-Trustee 3638 Blair Way 617 W Malvern Torrance, CA 90505 Fullerton, CA 92832 Enclosures 1 1 PROJECT REPRESENTATIVES Y : - ` _ _ ~ ~ , t i ~ ' ;l ~:?c`~i!`Ir', ~ r,, i GREG K{RKPATRICK . F[FLD REPRESENTA77YE i002 W. Main Street • Visafia, CA 93291 TeL (559) 627-3708 Fax: (559) 62i-3821 E-mail: gkaft@aol.com http://www.fazmland.ag S C H A R F F E N B E R G E R I.. a n d P I a n n i n g & D e s i g n Thomas J. ScharfFenberger y-~._ . 523 17th Avenue _ _ _ - . . San Francisco, California 94121 rEt 415.387.3077 fAX 41 5.387.3758 cjs.cvsC~worldnec.aec.nec CLAx 3487 _ . _ . : eoastal San Luis Resource Cort~~vatio~rDistrict: _ Neil Havlik City of San Luis Obispo Tel. 781-7211 Fax. 781-7109 A ricultural Land g S w ' te ardsh~ Pro ram p g 1998-1999 Request for Proposals ~ ~ 3 = "'-=ai..._. ° _ r"'~-~ay~ - ~ l ~ ~ / ~ ~ / c'--~ 1`~ _ i ~ _~f ~ r~~~ ~'~-1_-`~~~~~~~__= ~1~-~ _ - ~ _ ~ -=_i~~,i .i~~~~1~. _ - _ ~-J..i ~ ~ ~i t~-`~~~-~~~~. - - - - ~ _ _ _ • _ : ~ = - - ~ - _ _ - _ : . : - _ '~3'. _ I y` - - - . ~ ~ ~ ~ ~ - , = ' = _ - - ' ~ _ - - • i ~ _ 5 ~ ' j:~ - - - ~ ~ ~ ~ . . ~ - t ~ : % ' ; , ; ;1'ti yr , Pete Wiison Dougias P. VVheeler Lawrence J. Goldzband Govemor Secretary for Resources Director State of Califomia The Resources Agency Departmerrt of Conserwation 12-98 ~ . ~ Departme~t of Conservation Agricultural Land Si+~ewardship Program ~ GraM Application Manual Fiscal Year 1998-99 Chapter 2. APPLYING FOR ACQUISITION GRANTS Acquisition grants inGude both agricultural conservation easemer~ts, and temporary fee title acquisitions. This chapter is organized into the following units: A. Acquisition Grant General Ir~fortnaticn (page 2-1) ; B. Acquisition Grant Application: Whaf to Submit (page 2-2) . C. Acquisition Grant Sekction Criteria (page 2-8) A. ACCUISITION GRANT GENERAL INFORMATION Grant Funding Levels. No minimum or maximum ievels of funding for individual grants have been established for the 1998-99 ALSP grant applicatia~ cyGe. However, given the total amount of available funds and the responsibitity of the Program to support agricultural land conservation throughout the State, applicants should carefuily consider the total costs of their proposals and opportunities to leverage funds from a variety of sources. During Stabe Fiscal Year 1998-99, up to $13.6 million in ALSP Grant Funds is available. Matching Corrtributions. Each application fo~ a grant pursuant to the ALSP shall coniain a matching component of not less than 5 pence~ of the va/ue of the grant or a donation of not /ess than 10 percent of the va/ue of the agricultural easement, or an equivalent combination thereof (Public Resources Code Section 10233). Partnership Agreements. Because of the relatively high cost of agricultural conservation easemeritss and the oppo~tuni#ies to gain multiple resourc:e objectives, the Agricultural Land Stewardship Program encourages project applicants to develop partnership agreements with interested parties that are capable of pooling available ~sources #o implement the project Additional priority may be given to those proposed projects that are developed in conjunetion with such partners. Duration of Easement Agreements. Agricultural conserwation easements obtained utilizing ALSP grant funds shall be held in perpetuity, subjed to review only if termination is sought after 25 years (Public Resources Code Section 1023~. A series of specific findings must be made by the Department of Conservation and the applicable local govemment in orcler for the . easemeM to be terminated. The termination provision is c~ns'Wered an administrative option to that which alr~eady exists judiaally. If the specific findings ane made, the landowner must repurc;hase the easement at its martcet at the time of termination, and monies must be deposited to the ALSP fund. For spe~c details oonoeming tennination of easements, consult Chapter 5 of the ALSP Act of 1995 (commenang with Public Resources Code Section 10270). Notice to the Public. Before an application for an agricultural vonservation easement can be granted by the Department, the applicant shall provide public notice to parties reasonably likely , to be interested in the property, induding the county and city in which to prop~rty is locafed, " conservation, agricultural, and development organizations, adjaoent property owners, and the general public. Written notice shall be provided to adjacent landowners as indicated in the county tax rolls not less than 30 days before the entity applies for the easemen~ The notice to the county and city shall be provided not less than 30 days before the entity applies for the easement (Public Resources Code Section 10254). Chapter 2: Acquisition Grants 2-~ Department of Conservation Ag~fcultural Land S"i+ewardshlp Program GraM Application Manual Fiscai Year 1998-99 B. ACQUISITION GRANT APPLICATION: What To Submit Acquisition grant applications shail consist of the foilowing nine elements: 1. ALSP Grant Application Cover Sheet (see page 4-4) 2. Execx~tive Summary 3. Project Specification 4. Project Implementation Schedule (see also page 45) 5. Project Budget 6. Project Monitoring Plan 7. Local govemment resolution in support of project (see page 2-6) 8. Any available letters of support from cooperating entities 9. Additional documents from non-profit organization applicarrts (see pages 1-2 and 41) ltems 2 through 6 are described below. Executive Summary This section should provide a brief but thorough description of: • the proposed project and its scope [(inGuding the specific location, number of acres involved, and type of land use (e.g., inigated row crop, dry land grazing, etc.)], and • an explanation of the potential or actual development pressure that may be impacting the site and surrounding areas. The Executive Summary should not exceed one page in length. Project Specification This sedion should be used to explain attributes of the proposed project, local govemment policies and actions, and the applicant's capabilities that are relevant to the goals of the ALSP. This section shall not exceed five pages. Specifically, answers to the following questions should be addressed (in the lettering format belov~, where applicable: a. What is the quality of the agricultural land based upon soil survey, farmland mapping, or other measures? Are there soil, dimate, or vegetative fadors that are particula~iy significant for this property? b. Are there additional natural resource considerations associated with this proposal, induding such issues as open space preservation, wetiand protection, or wildlife habitat conservation? c. Is there coordination among affected IandoHmers, local govemments, and non-prof'~t organizations conceming this proposed project as w~ell as other locaf agricultural land conservation activities? . d. Will the proposed project support long-teRn agricultural production in the region? e. Are there any innovative agricultural land conservation a~roaches that would be utilized in this project that might have application to other regions of the State? Chapte~ 2: Acquisition Grants . 2-2 Department of Conservation Agrfcultural Land St+ewardshlp Program GraM Application Manual Fiscal Year 1998-99 f. Is there evidenoe that, by acquiring an agricultural oonsenration easement on the proposed project, development pressures on neighboring agricultural lands will be reduoed? Please also add~ess the following, where applicable: g. How do the general ptan and related land use policies of the afFected aty or c~urrty support a long-#erm commitment to agriculturai land conservation in general, and this ~ proposal specafically? h. Is the proposed project cuRently within a Williamson Act Agricultural Preserve? i. VVhere is the proposed project in relation to a ctit~r's established sphere of influenoe? (Please provide a map delineating projecYs location in relation to Sphere of Influence.) j. What are the fiscal and technical capabilities of the applicant to cany out this project? Project Implementation Schedule This sedion should be used to explain the anticipated completion date for the proposed project, as well as any issues on which the project timing wi11 hinge, inGuding the timeframe of a willing seUer tio complete a transaction, identification of local cost share funding, and completion of an appraisal of the subject property. Please use the Imp/ementation Schedu/e fi~rmat (page 45), and attach any necessary explanation, not to excee~d one page. Project Budget This sedion should identify the total estimated project costs (pending an appraisal for final figures in acquisition projects; see note next page), using the budget table format prowded on page 2-5. The total estimated cost should be broken down to Gea~iy delineate funds being requested from the ALSP, commitments of funding from all other sour+ces (both proposed and actual, with documentation of actuat commitrnents provided), as well as oontributions in the form of donations of easement value on the part of a willing seller of an agricultural conservation easement See the list of costs eligible and ineligible for ALSP funding below. 1. Indired overhead costs 1. Direc;t easemerrt purchase costs 2. Ceremonial expenses 3. Expenses for publiaty 2. Other costs at the DepartmenYs option, 4. Bonus payments of any kind induding appraisals, preliminary title 5. Interest expenses reports, escrow fees, title insurance fees, 6. Damage judgmerrts arising from the and property surveying costs. Payment of acquisition, construction, or equipping of a these cosfseshall not exoeed 10 percent of faality,:whether deteRnined by judiaal t~e va/ue of the easemer~t for whicl~? the process, artiitration, negotiation, or vosts wer~e incumed (Public Resourr.es othe~wise Code Sedion 10231(a)). 7. Servioes, materials, or equipment obtained u~der any other state program 8. Real estate brokerage fees and/or expenses Chapter 2: Acquisition Grants 2-3 Department of Conservation A~ricultura! Land Stewardshlp Program Grant Appiication Manual Fiscal Year 1998-99 Specia/ Note: Appraisals Property appraisals are not necessary befo~+e the grant application is submitted. However, the app~aisa! must be completed before an approved grant may have funds released. For the purposes of the appiication, easemerrt va~ues should be estimated based on comparable costs of pr+evious easement or property transac~ions, to fhe extent possible. Funds granted wili not exoeed the value of the easement appraisal. if a landowner seeks tax benefits from the intemal Revenue Service in netum for charitable donation of an easement or portion thereof, the easement appraisal must occur within 30 days before or after the easement reoordation. Altematively, a letter from the easemen# a~raiser within that time period may certify the co?itinued accuracy of an appraisal conduc~ed more than 3p days prior to the easement necordation. Project Monitoring Regular monitoring of properties under easement is necessary to ensure compliance with the terms of the easement. The ALSP requires an annual report from the holder of the easement, certifying that the conditions of the easement ane being upheld. The monitoring component of the application, not to exceed two pages, shall describe how the proposed project will be monitor~ed following its completion, including: • establishment of baseline iMormation, ~ frequency of monitoring, ~ • who will be responsible for monitoring, and • any proposed language that will be induded within easement agreemer~ts and easemer~ts themselves, c~ceming access to conduct monitoring, and options for taking oorrective action, if necessary. Chap#e~ 2: Acqu'isition GraMs 2~q ~ Department of Conservation Agricuitural Land Si~ewardship Program Grarrt Appiication Manual Fiscal Year 1998-99 SAMPLE RESOLUTION Resolution No. RESOLUTION OF THE (Goveming Body, City CounciUBoard of Supervisors) OF APPROVING THE APPLICATION FOR (City or County) GRANT FUNDS CALIFORNIA DEPARTMENT OF CONSERVATION'S AGRICULTURAL LAND STEWARDSHIP PROGRAAA FOR THE (Title of Project) WHEREAS, the Legislature has established the Agriculturai La~ Stewardship Program within the Department of Conservation, and through a grant program is providing assistanoe to conserve important agricuftural land resources that are subject to conversion pressures; and WHEREAS, the intends to (Brief Description of Project and Projed Location) for the purpose of conserving priority agricultural land resources; and WHEREAS, the approves the (Goveming Body, City CounciVBoard of Supervisors) easement and certifies that the easement meets the eligibility criteria set forth in Public Resairces Code Section 10251, to wit: (a) The parcel proposed for oonservation is expected to continue to be used for, and is large enough to sustain, oommercial agricuttural production. The land is also in an area that possesses the necessary market, infrastru~ture, and agricultural support services, • and the surrounding parcel sizes and land uses will support long-tertn commercial agricultural production. (b) (city or oounty) has a general plan which demonstrates a long-temt oommitmerrt to agricultural land conservation. This commitment is reflected in the goals, objectives, policies, and implementation measures Chapter 2: Acquisition Grarrts 2-g _ . Department of Conservation Agrfcuitural Land Si+~ewardship Program Grarrt Application Manual Fiscal Year 1998-99 of the plan, as they relate to the area of (cou~y or aty) where the easement aoquisition is proposed. (c) The grarrt proposal is consistent with the {city or county) generai plan, and the goveming body of (city or county), by resolution, aPproves the grant proposal. (d) Without oonservation, the land proposed for protection is likely to be converted to nonagricultura! use in the foreseeable #uture. NOW, THEREFORE, BE IT RESOLVED THAT THE GOVERNING BODY OF T~E HEREBY: (Name of Goveming Body) Approves the filing of an application for funding from the Agricuttural Land Stewardship Program. Chapter 2: Acquisition Grants 2_7 . , AGRICULTURE Agriculture is the primary land use withi~ much of Arroyo Grande and surrounding fands. It is a primary determinani o# the area's ~ural, smaii tow~ atmosphere, an intrinsic part of ~ ~ the City's heritage, and a criticai factar in Arroyo Grande residents' perceptions as to what makes their community desirable. Preservation of agricuiturai lands, both within and adjaceni to the City, and retention of Arroyo G~ande's traditionai ties to agricuiture is of paramount importance to the future of the City. The City's intent io preserve agriculture . involves avo+ding decisions that could be interpreted to be indicafors of urban and rural development expansion, and to ensure the long=term avaitability of affordahie supplies of water to agricultural interests. Objective 1.0 Discourage land speculation, reduce the pressure for urbanization, and p~event the continued conversion of lands used for agricultural p~vduction to non-agricultural use within the City of Arroyo Grande and surrounding areas. Policy Statements and lmplementation Actions: 1.1 Retain p~ime soiis which are presently in or could 6e made available fo~ agricultural p~oduciion, as weil as other lands used for agricultural production of specialty crops for long term agricultura( use. lmp/ementation Aciions: a. Investigate, and it feasrb/e establish, specific programs and incentives for the preservation of agricu/iure wiihin and adjacent ro the City of Arroyo Grande, such as: ? creaiing an agriculiural preservaiion foundaiion, eithe~ as an Y independent foundation or as a joint effort wiih the County; ? wo~king with the California Coasia/ Corrservancy and Renewable Resaurces lnvestment Fund to secure funds for ihe preservation of agrrcLliural lands wiihin and adjaceni ro rhe City ot Arroyo G~ande; ? encouraging the County and other approp~iate public agencies to accept dedications of agricr~Iiura! and other open space Jands as a means af ensUring iheir /ong-term retention in agricU/tura! or open space use; and/or ~ ? esiablishing an agricultura/ and open space land presenraiion program io acquire deve/opment rights. b. Mainrain appropriate agricultural and/or open spacE designations in the A~royo Grande Land Use Element for prime soils which are presently in or cauld be made avai/ab/e for agricr~lturat production, as we/l as other ` land~s used for agricr~lturaJ produciion of specialty crops. ~ • C I TT OF ARROTO GRANOE GENERAL P(,AN OSCE-Z 1.2 Prevent the establishment of rural residentiat enclaves within productive agricuitural areas by prohibiting the division of lands used for agricultural produciion into parcels too smali to be economicaNy viable agricultural operations. Implementation Actions: a. Prior to any division of /and which is used o~ pianned for agricultural use, require the appiicant to demonstrate thai the resulting parce/s will be economicaliy viab/e entities, and that ihe proposed division oi Jand will not impact ihe long-term viability of agricu/tura/ production in the surrounding area. b. Work wrth the County of San Luis Obispo and neighbo~ing jurisdictions to contain the growth of rural residentia/ deve/opment rhat competes with agricU/tural lands and to ensure that their p/anning and development review programs preserve existing agricultural lands in long-term agricr~Jtural use in and adjacent to the Ciry of Arroyo Grande. c. Coordinate City and Counry goa/s, objectives, and policies re/ated ro rhe preservation of agricultura! and open space /ands by preparation of an 'Arroyo G~ande Fringe Study' or Sphere of influenc~ Study. 1.3 Protect lands used for agrict~lturai production from the negative impacts created when urban and rurai land uses exist in close proximity. Impiementation Actions: a. Maintain, to ihe extent possible, a separation between ag~icultura/ and nonagricv/tural uses fhrough the incorporation of butfer areas inio new urban and rural development where ihey wili occur adjac~nt io exisiing agricultural activities. b. Implement ihe 'Right to Farm' ordinance, protecting exis~'ing agricU/tural operaiions which are being conducsed in a healthful manner from nursance-re/ated /awsuits. c. Establish a Joint Powers Auiho~ity (JPA) with San Luis Obrspo County and other cities ta permit the Yransfer of deve/opment iights,' whereby densiry can be transferred from agricliltura! and oiher open space lands within and adJacertt io ihe Ciry fo other areas whicfr are capab/e of supporting further urban growth. . t.4 In determining ihe availabitity of water, do not use the avaiiabitity of agricultural watef rights and their potentiai conversion to urban or ru~al residential use as a justificaiion fo~ conversion to urban or rtirai residential developments. !mplementation Actions: a. Adopt a ResourcE Managemenr Ordinance which c/arifies ihe manne~ • . in which water resourcQS are to be evaluated in the .aUocation tif• deve- ~ lopment permits within Arroyo Grande. b. Consider adiudication of rhe groundwarer basin as a means of mainraining agricU/tural water rights in an 'agricvltural pool' and thereby ~ reduc~ potenrial speculation in water rights. CITY Of ARR0Y0 GRANDE GEN'cRAI PLAN OSCE-3 A~n.,*~,.~i ~A.~., nn ~e~nn • ~ AGRICULTURE The rete~tion of agricuitural land uses within and adjacent to Arroyo Grande is cruciai to the maintenance of the rural, small town atmosphere desired by its residents. To this end, Arroyo Grande intends to focus permitted development on exisitng urban areas, and to work wi#h San Luis Obispo County to p~event intrusion of ruraf residentlai development into agriculturai areas. Objective 1.0 Recognize and retain commerciai agricuiture as a desirabte land use and as a major segment of the community's identity and economic base. Policy Statements and Impiementa.tion Actions: 1.1 Retain prime soiis which are presently in or could be made available for agricLltural production, as weil as other lands used for agricuiturai production of specialty crops for long-#erm agricultural use. Implementaiion Actions: a. Designate areas within agricultu~a/ preserves for which Williamson Act contracts have been signed as AGRICULTURAL PRESERVE (A); designate other /ands suiiab/e for agricU/iural production as GENERAL AGAICULTURE (AG~ on the A~royo Grande Genera! Plan Land Use map. 1.2 Within cammerciaily viable agricultural areas, permit only land us~s which are o~iented toward the long-term viability of agricuiturat uses; support the retention ~ or creatton of agriculturally related industries necessary to support the long-term viability of agriculiurai operatio~s. Imp/emeniation Aciions: a. Within areas desrgnated AgricLltural Preserve, limit permitted land uses to agricu/tural crop produciion, grazing, and /imited sa/es of agricultural producrs produc~d on-site and relared producis. b. Within areas designated General Agriculture, limit permitted land uses to agricultural produciion, grazing, limited sa/es of agricvltural products produc~d on-site and related producis, and Jimited ag~iculiural suppo~t indusuies and services. c. Limit residential uses to those required for property owners and employees actively engaged in agricr~Iiural operadons. d. Development and other City permit or approval requests that propose to convert prime ag~icLltural lands to another use shaU be accompanied by an analysis of the long-term economic via6ility of agricr~/ture on the Jands proposed for conversion. ~ ~ e. Crireria for economic viability wi!! be based on rhe projecied average annual taxable incame for farming aciivities being equa! or greater than the Couniy median taxable income for a family of four. . CITY OF ARROYO GRAHOE GENERAI P~aH • ,~,c o ~ 1.3 Maintain the viability of agriculturat operations by requiring appropriate minimum , parcel sizes and limiting the intensity of use. lmplementaiion Aciions: . a. Require a minimum parce/ size within areas designated AgricLltural Preserve and General Agriculture of ten (10) gross acres. b. Prior to any division of /and which is used o~ planned for agricU/tural use, requrre the applicanr to demonstrate ihat ihe resulting pa~cels will be . economically viable entiiies, and that the proposed division of /and wi!l not - impact the Iong-term viability of agric~lfura! production in the surrounding area. c. Work wiih the rounty of San Luis Obispo and neighboring jurisdiciions to coniain ihe growth of rural residential development that competes with agricu/tural lands and to ensure that iheir planning and development review programs preserve existing agricUliural lands in /ong-term agricU/tura/ use in and adjacent to ihe Ciry of A~royo Grande. d. Coordinate City and Couniy goa/s, objeciives, and policies re/ated to the presenration of agricvltural and open space /ands by preparation of an 'A~royo G~ande Fringe Study' or Sphere of /nfluence Study. 1.4 Prohibit the extension of urban sErvices into areas designated Agriculturai Preserve and Generai Agricuiture. !mplementaiion Aciions: a. Where it is necsssary to extend ~oadways and urban infrastructure through K agriculiura/ areas in o~der to serve areas lanned for urban u P se, mainta~n the integrity of individual agricultural p~operties by routing extensions of roadways and urban infrastruciure around rather than through agricultural operations. 1.5 At such time as they are no longer economicaily viable, permit the conversion of the existing strawberry fields located south ot G~and Avenue near the western city limits to urban use subject to preparation of a specific plan as set forth in Government Cade Sections 65450-65457. Implementation Aciions: a. If converted, utilize the northerly portion of the properiy adjacent to Grand Avenue for commercia/ly-related uses. b. If converted, utilize the souiherly portion of the property for sing/e family residential (less than 5.0 dwe!ling units per gross acre) and rural residentia! (/ess than 2.0 dwelling uniis per gross acre) uses. ~ - CI7Y OF ARROYO GRANOE GEHERAL P~~N ~ LUE-4 Adapled May 22, 1990 _ _ COORDINATED AGRICULTURAL SUPPORT PROGRAM City of Arroyo Grande CONSERVATION EASEMENT AQUISITION PURCHASE OF DEVELOPMENT RIGHTS COORDINATED AGRICULTURAL SUPPORT PROGRAM } City of Arrnyo Grande 5.4 CONSERVATTON EASEMENT ACOUISITION l PURCHASE OF DEVELOPMENT RIGHTS 5.4.1 Description A conservation easement is a legal instrument that a private landowner, in cooperation with a qualified public agency or land preservation organization, applies to private property to restrict its use to conserve its scenic value, agricultural productivity, or similar resources. The terins of each easement are uniquely tailored to the particular property and the inter- ests of the individual owner. Generally, an easement is a lengthy legal document and is most often prepared with assistance of an attorney. A conservation easement is typically deeded either through donation or sale, voluntarily by the landowner to a qualified private organization (e.g., a land trust), or, in some cases, to public agencies who will assume responsibility for its management. The titIe to the property remains with the original owner and may be transferred or sold to another entity, but the easement "runs with the land". It is recorded with the County Recorder, and is shown by any title report on the property along with other easements or recorded restrictions such as access rights, utilities, etc.. 5.4.1.1 Easements as part of "bundle of righ~ In order to understand the concept of a conservation easement, it is necessary to under- stand the nature of "development rights" in property. Development rights are similar to mineral rights, access rights, timber rights, or other "partial rights" to property that can be exercised by the owner or sold, leased, or otherwise transferred to another. A conservation easement is intended to extinguish or limit the owner's right to develop the property for any use that would be incompatible with the terms of the easement. Incompatible uses prohib- ited or limited by an easement might include, for example, the right to subdivide the prop- erty or to build homes or other structures on it; the right to cut or clear significant vegeta- tion; the right to mine the surface of the land; or the right to inundate the property with a reservoir or for flood control purposes. Granting a conservation easement does n~c.~ "transfer" the development rights to the organi- zation that holds the easement, in the sense that it would not permit the easement holder nor any other party to exercise the development rights. Rather, the easement grants to the holder the right to r v the owner or any other subsequent owner from developing the property in a manner that would interfere with the purpose of the easement. Conservation easements can be condemned by a public agency, in theory just as any real property or interest in property is subject to condemnation powers. However, they are al- most always donated or sold voluntarilv to a private organization by a landowner who ~ . 5-10 COORDINATED AGRICULTURAL SUPPORT PROGRAM ' City of Arroyo Grande wishes to assure that valuable natural resources of the property are protected for future generations. The terms of an easement almost always specify that it runs in perpetuity, be- cause provisions of State and Federal law require a perpetual term in order to qualify for tax benefits (see below). The temunology that surrounds this topic is often confusing; one sometimes hears such terms as "conservation restriction", "deed restriction", "scenic easement", . or "open space easement". These are important distinctions in law, however, for State ~and Federal ~ statutes provide for different tax treatment and regulatory standards to be used for differ- ent types of restrictions.l 5.4.1.2 Tax Benefits The impetus to a property owner to grant or sell a conservation easement is typically two- fold: First, there is usually a charitable intent that is motivated by a strong attachment to the land and its productivity, scenic values, historical character, etc. Secondly, a financial incentive is also present in many transactions, involving reduced income or estate taxes or direct compensation to the landowner through a purchase program (see below). Income tax benefits to a landowner are available under both Federal and State law, and involve the opportunity to deduct the appraised value of the easement from adjusted gross income as a charitable deduction. The estate tax liability is also lowered, because an appraisal of a decedent's estate must by law consider the effect of a conservation easement on the value of the real property that is part of an estate? Only certain types of real property--i.e., that which holds outstanding conservation values-- would qualify for such favorable tax treatment under State or Federal law. Almost all of the land within the CASP Study Area, however, would appear to qualify for a conservation easement under the conservation purposes test of Federal regulations.3 The CASP Study Area is almost entirely open space land that is planned to be preserved "pursuant to a 1 An "open space easement", for example, is not required to have perpetual existence, although it usually is. As with a Williamson Act contract (see Section 2.12 on page 12 above), an open space easement may be limited in term to 10 or 20 years, although it is automatically renewed unless one of the parties to it (the property owner or the agency administering it) elects to "non-renevW' the easement. In addition, an open space easement or scenic easement is held by a goverament agency in California, and the landowner is automatically entided to favorable property tax treatment. A conscrvation easement is allowed to ~e granted to a qualified non-psofit orgaaization, but it does not entitte the owner automatically to reduced property taxes. A conservation easement is not required to be in perpctuity, although it usually is. 2 Typically, a conservation easement on agricultural properiy within a growing area will reduce the value of such property by 35-75°~b, or even more. By reducing the appraised value and towering estate tax liability, it is much more ]ikely that agricultural property would be able to remain in the hands of a farming family rather than being sold to outside partics who often intend to coavert such land to other uses. t, 3 See Code of Federal Regulations (CFR) Ch. l, §1.17QA-14(d)(4)(rii) Q . 5-11 _ COORDINATED AGRICULTURAL SUPPORT PROGRAM ` City o(Arroyo Graade clearly delineated state or local governmental conservation policy and will yield a signifi- cant public benefit." Both the "clearly delineated governmental policy" test and the "significant public benefit" tests must be met independently; the Code of Federal Regulations spells out examples for each. These examples appear to indicate that a conseivarion easement on prime agricul- tural land within the Arroyo Grande Valley would meet both tests, since the State, County, and City all have clearly'delineated policies favoring the preservation of agricultural land and since such preservation would provide significant public benefits for future gene: a- tions. ~ 4.1.3 Purchase Prngrams Acquisition of conservation easements need not depend entirely on the availability of charitable donations by landowners who are inclined to impose an easement on their prop- erty only for the income or estate tax benefits that may be available. A successful conser- vation easement program should aiso inciude a program of fund-raising to enable the City, County, or private land trust to .purchase easements from willing sellers. In fact, more acreage could be preserved through an easement program that is backed up with a sub- stantial acquisition fund than one which is exclusively based upon voluntary donations. Any program that uses an acquisition fund to purchase conservation easements could be termed a"Purchase of Development Rights" or PDR program. As conservation easements are acquired, the development rights of the selling property are effectively extinguished or limited by the terms of the easement. Again, it must be noted that the acquiring entity does not acquire these development rights in order to exercise them, but rather to prevent them from being exercised. In a PDR Program, the acquiring entity has several options as to how to proceed in any individual transaction. It is not always necessary to pay fuIl market value of an easement, and in fact many easements could be acquired through a"bargain sale" process. A bargain sale occurs whenever a property owner sells an easement (or fee title) for a substantial dis- count, typically about 50%. When this occurs, the remaining value i.e., the difference between fair market value and selling price can often be treated as a charitable donation and deducted from the taxable income of the seller. This deduction is limited to an amount not to exceed 30% of the udjusted gross income of the taxpayer, but to the extent that its valued exceeds that limit, the remaining amount can be applied against subsequent annual t~ liabilities for up to six succeeding years. Q . 5-12 COORDINATED AGRICULTURAL SUPPORT PROGRAM ' City of Arroyo Grande 5.4.1.4 Monitoring and Enforcement of an Easement The agency or organization that accepts a conservation easement must plan for its monitor- ing and enforcement. This is a long-term indeed, perpetual responsibiiity, and is not to be taken lightly. The costs of monitoring can be reduced by use of trained volunteers, and are enhanced by a cooperative attitude on the part of the landowner. Should a dispute arise, however, that requires an enforcement action by the organization administering the ~ easement, the organization may have to exercise legal remedies in court such as an injunc- tion. In such cases, the costs for legal representation can be quite significant. Fortunately, the record of conservation easement enforcement is a good one. Very few court cases have ever emerged as a result of a dispute over a landowner's compliance with the requirements of an easement. 5.4.2 Prncednre for Initiating an Easement Acquisition/Purchase of Development Rights Program The procedure for initiating a conservation easement/PDR program for the Arroyo Grande Valley would depend to some degree upon whether or not a land trust is involved, as proposed in Section 5.3 above. The involvement of a land trust either a new organiza- tion or an existing trust such as the Land Conservancy would alleviate the need for either the County or the City to take action on this program independently. The procedure de- scribed below makes reference to either case, however. A conservation easement/PDR program could begin with the following steps: 1. Develop a model easement that is agreeable to all parties (City, County, and/or land trust} and which e~resses the general language desired for the Study Area. A sample easement is provided in the Appendix to this report, with draft lan- guage in it that could apply to conserve typical farmland in the Valley. 2. The City, County, and/or land trust should establish a fund for the purchase of conservation easements, a"PDR" or Purchase of Development Rights fund. The PDR fund could be initiated with private fund-raising efforts to generate voluntary contributions by individuals and local organizations and the business community. In addition to private efforts, however, the program sponsors should also investigate public revenue sources. Given the current dire situation with respect to State and local funding, of course, it is unrealistic to expect that a PDR fund could be funded from either City or County general funds. Some alternative sources of public funds for a PDR fund could include the following: • Grants or loans from State or Federal agencies, particularly to the extent that ~,Y, ~ such funding is available from measures such as Proposition 70 in 1988, or a ~ . 5-13 COORDINATED AGRICULTURAL SUPPORT PROGRAM ' City ot Arroyo Grande successor bill to AB 655 which failed passage in the 1990 California Legisla- - ture; • Proceeds of a sale of local bonds, such as a general obligation or special assessment bond, including Mello-Roos bonds (a particular type of special assessment bond); • Revenues from a special countywide tax such as a sales tax, excise tax, real ' estate transfer tax, or other similar measure; or • Mitigation fees on development projects proposed for prime agricultural lands, where authorized either by the City or County. To date, no such mitigation fees have been imposed by either jurisdiction, but other communities in California have used them and established the precedent~. In addition, it is conceivable that other types of development fees or annexation fees may be employed, to the degree that such fees can meet the "nexus" test established in case laws. The above list is not meant to be all-inclusive; there may be still other revenue sources that deserve to be investigated. 3. Make a joint announcement to the property owners that the County, City, and/or land trust (as appropriate) would be willing to accept conservation easements on productive familand. This announcement could be made by a letter or flyer to all la.ndowners in the Study Area, or to a sub-set of owners based upon certain criteria. For example, the announcement could go only to owners with existing Williamson Act contracts, those located outside of the City limits, only to those outside of the City's Sphere of Influence, etc. The announcement should emphasize the voluntary nature of the program, and describe some of the tax advantages available to a property owner who wishes to establish a conservation easement on qualified farmland. 4. Any voluntary easement transactions that result from this announcement should then be negotiated between the landowner and the entity that will ultimately as- sume responsibility for the easement (either the City, County, or private land trust). 4 Mitigation fees for farmland preservation have been employed in at least two Northern California counties, Alameda County (in Livermore Vatley Eo proted wine grape produdion) and in Solano County where a joint program with the City of Fair6eld funded a greenbelt pwchase using a special type of special assessment catled "Mello-Roos" bonds. 5 For a complete discussion of the "nexus" issue related to farmland conversion mitigation fees, see "Protecting Farmland Through Impact Fees in California by Anne Mudge, ~.and Use Law, January 1992. ~ 5-14 COORDINATED AGRICULTURAL SUPPORT PROGRAM ~ City of Arroyo Grande 5. As funds become available for use in the PDR Program, the City, County, or pri- vate land trust should continue to initiate and follow up on contacts among landowners to explore opportunities for voluntary purchase of easements. In this effort, a set of criteria should be established that provide a focus for the acquisi- tion efforts; any PDR fund is likely to have far greater demands upon it than available funding. Accordingly, it is only logical that an acquisition program should be focussed on the most important land in order to make best use of any ' available acquisition monies. Thus, the fund should be restricted only for use with prime or unique agricultural lands, floodplains, scenic areas, etc. 5.4.3 Analysis Of Criteria A purchase of development rights/conservation easement program would be likely to have the following characteristics, relative to the criteria established in Section 5.1 above. 1. Comprehensiveness Good to Excellent: The acquisition of conservation ease- ments would meet a variety of desirable goals: Land would be permanently conserved for agricultural use, and ease- ments can also be "tailored" to address other values that might be present in any individual property (e.g. scenic value, wildlife habitat, etc.). Additionally, the program can offer landowners some direct or indirect compensation for volun- tary sale of their develo ment ri hts. ~ . 5-15 COORDINATED AGRICULTURAL SUPPORT PROGRAM ' City of Arroyo Grande 2. Consistency with Excellent. A PDR/easement program would be consistent , Overall Community with the community general plans, if the program is operated Plans and Policies properly. 1'he City of Arroyo Grande Open Space and Conservation Element calls for implementation actions that include "worl~ng... to secure funds for the preservation of agricultural lands within and adjacent to the City of Arroyo ~ ~ ~ . Grande;.. (and) encouraging the County to accept dedica- tions of agricultural and other open space lands as a means of ensuring their long-term retention in agricultural or open space use; and/or establishing an agricultural and open space land preservation program to acquire development rights." Ideally, the operator of an easement acquisition/PDR pro- gram would be very familiar with City and County planning policies, and would select acquisition targets accordingly. Easements should only be acquired or accepted where the general plan states clear support for continued, long-term agricultural use of the property in question. (Fortunately, virtually all of the CASP Study Area would fall into that cat- egory). In addition, it should be recalled that clear public policy support for open space preservation is a vitally impor- tant factor in determining the eligibility to the IRS of any donarion or 'bargain sale" of development rights as a chari- table contribution. 3. Fiscal Feasibility Fair to Poor. A PDR program would be very difficult to es- tablish at this time due to very tight ~scal constraints facing the State and local govemments. In the future, however, a statewide or countywide bond issue may be passed which contains funding for agricultural lands preservation. If so, it is quite possible that the CASP Study Area would be eligible for fundin from such a bond issue. 4. Ease of Implementation Fair. An easement acquisition/PDR program is relatively easy to elcplain to the general public, but requires a well- organized, concerted effort by a number of individuals and agencies to "get off the ground". Again, constraints of fund- ing and staff time would place a severe practical impediment toward such an effort. (See recommended actions below). ~ . 5-16 _ COORDINATED AGWCULTURAL SUPPORT PROGRAM ~ City of Arroyo Grande . 5. Effectiveness Excellent. If conservarion easements are well-written, and if ~ the holding entity and the landowner have a cooperative re- lationship, easements can be very effective in meeting the goal of protecting agricultural land against encroachment. Indeed, a conservation easement is probably the most effec- tive land use measure in the entire repertoire of techniques ~ ' that are used for preserving agricultural land.. If properly . written and implemented, they have little "downside" in term.s of their effectiveness. Measure of Performance: In terms of a measure of performance, a conservation ease- ment strategy could employ a very simple index: The num- ber of acres that are subject to an agricultural conservation easement. This measure might be somewhat misleading, however, because the 1 ion of any acreage that is pro- tected may be a vitally important factor in determining whether or not the program is effective. An easement pro- gram might be judged a major success, for example, if it protects a key parcel adjacent to the City's Urban Reserve Line, thereby reinforcing City and County general plans even if the parcel is only a few acres in size and even if it is relatively erpensive to purchase the easement. On the other hand, an easement program that protects hundreds of acres in the farthest and most remote area of the Valley might not be judged to be as successful, even if the easement(s) for this land were purchased at a lower price, because all of the intervenin land would still be wlnerable to conversion. 5.4.4 Summary and Action Recommendations A conservation easement acquisition strategy is a highiy desirable part of any comprehen- sive program to protect agricultural Iands within the Arroyo Grande Valley. Coupled with a"PDR" fund for purchasing development rights from willing sellers, this strategy could be very effective. If sufficient funding is obtained, the program also offers the very positive advantage of being more equitable in its treatment of property rights. Any agricultural lands protection prograsn, by its very nature, limits the full exercise of property rights. At least with a conservation easement program, there is the possibility of direct (i.e., PDR funding) or indirect (income and estate tax benefits from easement donations) compensa- tion to landowners. The recommended actions on this program item for City and County governments as a re- sult of this CASP study are as follows: ~ ~ 5-17 COORDINATED AGRICULTURAL SUPPORT PROGRAM . City of Arroyo Grande , Recommended Action #4• After staff review, and review by their Planning Commusions, the City Council and Board of Supervisors should adopt a"model agricultural corrservation easement" for use in the Arroyo Grande Yattey. (If a land trust is formed or designated to work in the Arroyo Grande Yalley, thu step can be de- ferred to the Board of Tiustees of that organization). TT~u model easement would then serve as the basis ~'or negotiations with individual property owners . Recommended Action #S• The City, County, and Land Tiust (if arry) should seek funding sources to purchase cortservation easements from willing sellers--i. e., a Purchase of Development Rights or 'PDR" program. As part of the process of requesting suclt fundin~ criteria should be established for identifying priorities for acqursition. 77iese criteriq and the specific priorities that result from their use, should be reviewed by repre- sentatives of the City, County, and tand trust (if any), Those landowners with property that meets those criteria should then be notified of the availability of the PDR Program, including limitations as to the amount of such fundin~ the timing for its availability, and the manner in which the easement program would be implemented and monitorecL Further action on the easement/PDR program should follow, based upon the interest among landowners that results from these steps. These actions would include negotiating the easement acquisition; recording of the easement(s); and monitoring. ~ ~ 5-18 pRRO 11~~¦ o~ ~ INCORPORATED ~ Z MEMORANDUM ~ ~~~Y ,o. ,a„ c~°~ ~ FoRN~P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE TINA WIEGAND, CO-CHAIR COMPUTER TECHNOLOGY COM E~ DONNA McMAHON, CO-CHAIR COMPUTER TECHNOLOGY ~ COMMITTEE SUBJECT: Y2K COMPLIANCE STATUS REPORT DATE: JUNE 8, 1999 RECOMMENDATION: It is recommended that the City Council: 1. Provide direction to staff on a request from the County of San Luis Obispo for a$3,742 donation to be used for Y2K public service announcements, and; 2. Receive and file the Y2K Compliance Status Report. FUNDING: Should the City Council approve the $3,742 donation request, an appropriation will be made from the General Fund unreserved fund balance. The fund balance is estimated to be $519,915 at June 30, 1999 without the additional appropriation, and $516,173 should the City Council approve the donation request. DISCUSSION: In the early days of computer development, when computers and disk drives were exceptionally expensive, computer programmers developed ways to use every byte of memory in the most e~cient way. The date format is an example of one way byte memory was conserved. Six (6) bits of inemory were encoded to represent two digits for the month, two for the day, and two for the year. Thus 052599 was read as May 25, 1999. This date format is used for calculations, such as the passage of years, by assuming the "19" part of the date. Thus 33 years is calculated to have passed since 1965 to 1998 by subtracting 65 from 98. As the end of the century approached people began to recognize that the change from 1900 to 2000 could cause computers computation errors. Should a computer attempt to subtract 1965 from 2000, the calculation would yield ~5 (00 minus 65). What happens when a computer system encounters a negative date number is uncertain, other than an inaccurate answer. An inaccurate answer would appear to be the least of the problems. _ Y2K COMPLIANCE STATUS REPORT PAG E 2 Date computations are an integral part of modern life, such as computing interest earning on saving accounts, determining retirement benefits, and verifying the freshness of food products. Because date-related calculations are everywhere it is highly likely that there will be some consequences from hardware and software that cannot correctly deal with the millennium change. In addition, the Year 2000 is a leap year. Typical computer logic is to calculate a leap year as being devisable by 4 unless they are also divisible by 100. This formula results in Year 2000 not being a leap year, which is incorrect. The extent of the consequences and disruptions in daily lives from these date related problems cannot be ascertained with any degree of certainty. However, the City of Arroyo Grande is taking the problem seriously and is taking steps to ensure that any potential impact from these problems will be minimized. Scope of the Problem: In defining the scope of the Y2K situation three kinds of problems have been identified. • Business process applications and systems. Business process applications and systems are what are most commonly thought of when considering technology systems. They include software and hardware used for daily business operations such as desktop workstations, file servers, printers, operating system software (Windows 95, Novell NetWare, DOS, etc.). Other affected applications are office automation software (Word, Excel, PowerPoint, etc.), geographic information systems (Arclnfo/ArcView), public safety system (Spillman), finance system (Eden), building permits (Custom Design Software), and recreation scheduling software (RecWare). These include "off-the-shelf' or package systems like Office 95 or Novell; major systems purchased from "turnkey" vendors like our public safety and finance systems; and locally developed applications using database software such as the building permit application. • Process and control systems. These systems are often hard to identify because they use "embedded" software and hardware for facilities and equipment, such as HVAC systems, telecommunications systems, (telephones, data communications), traffic signals, process control systems for water treatment, vehicle fuel pumps, street lights, radio communications or telemetry system. • Data exchanges with other organizations. The City relies on electronic information from other agencies, and other agencies rely on electronic information from us. Examples include investments, banking, PERS, payroll deposits, wire transfers, and law enforcement information. In short, the City relies upon electronic data from other agencies for a number of "mission-critical" operations, and they rely Y2K COMPLIANCE STATUS REPORT PAGE 3 upon it from us. Even if the City's systems are Y2K compliant, problems may occur if other entities providing electronic intertaces are not Y2K complia