Agenda Packet 2000-08-22
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CITY COUNCIL ~ity 0/
AGENDA ~ [ff~
Michael A. Lady Mayor Rick TerBorch Interim City Manager
Tony M. Ferrara Mayor Pro Tem Timothy J. Carmel City Attomey
Thomas A. Runels Council Member Kelly Wetmore Director, Administrative Services
Steve Tolley Council Member
Jim Dickens Council Member
AGENDA SUMMARY
CITY COUNCIUREDEVELOPMENT AGENCY MEETING
TUESDAY, AUGUST 22, 2000
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER: 7:00 P.M. ,
2. ROLL CALL COUNCIURDA
3. FLAG SALUTE: KNIGHTS OF COLUMBUS
ARROYO GRANDE
4. INVOCATION: BISHOP JOE BUTLER
CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, ARROYO GRANDE
5. SPECIAL PRESENTATION:
5.a. American Red Cross - Certificate of Appreciation to City
6. AGENDA REVIEW:
6a. Move that all resolutions and ordinances presented tonight be read in title only
and all further readings be waived.
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AGENDA SUMMARY - AUGUST 22, 2000
PAGE 2
7. PUBLIC HEARINGS:
None.
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/RDA. The
Council/RDA 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/Board Member may indicate an interest in discussing your
issue with you subsequent to the Council meeting;
. The Council/RDA may direct staff to research the issue and
subsequently report back to the Council/RDA (generally in the form of
a memorandum or staff report); or
. No action is required or taken.
9. CITY COUNCIURDA CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a
group. The recommendations for each item are noted. Any Council/Board
Member may request that any item be withdrawn from the Consent Agenda to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/RDA may approve the remainder of the Consent Agenda on one motion.
9.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listing of cash disbursements to vendors
for the period August 1, 2000 through August 15, 2000.
9.b. Adoption of Ordinance No. 516 C.S. ModifyinG the California Public
Emplovees' Retirement Svstem (CALPERS) Contract (SNODGRASS)
Recommended Action: Adopt Ordinance No. 516 C.S.
9.c. Minutes of Special City Council/Redevelopment Agency Meeting
(Workshop) of May 4. 2000 and City Council MeetinG of AUGust 8 . 2000
[COUNCIURDA] (WETMORE)
Recommended Action: Approve minutes as submitted.
9.d. Reiection of Claim Aaainst City - D. Esrey (WETMORE)
Recommended Action: Reject claim.
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AGENDA SUMMARY - AUGUST 22, 2000
PAGE 3
9. CONSENT AGENDA (continued):
9.e. Fair Oaks AvenuelTallv Ho Overlay Proiect. Proaress Pavment #1
(SPAGNOLO)
Recommended Action: Authorize progress payment #1 in the amount of
$143,973.63 to R. Burke Corporation.
9.f. Reiect All Bids and Authorize the Re-Advertisement of the Creekside
Pedestrian Path. Phase 2. Proiect No. PW-2000-3 (SPAGNOLO)
Recommended Action: 1) Reject all bids for the project; and 2) Authorize the
re-advertisement of the Creekside Pedestrian Path Project, Phase 2 project for
construction bids.
9.g. Public Works Fees and Service Charges (SPAGNOLO)
Recommended Action: Adopt Resolution approving the 2000-01 Public Works
Field Division Fee and Service Charges.
9.h. Approval of Compensation Adiustments and ClassificationlTitle Changes
for Management Employees (TerBORCH)
Recommended Action: Adopt Resolution approving compensation adjustments
and classification/title changes for Management employees.
9.i. San Luis Obispo County Visitors and Conference Bureau Agreement
[COUNCIURDA] (SHEELEY)
Recommended Action: Approve the San Luis Obispo Visitors and Conference
Bureau Agreement.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Ordinance Relatina to the Regulation of the Sale and Distribution of
Tobacco Products (TerBORCH)
Recommended Action: Introduce Ordinance entitled "Regulation of the Sale
and Distribution of Tobacco Products".
11.b. Juvenile NiGhttime Curfew Ordinance (TerBORCH)
Recommended Action: Introduce Ordinance amending Chapter 13, Title 5 of
the Arroyo Grande Municipal Code regarding Juvenile Nighttime Curfew.
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AGENDA SUMMARY - AUGUST 22, 2000
PAGE 4
11. NEW BUSINESS (continued):
11.c. Selection of 2000 State Transportation Improvement Program (STIP)
Fundina Proiects (SPAGNOLO)
Recommended Action: 1) Provide direction to staff on selection and
prioritization of proposed 2000 State Transportation Improvement Program
(STIP) projects; 2) Adopt Resolution indicating the Council's interest in securing
2000 (STIP) funding for the proposed projects; and, 3) Authorize staff to
prepare SLOCOG funding applications for the candidate projects selected by the
Council; and 4) direct staff to forward the funding applications and resolution to
SLOCOG for funding consideration.
11.d. Looez Dam Water Supplv Contract (SPAGNOLO/CARMEL)
Recommended Action: Adopt Resolution approving the Contract between San
Luis Obispo County Flood Control and Water Conservation District and the City
of Arroyo Grande for a Water Supply.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present
reports to the other members regarding committees, commissions, boards, or
special projects on which they may be participating.
(a) MAYOR MICHAEL A. LADY:
(1) South San Luis Obispo County Sanitation District
(SSLOCSD)
(2) Other
(b) MAYOR PRO TEM TONY M. FERRARA:
(1) Integrated Waste Management Authority (IWMA)
(2) Economic Vitality Corporation (EVC)
(3) Air Pollution Control District (APCD)
(4) Other
(c) COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(d) COUNCIL MEMBER STEVE TOLLEY:
(1) Long-Range Planning Committee
(2) San Luis Obispo Council of Governments/San Luis
Obispo Regional Transit Authority (SLOCOG/SLORT A)
(3) Other
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AGENDA SUMMARY - AUGUST 22, 2000
PAGE 5
12. CITY COUNCIL REPORTS (continued):
(e) COUNCIL MEMBER JIM DICKENS:
(1) South County Area Transit (SCAT)
(2) Economic Development Committee/Chamber of Commerce
(3) Community Recreation Center Subcommittee
(4) Economic Opportunity Commission (EOC)
(5) South County Youth Coalition
(6) Other
13. COUNCIURDA COMMUNICATIONS:
Correspondence/Comments as presented by the City Council/RDA.
14. STAFF COMMUNICATIONS:
Correspondence/Information for the City Council presented by the Interim City
Manager.
. The City Engineer intends to accept Parcel Map AG 99-0246, owned by
Richard DeBlauw. The subject parcel is located at 1047 Maple Street. This
is a division of one parcel of 43,659 square feet in size into four separate lots
of 15,657; 11,149; 8,427; and 8,426 square feet in size. There is one existing
single family residential unit which will be located on parcel 2. Unless
appealed, the Final Map will be approved or disapproved by the City Engineer
within ten days following the date of this agenda.
15. ADJOURNMENT
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AGENDA SUMMARY - AUGUST 22, 2000
PAGE 6
* * *' * * * *
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.arroyoarande.org
CITY OF ARROYO GRANDE - ABBREVIATIONS revised 08104/00
A Agricultural Preserve
AB Assembly Bill LAFCO Local Agency Formation Commission
ADA Americans with Disabilities Act LOCC League of Califomia Cities
AG General Agriculture LLA Lot Line Adjustment
AGMC Arroyo Grande Municipal Code LUE Land Use Element
AGPOA Arroyo Grande Police Officers' Association MER Lot Merger
APN Assessor's Parcel Number MF CondominiumITownhouse
APCB Air Pollution Control Board MFA Apartments
APCD Air Pollution Control District MHP Mobile Home Parks
ARC Architectural Review Committee 0 Office Professional
ASCE American Society Civil Engineers OCSD Oceano Community Services District
ASD Administrative Services Department OSCE Open Space and Conservation Element
AWWA American Water Works Association PC Planning Commission
BD Building Division PD Police Department
CA City Attomey PF Public/Quasi Public
CC City Council PPR Plot Plan Review
CCC Califomia Conservation Corps PRD Parks & Recreation Department
CCCSIF Central Coast Cities Self-Insurance Fund PRE-APP Pre-application
CD Community Development PSHHC Peoples' Self-Help Housing Corp.
CDBG Community Development Block Grant PSP Planned Sign Program
CE Circulation Element PUD Planned Unit Development
CEC Califomla Energy Commission PW Public Works Department
CEOA Califomia Environmental Quality Act RDA Redevelopment Agency
CIP Capital Improvement Program RE Residential Estate
CIWMP Califomia Integrated Waste Management Plan RFP Request for Proposals
CM City Manager's Office RFQ Request for Qualifications
CMC Califomia Men's Colony RH Hillside 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
EDD Economic Development Department SEIU Service Employees Intemational Union
EDU Equivalent Dwelling Unit SF Single Family
EIR Environmental Impact Report SLO San Luis Obispo
EIS Environmental Impact Statement SLOCOG San Luis Obispo Council of Govemments
EOC Economic Opportunity Commission SLOHA San Luis Obispo Housing Authority
EVC Economic Vitality Corporation SLONTF San Luis Obispo Narcotics Task Force
FAU Federal Aid Urban SLORT A San Luis Obispo Regional Transit Authority
FD Fire Division SLOWRAC San Luis Obispo County Water Resources Advisory
FDAA Federal Disaster Assistance Administration Committee
FEMA Federal Emergency Management Agency SR Senior Housing
FID Financial Services Department SSLOCOWA South San Luis Obispo County Water Association
FPPC Fair Political Practices Commission SSLOCSD South San Luis Obispo County Sanitation District
FTA Federal Transit Administration SRRE Source Reduction & Recycling Element
FY Fiscal Year SWRCD State Water Resources Control Board
G.C. Govemment Code TPM Tentative Parcel Map
GC General Commercial TT Tentative Tract Map
GF General Fund TTAC Transportation Technical Advisory Committee
GP General Plan TUP Temporary Use Permit
GPA General Plan Amendment UBC Uniform Building Code
HCD Callfomla Department of Housing and Community UFC Uniform Fire Code
Development USA Underground Service Alert
HOP Home Occupancy Permit VAR Variance
HUD Housing and Urban Development Dept. VC Village Commercial
I Industrial and Business Park VCB SLO County Visitors & Conference Bureau
ISTEA Intermodal Surface Transportation VSR View Shed Review
JPA Joint Powers Authority ZONE 3 San Luis Obispo County Flood Control and Water
Conservation District - Zone 3 (Lopez Project)
9.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: AUGUST 22, 2000
RECOMMENDA TION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period August 1 - August 15, 2000.
FUNDING:
There is a $383,755.64 fiscal impact.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
ATTACHMENTS:
ATTACHMENT 1 - Cash Disbursement Listing
ATTACHMENT 2 - August 4, 2000 Accounts Payable Check Register (00/01)
ATTACHMENT 3 -August 4,2000 Accounts Payable Check Register (99/00)
ATTACHMENT 4 - August 4, 2000 Accounts Payable Check Register (00/01)
ATTACHMENT 5 - August 11, 2000 Accounts Payable Check Register (00/01)
ATTACHMENT 6 - August 11,2000 Payroll Checks and Benefit Checks
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A IT ACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
For the Period of August 1 Through August 15, 2000
August 22, 2000
Presented are the cash disbursements issued by the Department of Financial Services for
the period August 1 to August 15, 2000. Shown are cash disbursements by week of
occurrence and type of payment.
WEEK
August 4, 2000
Accounts Payable Cks (00/01) 96738-96805 2 53,443.72
Accounts Payable Cks (99/00) 96806-96825 3 15,947.25
Accounts Payable Cks (00/01) 96826-96836 4 814.30
70,205.27
August 11, 2000
Accounts Payable Cks (00/01) 96837-96921 5 58,277.02
Payroll Checks and Benefit Checks 6 255,273.35
313,550.37
Two Week Total $ 383.755.64
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CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARlMENTS
EDEN COMPUTER SYSTEM
GENERAL FUND (010) SPECIAL REVENUE FUNDS
City Government (Fund 010) Park Development Fee Fund (Fund 213)
4001 - City Council 4550 - Park Development Fee
4002 - City Oerk Traffic Signal Fund (Fund 222)
4003 - City Attorney 4501 - Traffic Fund
4101 - City Manager Transportation Fund (Fund 225)
4102 - Printing/Duplicating 4553 - Public Transit System
4120 - Finandal Services Constmction 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 Safety (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 & Recreation (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-Spedal 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 Council
ATTACHMENT 2
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1
08/01/00 09:38 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96738 08/04/00 000468 A T & T-L/DIST SVC. L.DIST FAX 010.4211.5403 28.78 28.78
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-K.SISKO 010.4101.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-J.FISCHBEIN 010.4425.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-M.MALLORY 010.4425.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-M.SIMONSON 010.4425.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-A.FEAR 010.4425.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-M.WEST 010.4425.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-J.MADERIOUS 010.4425 5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP.DS-M.STUMPH 010.4211.5315 45.00
96739 08/04/00 000898 ADDICTION MEDICINE CONS PRE-EMP. DS-A. SOWELL 010.4211.5315 45.00 405.00
96740 08/04/00 100882 ADVANCE MARKING SYSTEMS PASSPORTS & NAME TAGS 010.4211.5255 21. 30 21. 30
96741 08/04/00 003120 AMERICAN INDUSTRIAL SUP SAFETY GLASSES/ANALGESIC 010.4305.5255 27.08
96141 08/04/00 003120 AMERICAN INDUSTRIAL SUP HYDROCORTISONE/CROACKIES 010.4420.5255 60.06 87.14
96742 08/04/00 100897 AMERICAN TEMPS RHINEHART SVCS-7/21 220.4303'.5303 666.00 666.00
96743 08/04/00 006552 ARROYO MEDICAL GROUP IN PRE-EMP.PHYSICAL-COSGROVE 010.4201.5315 75.00 75.00
96744 08/04/00 007176 ATCO INTERNATIONAL HAND CLEANER 010.4305.5255 109.95 109.95
96745 08/04/00 010842 RICHARD BERRY ALCO-SENSOR-BERRY 010.4201. 5501 10.00 10.00
96746 08/04/00 012168 BOXX EXPRESS UPS SHIPPING 010.4201. 5201 76.88 76.88
96747 08/04/00 100307 CA. CRIME PREVENT. OFFICE HEATH/HULGAN MEMBERSHIP-CCPOA 010.4201.5503 60.00 60.00
96748 08/04/00 019266 CALIFORNIA UNIFORM ~TR. UNIFORM-QUEZADA 010.4201. 5255 938.38 938.38
96749 08/04/00 100842 CENTRAL & PACIFIC COAST OXYGEN H FILL 010.4211.5206 12.00 12.00
96750 08/04/00 021918 CENTRAL COAST SUPPLY LINERS 010.4213.5604 89.77
96750 08/04/00 021918 CENTRAL COAST SUPPLY P.TOWELS/T.PAPER/CLEANER 010.4213.5604 271.99 361.76
96751 08/04/00 023322 CHRISTIANSON CHEVROLET REPR.BUCKET SEATS/FAN BLOWER 220.4303.5601 557.50 557.50
96752 08/04/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96752 08/04/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96752 08/04/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96752 08/04/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00 40.00
96753 08/04/00 024832 COMMUNICATION SOLUTIONS REPR.FLOW METER.COMM.RELAY 640.4711.5603 315.00 315.00
96754 08/04/00 101844 CSK AUTO, INC. CLEANER & POLISH 010.4211.5601 21. 42 21. 42
96755 08/04/00 027144 L.N CURTIS & SONS SHOEFIT KNEE BOOTS 010.4211. 5272 183.38 183.38
96756 08/04/00 101702 DELL MARKETING L.P. DELL GX110 MINI TOWER 667 272.4201. 6101 1,685.98
96756 08/04/00 101702 DELL MARKETING L.P. DELL POWEREDGE 2400 BASE 272.4201.6101 7,167.53 8,853.51
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2
08/01/00 09:38 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96757 08/04/00 029484 DIESELRO INC. REPR.HYDO PUMP 640.4712.5601 231. 58
96757 08/04/00 029484 DIESELRO INC. REPR.HYDO PUMP 640.4712.5603 114.00 345.58
96758 08/04/00 033150 FEDERAL EXPRESS CORP FED EX-STEVE ADAMS 010.4101.5201 19.50 19.50
96759 08/04/00 101379 FERGUSON ENTERPRISES,IN PIPE 010.4420.5605 123.34 123.34
96760 08/04/00 035802 FRANK'S LOCK & KEY INC REPL.LOCKS 010.4420.5605 49.10
96760 08/04/00 035802 FRANK'S LOCK & KEY INC DUP.KEYS 010.4420.5605 15.02
96760 08/04/00 035802 FRANK'S LOCK & KEY INC DUP.KEYS 010.4201. 5601 8.15 72.27
96761 08/04/00 101899 FRED PRYOR SEMINARS REGIS-ERIC JENSEN 010.4201.5501 125.00 125.00
96762 08/04/00 036738 GALL'S INC SPEAKERS 010.4211.5603 206.96 206.96
96763 08/04/00 038532 GRAND PERFORMANCE MUSIC MICROPHONE 010.4002.5201 107.55
96763 08/04/00 038532 GRAND PERFORMANCE MUSIC MICROPHONE 010.4001. 5201 300.00 407.55
96764 08/04/00 036426 GTE WIRELESS CELL PHONE-F. CHIEF 010.4211.5403 30.92
96764 08/04/00 036426 GTE WIRELESS CELL PHONE-ENG 695 010.4211.5403 18.74
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201. 5403 87.34
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201. 5403 19.04
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201. 5403 15.99
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201. 5403 19.04
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201. 5403 16.77
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201.5403 15.99
96764 08/04/00 036426 GTE WIRELESS PD CELL PHONE 010.4201. 5403 19.32
96764 08/04/00 036426 GTE WIRELESS CELL PHONE-CM 010.4101. 5403 31. 80
96764 08/04/00 036426 GTE WIRELESS CELL PHONE-PATROL CARS 010.4201. 5403 425.38 700.33
96765 08/04/00 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 133.69 133.69
96766 08/04/00 043914 JOSEPH IANNEO CA. JUVENILE JUSTICE-IANNEO 010.4201.5501 20.00
96766 08/04/00 043914 JOSEPH IANNEO GASOLINE 010.4201. 5608 69.99 89.99
96767 08/04/00 044050 IKON OFFICE SOLUTIONS,I MAINT/COPY USEAGE 010.4421. 5303 122.24 122.24
96768 08/04/00 100117 IMAGING PRODUCTS INT'L FILM 010.4201. 5255 416.22 416.22
96769 08/04/00 046176 J J'S FOOD COMPANY CMC SUPPLIES 220.4303.5613 57.06
96769 08/04/00 046176 J J'S FOOD COMPANY ZONE 3 MEETING SUPPLIES 010.4001. 5201 4.27 61. 33
96770 08/04/00 046410 J.W.ENTERPRISES TOILET RENTAL 220.4303.5552 91.73 91.73
96771 08/04/00 101567 ERIC JENSEN GRAMMAR & USAGE CLASS-JENSEN 010.4201.5501 10.00 10.00
96772 08/04/00 048438 KEY TERMITE & PEST CONT QTLY PEST SVCS 010.4201.5604 40.00 40.00
96773 08/04/00 100231 DENA KROLL REF.5 CITIES SOCCER CAMP 010.0000.4605 36.00 36.00
96774 08/04/00 100752 KUSTOM SIGNALS, INC. TRANSMITTER 010.4201.5603 106.53 106.53
--
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3
08/01/00 09:38 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
,
96775 08/04/00 101893 CYNDI LEGER REF. HAPPY DAY SUMMER CAMP 010.0000.4605 140.00 140. 00
96776 08/04/00 053092 LUCENT TECHNOLOGIES PHONE SVC.AGREEMENT 010.4145.5403 25.60 25.60
96777 08/04/00 056394 MIDAS MUFFLER & BRAKE R & R LAMP & WIRING 010.4420.5601 105.09 105.09
96778 08/04/00 057096 MINER'S ACE HARDWARE COUPLER 010.4420.5605 7.78
96778 08/04/00 057096 MINER'S ACE HARDWARE GALV. CAPS 640.4712.5610 2.67
96778 08/04/00 057096 MINER'S ACE HARDWARE SPRAY PAINT/BRUSH WHEELS 220.4303.5613 83.89
96778 08/04/00 057096 MINER'S ACE HARDWARE DUP.KEYS no. 4303.5255 2.12
96778 08/04/00 057096 MINER'S ACE HARDWARE CEMENT GROOVER 010.4420.5605 5.35
96778 08/04/00 057096 MINER'S ACE HARDWARE TIEDOWNS 640.4712.5273 15.00
96778 08/04/00 057096 MINER'S ACE HARDWARE 9V BATTERY/PVC COUPLER/CLEANER 010.4420.5605 26.44
96778 08/04/00 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES 640.4712.5610 61. 37
96778 08/04/00 057096 MINER'S ACE HARDWARE CR:CEMENT GROOVER 010.4420.5605 5.35-
96778 08/04/00 057096 MINER'S ACE HARDWARE TOOLS 220.4303.5613 79.95
96778 08/04/00 057096 MINER'S ACE HARDWARE AA BATTERIES 640.4712.5255 8.13
96778 08/04/00 057096 MINER'S ACE HARDWARE BLDG.MATERIALS 640.4712.5604 33.61
96778 08/04/00 057096 MINER'S ACE HARDWARE SASH LIFT 640.4712.5604 4.27
96778 08/04/00 057096 MINER'S ACE HARDWARE PLUMBING SUPPLIES/MISC. TOOLS 010.4420.5605 4.14
96778 08/04/00 057096 MINER'S ACE HARDWARE INSECT SPRAY 010.4420.5605 4.49
96778 08/04/00 057096 MINER'S ACE HARDWARE SPRAY PAINT/HOSE MENDER/SPLYS 010.4420.5605 6.80
96778 08/04/00 057096 MINER'S ACE HARDWARE MISC. HARDWARE 640.4712.5610 10.62
96778 08/04/00 057096 MINER'S ACE HARDWARE TOOLS 220.4303.5613 95.92 447.20
96779 08/04/00 057174 MI$SION OFFICE PRODUCTS OFFICE SUPPLIES 010.4421.5201 115.57
96779 08/04/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4421.5201 14.86 130.43
96780 08/04/00 101895 JONATHAN MOORE REF.CHILDREN IN MOTION CARD 010.0000.4602 60.75 60.75
96781 08/04/00 100095 NAPA AUTO PARTS ANTENNA 010.4420.5601 11. 47 11.47
96782 08/04/00 062712 ORCHARD SUPPLY HARDWARE IRRIGATION SUPPLIES 640.4712.5604 7.16
96782 08/04/00 062712 ORCHARD SUPPLY HARDWARE IRRIGATION SUPPLIES 640.4712.5604 62.10
96782 08/04/00 062712 ORCHARD SUPPLY HARDWARE CR:IRRIGATION SUPPLIES 640.4712.5604 2.67- 66.59
96783 08/04/00 063960 PACIFIC BELL DATA LINE 473-0379 010.4140.5303 90.62
96783 08/04/00 063960 PACIFIC BELL L/DIST FAX 473-0386 010.4145.5403 7.93
96783 08/04/00 063960 PACIFIC BELL PHONE 489-2174 010.4201. 5403 31. 96
96783 08/04/00 063960 PACIFIC BELL FAX 473-2198 010.4145.5403 87.69
96783 08/04/00 063960 PACIFIC BELL PHONE/FAX 489-2345 010.4145.5403 63.14
96783 08/04/00 063960 PACIFIC BELL PHONE 473-5100 010.4145.5403 638.76
96783 08/04/00 063960 PACIFIC BELL DATA LINE 473-5141 010.4145.5403 236.43
96783 08/04/00 063960 PACIFIC BELL PHONE 481-6944 010.4201. 5403 115.71
96783 08/04/00 063960 PACIFIC BELL SLO COMPUTER 473-9523 010.4145.5403 73.77
96783 08/04/00 063960 PACIFIC BELL PAY PHONE 489-9867 010.4201.5403 53.70 1,399.71
96784 08/04/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 1,274.65
96784 08/04/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4712.5402 293.64
96784 08/04/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4711.5402 9,868.67
96784 08/04/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 612.4610.5402 855.76
-~_..-
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4
08/01/00 09:38 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96784 08/04/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4145.5401 5,708.89
96784 08/04/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 217.4460.5355 7.29 18,008.90
96785 08/04/00 064258 PAGING NETWORK OF LA PAGER SVCS 010.4421. 5602 110.23 110.23
96786 08/04/00 066924 PLAQUE SHAQUE ENGRAVE PAGERS 010.4211.5255 38.75
96786 08/04/00 066924 PLAQUE SHAQUE ENGRAVE PAGERS 010.4211.5255 65.00
96786 08/04/00 066924 PLAQUE SHAQUE CERTIFICATE PLAQUE-E ALLEN 010.4001.5201 32.18 135.93
96787 08/04/00 067890 PRAXAIR DISTRIBUTION,IN ACET/OXY GASSES 010.4305.5303 16.20 16.20
96788 08/04/00 101898 KIM ROMANO ROMANO SVCS TO 7/17 010.4301. 5303 540.00 540.00
96789 08/04/00 073164 DAVID SANCHEZ MILEAGE-SANCHEZ 010.4201.5501 129.58 129.58
96790 08/04/00 076740 SANTA MARIA TIMES TPR SUBSCRIPTION-P&R 010.4421.5201 20.00 20.00
96791 08/04/00 078156 SEBASTIAN OIL DISTRIB. DIESEL/GASOLINE 010.4211.5608 221. 31
96791 08/04/00 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201. 5608 1,317.79 1,539.10
96792 08/04/00 074490 SLO CNTY DEPT.HEALTH CROSS-CONNECTION PROGRAM 640.4710.5303 1,364.59 1,364.59
96793 08/04/00 098680 SLO COUNTY SHERIFF BOOKING FEES-APRIL/JUNE 2000 010.4201. 5323 5,365.00 5,365.00
96794 08/04/00 101894 GILBERT SOTELLO REF. HAPPY DAY SUMMER CAMP 010.0000.4605 140.00 140. 00
96795 08/04/00 080886 SOUTHERN AUTO SUPPLY STOPLIGHT SWITCH 010.4420.5601 4.93
96795 08/04/00 080886 SOUTHERN AUTO SUPPLY DUST SPINDLE CAP 640.4712.5603 6.76 11.69
96796 08/04/00 101897 STANLEY STEEMER CLEAN CARPET-CH 010.4213.5303 335.00 335.00
96797 08/04/00 082328 STERLING COMMUNICATIONS REPR.RADIO 010.4305.5603 38.00
96797 08/04/00 082328 STERLING COMMUNICATIONS MICROPHONE 010.4201. 5606 104.03 142.03
96798 08/04/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE 010.4101. 5201 111.72
96798 08/04/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE 010.4002.5201 111.72
96798 08/04/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE 010.4130.5201 111.72
96798 08/04/00 083382 SUPERIOR QUALITY COPIER FAX MACHINE 010.4120.5201 111.72
96798 08/04/00 083382 SUPERIOR QUALITY COPIER COPIER MAINT AGREEMENT 010.4102.5602 5,244.00
96798 08/04/00 083382 SUPERIOR QUALITY COPIER STAPLES FOR COPIER 010.4201. 5201 56.20 5,747.08
96799 08/04/00 085956 TREADWAY GRAPHICS DARE FACT CHART/MUG/PENS 010.4201. 5504 134.95
96799 08/04/00 085956 TREADWAY GRAPHICS DARE SCRATCH PADS/POST-ITS 010.4201. 5504 53.00 187.95
96800 08/04/00 088084 UNITED GREEN MARK,INC. COUPLING 010.4420.5605 9.60 9.60
96801 08/04/00 087672 UNITED RENTALS EXTENSION HANDLES 612.4610.5273 59.85 59.85
96802 08/04/00 089600 VENTURA COMMUNITY COLLE ALCO-SENSOR(RICHARD BERRY) 010.4201.5501 30'.00 30.00
96803 08/04/00 101866 VERIZON WIRELESS MESSAG FD PAGERS 010.4211.5403 60.81 60.81
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5
08/01/00 09:38 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
I
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96804 08/04/00 090480 WAYNE'S TIRE TIRES 640.4712.5601 375.96
96804 08/04/00 090480 WAYNE'S TIRE LUBE/OIL/FILTER/ROTATE 010.4301. 5601 39.35 415.31
96805 08/04/00 100431 WILLARD PAPER CO PAPER 010.4102..5255 236.49
96805 08/04/00 100431 WILLARD PAPER CO ENVELOPES 010.4102.5255 520.28 756.77
TOTAL CHECKS 53,443.72
-----
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6
08/01/00 09:38 VOUCHER/CHECK REGISTER
FOR PERIOD 15
FUND TITLE AMOUNT
010 GENERAL FUND 29,086.99
217 LANDSCAPE MAINTENANCE DISTRICT 7.29
220 STREETS FUND 1,807.86
272 CA LAW ENFORCMT TCHNLGY EQUIP. 8,853.51
612 SEWER FUND 915.61
640 WATER FUND 12,772.46
TOTAL 53,443.72
-.-.-
ATTACHHENT 3
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1
08/01/00 12:17 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
275 07/27/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4420.5201 27.87
275 07/27/00 009008 BANKCARD CENTER AMER.ECON DEV.BOOK 284.4103.5201 15.00
275 07/27/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4101. 5201 611.82
275 07/27/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4101. 5201 26.99
275 07/27/00 009008 BANKCARD CENTER SUPPLIES 010.4002.5201 97.78
275 07/27/00 009008 BANKCARD CENTER SUPPLIES 284.4103.5201 133.30
275 07/27/00 009008 BANKCARD CENTER AUTO CAD UPGRADE 010.4303.6101 553.95
275 07/27/00 009008 BANKCARD CENTER LUNCH MEETING 010.4301. 5201 51. 51
275 07/27/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4301.5201 241.11
275 07/27/00 009008 BANKCARD CENTER JOB ADVERTISING 010.4301. 5301 1,443.60
275 07/27/00 009008 BANKCARD CENTER OFFICE SUPPLIES 010.4120.5201 62.33
275 07/27/00 009008 BANKCARD CENTER ORAL BOARD SUPPLIES 010.4421.5316 38.19
275 07/27/00 009008 BANKCARD CENTER CR:BEST WESTERN 010.4101. 5316 589.36-
275 07/27/00 009008 BANKCARD CENTER CR:BEST WESTERN 010.4101. 5316 294.68-
275 07/27/00 009008 BANKCARD CENTER LODING-FIBICH 010.4211.5501 53.90
275 07/27/00 009008 BANKCARD CENTER LODGING TERESA MCCLISH 010.4130.5501 372.93 2,846.24
96806 08/03/00 100584 AIR LIQUIDE AMERICA COR OXY/ACET.GAS 010.4305.5303 46.73
96806 08/03/00 100584 AIR LIQUIDE AMERICA COR OXY/ACET.GAS 640.4712.5610 46.72 93.45
96807 08/03/00 006006 ARROYO GRANDE FLOWER SH FLORAL ARRANGEMENT-DOUGALL 010.4001. 5504 63.28 63.28
96808 08/03/00 012168 BOXX EXPRESS UPS SHIPPING CHARGES 010.4211.5201 48.58 48.58
96809 08/03/00 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINTS-SISKO 010.4101. 5315 32.00
96809 08/03/00 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINTS-FISCHBEIN 010.4425.5315 81. 00
96809 08/03/00 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINTS-MEJIA/ZIGLEMAN 010.4201.5324 132.00
96809 08/03/00 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINTS-WILLOUGHBY 010.4120.5315 56.00
96809 08/03/00 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINTS-SCURI/FEAR/WEST 010.4425.5315 324.00 625.00
96810 08/03/00 024102 COAST GRAPHIC SUPPLY DEVELOPER/PRINTING SUPPLIES 010.4102.5255 137.14 137.14
96811 08/03/00 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4001. 5201 10.00 10.00
96812 08/03/00 027144 L.N CURTIS & SONS LEATHER TURNOUT BOOTS 010.4211. 5272 250.97 250.97
96813 08/03/00 100968 DMG-MAXIMUS 95/97 INVESTMENT REPORTS 010.4145.5303 308.00 308.00
96814 08/03/00 100465 EDEN SYSTEMS,INC. PROG.TO MATCH WTR/SWR ORD 350.5805.7701 875.00 875.00
96815 08/03/00 101817 FIVE CITIES YOUTH BASKE REIMB.FEES COLLECTED-5 C B/BAL 010.0000.4613 3,055.08 3,055.08
96816 08/03/00 099034 GIN CONSTRUCTION,INC. REF. TREE FEES-ELM/FARROLL 010.0000.2202 2,625.00 2,625.00
96817 08/03/00 046176 J J'S FOOD COMPANY KITCHEN SUPPLIES 010.4001. 5201 1.28 1.28
96818 08/03/00 101816 TERESA MCCLISH REIMB.MCCLISH PRE-EMP.PHYS 010.4130.5315 119.00 119.00
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 29.60
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 97.20
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213 .5143 23.25
--
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2
08/01/00 12:17 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 37.44
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 26.50
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4102.5255 5.80
96819 08/03/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5604 39.34 259.13
96820 08/03/00 058578 MULLAHEY FORD DEDUCTABLE-CONTROL REPAIR 220.4303.5601 50.00 50.00
96821 08/03/00 100665 PERRY FORD OF SLO LUBE/OIL/ROTATE/REPR.BRAKES 010.4201.5601 642.00 642.00
96822 08/03/00 100200 RRM DESIGN GROUP PROF.SVCS RANCHO GRANDE PARK 350.5512.7501 3,585.71 3,585.71
96823 08/03/00 082486 STEWARD CO SUPPLIES/COMB BINDING 010.4102.5255 20.90 20.90
96824 08/03/00 100220 VHS MEDICAL CLINICS,INC PHYSICAL-FULLER 612.4610.5303 55.00
96824 08/03/00 100220 VHS MEDICAL CLINICS,INC PHYSICAL-P.MARSALEK 640.4712.5303 40.00 95.00
96825 08/03/00 100431 WILLARD PAPER CO PAPER 010.4102.5255 236.49 236.49
TOTAL CHECKS 15,947.25
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3
08/01/00 12:17 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE AMOUNT
010 GENERAL FUND 11,146.52
220 STREETS FUND 50.00
284 REDEVELOPMENT AGENCY FUND 148.30
350 CAPITAL IMPROVEMENT FUND 4,460.71
612 SEWER FUND 55.00
640 WATER FUND 86.72
TOTAL 15,947.25
-~_.._-
ATTACHMENT 4
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1
08/02/00 09:28 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96826 08/04/00 009750 BRENDA BARROW REIMB.CRAFT MARKERS 010.4422.5256 38.23 38.23
96827 08/04/00 101739 LUKE CAYWOOD S/BALL LEAGUE SCORER-CAYWOOD 010.4424.5352 49.00 49.00
96828 08/04/00 101638 TYLER COON S/BALL LEAGUE SCORER-COON 010.4424.5352 63.00 63.00
96829 08/04/00 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424.5352 96.00 96.00
96830 08/04/00 030584 DEBI DYKZEUL S/BALL SCORER-DYKZEUL 010.4424.5352 21.00 21. 00
96831 08/04/00 101604 BARBIE JONES REIMB.SNACK SUPPLIES 010.4425.5259 96.52
96831 08/04/00 101604 BARBIE JONES REIMB.MILEAGE-JONES 010.4425.5303 12.55 109.07
96832 08/04/00 100985 DOUG LINTNER S/BALL LEAGUE UMPIRE-LINTNER 010.4424.5352 96.00 96.00
96833 08/04/00 057272 MIKE MITCHELL S/BALL LEAGUE UMPIRE-MITCHELL 010.4424.5352 96.00 96.00
96834 08/04/00 058890 RICHARD MUNOZ S/BALL LEAGUE UMPIRE-MUNOZ 010.4424.5352 48.00 48.00
96835 08/04/00 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 70.00 70.00
96836 08/04/00 085664 TOM TOTH S/BALL LEAGUE UMPIRE-TOTH 010.4424.5352 128.00 128.00
TOTAL CHECKS 814.30
ATTACHMENT 5
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1
08/08/00 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
278 08/02/00 101906 JOINT INSTRUMENTATION REGIS-SHANE TAYLOR JIC W/SHOP 640.4712.5501 30.00 30.00
96837 08/n/00 003042 AMERICAN EQUIPMENT SVCS DUMP BIN 010.4213.5303 1,000.00 1,000.00
96838 08/n/00 003120 AMERICAN INDUSTRIAL SUP UVEX LENS TOWELETTES 010.4420.5255 24.02
96838 08/n/00 003120 AMERICAN INDUSTRIAL SUP COLD PACKS 010.4424.5257 90.09 n4 . n
96839 08/n/00 003822 AMERICAN RED CROSS FIRST AID / CPR TRAINING 010.4425.5255 59.00
96839 08/n/00 003822 AMERICAN RED CROSS FIRST AID / CPR TRAINING 010.4422.5256 59.00 n8.00
96840 08/n/00 100897 AMERICAN TEMPS RHINEHART SVCS TO 7/28 220.4303.5303 697.23 697.23
96841 08/n/00 004914 APEX SHARPENING WORKS EHO SPOOLS 220.4303.5603 51. 27
96841 08/n/00 004914 APEX SHARPENING WORKS SPARK PLUGS 220.4303.5603 29.49
96841 08/n/00 004914 APEX SHARPENING WORKS SHARPEN BLADES 010.4420.5603 49.00 129.76
96842 08/n/00 101904 ROGER BARKER REF. PARK DEPOSIT-BARKER 010.0000.4354 25.00 25.00
96843 08/n/00 On426 BLUEPRINT EXPRESS CREEKSIDE PATH COPIES 350.5607.7301 121. 25 121. 25
96844 08/n/00 013026 BRISCO MILL & LUMBER BROOM HOLDERS 640.4712.5273 5.79
96844 08/n/00 013026 BRISCO MILL & LUMBER MISC. PARTS-BUILDING 010.4213.5604 94.14
96844 08/n/00 013026 BRISCO MILL & LUMBER LUMBER/HARDWARE 612.4610.5610 85.20
96844 08/n/00 013026 BRISCO MILL & LUMBER LUMBER 612.4610.5610 57.44
96844 08/n/OO 013026 BRISCO MILL & LUMBER CR:BULBS-PAINT BRUSHES 010.4213.5604 33.96-
96844 08/n/OO 013026 BRISCO MILL & LUMBER GASKETS/FAUCETS/VALVE 010.4213.5604 48.21
96844 08/n/00 013026 BRISCO MILL & LUMBER PIPE NIPPLES 640.4712.5610 2.56 259.38
96845 08/n/00 013806 BURKE AND PACE OF AG LUMBER 010.4420.5605 59.35
96845 08/n/00 013806 BURKE AND PACE OF AG LUMBER 350.5625.7001 18.24
96845 08/n/00 013806 BURKE AND PACE OF AG REBAR 350.5625.7001 32.20
96845 08/n/00 013806 BURKE AND PACE OF AG LUMBER 350.5625.7001 31.65
96845 08/n/00 013806 BURKE AND PACE OF AG LUMBER 350.5625.7001 32.43 173.87
96846 08/n/00 101907 C.C.ARMEIAN APOSTOLIC C REF.C/B. DEPOSIT-CC ARMEIAN 010.0000.2206 250.00 250.00
96847 08/n/00 021940 C.COAST TAXI CAB SERVIC TAXI SVCS JULY 15-31 225.4553.5507 1,885.00 1,885.00
96848 08/n/00 018876 CA. ST. DEPT. TRANS PORTAT I SIGNAL MAINT/POWER 010.4304.5303 3,494.00 3,494.00
96849 08/n/00 101468 CAROL CARLSON APP.WITHDRAWN-230 BRANCH 010.0000.4514 248.00 248.00
96850 08/n/00 101739 LUKE CAYWOOD S/BALL LEAGUE SCORER-CAYWOOD 010.4424.5352 84.00 84.00
96851 08/n/00 101464 CELSOC PUBLICATIONS 010.4130.5503 56.48 56.48
96852 08/n/00 023322 CHRISTIANSON CHEVROLET FLY WHEEL INSP.COVER 010.4301. 5601 25.74 25.74
96853 08/n/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/n/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/n/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2
08/08/00 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00
96853 08/11/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 10.00 120.00
96854 08/11/00 101900 COLLEGIATE PACIFIC PLAYGROUND SPORTS EQUIP 010.4422.5256 91.49
96854 08/11/00 101900 COLLEGIATE PACIFIC PLAYGROUND SPORTS EQUIP 010.4422.5256 27.50
96854 08/11/00 101900 COLLEGIATE PACIFIC AM/PM SPORTS EQUIP 010.4425.5255 27.50 146.49
96855 08/11/00 101638 TYLER COON S/BALL LEAGUE SCORER-COON 01.0.4424.5352 28.00 28.00
96856 08/11/00 101844 CSK AUTO, INC. BRAKE CLEANER 010.4211.5601 33.20 33.20
96857 08/11/00 101779 CTE COMPUTER TRAINING C EXCEL 97 INTRO-N.ELLIOTT 010.4140.5501 149.00
96857 08/11/00 101779 CTE COMPUTER TRAINING C EXCEL 97 INTRO-R.STEFFAN 010.4140.5501 149.00 298.00
96858 08/11/00 026832 CUESTA EQUIPMENT CO REFLECT. VEST 220.4303.5255 16.81
96858 08/11/00 026832 CUESTA EQUIPMENT CO FOAM EAR PLUGS 010.4211.5272 32.18
96858 08/11/00 026832 CUESTA EQUIPMENT CO LIFT GATE KNOBS/TIRE CHUCK 010.4420.5601 20.38
96858 08/11/00 026832 CUESTA EQUIPMENT CO STEPS 220.4303.5601 67.06
96858 08/11/00 026832 CUESTA EQUIPMENT CO HOSE COUPLING 612.4610.5610 42.60
96858 08/11/00 026832 CUESTA EQUIPMENT CO HACK SAW BLADES 010.4420.5273 16.41
96858 08/11/00 026832 CUESTA EQUIPMENT CO PIPE DRIVER 640.4712.5273 233.81 429.25
96859 08/11/00 027144 L.N CURTIS & SONS FACE MASK/VALVE/FACE SHROUD 010.4211. 5272 326.36
96859 08/11/00 027144 L.N CURTIS & SONS SPEC COATS/PANTS 010.4211.5272 371.51
96859 08/11/00 027144 L.N CURTIS & SONS SHOE FIT BOOTS 010.4211.5272 95.82
96859 08/11/00 027144 L.N CURTIS & SONS HOSE GASKETS/SWIV GASKETS .010.4211.5603 161.99 955.68
96860 08/11/00 101902 JOSEPH DANA REF. PARK DEPOSIT-DANA 010.0000.4354 25.00 25.00
96861 08/11/00 028548 DAYSTAR INDUSTRIES STREET SWEEPING 612.4610.5303 5,276.61 5,276.61
96862 08/11/00 101910 JEREMY DE LOS SANTOS S/BALL LEAGUE SCORER-DE LOS 010.4424.5352 35.00 35.00
96863 08/11/00 101716 JIM DECECCO S/BALL LEAGUE UMP-DECECCO 010.4424:5352 48.00 48.00
96864 08/11/00 101702 DELL MARKETING L.P. 2 COMPUTERS-MINI TOWER 010.4303.6101 2,664.11 2,664.11
96865 08/11/00 101905 DELTA LIQUID ENERGY PROPANE TANK SVCS 640.4712.5303 24.00 24.00
96866 08/11/00 029484 DIESELRO INC. REPL.HYDRO FLUID/BETLS!HOSES 220.4303.5601 796.01
96866 08/11/00 029484 DIESELRO INC. BATTERY/TUNE UP/LUBE/OIL/FILTE 010.4420.5601 694.53
96866 08/11/00 029484 DIESELRO INC. R&R HYDRAULIC PUMP 010.4420.5601 662.07 2,152.61
96867 08/11/00 100147 ENVICOM CORP. PROF.SVCS TO 6/30 010.4130.5303 197.20 197.20
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3
08/08/00 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96868 08/n/00 033072 FARM SUPPLY CO. REPL.MILL HEAD-JAMES WAY 010.0000.2214 2,419.92
96868 08/n/00 033072 FARM SUPPLY CO. POP UP SPRINKLERS 010.4430.5605 100.19 2,520.11
96869 08/n/00 101379 FERGUSON ENTERPRISES,IN FULL CIRCLE REPAIR CLAMP 640.4712.5610 96.53
96869 08/n/00 101379 FERGUSON ENTERPRISES,IN BRASS BALL VALVES 640.4712.5610 412.91
96869 08/n/00 1013 79 FERGUSON ENTERPRISES,IN VALVES/FITTINGS 640.4712.5610 1,523.20 2,032.64
96870 08/n/00 100691 FIVE CITIES-TIMES LEGAL-75294 010.4130.5301 72.00 72.00
96871 08/n/00 100700 G & M MOBILE SERVICE R/R STARTER/ALT/BATTERY 010.4420.5601 505.67 505.67
96872 08/n/00 035022 GEO.FOLKROD AND SON;INC R/R KITCHEN SINK 010.4213.5303 72 .88 72.88
96873 08/n/00 100535 DOROTHY GODFREY REF. PARK SECURITY DEP-GODFREY 010.0000.4354 50.00 50.00
96874 08/n/00 039312 CITY OF GROVER BEACH SEWER BILL-CORP. YARD 612.0000.4751 40.58 40.58
96875 08/n/00 036426 GTE WIRELESS CELL PHONE-F. CHIEF 010.4211. 5403 41. 30
96875 08/n/00 036426 GTE WIRELESS CELL PHONE-DIV.CHIEF 010 .42n. 5403 16.18 57.48
96876 08/n/00 039858 VANESSA HALL MIXED MEDIA CLASSES-HALL 010.4424.5351 543.60 543.60
96877 08/n/00 101088 HANSON AGGREGATES SLURRY MIX 640.4712.5610 272.23 272.23
96878 08/n/00 100635 HARRY'S RADIATOR SVCS REPR.COOLING SYSTEM 640.4712.5601 49.56 49.56
96879 08/n/00 042158 BOB HICKS TURF EQUIPMEN SEAL KIT 010.4420.5603 352.19 352.19
96880 08/n/00 046098 J C LANDSCAPING LANDSCAPE MAINT. 010.4420.5303 380.00
96880 08/n/00 046098 J C LANDSCAPING LANDSCAPE MAINT. 217.4460.5356 120.00 500.00
96881 08/n/00 100985 DOUG LINTNER S/BALL LEAGUE UMPIRE-LINTNER 010.4424.5352 160.00 160.00
96882 08/n/00 053390 M&MLOCK&KEY DUP.KEYS STAMPED & NUMBERED 010.4213.5255 60.06 60.06
96883 08/n/00 054482 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-KAUFMAN 640.4712.5501 25.00
96883 08/n/00 054482 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-SCHMIDT 640.4712.5501 25.00
96883 08/n/00 054482 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-SHAGUN 612.4610.5501 25.00
96883 08/n/00 054482 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-ROBINSON 220.4303.5501 25.00
96883 08/n/00 054482 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-MARTINS 220.4303.5501 25.00
96883 08/n/00 054482 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-ELLIOTT 220.4303.5501 25.00 150.00
96884 08/n/00 054484 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-FULLER 612.4610.5501 25.00
96884 08/n/00 054484 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-CRUZ 640.4712.5501 25.00
96884 08/n/00 054484 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-SMITH 220.4303.5501 25.00
96884 08/n/OO 054484 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-MADRID 220.4303.5501 25.00
96884 08/n/00 054484 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-MEJIA 220.4303.5501 25.00
96884 08/n/00 054484 MAINTENANCE SUPERINTEND TRAFFIC CONTROL-MARSALEK 640.4712.5501 25.00 150.00
96885 08/n/00 055068 MARTIN & CHAPMAN CO. ELECTION FORMS 010.4002.5506 37.09 37.09
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4
08/08/00 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96886 08/11/00 053820 MC CARTHY STEEL INC STEEL FRONT PLATE 350.5625.7001 83.24
96886 08/11/00 053820 MC CARTHY STEEL INC ZINC COLD GALVANIZE 350.5625.7001 21. 45
96886 08/11/00 053820 MC CARTHY STEEL INC STEEL 010.4420.5605 72.18 176.87
96887 08/11/00 056182 MELLO & SON'S PUMPS & M CHECK/CONSULT-WELL#5 PUMP 640.4711.5603 55.00 55.00
96888 08/11/00 056628 MID STATE BANK-MASTERCA GASOLINE 010.4201. 5608 28.60
96888 08/11/00 056628 MID STATE BANK-MASTERCA TRAINING EXPENSES 010.4201.5501 191.80
96888 08/11/00 056628 MID STATE BANK-MASTERCA CITY MANAGER RECRUITMENT 010.4101. 5501 265.93
96888 08/11/00 056628 MID STATE BANK-MASTERCA ORAL BOARD MEALS (SGT/PO) 010.4201.5501 113.24
96888 08/11/00 056628 MID STATE BANK-MASTERCA REBUILD BATTERIES FOR LAPTOP 010.4140.5607 295.36
96888 08/11/00 056628 MID STATE BANK-MASTERCA CHAIRS 010.4201.5255 804.32 1,699.25
96889 08/11/00 056940 MIER BROS. CONCRETE 640.4712.5610 55.98
96889 08/11/00 056940 MIER BROS. CONCRETE 640.4712.5610 76.45
96889 08/11/00 056940 MIER BROS. CONCRETE 640.4712.5610 57.92
96889 08/11/00 056940 MIER BROS. COBBLE ROCK 350.5625.7001 75.08
96889 08/11/00 056940 MIER BROS. WEED BARRIER 640.4712.5604 423.64
96889 08/11/00 056940 MIER BROS. CONCRETE 640.4712.5610 57.92 746.99
96890 08/11/00 057096 MINER'S ACE HARDWARE CLAMP/WIRE ROPE 010.4430.5605 5.58
96890 08/11/00 057096 MINER'S ACE HARDWARE SANDDISC VENT 640.4712.5604 8.56
96890 08/11/00 057096 MINER'S ACE HARDWARE CLEANERS/SPONG/BLDG. MATERIAL 640.4712.5604 12.51
96890 08/11/00 057096 MINER'S ACE HARDWARE LUBE/FLEA KILLER 010.4213.5604 16.59
96890 08/11/00 057096 MINER'S ACE HARDWARE SCREWS 640.4712.5610 .66
96890 08/11/00 057096 MINER'S ACE HARDWARE PAINTING SUPPLIES 010.4420.5605 12.31
96890 08/11/00 057096 MINER'S ACE HARDWARE COMBO WRENCH 640.4712.5273 28.94
96890 08/11/00 057096 MINER'S ACE HARDWARE FLEA FOGGER 010.4213.5604 4.29
96890 08/11/00 057096 MINER'S ACE HARDWARE PAINTING SUPPLIES 640.4712.5604 12.53 101.97
96891 08/11/00 057134 MIRACLE REC.EQUIPMENT C C SPRINGS 350.5506.7001 255.82 255.82
96892 08/11/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 010.4120.5201 8.64
96892 08/11/00 057174 MISSION OFFICE PRODUCTS OFFICE SUPPLIES 612.4610.5201 49.12 57.76
96893 08/11/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 220.4303.5143 107.40
96893 08/11/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4305.5143 44.50
96893 08/11/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 90.61
96893 08/11/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 30.61
96893 08/11/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 72.00
96893 08/11/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 26.50 371.62
96894 08/11/00 057272 MIKE MITCHELL S/BALL LEAGUE UMPIRE-MITCHELL 010.4424.5352 96.00 96.00
96895' 08/11/00 101209 MOZART FESTIVAL REF.C/B.DEPOSIT-MOZART 010.0000.2206 125.00
96895 08/11/00 101209 MOZART FESTIVAL 2 HRS.RENTAL-MOZART 010.0000.2206 64 . 00- 61.00
96896 08/11/00 058890 RICHARD MUNOZ S/BALL LEAGUE UMPIRE-MUNOZ 010.4424.5352 48.00 48.00
96897 08/11/00 059124 MUSTANG TREE CARE REMOVAL EUCALYPTUS TREE 010.4420.5605 125.00
96897 08/11/00 059124 MUSTANG TREE CARE REMOVE MAGNOLIA TREE 350.5607.7001 300.00 425.00
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5
OB/OB/OO 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96B9B OB/11/00 06130B NELSON OFFICE EQUIPMENT EXTENDED WARRANTY-TYPEWRITER 010.4421.5602 72 .00 72.00
96B99 OB/11/00 101315 TARA NEUFELD REF. PARK DEPOSIT-NEUFELD 010.0000.4354 25.00 25.00
96900 OB/11/00 061B14 NOBLE SAW, INC. GAS MIX 220.4303.5603 90.09
96900 OB/11/00 061B14 NOBLE SAW, INC. CR:GAS MIX 220.4303.5603 90.09-
96900 OB/11/00 061B14 NOBLE SAW, INC. GAS MIX 220.4303.5603 77 .22
96900 OB/11/00 061B14 NOBLE SAW, INC. EYELETS/AIR FILTERS 220.4303.5603 44.95
96900 OB/11/00 061B14 NOBLE SAW, INC. AIR FILTERS/EDGER BLADES 010.4420.5603 191.75
96900 OB/11/00 061B14 NOBLE SAW, INC. SVC.POWER POLE PRUNER 010.4420.5603 37.02
96900 OB/11/00 061B14 NOBLE SAW, INC. SVC HAND BLOWER 010.4420.5603 31. 52
96900 OB/11/00 061B14 NOBLE SAW, INC. SVC WEEDEATER 010.4420.5603 53.70
96900 OB/11/00 061B14 NOBLE SAW, INC. PLUGS/RIDER PLATES 220.4303.5603 65.17
96900 OB/11/00 061B14 NOBLE SAW, INC. SVC HEDGETRIMMER 010.4420.5603 106.61
96900 OB/11/00 061B14 NOBLE SAW, INC. SVC WEEDEATER 010.4420.5603 70.05
96900 OB/11/00 061B14 NOBLE SAW,INC. SVC WEEDEATER 010.4420.5603 6B.25
96900 OB/11/00 061B14 NOBLE SAW,INC. SVC BLOWER 010.4420.5603 65.37
96900 OB/11/00 061B14 NOBLE SAW,INC. ARTICULATING HEDGER 010.4420.5273 514.76
96900 OB/11/00 061B14 NOBLE SAW, INC. REPR.WEEDEATER 010.4420.5603 33.27
96900 OB/11/00 061B14 NOBLE SAW, INC. MOWER BLADES 010.4420.5603 42.30 1,401.94
96901 OB/11/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 11,B31.54
96901 OB/11/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 44.70 11,B76.24
96902 OB/11/00 066320 PIONEER EQUIPMENT CO. BACKHOE BUCKET HOOK 640.4712.5603 3B3.43
96902 OB/11/00 066320 PIONEER EQUIPMENT CO. CR:BUCKET PIN 640.4712.5603 112.44-
96902 OB/11/00 066320 PIONEER EQUIPMENT CO. BUCKET PIN/RING WASHER 640.4712.5603 51. 90 322.B9
96903 OB/11/00 0716B2 GREG ROSE S/BALL LEAGUE UMPIRE-ROSE 010.4424.5352 16.00 16.00
96904 OB/11/00 101B65 THE SACRAMENTO BEE CLASS AD-ENG. 010.4301.5301 422.0B 422.0B
96905 OB/11/00 100192 SAN LUIS MAILING SVC UTILITY BILL MAILED-JULY 640.4710.5201 943.77 943.77
96906 OB/11/00 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 70.00 70.00
96907 OB/11/00 101903 JASON SCLIMENTI REF. PARK DEPOSIT-SCLIMENTI 010.0000.4354 25.00 25.00
9690B OB/11/00 OBOBB6 SOUTHERN AUTO SUPPLY BELTS-PW33 220.4303.5601 2B.29
9690B OB/11/00 OBOBB6 SOUTHERN AUTO SUPPLY ROCKER SWITCH 220.4303.5603 4.41
9690B OB/11/00 OBOBB6 SOUTHERN AUTO SUPPLY MASTER CYLINDER 010.4212.5601 15B.OB
9690B OB/11/00 OBOBB6 SOUTHERN AUTO SUPPLY FIX-A-FLAT/BIG FLAT CANS. 010.4420.5603 62.12 252.90
96909 OB/11/00 OB0964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 57.13
96909 OB/11/00 OB0964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 13.B9 71. 02
96910 OB/11/00 OB1432 BOB SPEAR S/BALL LEAGUE UMPIRE-SPEAR 010.4424.5352 4B.00 4B.00
96911 OB/11/00 101B97 STANLEY STEEMER CLEAN CARPET-COUNCIL CHAMBER 010.4213.5303 205.00 205.00
96912 08/11/00 OB232B STERLING COMMUNICATIONS COMMUNICATION RADIO 640.4712.6201 699.54
--.-
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6
08/08/00 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
96912 08/11/00 082328 STERLING COMMUNICATIONS DIRECTIONAL ARROW STICK 640.4712.6201 902.95 1,602.49
96913 08/11/00 082640 STRADLING,YOCCA,CARLSON LEGAL FEES TO 6/30 284.4103.5303 3,463.09 3,463.09
96914 08/11/00 082836 STREATOR PIPE & SUPPLY OPEN FRONT TOILET SEATS 010.4420.5605 84.57
96914 08/11/00 082836 STREATOR PIPE & SUPPLY FIREHYDRANT WRENCH 640.4712.5273 35.27
96914 08/11/00 082836 STREATOR PIPE & SUPPLY OPEN FRONT TOILET SEAT 010.4420.5605 8.19
96914 08/11/00 082836 STREATOR PIPE & SUPPLY PASCO & SLOAN R/R PARTS 010.4430.5605 46.53
96914 08/11/00 082836 STREATOR PIPE & SUPPLY SLOAN & PASCO PARTS 010.4430.5605 78.88 253.44
96915 08/11/00 085664 TOM TOTH S/BALL LEAGUE UMPIRE-TOTH 010.4424.5352 80.00 80.00
96916 08/11/00 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 383.46
96916 08/11/00 086034 TRI-CITY DISPOSAL SERVI DISPOSAL SERVICES 010.4213.5303 145.96 529.42
96917 08/11/00 086346 TROESH READY MIX CONCRETE 350.5625.7001 686.73
96917 08/11/00 086346 TROESH READY MIX CONCRETE 350.5625.7001 571.43
96917 08/11/00 086346 TROESH READY MIX CLASS #2 BASE 220.4303.5613 75.13
96917 08/11/00 086346 TROESH READY MIX ASPHALT WASTE 220.4303.5307 50.79
96917 08/11/00 086346 TROESH READY MIX CLASS 2 BASS 220.4303.5613 172 . 94 1,557.02
96918 08/11/00 087672 UNITED RENTALS CURB NOSE TOOL/ADAPTER 220.4303.5273 38.21
96918 08/11/00 087672 UNITED RENTALS HAND GROOVER/ADAPTER 010.4420.5605 36.19 74.40
96919 08/11/00 088826 PEGGY VALKO ART CLASSES-VALKO 010.4424.5351 1,653.80 1,653.80
96920 08/11/00 089270 JOSHUA VASQUEZ S/BALL UMPIRE-VASQUEZ 010.4424.5352 16.00 16.00
96921 08/11/00 090480 WAYNE'S TIRE TIRES 220.4303.5603 303.83
96921 08/11/00 090480 WAYNE'S TIRE LUBE/OIL/FILTER 010.4420.5601 125.35 429.18
TOTAL CHECKS 58,277.02
--.- "~---
VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7
08/08/00 16:39 VOUCHER/CHECK REGISTER
FOR PERIOD 15
FUND TITLE AMOUNT
010 GENERAL FUND 35,636.53
217 LANDSCAPE MAINTENANCE DISTRICT 120.00
220 STREETS FUND 2,896.21
225 TRANSPORTATION FUND 1,885.00
284 REDEVELOPMENT AGENCY FUND 3,463.09
350 CAPITAL IMPROVEMENT FUND 2,229.52
612 SEWER FUND 5,601.55
640 WATER FUND 6,445.12
TOTAL 58,277.02
ATTACHMENT 6
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD 7/21 TO 8/03/00
08/11/00
FUND 010 223,476.18 5101 Salaries Full time 131,144.99
FUND 220 10,694.51 5102-03 Salaries Part-Time 34,603.84
FUND 284 4,152.57 5105-07 Salaries Over-Time 8,659.33
FUND 612 4,754.24 5108 Holiday Pay 5,023.19
FUND 640 12,195.85 5109 Sick Pay 3,329.64
255,273.35 5110 Annual Leave Pay -
5111 Vacation Buy Back 130.46
5112 Sick Leave Buy back
5113 Vacation Pay 11,563.79
5114 Comp Pay 4,108.92
5115 Annual Leave Pay 2,267.76
5121 PERS Retirement 14,418.74
5122 Social Security 14,110.59
5123 PARS Retirement 316.76
5126 State Disability Ins. 530.57
5131 Health Insurance 19,553.11
5132 Dental Insurance 3,548.58
5133 Vision Insurance 761.68
5134 Life Insurance 526.40
5135 Long Term Disability -
5143 Uniform Allowance -
5144 Car Allowance 200.00
5146 Council Expense 375.00
5147 Employee Assistance -
5148 Uniform Allowance
5149 Motor Pay 100.00
Total: 255,273.35
-
.....
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICESej
SUBJECT: ADOPTION OF ORDINANCE NO. 516 C.S. MODIFYING THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(CaIPERS) CONTRACT
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council adopt Ordinance No. 516 C.S. amending the
contract with California Public Employees' Retirement System.
FUNDING:
There is no fiscal impact expected from the proposed modifications.
DISCUSSION:
The attached Ordinance was introduced, without modification, at the City Council
meeting of July 25, 2000. The following are the proposed changes to the
California Public Employees' Retirement System contract:
1. Miscellaneous employees to change from 2% at age 60 to 2% at age 55.
2. Retirement for miscellaneous employees to be based on one-year final
compensation rather than a three year average.
3. Police employees' retirement to be based on one-year final compensation.
The proposed changes to the CalPERS contract may be instituted at no current
cost because of a revaluation of the actuarial value of the City's assets by the
Retirement System. This revaluation was done as a result of the increased value of
investments and to allow agencies to increase retiree benefits with a minimum of
current costs.
Modifying the contract provisions enables the City to provide higher benefits without
incurring additional costs at this time.
------- ---..----,-.-..- .-
ORDINANCE NO. 516 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE TO AMEND THE CONTRACT
BETWEEN THE CITY AND THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California
("City") is duly authorized and existing under the laws of said State; and
WHEREAS, the City of Arroyo Grande has contracted with the Board of Administration
of the California Public Employees' Retirement System to provide retirement benefits to
its employees; and
WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 21354
(2% @ 55 Full and Modified formula), and Section J 20042 (One-Year Final
Compensation) for local miscellaneous members; and Section 20042 (One-Year Final I
Compensation) for local police members only.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Arroyo
Grande, as follows:
Section 1: That an amendment to the contract between the City Council of the City of
Arroyo Grande and the Board of Administration of the California Public Employees'
Retirement System is hereby authorized, a copy of said amendment being attached
hereto, marked uExhibit", and by such reference made a part hereof as though herein
set out in full.
Section 2: The Mayor of the City of Arroyo Grande is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said City.
Section 3. This Ordinance shall take effect thirty (30) days after the date of its
adoption.
Section 4: Within fifteen (15) days after passage of this Ordinance, it shall be
published, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
ORDINANCE NO. 516 C.S.
PAGE 2
On motion of Council Member I seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this day of 2000.
-....-.--
ORDINANCE NO. 516 C.S.
PAGE 3
MICHAELA. LADY, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
-
Exhibit
A
CalPERS
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Arroyo Grande
.
The Board of Administration, California Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the above public agency, hereinafter referred to
as Public Agency, having entered into a contract effective July 10, 1964, and witnessed June
16, 1964, and as amended effective September 16, 1966, May 24, 1973, July 4, 1980, June 24,
1988, February 12, 1999 and October 15, 1999 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective
October 15, 1999, and hereby replaced by the following paragraphs numbered 1 through
12 inclusive:
1. All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 55 for local
miscellaneous members and age 50 for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from
and after July 10, 1964 making its employees as hereinafter provided, members of
said System subject to all provisions of the Public Employees' Retirement Law
except such as apply only on election of a contracting agency and are not
provided for herein and to all amendments to said Law hereafter enacted except
those, which by express provisions thereof, apply only on the election of a
contracting agency.
.
3. Employees of Public Agency in the following classes shall become members of
said Retirement System except such in each such class as are excluded by law or
this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as local
miscellaneous members).
4. In addition. to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become members of
said Retirement System:
a. EMPLOYEES COMPENSATED ON AN HOURLY BASIS; AND
b. ELECTED OFFICIALS.
5. The percentage of final compensation to be provided for each year of credited
prior and current service as a local miscellaneous member shall be determined in
accordance with Section 21354 of said Retirement Law subject to the reduction
provided therein for Federal Social Security (2% at age 55 Modified and Full).
6. The percentage of final compensation to be provided for each year of credited
prior and current service as a local safety member shall be determined in
accordance with Section 21362 of said Retirement Law subject to the reduction
provided therein for Federal Social Security (2% at age 50 Modified).
7. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21222.1 (Special 5% Increase-1970). Legislation repealed said
Section effective January 1, 1980.
b. Section 20965 (Credit for Unused Sick Leave).
c. Section 21024 (Military Service Creditas Public Service), Statutes of 1976.
d. Section 21027 (Military Service Credit for Retired Persons).
e. Section 20042 (One-Year Final Compensation) for local miscellaneous
members and local police members only.
8. Public Agency, in accordance with Government Code Section 20790, ceased to be
an "employer" for purposes of Section 20834 effective on July 4, 1980.
Accumulated contributions of Public Agency shall be fixed and determined as
provided in Government Code Section 20834, and accumulated contributions
thereafter shall be held by the Board as provided in Government Code Section
20834.
" "
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with respect
to local miscellaneous members and local safety members of said Retirement
System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the" Board, payable in one installment
within 60 days of date of contract to cover the costs of administering said
System as it affects the employees of Public Agency, not including the
costs of special valuations or of the periodic investigation and valuations
required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as
the occasions arise, to cover the costs of special valuations on account of
employees of Public Agency, and cqsts of the periodic investigation and
valuations required by law.
11. Contributions required of Public Agency and its employees shall be subject to
adjustment by Board on account of amendments to the Public f;mployees'
Retirement Law, and on account of the experience under the Retirement System
as determined by the periodic investigation and valuation required by said
Retirement Law.
12. Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen days after the end of the period to -
which said contributions refer or as may be prescribed by Board regulation. If
more or less than the correct amount of contributions is paid for any period, proper
adjustment shall be made in connection with subsequent remittances.
Adjustments on account of errors in contributions required of any employee may
be made by direct payments between the employee and the Board.
B. This amendment shall be effective on the day of , .
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF ARROYO GRANDE
BY BY
KENNETH W. MARZION, CHIEF PRESIDING OFFICER
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
--_..._--~
I.c.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
THURSDAY, MAY 4,2000
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Chair Lady called the Special City Council/Redevelopment Agency meeting to
order at 7:00 p.m.
2. ROLL CALL
City Council: Redevelopment Agencv:
X Mayor Lady X Chair Lady
X Mayor Pro Tem Ferrara X Vice Chair Ferrara
X Council Member Runels X Board Member Runels
Absent Council Member Tolley Absent Board Member Tolley
X Council Member Dickens X Board Member Dickens
Staff Present:
lLJnterim City Manager/Executive Director
.LDirector of Economic Development/Administrative Officer
.LCity Attorney/General Counsel
.LSpecial Counsel
.LDirector of Administrative Services/Secretary
.LDirector of Financial Services/Finance Officer
.LDirector of Public Works
3. FLAG SALUTE
Mayor Lady led the Pledge of Allegiance.
4. PUBLIC COMMENT ON WORKSHOP AGENDA
None.
5. REDEVELOPMENT AGENCY WORKSHOP
Economic Development Director/Administrative Officer Sheeley introduced
Redevelopment Agency Legal Counsel Mark Huebsch and Consultant Steve
Harding from Urban Futures, Inc.
Mr. Harding gave a presentation to provide the City Council/Redevelopment
Agency with a better understanding of the California Community Redevelopment
Law as it pertains to general redevelopment purposes, practices, and procedures.
He explained the pre-redevelopment process of conducting a feasibility analysis;
activating a Redevelopment Agency; establishing a Redevelopment Plan and
project area; and establishing an initial Implementation Plan.
----.--
SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 4, 2000
Vice-Chair Ferrara asked for clarification on the redevelopment definition of
"blight" .
Agency Counsel Mark Huebsch clarified. that the redevelopment definition of
"blight" within most project boundaries in small areas relate to economic
underutilization and infrastructure deficiencies.
Consultant Steve Harding continued with a general overview as to how to finance
redevelopment projects and programs, and reviewed public financing methods
utilized in the implementation of redevelopment projects and programs. He
stated that there was not eminent domain within the City's Redevelopment Plan;
however, the Redevelopment Plan allows voluntary property acquisition. Mr.
Harding spoke about housing programs and the Agency's compliance
requirements for the production, improvement, and preservation of affordable
housing. He explained that 30% of the tax increment goes into the Low-Moderate
Income Fund for affordable housing.
In response to questions from Agency Board Members, Mr. Harding clarified that
the City's Redevelopment area is primarily commercial.
Legal Counsel Huebsch explained the Replacement Rule and the Inclusionary
Rule as it relates to affordable housing. He confirmed that there is very little
residential use within the City's Redevelopment area boundaries. He responded
that the Agency could use the low-moderate funds for meeting affordable
housing with the redevelopment boundaries and within the City limits.
Board Member Dickens asked if homes located in commercial zoning areas had
to be replaced.
Mr. Huebsch responded yes, replacement must occur within four years. He
explained the difference between relocation versus replacement.
Mr. Harding continued his presentation on financing redevelopment activities. He
explained the use of tax increment financing; certificates of participation; special
assessment districts; city funds; developer advances; Federal loan or grant
funds; and State loan or grant funds.
Mr. Harding stated the City's Redevelopment Plan was adopted by the City
Council in May 1997, and the Redevelopment Plan Implementation Strategy was
adopted by the City Council in February 1999. He reviewed the tax increment
projections summary and bonding capacity analysis. He explained that the
projections did not include the valuation of the recent Rite-Aid project. He
reported that by the end of the first quarter of next year, the Agency would have
the ability to issue five-year short-term notes to capitalize on the tax increment
received.
2
--.,.
SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 4, 2000
There was discussion about the existing debt in the Redevelopment Agency
budget and how it affects the leveraging ability of the tax increment fund.
Mr. Huebsch explained the City/Agency Agreement which enables the Agency to
borrow from the City. He. stated that this was common practice with
Redevelopment Plans.
Mr. Harding spoke about the Agency's basic economic development operating
principles and how to generate income to maintain services. He stated that
economic development and redevelopment policies and programs are tools in
implementing the City's General Pla.n; economic development and redevelopment
activities require sensitivity in fostering economic growth while preserving the
character of the community; strengthening the existing business community
through retention and expansion activities is as important as attracting new
business; the Agency will generally prefer to leverage it funds with private and
other public investment rather than pay 100% of the cost of any activity, and until
the community has achieved a strong economic base that can fund basic
municipal services and facilities, the Agency will need to invest in revenue-
producing development and job creation activities; clear, and that concise and
reasonable development policies and fees are an integral part of the
redevelopment process.
Board Member Runels asked if the bond that was passed for the Lopez Dam
retrofit project would affect the numbers in the Redevelopment Plan.
Mr. Harding replied that it would not.
Mr. Harding reviewed the near-term implementation program and budget for
Fiscal Year 2000-01; the mid-term implementation program and budget for Fiscal
Year 2001-02 though 2004-05; estimated Agency receipts and expenditures for
Fiscal Year 2000-01 through Fiscal Year 2004-05; and estimated Agency housing
fund receipts and expenditures for Fiscal Year 2000-01 through Fiscal Year 2004-
05.
Mr. Harding displayed a map of the Principal Improvement Zones which include
Grand Avenue, the Village, Traffic Way, and EI Camino Real and spoke about the
long-term implementation plan. He gave an overview of Site Specific
Redevelopment Opportunities as identified in the Redevelopment Implementation
Strategy. Mr. Harding reported that Key Site No.1 at the northeast corner of East
Branch Street and Wesley Street was currently under construction.
There was significant discussion regarding Key Site No. 4 located at the
southwest corner of Grand Avenue and Elm Street and how the Agency could be
more aggressive in its efforts to pursue a project at this location.
Director/Administrative Officer Sheeley spoke about the City's Economic
Development Task Force, which had been working on an Economic Development
Strategy. She reported that she had conducted preliminary discussions
3
SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 4, 2000
regarding Key Site No.4 and would continue to work with the property owner and
Urban Futures, Inc.
Board Member Dickens asked if the Agency would be conducting additional
Redevelopment Agency meetings and how it could direct staff appropriately in
regard to redevelopment issues.
Mr. Harding replied that the Redevelopment Implementation Strategy was in
place; however, there was flexibility in the Plan to react to opportunities that may
arise.
Chair Lady opened up the discussion for public comments, and upon hearing no
comments, brought the discussion back to the Agency Board.
Board Member Runels commented that it may be beneficial to focus on one area
in order to utilize resources effectively.
Chair Lady encouraged cooperation with property owners.
Board Member Dickens commented that with the first project, there was a need to
ensure success on both the City's and the owner's part. He stated he would like
to see the Agency pursue opportunities; encouraged other Board Members to
provide direction to staff; and recommended that the Agency come back in a
short period of time to meet again.
Vice-Chair Ferrara thanked Mr. Harding and Mr. Huebsch for the presentation and
suggested that 1) the Agency Finance Officer, Lynda Snodgrass, meet with the
Consultant, Agency Counsel, and Administrative Officer to review the
redevelopment fund; 2) a priority for the Redevelopment Agency should be to
calendar some regular meetings so that it could be ready when opportunities
arise in order to take action; and 3) in regard to Key Site ~o. 4, he had no problem
with shifting priorities in order to pursue a potential project at this location.
Interim City Manager/Executive Director TerBorch commented that that the City
was in the process of preparing the Preliminary FY 2000-01 Budget and there had
been a review of the Redevelopment Agency Budget over the last few weeks. He
stated. the Council would be reviewing the Preliminary Budget in the next few
weeks.
6. ADJOURNMENT to Regular City Council Meeting of Tuesday, May 9, 2000 at
7:00 p.m. in the Council Chambers, 215 East Branch Street.
Time: 9:16 p.m.
4
SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 4, 2000
MICHAELA. LADY, MAYOR/CHAIR
ATTEST:
KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR/
AGENCY SECRETARY
.
5
--.- '.'--""-'-'-'-
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 8, 2000
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL CITY COUNCIL MEETING
Mayor Lady called the meeting to order at 6:19 P.M. Mayor Pro Tem Ferrara, Council
Members Runels, Dickens, Tolley, Interim City Manager TerBorch 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 matter:
.
(a) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Rick TerBorch, Interim City Manager
Unrepresented Employees: Management
3. CLOSED SESSION ANNOUNCEMENTS:
Mayor Lady announced that there was no reportable action from the closed session.
4. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:22 P.M. to the regular City Council meeting of August 8,2000.
Michael A. Lady, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Services/Deputy City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 8, 2000
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Ma~or Lady called the Regular City Council meeting to order at 7:23 p.m.
2. ROLL CALL
City Council:
X Council Member Runels
X Council Member Tolley
X Council Member Dickens
X Mayor Pro Tem Ferrara
X Mayor Lady
Staff Present:
X-jnterim City Manager/Chief of Police
1L-City Attorney
1L-Director of Administrative Services
_Director of Building and Fire
lLJ)irector of Community Development
1L-Director of Economic Development
lLJ)irector of Public Works
X-J)irector of Parks and Recreation
1L-Director of Financial Services
3. FLAG SALUTE
Kay Silva, representing Veterans of Foreign Wars #2829, led the flag salute.
4. INVOCATION
Reverend Dr. Norman Somes, St. Barnabas Episcopal Church of Arroyo Grande,
delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Introduction of New City Manager by Mavor Lady
Mayor Lady introduced Steven D. Adams as the new City Manager. Mr. Adams
addressed the Council and public and introduced his family.
CITY COUNCIL MINUTES
AUGUST 8, 2000
6. AGENDA REVIEW
None.
6.a. RESOLUTIONS .AND ORDINANCES READ IN TITLE ONLY
Council Member Runels moved, Mayor Pro Tern 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. PUBLIC HEARINGS:
None.
8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
C.Z. Brown announced that he would be moving away from the area. He
expressed his appreciation to the Council and staff for listening to his concerns.
He spoke about the Rancho Grande Park project and Rodeo Drive as two issues
he was involved with. He urged continuing support of the Council and stated it
had been a privilege living in the community.
9. CONSENT AGENDA
Council Member Tolley moved to approve Consent Agenda Items 9.a. through 9.k.
with the recommended courses of action. Council Member Runels seconded the
motion.
a. Cash Disbursement Ratification. Approved.
b. Statement of Investment Deposits. Approved.
c. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility
Fund. Approved.
d. Annual Report - Fiscal Year 1999-00 Cash Activity in Transportation
Facilities Development Impact Fund. Approved.
e. Minutes of Regular City Council Meeting of July 25, 2000. Approved.
f. Rejection of Claim Against City - M. & S. Pazell. Rejected claim.
g. Adoption of Employment Agreement - City Manager. Adopted Agreeme.nt.
h. Acceptance of Improvements for Tract 2333. Approved.
i. Budget Amendment Request for Emergent Repairs .to Water Well No.5.
Approved.
j. Approval of Final Map for Tract 2265 - Village Glen. Approved.
k. Acceptance of Grant Deeds for the Construction of Curb, Gutter, and
Sidewalk on Tally Ho Road. Approved.
Voice Vote
- .
LRolI Call Vote
Aye Lady
Ave Ferrara
Ave Runels
Aye Tolley
Ave Dickens
2
CITY COUNCIL MINUTES
AUGUST 8, 2000
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
10.a. TRACT 2265 - VILLAGE GLEN
Council Member Tolley declared a conflict of interest due to his ownership of real
estate near the project and stepped down from the dais.
Director of Public Works Spagnolo highlighted the staff report. He explained the
applicant had requested that the sewer area charge be reduced for parcels 37
through 40 to exclude the open space portion of the lots. He displayed an
overhead showing the large amount of open space on the parcels. He explained
the development of the fee and how it is calculated. He said the Municipal Code
allows for adjustments in the charge; however, it would only apply to 63 - 70% of
the gross area depending on the topography and if the lots qualify for
subdivision. Staff recommended the Council review the developer's request and
provide direction to staff regarding whether the sewer area fee should be applied
for parcels 37-40.
Council Member Runels asked if the access to these lots were from Canyon Way.
Director Spagnolo responded that was correct.
Council Member Dickens asked for clarification on how the fee reduction was
derived.
Director Spagnolo responded that the fee was derived from a reduction of 63% of
the total tract area. He said staff was looking for direction whether the open
space was to be included when determining the sewer acreage fee.
Mayor Lady opened up the discussion for public comment.
Gary Young, 2850 Mesa Alta Lane, applicant, spoke on behalf of the request.- He
referred to Condition #24, which requires an Open Space Agreement be executed
for areas outside the one acre building site. He explained that the Open Space
Agreement has been executed and has been accepted by the Council. He said
the Agreement requires that the property be left as open space and can only be
changed by a decision of the City Council. He further explained that Condition
#25 requires that all buildings or structures to be built on lots 37-40 be built
within the one-acre area. He said Condition #127 requires a sewer permit fee to
be paid on a per acre basis. He requested consideration for reduction of the
sewer acreage fee for lots ~7-40 only.
Mayor Pro Tem Ferrara asked Mr. Young about the difference in his calculation of
the fee versus staff's calculation.
Mr. Young replied that he agreed to staff's calculation.
3
CITY COUNCIL MINUTES
AUGUST 8, 2000
Hearing no further comments, Mayor Lady closed the public comment period and
brought the issue back to Council for consideration.
Mayor Lady stated that the Sanitation District considered the same issue. He said
the Sanitation District Board unanimously waived the annexation fees based on
the non-use of the open space area.
Council Member Runelsasked what the maximum amount that the City would
charge for each of the building sites.
Director Spagnolo replied it would be approximately $1,400.
Council Member Runels stated he would be concerned about receiving the fees
should the parcels be developed in the future.
Further Council and staff discussion included issues relating to open space
dedications; concerns about future development of open space; the protection of
having the Open Space Agreements recorded as part of the tract. map approval;
and the benefit of collecting sewer fees in order to have sufficient funds in the
Sewer Facilities Fund. There was discussion about the existing ordinance
allowing the reduction of sewer fees based on issues of topography and if the
lots qualified for subdivision.
City Attorney Carmel stated that the provision in the Municipal Code related to
this issue is not clear. He stated that an interpretation must be made that open
space lots that are restricted by an Open Space Agreement can be subdivided.
He said it was not clear why subdivision was a prerequisite for a reduction in the
sewer fee. He stated it was unlikely that the open space lots would ever be
subdivided. He suggested that this section of the Code be clarified or rewritten.
Further Council discussion related to the current fee structure; proposed
amendments to the existing ordinance; how long it would take to amend the
ordinance; how soon the applicant would be pulling building permits; ana the
potential impact of a delay on the applicant's progress of the project.
Bruce Buckingham, representative for the project, stated that the fees for 36 lots
have been calculated and building permits would be pulled within the next week.
He said there was time to wait on the remaining four lots that include open space.
There was Council consensus to direct staff to revise the ordinance and bring the
item back for Council consideration.
Council Member Tolley returned to the dais.
4
CITY COUNCIL MINUTES
AUGUST 8, 2000
11. NEW BUSINESS
11.a. RESERVOIR #1 REPLACEMENT FINANCING
Director of Financial Services Snodgrass highlighted the staff report. She
explained that the 1999 Water and Sewer Rate Study recommended that capital
projects costing more than one million dollars be funded through outside funding
resources. She stated the first large water project was the replacement of
Reservoir #1 in Fiscal Year 2000-01. She reviewed the three financing options
available including public offering; private placement; and pooled offering.
Director of Public Works Spagnolo was available for questions relating to the
project.
Mayor Lady opened up the discussion for public comment, and hearing no public
comments, brought the issue back to Council for consideration.
Council Member Tolley asked for clarification on the private placement financing
as it appeared to be the best option.
Director Snodgrass responded she thought it was the best option for the. City due
to the falling interest rates and there is only a quarter of one-percent difference
between a private placement and a public offering. .
Council Member Runels asked if the new drinking water standards would be met
if the City did not replace Reservoir #1.
Director Spagnolo responded that the water quality standards would continue to
be met; however, meeting the capacity and demand needs of the system would
be a challenge~
Council Member Runels asked if the City could leave Reservoir #1 in its present
location and build a reservoir in another location for more storage capacity.
Director Spagnolo displayed photographs of the tank's interior, which justifies
replacement of the tank due to its age and physical location. He explained that
the tank was built in 1929; there are weeds and roots growing through the wall;
there is some erosion; and it needs to be moved to a lower elevation. Director
Spagnolo commented that the tank was drained and cleaned four years ago.
There was further discussion regarding the location of Reservoir #1; financing
terms of the three options; and the City's other outstanding debt obligations.
Council Member Runels moved to pursue private placement financing for the
Reservoir #1 Replacement Project. Mayor Pro Tern Ferrara seconded the motion.
5
CITY COUNCIL MINUTES
AUGUST 8, 2000
- Voice Vote
LRolI Call Vote
Aye Lady
Aye Ferrara
Aye Runels
Aye Tolley
Aye Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12. COUNCIL COMMUNICATIONS
Council Member Runels reported that the County Board of Supervisors certified
the Environmental Impact Report (EIR) for the Lopez Dam Retrofit project.
Council Member Runels gave an update on .the Santa Maria water litigation case.
He said there has been some discussion of having an expert explain the issues to
the legislative representatives of the agencies involved in the case.
Mayor Lady stated he had received an invitation for an Eagle Scout Court of
Honor Saturday, August 12th that he would not be able to attend.
Mayor Pro Tem Ferrara replied he would be attending and that Kevin Hassler was
going to be honored at the event. He requested the Council sign and present ~
Letter of Recognition that could be presented to Kevin at his Court of Honor and
then invite him to the next City Council Meeting to receive a proclamation. The
Council concurred.
Council Member Dickens gave an update on the last Open Space and
Conservation Subcommittee meeting. He reported that the Subcommittee had
written a letter to the Land Conservancy and the Director, Ray Belnap met with
the Subcommittee at its last meeting. He said the objective was to solicit the
Land Conservancy's services as a third party to negotiate with private land
owners in order to acquire open space. He said this would avoid a conflict and
provide an objective point-of-view. Council Member Dickens reported that Mr.
Belnap received Board approval of this concept. He said the Subcommittee
would be directing the Community Development Director to bring back direction
from the Council on future issues.
13. STAFF COMMUNICATIONS
Interim City Manager TerBorch reported that a memo had. been distributed to the
Council from Kerry McCants, Community Development Director, regarding a
strategy to expedite the completion of the General Plan Update.
14. ADJOURNMENT
Mayor Pro Tem Ferrara moved, Council Member Runels seconded, and the
motion passed unanimously to adjourn the meeting.
6
CITY COUNCIL MINUTES
AUGUST 8, 2000
Time: 8:40 p.m.
MICHAEL A. LADY, MAYOR
ATTEST:
KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
.
7
9.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES ~
SUBJECT: REJECTION OF CLAIM AGAINST CITY - D. ESREY
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council reject the attached Claim for Damages against the
City filed by Dora Esrey, 535 Traffic Way #32, Arroyo Grande.
FUNDING:
None.
DISCUSSION:
The City's insurance adjusters have reviewed the claim of Dora Esrey and recommend
it be rejected.
-- --
. ,
RECEIVED , . ,-\,_,_
~"'A. -y 0- ARROYO C,) .',. ,"
C II \~ \ \ " '. ,.... , '.J . .
00 JUL 2 I PH 2: 23 Next Report Due: August 18,2000
STATUS REPORT #2
July 19,2000
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420
ATTN: Rick TerBorch, Interim City Manager
RE: Our Principal: City of Arroyo Grande
Date of Loss: March 23,2000
Claimant: Dora Esrey
Our File No.: A9894- T
Dear Mr. TerBorch:
PREVIEW:
The claimant alleges that she tripped and fell on a displaced city sidewalk.
REPLY REQUEST:
I believe that this claim should now be rejected. If you concur please send a Standard
Rejection Letter to:
Dora Esrey
535 Traffic Way #32
Arroyo Grande, CA 93420
Please send a copy of said rejection to the undersigned for the completion of my file.
CITY REPORTS:
Thank: you for providing me with Randy Robinson's report relative to this matter. This
reflects that the displacement ranges ftom 3/8" to ~". Approximately 1 00 to 200
pedestrians walk by this area daily and there have been no prior complaints.
CARL WARREN & CO.
CLAIMS MANAGEMENT. CLAIMS ADJUSTERS
P.O. Box 1052 . San Luis Obispo, CA 93406-1052
Phone: (805) 544-7963 . Fax: (805) 544~1 068
. .
City of Arroyo Grande
Rick TerBorch
July 19,2000
Page Two (A9894- T)
CLAIMANT RECORDED STATEMENT:
The claimant alleges that she was walking alone on Fair Oaks towards the high school.
She was in the middle ofthe sidewalk. She tripped on a displacement falling onto her
nose. A girl stopped to help her and took her to Arroyo Grande Hospital. She had a bump
and a cut on her nose and damaged her glasses.
EMPLOYER WAGE LOSS VERIFICATION:
The Mobil Station on Traffic Way employs Ms. Esrey as a cashier. According to the
report completed by her employer she is paid $6.60 and hour. She lost $178.00 in wages
. as a result of her fall.
INDEX RETURN:
I indexed the claimant and received a report back ftom the index bureau. I wrote to
Golden Eagle Insurance for further information on a workers compensation claim of July
16, 1997. The wrote back and advised me that Ms. Esrey ftactured her right wrist while
employed by Alta Sierra Market in Grass Valley, CA. They further advise that claimant
was "discharged as cured".
MEDICAL RECORDS-ARROYO GRANDE COMMUNITY HOSPITAL:
The medical records of Arroyo Grande Community Hospital reflect that the claimant first
sought treatment on March 23,2000. Their diagnosis was "nasal abrasion versus possible
nasal fracture and knee abrasion". She was advised to use ice and that she would have
swelling for the next several weeks.
Ms. Esrey returned to the hospital on March 29,2000 complaining of nosebleeds. She
was given a nose spray and advised to follow up with h,er primary care physician if she
had further problems.
The total billing ftomArroyo Grande Community Hospital was $529.00. The bulk of this
was paid by the claimant's insurance.
.
City of Arroyo Grande
Rick TerBorch
July 19, 2000
Page Three (A9894- T)
CLAIM STATUS:
Claim Status Reserves
LBI-Dora Esrey Open Loss $500.00
Expense $ 500.00
COMMENT:
I shall now place my file on diary to August 19,2000 awaiting receipt of the Standard
Rejection Letter.
Very truly yours,
CARL WARREN & Co.
~~
Pat Tumbarello, AlC, CPCU
~~o/ P.O.BoxSSO '
.~~ 214 EMt Branch Street
Arroyo Grande, CA 93421
Phone: (105) 473-5414
ADMINISTRATIVE SERVICES F AX: (105) 473-G3M
, E-M.n:...clty@lUTCty....ande.o...
August23,2000
~Dora Esrey
535 Traffic WaY,#32
Arroyo Grande CA 93420
REJECTION .oF CLAIM PRESENTED WITHIN SIX MpNTHS
Dear Ms. Esrey:
, ,
, Notice is hereby given that the ,claim you presented to the City Council of the City
of Arroyo Grande on April 3, 2000 was rejected on August 22,2000." .
WARNING
'Subject to certain exceptions, you have' only six (6) months from the date this
notice was personally delivered or deposited in the United States mail to ,file a
, Court Action in a Municipal or a Superior'Court of the State of Californi~ on this
, claim (See Government Code Section 945.6).
You may seek the advice of an attorney of your choice in connection ,with this
matter. If you desire to consult an attorney, you should do so immediately.
Kelly Wetmore
Director of Administrative Services
c: Interim City Manager"
City Attorney
Director of Public Works
Carl Warren & Co.
.
....
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBUC WORKS/CITY ENGINEER 0'%
SUBJECT: FAIR OAKS AVENUElTALL Y HO ROAD OVERLAY PROJECT
PROJECT NO. 2000-3 - PROGRESS PAYMENT NO.1
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council authorize Progress Payment No. 1 in the amount of
$143,973.63 to R. Burke Corporation for the Fair Oaks AvenuelTally Ho Road Overlay,
capital improvement project.
FUNDING:
On June 27, 2000, the Council awarded a construction contract for the Fair Oaks
AvenuelTally Ho Road Overlay Project, to R. Burke Corporation in the amount of
$599,559 and authorized a contingency of $142,591 to be used for unanticipated costs
during the construction phase of the project ($742,150 total available funding).
DISCUSSION:
The City received an application for Progress Payment No. 1 from R. Burke Corporation
for work completed between July 17, 2000 and August 11, 2000. Staff has reviewed the
application and has determined that the amount requested is in conformance with the
quantity of work completed as of August 11, 2000. Progress Payment No. 1 is in the
amount of $159,970.70 of which $15,997.07 will be held in retention until the project is
completed in accordance with the project specifications.
Attachment:
Application for Progress Payment No. 1
C Lt"y of
Ayyoy&GY~ Public Works Department
Application for Progress Payment
Contract Name: Fair Ooles Avenue, Volley Rood ond Tolly Ho Rood
Contract No: 2000-02
Progress Payment No: 1
City Account No: 350-5630-7001 (57%) - $82,064.97
350-5631-7001 (43%) - $61,908.66
Payment Date: 08;22/00
Bid Estimate Amended Estimate Pay to Date
Bid Un~ Un~ Un~ Percent
Item Unit Descriotion Qtv Price Amount Qtv Price Amount Otv Price Amount Comolete
Gen.....1 RlIOuirements
1 LS Mobilization Allowance 1 s 5000.00 $ 5 000.00 11 !I: 5000.00 .. 5000.00 1.00 !I: 5ooo.M S 5000.00 100%
2 LS Trallic Control 1 $ 7 500.00 s 7 500.00 1 $ 7 500.00 $ 7 500.00 0.7~ .~. 7 MII.OO s 5625.00 75%
3 LS Trench Sheetino Shorina or Bracina 1 $ 600.00 s 600.00 1 S 600.00 $ 600.00 1.00 s 600.00 S 600.00 100%
4 LS Construction Survey 1 $ 1 400.00 $ 1 400.00 1 s 1 400.00 s 1 400.00 O.SO s 1 400.00 S 700.00 50%
SURFACE IMPROVEMENTS
5 LS Grindina Pavement 1 !I: 19500.00 !I: 19500.00 1 S 19500.00 S 19500.00 1.00 !I: 195OO.M s 19500.00 100%
6 SF A.C Pitch Reoair 3630 $ 3.40 $ 12342.00 3630 $ 3.40 ;t 12342.00 7793 t: 3.40 S 26 496.20 215%
7 TON Class B Asohalt Concrete 2300 $ 50.00 s 115000.00 2300 $ 50.00 !I: 115000.00 n s SO.OO $ - 0%
8 LF Concrete Curb and Gutter 742 $ 21.00 $ 15582.00 742 $ 21.00 $ 15582.00 721 s 21.00 S 15141.00 97%
9 EA Concrete Cross Gutter and Soandrels 2 $ 4800.00 $ 9 600.00 2 $ 4 800.00 !I: 9 600.00 2 ";t 4 800.00 s 9600.00 100%
10 EA Wheelchair Ramo 10 $ 1 380.00 $ 13800.00 10 !I: 1 380.00 .~ 13800.00 8 s 1 380.00 S 8280.00 60%
11 SF Drivewav Ramo 726 S 6.00 S 4356.00 726 $ 6.00 !I: 4 356.00 780 s 8.00 S 4 680.00 107%
12 EA Conduits for Trallic Sianals 1 $ 15000.00 s 15000.00 1 $ 15000.00 $ 15000.00 1 s 15000.00 s 13500.00 90%
13 SF Concrete Sidewalk 850 $ 4.30 S 3655.00 850 $ 4.30 S 3655.00 953 !I: 4.30 S 4 097.90 112%
14 LS Reolace Frames and Covers 1 $ 8000.00 $ 8 000.00 1 $ 8000.00 $ 8000.00 0.00 s 8000.00 S - 0%
15 LS Pavement Delineation 1 $ 5800.00 $ 5 800.00 1 !I: 5800.00 !I: 5800.00 0.00 s 5800.00 S - 0%
16 LF Curb Pain tin a 12-Coats\ 300 $ 0.90 s 270.00 300 s 0.90 !I: 270.00 o s 0.90 S - 0%
UTILITIES
17 I LS I Reolace Trallic Sianal Looos I 11 $ 11 500.00 $ 11 500.00 11 $ 11500.00 $ 11 500.00 T 0.00T;t 11 500.00 I s - I 0%
STORM DRAIN IMPROVEMENTS
18 LF 18" HOPE Storm Drain Pioe 38 $ 83.00 S 3154.00 38 $ 83.00 $ 3 154.00 38 s 83.00 S 3154.00 100%
19 LF 24" HOPE Storm Drain pine 62 $ 120.00 $ 7 440.00 62 S 120.00 S 7440.00 o s 120.00 s - 0%
20 EA Storm Drain Manhole 1 $ 3 400.00 $ 3 400.00 1 $ 3 400.00 $ 3 400.00 0.9 '" 3 400.00 S 3 060.00 90%
21 LF French Drain - Incl. Pioe Filter and Backfill o S - $ - $ - ";t " S -
22 EA Storm Drain Drop Inle~ 1 $ 5,400.00 $ 5,400.00 1 $ 5,400.00 $ 5,400.00 1 $ 5,400.00 $ 5,400.00 100%
Per Detail Al18 W= 7ft
23 EA Storm Drain Drop Inle~ 1 $ 8,800.00 $ 8,800.00 1 $ 8,800.00 $ 8,800.00 1 $ 8,800.00 $ 8,800.00 100%
Per Detail 8/18 W= 14ft
24 LS Removal and Disoosal of Ex. SO Facilities 1 $ 2000.00 $ 2000.00 1 $ 2000.00 $ 2000.00 O.SO: S 2000.00 $ 1 000.00 50%
SUBTOTAL BID. PHASE I $ 279 099.00 !I: 279099.00 $ 134 634.10
PHASE II . -
GENERAL REQUIREMENTS .
25 LS I Mobilization Allowance I 11 $ 2000.00 I s 2000.00 I 11 $ 2000.00 I s 2000.00 I 1.00Ti ~000.00 s 2000.00 I 100%
26 LS ITrallic Control I 11 $ 1 900.00 I $ 1 900.00 I 11 $ 1 900.00 I !I: 1 900.00 I 0.75T~ 1 900.00 S 1 425.00 I 75%
27 LS I Construction Survey 11 !I: 900.00 I $ 900.00 I 11 $ 900.00 I '" 900.00 I 0.801 s . 900.00 S 720.00 I 80%
SURFACE IMPROVEMENTS
28 LS Grindina Plvement 11 s 6 500.00 $ 6500.00 1 s 6 500.00 $ 6 500.00 1.00 I", 6500.00 Is 6500.00 100%
29 SF A.C Patch Reoair 8800 $ 2.65 $ 23 320.00 8800 $ 2.65 Is 23 320.00 5544 Ii ?65 Is 14691.60 63%
30 TON Class B Asohalt Concrete 700 $ 54.00 I", 37800.00 700 $ 54.00 $ 37800.00 ols 54.00 Is " 0%
31 LS Reolace Frames and Covers 1 S 1 200.00 $ 1 200.00 1 s 1 200.00 Is 1 200.00 0.00 I s 1 '200.00 Is " 0%
32 LS Pavement Delineation 1 s 2 800.00 $ 2 800.00 1 S 2 800.00 $ 2 800.00 0.00 I '" 2 800.00 is - 0%
33 LF Curb Paintina /2-Coatsl 400 $ 0.80 $ 320.00 400 $ 0.80 $ 320.00 o $ 0.80 $ " 0%
SUBTOTAL BID" PHASE II Is 76740.00 $ 76740.00 Is 25 336.60
PHASE III
GENERAL REQUIREMENTS
34 LS Mobilization Allowance 1 $ 5000.00 s 5 000.00 1 S 5000.00 I", 5 000.00 0.00 s 5000.00 S " 0%
35 LS Trallic Control 1 $ 4000.00 $ 4 000.00 1 $ 4 000.00 I", 4000.00 0.00 s 4000.00 s - 0%
36 LS Trench Sheetina. Shorina or Bracinn 1 S 500.00 s 500.00 1 $ 500.00 I !I: 500.00 0.00 '" 5OO.M '" " 0%
37 LS Construction Survey 1 s 2 700.00 $ 2 700.00 1 $ 2700.00 Is 2700.00 0.00 "';t 2 700.00 S - 0%
SURFACE IMPROVEMENTS
38 LS Grindina Pavement 1 $ 19500.00 $ 19500.00 11 !I: 19500.00 $ 19500.00 0.00 . s 19 500.00 s - 0%
39 SF A.C Patch Reoair 5275 $ 3.60 s 18990.00 5275 $ 3.60 $ 18990.00 o !I: 3.60 s - 0%
40 TON Class B Asohalt Concrete 2600 $ 50.00 s 130 000.00 2600 $ 50.00 !I: 130 000.00 os 50.00 S - 0%
41 IF Concrete Curb and Gutter 60 $ 25.00 $ 1 500.00 60 $ 25.00 I !I: 1 500.00 o s 25.00 S - 0%
42 SF Drivewav Ramo 240 $ 7.00 $ 1 680.00 240 S 7.00 $ 1 680.00 ols 7.00 s - 0%
Bid Estimate Amended Estimate Pavto Date
Bid Unit Unit Un~ Percent
Rem Unit Descriotion Qtv Price Amount 0Iv Price Amount 0Iv Price Amount Comolete
43 LF As"halt Concrete Dike 70 $ 7.00 iii 490.00 70 $ 7.00 iii 490.00 o iii 7.00 $ . 0%
44 LS Re"lace Frames and Covers 1 !I: 6 000.00 !I: 6 000.00 1 iii 6 000.00 iii 6 000.00 0.00 1 iii snnnoo !t 0%
45 LS Pavement Delineation 1 $ 3000.00 iii 3 000.00 1 $ 3000.00 $ 3000.00 01 iii 3000.00 iii - O"k
48 LF Curb Paintinn '2-Coats1 450 $ 0.80 iii 380.00 450 !I: 0.80 iii 380.00 01 $ 0.80 iii - 0%
STORM DRAIN IMPROVEMENTS
47 1 LS ICulvert Svstem 1 11 $ 49 000.00 !t 49000.00 11 iii 49 000.00 $ 49000.00 0.001 $ 49 000.00 !t . 0%
48 I EA IAsohaR Concrete Overside Drain 1 21 $ 500.00 $ 1 000.00 21 $ 500.00 iii 1 000.00 01$ 500.00 $ - 0%
SUBTOTAL BID. PHASE III $ 243,720.00 $ 243 720.00 $ .
TOTAL CONSTRUCTION COST. PHASE I,ll & III $599,559.00 $599,559.00 $ 159,970.70
C&1!,{~ B--1 -00
~,\y Date
aA>8h () Pay to Date $ 159,970.70
Retention $ 15,997.07
Date Previous Payments $
Previous Retention $ -
This Payment $ 143,973.63
This Retention $ 15,997.07
Date
Contract Start Date: 7{13{00
yrJ- Original Contract Days: 75
Adjusted Contract Days: 0
Da Adjusted Contract End Date: 10{26{00
Sail P'!Y'*Rf to:
R. Burke C"'l"'ration
PO Box 957
San Luis Obispo. CA 93406
8.f.
. MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER I&r
SUBJECT: REJECT ALL BIDS AND AUTHORIZE THE RE-ADVERTlSEMENT OF
THE CREEKSIDE PEDESTRIAN PATH, PHASE 2 PROJECT, PROJECT
NO. 2000-3
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council:
A. reject all bids for the Creekside Pedestrian Path, Phase 2 Project; and
B. authorize the re-advertisement of the Creekside Pedestrian Path, Phase 2
Project for construction bids.
FUNDING:
The City was successful in securing $250,000 of Federal Transportation Enhancement
Activity (TEA) and $62,500 of Urban State Highway Account (USHA) funds for the
Scenic Walk Through the Historic Village of Arroyo Grande, Phase 2 capital
improvement project.
DISCUSSION:
On July 25, 2000, the City opened bids on the Creekside Pedestrian Path, Phase 2
project. The City received two bids in the amount $243,613.91 and $341,748.00. It has
been determined that the apparent low bidder, Voss Construction, submitted a non-
responsive bid, since they do not hold the appropriate contractor's license in
accordance with the projects specifications. A Contractor must hold the appropriate
license at the time of award of the project.
The second bidder is considerably higher than the engineer's estimate of $241,000 and
it is recommended that the project be re-bid. Changes have also be8n made to the
plans and specifications, in order to allow additional .bidders to submit bids on the
project. The project will be advertised for a period of 30 days.
The contract time for this project is 60 calendar days. Work is expected to begin in
early November and be completed near the beginning of January 2001.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendations;
. Do not approve staff's recommendations;
. Modify staff's recommendations as appropriate and approve;
. Provide direction to staff.
Attachment:
Project schedule
..
f{d+oJ~ri~
Tentative Project Schedule
For
Creekside Pedestrian Path, Phase 2
(City Project No. 2000-3)
1 st Notice to Bidders ... ... ... ... ... ... ... ... ... ... ... ... ... . . . . .. August 25, 2000
2nd Notice to Bidders ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... September 1, 2000
Bid Opening (Tuesday, 2:00 pm).............................. September 26, 2000
Award of Bid ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... . October 10, 2000
Notice of Award ............................................. ........ October 13, 2000
Notice to Proceed ........................... .................. ..... November 3, 2000
Contract Completion (60 days) ............................... January 2, 2001
9.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER &
SUBJECT: PUBLIC WORKS FEES AND SERVICE CHARGES
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution approving the 2000-01
Public Works Field Division Fee and Service Charges.
FUNDING:
Services provided to other public agencies are charged in accordance with the attached
fee schedule. Last year these fees and service charges generated approximately $35,000.
Historically, the fees and service charges generate approximately $18,000 per year.
DISCUSSION: .-
Attached is the updated Schedule of Fees and Service Charges for the Public Works
Department to assist other public agencies and for cost recovery to damaged or vandalized
City property that may occur during the fiscal year.
The Public Works Department provides assistance to public agencies on a non-priority
basis. City work is scheduled ahead of the work performed for other agencies, unless the
request is a result of an emergency.
These fees and charges include the City's indirect cost as set forth in the City's adopted
Cost Allocation Plan. This year the indirect cost rate and medical, dental, and vision costs
decreased, but the average salary of Maintenance Workers in the Public Works
Department increased. This occurred because of cost of living increases for Maintenance
Workers and three (3) Maintenance Worker I positions being promoted to Maintenance
Worker II. These factors raised the average cost per hour to $30.00 and the overtime rate
to $38.50. Equipment cost per hour generally stayed the same; however, rates for five (5)
pieces of equipment were raised, including the concrete/asphalt grinder, air compressor,
dump truck, service trucks, and the 6" trash pump.
---..-------------------
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation;
- Do not approve staff's recommendation;
- Modify as appropriate and approve staff's recommendation; or
- Provide direction to staff.
Attachment: Resolution
-~-._~---
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE FOR ESTABLISHING SPECIFIED FEES
FOR PUBLIC WORKS FIELD SERVICES
WHEREAS, the City Council has established fees for services furnished by, or on behalf
of the City of Arroyo Grande; and
WHEREAS, due to the effects of inflation and other factors, some of said fees are no
longer adequate to equitably compensate the City for the costs of providing certain field
services; and.
WHEREAS, the City wishes to recover the cost of field services furnished by the City; and
WHEREAS, the City Council has duly considered, at a regularly scheduled public meeting,
the question of VJhether to increase or establish fees for such services based on the
estimated amount that is required to compensate the City for providing such services; and
WHEREAS, at said meeting the City Council has duly considered all oral and written
presentations that were made in respect to the proposed fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the' City of Arroyo Grande
as follows: the schedule of fees entitled "CITY OF ARROYO GRANDE PUBLIC WORKS
DEPARTMENT FIELD DIVISION, FEE AND SERVICE CHARGES" attached hereto as
Exhibit "A" and incorporated herein is hereby approved and adopted.
On motion of Council Member I seconded by Council Member ,
. and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of August 2000.
--------~-~,--_.._--_.__..._--_... -----_._- -----...-
RESOLUTION NO.
Page 2
MICHAEL A. LADY, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~f?~
RICK TerB CH, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
----_._-~~----------,.-._---_..._-- -'--
Exhibit "A"
PUBLIC WORKS DEPARTMENT
Field Division
Fee and Service Charges
August 2000
LABOR COSTS:
Computed = (monthly wage x 12 months + 26 periods + 80 hours = hourly wage)
Hourly wage x 24% (fringe benefits) + $3.25 (medical, dental, vision) = direct labor
cost per hour + 18.84% indirect cost rate = billing rate
DURING WORK HOURS
Average Cost = $30.00 per hour
DURING AFTER HOURS: (1.5 x hourly wage rate) less benefits
Average Cost = $38.50
MINIMUM CALL-OUT RATE: (2 hours at 1.5 hourly wage rate)
EQUIPMENT COST
Pickup Trucks - $8.00 per hour Service Trucks - $30.00 Backhoe - $30.00 per hour
. per hour
.PW-4 PW-34 PW-45
PW-16 PW-40 PW-32 PW-41
PW-24 PW-42 PW-33 PW-52
PW-29 PW-44 PW-36 PW-9 PW-1
CAT Generator .: Loader - $50.00 per hour 6" Pump - $16.00 per hour
$75.00 per hour
PW-282 PW-38 PW-140
Dump/Flat Bed Truck Crack Sealer - $35.00 per hour Sewer Vacuum/Jet Truck
5-7 yards $35.00 per hour $90.00 per hour
-
PW-19 PW-27 PW-50 PW-249 PW-51
Paver - $55.00 per hour Grader - $50.00 per hour Chipper - $35.00 per hour
PW-46 PW-14 PW-111
Paint Striper - $60.00 per hour Concrete Saw - $11.00 per hour. Air Compressor
$14.00 per hour
PW-47 PW-103 PW-243
Grinder - $24.00 per hour 5-Ton Roller - $21.00 per hour
PW-154 PW-12
MATERIAL COST: (cost plus tax)
Concrete - $68.00 yard Class II Base - $10.00 ton
Sand - $5.00 ton A/C - $28.50 ton
---...--
9.h.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: RICK TerBORCH, INTERIM CITY MANAGER
SUBJECT: APPROVAL OF COMPENSATION ADJUSTMENTS AND
CLASSIFICA TIONITITLE CHANGES FOR MANAGEMENT
EMPLOYEES
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution approving
compensation adjustments and classification/title changes for Management employees.
FUNDING:
There is a General Fund impact of approximately $81,700. This cost increase will be
addressed in the First Quarter Budget Report.
DISCUSSION:
This Management compensation proposal for FY 2000-01 consists of two (2) elements.
The first element is a "Cost of Living Adjustment" (COLA) which affects all 22
employees in the Management classification. The second element consists of salary
range adjustments for those positions with salary ranges determined to be inequitable
with those salary ranges of comparative employees in the six (6) other municipalities in
San Luis Obispo County. The total Management package represents a 6.22% increase
over current budgeted funds for Management compensation.
The proposed COLA Adjustment for the 22 Management employees is 2.9%. This is in
line with the current Consumer Price Index (CPI) for the Los Angeles area which, as of
June 2000, is 3.3%.
The second issue involves an equity study to determine if current salary ranges paid to
Management positions are competitive within the current market based on comparative
cities. On February 8, 2000, the City Council directed staff to update the City's
compensation study based upon the existing criteria, which was previously adopted by
the City Council on December 9, 1997. The City Council subsequently designated the
comparative cities as those municipalities within San Luis Obispo County. Based
thereon, the study indicated that 14 position classifications involving 15 employees are
in need of equity adjustments. These positions are:
CITY COUNCIL
APPROVAL OF COMPENSATION ADJUSTMENTS AND CLASSIFICATIONITITLE
CHANGES FOR MANAGEMENT EMPLOYEES
AUGUST 22, 2000
PAGE 2
SALARY RANGE
CURRENT PROPOSED
Assistant Planner M-31 M-32
Associate Planner M-35 M-36
Executive Assistant to City Manager M-27 M-38
Chief Building Inspector M-38 M-45
Administrative Services Director M-39 M-46
Human Resources Manager M-33 M-47
Police Commander M-49 M-51
Economic Development Director M-47 M-53
Parks, Recreation and Facilities
Director M-50 M-57
Financial Services Director M-52 M-57
Director of Building and Fire M-54 M-58
Community Development Director M-56 M-58
Public Works Director M-56 M-58
Chief of Police M-57 M-61
Implementation of these salary adjustments will take a minimum of two (2) years. The
first year cost is a total of $81,700, including the 2.9% COLA. The implementation
involves, in addition to the COLA which will be received by all 22 Management
employees, each of the 14 designated positions receiving up to a five percent (5%)
salary adjustment. Any additional increases will be granted as part of an affected
employee's annual performance review. The exceptions are: 1) the Director of Parks,
Recreation and Facilities will receive an additional five percent (5%) increase in salary
due to his increased responsibilities as a result of Government Buildings being
transferred to his department; and 2) the Director of Administrative Services and the
Human Resources Manager (formerly Management Assistant/Personnel) will receive
the minimum salary for their new salary ranges.
As mentioned in the previous paragraph, there are two positions for which
classification/title changes are proposed. The first involves the title for Director of Parks
and Recreation to be changed to Director of Parks, Recreation and Facilities, Facilities
reflecting the additional responsibility for Government Buildings/Facilities. The second
involves the title for the Management Assistant (Personnel) to be changed to Human
Resources Manager, thereby reflecting her true duties and responsibilities.
The attached resolution is intended to comprehensively set forth all City Management
classifications, titles, salary ranges, and compensation in order to clarify and reconcile
previous Council actions, resolutions, and orders regarding these issues. There are no
changes to the current Management benefit package.
_ _______...---..0'
CITY COUNCIL
APPROVAL OF COMPENSATION ADJUSTMENTS AND CLASSIFICATIONITITLE
CHANGES FOR MANAGEMENT EMPLOYEES
AUGUST 22, 2000
PAGE 3
ALTERNATIVES:
The following alternatives are presented for the Council's consideration:
- Adopt the attached Resolution;
- Modify as appropriate and adopt the attached Resolution;
- Do not approve the attached Resolution; or
- Provide direction to staff.
Attachment:
1. Resolution.
--'_._.._'-'-~,_,_--
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A COMPENSATION
PROGRAM FOR MANAGEMENT EMPLOYEES FOR FISCAL
YEAR 2000-01
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City that compensation for Management employees be fixed as
hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. The following Management classifications shall be changed as indicated:
Current ClassificationlTitle New ClassificationlTitle
Director of Parks and Recreation Director of Parks, Recreation and
Facilities
Management Assistant (Personnel) Human Resources Manager
2. The following Management employees shall receive a salary Cost of Living
Adjustment (COLA) of 2.9%:
POSITION RANGE MINIMUM MID-POINT MAXIMUM
Office Assistant I M-14 $ 1,976 $ 2,178 $ 2,402
Office Assistant II M-18 2,180 2,405 2,652
Administrative Secretary M-22 2,408 2,655 2,926
Executive Secretary M-27 2,725 3,005 3,311
Assistant City Engineer M-47 4,466 4,924 5,428
3. The following Management classifications shall receive a salary Cost of Living
Adjustment (COLA) of 2.9% and, in order to correct inequities determined by an
analysis of relevant market conditions, shall have their respective salary ranges
modified as follows:
POSITION RANGE MINIMUM MID-POINT MAXIMUM
Assistant Planner M-32 $ 3,083 $ 3,399 $ 3,747
Associate Planner M-36 3,403 3,752 4,136
Executive Assistant M-38 3,575 3,941 4,345
Chief Building Inspector M-45 4,251 4,686 5,166
Administrative Services Dir. M-46 4,357 4,803 5,295
Human Resources Mgr. M-47 4,466 4,924 5,428
Police Commander M-51 4,929 5,434 5,993
Economic Dev. Dir. M-53 5,180 5,711 6,296
- -_._._-~_._-
RESOLUTION NO.
PAGE 2
POSITION RANGE MINIMUM MID-POINT MAXIMUM
Parks, Recreation and
Facilities Dir. M-57 $ 5,718 $ 6,305 $ 6,951
Financial Services Dir. M-57 5,718 6,305 6,951
Director of Building & Fire M-58 5,862 6,463 7,125
Community Dev. Dir. M-58 5,862 6,463 7,125
Public Works Dir. M-58 5,862 6,463 7,125 .
Chief of Police M-61 6,313 6,960 7,673
4. Management employees in those classifications listed in No. 3 above, shall
either: (a) receive, in addition to the COLA Adjustment, a maximum of a five
percent (5%) increase in salary; or (b) a salary increase to the minimum salary
for the employee's respective salary range, whichever is greater. The Director of
Parks, Recreation and Facilities shall receive an additional five percent (5%)
increase in salary.
5. The terms of this Resolution shall be effective as of July 1, 2000. .
6. All other Management employee salary and benefit terms and conditions remain
in full force and effect.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2000.
RESOLUTION NO.
PAGE 3
MICHAEL A. LADY, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~
RICK TerBORCH, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
9.i.
MEMORANDUM
TO: CITY COUNCIUREDEVELOPMENT AGENCY
FROM: DIANE K. SHEELEY, ECONOMIC DEVELOPMENT DIRECTOR Qtc.S
SUBJECT: SAN LUIS OBISPO COUNTY VISITORS & CONFERENCE BUREAU
AGREEMENT
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the .city Council/Redevelopment Agency approve the San Luis
Obispo County Visitors & Conference Bureau (SLOCVCB) Agreement.
FUNDING:
The Redevelopment Agency will provide the $6,500 funding for the SLOCVCB
Agreement.
DISCUSSION:
The incorporated cities of SLO County have agreed to participate in and support the
regional tourism effort of the SLOCVCB. "The mission of the SLOCVCB is to promote
the county's economic opportunities through its primary industry - tourism." At the
June 27th City Council meeting, Council appointed the Economic Development Director
to represent the City of Arroyo Grande on the SLOCVCB Board of Directors.
The City's recently adopted Economic Development Strategy includes a section on
tourism. Specifically, one of the goals is "to become an active participant in the San
Luis Obispo Countywide tourism programs."
The SLOCVCB will more aggressively advertise and promote the region as a travel
. destination to increase tourism on the Central Coast. The City's funds will permit the
SLOCVCB to expand their outreach throughout the state and nation. The SlOCVCB
has agreed to provide these services and more pursuant to the attached SLOCVCB
Agreement (Attachment 1) and the Description of Services attached thereto
(Attachment 2).
City Council/Redevelopment Agency
SLOCVCB Agreement
August22,2000
Page 2
Alternatives
The following alternatives are provided for the Council's/Redevelopment Agency's
consideration:
1. Approve the SLOCVCB Agreement;
2. Modify and approve the SLOCVCB Agreement;
3. Reject the SLOCVCB Agreement;
4. Provide direction to staff.
Attachments:
1. SLOCVCB Agreement
2. Description of Services - Exhibit "A"
Attachment 1
SAN LUIS OBISPO COUNTY VISITORS
& CONFERENCE BUREAU AGREEMENT
This Agreement is made upon the date of execution, as set forth below, by and between SAN
LUIS OBISPO COUNTY VISITORS & CONFERENCE BUREAU, a California non-profit
organization (hereinafter referred to as "SLOCVCB"), and the CITY OF ARROYO GRANDE, a
Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration of
the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERMS: This Agreement will become effective on the date of execution set forth
. below and shall continue in effect until June 30, 2001. This Agreement may be renewed each year
hereafter, for periods of one year, commencing July 1 through June 30 of the succeeding year, by
action of the City Council/Redevelopment Agency and SLOCVCB's acceptance of said renewal.
1.02 SERVICES TO BE PERFORMED BY SLOCVCB: SLOCVCB agrees to
perform or provide the services specified in "Description of Services" attached hereto as Exhibit "A"
and incorporated herein by this reference.
SLOCVCB shall determine the method, details and means of performing the
above-referenced services.
SLOCVCB may, at SLOCVCB's own expense, employ such assistants as SLOCVCB
deems necessary to perform the services required ofSLOCVCB by this Agreem(mt. CITY may not
control, direct or supervise SLOCVCB's assistants or employees in the performance of those
servIces.
1.03 COMPENSATION: In consideration for the services to be performed by
SLOCVCB, CITY agrees to pay SLOCVCB $6,500 payable in two (2) equal bi-annual installments
of$3,250.
2.00 OBLIGATIONS OF SLOCVCB
2.01 MINIMUM AMOUNT OF SERVICE BY SLOCVCB: SLOCVCB agrees to
devote the hours necessary to perform the services set forth in this Agreement in an efficient and
effective manner. SLOCVCB may represent, perform services for and be employed by additional
individuals or entities, in SLOCVCB'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 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS:
CITY and SLOCVCB intend and agree that SLOCVCB is an independent contractor of CITY and
agrees that SLOCVCB and SLOCVCB's employees and agents have no right to CITY Workers'
1
Compensation and other employee benefits. If any worker insurance protection is desired,
SLOCVCB agrees to provide Workers' Compensation and other employee benefits, where required
by law, for SLOCVCB's employees and agents SLOCVCB agrees to hold hannless and indemnify
CITY from any and all liability, cost, or damage arising out of any claim for injury, disability, or
death of SLOCVCB and SLOCVCB's employees or agents.
2.03 INDEMNIFICATION: SLOCVCB hereby agrees to, and shall, hold CITY, its
elective and appointive boards, officers, agents and employees, hannless 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 SLOCVCB's or any ofSLOCVCB's employees' or agents' operations under
this Agreement, whether such operations be by SLOCVCB or by anyone or more persons directly or
indirectly employed by, or acting as agent for, SLOCVCB provided as follows:
a. That CITY does not, and shall not, waive any rights against SLOCVCB
which it may have by reason ofthe aforesaid hold-hannless agreement, because of the acceptance by
CITY, or the deposit with CITY by SLOCVCB, of any of the insurance policies hereinafter
described.
b. That the aforesaid hold-hannless agreement by SLOCVCB 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 ofSLOCVCB or any agent or employee ofSLOCVCB regardless
of whether or not such insurance policies shall have been detennined to be applicable to any of such
damages or claims for damages.
2.04 INSURANCE: SLOCVCB shall not commence work under this Agreement until it
has obtained all insurance required under this section and such insurance shall have been approved
by CITY as to fonn, amount and carrier:
a. Public Liability and Property Damage Insurance. SLOCVCB shall take out
and maintain during the life of this Agreement such public liability and property damage insurance as
shall protect CITY, its elective and appointive boards, officers, agents and employees, and
SLOCVCB and any agents and employees perfonning work covered by this Agreement from claims
for damages for personal injury, including death, as well as from claims for property damage which
may arise from SLOCVCB's or any SLOCVCB's operations under this Agreement, whether such
operations be by SLOCVCB or by anyone directly or indirectly employed by SLOCVCB and the
amounts of such insurance shall be as follows:
(1) Public Liability Insurance. In an amount not less than (One Million
Dollars ($1,000,000) for injuries, including, but not limited to, death to anyone person and, subject
to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000) on
account of anyone occurrence:
(2) Property Damage Insurance. In an amount of not less than One
Million Dollars ($1,000,000) for damage to the property of each person on account of anyone
occurrence.
b. Comprehensive Automobile Liability. Bodily injury liability coverage of One
Million Dollars ($1,000,000) for each person in anyone acciaent and for injuries sustained by two or
2
more persons in anyone accident. Property damage liability of One Million Dollars ($1,000,000) for
each accident.
c. Workers' Compensation Insurance. In the amounts required by law as ~et
forth in Section 2.02 above.
d. Proof of Insurance. SLOCVCB shall furnish CITY, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal
assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of
any policy during the effective period of this Agreement. The certificate or policy of liability of
insurance shall name CITY as an additional insured with SLOCVCB.
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: CITY agrees to comply with all reasonable requests of
SLOCVCB necessary to the performance of SLOCVCB's duties under this Agreement.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION OF NOTICE. Notwithstanding any other provision of
this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving
at least thirty- (30) days' prior written notice to the other party to this Agreement.
4.02 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. The end of the 30 days as set forth in Section 4.01;
c. June 30, 2001, unless extended per Section 1.01, above.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF SLOCVCB: 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.
5.00 MISCELLANEOUS
5.01 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.
5.02 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.
5.03 ASSIGNMENT: This Agreement is specifically not assignable by SLOCVCB to
any person or entity. Any assignment or attempt to assign by SLOCVCB, whether it be voluntary or
3
involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement
giving rise to a right to tenninate as set forth in Section 4.03.
5.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the
parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party
shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for
attorney fees.
5.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this
Agreement, should the perfonnance of any act required by this Agreement to be perfonned 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
perfonn the act, the time for perfonnance of the act will be extended for a period of time equivalent
to the period of delay and perfonnance 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 perfonnance of any act rendered difficult or impossible
solely because of the financial condition ofthe party required to perfonn the act.
.5.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or
other communications required or pennitted 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: Diane K. Sheeley
Economic Development Director
City of Arroyo Grande
P.O. Box 550 - 215 E. Branch Street
Arroyo Grande, CA 93421-0550
SLOCVCB: Jonni S. Biaggini
Executive Director
SLO County Visitors & Conference Bureau
1037 Mill Street
San Luis Obispo, CA 93401
5.07 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 ofthis Agreement or any decision or holding concerning this Agreement arises.
. 5.08 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.
4
5.09 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.
5.10 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and
entire agreement between the parties with respect to the subject matter hereof. This Agreement
correctly sets forth the obligations ofthe parties hereto to each other as of the date of this Agreement.
All agreements or representations respecting the subject matter ofthis Agreement not expressly set
forth or referred to in this Agreement are null and void.
5.11 TIME: Time is expressly declared to be ofthe essence of this Agreement.
5.12 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.
5.13 AMENDMENTS: Amendments to this Agreement shall be in writing and shall be
made only with the mutual written consent of all ofthe parties to this Agreement.
.
5
"^...._~
Executed on August_, 2000 at Arroyo Grande, California.
CITY OF ARROYO GRANDE
By:
Michael A. Lady, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative
Services/Deputy City Clerk
SAN LUIS OBISPO COUNTY VISITORS
& CO FERENCE BUREAU
S .
By
Charlie Yates, Pre
SLO County Visito
APPROVED AS TO FORM:
By:
Timothy J. Carmel, City Attorney
councilagendaitems/vcbagreement.doc
6
_____..._...._'.n_ - -- - "-------,-' _._.._-_.~---_..-
Attachment 2
San Luis Obispo County Visitors &
Conference Bureau Agreement
Description of Services
Exhibit "A"
The San Luis Obispo County Visitors & Conference Bureau shall provide regional
tourism services and activities that shall include, but not be lim!ted to, the following:
1. Assuring strong communication and compatibility with City goals and policies;
coordinate all City related tourism activities consistent with a protocol
satisfactory to the City's Economic Development Director.
2. Developing direct sales efforts to attract leisure, group business, and
conferences. Major markets would include, but not be .limited to, Los
Angeles, San Francisco, Sacramento, Bakersfield, and Fresno.
3. Providing leads for potential conferences with individual properties including
the South County Regional Center, the Arroyo Grande Woman's Club
Community Center, and the South County Performing Arts Center (Clark
Center).
4. Developing and distributing countywide promotional materials, including
Arroyo Grande's promotional materials, to be used in the marketing program.
5. Submitting biannual reports on the progress of the SLOCOVCB to the City's
Economic Development Director. Reports will contain information from the
most recent time period as well as anticipated future activities, including a
detailed breakdown of activities that specifically benefit the City of Arroyo
Grande.
6. Acting as the County Film Commission to attract film business to the area.
11...
MEMORANDUM
TO: CITY COUNCIL
FROM: RICK TerBORCH. INTERIM CITY MANAGER~
SUBJECT: ORDINANCE RELATING TO THE REGULATION OF THE SALE AND
DISTRIBUTION OF TOBACCO PRODUCTS
DATE: AUGUST 22, 2000 ~
RECOMMENDATION:
It is recommended the City Council introduce for first reading the attached ordinance
entitled "Regulation of the Sale and Distribution of Tobacco Products."
FUNDING:
There is no fiscal impact.
DISCUSSION:
On July 25, 2000, the Public Health Department of the County of San Luis Obispo
("Health Department") presented the Council with information regarding the sale of
tobacco products to minors. Health Department representatives distributed a model
ordinance and related materials regarding this issue and urged the Council to consider
adoption of such an ordinance. At the conclusion of the presentation, the Council
directed staff to return with such an ordinance for consideration. A proposed
ordinance, using the Health Department's model, is attached.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation;
- Do not approve staff's recommendation;
- Modify staff's recommendation as appropriate and approve; or
- Provide direction to staff.
Attachment:
1 . Proposed ordinance.
- -
ORDINANCE NO. C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADDING CHAPTER 16 OF TITLE 5 OF THE ARROYO GRANDE
MUNICIPAL CODE ENTITLED "REGULATION OF THE SALE AND
DISTRIBUTION OF TOBACCO PRODUCTS"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Chapter 16, Title 5 is hereby added to read
as follows:
Chapter 16
REGULATION OF THE SALE AND
DISTRIBUTION OF TOBACCO PRODUCTS
SECTIONS:
5-16.01 Posting of Signs.
5-16.02 Sales to Minors.
5-16.03 Self-Service Sales of Tobacco.
5-16.04 Out of Package Sales.
5-16.05 Violation - Penalty.
Section 5-16.01 Posting of Signs.
Any person, business, tobacco retailer, or other establishment subject to this
chapter shall post plainly visible signs at the point of purchase of tobacco
products that state:
"SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW,
PHOTO J.D. REQUIRED."
The letters of said signs must be at least one-half inch (~") high.
,---.-.-.--.----.--------
,
ORDINANCE NO. C.S.
PAGE 2
Section 5-16.02 Sales to Minors.
No person, business, tobacco retailer, or owner, manager, or operator of any
establishment subject to this chapter shall sell, offer to sell or permit to be
. sold any tobacco product to an individual without requesting and examining
identification establishing the purchaser's age as eighteen years of age.
Section 5-16.03 Self-Service Sales of Tobacco.
It shall be unlawful for any person, business, or tobacco retailer within the
City to sell, offer for sale, or display for sale any tobacco product by means
of a self-service display. All tobacco products shall be offered for sale
exclusively by means of vendor/employee assistance.
Section 5-16.04 Out of Package Sales.
No person, business, tobacco retailer or other establishment shall sell or
offer for sale cigarettes or other tobacco or smoking products not in the
original packaging provided by the manufacturer and with a'lI required health
warnings.
Section 5-16.05 Violation . Penalty.
Any person, business owner, or proprietor, or employee of any business or
establishment subject to the requirements of this chapter who violates any
mandatory provision of this chapter shall be guilty of an infraction, and is
subject to punishment as provided for in Chapter 1, Title 1 of this Code.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase 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, clause or phrase thereof, irrespective of the
fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause
or phrases be declared unconstitutional.
SECTION 3: This Ordinance shall become effective thirty (30) days after the date of its
adoption, and within fifteen (15) days after its adoption, it shall be published once, together
with the names of the Council Members voting thereon, in a newspaper of general
circulation within the City.
. .,--~_.._-
ORDINANCE NO. C.S.
PAGE 3
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of ,2000.
ORDINANCE NO. C.S.
PAGE 4
MICHAEL A. LADY, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
11.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: RICK TerBORCH, INTERIM CITY MANAGER#
SUBJECT: JUVENILE NIGHTTIME CURFEW ORDINANCE
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council introduce for first reading the attached
ordinance amending Chapter 13, Title 5 of the Arroyo Grande Municipal Code
regarding Juvenile Nighttime Curfew.
FUNDING:
There is no fiscal impact.
DISCUSSION:
In 1997, the Federal Ninth Circuit Court of Appeal struck down the City of San
Diego curfew ordinance because it did not exempt legitimate First Amendment
activities from the regulation (Nunez vs. City of San Diego). City staff had
recognized that there was a potential conflict between the City's current
ordinance and the Nunez case. A recent review of the City's Municipal Code by
Book Publishing Company also found that the City's curfew ordinance is in
violation of the Nunez decision. Until a new ordinance meeting the Nunez
decision criteria is adopted, the City is currently unable to enforce juvenile
nighttime curfew restrictions. The proposed ordinance complies with the
requirements established in the Nunez decision.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendation;
- Modify staffs recommendation as appropriate and approve; or
- Do not approve staffs recommendation and direct staff to repeal
the curfew ordinance in its entirety.
Attachments:
1. City memorandum dated May 2, 2000 regarding Loitering by Minors
During Certain Hours.
2. Proposed ordinance.
-----
. .
ATTACHMENT 1
MEMORANDUM
TO: RICK TerBORCH, INTERIM CITY MANAGER/CHIEF OF POLICE
FROM: KELL Y WETMORE, ADMINISTRATIVE SERVICES DIRECTOR ujJJ
SUBJECT: LOITERING BY MINORS DURING CERTAIN HOURS
DATE: MAY 2, 2000
As a result of the legal analysis conducted on the City's Municipal Code by Book
Publishing Company, the following finding was made with regard to "Loite"ring by Minors
During Certain Hours".
The curfew imposed by Municipal Code Section 5-13.01 (attached) is
probably unconstitutional. See Nunez v. City of San Diego, 114 F.3d
935 (9th Cir. 1997), which struck down a San Diego curfew ordinance
because it did not exempt legitimate First Amendment activities from
the curfew. We suggest amendment of Municipal Code Section 5-
13.01 to conform to the Nunez decision.
I am currently in the process of preparing an Ordinance that repeals or amends
obsolete, superseded or unconstitutional ordinances and portions thereof in the
Municipal Code for the City Attorney's review.
Please review the existing ordinance and advise as to the language to be amended. If
you would like to see sample ordinances from other cities, I have resources to obtain
them.
Thanks!
~-~--- - ----.------.----- -- _._--,-~
.
5.-,:,13.. Ql ,5:,,:,11...Q2
CHAPrER 13. IDITERIro BY MIOORS DtJRIro CERTAIN OOURS
Sec. .5-11.Q1. Presepce.of.minor.s,pr.ohihited.
It shall be unlawful for any minor under the age of eighteen (18) years to
rerrain or loiter in or on the public streets, highways, roads, alleys, parks,
public buildings, places of anusernent or entertainnent, vacant lots, or other
unsupervised places between the hours of 11:00 p.m., official City tine, and
6:00 a.m., official City time, of the following day; provided, however, the
provisions of this section shall not apply to a minor acconpanied by his or her
parent, guardian, or other adult person having the care and custody of the minor,
or where the minor is upon an emergency errand or legitimate business directed
by his or her parent, guardian, or other adult person having the care and custody
of the minor or where the minor is upon an emergency errand or legitinate
business directed by his or her parent, guardian, or other adult person having
the care and custody of the minor or when the minor is returning directly home
from a meeting, entertainnent, recreational activity, or dance.
For the purposes of this chapter, the burden of proof shall be upon the
adult person accorrpanying the minor to establish the fact of the care and custody
of the minor. '!he mere fact that the minor is accoopanied by an adult person
shall not give rise to a presunption that such adult person did in fact have the
care and custody of such minor. '!he burden of proof shall be met by proof of
the fact that such adult person is a person who has received the express
permission of the parent or guardian to accorrpany such minor or by proof that
such adult person has been entrusted with the legal custody of such rn.inor.
(Sec. 1, Ord. 194 C.S., eff. September 13, 1979)
Sec.. 5-13.02. ~aled.
(Sec. 1, Ord. 194 C.S., eff. September 13, 1979, as anended by Sec. 9, Ord. 452
C.S., eff. November 12, 1992)
167-41 Reprint No. 52 (1/15/93)
ATTACHMENT 2
ORDINANCE NO. C.S.
AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER
13, TITLE 5, OF THE ARROYO GRANDE MUNICIPAL
CODE REGARDING A JUVENILE NIGHTTIME CURFEW
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Chapter 13, Title 5, is amended in its
entirety as follows:
CHAPTER 13
JUVENILE NIGHTTIME CURFEW
Section 5-13.01: Purpose and Intent. The City Council finds that a juvenile curfew
Ordinance is necessary and desirable because the protection of minors warrants a
higher degree of governmental regulation. This higher degree of regulation is premised
upon the peculiar vulnerability of children and minors' inability to make critical decisions
in an informed and mature manner. The City recognizes a compelling interest in
preserving the safety of the community generally and providing a higher degree of
protection for its minors specifically during nighttime hours.
Section 5-13.02: Definitions. The following definitions are applicable to this
ordinance:
"Curfew hours" means the period from 11 :00 p.m. any night until 6:00 a.m. the following
morning.
"Emergency" means unforeseen circumstances or a situation that calls for immediate
action. The term includes, but is not limited to, an automobile accident, fire or
explosion, natural disaster or any condition requiring immediate action to prevent bodily
injury or loss of life.
"Establishment" means any privately-owned place of business operated for profit to
which the public is invited including, but not limited to, any place of amusement or
entertainment.
"Guardian" means (a) person who, under court order, is the guardian of the minor, or (b)
a public or private agency with whom a minor has been placed by a court.
"Minor" means any person under eighteen (18) years of age.
-----.-.-.--- -----_.-~--- . --
ORDINANCE NO. C.S.
PAGE 2
"Minor" means any person under eighteen (18) years of age.
"Operator" means any individual, firm, association, partnership or corporation operating,
managing or conducting any establishment.
"Parents" means a person who is a natural parent, adoptive parent or step-parent of a
minor.
"Responsible adult" means a person at least eighteen (18) years of age and authorized
by a parent or guardian to have the care and custody of a minor.
"Public place" means any place the public or a substantial group of the public has
access and includes, but is not limited to, streets, highways, common areas of schools,
hospitals, apartment hoses, office buildings, transport facilities and shops.
"Remain" means to (a) linger, stay or be present; or (b) fail to leave the premises when
requested to do so by a peace officer, the owner, operator or other person in control of
the premises.
Section 5-13.03: Offenses. It isunlawful for:
(a) Any minor to remain in any public place or on the premises of any establishment
within the City during curfew hours, or;
(b) Any parent or guardian of a minor to knowingly permit, or by insufficient control
allow, the minor to remain in any public place or on the premises of any
establishment within the City during curfew hours; or
(c) Any owner, operator or employee of an establishment to knowingly permit a minor
to remain in or upon the premises of an establishment during curfew hours.
Section 5-13.04: (a) Defenses. It is a defense to prosecution of the above offenses
that the minor was:
(1 ) accompanied by the minor's parent or guardian or by a responsible adult;
(2) on an errand at. the direction of the minor's parent or guardian or
responsible adult, without detour or delay;
(3) in a motor vehicle involved in intrastate or interstate travel;
(4) engaged in employment, or going to or returning home from employment,
without detour or delay;
ORDINANCE NO. C.S.
PAGE 3
(5) involved in an emergency;
(6) on the sidewalk adjacent to the minor's residence, providing the minor is not
otherwise violating the law;
(7) attending an official school, religious or other adult supervised recreational
activity sponsored by the City, a civic organization or other similar entity that
takes responsibility for the safety of the minor, or going to or returning home
from such an activity, without detour or delay;
(8) exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech and
the right of assembly;
(9) emancipated pursuant to law.
(b) It is a defense to prosecution under offense set forth in Section 5-13.03(c) above,
that the owner, operator or employee of an establishment promptly notified the
police department that a minor was present on the premises of the establishment
during curfew hours and refused to leave.
Section 5-13.05: Enforcement: Before taking any enforcement action under this
Chapter, a peace officer shall ask the apparent offender's age and reason for being in a
public place or on the premises of an establishment during curfew hours. The officer
shall not issue a citation or detain a minor under this Chapter unless the officer
reasonably believes an offense has occurred and based upon the minor's response(s)
and other circumstances, no defense under this Chapter appears present or applicable.
Section 5-13.06: Penalties. Any person who violates a provision of this Chapter is
guilty of a separate offense for each day or part of a day during which the violation is
committed, continued or permitted. Any person who violates the offenses described in
this Chapter shall be guilty of a misdemeanor. Minors shall be dealt with in accordance
with juvenile court law and procedure.
SECTION 2: Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason deemed or held to be invalid or
unconstitutional by the decision of any court or competent jurisdiction, such decision
shall not affect the validity of the remaining portion of this ordinance. The City Council
of the City of Arroyo Grande hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
or the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
other portions might subsequently be declared invalid or unconstitutional.
ORDINANCE NO. C.S.
PAGE 4
SECTION 3: A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to
the City Council meeting at which the proposed Ordinance is to be 'adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the
office of the Director of Administrative Services/Deputy City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published
again, and the Director of Administrative Services/Deputy City Clerk shall post a
certified copy of the full text of such adopted Ordinance. This ordinance shall take
effect and be in full force and effect thirty (30) days after its passage.
On motion of Council Member , seconded by Council Member ,
and on the following roll call 'vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this day of ,2000.
ORDINANCE NO. C.5.
PAGE 5
MICHAEL A. LADY, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
tf2:26 ~
RICK TerBORCH, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
ii.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER r!Jr>
SUBJECT: SELECTION OF 2000 STATE TRANSPORTATION IMPROVEMENT
PROGRAM (STIP) FUNDING PROJECTS
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the City Council:
A. provide direction to staff on selection and prioritization of proposed 2000 State
Transportation Improvement Program (STIP) projects;
B. adopt a resolution indicating the Council's interest in securing 2000 STIP funding
for the proposed projects;
C. authorize staff to prepare SLOCOG funding applications for the candidate projects
selected by the Council; and,
D. direct staff to forward the funding applications and resolution to SLOCOG for
funding consideration.
FUNDING:
The City is requesting $249,000 of Local Streets & Roads Project funds for the project(s)
as prioritized by the Council (no local match is required).
The City is also requesting $425,000 of Transportation Enhancement (TE) funds for the
following projects (a 11.47% local match is required):
. Phase III of The Scenic Walk Through the Historic Village of Arroyo, Grande -
$125,000 ($125,000 already programmed); minimum $32,400 local match to be
budgeted; and,
. Phase IV of The Scenic Walk Through the Historic Village of Arr9Yo Grande -
$300,000 (minimum $38,900 local match to be budgeted).
DISCUSSION:
For the 2000 State Transportation Improvement Program (STIP) cycle, the region will
receive $3.0 million for Local Streets & Roads Projects that will be allocated directly to the
local agencies. The City of Arroyo Grande is expected to receive $249,000.
--....-.-.---.---.. ~_._.-
AUGUST 22, 2000
SELECTION OF 2000 STIP FUNDING PROJECTS
PAGE 2
The region will also receive funds that will be programmed on a competitive basis through
SLOCOG. These funds include $9.2 million for Highways & Major Regional Projects; $1.4
million for Enhancement Projects; $450,000 for ITS, Innovative & Transit Projects; and
$150,000 for Passenger Rail Project Match.
Local agencies are to submit candidate project forms and draft Project Study Reports
(PSRs) to SLOCOG by August 28,2000 and submit final PSRs and authorizing resolutions
endorsing/committing the required local match to SLOCOG prior to September 29,2000.
A final action by the SLOCOG Board is scheduled for October 4, 2000.
Local Streets & Roads Projects Funding
Staff has identified the following projects, in alphabetical, order, as potential candidates for
the City's $249,000 of Local Streets & Roads Projects funding. Each project will repair the
existing pavement by grinding off 1 to 11/2 inches of existing pavement, installing a 1 to
11/2 inch asphalt concrete overlay, and replacing water and sewer mains/laterals as
needed.
2000 STIP Water/Sewer
Funds Funds
. Brisco Road - East Grand Avenue to Linda Drive $ 73,700 $ 0
. Brisco Road - Linda Drive to EI Camino Real 132,700 0
. EI Camino Real - Brisco Road to Halcyon Road 103,200 0
. Farroll Avenue - West City Limits to Elm Street 181,1 00 TBD
. Farroll Avenue - Elm Street to Pecan Street 141,500 TBD
. Farroll Avenue - Pecan Street to Halcyon Road 154,800 TBD
. East Grand Avenue - West City Limits to Elm Street 234,300 TBD
. The Pike - West City Limits to Halcyon Road xx,xxx 0
(Joint project with Grover Beach - This is 10% of the City's total project cost)
Any water and sewer funds needed for main/lateral replacement will be budgeted in the
City's FY 2001-02 Capital Improvement Program.
AUGUST 22, 2000
SELECTION OF 2000 STIP FUNDING PROJECTS
PAGE 3
Transportation Enhancement (TE) Funding
Staff has identified the following projects as potential candidates for Transportation
Enhancement (TE) funding (there is a $300,000 per project limit on TE funding requests).
The phases will be constructed in the priority order adopted by the Council on October 26,
1999.
TE Funds Local Funds
. The Scenic Creekside Walk Through the $ 125,000 $ 32,400
Historic Village of Arroyo Grande, Phase III
($125,000 of TE funds have already been programmed for this project)
. The Scenic Creekside Walk Through the $ 300,000 $ 38,900
Historic Village of Arroyo Grande, Phase IV
If the Council directs staff to submit any of the recommended TE projects, the local match
will be budgeted in the City's FY 2001-02 Capital Improvement Program.
Staff is requesting that the Council provide direction as to which project should be
submitted to SLOCOG for funding in the 2000 STIP.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendations;
- Do not approve staff's recommendations;
- Modify as appropriate and approve staff's recommendations;
- Provide direction to staff.
Attachment
ResQlution
jep:232.0001 (19)\200STIP\Applications.Staff Report.8.00.wpd
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING ITS INTEREST IN
OBTAINING 2000 STATE TRANSPORTATION
IMPROVEMENT PROGRAM (STIP) FUNDS ALLOCATED TO
THE CITY FOR STREET AND PEDESTRIAN PURPOSES
WHER!=AS, the City Council of Arroyo Grande desires to seek certain 2000 State
Transportation Improvement Program (STIP) funds made available through the San Luis
Obispo Council of Governments (SLOCOG); and
WHEREAS, SLOCOG requires all candidate project forms and draft Project Study Reports
(PSRs) be submitted to SLOCOG by August 28,2000; and
WHEREAS, SLOCOG requires all final PSRs and the jurisdiction's governing board
endorsement/commitment for the required local match prior to September 29, 2000; and
WHEREAS, the City.Council of Arroyo Grande is requesting that $249,000 of Local Streets
& Roads Project funds and $425,000 of Transportation Enhancement (TE) funds be
programmed for-the projects prioritized and adopted by the City Council on August 22,
2000; and
WHEREAS, the City Council of Arroyo Grande hereby establishes its commitment to
budgeting local funds for the projects prioritized and adopted by the City Council on August
22,2000; and
WHEREAS, the City Council of Arroyo Grande hereby appoints the Mayor as the official
representative authorized to sign th~ SLOCOG funding applications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby request that $249,000 in Local Streets & Roads Project funds and $425,000
of TE funds be programmed for use by the City of Arroyo Grande for street and pedestrian
projects.
On motion of Council Member , seconded by Council Member
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
the foregoing Resolution was passed and adopted this day of ,
2000.
RESOLUTION NO. -
PAGE 2
MICHAEL A. LADY, MAYOR
ATTEST:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~.P/
R CK TerBO , INTERIM CITY MANAGER
APPROVED AS TO FORM: !
""
TIMOTHY J. CARMEL, CITY ATTORNEY
ii.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~
TIMOTHY J. CARMEL, CITY ATTORNE~
SUBJECT: LOPEZ DAM WATER SUPPLY CONTRACT
DATE: AUGUST 22, 2000
RECOMMENDATION:
It is recommended the Council adopt a resolution approving the Contract between San
Luis Obispo County Flood Control and Water Conservation District ("Flood Control
District") and the City of Arroyo Grande for a Water Supply.
FUNDING:
A significant portion of the Lopez Dam seismic retrofit project improvements will be
funded by general obligation bonds (see Discussion below). However, a portion must
be funded by the City. These City payments to the Flood Control District will be
funded from the Lopez Water Fund. It appears likely that a water rate increase will be
needed to fund Arroyo Grande's share of the Seismic Retrofit Project; any such rate
increases will be agendized for formal consideration once Project costs are ascertained.
Any rate increases will be phased in gradually using current cash surpluses in the
Lopez Water Fund.
DISCUSSION:
In 1992, engineering consultants began an evaluation of the stability of the Lopez Dam
should a major earthquake occur. The studies determined that if there was an
earthquake of magnitude 7 or more on the Richter Scale, it is probable that the dam
would fail.
The California Division of Safety of Dams (DSOD) determined that Lopez Dam should
be retrofitted and brought to current standards by the year 2002 or be substantially
drained. In 1997, the Flood Control District began evaluating possible methods of
retrofitting the dam and determined the most effective solution would be to construct
stone columns with berm cuts at a cost of approximately $26 million. This was the
least expensive option, with the least environmental impacts, the shortest construction
period, and would not require further lowering of the reservoir.
CITY COUNCIL
LOPEZ DAM WATER SUPPLY CONTRACT
AUGUST 22, 2000
PAGE 3
The original water supply contract was not designed to meet the strict review
standards for today's revenue bond obligations. Therefore, the original contract was
amended on at least four occasions, changing various provisions over the course of
three decades. Those amendments made the current water supply contract difficult
to read and understand. Additionally, the current water supply contract lacks adequate
definitions and clarifying provisions that the public finance industry has come to
expect. More amendments would make the current contract even more cumbersome
and further increase public finance costs.
The attached amended and restated water supply contract is an attempt to prepare a
document which would result in the best possible interest rates and terms to the Flood
Control District and its participating agencies.
The following summarizes some of the material provisions included in the amended and
restated contract ("Contract").
Terms and Conditions: Each of the contracting agencies (collectively, the "Agencies")
will need to approve and execute an amended and restated water supply contract with
the Flood Control District, reflecting the Agency's proportionate share of water to be
purchased from the Project, its pro rata share of costs of operating and maintaining the
Project, debt service on the bonds, and providing for capital reserves for the Project.
Construction of Remediation; Issuance of New Bonds. Each Agency will bear its pro
rata share of debt service on the new bonds, in proportion to the amount of water it
is purchasing from the Project. However, an Agency may reduce its portion of debt
service on its water fund by (1) contributing cash towards the Project from any lawful
source; or (2) passing an assessment or special tax within its jurisdiction, which will
go directly towards debt service. The Agencies will continue to provide debt service
payments on the Bonds issued following the 1 965 bond election, through their
maturity in 2003; however, sufficient reserves currently exist and it is the Flood
Control District's stated intention to pay them off at the conclusion of the current
fiscal year.
Source of Agency Payments. Unless an Agency has elected to pursue an alternate
source of repayment for debt service on the bonds, the Agency will pledge revenues
from its water enterprise fund (for the City, the Lopez Water Fund), and will agree to
set rates and charges for such fund at levels to cover all Contract payments, plus a
25 % coverage factor on debt service to provide coverage that may be required by the
CITY COUNCIL
LOPEZ DAM WATER SUPPLY CONTRACT
AUGUST 22, 2000
PAGE 4
municipal capital markets. Failure to set such rates and charges will obligate the
Agency to establish a coverage account, either with the Flood Control District or with
a depository bank, as additional security for the Agency's contract obligations.
Term of Contract. The new Contract will run through the date of payment of the final
bond outstanding or 30 years following its effective date, whichever is later. If, after
opening bids for the Project, the Flood Control District estimates total Project costs will
exceed $30,000,000, each Agency will have twenty (20) calendar days to elect to
rescind and terminate its approval of the Contract, should such approval be given.
Entitlement of Agencies to Project Water. Prior to the distribution of entitlements
under the Contract, the Flood Control District shall make available Project water in
amounts sufficient to satisfy legally required water releases. Following these legally
required releases, each Agency shall be entitled to purchase Project water from the
Flood Control District (an "Entitlement"), based upon its proportionate share of water
designed for distribution to the Agencies, provided that the Entitlements may be
reduced following written notice given to the Agency from the District due to (1)
permanent or long-term restrictions imposed upon the District caused by (i) extreme
changes in the long-term meteorological pattern that reduce the Safe Yield
assumptions for the Project, or (ii) multi-year drought conditions; or (2) temporary or
short-term limitations based upon (i) reduced ability of the Project either to treat or
distribute water because of force majeure; (ii) drought conditions; or (iii) water quality
standards which reduce the safe, treated output of the Project at the time.
Sales of Surplus Water. Water carried forward after the distributions described above
shall be made available to the Agencies for purchase, at a price equal to the cost
thereof. These purchases are made one year in arrears.
Capital Reserves. The Flood Control District shall plan and calculate its needs for
capital reserves for the Project on at least an annual basis, and shall provide its plan
and calculations to the Agencies. Each Agency shall contribute to capital reserves in
accordance with its pro rata share.
Take-or-Pay Contracts. The Contract will continue to be take-or-pay obligations of the
Agencies, the obligations under which will remain unaffected by the inability of the
District to deliver the Entitlements due to the reasons outlined above, or by the failure
of any Agency to accept Project water delivered to it.
CITY COUNCIL
LOPEZ DAM WATER SUPPLY CONTRACT
AUGUST 22, 2000
PAGE 5
Voting and Amendments. The Contract will provide for three types of amendments,
having different approval and/or voting requirements, all of which are conditioned upon
there being no adverse effect on the bonds:
(1 ) Amendments to the Contract which has the effect of selling some or all of an
Agency's proportionate share to another Agency or to a new customer shall be
subject to the approval only of the affected Agency(ies) and the Flood Control
District;
(2) Upon the written request of any Agency, the Flood Control District may order
the expansion of the Project, or the addition of a new or modification of existing
Project facilities, so long as the requesting Agency demonstrates that either (a)
the proposed additional project will be economically feasible with the financial
support of only the requesting Agency, or (b) 100% of the Agencies approve
the additional project and agree to increase total Project costs sufficient to
provide for the costs thereof;
(3) Amendments to the Contract other than those specified above shall be approved
only upon the prior written and unanimous consent of the Flood Control District,
the Agency and all Other Agencies.
Additional Projects Implemented without Consent of the Agencies. At any time,
without the consent of, but following notice to, the Agencies, the Flood Control
District shall be entitled to undertake the construction or equipping of any additional
project, or other improvements to or repairs of the Project if (i) it determines that such
additional project, improvements or repairs are necessary in order to keep the Project
functioning at the level and to maintain the Project water supply at the quality required
under the Contract or (ii) a duly authorized governmental authority shall direct such
additional projects, improvements or repairs.
There are many more provisions and covenants contained in the Contract than those
summarized above. Staff has worked cooperatively with the other agencies to draft
an agreement that is a functional document and meets the needs of the contracting
parties.
~.._-_.__._--_.-
CITY COUNCIL
LOPEZ DAM WATER SUPPLY CONTRACT
AUGUST 22, 2000
PAGE 6
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
1 . Adopt the attached Resolution thereby approving the Contract between San Luis
Obispo County Flood Control and Water Conservation District and the City of
Arroyo Grande for a Water Supply and authorize the Mayor to sign;
2. Do not adopt the attached Resolution thereby not approving the Contract
between San Luis Obispo County Flood Control and Water Conservation District
and the City of Arroyo Grande for a Water Supply; or
3. Provide direction to staff.
Attachments:
1. Proposed Resolution
2. Proposed Contract between San Luis Obispo County Flood Control and Water
Conservation District and the City of Arroyo Grande for a Water Supply
---~~----
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A WATER SUPPLY CON-
TRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
WHEREAS, the City Council ("Council") of the City of Arroyo Grande ("City") has been
presented with a form of Water Supply Contract (the "Contract") by the San Luis
Obispo County Flood Control and Water Conservation District (the "District"),
respecting the water to be provided through the District's Lopez Dam facility, including
its appurtenances' (collectively, the "Facility"); and
WHEREAS, the City has heretofore purchased water from the Facility for its water
enterprise, pursuant to an existing water supply contract with the District; and
WHEREAS, City now wishes to insure the availability of water from the Facility and
to that end wishes to approve the terms of the Contract and to authorize its execution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby find and determine as follows:
1. The foregoing recitals are true and correct;
2. The terms and provisions of the Contract, as presented to and reviewed by this
Council, are hereby approved, and the Mayor is hereby authorized and directed
to execute the Contract in the name and on behalf of the City, in substantially
the form attached hereto as Exhibit "A;" and
3. This Resolution shall take effect immediately upon its adoption.
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted on this 22"d day of August, 2000.
RESOLUTION NO.
PAGE 2
MICHAEL A. LADY, MAYOR
ATTEST:
. KELLY K. WETMORE, DEPUTY CITY CLERK/
DIRECTOR OF ADMINISTRATIVE SERVICES
APPROVED AS TO FORM:
RICK TERBORCH, INTERIM CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
"----..
coNTRACT ~ETWEEN
SAN ~l:JIS O~ISf>O COl:JNTr F'~oOD CoNTRO~
AND
WATER CoNSERVATIoN DISTRICT
AND
TnE CIIT oF' ARROYO GRANDE
F'oRA WATERSl:Jf>f>~Y
Dated a8 of
Ausu8t _ .2GGG
LOPEZ WATER CONTRACT
TABLE OF CONTENTS
Page No.
Article 1. Definitions......................................................................................................................3
Article 2. Term of Contract.......................................................................................................... .11
Article 3. Validation...................................................................................................................... .12
Article 4. Distribution and Sale of Project Water .........................................................................13
(A) Legally Required Water Releases ..........................................................................13
(B) Entitlements................................................................... ........................................ .13
Surplus Water Rates.......................................................................................................... .14
(D) Surplus Water........................................:............................................................... .15
Article 5. Water Shortages.................................................................................. .......................... .15
Article 6. Completion of Seismic Remediation Improvements ....................................................16
Article 7. Delivery of Water................................................................... .................................... ..18
Article 8. Measurement............................................................................................................... ..18
Article 9. Time for Delivery of Project Water..............................................................................19
Article 10. Responsibility for Delivery and Distribution of Water Beyond Delivery Points .......2Q
Article 11. Operation and Maintenance of Project and Water Enterprise.....................................20
Article 12. Water Quality...................................................................................... ....................:... .24
Article 13. Curtailment of Delivery of Project Water for Maintenance Purposes ........................24
Article 14. Rate and Method of Payment............................................... ............................ .... ...... .25
(A) Allocation of Total Project Costs and Debt Service ..............................................25
(B) Agency Contract Payments................................................................................... .26
(C) Agency Credits against Contract Payments ..........................................................27
(D) Quarterly Variable Charges ................ ................................................................ ..29
(E) Use by District of Total Contract Payments ..........................................................29
Article 15. Take-or-Pay Obligation of Agency.............................................................................30
Article 16. Pledge; Establishment and Collection of Rates and Charges .....................................30
LOPEZ WATER CONTRACT 1
Article 17. Default....................................................................................................................... .31
Article 18. Failure to Levy, Set or Collect Taxes, Rates and Charges..........................................33
Article 19. Area Served by Agency...... .......... ................ ............. ..... ...................... ...... ....... ..... ....34
Article 20. Changes in Organization of Agency ...........................................................................34
Article 21. Agency's Obligations Several and Not Joint; Limited Step-up Provisions and
Reimbursement...................................................................................,............................. .34
Article 22. Contracts to Be Uniform ........ ..... ....................................................................36
Article 23. Amendments............................................................................................................. ..36
Article 24. Opinions and Determinations; Good Faith; Information to Be Provided to Zone 3
Advisory Committee..........................................................................................................3 8
Article 25. Waiver of Rights ....... ....... ....... ...... ............. ........... .............. ......................... ...............39
Article 26. Notices.........................................................................................................................3 9
Article 27. Assignment.................................................................................................................3 9
Article 28. Inspection of Books and Records.. .......................................................................... ...40
Article 29. Severability................................................................................................................ .40
Article 30. Water Right.. ........... .... ............... ........... ...... ........ ....................... ....... ....... ................. ..41
Article 31. Wheeling of Water ............................................... ................. ....................... ...........-....41
Article 32. Execution in Counterparts ............................... ................... ................................... .....42
Article 33. Governing Law.... ........ .................... .......... .... .... ............................. .......... ... .......... .....42
LOPEZ WATER CONTRACT 11
--~-
CONTRACT BETWEEN SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND THE CITY OF ARROYO GRANDE
FORA WATER SUPPLY
This Contract (the "Contract"), made this _ day of August, 2000, by and between
the San Luis Obispo County Flood Control and Water Conservation District (the "District"),
established under and pursuant to Chapter 1294 ofthe 1945 Statutes of the State of California (the
"State") and the City of Arroyo Grande, a public agency organized and existing under the laws of
the State of California, acting pursuant to the laws of such State (the "Agency"), amends and restates
that certain contract for a water supply by and between the District and the Agency, dated March 28,
1966, as amended (the "Prior Supply Contract"), with reference to the following facts:
WIT N E SSE T H:
WHEREAS, the District has heretofore constructed, improved and operated a public
works project (the "Project," as more particularly defmed below) that provides a supply of water
available for use within the District; and
WHEREAS, the State now requires the District to make certain repairs and
improvements to the Project for public safety reasons, which improvements (the "Seismic
Remediation Improvements") must be financed with the proceeds of certain future obligations of the
District; and
LOPEZ WATER CONTRACT 1
WHEREAS, the lands and inhabitants within the jurisdiction of the Agency are in
need of water provided by the Project for beneficial uses; and
WHEREAS, the District has provided water from the Project to the City of Grover
Beach, the City of Pismo Beach, the City of Arroyo Grande, the Oceano Community Services
District and County of San Luis Obispo Service Area No. 12 (being, collectively, the Agency and
the Other Agencies, as hereinafter defmed) since 1966, pursuant to several water supply contracts,
including the Prior Supply Contract (collectively, the "Prior Supply Contracts"), and the parties now
wish to amend and restate the Prior Supply Contracts, preserving the same basic structure and
obligations; and
WHEREAS, the District desires to sell to public water distribution agencies,
including the Agency and the Other Agencies, the water provided by the Project under tenns and
conditions which, as far as practicable and consistent with the ultimate use of the water, shall be fair
and equitable to all such agencies and to the inhabitants ofthe District; and
WHEREAS, the Agency desires to contract with the District for a water supply to be
for the use and benefit of the lands and inhabitants served by the Agency and for which the Agency
will make payment to the District upon the tenns and conditions hereinafter set forth; and
WHEREAS, the District and the Agency wish to provide for the financing of the
Seismic Remediation Improvements and Additional Projects (as defined herein), and for the future
LOPEZ WATER CONTRACT 2
_.~----
maintenance of the Project in order to preserve the water supply provided by the Project to the
Agency; and
WHEREAS, obtaining the necessary financing for the Seismic Remediation
Improvements and Additional Projects (as defined herein) will aid the District in meeting its
intended communitywide results of: maintaining and encouraging a safe, healthful ~d pleasant
living environment, and encouraging a strong and viable economy;
NOW, THEREFORE, ITIS HEREBY MUTUALLY AGREED by the parties hereto,
as follows:
Article 1. Definitions. When used in this Contract, the following tenns shall have
the meanings hereinafter set forth:
"Additional Proiects" shall mean those capital projects to be undertaken by the
District in addition to the Seismic Remediation Improvements which have the effect of (i) preserving
and maintaining the Safe Yield of the Project (a "Type I Additional Project"); (H) maintaining the
quality of water provided by the Project (a "Type II Additional Project"); or (Hi) any other capital
project agreed to by the Agency and all of the Other Agencies (a "Type III Additional Project").
"Calendar Quarter" shall mean each three-month period commencing on January 1,
April 1, July 1 and October 1 of each year.
"Calendar Year" shall mean the twelve-month period from January 1 of a calendar
year to December 31 of the same calendar year, both dates inclusive.
LOPEZ WATER CONTRACT 3
-.-.--~.._~-_._-_...._------- ---,-'-'--'-'-
"Capital Costs" shall mean costs expended by the District at or appurtenant to the
Project, for permanent improvements to the Project or equipment which is capitalizable on the books
ofthe District.
"Capital Reserves" shall mean those reserves established by the District for the
Scheduled Maintenance of the Project or for anticipated costs of upgrade and improvements likely
to be imposed by Governmental Authority (each, an"External Requirement") in order for the District
to continue to operate the Project for water supply purposes, established either (a) on a year-to-year
basis by the District in its annual budgets, copies of which shall be provided to the Agency promptly
following adoption, or (b) on a multi-year basis by the District through the development and
promulgation to the Agency of a long-term capital improvement plan of the District; provided,
however, that no Type ITI Additional Projects shall be funded from Capital Reserves; and provided
further, that the District shall not expend any portion of Capital Reserves for any External
Requirement until and unless such External Requirement becomes a final order of such
Governmental Authority, not subject to further appeal.
"Contract Pavrnents" shall mean those payments due from the Agency to the District
hereunder, as more particularly set forth in Article 14 hereof.
"Countv Board" shall mean the Board of Supervisors of the County of San Luis
Obispo, California.
"Coverage Account" shall mean the account established for the Agency either with
the District or with a Depository, as provided in Article 18 hereof.
"Coverage Factor" shall mean 25% of Agency Debt Service, determined in
accordance with Article 14 hereof, calculated for each Fiscal Year.
LOPEZ WATER CONTRACT 4
"Debt Service" shall mean, in the aggregate, (a) principal and interest (or mandatory
sinking fund payments, installment or lease or similar payments due) with respect to all Tax-Exempt
Obligations at the time outstanding in accordance with their tenns, provided that capitalized interest
funded ftom the proceeds of Tax-Exempt Obligations need not be taken into account, (b) annual
costs of administering the Tax-Exempt Obligations, including the annual fees of any trustee or
paying agent therefor, and (c) the costs, if any, of annual credit enhancement for the Tax-Exempt
Obligations.
"Depository" shall mean a financial institution designated for the deposit and
administration of the Coverage Account of the Agency, as and when appointed in accordance with
Article 18 hereof.
"Entitlements" shall mean the quantity of water to be distributed to the Agency under
this Contract and to the Other Agencies under their Water Supply Contracts with the District, as
established in Article 4(B) hereof and of such other Water Supply Contracts.
"Fiscal Year" shall mean the twelve-month period ftom July 1 of a Calendar Year to
June 30 of the immediately following Calendar Year, both dates inclusive.
"General Obligation Bonds" shall mean those certain general obligation bonds of the
District; issued pursuant to authorization received ftom the voters of the District at the election
conducted on March 7, 2000, in an aggregate principal amount of not to exceed $13,200,000,
supported by a levy of ad valorem taxes throughout the District.
"Governmental Authority" shall mean any State, federal or local governmental
authority with cognizance over the District or the Project, or any portion thereof, empowered to
regulate or control any aspect of its or their operations.
LOPEZ WATER CONTRACT 5
~~._---
,
"Operating Segment," as to the Agency, shall mean the segment of the Project
constructed for, and providing service directly to, the Agency, which, as at the date hereof, consists
ofUnit(s) A and B.
"Operation and Maintenance Costs" shall mean the reasonable and necessary current
expenses of maintaining, repairing and operating the Project, including District administrative
expenses directly attributable to Project function, but excluding Capital Reserves and Debt Service,
all computed in accordance with generally accepted accounting principles applicable to enterprise
funds of government agencies.
"Other Agency" shall mean any other water-distributing public agency of the State,
which, having the legal power to do so, executes a water supply contract with the District
substantially identical to this Contract, except for agency infonnation, dates, Unit participations,
Proportionate Share and Percentage Share, other than for the purpose of purchasing Surplus Water,
including, as of the date hereof, the County of San Luis Obispo on behalf of Service Area No. 12,
The City of Grover Beach, Ocean Community Services District, and The City ofPismo Beach.
"Percentage Share" shall mean the Agency's aggregate attributed share, by
percentage, of charges for Operation and Maintenance Costs and Capital Reserves for any given
Water Year for each respective Unit, as compared to all of the charges for Operation and
Maintenance Costs and Capital Reserves attributable to each such Unit levied against the Agency
and all Other Agencies, and as specified for the Agency below:
Unit A 50.55%
Unit B 50.55
Unit C 0.00
Unit D 0.00
LOPEZ WATER CONTRACT 6
----
Unit E 0.00
Unit F 0.00
Unit G 0.00
Unit H 0.00
Unit I 0.00
Unit J 0.00
"Proiect" shall mean (A) the 1965 Zone 3 Project described in Resolution No. 377-65
and Ordinance No. 813 of the District, adopted August 17, 1965, consisting ofthe following works
and improvements: (i) Lopez Dam and Reservoir, (ii) Lopez Dam-Arroyo Grande Conduit System,
(iii) Arroyo Grande-Avila Conduit System, (iv) Arroyo Grande-Oceano Conduit System, (v) water
treatment plant, (vi) terminal reservoir, (vii) all land, easements, rights-of-way, pumping plants,
pipes, valves, fittings, machinery and other property necessary for any of the foregoing, and (B) the
Seismic Remediation Improvements.
"ProDortionate Share" shall mean the percent of the total Entitlements available to
the Agency, as compared to the aggregate of all Entitlements given to the Agency and all Other
Agencies hereunder and under all Water Supply Contracts in any given Water Year, as set forth in
Article 4(B) hereof.
"Rates and Charges" shall mean the rates and charges imposed and collected by the
Agency for the provision of water services by its Water Enterprise, or, ifthe Agency shall instead
have levied special taxes as described in Article 14(C)(b) below, such special taxes.
"Recreational Budget Transfers" shall mean the annual transfer ordered by action of
the County Board from revenues earned from recreational uses of the Project, based on the
LOPEZ WATER CONTRACT 7
percentage of recreational usage, initially established under the tenns of County Board Resolution
No. 2000-133, adopted on April 4, 2000.
"Safe Yield" shall mean the safe yield of the Project, calculated and established ftom
time to time in accordance with the provisions of Article 4 hereof, being 8,730 acre-feet of water as
of the date hereof.
"Scheduled Maintenance" shall mean the maintenance tasks for the Project which
are required to be accomplished less ftequently than annually, a portion ofthe cost of which is set
aside in each annual budget of the District in anticipation of such requirement.
"Seismic Remediation Improvements" shall mean those certain improvement, more
particularly described on Exhibit A hereto, to the 1965 Zone 3 Project required by State mandate,
and necessary in order for the Project to continue to operate as a supplier of water to the District, the
Agency and the Other Agencies.
"Sw:plus Water" shall mean the water available ftom the Project following
distributions of water described in Article 4, paragraphs (A), (B) and (C) hereof.
"Tax-Exempt Obligations" shall mean those certain obligations executed and
delivered by or on behalf of the District, representing and evidencing interests of the owners thereof
-
in certain installment payments to be made by the District for the acquisition of the Project, whose
proceeds are to be used to finance or reimburse the costs of the Seismic Remediation improvements,
in an aggregate principal amount of not to exceed the net amount, following the application of
proceeds of sale of the General Obligation Bonds, required to complete the Seismic Remediation
Improvements pursuant to State mandate and the District's competitive bid process for such
Improvements.
LOPEZ WATER CONTRACT 8
"Total Contract Payments" shall mean all ofthe payments due from the Agency and
the Other Agencies pursuant to Article 14 hereof and the same Article of the other Water Supply
Contracts.
"Total Proiect Costs" shall mean, for any given Water Year, the aggregate amount
necessary to provide for (i) Operation and Maintenance Costs; (ii) Debt Service; and (iii) Capital
Reserves, as calculated by the District in accordance with Article 14 hereof and noticed to the
Agency and the Other Agencies.
"Unit" shall mean those facilities which collectively make up the Project, delineated
as follows:
(1) ''Unit A" shall consist of the Lopez Dam and Reservoir, including
acceSs roads, fish trapping facilities and outlet works, all expenses of executing and
delivering the Tax-Exempt Obligations, all moneys necessary to fund interest with
respect to the Tax-Exempt Obligations prior to receipt of the first payments under
this Contract and the other Water Supply Contracts, and all engineering and legal
fees for the entire Project.
(2) ''Unit B" shall consist of the tenninal reservoir, a pumping plant and.
bypass conduit, the water treatment plant and the Lopez Dam-Arroyo Grande
Conduit System. The "Lopez Dam-Arroyo Grande Conduit System" shall be defined
as that portion of the pipeline conduit and all appurtenances from the Lopez Dam
outlet works to and including a bifurcation structure located at the intersection of the
Highway 101 south frontage road and Brisco Road in Arroyo Grande.
(3) "Unit C" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
bifurcation structure which is a part of Unit B to the intersection of the Highway 101
south frontage road and Eighteenth Street in Grover City.
(4) ''Unit D" shall consist of the Arroyo Grande-Oceano Conduit System.
The "Arroyo Grande-Oceano Conduit System" shall be defined as that portion of
the pipeline conduit and all appurtenances from the south end of the Lopez Dam-
Arroyo Grande Conduit System to a connection to the Oceano water system at the
intersection of Lancaster Drive and Elm Street in Arroyo Grande.
(5) "Unit E" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
LOPEZ WATER CONTRACT 9
west end of Unit C to the intersection of the Highway 101 south frontage road with
Vista del Mar in Shell Beach.
(6) "Unit F" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
west end of Unit E to the intersection ofthe Sheel Beach Road with El Portal Drive
in Pismo Beach.
(7) "Unit G" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
west end of Unit F to the intersection of Avila Road (San Luis Obispo County Road
No. 3016) with Ontario Road (San Luis Obispo County Road No. 33090).
(8) "Unit H" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
west end of Unit G to the intersection of First Street and San Juan Street in the
community of A vila Beach.
(9) "Unit I" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
west end of Unit H to the Port San Luis Harbor District Tank site.
(10) "Unit J" shall consist of that portion of the Arroyo Grande-Avila
Conduit System consisting of the pipeline conduit and all appurtenances from the
west end of Unit G to a storage take site at an approximate elevation of 260 feet
above sea level located at a point approximately 1,300 feet westerly of the center line
of Highway 101 and 1,500 feet southerly of Avila Drive (San Luis Obispo County
Road No. 13015).
"Water Enterprise" shall mean the water system operated and to be operated by the
Agency for sales of water to the general public within its jurisdiction.
"Water Supply Contracts" shall mean the water supply contracts respecting Project
output, entered into by and between the District and the Other Agencies.
"Water Year" shall mean the twelve-month period from April I' of a Calendar Year to
March 31 of the immediately following Calendar Year, both dates inclusive.
"Zone 3" shall mean the area comprising Zone 3 of the District.
LOPEZ WATER CONTRACT 10
~ -~~._.
"Zone 3 Advisory Committee" shall mean that certain advisory committee comprised of
representatives of the District, the Agency and each of the Other Agencies, appointed by the District,
the Agency and the Other Agencies, from time to time and meeting at scheduled intervals to advise
the District on matters relating to the Project, this Contract and the Water Supply Contracts.
Article 2. Tenn of Contract. This Contract shall become effective when the District has
executed (a) this Contract with the Agency; and (b) Water Supply Contracts with Other Agencies;
which, taken in the aggregate, establish Entitlements for at least 4,530 acre-feet of water from the
Project, as set forth in Article 4(B) of this Contract and of such other Water Supply Contracts, aIid
the District shall promptly advise the Agency in writing of the effective date hereof. This Contract
shall remain in effect through the later of (i) the date which is six (6) months following the
repayment of the final Certificate of Participation outstanding; or (ii) the date which is thirty (30)
years from the effective date hereof; provided, however, that the tenn of this Contract shall
automatically be extended for additional periods of five (5) years from the scheduled expiration date
hereof, so long as the Agency has not, by the date which is 180 days prior to the scheduled expiration
date hereof, given written notice to the District to the effect that it wishes to tenninate this Contract.
The Agency understands and agrees that each of the Other Agencies has the right to tenninate its
-
Water Supply Contract on similar tenns and that, if any Other Agency shall so elect to tenninate its
Water Supply Contract, the Entitlement and corresponding obligations of such Other Agency shall
be apportioned among the Agency and the remaining Other Agencies, based upon a recalculation
of Proportionate Share or Percentage Share, based, where appropriate, on their access to and use of
Units, or as otherwise unanimously agreed by the Agency (unless the Agency shall have withdrawn),
all remaining Other Agencies and the District.
LOPEZ WATER CONTRACT 11
..------------
The parties hereto understand and agree that the Project must be constructed in
accordance with State mandate and that its costs are detennined through a competitive bid process
applicable to public works undertaken by the County and its agencies, now set for a date on or about
September 14,2000 (the "Project Bids"). Notwithstanding the foregoing paragraph, therefore, the
Agency and Other Agencies (collectively, the ''Participating Agencies") may rescind their approval
of their respective Water Supply Contract and declare it cancelled and of no further force or effect,
but only if, following the County's opening of the Project Bids, the lowest response bidder for the
remaining work on the Project submits a Project Bid which, taken together with the other Project
Costs, would result ina total Project Cost in excess of $30,000,000 (Thirty Million Dollars). The
District covenants and agrees to provide prompt notice, and in any event within 48 hours of its
detennination of the apparent winning Project Bid, to the Participating Agencies of the then-
estimated total Project Costs. The Participating Agencies shall have twenty (20) calendar days from
the date of receipt of such notice to exercise their rights of tennination and recission hereunder; such
exercise shall be evidenced by delivery of written notice of such participating Agency's election to
the District and to each other Participating Agency. The District covenants and agrees not to award
any construction contract based on the Project Bids until after the foregoing twenty-day period has
elapsed.
Article 3. Validation. Either the District, the Agency or any Other Agency may file and
diligently prosecute to a [mal decree in a court of competent jurisdiction a proceeding in mandamus
or other appropriate proceeding or action for the judicial examination, approval, and confinnation
of the proceedings had for the organization of the District and for the participation of the Agency in
the Project hereunder, or for the validation of the Installment Purchase Agreement which is the basis
for the Tax-Exempt Obligations, or any of them, or the proceedings ofthe governing body of the
LOPEZ WATER CONTRACT 12
Agency leading up to and including the making of this Contract and the validity of the provisions
thereof and hereof.
Article 4. Distribution and Sale ofProiect Water. The following provisions govern the
distribution of water from the Project to the Agency, to the Other Agencies and for other purposes,
in the priorities set forth below:
(A) Legallv ReQuired Water Releases. The parties hereto acknowledge and agree that
Project water is subject to certain releases and minimum storage requirements imposed by law which
are not affected by the terms hereof.
(B) Entitlements. Subject to the foregoing, the District shall make available to the
Agency in each Water Year, to the extent possible, 2,290 acre-feet of Project water. The District
will, in order to satisfy this entitlement and the entitlements of Other Agencies, set aside from the
Safe Yield the total of 4,530 acre-feet of Project water which will be distributed to the Agency and
the Other Agencies, as established under Article 4(B) hereof and of their respective Water Supply
Contracts. The Agency's Entitlement comprises 50.55 percent of the aggregate Entitlements
awarded under all the Water Supply Contracts, including this Contract. Such percentage comprises
the Agency's ProportIonate Share hereunder. Notwithstanding the foregoing, the aggregate
-
Entitlements available under this Contract and under the Water Supply Contracts may be reduced,
following written notice given to the Agency from the District, due to (1) permanent or long-term
restrictions imposed upon the District caused by (i) extreme changes in long-term meteorological
patterns that reduce the Safe Yield assumptions for the Project; or (ii) multi-year drought conditions;
or (2) temporary or short-term limitations based upon (i) reduced ability of the Project either to treat
or distribute water because offorce majeure; (ii) drought conditions; or (iii) water quality standards
\yhich reduce the safe, treated output ofthe Project at the time.
LOPEZ WATER CONTRACT 13
__.n.'. ---,._~----._,- ~
(C) Surplus Water Rates. Project water remaining after the distribution of Project water
as described in paragraphs (A) and (B) above shall comprise "Surplus Water" hereunder. Surplus
Water shall be sold in accordance with the provisions of this paragraph.
(1) Surplus Water shall first be offered by the District to the Agency and the Other
Agencies in accordance with their Proportionate Shares, with a price for such Surplus
Water to be established based on the Operation and Maintenance Cost of the District
incurred in delivering the Surplus Water actually purchased by the Agency or the Other
Agencies. If the Agency or any Other Agency shall commit in writing to purchase
Surplus Water from the District under this subparagraph, it shall be obligated to pay for
such Surplus Water, whether or not in fact ordered from the District or accepted by the
Agency, so long as such Surplus Water was in fact available for the period in question.
Neither the Agency nor any Other Agency shall resell Surplus Water at any time to third
parties, without the prior written consent of all Other Agencies.
(2) The District may offer to sell and deliver any Surplus Water not purchased by the
Agency or the Other Agencies hereunder to any other prospective purchaser without right
of renewal, in a manner and at prices which will return to the District the largest net
revenue practicable, but in no event at prices less than those at which such Surplus Water
is offered to the Agency, unless the Agency is first allowed another opportunity to
purchase such Surplus Water at the lower price, and in each case, attempting to recapture
the Operation and Maintenance Cost, the variable costs, if any, and Debt Service
attributable to the volume of Surplus Water actually purchased by such third parties, at
the highest price the market will then bear.
LOPEZ WATER CONTRACT 14
(3) All revenues derived by the District from the sale of Surplus Water to the Agency,
any Other Agency or any third party hereunder shall be applied as a credit to the
obligations of the Agency and the Other Agencies, based on the Proportionate Shares of
the Agency and each Other Agency.
(D) Surplus Water. Beginning with the 2000-01 Water Year, Surplus Water shall be the
portion of the Safe Yield for Project water remaining after distributions of water during the said
previous Water Year, as described below.
Surplus Water shall be calculated for each Water Year by subtracting from the Safe Yield
of the Project an amount equal to the sum ofthe quantity of water released downstream during the
immediately prior Water Year, which shall not exceed 4,200 acre feet unless legally required by
Article 4(A) hereof, and the quantity of Entitlement water delivered to the Agency and the Other
Agencies during the immediately prior Water Year, excluding downstream releases and Entitlement
deliveries that occurred during the period of time that the District detennined that continuous
spillway flow was occurring at Lopez Dam.
The District shall notify the Agency of the total amount of Surplus Water available for
the current Water Year, and once so declared by the District, said amount shall not be changed by
the District without first obtaining the consent of the Agency and all Other Agencies.
Surplus Water purchased by the Agency will be delivered to Agency in the manner
provided for the delivery of its Entitlement and to the extent that all of said surplus water purchased
by Agency is not so delivered by the end of the Water Year in question, then such undelivered
amount shall revert to District and shall not thereafter be available to Agency.
Article 5. Water Shortages. From time to time during the tenn of this Contract, there
may occur a shortage in the quantity of Project water available for delivery to the Agency by the
LOPEZ WATER CONTRACT 15
District under this Contract, including, without limitation, for the reasons enumerated in Article
4(B). In such event, no liability shall accrue against the District or any of its officers, agents or
employees for any damage, direct or indirect, arising from a shortage on account of any reason
beyond the control of the District. In any Water Year during which such a shortage has caused a
reduction as described in said Article 4(B), so that the total quantity of the Entitlements available
for the District to distribute is less than the total established in said Article 4(B), following giving
of notice by the District as provided in Article 4(B), the Proportionate Share of the Agency and each
Other Agency under its Water Supply Contract shall be applied to such ~educed amount in
determining the volume of Project water to be delivered to the Agency and such Other Agencies in
such Water Year.
Article 6. Completion of Seismic Remediation Improvements. The Agency understands
and acknowledges that the District intends to commence and complete the Seismic Remediation
Improvements with due diligence; in order to finance the construction of the Seismic Remediation
Improvements, the Agency understands and agrees that the District will have to cause the execution
and delivery of the Tax-Exempt Obligations on terms and conditions favorable to the District, the
Agency and the Other Agencies, to be established at the time of sale of the Tax-Exempt Obligations.
In particular, the Agency covenants and agrees that:
(A) The District shall contract for the public works comprising the Seismic Remediation
Improvements on such terms as the District, in its sound business judgment, may deem in the best
interests of the District, the Agency and the Other Agencies, but only following consideration by the
Zone 3 Advisory Committee of any such contracts in excess of the minimum standards for contracts
of a similar type then mandated for formal approval by the County Board (the "County Standards");
LOPEZ WATER CONTRACT 16
~----
provided, however, that no such consideration shall be required as a precondition to any such action
in response to an emergency;
(B) The District may engage, but only (except in an emergency, in which case no such
consideration shall be required as a precondition) following consideration by the Zone 3 Advisory
Committee of any such contracts in excess of County Standards, contractors and consultants,
including, without limitation, environmental specialists, engineers, financial consultants,
underwriters, attorneys and accountants (collectively, the "Consultants"), as may be necessary in
order to plan and construct the Seismic Remediation Improvements and to issue and sell the Tax-
Exempt Obligations, on such terms and conditions as the District shall determine; provided,
however, that the District and the Agency hereby covenant and agree that all such contracts already
in place as of the effective date of this Contract shall be deemed noticed to and considered by the
Zone 3 Advisory Committee; and provided further, that no such consideration shall be required as
a precondition to any such action in response to an emergency;
(C) The District may authorize and sell at either public or private sale, or cause to be
executed and delivered, the Tax-Exempt Obligations at any time following the effective date hereof,
to provide for the financing or reimbursement to the District of the costs of the Seismic Remediation
-
Improvements, to establish a reserve fund for the Tax-Exempt Obligations and to pay the costs of
delivery thereof;
(D) The Agency will execute and provide such instruments, certificates and agreements
as may be necessary in order for the District to deliver the Tax-Exempt Obligations, including,
without limitation, information for inclusion in the disclosure document for the Tax-Exempt
Obligations and a continuing disclosure agreement to permit compliance with Rule 15c2-12 of the
LOPEZ WATER CONTRACT 17
"--~._._..._---_._-------_.,_._--_..-
Securities and Exchange Commission, respecting the Agency's fmancial condition and operations;
and
(E) The Agency will cooperate with the District and its Consultants in connection with
the planning and construction of the Seismic Remediation Improvements and the authorization and
delivery of the Tax-Exempt Obligations.
The District covenants and agrees to use its best efforts to complete the Seismic
Remediation Improvements by a date no later than June 30, 2002.
Article 7. Delivery of Water. All water to be furnished to the Agency pursuant to this
Contract shall be delivered to the Agency at the intersection of the Highway 101, South Frontage
Road and Brisco Road in the City of Arroyo Grande.
If the Agency shall desire at any time during the term of this Contract to change the
address at which it receives water from the District hereunder, or to install additional points of
delivery, it may do so if it furnishes all funds necessary to cover any District expenses involved, or
if it undertakes the construction of the necessary conduits and appurtenances at its own expense;
provided that the Agency shall not undertake any such construction until it has first obtained District
approval ofthe plans and specifications for such work. Upon the receipt of a request for a change
in or addition to the place of delivery of water thereunder, and the deposit of any required funds as
set forth in this paragraph, the District shall, if it has elected to perform its own construction of
conduits and appurtenances, diligently proceed to construct the same.
Article 8. Measurement. All water furnished pursuant to this Contract shall be measured
by the District at each point of delivery established pursuant to Article 7 hereof with equipment
satisfactory to the District and the Agency. Said equipment shall be installed, operated and
maintained by the District. All determinations relative to the measuring of Project water shall be
LOPEZ WATER CONTRACT 18
"'--'_.'-'~'-~-----'--
made by the District and, upon request of the Agency, the accuracy of such measurement shall be
investigated by the District and certified to the Agency in writing. Any error appearing in the course
of such investigation and certification shall be cause for an adjustment by the District. The Agency
may inspect any such measuring equipment for the purpose of determining the accuracy thereof, at
its own expense at reasonable times upon reasonable notice. The District will install, or cause to be
installed, backflow prevention devices in connection with such measuring equipment to prevent
Project water delivered to the Agency or to the Other Agencies from returning to the District's lines.
Article 9. Time for Delivery ofProiect Water. The amounts, times and rates of delivery
of Project water to the Agency during any Water Year shall be in accordance with a water delivery
schedule determined in the following manner:
(A) On or before October 1 of each Calendar Year, the Agency shall submit in writing
to the District a preliminary water delivery schedule subject to the provisions of this Article and
Article 4, indicating the amounts of water desired by the Agency during each month of the
succeeding three (3) Water Years.
(B) Upon receipt of a preliminary schedule the District shall review it and after.
consultation with the Agency shall make such modifications in it as are necessary to insure that the
-
amounts, times and rates of delivery to the Agency will be consistent with the available supply of
water from the Project, considering the current delivery schedules of all Other Agencies. On or
before January 1 of each Calendar Year, the District shall determine and furnish to the Agency a
water delivery schedule for the next succeeding Water Year, which shall show the amounts of water
to be delivered to the Agency during each month of that Water Year.
(C) A water delivery schedule may be amended by the District upon the Agency's written
request, and subject to (i) the circumstances described in Article 4(B) hereof and (ii) the pre-existing
LOPEZ WATER CONTRACT 19
---~-_.---
requirements of the District under the water delivery schedules with the Other Agencies for the same
period of time. Proposed amendments to such schedules shall be submitted by the Agency within
a reasonable time prior to the date the desired change is to become effective, and they shall be
subject to review and modification by the District in the same manner as the preliminary water
schedule described in paragraph (B) above.
(D) In no event shall the District be obligated to deliver Project water to the Agency at
a combined instantaneous rate of flow exceeding 3.30 cubic feet per second.
Article 10. Responsibilitv for Delivery and Distribution of Water Beyond Delivery
Points. After Project water has passed the delivery points established in accordance with Article
7 above, neither the District nor its officers, agents or employees shall be liable for the. control,
carriage, handling, use, disposal, distribution or changes occurring in. the quality of such water
supplied to the Agency or for claim of damages of any nature whatsoever, including but not limited
to property damage, personal injury or death, arising out of or connected with the control, carriage,
handling, use, disposal, distribution or changes occurring in the quality of such water beyond said
delivery points, and the Agency shall defend, indemnify and hold harmless the District and its
officers, agents and employees from and against any such damages or claims of damage.
Article 11. Operation and Maintenance ofProiect and Water Enter,prise. The parties
hereto acknowledge and agree that the primary goal of the District shall be to maximize deliveries
of Project water, subject to Safe Yield and cost considerations, as to which the District shall be
expected to exercise sound business judgment.
(A) The District covenants and agrees that it will operate and maintain the Project, as
improved by the Seismic Remediation Improvements, in accordance with all governmental laws,
ordinances, approvals, rules, regulations and requirements, including, without limitation, such
LOPEZ WATER CONTRACT 20
__.___'n.._._.._'_____
zoning, sanitary, pollution, environmental and safety ordinances and laws and such rules and
regulations thereunder as may be binding upon the District. The District further covenants and
agrees that it will maintain and operate the Project and all pumps, machinery, conduits, apparatus,
fixtures, fittings and equipment of any kind in or that shall be placed in any building or structure or
made a part of any conduit or easement now or hereirlter at any time constituting part of the Project
in good repair, working order and condition, and that it will from time to time inspect and test all
Project facilities against then-current water supply industry standards, and to pursue or recommend
all necessary and proper replacements, repairs, renewals and improvements thereto.
(B) In order to satisfy its covenants set forth in this Article, the District shall detennine,
prior to each Water Year, the amount of Capital Reserves necessary for the Project for the upcoming
Water Year, shall prepare its draft annual budget by no later than March 1 to reflect such Capital
Reserves, shall provide copies of each such budget to the Zone 3 Advisory Committee, the Agency
and the Other Agencies for review and comment, prior to its distribution to and consideration by the
Board of Supervisors of the County, and shall, if deemed necessary or advisable, develop and
promulgate to the Agency and the Other Agencies a multi-year improvement plan for the Project,
reflecting the annual requirements for Capital Reserves.
(C) At any time, or from time to time, without the consent of the Agency or any Other
Agency, the District shall be entitled to undertake the construction or equipping of any Additional
Project or other improvements to or repairs of the Project not comprising a Type III Additional
Project, but only if (i) it shall determine that such Additional Project, improvements or repairs are
necessary in order to keep the Project functioning at the levels and to maintain the water supply at
the quality required hereunder and under the other Water Supply Contracts; or (ii) competent
Governmental Authority shall direct such Additional Projects, improvements or repairs; provided
LOPEZ WATER CONTRACT 21
that. before an Additional Project other than a Type ill Additional Project, improvements or repairs
may be ordered pursuant to direction of competent Governmental Authority, the District, the Agency
. and the Other Agencies shall be afforded notice thereof and the opportunity to oppose the imposition
of such requirement before a court of competent jurisdiction; only if a [mal judgment is thereafter
rendered, in favor of such Additional Proj ect, improvements or repairs, or if no such opposition is
filed, shall an Additional Project other than a Type III Additional Project, improvements or repairs
be constructed or made pursuant to this clause (ii). Emergency repairs to the Project may,
notwithstanding the above, be made by the District without the requirement of notice and
opportunity to oppose described herein. It is the intention of the parties hereto that the District shall,
as and when necessary, be deemed to assign its rights to pursue opposition to the creation of any
obligations hereunder by a Governmental Authority to the Agency and/or the Other Agencies, as
their interests may appear, in recognition ofthe status of the Agency and the Other Agencies as third
party beneficiaries hereof and real parties in interest. No preexisting right of the Agency or the Other
Agencies to pursue actions administratively, by law or in equity associated with the construction,
maintenance and operation ofthe Project shall be abrogated by the Agency or such Other Agencies
by its or their execution of this Contract or the other Water Supply Contracts.
(D) For its part, the Agency covenants and agrees:
(1) not to sell, lease or otherwise dispose of its Water Enterprise or any part thereof
essential to the proper operation thereof or to the earning or collection of the gross revenues ofthe
Water Enterprise, nor to enter into any agreement or lease which would impair the operation of the
Water Enterprise or any part thereof necessary in order to secure adequate revenues for the payment
of amounts due under this Contract; provided, however, that any real or personal property which has
become nonfunctional or obsolete or which is not needed for the efficient operation of the Water
LOPEZ WATER CONTRACT 22
-~.._~_._-
Enterprise may be sold or disposed of if such disposition will not have the effect of reducing
revenues of the Water Enterprise below the levels required under this Contract;
(2) to maintain and preserve the Water Enterprise in good repair and working order at
all times, operate the same in an efficient and economical manner and pay all operation and
,
maintenance costs of the Water Enterprise as they become due;
(3) not later than the first day of each Fiscal Year, to adopt and make available to the
District a budget approved by its governing board setting forth the amounts budgeted to be paid
under this Contract;
(4) to comply with, keep, observe and perfonn all agreements, conditions, covenants
and tenns, express or implied, required to be perfonned by it contained in all contracts for the use
of the Water Enterprise and all other contracts affecting or involving the Water Enterprise to the
extent that the Agency is a party thereto;
(5) not to create or allow any lien on or payment from the revenues of the Water
Enterprise or any part thereof prior to or superior to its obligation to pay amounts payable under this
Contract;
(6) to procure and maintain such insurance relating to the Water Enterprise which
it shall deem advisable or necessary to protect its interests, which insurance shall afford protection
in such amounts and against such risks as are usually covered in connecti9n with similar water
enterprises in the State of California; provided, that the Agency shall not be required to procure or
maintain any such insurance unless such insurance is commercially available at reasonable cost; and
provided further, that any such insurance may be maintained under a self-insurance program, so long
as such self-insurance program is maintained in accordance with standards and in such amounts as
are then usually maintained for similar water enterprises in the State of California;
LOPEZ WATER CONTRACT 23
.__.~---_._.....-
(7) to pay and discharge all taxes, assessments and others governmental charges
which may hereafter be lawfully imposed upon the Water Enterprise or any part thereof when the
same shall become due; duly observe and conform with all valid regulations and requirements of any
governmental authority relative to the operation of the Water Enterprise, that are not being contested
in good faith; and
(8) if all or any material part of the Water Enterprise shall be taken by eminent
domain proceedings, or if the Agency receives any insurance proceeds resulting from- a casualty loss
to any material portion of the Water Enterprise, the proceeds thereof shall be used to construct or
install replacements for the condemned or destroyed components of the Water Enterprise or to
prepay the Agency's share of Debt Service under this Contract.
Article 12. Water Ouality. All water delivered to the Agency under this Contract shall
meet all State of California and San Luis Obispo County minimum water quality standards for water
for domestic use.
Article 13. Curtailment of Delivery ofProiect Water for Maintenance Purposes. The
District may temporarily discontinue or reduce the amount of water to be furnished to the Agency
for purposes of maintaining, repairing, replacing and investigating or inspecting, any of the facilities
necessary for the furnishing of Project water to the Agency hereunder. Insofar as it is feasible, the
District will give the Agency advance notice of any such temporary discontinuance or reduction,
except in the case of emergency, in which case no advance notice need be given. In the event of
such discontinuance or reduction, the District will apply its best efforts to minimize the duration and
severity of service interruption hereunder and shall, as nearly as possible, make available to the
Agency Project water sufficient to make up for any shortfall in deliveries of water to the Agency
during the period of curtailment.
LOPEZ WATER CONTRACT 24
Article 14. Rate and Method of Payment. Commencing with the fIrst Water Year during
which Project water is made available to the Agency hereunder, the Agency shall pay to the District
in advance and on a semiannual basis, its Contract Payments, calculated and paid in accordance with
the further provisions of this Article, for the Project water made available under this Contract for
such Water Year, plus a variable charge, to be determined as set forth in paragraph (D) of this
Article, to be calculated on a quarterly basis and paid in arrears.
(A)Allocation of Total Project Costs and Debt Service. On or before April 1 of each
Calendar Year, the District shall calculate, or cause to be calculated, Total Project Costs for the
Fiscal Year commencing on the immediately following July 1. The District shall deduct from the
calculated Total Project Costs for such Fiscal Year: (1) the general ad valorem property taxes to be
received by the District during the Fiscal Year in question; provided that any ad valorem taxes levied
and paid to provide debt service on the District's General Obligation Bonds outstanding at any time
shall be restricted to use for the payment of debt service on such General Obligation Bonds and shall
not be included in the deducted amount represented by the foregoing clause; and (2) a sum equal to
Recreational Use Revenues received by the District during the Fiscal Year about to be concluded.
The result shall comprise the Total Contract Payments due, collectively, from the Agency herel!llder
and from the Other Agencies under their respective Water Supply Contracts.
In determining the Debt Service portion of Total Project Costs during any Fiscal Year to be
supported by the Agency, the District shall make the following calculations:
[(G.O. Debt Service) + (Installment Debt Service)] - (District Revenues) = Allocable
Debt Service ("ADS")
[(proportionate Share) x ADS] = Annual Agency Obligations ("AAO")
AAO - (G.O. Tax Collections) = Agency Debt Service
LOPEZ WATER CONTRACT 25
For purposes of the above calculations, the term "G.o. Debt Service" above refers to the debt
service on the District's General Obligation Bonds; the term "Installment Debt Service" refers to the
installment payments due with respect to the Tax-Exempt Obligations; the term "Proportionate
Share" refers to the Agency's Proportionate Share hereunder; the term "District Revenues" refers
to the amounts available to the District under the second sentence of this paragraph (A) of Article
14; and the term "G.O. Tax Collections" refers to amounts collected to support the General
Obligation Bonds within the boundaries of the Agency during the Fiscal Year in question, based
upon then-current levies; provided, however, that in the case of County Service Area No. 12, such
boundaries shall be deemed to include that area comprising A vila Beach Community Services
District, as well as the area comprising such County Service Area No. 12. In no event shall Agency
Debt Service, as calculated above, be a figure less than zero. The foregoing calculations shall be
performed by the District each Fiscal Year and shall be made available to the Agency with respect
to each Other Agency, as well.
No more frequently than annually, the District shall retain a certified public
accountant, or firm thereof, with the approval of the Zone 3 Advisory Board, which shall be
-
responsible for reviewing and confirming the Agency Debt Service figures resulting from the
foregoing calculations, and reporting the same to the Agency, the District and each Other Agency.
(B) Agency Contract Payments. Unless the Agency shall, in accordance with
paragraph (C) below, be entitled to an offsetting credit, the Agency shall be obligated to pay to the
District:
LOPEZ WATER CONTRACT 26
-..---..--..-..-
(1) on or before July I and the immediately following January I of each
Fiscal Year, a sum equal to one-half of its Percentage Share of charges for Operation and
Maintenance and Capital Reserves for such Fiscal Year;
(2) on or before July I of each Fiscal Year, a sum equal to Agency Debt
Service, as calculated under paragraph (A) above; and
(3) on or before the fifteenth day following the end of each Calendar
Quarter during a Fiscal Year, the variable charge calculated in accordance with paragraph (D) below
for the Calendar Quarter ending on the last day of the Calendar Quarter most recently concluded.
(C) Agency Credits against Contract Payments. The following shall constitute
credits against the obligations of the Agency to pay Contract Payments to the District:
(1) (a) If, prior to the date upon which the District causes the Tax-
Exempt Obligations to be sold, the Agency shall contribute, in cash, a sum as and for its
Proportionate Share of the total amount of costs and expenses projected by the District as the basis
for the Seismic Remediation Project, or any portion of its Proportionate Share, so that the aggregate
principal component of the Tax-Exempt Obligations is reduced by such sum, the Age~cy's
Proportionate Share of Debt Service, and therefore, of Total Project Costs, shall be reduced
accordingly; and
(b) If the Agency shall, following the date of delivery of the Tax-
Exempt Obligations, successfully implement a financing plan within its jurisdiction to fund all or
a portion of Debt Service during the tenn of the Tax-Exempt Obligations through the levy of ad
valorem property taxes, special assessments or special taxes, then the Agency shall be entitled to a
credit from amounts paid under such levy as though such amounts were paid directly by the Agency
LOPEZ WATER CONTRACT 27
hereunder, subject to the prior approval of each rating agency then rating the Tax-Exempt
Obligations and any bond insurer then providing insurance therefor; provided, however, that the
District shall be made a third-party beneficiary of any pledge of such alternate source of revenues,
with the power to enforce collection thereof, in the event the Agency should fail to do so; and
(c) The Agencyshall be entitled to a credit equal to a Percentage
Share of the net revenues the District shall have received from th~ sale of Surplus Water and from
the delivery of any water wheeled for Wheeling Customers, as defined in and pursuant to the
provisions of Section 31, during the Fiscal Year in question; in detennining the amount of such
wheeling credits against the obligations of the Agency hereunder, the District shall apportion its net
revenues from the foregoing sources, taking into account the particular Unit or Units through which
delivery of Surplus Water or wheeled water was made, and shall compare the Agency's Percentage
Share for such Unit or Units with the aggregate Percentage Share for all Other Agencies and the
Agency for such Unit or Units.
(2) On or before December 1 of each year, the District shall deliver to the
Agency a statement as to the actual Operation and Maintenance Costs and Capital Reserve charges
incurred or imposed during the Fiscal Year most recently concluded, and shall set forth in ~uch
statement its detennination as to whether the amounts theretofore paid by the Agency as its
. Percentage Share of estimated charges for Operation and Maintenan.ce Costs and for Capital
Reserves were in excess of or less than its Percentage Share of such costs and charges for the Fiscal
Year most recently concluded. If the Agency shall have paid less than its Percentage Share of actual
Operation and Maintenance Costs and charges for Capital Reserves for such Fiscal Year, the
Agency shall remit the difference to the District within (180) days of the date upon which it receives
such a statement; if the Agency shall have paid more than its Percentage Share of such costs and
LOPEZ WATER CONTRACT 28
charges for such Fiscal Year, the District shall rebate the difference to the Agency promptly
following its delivery of the closing statement, and, in any event, within thirty (30) days thereafter.
(D) Quarterly Variable Charges. The sum of quarterly variable charges to the
Agency and the Other Agencies shall be an amount which is estimated to be sufficient to compensate
the District for actual Project pumping energy charges incurred during the respective Calendar
Quarter. The variable charge shall be detennined for each Calendar Quarter during which Project
water is made available to the Agency under this Contract by (1) dividing the District's actual cost
of pumping energy during that Calendar Quarter by the total acre-feet of Project water delivered by
the District during such Calendar Quarter to the Agency and all Other Agencies pursuant to this
Contract and the other Water Supply Contracts, and (2) multiplying this acre-foot charge by the
number of acre-feet of Project water delivered by the District to the Agency during such Calendar
Quarter. The District shall notify the Agency in writing of such variable charge by a date no later
than the fifteenth day following the end of each Calendar Quarter, for the variable charges
attributable to the Calendar Quarter most recently concluded.
(E) Use by District of Total Contract Payments. During the tenn of this
Contract and of the other Water Supply Contracts, the District shall proceed with due diligen~e to
collect Total Contract Payments as and when due, and shall apply amounts collected in the following
order of priority:
(1) to the payment of Operation and Maintenance Costs;
(2) to the payment of Debt Service with respect to the Tax-Exempt
Obligations; and
(3) to the replenishment or funding of Capital Reserves for the Project,
in accordance with the provisions set forth in Article 10 hereof.
LOPEZ WATER CONTRACT 29
Article 15. Take-or-Pay Obligation of Agency. Commencing on the first date upon
which Project water is provided under this Contract, the Agency shall pay all amounts due
hereunder, including, without limitation, under Article 14 hereof, without reduction or offset of any
kind, whether or not the Project or any part thereof is then operating or operable or its service is
suspended, interfered with, reduced or curtailed or terminated in whole or in part, due to any of the
reasons outlined in Articles 4(B), 5 and 13 or otherwise, and such Agency payments shall not be
conditional upon the performance or nonperformance by any party for any cause whatsoever,
including the Other Agencies; urovided, however, that savings from nonoperation of the Project shall
be apportioned among the Agency and the Other Agencies in accordance with their Percentage
Shares.
The Agency's failure or refusal to accept delivery of Project water to which it is
entitled under this Contract shall in no way relieve the Agency of its obligation to make payments
to the District as provided for herein.
Article 16. Pledge: Establishment and Collection of Rates and Charges. The
Agency, unless it shall have paid cash as its share of the Total Project Costs, as provided in Article
14(C)(1) hereof, hereby pledges gross water sale revenues of its Water Enterprise to its obligations
under this Contract, and covenants and agrees to establish, fix and collect Rates and Charges from
the customers of its Water Enterprise at levels sufficient to produce revenues from the Water
Enterprise at least equal to (A) the costs of operating and maintaining the Water Enterprise, plus (B)
the Agency's Contract Payments, calculated in accordance with Article 14(B) hereof, including (C)
the Agency's Proportionate Share of Debt Service, plus (D) the Coverage Factor for the Debt Service
portion of the Agency's Contract Payments; provided, however, that the provisions of Article 21(C)
hereof may impose upon the Agency a surcharge following the occurrence of any payment default
LOPEZ WATER CONTRACT 30
_....,-"_.__._~,.~_...-
by the Agency. The Agency acknowledges and agrees that its obligations hereunder shall comprise,
for accounting purposes, an operation and maintenance expense of its Water Enterprise.
Article 17. Default. (A) The following shall constitute events of default hereunder:
(1) The Agency shall fail to make timely payment in full of all amounts
due from the Agency under the terms ofthis Contract; or
(2) The Agency shall fail to establish or collect, or cause to be collected,
all fees, charges and other sums necessary to enable it to make the payments required hereunder, as
provided in Article 16 hereof, and, following thirty (30) days' written notice from the District to the
Agency, shall fail to remedy such failure to the satisfaction of the District; or
(3) The Agency shall fail to perform any other obligation or covenant
hereunder and shall fail to remedy such failure to the satisfaction ofthe District within thirty (30)
days following the Agency's receipt of written notice from the District, or for such additional time
as is reasonably required, in the sole discretion ofthe District, to correct the same; or
(4) The Agency shall file any petition or institute any proceedings under
any act or acts, State or federal, dealing with or relating to the subject of bankruptcy or insolvency
or under any amendment to such act or acts, either as a bankrupt or as an insolvent or as a debt_or or
in any similar capacity, wherein or whereby the Agency seeks or prays to be adjudicated a bankrupt
or is to be discharged from any or all of its debts or obligations, or offers a reorganization of its
obligations for the benefit of creditors, or asks for similar relief.
(B) Upon the occurrence of an event of default hereunder, the District shall be
entitled to proceed to protect and enforce the rights vested in the District by this Agreement by
appropriate judicial proceedings as the District may deem most effective, either in equity or law.
LOPEZ WATER CONTRACT 31
--"~_.._- ~_.-
Without limiting the generality of the foregoing, the District shall be entitled to pursue any of the
following remedies:
(1) The District may suspend the delivery of water hereunder during the
period when the Agency is delinquent in its payment for or other obligations to the District
hereunder, but only following notice to the Agency and the imposition of such remedy following a
formal hearing conducted by the County Board;
(2) The District may compel the Agency, or itsgoveming board, by
action or suit in equity to account to the District as the trustee of an express trust;
(3) The District may pursue by action or suit in equity to enjoin any acts
or things which may be unlawful or in violation of the rights of the District hereunder; and
(4) The District may proceed in mandamus or other suit, action or
proceeding at law or in equity to enforce its rights against the Agency (and its board, officers, agents
and employees) and to compel the Agency to perform and carry out its duties and obligations under
the law and its covenants and obligations as set forth herein.
The use by either party to this Contract of any remedy specified herein for the
enforcement of this Contract is not exclusive and shall not deprive the party using such reme~y of,
or limit the application of, any other remedy provide hereunder or by law or equity.
(C) Upon each charge to be paid by the Agency to the District pursuant to this
contract which remains unpaid after the same shall have become due and payable, interest shall
accrue at an annual rate equal to that earned by the County Treasurer's investment fund as provided
in Government Code Section 16480 et seq. calculated monthly on the amount of such delinquent
payment ftom and after the due date when the same becomes due until paid, and the Agency hereby
agrees to pay such interest; provided, that no interest shall be charged to or be paid by the Agency
LOPEZ WATER CONTRACT 32
.-..-.....---.-------...-
unless such delinquency continues for more than thirty (30) days. The Agency hereby agrees to pay
such interest to the District, whether or not the District shall pursue any of the remedIes specified
in this Article. In no event shall default interest be compounded.
Article 18. Failure to Levv. Set or Collect Taxes. Rates and Charges: Establishment
of Coverage Account. If the Agency for any reason shall fail or refuse to establIsh or levy taxes or
Rates and Charges sufficient to satisfy the requirements of Article 16 hereof, or if the Agency shall
be precluded from establishing rates and charges at the levels required in said Article 16, then the
Agency shall promptly notify the District of such fact, in writing, and shall establish either (a) with
the District; or (b) with a Depository designated by the Agency to the District in writing; a Coverage
Account, into which the Agency shall deposit, from the first lawfully available funds therefor, an
amount equal to one year's Coverage Factor for the Debt Service portion of the Agency's Contract
Payments hereunder. The Coverage Account shall be invested in accordance with applicable
provisions ofthe Government Code, subject to any limitations established pursuant to Section 148
of the Internal Revenue Code of 1986, as amended, applicable to surplus moneys of the Agency and
shall be and remain available to the Agency and to the District as a source of funds to remedy any
shortfall in the payment of Agency Contract Payments hereunder. The Coverage Account shall be
pledged to the District for the purposes described herein, and the Agency covenants and agrees to
execute such instruments as may be necessary in order to effect a pledge of amounts on deposit in
the. Coverage Account, acknowledging and agreeing as well to follow the advice of special tax
counsel to the District in connection with the pledge and investment of the Coverage Account, as
may be necessary or advisable in order to maintain the tax status of the Tax-Exempt Obligations.
If at any time following the establishment of the Coverage Account hereunder, the
Agency shall again be able to and shall collect rates and charges as required under Article 16 hereof,
LOPEZ WATER CONTRACT 33
the Coverage Account may be released to the credit and name of the Agency for any lawful purpose
thereof, upon delivery to the District of evidence satisfactory to the District that (i) the Agency has
successfully levied rates and charges for its Water EnteIprise at the appropriate levels for at least one
full Fiscal or Water Year since the Coverage Account was first created, and (ii) the Agency is then
current on all payments due under this Contract; whereupon, the District shall either release the
Coverage Account to the Agency or shall direct the Depository to do so, free from the lien described
herein.
Article 19. Area Served by Agency. Water delivered to the Agency pursuant to this
Contract shall not be sold or otherwise disposed of by the Agency for use outside the boundaries of
Zone 3 as they may now or hereafter exist, without the prior written consent of the District.
Article 20. Changes in Organization of Agency. The Agency will furnish the
District with maps showing the territorial limits of the Agency and the service area or areas of its
water distribution system. Throughout the term of this Contract, the Agency will promptly notify
the District of any changes, either by including or exclusion, in said territorial limits and service area
or areas. The Agency shall take no action to exclude any lands from the Agency or its service area
or areas without the prior written consent of the District.
Article 21. Agency's Obligations Several and Not Joint: Limited Step-UD Provisions
and Reimbursement. (A) Except as provided in paragraph (B) ofthis Article, the Agency and the
Other Agencies shall be solely responsible and liable for performance under this Contract or under
the other Water Supply Contracts, as applicable. Their obligations to the District to make payments
under this Contract and the other Water Supply Contracts are expressly recognized by the District
as several, and not joint, and no default on the part of one of the Other Agencies shall, in and of
itself, create an event of default hereunder. The Coverage Account of the Agency, if any is
LOPEZ WATER CONTRACT 34
._~._......,---._-~---- -..------
established hereunder, shall not be available for any shortfall in payments under any of the other
Water Supply Contracts, unless otherwise directed or approved in writing by the Agency.
(B) In .the event that the Agency or any Other Agency (each, a "Delinquent
Agency") shall fail to pay its Contract Payments hereunder or under the Other Agency's Water
Supply Contract, as appropriate, for any reason, then the Contract Payments for each non-
delinquent agency (each, a ''Non-Delinquent Agency") then participating in the Project shall be
increased for the particular Water Year by an amount equal to the sum of Contract Payments not paid
in full by Delinquent Agencies (collectively, the "Shortfall"); provided, however, that Non-
Delinquent Agencies shall contribute to the Shortfall in a proportion detennined by dividing the Debt
Service portion of the Contract Payments attributable to each particular Non-Defaulting Agency by
the aggregate Debt Service portions of the Contract Payments attributable to all Non-Defaulting
Agencies; and provided further, that the Agency in no event shall be required under this paragraph
to contribute to the Shortfall by an amount in any Water Year exceeding the amount which is 20%
of the portion of the Agency's Contract Payments representing Debt Service for that Water Year.
(C) If payments are made by Non-Delinquent Agencies under the foregoing
paragraph (B) during any Water Year, the District shall, beginning on the first date upon which
payments are due from a Delinquent Agency and not paid in accordance with its Water Supply
Contract (each, a "Due Date"), declare a default as to such Delinquent Agency under its Water
Supply Contract and shall be entitled to curtail all deliveries of Project water under such Water
Supply Contract to such Delinquent Agency; notwithstanding the foregoing, such Delinquent
Agency shall nonetheless continue to be obligated under its Water Supply Contract for amounts paid
on its behalf by the Non-Delinquent Agencies, until it has reimbursed each Non-Delinquent Agency
LOPEZ WATER CONTRACT 35
-.---......-..---
in full. Amounts advanced by the Non-Delinquent Agencies hereunder are immediately due and
payable by the responsible Delinquent Agency, and, if not so paid, and notwithstanding the
provisions of Article 17(C), incur interest on the unpaid portion until paid in full at a rate per annum
equal to the average rate for the County Treasury Pool, plus two percent (2.0%) per annum, for the
month for which the County Treasury Pool rate was most recently calculated, based on a 360-day
year of twelve 3D-day months; provided, however, that payments to be made as reimbursements
under this paragraph (C) are deemed and understood to be subordinate to the obligations of the
Delinquent Agencies to pay their Proportionate Shares of Debt Service.
(D) Shortfalls in Total Contract Payments shall be remedied under this Article
prior to the District's making any withdrawal from the debt service reserve fund established, or
under the reserve surety bond posted, for the Tax-Exempt Obligations~ if any, drawings on or under
which shall be delayed until and unless insufficient moneys are available from Non-Defaulting
Agencies hereunder.
(E) The District covenants and agrees to enforce the provisions of this Water
Supply Contract with due diligence, including, without limitation, the provisions of this Section for
the benefit of the owners, from time to time, of the Tax-Exempt Obligations. Article 22.
provide for different dates, quantities of water to be delivered, water delivery points, Proportionate
Shares and Percentage Shares and payment amounts.
Article 23. Amendments. This Contract shall be subject to amendment at any time
by mutual agreement of the parties hereto, except insofar as any proposed amendments are in any
way contrary to applicable law, or would have a material adverse effect upon the owners of any of
the Tax-Exempt Obligations. As a condition to any amendment to this Contract or to the other
Water Supply Contracts, the District shall first have received written confirmation from the rating
LOPEZ WATER CONTRACT 36
^^-----'-------- --- ---
agency or agencies then providing a rating for the Tax-Exempt Obligations, to the effect that the
proposed amendments will not adversely affect the rating of the Tax-Exempt Obligations and, in the
event that the Tax-Exempt Obligations, or any portion thereof, shall be covered by municipal bond
insurance, the District shall have received prior written consent to such proposed amendments.ftom
the provider of such bond insurance. Amendments may be effected upon the following conditions:
(A) Amendments to this Contract or the other Water Supply Contracts which have
the effect of replacing the Agency's or any Other Agency's Proportionate Share of Project water or
Percentage Share of Total Contract Payments with water purchases by or revenues contributed ftom
either (i) the Agency or some Other Agency or (ii) a new customer, shall be subject to the approval
only of those entities whose Proportionate Shares or Percentage Shares will be affected, and the
District.
(B) Upon the written request of the Agency or any Other Agency, the District
may order the construction or equipping of any Type ill Additional Project; provided, however, that
the requesting Agency or Other Agency shall first demonstrate to the satisfaction of the District that
either (i) the proposed Type III Additional Project will be economically feasible with the financial
support of only the requesting Agency and/or Other Agencies who voluntarily participate (whose
Percentage Shares will thereafter be appropriately adjusted); or (ii) the Agency and all of the Other
Agencies will consent to the funding of the Type III Additional Project and will agree to increase
Total Project Costs sufficiently to provide for the costs thereof. The financing of a Type III
Additional Project may be accomplished through the levy of additional Capital Reserves, the
issuance of additional bonds or other evidences of indebtedness or otherwise. The undertaking of
Type I or Type II Additional Projects shall not require the consent of the Agency or any Other
Agency nor the amendment of this Contract.
LOPEZ WATER CONTRACT 37
(C) Amendments to this Contract and to the other Water Supply Contracts other
than those specified above shall be approved only upon the prior written and unanimous consent of
the District, the Agency and all Other Agencies.
Article 24. Opinions and Detenninations: Good Faith: Infonnation to Be Provided
'"'
to Zone 3 Advisory Committee. (A) Where the tenns of this Contract provide for action to be based
upon opinion, judgment, approval, review or determination of either party hereto, such tenns are not
intended to and shall never be construed to pennit such opinion, judgment, approval, review of
detennination to be arbitrary, capricious or unreasonable. The District and the Agency shall each
act in good faith in perfonning their respective obligations as set forth in this Contract.
(B) The Zone 3 Advisory Committee, created by appointment of designated
representatives made by the Agency, each Other Agency and the District, is hereby continued for
the pwpose of advising the District regarding administrative and operational concerns affecting the
Project. The District cove~ants and agrees to present to the Zone 3 Advisory Committee, at its
regularly scheduled or specially called meetings, the following items for advice and comment, in
each case, prior to final presentation of the same item to the Board of Supervisors of the County:
(i) the annual budgets for the District;
(ii) the approval of each non-emergency Capital Project which has not
theretofore been included in an annual budget of the District; it- being understood and
agreed that emergency repairs and improvements shall be exempt from any
requirement for preview established hereby;
(iii) the mid-year review of actual fiscal perfonnance of the Project, provided
for the then-current Fiscal Year, and in any event, prior to March 31 of each calendar
LOPEZ WATER CONTRACT 38
year, which may, to the extent practicable, be combined with the reyiew of the
District's annual b~dget for the next Fiscal Year; and
(iv) amendments to the methodology or formula established in County Board
Resolution No. 2000-133, adopted April 4, 2000, with respect to the making of
Recreational Budget Transfers.
Article 25. Waiver of Rights. Any waiver at any time by either party hereto of its
rights with respect to a breach or default, or any other matter arising in connection with this Contract,
shall not be deemed to be a waiver with respect to any other breach, default or matter hereunder, nor
as to a breach or default occurring or having occurred under any other Water Supply Contract.
Article 26. Notices. All notices that are required either expressly or by implication
to be given by either party to the other under this Contract shall, if given in writing, be executed on
behalf of the District or for the Agency by such authorized officers as they may each, from time to
time, authorize in writing for such purposes. All notices shall be deemed to have been given and
delivered if delivered personally or if deposited, postage prepaid, with the United States Postal
Service for delivery. Unless and until formally notified otherwise, all notices shall be addressed to
the parties at their addresses shown on the signature page of this Contract; provided, however~ that
either party may give written notice to the other of a change in such notice address.
Article 27. Assignment Pledge. The provisions of this Contract shall apply to and
bind the successors and assigns ofthe respective parties, including any assignee hereof designated
in connection with the execution and delivery of the Tax-Exempt Obligations, but no assignment
or transfer of this Contract by the Agency, or any part hereof or interest herein, shall be valid until
and unless approved by the District; provided, however, that no further assignment by the District
shall be valid until and unless approved by the Agency and all of the Other Agencies; and provided
LOPEZ WATER CONTRACT 39
further, that, so long as any Tax-Exempt Obligations are outstanding, no such assignment shall be
effective until such time as the District has received assurances from each rating agency then rating
the Tax-Exempt Obligations, to the effect that such transfer shall not adversely affect the rating on
the Tax-Exempt Obligations, and, so long as any Tax-Exempt Obligations are then being insured
by a municipal bond insurance company, until such time as the District has received the written
consent :trom such bond insurer as to such assignment. The Agency understands and acknowledges
that the District intends to pledge amounts received and to be received hereunder and under the other
Water Supply Contracts to a financial institution and/or nonprofit corporation as further support for
its obligations under the Tax-Exempt Obligations.
Article 28. Inspection of Books and Records. The authorized officers of the Agency
shall have full and free access at all reasonable times to the account books and official records of the
District insofar as the same pertain to the matters and services provided for in this Contract, with the
right at any time during regular office hours of the District to make copies thereof at the Agency's
expense, and the authorized officers of the District shall have similar rights in respect to the account
books and records ofthe Agency for its Water Enterprise.
Article 29. Severability . Any provision of this Contract that is prohibited,
.
unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition, unenforceability or nonauthorization without invalidating the remaining
provisions hereof of affecting the validity, enforceability of legality of such provision in any other
jurisdiction.
Article 30. Water Rights. No provision ofthis Contract shall be considered to be in
derogation of any existing waiver o{right(s) or claim(s) to Water Right(s) by or any agreements
concerning Water Rights of either party hereof, including but not limited to overlying, prescriptive,
LOPEZ WATER CONTRACT 40
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appropriative, riparian, or pueblo rights, nor shall it be construed to result in any relinquishment or
adjustment of any such Water Rights or claims thereof; and, in particular, no provision of this
Contract shall be considered to diminish, reduce or affect, in any way, either party's rights pursuant
to California Water Code Section 1005.1 and/or Section 1005.2
Article 31. Wheeling of Water. As used in this Article, the tenn "Existing
Contractor" shall refer to this Agency and any Other Agencies presently having a contract with the
District for the delivery of Project water; any person other than an Existing Contractor which shall
arrange for the delivery of water other than Project water from the District under the tenns hereof
shall be described as a "Wheeling Customer." The Agency, as an Existing Contractor, shall be
entitled to have additional water wheeled to it by the District through the various Units of the
Project, at the actual cost of such wheeling, detennined in accordance with the tenns and conditions
of the existing contracts by and between the District and the Agency or Other Agencies for the
delivery of State Project Water to the Agency or Other Agencies through the Project.
If at any time during the tenn of this Contract, the District delivers water, other than
Project water, through any Unit of the Project to any Wheeling Customer, said Wheeling Customer
shall be required to pay for such delivery service in a manner and at prices which will return to the
District the largest net revenue practicable, but in no event shall such deliveries be effected at
charges less than those applicable to the delivery of Project water to the Agency through the same
Unit or Units.
In detennining the appropriate charges for water delivered to a Wheeling Customer
hereunder, the District shall take into account the particular Unit or Units through which delivery
of such water is made, shall compare the Operation and Maintenance Costs and Debt Service costs
apportionable to such Unit or Units with Total Project Costs, and shall further compare the amount
LOPEZ WATER CONTRACT 41
of water delivered to Wheeling Customers through such Unit or Units with the amount of Project
water delivered to Existing Contractors through such Unit or Units for the same period oftime.
In calculating credits to the Existing Contractors trom the delivery of water to
Wheeling Customers under this Contract and the other Water Supply Contracts, the District shall
apportion such credits according to the Unit or Units through which such water was in fact delivered,
as described in the preceding paragraph.
The provisions of this Article shall be subject to any contracts which the District may
execute with the United States of America for any grants trom the Department of Housing and Urban
Development.
Article 32. Execution in Counterparts. This Contract may be executed in several
counterparts, each of which shall be regarded as an original and all of which shall constitute but one
and the same document.
Article 33. Governing Law. This Contract shall be interpreted, governed and
enforced in accordance with the laws of the State of California applicable to contracts made and
perfonned in such State.
LOPEZ WATER CONTRACT 42
^~...._~.."
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date
first above written.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
Chair, Board of Supervisors
Address for Notices:
County Government Center
San Luis Obispo, California 93408
Engineering Department
Attn: County Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Senior Deputy County Counsel
ATTEST:
COUNTY CLERK
By
Deputy
THE CITY OF ARROYO GRANDE
By
Mayor
Address for notices:
P.O. Box 550
Arroyo Grande, California 93421
Attn:. City Manager
ATTEST:
By
Director of Administrative Services/
Deputy City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
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LOPEZ WATER CONTRACT 43
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EXHIBIT A
THE PROJECT
Alluvium Strengthening
A portion of the downstream shell of Lopez Dam will be removed temporarily to allow
access for strengthening of the foundation with stone columns. The area of alluvium to be excavated
would extend about 150 feet downstream from the existing toe of the dam, and the excavation would
be to approximately elevation 340 feet in the center and to 370 feet on the sides. The total volume
of excavated materials to be temporarily stored is estimated to be 400,000 to 500,000 cubic yards
(cy). This includes the topsoil, which will be salvaged and stored separately. During excavation of
the alluvium and installation ofthe stone columns, groundwater will need to be lowered as much as
30 feet in the excavation area. In addition, the outlet control building, portions of the associated
piping, and the outflow channels connecting to Arroyo Grande Creek will need to be relocated
downstream prior to the excavation, or a temporary bypass will need to be constructed, so that the
outlet works can remain operational during the work. The bypass flows could enter the creek either
through an existing pipe that discharges at the County property line (about 1,000 feet downstream)
or at a location developed by the construction contractor near the western edge of th(( abandoned
trout farm ponds. The outlet control building will be moved approximately 300 feet west along the
access road while the channels will be moved into either one or two new channels 50 to 200 feet
downstream from the existing discharge location.
Stone columns will be installed using a crane-operated vibrating probe. The vibration acts
to densify and strengthen the ground, and the stone columns provide additional strength.
Approximately 2000 columns, approximately 3 to 4 feet in diameter, will be installed in a triangular
pattern with the columns spaced at approximately 7 to 9 feet on centers. The area of installation will
extend from abutment to abutment (approximately 570 feet) and be about 200 feet in width
(upstream/downstream distance) under the existing benn of the downstream shell. Gravel xp.aterial
for the stone columns (65,000 to 75,000 cy) will be imported by truck throughout the process.
The downstream benn, including the filter/drain material, will be replaced after the columns
are installed using the material removed and stored as well as additional filter/drain material
imported from a commercial source. Additional buttress material will be placed over the
downstream shell after the stone columns are installed and the alluvium and shell materials that were
removed are replaced. As a result, the Dam crest would be widened by approximately 130 feet. The
buttress may be extended if testing during stone column installation indicates that strengthening of
the alluvium is less than predicted. This additional buttress would require 200,000 to 400,000 cy
of material.
Water level in the reservoir will need to be maintained at or below the currently mandated
level of 510 feet, possibly down to elevation 480 feet. Construction is estimated to take
approximately 18 months.
LOPEZ WATER CONTRACT A-I
Dewatering will be necessary during excavation of the alluvium to elevation 340 feet,
installation of the central stone columns, and replacement of the alluvium to maintain the ground
water level approximately 10 feet below the excavated ground surface. Dewatering may also be
required during excavation ground surface. Dewatering may also be required during excavation of
the borrow material for the buttress if groundwater is encountered.
Borrow areas for material needed in strengthening the dam can come ftom the Arroyo
Grande Creek floodplain downstream of the dam that was excavated during the original construction
of the dam. Approximately 25,000 to 35,000 cy of commercially obtained materials are expected
to be required for "filter and drain" zones of the Dam. The materials will be needed at the beginning
of backfill after the stone columns are completed.
Appurtenant Facility Improvements
The left abutment has been suspected of having seepage, and the spillway structure (on the
right abutment) requires repairs to areas of the concrete floor and walls. Construction activities will
occur at the spillway and at the left abutment to correct these problems.
Seepage in the left abutment may have carried some abutment materials out though the
drains in the dam, resulting in voids. Grouting will be used to reduce this seepage by filling any
such voids. This work is independent of the remediation activities and could be performed in
parallel with them.
LOPEZ WATER CONTRACT A-2
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