Agenda Packet 2008-02-26City Council
Tony Ferrara, Mayor/Chair
Chuck Fellows, Mayor ProTemNice Chair
Joe Costello, Council/Board Member
Jim Guthrie, Council/Board Member
Ed Arnold, Council/Board Member
Agenda
Steven Adams, City Manager/Executive Director
Timothy J. Carmel , City Attorney/General Counsel
Kelly Wetmore, City Clerk/Agency Secretary
AGENDA SUMMARY
CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
TUESDAY, FEBRUARY 26,2008
7:00 P.M.
1. CALL TO ORDER:
2. ROLL CALL
3. FLAG SALUTE:
4. INVOCATION:
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
7:00 P.M.
COUNCIL/RDA
AMERICAN LEGION POST NO. 136
PASTOR ROBERT UNDERWOOD
FIRST UNITED METHODIST CHURCH
5. SPECIAL PRESENTATIONS:
5.a. Honorary Proclamation Recoanizina February 26. 2008 as "SDav Dav USA"
5.b. Honorary Proclamation Recognizing February 2008 as "MDA Firefighter
Appreciation Month"
5.c. Honorary Proclamation Recognizing Ella Honeycutt for Her Years of Service to
the Coastal San Luis Resource Conservation District
6.
6a.
Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY— FEBRUARY 26, 2008
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the City
Council. The Brown Act restricts the Council from taking formal action on matters not
published on the agenda. In response to your comments, the Mayor or presiding
Council Member may:
♦ Direct City staff to assist or coordinate with you.
♦ A Council Member may state a desire to meet with you.
♦ It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
♦ Comments should be limited to 3 minutes or less.
♦ Your comments should be directed to the Council as a whole and not directed
to individual Council members.
♦ Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council
Member may request that any item be withdrawn from the Consent Agenda to permit
discussion or change the recommended course of action. The City Council may
approve the remainder of the Consent Agenda on one motion.
8.a. Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period
February 1, 2008 through February 15, 2008.
8.b. Consideration of Statement of Investment Deposits (KRAETSCH)
Recommended Action: Receive and file the report of current investment deposits as
of January 31, 2008.
8.c. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special City Council Meeting
and the Regular City Council Meeting of January 22, 2008, as submitted.
8.d. Consideration of ADDointment of Citv Council Brisco Road/Halcvon Road -Route
101 Interchange Project Subcommittee (ADAMS)
Recommended Action: 1) Approve formation of a City Council subcommittee to
coordinate with staff and report back to City Council regarding efforts related to the
Brisco Road/Halcyon Road —Route 101 Interchange Improvement Project; and 2)
Appoint Mayor Ferrara and Council Member Arnold to the subcommittee.
AGENDA SUMMARY— FEBRUARY 26, 2008
PAGE 3
8. CONSENT AGENDA (cont'd):
8.e. Consideration of a Settlement Aareement with Insurance Comaanv of the West
in the amount of $37,403.00 for Construction Defects to Well No. 10, Phase I
Project, PW 2004-07 (SPAGNOLO)
Recommended Action: Authorize the Mayor to sign an agreement with Insurance
Company of the West in the amount of $37,403.00 for construction defects to the Well
No. 10, Phase I Project, PW 2004-07.
8.f. Consideration of a Consultant Services Agreement with Boyle Engineering
Corporation for the Design of the Fair Oaks Avenue Sewer Upgrade Promect, PW
2007-07 (SPAGNOLO)
Recommended Action: 1) Approve an Agreement with the Boyle Engineering
Corporation in the amount of $37,746 for the Fair Oaks Avenue Sewer Upgrade
Project, PW 2007-07; and 2) Authorize the Mayor to execute the Agreement.
8.g. Consideration of a Program of Promects for the City of Arroyo Grande's FY 2007-
08 Share of Proposition 1 B Funds (SPAGNOLO)
Recommended Action: 1) Approve a program of projects for the City of Arroyo
Grande's FY 2007-08 share of Proposition 1 B funds; and 2) Direct staff to forward the
spreadsheets presenting the City's program of projects to the California Department
of Finance.
8.h. Consideration of a Resolution Establishing a Job Description and Salary Range
for the Part Time Office Assistant II Position (STRONG)
Recommended Action: Adopt a Resolution establishing a job description and salary
range for the part time Office Assistant 11 position.
8.i. Consideration of a Resolution ADDrovina ADDlication for Land and Water
Conservation Grant Funds for the Meadow Creek Path Connection Project
(PERRIN)
Recommended Action: Adopt Resolution approving filing of an application for Land
and Water Conservation Grant Funds for the Meadow Creek Path Connection
Project.
8.j. Consideration of Agreement for Consultant Services for Preparation of an
Affordable Housing In -Lieu Fee Nexus Study; Applicant: City of Arroyo Grande;
Location: Citywide (STRONG)
Recommended Action: Approve an Agreement with Tierra West Advisors for
preparation of an Affordable Housing In -Lieu Fee Nexus Study in an amount not to
exceed $22,500.
8.k. Consideration to ADDrove Construction Plans and Specifications for the James
Way Rehabilitation Project, PW 2007-06 (SPAGNOLO)
Recommended Action: 1) Approve the construction plans and specifications for the
James Way Rehabilitation Project, PW 2007-06; 2) Find that the James Way
Rehabilitation Project is categorically exempt from CEQA pursuant to Section
15301(c); and 3) Direct the City Clerk to file a Notice of Exemption.
AGENDA SUMMARY— FEBRUARY 26, 2008
PAGE 4
9. PUBLIC HEARINGS:
None.
10. CONTINUED BUSINESS:
10.a. Consideration of City Policy and Regulations Regarding Placement of
Basketball Hoops in the Public Right of Wav (ADAMS)
Recommended Action: Direct staff to continue with the existing practice regarding
regulation and enforcement of basketball hoops in the public right of way.
11. NEW BUSINESS:
11.a. Consideration of Fiscal Year 2007-08 Mid -Year Budget Report (KRAETSCH)
[COUNCIL/RDA]
Recommended Action: 1) Approve detailed budget adjustments listed in the Mid -
Year budget report; 2) Approve Schedules A and B; and 3) Approve (Deny) requests
for additional appropriations in the General Fund.
11.b. Consideration of Modification to California Public EmDlovees' Retirement
System (PERS) Contract for the Local Miscellaneous Members and Local Police
Members (KRAETSCH)
Recommended Action: 1) Approve and authorize the Mayor to sign on behalf of the
City a Resolution of Intention to amend the contract with the California Public
Employees' Retirement System for Local Miscellaneous Members and Local Police
Members; and 2) Introduce an Ordinance amending the contract with the California
Public Employees' Retirement System for Local Miscellaneous Members and Local
Police Members.
11.c. Consideration of Joint Fire Services Aareement with the Citv of Grover Beach
and Oceano Community Services District (ADAMS)
Recommended Action: Approve the proposed Agreement for Joint Fire
Management, Administrative, and Training Services and Equipment Sharing between
the City of Arroyo Grande, City of Grover Beach and Oceano Community Services
District.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Other
AGENDA SUMMARY— FEBRUARY 26, 2008
PAGE 5
12. CITY COUNCIL REPORTS (cont'd):
(b) MAYOR PRO TEM CHUCK FELLOWS:
(1) South County Youth Coalition
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(c) COUNCIL MEMBER JOE COSTELLO:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Fire Oversight Committee
(4) Fire Consolidation Oversight Committee
(5) Other
(d) COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT)
(2) California Joint Powers Insurance Authority (CJPIA)
(3) Other
(e) COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA)
(2) Economic Vitality Corporation (EVC)
(3) Other
13. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and/or request a formal
agenda report be prepared and the item placed on a future agenda. No formal action
can be taken.
a. Request to reconsider tree species proposed in the E. Branch Streetscape
Project and to solicit additional Village business owner input and participation.
14. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a. None.
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
AGENDA SUMMARY— FEBRUARY 26, 2008
PAGE 6
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
18. ADJOURNMENT
*************************
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the
agenda are available for public inspection during regular business hours in the City Clerk's office, 214 E.
Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request
for disability -related modification or accommodation, contact the Administrative Services Department at
805-473-5414 as soon as possible and at least 48 hours prior to the meeting date.
*************************
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports
can be accessed and downloaded from the City's website at www.arroN(ograndg.org
**************************
City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo-spgg.org.
CITY OF
Honorary Proclamation
Recognizing February 26, 2008
as "Spay Day USA"
WHEREAS, dogs and cats provide companionship to and share homes of over 71,000,000 individuals
In the United Mates; and
WHEREAS, humane societies and shelters have to euthanize approxlmately four million dogs and cats
each year, although many of them are healthy and adoptable, due to a lack of critical resources such
as money, space, and good adoptive homes; and
WHEREAS, the problem of pet overpopulation costs the taxpayers of this country millions of dollars
annually through animal control programs aimed at coping with the millions of homeless dogs and
cats; and
WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce dog and cat
overpopulation; and
WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and
private citizens worked together to ensure the spaying or neutering of more than 20,000 companion
animals through "Spay Day USA" in 007; and
WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and
private citizens have joined together again to advocate the spaying and neutering of companion
animals on "Spahr Day USA ooS".
NOW, THEREFORE, BE IT RESOLVED, that 1, Tony Ferrara, Mayor of the City of
Arroyo Grande, on behalf of the City Council, do hereby procialnt February 26,
2008 as "Spay Day IDSA"; and encourage people of Arroyo Grande to observe
the day by having their own dogs or cats spayed or neutered or by sponsoring the
spaying or neutering of another person's dog or cat.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the City of Arroyo Grande to be affixed this 26th day of February 2008.
Tony Ferrara, Mayor
vho
I"CORPORATEO
r JULY 10. 1911 #
t IF004
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.a.
Page 2
� CITY
lop
Honorary Pmelamatlou 111�xing
February 2008 as
NMDA Fire Fighter Appreciation Month"
WHEREAS, EAS, Fire Fighters have been working with the Muscular Dystrophy Association in their
fight against neuromuscular disease for over 54 years; and
WHEREAS, in 2007# J.S. Fire Fighters raised more than $28 million throughout the country in
support of the Muscular Dystrophy Association's many causes; and
WHEREAS, EAS, through their daily service to communities and their dedication to the Muscular
Dystrophy Association, our local Fire Fighters contribute greatly to the well-being of all citizens;
and
WHEREAS, in honor of the effort of our local Fire Fighters, the Muscular Dystrophy
Association is sponsoring February 2008 as "Fire Fighter Appreciation Month."
NOW, THEREFORE, BE IT RESOLVED, that 1, Tory Ferrara, Mayor of the City of Arroyo
Grande, on behalf of the City Council, do hereby proclaim February 2008 as "MDA Fire Fighter
Appreciation Month.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Sear
of the City of Arroyo Grande to be affixed this 26day of February 2008.
TONY F E IAA, MAYOR
OAAO�o
Ir
J" MCOMPOPIAT90o
\JULY 10. loll *
Agenda Item 5.b.
Page 1
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.b.
Page 2
CITY OF
3�anorary ProcCamation
Recognizing Effia Honeycutt
for Her Many years of
Neraerfous Service to the
CoastafSan Luis Resource Conservathm district
WHEREAS, Ella Honeycutt was first appointed to the Board of Directors of the Coastal San
Luis Resource Conservation District In 1978 and served continuously since that time until
her retirement from the Board of Directors in December 2007; and
WHEREAS, Ella Honeycutt's commitment and tenacity to the issues of land and resource
conservation and community involvement and close working relationship with f rnner
Arroyo Grande City Council Member and former District President D. G. Porter, led to the
preservation and restoration of the well-known "Swinging Bridge'' over Arroyo Grande
Creek; and
WHEREAS, , Ella's persistence and sense of the right led to the implementation of a major
project for the restoration of Pismo Lake after disastrous silting of the lake from extensive
soil disturbance in the lake's upper watershed; and
WHEREAS, , Ella' strong commitment to preservation of agricultural land has led t
stronger protection for agricultural lands in San Luis Obispo County, but especially in the
Arroyo Grande and Cienaga Valleys near the City of Arroyo Grande; and
WHEREAS, , Ella' insightful analysis and discussion of the issues of water management in
the Chorro Valley led to stronger protection of water resources for agriculture in that area;
and
WHEREAS, S, Ella' persistence and dedication to early efforts of flood protection on the
Arroyo Grande Creek led to the revitalization of the Flood Control and Water Conservation
Zone 1l1A following a flood in March 2003; and
WHEREAS, EAS, Ella continues to serve as an Associate Director and unofficial Historian of the
Coastal San Luis Resource Conservation District.
NOW, # THE EF F E, BE IT RESOLVED, that 1, Tony Ferrara, Mayor of the City of Arroyo
Grande, on behalf of the City Council, do hereby express our deep appreciation to Elia
Honeycutt for her many years of service to the Coastal San Luis Resource C nservation
District and the City of Arroyo Grande.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal 0, o Yo
of the City of Arroyo Grande to be affixed this 26th day of February 2008.
INCOfIPORATED
JULY 10, 1911 �
TONY FE , AF JFV
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.c.
Page 2
0>
INCORPORATED
IKN,JULY 10, 1911
MEMORANDUM
TO: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR of FINANCIAL SERVICESk
BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR
SUBJECT: CONSIDERATION ATION of CASH ISBURSEMENTATIFI TION
ATE: FEBRUARY Y 2 , 2008
RECOMMENDATION:
It is recommended the city council ratify the attached listing of cash disbursements for
the period February 1 through February 15, 20.
FINANCIAL IMPACT:
There is a $1,428,768.80 fiscal impact that includes the following items:
0 Accounts Payable Checks 134902-135142 $ 518,724.86
0 Payroll Checks & Benefit Checks $ 915,043.94
BACKGROUND:
Cash disbursements are made meekly based on the submission of all required
documents supporting the invoices submitted for payment. Prier to payment, Finance
Department staff reviews all disbursement documents to ensure that they meet the
approval requirements adopted in the Municipal Code and the City's Purchasing
Policies and Procedures Manual of February 2000.
ANALYSIS of ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY2007-2008
budget.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Approve staffs recommendation;
• Do not approve staffs recommendation;
n;
• Provide direction to staff.
Agenda Item 8.a.
Page 1
cinr couNciL
CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
FEBRUARY 26, 208
PAGE 2
ADVANTAGES:
• The Finance Department monitors payment of invoices for accountability,
accuracy and completeness using standards approved by the Council.
• Invoices are paid in a timely manner to establish goodwill with merchants.
• Discounts are taken where applicable.
DISADVANTAGES:
No disadvantages have been identified as long as City Council confirms all
expenditures are appropriate.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The
Agenda and report were posted on the City's website on Friday, February 22, 2008. No
public comments were received.
Attachments:
1. February 1 — February 15, 2008, Accounts Payable Check Register
2. February 1, 200 8, Payroll Checks & Benefit Checks Register
3. February 15, 2008, Payroll Check & Benefit Checks Register
Agenda Item 8.a.
Page 2
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Page 19
■
FUND 010
417,819.00
FUND 220
13,353.32
FUND 284
782.11
FUND 285
782.11
FIND 512
8,803.08
FUND 840
24.807.08
404$J40. to
ATTACHMENT 2
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
1111/08 -1/24108
02101 108
5101
Salaries Full time
2213755.80
5102
Salaries Part -Tire - PPT
20,918,92
5103
Salaries Part -Time - TPT
9,540.04
5105
Salaries OverTime
89305.14
5107
Salaries Standby
401.31
5108
Holiday Pay
249540.18
5100
Sick Pay
49311.39
5110
Annual Leave Buyback
5111
Vacation Buyback
-
5112
Sick Leave Buyback
-
5113
Vacation Pay
3,581.03
5114
Comp Pay
29801.79
5115
Annual Leave Pay
33771.82
5121
PERS Retirement
792509.59
5122
Social Security
211722.05
5123
PARS Retirement
351.21
5125
Mate Disability Ins.
894.27
5127
Deferred Compensation
807.05
5131
Health Insurance
519554.02
5132
Dental Insurance
59189.94
5133
Vision Insurance
13183.11
5134
Life Insurance
007.80
5138
Long Terra Disability
-
5148
Uniform Allowance
599.29
5144
Car Allowance
1,187.50
5145
council Expense
5147
Employee Assistance
-
5148
Boot Allowance
5149
Motor Pay
75.00
5150
Bi Lingual Pay
200.00
5151
Cell Phone Allowance
427.50
464)346.76
Agenda Item 8.a.
Page 20
ATTACHMENT T
CITY of ARROYO GRANDE
DEPARTMENTAL TAL LABOR DISTRIBUTION
PAY PERIOD
1/25/08 -2/7/08
02/15108
FLUID 919 4029771.03
5101
Salaries Full time
235,104.14
FUND 220 143857.79
5102
Salaries Part -Tune - PPT
19,900.47
FUND 284 792.19
5103
Salaries Part -Tirane - TPT
81748.35
FUND 285 792.12
5105
Salaries OverTime
129988.85
FUND 812 81809.57
5107
Salaries Standby
357.06
FUND 840 24,883-57
5108
Holiday Pay
12451.28
4593897.18
5109
Sick Pay
73248.43
5110
Annual Leave Buyback
5111
Vacation Buyback
379.48
5112
Sick Leave Buyback
-
113
Vacation Pay
33624.37
5114
Comp Pay
4,063.88
5115
Annual Leave Pay
21404.81
5121
PERS Retirement
78:489.72
5122
Social Security
21 #259.59
5123
PARS Retirement
358.88
5128
State Disability Ins.
892.91
5127
Deterred Compensation
807.96
5131
Health Insurance
459882.79
5132
Dental Insurance
41738.85
5133
Vision Insurance
19988.96
5134
Life Insurance
819.80
5135
Long Terra Disability
19080.99
5143
Uniform Allowance
-
5144
Car Allowance
812.50
5146
Council Expense
5147
Employee Assistance
254.41
5148
Boot Allowance
-
5149
Motor Pay
75.00
5150
Bi -Lingual Pavy
299.90
5151
Cell Phone Allowance
427.50
450, 097.18
Agenda Item 8.a.
Page 21
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.a.
Page 22
RPORATED
t3
JUL`l 10. 1911
MEMORANDUM
To: CITY COUNCIL
FROM: ANGELA K AETSCH, DIRECTOR of FINANCIAL SERVICES
BY: FRANCES R. HEAD, ACCOUNTING SUSPERVISO
SUBJECT: CONSIDERATION of STATEMENT of INVESTMENT DEPOSITS
DATE: FEBRUARY 26, 2008
RECOMMENDATION:
It is recommended the City Council receive and file the attached report listing the current
investment deposits of the City of Arroyo Grande, as of January 31, 2008, as required by
Government Code section 53646(b).
FINANCIAL IMPACT:
There is no funding impact to the City related to this report. However, the City does receive
interest revenue based on the interest rete of the investments.
BACKGROUND:
This report represents the City's investments as of January 31, 2008. It includes all investments
managed by the city, the investment institution, investment type, book value, maturity date, and
rate of interest. As of January 31, 2008, the investment portfolio was in compliance with all
State laws and the City's investment policy.
ANALYSIS of ISSUES:
Government Code Section 53646 requires the Director of Financial Services to submit to the City
Council a monthly report, providing the following information:
I . Type of investment.
2. Financial institution (bank, savings and loan, broker, etc).
3. Date of maturity.
. Principal amount.
. Date of interest.
. Current market value for all securities having a maturity of more than 12 months.
'. Relationship of the monthly report to the annual statement of investment policy.
Agenda Item 8.b.
Page 1
CITY COUNCIL
CONSIDERATION of INVESTMENT DEPOSITS
FEBRUARY 2, 2008
PACE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Recommended mended Alterna ive - Approve staffs recommendation to receive and file the
attached report listing the current investment deposits.
- Ido not approve staff's recommendation
- Provide direction to staff
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the overall portfolio.
D I SAD1AN TAC E s :
Some level of risk is present in any investment transaction. Losses could be incurred dine to
market price changes,, technical cash flow complications such as the creed to withdraw a non-
negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such
risks, diversifications of the investment portfolio by institution and by investment instruments are
being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday} January 17, 2008. The Agenda and
report were posted on the City's website on Friday, January 18, 2008. No public comments
were received
Attachments:
1. Portfolio Summary
Agenda Item 8.b.
Page 2
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Page 3
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Agenda Item 8.b.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.b.
Page 4
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 22, 2008
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL:
Mayor Ferrara called the meeting to order at 6:15 p.m. Council Member Jim Guthrie,
Council Member Joe Costello, Council Member Ed Arnold, Mayor Pro Tem Chuck Fellows,
City Manager Steven Adams, and City Attorney Timothy Carmel were present.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator:
Unrepresented Employees:
Agency Negotiator:
Unrepresented Employees:
4. RECONVENE TO OPEN SESSION:
Steven Adams, City Manager
Police Commanders
Steven Adams, City Manager
Management Employees
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT:
The meeting was adjourned at 7:02 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Agenda Item 8.c.
Page 1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 22, 2008
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:14 p.m.
2. ROLL CALL
City Council: Council Members Ed Arnold, Jim Guthrie, Joe Costello, Mayor Pro Tem
Chuck Fellows and Mayor Tony Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Director of Public Works Don Spagnolo, Director
of Community Development Rob Strong, Director of Building and Fire Mike
Hubert, Director of Parks, Recreation and Facilities Doug Perrin, and
Assistant Planner Jim Bergman.
3. FLAG SALUTE
Chet Cash, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Dr. Mayer-Harnish, Bahai Faith, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring February 2008 as Grand Jury Awareness Month.
Mayor Ferrara presented an Honorary Proclamation declaring February 2008 as Grand Jury
Awareness Month. Robert Mire accepted the Proclamation on behalf of the San Luis Obispo County
Grand Jury.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Council Member Arnold seconded, and the motion passed
unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in
title only and all further reading be waived.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Susan Flores, E. Branch Street, spoke about the Lucia Mar School District facility on Stanley
Avenue near Paulding Middle School and expressed concern about the lack of landscaping; the
junkyard appearance of the site; and the lack of erosion control and road improvements. She stated
that the District needs to be held accountable for the required improvements. She expressed further
concern that there was no access to the park; the buildings are substandard and in poor condition;
waste material has been left on the site; and the project should have been located in an industrial
zone.
Mayor Ferrara requested that City Manager Adams follow up on the matter.
Agenda Item 8.c.
Page 2
Minutes: City Council Meeting
Tuesday, January 22, 2008
8. CONSENT AGENDA
Page 2
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item
to do so at this time. No public comments were received.
Mayor Pro Tem Fellows pulled Item 8.c.
Action: Council Member Fellows moved to approve Consent Agenda Items 8.a. through 8.g., with
the exception of Item 8.c., with the recommended courses of action. Council Member Guthrie
seconded. The motion passed on the following roll call vote:
AYES: Fellows, Guthrie, Costello, Arnold, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period January 1, 2008 through
January 15, 2008.
8. b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of December 31,
2007.
8.d. Consideration to Adopt a Resolution Accepting Easements and Improvements for
Conditional Use Permit Case No. 06-009 and Lot Line Adjustment Case No. 06-003,
Applebee's, Located at 1462 E. Grand Avenue.
Action: Adopted Resolution No. 4063 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND
IMPROVEMENTS FOR CONDITIONAL USE PERMIT CASE NO. 06-009 AND LOT LINE
ADJUSTMENT CASE NO. 06-003, APPLEBEE'S".
8.e. Consideration of Authorization to Declare the 1984 Van Pelt Fire Engine and the 1996
Hi -Tech Fire Engine as Surplus Property and Approve an Agreement with Fire Trucks
Plus, Inc. for Consignment and Sale of the Engines.
Action: 1) Adopted Resolution No. 4064 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING THE 1984 VAN PELT FIRE
ENGINE AND THE 1996 HI -TECH FIRE ENGINE AS SURPLUS PROPERTY AND
AUTHORIZING THEIR SALE" and; 2) Approved Agreements with Fire Trucks Plus, Inc. for
consignment and sale of the engines.
8.f. Consideration of Appointments to Architectural Review Committee.
Action: Approved: 1) Removal of Jacklin Pontarelli from the Architectural Review
Committee (ARC); 2) Appointment of Roger Frederickson to the ARC, and 3) Appointment
of Kyle Harris to the ARC.
8.g. Consideration of Funding Request for the Brisco Road/Halcyon Road — Route 101
Improvements to the San Luis Obispo Council of Governments.
Action: 1) Approved the funding proposal to the San Luis Obispo Council of Governments
(SLOCOG) for State Transportation Improvement Program funding for Brisco Road/Halcyon
Road — Route 101 Improvements; and 2) Authorized staff to make adjustments to the
proposal as necessary to address Caltrans and SLOCOG concerns as long as they are
consistent with prior City Council direction regarding project alternatives and within the
proposed funding amounts and/or percentages.
Agenda Item 8.c.
Page 3
Minutes: City Council Meeting
Tuesday, January 22, 2008
Page 3
8.c. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council meeting of
November 27, 2007; the Special City Council meeting of December 11, 2007; the Regular
City Council/Redevelopment Agency meeting of December 11, 2007; and the Regular City
Council/Redevelopment Agency meeting of January 8, 2008, as submitted.
Mayor Pro Tem Fellows referred to the supplemental material distributed to the Council prior to the
meeting, which reflected modifications to the minutes of the November 27, 2007 Regular City
Council Meeting to include his comments concerning the Brisco Road/Halcyon Road — Route 101
Interchange Improvement Project.
Mayor Pro Tem Fellows moved to approve the minutes of the Regular City Council Meeting of
November 27, 2007, as modified; and to approve the minutes of the Special City Council Meeting of
December 11, 2007; the Regular City Council/Redevelopment Agency Meeting of December 11,
2007; and the Regular City Council/Redevelopment Agency Meeting of January 8, 2008, as
submitted. Council Member Guthrie seconded, and the motion passed on the following roll call
vote:
AYES: Fellows, Guthrie, Costello, Arnold, Ferrara
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
9.a. Consideration of a Resolution Adopting a Mitigated Negative Declaration, Designating
a Portion of Elm Street Park as an Off Leash Area for Use as a Dog Park, Approving
an Adopt -A -Park Agreement with the Five Cities Dog Park Association and
Authorization for the City Manager to Approve and Make Minor Changes and
Modifications and to Execute the Agreement.
Parks, Recreation, and Facilities Director Perrin presented the staff report and recommended the
Council: 1) Adopt a Resolution adopting a Mitigated Negative Declaration, designating a portion of
Elm Street Park as an Off Leash Area for use as a Dog Park, approving an Adopt -A -Park
Agreement with the Five Cities Dog Park Association and authorizing the City Manager to approve
and make minor changes and modifications and to execute the agreement.
Council Member Arnold referred to the letter received at the beginning of the meeting (on file in the
Administrative Services Department) from the Law Offices of William Walter, representing the
apartment owner, and asked the City Attorney if the Mitigated Negative Declaration was the
appropriate environmental document for the project. City Attorney Carmel responded "yes".
Mayor Ferrara also referred to the correspondence and noticed the use of the term "regional dog
park" and stated he assumed this was more of a community oriented dog park. Director Perrin
stated that was correct.
Council Member Costello referred to the proposed use and operation of the facility by the Five
Cities Dog Park Association and inquired what would happen if they do not perform the tasks
satisfactorily. Director Perrin responded that the City could seek other volunteers to perform the
tasks; staff could potentially take over some of the tasks; or the City could close the dog park.
Agenda Item 8.c.
Page 4
Minutes: City Council Meeting Page 4
Tuesday, January 22, 2008
Mayor Ferrara opened the public hearing.
The following members of the public addressed the Council:
Cynthia Ecklund, President, Five Cities Dog Park Association, stated she was here to discuss and
respond to any concerns; however, she did not know what those concerns were yet.
Megan James, S. Elm Street, spoke in opposition to the proposed dog park.
Mayor Ferrara asked Director Perrin if he had a concept drawing to display that showed the
enclosed fenced area for the proposed dog park. Director Perrin referred to the concept drawing in
the staff report and explained that the area would be enclosed and dogs would not be running loose
in the park. He further explained there would be mutt mitts for pet owners to use for picking up after
their animals, and the Dog Park Association had agreed to come to the park on a daily basis to
monitor the park and pick up any droppings that are left by animal owners and dispose of them
properly.
Anthony Throckman, S. Elm Street, spoke in opposition to the proposed dog park.
Jennifer Hewitt, S. Elm Street, spoke in opposition to the proposed dog park.
Jerry Bunin, Oceano resident, spoke in support of the proposed dog park.
Mitch Mundahl, resident and representative of MFG Enterprises, referred to correspondence and
other information he printed from the Internet regarding dog parks that he submitted to the Council
(on file in the Administrative Services Department), and spoke in opposition to the proposed dog
park.
Bill Walter, attorney representing MGF Enterprises, referred to correspondence he submitted to the
Council (on file in the Administrative Services Department) opposing the proposed adoption of a
Mitigated Negative Declaration for the proposed dog park project, and stated there are enough
significant environmental impacts to require a full Environmental Impact Report. He requested the
Council deny the proposed project.
Cynthia Ecklund, President of the Five Cities Dog Park Association, addressed concerns expressed
by the public regarding noise, dog behavior, park appearance (landscaping/fencing), dog park rules,
trash disposal, parking, safety, water pollution, and special events in the park. She spoke in support
of the proposed dog park.
Mayor Ferrara requested a show of hands from members of the audience who were in support of
the project.
Pete Jenny, County Parks Manager, shared the County's experiences in managing its three dog
parks and noted they are working on a fourth dog park; explained that all parks were issued a
Mitigated Negative Declaration to address potential environmental impacts; and concluded by
stating that the County has had positive experiences associated with its dog parks.
In response to questions by Council, Ms. Ecklund explained that the project would have a double -
gated entry to serve as a safety zone for unleashing the dogs prior to entering the park; the
Association would consider establishing a maximum capacity for the number of dogs permitted in
the dog park at one time; and that the proposed dog park is comparable in size to the site used
previously in Grover Beach; however, it had not been a fenced area.
Agenda Item 8.c.
Page 5
Minutes: City Council Meeting Page 5
Tuesday, January 22, 2008
Resident of Fair Oaks Garden Apartments (no name given) responded to public comments about
noise and odor.
Lisa Camponi, Past President of the EI Chorro Regional Dog Park Association, spoke in support of
the proposed dog park.
Megan James, S. Elm Street, provided additional comments in opposition to the proposed dog park.
Mitch Mundahl, S. Elm Street, provided additional comments in opposition to the proposed dog
park.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Director Perrin clarified that Elm Street Park will continue to be an active City park, which is open to
the general public, and that the Dog Park will occupy a very small area. He noted that the Five
Cities Dog Park Association is a volunteer organization that has agreed to adopt the dog park
portion of Elm Street Park, if approved by the Council, and the organization will develop and
maintain the facility. He further discussed proposed landscaping, and the City's ability to close the
dog park for special events.
Council Member Guthrie asked for clarification on why the other side of the park was not used.
Director Perrin explained that the northern end of the park is a more active area of the park with
barbeque areas, sport classes, special events, and access to City equipment. He stated there is no
active recreational use at the southern end of the park.
Council Member Guthrie provided the following comments:
— Agreed that although every single environmental impact is not known, they are reasonably
known here;
— Has some personal experience with dog parks, having been at the dog park over at Oak Park
Road and that noise and dog waste were not issues;
— Said he does not believe that an Environmental Impact Report is warranted;
— Stated the proposed dog park is a reasonable use of the park;
— Stated the proposal is not without impact to the neighboring apartments; however, does not
believe the impacts are as serious as suggested by the neighbors;
— Pointed out that the City has the ability to remove the use based on the Adopt -a -Park
Agreement;
— Stated the City must balance recreational needs and desires of the community with those of the
neighbors;
— Expressed concern about parking; however, he noted that a lot of people would walk to the
park;
— Noted that if the public bus was unable to pull to the curb, that the issue would need to be
addressed;
— Noted that he looked at the other side of the park and acknowledged it would be difficult to
locate the dog park there;
— Stated he was prepared to support the project, and suggested a formal review and public
hearing one year after the dog park opens.
Council Member Costello provided the following comments:
— Agreed with most of Council Member Guthrie's comments;
— Acknowledged that the Five Cities Dog Park Association is volunteering to do clean up work and
Agenda Item 8.c.
Page 6
Minutes: City Council Meeting
Tuesday, January 22, 2008
Page 6
be a participating partner in the park; however, it is still a City park and complaints would be
directed to the City;
— Referred to the double gated entry and stated it would be used properly to control unleashed
dogs;
— Did not think people would double park to drop off their dog;
— Stated that if the dog park did not work, he would be willing to reconsider the use at some future
time;
— Would support reviewing the use in one year and if impacts were underestimated, would
reconsider the use.
— Believes adequate environmental review on the potential impacts was conducted and supported
the Mitigated Negative Declaration;
— Supported moving forward with the project.
Council Member Arnold provided the following comments:
— Stated the Mitigated Negative Declaration was complete and appropriate; did not believe any of
the impacts reach the level of significance;
— Stated that the park is for public use and the proposed area is not very usable for other park
uses and is an ideal location for the dog park;
— Stated that the proposed mitigation measures would address concerns;
— Stated that most people do not have experience with dog parks; has visited friends who live
near the Costa Bella park and was impressed by how it functioned;
— Stated he was excited about providing a dog park and suggested looking for more areas for
such a use;
— Noted that parking was going to be an issue but it would work itself out because people would
come at different times;
— Suggested painting the curb at the existing bus stop;
— Did not agree with concerns expressed about potential water pollution;
— Did not think odor would be an issue;
— Did not think a review provision after one year was necessary, but would support a status
report.
Mayor Pro Tem Fellows provided the following comments:
— Would not deny a dog park based on the scenarios expressed by the neighbors or approve a
dog park based on the dog lovers' promises and said he needed to rely on his own personal
experiences with dog parks and information provided by the County Parks Manager;
— He explained he had visited an unfenced dog park in Balboa Park and was amazed at the
discipline of the dog owners particularly with regard to picking up dog waste; he did not perceive
or anticipate a noise or odor issue;
— Stated the Mitigated Negative Declaration was well done and is accurate;
— Stated that the owners of the licensed dogs in the City were an unserved segment of the
community and this portion of the park would serve those people;
— Noted that dog parks were great for exercising dogs, their owners get exercise, and it is a good
social place;
— He referred to the letter from Mr. Walter and stated he was looking for a reference to dog parks
as it relates to case law, and noted that the only case referenced was an unfenced dog park;
— He supported the dog park.
Agenda Item 8.c.
Page 7
Minutes: City Council Meeting Page 7
Tuesday, January 22, 2008
Mayor Ferrara provided the following comments:
— Said that when he was a dog owner, he wished a dog park was available;
— Stated he had visited a dog park in Arizona in a Planned Unit Development which was very
attractive, and from an operational standpoint there was a high degree of responsibility and
accountability by the individual dog owners in operating and maintaining the park;
— Acknowledged concerns of residents due to the unknown factor, especially with no experience
with such a facility;
— Stated that from this point forward, the lines of communication need to be established with the
adjacent apartment residents and management; and if there were questions, they must be
addressed right away;
— He stated the City has the responsibility to monitor and to mitigate as the need arises;
— Suggested that rather than revisiting the item with a public hearing, that staff provide a progress
report in one year;
— Noted that the City has the ability to close the dog park;
— Expressed support about concerns regarding the bus stop and making sure that the buses are
not impeded from stopping safely;
— Can move forward with approving the dog park.
Council Member Guthrie stated the reason he requested the public hearing was in order to provide
adequate notice to the adjacent property owners. Brief discussion ensued and it was determined
that the progress report could be mailed to the property owners and the apartment residents.
Action: Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MI TI GA TED
NEGATIVE DECLA RA TION, DESIGNATING A PORTION OF ELM STREET PARK AS AN OFF
LEASH PET AREA FOR USE AS A DOG PARK, APPROVAL OF AN ADOPT -A -PARK
AGREEMENT WITH THE FIVE CITIES DOG PARK ASSOCIATION AND A UTHORIZA TION FOR
THE CITY MANAGER TO APPROVE AND MAKE MINOR CHANGES AND MODIFICATIONS
AND TO EXECUTE THE AGREEMENT; and further, to include that a year from the opening of the
park that the City would produce a dog park status report and mail a copy to the residents and the
owner of the apartment building at 400 S. Elm Street. Mayor Pro Tem Fellows seconded, and the
motion passed on the following roll call vote:
AYES: Guthrie, Fellows, Costello, Arnold, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called a recess at 9:00 p.m. The Council reconvened at 9:14 p.m.
9.b. Consideration of a Resolution Granting Consent to the San Luis Obispo County
Board of Supervisors to Create the San Luis Obispo County Tourism Business
Improvement District within the Boundaries of the City of Arroyo Grande.
Assistant Planner Bergman presented the staff report and recommended Council adopt a
Resolution granting the San Luis Obispo County Board of Supervisors the ability to: 1) create the
San Luis Obispo County Tourism Business Improvement District (BID) within the boundaries of the
Agenda Item 8.c.
Page 8
Minutes: City Council Meeting Page 8
Tuesday, January 22, 2008
City of Arroyo Grande, and 2) grant the San Luis Obispo Board of Supervisors jurisdiction for all the
purposes in connection with creation and operation of the proposed San Luis Obispo Tourism
Business Improvement District, with input from the affected lodging businesses and participating
cities. Staff responded to questions from Council.
Mayor Ferrara opened the public hearing.
Jonni BiacL ini, representing the San Luis Obispo Visitors and Conference Bureau (SLOVCB),
responded to questions from Council concerning Business Improvement Districts (BID) and noted
that the effort to establish a County BID has been ongoing for three years. She gave an overview of
how BID's are formed; explained that the money collected must be spent on tourism promotion;
listed other Counties who have passed a BID; and explained that the BID law is set up to be
renewed annually, therefore, if the City decides to become part of the County BID and during the
year the City's hoteliers are not happy with the BID, the City has an opportunity to withdraw from
the BID. She further clarified that the funds would be an enhancement, not a replacement, for the
funds the SLOVCB currently receives and that the increased funds would provide greater resources
for tourism marketing and promotion. She responded to further questions from Council concerning
how the fee is assessed on the business owner, explaining that the business owner has to pay the
assessment; however, the owner can choose to pass the fee on to the hotel guest; and stated that
the fee is processed the same as the transient occupancy tax, therefore Federal employees and
guests who stay over 30 days are exempt from paying the assessment.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments and discussion ensued regarding the advantages and the disadvantages of a
Business Improvement District; acknowledgement that a majority of hoteliers had not expressed
opposition to the formation of a BID; clarification that the BID Advisory Board consists of lodging
personnel who determine how the budget is allocated; that the City of Arroyo Grande would benefit
from participating in the BID; and that the City can monitor the program to determine continued
participation in the future.
Action: Council Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING CONSENT TO THE
COUNTY OF SAN LUIS OBISPO TO FORM THE SAN LUIS OBISPO COUNTY TOURISM
BUSINESS IMPROVEMENT DISTRICT (SLOCTBID)". Council Member Costello seconded, and
the motion passed on the following roll -call vote:
AYES: Arnold, Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of Agricultural Buffer Policies Including Minimum Buffer Distance,
Allowed Land Uses and Landscape Standards of the General Plan and Development
Code.
Agenda Item 8.c.
Page 9
Minutes: City Council Meeting Page 9
Tuesday, January 22, 2008
Community Development Director Strong presented the staff report and recommended the Council
review agricultural buffer policies, including minimum buffer distance, allowed land uses and
landscape standards of the General Plan and Development Code and provide direction to staff.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter,
and upon hearing no public comments, he closed the public comment period.
Mayor Pro Tem Fellows clarified that he had wanted to specifically discuss the possible modification
of the "make-up" of the buffer and stated that the City would benefit from a guide on the structure
and type of plants that can be included in the buffer in order for it to perform the job that it is
intended to do. He referred to the staff report and spoke about the need for updating the LESA
Model to reflect local conditions. He also referred to Ordinance No. 550 which includes a phrase
regarding limited commercial uses within the agricultural buffer, and stated he wanted some
clarification on that issue. He acknowledged staffing constraints and stated he was in favor of the
second Alternative in the staff report to instruct staff to include additional agricultural buffer analysis
and alternatives as part of the update to the Agriculture, Conservation and Open Space Element
during 2008. He reiterated that this should include information such as how the buffer should be
constructed and landscaped based on its size.
Council Member Guthrie concurred that better guidance on the make-up of the buffers is needed.
He suggested that this could be a Cal Poly project. He also said the Council needs to clarify
whatever the mitigation measures are for conversion of agricultural land and would like to take a
look at the mitigation guidelines before the Council considers a new project. He stated that when
reviewing buffers, the Council should also look at alternatives for smaller agricultural buffers and
their composition.
Council Member Arnold stated he did not want to unwrap the entire policy, and that the existing
policies were working well. He acknowledged the challenges of the Cherry Creek project. He was
supportive of seeking assistance from Cal Poly; however, he could not support spending a lot of
staff time looking at buffers because there are so many variables and exceptions. He supported the
existing agricultural conversion policies that are in place and stated that he was comfortable
reviewing projects on a case-by-case basis as they come forward. He stated he was not in favor of
a major review; however he would support some review if desired by the Council. He agreed that
the LESA Model does not work for the City; that it appears to be designed for large parcels, and it
should be used only if it is modified to reflect local conditions.
Council Member Costello agreed that there should not be a major review of the buffer policy, and
the existing policies are working well. He noted the policies could be improved and assistance from
Cal Poly to look at specific needs and refinements would be an excellent opportunity. He agreed
that looking at buffer composition is worth reviewing; however, he did not want to commit a great
deal of additional staff time to this issue.
Mayor Ferrara agreed with Council Members Arnold and Costello and stated that the buffer policies
the City has in place seem to be working; however, it could be better and enhancements that have
been mentioned would be beneficial. He stated that he would prefer to give Cal Poly a defined
project to create a menu of potential agricultural buffer designs, including a pictorial display with
specific mitigation examples. He said it was important to note that the City should also consider the
wishes of the property owner living next to active agriculture who may not support a buffer zone.
Agenda Item 8.c.
Page 10
Minutes: City Council Meeting Page 10
Tuesday, January 22, 2008
Following further discussion about agricultural buffers, Mayor Ferrara summarized the discussion
by noting that the outcome of the Cherry Creek project was favorable; however, the process needs
to be refined to provide more guidance and references, which would provide an enhancement to
existing policies.
Action: Mayor Pro Tem Fellows moved to instruct staff to include additional up-to-date agricultural
buffer analysis and alternatives as part of the update to the Agriculture, Conservation and Open
Space Element during 2008, and to further explore the idea of involving Cal Poly students, and to
include review of the LESA Model. Based on Mayor Pro Tem Fellows motion, Mayor Ferrara
summarized and clarified that the motion included further examples and analyses of specific plant
species, trees, and models of buffer zones that could be used and requesting that Cal Poly
undertake the project. Mayor Pro Tem Fellows indicated that was correct. Mayor Ferrara seconded
the motion and then clarified that if the City is going to give Cal Poly a project, it must be a
significant and comprehensive project to satisfy a class requirement.
The motion passed on the following roll -call vote:
AYES: Guthrie, Arnold, Costello, Fellows, Ferrara
NOES: None
ABSENT: None
11.b. Consideration of City Policy and Regulations Regarding Placement of Basketball
Hoops in the Public Right -of -Way.
City Manager Adams reported that Council Member Arnold had requested a continuance of this
item due to the fact that a number of homeowners interested in the issue were not able to be
present tonight.
Action: Council Member Arnold moved to continue the item to the February 26, 2008 Regular City
Council Meeting. Council Member Guthrie seconded, and the motion passed on the following roll-
call
oll-
caII vote:
AYES: Arnold, Guthrie, Costello, Fellows, Ferrara
NOES: None
ABSENT: None
12. CITY COUNCIL REPORTS
a. MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). SLOCOG Board discussed issues regarding the
STIP funding cycle. SLORTA has appointed an interim Transit Manager.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Council Member
Guthrie attended the last meeting as the alternate.
(3) Other. None.
b. MAYOR PRO TEM CHUCK FELLOWS:
(1) South County Youth Coalition. Did not meet in December. No report. Meets on
Thursday.
Agenda Item 8.c.
Page 11
Minutes: City Council Meeting
Tuesday, January 22, 2008
Page 11
b. MAYOR PRO TEM CHUCK FELLOWS (cont'd):
(2) County Water Resources Advisory Committee (WRAC). Was out of town for last
meeting. No report.
(3) Other. None.
C. COUNCIL MEMBER JOE COSTELLO:
(1) Zone 3 Water Advisory Board. Did not attend meeting; however, he noted that the
Habitat Conservation Plan is still under consideration and $950,000 has been spent
over the last four years; there are plans to seek action from the legislature.
(2) Air Pollution Control District (APCD). Meets tomorrow; will be considering
implementation of the 2008 Lawn Mower Exchange Program and the Carl Moyer
Incentive Program.
(3) Fire Oversight Committee. Met in December; reported that Oceano Community
Services District is pursuing an Agreement similar to the City's Agreement with
Grover Beach for the Firefighter Program.
(4) Fire Consolidation Oversight Committee. No report.
(5) Other. None.
d. COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT). The Board discussed timing issues with the
new bus routes; coordinating efforts with SLORTA.
(2) California Joint Powers Insurance Authority (CJPIA). No report.
(3) Other. Attended the SSLOCSD meeting as the Alternate; reported that the plant is
operating well; reported that no competitive bids were received fora $350,000
project, so the District will be doing the project in-house.
e. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). No report. City staff
attended the last meeting.
(2) Economic Vitality Corporation (EVC). The EVC is continuing to raise money for
the Tourism Study; City Manager Adams is working with local businesses to
participate in the Study.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
In response to earlier public comment, Mayor Ferrara requested again that City Manager Adams
contact Lucia Mar Unified School District regarding its maintenance facility due to concerns about
drainage and run-off. City Manager Adams stated he would follow up on the matter and noted that
an occupancy permit had not yet been issued.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Mayor Ferrara reported he had recently attended a League of California Cities Policy Committee
meeting and had also participated in the Leadership Academy. He stated that while in Sacramento,
he, Council Member Arnold, and City Manager Adams met with the City's contract engineer about
issues relating to the Brisco Road/Halcyon/Route 101 Interchange Project and expressed concern
Agenda Item 8.c.
Page 12
Minutes: City Council Meeting
Tuesday, January 22, 2008
Page 12
about apparent conflicts with Caltrans regarding the project. He reported that City Manager Adams
prepared background information, which he presented to Assembly Member Sam Blakeslee and
that he had an opportunity to discuss the issues the City is facing concerning the project and
competing for State funding in the upcoming STIP cycle.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:50 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Agenda Item 8.c.
Page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.c.
Page 14
PJURO�b
INCORPORATE
*XJULY 10, loll
TO:
FROM:
SUBJECT:
DATE
MEMORANDUM
CITY COUNCIL
STEVEN ADAMS, CITY MANAGER
CONSIDERATION OF APPOINTMENT OF CITY COUNCIL BR1SCO
ROADlHALCYON ROAD - ROUTE 101 INTERCHANGE PROJECT
SUBCOMMITTEE
FEBRUARY 26, 2008
RECOMMENDATION:
It is recommended the city Council: 1 approve formation of a City Council
subcommittee to coordinate with staff and report back to City Council regarding
efforts related to the Brisco Road Halcyon Road — Route 101 Interchange
improvement project; and 2 appoint Mayor Ferrera and Council Member Arnold to
the subcommittee.
FINANCIAL IMPACT:
There is no financial impact projected from this action.
BACKGROUND:
At the February 12, 2008 meeting, Mayor Ferrara recommended, and the city
Council concurred, to establish a city Council subcommittee to coordinate with staff~
and report back to City Council regarding efforts related to the Brisco Road Halcyon
Road — Route 101 Interchange improvement project. It was proposed that the
subcommittee consist of Mayor Ferrara and Council Member Arnold.
The City has completed the Project study Report (PSR) and is nearing completion of
the Project Approval and Environmental Document PACED phase of the project.
However, a number of issues have occurred making it difficult to obtain design
approval from Caltrans and funding approval from the San Luis Obispo Council of
Governments SLoC G .
ISSUES:
Developing a feasible alternative to address existing deficiencies at the Brisco
Road Halcyon Road — Route 101 Interchange has been challenging. Available state
funding is limited. Even more difficult has been the ability to propose design
Agenda Item 8.d.
Page 1
CITY COUNCIL
BRISCO ROADMALCYON ROAD - ROUTE 101 INTERCHANGE PROJECT
SUBCOMMITTEE
MITTEE
FEBRUARY 28, 2008
PAGE 2
alternatives that will address the deficiencies while meeting extremely restrictive
Caltrans design standards.
ALTERNATIVES:
ES:
The following alternatives are provided for the Council's consideration:
- Approve formation of a City Council subcommittee to coordinate with staff and
report back to City Council regarding efforts related to the Erisoo
Road/Halcyon Road — Route 101 Interchange improvement project and
appoint Mayor Ferrara and Council Member Arnold to the subcommittee.
Approve formation of the City Council subcommittee,, but approve alternative
appointments.
Do not approve the formation of the ub ommi tee; or
Provide direction to staff.
ADVANTAGES:
Since this is likely the highest priority project facing the City, it will be helpful to have
direct involvement by representatives of the Council regarding ongoing efforts. In
addition, the subcommittee will report to, and solicit feedback from, the full City
Council on an ongoing basis. Given the investment of time and City funding in this
project, this will help ensure that staff efforts reflect the priorities and concerns of the
City Council.
DISADVANTAGES:
The only disadvantage would be if the subcommittee does not provide direction
consistent with the full City Council. However, since the subcommittee will be
reporting to the full City Council on ar regular basis, it is unlikely that this problem will
occur.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 21, 2008 and on
the City's website on Friday, February 22# 2008. No comments were received.
Agenda Item 8.d.
Page 2
R
INCORPORATE V
7.
JULY 10. 1911
'14l F 0 Tct
To.
FROM:
BY:
MEMORANDUM
CITY COUNCIL
DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ow
MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION of
INSURANCE COMPANY
FOR CONSTRUCTION
PROJECT, PW 2004-7
DATE: FEBRUARY 26,2008
A SETTLEMENT AGREEMENT WITH
OF THE WEST IN THE AMOUNT of $37,403
DEFECTS To WELL NO. 10, PHASE I
RECOMMENDATION:
It is recommended the City Council authorize the Mayor to sign an agreement with
Insurance Company of the Vilest in the amount of $37,403.00 for construction defects
to the Well No. 10, Phase I Project, PW 2004-07.
FINANCIAL L IMP ►CT:
On March 13, 2007, the Council accepted the work performed by Floyd V. Wells, , Inc.
for the Well No. 10, Phase I project. However, prior to completion of the warranty
period, an issue with poor workmanship was discovered. The cost to make the
corrective repairs is $37,,043.00 and a claim was filed by the City against Performance
Bond No. 2133527. The surety company, Insurance Company of the Vilest, has agreed
to pay the requested amount if the City releases it from any all future liabilities resulting
from the project.
BACKGROUND:
On March 13, 2007, the City awarded a contract to Floyd V. Wells, , Inc. to construct the
Well No. 10, Phase I project. The project involved the drilling of a neer well on Geer
Trail Circle. The second phase of the project would involve the installation of the
permanent pump and treatment facilities and making the connection to the City's water
system. The specifications required a 72 -hour continuous pump test to determine the
capacity of the new well.
Based on an analysis of the pumping information, it was recommended that a longer
duration pump test be performed. The City had been notified that Floyd V. Wells Inc,
had discontinued their business. A separate drilling firm was contacted to perform a
two-week continuous pump test to provide additional data that could be used as a basis
for the design of the Phase I I facilities.
Agenda Item 8.e.
Page 1
CITY COUNCIL
CONSIDERATION To SIGN A SETTLEMENT AGREEMENT WITH INSURANCE
COMPANY of THE HEST IN THE AMOUNT of $37,403,00 To REPAIR
CONSTRUCTION DEFECTS FOR WELL leo. 10, PHASE I PROJECT, PW 2004-07
FEBRUARY 2, 2008
PACE 2
Enloe Drilling began the two-week continuous pump test on June 22, 2007. During the
test, the well produced excessive sand and the tests were halted to protect the pumping
equipment. Upon investigation by the project consultants, it was discovered that sand
was entering the well through gaps in the casing. Further research determined that the
gaps were caused by misalignment of the well casing which indicates the failure of
welds at the pipe collars. The consultants determined that the appropriate corrective
procedure would involve the installation of a 560 -foot deep liner.
The contract documents for the Well No. 10, Phase I project required the contractor to
guarantee the work for a period of one-year following project acceptance. However, the
contractor, Floyd V. Wells, Inc. was no longer in business and had liquidated their
assets. since Floyd V. Wells, Inc. was unable to honor its warranty commitment, staff
notified the surety company that had issued the performance bond for the project,
Insurance Company of the Vilest (ICW), that the City would file a claim against the
performance bond to pay for the corrective procedures.
The estimated costs necessary to install the corrective liner including contract
administration, public works site preparation, the construction installation costs, and the
consultant's inspection and well monitoring fees is $37',043.00. Insurance Company of
the West reviewed the information presented by the City and has agreed to pay the
requested $37,,043-00 as full settlement with the City.
ANALYSIS of ISSUES:
Further pump testing is recommended; construction of the permanent Phase II facilities
cannot be performed until the corrective procedures are completed. By approving the
settlement agreement, the City can more forward with further development and testing
of the well to determine the capacity of water that can be pumped without effects on the
underground aquifer and surrounding wells and the improvements for Phase II of the
project.
The time to perform the corrective wo rk is estimated at three to fourwee l s. Depending
upon the availability of construction materials and the schedules of the consultant and
the contractor, the work is anticipated to be performed between April and ,dune 2008.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
-
Approve staffs recommendations to enter into a settlement agreement with the
surety company and proceed with administration of the corrective repairs;
Do not approve staff's recommendations;
Recommend further negotiations with surety company;
- Provide direction to staff.
Agenda Item 8.e.
Page 2
CITY COUNCIL
CONSIDERATION ATIOI To SIGN A SETTLEMENT AGREEMENT WITH INSURANCE
COMPANY of THE WEST IN THE AMOUNT of $37,403.00 To REPAIR
CONSTRUCTION DEFECTS FOR WELL NO. 10, PHASE I PROJECT, PW 2004 -
FEBRUARY 26, 2008
PACE 3
ADVANTAGES:
Approving the settlement agreement will enable the City to make the necessary repairs
and conduct the two-week continuous pump test to better establish the expected yield
of the well. Eased upon the results of the two-week test, the city can determine how to
proceed with the design and construction of the permanent Phase Il facility. The City is
also free to administer the corrective procedures without any supervision, restrictions or
audit from the surety company.
DISADVANTAGES:
The city would have to file legal action against the original contractor and the surety to
obtain the amount estimated to repair the well. This may cause a delay in completing
the repairs and performing the recommended pump tests. Signing the settlement
agreement will prevent the City from filing any future actions against the surety or Floyd
V. Wells, Inc. in the event that additional construction defects are discovered.
ENVIRONMENTALREVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted on Thursday, February 21, 2008. The agenda and staff report
were posted on the City's website on Friday, February 2 , 2003. No public comments
were received as of the time of preparation of this report.
Attachment:
1. 2/24/03 Letter: Insurance Co. of the West to the City
Agenda Item 8.e.
Page 3
ATTACHMENT
000
l(wWGROUP
Insurance Services
W10001on'surarce :�r,;D :r. of ;ire VYas!
E,Kpforer !r.-*� �f ?:* Cz.riPcr.y
Ire, �a-ersSe ice C usvaihf a r d —jre-,- tea; m� �r,v
February 4; 2008
Michael Lina USS Marl and Facsimile: (805) 47.3-544
Assistant City Engineer
City of Arroyo Grande
P.0 Box 550
208 East Branch Street
Arroyo Grande, CA 93421
Ref: Surety: Insurance Company of the west "ICV"
Principal: Floyd V. Wells, Inc.
Bond No: 2133527
Clain No.: 110-06-00273
Project: Well No. 10, Phase I Project
Dear Mr. Linn9
Pursuant to your October 16, 2007 letter addressed to 1Cw and making a formal demand on the
performance bond, Bond o: 213 35 27, and the December ember 2007 phone conference between ICw and
representatives of the City of Arroyo Grande in which the City ofArroyo Grande and f W were working
together to reach an agreed upon settlement, ICw offers this tender agreement letter as settlement to the
October 16, 2007 demand on Bond No: 213 35 27.
This tender agreement letter , nude on this the 4" day of February, 2 00 8, by and between ICW and City
of Arroyo Grande hereby states . the fol I nwi ng- n thi s date. Fe ,itar; 4, 20}0 # I W agrees to pay +n f, 311
the City ofArroyo Grande the total sum of 7,043 .00 for the AG Weil No. 10 liner instal lation, the two
2) weep pump test and other identified cost in the Exhibit "A'' attachment, (ref. Exhibit ""A" attachment).
In turn, upon the execution of this tender agreement letter, the City of Arroyo Grande does hereby
expressly release, acquit and forever discharge ICw, the Performance Bond No. 213 35 27 and Floyd V.
weIIs, Inc. and its successors from any and a II claims, rights, demands and/or causes of action of what so
ever kind or nature concerning AG Well No. 10, Phase I Project.
It is further agreed, that upon the City of Arroyo Grande executing this tender agr ernent Fetter* ICkV wII I
issue a check for the total sun of S37., 403.00 on or before the tenth 10th day from the execution date.
Please contact nye with any question you may have concerning this matter.
11455 E! Camino Reel * Sorg Diego, A 92130-2045,p 8 8.350.2400 •800.877.1111 • ': rou .c
Agenda Item 8.e.
Page 4
41cli el Linn, PE
February 4,, 2008
a �e 21
This letter is not to be construed as an admission ofliability by ICW. All rierhts and defenses avallable t
the surety and its principal are expressly reserved.
Respectfully yours
Ricord M. Lopez
Sr. Loss Control and Clain Consultant
Direct Line: (855) 350-277
Facsimile: 350-2640
-mail: i-1 l e t.?i E!I-oLIp.eo1II
Enc: Exhibit "A"' attachment
CITY OF ARROYO GRANDE, PUBLIC WORKS:
Me
Michael Lina, PE
Its:
Date:
Its:
Date:
City of Arroyo Grande
Agenda Item 8.e.
Page 5
� a h •;
AG WELL #10
Liner Installation & 2 -Week Pump Test Cast Estimate
leath & Associates has recommended a continuous 2 -week, 336 lour, pump test at -50 to 6
gprn flow rate (see T:\AG04-245\Test Cost Bst.d . This is the work that was underway when
the breaches in the well casing joints were discovered with the video camera during pump
testing. Prior remedial work to prevent sand and gravel pack entry into wrell casing included
installation of a -inch PVC Casing and screen liner (626-766) from 560 to 770 feet deep, plus
filter pack. The original well construction had been developed and tested prior to the first down-
hole
o wrn-
h le video that showed fine sand and filter pack material had accumulated at the bottom of the
well.
6-6/8 Inch O.D.-Steel Casing In luldln l -Packer)
6-5/8 Inch O.D. steel casing to 560 feet below the surface:
$1 foot x 560 feet ' $5,6
Installation Cost: -------- --- w ------ - $72500
K_Packer•
Test Pumeing Eguirnent
Enloe Well Drilling, 5123/07Quotation:
Supply and in sta I 110 HP, 50-g p m 2 9V or 86 submersible purnp at 550 ft.
Level -Troll 709 data logger for Constant water level monitoring
Also install a backup airline for water level monitoring
Installation and equipment rental.
Constant monitoring @$25/hour on 1t days
Daily monitoring remaining 13 days @ $200/day. ------ --------------$21600
Construct 20' x 20' x 8' high hay -bale sound barrier (for generator - see below): 000
Electrical Generator Poorer
Generator Dental Cost: $726 per week x 2 weeks: $1,452 + 11 (7.75% tax):
City will provide generator
Fuel. JB Dewar (Brian 459-3392) will rent a 500 gallon tank and will deliver one 590 gallon load
per week- Fuel Consumptlom 2.6 gph x 24 hours x 7 days = -437 gallons per week.
Fuel Cost: 2.6 9ph x 336 hours x ~$8.39/gal (probably less) delivered: ------$2,883
Dent 500 -gal fuel tank: $2 mo. (ruin. Charge) + $209 deliver + $209 pickup: -------.--------$600
Maintenance and refueling: 79.2 gallon fuel tank 2.6 gph = refuel every ~30 hours, or daily
(included in Enloe proposal).
GTA Costa:
Coordinate contractor, vendors, Consultants, etc.: -16 hours x $95/hour:$11520
Check well test 1 site daily: 1 hour/day x 14 days x $95: ___w_______$11330
Review test data and report, make recommendations etc.: -------- -
Clearth & Associates Costs:
Check nearby Los Robles Del Mar wells and AG Well #9 every 2 days:
days x 3 hours/day x $hour: ------- $ 1470
Report preparation: -16 fours x $9/hour: $�
Tatar Coit Estimate:
Agenda Item 8.e.
Page 6
A.
INCORPORATE
`
MEMORANDUM
L JULY 10, 1911
To. CITY COUNCIL
FROM: DON SPA NOLO, DIRECTOR of PUBLICWORKS/CITY ENGINEER tq
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION of A CONSULTANT SERVICES AGREEMENT WITH
BOYLE ENGINEERING CORPORATION FOR THE DESIGN of THE
FAIR OAKS AVENUE SEWER UPGRADE PROJECT, PW 2007,07
DATE: FEBRUARY 28, 2808
RECOMMENDATION:
It is recommended the city Council:
1. approve an agreement with the Berle Engineering corporation in the amount
of $37,746 for the Fair Oaks Avenue Sewer Upgrade Project, PW 2007-07;
and
2. authorize the Mayor to execute the agreement.
FINANCIAL IMPACT:
The FY 2008/09 capital Improvement Program designates $51,400 for the design
phase of the Fair oaks Avenue Sewer Upgrade Project. The Boyle Engineering
Corporation's cost proposal totals $37#746. The total project budget, funded from the
Sewer Fund and the sever Facility Fund, is in the amount of $546,400.
BACKGROUND:
The project scope of work involves the replacement of approximately 2,300 lineal feet
(between r and 10' in depth) of existing 12p' sewer main along Fair Oaks Avenue with a
neer 1W sewer main. This segment of Fair oaks Avenue extends from US 101 to
Valley Road, directly adjacent to Arroyo Grande High School. The intention is to
perform all construction work during the summer months when school is not in session.
On January 2, 2008, staff received eleven proposals from engineering consulting firms
to provide design services for the Fair oaks Avenue Sever Upgrade Project. The
proposals were evaluated and Boyle Engineering Corporation was selected as the most
qualified firm to design the project.
Agenda Item 8.f.
Page 1
ATTACHMENT I
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, is made and effective as , 2008, bet re n
O LE ENGINEERING CORPORATION ATION "Consultant" , and the CITY OF ARROYO
GRANDE, a Municipal Corporation "City" for the FAIR OAKS SEWER UPGRADE
PROJECT, PW 2007-. In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
1. TER
This Agreement shall commence on March 8, 2008 and shall remain and
continue in effect until March 3, Zoog, unless sooner terminated pursuant to the
provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth In Exhibit "A", attached hereto and incorporated herein by this
reference.
3. PERFORMANCE
Consultant shall at all tunes faithfully, competently and to the best of his/her
ability, experience and talent, perforin all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
. AGREEMENT ADMINISTRATION
Don Spagnolo, Director of Public Works/City Engineer, shall represent City in all
matters pertaining to the administration of this Agreement. Mike Nunley, Branch
Manager, r, shall represent Consultant in all matters pertaining to the administration of this
Agreement.
5. PAYMENT
The City agrees to pair the Consultant in accordance with the payment rates and
terms set forth in Exhibit '6BVF, attached hereto and incorporated herein by this reference.
r. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time: for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at
Page 1
Agenda Item 8.f.
Page 2
least ten 1days prior written none,i
ion receipt o said notice, the consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates.portion � this Agreement such suspensionenslon ortrr.naticn shall not make void or invalidate remainder �� Agreement.
(b) In the event this Agreement fsr
minated pursuant to this Section, the Cit
shall pad to consultant the actual valuef
o the work performed up to the time of
termination, provided that the workr�rn�ed Is
� value to the City, Upon termination
of the Agreement pursuant to this lection the Consultant
will submit n invoice
City pursuant to Section 5.
. TERMINATION ON OCCURRENCE OF
STATED EVENTS
This Agreement shall terminate automatically on the occurrence of n of thefollowing events:
(a) Bankruptcy or insolvency any of art •
(b) Sale of Consultant's business; or
(c) Assignment of this Agreement by C •
Consultant without the consent of City.
(d) End of the Agreement terrye i i
feed in lection 1.
8. DEFAULT of CONSULTANT
(a) The Consultant's failure to comply I provisions with the provisionsof thisAgreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have nobliatIcompensating
on or dui t ontrnue
Consultant for any work performed after ther�ni� -
date of default and can terminate this
Agreement immediately by written notice tot
he Consultant. If such failure by the
Consultant to rake progress In the performance of work hereunder arises out of causes
beyond the Consultant's control, and without f '
fault or negligence of the Consultant it
shall not be considered a default.
(b) If the City Manager or his/heir delegate determines that the Consultant Is in
default in the performance of any of the terms conditions •
or conditions of this Agreement, he/she
shall cause to be served upon the Consultant
written note of the default. the
Consultant shall have ten 1days after seri • •
Y e upon it o said notice in which
the default b rind ick to erre
Y# rendering a satisfactory performance. In the event that the
fails to cure its fa Consultant
default within such period of time, the Cit shall '
notwithstanding have l� righty
ending any other provision of this Agreement to terminate this Agreement
without further notice and ritl�#./ut to rVV
prejudicen other remedy to which r may be
entitled at law, in equity or under this Agreement.
Page 2
Agenda Item 8.f.
Page 3
g. LAWS To BE OBSERVED. consultant shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and
local lags, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant's
performance under this Agreement, or the conduct of the services ander this
Agreement;
(c) all tires observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the city#s contract Manager in writing any
discrepancy or inconsistency it discovers in said lags, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
(e) The city, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the consultant to comply with this Section.
10. OWNERSHIP OF DOCUMENTS
(a) consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of city or its designees at reasonable
times to such books and records; shall give city the right to examine and audit said
books and records; shall permit city to make transcripts therefrom as necessary; and
shall allover inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three 3 years after receipt of final payment;
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, naps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
Page 3
Agenda Item 8.f.
Page 4
may be used, reused, or otherwise disposed of by the City without the•
perr�ssion of the
Consultant. With respect to computer files, Consultant shall male available a lablto the City,,
at the Consultant T s office and upon reasonable written re uesttCity,
y he the
necessary computer software and hardware for purposes of ac essin i compiling,
transferrin � '
, and printing computer files.
11. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. To the fullest extent
permitted by law, Consultant shall indemnify,, protect, defend end hold harmless '
. City
and any and all of its officials, employees and agents "Indemnified Parties„ from
and
against any and all losses, liabilities, damages, costs and expenses, including attorney's
fees and costs which arise out of, pertain to, or relate to the negligence, recklessness,
r willful misconduct of the Consultant.
12. INSURANCE
ANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "C" attached hereto and
incorporated herein as though set forth in full.
13. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all tunes remain as to the City a wholly
independent Consultant. The personnel performing the services under thisg reement
on behalf of Consultant shall at all Mines be under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant's officers, employees, ora eras, except
as set forth in this Agreement. consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation} or liability whatever against city: or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. city shall not be liable for compensation or
indemnification to consultant for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection Frith the award, terms or it plementation of this Agreement, including an
method of coercion, confidential financial arrangement, or financial inducement. No
Page
Agenda Item 8.f.
Page 5
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Consultant, or from any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at lair or in equity.
15. NO BENEFIT To ARISE To LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub -agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE of INFO RMATIOC ON FLICTS of INTEREST
EST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City"s prior
written authorization. Consultant, its officers, employees, agents,, or subcontractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, letters of support,, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered gavoiuntary„
provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers,
employees, agents, or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement -and the work performed thereunder or with respect to
any project or property located within the city. city retains the right, but has n
obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However, City's right to review any such response does not imply or mean the right by
City to control, direct,, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by i personal service, H
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (ill) mailing in
Page
Agenda Item 8.f.
Page 6
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City: city of Arroyo Grande
Don Bpagnolo
Director of Public Works/City Engineer
214 B. Branch Street
Arroyo Grande, CA 93420
To Consultant: Mike Nunley
Branch Manager
Boyle Engineering corporation
1194 Pacific Avenue, Suite 204
San Luis Obispo, CA 93401
18. ASSIGNMENT
The consultant shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING LAND
The city and Consultant understand and agree that the lags of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jdF
urisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. T
City and consultant agree that time 'is of the essence in this Agreement.
Page 6
Agenda Item 8.f.
Page 7
22, CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only: and are not intended to be construed to define or limit
the provisions to which they relate.
23. AMENDMENTS
Amendments to this Agreement ,shall be in --writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
24. AUTHORITY To EXECUTE THIS AGREEMENT
The person or persons executing this Agreement- on behalf of Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY of ARROYO GRANDE CONSULTANT
By:
Tony Ferrara, City Mayor
Attest:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
Fuge
Its:
(Title)
Agenda Item 8J.
Page 8
EXHIBIT
SCOPE OF WORK
Agenda Item 8.f.
Page 9
Scope of Work
PROJECT BACKGROUNM
Major task items for the new pipeline projects will include the folloNv-inc ;
• Perform site survey and topographical mapping
• Perform geotechnical assessments along the full pipeline alignment.
• Perform utility research and lntegate with e isd'ng topographical basernap showing existing utilities
along the full pipeline alignment.
• design approximately 1,700 LF of gravity sewer mai along Fair Oaks Ave b t% een US 101 and
Valley Rosa.
PROJECT CONSEDERATIONS
Special project and site consideration are summarized below:
Determine if the project will require a Caltans encroachment permit. If necessary, the permit process
will begin as earl a possible to mitigate potential project delays.
Traffic control will be a concern (see reap on the next page). The segment of the surer replacement
will take place in Fair Oaks Ave, adjacent to Arroyo Grande High School. The City wishes to
complete construction of the sewer during summer ?008 to avoid trafflic disruptions. To accomplish
this, an aggressive design and bid phase .schedule must be maintained.
• A detailed sever bypass pumping specification will be required to prevent any disruptions in suer
service during construction.
• The existing sewer planned for replacement is undersized, but is believed to be in good condition.
Boyle will evaluate the costs and benefits of keeping the existing sewer in service and installing a
parallel sewer.
SCOPE OF WORK
'BASK 1.0 PROJECT KICK-OFF AND SITE WALK
Attend ick -of` meeting with City staff to review project scope, schedule, responsibilities ofproject Learn
members, available information, project deliverables, initial pipe alignment alternatives, known ut'Iity
conflicts, and any construction and operational concerns. Upon completion of the meeting a site walk
will be conducted to identi r any specific concerns prior to the initiation of work.
TASK .0FLfMI 1,kRE GINEFRrq
Sewer Pipeline Information Review
• Review existing information relevant to the planned improvements. Existing information includes
aerial photography. topographic survey* as -built information and existing under ground utility
information.
• Review seNver system record draNvings.
CITY OF
Proposal to Provide Engineednq Services -tir
Fair Ave Sewer Upgrade
i�/ky Ai I fl •#+
j Agenda Item 8.f.
Page 10
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11 Fropesal to Provide EngIneenng Services for
Fair Oars Ave Sewer Unurade
ckgenda item t
Pane 1
Sewer Pipeline Hydraulics
The sewer pipeline size will be based on recommendations from the S fP and may require additional
hydraulics evaluation. It is recommended that the SIVIP flow projections be confirmed in order to verify
the adequacy f the recommended pipe size prior to design.
Utility Research and Surrey valla Group)
topographic survey along the proposed alignment for the new se �Fer will be prepared. Utility research
information will be gathered as needed for e .isting utilities, and all utilities will b plotted on the
existing topographic sur-%,-ey map ofthe proposed alignment. It is assumed that the alignment will b
located wi thin the City Right- `- Way along Fair Oaks Ave.
Sewer Pipeline Geotechnical Evaluation (GS1 Soils)
COSI Soils ofSari Luis Obispo will identify the geological issues critical for the design of the new sewer
main. A project -specific is report for the sewer pipeline will be prepared to include the following:
0 Assessment of subsurface soil, rock and groundWat r conditions along the proposed pipeline
alignment
0 Compaction recommendations for trench backfill
Temporary slopes and shoring considerations
• Constru tability and excavation issues
0 Pipeline design criteria
TASK 3.0 PRELEqINARY DESIGN MEMORANDUM M 3 % Submittal)
Once the pipeline size and ali nr ent have been finalized Boyle Engineering will prepare an initial design
memorandum that swill document the recommended design approach including the items listed below.
a Cnfiniiation of pipe diameter
& Recommended alignment relative to street centerline and other utilities
0 Pipeline materials
• Depth of inverts
0 Location and connection details for recommended tie-in locations to the existing sever system.
0 Preliminary opinion of probable construction costs
Other details appropriate
Boyle will attend one meeting with City staff` to review, discuss, and receive one consolidated set of City
con nentsf Design drawings and specifications will be revised according to City comments.
TASK 4.0 CONSTRUCTION PLANS ANT SPECIFICATIONS
copy of the 60 percent and 95 percent design drawings will be provided d as described below. Project
technical specifications will be prepared in CSI format. Final plans will be l in. = 40 t. scale on 4"
" sheet size. A total of three copies will be provided. The following design drawings are
anticipated (Sheet count may vary):
GIT Y OF
._ Propos to Provide Engineening Services F V r
. _ Fair Oaks Aire Sewer Upgrade
• ft Jk 1 f# i�#: ti � 1
Agenda Item 8.f.
Page 12
Sewer Pipeline Design Plans
Drawin;s will be prepared in plan and profile format using I inch = 40 feet scale. We estimate the
followingdrawings ill e required:
Sheet 1 Title and Vicinity
Sheet 2 Index and Legend
Sheet 3 General Dotes and Typical Details
Sheets 4 - 5 Plan and Profile for Sever Main
Sheet 6-7 Pipeline Details: Trench Section & Misc. Pipe Details
Sewer Pipeline Specirications
Boyle will provide technical specifications in accordance with our standard specifications for
construction, Upfront documents will be provided by the City and modified by Boyle. The technical
specifications will be prepared in CS1 format.
Submittal and Review Meeting
Three copies of the % and 951/16 submittals will be provided for review. Boyle will attend one meeting
with City staff to review, discuss, and receive one consolidated set of City comments. Design drawings
and specifications will be revised according to City comments. Final design drawings and specifications
will be submitted for use in the City's bid package.
Opinion of Probable Construction Cost
Boyle will prepare and submit a final opinion of construction cost following the acceptance of final
project plans and specifications.
Record Drawings
Review the project as -built drawings produced y the Contractor and confirm that the as -built drawings
reflect the current project conditions. Provide the City with a copy of the contractoes as -built drawings
and prepare record drawings. A final set of Mylar sheets will be submitted along with a copy of the
digital CAD files.
Permitting Assistance
Boyle will provide assistance to the City in obtaining the necessary Caltrans encroachment permit i
required by preparing and submitting the necessary exhibits, technical and design data. Boyle will not
be responsible for payment of any permitting fees or other costs associated with this project; said fees are
the sole responsibility of the City.
As an optional service Boric can provide CEQA documentation for the replacement of the Fair Oaks
Sewer. ff'requested, Boyle will team with Rincon Consultants to prepare an Initial Study and a Litigated
Neuati e Declaration.
CIT Y OF
-�# Proposal to Provide Engineering Services =�r
Fair Oaks Ave Sewer Upgre
M +
Agenda Item 8.f.
Page 13
Proposed Schedule
The folloxvincr table outlines our anticipated schedule. A detailed Gantt Chart is provided on the
followinor pale.
Milestone Schedule
A.r-ro ro Grande Fair oaks Ave. Sewer Replacement
I Base Mapping, Survey, and Geotechnical 4 weeks from Notice to Proceed
Preliminary Design r�emorandum 3 % I week following base mapping and soils report
4 Submit 60% Design Submittal Within weeks follo� •ing City acceptance of PDM
Submit 95% Design Submittal Within 2 weeks of receipt of 60% comments
i Submit Final Design Documents Within 1 week of receipt of % design comments
Budget for Engineering -Services
The Project Budget has been prepared based on Boyle's Standard Fees Schedule as attached. NVe
propose to perform the scope of work options outlined above on a time -and -materials basis with a not -to -
exceed budget of ,76.
TASK 5,0 CONSTRUCTION PHASE SERVICES
At the request of the City, Boyle can provide construction phase services on a time -arid -materials basis
per the attached fee schedule. A description of the services Bogle would typically provide for similar
construction jobs is provided below:
Bidding Assistance
Boyle will attend a bid conference to review the project with prospective bidders and answer design
specific questions. Boyle will respond in writing to bidder RFIs, and prepare 'design addenda if required.
Pre -Construction Conference
Conduct a pre -construction conference with the City and Contractor's team as they prepare to mobilize
for the Project, As part of'this effort Boyle will: 1 review the plans and specifications with the
Contractor to facilitate the Contractor's understanding of the Project; review the Contractors
construction schedule and resource scheduling including equipment, labor and supervision planning; and
(3) outline contract requirements regarding security matters such as fences, lighting, and posting of signs.
Progress Pay Estimate
Review the Contractor's progress pay estimates in accordance with the contract documents. Progress
estimates will be supported by source documents, which represent measured quantities. A monthly pay
estimate *Fill be fonvarded to the City with recommendations regarding contractor payment. Maintain a
current estimate of overall construction costs based on the contractor's bid and the earned value the
work performed.
CITY OF
•!�-T Proposal to Provide Engineering Services for
-.
Fair Oaks Ave fete rade � �� � - �,
Cr.1 4r41k1•.Pn fi,.. � �
f
Agenda Item 8.f.
Page 14
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Page 15
Submi taleview &rlanagernent
Review all incoming submittals for confomiance with specifications. Nfaintain a log of and manage the
shop drawings and sar ple�'subrnittal process to confirm that:
• Submittals frorn the Contractor are received and loaned.
a Submittals are reviewed in a timely fashion by Boyle and returned to the Contractor.
Logs are updated on a regular basis.
a Shop drawincys have been reviewed and returned before associated work has begun.
•A copy of'all submittals will be maintained.
Change order Mana emen and Requests for Information (RFIs)
95
Ing#estivate proposed change orders and RFIs submitted by the Contractor or requested by the Ciry.
40
Mange order submittals will include supporting records. oyle's investigation will include the potential
impacts on the Project schedule ana budget and will include a recommendation for approval or
disapproval.
0 Assemble documentation to include such items as inspection reports} test reports, drawings, sketches,
photographs, and other materials as required.
9 Assess the impacts of the proposed change on the Contractor's schedule and operations; and prepare
written response summarizing the impact of the proposed change in terms ofextra costs cost
savings} schedule, and effect onContractor's obligations.
Coordinate responses to R'ts.
• Evaluate the Contractor's price proposals for reasonableness and accuracy of construction quantities,
- rates and unit prices, and time and schedule impacts.
0 Maintain a change order log as a means for tracking change order proposals through the review and
approval process. Boyle will establish files for potential change orders or claims to accumulate
supporting documentation should the issues result in a change order or claire.
Construction observation
Implement observation guidelines for monitoring the duality of the Contractor's work. Conduct field
observation and prepare documentation of construction tasks including but not limited to: construction
staging, utility coordination, earthwork, concrete, and site piping. A photographic log of construction
activities will be kept and copies of s iif icant photographs will he provided to the City.
Upon Witnessing,(and discussing with City) materials, erection or installation process, or levels of quality
that do not meet the requirements of the construction contract documents, issue a Non -Conformance
Report notif {leg the Contractor of such deviation and inquire about the Contractor's proposed corrective
action. Copies will he immediately forwarded to the City.
The Contractor has sole responsibility for compliance with safety requirements on the construction
contract. oyle's staff will monitor the Contractor's general compliance with its s fehr program and
advise the City of observed deficiencies.
Additionally, Boyle will obtain delivery slips and ti ckets for materials delivered to the j obs ite to use
when checking payment requests. Boyle will conduct limited field observation during the construction
CITY OF
Proposal to Provide EnglneeHng Services 1n,
FairOaksAve SewerUpgrade�---�,�._ �_
Agenda Item 8.f.
Page 16
phase activities. It is assumed that h l'Mime obsennation will be adequate for the construction phase of
this project. The actual observation time requirements may vary. At the first indication of complications
or complexities that would require additional obsen-ation time, the City will be notified.
Construction Stakincr Assistance
Boyle will coordinate and assist the surveyor by providing the necessary information fr setting the
initial set ofstakes o r mars that wiII be ne ces sary to establish the lines and ,grades required for the
completion of the work.
Progress Neeting
Boyle will conduct project progress meetings every two weeks or as recommend by the City). The
principle purpose o f the progress meetings will be to review progress and quality, notify the attendees of
any Contractor deficiencies, determine availability of labor, material and equipment for upcoming work,
and address coordination natters.
Final Inspection and Punch List
Boyle will; in conjunction with the City, evaluate the near -completed facilities to confirm general
compliance and/or identify discrepancies and deficiencies in the work- performed by the Contractor. W
will prepare the necessary punch list to identify such items. Upon correction of the punch -list items by
the contractor Boyle will report to the City on the completion of the project, and recommend project
acceptance and final payment to the Contractor.
CITY OF
ro o a1 to Provide Engineering Services -cr
Fair Oaks Ave Sewer Upgrade
aA% f 1 4 1 1 4 n. ,
Agenda Item 8.f.
f
Page 17
0 Project Budget and Fee Schedule
CIT Y OF
4 & P-6
Proposal to Provida.. Engineedng Services
..* .. �7
Fair Oaks Ave Sewer rade# �; .��;; :F _ ��
Agenda Item 8.f.
Page 18
EXHIBIT 8
PAYMENT SCHEDULE
Agenda Item 8.f.
Page 19
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Page 20
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Agenda Item 8.f.
Page 20
5
ED
BOITE ENGLNEERLNG CORPORkTION
LUIS OBISPOOFFICE)
FEE SCHEDULE FOR PROFESSIONAL SERVICES
Effective January 1, 2007
En,ginc rs, Planners, Architects, Scientists:
Principal
Senior 11
Senior I
Associate
Assistant
Construction Observer
Technical Support Staff:
DenignICADD Supervisor -
Senior Designer/Design CADD Operator
DrafterADD Operator
Clerical/General Office
General Project Expenses 1
Direct Project Expenses
Other Reproduction (8-1/2 x 11 /11 x 17 Color)
Plan Sheet Printing — In House Bond Mylar
Subcontracted Services/Reproduction
Subcontracted or Subconsultant Services
Auto Mileage for Construction Phase Services
Travel & Subsistence (other than mileage)
Miscellaneous Supplies/Services
190.00 per hour
$155.00 per hour
140.00 per hour
$120.00 per hour
105.00 per Maur
105.00 ger hour
$110.00 per hour
$105.00 per hour
$95.00 per hour
$67.00 per hour
% of tabor
51.1511.50 per page
.0017.00 ger sheet
Cost + 10%
Cost + 10%
$0.60 ger mile
Cost
Cost x-10%
If authorized by the Client, an overtime premium multiplier of 1.5 may be applied to the billing rate of
hourly personnel who work overtime in order- to meet a deadline which cannot be met during normal
hours.
Applicable sale taxes, if any, will be added to these rags. hivoices will be rendered monthly. Payment is
due upon presentation.
Fee schedule is subject to change.
i Includes mail, telephone, fax, office photo copies, personal co gtIters and mi! aize (except as noted).
CITY or -
Proposal to Provide Engineering Services
T. Fair Oaks Ave Sewer Upgrade �4•�".- * �.
Agenda Item 8.f.
Page 21
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant 'agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to city in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG 80 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,,000,000 per occurrence.
Business Auto coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the enact equivalent. Limits are subject to review, but in no
event to be less than $1 000,,000 per accident. If consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If consultant or consultant's employees will use personal autos
in any Ivey on this project, Consultant shell provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state -approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services} as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claire and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Page 8
Agenda Item 8.f.
Page 22
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests rating of - or better and
a minimum financial size 1111.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1 . Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement leo. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
. lone of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has net been first
submittedsubmifted to City and approved of in writing.
. No liability policy shall contain any provision or definition that would serve
to eliminateso-called "third party action over claims, including any exclusion for bodily
injury to an employee a of the insured or of any Consultant or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
Page
Agenda Item 8.f.
Page 23
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sures due Consultant, at City option.
. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
endeavor' as opposed to being required) to comply with the requirements of the
certificate.
. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self -insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self -insure its obligations to City. If Consultant's existing coverage
includes a deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At the time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solations.
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taping any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
Page 10
Agenda Item 8.f.
Page 24
1 . Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non-compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
1. consultant shall provide proof that policies of insurance required herein
expiring during the terra of this Agreement have been renewed or replaced with other
policies providing at least the sane coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new.coverage must be provided to City within five dans of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or aril -inclusive.
119. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used b
any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
Page 11
Agenda Item 8.f.
Page 25
reimburse any third party for the cost of complying with these requirements. There shell
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Page 12
Agenda Item 8J.
Page 26
o
INCORPORATED
MEMORANDUM
rn
l JULY 10. 191)
oo4
To. CITY COUNCIL
FROM, DON SPAGNOLO, DIRECTOR of PUBLIC WORKS/CITY ENGI 1EER
iG e
Y: JILL McPEEK, SENIOR CONSULTANT ENGINEER
SUBJECT: CONSIDERATION of A PROGRAM of PROJECTS FOR THE CITY of
ARROYO GRANDE'S FY 2007,08 SHARE OF PROPOSITION
FUNDS
DATE: FEBRUARY 2 , 2008
RECOMMENDATION:
It is recommended the council:
approve a program of projects for the City of Arroyo Grande's FY 2007-8 share
of Proposition 1 B funds; and
2. direct staff to forward the attached spreadsheets presenting the City's program of
projects to the California Department of Finance.
FINANCIAL IMPACT:
The City of Arroyo Grande is to receive $400,000 of Proposition 1 B funds for FY 2007-
08.
o -
g. These funds must be expended by June 3, 2011. The amended Capital
Improvement Program CIP budget includes $237,000 of Prop 1 B funds in FY's
20 07/08 through 2009/10 (see table below for list of projects currently programmed with
Prop 113 funds). The actions requested will amend the CIP budget to include an
additional $163, 000 of Prop I B funds, for a total of $400,000.
BACKGROUND:
Proposition 1 B (Prop 1 provided $19.92 5 billion in bond funds for a variety of
transportation prlodties, including $2 billion for cities and counties to fund the
maintenance and improvement of local transportation facilities. The 2007 Budget Act
and chapter 181 , Statutes of 2007 S , appropriate a total of $950 million of these
Prop 1 B funds in 2007-0. Of this amount, chapter 314, statutes of 2007 (AB 196),
specifies that $550 million be allocated to cities and $400 million be allocated to
counties. The share that cities or counties are to be allocated is determined by the
State Contr flees Office (SCO), with county shares being calculated based on the
number of registered vehicles and the number miles of road in the county, and the
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION of A PROGRAM of PROJECTS FOF THE CITY of ARROYO
GRANDE'S FY 2078 SHARE OF PROPOSITION 'I B FUNDS
FEBRUARY 2 , 2008
PAGE 2
county and city being calculated based on population. Each city was guaranteed to
receive a minimum of $400,000.
The bond language states the proceeds can be used for
`projects that will assist in reducing local traffic congestion and further deterioration,
improving traffic Bows, or increasing traffic safety that may include., but not be limited
to., street and highway pavement maintenance, rehabilitation, installation,
construction and reconstruction of necessary associated facilities such as drainage
and traffic control devices, or the maintenance, rehabilitation, installation,
construction and reconstruction of facilities that expand ridership on transit systerns,,
safety projects to reduce fatalities, or as a local match to obtain state or federal
transportation funds for similar purposes. '
ANALYSIS of ISSUES:
In order to receive the FY 2007-08 Prop 1 B funds, counties and cities must approve e a
plan for the use of the funds and submit the plan aria e-mail to the Department of
Finance DF on the spreadsheets provided by DF (attached). The following table is
a proposed program of projects identified by staff for the City's share of FY 2007-0
Prop 1 B funds
Project N. Project Name
Amended
Proposed
Revised
Budget
Changes
Budget
350-5421—
50-5421—
GlS Databasg.& Aerial Photorrahy iodate
GIS
Sewer Fund
$ 59000
59000
Water Fund
15,000
o
15,000
Sales Tac moved tmm 50- �svio Dei mar)
0
+ 59000
51000
Prop 1 B(not applicable use of Prop 1B funds)
, 51000
- ,00
o
Total
$25sOOO
$ o
$ 251P 000
350 -5638 -
Pavement Management emen Program Projects
(James Way Overlay)
USHA
$41v089
$ 41,083
Sales Tax
54,186
0
54,186
Sales Tac moved from 350-5655 Bfisco Road)
0
17,725
17,725
Prop 1 B (moved from 350-5656 El Camino Real)
+$1000000
1 ,000
Prop 1 B
0
+ 103.000
18 0
Total
$95,275
+ $ 280#725
$376,000
Agenda Item 8.g.
Page 2
CITY COUNCIL
CONSIDERATION F A PROGRAM OF PROJECTS FOR THE TTY of ARROYO
GRANDE'S FY 2007,48 SKATE OF PROPOSITION 'I B FUNDS
FEBRUARY 26, 2008
PACE 3
■
Project Pry Anne
Amended
Pr
Revised
Budget
Changes
Budget
350 -5656 -
El Camigo-Pavement Rehabilitation
USHA
184,000
$ 0
$ 184,000
RDA
1159000
0
115,000
Sales Tax
509,000
0
5099000
Prop 1 B (move to 350-5638 Pavement Mgt Prof)
200.000
-1
1_ 00
Taal
$ 1,0089000
- $100,000
$
350-5662-
nghr ark Survey
'�Yi.l•IYiM
General Fund
$ 31431
$ 0
$ 3,431
Traffic Cir ulabon
109000
0
10,000
Sales Tax(move ove t 350-5638 Pavement Mgt Pro
+ 4,500
41500
Prop 1 rrot applicable use of Prop 1B funds)
4,500
`; 550
Total
$17,931
_4
$ 0
$179931
350-5668 —
J asoWl elson Americans with
Disabilities Act ADA Raffigs
CG
$139300
$ 0
$ 13,000
Sales T X(moved from 350-5678 Cast& Del Mar
0
+ 20,000
20,000
Prop 1 ro ect com to#ed prior to Prop iB funds)
2.04000
- 20, 00
Total
$ 33,30
$ 0
$ 33#300
350-5678—
Castillo DelMar Road Extensionl
Vail
.gy Road Drainag.9 Irrrrls
Developer Contributions
$650.,000
$650,000
Sales Tax�m ve to 1 , Benchmark, HIDA Ramps)
150,000
-29,500
20, 505
Prop I V
7,500
+29,500
37
Total
$807,500
$ 0
$807v500
Agenda Item 8.g.
Page 3
CITY COUNCIL
CONSIDERATION of A PROGRAM of PROJECTS FOR THE CITY OF ARROYO
GRANDE'S FY 2007 SHARE OF PROPOSITION 1 B FUNDS
FEBRUARY Y 2 , 2008
PAGE 4
In order to increase General Fund reserves, it is recommended that General Fund
monies budgeted for the GIS Database and Benchmark Survey be replaced with Local
Sales Tax revenue currently budgeted for the Castillo Del lar project. These funds will
be replaced with Proposition 1 B revenue. The primary addition will be the James Way
Overlay, which can now be funded in this fiscal year. However, it will also require
transferring funds from the EI Camino teal Pavement Rehabilitation project. Therefore
allocation of future Local Sales Tac funds will need to be increased to fully fund this
project.
ALTERNATIVES:
The following alternatives are presented for the Council's consideration:
Recommended Al e ria i e: - Approve the program of projects identified by staff
and direct staff to forward the program of projects plan to the DF in order for the
City to receive $400#000 of Prop I E funds.
•Modify the program of projects and direct staff to forward the modified program of
projects plan to the D F in order for the city to receive $400,000 f Prop 1
funds. The primary alternatives identified by staff are to fully fund El Camino
Real Pavement Rehabilitation project, or increase funding for pavement
management projects, ADA ramps and/or sidewalk improvements.
Do not approve a program of projects and do not receive $400,000 of drop 1 E
funds.
ADVANTAGES:
By receiving the city's FY 2007-08 share of Prop 1 B funds and programming the funds
on the projects identified by staff, it will fully fund the James Way Overlay project which
has been designed and is ready for construction. The James Way project has been
identified as the net highest priority pavement management project. It was originally
programmed med in FY 2006/07, but has been delayed twice due to cost increases.
DISADVANTAGES:
By receiving the city's FY 2007!08 share of Prop 1 B funds and programming the funds
on the projects identified by staff, it will not fully fund the future El Camino Real
Pavement Rehabilitation Project.
ENVIRONMENTAL TAL RE IEW:
Environmental determination for the proposed program of projects will occur when the
City council approves the plans and specs for each of the projects.
Agenda Item 8.g.
Page 4
CITY COUNCIL
CONSIDERATION OF A PROGRAM OF PROJECTS FOR THE CITY OF ARROYO
GRANDE'S FY 2007-08 SHARE OF PROPOSITION 16 FUNDS
FEBRUARY 26, 2008
PAGE 5
PUBLIC NOTIFICATION AND COMMENTS:
TS:
The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The
Agenda and staff report were posted on the city's website on Friday, February 22,
2008. No public comments were received.
Attachments:
1. Spreadsheets presenting the City's FY 2007-08 Prop 1 E program of projects.
jem:AA:1-:it of Arroyo rend - general conultjnl - adinitretirl�'rop Bun Docunt~lrop s Proarr
Of Projects staff Report -9 -o,do
Agenda Item 8.g.
Page 5
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Agenda Item 8.g.
Page 8
RO
INCORPQgATE
A&Y 10, 1911 MEMORANDUM
-qOF
TO: CITY COUNCIL
FROM. ROB STRONG, COMMUNITY MUNITY DE EL PME T DIRECTOR
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING A JOB
DESCRIPTION AND SALARY FLANGE FOR THE PART TIME OFFICE
ASSISTANT II POSITION
DATE; FEBRUARY 26, 2008
RECOMMENDATION:
It is recommended the city Council adopt a Resolution establishing a job description
and salary range for the part time Office Assistant II position.
FINANCIAL CIS L IMP CT:
The requested change from a full time Office Assistant II position to two part time Office
Assistant II positions wiII result in savings of a pp roximately $111000 in FY 2007-0 8 and
$33,000 in FY 2008-09.
BACKGROUND:
The approved two-year budget for FY 2007-8 and 2008-09 provides for one full time
Office Assistant II who serves as the Community Development Department's
receptionist and assistant to the department's Administrative Secretary. In October
2007, the Office Assistant ' II requested maternity leave from the position and was
scheduled to return to work in March 2008. In the interim, until recently, the department
employed a full time temporary Office Assistant 11 through an employment agency, but
budget constraints required the department to vacate the temporary position. The
employee has now requested to return to work on a half-time basis only and remain at
home with her neva baby part-time. As a result, the Community munity Devel pment
Department proposes to eliminate the full-time position and create two 2 half time
positions to serve the same functions.
ALTERNATIVES.
The following alternatives are provided for the council's consideration:
Approve the request to eliminate the full-time Office Assistant II position and
create two 2 half time positions.
Do not amend the budget and risk loss of the current employee which would
require recruitment and training of a new full time person.
Provide other direction to staff,
Agenda Item 8.h.
Page 1
CITY COUNCIL
CONSIDERATION of A RESOLUTION ESTABLISHING A JOB DESCRIPTION AND
SALARY RANGE FOR THE PART TIME OFFICE ASSISTANT T II POSITION
FEBRUARY 2, 2088
PAGE 2
ANALYSIS of ISSUES:
The Office Assistant II position is currently vacant due to a request for maternity leave
and the budget constraints that required the department to terminate a temporary full
time replacement. This has placed temporary strain on the Administrative Secretary,
who has no office Assistant. The Department has provided some relief by use of
Planning Interns and assignment of Assistant Planner to serve as receptionist and
provide office clerical assistance. However this temporary resolution cannot be
sustained on a long -terra basis.
The Department does not want to lose the excellent experience and performance of the
current employee and is confident that her return on a half time basis is better than
recruiting and training a neva full time person for this important position. The elimination
of the full time position and the creation of two half time positions will enable the
department to retain two well-qualified and experienced persons while also responding
to the preferences of the potential returning staff member. Further, the change would
provide for a budget reduction since the two half time positions would not provide for the
sane fringe benefits as the single full time position. Since this will eliminate a position
covered by SEW, they have been notified and are not opposed. At some point in time
in the future, the position will likely return to full time.
ADVANTAGES:
The creation of two half time positions is responsive to the request of the current
employee and also benefits the department's budget by saving full time position fringe
benefits.
DISADVANTAGES:
If the two half time positions were not accepted by well-qualified and experienced
persons, the department might need to propose return to a single full time Office
Assistant II to maintain its current level of service. This would require reconsideration
by the City Council in subsequent budget years.
ENVIRONMENTAL REVIEW:
The budget amendment does not constitute a project according to CEA and therefore
no environmental review is required for this item.
PUBLIC NOTIFICATION ANIS COMMENTS:
TS:
This budget amendment was initiated at the request of a current employee on maternity
leave and does not involve any public notification. The Hunan Resources Manager and
City Manager have coordinated with the SEW because the Office Assistant II position is
represented by this union.
Agenda Item 8.h.
Page 2
RESOLUTION TION IVO.
RESOLUTION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE ESTABLISHING A JOBS DESCRIPTION AND
SALARY RANGE E FOF THE PART T TIME OFFICE ASSISTANT II
POSITION
WHEREAS, EAS, the City Council of the City of Arroyo Grande "City" deems it in the best
interest of the City eliminate the full time Office Assistant II position in the Community
Development Department and create two half time positions to enable the department
to retain its current level of service; and
WHEREAS, S, the City Council of the City of Arroyo Grande "City" deems it in the best
interest of the City to establish a salary range for the part time Office Assistant II
position; this position will be placed on a permanent part time employee salary
schedule;
NOW, THEREFORE E BE IT RESOLVED ED by the City Council of the City of Arroyo
Grande that the position of part time Office Assistant ll is hereby established to perform
the duties and responsibilities set forth in the job description of Office Assistant ll.
E IT FURTHER RESOLVED that the salary range for part time office Assistant II
position shall be as follows:
POSITION START
I YEAR
2 YEAS
3 YEARS+
PAY
SERVICE
SERVICE
SERVICE
Office Assistant 11 $15.82
$16.61
$17.44
$18.31
Per City Council Resolution 4035, a 3% COLA will be effective June 27, 2008 for all part
time employees as follows:
START I YEAR 2 YEARS 3 YE i S+
PAY SERVICE SERVICE SERVICE
Office Assistant II $16.29 $17.11 $17.96 $18.86
On motion by Council Member
following roll call Vote, to grit:
AYES:
NOES:
ABSENT:
, seconded by Council Member
the foregoing Resolution was adopted this 26th day of February Zoo.
, and by the
Agenda Item 8.h.
Page 3
RESOLUTION IVO.
PAGE
TONY FEAFA, MAYOR
ATTEST:
KELLY 1 ETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN [ASS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.h.
Page 4
R
INCORPORATED
.AXY 10. 19111*
To: CITY COUNCIL
FROM: DOUG PERRIN,
FACILITIES 44P,
MEMORANDUM
DIRECTOR of PARS, RECREATION AND
SUBJECT: CONSIDERATION of A RESOLUTION APPROVING APPLICATION
FOR LAND AND WATER CONSERVATION GRANT FUNDS FOR THE
MEADOW CREEK PATH CONNECTION PROJECT
DATE: FEBRUARY 2, 2008
RECOMMENDATION:
l:
The Parks and Recreation Commission recommends the City Council adopt
Resolution approving filing of an application for Land and vaster Conservation Grant
Funds for the Meadow Creek Path Connection Project.
FINANCIAL IMPACT:
The Meadow Creek Path Connection Project is estimated to cost $51,282. The City
would be required to finance the entire project then be reimbursed up to 0% of the
actual project expenditures. Park Improvement Funds would need to be allocated at
the time the grant is approved and the contract awarded. Although the City must certify
it has matching funds and can finance 100% of the project, no funding commitment is
made at the time of application.
BACKGROUND:
The Federal Land and Water Conservation Fund L CF has allocated money to the
State of Californias to be used for statewide planning, acquiring and developing of
outdoor recreation areas and facilities. The State of California Department of Parks and
Recreation office of Grants and Local Services OGALS administers the program.
Although the State's apportionment is unknown at this time, applications are due by
March 3, 200 8.
At its February 13, 2008 ,meeting, the Parks and Recreation Commission ion prioritized
three potential path projects to be considered for grant funding from the Land and
Vater Conservation Fund. In addition, it recommended the City Council adopt a
Resolution approving filing an application for Land and Water Conservation Funds. In
order of priority, the three projects include: 1Arroyo Grande Creek Path Connection —
illage to Post office, 2 Meadow Creek Path Connection - City of Arroyo Grande open
Space, and 3 Arroyo Grande Creek Path Connection — Fair oaks Avenue to Cerro
Vista Circle. Both the Arroyo Grande Creek Path Connection — Village to Post office
and the Arroyo Grande Creek Path Connection — Faqir oaks Avenue to Cerro Vista
Circle projects would require acquisition and development. However, subsequent to the
Agenda Item 8.i.
Page 1
CITY COUNCIL
CONSIDERATION of ADOPTION of A RESOLUTION APPROVING APPLICATION
FOR LAND AND HATER CONSERVATION FUNDS FOR THE MEADOW II C EES
PATH CONNECTION PROJECT
FEBRUARY 26, 2008
PACE 2
February 13, 2008 Parks and Recreation reation Corr mission meeting, staff learned that the
allocated LWCF grant funds could not be used for both acquisition and development.
Priority 2 is being recommended since the City owns the property on which the Meadow
Creek Path Connection — City of Arroyo Grande Open space would be built.
proposed creek side path along the Meadow Creek Tributary would run in a generally
east west direction from the .James way oak Habitat, behind the oaks Park Leisure
Gardens and K -Hart, proceeding southwesterly between K -Mart and the Casa Grande
Motel and terminating at Oak Perm Boulevard. Consistent with the Parks and
Recreation Element policies and trail system proposals, the trail would serve to function
as an important recreation link for an overall Meadow Creek trail from the see through
the Cities of Pismo Beach, Grover Beach and Arroyo Grande to the rural County lands.
The City connection is included on a parcel that is currently owned by the City, serves
as open space, and already includes a partial trail.
Preliminary funding for this project is included below:
TASK
Description — Meadow Creek Trail
Cost
1
1,600 lineal feet of 4 ft. wide pathway of decomposed
$3 81A0
granite including erosion control and (predominantly
$6/sq. ft.
construction with some repair of existing trails
2
20 l.f: of post and rail, 4 ft. high fence, including 40
$6,000 lump sum
posts and 960 if f of rail with 'wire mesh (near
drainage basin)
10% Design and construction administration
$41440
% Contingency Allowance
$2,442
TLAL REQUEST
$51)282
ANALYSIS of ISSUES:
If approved by the City Council, staff= will submit an application to the California
Department of Parks and Recreation. Applications are competitive and cities, counties
and special districts are eligible to apply. The City must certify it has matching funds
and can finance 100% of the project, of which up to % may be reimbursed. If
recommended for funding, the City must complete the federal application requirements
and allocate $517282 from the Park Improvement Fund.
Agenda Item 8.i.
Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION of A RESOLUTION APPROVING APPLICATION
FOR LAND AND WATER CONSERVATION VATION FUNDS FOR THE MEADOW CREEK
PATH CONNECTION PROJECT
FEBRUARY 26, 2008
PAGE 3
ALTERNATIVES:
1. Adopt the Resolution approving filing an application for Land and Water
Conservation Funds;
2. Do not adopt the Resolution; or
3. Provide direction to staff.
ADVANTAGES:
This project will expand the City's trail system and will enhance access to the Meadow
Creek natural open space area. It will also enable the City to take advantage of right-
of-way dedicated for trail access by the Shep el Project.
DISADVANTAGES:
If Land and Water Conservation Fund Grant funding is approved, the City must allocate
$51 282 from the Park Improvement Fund. A maximum of 50 % is reimbursable.
ENVIRONMENTAL REMEVIG:
No environmental review is required at this time.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted in front of City Hall on Thursday, February 21, 2008. The
agenda and staff report were posted on the City's website on Friday, February 22,
2008.
Agenda Item 8.i.
Page 3
RESOLUTION No.
A RESOLUTION of THE CITY COUNCIL OF THE CITY of
ARROYO o o GRANDE APPROVING THE APPLICATION FOR
LAND AND WATER CONSERVATION FUND GRANT;
T;
MEADOW CREEK PATH CONNECTION PROJECT
WHEREAS, EAS, the Congress under Public Law -578 has authorized the establishment
of a Federal Land and Water Conservation Fund Grant -In -Aid program, providing
matching funds to the State of California and its political subdivisions for acquiring lands
and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation reation is responsible for
administration of the program in the state, setting up necessary rules and procedures
governing Applications by local agencies ander the program; and
WHEREAS, said adopted procedures established by the State Department of Parks
and Recreation required the Applicant to certify by resolution the approval of
Applications and the availability of eligible Matching funds prior to submission of said
Applications to the State; and
WHEREAS, the proposed Meadow Creek Path Connection Project is consistent with
the most recent California outdoor recreation Plan (CORP); ; and
WHEREAS, EAS, the Project must be compatible with the land use plans of those
jurisdictions imrediately surrounding Project.
NOW THEREFORE, E, BE IT RESOLVED that the City Council- of the City of Arroyo
Grande hereby:
Approves the filing of an Application for Land and Water Conservation Fund
assistance; and
2. Certifies that said agency has matching funds from eligible source(s) and can
finance 100 percent of the Project, which up to half may be reimbursed; and
3. Certifies that the Project is compatible with the land use plans of those
jurisdictions immediately surrounding the Project; and
. Appoints the City Manager as agent of the Applicant to conduct all
negotiations and execute and submit all documents, including, but not limited
to, Applications, contracts, amendments, payment requests, and compliance
with all applicable current state and federal lavers which may be necessary for
the completion of the aforementioned Project.
Agenda Item 8.i.
Page 4
RESOLUTION NO.
PAGE 2
On motion of Council Member , seconded by Council Member
and on the following roil call Grote, to it:
AYES:
TOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
2008.
Agenda Item 8.i.
Page 5
RESOLUTION N .
PAGE
TONY FERRARA, MAYOR
ATTEST:
KELLY I ETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
NEY
Agenda Item 8.i.
Page 6
` INCORPORATE
JULY 10. 1911
MEMORANDUM
T: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
BY. KELLY HEFFERNI, ASSOCIATE PLANER
SUBJECT: CONSIDERATION OF AGREEMENT FOR CONSULTANT
SERVICES FOR PREPARATION F AN AFFORDABLE
HOUSING IN -LIED FEE NEXUS STUDY; APPLICANT: CITY OF
ARROYO GRANDE; LOCATION: CITYWIDE.
IDE.
DINE: FEBRUARY 2, 2008
RECOMMENDATION:
It is recommended the city Council approve an Agreement with Tierra West Advisors
for preparation of an Affordable Housing In -Lieu Fee Nexus Study in an amount net t
exceed $22,500.
FINANCIAL IMPACT:
It is recommended that the Affordable Housing Ire -Lieu Fee News Study "Nexus
Study" be funded through the city's RDA set-aside fund, which currently has a balance
Of $1,226,138. Once the Nexus Study is completed and an in -lieu fee is established,
the city will gain revenue from pending and future residential and mixed-use projects
with an affordable housing in -lieu fee requirement. Municipal Code Section 16.80.050
defines how the Inclusionary Housing In -Lieu Fee is calculated, to be confirmed by the
City Council periodically. No other financial impacts are projected from this
recommendation.
BACKGROUND:
On December 11, 2007, the city Council repealed and replaced Chapter 16.80 of the
Municipal Code to integrate the policies and programs of the 2005 Amended Housing
Element regarding the City's inclusionary affordable housing requirements (see
Aftachment 1 for Ordinance No. 595. The Ordinance requires that all residential
developments or land subdivision projects of two or more units provide affordable
housing units to be rented or sold to qualified Low, Moderate or Very Durr -income
households. However, the Ordinance permits applicants to satisfy inclusionary housing
requirements by payment of in -lieu fees or dedication of land rather than providingon-
site affordable units.
Agenda Item 8.j.
Page 1
CITY COUNCIL
AWARD of CONTRACT FOR AN AFFORDABLE BLE HOUSING IIS -LIEU FEE NEXUS STUDY
FEBRUARY 2, 2008
PAGE
On November 2, tog, the city Council authorized staff to issue a request for
proposals (RFP) for a Zeus Study in order to ensure the in -lieu fee is developed and
established consistent with all legal requirements.
ANALYSIS SIS of ISSUES:
Inclusionary affordable housing requirements may be met by payment of an in -lieu fee
paid into the affordable housing trust fund for housing projects of up to fire units.
Fees are required to be paid prior to issuance of the first ministerial permit and may be
made for each phase of a phased project. The City currently requires compliance on
case-by-case basis and has based fees on State affordable housing and cost of
construction standards. Calculating fees has been challenging due to changing
standards and costs of construction and applicability to diverse projects. The purpose
of the Nexus Sturdy is to ensure the in -lieu fee is established consistent with all legal
requirements. The scope of work for the Nexus Study is as follows:
Analyze current and projected local housing costs for all residential units,
including rental and ownership housing for mixed use, apartments,
condominiums and single-family residential units in the City of Arroyo Grande.
Include recommendations for use of either C.PI, Engineering New Index or other
fee escalator methodology.
Provide methodology for calculation of in -lieu fees for Very Lour, Low and
Moderate -income groups as established by the California Health and Safety
Code Sections 50052.5 through 50053 and qualified for inclusionary affordable
housing units ander the Inclusionary Affordable Housing Ordinance. Review rr the
affordable gap analysis ars follows:
o Identify target levels as indicated above.
o Calculate maximum affordable monthly housing costs by income level and
household size.
o Define affordable housing expense for renters and owner.
o Calculate 'tire affordability gap between the market -rate and affordable -rate
housing.
o In discussion with city staff, investigate the possibility of City participation as
part of the gap calculation. Provide estimates of total costs to City and
potential revenue sources ars part of the analysis.
Prepare a report to provide a defensible and reasonable nexus between the in -
lieu fee and the need to meet affordable housing goals.
Provide twenty 20copies of the final report to the City.
Commence the in -lieu fee study by attending an initiation meeting with City staff
to review the study's scope, process. and schedule.
Plan to attend at least two 2 additional meetings with staff and at least two 2
public hearing meetings with the Planning Commission and City Council.
Confer and consult ars needed with agency special legal council, City Attorney
and staff.
Agenda Item 8.j.
Page 2
CITY COUNCIL
AWARD of CONTRACT FOR AN AFFORDABLE HOUSING IN -LIEU FEE NEXUS STUDY
FEBRUARY 26, 2088
PACE
The FFP was sent to twelve 12 firms onJanuary 15, 2008. The City received two
proposals, one from Pacific Municipal Consultants PMC with a cost proposal of
$35,920, and one from Tierra West Advisors with a fee quote not to exceed $22,500.
Both firms are highly qualified to perform the Zeus Study; however, given the
considerable cost difference between the two proposals ($'13,420), staff recommends
approving an agreement with Tierra West Advisors.
Tierra West Advisors has performed other prior affordable housing work for the City,
which staff has been very satisfied with. A copy of their proposal is included as
Attachment 2.
ALTERNATIVES:
The following alternatives are offered for Council's consideration:
-
Approve an agreement with Tierra West Advisors for preparation of an Affordable
Housing In -Lieu Fee Zeus Study in an amount not to exceed $22,800;
- Approve an agreement with PMC for preparation of a Nexus Study in an amount
not to exceed $35,920;
- o not approve an agreement at this time and direct staff to send out another
request for proposals (RFP);
- Reconsider the authorization to issue an IFP for a Nexus Study; or
- Provide other direction to staff.
ADVANTAGES:
The following are positive aspects of approving an agreement with Tierra flet Advisors
to establish an accurate housing in -lieu fee with respect to the goals and policies of the
city:
The City will have an established and legally defensible affordable
housing in -lieu fee than will help make up the difference between
market rate and affordable units.
Approving an agreement with Tierra West instead of PMC will save the
City $13,420.
DISADVANTAGES:
The City will be paying for an Affordable Dousing In -Lieu Fee Nexus
Study at a time when the City's budget is restrained,
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The
Agenda and report were posted on the City's website on Friday, February 22, 2008. No
public comments were received.
Agenda Item 8.j.
Page 3
CITY COUNCIL
AWARD OF CONTRACT FOR AN AFFORDABLE HOUSING IN -LIEU FEE NEXUS STUDY
FEBRUARY 26, 2008
PAGE 4
Attachments:
1. Ordinance No. 595
2. Proposal from Tierra West Advisors
ACommunity velopm ntlPRO JE T I PE I LIH U I I —I UES\4FF I D BLE—HOU II I u tud 1 -26-08 CC Staff
epork.do
Agenda Item 8.j.
Page 4
ATTACHMENT 1
ORDINANCE 595
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE REPEALING AND REPLACING
CHAPTER 16 80 OF TITLE 16 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING THE ClTY'S
INCLUSIONARY AFFORDABLE HOUSING
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN
AS FOLLOWS
SECTIO FINDINGS AND PURPOSE
The City Council finds and declares
A Renal and owner -occupied housing in the City has become steadily more
expensive Housing costs have gone up faster than incomes for many groups
in the community
B Many persons who work in the City who have groom up or have faintly ties in
the City who already live in the City but must move, or who rnnsh to live in the
City for other reasons, cannot afford housing in the City
C Federal and State government programs do not provide nearly enough
affordable housing or subsidies to sabsiy the housing needs of moderate, low
or very low income households
0 Rising land pnces have been a key factor in preventing development of new
affordable housing New housing construction in the City that does trot
include affordable units aggravates the existing shortage of affordable
housing by absorbing the supply of available residential land This reduces
the supply of land for affordable housing and increases the pnoe of remaining
residential hand At the same time, new housing oontnbutes to the demand
for goods and services in the City, increasing local service employment at
wage levels which often do not permit employees to afford housing in the
City Providing the affordable units required by this chapter will help to insure
that part of the City's remaining developable land is used to provide
affordable housing
E The City wishes to retain an economically balanced community, with housing
available to very low income, low income and moderate income households
The Crtys General Plan implements the established policy of the State of
California that each community should foster an adequate supply of housing
for persons at all economic levels
Agenda Item 8.j.
Page 5
ORDINANCE NO 595
PAGE 2
F An economically balanced community is only possible if part of the new
housing built in the City is affordable to households with limited incomes
Requiring builders of new housing to include some housing affordable to
households at a range of incomes is fair, not only because new development
without affordable units contributes to the shortage of affordable housing but
also because zoning and other ordinances oonceming new housing in the
City should be consistent with the community s goal to foster ars adequate
supply of housing for persons at all economic levels
SECTION 2 CHAPTER 16 SD "Affordable Housing Requirements"
Chapter 16 80 of Title 16 of the Arroyo Grande Municipal Code entitled "Affordable
Housing Requirements , is hereby repeated and replaced in its entirety as follows
Chapter 16 80 Inclusionary Affordable Housing Requirements
1680010
Purpose
1680020
Definitions
1680030
Applicability
1680040
Provision of Housing tnaieu Fee. or Dedication of Land
1680050
Calculation of Housing or In-Iieu Fee
16 80 060
Implementation
1680 070
Affordable Housing Trust Fund —Deposit
16 80 080
Affordable Housing Trust Fund — Administration
1680090
Project Approvals
1680100
Regulations
1680120
Application To Density Bonus Calculations
1680130
Adjustment to Avoid Unlawful Exaction or Taking
18 80 010 Purpose
The purpose of this chapter is to provide a continuing supply of affordable housing ends
to meet the needs of existing and Mure Arroyo Grande residents in all income
categories pursuant to the requirements of California state law, and as ouVmed in the
qty's adopted housing element
16 80 020 Deftnit ons
The definitions of this section and of Section '1604 070 shall govern this chapter
"Affordable housing Dost" has the same meaning as defined in Section 50052 5(b) of
the Caldomia Health and Safety Code In addition, the City Council may adjust the
definition of "affordable housing costs" as d applies to owner -occupied housing in the
regulations, provided that such adjusbnents are consistent with the optional provisions
of Sections 50052 5(b)(3) and/or 50052 5(b)(4) of the Caldomia Health and Safety
Agenda Item 8.j.
--- Page 6
PAGE 3
Code Those expenses bated in Tale 25 of the California Code of Regulations Section
6920, shall be deducted from, the affordable housing costs for owner -occupied housing
For tenant -occupied renal housing, "affordable housing cost" shall have the same
meaning as the term "affordable rent" as that term is used for each income level in
Section 50053(b) of the Caldomia Health and Safety Code Affordable housing costs
for rental housing shall include a reasonable utility allowance, as such utility allowance
may be adopted by the City Council from time to time in the regulations In addition the
City Council, in the reguiabons, may adjust the definition of "affordable housing costs"
as 4 applies to rental housing, provided that such adjustments are consistent with the
optional provisions of Sections 50053(b)(3) and/or 50053(b)(4) of the California Health
and Safety Code
"Affordable housing urnts" means units governed by a legal covenant or other restriction
enforceable by the city restncting the aVailability of the units to lower income and very
low income residents, which units are rented or sold to lower income or very low income
households as defined in this subsection
"Developer" means an applicant for an approval or a permit required for a residential
subdivision or to construct a residential development project
"Housing untr means one or more rooms, designed occupied or intended for
occupancy as separate living quarters, with full coolung, sleeping and bathroom facilibes
for the exclusive use of a single household
"In -lieu fee" means a fee paid to the city by a developer subject to this chapter in -lieu of
providing the required affordable housing units
"Lower income households" means those households defined in Section 50079 5 of the
California Health and Safety Code
Moderate Income" or "persons and families of moderate income means those middle.*
income famUms as defined in Section 50093 of the Calrfomia Health and Safety Code
"Project" means a residential development or land subdivision proposal for which city
permits and approvals are regwred
"Redevelopment Agency" means the Arroyo Grande Redevelopment Agency, a public
body, corporate and po1ft organized and existing under the Califomia Commurnty
Redevelopment Law (Health & Safety Code Section 33000 et seq )
"Regulations" means the adopted regulations implementing this Chapter as provided in
Section 16 80 100
"Substantial rehabilitation" or "substantially rehabilitated" means the substantial
rehabilitation of a dwelling unit(s) as defined in section 33413(b)(2)(ry) of the California
Health and Safety Code
Agenda Item 8.j.
Page 7
PAGE
"Very low income household" means those households defined in Section 50105 of the
California Health and Safety Code
16 80 030 Applicability of inclusionary Affordable Housing Requirements
This chapter shall apply to the construction of any new residential project of two (2) or
more housing units or the substantial rehabilitation of two (2) or more housing units,
and shall also apply to any development that results from the conversion of two (2) or
more existing rental housing urnts to ownership unds or from such conversion of two (2)
or more ewshng housing units from an exempt use to a nonexempt use A project
consisting of one (1) single family residence and/or a secondary dwelling on the same
existing parcel shall be exempt from the requirements set forth in this chapter
76 80 040 Prowsion of Affordable Housing, In-heu Fee, or Dedication of Land
The developer shad meet affordable housing requirements by providing on-site
affordable housing units meeting the standards set forth in this chapter, or paying a fee
in -lieu of providing such housing, or dedicating land to the cdy to be used for
development of affordable housing Payment of an in -lieu fee or the dedication of land
shall be allowed pursuant to this chapter of the city council finds that any of the following
circumstances apply
A The provision of the required affordable housing urttts on the site is impractical
for physical reasons including, but not limited to, the following utility infrastructure
limitations, traffic safety or traffic capacity limitations site design constraints which
preGude the development of the property to city standards at the density permuted
pursuant to the general plan or zoning distnct in which the property is located, or
B The city caunal determines that the payment of in -lieu fees or the dedication of
land will provide a superior opporturnty to satisfy the goals and policies of the general
plan or
C The payment of in -lieu fees or the dedication of land to the city will provide an
equivalent level of mitigation to that of on-sde production of the required affordable
housing units, or
D Noiwdhstanding the foregoing a project consisbng of two (2) to four (4)
residential units may sabsty the inclusionary requirements by payment of an in -lieu fee
as established by city council
16 80 050 Calculation of Inclusionary Affordable Housing Requirement or In4lieu
Fea Or Dedication
A Housing unit projects to which this chapter applies must provide for the following
number of affordable housing urns
Agenda Item 8.j.
Page 8
VASE
1 Provision of affordable housing units of at least 5% very -low income units,
or
2 Provision of at least 10% lower income unrts, or
3 Provision of at least 7596 moderate income unds where the proposed
project is planned for rental units or urnts that are not developed as a common
interest development pursuant to Civil Code sec#ion 1351, or
4 An equivalent combination as determined by the community development
director
B In -lieu of including the affordable housing units in the protect pursuant to paragraph
A of this Section 76 80 050, an applicant for a housing unit project may meet the
requirements of this chapter by payment of an in -lieu fee in accordance with fee
amounts and standards adopted by the city council in the regulations implementing this
chapter Payment of the inAeu fee shall be made as follows
I The amount of the fee shall be calculated using the fee schedule
established by resolution of the city council
2 The m-Jieu fee required by this section steall be paid pnor to issuance of
the first mirnstenal penmit, including but not limited to a grading, demolition, or
building permit, for all or any part of the project Payment may be made for each
phase of a phased project before the issuance of the grading or budding permit
for such phase, as applicable
3 The in -lieu fee collected shall be deposited in the affordable housing trust
fund pursuant to Section 1680 070
C In -lieu of including the affordable housing units in the project pursuant to
paragraph A of this Section 16 80 050, an applicant for a housing und:project may meet
the requirements of this chapter by dedicating land to the city when land dedicaiion is
deemed suitable by the city council, pursuant to Section 16 80 040 Such land shall be
offered in fee to the city or to another public or non-profit agency approved in wrtng by
the city
16 80 060 Implementation
A A wntten housing development agreement, in a form approved by the city, shall
be entered into between the c.rty and the developer pnor to final approval of a
subdivision map, or issuance of a building permit, as applicable This agreement will
set forth the deveiopees plan to meet the requirements of this chapter and the qty's
approval of that plan Any housing development agreement, deed restriction, or other
instrument used to implement this chapter shall be signed by the applicant and by the
city as parties If the housing unit project is located within any redevelopment protect
area within the city such housing development agreement deed resfinction or other
Agenda Item 8.j.
Page 9
PAGE
instrument shall be signed by the Redevelopment Agency as a party or, at the
Redevelopment Agency's election, the housing development agreement, deec
restriction, or other instrument shall identify the Redevelopment Agency as an express
third -party beneficiary with the nght to enforce the temps of such housing development
agreement, deed restnction, or other instrument
B Affordable housing units shall be reserved for very -low, low, and moderate
income households at the rdbos established pursuant to section 16 80 050, and shall be
provided at the applicable affordable housing cost
1 An affordable housing unit that is for rent shall remain reserved for, and
occupied by, the target income level group at the applicable affordable
housing cost for a penod of at least fifty-five (55) years
2 An affordable housing and that is an owner -occupied unit shall remain
reserved for and occupied by the target income level group at the
applicable affordable housing cost for a penod of at least forty-five (45)
years
C All affordable housing units (whether required by this chapter or provided on a
voluntary basis) shall be reasonably dispersed throughout the project, shalt be
proportional, in srze, bedroom number and location to the market -rate units and shall
be comparable with the market -rate units in terms of the base design. architectural
appearance, building matenais and finished quality All affordable housing units in a
project shall be constructed concurrently with or pnor to the construction of the market-
rate
arketrate units In the event the city approves a phased project, the affordable housing units
required by this chapter shall be provided within each phase of the residential
development project unless otherwise approved by the community development
director
D If the number of affordable housing units required for a project includes a fraction
of a unit, the developer shall round to the closest whole number unit for purposes of
both providing affordable housing units or paying an in -lieu fee
1680 070 Inclusionary Affordable Housing Trust Fund —Deposit
Affordable housing in -lieu fees paid pursuant to this chapter shall be deposited in the
affordable housing trust fund and used solely to increase the supply of affordable
housing units Funds to the affordable housing trust fund may be used to better facilitate
the improvement of the city s affordable housing stock as well as the provision of nem
affordable units
1680 080 Inclusionary Affordable Housing Trust Fund — Administration
Subject to the limftabons set forth ,n Section 16 80 070, the affordable housing trust
fund shall be administered under the general supervision of the community,
development director, and pursuant to the regulations as the city council shall adopt
Agenda Item 8.j.
Page 10
rc t
and/or amend from time to time The community development director shall make
annual reports to the city council regarding the administration and status of the
affordable housing trust fund The city oouncd may include in the regulations provisions
govemmg the admmistrabon of the affordable housing trust fund consistent with the
provisions of this chapter
76 80 090 Project Approvals And Enforcement
A No new housing unit project, residential subdivision, general plan amendment
and/or rezoning of land for residential purposes or other land use authonzarbon related
thereto, may be approved unless the requirements of this chapter have been met
8 The caty may institute any appropriate legal actions or proceedings necessary to
ensure compliance with this chapter, including but not limited to (i) actions to revoke,
deny, or suspend any permr#, including a building pennrt, certificate of occupancy, or
discretionary approval, and (ii) actions for injunctive relief or damages In any action to
enforce this chapter or a housing development agreement entered hereunder, the city
shall be errtided to recover its costs, including but not limited to attorney's fees and
Iftabon costs
16 80100 Regulations
The city council shall adopt regulations dor the implementation of this chapter The crty
council may also include an the regulations provisions allowing for the city's recovery of
reasonable fees and deposits for the administration of this chapter
1680 720 Application To Density Bonus Calculations
In the case of a housing unit project for which a density bonus is sought pursuant to
California Government Code section 65915 and Chapter 16 82 of this Code, the
construction and reservation of indusionary affordable housing pursuant to this chapter
shatl apply to the base number of units proposed, exclusive of the units that would be
added by the density bonus Inclusionary housing units provided pursuant to this
chapter, however, will only count towards the qualification of a densly bonus under
Government Code sechon 65915 if such inclusionary units otherwise qualify under the
temps of that Government Code section
16 80 130 Adjustment to Avoid Unlawful E I n orTaking
A A developer of any project subject to the requirements of this chapter may appeal
to the City Council for a reduction adjustment, or waiver of the requirements of this
chapter based upon the absence of any reasonable relationship or nexus between the
impact of the development and either the amount of the fee changed or the inclusionary
requirement The purpose of this section is to ensure that no unlawful exachons or
takings occur as a result of implementing the terms of this chapter
Agenda Item 8.j.
Page 11
ORDINANCE O 595
PAGE
B Any such appeal shall be made in writing and filed with the city cleric not later
than ten (90) days after imposition of the fees or imposition of the inclusionary
affordable housing requirements objected to The appeal shall set forth in detail the
factual and legal basis for the claim of waiver reduction or adjustment The City
Council shall consider the appeal at the public hearing within sixty (60) days after the
filing of the appeal The appellant shall bear the burden of presenting substantial
evidence to support the appeal including comparable technical information to support
appellants position for reduction adjustment or waiver The decision of the City
Council shall be final
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 City Clerk Whin
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordnance shall be published again
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance
SECTION 4 This Ordinance shall become effective thirty (30) days after the date of its
adoption
On motion of Council Member Fellows seconded by Mayor Pro Tera Arnold and on the
following roll call vote to -wit
AYES Council Members Fellows, Amold Guthrie, Costello, and Mayor Ferrara
NOES None
ABSENT None
the foregoing Ordinance was adopted this 11 t' day of December 2007
Agenda Item 8.j.
Page 12
ORDINANCE NO 595
PAGE 9
,-L -� L
TONY FER MAYOR
ATTEST
r
KELLYTM E, CITYCLERK
APPROVED AS TO CONTENT
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM
TIMOTHY J CAKw= CITY ATTORNEY
Agenda Item 8.j.
Page 13
OFFICIAL CE IFICATI I
I. KELLY WETMORE, City Clerk of the City of Arroyo Grande. County of San
Luis Obispo, State of California do hereby certify under penalty of perjury, that
the attached is a true full, and correct copy of Ordinance No 595 which was
introduced at a regular meeting of the City Council on November 27. 2007, was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 711' day of December 2007, and was duly published in
accordance with State taw (G C 40806
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 131'
day of December 2007
KELLY)WE#O CITY CLERK
Agenda Item 8.j.
Page 14
ATTACHMENT 2
Proposal For Preparation of
an Inclusionary Housing In -
Lieu Fee Nexus Study
CITY OF ARROYO GRANDE
Tierra West Advisors
Real Estate and Redevelopment Consultants
Contact:
.Tose 0meteot15 Director
Phone: 626.824-1359
Fax: 626.796.5488
Address; 2616 East P St. Los Angeles, CA 90033
Email: 'jometeotl@tierrawestadvisors.com
Web: www.tierrawestadvisors.com
Contact;
Tim Mulrenan., Director
Phone: 714.609. 808
Fax: 626.796.5488
Address: 2616 East 3dSt. Eos Angeles, CA 90033
Email: t ulrea.@tieffawestadvisors.com
Web: www.tierrawestadvisors.com
Agenda Item 8.j.
Page 15
January 29 2008
Ms. Ketly Heffernon, AJCP
Associate Planner
Community Development
CITY of ARROYO GRANDE
214 East Branch Street
Arroyo Grande, CA 93421
PROPOSAL FOR PREPARATION of INCLUSIONARY HOUSING IN -LIEU FEE NEXUS S'T'UDY
To JUSTIFY FEES
Dear Ms, Heffernon,
Tierra west Advisors, Inc. (Tierra west) welcomes the opportunity to present the attachedro osal
p p
to provide consultant services to the City of Arroyo Grande ("City"). It is our understanding that
the City requires consultant assistance in the development of an inclusionary housing in -lieu fee
nexus study to develop a legally appropriate, reasonable and accurate methodology for calculation
of in -lieu fee payments as part of the City's Inclusionary Housing Ordinance.
The staff of Tierra Nest has extensive experience in affordable housing feasibility and nexus
studies. Vierra west frequently provides clients with affordable housing program design,
implementation, and administration. Our staff has developed numerous nexus studies, housing
strategy plans, prepared project pro forma analyses and conducted developer negotiations for client
agencies in the development of affordable housing wits. Through our extensive experience in all
aspects of affordable housing, Tierra west's staff is completely familiar with the issues involved in
developing an in -lieu fee study, the laws relating to affordability, and the process and regulations
involved with the development of affordable housing units.
Current contracts include working wi
Ms. Felly H ff rnon, AICP, Associate Planner
City of Arroyo Grande
January 29, 2008
Page 1
SCOPE of SERVICES -- INCLUSIONARY HOUSING Ili -LIEU FEE NEXUS STUDY
L Data Collection and Scoping Meeting
(1-2 weeksfrom contract execution
The project tearn will hold a scoping meeting to review, comment, and refine the proposed
inclusionary housing in -lieu fee program, specific to the city of Arroyo Grande and
determine the parameters and criteria for the inclusionary housing in -lieu fee program
including the provision of voluntary/mandatory inclusionary housing production.
Tierra west will analyze current and projected local housing costs for both for sale and
rental housing. The project team will categorize data by unit size (bedrooms), type
(rental/for sale/condo/single family/new/resale) and provide to the City a recommendation
on the methodology for ensuring that the in lieu fees remain consistent with housing costs.
if. Develop In -Lieu Fee Nexus Study and Develop a Metirodolo,gyfor Cakulating Fees
(3- 7 weeksfrom om a tr ac execution)
The project team will develop a methodology for calculating in -lieu fees for the various
income groups identified in the California Health and Safety Code Sections 50052.5 through
50053 arra the Inclusionary Affordable Housing Ordinance. An exhaustive affordability gap
analysis will be conducted, as it relates specifically to the City. Data gathered from the
affordability gap analysis will be used to develop the methodology for residential for sale
and for rent prototypes. A detailed analysis with complete project budgets will also be
prepared to illustrate the financial impact to the City if it wishes to assist with meeting the
affordability gap. Revenue sources will be explored and identified.
IL Prepare Draft Report on the Affordable Housing In -Lieu Fee Nexus Study
(8-9 weeks from contract execution)
draft news study report outlining the methodology and projected fee structure will be
provided in triplicate to staff for review and comments. A defensible nexus study will be
included in the draft report which links the proposed in -lieu fee arra need to meet affordable
housing goals. The draft report will also include (raft Regulatory and Resale
Restrictions/Equity Share Agreements for properties which will be providing inclusionary
housing. Once comments are received from staff, a modified staff' report will be prepared.
I V. Prepare Draft Report on the� � fordable Housing In -Lieu Fee Nexus Study
(10 weeks .from contract exee i rr
Prepare and provide three copies of a modified draft report, and submit to staff` and legal
council for review and comments.
V. Prepare Final Report on thef� orda ►le Housing hi -Lieu Fee Nexus Study
(12 weeksfront contract execution)
Prepare and provide twenty copies of the final report and digital files for public hearing.
Agenda Item 8.j.
Page 17
Ms. Kelly H ffernon, AICP, Associate Planner
City of Arroyo Grande
January 2, 2008
Page
FEE QUOTE —INCLUSIONARY HOUSING IN -LIEU FEE NEXUS STUDY
Tierra west will undertake the activities presented for a fee not to exceed of $22,00. This includes
attendance at two 2 meetings with City Staff and attendance at two 2 public hearings to present
draft findings and the completed report. Tierra west staff will provide three copies of all draft
reports/documents and twenty hound copies of the final report. The final report will also be
provided to the City in MSWord format on a CD-ROM. M. Meetings beyond the four identified will be
billed outside of the not -to -exceed amount. Any changes to the scope or additional work will be
formalized via memo and will require wri
Ms. Felly Heffemon, AICP, Associate Planner
City of Arroyo Grande
January 29, 2008
Page
staff has prepared analysis of inclusionary requirements, in -lieu fee programs and inclusionary
ordinances for the cities of Fontana, San Jacinto and Redlands.
PROJECT TEAM
Tierra west is comprised of educated and experienced professionals who are sensitive to issues
facing local government. All of our key professional personnel have established strong reputations
for their contributions to the advancement of their respective clients and have extensive
redevelopment work experiences serving as staff for local government. The Project Team for this
assignment includes Jose Ometeotl,, Director, who will manage all aspects ofthe engagement and
make the required presentations to staff and City Council. Regan Candelario, Associate will assist
Mr. Ometeotl in the preparation of the Inclusionary Housing In -Lieu Fee Program and serve as
Project Manager for this portion of the assignment. Mr. Ometeotl and Mr. Candelario will be
assisted by Jesse Sauedo and Liliana 1longe, Analysts, who will collect all necessary information
and assist in data analysis. Mr. Ometeotl will serve as the City's main contact for communication
and coordination. Resumes of the Project Team are attached.
COMPANY INFORMATION
IATION
John Yonai previously served as the Partner in charge of real estate at Rosenow Spevacek Group,
Inc. a redevelopment consulting firm for 16 years. In September 2006, after 16 years, John Yon i
decided to leave losenow Spevacek Group and expand the services and scope of Tierra west Real
Estate Consultants. At this point Tierra west Real Estate Consultants brought on partners and
reorganized itself as Tierra west Advisors to include the following services:
Redevelopment plan amendments and adoptions,
Required reporting requirements — 5 Year Implementation Plans, 10 year Housing
Compliance Plans, annual Statements of Indebtedness, State Controller's report, Monitoring
Deed Restrictions and annual agency budgets
Real estate acquisition
Real estate economic analysis
Economic Development Plans and Strategies
Housing Program development and implementation
Planning — current and advanced planning, and assisting private clients through entitlement
Financial Consulting — bond issuance consultant reports
Governmental services — classification compensation surveys and analysis, Parks Master
Plan analysis, interim management and project management staffing
The Tierra west Advisors consultant team brings our clients a wealth of knowledge in program
management services ---not only from our collective years in providing consulting services, but also
our first-hand experience in project management, development, and project design.
Agenda Item 8.j.
Page 19
Ms. Kelly Heffernon, AICP, Associate Planner
City of Arroyo Grande
January 2, 2008
Page
Terra West professionals include*
John Yonai, Principal
Michael Garcia, Director
Rose Acosta, Director
Jesse Saueedo, Analyst
Liliana Monge, Analyst
Silvestre laJ era, Research Assistant
Insurance 'overage's include:
Tire Mulrenan, Principal
Jose Ometeod, Director
Regan Candelario, Senior Associate
Zoe Urruti , Senior Analyst
Alexandra Bassanetti,, Technician
Commercial General Liability — Each Occurrence $2,000,000, General Aggregate
$43,0009000
Automobile — Combined Single Limit - $25MO,000
Workers Compensation and Employers Liability — Each Accident 1,000,000
Commercial Errors & Omissions — per claim & Aggregate $2,000,000
Tierra West's contact in00
r ma is:
Tierra West Advisors
2616 East Third Street
Los Angeles, CA 90033
Telephone: (626) 665-1224
Facsimile: (626) 796-5488
Electronic flail: ivonai@tierrawestadvi'sors.com
CLIENT REFERENCES
The following is a list of current references from cities and redevelopment agencies that have
commissioned the principals of Tierra Vest for assistance with housing program development,
fiscal consulting for bond issue, acquisition services, project economics, DILA drafingnegotiations,
Reuse Analyses and Summary Reports, loan agreements, planning, housing developments, or other
redevelopment services.
City of Atascadero Redevelopment Agency
Project: Affordable Housing Policy and Strategy Development. Tierra West is in the process
of completing an educational outreach effort for commissioners and elected Officials
in Atascadero, The City of Atascadero has also requested that Vierra West prepares
documents and make presentations regarding housing program recommendations
and the new proposed Housing Policy at City Council meetings. ($32,000 -
December 2007)
Assigned Staff: Michael Garcia, Regan Candelario and Zoe Urrutia
Agenda Item 8.j.
Page 20
FIs. Kelly Heffernon, AICP, Associate Planner
City of ,Arroyo Grande
January 2, 2008
Page
Contact Person: Martin "Marty"' Tracey, Deputy Executive Director, and warren FraceCommunity
,
Development Director
City Hall, 6907 El Camino Real, Atascadero, CA 93422
805.470.3460
City of Commerce Community Development Commission
Project: Affordable Housing educational presentations and a Housing Policy Strategy
Program are projects currently in process for Commerce. Tierra West is also in the
process of developing the i nplcm ntation plan for a home improvement grant
program for the City of Commerce to assist targeted neighborhoods who have
serious environmental issues associated with adjacent uses. The City of Commerce
has also requested that Tierra west prepare a Housing Programs Implementation
plan and presentation to be used at a City Council study session. on call services
contract expected budget $40,000)
Assigned Staff: John Yonai, Jose Ometeotl, and Regan Candelario
Contact Person: Robert Zarrilli, Conununity Development elopment Director and Alex Hamilton, Assistant
Community Development Director
2535 Commerce way, Commerce, CA 90040
323.722.4805
City of Bell Gardens/Redevelopment Agency
Project: TWA staff provides analysis to identify feasible housing projects to meet their
housing obligations and analyzes affordable housing development proposals.(On
call services contract, expected budget $30,000 - December 2007)
Assigned Staff: Michael Garcia, Tire Mutren n and Litiana Monge
Contact Person: John ornelas, City manager and Carmen Morales, Interim Director ofCity
Development
7100 South Garfield
Bell Gardens, CA 90201
562.806.7700
City of Glendale Housing Authority
Project: TSTA staff currently works with the Authority to identify feasible housing projects
to meet their housing obligations and analyzes affordable housing development
proposals. n call services contract expected budget $40,000)
Assigned Staff: Tim Mulrenan and Zoe trrutia
Contact Person: 1ladalyn Blake, Director of Housing
Peter Zov k, Housing De elopmcnt
141 North Glendale Avenue, Room 202, Glendale, CA 91206
18.548.2060
Agenda Item 8.j.
Page 21
Ms. Kelly H f ernon, AI P, Associate Planner
City of Arroyo Grande
January 2, 2008
Page 6
City of Azusa Redevelopment Agency
Project; Tierra west staff currently works with the Agency to create a housing Program that
targets the housing needs of the city's residents and at the sane time helps the Agency
meet its housing obligation in the most cost effective manner. Staff ` serves as
Redevelopment Project Manager and provides assistance identifying feasible housing
projects to meet their dousing obligations and analyzes affordable housing
development proposals. on call services contract expected annual budget ,000
Assigned Staff: Jose Ometeod, Liliana Monge and Regan Candelario
Contact Person: Bruce Coleman, Director of Conununity Development
Francis DeLach, City Manager
213 East Foothill Blvd., Azusa, CA 91702-1295
626.812.5236
City of Lynwood Redevelopment Agency
Project: TWA staff' provides analysis to identify feasible housing prof e t to meet their housing
obligations and analyzes affordable housing development proposals.(On call services
contract expected annual budget $28,000)
Assigned Staff: Timothy Mulrenan, Jose o eteotl and Zoe Urrutia
Contact Person: Lorry Hernpe, Economic Development Director
City of Lynwood
11330 Bullis Road, Lynwood, CA 90262
310.603.022
Other current clients include the Cities of Artesia„ Big Bear Lake, Covina, Desert Hot Springs, Huntington
Beach, Riverside, Pasadena, Pomona, Rancho Cordova, Rancho Palos Verdes, Redlands, and Rosemead.
The partners of Tierra west Advisors have provided consultant services to a variety of Clients including, but
not limited to:
Cities: Baldwin Park, Bell, Bell Gardens, Brea, Burbank, California City, Carson, Covina, Culver City,
Diamond and Bar, El Cajon, El Monte, El Segundo, Fontana, Fresno, Huntington Park, Inglewood, Irwin dale,
La Puente, La Quinta, La Verne, La Puente, Long Beach, Lake Forest, Los Angeles, Lynwood, Maywood,
Montclair, Monterey Park, Palm Desert, Palm Springs, Pasadena, Perris, Pittsburg, Sacramento, San Diego,
San Gabriel, San Jacinto, San Marcos, Santa Monica, Simi Malley, Sonoma, Sparks — Nevada, Stockton,
Upland, Westminster, west Covina, west Hollywood, and Yorba Linda.
Cour lRe TonalAgencies: County of Los Angeles, orange County Development Agency, and Orange
County Fire Authority, Inland Valley Development Agency, and the Pasadena Blue Line Construction
Authority
Private Entities; Barhan, LLC, Del Rey Properties, The Hennessey Group, Limoneira Company, Mar
Ventures, Picerne Properties and Signature Properties.
Agenda Item 8.j.
Page 22
Ms. Kelly He fernon, AI P, Associate Planner
City of Arroyo Grande
January 29, 2008
Page
Resumes and a list ofthe services offered Tierra Westpersonnel available to serve on
assignments for the C'itw follow in the exhibits.
Agenda Item 8.j.
Page 23
Ms. Kelly H ffernon, AICP, Associate Planner
City of Arroyo Grande
January 29, 2008
Page 8
EXHIBIT
LIST OF SERVICES
A. IMPLEMENTATION AGREEMENTS
L Develo meat Planning and Analysis: Vierra west is available to provide development planning
and analysis for specific project undertakings. Typically, this would involve preparation of a
Design for Development for adoption by the City that sets the basic par rneters for proposed
development. The options available to the City for development of a specific site can be
analyzed to determine the optimal outcome and a recommended project.
. Development Pro Forma Analysis./Negotiation: Tierra west is available to provide project
financial pro fornnas for potential redevelopment projects to assist the City in determining the
uncial viability of a project and determine the degree of participation which may be required
y the City. Tierra west is also available to assist with developer negotiations as needed.
Agreement Pr aration: Vierra West is available to assist City staff and legal counsel in the
drafting of agreements (typically, Disposition and Development Agreements or owner
Participation Agreements). These agreements outline the responsibilities of both the proposed
owner/developer and the City.
4. Agreement Processing: Tierra west is available to prepare the back-up materials, agenda staff`
report, and summary report required by redevelopment law) and assure that pro pnoticing and
per g
bearings are held in conformance with law.
B. AFFORDABLE HOUSING PROJECTS
L Corehensi
nnve Strategy: Tierra west is available to assist with the preparation of
comprehensive affordable housing strategy. This could be done in coordination with the
updating of the Five -Year Implementation Plan.
. Spgcific Project/Site Identification: The City has specific requirements to rehabilitate and
develop new affordable housing. It may behoove the City to identify specific projects and sites
that could be utilized for this purpose.
. l evelo er Selection/Negotiation: Tierra west is available to assist in the developer selection
process, as well as in negotiating terms and agreements for future housing development.
4. Finances: Tierra west has a background in developing various financing alternatives, risking
use of low to moderate housing set-aside funds, tax allocation bonds, tax credit opportunities,
and other revenue bond formats to assure the most efficient and effective way of leveraging City
funds for the development of housing.
C. REAL ESTATE SERVICES
Tierra west is available to perform real estate related services. These services include, but are not
limited to:
Agenda Item 8.j.
Page 24
Ms. Felly Heffernon, AICP, Associate Planner
City of Arroyo Grande
January 2, 2008
Page 9
1. root/ rtv Acquisition/Negotiation: Implementation programs frequently require property
acquisition and negotiation services. Tierra west is available as needed to provide such services.
All services will be provided in conformance with State guidelines regulating the acquisition of
properties by public entities.
. Relocation: From time to time, relocation services have been required, and although Tierra west
does not directly provide these services, Tierra west has contracted with, and overseen the wort
of other specialty relocation consultants and can continue to provide this service.
Propgly Management: If needed, Tierra Nest is available to provide property management
services for City -owned properties. Typically, Tierra Nest has provided interim management
services when either the property will be held for only a short time, or when time is needed to
select a long-term, permanent management company.
D. PLAN ADOPTIONS/AMENDMENTS/MERGERS
Tierra west provides a comprehensive service portfolio for Project Area Plan Adoptions and
Amendments, including the preparation of all necessary documents, coordinate the efforts of Agency
staff, special counsel, other project consultants, and participate in community, Board of Supervisors,
Redevelopment Agency and Planning Commission meetings.
L Field Rcconnaissanlig t Study: Tierra west conducts surveys to document the presence of
blight. The blight study continues with in depth research ofbuildingcode and fire code
p
violations, analysis of property data from the County Assessor, meetings with planning, building,
fire and safety personnel serving the area and other research to document blight as required b
Redevelopment Lave.
2. Financial Aaalysis/Cash Flow Anal sis; Vierra west provides financial feasibility analyses and
revenue projections that detail the property tax revenue that will be available to support
rcde elopment activities. The projected tax increment revenue will include revenue sharing
pass -hough agreements, low- to moderate -income housing funds, county administrative
charges, and other factors to determine a net tax increment available for bonding and project
activities.
Pr'ts and Public Improvements: Tierra west will work with Agency staff in identifying
appropriate projects and public improvements needed in the Project Area, to ensure that they are
consistent with, and take full advantage of, the provisions of Redevelopment Law,
Required Plan/Amendment/Merger Adoption Reports and Notices: Vierra west will assist
Agency staff and legal counsel by prepari
IIs. Felly Heffernon, AICP, Associate Planner
City of Arroyo Grande
January 29, 2008
Page 1
analysis and financial feasibility analysis is extremely important to justifying the need for
redevelopment. {Tierra west staff understands the complexities of undertaking a redevelopment
plan amendment/adoption.
. Communily Outreach/Mailings/TaxingEntily Meetings: Tierra west's staff is experienced in
conducting successful community information sessions and coordinating meetings with counter
officials and other taxing entities to address concerns over plan amendments/adoptions. Tierra
West is available to prepare the required mailings to property owners and taxing entities pursuant
to California Community Redevelopment Law.
E, PROJECT FINAN IN
1. Tax Increment Financing: Vierra west is available to provide fiscal consulting services needed
for the issuance of tax increment securities. These services would include tax increment revenue
projections based on current year assessed valuations, historical trends, building permits issued
for in -progress projects, review of planned new development, and the effects of pass-through
agreements. 'Tierra west is also available to provide financial advisory services, assist with
preparation of Official Statements, and other issuance procedures.
2. Finance Strategies: Tierra, west has worked with cities and agencies in the past to determine the
best use of the funds available. Because the City is involved in both public improvements and
private developments, it is important that the tax exempt funds (which must be used for public
projects) and other less restricted funds be used to their gest enol. Tierra west can advise the
City regarding its best use of bond proceeds, housing funds, land/real estate proceeds, and tax
increment funds.
F. REPORTING REQUIREMENTS
1. Annual Budget and work Pro ani: Redevelopment Law (DISC Section 33606) requires all
Redevelopment Agencies to prepare an annual budget that includes the proposed expenditures,
proposed indebtedness, anticipated revenues, and a work program for the eonuing year, and an
analysis of prior year accomplishments. Tierra west will utilize information from the City
budget to prepare the annual budget to comply with Redevelopment elopment Law.
2. State Controller's deport: If needed, Tierra west will assist staff in preparing this required
report, particularly the Housing and Community Development portion of the report.
. Statement of Indebtedness: Vierra west is available, if needed, to assist with the preparation o
this document, although likely this has been, and will continue to be done by the City finance
department.
. Monitorina Deed estrietions: Redevelopment Law requires the Agency to expand and improve
the supply of affordable housing and to record deed astrictions to assure continued income level
compliance. Tierra west is available to monitor these deed restrictions on an ongoing basis.
Agenda Item 8.j.
Page 26
Ms. Felly I effernon, AICP, Associate Planner
City of Arroyo Grande
January 2, 2008
Page 11
G. SPECIAL PROJECT ACTIVITIES
Tierra Nest is available to prepare necessary analysis and documentation for any specific
implementation activities.
1. Economic I evelo went Strategies: Economic Development Strategic Plans are important for
addressing public infrastructure deficiencies, land use issues, business retention/attractions
programs, streetscape programs and other projects that could be impacting business growth
within the city.
2. Cost Benefit Ar tsis E onomie IMpact Anal ses: Tierra west is available to aid the City in
an ply *ng the costs and benefits of specific development proposals targeting specific users, and
to help create an econornic development program which is beneficial to the local tax base.
Implementation of redevelopment plans should be accomplished in such a way as to promote
economic stability and future revenue flow to the City and other taxing entities. with periodic
slowdowns in real estate market activities, it is necessary for redevelopment agencies to tale a
lead role in promoting local economic development.
. SDecific Project Activities: As necessary, Tierra Fest is available to analyze specific projects,
develop schedules and budgets, and prepare necessary documentation.
Agenda Item 8.j.
Page 27
T k t
Tierra West Advisors F
` }} f I .
� it{� } �.i�l ?[i),., I?i4kk t L li {I 'Si '1 1 ( 4 G11�; I li{ s iil4'`
1
Timothy Mulrenan Tierra west Advisory Inc — Principal - 2006
Provides project management and implementation services for a variety of
real estate consulting services to both public and agencies and private
Education industry. Program management services include coordination with client staff
and supporting consulting services required in the real estate program process.
Coordinates negotiation of all forms of real estate contracts, professional
Bachelor of Arts services for engineering, title insurance, appraisals, escrow services,
acquisition services and relocation services. Consulting engagements have
Rutgers
University Geology included acquisition, disposition and development owner
ers
'
ty participation p° pmeet a eemen agreements and lender negotiations. Specializes in economic
evaluation and feasibility analysis for retail commercial centers, office
Diaster of Business Administration projects, hotel projects, industrial projects, and single and multifamily
Concentration in Real Estate and housing.
Entrepreneurial Ventures
Rutgers University Rosenow Spevacek Group — Director - 1999 to 2006
Advises public and private sector clients on negotiation assistance packages
for affordable housing, hotel, and commercial developments. Acquires
property for client development projects, structures financing, and negotiates
Professio n a I A ffiliadoowner participation agreements and disposition and development agreements.
Pacific Realty Investments — Principal —1998 to 2006
Urban Land institute Provided acquisition,
��� q rtron, disposition, construction management, property
development, and consulting services to public and private sector clients.
Acquired and rehabilitated multifamily foreclosures, developed affordable
Professional sional r cations housing projects, provided property management and property investment
services.
Licensed Real Mate Broker PacTel Properties - Vice President— 1984 to 1990
Mate of California Set u d
p ran Southern California offices for commercial real estate investor,
Developed raw land, office, and industrial projects worth over $oo million.
Licensed General retractor Negotiated partnershipagreements, directed leasing an
State of California g d property
management, acquired financing for all projects, pint together Community
Facilities District financing for a500 -acre industrial park putting in area
infrastructure serving company project as well as surrounding development.
Pacific Bell - Real Estate Manager —1980 to 1984
Negotiated all real estate transactions for regional telephone company in the
Los Angeles area, supervising a property portfolio of over 5 million square
feet. Negotiated major leases for parent ATT including $60 million west
coast headquarters requirement in downtown Los Angeles.
16 8 A n n a n d a I e R d P a s a d e n a, C A 9 1 1
Agenda Item 8J.
Page 28
0*1 Tierra West
k..:.: I I ,I .;;I C L.; I'd P:'.� k. 1
Jose Ometeotl Tierra west Advisors, Inc — Director
T
Pioneer Valley Planning Commission- Community
Development Planner — 2002 to 2004
Prepared, implemented, and managed municipal grant funded projects such a
infrastructure improvements, social services, and housing rehabilitation and
construction programs. Funds managed were from such sources as CDBG.,
.,
HOME, National Trust for Historic Preservation, bails to Trails and the FPA..
Provided technical expertise in planning and development to municipalities
within the region. Partnered local, state and federal agencies to implement
major in -a tructar projects.
City of Azusa Community Development Department artment —
1ntern — 199 - 1998
Primary duties were to act a "`counter planner" for the Planning Division,
ision,
coordinate development proposals and conduct field inspections ofproposed
projects. Dratted staff reports to the Planning Conunission and City Council
regarding various entitlement requests. Additional responsibilities included
the preparation of Negative Declarations and Notices of Exemptions in
compliance with CEQA.
1 6 8 A n n a n d a I e Fid P a s a d e n C'A 9 1 1
Agenda Item 8J.
Page 29
Responsible for assisting with redevelopment plan adoptions and
amendments, real estate services, implementation activities, bond issues, and
planning and scheduling Project activities. Assignments include feasibility
analysis, land use analysis, revenue projections, data analysis gathering,
Educaflon
database desiomanagement, and document prepa mtion. Mr. 0metcotl has
worked in this capacity for the Cities ofledlands, San Bernardino, Fontan a,,
Master of Planning
Cypress, Fir baugh, San Joaquin, Montclair, Azusa, Irwindale, Yucaipa
Specialization in Local Economic Development
Pleasant Hill, the County of Fresno and the Grange County Fire Authority.
University ofSouthern California
i
i osenow Spevaeck Group - Senior Associate 2804 to 2806
fi+ Science
Urban and regional Planning
Primary responsibilities include supervision of the collection and evaluation
Cornell University
of project related data, project management support, report preparation,
increment revenue analysis, assisting in redevelopment plan adoptions and
amendments, field surveys and the formulation of public revenue projections.
Pro fession a I A ftdi a it o ns
Additional duties include inteacin with clients, providing support to
Principals, Preparing agenda items for presentation to and approval by public
bodies and agencies. Project experience includes: assistance with afI`ordabl e
housing project analysis for the cites of Arroyo Grande, Cypress and
Glendale; project manager for inclusionary housing ordinance studies for the
American Planning Association
cities of San Jacinto and Redlands. Flan adoptionlarnendrnents for the cities
SUthei`n Galtfrilla Planning
of Cypress, Fireau h, Fontan �' and Pleasant Hill and the County of fan
Bernardino.
Pioneer Valley Planning Commission- Community
Development Planner — 2002 to 2004
Prepared, implemented, and managed municipal grant funded projects such a
infrastructure improvements, social services, and housing rehabilitation and
construction programs. Funds managed were from such sources as CDBG.,
.,
HOME, National Trust for Historic Preservation, bails to Trails and the FPA..
Provided technical expertise in planning and development to municipalities
within the region. Partnered local, state and federal agencies to implement
major in -a tructar projects.
City of Azusa Community Development Department artment —
1ntern — 199 - 1998
Primary duties were to act a "`counter planner" for the Planning Division,
ision,
coordinate development proposals and conduct field inspections ofproposed
projects. Dratted staff reports to the Planning Conunission and City Council
regarding various entitlement requests. Additional responsibilities included
the preparation of Negative Declarations and Notices of Exemptions in
compliance with CEQA.
1 6 8 A n n a n d a I e Fid P a s a d e n C'A 9 1 1
Agenda Item 8J.
Page 29
T E
Tierra West Advisors E J1 i: 1: 1.
Regan M. Candelario Tierra west Advisors, Inc— Senior Associate 2006-
Present
Educadon Advising clicnts on Redevelopment, Economic Developrnent, Planning/zoning,
and Special Studies in connection with Community Development. Provides staff'
support at the executive levels.
Master of Public Administration with
concentration in Urban Affairs
Graduate Center for Public Policy and Community Development District Manager, City of
Administration, California State University, Santa Ana, CA - 000 — 006
Long Beach
Facilitate short and long terra solutions to community issues. or concerns
Bachelor of Arts In Liberal Studies with a enlisting the assistance and resources of various public and Private sector
concentration in Geography agencies. Provide a primary communication link between public agencies and
California State University, Long Beach residential/business groups within Santa Ana. Coordinate the acquisition o
property, negotiation of Disposition and Development Agreements, and
management of housing development projects. Responsible for development and
implementation of residential neighborhood improvement programs. Solicitation
of community support and input prior to the development of public improvement
Pro fess final A Mdo r s projects. Identification of and purchase of residential development sites for
replacement housing obligations. Facilitation of discussion and direction toward
City County Communication & Marketing resolution of many politically sensitive community leadership issues for the City
Association rna) / Con unity Development of Santa Arta. (Centerline LRT Project, Neighborhood Leadership Changes,
Resource Network / NAURO CRA / DASH Land Use, Utility Users Tax Increase, Park and Open Space Preservation/
Development) Design, development and implementation of an asset used
community development program for the Santa Ana nonprofit, faith based and
kgCLali service club corn munity in Santa Arta
Professional Leadership, Facilitation, and Community Development Resource Coordinator, City of
Community Capacity Building Santa Ana, CA - 1996 — 2000
Coordination of City of Santa Ana sponsored programs/events; such as the
Celebrate Santa Ana event, Community Building Awards, Model Block
Program, Internet Community Calendar and Resource Network activities, two
City wide Graffiti Paint Out Day's, two Residential Paint -it -Now projects, Model
Block Program projects, and the Youth Education and Services (YES) job
training and home repairs Program.
Economic Development Specialist, City of Santa Ana, CA
1990 — 1996
Responsible for preparation of materials, coordination of activities, and
exhibiting programs for local, regional, and major national conventions including
ICSICSC and WESCON. Conduct business attraction tours for various companies
ranging from Fortune 100 industrial users to cutting edge high tech industries.
Attraction activities include preparation of site selection agendas, guided tours of
the city and coordination of presentations from local developers and brokerage
houses. Market the city's Economic Development programs. Represent the City
at various expositions, seminars, and local business functions. Prepare city and
county economic status reports for management presentations. Responsible for
interviewing local business owners for the Economic Development Division's
Business Retcntion/Expansion Program. Conduct cost benefit analyses for
Redevelopment projects.
1 6 8 A n n a n d a I e lid Pa s ad e na, C'A 9 l l 0
Agenda Item 8J.
Page 30
Tierra West Advisors
R",...1 I k - I; II, ,:i){.1 k - {I,:`. 1kI['7iIk 5 E I ( 4I11.�'I'II,sIIl,%
Liliana
Tierra Wt Advisors, Inc— Analyst
Assist with project management duties for redevelopment projects. Work with
clients to acquire sites and coordinate relocation activities. Dram staff reports,
resolutions, ordinances, public hearing notices, and all ether related City,
County, or special district documents.
Education
MyS C lListln s. um/roller Williams fealty — Santa F
Bachelor of Arts
Springs, CA — Real Estate Consultant - May 2405 — July 2007
Biology
Wellesley College, Wellesley MA
Design and implement marketing campaigns to generate and maintain
commercial and residential accounts. Coordinate purchase and sale transactions
with escrow, title companies, outside brokers and City departments to ensure
UCLA Extension
transactions close according to contract. Develop relationships with local
At+ugus & Spreadsheet Programs for Commercial
developers and retailers in Jos Angeles County. Attend local City Council
Real Estate Analysis
meetings to stay abreast of zoning changes and communicate any pertinent
updates to local builders and developers. Researcb and disseminate information
Cerritos College
about financing options offered by the California Housing Finance Agency and
Accounting
mortgage banks to home buyers. Mold team members accountable for meeting
specific revenue, sales and expense targets.
UCLA Riordan Fellow 2000
Adobe lel Estate and Lending, Inc. — West Covina, C
Decense
Mortgage Loan Consultant — ,April 2004 — April 2005
Responsible for originating mortgage loans for purchase and refinance
California Department of teal Estate Licensee
transactions. Develop business relationships wtb real estate agents air
Since 2002
builders. Coordinate residential purchase transactions with escrow, real estate
agents, title companies and underwriting staff to ensure financing is available by
Membersh
specific timelines. Communicate systematically with client base to generate
additional business and support current accounts.
Member of the Urban Land Insatiate, A Better
Chance Alumni Association & Wellesley International Mortgage Corporation, Inc. — West Covina, CA
College Alumni Association - Mortgage Loan Consultant — September 2003 - March 2004
Skills Originate mortgage loans for purchase and refinance transactions. Visit new
housing developments to establish relationships with local builders. Coordinate
residential purchase transactions with escrow, real estate agents, title companies
Bilingual and Biliterate and underwriting staff within specific timelines. Educate builders and real
English Spanish estate agents about various mortgage options available to home buyers
1 6 8 A n n a n d a I e Fid Pa s a d e n a C A 9 1 1
Agenda Item 8.j.
Page 31
T i
Tierra
1F4�1 15 hi i GiJesse Saucedo 17L
Tierra West Advisors, Inc --Analyst
Created and managed the training and development of the program participants
in both the summer internship and fellowship programs. Prepared, reviewed and
scored each application submitted in the selection of program participants.
Served as primary mentor for thirty summer internis and twenty graduate student
Fellows. Coordinated HI's Issues Conference (attendance of 700
participants), Fiesta de Golf Charity Tournament (raised $200,000) and al l other
CHI receptions; including managing thirty volunteers. Edited HI's Policy
Recommendations — the byproduct of the Issues Conference providing formal
public policy recommendations to Members of Congress.
Office f Senator Edward A Kennedy
Legislative Intern 2000
Drafted residency correspondence for U.S. Ambassadors on behalf of
constituency. Monitored constituent immigration case -work and interpreted for
Spanish-speaking constituents.
1 6 8 Annandale R d Pasadena, C'A 9 1 1
Agenda Item 8.j.
Page 32
Assist in the development ofimpact reports and pro forma analysis; economic
development plans. Draft staff reports, resolutions, ordinances, public hearing
notices, and all other related City, County, or special district documents.
Educadon
Office of Congresswoman Grace Nap litann
Field Representative/Veterans Liaison — 2004 - 2006
Master of Public Administration
Represented Congresswoman at various community everts, city council and
Candidate May 200$
school board meetings. Responsible for constituent casework, including but not
University of Southern California
limited to local military veterans. Coordinated annual Military Academy Daly
and assisted in selection of Congressional nominees. Established and maintain
'
Bachelor Arts
relationship s with district veterans and health advisory committees, elected
Political Science
o
officials, and other representatives from the public, private, and nonprofit
sectors
Boston University, May 2000
Rice oCalifornia Secretary StatShelley
vin
M�IId Internship Programl�
field prsnativt�' ut Ca rdlnatr - -�
Research Intern, 1��` 'rr�rr�r�ic�2004
Offlce of Mexican Embassy)
Boston University, International Institute,
Organized and promoted the My vote Courts initiative, a nonpartisan voter
Madrid, Spain
outreach effort to promote participation through community-based
organizations, mass media and the Internet. Assisted counties in identifying
bilingual pall workers and the reed for translation of outreach materials.
Congressional Hispanic Caucus Institute HI
Programs Manager 2042 _ 2003
Created and managed the training and development of the program participants
in both the summer internship and fellowship programs. Prepared, reviewed and
scored each application submitted in the selection of program participants.
Served as primary mentor for thirty summer internis and twenty graduate student
Fellows. Coordinated HI's Issues Conference (attendance of 700
participants), Fiesta de Golf Charity Tournament (raised $200,000) and al l other
CHI receptions; including managing thirty volunteers. Edited HI's Policy
Recommendations — the byproduct of the Issues Conference providing formal
public policy recommendations to Members of Congress.
Office f Senator Edward A Kennedy
Legislative Intern 2000
Drafted residency correspondence for U.S. Ambassadors on behalf of
constituency. Monitored constituent immigration case -work and interpreted for
Spanish-speaking constituents.
1 6 8 Annandale R d Pasadena, C'A 9 1 1
Agenda Item 8.j.
Page 32
RO
INCORPORATE
"MEMORANDUM
c JULY 10. 1911
T: CITY COUNCIL
FROM: DON SPAGN L , DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 0§,
: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION TO APPROVE CONSTRUCTION PLANS AND
SPECIFICATIONS FOR THE JAMES WAY REHABILITATION
PROJECT, P11 2807-8
DATE: FEBRUARY 26,2008
RECOMMENDATION:
It is recommended the City council:
1. approve the construction plans and specifications for theJames Way
Rehabilitation ilitation project, PIN 2007-06;
2. find that the James Way Rehabilitation Project is categorically exempt from
CEQA pursuant to Section 1 301 (c); and
3. direct the city clerk to file a Notice of Exemption.
FINANCIAL IMPACT:
The FY 2007108 capital Improvement Program includes $94,544, composed of $41,089
from the USHA Fund and $53,455 in Sales Tac funds. The Council is considering the
reallocation o $363,000 in Proposition 1 B Funds to the project on February 26, 2008.
If approved, the reprised allocated funds available for the project will be now $494#844.
The Engineer's Estimate for construction is $450,000.
BACKGROUND:
The James Way Rehabilitation Project will resurface the entire length the James Way
roadway between Oak Park Boulevard and Tally Ho Road. The project will also
reconfigure the roadway striping to include bike lanes in each direction in accordance
with the Bikeway and Sidewalk/Pedestrian edestrian Plan, adopted by council on November 28}
2006. Due to the varying levels of degradation in the roadway, the roadway will require
different applications as follows:
Agenda Item 8.k.
Page 1
CITY COUNCIL
CONSIDERATION To APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS
FOR THE JAMES WAY REHABILITATION PROJECT, PW 2007-06
FEBRUARY 26, 2008
PACE 2
Asphalt concrete overlay - oak Park Boulevard to Equestrian Way and
Village Glen Drive to Tally Ho Road
The crown of the roadway is inconsistent depressed in many areas and large
areas of the roadway do not sheet the water effectively into the gutters. since
the grater does not make it into the drainage system, it has a tendency to settle in
the roadway. This causes severe degradation over time. The asphalt concrete
overlay will fill in the depressed areas and reconstruct the roadway crown.
Mir urfaoing - Equestrian Way to pillage Glen Drive
The grade of the roadway is consistent and the water is able to effectively sheet
from the crown of the roadway into the gutters. However, there are pockets of
failures within the roadway, which will require removal and reconstruction. The
roadway will then receive a microsurfacing application: a polymer -modified
emulsion, to provide a neer driving surface.
ANALYSIS SIS of ISSUES:
The Pavement Management Plan calls for microsurfacing of Jaynes Way. As stated in
the Pavement Management Plan, the average PCI (Pavement Condition Inde is 68,
the recommended PCI is 75. Jaynes Way is a collector street with a PCI currently
ranging between 16 and 2.
At the March 2, 2007 meeting, the City Council approved relocation of a stop sign on
James Way from Hidden oaks Road to Rodeo Drive. At that time, City Council directed
staff to provide recommendations for traffic calming measures when the resurfacing
project is designed.
The proposed project scope of work includes a striping plan to Incorporate bike lanes in
each direction. The new striping configuration will reduce travel lane width,, which will
help reduce the vehicle speeds. As an additional traffic calming measure, a digital
speed limit sign will be installed in the southbound lane near Mesquite Lane,, where
vehicles have a tendency to pick up speed as the roadway grade descends towards
Tally Ho Road. James Way is classified as a collector street. Therefore, further traffic
calming options would not be appropriate.
Currently, there is aJames Inlay Habitat trailhead on James Way adjacent to Clinton
Court. However, there is no adjacent parking, which limits access for the public to
utilize this resource. As a result the proposed striping plan includes the addition of
three on -street parking spaces adjacent to the James inlay Habitat Trail entrance.
The contract time is estimated at 60 calendar days. Work is expected to begin in late
April 2008 and finish by early -July 2008.
Agenda Item 8.k.
Page 2
CITY COUNCIL
CONSIDERATION To APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS
FOR THEJAMES WAY REHABILITATION PROJECT, PW 2007 -
FEBRUARY 26, 2008
PAGE 3
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve staff's recommendations;
Do not approve staffs recommendations;
-
Recommend mend work be performed during normal business hours;
Provide direction to staff.
ADVANTAGES:
James Way is a major collector street in the City's circulation system. Performing the
asphalt concrete overlay between Oak Park Boulevard and Equestrian Drive, and
Village Glen Drive to Tally Ho Road will provide a stronger and more durable roadway
section. This will extend the life of the pavement and reduce the meed for maintenance
for 15 to 20 years. The rnicrosurfacing application between Equestrian Drive and
Village Glen Drive will also require less maintenance. At the sane time, the new
striping plan will provide traffic calming benefits and implement policy goals of the City's
Bikeway and Pedestrian Plan.
DISADVANTAGES:
Asphalt overlays are normally expected to last 15 to 20 gears. Staff believes
concentrating the asphalt overlay on the failing segments will help but the lifespan of
the overlay may be compromised without the additionally required thickness. However,
increased application of asphalt would not be cost effective.
ENVIRONMENTAL REVIEW:
Staff has determined that the project is categorically exempt from CEA pursuant to
Section 15301 (c).
PUBLIC NOTIFICATION AND COMMENTS:
TS:
The agenda was posted on Thursday, February 21, 2008. The agenda and staff report
were posted on the City's website on Friday, February 22, 2008. No public comments
were received as of the time of preparation of this report.
Attachment:
1. Tentative Schedule
2. Notice of Exemption
Agenda Item 8.k.
Page 3
Attachment 1
Tentative Project Schedule
For
James Way Pavement Rehabilitation Project
Project No. PW 2007-06
Approvalof Project Plans (at CityCouncil meeting) •....................................................... February 26, 20 08
I" Notice to Bidders ................................................................................................................. Mar h #, 2008
Pre Bid Meeting (Wednesday, 2.00 p.m. City Council Chambers) ....................................... March 12, 2008
Bid Opening (Tuesday, 2,30 p.m. City Council Chambers) ..................................................March 18, 2008
Award of Contract at City Council meeting .................... ■ ...... ■ .. ■ . ■ .. ■ . ■ .. ■ . ■ .. ■................................ April 8, LI V
NoticeVAward ....................................................................... a ................................................. April , 2008
Noticeto Proceed....................................................................................................................April 28, 2008
Contract Completion calendar days).................................................................................. Jure 26, 2005
Agenda Item 8.k.
Page 4
Notice of Exemption
To: Office of Planning and Research
1440 Tenth Street, Room 121
Sacramento, CA 85814
19 County Clerk
County of San Luis Obispo
County Government Center
San Luis Obispo, CA 93408
ATTACHMENT NO. 2
From: (Public Agency) City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421
Project Title: James Wak Rehabilitation EMLect06
'A PW 2007
Project Location - Specific: James Waz from Oak Park Boulevard to TalIV Ho Road
Project Location - City: `w Grande Project Location - County: Sari �.�ri bidao
Description of Project: Asphalt concrete overlay from Oat[ Park Boulevard to E ue trian Road
Mi rfer"n application between E ues Han and Mesquite Lane halt concrete overlav between
Mesaufte Lane and Tally Ho Road ffl f tri In of roadway from Oak Park Bouleward to TailJYo load
Marne of Public Agency Approving Project: City of Arrovo Grande - Public Works Department
Name of Person or Agency Carrying Out Project: Michael Linn P.E.
Exempt Status: (check one)
El Ministerial {Section 12080(b)(1); 15268);
Cl Declared Emergency {Sec. 21080(b)(3); 15269(a));
0 Emergency Project (Sec. 21080(b)(4); 15259 b c ;
M Categorical Exemption. State type and section number: Section t 3 c
0 Statutory Exemptions. State code number:
Reasons Why Project is Exempt: Project provides maintenance apiolications on the surface of the
existina roadway,
Lead Agency
Contact Person: —Michael Linn .E Area Code/Telephone/Extension: _180 473-5444
If filed by Applicant:
1. Attach a certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project' 22 Yes 0 No
Signature:
91 Signed by Lead Agency Q
0 Signed by Applicant
Date: Title: Public Works Director
Date received for filing at OPI :
Agenda Item 8.k.
Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.k.
Page 6
MEMORANDUM
To: Arroyo Grande City Council Members
From: The Hasay Family, 161 Andre Drive, Arroyo Grande
Subject: Consideration of City Policy and Regulations Regarding Placement of Basketball
hoops in the Public Right -Of -Way
Dear Council members
With regard to, the use of basketball hoops to the public right-of-way, the Hasay family at 161
Andre Drive provides the following comments and recommendations for the council to consider
Background:
1. We moved into our home in February, 2000. Since that time (over eight years), we,
along with several of our neighbors have had basketball hoops in the street area near the
curb outside our homes. Never once have we received a complaint from a neighbor or
the city with regard to any violations of the city code Only until recently, when a new
resident moved into our neighborhood, has a complaint been filed
2. We live on a cul-de-sac with little or no traffic The traffic that does come through our
street is primarily neighbors driving to and from their homes
3 The angle of the street and the locations of the basketball hoops in question provide a
driver operating a vehicle with plenty of visibility to notice children way beforehand,
allowing the vehicle operator to slow down well in advance of approaching children.
None of the hoops are located near an intersection.
4 All the basketball hoops are placed in the front of each owners home, off the curb, in
areas where vehicles can still park, and off of the sidewalk area allowing for proper
pedestrian access
5 All of the basketball hoops are located in areas where they do not prohibit the mobility of
large vehicles and emergency response vehicles
Recommendation:
With that said, we ask the city to consider adopting regulations similar to those adopted in many
other cities around the country, taking into account the information provided above Such
regulations would allow for the continued safe use of basketball hoops in a neighborhood We
live in a sedentary society, our children need recreational opportunities Prohibiting such
opportunities only serves to further degrade the health and well-being of our children
Respectfully,
The Hasay Family
Teresa, Joe, Jordan and Jedd
Page 1 of 2
From:
Tony Ferrara
Sent:
Wednesday, February 27, 2008 2 37 PM
To:
Steve Adams
Cc:
Kelly Wetmore
Subject:
FW City Council meeting this evening
Steve
Joe Hasay attached a memo to his first e-mail (scroll down) similar to Carl's in support of the hoops in the street
Below is my response back, and his final response Please forward to Tim and the Council
PS I already sent a copy to Ed
Thanks
Tony
From: Joseph Hasay[mailto:jhasay@umtedparadyne.com]
Sent: Wed 2/27/2008 11:34 AM
To: Tony Ferrara
Cc: Joe Costello; Ed Arnold; Chuck Fellows; Jim Guthrie
Subject: RE: City Council meeting this evening
Tony — Thank you for your prompt response I totally understand I would take the same position I had to give it
a shot, however' O
Thanks again
Joe
From: Tony Ferrara [mailto:tferrara@arroyogrande.org]
Sent: Wednesday, February 27, 2008 11:21 AM
To: Joe Hasay
Cc: Joe Costello; Ed Arnold; Chuck Fellows; Jim Guthrie
Subject: RE: City Council meeting this evening
Good Morning Mr Hasay (Joe),
Thanks for taking time to compose the attached memo The information you provided together with other
testimony will be helpful in attempting to reach some form of solution to this issue Here is some additional
background that we must consider Our staff has advised that we should leave the current ordinance in place
The reasons cited are mostly legal and logistical in nature The City would not be acting responsibly if we
officially condoned the placement of recreational equipment in a dedicated city street intended primarily for
vehicular use The liability that attaches to this practice could be disastrous for even one instance That of
course does not begin to approach the tragedy associated with a vehicle / child incident Most recently, the City's
insurance company weighed in on this issue and advised us to maintain our current policy
I wholeheartedly agree that we need to find outdoor activity that is convenient and available so that we encourage
kids to lay down their game controls and go outside Your family is a shining example of what can happen when
everyone participates in outdoor sports activities (My two kids are MCP graduates, and we're very proud of
Jordan!') 11
Another consideration is street maintenance and safety Staff has cited instances w�re portable hoops left in the
2/27/2008
Page 2 of 2
street has caused the street sweeper to avoid an area, in turn causing debris to accumulate Other issues include
curb/gutter drainage problems, parking, delivery and mail vehicles that can't access areas, particularly on narrow
streets
That said, one of the reasons we postponed the matter last night is precisely for the reasons you indicated There
are a few cities that have adopted other procedures to deal with this situation and our staff, to include our City
Attorney wanted to explore them before we make a determination We will be meeting with some of our residents
as we engage in this process Council Member Ed Arnold is our lead person on this matter I will make sure he
receives this information at his home e-mail
Best to you and your family, and please tell Jordan that "City Hall" is following her success
Have a great day and enjoy the beautiful weather "outside"'
Tony F
From: Joe Hasay[mailto:jhasay@unitedparadyne.com]
Sent: Tue 2/26/2008 10:12 AM
To: Tony Ferrara
Cc: Joe Costello; Ed Arnold; Chuck Fellows; Jim Guthrie
Subject: City Council meeting this evening
Hello Mr Mayor and City Council members
We understand a topic on the agenda this evening is the placement of basketball hoops in the Public Right of
Way
I unfortunately will be unable to attend this evening's session As a result, the Hasay family at 161 Andre Drive
would like to submit the attached letter documenting our recommendation on the subject matter
Thank you and keep up the good work'
Friendly,
The Hasay Family
Teresa, Joe, Jordan and Jedd
2/27/2008
JMY 10. loll
MEMORANDUM
40ft
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER 5*1
SUBJECT: CONSIDERATION OF CITY POLICY AND REGULATIONS
REGARDING PLACEMENT OF BASKETBALL HOOPS IN THE
PUBLIC RIGHT-OFmWA
DATE: FEBRUARY 2, 2008
RECOMMENDATION:
It is recommended the council direct staff` to continue with the existing practice
regarding regulation and enforcement of basketball hoops in the public right -of -wary.
FINANCIAL IMPACT:
There is no financial impact to this recommendation. There could be a significant
cost if staff were directed to establish a permitting process for basketball hoops in the
public right-of-way.
BACKGROUND:
At the December 11 # 2007 meeting, Council Member Arnold requested staff` present
options to the City council regarding regulation and enforcement of basketball hoops
in the public right -of --way. It is staffs understanding that the request was in response
to a citizen complaint received regarding an enforcement action involving a
basketball hoop illegally left in the street. A copy of the complaint is attached. The
item was originally placed on the January '22, 2008 agenda, but continued to the
February 26, 2008 meeting in order to accommodate citizens expressing an interest
in providing input.
Under current practice, staff has classified basketball hoops as an obstruction
prohibited in the public right-of-way r under Municipal Code Section 12.08.010.
Obstructions in the public right-of-way are also prohibited by the state of California
Vehicle code. However, rer, the general practice of the Neighborhood Services program
is to enforce these violations only when the basketball hoop is left unattended and a
complaint is received or when the basketball hoop is placed on the sidewalk and
legally required ADA clearance is not maintained. A copy of the Initial courtesy notice
that is seat to a resident in response to a violation is attached.
Agenda Item 10.a.
Page 1
CITY COUNCIL
CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING
PLACEMENT OF BASKETBALL HOOPS IN THE PUBLIC RIGHT-OF-WAY
FEBRUARY 26, 2008
PAGE 2
Staff has also initiated proactive public education regarding this issue. An article was
included in theJanuary 2004 issue of the Stagecoach Express. A copy is attached.
Also attached is an informational brochure that has been distributed to residents and
neighborhoods where basketball hoops are prevalent on streets and sidewalks.
The purpose of the public education program has been to seek voluntary compliance,
but staff believes its success has been limited. The City has experienced a
proliferation of basketball hoops in the public right-of-way over the past year. The
Neighborhood Services Division has responded to 19 complaints in 2007, but a
recent field survey conducted for the purpose of this report indicated that there are at
least 65 basketball hoops currently existing throughout the community either on the
sidewalk or in the street. The picture of Hillside Court in Attachment 5 is typical of
many locations. In discussions with other city managers, it is also evident that this i
an issue that many communities are struggling with.
ANALYSIS of ISSUES:
Through the League of California cities, staff conducted a statewide search of city
regulations and enforcement. The majority of cities responding to the survey
indicated they are utilizing an approach comparable to the city of Arroyo Grande.
Only three communities responded that basketball hoops are allowed in the public
right -of -war under certain circumstances. These include Pleasanton, Woodland,, and
Rocklin. Some cities indicated they actively patrol and enforce restrictions, such as
Perris, victorville, and Stockton. All three issue citations and Victorville and Stockton
remove the baskets at the owners expense when necessary. However, most cities
responded that they are not allowed, but enforcement is limited to response to
complaints.
A number of issues have been identified regarding basketball hoops in the public
right-of-way:
0 If not weighted properly, they can fall over in windy conditions, causing injury
and damage to vehicles. Staff is aware of two that have fallen over recently.
Fortunately, no damage has occurred.
They can restrict access of refuse trucks, street sweepers, and emergency
vehicles.
0 When placed against the curb, they restrict drainage and can cause water to
flow into the vehicle travel lane and/or cause damage to adjacent properties.
0 They can reduce and/or restrict access to parking.
0 Encouraging recreational activities in the street can increase the risk of
accidents and liability on the part of the City. In response to the city's inquiry,
the California Joint Pourers Insurance Authority CJPIA, which is the insurance
pool the City Is a member of for liability coverage, recommended against
allowing basketball hoops in the public right-of-way.
Agenda Item 10.a.
Page 2
CITY COUNCIL
CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING
PLACEMENT OF BASKETBALL ALL HOOPS IN THE PUBLIC F IGHT43F-WA
FEBRUARY 2, 2003
PAGE
When placed on the sidewalk, they restrict pedestrian access and may create
n ADA violation due to inadequate wheelchair access.
ALTERNATIVES:
The following alternatives are provided for the council's consideration:
The council may take no action and direct staff to continue with the current
practice.
The City Council may direct staff to develop regulations similar to those in place
in Pleasanton. The City of Pleasanton allows basketball standards under the
following conditions:
It is placed along the resident's own lot.
It is placed where vehicles can legally park.
The base is placed within sic inches of the curb.
0 It rust be moved when street maintenance requires is no parking'.
It does not create a situation where the owner is forced to park his/her
vehicles in front of other homes due to the placement of the standard.
It is not placed too close to an intersection.
It is not placed in an area determined by the code Enforcement Officer or
other official to be a hazard.
The city may direct staff to prepare an ordinance requiring a permit and/or
liability coverage for placement of a basketball hoop in the public right-of-way.
The city council may direct staff: to prepare recommendations for a more
proactive enforcement program.
Provide direction to staff.
ADVANTAGES:
TAGES:
The current practice responds with enforcement in a responsive, yet customer
friendly manner, when problems exist as determined by residents of the
neighborhood. Enforcement activity is manageable with existing resources and limits
liability to the City. Allowing basketball hoops in the public right-of-way would
increase the problems outlined above and create significant liability for the city.
Requiring a permit would create a staff intensive process, which would also increase
liability to the city and/or be cost prohibitive to the resident, thus resulting in an even
more difficult enforcement situation.
DISADVANTAGES:
Prohibiting basketball hoops in the public right-of-way reduces positive recreational
opportunities for youth and adults in many neighborhoods that have no convenient
location for the hoop on their property or convenient access to a City park. At the
same time, by limiting enforcement, proliferation of the basketball hoops is likely to
continue, resulting in many of the problems outlined above.
Agenda Item 10.a.
Page 3
CITY COUNCIL
CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING
PLACEMENT OF BASKETBALL HOOPS IN THE PUBLIC RIGHT -OF WAY
FEBRUARY 26, 2008
PAGE 4
ENVIRONMENTAL ONMENTALREVIEW:
NO environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front Of City Hall On Thursday, February 21, 2008. The
Agenda and report were posted On the City's website On Friday, February 22, 2008.
Residents who have recently expressed complaints in response to code enforcement
actions regarding this issue were also notified that it would be reviewed at this
meeting.
Attachments:
1.
Citizen Complaint
2.
sample Courtesy Notice
3.
Stagecoach Express Article
4.
Educational Brochure
.
P i t u re Of Grove C O u rt
Agenda Item 10.a.
Page 4
ATTACHMENT 1
From: Curl Artpeu
Sent: Monday, October 15, 2007 12:32 Phi
To: 'earnold@arroyogrande. rg'
Subject; Basketball hoops in public right of way
Mayor Pro Tera Arnold,
Below, in Italics, is the City of Pleasanton's basketball hoop rules - these seem to rye
to be a good blend of public Safety, aesthetics, and most importantly encouraging for
healthy eerie for young people.
As background info, because of a recent incident that caught my attention, and after
reading the current "flyer" that is being given out by the City titled "Basketball loops
in public right of way" which specifically states that the "City has adopted a policy
that discourages the use of basketball hoops in the roadway". In doing some
research on this issue, there are instances in Other cities where the fiat step has
been the banning of hoops in the street, this has led eventually to a total ben of any
kind of children's play being allowed in streets. This has 'any detrimental effects
both to the individual children, as well as the community at large.
As I reviewed various cities policy's toward this issue, there is a very wide latitude in
opinions - ranging from no rules whatsoever, to total prohibition of any street play
(including running around, ball play, catch, tag, riding a bicycle without a
destination, etc). I believe the Pleasanton rules seem to be the best compromise for
a community.
This is an issue that I am considering pursuing for the quality of life and health of all
of Arroyo Grande's youth. I would appreciate any thoughts or guidance you might
have on the subject.
Pleasanton
The followings a list of conditions by which a resident ofthe City ofPleasanton can
place a basketball standard in the public right of way (PMS' 13-04-050):
- Paced only along the resident's own lot
Placed where vehicles can legally park
- The base is placed within six inches ofthe curb
- It must be moved when street maintenance requires "no parking"
- Does not create a situation where the owner is forced to park his/her vehicles ire; -or t of
other homes due to the placement of the standard
d
- Is notaced too close to an intersection
- Is not placed in an area which is determined by the Code Enforcement macer or other
city official to be a hazard.
This violation is investigated on a complaint basis unless a public .safety concern is
identified. A violation is citable through our Administrative citation program. Yhe first
violation caries afine of $100.
Thank you,
Carl Art p eus
Agenda Item 10.a.
Page 5
Courtesy Notice
Date:
Address:
ATTACHMENT 2
Subject: Violation of Arroyo Grande Municipal code 12.08.010 obstructions
of right of way
Dear Resident Property Owner,
The purpose of this letter is to inform you, the property owner, that the city of
Arroyo Grande is addressing the municipal code violation at your property. We
are requesting your immediate assistance to bring your property into compliance
with the Arroyo Grande municipal node. The specific code requirements which
you are in violation of are:
12.06.010 obstructions defined.
For the purposes of this chapter, "obstructions" means and includes
vehicles, or portions thereof, machinery, barrels, bones, building material,
and all other things, which would be liable to cause injury to pedestrians or
vehicles and to the drivers thereof in case of being collided with. (Prior
code § -3.01
12.06.030 Locations restricted.
The director of public works shall not grant permission to place or deposit
such obstructions in those portions of any public street, highway, walkway
or sidewalk customarily used for the purpose of traffic, but such
obstructions in all cases shall be placed or deposited adjacent to the curb
or in such place that it will be the least likely to obstruct traffic or endanger
life or property. (Ord. 567 § 2 (part), 2005: prior code § 7-3.03)
12.06.040Violations--Misdemeanor.
Any person who shall violate any of the provisions of this chapter shall be
guilty of a misdemeanor. In addition thereto, every such person shall be
Agenda Item 10.a.
Page 6
liable for all damages in the event of injuries to persons or property as a
result of such obstructions. (Prior code § 7-3.04)
Description:
The portable basketball hoop, skate ramp, or other obstruction in front of your
house is In violation of the municipal code. There are multiple concerns with
basketball hoops or similar items that are left unattended in the public right of
gray. These concerns are as follows:
1. Top-heavy hoops pose as a collapse hazard in windy weather. The
portable basketball hoops are of such size and weight to be capable of
causing injury to pedestrians or damage to vehicles.
2. Basketball hoops limit the mobility of large vehicles such as garbage
trucks and emergency response vehicles, Mire apparatus ambulances)
3. Obstruction of rainwater and collections of debris can occur where such
items block the curb.
4. Items left in the street occupy street parking spaces.
With your cooperation vire can avoid further considerations for enforcement and
maintain the beautiful character of the community. If you have any questions
regarding this matter, please do not hesitate to contact the Neighborhood
Services Coordinator at g 473-5437. Thank you in advance for your
anticipated cooperation.
Sincerely,
Neighborhood services Coordinator
Agenda Item 10.a.
Page 7
PAGE 2 STAGECOACH EXPRESS
C n -Y
ASSISTANT
PROGRAMS
�E FOR S
MA
TARGET
►LL BUSINESS
One of the top priorities of the City Council is a strong business
assistance program, particularly focused on small businesses. The program
is important to naintain2vibrant business community that will enhance
the economic vitality of the City, to protect and enhance employment, and
to meet the retail needs of the community. Utilizing Federal grant fuming,
the City has partnered with the South Central Coast Small Business
Development Center (SBDC) to provide free business technical assistance
and workshops to business Owners. The same funding is being u ' ' d to
provide a facade improvement grant program.
The City has also taken several steps to coordinate its planning efforts
with the local merchants, particularly projects focused on E. Grand Avenue
and the Village. The redevelopment Agency has participated in joint
public-private projects to encourage new business development along the
E. Grand Avenue corridor. Plaza and landscaped areas are being
encouraged in new projects to compliment the new streetscape
enhancements. New on -street parking is beim created on E. Grand Avenue
to both increase parking for businesses, as well as to serve as a buffer
between vehicle and pedestrian traffic, while a comprehensive parking
improvement plan is under development for the Villagc. In addi
ATTACHMENT
BASKETBALL HOOPS IN
PUBLIC RIGHT OF WAY
- Information Regarding Basketball
Hoops, the Public Right of Way,
and the City ofArroyo Grande
City of Arroyo Grande 0r11r'10!!rjjjjjj - lilllll!lllllllllllilll
P.O. Box 550
214 E. Branch Street
Arroyo Grande, CA 93421
(805) 473-5420 �
Neighborhood Services Coordinator .•-�
214 E. Branch Street
Arroyo Grande, CA 93421
(805) 473-5437
Agenda Item 10.a.
Page 9
- infornialion reg,
ardin u basketball hoops, the pub -
aid right qf w tv, and TheCil . qfArrqyo Grande
Municipal Code Provisions!
Liability issues and public safety require the City
to address the basketball hoops in the public
right-of-way.
1 .0 .010 obstructions defined.
For the purposes of this chapter, "obstructions"
means and includes vehicles, or portions thereof,
machinery, barrels, bones, building material, and
all other things which would be liable to cause in-
jury to pedestrians or vehicles and to the drivers
thereof in case of being collided with.
By having obstructions (Basketball Hoops) in
the public right-of-way you are in violation of
the City's Municipal Code and subject to en-
forcement.
n-
f r em nt. It may also create a violation of
Federal ADA lawns by eliminating the required
wheelchair access space.
What Can You Do!
To ensure the safety of the community and to
prevent any accidents or damages, basketball
hoops should be placed on the forward most por-
tion of the driveway or other similar recreational
areas where the entire basketball hoop and rec-
reational area is on private property and not on
the public right-of-way.
Not Allowed
Allowed
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BASKETBALL HOOPS IN PUBLIC
RIGHT OF WAY
The Public Right Of Way
"Right-of-vay'l means a strip of land ac-
quired by reservation, dedication, forced dedi-
cation, prescription or condemnation and in-
tended to be occupied or occupied by a road,
crosswalk, railroad, electric transmission lines,
oil or gas pipeline, water line, public sanitary
storm serer, and Other similar uses.
The streets and sidewalks of Arroyo Grande
are such public rights-of-way and are owned
by the City and used by the community. The
streets and sidewalks must be free of non -
permitted obstructions, such as non -permitted
dumpsters, debris, as well as basketball
hoops, which can be a hazard.
Basketball sloops and the
City Right of Way
Basketball hoops in the streets and on side-
walks are potential safety hazards for the
players and can become hazards for those
using the streets and sidewalks. Motorists, bi-
cycles, strollers, pedestrians and wheelchair
users must be able to travel safely without
having to travel around basketball hoops or
other obstructions in the right-of-way. Service
vehicles, such as garbage or other utility vehi-
cles, can also be adversely affected by hoops
in the travel way.
The City has adopted a policy that discour-
ages the use of basketball hoops in the road-
way. When the City receives a complaint
(from a resident or other user of the right-
of-way), staff members will inform the resident
and the property owner if applicable) by ask-
ing therm to remove the obstruction.
Agenda Item 10.a.
Page 10
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THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 10.a.
Page 12
�o� PRRoro" \
� INCORPORATED Z
v O
fi
*kJULY 10. 1911
co
44
4%:
MEMORANDUM
DUM
TO: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD of DIRECTORS
S
FROM: ANGELA I I AETSCH, DIRECTOR of FINANCIAL_ SERVICES
SUBJECT: FISCAL YEAR 2007-08 MID YEAR BUDGET REPORT
DATE: FEBRUARY 28, 2008
RECOMMENDATION:
It is recommended the City Council/Agency Board:
• Approve detailed budget adjustments listed in the did -bear budget report;
Approve Schedules A and E; and
* Approve (Deny) requests for additional appropriations in the General Fund.
FI1ANCIAL. IMPACT:
The General Fund ending balance will be impacted by the approval of the recommended
revenue and appropriation adjustments as follows:
Fund Balance at 1st Quarter Budget Deport:
Additional Carryover Appropriations
Available Fund Balance 12/11/2007
Net Approved Adjustments
Increase in Revenue
Proposed Adjustments
Total Increase to General Fund Balance
Adjusted Fund Balance 613012008
$(1,790)
75,008
(52,8
4p}
$1 }6191577
1,6M963
2
'{ 41
Because some projects, operations, and orders are not complete by the June 30 year-end
close, it is common for the projected fund balance to be reduced by expenses (carryovers) to
be paid in the current fiscal year.
BACKGROUND:
Each year, the City Council/ICDA Board of Directors adopts a budget, which commits
resources to the accomplishment of its policies. The Financial Services Department routinely
prepares quarterly budget updates for the City Council.
Agenda Item 11.a.
Page 1
CONSIDERATION of MID YEAR UDGET REPORT
FEBRUARY 2 , 2008
PAGE 2
The purpose of the City's Mid Year Budget Report is to.-
Compare
o.
Compare revenues received and expenditures made to budgeted amounts to determine
appropriate adjustments.
Report on Departmental accomplishments.
Provide a link between the City budget, the financial records, and the independent
financial audit.
Compare current revenues and expenditures against the prior fiscal year.
ANALYSIS of ISSUES:
As reported in the First Quarter Report, after mating all year-end closing entries, it was
discovered that Fiscal Year 2006-0revenues were significantly below what staff had
originally estimated. Since these estimates were used for the base when staff was
preparing the Bi -Annual Budget projections, it has caused shortfalls in both years of the
200 7-09 Bi -Annual Budget. Staff proposed and the Council approved several adjustments
in the First Quarter Report. These adjustment are outlined below:
The existing budget included a positive balance, which was used to address a
significant portion of the reduction in revenue projections.
0 Departments were requested to implement 2% reductions to their operational accounts.
Vehicle purchases were postponed where possible.
Additional consultant service: intern and overtime expenditure reductions were
approved.
Fee increases were proposed based on the findings of the comprehensive laser Fee
Study.
All revenue and expenditure accounts were reviewed and adjustments were proposed
where appropriate to maintain accuracy.
New revenues from PG&E and cell phone towers Ceases were budgeted.
Funds were proposed to be withdrawn from the City's balance in Worker's
Compensation and Liability reserves remaining from tail claims when the City joined the
California .point Powers Insurance Authority CPIA. The City currently has a projected
balance of $641,846 when remaining claims are closed. However, C JPIA has recently
experienced major claims from other member jurisdictions, which are projected to
substantially increase rates over the net 3 -year period. As a result: only a small
portion, $90,000, of the balance was recommended to be withdrawn at First Quarter.
The remaining funds were to be used to cover expected increases.
However, while liability costs are projected to increase the City's Workers Compensation
costs have continued to decrease. As a result, it was determined that less would be
needed to fund expected increases than projected. Therefore, staff is requesting an
additional increase of $50,000 in insurance refunds be withdrawn.
Agenda Item 11.a.
Page 2
CONSIDERATION OF MID YEAR BUDGET REPORT
FEBRUARY 26, 2008
PAGE 3
At the request of Council during discussion of the First Quarter Report, staff prepared an
analysis of property and sales tax projections. The first property tax payments were
received: which increased 8% over the prior year. Staffs estimate for the year was 7%.
With property values continuing to fall, staff believes this should place the City close to its
budget target by the end of the fiscal year.
Staff also recently net with the City's sales tax consultant Hinderliter: deLlar as
Associates). Sales tax received after the first four months of the fiscal year was at 33% of
the amount budgeted. Therefore, staff believes the sales tax revenue is on target at this
time, but requires ongoing monitoring since it is so close.
There are additional revenue items currently below staff projections, which are cause for
concern and may require further budget adjustments. However, they are relatively minor
and probably will not involve major changes.
As discussed in the First Quarter Report, the current budget does not meet the Council's
fund balance goal of 20% or a minimum of 15%. The projected fund balance remains at
11 %. Immediately achieving the minimum fund balance goal would result in service level
reductions. Therefore, staff proposed to build the reserve over the net 2-3 years through
year-end savings.
The total Citywide Fuad Balance reported at ,June 30, 2007 i $30,722,108. This is an
increase of approximately $5,972,080 over June 30, 2006. The beginning General Fund
balance is $1,808,404, which was a decrease of $550,674 from the prior year and at year
end was 13% of General Fund appropriations. The audited Fund Balances reported in the
Comprehensive Annual Financial Report CAFI have been incorporated into the beginning
fund balances on Schedule A. There is one adjustment to the beginning fund balances that
are different from the CAFR. The adjustment was to subtract the Fixed Asset balance of
$10,037,001 from the Water Fund in order to reflect a more accurate cash fund balance.
The current projected available General Fund Balance for dune 30, 200 8 is $1,639,34'1 t a
decrease of $883,020 from the projected fund balance of $2,522,361 published in the F
Zoo -o Bi -Annual Budget. The published fund balance did not include all carryover
expenditures or compensation adjustments for FY 2007-08. The projected Fund Balance
assumes revenues are received exactly as budgeted, all budget expenditures are made, and
all capital transfers required by the CIP Program are completed. Historically: the General
Fund has not been required to fund all budgeted capital transfers, and expenditures at year-
end are traditionally less than budgeted. Therefore it is likely than the June 30# 2008 General
Fund Balance will be greater than that projected.
As part of the Mid Year process, staff is asked to review their current budgets and determine
if any adjustments are required. This report includes General Fund requests of an additional
($67,530) in appropriations: an increase of $5,926 in Transfers -in and an increase of $71,982
in General Fund revenue. Additional increases in appropriations are requested in the Federal
Fire Act Grant ($'15,959) due to the completion of the grant, the Redevelopment Agency
Fund ($'1,400) in personnel transfers due to the City Manager salary increase,
Agenda Item 11.a.
Page 3
CONSIDERATION of MID YEAR BUDGET REPORT
FEBRUARY 28, 2008
PAGE
Redevelopment set Aside Fuad of ($1,480,200) related to increased personnel transfers and
purchase of land, CIP Fund of ($316,655) due to additional projects that are listed in more
detail in the Ilid Year Budget Repo rt, the Sewer Fund of ($2'1,00) due to increased
personnel transfers, serer system management plan and council approved improvements,
the Water Fuad of ($34,266) related to personnel transfers, Water Well No. 8 pump repair
and the Farroll Aire rehabilitation project, and lastly the Water Facility Fund of $10, for
the Farroll Aire rehabilitation project. Staff is requesting a decrease in appropriations in the
Local Bales Tac Fund of $4,396 due to savings from the Fire Radio Communications
Upgrade. Detailed descriptions of these requests are included in the Mid -Year Report ort and
shown on Schedules A and B.
The Management ent Deporting system status Report on departmental accomplishments and
key issues in progress is presented as a separate section at the end of this report. Each
department /division reports the work accomplished during the first half of the fiscal year
toward an improved City government. Also reported is the progress toward those on-going
projectstwork efforts that will continue into the remaining quarters.
ALTERNATIVES:
The following alternatives are provided for city Council/DDA Board consideration;
1. Approve the following Schedules A and B included in Mid Year Budget Report that
summarizes budget adjustments;
2. Do not approve recommended budget adjustments and propose reductions to balance
budget and/or increase General Fund reserve;
8. Provide direction to staff.
ADVANTAGES:
Staff conducted a review of City funds and is recommending certain budgetary adjustments.
By approving this recommendation, the budget will remain balanced. A balance will remain
in Fly 2008-09 in anticipation of labor negotiations. Department staff is working on additional
efficiency measures to further increase this balance.
DISADVANTAGES:
Based on the recommendations, departmental budgets will continue to be constrained and
will present a challenge to some accounts to maintain expenses within the budgeted
amounts. In addition, reserves will be below the General Fund 15% policy minimum.
ENVIROMENTAL REVIEW:
IEW:
No environmental review is required for this item
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of city Mall on Thursday, February 21, 2888. The Agenda
and report were posted on the city's website on Friday, February 22, 2888. No public
comments were received.
Agenda Item 11.a.
Page 4
CONSIDERATION of MID YEAR BUDGET REPORT
FEBRUARY 28, 2008
PAGE 5
Attachment(s):
Mid Year Budget Report
Agenda Item 11.a.
Page 5
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R0��
� c9
�INCORP019ATE a
" My lo. loll + MANAGEMENT REPORTING SYSTEM
c�tiroaN�P
MID -YEAR
July 1, 2007 - December 31. 2007
FUND: General Fund
DEPARTMENT: City Manager's Office
DIVISION: City Administration
Mid -Year Accomplishments
Completed development of strategies for cost control of retiree medical benefits,
have thus far implemented changes with two of the City's employee groups, and
have made proposals to the remaining two groups.
Coordinated preparation of release of an RFP for the Faeh Street hotel project.
Coordinated purchase of the Courtland Street property for an affordable housing
project and plans for a commercial project on the remaining parcel.
Prepared a neva management performance evaluation form and merit pay program.
Prepared and distributed the first annual local sales tarn allocation report to all
households.
Completed an analysis of basketball hoop regulations.
Prepared and presented a "Mate of the City" program to all City employees.
0 Prepared and presented City input and concerns regarding the impact of Los Robles
Del Mar on the City's water supply for Local Agency Formation Corrmissi n
consideration.
0 A proposal was negotiated with, and approved by, the Water Quality Control Board
for settlement related to a City sewage spill to substitute proposed projects t
address the majority of the terms of the agreement.
20
Agenda Item 11.a.
Page 25
Kev Issues 1 Work Efforts In Pro ress
Staff is coordinating with Pismo Beach, Grover Beach and OCSD to negotiate
renewal f the South County Sanitary Service franchise agreement r issue an RFP
for a neva operator.
0 Negotiations are under way with OCSD regarding extension f the water sharing
agreement.
Recommendations are being developed for neva City public education programming
min
to be aired on the City's government channel.
0 Work is under gray to complete update of the City's Personnel Regulations ns and
Administrative Policy Manual.
• A property trade designed to expand pillage parking behind the City Council
Chambers is under negotiation.
Negotiations are under way to potentially propose sale of two unused City properties
to generate revenue for the City's reserve and agricultural conservation.
21
Agenda Item 11.a.
Page 26
INCORPORATE
■IULY 10■ 1911 ,
F
FIND:
DEPARTMENT:
MANAGEMENT REPORTING SYSTEM
MID -YEAR
JuIv 1. 2007 - December 31, 2007
GENERAL FANO
ADMINISTRATIVE SERVICES
Mid -Year AccomWishments
Completed one 1 Municipal Code supplement to incorporate newly adopted
Ordinances into the City's Municipal ipal Code.
Coordinated one 1 publication of the City newsletter, Stagecoach--Expres, rrih
was mailed to all City residences and businesses.
Completed backfile scanning of City Council minutes dating back to 1911 into the
LaserFihe document imaging system.
Administered oaths of office to newly appointed advisory body members who
assumed unscheduled vacancies on various City commissions, boards, and
committees.
* Distributed Semi -Annual Campaign Statement forms to elected officials and focal
campaign committees.
• Processed City documents (deeds, contracts,, agreements, resolutions, ordinances,
minutes) in a timely manner.
Met all legal publishing and posting requirements.
Received eived $1,000 grant from the Southern California City Clerks Association for
purchase and implementation of a document and insurance certificate tracking
software.
Assisted in redesign of City's website by transferring existing content and documents
from the old website to the new website.
• Updated government access channel with information provided by City departments
on events, programs, and services.
• Completed terra as SecretaryTreasurer for League of California Cities Channel
Counties Division.
* Appointed to the League of California Cities Administrative Services Policy
Committee.
22
Agenda Item 11.a.
Page 27
Kev_Issues Work Efforts In Prociress
Distribute Annual Statement of Economic Interests Forms to all elected and appointed
officials of the City, including members of the City Council, commissions, boards
committees, staff, and consultants.
Coordinate publication of two 2 issues of the City newsletter, Sta ecoa h Esc rens
for distribution to community in February and June 2008.
Begin planning for the November 2008 General Municipal Election.
Conduct bi-annual review of the City and Redevelopment Agency Conflict of Interest
Code.
Begin City-wide Records Management Program and Retention Scheduler `Ject.
Expand use of government access channel to include videos on departmental or
Citywide activities and programs.
Update the Commissioner's Handbook.
Update the Administrative Services Department Procedural Manual.
23
Agenda Item 11.a.
Page 28
I
�pRROy�
� o
• •^�v^pE • MANAGEMENT REPORTING SYSTEM
c44-/FORN�P
MID -YEAR
July 1. 2007 - December 311,2007
FIND; GENERAL FUND
DEPARTMENT: T: FII ANCIAL SERVICES
Mid -bear Acc n1 lishments
• Completed a laser Fee Study.
• Prepared a Citywide Master Fee Schedule.
Outsourced Utility Billing services.
Completed the Fiscal Year 2006-07 audit.
Completed the California Street Report rt and California Transportation Report.
Completed the State Controllers Report for the City and the Redevelopment
Agency.
Completed an OPEB study.
Prepared the 2007-08 and 2008-09 Bi -Annual Budget.
Developed the city's first Comprehensive Annual Financial Report.
Finalized the IFAS audit.
Established a Vehicle replacement fund.
Prepared Continuing Disclosure statements for the Lopez bead and the FDA
tax allocation beads.
Key IssueslWork Efforts InmProaress
0 Updating the City's Purchasing policy
Implement enhanced PEES benefits for SEIU and POA,
24
Agenda Item 11.a.
Page 29
/pRR0�0
X.
0
M +wr o 1e11 t
MANAGEMENT REPORTING SYSTEM
4., - %
MID -YEAR
J u ly 1 200 - December 31. 2007
FUND: GENERAL FUND
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
Mid -Year Accomplishments
Revised design and budget for E. Branch Streets ape Project including ire -ground
trees, storm drainage system and new street furniture.
Completed Traffic Way S reets ape and restriping plans for spring construction,
including E. Cherry Avenue and Fair Oaks Avenue improvements.
Completed Affordable Housing Density Bonus Ordinance adoption for consistency
with State laws and 2005 Housing Element.
Assisted RFP for EI Camino Real & Faeh Avenue hotel.
Coordinated with HRC and historic resource consultant regarding development Of
the local designation criteria, survey and process.
Processed approvals for revised Creekside Mixed Use and Pad "I" of Five Cities
Center development projects.
Assisted Eike Plan lane implementation projects On Rancho Parkway, E. Grand
Avenue, Farr ll Avenue and pending .James Way and Traffic Way.
* Completed PG&E Park N Ride TUP and improvements.
* Assisted with Fee Study and adoption of new schedule.
0 Completed Creek Study and new creek setback standards.
25
Agenda Item 11.a.
Page 30
Key Issues/Work Efforts in Pr cess
Initiated additional parking, sign and personal service amendments to
Development Code: Continuing hearing process.
Coordinating addendum and reconsideration of Tract 01-001 (1998): Spring -
Summer 2008 public hearing process.
Initiating work program and preparation of Agriculture, Conservation and Open
Space Element Update including Ag Buffe"r and landscape design guidelines,
Energy and Water conservation policies, greenbuild policies and programs.
Continuing work on Le Point Street public parking and Mixed -Use proposals.
Continuing coordination on Courtland E -Grand Mixed -Use Project, additional
restaurants, VCA, PSHH and Police Facility expansion alternatives and projects.
e Hillcrest Stonecrest subdivision, GPA & DCA coordination.
Prepare El Canino Deal and Elm Streetscape Enhancement Plans and phased
implementation proposals.
Assist Village Green reconstruction, including new sidewalks, parkways, lights and
street trees.
Propose refinements to FAR, lot coverage and new design guidelines in Village
Historic Overlay District to prevent t'Mansionl ation".
Assist with entry Identification signs at E. Grand Avenue, Traffic Way and other
Ivey locations.
Assist with El Camino ealFaeh Avenue hotel development agreement and
coordinate process through ARC, PC, CC & RDA.
Seek Agricultural Conservation Easement and/or Transfer of Development Credits
and mitigation for ALC or Traffic/Cherry and Huasna Road areas.
W
Agenda Item 11.a.
Page 31
INCORPORATE
IL rn
JULY lo. 1911
F 0 R14
Fly,
MANAGEMENT REPORTING SYSTEM
MID -YEAR
July 1. 2007 - December 31. 2007
GE ERAL FUND
DEPARTMENT: ENT: INF RMATI I TECHNOLOGY
Mid -Year Accomplishments
Procured departmental computer upgrades as approved in the FY 0-8 Budget.
Installed and configured all new computer systems.
Relocated computers to designated departments as needed to meet current IT
standards within the City.
Procured and installed GIs Workstations (GIS Tech. and Parks Dept).
9 Acquired new color aerial photography of City and surrounding areas.
o Acquired hand-held GPS unit.
0 Created topologies for several GIS layers (needed to accurately update polygons).
• Audited CIS panel layer to improve overall accuracy.
Began GIS Client software implementation on City computers designated b 'staff.
Completed GIS system implementation.
• Built intranet application for GIS -based tracking of traffic accidents.
Began citywide audit of addresses for 2018 Census Gfs .
Audited address data in building permit system.
Redesigned and launched new website and provided website management training to
design aced ' C ity staff.
Built intranet application for quick land use/building permit information lookup and
map/label creation.
Began Eden to Laserfi he integration configuration and testing.
Installed additional network daps at City Mall to support printing to the Panasonic
copier and better serge existing network devices.
A
Agenda Item 11.a.
Page 32
Finalized a new licensing model with eompCom Systems to assure all City computers
remain current with Microsoft office Professional business software, and all City
server software platforms are maintained with the most functional platform for the City
network environment.
Completed the Land Management project including an upgrade of the existing
Building Permit application, and new installations for Plan Review and Land Use.
Procured all budgeted E C equipment for the Fire Dept. and began testing.
Completed implementation of an enterprise level anti-spam/virus solution for the City.
Completed testing of network hardware to support the switch upgrade project.
Completed computer configuration changes associated with the Police Dispatch
Center.
Implemented the on Duty scheduling software at the Police Dept.
Implemented TI IS application Millennium upgrade.
Completed design and cost analysis associated with a T-1 data circuit installation from
the Police Dept to the Resource Center at 910 Rancho Parkway (network extension).
,Key Issues Work Efforts Ire ar r a
Continue working on an acceptable CRM (Citizen Bequest Management) system for
the City.
0 Renew Software Assurance on all server software.
mare.
o Procure an Enterprise licensing agreement for Microsoft Office Professional.
Migrate all City computers to the latest most functional) version of Microsoft Office
Professional.
Complete Eden to Laserfiche integration.
Complete all printer replacements budgeted for F o -o .
Complete all flat panel monitor replacements budgeted for FY07-08.
Complete EOC equipment testing at Fire Dept.
Complete network switch replacement at rewrote sites.
Increase network backup capacity as necessary to support 'increased storage
requirements.
• Continue work with vendor to implement changes associated with the Building Permit
fee schedule changes.
Complete MC.SE Microsoft training and test for certification.
Attend Microsoft Exchange email training to enhance the level of administration and
support to the City.
28
Agenda Item 11.a.
Page 33
Compete T-1 data circuit installation between Police Dept and Resource Center at
1Rancho Parkway (network extension).
0 Complete SWAT notification system using SMS via SMTP.
Work with Police Dept staff and contractors during Police Dept expansion project t
assure integrity of IT resources.
Work with vendors as necessary to complete implementation of the SLO County
Regional CAD Integration project.
• Install additional network daps to support mobile Live -Scan equipment, ID Badge
system relocation, and expanded network printing.
Install Truck -Tracker network application to be utilized by Police Dept staff and City
Fleet Maintenance.
29
Agenda Item 11.a.
Page 34
06-11ROY
(A C,
:O:�
A.
IN ORPORAirab ■
k .n. Lir 10, 1 9 1 1
MANAGEMENT REPORTING SYSTEM
MID -YEAR
July 1.2007 - December 31. 2007
FUND: GENEF AL FUND
DEPARTMENT: POLICE
Mid -Year Accomplishments
Crime Activity - FBI Index Crime rate for the City of Arroyo Grande continues at
about 30% below the National crime rate and about 30% below the State crime
rate for cities of similar size.
Customer Service - Completed a thorough review of service levels to the public
Including staffing, follow up activities, correspondence and image enhancement.
Customer Service - Obtained customer service feedback through the Employee,
Volunteer and Advisory Council surreys. Attended and spoke on behalf of the
AGPD and customer er service at numerous service groups and organizations
including the pillage Improvement Association, Rotary and Kiwanis.
• Employee Recognition - Recognized ed AGPD employees both formally and
informally during this period for internal and external customer relations. This
included Police Department Employee of the Year, Officer of the Year, Reserve
Officer of the Year, City Employee of the Year and "Honorary Police Employee of
the Year„ recognizing two external city employees for their contributions to the
Police Department team.
Expectations - Completed a "Management Expectations' questionnaire in order to
solicit feedback from organization members on what they expect from their Chief
of Pol ice.
Expectations -- Developed and presented a comprehensive "Supervisory
Expectations" directive and a general "Expectations" directive for all employees
that focused on many professional and ethical issues.
30
Agenda Item 11.a.
Page 35
Organizational Change - Developed, and continue to develop, working "Focus
Groups" to address the issues revealed in the employee surveys and
organizational assessment.
Department Meeting - Held a Department Meeting to introduce the visioning
process and hover the surveys will lead to specific goals and objectives.
Key Issues 1 Work Efforts In Progress
Cyber Crime Child Pornography — The AGPD has taken the lead in developing
the technological skills necessary to address child pornography on the internet as
it relates to suspects and victims in the City of Arroyo Grande. Investigations are
currently in progress and arrests are anticipated in the near future.
Goals and Objectives - A police department multi-year Goals and Objectives Plan
is close to being finalized, which has been developed with input from all
department stakeholders through the survey process.
Fleet Leasing Reduction n Program - The department is currently developing a
proposed fleet leasing reduction program that would provide for a smaller, more
efficient and better -equipped police fleet.
Upgraded Radio Systems - The department is continuing to upgrade the radio
communications system.
Facility Expansion Study - The department is continuing the process of a police
facility expansion feasibility study regarding current and future building needs.
Cyber Neighborhood Veatch - The department has been collecting email and
home addresses of community members in order to email time sensitive safety
related and crime prevention information directly to a citizen's home.
Citizen Academy Volunteers - The volunteer program has expanded by eight
members that graduated from the 2006 Citizen's Academy.
37
Agenda Item 11.a.
Page 36
/pRROy�
INCORPORATErn
c9
! MANAGEMENT REPORTING SYSTEM
0
,4/fORNP
MID -YEAR
July 1,2007 - December 31. 2007
FUND: GENERAL FUND
DEPARTMENT: ENT: BUILDING & FIRE
DIVISION: FIRE AND EMERGENCY SERVICES
Mid -Year Accomplishments
Incident Response Statistics:
e
!Vote: Out of 930 incidents, 173 were AutolMutual cif incidents.
Assisted in the completion of the User Fee Study, which was approved by City
Council. This will result in a fee increase to assist in covering the operations dost of
the Fire and Emergency Services Division.
During this reporting period $169,377 has been invoiced for cost recovery and
$36,872 has been recovered reimbursed.
Apparatus
The Division took deliverer of a new 2007 Pierce fire engine.
Two fire engines, a 1984 Van Pelt and 1996 Hi -Tech, were declared surplus for
consignment and sale.
32
Agenda Item 11.a.
Page 37
Amount
Medical
536
Fire
7
Vehicle Accidents
4
Hazardous Conditions
3
Other
233
Total Incidents
930
!Vote: Out of 930 incidents, 173 were AutolMutual cif incidents.
Assisted in the completion of the User Fee Study, which was approved by City
Council. This will result in a fee increase to assist in covering the operations dost of
the Fire and Emergency Services Division.
During this reporting period $169,377 has been invoiced for cost recovery and
$36,872 has been recovered reimbursed.
Apparatus
The Division took deliverer of a new 2007 Pierce fire engine.
Two fire engines, a 1984 Van Pelt and 1996 Hi -Tech, were declared surplus for
consignment and sale.
32
Agenda Item 11.a.
Page 37
Eme[gency ELeparedness
Designed the layout of the Emergency operations Center (EOC) and designed a
facility layout for E C activation. Purchased laptops and printers for the E C,
Haps consisting of street layout, severer lines, grater lines, drainage lines, property
layout, aerial photo and surrounding communities have been purchased, laminated
and hung for quick and easy access. Purchased and stored supplies for each
Section. Identified the need for additional phone lines. Purchased hand-held
radios specifically for use in the EC.
Over gg of the city staff have been trained to Tier 1 National Incident
Management Systems N I S requirements. The city of Arroyo Grande is now
NIM'S Tier 1 compliant.
Grants
Arroyo Grande Police and Fire Departments have collaborated on grants that
benefit each organization.
Established a Grants Planning Committee with Grover Beach and Oceano Fire
Departments and conducted planning meetings to set priorities for a regional grant
application and priorities for station applications.
Joint Fire services
A revised Management, Administrative and Training services Agreement was
approved and adopted on July 1 between the Cities of Arroyo Grande and Grover
Beach. This Agreement continues to provide Fire chief services to the City of
Grover Beach. Added to the agreement is services provided by the new Battalion
Chief for training of both agencies and assisting in the management and
administration of the Grover Beach Fire Department. The Fire Oversight
Committee continues to meet bi-monthly.
On July 1 the City entered Into a Public Safety Equipment Sharing Agreement with
the City of Grover Beach and the oceano Community Services District. Sharing
fire safety equipment is beneficial to the health, safety and welfare of the residents
within each jurisdiction.
Joint committees were formed as a result of the revised Management,
Administrative and Training services Agreement. They include Apparatus,
Equipment Purchasing, Grants, Recruitment, Standard Operating Guidelines, Pre -
re Plans, and Training.
Negotiated a proposed agreement with the Oceano Community Services District to
provide them with training and Fire Chief and Battalion Chief services.
33
Agenda Item 11.a.
Page 38
The Five Cities Reserve Firefighter Program was developed and implemented
within the Arroyo Grande, Grover Beach, and Oceano Fire Departments with the
goal of promoting cross -staffing opportunities to the reserve firefighter ranks within
all three organizations.
Proposed and obtained Council approval of a revised Compensation Flan for the
Reserve Firefighters. The City of Grover Beach and Oceano. Community Services
District did the same so that all Reserve Firefighters in the Five Cities Reserve
Firefighter Program will be paid the same wage. This was implemented January 1,
2008.
Emphasis has been enhanced on developing and revising Standard Operating
Guidelines S G to reflect the changes resulting from hiring a new Battalion
Chief and developing the new Five Cities Reserve Firefighter Program. The Sots
have also begun to reflect the inclusion of the oceano Fire Department,
specifically in the training and response areas.
Pre -fire planning has become a top priority for the Arroyo Grande, Grover Beach
and Oceano Fire Departments. General criteria have been developed for the
types of occupancies. Target hazards have been identified in each jurisdiction.
Programs
The Fourth of July Safe and Sane Fireworks celebration was a success. Sic non-
profit organizations were issued permits to sell Safe and sane Fireworks providing
$3,540.00 to the General Fund. The non-profit organizations will benefit from the
revised Fireworks Ordinance that was adopted by City Council in May 200 7.
The Annual Weed Abatement Program was successfully coordinated by the
Executive Secretary with the assistance of the Neighborhood Services Division.
Reviewed the current Fire Chaplain Program and have researched similar
programs than have been implemented at other fire agencies.
Researching the development and implementation of a Public Access Defibrillation
(PAD) Automatic Eternal Defibrillation (AED) Program. This program would
provide defibrillators in City of Arroyo Grande buildings and the Clark Center to be
used in case of a cardiac emergency. Possible funding sources are being
identified.
Rartruitment
Recruitment for the new full time Battalion Chief position was completed in
September and Rini Heath has been appointed the neer Battalion Chief sharing his
responsibilities between the City of Arroyo Grande and the City of Grover Beach.
34
Agenda Item 11.a.
Page 39
Recruitment to fill a vacant full time Fire Engineer position was completed in
December and Devin McLean has been appointed the neva Fire Engineer.
The first recruitment for Deserve Firefighters for the neer Five Cities Reserve
Firefighter Program began in December.
Training
Daily crews provided station tours, school presentations, and local business
presentations to over 600 children and adults during this period. The Division has
successfully coordinated two quarterly blood drives with the United Blood Bank.
Staff continues to train daily and weekly with the Grover Beach and Oceano Fire
Departments. Division members attended classes and schools that allowed the
Department to maintain skills and certifications, and to meet local, regional, and
State standards.
The first Professional Development training was delivered to Arroyo Grande,
Grover beach and Oceano fire personnel. David (lathe instructed them on
"Leadership Challenge."
Key Issues Work Efforts In Pro -gross
Continue tracking cost recovery fees specifically for strike team reimbursements.
• Continue providing Fire Chief and Battalion Chief services for the City of Grover
Beach.
Continue to participate in the recruitment process for Reserve Firefighters with the
City of Grover Beach and Oceano, Community Services District for the Fere Cities
Reserve Firefighter Program.
Continue writing S Gs that will apply to both Arroyo Grande and Grover Beach
Fire Departments.
Continue to work on pre -fire plans with Grover Beach and Oceano Fire
Departments. A format will be chosen for the pre -fire plans and a time frame in
which each target hazard will need to be completed.
Design and implement an ID card system for city employees and the Emergency
Operations Center.
Provide training to individual departments on their functions in the Emergency
Operations Center.
35
Agenda Item 11.a.
Page 40
1IMS Tier 2 training will be conducted in 2008. Recently released IIS Guidance
is being reviewed for City of Arroyo Grande impact.
Continue reviewing the latest Department of Homeland Security DHS) grant
guidance for the Police and Fire Departments.
Continue to provide grant administration and application for additional grants.
o The Grants Planning Committee will submit applications as soon asg uidelines and
federal register have been published.
o Continue Public Access Defibrillation(PAD) Automatic External Defibrillation
AE Program. Program guidance and training documents need to be developed.
The brand f AED needs to be determined. Funding sources need t identified.
dentified.
Complete the revision of the Fire Chaplain Program,
o Delivery of the second Professional Development training with Arroyo Grande,
Grover Beach and Oceano fire personnel will be held In February with other
presentations on a quarterly basis.
3s
Agenda Item 11.a.
Page 41
�CORPORATE pRROy�
C,
13
"IULY 10. 1911 MANAGEMENT REPORTING SYSTEM
OF It
MID -YEAR
July 1. 2007 - December 31. 2007
FUND: GENERAL FUND
DEPARTMENT: BUILDING & FIRE
DIVISION: BUILDING AND LIFE SAFETY
Mid -Year Accomplishments
Recruitment for the Permit Technician position was completed and Any Courtney
has been appointed the new Permit Technician for the Division of Building & Life
Safety.
The new State codes have been adopted, which incorporate the International
Building & Fire Codes. The City has also adopted the International Property
Maintenance Code to assist in code Enforcement activities for existing structures.
These codes became effective January 1t.
The Fire Sprinkler Ordinance was adopted by City Council and implementation
started January 1stfor all new buildings greater than 1 000 square feet.
Assisted in the completion of the laser Fee Study, which was approved by City
Council. This will result in a fee increase to corer the operations cost of the
Building Division.
A updated version of our Permitting software has been installed and is functioning
well. This newer system is allowing staff to route plans and document this routing
between the Community Development and Public Works Departments, allowing
greater continuity between City Departments and provides better customer service.
This new software also has an inspection module that helps us track all the
inspections for each project.
9 Plan review is still at the current level with a maximum 2 -week turn around.
37
Agenda Item 11.a.
Page 42
The City is now offering same-day inspection if called in the morning before a
certain time. Inspections are being performed by staff and aided by the contract
Building Inspector, F ustin Messenger, through a contract with JAS Pacific.
Major projects that have been completed include:
o Applebee's Restaurant, located in the Spencer's center on E. Grand Avenue,
received its final inspection and certificate of occupancy.
o DeBlau ll's office building with parking below in the East pillage Plaza has been
completed and is partially occupied at this time.
o The -lot subdivision for S & S Homes located off Farroll Avenue has been
completed.
o The Le Point Street mixed-use project for Fairway Development is finished.
o The Timmons mixed use structure located on Bridge street is completed and
partially occupied.
o The Coast Hilfs Federal Credit Onion building located in the K- hart Center is
completed and occupied.
o City Hall entrance remodel has been completed.
o The classroom addition to church of Jesus Christ of Latter -Day Saints on
South Traffic Way Extension was completed. This included retrofitting the
entire building with fire sprinklers.
Key Issues I Work Efforts 1n Prorees
Progress continues on the following projects:
The Ocean Oaks senior Condominiums located on Camino Mercado is nearing
completion and is partially occupied.
The Hampton Inn Hotel & suites has been permitted. It is currently in the
framing stages and work is progressing quickly.
o The new Chili's Restaurant, taurant, which is at the location of the old ignettcts
Restaurant, is currently under construction.
The Shell buildings located at 1399 E. Grand Avenue, adjacent to and a portion
of the Longs Shopping Center have been permitted. Construction is expected
to begin soon. One is a ,multi -tenant retail and the other building is slated for
use by SESLC.
Plans are currently being reviewed for two new buildings in the Fire Cities
Shopping Center that are multi -tenant retail buildings.
Plans are currently being reviewed for more attached residences on Brisco
Road as well as adjacent to the Hospital on Fair Oaks Avenue.
A new 4 -unit office building is currently under construction at 20 Traffic Way.
cellular tomer disguised as a church bell tower is currently under construction
t St. Barnaas Episcopal Church on Trinity Way.
33
Agenda Item 11.a.
Page 43
o
INCORPORATE
� �Y 10 1911 . MANAGEMENT REPORTING SYSTEM
-J, I I owl ImIki
July 1. 2007 - December 31. 2007
FUND: GENERALFUND
DEPARTMENT: lEI T: UILDING & FIRE
DIVISION: NEIGHBORHOOD OOH SEF VICES
Mid -Year Accomplishments
An effective communication level has been built throughout the Various city
departments and the Neighborhood Services office.
Case numbers have increased again from an average of 15-20 calls per month to
20-25.
Public education has continued with the dispersal ofhandouts and door bangers.
• Enhanced tracking systems have been initiated to improve coordination of efforts
n problematic cases.
Interaction with new businesses has been a key step in informing them of the City
Municipal code. Contacting the business owners at the first opening of their store
has made the explanation of issues such as un -permitted signs and window
advertising much clearer and easier to comprehend.
Staff has been successful in the abating of a number of hazardous and diseased
trees in the city.
e Use of the City's G.I.S. system has greatly improved ability to locate and mitigate
problem areas in the city.
Agenda Item 11.a.
Page 44
0 Case Statistics.
80 Signage
27 Dight of Way Obstructions
8 Garage Conversions
18 Solid Waste Cases
16 Vegetation Management
g Ile h i cl a Storage
Noise
Nuisances
8 Animal Keeping
Illegal Construction
3 Business Licensing
146 total cases d rina this period
Key. Issues 1 Work Efforts In Progress
Creating and distributing information pamphlets to new businesses and property
owners to better educate the city of the more dominate violations that occur in the
city and to request correction in an informative gray rather than demanding it in a
forceful manner.
Other issues to be acted on proactively are signage cases, such as temporary
banners and illegal garage conversions.
Other methods of public education are being explored to better inform our
community of specific life safety issues and why they are of concern.
The Police Department has taken over nearly all vehicle related cases with 4
cases closed within the 6 months on a voluntary basis.
40
Agenda Item 11.a.
Page 45
/pRROY�
INC
Z;
* ���°°�pEl • MANAGEMENT REPORTING SYSTEM
IroaN�P
MID -YEAR
July 1. 2007 - December 31.2007
FIND: GENERAL FUND
DEPARTMENT: PUBLIC WORKS
i s
DIVISION: PUBLIC WORKS ADMINISTRATION N ENGINEERING
Mid -Year Accomplishments
Submitted an application to Caltrans for sidewalks on Crown Hill Road near Paulding
Middle School for consideration under their Safe Routes to School grant program.
Obtained approval from Caltrans on a Transportation System Analysis and Evaluation
Report for the relinquishment of State Route 227.
Tested an alternative fuel vehicle provided by APCD as potential future purchases/
replacement of City vehicles.
KeyIssues 1 Work Efforts In Progress
Preparing the Brisc Halcy n 1 1 Project Approval and Environmental Determination
(PAIED) Report.
Preparing a Desalination Feasibility Study.
• Continue processing the State Route 227 Relinquishment.
uishment.
Preparing a Tree Brochure to be rade available to the general public.
41
Agenda Item 11.a.
Page 46
JpRROyO
� cINCORPORATED9
" MANAGEMENT REPORTING SYSTEM
,4./f ORN%P
MID -YEAR
July 1. 2007 - December 31. 2007
FUND: GE f ERAL FUND
DEPARTMENT: PUBLIC WORKS
DIVISION: STREETS
Mid -Year Accomplishments
35 Concrete Replacement projects.
Completed annual cleaning of Tally Ho and Meadow creeks.
* Continued with asphalt grinding and paving of City reads 9,000 sq. ft.).
Key Issues / Work Efforts In Progress
• Continuing with concrete replacement.
• Asphalt grinding & repairs to roads.
Annual sign program.
Painting red curbs, sign poles, and pavement markings citywide.
Refurbishing several pieces of equipment in-house.
Completing shoulder of the road Beautification Project on El Camino real.
42
Agenda Item 11.a.
Page 47
ApRROyO
� cA
JULY 10, 1911
�•m MANAGEMENT REPORTING SYSTEM
,�/FORNP
MID -YEAR
July 1. 2007 - December 31. 2007
FUND: GENEl AL FUND
DEPARTMENT: T: PUE LIC WORKS
S
DIVISION: AUTOMOTIVE SHOP
Mid -Year Accomplishments
At Mid -bear, the Automotive Shop has carried out the following services:
Services (lube, oil, filter, safety insp.)
115
Tune Up {scope, spark plugs, rotor, cap
2
General (mechanical i.e.} pumps, cables)
51
Electric (starter, alternator,wiring)
2
Brake Repair
31
Warranty Repair
36
Transmission Service and Repair
12
Tire Services (replacing, mount & balance)
3
Tire - epair
32
Pre Trip Check
85
Smog Certificates
13
Key Issue 1Work Efforts I n Progress
Biennial Inspection of Terminal (BIT) as per the State of California and California
Highway Patrol.
Continue to maintain the City fleet at a high level of reliability and safety.
is Annual Underground Storage Tank Inspections.
43
Agenda Item 11.a.
Page 48
04„00pRROYOC
9 FINCORPORATEDm
”toll
MANAGEMENT REPORTING SYSTEM
Ly 10.
F:OR P
MID -YEAR
July 1. 2007 - December 31. 2007
FUND* GENERAL FUND
DEPARTMENT: PUBLIC WORKS
DIVISION: CAPITAL IMPROVEMENT PROGRAM
Mid -Year Accomplishments
Completed construction of the Elm street Park Shelter
e Completed restriping of Rancho Parkway.
Completed construction of the Frisco Road Pavement Rehabilitation.
• Completed construction of the PG&E Parc & Ride Lot.
* Completed design of the Poplar Basin Drainage Improvements.
Key Issues Work Efforts In Progress
Started construction of the Farroll Avenue Pavement Rehabilitation project.
Performed competitive bids and awarded a construction contract for the
Mason/Nelson ADA ramps.
Performed competitive bids and awarded a construction contract for the East
Grand Avenue Microsurfacing project.
Continuing design of the Janes Way Rehabilitation project.
* Started design for the Fair Oaks Halcyon Traffic signal.
• Solicit bids for the Traffic Way Restriping project.
44
Agenda Item 11.a.
Page 49
�pRROy�
� c9
INCORPORATE
XLY 10, 10 11
+'r MANAGEMENT REPORTING SYSTEM
,4jFORNP
MID -YEAR
July 1, 2007 - December 31.L.2007
FUND: WATER FUND
DEPARTMENT: PUBLIC WORKS
DIVISION: WATER ADMINISTRATION
Mid -Year Accomplishments
• Completed Tri -Annual Lead/Cooper Sampling Program.
• Completed 172 Service Requests.
Completed 431 Service Orders/Open & Close.
Completed 170 USA Marking requests.
total of 28 single family homes and 66 mobile homes were retrofitted with low -flow
toilets/Enures.
Key Issues I Work Efforts In Pro -groes
• Begin Phase 11 Of the Water Conservation Program.
• Formed contract with the County of San Luis Obispo for Cross -Connection services.
• Yater/Severer Rate Study.
• Plumbing Retrofit Program Phase 1.
Agenda Item 11.a.
Page 50
�pRR0y0
� c9
F owonArz 2
*
JULY lop ^^ + MANAGEMENT REPORTING SYSTEM
C9�/FORN�P
MID -YEAR
July 1. 2007 - December 31. 2007
FMD: WATER FUND
DEPARTMENT: EI T: PUBLIC WORKS
DIVISION: UTILITIES WATER PRODUCTION
Mid -Year Accomplishments
e Pumped a total of 738 acre-feet of well water Jul 1't through December 318t.
Rewound Well No. 8 75 hp meter.
e Completed biannual well motor maintenance program.
Replaced three 3 deers on the Elim Street well house buildings.
Key Issues 1 Work Efforts In Progress
Completion of Well No. 10 and Design of Phase il.
o Well #7 Rehabilitation Project.
Obtaining additional groundwater supply from OCSD.
Agenda Item 11.a.
Page 51
�pRROINCOy�
F� c9
�
JULY 10, r MANAGEMENT REPORTING SYSTEM
c,4/Foft N%p
MID -YEAR
July 1. 2007 - December 31. 2007
FUND: WATER FUND
DEPARTMENT: PUBLIC WORKS
DIVISION: UTILITIES WATER ISTRI TI N
Mid -Year Accomplishments
entrs
Replaced ten 1 old water services citywide.
0 Replaced two 2 water rain valves.
Repaired four water main breaks.
Replaced five fire hydrants after they were damaged and knocked off.
0 Installed one 1 new crater service.
Completed dead End grater main flushing program.
0 Completed compound meter testing program.
Completed AirNacuum valve maintenance program.
Completed iter Pump/Meter maintenance program.
e Converted 62 water meters in Wildwood Punch t "touch read" meters.
Replaced one 1 Rancho Grande Booster Pump.
Rebuilt eight CLA-ALS.
Key Issues 1 Work Efforts In Pro cess
Farrell Avenue Water Main Replacement.
Reservoir No. 3/Reservoir No. 5 interconnection project.
Replace Brisco, Booster Pump/Rancho anch Grande Booster Pump.
7
Agenda Item 11.a.
Page 52
�CORPORATE pRROYp
Al. C9
YL
•
.
JULY �^ 1911 MANAGEMENT REPORTING SYSTEM
C%,
4 1
MID -YEAR
July 1. 2007 - December 31.2007
FUND: SEW FUN
DEPARTMENT: T: PUBLIC WORKS
KS
DIVISION: UTILITIES I SEWER 1AI TEI ANCE
Mid -Year Accomplishments
Completed Annual Sewer blain Cleaning Program (331,776 feet of sewer main was jet
rodded, cleaned and vacuumed out.
Completed the quarterly cleaning of lift stations 1-7.
Began the Fats, Oils & Grease (FOG) Program with inspections of commercial
businesses.
Completed the Notice of Intent to comply with the State hater Resources Control
Board Statewide General Waste Discharge Requirements for Sanitary Sever
Systems.
Key Issues 1 Work Efforts I n P r rens
CE Annual Report.
East Branch Street severer main lining project.
FOG Program.
* Fair Oaks severer main upgrade/replacement.
r ;�
Agenda Item 11.a.
Page 53
RO
INCORPORATE
JULY 10, I911
F
MANAGEMENT REPORTING SYSTEM
MID -YEAR
July 1.2007 — December 31. 2007
FUND. GENERAL FUND
DEPARTMENT: TMENT: PAD S, RECREATION AND FACILITIES
DIVISION: PA s
Mid -Year Accomplishments
Assumed maintenance of Parkside Park and retention basin.
All staff successfully completed I I S Training.
Staff assisted with the set up of the Elm St Carnival.
Worked with various volunteer groups, including Arroyo Grande In Bloom
and the Arroyo Grande Tree Guild on park maintenance projects.
Planted 2,300 square feet of new sod around the newly renovated El
Street BBQ area.
* Landscaped around well #10 at Equestrian Way and Deer Trail Circle.
* Assisted with Harvest Festival and Halloween Carnival activities.
Assisted Arroyo Grande Tree Guild planting trees and installing root
barriers at 122 Poole s.
Backflow prevention devices were tested for the required annual
inspection.
0 Turf renovation has started at Soto Sports Complex.
• Christmas decorations were placed throughout the City.
4
Agenda Item 11.a.
Page 54
Key Issues /Work Efforts In Progress
• Developing tree trimming plan and inventory system.
• Completion of annual tree pruning program citywide.
• Completion of Oro Park sidewalk and driveway repair t meet ADA standards.
• Complete A. D.A. improvements at Strother Park and Elan Park.
Construct improvements to the pillage Green.
50
Agenda Item 11.a.
Page 55
0p, Roy
FINCORPORATEOo
# .rxr 10. ,ani y
0
MANAGEMENT REPORTING SYSTEM
It -&I
MID -YEAR
July 1. 2007 - December 31.2007
FUND: GENERALFUND
DEPARTMENT: PA s, RECREATION EATI I Ir D FACILITIES
DIVISION: ECI E TI I ADMINISTRATION
Mid -Year Accomolishments
Completed II ID with the Lucia Mar School District and implemented a -neva "Bright
Futures" Childcare program at Margaret Harlce Elementary School.
a coordinated projects with Arroyo Grande In Bloom.
Hired a new Recreation Supervisor.
• Worked with Tree Guild on neer tree plantings along Traffic Way.
• Coordinated Harvest Festival events with the Harvest Festival Organizing Committee.
• Completed and distributed theWinter/Spring Activity Guide.
• Conducted grand opening ofthe newly renovated Elm Street BBQ Area.
Key Isueslrk Efforts Ire-Proress
* Continue working on plans for the pillage Green.
Apply for Green Tree For the Golden State Tree Planting funds.
Complete and distribute Summer Activity Guide.
Apply for Land and pater Conservation Funds.
Coordinate the Summer Concert Series with the VIA.
Complete ADA upgrades to Elm Street and Strother Park restrooms.
Agenda Item 11.a.
Page 56
/ppROINCYO
0
� ���Po,�E 7-
MANAGEMENT REPORTING SYSTEM
clFORN�P
MID -YEAR
J u ly 1. 2007 - December 37. 2007
FUND: GENERAL. FUND
DEPARTMENT: PARKS, RECREATION AND FACILITIES
DIVISION: GENERAL RECREATION
Mid -Year Accomplishments
Conducted the Sumrnr Playground Program at ElmStreet Park with an average of
55 children participating daily.
Conducted 17 field trips to local businesses as well as hosting 6 local business visits
to the Summer Playground Program.
Conducted Winter Break Program at Elm Street Park with an average of 20 children
participating daily.
The City of Arroyo Grande and Oman's Club Community Center has hosted 328
groups totaling nearly 10,931 participants,
The Elm Street Community Center has hosted 289 groups and approximately 7,557
participants.
Key issueslWork Efforts In -Progress
All staff will complete or re -certify in CPR and First Aid training this spring.
Activities for the Spring Playground Program are being scheduled.
Agenda Item 11.a.
Page 57
ROA. y�
� c9
• �^��°INCORPORATE MANAGEMENT REPORTING SYSTEM
C,4/iORN`P
MID -YEAR
July.1, 2007 - December 31. 2007
FUND: GENERAL FUND
DEPARTMENT: TMEr T: PARKS, RECREATION EATI I AICD FACILITIES
DIVISION: F E -SCHOOL
Mid -Year Accomplishments
Conducted the Summer Pre -School Program with an average of 22 children
participating in two three-week sessions.
The Fall Pre-school Program operated with 63 students.
e Took 1 preschoolers on a field trip to Holloway's Tree Farm in December~.
Key IssueslWork Efforts In -Progress
All staff will complete or re -certify in CPR and First Aid training in spring.
53
Agenda Item 11.a.
Page 58
MANAGEMENT REPORTING SYSTEM
MID -,YEAR
July 1. 2007 - December 31.2007
FUND: GENERAL FIND
DEPARTMENT: PARKS, RECREATION E TION AI FACILITIES
DIVISION: SPECIAL PROGRAMS
AMS
Mid -bear Accomplishments:
Held a Summer Carnival on August 101h with 220 children participating.
Conducted the Holiday Decorating Contest for business and residences.
Worked with Hancock College Cross country team and the Arroyo Grande Lions
Club to organize the 30tn Annual Turley Trot Fun Faun with 242 participants.
Organized Harvest Festival Activities including the Diaper Derby and Chili -Fest.
The noon -time sports program for the Lucia Mar Unified School District successfully
operated at the Harloe Elementary school.
The Parent's Night Out program ran successfully this fall with an average of 2
children participating on the first Friday of each month.
The Preschool and Children In Motion programs participated in the Annual Holiday
Parade in the pillage on Sunday, November 25th,
Organized a variety of youth and adult contract classes including art, baton,
dancing, soccer, tennis, basketball, dog obedience and babysitting.
Completed the Summer Softball League with 59 teams.
Completed Sumner and Fall Adult Basketball Leagues.
Key Issues/Work Efforts In -Progress
The department is planning the Volunteer Banquet, the Annual Valent show and the
Annual Egg Hunt and Festival.
Organize and conduct the Mouth Wrestling Program.
Organize and conduct the Pinter Adult Basketball League.
Organize and conduct the Spring Adult Softball League.
5
Agenda Item 11.a.
Page 59
{
RO
INCORPORATE
M
JULY 104 1911
FO IfRt
FLAN:
DEPARTMENT:
DIVISION:
MANAGEMENT REPORTING SYSTEM
MID -YEAR
July 7, 2007 -
GENERALFUND
December 31, 2007
PARKS, RECREATION AND FACILITIES
CHILDREN IN MOTION
Mid -Year Accomplishments
Children in Motion completed another successful Summer Day Camp at Margaret
Harloe Elementary School. Approximately 100 children per day participated in a
variety Of activities including: 17 field trips, 5 guest speakers, and theme based
games, crafts and special events.
School Year Programs continue to be successful with average daily attendance of 3
at Branch Elementary, 75 Ocean View and 22 in the kindergarten program at the Elm
Street Community Center.
Staff completed an MOI. with the Lucia Mar School District and implemented a new
"Bright Futures" afternoon childcare program at Margaret Harl a Elementary School.
Daily attendance in the morning CIM program 1s 35. Approximately 80 children per
day participate in the Bright Futures Program.
Effective August 27, 2007, the children in Motion program implemented an hourly fee
increase from $2.70/$2.30 to $3.00 an hour. in addition, an annual fee of $25.00 per
child was established.
CIM continues to partner with the Economic Opportunity Commission (EOC) t0
provide reduced childcare rates for lower income parents. E C pays for eligible
families to participate. currently, 21 students utilize the E c attend Children in
Motion Sites.
Three weeks of Winter Camp were successfully completed this past holiday break at
Ocean View Elementary School with daily attendance Of 50-85 children per day.
55
Agenda Item 11.a.
Page 60
Kev Issues/Work Efforts In -Progress
00
Staff will be doing a complete review of all licensing requirements and insure that sites
are in full compliance with all rules and regulations
The Coordinator will discuss proper documentation techniques and discipline policies
at an upcoming staff meeting.
Staff will begin planning for the upcoming spring Break and Summer Programs in
February.
In April, all necessary staff will be completing re -certification for Fiat Aid and CPR.
Staff at Harloe will continue to work closely with the LMUSD to implement
improvements to the new afterschool program.
Agenda Item 11.a.
Page 61
INCORPORATE RROyO
�� c9
A.�Z
* ^^• 10, ppa^ • MANAGEMENT REPORTING SYSTEM
41 Oft
MID -YEAR
J u ly 1. 2007 - December 31. 2007
FU GENERALFUND
DEPARTMENT: T: PARKS, RECREATION EATION AID FACILITIES
DIVISION: ISION: CITIES YOUTH BASKETBALL LEAGUE
Mid -Year Accomplishments
ents
Registered 114 teams with over goo participants.
Coordinated with Niporno Recreation for game scheduling to include an
additional 22 team with 160 placers.
Instituted computer scheduling of games: resulting in savings of 20 staff
hours.
0 Prepared game schedules for the league season o games).
Recruited, trained and assigned 57 referees.
0 Collected $62,769 in fees.
0 Completed team and individual photos.
0 Completed the fiat 375 games of the season.
Key Issues I Work Efforts In Progress
Preparation of the end of the season tournament schedule.
Distributing photo packets.
Continuing preparation of referee schedules.
Preparation for tournament finals and awards ceremony.
57
Agenda Item 11.a.
Page 62
/`0.ROy�
�� C9
yowonnte o
* "LY 10 ,^, + MANAGEMENT REPORTING SYSTEM
C,'j/F
Oft
N`P
MID -YEAR
July 1.2007 - December 31. 2007
FUND: GENEF AL FUND
DEPARTMENT: TMENT: PARKS, RECREATION EATIOI AND FACILITIES
DIVISION: SOTO SPORTS COMPLEX
Mid -Year rn lishments
Hosted, prepped fields and provided maintenance for the tournaments of: 4th f
July, A.A. Sober, Lair Enforcement, and Arroyo Grande Valley Little League
Sectionals, Soccer Clinics and two Babe Fruth Baseball Tournaments.
Used new top dresser to renovate ll eda olunteer Fields.
0 Repaired and bans in basin.
0 Replaced ballasts in tennis court lights.
0 Performed over 125 field preparations for softball, soccer and football games.
Renovated the irrigation system on Pilg and Campbell Fields.
Key Issues I Work Efforts In Progress
Complete renovations to Pilg, Campbell, Porter, Dan Roberts and Santos turf
areas.
* Coordinate with youth sports groups to replace outfield fencing on Porter Field.
Agenda Item 11.a.
Page 63
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 11.a.
Page 64
o
7
INCORPORATED
rM MEMORANDUM
► JULY 10. 1911 ,
To: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR of FINANCIAL SERVICES
SUBJECT: CONSIDERATION OF MODIFICATION TO CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT FOR THE
LOCAL MISCELLANEOUS MEMBERS AND LOCAL POLICE
MEMBERS
DATE: FEBRUARY 26, 2008
RECOMMENDATION:
It is recommended the City Council:
Approve and authorize the Mayor to sign on behalf of the City the attached
Resolution of Intention to amend the contract with the California Public
Employees' Retirement System for local Miscellaneous members and local
Police members; and
Introduce the attached Ordinance amending the contract with the California
Public Employees' Retirement System for local Miscellaneous members and
local Police members.
FINANCIAL IMPACT:
This modification will Increase the Present Value of Benefits under the contract
"contract" for the Miscellaneous plan by $1,102,900, increase the Accrued Liability
under the contract by $544,880, and increase the Total Employer Rate by 2.350%.
The increase in the Present Value of Benefits under the contract "contract" for the
Police plan will be $576,344, the Accrued Liability will increase by $560,844 and the
Total Employer Rate will Increase by 5.103%.
The increased cost for the enhanced benefits is approximately $220,000. However, the
current Memorandum of Understanding (MOU) with the Service Employees
International Anion SEIU and the Side Letter of Agreement with the Arroyo Grande
Police Officers' Association AGPoA states that employees will pay 2.5% of the
employee's PERS contribution rate and the City will pay the remaining percentage
(5.5% for SEW and 6.5% for AGP A . Therefore, the employees will be paying
approximately $156:000 of the increased cost and the City will be piecing up the
remaining $66,000. The PERS actuarial for Police carne in 1.4% higher than what staff
estimated when preparing the FY 200 8-09 budget. An additional appropriation of
Agenda Item 11.b.
Page 1
CITY COUNCIL
MODIFICATION TO CALPERS CONTRACT
FEBRUARY 26, 2008
PAGE 2
$341000 is being requested for the cost of the enhanced benefits, the remaining
increase was included in the Fly 2008-09 budget.
BACKGROUND:
The City contracts with the California Public Employees' Retirement System (PERS) to
provide retirement benefits to employees. The retiree benefits are based on the number of
years of service, the employee earnings, and the benefit provisions of the contract.
During negotiations with both the SElU and AGPoA, an agreement was reached in which
both groups would receive enhanced PERS retirement benefits. The City agreed to
provide the 3% at 50 retirement plan for Police safety employees and the 2.5% at 5
retirement pian for Police non -safety and local miscellaneous employees provided that: 1
the specified plan is still available on the implementation date; 2 there is no requirement
for the City to establish and maintain a two-tier retirement program as a result of State
legislative or initiative action, which had been approved by the effective date of the
implementation of this plan. This would require the City in the future to maintain separate
retirement plans for employees by providing a plan to existing employees that will no
longer be available for future newly hired employees; and 3 employees will pay 2.5% of
the employees PERS contribution rate.
All of the provisions listed above have been met and the City is going forward with its
agreement to amend the current PERS contracts to the enhanced benefits.
ANALYSIS of ISSUES:
This action implements provision 16.1A of the current Iola between the SEW and the
City of Arroyo Grande and provision 4AA of the current Side Letter of Agreement with the
AGPoA and the City. Currently, the PERS 2% at age 55 -retirement plan is provided for
miscellaneous members, with the city paying the % employee contribution for PERS
retirement. Effective July 1, 200 8, the 2.5% at 55 PERS retirement plan will be provided to
miscellaneous members with the employee contribution rate Increasing to . The
employees will pay 2.5% of the employee contribution rate with the City paging the
remaining 5.5%.
The PEES 3 at age -retirement plan is currently provided for police members, with the
City paying the 9% employee contribution for PERS retirement. Effective July 1, 2008, the
3 at 50 PERS retirement plan will be provided to police members. The employees will
pay 2.5% of the employee contribution rate with the City paying the remaining 6.5%.
The first step in the PERS contract modification process is to introduce for first reading an
ordinance to modify the contract and adoption of a resolution of intention to amend the
current contract. The attached resolution is supplied by PERS, and must be adopted as
prepared by the PERS agency. The ordinance in the City's format has been developed t
meet the City's requirements from a sample provided by PERS.
Agenda Item 11.b.
Page 2
CITY COUNCIL
MODIFICATION TO CALPERS CONTRACT
FEBRUARY , 2008
PAGE
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
- Approve staff recommendations by introducing an Ordinance and adopting
the Resolution f Intention to amend the PERS contract;
Do not approve staff recommendations, which would require staff t
renegotiate the approved MOU with S I U and the AGP A;
Provide direction to staff.
ADVANTAGES:
ANTAGES:
By approving the recommended enhanced benefits, the City will be honoring the
agreement reached with the respective unions. In addition, the enhanced benefits will
make the City more competitive with the surrounding cities when recruiting new
employees.
DISADVANTAGES:
The only disadvantage identified in relation to this recommendation is an increased cast
to the City and employees.
ENVIRONMENTAL REVIEW:
No environmental review is required for this iter.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The
Agenda and report were posted on the City's website on Friday, February 22, 2008. No
public comments were received.
Agenda Item 11.b.
Page 3
RESOLUTION of INTENTION
To APP o E AN AMEN MENT To CONTRACT
BETWEEN THE
BOARD of ADMINISTRATION
CALIFORNIAPUBLIC EMPLOYEES' RETIREMENT EMENT SYSTEMA
AND THE
CITY COUNCIL
CITY of ARROYO GRANDE
WHEREAS, the Public Employees' Retirement Lav permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of
its intention to approve an amendment to said contract, which resolution
shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide section 21354.4 (2.5% @55 Full and Modified
formula for local miscellaneous members and Section
21362.2 3% @ 50 Modified formula for local police
members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amend hent being
attached hereto, as an 'Exhibit" and by this reference made a part hereof.
Presiding Officer
Title
Date adopted and approved
(Amendment)
CON -302 (Rev. 4196)
Agenda Item 11.b.
Page 4
CaIPERS
California
Public Employees" Retirement system
EXHIBIT
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 ent 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 emended effective September 16,
1966, May 2 , 1973, July 4,1980, June 2 , 1988, February 12, 1999, October 1 b, 1999,
September 2, 2000# January 4, 2002# July 2,, Zoo, December 31, 2004 and June 30,
2006 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 en from said contract as executed
effective .June 30, 200 6, and hereby replaced by the following paragraphs
numbered 1 through 14 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; age 55 for local fire
members and age 50 for local police members.
Agenda Item 11.b.
Page 5
/'k r Y r r l
QE GO:
S .
1 il
1 "*1
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.
�. 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);
i
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
. In addition to the classes of employees excluded from membership b
said Retirement Law, the following classes of employees shall not become
members bers of said Retirement System:
a. EMPLOYEES COMPENSATED ON AN HOURLY ASIS; AN
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 in
employment before and not on or after the effective date of this
amendment to contract shall be determined in accordance with Section
21354 of said Retirement Lair subject to the reduction provided therein for
Federal Social Security 2 at age 55 Modified and Full).
. The percentage of final compensation to be provided for each year of
credited prior and, current service as a local miscellaneous member in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.4 of said
Retirement Law subject to the reduction provided therein for Federal
Social Security 2.5% at age 55 Modified and Full).
Agenda Item 11.b.
Page 6
PL E A'
D
i i 1
0
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Laver
subject to the reduction provided therein for Federal Social Security 3% at
age 50 Modified).
. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Laver
subject to the reduction provided therein for Federal Social Security 3% at
age 55 Modified.
. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21222.1 (One -Tune 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. Section 20965 (credit for Unused Sick Leave).
C. Section 21024 (Military Service Credit as Public Service).
d. Section 21027 Military Service Credit for Retired Persons).
e. Section 200 42 (one -bear Final Compensation).
f. Section 21548 (Pre -Retirement option 2W Death Benefit) for local
miscellaneous members.
10. 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 a
provided in Government Code Section 20834.
11. 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.
Agenda Item 11.b.
Page 7
12. 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 fined 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 costs of
the periodic investigation and valuations required by law.
3. Contributions requi
'1red of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' 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.
14. 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 be4ffective on the day of {
BOARD OF ADMIISTATI CITY COUNCIL
PUBLIC EMPL YEEs' E1I MEI T SYSTEM CITY OF ARROYO GRANDE
BYC-03� BY
LORI I MCGAF TLAI D IEF PRESIDING G F lb F
EMPLOYER SERVI DIVISION
PUBLIC EMPLOY 'RETIREMENT ETIF EMEI T s STEM
{
Id
vitne e
Atte
Clerk
AMENDMENT EF # 0545.
PERS-CON-702A Rev. 10105 )
Agenda Item 11.b.
Page 8
ORDINANCE N.
N ORDINANCE OF THE CITY COUNCIL OF THE CITY
F ARROYO GRANDE AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
NI
PUBLIC EIIPL YEES1 RETIREMENT SYSTEM FOR
LOCAL MISCELLEAN US MEMBERS AND LOCAL
POLICE MEMBERS
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
f the California Public Employees' Retirement ent system to provide retirement benefits t
the employees; and
WHEREAS, EAS, the City of Arroyo Grande wishes to adopt the previsions of Section
21854.4 2.5% @ 55 Full and Modified formula) for local miscellaneous members.
WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section
21882.2 3% @ 50 Modified formula) for local police mem ers.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Arroyo
Grande, as follows:
1. That an amendment to the contract between the City Council of the City of
Arroyo Grande and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, a copy of said amendment being
attached hereto, marked "Exhibit", and by such reference made a part hereof as
though herein set out in full.
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.
3. This Ordinance shall take effect on April 28, 2008.
. A summary of this Ordinance shall be published in a newspaper published and
circulated in the City of Arroyo Grande at lust five 8 days prior to the City
Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full tent of the proposed Ordinance shall be posted in the office of the
City Clerk. Within fifteen 1 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 City Clerk shall post a certified copy
f the full tent of such adopted Ordinance.
Agenda Item 11.b.
Page 9
ORDINANCE NO.
PAGE 2
On motion of Council Member
and on the following roll call Grote, to grit:
AYES:
NOES:
ABSENT:
, seconded by council Member
the foregoing Ordinance was passed and adopted this
day of 2008.
Agenda Item 11.b.
Page 10
ORDINANCE NO.
PAGE
TONY Y FEF A A, MAYOR
ATTEST:
KELLY WETMO E, CITY CLERK(
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 11.b.
Page 11
%e-.
CaIPERS
California
Public Employees' Retirement system
400, ...... .............
EXHIBIT
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, 19 73,1 .July 4 , 1980,1 .June 24, 1988, February 12 9 1 ggg, October 15 , 1999,
September 28, 2000, ,January 4, 2002, ,July 2, 2004, December 31, 2004 and ,June 30,
2006 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 dune 30, 200 6, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Laver shall have the meaning as defined therein
unless otherwise specifically provided. "Normal nal retirement age' shad
mean age 55 for local m scellaneou's members; age 55 for local fire
members and age 50 for local pollee members.
Agenda Item 11.b.
Page 12
2. Public Agency shall participate in the Public Employees' Retirement
System from and after ..duly 10, 1964 raking its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees" Retirement Lair except such as apply only on erection of a
contracting agency and are not provided for herein and to all amendments
to said Lair hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
�. 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).
. 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 ent System:
a. EMPLOYEES COMPENSATED ON AN HOURLY ASIS; AND
b. ELECTED OFFICIALS.
. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after the effective date of this
amendment to contract shall be determined in accordance with Section
21354 of said Retirement Laver 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 pr*or and current service as a local miscellaneous member in
employment on or after the effective date of this amendment to contract
shall be determined in accordance with Section 21354.4 of said
Retirement Laver subject to the reduction provided therein for Federal
Social Security 2.5% at age 55 Modified and Fall.
Agenda Item 11.b.
Page 13
. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
subject to the reduction provided therein for Federal social Security 3% at
age 50 Modified).
. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Lai r
subject to the reduction provided therein for Federal social security 3% at
age 65 Modified).
9. Public Agency elected and erects to be subject to the following optional
provisions:
a. section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
b. section 20965 (Credit for Unused Sick Leave).
C. section 21024 (Military Service Credit as Public service).
d. section 21027 Military service Credit for Retired Persons).
e. section 20042 (One -bear Final Compensation).
f. Section 21648 (Pre -Retirement Option 2W Death Benefit) for local
miscellaneous members.
10. 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 20634, and
accumulated contributions thereafter shall be held by the Board a
provided in Government Code section 20834.
11. 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.
Agenda Item 11.b.
Page 14
12. Public Agency shall also contr*bute to said Retirement System as follows:
a. A reasonable amount, as fined 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 laver.
b. A reasonable amount, as fined 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 costs of
the periodic investigation and valuations required by lair.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Lair, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. contributions required of Public Agency and its emnployees 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 I CITY COUNCIL
PUBLIC EMPLOYEES' EES' RETIREMENT SYSTEM CITY OF ARROYO GRANDE {
BY BY '
LORI MCGAIT Gi'PtHIEF PRESIDING OFFIqE
EMPLOYE", VICES DIVISION
PUBLIC E 1PL EES RETIREMEI T SYSTEM .
ifness Date
Attest:
Clerk
AMENDMENT T ER 0545
PERS-CON-702A (Rev. 10105)
Agenda Item 11.b.
Page. 15
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 11.b.
Page 16
INCGRPRATED
#. FM
`"MY 10. 1911 MEMORANDUM
0441
FOR
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER01
MICHAEL HUBERT, DIRECTOR of BUILDING & FIRE
/Xi
SUBJECT: CONSIDERATION of JOINT FIRE SERVICES AGREEMENT 1 ITH
THE CITY of GROVER REACH AND OCEA O COMMUNITY
SERVICES DISTRICT
DATE: FEBRUARY 26, 2008
RECOMMENDATION:
It is recommended the council approve the proposed Agreement for ,Joint Fire
Management, Administrative, and Training services and Equipment Sharing
("Agreement")between the city of Arroyo Grande, City of Grover Beach and Oceano
Community Services District CSD .
FINANCIAL ICIAL IMPACT:
The addition of OCSD to the Agreement will result in an increase of revenue to the
City in the amount of $11,,200 in FY 2007-08 and ongoing annual revenue of over
$30,000.
BACKGROUND:
The Cities of Arroyo Grande and Grover Beach entered into a joint fire services
agreement in July 2004. The purpose of the agreement was to provide fire protection
and emergency services in a more effective manner. Initially, the city of Arroyo
Grande provided a Fire chief to serve both agencies and the city of Grover Beach
was to provide a Training captain to serge both agencies. However, the agreement
was recently amended to have the city of Arroyo Grande provide both the Fire chief
and a Battalion chief. The Battalion chief provides both training and administrative
functions. The city of Grover Beach pays the city of Arroyo Grande % of the costs
of the Battalion chief position. Under the agreement, efforts are coordinated by a
Fire Oversight Committee, consisting of the Fire Chief, both city managers and one
City Council representative from each of the jurisdictions.
In addition, on January 30, 2000, the respective Councils of the cities of Arroyo
Grande, Grover Beach, Pismo Beach and the Board of Directors of the Oceano
Community Services District conducted a joint meeting to discuss potential
Agenda Item 11.c.
Page 1
CITY COUNCIL
JOINT FIFE SERVICES AGREEMENT WITH THE CITY of GROVER BEACH AND
OCEANo COMMUNITY SERVICES DISTRICT
FEBRUARY 28, 2008
PAGE 2
consolidation of fire services. The discussion was based upon the results of a study
contracted by the City of Pismo Beach and prepared by Citygate Associates, At the
conclusion of the meeting, a committee was established to review opportunities for
improved coordination and joint efforts with regard to fire safety services. In March
200 7, as one of the outcomes of that effort, the City entered into a separate
agreement with the city of Grover Beach and OCSD to share backup fire apparatus.
As a result, the City is able to sell one of the backup fire engines and the savings will
e snared with the City of Grover Beach.
The OCSD Fire Chief position recently became vacant. As a result, the OCSD staff
and Board of Directors analyzed service options and submitted a request to the Fire
Oversight Committee to consider participation of OCSD in the existing ,point Fire
Services Agreement and operations. The Fire Oversight Committee considered the
request at its October 2007 meeting. The Committee agreed to the request in
concept and directed staff to develop a specific proposal.
The attached Agreement was drafted, which was recommended by the Fire
Oversight Committee at their February 2008 meeting. Under the Agreement, the city
of Arroyo Grande will provide Fire training and administrative functions to both the
City of Grover Beach and OCSD.
ANALYSIS of ISSUES:
The scope of work proposed for OCSD is reduced from that provided to the city of
Grover Beach with regard to administrative functions. OCSD will manage their own
supervision and financial administration, require no on-site personnel on a regular
basis, and will only request the Fire chief to attend Board meetings when there are
specific items of concern to be discussed.
As a result, OCSD will pay a smaller proportional amount of overall costs than the
other two agencies. Based upon an analysis of population, service calls, and level of
service, it is proposed the City of Grover Beach continue to pay to the City of Arroyo
Grande % of the cost of the Battalion Chief position and OCSD pay $11,200 to
Arroyo Grande and $5,500 to Grover Beach for the period from March 1, 2008
through June 80, 2008.
It has been recommended the agreement begin under a trial period through the end
of the fiscal year. If extended by mutual consent, it is recommended the costs for
both the Fire Chief and Battalion Chief be allocated on the following basis:
• Arroyo Grande 57%
• Grover Beach 28%
• OCSD 15%
Agenda Item 11.c.
Page 2
CITY COUNCIL
JOINT FIRE SERVICES AGREEMENT WITH THE CITY of DROVER BEACH AND
OCEANO COMMUNITY SERVICES DISTRICT
FEBRUARY 26, 2008
PAGE 3
The cost allocation proposal also took into consideration ability of the respective
p p
parties to pay. As a result, staff believes the City of Arroyo Grande is partially
subsidizing the cost of these services. The parties involved have established as a
goal to reduce this subsidy in the future. However, despite the subsidy, staff believes
there i a significant benefit to the city of Arroyo Grande from the agreement related
to both enhanced fire safety and emergency service levels and increased efficiency.
With regard to OCSD, the Fire Chief will primarily provide broad policy guidance, fire
management expertise and leadership to OCSD firefighters. The Fire chief (and
Battalion Chief) will provide overhead support to major incidents. The Fire chief will
only be expected to attend OCSID Fire Committee or Board meetings on an as
requested basis. OCSD will perform all routine administrative functions associated
with management and operation of its fire department. Those administrative
functions include, but are not limited to, record keeping and reporting, fire code
enforcement, budget development and management, grant processing, equipment
management, staff scheduling, training administration, payroll, and human resource
management. In addition, the OCSD General Manager will be the day -today fire
liaison with the OCSD Board of Directors, will coordinate policy and political issues,
and will handle any disciplinary issues that may arise.
The Battalion Chief will provide standardized training for all three fire departments
ensuring that all firefighters are being properly instructed in exactly the same
evolutions and techniques. The Battalion chief will provide training guidance and
management to OCSD firefighters. The Battalion chief will establish training
standards and develop curriculum and lesson plans. He or she will develop a master
training schedule including multi -company drills on a regular basis. Training will
include the development of a training academy for new hires. The Battalion chief will
evaluate training effectiveness and periodically review training records for
completeness. The Battalion chief will represent all three departments at County
training activities. OCSD will perform all routine administrative functions associated
with training, including the maintenance of all training records.
It is also proposed that the Fire Oversight Committee be restructured to
accommodate representation of OCSD. The Committee would include the following:
Fire chief
Arroyo Grande City Council Representative
Grover Beach City council Representative
CSD Board of Directors Representative
Arroyo Grande City Manager
Grover Beach city Manager
OCSD General Manager
Agenda Item 11.c.
Page 3
CITY COUNCIL
,JOINT FIRE SERVICES AGREEMENT WITH THE CITY of GROVER BEACH AND
OCEANO COMMUNITY SERVICES DISTRICT
FEBRUARY 28, 2008
PAGE 4
The primary issue addressed by this proposed arrangement is that since all three
agencies currently respond jointly to emergency incidents through existing mutual
res onseg reements, separate operations result in inefficiency in staffing, apparatus
and equipment. - In addition, the proposed structure increases difficulty of
standardization and coordination.
ALTERNATIVES:
The following alternatives are provided for the council's consideration.-
Approve
onsideration:
Approve the proposed Agreement between Arroyo Grande, Grover Beach and
OCSD.
An alternative approach identified by the Fire oversight Committee included
OCSD in the joint services arrangement for Battalion Chief training services,
but other Battalion Chief and Fire chief services would be provided under
contract for actual cost on a time and materials basis. However, this
alternative was not supported by the Fire Oversight committee or OCSD.
Modify the Agreement to limit OCSD to only training services.
Postpone consideration to allow more time to evaluate the success of the
current agreement.
Do not approve the Agreement and direct staff not to include OCSD in the joint
services arrangement, but continue to coordinate on an informal basis.
Provide direction to staff.
ADVANTAGES:
The proposed inclusion of OCSD in joint fire services will provide a number of
benefits, including the following:
It will provide additional revenue, decreasing costs to the cities of Arroyo
Grande and Grover Beach.
Since it is necessary for Arroyo Grande and Grover Beach to respond jointly to
major incidents with OCSD, joint training and leadership will result in improved
coordination and consistency in standards, procedures and training.
Unified command will eliminate conflicts regarding emergency response
issues.
Inclusion of OCSD will provide another important step towards the feasibility of
full consolidation of fire services.
• Increased coordination will provide for increased capabilities to respond to
emergencies in all three jurisdictions in a timely and efficient manner,
potentially leading to expansion of boundary drops.
• The OCSD Fire Chief vacancy provides an opportunity to further consolidate
fire safety services that may not exist in the future if consideration of this
proposal is postponed.
Agenda Item 11.c.
Page 4
CITY COUNCIL
JOINT FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND
OCEANO COMMUNITY SERVICES DISTRICT
FEBRUARY 26, 2008
PAGE 5
DISADVANTAGES:
The following concerns have been identified regarding the proposal:
There is a potential of overextending the Fire chief and Battalion chief
responsibilities, resulting in a reduction in service levels to the cities of Arroyo
Grande and Grover Beach. However, the purpose of approving the
arrangement on a pilot basis only would be to provide an opportunity to
evaluate the effectiveness of the proposal before establishing any long -terra
commitments that cannot be easily discontinued.
Given that OCSD is a community services district and net an incorporated city,
it does not have the sane options available to generate revenues necessary
to support fire safety services. This could provide a challenge in the future to
fund their equitable portion if Arroyo Grande and Grover Beach continue to
expand fire services.
ENVIRONMENTAL TAL EVIE :
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, February 21, 2008 and on
the City's website on Friday, February 22, 200 8. No comments were received.
Attachments:
Agreement for Joint Fire Management, Administrative and Training services
and Equipment Sharing
Agenda Item 11.c.
Page 5
AGREEMENT FOR JOINT FIDE MANAGEMENT, ADMINISTRATIVE,
AND TRAINING SERVICES AND EQUIPMENT SHARING
Thisg reement for Joint Fire Management, Administrative, and Training Services and
Equipment sharing ("Agreement") is entered into by and between the City of Grover
Beach, a municipal corporation "Grover Beach"), the City of Arroyo Grande, a
municipal corporation "Arroyo Grande"), and oceano Community services District, a
California special district ""CSD" collectively or individually referred to as "Parties" or
66
Party#}
RECITALS
WHEREAS, EAS, Arroyo Grande provides fire protection and emergency medical services
(EMS) as provided for in California Government Code § 38600 et seq. within the
jurisdictional boundaries of the City of Arroyo Grande, California; and
WHEREAS, Grover Beach provides fire protection and EMS as provided for in
California Government Code § 38600 et seq. within the jurisdictional boundaries of the
City of Grover Beach, California; and
WHEREAS, EAS, OCS provides fire protection and Els as provided for in California
Government Code § 61100 et seq. within the jurisdictional boundaries of Oceano,
California; and
WHEREAS, due to the proximity of Arroyo Grande, Grover Beach, and ocano, mutual
cost savings and enhanced services are available to each of the agencies by sharing
certain specified fire protection and EMs services; and
WHEREAS, on duly 1, Zoo, Arroyo Grande and Grover Beach entered into an
agreement to provide joint administration of fire services; and
Agenda Item 11.c.
Page 6
Joint Fire services and Equipment Agreement
Page 2
WHEREAS,, on May 1, 2007, Arroyo Grande, Grover Beach and OCSD entered into an
agreement to share certain fire equipment; and
WHEREAS, EAS, n July 1, 2007, Arroyo Grande and Grover Beach entered into a revised
agreement to provide joint fire management, administration and training services; and
WHEREAS, Arroyo Grande, Grover Beach and OCSD have approved proposals to
jointly fund Fire Chief and Battalion Chief positions;
WHEREAS, by this Agreement the Parties desire to set forth the terms and conditions
of the jointly funded Fire Chief and Battalion Chief positions and the sharing of certain
fire suppression and safety equipment;
Ioll'll, THEREFORE, in consideration of the mutual covenants herein made, the Parties
agree as follows:
. Purpose, This Agreement shall constitute an engagement of Arroyo Grande by
Grover Beach and OCSD in providing the management and training services of a Fire
Chief and Battalion Chief to Grover Beach and OCSD for the operation and training of
their Fire Departments, as described herein.
2. Management Services for Grover Beach. Arroyo Grande shall furnish the
management ent services of a Fire Chief to Grover Beach in order to operate its Fire
Departments. Said management services shall include the following:
a. Ander the direction and supervision of the City Manager of Grover Beach,
provide broad policy guidance, fire management expertise and leadership to
Grover Beach fire personnel.
. Confer with Grover Beach Fire Department personnel when required to ascertain
the needs and evaluate the efficiency of the services provided by the Grover
Beach Fire Department to its citizens.
Agenda Item 11.c.
Page 7
Joint Fire services and Equipment Agreement
Page
C. Respond to citizen complaints regarding personnel or services, requests for
services, and inquires.
d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and
suppression personnel of each respective agency while striving to uphold each
Fire Department's Mission Statements.
f. coordinate assignment of fire apparatus under the equipment sharling terms set
forth in this Agreement.
. Supervise and provide direction when needed for fire prevention and suppression
activities and EMS of Grover Beach.
h. Supervise adherence to Grover Beech's policies and procedures i.e., personnel
rules, administrative policies, purchasing and budget policies, budget
administration, department emergency operation policies, memorandum of
understanding, vacation and sick leave policies, etc..
i. Attend and represent the Grover Beach Fire Department and implement Grover
Beach's policies and directives at various local and regional meetings [i.e., City
Council (when required), City Manager staff meetings, schools, and county Fire
Chiefs, etc.].
j. supervise personnel of the Grover Beach Fire Department.
. Supervise the purchasing of materials and equipment within the budgetary
constraints of Grover Beach.
I. Provide overhead supervision for safety, command and control functions on an
as needed basis as outlined in the Five Cities Automatic Aid operational
Response Plan.
3.Manaciement services for OCSD- Arroyo Grande shall furnish the management
services of a Fire chief to OCSD in order to operate its Fire Department. Said
management services shall include the following:
a. Under the direction and supervision of the OCSD General Manager, provide
broad policy guidance, fire management expertise and leadership to OCSD fire
personnel.
Agenda Item 11.c.
Page 8
Joint Fire Services and Equipment Agreement Page
b. confer with OCSD Fire Department personnel when required to ascertain the
needs and evaluate the efficiency of the services provided by the oeSD Fire
Department to its citizens.
C. Respond to citizen complaints regarding personnel or services, requests for
services, and inquires.
d. Provide support to major incidents.
e. Promote a harmonious working relationship between fire prevention and
suppression personnel of each respective agency while striving to uphold each
Fire Department's Mission Statements.
f. Coordinate assignment of fire apparatus under the equipment sharing terms set
forth in this Agreement.
g. Provide direction when needed for fire prevention and suppression activities and
Fulls of ocSD.
h. Attend OCSD Fire Committee or Board meetings on an as needed basis.
i. OCSD shall perforin all routine administrative functions associated with
management and operation of the Fire Department. Those administrative
functions include, but are not limited to, record keeping and reporting, fire code
enforcement, budget development and management, grant processing,
equipment management, staff scheduling,, training administration, payroll, and
human resource management. In addition, the OCSD General Manager will be
the day-to-day fire liaison with the OCSD Board of Directors, will coordinate
policy and political issues, and will handle any OCSD disciplinary issues that may
arise.
j, Provide overhead supervision for safety, command and control functions on an
as needed basis as outlined in the Five Cities Automatic Aid Operational
Response Plan.
. Administrative and Training Services for Grover Beach, Arroyo Grande shall
furnish the administrative and training services of a Battalion Chief to Grover Beach in
order to train, and assist in the management nt and administration of Grover Beach's Fire
Department. Said administrative and training services shall include the following:
Agenda Item 11.c.
Page 9
Joint Fire Services and Equipment Agreement Page
a. lender direction of the Fire Chief, coordinate the training program for the
members of the Grover Beach Fire Department.
b. Prepare and oversee said training program.
C. Monitor required annual training attendance records.
d. Ensure annual state and federal training mandates are met.
e. Serve as the Fire Chief in his or her absence.
f. Ensure that all firefighters in all three departments are instructed in the same
firefighter techniques.
g. Provide training guidance and management to Grover Beach fire personnel.
h. Establish training standards and develop curriculum and lesson pians.
i. Develop a master training schedule including multi -company drills on a regular
basis.
j. Training shall include the development of a training academy for new hires.
k. Evaluate training effectiveness and periodically review training records for
completeness.
1. Represent Grover Beach at Counter training activities.
M. Develop and maintain the Grover Beach's emergency plans and coordinate
training for Grover Beach staff.
n. Provide direct supervision and administrative support for members of the Grover
Beach Fire Department.
o. Maintain regular office hours at the Grover Beach Fire station, to initially include
a minimum of 0% of the position's staff time, but may be adjusted as
recommended by the Fire chief and agreed by mutual consent of the Arroyo
Grande and Grover Beach City Managers.
P. Provide overhead supervision for safety, command and control functions on an
as needed basis as outlined in the Five cities Automatic Aid Operational
Response Plan.
Agenda Item 11.c.
Page 10
Joint Fire Services and Equipment Agreement
Page
. Administrative and Training services for OCSD. Arroyo Grande shall furnish the
administrative and training services of a Battalion chief to OCSD in order to train, and
assist in the management and administration of CSD's Fire Department. said
administrative and training services shall include the following:
a. Under direction of the Fire Chief, coordinate the training program for the
members of the OCSD Fire Department.
b. Prepare and oversee said training program.
C. Monitor required annual training attendance records.
d. Ensure annual state and federal training mandates are met.
e. Beare as the Fire chief in his or her absence.
f. Ensure that all firefighters in all three departments are instructed in the same
firefighter techniques.
g. Provide training guidance and management to OCSD fire personnel.
h. Establish training standards and develop curriculum and lesson plans.
i. Develop a master training schedule including multi -company drills on a regular
basis.
j. Training shall include the development of a training academy for new hires.
k. Evaluate training effectiveness and periodically review training records for
completeness.
i. Represent OCSD at county training activities.
M. Provide overhead supervision for safety, command and control functions on an
ars needed basis as outlined in the Five cities Automatic Aid operational
Response Plan.
n. OCSD will perform all routine administrative functions associated with training
including, but not limited to, maintenance of all training records.
. Employees.
a. All personnel hired by Grover Beach for its Fire Department shall be employees
of Grover Beach, and shall at all times be subject to the direction, supervision,
and control of Grover Beach directly or by the Fire chief acting on behalf of
Grover Beach pursuant to this Agreement. Grover Beach shall have the sole
Agenda Item 11.c.
Page 11
Joint Fire services and Equipment Agreement
Page
responsibility of paling the salaries, payroll taxes, including, but not limited to,
Federal Social security takes, Federal and California Employment takes, and all
other employee -related expenses, including but not limited to Workers'
Compensation Insurance and Retirement Benefits for the employees of Grover
Beach.
b. All personnel hired by OCSD for its Fire Department shall be employees of
OCSD, and shall at all tires be subject to the direction, supervision, and control
of OCSD directly or by the Fire Chief acting on behalf of OCSD pursuant to this
Agreement. OCSD shall have the sole responsibility of paying the salaries,
payroll takes, including, but not limited to, Federal social security takes, Federal
and California Employment takes, and all other employee -related expenses,
including but not limited to porkers' Compensation Insurance and Retirement
Benefits for the employees of OCSD.
c, All personnel hired by Arroyo Grande for Its Fire Department shall be employees
of Arroyo Grande, and shall at all times be subject to the direction, supervision,
and control of Arroyo Grande. Arroyo Grande shall have the sole responsibility of
paging the salaries, takes, including, but not limited to, Federal social security
takes, Federal and California Employment takes and all other employee -related
expenses, including, but not limited to,,Workers' Compensation Insurance and
Retirement Benefits regarding the employees of Arroyo Grande utilized by Arroyo
Grande to provide the services under this Agreement.
". Costs
a. For the period of March 1, 2008 through June 30, 2008, Arroyo Grande shall
provide the services of the Fire Chief at its sole expense.
b. For the period of March 1, 2008 through June 30, 200 8, Grover Beach shall pay
to the City of Arroyo Grande a total of seventy-nine percent 7%) of the total
actual cost of salary and benefits for the Battalion chief position.
C. For the period of March 1, 2008 through June 30, 2008t OCSD shall pay to
Arroyo Grande a total of eleven thousand, two hundred dollars ($11,200) and to
Grover Beach a total of five thousand, five hundred dollars ($5,500).
Agenda Item 11.c.
Page 12
Joint Fire services and Equipment Agreement
Page
d. Arroyo Grande and Grover Beach shall invoice OCSID by dune 30, 2008, which
shall be due and payable within thirty 30days of the date of the invoice,
e. if the Agreement is extended by mutual consent of all three jurisdictions, the total
actual cost of salary and benefits for the Fire Chief and Battalion Chief positions
shall be paid by each of the three jurisdictions as follows:
Arroyo Grande %
Grover Beech 28
CS 15%
f. Arroyo Grande shall invoice the Grover Beach and OCSD on a semi-annual
basis for said payments of salary and benefit costs, which shall be due and
payable within thirty 30days of the date of the invoice.
. Equipment
a. Arroyo Grande shall provide, at Its sole expense, an assigned emergency vehicle
for use by the Fire Chief.
b. Grover Beach shall provide, at its sole expense, an assigned emergency vehicle
for use by the Battalion Chief.
C. The Grover Beach or Arroyo Grande 1996 backup fire engine, vehicle
identification numbers E-1208922 and 4S AT9D 8TC016426 will be sold
pursuant to Government Code 37350 et seq. (the fire engine selected to be sold
shall be referred to as the "Surplus Fire Engine"). The determination of which Fire
Engine is to be sold will be made by mutual agreement by the city Managers of
Grover Beach and Arroyo Grande based on a report and recommendation issued
by the Fire Chief. The net revenue from the sale of the Surplus Fire Engine shall
be shared equally between Grover Beach and Arroyo Grande.
d. Title to the remaining backup fire engine (the "GB/AG Back-up Fire Engine") will
be modified to reflect joint ownership by Grover Beach and Arroyo Grande.
e. Grover Beach and Arroyo Grande shall share equally all maintenance costs of
the GB/AG Back-up Fire Engine, including in-house maintenance and the costs
for any contract maintenance for the GBG Back-up Fire Engine.
Agenda Item 11.c.
Page 13
Joint Fire services and Equipment Agreement Page g
f. The Office of Emergency services "OES" fire engine (the " ES Fire Engine"
provided to Arroyo Grande will be used as an ongoing secondary back-up fire
engine for Grover Beach and Arroyo Grande.
g. If the OEs Fire Engine is unavailable and the GB/AG Backup Fire Engine is out
of service, the OCSD backup fire engine will be promptly transferred to the
Grover Beach or Arroyo Grande fire station, as determined by the Fire Chief.
h. If the OCSD primary and backup fire engines are both unavailable, the GBAG
Backup Fire Engine will be transferred to the OCSD fire station.
i. Each Party will insure each engine that could be used by that Party under their
current existing policies and will add the other Parties as additional insureds, if
not already so listed. Joint training will be provided to ensure that all personnel
are knowledgeable in operation of all apparatus prior to any potential use of
equipment from another agency. The training officer responsible for the training
program in both departments will be responsible to make certain that all
appropriate new personnel are adequately trained on the apparatus. Additionally,
the Battalion Chief will be responsible for providing an annual report to the Fire
Oversight Committee on the annual training associated with the apparatus.
g. Compliance with Applicable, statutes, Ordinances and regulations. In performing
the services of a Fire Chief and a Battalion chief required under this Agreement,
employees of Arroyo Grande shall comply with all applicable Federal, state, and County
statutes, ordinances, and regulations.
10. Insurance.
a. Arroyo Grande shall furnish and keep in full force and effect daring the
terra of this Agreement the following insurance:
1 Workers' Compensation Insurance or self-insurance covering
workers' compensation claims of all Arroyo Grande employees
providing services on behalf of Grover Beach and OCSID pursuant
to this Agreement.
Agenda Item 11.c.
Page 14
Joint Fire Services and Equipment Agreement
Page 1
2 Liability Insurance or self-insurance to include general liability and
automotive liability for any and all property claims or suits for
damages arising out of Arroyo Grande's performance under this
Agreement by Arroyo Grandes elected and appointed officials,
officers, agents, representatives, subcontractors, volunteers or
employees. The policy shall provide coverage for bodily injury and
property damage in an amount not less than one million dollars
($1,000,000.00) combined single limit per occurrence and shall
name "The City of Grover Beach' and "The oceano Community
Services District" as an additional insured. No cancellation or
change of coverage shall be effective until thirty 30days' written
notice has been given to Grover Beach and OCSD and an
endorsement verifying such coverage shall be provided to Grover
Beach and OCSD upon execution of this Agreement by both
Parties.
3 Automobile Coverage with limits of not less than $1,000,,000 per
occurrence.
. Grover Beach shall furnish and keep in full force and effect during the term
of this Agreement the following insurance:
1 Workers' Compensation Insurance or self-insurance covering
workers' compensation claims of all Grover Beach employees
providing services to Arroyo Grande and OCSD pursuant to this
Agreement.
2 Liability Insurance or self-insurance to include general liability and
automotive liability for any and all property claims or suits for
damages arising out of Grover Beach's performance under this
Agreement by Grover Beach's elected and appointed officials,
officers, agents, representatives, subcontractors, volunteers or
employees. The policy shall provide coverage for bodily injury and
property damage in an amount not less than one million dollars
Agenda Item 11.c.
Page 15
Joint Fire services and Equipment Agreement
Page '1'1
($1,000,000-00)combined single limit per occurrence and shall
name "The City of Arroyo Grande" and "Oceano Community
Services District" as an: additional insured. No cancellation or
change of coverage shall be effective until thirty 30days' written
notice has been given to Arroyo Grande and OCSID and an
endorsement verifying such coverage small be provided to Arroyo
Grande and OCSD upon execution of this Agreement by both
Parties.
3 Automobile Coverage with limits of not less than $1,000,000 per
occurrence.
C. OCSD shall furnish and keep in full force and effect during the terra of this
Agreement the following insurance:
I Workers' Compensation Insurance or self-insurance covering
workers' compensation claims of all OCSD employees providing
services on behalf of Arroyo Grande and Grover Beach pursuant to
this Agreement.
2 Liability Insurance or self-insurance to include general liability and
automotive liability for any and all property claims or suits for
damages arising out of OCS 's performance under this Agreement
by OCS 's elected and appointed officials, officers, agents,
representatives, subcontractors, volunteers or employees. The
policy shall provide coverage for bodily injury and property damage
in an amount not less than one million dollars $1,000,000.00
combined single limit per occurrence and shall name "The city of
Arroyo Grande" and "The City of Grover Beach" as an additional
insured. No cancellation or change of coverage shall be effective
until thirty 30days' written notice has been given to Arroyo
Grande and Grover Beach and an endorsement verifying such
coverage shall be provided to Arroyo Grande and Grover Beach
upon execution of this Agreement by both Parties.
Agenda Item 11.c.
Page 16
Joint Fire services and Equipment Agreement
Page 1
3 Automobile Coverage with limits of not less than $1,000,000 per
occurrence.
. Benefit, Expectations, and , Performance Based Measurements. The benefits of
this Agreement, including outlined work outputs, cost -avoidance issues, and related
service enhancements shall be monitored bi-monthly by the Fire Oversight Committee.
The Committee will consist of agreed upon representatives from each Party. specific
benefits of this Agreement include, but are not limited to:
a. A reciprocal arrangement to assist the other Party;
b. The opportunity to take advantage of each Partys qualified personnel;
C. The opportunity to take advantage of each Party's response areas and leading to
the reduction of response times;
d. The possibility of achieving economies of scale;
e. The possibility of eliminating duplicate services and the opportunity to share
existing programs;
f. An opportunity to better serge each community without constraints of boundary
limits;
g. The opportunity to reflect well on community policy makers and gain community
support;
h. The improvement of citizen's demands or expectations for services, utilizing the
closest resources;
L The possibility of cost avoidance in acquisition of new personnel and equipment;
j. The assurance of continued local control;
. The assurance of each agency's ability to maintain its local identity;
I. The potential pathway for future cost saving programs such as: dispatching
services, vehicle maintenance, and the like;
M. The sharing of specialized equipment and personnel for specialized services;
and
n. The immediate access to neighboring resources for planned or un -planned
incidents.
Agenda Item 11.c.
Page 17
Joint Fire services and Equipment Agreement Page 13
12. Future Plarnnin . Each of the Parties agrees to work towards the identification
and development of a common organizational structure capable of providing services to
each of the member jurisdictions covered by this Agreement and that such common
organization will be equitably funded and administered.
13. Term of this Agreement. The terra of this Agreement shall commence on March
'i, Zoo, and shall continue in full force and effect for a period of four months. At the
end of the initial four month period, the Agreement may be extended by mutual
consent of Parties for a period of up to three 3 years. This Agreement shall
automatically renew on an annual basis after the 3 year period. Either Party may
terminate this Agreement at any time, with or without cause, upon thirty 30days' prior
written notice.
. Ion-assi nabilit . This Agreement shall not be assigned by any Party without
first obtaining the express written consent of the other Parties.
15. Notices. Any notice which either panty may desire to give to the other party under
this Agreement must be in writing and may be given either by i personal service,,(ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt showing date and time of delivery, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
a. Grover Beach
Bob Perrault
City Manager
154 S. 8th Street
Grover Beach, CA 93433
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Joint Fire services and Equipment Agreement Page 1
b. Arroyo Grande
Steven Adams
City Manager
214 E. Branch Street
Arroyo Grande, CA 93420
C. OCSD
Patrick O'Reilly
General Manager
P.O. Box 599
oceano, CA 93445
16. Mutual Indemnification.
a. Arroyo Grande agrees to and shall indemnify, defend and hold Grover Beach and
CSD and their elected and appointed officials, officers, agents, representatives,
subcontractors, volunteers or employees harmless from and against all
reasonable expenses including without limitation reasonable attorneys fees and
disbursements, losses or any liability arising out of or alleged to have arisen out
of the negligent operations of the Arroyo Grande Fire Department during the term
of this Agreement. This indemnity provision shall survive the expiration or
termination of the Agreement.
b. Grover Beach agrees to and shall indemnify, defend and hold Arroyo Grande and
CSD and their elected and appointed officials, officers, agents, representatives,,
subcontractors, volunteers or employees harmless from and against all
reasonable expenses including without limitation reasonable attorney's fees and
disbursements, losses or any liability arising out of or alleged to have arisen out
of the negligent operations of the Grover Beach Fire Department during the terra
of this Agreement. This indemnity provision shall survive the expiration or
termination of the Agreement.
C. OCSD agrees to and shall indemnify, defend and hold Arroyo Grande and
Grover Beach and their elected and appointed officials, officers, agents,
Agenda Item 11.c.
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Joint Fire services and Equipment Agreement
Page '1
representatives, subcontractors, volunteers or employees harmless from and
against all reasonable expenses including without limitation reasonable attorney's
fees and disbursements, losses or any liability arising out of or alleged to have
arisen out of the operations of the OCSD Fire Department during the term of this
Agreement. This indemnity provision shall survive the expiration or termination of
the Agreement.
17. Entire Agreement. Grover Beach, Arroyo Grande and OCSD agree that this
Agreement constitutes the sole and only Agreement between them representing the fire
protection and EMS management, administrative and training services and equipment
and correctly sets forth their obligations and duties with respect to each other.
18. Amendment. Any amendments to this Agreement must be in writing and subject
to the consent of all parties.
19. No Interpretation Against Draftin . This Agreement has been negotiated at arm's
length between the Parties hereto. Accordingly, any rule or law {including California civil
Code § 1 635 et seg,} or legal decisions that would require interpretation, or any
ambiguities in the Agreement against the Party that has drafted the applicable provision,
is not applicable and is waived. The provisions of the Agreement shall be interpreted in
a reasonable manner to effect the purpose and intent of the Parties.
20. Execute in Counterparts. The Parties hereto agree that there shall be three
originals of this Agreement which shall be identical in all respects. The Parties may
execute this Agreement in three or more counterparts, which shall, in the aggregate, be
deemed an original, but all of which, together, shall constitute one and the same
instrument.
21. Governing...Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of California.
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Joint Fire services and Equipment Agreement
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22. Prior Agreements. This Agreement shall replace and supercede the prior
agreement for joint fire management, administration and training services entered into
by and between Arroyo Grande and Grover Beach on July 1, 2007 and the agreement
to share fire equipment by and between Arroyo Grande, Grover Beach and OCSD
entered into on May 1, Zoo.
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Joint Fire Services and Equipment Agreement
Page '17
Executed at Arroyo Grande, California, on the date and year first appearing above.
CITY OF ARROYO GRANDE
Tony M. Ferrara, Mayor
Attest:
Kelly Wetmore, re, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
OCEANO COMMUNITY SEF ICES DISTRICI
Jim Hill, President
Attest:
Approved As to Form:
CITY OF GROVER BEACH
John P. Shoals, Mayor
Attest:
Donna McMahon, n, City Clerk
Approved As to Form:
Martin D. K c an wic , City Attorney
Agenda Item 11.c.
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