Agenda Packet 2008-03-25 CITY OF
1 ounce , • . • ~ ~ en a
'le
Tony Ferrara, Mayor/Chair ' ~ Steven Adams, City Manager/Executive Director
Chuck Fellows, Mayor ProTemNice Chair ~ Timothy J. Carmel ,City AttorneylGeneral Counsel
Joe Costello, Council/Board Member ,~~~y ~ Kelly Wetmore, City ClerklAgency Secretary
CALIFORNIA
Jim Guthrie, CouncillBoard Member
Ed Arnold CouncillBoard Member ' 9 ~ ~
,
AGENDA SUMMARY
CITY COUNCILIREDEVELOPMENTAGENCY MEETING
TUESDAY, MARCH 25, 2008
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER: 7:00 P.M.
2. ROLL CALL COUNCILIRDA
3. FLAG SALUTE: ARROYO GRANDE LIONS CLUB
4. INVOCATION: PASTOR ROBERT BANKER
OPEN DOOR CHURCH
5. SPECIAL PRESENTATIONS:
None.
6. AGENDA REVIEW:
6a. Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY -MARCH 25, 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Member may request that any item be withdrawn from the Consent Agenda to permit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 ConsentAgenda on one motion.
8.a. Cash Disbursement Ratification (KRAETSCH}
Recommended Action: Ratify the listing of cash disbursements for the period March
1, 2008 through March 15, 2008.
8.b. Consideration of Statement of Investment Deposits (KRAETSCH)
Recommended Action: Receive and file the report of current investment deposits as
of February 29, 2008.
8.c. Consideration of Approval of the City of Arroyo Grande Investment Policy
(KRAETSCH}
Recommended Action: Approve the City Investment Policy.
8.d. Consideration of Adoption of Ordinance Amending the California Public
Employees' Retirement System (PERS) Contract for the Local Miscellaneous
Members and Local Police Members (KRAETSCH}
Recommended Action: Adopt an Ordinance authorizing an amendment to the
contract between the City and the Board of Administration of the California Public
Employees' Retirement System for Local Miscellaneous Members and Local Police
Members.
AGENDA SUMMARY -MARCH 25, 2008
PAGE 3
8. CONSENT AGENDA (cont'd):
8.e. Consideration of Approval of Minutes (UVETMORE)
Recommended Action: Approve the minutes of the Special City Council Meeting of
February 26, 2008; the Regular City CouncillRedevelopment Agency Meeting of
February 26, 2008; and the Regular City CouncillRedevelopment Agency Meeting of
March 11, 2008, as submitted.
8.f. Consideration of an Award of Contract for Construction of the East Branch
Street Sewer Lining Project (SPAGNOLO)
Recommended Action: 1) Award a construction contract for the East Branch Street
Sewer Lining Project to Southwest Pipeline & Trenchless, Corp. in the amount of
$84,936.00 for the base bid and $24,919.00 for Bid Schedule A for a total contract
amount of $109,855.00; and 2) Authorize the City Manager to approve change orders
not to exceed the 8.5% contingency of $10,145.00 for unanticipated costs during the
construction phase of the project.
8.g. Consideration of Acceptance of the Elm Street Park Restroom ADA Upgrade
Project, PW 2007-12 (PERRIN)
Recommended Action: 1) Accept the project improvements as constructed by
California Coastal Development in accordance with the plans and specifications for
the Elm Street Park Restroom ADA Upgrade Project; 2) Direct staff to file a Notice of
Completion; and 3} Authorize release of the retention as allowed per the Public
Contract Code and after the Notice of Completion has been recorded, if no liens have
been filed.
9. PUBLIC HEARINGS:
None.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of Exclusive Negotiation Agreement with Destiny International
Ventures for Hotel Development at the Vacant Parcel Owned by the
Redevelopment Agency at Faeh Street and EI Camino Real (ADAMS)
[COUNCILIRDA]
Recommended Action: Approve the proposed Exclusive Negotiation Agreement
with South Destiny International Ventures for purchase and development of a hotel at
the vacant parcel owned by the Redevelopment Agency at Faeh Street and EI
Camino Real.
AGENDA SUMMARY -MARCH 25, 2008
PAGE 4
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) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee
(4) Other
(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.
None.
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.
None.
AGENDA SUMMARY -MARCH 25, 2008
PAGE 5
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
1l. 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 wuvw.arrovogrande.orq
City CouncillRedevelopment 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-span.orq..
THIS PAGE INTENTIONALLY LEFT BLANK
~ INCURPQRAr~p F~
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~ ~
~ JI~Y ~0, t~t1 ~ ~E~~N~~~
T~: ~T~ CUNIL
FR~I; ANGELA I~RAETH, D~~ECT~~ ~F FINANCIAL SERVICE
Bll: FRANCES R. HEAD, ACD~UNTINC ~JPERV~~
U~JECT: CN~DERATI~N of CASH D~BU~EN~~NT RATIFICATION
DATE: MARCH DOS
RE~~I~ENDATION:
It is recorrnended the City Council ratify the attached listing of cash disbursements for
the period March ~ through March ~oo~.
FINANCIAL IMPACT:
fibers i a ~o,1 og.o fiscal impact that includes the folla~uing items:
• Accounts Payable Checks ~ 41 85,81.4
• Payroll Checks benefit Checks 44, 8~ 1. ~ ~
BAC~CROL~ND:
Cash disbursements are rnade Meekly based on the submission of ail required
documents supporting the invoices submitted for payment. Prior to payment, Finance
Department staff revie~r ell disbursement documents to ensure Chet they meet the
approval requirements adopted in the Municipal Code and the City's Purchasing
Policies and Procedures Manual of February 2000.
ANA~,YI OF IUE:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY20D?~2oo8
budget
ALTERNATIVE
The following alternatives are provided for the Council's consideration:
• Approve staffs recommendation;
• Do not approve staffs recor~mendativn;
~ Provide direction to stiff.
Agenda Item 8.a.
Page 1
~ITY~oUNDIL
ofVfDERATION of CASH DIBUREI~ENT ~ATIFIDATION
MARCH ~~~8
PACE ~
ADIIANTA~:
• The Finance ~epartr~ent monitors payment of invoices for accountability,
accuracy and completeness using standards approved by the council,
• Invoices are paid In a t~meiy manner to establish goodvuill v~rith merchants.
~ Discounts ane taken ~rhere applicable.
DIADIIANTAE:
No disadvantages have been identified as long as pity Council confirms all
expenditures are appropriate.
ENVIRONMENTAL REVIEIII~;
No environmental revie~r i required for this item.
PiJ~LIC NoTIFIATION AND Col~lll~ENT:
The Agenda eras posted in front of City Half on Thursday: March 20, ~go8, The Agenda
and repork ~rere posted on the pity's website on Friday, March 2~ } BOOS, No public
comments uvere received.
Attachments
~ . March ~ - March ~ BOOB, Accounts Payable Check Register
2, March 14, 200, Payroll Checks Benefit Checks Register
Agenda Item 8.a.
Page 2
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Page 4
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Page 6
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~ ° Agenda Item 8.a.
Page 7
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Page 8
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Page 9
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Agenda Item 8.a.
Page 10
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Agenda Item 8.a.
Page 11
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Agenda Item 8.a.
Page 12
ATTACHMENT 2
CITY ~F ARR~Y~ ~RA~VDE
DEPARTMENTAL LABOR DI~TRIBUTI~N
PAID PER~~D
~12~l08 - 31808
03!14108
FUND 01 ~ 41 4,40 5101 salaries Full time 232,111,50
FUND 220 13,849.8fi 5102 salaries Part-Time - PPT 21,95?.01
FUND 284 ?82,13 5103 salaries Part-Time - TPT 8,131.9fi
FUND 285 888.33 51 al~ries ~verTime 9, 523, ~ 5
FUND 61~ 8,711.85 5101 salaries standby 312,09
FUND X40 28,108.55 5108 Holiday Pay 9,314.05
4fi4,821.12 5109 dick Pay 2,412,fi4
5110 Annual Leave Buyback
5111 Vacation Buyback -
5112 dick Leave Buyback -
5113 Vacation Pay T, 3O9.G5
5114 Camp Pay 5,Ofi1.64
5115 Annua! Leave Pay 2,001.00
5121 PER Retirement 79,5G4.13
5122 facial Becurity 21,112~0~
5123 PARS Retirement 354.11
512fi state Disability ins. 852,34
5121 Deferred Compensation 80.00
5131 Health Insurance 52,02.38
5132 Dental Insurance 5,18994
5133 Vision Insurance 1,119.13
5134 Life Insurance 508.05
5135 Long Term Disability -
5143 Uniform Allowance -
5144 Car Allowance 1,187.50
514fi Council Expense
5147 Employee Assistance
5148 Boot Allowance -
5149 Motor Pay ?5.00
5150 Bi'Lingual Pay 200.00
5151 Cell Phone Allowance 421.50
4fi4,821.12
Agenda Item 8.a.
Page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.a.
Page 14
~ INC~~~QRATEO
~ ~ v MEI~RANDU~I
*,~r10,~~~r~
~P
~ ~ ~F~
T~: CITY C~UNIL
FR~IIII: ANGELA ~CRAETaI~I, DIRECTOR DF FINAI~IAL ERVIE
BY: FRANE R. HEAD, AUNTINC UPE~III~R
~UBJET: NIDERATION OF TATE~IENT ~F INVETNlENT DEP~aIT
DATE: I~AR~I 2, ~D~B
REI~~IENDATION;
It is recommended the City Council receive and file the attached report listing the current
invetrr~ent deposits of the Ci#~ of Arroyo Grande, as of February DOS, a required by
avernment Code section 53G~b}.
FINANCIAL IMPACT:
There is no funding impact to the City related to this report. F#owever, the City does receive
interest revenue based on the interest rate of the investments}.
BAl~ROl~ND:
This report represents the City's investments as of February 29, ~aa8~ It includes ail
invet~?ents managed by the City, the investment institution, investment type, bogie value,
maturity date, and rate of interest. A of February X008, the investment pvrtfolia was in
compliance with all state laws and the City's investment policy.
ANALYI ~F IIJE*
The Director of Financial services has historically to submitted to the City Council a monthly report,
providing the following information;
~ . Type of investment.
2. Financial institution ~baniC, savings and loan, broker, etc}.
Date of maturity
4. Principal amount.
5. Rate of interest.
fi. Current market value for ail securities having a maturity of mare than ~ ~ months.
7. Relationship of the r~vnthly report to the annual statement of investment policy
Agenda Item 8.b.
Page 1
QTY ~U NCI L
Na~DERAT~~~ INETI~ENT DE~SfTS
I~AR~i ~~0
PAGE ~
ALT~RNAT~VES;
The following alternatives are provided for the Council" consideration:
R I4ecor~rnended Af~erna~ive -Approve staff's reca~rmendation to receive and fle the
attached report listing the Current investment deposits.
- Do not approve staff reCOrnmendation
- Provide direction to staff
ADVANTAGES:
safety of principal is the foremost objective of the pity. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the overall portfolio.
DISADVANTAGES:
Same level of risk is present in any investment transaction. Losses Could be incurred due to
market price changes, technical Cash flow complications such as the need to withdraw a non-
negotiable Time certificate of Deposit early, ar even the default of an issuer. To minimise such
risks, diversifications of the investment po~folio by institution and by investment instruments are
being used as much a is practical and prudent
ENVIRGNMENTAL ~EVIEIIIf:
No environmental review i required for this item.
P~~LI NGTlEIATION AND GI~IENTS;
The Agenda was posted in front of pity Hall on Thursday, March ~a~8. The Agenda and
report were posted on the pity's website on Friday, March ~~DB. hla public cnrnrr~ent were
received
Attachments:
Portfolio Summary
Agenda Item 8.b.
Page 2
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Agenda Item 8.b.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.b.
Page 4
~ ~,~RO~~
~
~ xr~ca~~op?at~v ~Z
~ m MEI~oRANDUM
~ JULY 1 Q, i'~ 11 ~
~
To: cITY co~NClL
FROM: AN~LA K~AETH, DIRECTOR of FINANCIAL ERIIICE
SUBJECT: oNiDERATIOI~ of APPROVAL of THE cITY of A~ROYo
GRANDE INVEBT~IENT POLICY
GATE: MAF~cH X008
RECOIVII~ENI~ATION:
It is recommended the pity council approve the pity of Arroyo Grande Investment
Policy.
FINANCIAL IhIIPACT:
There is no funding ir~pact to the pity related to this policy. Wov~ever, the pity does
receive interest revenue based on the type of investments pursued by the City.
BACl~CROUND:
Attached is the Gity's investment Palmy, v~rhich vuas last re~rievued by the pity auncil on
April ~ ~OOI. In the past, California overnrnent bode section ~4~ required that an
lnvetn~er~t Policy be presented to the Council on an annual basis. beginning January
200?, it is no longer required by statute that the treasurer or chief financial officers of
local gavernr~ent entities annually submit a tater~er~t of investment policy to their
governing body, Floryever, it i highly recomr~ended by both the Association of Public
Treasurers of the United states Canada and the Government Finance officers
Association ~CFGA},
It i in the best interest of the City if ta#f continues to prepare the policy and present it
to the Gour~cil on an annual basis for reviev~r. The pity's Investment Policy authorizes
only the more conservative investments, requires monthly investment reports to pity
vuncil, ar~d requires that the due diligence of a "prudent person" be follov~ed in the
investment of pity funds.
ANALYBIB of IMBUES;
The purpose of the Investment Policy i to identify various policies and procedures that
enhance opportunities for a prudent and systematic investment process and to organize
and formalize investment^related activities. The ultimate goal is to enhance the
economic status of the pity of Arroyo Grande ~uhile protecting its cash resources,
The investment policies and practices of the pity of Arroyo Grande and the Arroyo
Grande Redevelopment Agency are based on State lair and prudent money
Agenda Item 8.c.
Page 1
QTY oUlVll
APPROVAL of THE fTY ~NVETN~ENT PoLIY
~IA~CH ~S~ ~~DB
PAGE ~
manager~ent, All funds vuill be invested in accordance Frith the pity's Investment Policy
and the authority governing investments for municipal governments as set forth in the
California Government Gode.
currently, the pity has investments in the local Agency lnvestrnent Fund ~LAIF~ and
several certificates of deposits Hor~ever, staff has not rener~ed maturing certificates of
deposit due to the frailty of the banking industry. vVith the current r~ortgage crisis,
severe! banks are nor feeling the hardship and this could affect the payments of both
interest and principal, In follor~ing our current investment policy, staff feels that the
most conservative approach uvould be to continue to let the certificates of deposit
mature at this time and continue to ~ratch the market to determine ~rhen both the health
of the industry and the return rates have improved.
The only changes to the Investment Policy urere updates made to investment
instrument limitations to re#lect changes in the Government bode for example the limit
for Banker's acceptances on page of the Policy, increased from ~o~lo to ~~°lo} and
vrording gas added to inform the reader that an Investment Policy is no longer required
by statute
ALTERNATIVE;
The follouving alternatives are provided #or pity council consideration;
- Approve the Investment Policy;
Do not approve the Investment Policy;
- Modify Investment Policy and approve;
- Provide direction to staff.
ADVANTAGE:
The investment policy provides staff: vrith uidance vuhen ursuin investment
g p g
opportunities, In addition, the policy establishes the specific investment goals of the
pity r~rhich are safety, liquidity and yield.
DIADVATAGE;
There are no identified disadvantages related to the approval of this policy. Houvever,
there is some level of risk in any investment transaction. To minimise such risks,
diversifications of the investrrrent portfolio by 'restitution and by investment instruments
herr passible is recommended in the pity's Investment Policy.
EN11IRoNI~ENTAL, REVIE~U;
No environmental revier~r i required for this item,
Agenda Item 8.c.
Page 2
CITY oUNIL
APPROVAL. THE CITY ~NIIETI~ENT PoLIY
NEAR H 25, ~4D
PAGE 3
PU~Li NoTiFICATlO~i AI~~ o~IMENT:
The Agenda was doted in front of pity Hall on Thursday, March ~o, ~ODB. The Agenda
and report were posted on the pity's webite on l=ridgy, N~arch ~1, boo. No public
cor~r~ents were received.
Attachment:
pity of Arroyo Grande Investment Policy
Agenda Item 8.c.
Page 3
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Agenda Item 8.c.
age
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II. Portfolio Diversification
~~il~~e ~1nanCta~ ~ltltl~tlol]S„111
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N.L~A1c~Y ~f ~4~t~~ ~ r....,,,.,,.,a „ I.a?~~aaa...........r..,.,,,,,,.,#,.#aa. a 1
V it~ l aCenlerit ~i 44V Y~V~.......~~......,.~...,,,,,1#~..~.~ 1..
J.#.il 4~~ 1, tY{diW~~111Vn4 a~~ ~r 4FLiVi~ YY4f.......i.....,,....r.r.....,#f#4#Illil .............aa a...,.,,,,,,,,,,,~
~~st~~nt ~eporting, Pol~4'y I~~VIeV~ and PffeCt~ lV ~~~~V~ ~~r ................rr~r,,,,,,,,l.,ii#,. i.......~
A enda Item 8.c.
Page 5
~nvestm~nt P~l~~~
The purpose of this document is to identify various policies and procedures that enhance opportunities
for a prudent and systematic investment process and to organize and fornaalize investxnnent-related
act~vltles. The intimate goal is to enhance the economic status of the pity of Arroyo Grande while
protecting its cash resources,
The investment policies and practices of the pity of Arroyo Grande and the Arroyo Grande
Redevelopment Agency are based on state law and prudent money management. All funds will be
invested in accordance with the pity's Investment Policy and the authority governing investments for
municipal governments asset forth in the California Government bode.
Inv~stme~t ~~_i e~tx~e
The investment ob~ectrve of the City of Arroyo Grande is to optimize the following goals;
• safety
~ liquidity
~ Yield
safety of principal is the faren~ost ob~ectlve of the ~~ty. Investments shall be undertaken in a manner
that seeks to ensure the preservation of capital in the overall portfolio. fnvetn~ent decisions should
not incur unreasonable credit ar naket risks in order to obtain current investment incanae. credit risk
is the risk of loss due to the failure of the security issuer ar broke~~ axket risk is the risk that the
market value of securities in the port#'olia will fall due to changes in general level of interest rates.
The pity's investment portfolio will remain sufic~ently liquid to enable the pity to meet its calla flow
requirements. Liquidity of the investments guarantees the pity's ability to meet operating e~pendttures.
The pity's investment portfolio shall be designed with the obj ective of attaining a market rate of return
on its' investments consistent with the constraints unposed by its safety objective and cash flow
considerations. Yield is to be a consideration only after the basic requirements of safety and liquidity
have been met.
~ptimizataon means striving to achieve a balance between all three objective goals. hauld a demand
be perceived to prioritize the three goals, they are listed in preferred order.
1
Agenda Item 8.c.
age
Prudence Standard
The standard of prudence to be used by the Financial Services Directorldesignee shall be the "prudent
person rule' and shall be applied in the context of managing pity investments. Persons acting in
accordance with written procedures and exercising due diligence shall be relieved of personal
responsibility for an individual investment lass, provided that deviations are reported in a timely
fashion, and appropriate action is taken to control adverse developments.
Areas of In~~tment Polio
Authori#ies, control and dare:
1. The Director of Financial services has been authorized, via Resolution #4~~5, to establish
deposit and investment agreements and undertake depositlinvestment transactions on behalf of
the pity of Arroyo Crrane, The Director of Financial services may delegate to another official
the Lndlvldual placement of mon1C5 In deposlt~Irlvestrn~nt ~anaction, but must review and
approve each one,
The financial Services Department is responsible for in~plerrlentin this policy, and
maintaining a system of internal control designed to prevent employee error or imprudent
actlans, misrepresentation parties to an lrlvestment agreement, fraud, Or une~peCted
changes in the financial marl~et place.
~ . State of California government bode Sections 5 ~ a0 et seq. ~H3 al~d 1 ~4~9.1 regulate the
deposltllnvestment activities of general law cites See Sec; 5~~3 5 and 1 ~429~ 1 Based
upon the relatively small size o~ the ~lty's portfolio, e ~lty does not utilize ~ professional
investment manager. Rather, Arroyo Cranders investrrient program is simply a part of the
pity's financial management activity,
4. The Director of Financial Services ~arld any delegate} shall use good judgement and care, as
a "prudent person" would, when entering contracts for depoSltS and investrnerlts, and when
placing individual investment transactions. Such care I5 that which would be exercised by
person concerning hislher own affairs} not for s eculation but far safe investment and
p a
earned Interest.
Borne level of risl~ is present in any investment transaction, Losses could be incurred due to
market price changes, technical cash flaw complications such a the need to withdraw a non-
negotiable Time certificate of Deposit early, or even the default of an issuer, Ta minimize
such risks, diversification of the investment portfolio by institution and by investment
instruments will be used as much as is practical and prudent.
2
Agenda Item 8.c.
age
Portfolio Diversification:
1, Bligible Financial Institutions:
avernment Cade Section distinguishes between "deposits" and "lnvest~rients"'. It
provides that "as far as possible" City monies shall be "deposited"' in State ar National
banks ar State ar Federal savings and loan associations; ar maybe '}invested" in specified
~r~struments, Thus, ellglble fnanclal 1nstltutl~ns would lrlclude:
A, Banks plus savings and loans, primarily for active demand deposits ~cheekin accaur~ts
and passbook savit~gs~ and inactive deposits {non-negotiable Time Certificates}, also
far investment instruments, See ~averrYn~ent Cade Sec. 5~G3S far maximum deposit
limitations far banks and savings and loans, involving bank paid up capital ar~d saving
and loan net worth.
B. Brokers and issuers, far various investment instruments listed below.
Cade Authorised Instruments and Portfolio Limitations:
A. Instruments and Partfol~o L~rri~tatlons are authar~zed as provided In avernme~at Cade
Section S~G~~ and 1649.1, as follows:
1 } Bands issued by the City of Arraya Grande, Na lirriit.
Treasury Notes, bonds, bills, or other certificates of indebtedness. The
mxiruum maturity shall not exceed five years.
California State registered notes, bonds, or warrants, Maximum maturity of
five years.
4} ether focal agencies within California, bands, Hates, v~arran#, or other
indebtedness, Five year maxin~u~n maturity.
} obligations issued by Federal agencies such as Federal FIorr~e Laan Bank
~FI~LB}, Federal Florae Laan lVlartgage Corporation {FHLMC}, Federal Farm
Credit Bank ~FFCB}, etc. Limited to a five year maximum maturity.
Banker's acceptances {bills of exchange or tinge drafts} drawn an and accepted
by a commercial bank, and which are eligible far purchase by the Federal
Reserve System These are limited to 40 percent of the City"s surplus funds,
and limited to 1 S~-day rriaxirrrurn maturities.
7} Commercial paper of "prime" quality, as rated by 1Vloady's Investor Service ar
Standard and 1'aor's Corporation. These are limited to ~5 percent of the City"s
3
A enda Item 8.c.
age
portfalia, and limited to 270-day maximum maturities, plus same other
C~uallf Catlans.
FDIC insured or filly collateralized tinr~e certificates of deposit in financial
institutions located in California, including United States branches of foreign
banks licensed to da business in California. The rnaxiut~ maturity of a tune
deposit shall not exceed five years.
9} Negotiable Certificates of Deposit, issued by either a National or Mate bank or
a state ar federal savings and lawn provided that the senior debt abligat~ons of
the issuing lnstitutron are rated "AA" or better by Moody's or Standard
Poor's. The rnaxirnun~ maturity of a negotiable certificate of deposit sha11 not
exceed five years, Purchase of negotiable certificates of deposit may not
exceed 30 percent of the book value of the City's portfolio.
10}Repurchase agreements ar reverse repurchase agreements, whereby the seller
of securities will repurchase them on a specified date and far a specified
amount. The n~axir~urn maturity of a time deposit shall not exceed one year.
11 }Local Agency fnvestn~ent Fund, State of California, per Crovernment Cade Sec.
1 X429.1. Pooled n~anies of various agencies within California. Account sire is
1~n~1ted to a minimum of S,OOU sunless bond proceeds} and a maximum limit
of $4a million,
Safekee in of Securities:
To protect against fraud or err~bezzlerrient ar losses caused by collapse of an individual securities
dealer} all securities owned by the City shall be held ~n safekeep1ng by a third party bank trust
department. Designated third party shall act as agents for the City under the terms of a custad
. ~
agreement. All trades executed by a dealer will settle delivery vs, payment ~I~vP} through the City's
safekeeping agent. Investment officials shall be bonded to protect the public against possible
embezzlement or nlal~ce.
Securities held in custody for the City shall be independently audited an an annual basis to veil
. f
investment holdings,
i Placement Practice:
1. The fallowing finaclal ~nstttutians will be used by the City of Arroyo Grande, for non-
negotiable T~rne Certificates of Deposit.
a} Commercial banks having offices in the State of California.
b} Savings acid loans maintaining offices in .e State of Califarr~ia.
4
A enda Item 8.c.
age
The State of California Local Agency Investment Fund {L,A,I,F,~ will be utilized, to pool
current surplus pity monies for demand deposit earnings.
3. For other investment insu~nents, three ~nstltutlons may be selected frarn a llst of quall~ied
primary or regional brokerldealers qualifying under ~ rule 15c-1 {uniform net capital
rule}. ~rokexldealers must be licensed in the State of California and be headquartered or
maintain a branch office in the State of California.
All brokersldealers shall carry Errors and emissions insurance with a limit of not less than
l,ooo,ooo per occurrence. Proof of existence of said insurance sha11 be proided to the
pity at its request and the pity shall be notified if the policy is cancelled or coverage is
reduce below 1,00,000.
4. Prior to establishing a contract for deposit of monies per Sec. 5649, or placing an
individual investment, the credit-worthiness of each f
~nanctal institution wiil be
determined. As a minimum, the ratio of net worth {equity to total assets shall be 3.o°Io or
rrzore.
5. ~o more than o~Io of the pity's available surplus shall be placed with any one financial
Instltutlon {excluding the state L.A.I.F. and govern.rnent agency issues}.
No Inure than ~~°I~ of the pity's available surplus shall be placed with savings and loan
institutions.
7. The pity, as authorized in Government bode Sections X3635 and 16429,1, nay use all
deposit and investment instruments; except repurchase and reverse repurchase agreelx~cnts
shall not be used. However, non-negotiable time cert~icates with cominercial banks and
savings and loans, plus deposits in the State Local Agency Investment Fund, will be the
primary instruments used by the pity, along with possible L~, S. Treasury bills and bankers
acceptances.
S. Collateral security on certificates of Deposit will be provided in accordance to
Government bode Sections 5 6 ~ 1 and 5 ~ 3 by the commercial banks and savings and
loans, at 11 ~°Io when government securities are used, or at 150°Io when promissory notes
secured by 1st mortgages or 1 st trust deeds on improved residential real property located in
California arc used.
Individual placements of deposits and investments will be made based upon highest rate
quotes, In rn~St instances.
10. wlthln the context of any portfolio lilnltatlons and quoted rates, deposits shall be
dlstnbuted between 1nstltutlons as evenly as practical or possible.
Agenda Item 8.c.
age
dash 1Viana~ement and Matu~:
1, ~ n7axlmum investment of all lty monies, not needed to meet current cash flaw needs,
will be maintained as closely as practical. A sufficient compensating balance will also be
provided, regarding the pity"s banking service agreement.
All monetary resources wi11 be pooled far investment purposes, to ma~nn1ze interest
- earnings, w~ch will be periodically allocated to the varxau funds of the City based upon
average cash balances at month ends. Na interest will be credited to individual accounts
within the various funds.
3. Time deposits acrd investments will be held to maturity, unless it is absolutely necessary to
sell an investrnnent early due to an unexpected liability.
4. Maturities of deposits and investments will be scheduled in such a manner as to provide a
steady stream of available cash to meet cash flow needs. The California State faoeal
Agency Investment Fund deposits of the pity of Arroyo Grande are available on a san~e-
daylnext-day telephone call basis.
Investment epor~i~_P~l~ey ~evie~v end
~~ect~ve policy Term
An fnvestr~ent Policy is na longer required by statute however, it is highly recommended by both the
Association of Public Treasurers of the Unitcd States Canada and the government Finance ~ffieers
Association ~F~A}. It ~s in the best interest of the ity to prepare, present and discuss the Investment
Policy with the pity council an an annual basis. In addition, a monthly report ~s submitted to the City
council, providing the following information;
1. Type of investment,
2. Financial institution bank, savings and loan, broker, etc},
3 ~ bate of maturity,
4. Principal an~ount~
5. Rate of interest.
. current rriarket value for all securities having a Maturity of more than 1 ~ rnai~ths,
7, Relationship of the monthly report to the annual statement of investment policy.
The pity's independent certified public accountant shall review and make recommendations, when
appropriate, regarding the pity of Arroyo rrande's investment policy.
d
Page 11
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.c.
Page 12
~
~ INC~RpORA~~~
~ I~EI~IoRANDUII~
c~
To; CITY DoUNIL
FROM: ANGELA I~RAETH, DIRECTOR of FINI~NDIAL ERVIE
UBJEDT: ADOPTION of oRDiNANE A~IENDiN THE ALIFORNII~ P~~L~D
EI~PLOYEE~ RETIREMENT YTEI~ ~P~R} oNTR~4T FOR THE
LoDAL NiIELLANEO~a I~ENIBER AND LoDAL POl~1CE
NlEI~BER
DATE: I~ARDH ~~08
REDo~IMENDAT~oN:
It i reco~nrnended the pity council adopt an ordinance of the pity council of the pity of
Arro o Grande authorizing an amendment to the contract between the pity and the
i ~ ~ ~ . + ~ ~
Beard of Adr~~n~strat~on of the al~fornia P~bl~c ~r~ployee Retirement yste~n for local
miscellaneous members and local police members.
FINANDIAL III~PADT:
The increased cost for the enhanced benefits i approxirnateiy 2,000. However, the
current Memorandum of Understanding ~MOU} with the service employees
International Union ~EIU} and the fide Letter of Agreement with the Arroyo Grande
Police officers' Association ~APDA} states that employees will pay 2.5°l0 of the
employee's PER contribution rate and the pity will pay the remaining percentage
~~.°lo for EIU and G.5~1~ for APDA}. Therefore, the employees will be paying
approximately ~ ~,OOO of the increased cost and the City will be picking up the
remaining $~,ooo.
BA~COROUND:
The attached ordinance was introduced, without modification, at the pity council
meeting of February ~G, 2008 The ordinance and contract change increases
retirement benefits for the Arroyo Grande Police safety ernpioyees to the °lo at 0
retirement plan and 2.°I~ at 55 retirement plan for Police non-safety and local
miscellaneous employees, This modification will be effective June 200.
As discussed at the February 20, 208 pity ounci~ meeting, the pity's annual
contribution rate for the Miscellaneous plan will increase by .~0~1~ end the Police plan
will increase by o~~lo. In addition, the employee contribution rate for the
Miscellaneous group will increase from 7'°lo to 810.
Agenda Item 8.d.
Page 1
lT~r~uNrL
11IiCD~~~ATI~N T~ CALPER GNTRAT
lI~ARC1~ 25, Z~~B
PACE 2
ANALYI GF It,JE:
This action impler~ent provision ~~.1A of the current MGU between the Ell.l and the
City of Arroyo Grande and provision 4.4A of the current fide Letter of Agreement with the
AGPGA and the City. Currently, the HERS ~°lo at age ~b~retirement plan is provided for
miscellaneous r~embers, with the City paying the 7"°lo employee contribution for PERK
retirement. Effective June gg8, the ~,°1o at 55 PEAS retirer~ent plan will be provided
to miscellaneous members with the employee contribution rate increasing to °l~. The
employees will pay ~.5~1~ of the er~ployee contribution rate with the City paying the
remaining ~.5°l~. Government Code section ~g474 requires a secret ballot election by the
employees affected whenever the contract is amended to provide benefit that changes
the employees' rate of contribution, in this case the n~isce!laneous empi'oyee rate is
increasing from 7~1o to 810. The election was held on March ~ 3, ~Oa~ Frith ~ g0°l~ approval
of th ose who voted .
The PERK 3°lo at age ~~-retirement plan i currently provided for police members, with the
City paying the °lo employee contribution for PERK retirr~ent. Effective June ~g08,
the ~°l~ at 0 PERK retirement plan will be provided to police members. The employees
will pay ~.~°l~ of the employee contribution rate with the City paying the remaining ~,~°l~.
ALTE~NATIIIE:
The following alternatives are provided for City Council consideration:
- Adopting an Grdinance to amend the PER contract;
- ~o not adapt the ordinance, which would require staff to renegotiate the
approved II~~U with EIIJ and the APIA;
- Provide direction to staff.
ADIIANTACE:
Ey approving the recommended enhanced benefits, the City will be Honoring the
agreement reached with the respective unions, !n addition, the enhanced benefits will
make the City more competitive with the surrounding cities when recruiting new
employees. This change crakes the City's retirement benefit plans consistent with t#~e
majority of Cities in the County and is being implemented with rr~inima! cost to the City
since employees will pay the largest share of the cost.
DiA~VANTAE:
The only disadvantage identified in relation to this recommendation is an increased cost
to the City and employees.
EN111RNMENTAL REVIEIIII:
Na environmental review is required for this item,
Agenda Item 8.d.
Page 2
CITY ~okJNCiL
~IODI~IAT~oN To GALPER ~oNTRAT
MARCH ~OD8
PAGE
PUBLIC NoTiFICATioN AND oNiMENT;
The Agenda qua posted in frond of pity Wall on Thurda~r, March 20, X008. The Agenda
and report v~ere posted on the City's ~reb~te on Friday, larch , BOOB. No public
comments ~rere received.
Agenda Item 8.d.
Page 3
ORDINANCE ND.
AN ORDINANDE OF THE DITY DOUNIL OF THE DITY
ARROYO GRANDE ACITHORI2INC AN AMENDMENT
T THE ~NTRADT EETIEEN THE DI~`Y AND THE
BARD OF ADI~INITRATION OF THE DALIFORNIA
PUBLIO EMPLOYEE' RETIREMENT YaTEM FAR
L~DAL I~~CELLANE~U I~IEMBER AND LORAL
P~LIOE MEMDER
I~VHEREA, the City of Arroyo Grande, bounty of San Luis Obispo, State of California
~"City"} is duly authorized and existing under the laws of said State; and
I~VHEREAt the Oity of Arroyo Grande has contracted with the Board of Administration
of the California Public Employees' Retirement System to provide retirement benefits to
the employees; and
~VHEREASt the City of Arroyo Grande wishes to adapt the provisions of Section
2~ b4.4 {~.5°l~ ~ 5b Full and Modified formula} for local miscellaneous members.
~f I~EREA, the pity of Arroyo rar}de wishes to adept the provisions of Section
~~~~~.2 ~~~lo ~ b0 Modified formula} for local police members.
N~VII, 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 amendr~ent being
attached hereto, marked "Exhibit", and by such reference rude a park hereof as
though herein set out in full.
2. The Mayor of the pity of Arroyo Grande is hereby authorized, empowered, and
directed to execute said an~endrent for and on behalf of said City.
3. This Ordinance shall take effect on April ~G, 20~~.
4. 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. 111Jithin fif#een ~~~}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
cf the full text of such adapted Ordinance.
Agenda Item 8.d.
Page 4
oRDiNAN~ No,
PA ~ ~
~n motion of o~n~i! ~lernber , seconded by ouncii lVlember
and on the following roll oal! vote, to Sri#:
AYES:
NOES:
ABSENT:
the foregoing ordinance ova passed and adapted this day ~00~.
Agenda Item 8.d.
Page 5
ORDINANOE NO.
PAO E 3
TONY FERRARA, MAYOR
ATTEST:
~CELLY IETMORE, QTY CLERK
APPROVED A TO OONTENT:
TE11EN ADAM, DITY MANAGER
APPROVED A TO FORM:
TIMOTHY J. DARNEL, DITY ATTORNEY
Agenda Item 8.d.
Page 6
~r
1~
E~F~~B1T
aiifornia
Public Employees' Retirement system
between .the
. Bo~.rd of Ac'i~~trt~.~r~
~ifr,~~ Pali ~~yees' Ret~i~ee~t ~~te~
ax~c~ the
i vux~ i
. ~ t~ ~ f Arr~~ r~a~c~e
The hoard of Adrninistratian, California Public ~rnployees' Retirement trnt
Y
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having. entered into ~ contract effective July
1 a, ~ 4, and v~ritnesed June ~ ~ 9~, and as amended effective September 1
19fit May ~4, ~ 978, July 4, ~ 980, June ~4, ~ 988, February 2, ~ 999, ctob~r ~ ~x 1989,
Sep#er~ber 8, X900, January 4, ~a0~, July , 2a04, December 1, 2994 and June a,
~aaG which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as falla~s: .
c
A. Paragraphs ~ through ~ 2 are hereby stricken from said contract as executed
effective June 9, 09fi, and hereby replaced by the foliovuing paragraphs
numbered 1 through 14 inclusive;
1, All ~rords and terms used herein vtirhich are defined in the Public
Employees' Retirement Lava shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age for local miscellaneous rnernbers; age ~ for local ire
members and age o for local police members.
_ Agenda Item 8.d.
Page 7
` ~wr/ 1 "1.J MM ~ii ~ ~Fr ~ I ~d i I~~ ~ ~ F~..wt~ ~ ? . , , ~
Public Agency shall participate in the Public Employees' Retirement
System from and after ~.luly 1 D, 1954 making its, employees as hereinafter
provided, members of said System subject to all provisions of the Public
~rr~ployees' Retirement Law except such a apply only on election of a
contracting agency end are not provided far 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.
~rnployees of Public Agency in the fallawing classes shall become
rner~bers of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Laval Fire Fighters therein referred to as lace! safety members};
b. Lacs! Police officers therein referred to as local safety r~ernber};
c. Employees other than local safety members herein referred to as
local miscellaneous members}.
4. in addition to the classes of employees excluded fror~ membership by
said Retirement Lava, the following classes of employees shall not becar~e
members of said Retirement System:
a. EMPLOYEES OI~PENAT~D aN AN SOURLY ~Af; AND
b. ELECTED OFFEiAL. .
5. The percentage of final compensation to be pravided far each year of
credited prior and current service as a local rrricelJaneous member in
empioyn~ent befare and not on or after the effective date of this
amendment to contract shall be determined in accordance uvith Section
354 of said Retirement Law subject to the reduction pravided therein for
Federal Social Security ~2~1o at age 55 ~Ilodi~ed and Full}.
The percentage of final compensation to be pravided for each year of
credited prior and current service as a local miscellaneous member in
employr~ent on or after the effective date of this amendment to contract
shall be determined in~ accordance with Section ~ 1354.4 of said
Retirement Lau subject to the reduction pravided therein far Federal
Social Security ~~.°lo,at age lUlodffied and Full}.
Agenda Item 8.d.
Page 8
5
M 1J/18
A i. ?h. {wW Kr'
7. The percentage of final compensation to be provided for each year of
credited prior and current service a local police member shall be
determined in accordance v~rith Section of said Retirement ~.av~
subject to the reduction provided therein for Federal Social Security ~°lo at
age o Modred}. .
The percentage of final corr~pensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance v~ith Section fi.1 of said Retirerr~ent Lam
subject to the reduction provided therein for Federal Social Security ~°lo at
age 5 Modified}~
Public Agency elected and elects to be subject to the fvlloing optional
prov~~ons:
a. Section ~~~~2.~ ~~ne~T~me 5°lo Increase ~ 9~0}, Leg~slatlon
repealed said Sect'rvn effective January x,1980.
b. Section credit for Unused Sick Leave},
c. Section ~102~4 Military Service credit as Public Service}.
d. Section 2~ 0~ ~Miiitar Service credit for Retired Persons}.
e. Section X0042 ~~ne-Year Final ~ornpenation~.
f. Section 2~~48 Pre-Retirement option 2 Death Bene~t~ for local
miscellaneous members.
'l Public Agency, in accordance pith government bode Section 2090,
ceased to be an "employer" for purposes of Section 2084 effective on
July ~ 4, 190. Accumulated contributions of Public Agency shall be fixed
and determined as provided in overnrnent bode Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided i'n government bode Section X0834.
~ ~ , public Agency small contribute to said Retirement stem the contributions
Y
determined by actuarial valuations of prior and future service liability v~rith
respect to local miscellaneous members and local safety members of said
Retirement System.
. Agenda Item 8.d.
Page 9
i
Public Agency shall also contribute to said Retirement System s follows: ,
A reasonable amount, as fixed by the ~aard, payable in one
installment within 0 days of date of contract to cover the costs of
administering said System a it affects the employees of Public
Agency, not including the casts of special valuations ar of the
periadic investigation and valuations required by law.
b. A reasonable arr~ount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the casts of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required bylaw.
Contributions required of Public Agency and its rnplayees shall be
subject to adjustrr~ent by Board on account of amendments to the Public
Employees' Retirement Laver, and on account of the experience under the
Retirement System a determined by the periadic investigation and
valuation required by said Retirement Law,
~ 4. Contributions required of Public Agency and its eployees 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 maybe prescribed
- by hoard regulation. If more ar less than the correct amount of
contributions i paid far any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments an account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Doard.
B, This amendment shall be effective an the ~ day of
BARD F ADN1lNlSTRATI~N . ~ CITY COUNCIL
PUBLIC EI~PL~YEE' RETIREMENT SYSTEM CITY ARR~YC GRANDE -
.
BY ~ ; ~Y i,
LORI I~CAR~'[~~f`'CI~IEF PREIDIN ~FFIE~~'`
EMPLYEF~~~RICES D1111SIN ~ ~~~4~~~~`.
y ~
PUBLIC EIIPL~YEES' RETiREN1ENT SYSTEM '
- ~ ~
.
vl~i~iss Date
Attest:
Clerk
AMENDMENT ER X545
PERS~CON-l~~A ~Reu 1 ~1~5~
Agenda Item 8.d.
Page 10
MINUTE
PEC~AL MEETING OF THE CITY COUNCIL
TUE~AY, FEBRUARY ~s, Laos
COUNCIL CHAMBERS, 5 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL GALL:
Mayor Ferrara called the meeting to order at 5:15 p.m. Council Member Jim Guthrie,
Council Member Joe Costellor Council Mer~ber Ed Arnold, City Manager Steven Adams,
and City Attorney Timothy Carmel ~vere presen#. Mayer Pro Tem Cluck 1=ello~us eras
absent.
2. PUBLIC COi~I~ENT:
None.
3. CITY COUNCIL GLGSED SESSION:
a. CONFERENCE KITH LEGAL COUNSEL - E~iTINO LITIGATION pursuant to
government Code Section 54855.9:
Name of Case: Manfred Fruetel, Trustees, et al v. City of Arroyo Grande, et al
San Luis Obispo Superior Courst Case No. CV980~45
b. CONFERENCE VI~ITH LABOR NEGOTIATOR pursuant to government Code
Section 54857.5:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association ~APOA}
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there gas no reportable action from the closed session.
5. ADJOURNMENT:
The meeting vuas adjourned at 5:58 p.m.
Toni Ferrara, Mayor
ATTEBT:
l~eil~ INetrrrore, City Clerk
~Appraved at GC ~Iltg }
Agenda Item 8.e.
Page 1
MINUTE
REGULAR MEETING GF THE CITY COUNGILIREDEVELGPNfENT AGENCY
TUESDAY, FEERUARY 2G, 208
G~tJNDIL DHAMBERS, 215 EAST BRANG~I STREET
ARROYO GRANDE, CALIFORNIA
1. GALL TO oRDER
MayorlChair Ferrara called the Regular City CauncilfRedevelapment Agency meeting to order at
~:a~ p.m.
2. RILL GALL
City Council: CouncillBoard Members Ed Arnold, Jim Guthrie, Joe Costello, and
MayarlChair Tony Ferrara were present. Mayor Pro Tem~Vice Chair Chuck
Fellows was absent.
City staff Present: City Manager Steven Adams, City Attorney Tim CarrrMel, Director of
Administrative Services~City Clerk i'Celiy Uvetmore, Director of Financial
Services Angela Kraetch, Director of Public Vl~orks Dan Spagnala, Director
of Community Development Rab Strang, Director of Building and Fire Mike
Hubert, and Director of Parks, Recreation and Facilities Doug Perrin.
. FLAG SALUTE
Members of American Legion Post No. '13fi led the Flag Salute.
4. INVOGATI~N
Pastor Robert Underwood, First United Methodist Church, delivered the invocation,
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring Recognising February 2~, 208 a "Spay Day USA".
Mayor Ferrara presented an Honorary Pracfamatian recognizing February 25, ~~~8 a Spay Day
USA. Darryl Sisk accepted the Proclamation on behalf of the Feline Network.
.b. Honorary Proclamation Declaring Recognizing February ~QOB as "MDA Firefighter
Appreciation Month".
Mayor Ferrara presented an Honorary Proclamation recognizing February 2gD8 as MDA Firefighter
Appreciation Month. Donald Schultz, representing the MDA, and Patrick lrey, representing the
Arroyo Grande Fire Department accepted the Proclamation. .
~.c. Honorary Proclamation Recognizing Ella Honeycutt for Her Years of Service to the
Goatai San Luis Resource Conservation District,
Mayor Ferrara presented an Honorary Proclarr~ation recognizing Ella Honeycutt for her years of
service to the Coastal San Luis Resource Conservation District. Ms. Honeycutt accepted the
Proclamation. Neil Havlik, CLRD President, commended 1111s. Honeycutt on her institutional
knowledge of the arganizatian, thanked her far her service, and recognized her husband, Stan
Honeycutt for his knavuledge and support.
Agenda Item 8.e.
Page 2
l~inufes: City ~our~~lflRedeveloP~rerr~ Agency Nlee~ing Page ~
Tuesday, February ~G, ~~~8
8. AGENDA RE11lE1N
G.a. ordinances Read in Title ~nl~.
Council Member Costello moved, Councia Member Guthrie seconded, and the motion passed
unanimously that all ordinances moved fcr introduction ar adoption at the meeting shall be reed in
title only end ell further reading be waived.
ITI~EN' INPUT, ~~MI~ENT, AND UCETION
Tim Brown, Allen tree#, expressed appreciation to Ella Honeycutt for her dedication to the
preservation of natural resources in the community and thank her far ail her work on the Coastal
fan Luis Resource Conservation District Board.
Dou Tait, Asila, also thanked Ella Honeycutt for her hard work and far being an advocate far open
space and can~ervation.
8. CONSENT AEIVDA
Mayor Ferrara invited members of the public who wished to comment an any Consent Agenda Item
to do so at this time, No public comments were received.
Ac#~on: Council Member Cos#ello moved, and Council Member Arnold seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the recommended courses of action. The
motion passed on the fallowing roll-call vote:
AYES; Costello, Arnold, Guthrie, Ferrara
NOES: None
ABSENT: Fellows
8.a. Cash Disbursement Ratification.
Ac~, tin: Ratified the listing of cash disbursements for the period February ~ , ~aa8 through
February ~gDB.
8.b. consideration of statement of Investment Deposits.
Ac,~: Received and filed the report of current investment depasi#s as of January ~ , X008.
8.c. Donideration of Approval of I~linute~.
Ac~tio~n: Approved the minutes of the Bpecial City Council Meeting and the Regular City
Council h~leeting of January 2~, 2408, a submitted.
8.d. Donsi~eration of Appointment of pity Council Crisco RoadlHalcyon Road-Route ~
Interchange Project uhcommittee.
Action: ~ }Approved formation of a City Council subcommittee tv coordinate with staff and
repack back to City Council regarding efforts related to the Brisco Road~Halcyan Road -
Route ~4~ Interchange Improvement Project; and 2} Appointed Mayor Ferrara and Council
Member Arnold to the subcommittee.
8.e. consideration of a settlement Agreement with Insurance Company of the 1~llest in the
amount of ~,40.0o for Donstruction Defects to well No. 1D, Phase 1 Project, PVII
244-07.
Ac=: Authorised the Mayor to sign an agreement Frith Insurance Company of the Vllest in
the amount of 87,4~~.4g for construction defects to the vUell Igo. ~ 0, Phase I Project, Plly
244407.
Agenda Item 8.e.
Page 3
~inr~tes: ~fy our~ci~lRedevelop~nenf Agency flee#ing Page 3
Tuesday, February 208
8.f. Consideration of a Consultant Services Agreement with Boyle Engineering
Corporation for the Design of the Fair yaks Avenue Sewer Upgrade Project, PV~f ~4a7-
Action:1 }Approved an Agreement with the Boyle Engineering Corporation in the amount of
37,74fi far the Fair Oaks Avenue Surer Upgrade Project, PvU 2007-0~; and Authorjzed
the Mayor to execute the Agreement.
8.g. Consideration of a Program of Projects for the City of Arroyo Grande's FY X007-D8
Share of Proposition ~ B Funds.
Action: 1} Approved a program of projects for the City of Arroyo Grande's FY 20~7,~8
share of Proposition 1B funds; and 2} Directed 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 far
the Part dime Office Assistant II Position.
Ac=: Adapted Resolution Na. 4D?3 a folkov~rs: "A #~~~L~1Tl~~I ~F SHE QTY
0~1~C~~ T~ CITY ~F ARROYO ORANGE ~T?4BLlFII~ A JAB ~,ECI41PT1O1~
ANO SALARY RA~fOE FOR THE PART Tl1~E OFFICE Af~TA1VT J! POSE TlON".
8.i. Consideration of a Resolution Approving Application for Land and Vl~ater
Conservation grant Funds for the Meadow Creek Path Connection Project.
Act: Adapted Resolution No. 404 as follows: "A REOL[JT1O1V OF THE C1TY
CO ClI~C~L T~~ Cf TY OF ARROYO GRANDE A PPR01111V F!Ll~f 0 OF A lV
APPLICA T~O~ FOR LA's AND ~IVATE'R CO~VER~IA T~OIV GRANT FUNS] FOR Thf~
~lEADOIN DREEfC PA TN CONFECTION 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.
Action: Approved an Agreement with Tierra West Advisors far preparation of an Affordable
Hauling In-Lieu Fee Nexus Study in an amount not to exceed $~~,5ga,
8.k. Consideration to Approve Construction Plans and Specifications for the James 1Nay
Rehabilitation Project, Pw
Act: ~ ~ Approved the construction plans and specifications for the James Vlfay
Rehabilitation Project, PvU ~~07-Ofi; Found that the James vVay Rehabilitation Project is
categorically exempt from CEQA pursuant to section 15301 ~o}; and 3} Directed the City
Clerk to file a Native of Exemption.
9. PUBLIC HEARING
None.
~ 0. CONTINUED BUINES fTEI~S
~ O.a. Consideration of City Policy and Regulations Regarding Placement of Basketball
Hoops in the Public Right of 1Nay.
Council Member Arnold stated that he had spoken with the homeowner who brought this issue to
his attention, and after extensive discussions with the City Attorney, he stated there were still many
unclear issues to be evaluated regarding placement of basketball hoops in the public right-of-~rvay.
He recommended the Council continue the item to a date uncertain.
Agenda Item 8.e.
Page 4
N~tr~utes: ~~fy ounci~IRedeweloprr~ent Agency Nleefin Page 4
Tuesa~ay, February ~6, 208
Act: Council Merr~ber Arnold moved to delay consideration of pity policy and regukations
regarding placement of basketball hoops in the public right of way to a date uncertain, with the
understanding that the City's current policy will remain in place. council Member o~tello
seconded, and the motion passed on the following roll call vote:
AYES: Arnold, o#ello, Guthrie, Ferrara
1V~ES: None
ABSENT: Fellow
~ ~ . NEW BUSINE ITEMS
1~.a. consideration of Final Year Z~o~-o8 I~lid-Year Budget Report.
[~~~JNCIL~RDA~
Financial Services Director Kraetsch presented the staff report and recommended the council: 1~
Approve detailed budget adjutment listed in the Mid-Year budget report; Approve Schedules A
and and } Approve Deny} requests far additional appropriations in the general Fund. Director
Kraetch responded to quetion from ouncilfBoard Member Guthrie concerning property tax
revenues.
Mayor hair Ferrara invited comments from those in the audience who wished #o be heard on the
matter, and upon hearing no public comment, he closed the public comment period.
CouncillBoard Nlernber comrrwents included acknowkedgement that the budget is tight; concern
about future revenue; acknowledgement of taff'~ team effort in managing budget expenditure;
and support far the Mid-Year Budget Report.
Act: ouncil~Board Member Costello moved to approve detailed budget adju~tment~ listed in
the Mid-Year budget report; approve Schedules A and B; and approve requests for additional
appropriatian~ in the general Fund. ouncil~Board Member Guthrie seconded, and the notion
passed on the following roll-calk vote.
AYES: Costello, Guthrie, Arnold, Ferrara
NDEa: None
ABSENT: Fellows
~~.b, onideration of Il~odification to California Pu~lio Employee' Retirement System
~PER~ ontraot forthe Local ~licelianeou I~en~~ers and Local Police Members.
Finance Director Kraetsch presented the staff report and recommended the Council: ~ }Approve
and au#horize the Mayor to sign on behalf of the pity a Resol~,tion of intention to amend the
contract with the California Public Er~playee' Retirement System for Local ~Iliscellaneous
Members and Local Police Members; and 2} Introduce an ordinance amending the contract with
the akifornia Public Employees' Retirement System for Local I~Iliscellaneous Members and Local
Police Members.
Mayor Ferrara invited comments from those in the audience who wished to be heard vn the matterr
and upon hearing no public comments, he closed the public comment period.
Agenda Item 8.e.
Page 5
Minutes: C~#y Goun~illRedevefvpmerr# Agency Meeting Page 5
Tuesday, February Zfi, ~~~8
Ac=: council Member uthri~ moved to approve and authorize the Mayor to inn on behalf of
the City a Resolution of Intention to ar~end the contract with the California Public Employees'
Retirement System for Laval Miscellaneous Members and Local Police Members. Council Member
Costello seconded, and the motion passed on the following roll-cal! vote:
AYEa: Guthrie, Costello, Arnold, Ferrara
IVES: None
ABSENT: Fellows
Action' Council Member Guthrie moved to introduce an ordinance as follows: "AIV ~RDl1~A~fC~
~F Tl~~ QTY ~LI1VlL ~F ~H~ ~f TY ~F A#~ROY~ R?4NDE AM~NDI~VC T~#~ ~~VTRA T
VVIT~I THE ~A~L~F~I~~A P[lBLf ~ ~NlPL~Y~~' 14~TlF~~M~~VT ~YTfM FAR L~~IL
M~~~~~4E~~l M~MB~R A1~D LOCAL P~L1E N1~1111B~h Council Member Costello
seconded, and the motion passed an the fallowing roll-call vote:
AYES: Guthrie, Costello, Arnold, Ferrara
NHS: None
ABSENT: Fellows
1 ~ .c. Consideration of Joint Fire services Agreement vuith the pity of drover Beach and
~ceano Community Services District.
City Manager Adams presented the staff report and recommended the Council approve the
proposed Agreement for Joint Fire Management, Administrative, and Training Services and
Equipment Sharing between the City of Arroyo Grande, City of Graver Beach and ~ceana
Community Services District. Chief Hubert briefly explained how the personnel and financial
administrative functions would be allocated among the agencies
As a member of the Fire Gversight Committee, Council Member Costello commented on haw
pleased he was at the level of professionalism and cooperation that has been seen between the
two cities up to this point; there is a higher level of training; response times and efficiencies are
improving; and the level of preparedness in general is higher. He stated this is a wonderful
opportunity to include the ~cesno Community Services District fire safety personnel as they have
been partners in training far the past severs! years.
Mayan Ferrara invited comments from those in the audience who wished to be heard on the matter.
Jiro Hill, representing BCD Board of Directors, spoke in support of the proposed Joint Fire
Services Agreement and acknowledged the people who have worked hard toward this effort.
Upon hearing no further public comments, Mayor Ferrara closed the public carnrnent period.
Council comments included support for the Agreement and far further expanding the consolidation
efforts by including OCSD in the Agreement.
Agenda Item 8.e.
Page 6
Nlinu~e: i#y ourrciUl4edeveroprnen~ Agency N)eeting Page 6
Tuesday, February 2fii ZpDB
Ac~; Council Member Arnold moved to approve the proposed Agreement far Joint Fire
Management, Administrative, and Training services and Equipment Bharing between the City of
Arroyo Grande, City of drover Beach and ~ceana Community Services District, Council Member
Arnold seconded, and the motion passed an the following roll-call vote:
AYES: Arnold, Guthrie, Costello, Ferrara
NoEB: None
ABSENT: Fellav~rs
12. CITY COUNCIL REPORT
a. MAYOR TONY FERRARA:
} fan Luis Obispo Council of Oovernmentslan Luis ol~ispo Regional Transit
Authority {LOCOC~SL~RTA~. Nothing new to report from LQCQ~; referred to
the establishment of the BriscolHalcyonl~a1 Interchange Project subcommittee that
was approved tonight and noted that the ubcommlttee would have its first meeting
soon. LORTA's next meeting is March ~t~; will continue to address bus
maintenance and route service issues.
youth Ban Luis Obispo County sanitation District {SBLOCSD~. Plant is operating
fine.
{3~ other. None.
MAYoR PRO TEM CHLfC~ FELL~IN: {ABSENT
} youth County Mouth Coalition. None.
{2} CountyV~fater Resources Advisory Committee ~1NRAC}. Nave.
{3} other. None.
c. COUNCIL MEMBER JOE COSTELLD:
~ Zone 3 ~Ilater Advisory Board. No report.
{2} Air Pollu#ion Control District {APCD~. No report.
{3} Fire oversight Committee. Referred to Joint Fire Services Agreement that was
approved earlier in the meeting,
{4} Fire Consolidation oversight ComrrEittee. No report.
other. None.
d' COUNCIL MEMBER J1M UTHRIE:
Bouth County Area Transit {SCAT}. Na report.
California Joint Pov~rers Insurance Authority ~CJPIA~. Na report.
{3~ other. None.
e. COUNCIL MEMBER ED ARNOLD:
Integrated Vl~aste Management Authority Board {IVVMA~. No report. Next meeting
is in two weeks.
Economic ~litality Corporation {EVC. Attended EVC seminar entitled "Disaster
Preparedness far Businesses"; a video will be available through the EVC vuebsite,
www.sloevc.org in about a month.
Other. Mane.
Agenda Item 8.e.
Page 7
Minutes: ~l~y Councllll4edeve~opmenf Agerr~y Mee#~ng Page ~
Tue~~fay, February ~6, ~~08
CITY ~oUNIL MEMBER ITEM:
a. Request to reconsider trey species proposed in the E. Branch Streetscape Project and to
solicit additional Village business o~rner input and participation.
N~ayor Ferrara requested, and the Council concurred, to reconsider the tree species proposed in the
E. Branch treetscape Plan in order to solicit additional public input concerning the types of trees
that are appropriate for the Village.
14. CITY MAMA ER ITEM:
None.
~ 5. COUNCIL ~~MMUNIATI~NB:
Council Member Arnold reported that the Destination Imagination {QI} competition took place last
Sunday at the Ciar~C Center and ten teams from Ocean View Elementary will be attending the State
competition. He thanked all the volunteers involved with the DI program, including Maggie
hummers.
Mayor Ferrara gave a brief report on the Joint Meeting recently held by the Cities of Grover Beach,
Arroyo Grande, Pismo Beach, and ~ceano Community Services District regarding the homeless
issue and a potential strategy for addressing the issue in South County. He stated the County had
established a Leadership Committee and ~ 0-Year Plan and the Council Member Fellows had
expressed an interest in serving on the Committee. Council Member Guthrie stated he may be
interested in serving an the Committee also. ~Jpan brief discussion, staff was directed to place an
item on a future agenda for the appointment of two Council Members to the County's Leaders#~ip
Committee.
~ G. STAFF C~II~IMUNICATI~N:
None.
oMMUNITY CQMMENT AND l.ICETIDN:
None.
18. AD,1~~lRNMENT
MayorlChair Ferrara adjourned the meeting at 8:15 p.m.
Tony Ferrara, I~ayorlChaEr
ATTEST:
Melly Wetmore, City clerk
{Approved at CC Nltg ~
Agenda Item 8.e.
Page 8
MINUTES
REGULAR I~EETIN~ ~F THE CITY COUNCILIREDEVELOPMENT AGENCY
TUESDAY, MARCH ~ 2108
COUI~ICIL CHAMBERS, EAST BLANCH STREET
ARROYO GRANDE, CALIFORNIA
CALL TO ORDER
Mayor Pro Tem~Vice Chair Fella~vs called the Regular City CouncillRedevelopmentRgency meeting
to order at 7.~1 p.m~
2. RILL CALL
City CouncillRDA: Councii~Board Members Ed Arnold, Jae Castello, and Mayor Pro Tern~Vice
Chair Chuck Fellows ~rere present, ayorlChair Tany Ferrara and
Council~Baard Mernber Jim Guthrie u~ere absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Cannel, Director of
Administrative erviceslCity Clerk Kelly Wetmore, Director of Financial
services Angela Kraetsch, Director of Public I~Ilarks Don Spagnola, Director
of Parks, Recreation and Facilities Daug Perrin, and Associate Planner ,dim
Bergman.
3. FLAG SALUTE
Charles Ho~rell and Aimee Clayton, representing the Veterans of Foreign 1lvars, led the Flag Salute.
4, INIIOCATI~N
Pastor Randy Ouimette, St. John's Lutheran Church, delivered the invocation.
PECIAL PRESENTATIONS
~.a. Honorary Proclamation Recognising the California Children's outdoor Bill of Rights.
Mayor Pro Tem Fello~rs presented an Honorary Proclamation recognizing the California Children's
Outdoor Bill of Rights and encouraged children's participation in outdoor activities throughout the
year. Director of Parks, Recreation and Facilities Perrin accepted the Proclamation and provided
an avervie~v of the City's available parks and recreation activities.
fi. A~ E N CA R Elll El~lf
G.a. Ordinances Read in Title Only.
CouncillBoard Member Costello moved, Council~Board Member Arnold seconded, and the motion
passed unanimously that all ordinances presented at the meeting shall be read in title only and all
furkher reading be u~aived.
7. CITIZENS' INPUT, COMMENTS, AND SUOESTIONS
None.
8. CONSENT AGENDA
Mayor Pra Tern Fellov~rs invited members of the public ~rha ~rished to comment on any Consent
Agenda Item to da so at this time, There vuere na public comments received.
Action: Council Member Costello moved, and Council Member Arnold seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., v~rith the recommended courses of action. The
motion passed an the folla~ving ro11-call vote:
Agenda Item 8.e.
Page 9
~ir~~tes: icy o~nciURedevelo~ment Agency N1ee#irr~ Page ~
Tuesday, A~arch 7 208
AYES; Costello, Arnold, Fellows
NOES: None
ABSENT: Guthrie, Ferrara
8.a. Cash Disbursement Ratification.
Ac~ ti0n: Ratified the citing of cash disbur~ement~ far the period February ~ ~0~8 through
February 2, 2008.
8.b. Consideration of Approval of Minutes.
Ac=: Approved the minutes of the peaial pity Council Moeting of February ~ 2008 and
the Regular City CouncillRedevelopment Agency Meeting of February 1 20D8,
submitted.
8.c. Authorization to Reject Claim Filed Against pity - claimant: P. Mcl~ibben.
Action: Rejected the claim and authorized the City Clerk to send a standard rejection letter
to the claimant a recommended by the City's Claims Administrator, Carl vl~arren &
Car~pany.
8.d. Consideration of City Council Appoin#ments to the Leadership Council for the San
Luis Obispo Countywide ~0-Year Plan to End Chronic Homelessness.
Ao=: Appointed Mayor Pro Tem Fellovus and Council Member Guthrie to the Leadership
Council for the San Luis Obispo Countywide ~ 0-Year Plan to End Chronic Hornelesness.
S,e. Consideration of Extension urrith ACiP Video for Cablecasting of City Council and
Planning Commission Meetings and Funding for Monthly Public Education Programs.
Act: ~ }Approved an Agreement with AGP Video for cablecasting of City Council and
Planning Commission meetings; Appropriated $1,000 from the Public Education and
Government PEG} Access Fund far development of a monthly City public education
program; and 3} Appropriated $3,000 from the PEG Access Fund for consultant services as
necessary to address system technical problems.
8.f. Consideration of 3-Month Extension of Transient Occupancy Tax Revenue Sharing
Agreement for the Hampton Inn & Suites Hotel Project.
Act; Approved and authorized the Mayar to execute a 3-month extension of the
Transient Occupancy Tax TOT} agreement with Arroyo Hotel, LLC for the Harnpton inn &
Suites hotel project.
8.g. Consideration of Authorization to Use City Property and Close City Streets for the
Annual Arroyo Grande Strawberry Festival on May 24 and ~5, X008 and the Annual
Strawberry Stampedes Temporary Use Perrr~it No. 08-001.
Act. Adopted Resolution No. 4Q76 as follows. "A R~OLUTION OF T~#~ CITY
OO#JNCIL OF Tf~~ CITY OF ARROYO CRAIVD~ AUTf~OR1ZIN THE C1~ OF CITY
PROPERTY AND ~LOCIRF OF CITY TRFRT FOR TIDE ANIVLfAL ARROYO ORAND~
TRA INB~RI4Y FESTIVAL OIV I~lA Y ~4 AND 2~, 2~~8 AIVD ~N~ ANN~IAL
TRA INB~RRY TAI~P~D~ ON N!A Y ~5~ ~~~5„
8.h. Consideration of a Consultant Services Agreement v~rith the Vllllace Croup for the
Design of the Pressure Zone Connection Project, Pw X008-0.
Action: ~ }Approved an Agreement with the vllallace Group in the amount of $fi, ~ 0 to
design the Pressure bane Connection Project, PU1~ 208-03; and Authorized the Mayor to
execute the Agreement.
Agenda Item 8.e.
Page 10
Nl~nu~e~: r'ty ~our~cillJ4edevelap~ner~t Agency N~ee~r'ng Page 3
Tuesday, I~arcJa ~ 2~Q8
8.i. Consideration of Acceptance of Improvementa for the PCE Park Ride Lot at 1Neat
Branch street and Dld Ranch Read, Project PIS ~a0~~11 .
Act: ~ }Accepted the earthwork improvements as constructed by Burke Corporation;
2} Accepted the electrical improvements as constructed by Lee 1lviison Electric Company,
Inc.; } Directed staff to file a Notice of Completion; and 4} Authorized release of the
retention for both contractors, thirt}r-five days after the Notice of Completion has been
recorded, if no liens have been filed.
8.j. Consideration of Acceptance of the I~asonfNelson AUA Ramp Replacement Project,
Pvl~ ~Q47-Q1
Action: ~ } Accepted the project improvements as constructed by California Coastal
Development, Inc. in accordance with the plans and specifications far the Masan~Nelsan
ADA Ramp Replacement Project; Directed staff to file a Notice of Completion; and 3}
Authorised release of the retention, thirky-five fib} days after the Notice of Completion has
been recorded, if no liens have been filed.
g. PUBLIC HEARING
None.
10. C~NTiNUED BUINE iTEl~S
None,
11. NEVV BUINE ITEll~ls
11.a. Consideration of Entry Sign Replacement an East brand Avenue and Traffic 1Nay in
Cooperation with Arroyo Grande in Bla~m. [CC~RDA]
Associate Planner Berman presented the staff report and recommended the CouncillRDA Board of
Directors: 1 ~ Authorize the replacement of two existing entry signs an East brand Avenue and
Traffic vllay; Approve a contract with Tom Reding at a cost not to exceed the amount of ,OOa to
produce the entry signs; and }Appropriate 3,OQ~ from the Redevelopment Fund for this project.
Discussion ensued concerning whether there was enough room in the design of the proposed entry
signs for posting al! the service club signs; clarification that the two entry signs would be the same
design in bath locations; the use of a better quality stone or faux stone in the new entry signs; and
the donation of the existing signs to the South Caunt~r Historical Society.
Mayor Pro Tem Fellows invited comments from those in the audience who wished to be heard an
the matter, and upon hearing na public comments, he closed the public cornrnent period.
Ac~ tior~: ouncillBoard Member Castello moved to: 1}Authorize the replacement of t~vo existing
entry signs an East Crand Avenue and Traffic 1JVay; 2} Approve a contract with Tom Reding at a
cast not to exceed the amount of ~,0~0 to produce the signs; and } Appropriate 3,OOg from the
Redevelopment Fund far this prajec#. CauncillBaard Member Arnold seconded, and the motion
passed on the following tall-call vote:
AYES: Costello, Arnold, Fellows
NEB: None
ABSENT: Cuthr~e, Ferrara
Agenda Item 8.e.
Page 11
N1~nu#es: Cr'~y ~~~rnc~llRedevefopr~en~ ~4gerrcy ~leefing Page 4
Tuesafay~ 1~arch ~ 208
~2. CITY C~Uf~CIL IUI~I~II~~R IT~I~I
None.
1 . CITY MANA~R IT~I~I
None.
1~. COUNCIL CDI~MUNICATI~N
None.
1 STAFF C~MMUNICATI~N
Nine.
~ C~I~I~UNITY CDI~M~NT ANQ ~lFTI~N
None.
1l. ADJ~URNM~IVT
N~ayor Pro TemlVice Chair Fe~lov~r a~~aurned the meeting at 7:24 p~m,
Chuck Fellov~ra, Mayor Pro Temfllloe Chair
ATT~T;
I~eI~ylNetr~ore~ CityClerklAgenoy eoretary
Approved t CC Mtg ~
Agenda Item 8.e.
Page 12
~
~ iNCORP4RA~ED
~ MEMO~i
c~
~ JI~LY l0, i~ ~ 1 ~
#fQ~
To: CITY o~~V1L
FROM: ~oN SPANOLO, ~IRETOR oF' PE~BLI VVo~K I QTY ENII~EER
BY. EVAN LARoN, AISTANT ENGINEER
SUBJECT; oNI~ERATION OF AN AVIfARD of ~oNT?T FoR
oNTRUTION of THE EAST BRANCH E'~VER LINEN PROJECT,
PIN ~~OS~41
DATE: 1ARH 20D~
REoMI~ENBATION:
It i recommended the pity council:
A, award ~ const~,ction contract for the East Branch Street Sewer Lining Project to
Southwest Pipeline Trenchless, corp. in the amount of 84,9G for the base
bid and ~4,g~ 9 for Bid Schedule A far a total contract amount of ~ og,Sb, and
authorize the pity Manager to approve change orders not to exceed the 8.5°l0
contingency of ~ ~ 4.OO for unanticipated costs during the construction phase
of the project total construction costs = 84,93fi.oo + $4,919.00 + ~ o, ~ 4.00
~ ~o,ooo.oo}.
FINANCIAL II~PAT:
The total estimated cost of the project is ~~D,ooO.oo, v~rhich includes design,
construction and testing. The FY ~oo~I~o08 capital Improvement Progrr~ includes
~ ~o,ooo.oo for the total cost of the project, wf~ich is funded from the Sewer l*und.
BAKROUND:
~n February Z8, ~oo~, three bids were received for the Bast Branch Street Sever
Lining Project. The lowest responsive bid, from Southwest Pipeline Trenchless,
corp., was in the amount of 4,.9o to install lining in seven sewer lines on the norkh
side of East Branch street, between ~ 4 vVest Branch ~Ilillage ~raming~ and the Tally
l-lo reek bridge. The project also included two alternative bid schedules. Bid
Schedule A is for work between ~ Bast Branch Salon 1 } and Mason Street. Bid
Schedule B i for lining between Bridge Street and tl~e 12 East Branch ~Ilillage Antique
Mart}. The base bid and associated schedules are listed in order of relative priority,
based on video inspections and staff recommendation, Project funding provides for the
award of the base bid and bid schedule A.
Agenda Item 8.f.
Page 1
CITY COUNCIL
CoNSI~ERATION of AN AI~VARD of CONTRACT FoR CoNaTRUCTION of THE
EAST BI~ANH SEVER LINING PROJECT, PVV ~~08-01
~IARC~f 25~ ~oDB
PACE-~~
The contract time for this project is specified at ~ calendar days. UVvrk is expected to
begin in mid April ~o~ and be cor~pleted by early flay ~og8.
ANALYSIS of II,~E:
fihe existing sewer line has deteriorated and in need of repair. Based on video
inspection, the line is able to be repaired in place. A majority of the sewer dines v~rithin
the work limits are below the existing sidewalk and in front of businesses. Conventional
construction to excavate and replace the existing surer main i expensive and ~rould
require closing the sidewalk and access to businesses.
ALTERNATIVE:
The following alternatives are provided for the Councils consideration.
• Award a contract for the Base Bid and Bid Schedule A to Southwest Pipeline &
~'renchless, Corp. for the East Branch Bewer ~.ining Project;
• Award the contract for the base bid, but exclude Bid Schedule A;
• loo not award the contract;
• Provide direction to staff
ADVANTAGES:
The proposed project provides for rehabilitating the sewer lines through manhole
access. The uvork i scheduled to occur at night when most businesses are closed.
Awarding Bid Schedule A will provide for rehabilitating the most surer line within the
allocated funds. The sidewalk will not be destroyed and trenching gill not occur in front
of businesses ever an extended period. Pedestrian access restrictions will b
minimized.
DISADVANTACE:
fihe inclusion of Schedule A in the contract award will not provide the normal 14°l0
contingency desired, but ~.~°Ia. Based on prices from previous lining projects the
contingency can be reduced below the traditional ~0°lo without effecting the project. 1'he
two establishments v~rithin the nark zone open after 10;0 PM may close earlier than
normal during construction directly in front of their business. Staff has coordinated with
the establishments to minimize ir~pact. Bid Schedule B gill not be incorporated into the
work and repairs will be made at a future date.
ENIIIRONl~ENTAL REVIEW:
The project is categorically exempt from CEC~A pursuant to Section 150 ~b}.
Agenda Item 8.f.
Page 2
CITY oUlVll
ONIDERATION of AN AWARD of oNT~AT FoR ohIaTRUT~oN GF THE
EAST BRANCH SEINER LINING PRoJET, PIN ~~45-~~
NiARDH ~a,
PAGE -
PUBL.I NoTiFIDATION AND oMI~ENT:
The agenda u~as posted on Thursday, Larch 20, 008 The agenda and staff reports
~rere also posted on the pity's v~rehite on Friday, March 2 ~ , 200. No public eor~mer~ts
~rere received a of the tine of preparation of this report, ,
Attachr~ent:
Bid opening Log sheet
Agenda Item 8.f.
Page 3
~ INCDAPQA~~~~ ~
~ ~o, ~et~
~P~iV~N ~~C~~~T
t~~~
CI7~ ~F A~~YO ~AND~
OP~~1N Fe~ru~ry~8, DDB; ;0~ p.rr~.
Wrench greet e~rer Lining P~o~e~t
B~D~~R' NA[II~~, CITY TOTAL BAD
a~~~on ~ngineeri~g, Inc. ~~~,8~7.~0
Huntint~r~ Beacht A
J.~. P~~ifc l.in~r, Ir~~. ~ ~~~,~~4~~0
1lacaville, CA
outhref Pi~eli~e and Tren~hle ~,~~~.~D
~~dena, CA
I~eily'~~e~ are
~iretar a~Ad~ni~trat~ve ervi~e~CEty Cleo
Direc~ar of Pu~~ic 1l~ork
City ana~~r
Agenda Item 8.f.
Page 4
~ ~'~~~r~
~ IN~D~PQgA"f~D
~ ~
JULY 10, 1911 ~
MEMORANDUM
~~~o~~
TO: CITY COI~NCIL
FROM: DUO PERRIN, DIRECTOR OF PARK, RECREATION AND
FACILITIES ~
~Y: LEA EVAN, PROJECT MANAGER
SUBJECT: CONSIDERATION ~F ACCEPTANCE ~F THE ELM STREET PAR~C
RETR~OM ADA UPGRADE PROJECT, PVV ~D~~-~2
DATE: MARCH
RE~1~NfENDATION:
It i recommended the City Council:
1. accept the project improvements as constructed by California coastal
Development in accordance with the plans and specifications far the Elm street
Park Restroom ADA Upgrade Project;
direct staff to file a Notice of or~pletion; and
authorize release of the retention as allowed per the Public Contract bode and
after the Notice of Completion has been recorded, if no liens have been filed.
FINANCIAL IMPACT:
The project budget i $82,58.58 ~tatal construction casts ~ X75,089.89 base bid +
7,08.99 contingency = 8~,598.88~. The final adjusted project cast is 8~,49~.~4, ar
~9fi.74 under budget.
BACKGROUND:
On December ~ 1 # X007 Council warded a construction contract far the Elm street Park
Restroom ADA Upgrade Project to California Coastal Development far X78,089.89. The
project work included removal of the concrete ~atwork surrounding the retraams and
replacing it with ADA compliant ramps and walkways, replacement or adjustment of
retroom fixtures to rake them ADA accessible, installation of new door hardware, re~
striping of handicap parking spaces and installation of a newdrinking fountain.
ANALYSIS OF ISSUES:
work has been completed according to the contract docur~ents. There are no
outstanding issues to address.
Agenda Item 8.g.
Page 1
CITY DOUNIL
~NIDERATI~N TO ADCEPT THE ELI STREET PARK RETIO~N! ADA
UPGRADE PR~JEDT, P~111 ~~07-~2
MARDH
PAGE ~
ALTERNATIVE:
The following alternatives are provided for the Council's consideration;
- Approve staffs recommendations;
- Do not accept the project;
- Accept the project, but do not authorize release of retention; ar
Provide direction to staff.
ADVANTAGE:
By accepting the improvements, the City will provide a new ADA accessible retroom
facilit~r for residents and group activi#y. Accepting the improvements will also allow staff
to close the project out and redesignate the remaining funds to other project needs.
DIADIIANTAGE:
The disadvantage of accepting the improvements ~vould be if subsequent deficiencies in
the work are identified, although 8,40 will be retained far 30 days to minirni~e this
possibility.
ENVIRONMENTAL REVIEVI~:
The project has undergone review according to the National Environmental Polio Act
and is a Categorically Excluded activity per 24 CSR ~BF~~a}, The project has also been
reviewed according to the California Environmental duality Act and is Categorically
Exempt per section 1~~g~ of the CEC~A Guidelines.
PUBLIC N~TIFIATI~N AND DoMI~ENT:
The Agenda describing this item was posted in front of City Hall on Wednesday, hllarch
~ 9, ~gg8. The Agenda and report were pasted on the City's website on Wednesday,
March 1, ~D~S. No public comments were received,
Attachment:
~ . Notice of Cor~pletion
Agenda Item 8.g.
Page 2
RECORDING RE~[7ESTED BY
AND ~VI~EN RECORDED RETURN TO: ATTAHI~IENT 1
CITY CLERK
CITY QF ARROYO GRANDE
P,O. 550
ARROYO GRANDE, CA 93421
N~TI'E ~F ~PLETI[~N
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe.
The FULL NAME of the OWNER is: ~'he C~~v o~~rroyo Grande
3. The FULL ADDRESS of the ~~VNER is: X14 fast Brach Street, ~4rroyo r~~cnde, C'r~Ii~orrtia 9342D -
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in ee
5. THE FULL NAIVIE and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT
TENANTS ar as TENANTS TN C~MM~N are:
NAMES ADDRESSES
None
THE FULL NAVIES and FULL ADDRESSES of the PREDECESSOR'S in interest afthe undersigned if the property was transferred
subsequent to the commencernent of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement an the property hereinafter described was COIVIPLETED March 14, Z~08
S. The NAME OF THE ORICrINAL CONTRACTOR, if any, for such work of improvement is:
Calaornia Coas~ad Devela~r~ent.
9. The street address of said property is: ~ZZ~ ~4sh Street (Ern ~'tree~ Park ke~itr~oo~n}
10. The property on which said work of improvement was corripleted is in the City of Arraya Grande, County of San Luis Obispo, State of
California, and is described as fallav~rs: ~'~m Str~~~ Park Restraarn ,~D~4 U rode Pro'ec~ P~~007-~~
Verification DEVON-INDIVIDUAL owner; I, the undersigned, declare under penalty of perjury under the laws ofthe State of California that I am
the Public V~orks Director ofthe aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I
know and understand the contents thereof, and the facts stated therein are true and correct.
Doug Perrin, Director of Park, Recreation and Facilities
March 25, 200, Arroyo Grande, California
END OF DOCUMENT
Agenda Item 8.g.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.g.
Page 4
~~n~~~
~ INCOf~P'QgAtE~
~ ~ MEMORANDUM
~ ~
To; CITY oUNC~LIREDE11ELOPMENT AGENCY ~oARD of D~RETOR
FROM: TE11EN ADAM, CITY MANACERIE~ECUTIIIE DIRECTOR
I~BJECT: CoNIDERATION of E~CLUIIIE NEoTIATION AGREEMENT V111TH
DESTINY INTERNATIONAL VENTURE FoR HOTEL DEVELOPMENT
AT THE VACANT PARCEL o1NNED B~ THE REDE11ELOPI~ENT
AGENCY AT FAEH STREET AND EL CAMINO REAL
DATE: MARCH ~5, 2~OS
RECOMMENDATION:
It is recommended the pity CouncillRDA Board of Directors approve the proposed
Exclusive Negotiation Agreement {ENA} ~uith youth Destiny International Ventures for
purchase and development of a hotel at the vacant parcel oned ~y the Redevelopment
Agency at Faeh street and EI Camino Real.
FINANCIAL IMPACT:
If approved, costs and revenues associated Frith the project ou1d be determined
through the negotiation Frith the developer The original cost to the Redevelopment
Agency for the parcel eras approximately BD,ooo. It ~rould be staff
~ intent to recover
this funding. Ho~rever, some level of Redevelopment Agency financial assistance may
be considered.
GACKCR~UND;
At the July ~r ~00~ meeting, the Redevelopment Agency acquired a vacant parcel at
Faeh street and EI Camino Reel to facilitate development of a nixed-use project or
hotel. A hotel project vas identified as the preferred use and the site eras previously
identified in the City's hotellmotel attraction strategy. The properky uvas purchased in
order to ensure development is cansisten# u~ith the pity's economic development
prograrr~ given its optirr~al free~ray exposure.
At the June ooh rr~eeting, the City Council approved an EIVA Frith youth Valley
Developers, rho had proposed construction of a Marriott Fairfield Inn or comparable
hotel Frith a rrrinirnurn of 8o units Hovuever, after several months, they terminated the
agreement due to site constraints.
In February X008, staff issued a Request for Proposal ~R1=P} to seek another developer
for a hotel project on this site. Even though the deadline ryas extended three creeks, no
propvsa~ ~rere received.
Agenda Item 11.a.
Page 1
CITY o~JN1L
CoNIDERATION of ~LUIVE NECOTIATION ACREEMENT 1~ITH DESTINY
INTERNAT~oNAL VENTURE FoR HOTEL DEIIELOPI~ENT AT THE VACANT
PARCEL oVIINED BY THE REDEIIELOP~IENT ACENY AT FAEH STREET AND EL
AII~INO REAL
MARCH ~5, 200
PACE 2
ANALY'I of IaUE:
Based on contacts made to parties that had expressed interest in the project, but had
not submitted a proposal, the limited sire of the property was once again sited a the
primary factor. one of the interested parties, Destiny lnternationa! Ventures, has
proposed to address this by expanding the site through a joint venture with the
neighboring property owner. They have made contact with the property owner, who has
indicated a willingness to pursue negotiation of a proposal. This may also present an
opportunity to the Redevelopment Agency to trade the property for other parcels within
the Redevelopment Area currently owned by the same party.
The proposed agreement consists primarily of terms identical to those set forth in the
agreement approved by the City Council with Bouth Valley Developers, l_LC. However,
the term has been modified from twelve months to six ~nonths~ Liven the delays that
have been experienced, staff recommends the Agency require negotiations be
expedited in order to ensure progress is achieved in a timely manner. if negotiations
are not completed within six months, but it is determined that significant progress has
been made, the agreement can be extended at that time. !n addition, a requirement for
a deposit of funds to be used for potential environmental studies has been eliminated.
Funding will instead be required from the developer at the time any environmental
studies are determined to be necessary.
Destiny International Ventures is one of the partners participating in the Hampton lnn
Hotel project. They have been cooperative to work with and have experience in both
hote# partnership projects and producing quality hotel projects.
Concerns were expressed by the adjacent neighborhood when the prior ENA was
considered and approved. As a result, staff has been pursuing design concepts thatwill
minimize height and impacts to the adjacent properties.
ALTERNATi11E;
The following alternatives are provided forthe Council's and Agency's consideration:
Approve recommended ENA with Destiny international 1enture;
- Modifythe terms ofthe ENA as appropriate and approve the ENA;
- !t is staff's understanding that two Council Members wil! be absent from the
March ~ X00 meeting. Therefore, if there are concerns identified by any of the t
Counci! Members present, it is recommended the item be postponed anti! the full
City CouncillRDA Board is available to consider the ENA.
- Do not approve the ENA;
- Provide direction to staff.
Agenda Item 11.a.
Page 2
1TY ~UNIL
oNIDERAT~~N ~F E~L~IIIE NECOT~AT~~N ACREEENT VI~ITH DET~NY
INTERNAT~oNAL IIENT~JRE FoR HOTEL DEIIELOPI~ENT AT THE VADANT
PARDEL oVIINED BY THE REDEVELOPMENT ACENDY AT FAEH STREET AND EL
CA~IINO REAL
MARCH X048
PACE ~
ADIIANTACES:
Approval of the ENA will enable the City to move forward with project planning for a
hotel on this property. A hotel project would be consistent with the Oity's Economic
Development Element and hotel attraction strategy, would generate significant transient
occupancy tax revenue to the pity, and would help support other tourist serving
businesses and activities
By pursuing expansion of the site, it will help facilitate redevelopment and improvement
of the entire areaF It will enable design of a larger, more successful, and higher quality
hotel, At the same time, it will enable the design to substantially reduce impacts to the
adjacent neighborhood. If a property exchange can be negotiated, it may also enable
the Redevelopment Agency to facilitate an additional redevelopment project,
DIADVANTACE:
Attempting to integrate the project with the adjacent parcel will increase the complexity
of moving forward with a project. However, the goals of the City and Redevelopment
Agency, as well s the concerns of the neighborhood, can best be addressed through
this approach.
ENV~RONI~ENTAL REVIEVI~:
Appropriate environmental review will be prepared once a project proposal i
negotiated
PI.~ELIC NoTIFICATfoN AND C~I~MENTS:
The Agenda was posted In fron# of City Hall on Thursday, lVlarch ~0, ~o~S and on the
Oity's website on Friday, Larch 21, 2g0, No comments were received at the time the
agentla was distributed. Residents directly adjacent to the property were personally
contacted to explain the status of the project. Once proposed concepts are prepared,
staff and the developer gill meet with the entire neighborhood in order to obtain
feedback and address concerns prior to Oity ouncillRedevelopment Agnc~r Board of
Directors consideration,
Attachments:
~ . Exclusive Negotiation Agreement
Agenda Item 11.a.
Page 3
EXI~LIJIV~ ~~I~DTIATIDI~ ARENI~NT
This exclusive Negatlat~on Agreement {"ENA"} is made and entered into, to be
effective the ~ day of March 2~aS {"Effective Date"}, by and among the City of
Arroyo Grande {"City"}, a Callfarn~a general law city, the Arroyo Grande Redevelopment
Agency a public entity arganlzed under the laws of the State of Callfartna, and
Destiny ~nternatianal Ventures, A Callfarnia Corporation, ar assignee {"Master
Developer"}. {City, RDA, and the Master Developer are individually referred to as a
"Part' and collectively as the "Parties" and City and RDA axe collectively referred to as
the "Agencies"}.
l'ITALS
t
A. RDA is a public body, corporate and palltlc, exercising governmental
functions and powers and organised and existing under the Community Redevelopment
Law of the State of California {I~ealth and Safety Code Section 3~~4 e~ seq.}.
B. RDA is the owner of record of that certain real property consisting of
appraxirrYately 3,590 square feet of land area located an the north side of Faeh Street
west of El Carnina Real in the City of Arroyo Grande, County of San Luis Obispo, State
of California, more particularly described in the legal description attached hereto as
Exhibit {"Property"}.
Dn June l a, l X97, the C1ty Council of the pity of Arroyo Grande adopted
ordinance No, 4S7 C.S. approving and adapting the Redevelopment Plan far the Arroyo
Grande Redevelopment Project {"Redevelopment Plan"}, which Redevelopment Plan
delineates the Arroyo Grande Redevelopment Project Area ~`{Project Area"}. The
Property 1s located within the boundaries of the "Project Area;"
D. Agency desires to implement the Redevelopment Alan far the Project Area
by considering the potential disposition of the Property to Developer for the passible
development of a hotel, and to this end, Master Developer and Agency desire to further
study and analyze the feasibility of the disposition of the Property to Master Developer
for the potential development of a hotel on the Araperty.
E. The Agencies and Master Developer desire to enter into this ENA, which
provides for the Agencies' exclusive negotiation with the Master Developer for up to six
months {the "Negotiation Pe~.od"} for the purpose of effecting the timely performance
of all of the fallowing: {i} the 1Vlaster Developer's preparation, and the Agene~es' review
{as applicable} Of ~ Prelln~lnary S1te Plan far the PtaJeCt; and {11} the negat~atlan and
preparation of a disposition and development agreement that provides far, among other
things {a} the Agencies' potential conveyance to the Master Developer of the Property;
{b} Master Developer's preparation and processing of all land use entitlements required
for the develap~nent of the Pra
j ect; ar~d ~c} the submittal to the Agencies by N~aster
i~~~oza~oo-oa~a
s~~s~s.oz ~~~r~ofos -f
Agenda Item 11.a.
Page 4
Developer of evidence of Master Developer's financial ability to develop and operate the
Pia
j ect ~co~lectively, the "DDA"}; and viii} the Ageneie~' preparation and circulation of
all requisite environmental doearnents the "nvirat~mental Dacurnent"} to evaluate the
potential enviror~nental impacts afthe proposed Project and any related necessary actions
required of the Agencies, in accordance with the requirements of the ~aliforr~ia
Environmental uallty Act ~allfornta Public Resources bode ~ 21 a0a et seq.
F. The Master Developer is willing to pay for the Agencies' actual, out of
packet consultant fees and costs incurred in preparing the Environmental Documents the
"Approved Environmental Review hosts"}.
AREIViENT
ND'V~ THEREFORE, in consideration of the Recitals and mutual covenants and
conditions contained herein, the parties hereto agree as follows:
1, Definitions.
1.1 Additional Deposit The term "Additional Deposit" shall n~~an an
additional deposit amount that the Agencies may request the 1Vlaster Developer to provide
if the Agencies incur or will incur additional Approved Environmental Review hosts
after depleting the full amount of the Deposit, as further discussed in Section ~ hereof.
1,~ Amy, The term "Agency" shall mean the Arroyo Grande
Redevelopment Agency, a public entity organized under the laws of the Sts#e of
allfornla. At Mmes, Agency shall also be referred to as "RDA" in this ~A.
~ ~3 A roved Environmental Review hosts, The term "Approved
Environmental Review fasts" shall mean the actual, out-af=pocket consultant fees and
costs the Agencies incur in preparing the Environmental Dacurr~entsf
1,4 The term "its' sha11 mean the pity of Arroyo Grande, a California
general law ityr
1.5 Default. The term "Default" shall rr~en a failure ar delay by any Party to
erfor an term ar rovision of this ENA if, sub'ect to section ll, a#~er receiving
P Y p J
written notice of such failure nr delay, the responsible Party fails to commence to cure
correct, ar remedy such failure ar delay within thirty ~a} days thereafter and diligenty
pursue such cure, correction ar remedy to completion.
l.b D~ eposit. The term "Deposit" shall mean that certain deposit Master
Developer is required to provide to the Agencies, as further described in Section hereof.
1.7 Develaprr~ent ..,Plan. The term "Development Plan" shall mean the
development plan for the Project, to be prepared by the Master Developer, as further
described in Section ~ hereof.
14321024600-0044
8~~868.02 a03f18~08
Agenda Item 11.a.
Page 5
1. ~ Environmental Documents. The term "Environmental Documents" shall
mean all of the environmental documents to be prepared or directed by the Agencies
which are necessary to evaluate the potential enviranlnentl impacts of the l~ro
j eot and
Redevelap~nent Plan, and any related necessary actions required of the Agencies,
1.9 Expiration Date, The term "Expiration Date" shall have the meaning
ascribed in Section 3.1 hereof,
1.1 a Master Develo er. The term "Master Developer" sh11 mean Destiny
Internat~or~l Ventures, a ~l~fornla ~arparatron a.s defined under the terms of this
Agreement.
1.11 preliminary Site Plan, The terra "Preliminary Site Plan" shall mean the
preliminary site plan for the Project to be prepared by the Master Develaper, as further
described in Section 9 hereof The Prelln~lnary S1te Plan shall rrrclude a map generally
depicting the location of the Pra~ect, and 1dent1fyin thereon each of the proposed land
uses carnprisin the Prof ect.
1, ~ ~ Project. The term "Project" sha11 mean the hotel pro
j ect proposed ~y the
Master Developer to be developed an RDA's Property.
1.1 Project Area. The terrri "Pro
j eet Area" shall mean the Arroyo Grande
Redevelopment Project Area adapted by way of ordinance No~ 487
1.14 RDA's Property. The Terrrr "RDA's Propert}~' shall mean the Propert~r
awned by RDA as described in Exhibit "A."
1 ~ 15 Redevelopment .Plan. The term ``Redevelopment Plan" shall mean the
Redevelopment Plan for the Arroyo Grande Redevelopment Project Area adopted byway
of ordinance No. 487
Agreement to Ne~atiate Exclusively; food Fa1th Negotiations,
The Agencies agree that, during the Negotiation Period has defined in Section
belaw~ and provided that the Master Developer i not in Default of its obligations under
this ENA, the Agencies shall negotiate exclusively the terms of the DDA with Master
Develaper. Notwithstanding the foregoing, Master Develaper expressly acknowledges
that Agencies are under rra obligation to enter into a DDA with Master Developer at the
end of the Negotiation Period.
. Period of Nego~lation.
~.l The Parties agree to negatlate In good fa1th far a period of sr~c months
months, commencing on t~]e )~~f~Ct1Ve Date, Subject to the provisions of Section l if
the Parties have not executed the DDA by the Expiration Date, then this ENA shall
automatically terminate; provided, however, the Parties inay mutually agree to extend the
terra of this ENA for additional periods, subject to pity council and Agency Board
~~~~roza~oo-oooa
Agenda Item 11.a.
Page 6
approvals. If the Parties cannot agree upon such an extension, this ENA shall
automatically terminate upon the Explratlon Date,
This ANA rr~ay be terrrlinated by written notice, without liability or
damage to the terminating party, by the A,gencles, lfthe Mater Developer is In Default
of the terms hereof, as described in Section 11, the Master Developer has involuntarily
filed for bankruptcy, ar the Master Developer has assigned or subcontracted any part of
the 1Vlaster Developer's obligations or rights hereunder, in violation of the terns hereof,
without obtaining the Agencies' consent; ~ii~ by the Master Developer, if the pity or RDA
are in Default of the terms hereof, as described in Section ~ 1, or ~111~ by the mutual
written agreement of the Parties,
3,~ Upon termination of this ENA, any interest that Master Developer may
have hereunder shall cease and the Agencies shall have the right to thereafter develop or
dispose of the Property as Agency shall determine appropriate in its sale and absolute
lscretlQn,
~'~5t and. Surveys
During the Negotiation Period, Master Developer shall, to the extent reasonably
passible and at its own expense, conduct such tests, surveys, and other analyses as the
Master Developer deems necessary to determine the feasibility of designing and
constructlo the Project an the Slte, and shall complete such tests, surveys, and other
analyses as promptly as passible within the Negotiation Period. For these purposes, the
Agencies shall, and hereby do provide to Master Developer, its agents, consultants, and
representatives, alicens to enter onto any the Agencies' Property to conduct such
inspections, tests, surveys, and other procedures as reasonably desired by 1V~aster
Developer ~"Vests"},
S, Taplcs for Negotlatlan of DDA.
The topics far negotiation of the DDA include, among other things; ~i} Master
Developer's rights to lease or purchase the Property fraln the Agencies; iii} method of
calculating and paying ground lease rents andlor purchase price; viii} the terms of any
proposed ground lease or purchase deed including Necessary covenants, condltlons, and
restrictions affecting the bite; Div} air rights use; ~v} managerrlent of the Project; Zvi} the
schedule of performance; {vll} avallabll~ty of the Property to the Master Developer; viii}
proposed land uses; fix} development layout; fix} preliminary design and architectural
concepts and plans; ~xi} architecture of irrlproven~ents to be constructed on the Property,
~~11~ aesthetic considerations; ~xiii} the quality and type of construction; ~xiv}
environmental resp4r~s~hllltle; ~a~v} the Master Developer's responsibility to obtain
environmental clearances, entitlements, and project flnancing; ~xvi} the terms of Master
Developer's construction financing and the Agencies' reasonable right to review same;
~xvii} any other considerations necessary to fully evaluate the feaslblllty and
in~plementatlon of the Prod ect; ~xviii} subdivision of the Site, and ~xix~ t~anagen~ent of
the Project following potential disposition. In addition to the tapirs described herein, the
io~~~~2a~oo-~aaa
s~~s~s.~ ~Q~r~s{os
Agenda Item 11.a.
Page 7
Parties further agree to negotiate in good faith with each other with respect to such other
terns and conditions ~ may be necessary ar appropriate to be included and provided for
in the DDA and to cooperate in the preparation thereof.
. Master Develo er's Pa ent ~hli ations~
If it becorries necessary for the Agencies to incur costs associated with the
environmental review process, the Agencies shall request payment from the Master
Developer to cover such costs. Upon request by the Agencies, the Master Developer shall
provide the Agencies with payment in the amount requested far any studies agreed to by
the Agencies and Master Developer.
7 ~ Broker's Fees.
The Parties represent and warrant to each other that no broker or finder has been
engaged or is in anyway connected with the transactions contemplated by this ENA. In
the event any claim fvr brokers' or finders' fees ~s made ~n connection with the
transactions contemplated by this ENA, the Party upon whose statement, representation,
or agreement the claim is made shall indemnify, save harmless and defend the other
Parties from and against such claims.
Asslent.
S. ] The qualifications and identity of the Master Developer are of particular
interest to the Agencies. It is because of these qualifcations and identity that the
Agencies have entered into this BNA with the Master Developer. ansequently, no
person, whether a voluntary or involuntary successor of Master Developer, shall acquire
any rights or powers under this ENA nor shall the Master Developer assign all or any part
of this ENA without the prior written approval of the Agencies with such approval or
disapproval to be exercised at the Agencies' sole and absolute discretion. It is anticipated
that the Master Developer will farm and assign the ownership interest to an LLB for this
project and will ratify the Agencies of such assignment. A voluntary yr involuntary sale
or transfer of any interest in the Master Developer shall be deemed to constitute an
assignment or transfer for the purposes of this ectian S.l, and the written approval of the
Agencies shall be required prior to effecting such an assignment ar transfer, The Master
Developer shall not, except as permitted by this ENA, assign or attempt to assign this
ENA ar oily rights ar duties herein, without the prior written approval of the Agencies.
Any purported transfer 11] violation of the preceding two sentences, voluntarily or by
operation of law, except with the prior written consent of the Agencies, sha11 be null and
void and shall confer no rights whatsoever upon any purported assignee or transferee.
S.~ The Agencies may assess a separate fee for its approval of any assignment
sa long as such fee does not exceed the total of the direct, reasonable casts incurred by the
Agencies related to the review and approval of the assignment, including all in-house
costs and expenses, direct third party expenses, consultant fees, and legal fees related to
lo~7fa~a~oa-aooa ~
$1986$,Q2 a03118J08 _
Agenda Item 11.a.
Page 8
the review and approval of the assignrner~t~ Such fee shall not exceed five thousand
dollars ~S,Oaa} unless Master Developer is requested to, and does authorize a higher fee.
8.3 Nothrng contained In this Section ~ of the ENA shall prah~blt ar in any
way limit 1Vlaster Developer's ability to choose or replace consultants and other third
parties retained by the Master Developer to perform services relating to the 1Vlaster
Developer's obligations under this ENA.
9. ~bli~atians of the Parties,
9,1 Upon Execution of this ENA, the Master Developer shall prepare and
submit to the Agencies the Preliminary Site Plan. The Agencies andlor Agency staff shall
review and provide comrrient to the Master Developer regarding the Preliminary Site Plan
within slaty AGO} days after receipt thereof frarn the 1Viaster Developer. within forty five
~~5} days after the Master Developer receives comments from the Agencies regarding the
Preliminary Site Plan, the Master Developer shall revise, as necessary, and resubmit to
the Agencies andlar Agency staff, the Preliminary Site Plan. ~f additional changes to the
Preliminary Site Plan are necessary, the tirrzefres set forth above shall apply,
9,~ Upon the Agencies' non-binding approval of the Preliminary Site Plan, the
Agencies shall co~nrrxence preparation of requisite Project Approvals and the
Environmental Documents. At this time the parties shall also canlence negntiatln and
preparing the DDA. collectively, the Prelirrzinary Site Plan, the Project Approvals and
the Environment Documents shall be referred to as the "redevelopment Plan"
9.3 ~t shall be the obligation of the Master Developer to be fu~iy and
corripletely familiar with all laves, rules, regulations, and practices of the Agencies and
any government agency having regulatory jurisdiction over the project and Master
Developer shall acquire and possess a clear understanding of the planning and design
criteria required by these and other agencies,
~.4 This ENA is an agreement to enter into a period of exclusive negotiations
according to the terms hereof. The Agencies and the Master Developer each expressly
reserves the right to decline to enter into the DDA in the event the Parties fail to negotiate
an agreement to the mutual satisfaction o~ the Agencies and the Master Developer at their
sole and absolute discretion. Except as expressly provided in this ENA, the Agencies and
Master Developer shall have no obligations or duties hereunder and na liability
whatsoever in the event the Parties fail to timely execute the DDA.
The Master Developer acknowledges and agrees that the Agencies have
not agreed to directly fund subsidize, ar otherwise financially contribute in any manner
toward the ~ ~ ~ preparation of the Prelirr~inary Site Plan, or the development of the
Project, ar ~3} the Environmental Documents, except as expressly provided in this ENA
or as may be negotiated and included in the DDA,
~o3ztaza~ao-ooaa
819$b8.02 a03f1810$
Agenda Item 11.a.
Page 9
~.G By their execution of this ENA, the Agencies are not committing to or
agreeing to undertake: ~i} disposition of the Site to the Master Developer; or iii} any other
acts or activities requiring the subsequent independent exercise of discretion by the pity
council or the Agency Board; The Parties recognise that one or more of the documents
to be prepared by Agencies' staff as set forth herein nay fail to be approved as a result of
subsequent studies, reviews, and proceedings invoking the exeercise of discretion by the
pity council or Agency Board ar any public agency having regulatory jurisdiction over
the Site or the Project. The Agencies shall not be liable to Master Developer far any
damages, injuries, or lasses of any kind that the Master Developer may suffer as a result
of the use of discretion, as provided for herein, by one or more of the Agencies' ar any
other public agency having regulatory j urisdictian over the Pro
j eet ar the Site, nor shall
the Agencies be compelled to take any action to avoid any such damages, injuries, or
lasses. Except as provided in Section 11, Master Developer expressly and without
reservation ar limitations of any kind holds the Agencies and all public agencies having
regulatory jurisdiction aver the Site ar the Project harmless for any damages, injuries, ar
losses of any kind the 1Vlaster Developer may suffer, directly or indirectly, as a result of
the lawful exercise of discretion made, rendered, determined, or implemented by one or
more of such agencies as provided under law or this Section
9.7 Master Developer agrees to prepare and submit conceptual and schematic
plans far the project through the pity's pre-application process. within fi~een X15} days
of the completion of the pre-application process, based on the feedback received, Master
Developer may determine to cancel Agreement and Agencies shall reimburse any
unexpended funds remaining from the deposit.
10, Non-L~abillt~r of AAgencies' Officials and Ernplayees.
without limiting the provisions set forth herein, na member, official,
representative, director, attorney, ar employee of the Agencies shall be personally liable
to Master Developer or any successor in interest, in the event of any Default or breach by
the .Agencies of any obligations under the terms of this ENA, ar of any amount, if any}
which may became due to Master Developer or to its successor under the terms of this
ENA.
11. Defaults.
11.1 Subject to the extensions of time set forth in Section l~, failure ar delay by
any Party to perform any term ar provision of this ENA constitutes a Default under this
ENA if, after receiving written notice of such failure ar delay, the responsible Party fails
to commence to cure, correct, or remedy such failure or delay within thirty ~~0} days
therea~er and dlllgenty pursue such cure, correction or remedy to completion,
11.E In the event of a Default, the Parties or their representatives and such
additional persons as the Parties believe nay be helpful in the resolution of any dispute,
shall meet and confer in goad faith in an effort to resolve the dispute in an amicable
manner for a period of forty-five X45} days, as such period may be extended by mutual
10321024b0~-~U04
8~98G8.02 aU3f~81D8
Agenda Item 11.a.
Page 10
agreerr~ent of the Parties. If the dispute is not resolved in this manner, the dispute shall be
resolved pursuant to the following:
11.3 If the Parties are unable to resolve the dispute by voluntary settlement
within the period described above, the dispute shall be resolved by binding arbitration by
delivering a written demand far arbitration to the other Parties to the dispute.
l l ,4 Arbitration shall be conducted in San Luis Obispo bounty, California, in
accordance with alifarnia bode of ivi~ Procedure Sections 12Sa~ 1 ~54.~, as a.ended
as of the date of submission of the dispute ~"Mules"}, and as modified by this Section. To
the extent there is a conflict between the provisions of this Section and the pules,
however, the provisions of this Section shall govern. By mutual written agreerrient, the
Parties may vary any of the provisions of this Section and the pules, including
rnadif icatians which designate an alternative dispute resolution procedure.
11. As used herein, a "qualified arbitrator" means a party with at least ten ~ 1 a~
years experience in resolving disputes in the central California area. within thirty ~3D~
days after any Party delivers written demand far arbitration, the Parties shall meet and
atterript to select, by mutual agreement, one {1} qualified arbitrator to act as the sole
arbitrator of the dispute. If the Parties cannot agree on an arbitrator within such 3~,day
period, as such period nay be extended by mutual agreement of the Parties, then, within
an additional thirty ~30~ days, the 11~aster Developer and the Agencies each shall
designate up to three ~3}qualified arbitrators and notify the other Parties in writing of the
designations. The qualified arbitrators so designated v~lthln such a~day period shall
constitute the "List of Arbitrators«" If either the 1Vlaster Developer or the Agencies fail to
designate any qualified arbitrators within such 30'day period, then the qualified
arbitrators designated by the other Party shall constitute the List of Arbitrators Within
thirty X30} days after the List of Arbitrators has been constituted, the Parties shall meet
and negotiate in gaol faith to select one ~ 1 }arbitrator from the List of Arbitrators to act as
the sole arbitrator of the dispute. If the Parties fail to select an arbitrator within such 3a~
day period, such sole arbitrator shall be appointed from the List of Arbitrators by the
Presiding Judge of the Superior court of San Luis ~bispa Jaunty, alxfornia, upon
written application of a Party.
Discovery far the arbitration proceedings shall be conducted by the
arbitrator ~n accordance with the pules, except tD the extent Qthe~`~V1e provided 1n this
Section, The Parties desire to provide for the expeditious resolution of disputes.
Therefore, notwlthstanding anything to the contrary set forth rn the rules, discovery
conducted under the arbitration shall be lirr~ited as follows: ~i~ within twenty X20} days
after selection of the arbitrator, the Parties shall meet at amutually-agreeable place and
conduct a mutual exchange of documents relatrng to the dispute; and ~~i} at such rrieet~ng,
the arbitrator shall have the right to order the production of any additional documents
from any Party and to specify the nature and extent of other discovery which the arbitrator
determines 15 reasonably required, including, but not limited ta, the taking of depositions
or the obtaining of expert reports, If the arbitrator determines that expert witnesses are
required, each Party shall be entitled to designate such an expert and the arbitrator may
io~~to~a~ao•oooa
8198b8.02 aD31lS1U8
Agenda Item 11.a.
Page 11
designate third expert, as the arbitrator deems appropriate. The arbitrator shall have
authority to set further discovery deadlines in order to facilitate the efficient conduct of
the arbitration.
11.E A hearing shall be conducted by the arbitrator within sixty days aver
selection of the arbitrator, unless the arbitrator determines that additional tine is
reasonably required. Ttae Parties shall subrrlit such legal briefing or other staterr~ents of
pDSltl~rl the ~'bltrator may request.
11, 7 within thirty days after completion of the hearing, the arbitrator shall
reach a written decision regarding the dispute and deliver the same to the Parties. [Jpon
the request of a Party, the arbitrator shall issue a written opinion of findings of fact and
conclusions aflaw. The decision ofthe arbitrator shall become final ten X10} days aver it
is delivered to the Parties and shall be binding on the Parties, conclusive and non
appealable.
11.8 The arbitrator shall have the power and jurisdiction to resolve all disputes
and artier all remedies available under applicable law or equity, consistent with the
provisions of this EI~A, including, without limitation, ordering specific performance;
provided, however, that the arbitrator shall not have the power to award punitive
damages. The arbitrator shah resolve the dispute in accordance with applicable
substantive laws of the State of lifarnia.
11.E The Parties shall share equally the arbitrator's fees and casts, but each
party shall bear xts own attorneys' fees and other casts related to the presentation of its
case.
11.1 ~ Judgment upon the arbitration award may be entered in, confirmed and
enforced by the Superior Court of the bounty of San Luis Obispo, California.
11.11 The Parties hereby waive any right to a trial by a court or jury and agree
that any dispute arising out of the interpretation or performance of this ANA shall be
resolved by arbitration conducted pursuant to this ect~on;
10321024600-0(104
Agenda Item 11.a.
Page 12
NOTICE: BY IIVITIALINO IN THE SPACE BELOW YOU ARE AREEIl~10
TO HAVE ANY DISPUTE ARISING OUT OF THE 1VIATTERS INCLUDED IN THE
"ARBITRATION OE T)ISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAw ANI~ YOU ARE C~I~IN
Up ANY RIGHTS YOU NiIOHT POSSESS TO HAVE TT~E DISPUTE LITICATEH IN
A OUI~T OR JURY TRIAL. EY INITIALING IN THE SPACE BELOW YOU ARE
~IVINO UP YOUR JUDICIAL RIHT~ TO DISCOVERY AND APPEAL, UNLESS
THOSE RIGHTS ARE SPE~IFI~ALLY INCLUDED IN T~iE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION
AFTER ACREETN TO T~IIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OE THE CALIFORNIA BODE OF CIVIL
PROEDLTRE, YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY, wE HAVE READ AND UNDERSTAND THE FOR.EOOIl~ AND
AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS ~NLUDED IN
THE {{ARBITRATION OF T)ISPUTES"PROVISIONS TO NEU'T'RAL ARBITRATION,
CITY' Il~ITIALS : RDA' INITIALS:
MASTER DEVELOPER'S INITIALS:
12. Enforced Delay; Extension ofTimes afPerformance~
In addtt~on to specific provisions of this ENA, performance by either party
hereunder shall not be deemed to be in Default, and all performance and other dates
specified in this ENA shall be extended, where delays or Defaults are due to: war;
1n~Llrrectlon; trlkes; lockouts; r~Ots; #~oods; earthquakes; llres; casualties; acts Of Qd;
acts of the public enemy; epiderrlics; quarantine restrictions; freight embargoes; lack of
transportation; governmental restrictions or priority; litigation; unusual~y severe weather;
1I]a~lllty to secure necessary labor, materials or tools; delays of any contractor;
subcontractor or supplier; ants or omissions of the other party; acts or failures to act of the
pity ar RDA, or any other public ar governmental agency or entity {except that the acts or
failures to act of the pity or RDA shall not excuse performance by the pity or RDA}; or
arty other causes beyond the control or without the fault of the party claiming an
extension of time to perfann~ Notw~thstandrng anything to the contrary in this ENA, an
extension of tirr~e far any such cause shall be far the period of the enforced delay and
shall commence to run from the tune of the carr~~nencerrrent of the cause, if notice by the
party claiming such extension is sent to the other party within thirty {30} days aver the
commencement of the cause. Times of performance under this ENA may also be
extended in writing by the rriutual agreement of the Parties The RDA's Executive
Director and the pity Manager sha11 also have the authority on behalf of the Agencies to
administratively approve extensions of time not to exceed a cumulative total of one { 1 }
year.
~~~~roa4~oo-ooaa
s~~s~s.n~ ~Q~~is~~s -10~
Agenda Item 11.a.
Page 13
Entire Agreement.
This ENA represents the entire agreement of the Parties with respect to the
natters set Forth herein and supersedes any and all prier written, anal, or implied
agreements. This ENA may not be amended except in writing signed by all of the Parties
hereunder.
14. ~avenant Against Dicrirr~tnation~
luster Developer shall not discriminate against nor segregate any persan, or
group of persons on account of
race, Dolor, religion, creed, natian~l origin, ~ncestr}~, sex,
sexual preferencelorientation, age, disability, medial condition, Acquired Immune
Deficiency syndrome SAID} acquired ar perceived, retaliation far having filed a
dlscrlmint~an Can]plalnt, or rriarital status in the performance Df its abllgatlor~s under this
1 1Vliscellaenous Provisians.
~ ,1 The recitals set Earth in this ENA axe part of this ENA between and among
the Parties and shall be enforced and are deemed enforceable a any of the provisions set
forth in this ENA.
1 The Master Developer shall cooperate and participate in any and all public
outreach processes the Agencies may create to ensure timely and effective public
lnvolvrrient and partlclpati~n In the review and consideratlan ~f a various actions the
1Viaster Developer or the Agencies are required to perform under the terms of this ENA.
15.E In the event of third party litigation brought against Master Developer
andlar the Agencies in connection with this ENA, Master Developer agrees to save,
indemnify, defend, and keep the Agencies, their officers, agents, employees, engineers,
and consultants for this ENA, harmless against any and all liability, claims, judgments,
casts, and demands, of any kind including, without lirnitatian, reasonable attorneys' fees
arising out of ar related to the Agencies' approval andlor the implementation of this ENA
save and except claims ar litigation arising through the willful misconduct Agencies},
including but not limited to claims or lawsuits of any kind that rriay be filed against
1Vlaster Developer or the Agencies ~n connection vVith the Prelinllllary ate Plan, the
Pia
j ect, ar~dlar the Envirar~rriental Documents. The Master Developer mill fully
reirriburse Agencies for any expenditures, including reasonable attorneys' fees and costs,
Agencies may incur by reason of such matters, and if requested by Agencies, will defend
any such suits at the sale cost and expense of Master Developer.
15.4 Master Developer shall present the Agencies with evidence of a general
liability insurance policy, in a commercially reasonable amount, naming the Agencies as
additional insured by endorsement to the policy. The insurance policy shall cover all
liability and responsibilities of the Master Developer under this ENA and guarantee the
obligations of the Master Developer to indemnify and hold the Agencies harmless
io~~ro7a~oo-ooo~
si~$~s.a~ ~o~rl~~~s -11-
Agenda Item 11.a.
Page 14
pursuant to Paragraph 14,E of this ENA. The insurance procured shall be on an
"occurrence" basis, be effective at all times this ANA is in effect, and shall provide far 0
days advance written notice to be provided to Agencies prior to cancellation or
modicatiQn.
15.5 No delay or omission in the exercise of any right ar remedy of a nan-
defaulting Party on any Default shall impair such right or remedy or be construed a a
waiver. Any waiver by any Party of any Default must be in writing and sha11 not be a
waiver or any other Default concerning the same or any other provision ofthis ANA.
15.E The rights and remedies of the Parties are curr~ulative and the exercise by
any Party of one or more of such rights or remedies shall not preclude the exercise by it,
at the same or different times, of any other rights ar remedies for the carne Default or any
other Default by another Party,
15.7 The Parties agree that time is of the essence of this ANA with respect to
the deadlines set forth herein.
15.E The text of this ENA is the product of negotiation among the Parties, each
of whom had the opportunity to have it reviewed by counsel of their choice, and is not to
be construed as having been prepared by any one Party.
16, Notices
1 ~.1 All notices ar other communications required ar permitted hereunder shall
be in writing, and shall be personally delivered or sent by registered or certified mail,
postage prepaid, return receipt requested, delivered or sent by electronic transrnrssian, and
shall be deemed received upon the earlier of ~i} the date of delivery to the address of the
person to receive such notice if delivered personally or by rr~essener ar overnight
courier; iii} three business days aver the date of posting bar the United states Post
office if by mail; or ~~~1} when sent rf g1ven by electronic transmission. Any notice,
request, demand, direction, or other communication sent by electronic transmission must
be con#~~rn~ed within forty-eight ~4S} hours by letter mailed or delivered. Notices or other
communications sha11 be addressed as follows:
If to pity: pity of Arroyo Grande
P.~. fox 5Sa
Arroyo Grande, A 934 1
Attent10r1: lty 1Vlanager
If to RDA: Arroyo brander redevelopment Agency
P.D. ~vx 55~
Arroyo Grande, A 934 1
Attention: executive Director
~~~zfo~~-aoa~
si~a~s.a~ ~o~fisaos -12-
Agenda Item 11.a.
Page 15
wltll ~o~1e~ Ta: 1ty Attorney
. ~1ty 0~ Arroyo r~ride
P.O. Box 55a
Arroyo Grande, A 9341
If to Master Developer: Destiny International Ventures
718 Sycamore Ave. Suite ~
Vista, California ~~083
Any Party may, by written notice to the others, designate a different address,
which shall be substituted for that speclfred above,
IN WITNESS HEREOF, the Agencies and Master De~reloper have signed this
ENA as of the dates set forth below.
CITY ~F ARR~Y~ GRANDE
Mayor
ARRAY GRANDE EDEVEI~~PENT
AENY
By:
chairperson
ATTEST;
Ey.
belly Wetmore, pity clerk
APPROVED A T~ PERM:
~y:
Timothy ar~nel, lty Attorney
DESTINY INTERNAT~~NA~
VENTURES
~y~
President,
By:
Secretary,
1~3~ro2ac~oo-oooa
s ~ ~s~s.oz an~~~ s~os ~ 13
Agenda Item 11.a.
Page 16
~~1t~ach Notary Acn~~vledgeen~s}
103210~4b0()-0004
8198G8.0~ a03l18108 ' ~
Agenda Item 11.a.
Page 17
Tk~E ~4ND REFEREED T~ HEREIN BELDIN IS SITUATED tN THE CITY ~F Arroyo gander COUNTY ~F fan Luis Obispo,
STATE C~% CA AND IS DESCRIBED AS F~Lt.DVl~S:
PARCEL
lots 1 to iD inclusive In Block 14 and Lots b and 7 in Block ~5, alb in Western Addition to the Town of Arroyo randes in
the i of Arrv o Grande, County of San Luis Obispo, Mate of Californian a~~ording to map recorded April ~0, t8~4 in
tY Y .
Soak B, Page l0 of Mapsf In the office of the County Retarder of said County.
PARCEL 2:
That portn ~f Alpine Street, as said street ~s shown an map of Vl~estern Addition to the Tawn of Arroyo Grande, in the
Ci of Arroyo gander County of San Luis Obispo+ Mate of Cali~omian according to map recorded Apnl ~~s i894 in Baak B,
• west the
Page 10 0~ Maps, in the Cffice of the County Retarder of said County, which ,s bounded on the North by
Northeasterly prolongation of a Northwesterly line of lot l in Black 15 of said Additions and bounded an the Southeast
by the N~rthwe~t line of Faeh Avenue as shown an said Map.
Agenda Item 11.a.
Page 18