Agenda Packet 2010-04-13'A
C ity Council
Tony Ferrara, Mayor /Chair
Jim Guthrie, Mayor Pro Tem /Vice Chair
Joe Costello, Council /Board Member
Ed Arnold, Council /Board Member
Chuck Fellows, Council /Board Member
W I
m9ax
Steven Adams, City Manager
Timothy Carmel, City Attorney
Kelly Wetmore, City Clerk
AGENDA SUMMARY
CITY COU NCI L/REDEVELOPM ENT AGENCY MEETING
TUESDAY, APRIL 13, 2010
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER:
2. ROLL CALL
3. FLAG SALUTE:
4. INVOCATION:
7:00 P.M.
COUNCIL /RDA BOARD
ARROYO GRANDE VALLEY KIWANIS
REVEREND VALERIE VALLE
SAINT BARNABAS EPISCOPAL
5. SPECIAL PRESENTATIONS:
5.a.
Honorary
Proclamation Declaring April 2010 as
"Autism Awareness Month"
5.b.
Honorary
Proclamation — Recognizing April 30,
2010 as Arbor Day
6. AGENDA REVIEW:
6a. Move that all ordinances presented for introduction or adoption be read in title only and
all further readings be waived.
CITY OF'
AGENDA SUMMARY —APRIL 13, 2010
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments
should be limited to those matters that are within the jurisdiction of the City Council.
The Brown Act restricts the Council from taking formal action on matters not published
on the agenda. In response to your comments, the Mayor or presiding Council Member
may:
♦ Direct City staff to assist or coordinate with you.
♦ A Council Member may state a desire to meet with you.
♦ It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
♦ Comments should be limited to 3 minutes or less.
♦ Your comments should be directed to the Council as a whole and not directed to
individual Council members.
♦ Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council Member
may request that any item be withdrawn from the Consent Agenda to permit discussion
or change the recommended course of action. The City Council may approve the
remainder of the Consent Agenda on one motion.
8.a. Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period March
16 2010 through March 31, 2010.
8.b. Consideration of Aareement for Consultant Services for Audit Services
(KRAETSCH) [RDA/COUNCIL]
Recommended Action: Authorize the Mayor /Chair to enter into a three year consultant
services agreement with the audit firm of Moss, Levy & Hartzheim, Certified Public
Accountants.
8.c. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special City Council Meeting of
March 23, 2010 and the Regular City Council /Redevelopment Agency Meeting of
March 23, 2010, as submitted.
8.d. Consideration of a Resolution Aaarovina the Tax Sharina Aareement with the
County of San Luis Obispo for Annexation of the Pearwood Basin Property
(ADAMS)
Recommended Action: Adopt a Resolution approving the Tax Sharing Agreement
with the County of San Luis Obispo for annexation of the Pearwood Basin property.
AGENDA SUMMARY — APRIL 13, 2010
PAGE 3
8. CONSENT AGENDA (cont'd)
8.e. Consideration of Second Extension of Agreement for Contractor Services
with SP Maintenance Services, Inc. (ADAMS)
Recommended Action: Approve a Second Extension of the Agreement with SP
Maintenance Services for street sweeping services.
8.f. Consideration to Adoat a Resolution Acceatina Easements and Imarovements
for Parcel Map AG 05 -0138 and Planned Unit Development 05 -003; Located at 137
Juniper Street (McCLISH)
Recommended Action: Adopt a Resolution accepting easements and improvements
for Parcel Map AG 05 -0138 and Planned Unit Development 05 -003 located at 137
Juniper Street.
8.g Consideration to Approve Construction Plans and Specifications and
Environmental Determination for the Well No. 10 Phase II Project, PW 2010 -02
(McCLISH)
Recommended Action: 1) Adopt a Resolution adopting a Mitigated Negative
Declaration for and approving the Well No. 10, Phase II Project, PW 2010 -02; and 2)
Approve Well No. 10 construction plans and specifications.
8.h. Consideration of a Subcommittee to Review the Children In Motion Proaram
(PERRIN)
Recommended Action: 1) Approve formation of a Children In Motion Subcommittee
to develop and recommend methods to make the Children In Motion Program
financially self sufficient; 2) Appoint City Council Members Costello and Fellows to
serve on the Subcommittee; and 3) Authorize the City Manager to complete the
formation of the Subcommittee with one Parks and Recreation Commissioner, up to six
City staff members, and at least five members at large.
8.i. Consideration of an Agreement for Contractor Services with Lee Wilson Electric
for Traffic Signal Maintenance (PERRIN)
Recommended Action: Approve an Agreement for Contractor Services with Lee
Wilson Electric for traffic signal maintenance.
8.j. Consideration of Critical Needs Action Plan Process (ADAMS)
Recommended Action: Approve the proposed Critical Needs Action Plan process.
9. PUBLIC HEARINGS:
9.a. Consideration of a Resolution Amendina the Citv Master Fee Schedule for the
Recreation and Maintenance Services Department's Pre - School Program, Adult
Softball Leagues, Adult Basketball Leagues, and Playground Program (PERRIN)
Recommended Action: Adopt a Resolution amending the City Master Fee Schedule
for the Recreation and Maintenance Services Department's Pre - School Play and Learn
Program, Adult Softball Leagues, Adult Basketball Leagues and Playground programs.
AGENDA SUMMARY — APRIL 13, 2010
PAGE 4
9. PUBLIC HEARINGS (cont'd):
9.b Consideration of Adoation of an Ordinance Aaarovina Develoament Aareement
09 -002; 5 Cities Community Services Foundation (McCLISH)
Recommended Action: Adopt an Ordinance approving Development Agreement 09-
002 to construct a multi - purpose recreation center on a property located at the corner of
W. Branch Street and Old Ranch Road.
9.c Extension of Interim Uraencv Ordinance Establishina ua to an Additional Three
Month Moratorium on the Approval of Development Projects (ADAMS)
Recommended Action: Adopt an Interim Urgency Ordinance extending the temporary
moratorium on the approval of development projects for up to an additional three
months.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of Aareement with Tierra West Advisors to Preaare a
Feasibility Analysis on Redevelopment Project Options at 1221 East Grand
Avenue (ADAMS) [RDA /COUNCIL]
Recommended Action: 1) Approve an Agreement with Tierra West Advisors to
prepare a feasibility analysis on redevelopment project options at 1221 East Grand
Avenue; and 2) Identify City revenue generation as a top priority for any proposed
redevelopment project at this site.
12. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like to
receive feedback, direct staff to prepare information, and /or request a formal agenda
report be prepared and the item placed on a future agenda. No formal action can be
taken.
None.
13. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to receive
feedback and /or request direction from the Council. No formal action can be taken.
None.
14. COUNCIL COMMUNICATIONS:
Correspondence /Comments as presented by the City Council.
AGENDA SUMMARY — APRIL 13, 2010
PAGE 5
15. STAFF COMMUNICATIONS
Correspondence /Comments as presented by the City Manager.
16. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council from
taking formal action on matters not published on the agenda.
17. ADJOURNMENT
All staff reports or other written documentation, 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 Legislative and Information Services Department at 805-
473 -5414 as soon as possible and at least 48 hours prior to the meeting date.
* * * * * * * * * * * * * * * * * * * * * * * * **
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can
be accessed and downloaded from the City's website at www.arroyogrande.orq
* * * * * * * * * * * * * * * * * * * * * * * * **
City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.orgg
THIS PAGE INTENTIONALLY LEFT BLANK
CITY OF
C A L IF OR N 1A t
7 9 1A
h
HONORARY PROCLAMATION DEC
APRI 2010 AS
.fA UUSM A WAR E NESS M
WHEREAS, autism is a complex neurobiol gical d isorder that typ ica lly lasts throughout - a
person's lifetime. It is wart of a group of disorders kn own as autism spectrum disorders ( ASD s) ;
and
WHEREAS, autism affects all persons re g ardless of race, religion, soci�o conondc status or
geography; and
WHEREAS, the incidence of autism in San Lu�s Obispo County reflects the national rate of 1 in 110
and a child is diagnosed with autism every 20 minutes; and
VME .E , , ASDs are the fastest growing serious developmental disability, making these
disorders more common than pediatric cancer, diabetes, and AIDS combined; and
WHEREAS, individuals with ASDs and their families face tremendous and overwhelming
challenges in accessing and navigating the complex programs and services for these disorders; and
WHEREAS, individuals with ASDs are valuable and talented citizens; and
WHEREAS, the Central Coast Autism Spectrum Center will celebrate Autism Awareness Month
in the WALK for Autism" and "Autism Awareness Fair" on April 25, 2010 in Mission Plaza. Both
events help to increase and develop knowledge regarding autism and are of paramount
importance in creating an empathetic an compassionate citize an
NOW, THEREFORE, BE IT RESOLVED, that 1, Tony Ferrara, Mayor of the City of Arroyo
Grande, on behalf of the City Council, do hereby proclaim April, 2010 as " ITI' SM AWARENESS
MONTH", recognize and commend the talents, abilities and contributions of the individuals in our
community diagnosed with ASDs and their parents, relatives, and professionals that provide
valued services,
IN WITNESS WrHEREOF, i have hereunto set my land and caused the
Seal of the City of Arroyo Grande to be affixed this 1 clay of April 2010.
TONY FERI ARA, MAYOR M
4,tc
genda Item 5.a.
Page 1
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.a.
Page 2
* 0
L I F 0 R I
Honorary Proclamation
Recognizing Arbor Day
April 30, 2010
WHEREAS,, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that
a special day be set aside for the planting of trees; and
WHEREAS,, this holiday, called Arbor Day, was first observed with the planting of more
than a million trees in Nebraska; a; and
WHEREAS, 2010 is the 138 Anniversary Of Arbor Day, and it is now observed throughout
the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the tem perature, clean the air, produce life - giving
oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for
our fires, and countless other wood products, increase property values, enhance the
economic vitality of business areas, beautify our community, and trees, whenever they are
planted, are a source of joy and spiritial renewal; and
WHEREAS,, , the City of Arroyo Grande has been recognized as a Tree City USA by the
National Arbor Day Foundation for the 28 consecutive year and desires to continue its
tree - planting ways.
NOW THEIEF1E BE IT RESOLVED, that I, Tony Ferrara,, Mayor of the City of Arroyo
Grande, on behalf of the City Council, do hereby recognize and proclaim April 30 as
"ARBOR DAY" in the City of Arroyo Grande, and urge all citizens to celebrate "ARBOR DAY'S
and to support efforts to care for our trees and woodlands and to support our City's
community forestry program.
BE IT FURTHER RESOLVED, that all citizens are urged to plant a tree to gladden the
heart and promote the well-being of this and future generations.
ICI WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Arroyo Grande to be affixed this 13 th day of April 2010.
TONY FERR RA, MAYOR
IV
1000RPORATEo
M
# JULY 10. 1913
1 1, 1 F
CITY OF
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.b.
Page 2
INCORPORATED
JULY 10. 1911
IF
MEMORANDUM
TO: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICE
BY: FRANCES R. HEAD, ACCOUNTING SUPER IS
SUBJECT: CONSIDERATION OF CASH DISBURSEMENT R CATION
DATE: APRIL. 13, 201
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period March 16 through March h 31, 2010.
FINANCIAL IMPACT:
There is a $624,094.58 fiscal impact that includes the following items:
a Accounts Payable Checks 144563-144700 $ 212,100.64
Payroll Checks & Benefit Checks $ 411 } g 3.g
BACKGROUND:
Cash disbursements are made weekly based on the submission of all required
documents supporting the invoices submitted for payment. Prior to payment,
Administrative Services staff reviews all disbursement documents to ensure that they
meet the approval requirements adopted in the Municipal Code and the City}
Purchasing Policies and Procedures Manual of February 2000.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2009-10
budget.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
0 Approve staff's recommendation;
Do not approve staff's recommendation;
Provide direction to staff.
Agenda Item 8.a.
Page 1
CITY COUNCIL
CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
N
APRIL
PAGE 2
ADVANTAGES:
The Administrative Services department monitors payment of invoices for
accountability, accuracy and completeness using standards approved by the
Council.
0 Invoices are paid in a timely manner to establish goodwill with merchants.
0 Discounts are taken where applicable.
DISADVANTAGES:
No disadvantages have been identified as long as City Council confirms all
expenditures are appropriate.
ENVIRONMENTAL REVIEW:
IE1 ,
No environmental revie w is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Tuesday, April 6, 2010. The Agenda and
report were posted o the City's website on Wednesday, April 7, 2010. No public
comments were received.
Attachments:
1. March 1 - 31, 2010 —Accounts Payable Check Register
2. Mar h 2 6, 201 — Payr fl Check & Benefit Checks Register
Agenda Item 8.a.
Page 2
ATTACHMENT 1
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Check History Listing
Page: 1
0313012010
4:34PM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date Vendor
Status ClearNold Dame Invoice
Inv. Date
Amount Paid
Check Total
1 44563
03/16/2010 005355 CHANNEL COUNTI
031510
03115/2010
150.00
150.00
144572
0311712010 007734 PAULA EAKEL
RefOOO 10'1469
03115/2010
9.33
9.33
144573
03/1 7/2010 007735 CAL -NEST
Ref000101470
. 311 6/2010
31.5
31.75
144574
03/17/2010 007731 ERICA DU 1S
RefOOO 101450
03/1512010
82.33
32.33
144575
03/1712010 007732 ASHLEIGH .JANKOWS I
1 of 001014 7
03/1612010
30.93
00.93
1 44576
0311712010 007730 MA LEASTII AN
R efOOO 1 5
03115!2010
158.40
153.40
1 44577
0311712010 007733 THERESA E L E M U S
1 of 00010 1468
03/16!2010
38.32
33.32
1 44578
03/17/2010 004015 LEAN LANGSTAFF
031710
03117/2010
500.00
500.00
144579
0311 007558 ADVANCED EMISSION
0000157 - 1N
0112612010
501.95
0000170 -I
01/26/2010
1 50.00
0000171 -1 N
0110812010
150.00
0000172 -1 N
011131201
150.00
0000157C - IN
01120!2010
-601-95
450.00
144580
0311 812010 004815 AIRGAS DIVEST INC
103106164
0212312010
31.45
31.45
144531
03/18/2010 003817 Al 1E1 IPI IDE UNIFORM SVCS
V 0311812010
0.00
0.00
144582
0311312010 003817 A11 E1 IPI I E UNIFORM SACS
1500014000
02/23/2010
326.92
1 500002075
0210912010
249.50
1500002070
02/09/2010
230.00
1500002077
0210912010
223.00
1510000749
0211912010
201.17
1510000550
0211212010
1 36.30
1510000733
02/16/2010
174.79
150000301
0211812010
33.30
1051789
02104/2010
75.97
1510000440
0211112010
73.71
1500002074
0210912010
72.55
1510000542
021161201
40.35
1500002078
0210912010
40.25
Page: 1
apkHist Check History Listing P age: 2
03!30/2010 4: 4PM CITY OF ARROYO F ANDE
Bank code: boa
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C heck # Date Vendor
Status Clear/Void Date Invoice
1500002067
1510001056
1500002079
1500014003
F1 92256
1500008009
1500008022
150001 4000
1500002073
1500003020
F192262
1500008016
1500001 3995
1500002068
1500008019
F192265
1500014002
F192266
1500014004
F192264
F192259
1500008012
F192257
1500908010
1500008017
150 014001
F192263
1500013994
F'1
1500008011
1500008021
1500008006
F192268
F192267
F083185
1510000065
F318
Inv. Date
0210912010
02/19/2010
02/09/2010
0212312010
02/02/2010
0211612010
02/16/2010
0212312010
0210912010
02116/2010
02102/2010
0211612
02123/2010
0210012010
02/16/2010
0210212010
02/2312010
0210212010
0212312010
0210212010
02/0212010
02/16/2010
02/0212010
0211512010
02115/2010
02123/2010
02102/2010
0212312010
0210212010
02/16/2010
02/1612010
02/16/2010
02/02/2010
0210212010
02102/2010
0210912010
0210212010
Amount Paid Check Total
36.00
32.36
31.90
22.90
20.25
20.25
20.00
19.50
19.50
1 9.50
18.00
18.00
1 7.00
1 7.00
16.90
15.24
16.50
14.00
1 3.50
12.04
10.50
10.50
5.00
6.00
6.00
6.00
5.60
3.60
3.00
3.00
3.00
3.00
2.30
1.40
0.55
0.55
0.55
Page: 2
Page: 3
ap kH! t
0313012010
4:34PM
Check History Listing
CITY F ARROYO GRANDE
Page:
Bank code: boa
Check #
Date Vendor
Status Clear/Vold Date Invoice
Inv. Date
Amount Paid
Check Total
1 50001 4005
02123/201
- 224.70
2,237.90
144583
0311812010 005180 APEX OUTDOOR POWER
30495
0212412010
71.78
30465
0210912010
30.34
30490
0212412010
26.86
128.98
144584
0311812010 000043 ARROYO GRANDE GLASS &
989
0212612010
52.36
52.36
1 44585
03/18/2010 005507 AT & T
317 -0183
0310712010
1 88.79
317 -3959
03/07/2010
32.3
317 -3958
03/07/2010
32.34
317 -3953
03/0712010
32.34
286.81
144586
03/18/2010 006607 AT
1192582
01/25/2010
2
1192576
02/25/2010
16.40
2,020.16
144587
0311812010 007737 JESSICA EALSEII O
031309
0311812010
4
4,865.00
144583
0311812010 000078 B LUEPRINT EXPRESS
031
0311712010
16.31
16.31
1 44589
03/18/2010 00191 BOB'S E MASH
FEB 2010
0212812010
90.00
90.00
1 44590
0311812010 005498 BROADWAY JEWELERS
01 311
01131/201
706.88
706.88
144591
0311812010 000094 BRUMIT DIESEL, ING
1 6501
0211512010
147.00
22052
0211 912010
-83.13
63.87
1 44592
0311812010 000006 BURTON'S FIRE, INC.
61200
0310312010
51.09
51.09
1 44593
0311812010 000603 CAR EST AUTO PARTS
731 - 39 1837
031021201
93.50
731 392593
0310512010
45.45
138.95
144594
0311812010 001314 CDF/STATE FIRE TRAINING
031610
03116!2010
40.00
40.00
144595
0311812010 000163 CHE LANE
27326
0211612010
326.22
326.22
D
144596
0311812010 007736 CITIENSERIE
1501
0311012010
50,000.00
50
c�
c�
1 44597
03/18/2010 000171 CLINICAL LABORATORY OF
906627
0310812010
860.00
860.00
-
144598
03118/2010 000195 CRYSTAL SPRINGS WATER
17922
0310212010
46.65
312 - 018068
0310212010
1 7.85
M 00
2/28- 048519
02/2812010
1 x.95
75.45
(A iD
Page: 3
apkHist
Check History Listing
Page:
0313012010
4:34PM
CITY OF ARROYO GRAND
Bank code: boa
Check #
Date Vendor
Status ClearNoid Date Invoice
I nv. Date
Amount Pald
Check Total
1 44599
03/18/2010 000208 J B DE WAR, , INC
723558
0212812010
84.56
84.56
144600
03/18/2010 006848 DNB INDUSTRIAL SUPPLY
399575
0210212010
75.00
75.00
144501
0311 812010 007707 RICK DONALD
031810
03/18/2010
203.00
203.00
144002
03118/2010 007383 JUDITH DYER
031810
03/18/2010
223.00
223.00
144603
0311812010 005712 ELEDTRI RAFT I NC
4177
03/11/2010
881.50
361.50
144604
03118/2010 000240 FARM SUPPLY CO
236340
02105120'10
391 49
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144605 0311812010 001525 FERGUSON ENTERPRISES,
144606 0311812610 006833 FORD MOTOR CREDIT
1 44607 0311812016 600262 FRANK'S LOCK & KEY
144608 0311812010 004372 GARIG TAYLOR
144609 03118/2010 000605 THE GAS COMPANY
144610 0311812010 000288 CITY OF DROVER BEACH
144611 0311812910 006060 MICHAEL H BERT
234212
246998
250644
237362
24289
5928557
5 923614
ACCT 5541 00
30204
30048
30076
103'18
10317
10379
315 -140
3/9 -214
319 -200
315 -211
3l -218
3/9 -208
319 -111
AT#3
031210
02103/2010
02/19/2010
0212512010
0210812010
0211 012010
0311 012010
03/0512010
03/1712010
03/0312010
0210112010
02/03/2010
01/31/2010
01/3112010
0212812010
0310512010
0310912010
03/09/2010
0310512010
03109/2010
0319912910
03109/2010
0311112010
03/18/201
188.36
91.33
59.60
26.64
-50.00
836.29
743.1
17,007-32
234.90
100.00
5.44
476.62
325.00
34.79
434.02
155.61
110.29
10
47.60
48.'16
15.78
55.81
12.98
707.51
1, 579.46
1 7,007.32
340.34
836.41
973.52
55.81
12.06
Page: 4
ap kH!st Check History Listing Page:
03/3012010 :3 PM CITY OF ARROYO GRANDE
Bank cote: boa
Check # Date Vendor
144612 03/1812010 006644 IRON MOUNTAIN
1 4461 3 0311312010 001793 J J KELLER & ASSOCIATES,
144614 0311312010 000393 LUCIA MAR UNIFIED SCHOOL
144615 0311812010 000426 MIER BROS LANDSCAPE
144616 03/1812010 000429 MINER'S 'S ACE HARDWARE,
144617 0311812010 000441 M F
D 144618 03/1612010 000466 NOBLE SAW, INC
c�
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144619 0311812010 007054 NORTH TH COAST
144620 0311812010 000468 OFFICE DEPOT
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ft-40
Status ClearNoid Date Invoice
BLX5295
008260458
100626
100631
100630
100629
100083
162724
K2482
L0428
K2957
L0512
L05533
K26010
L06288
K25433
K27382
.2616
K626
K26019
K26716
X2684
K26847
L05 707
FOCS20382
1 861 87FIJ
76314
75815
32697
511003253001
509979910001
Inv- Date Amount Paid
02/2812010 152.00
03/0912010 200.81
0310512010
2
0310512010
926.55
03/0512010
796.50
0310612010
649.65
03105/2010
616.43
02/01/2010
1
03106/2010
56.51
0311612010
46.15
03/11/2010
35.79
03/05/2010
23.91
03/0912010
22.78
03/0212010
19.56
03/1512010
1 3.03
0212512010
13
03115/2010
9
03104/2010
8.69
03102/2010
6.51
63/0212010
6.51
03/0912010
6.50
0316912010
5.43
03/10/2010
4. 88
03110/2010
-16.27
02/1612010
324.42
0310512010
81.83
02127/2010
87.$0
62127 /2016
9.49
02/25/2010
17,257.00
03102/2010
47.59
02/25/2010
1 5.9 4
152.60
200.61
5
1,846.75
262.77
356.25
47.89
17,257.60
Check Total
Page:
ap kHist
03130/2010
4 :34PM
Check History Listing
CITY OF ARROYO GRAND
P 6
Bark code: boa
Check #
Date Vendor
Status ClearfVoid Date Invoice
Inv. Dame
Amount Paid
Check Total
50997975 1 001
02/22/2010
13.83
77.36
1 4462 1
03/18/2010 007453 PLANNING COMPANY ASSOC
727
0 2/28/2010
5
5
1 44622
03118/2019 006696 POSTAL CONCEPTS
00589006
12/04/2099
44.11
5405
93!09/2019
8.86
52.97
144623
03118/2010 006520 QUINN COMPANY
630184955
03105/2610
246.38
246.38
1 44624
0311812010 000523 R & T EMBR INC
36251
02/17/2010
554.48
554.48
144625
03118/2010 003089 RINCON CONSULTANTS INC
13898
02/2512019
3,257.50
8,257.50
1 44626
03118/2010 000810 RRM DESIGN GROUP
02101 309503
03/19/2019
5,61 1.25
5,61
144627
03118/2010 002932 RUTAN & TUGGER, LLP
576221
02119!2010
565.50
576206
02/19!2010
136.50
576219
02/19/2010
44.29
746.29
144628
03/18/2010 000569 SAN LUIS PAINTS
G78391
0210612610
146.81
146.81
144629
03118/2010 002142 SAN LUIS PAPER CO
595982
03/09/2910
256.56
572848 -0 3 R E L IT
08110/2609
-5
194.01
144630
0311 812010 000598 SNAP TOOLS CORP
194370
02/24/2010
768.90
194596
03193/2916
389.33
194896
03110/2919
56.12
1,213.45
144631
0311812019 003641 SOUTH COUNTY SANITARY
2822978
02/01/2010
175.21
175.21
144632
03/18/2910 060618 STATEWIDE SAFETY &
75774
03/95/2010
584.55
76853
03/10/2010
1 21.24
705.79
144633
0311612010 002137 VERIZON WIRELESS
0847268548
92/26/2016
14.44
14.44
144634
03/1812010 002609 iIATERBYS PLUMBING
031510
03/18/2010
1
1,909.50
144635
03118/2010 000687 IIAYNE`S TIRE, INC
791519
03/08/2919
20.00
20.90
C
144636
03/1812010 003211 DEBBIE 11EI HINDER
631810
03/18/2010
266.34
266.34
144637
03/18/2910 600699 LEE WILSON ELECTRIC
1 002
03/091201
2,822.1
c�
100228
08/0912610
448.90
3
M 00
00 iD
Page: 6
a pDkHit Check History Listing Page:
03 /30/2010 : 4PM CITY OF ARROYO GRANDE
Bank code: boa
C heck # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total
144638 03/1812010 004897 WOOD RODGERS INC 7 01/1012010 922 50
Page.
71611
6111 612610
172.50
1,095.90
144642
0312512016 007738 SHELLI I MAYA
032210
03122/2010
30.00
30.00
144643
0312512010 000055 B & T SVC STN
9890
03/11/2010
145.06
145.00
144644
03/25/2010 006087 BREDEN PEST CONTROL,
113382
1112412009
114.00
118532
63/1812010
11 2.00
226.00
144645
03/25/2010 007739 KI I E R L E E B R I C E
032219
03/22/2910
30.00
36.99
144646
03/2512610 005890 CANNON
48190
02128/2010
1
1 1 320.00
144647
03/2512610 040603 DAR REST AUTO PARTS
7314 394662
63115/2010
88.10
73 394031
0311
13.69
101.79
144648
03/2512010 007741 ALEJANDRA CASTILLO
032216
93122/2010
237.50
237.50
144649
03/2512616 003988 CENTRAL COAST
A21331
0212412910
545.06
546.00
144650
03/2512016 000160 CHAPARRAL
31
031011291
176.
176.
144651
0312512010 007728 SCOTT C
03231
03123/2010
60.00
66.06
144652
03/2512010 001854 JIM DE ECDO
032310
0312312016
46.00
40.00
144653
03/25/2010 000208 J D D E IfA , INC
912254
0212612016
20,093-30
29, 093.39
144654
03/2512010 067271 MARY LOCKWOOD EISTER
032510
0312512019
829.00
629.09
144655
03/25/2010 007742 PEY ELROD
632216
0312212010
30.06
36.09
144656
03/25/2919 007129 TERRY ENDER
632 310
03/23/2010
229.96
229.06
144657
03125/2010 001420 EVERGREEN 01L, INC
0493795
63109/2016
75.96
75.09
c.Q
144658
03125/2010 007743 FA CO PIPE AND SUPPLY
124660
031'1912010
'1,734,56
1 1 734.56
�
CL
144659
0312512010 061525 FERGUSON ENTERPRISES,
5960088
93117/2010
'1,351.77
-
5923667
03/11/2010
1 93.43
c�
5923667 -1
03112/2010
275.15
M 00
5928557 -1
03112/2010
15.23
2,835.68
w iD
Page.
ap kHi t Check History Listing P
0313012010 4:34PM CITY OF ARROYO AIDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
144660 03/25/2010 000605 THE GAS COMPANY 3/15-1375 03/15/201 44 3
Page:
3/1 -200
0311212019
233.01
3115-350
03/15/2010
214.73
3/11-910
9311112010
45.73
3/11-1500
0311112010
14.79
953.54
144661
0312512010 006003 RODNEY GRAY
032310
03/23/2010
160.00
160.00
144662
0312512010 002405 CHUCK HARE
032310
03/23/2010
110.00
110.00
144663
0312512010 004188 E D D I E HARRIS
032 310
0312312010
40.00
40.00
144664
0312512010 006614 HOLIDAY RV PARK
032210
0312212019
220.00
220.00
144665
0312512010 001360 HOPKINS TECHNICAL
201005055
03103!2010
50.53
59.53
144566
0312612010 006456 JOHNATHAN H F ST
031010
0311012010
180.00
130.00
144667
0312512010 005902 JESSIE S JAG NASE
100
0211512019
430.00
430.00
144665
0312512010 007299 G ASTON KETTING OLIVIER
032310
0312312010
220.99
220.00
144669
0312512010 004345 JOHN LA SON
032310
03123/2010
30.00
30.00
144670
0312512010 005511 CHRISTOPHER LINTNER
032310
0312312010
162.00
152.00
144671
03/25/2010 007744 JULIA LOPEZ
032210
0312212019
30.00
39.00
144672
0312512010 000303 LUCIA MAR UNIFIED SCHOOL
100478
9112112019
600.00
600.00
144673
0312512010 007520 STEPHANIE MASTRO
032310
0312312010
66.00
66.00
144674
03/25/2010 000429 MINER'S ACE HARDWARE, AF E,
K1253
1 012212009
53.41
K23002
0311912010
10.84
64.26
144675
0312512010 007745 MARK OR KIM NUNEZ
032210
9312212010
30.00
30.00
D
144676
0312512010 000403 OFFICE DEPOT
511960296001
0310912010
57.55
CL
511765393001
03108/2910
40.48
98.01
0
144677
03/25/2010 000461 PACI GAS & ELECTRIC
3/11 - 620338
0311112010
197.48
3112- 731295
03/12/2010
3.87
00
3113- 190316
03/13/2010
3,42
214.77
o�
Page:
ap k ist
Check History Listing
428582
03/18/2010
P age:
0313012010
:3 PM
CITY OF ARR GRANDE
0312812910 907748 PAUL SALIT
032510
93/25/2019
Bank code:
boa
144888
93128/2919 098080 AARTI A SARMIENTO
03231
Check #
Date Vendor
status ClearNoid Date Invoice
Inv. Date
Amount Paid
Check Total
144673
93125/2919 004833 STEVE ROMO ROM
93231
93/23/2919
132.00
132.90
144679
93/25/2919 909536 GREG ROSE
932319
93/23/2910
169.90
169.09
144689
93/25/2019 006921 BLAKE RKELLY
932319
031231291
119.90
110-00
144681
03/2512010 098594 LAWRENCE RUCKER
03231
03/23/2010
132.99
132.00
144852
9312512010 003849 CHARLES D (DON) RUIZ
932319
0312312010
89.00
30.99
1 44883
03125/2019 900538 S & L SAFETY PRO DUCTS
558799
9208/2nI9
278 AR
932310
Page:
428582
03/18/2010
173.89
480.55
1 44884
0312812910 907748 PAUL SALIT
032510
93/25/2019
77.99
77.90
144888
93128/2919 098080 AARTI A SARMIENTO
03231
93/23/2910
119.90
110-00
144880
93125/2910 003924 //DARK SCHAFFER
032310
9312312910
80.99
80.00
1 44887
93/28/2910 907747 KELLY SHARPS
93221
03/22/2010
340.99
340.90
144688
93/25/2910 000888 SLO COUNTY
0968749
03/1212919
1,734.94
0985766
03/12/2919
1,911.87
2 * 746.51
1 44689
03/25/2010 904860 TAMMY SMITH
932310
03/2312919
90.09
90.09
1 44699
03/25/2010 067229 DONALD SNYDER
932310
03/23/2919
40.00
40.00
1 44691
03/25/2010 007749 SALVADOR SOTO
932219
93/2212919
20.09
20.00
1 44892
03/25/2010 099809 BOB SPEAR
932319
93/23/2919
110.09
11 9.00
1 44693
03/25/2010 997759 SARAH STANTON
932219
93122/291
39.09
39.00
144694
9312512019 999813 STATEWIDE SAFETY &
78214
92/08/2010
390.99
390.00
D
144698
03/25/2010 992370 TITAN INDUSTRIAL
1 040988
93/18/2010
36.78
36.73
t�
144696
03/25/2010 900644 TOWN & COUNTRY FENCING
PW 2010-04
0311912010
1 9 2 80720
19,807.20
144997
03128/2910 007751 DONNA V E RSEC KI1 E
932219
0312212010
39.90
30.99
144698
9312512910 002137 VERIZON WIRELESS
9849987294
0310712010
47.18
47.1
c�
�F
Page:
ap kHist Check History Listing Page: 1
0313012010 4: 4PM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
144699 03/29/2010 004035 OMNI MEANS LTD 30274130332 0212412010 15,316.50 18,310.50
D
c�
c�
CL
0
c�
�F
N 0
1 44700 03/3012010 000058 BANK OF AMERI
318 -8930
031081201
1
318 -2059
03/08/2010
906.03
318 -7752
031081201
474.20
318 -2050
0310812010
412.25
3/8 -2531
0310812010
382.27
318 -9436
03/08/2010
105.88
313 -4272
0310812010
30.00
3/8-0915
0310812010
71.52
313 -5736
031081201
2
313 - 9444
031081201
- 125.27
boa Total:
127 checks in this report
Total Checks:
3,674.71
212,100.64
212,100.64
Page: 1
o
A P R R 0 �6
INCORPORATED
*\ JULY 10, 1911
c+`
Aq
M EMORANDUM
To: CITY COUNCIL REDEVELOPMENT AGENCY BOARD
FROM: ANGELA KRAETSCH, DIRECTOR of ADMINISTRATIVE SERVICE
SUBJECT: CONSIDERATION of AGREEMENT of CONSULTANT SERVICES
FOR AUDIT SERVICES
DATE: APRIL 13, 201
R ECOMMENDATION:
It is recommended that the City Council Redevelopment Agency Board authorize the
Mayor to enter into a three -year consultant services agreement with the audit firm of
Moss, Levy, & Hartzheim, certified Public Accountants.
FINANCIAL IMPACT:
The costs for audit services are $20,120 for FY 2009-10, $20,815 for FY 2010-11 and
$21 ,545 for FY 2011-12. The appropriation for audit services has been included in the
Fly 2009 -10 & FY 2010-11 Biennial Budget. No additional appropriation is needed.
B ACKGROUN D:
Municipalities and businesses hire auditors to produce annual financial statements and t
conduct evaluations of the entity's internal control. The auditor is responsible for
determining that the financial statements do not include material errors and do not
misrepresent the City's financial condition. In the evaluation of internal controls, the
auditor appraises procedures than could allow collusion, theft or fraud.
ANALYSIS of ISSUES:
n January 5 # 201 , the Director of Administrative Services issued a r gue t for audit
proposals to five certified public accounting firms. Staff received three proposals. The firm
of Moss, Levy & Hartzheim was the second lowest cost of the three proposals. The lowest
bidder is a new accounting firm located in rancho Cucamonga and they do not currently
have any City government clients.
The City has contracted with the firm of Moss, Levy, & Hartzheim for the last nine years.
The city has been very satisfied with the firm's performance, responsiveness, and the
audit documents. staff looked for a firm that had e with city government, was
grilling to assist throughout the year as an information resource, and could provide
guidance in implementing new Government Accounting standards Board (GASP)
pronouncements.
Agenda Item 8.b.
Page 1
CITY COUNCIL
AWARD D of AUDIT SERVICES CONTRACT
APRIL 13, 2010
PAGE 2
Therefore, their proposal met all of the criteria set forth by the City. As a result, staff is
recommending that the City contract with Moss, Levy, & Hart heim for an additional three
year period FY 2009 -10, FY 2010 -11, & .Fly 2011-12).
ALTERNATIVES:
ES:
The following alternatives are provided for City Council consideration:
Approve staff recommendation;
Select the lowest cost proposal;
Direct staff to issue a new I FP; or
- Provide direction to staff.
ADVANTAGES:
The selected audit firm will perform a financial and compliance audit to determine whether
the combined financial statements of the City fairly present the financial position and the
results of financial operations in accordance with generally accepted accounting principles,
and whether the City has complied with lavers and regulations that may have a material
effect upon the financial statements.
DISADVANTAGES:
There are no disadvantages to this recommendation.
ENVIROMEI TAL REVIEW:
No environmental revie w is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Tuesday, April 6, 2010. The Agenda
and report were posted on the City's website on Wednesday, April 7, 2010. No public
comments were received.
Attachment(s):
1) Consultant Services Agreement
Agenda Item 8.b.
Page 2
ATTACHMEI T'I
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREE M E N T is made and effective as of April 13 201 g, between MOSS, LE Y,
HA T HEI I LLP ("Consultant"), and the CITY of ARROYO GRANDE, a Municipal
Corporation ("City"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM
This Agreement shall commence on April 13, 2010 and shall remain and continue in
effect until June 30, 2013, unless sooner .terminated pursuant to the provisions of this
Agreement.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and provisions set
forth in Exhibit "A ", attached hereto and incorporated herein by this reference.
I PE FO MANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability,
experience and talent, perform all tasks described herein. Consultant shall employ, at a
minimum generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
The City's Administrative Services Director shall represent the City in all matters
pertaining to the administration of this Agreement. Moss, Levy, & Hart heim is designated
Project Manager shall represent Consultant in all matters pertaining to the administration
of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and terms
set forth in Exhibit "E ", attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION of AGREEMENT EEMENT IIITHOUT CAUSE
(a) The City may at any time for any reason,, with or without cause, suspend or terminate
this Agreement, or any portion hereof, by searing upon the Consultant at leant ten 10
days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City
suspends or terminates a portion of this Agreement such suspension or termination shall
not male void or invalidate the remainder of this Agreement.
Agenda Item 8.b.
Page 3
(b) In the event this Agreement is terminated pursuant to this section, the City shall pall
to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Consultant will submit an invoice to the City
pursuant to Section 5.
7. TERMINATION ON OCCURRENCE of STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the following
events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Consultant's business; or
( c) Assignment of this Agreement by Consultant without the consent of City.
( d) End of the Agreement terra specified in Section 1.
8. DEFAULT of CONSULTANT
(a)The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terns of
this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to rake progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it shall
not be considered a default.
(b)lf the City Manager or his /her delegate determines that the consultant is in default in
the performance of any of the terms or conditions of this Agreement, he /she shall cause
to be served upon the Consultant a written notice of the default. The Consultant shall
have ten (1 0) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement to terminate this Agreement without further notice and without
prejudice to any other remedy to which it may be entitled at law, in equity or under this
Agreement.
g. LAWS To BE OBSERVED. Consultant shall,
(a) Procure all permits and licenses, pay all charges and fees, and give all notices which
may be necessary and incidental to the due and lawful prosecution of the services to be
performed by Consultant under this Agreement}
(b) Keep itself fully informed of all existing and proposed federal, state and local laws,
ordinances, regulations, orders, and decrees which may affect those engaged or
N
Agenda Item 8.b.
Page 4
employed under this Agreement, any materials used in Consultant's erforrnanc under
der
this Agreement, or the conduct of the services under this reement;
g a
(c) At all times observe and comply with, and cause all of its employ to observe
and
comply with all of said lags, ordinances, regulations, orders, and decrees mentione
above;
( d) Immediately report to the City's Contract Manager in writing any discrep p y or
inconsistency it discovers in said lavers, ordinances, reg ulations, orders and decrees
g ,
mentioned above in relation to any plans, drawings, specifications, or p rovisions of this
Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at lave or in equi
occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP of DOCU MENTS
TS
(a) Consultant shall maintain complete and accurate records with respect to sales, costs,
e receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give City the right to examine mine arnd audit said books and records;
shall permit City to make transcripts there from as necessary; and shall allow inspection
of all work, data, documents, proceedings, and activities related to this Agreement. Such
records, together with supporting documents, shall be maintained for a period of three 3
years after receipt of final payment.
( b) Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents and computer files shall be returned to the City if requested, and the
Consultant shall make available to the City, at the Consultant' office and upon
reasonable written req by the city, the necessary computer software and hardware
for purposes of accessing, compiling, transferring, and printing computer files and any
other work files the Consultant developed internally as part of its performance of this
Agreement. The Consultant shall not share with any third parties, at any time during or
after the performance of services under this Agreement, any information obtained directly
or indirectly from the City during the course of the Agreement without advance written
approval by the City.
11. INDEMNIFICATIO
( a ) Indemnification f r Professionarr����LiabilityProfessi naf����Liabili . When the law establishes a professional
standard of cage for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
Agenda Item 8.b.
Page 5
officals, employees and agents "Indemnified Parties" from and against any and all
losses, liabilities, damages, costs and expenses, including attorney's fees and costs to
the extent same are caused in whole or in part by any negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subcontractors or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of
professional services under this agreement.
{b Indemnification for Other Than Professional Liability Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
defend and hold harmless City, and any and all of Its employees, officials and agents from
and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees), where the same
arise out of, are a consequence of, or are in any gray attributable to in whole or in part,
the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this section from each and
every subcontractor or any other person or entity involved by, for with or on behalf of
Consultant in the performance of this agreement. In the event Consultant fails to obtain
such indemnity obligations from others as required here, Consultant agrees to be fully
responsible according to the terms of this section. Failure of City to monitor compliance
with these requirements imposes no additional obligations on City and will in no way act
as a waiver of any rights hereunder. This obligation to indemnify and defend City as set
forth here is binding on the successors, assigns or heirs of Consultant and shall survive
the termination of this agreement or this section.
12. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as
though set forth in full.
13. INDEPENDENT CONSULTANT
T
(a) Consultant is and shall at all tines remain as to the City a wholly independent
Consultant. The personnel performing the services under this Agreement on behalf of
Consultant shalt at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers, employees, or agents of
Agenda Item 8.b.
Page 6
the City. Consultant shall not incur or have the power to incur any debt, obligation, or
liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with performance
of this Agreement. Except for the fees paid to consultant as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
14. UNDUE INFLUENCE
CE
Consultant declares and warrants that no undue influence or pressure was or is used
against or in concert with any officer or employee of the City of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No officer
or employee of the City of Arroyo Grande will receive compensation, directly or indirectly,
from Consultant, or from any officer, employee or agent of consultant, in connection with
the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to
any and all remedies at laver or in equity.
15. NO BENEFIT To ARISE To LOCAL EMPLOYEES
N member, officer, or employee of City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the project during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
agreement or sub- agreement, or the proceeds thereof, for work to be performed in
connection with the project performed under this Agreement.
16. RELEASE of INFORMATION/CONFLICTS of INTEREST
EST
(a) All information gained by Consultant in performance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents, or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under
this Agreement or relating to any project or property located within the city. Response to
a subpoena or court order shall not be considered "voluntary" provided Consultant gives
City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees,
agents, or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or other
discovery request, court order, or subpoena from any person or party regarding this
Agreement and the work performed there under or with respect to any project or property
W
Agenda Item 8.b.
Page 7
located within the City. City retains the right, but has no obligation, to represent
consultant and/or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide the opportunity to review any
response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite
said response.
17. NOTICES
Any notice which either party may desi to give to the other party under this Agreement
must be in writing and may be given either by i personal service, ( ii) delivery by a
reputable document delivery service, such as but net limited to, Federal Express, which
provides a receipt shoring date and time of delivery, or (iii) mailing in the United States
Mail certified mall, postage prepaid, return receipt requested, addressed to the address
of the party as set forth below or at any other address as that party may later designate
by notice:
To City: City of Arroyo Grande
Angela Kraetsch
214 E. Branch Street
Arroyo Grande, CA 93420
To Consultant: Moss, Levy & Hart heirn LL P
805 E. Main Street
Santa Maria, CA 93454
18. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
without the prier written consent of the City.
19. GOVERNING LAV
The City and Consultant understand and agree that the lavers of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the superior or federal district court with jurisdiction over
the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
0
Agenda Item 8.b.
Page 8
Agreement based solely upon the representations set forth herein and upon each party's
ern independent investigation of any and all facts such party deems material.
21. T IME
City and Consultant agree that time is of the essence in this Agreement.
22. CONTENTS of REQUEST FOR PRO POSAL AND PROPOSAL
SAL
Consultant is bound by the contents of the City's Bequest for Proposal, Exhibit D,
attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Consultant, Exhibit E, attached hereto and incorporated herein
by this reference. In the event of conflict, the requirements of City's Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant's proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review this
Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments s or exhibits thereto. The captions of the sections are for convenience
and reference only, and are not intended to be construed to define or limit the provisions
to which they relate.
24. AMENDMENTS
Amendments to this Agreement shall be in writin and shall be made only with the mutual
written consent of all of the parties to this Agreement.
25. AUTHORITY To EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he /she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
VA
Agenda Item 8.b.
Page 9
IN WITNESS WHEREOF, the parties hereto h ave caused this Agreement t0 be executed
g to
the day and year first a bove written.
CITY OF ARROYO GRANDE
By:
Tony Ferrara, Mayor
Attest
Kelly Wetmore, City Clerk
Approved As TO Form:
Timothy J. Carmel, City Attorney
By:
Its:
8
CONSULTANT
(Title)
Agenda Item 8.b.
Page 10
. i A
SCOPE OF WORK
The selected audit firm will perform a financial and compliance audit to
determine whether the combined financial statements of the city fairly p resent the
financial position and the results of financial operations in accordance with
generally accepted accounting principles, and whether the City has complied with
lavers and regulations that may have a material effect upon the financial statements.
The auditors will examine the City's internal accounting controls and
accounting procedures and render written reports of their findings and
recommendations to the Director of Administrative Services am the City
Manager. The examination shall be made and reports rendered in accordance with
generally accepted government auditing standards.
In the required reports on internal controls, the auditor shall communicate
any reportable conditions found during the audit. A reportable condition shall be
defined as a significant deficiency in the design or operation of the internal control
structure, which could adversely affect the organization's ability to record, process,
summarize, and report financial data consistent with the assertions of management
in the financial statements.
Reportable conditions that are also material weaknesses shall be identified
as such in the report. Von- reportable conditions discovered by' auditors shall be
reported in a separate letter to management, which shall be referred to in the
reports o n internal controls.
The Director of Administrative Services or designee will be responsible for
coordinating the audit process internally. The auditors will meet with the Director of
Administrative Services or designee at the end of the fieldwork process to discuss
preliminary audit findings and management recommendations.
Prior to issuing their final reports,
Administrative Services and designee.
City Council.
the auditors will meet with the Director of
All audit reports will be addressed to the
The auditors may be consulted occasionally throughout the year as an
information resource. The auditors may be asked to provide guidance on
implementation of Government Accounting Standards Board GAS requirements
and specifics of federal and state regulations as they may affect local government
accounting. They may also be asked to assist with the implementation of new
pronouncements.
Z
Agenda Item 8.b.
Page 11
The auditors will audit and prepare the report on the compliance with the
Single Audit Act of 1984, as amended in 1996, and applicable laws and
regulations.
The auditors will perform a financial audit and prepare the Annual Financial
Report rt for the City o Arroyo Grande Redevelopment Agency.
The City receives funding under the Transportation Development Act (T DA
through the San Luis Obispo Council of Governments SL O G . This agenc
requires a financial and compliance audit of funds received and expended from
Section 99400, 99234, and 99260 of the Public Utilities code. The auditors will be
required to perform this audit and prepare the required report.
The auditor, subject to an amendment, will prepare any other sp ecial
purpose audits that may be required during the term of the agreement.
The City responsibilities will be to prepare the final closing of the books. The
City will provide balance sheets for all funds and groups, statement of revenues
and expenditures for all funds as well as detailed subsidiary ledgers.
The City will produce the confirmation fetters that are mailed by the auditors,
The City staff will be available to assist the auditors in locating records or
preparing audit schedules.
The City will provide the auditor with reasonable workspace, desks, and
chairs. The auditors will also be furnished access to telephones, facsimile
machines, and photocopying machines.
1
Agenda Item 8.b.
Page 12
r"11-11T n
PAYMENT ENT SCHEDULE
Moss, Levy, & Hart helrn will perform professional auditing services for the following
costs:
Financial Statements:
Audit Basic Financial Statements
{Reports & 0 pinions & Assista nce with CA FR
Fiscal Year Fiscal Year Fiscal Year
20094 2010-11 2011-1
14,340 14 $ 15,450
Financial mpl isrice Report rt Report rt Prep rati n:
Ar royo G ran de Redevelopment Agency
Tr nsp r tion Development Act
Single Audit Act (if applicable)
Total:
II
2,830 2 3
1 11760 1
1 250 1 11260
$ 20,120 $ 20,81 21
Agenda Item 8.b.
Page 13
FXHIRIT r.
INSURANCE REQUIREMENTS
{error to the beginning of and throughout the duration of the Work Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to corny with these requirements. if that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds mailable to City in excess of the limits s and
coverage required in this agreement and which is applicable to a given loss, will he
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
ial
General Liability" policy from CG 00 01 or the enact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits b
one insured against another. Limits are subject to review but in no event less than
$1 000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1 ,000,000 per accident. If Consultant vans no vehicles, this requirement
may be satisfied by a non -owned auto endorsement to the general liability policy
described above. If Consultant or Consultant's employees will use personal autos in any
gray on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1 000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop darn
provision providing primary coverage above a maximum $25,000 self - insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided
on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Consultant, subcontractors or others involved
12
Agenda Item 8.b.
Page 14
in the Work. The scope of coverage provided is subject to a pproval oval f City following
receipt of proof of insurance as required herein.
Professional Liability or Errors and missions Insurance as app shall `
. . pp a!I be rotten
on a policy form coverage specifically designated to protect ag ainst acts errors or
omissions of the Consultant and "Covered Professional Services" as policy designated in the
specifically g
cy must specifically include work performed under this agreement. The policy limit
shall be no less than $1, 00,000 per claim and in the re ate. The olio must "
gg g p pay on
behalf of' insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written en insurer that are
admitted catfiers in the state California and with an A. M. Bests rating of A. or better and a
minimum financial size V11.
General conditions pertaining to provision of insurance coverage b Consultant.
y
Consultant and City agree to the following with respect to insurance p rovided b
Consultant:
I.Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds City, its officials employees and agents,
using standard ISO endorsement Nor CG 2010 with an edition prior to 1992. Consultant
also agrees to require all Consultants, and subcontractors to do likewise.
2r No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees, or agents, from waiving the right of subrogation
prior to a loss. Consultant agrees to waive subrogation rights against City regardless of
the applicability of any insurance proceeds, and to require all Consultants and
subcontractors to do likewise.
3.All insurance coverage and limits provided by Consultant and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in
this Agreement or any other agreement relating to the City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to City
and approved of in writing.
5- No liability policy shall contain any provision or definition that would serve to eliminate
so- called "third party action over claims, including any exclusion for bodily injury to an
employee of the insured or of any Consultant or subcontractor.
6-All coverage types and limits required are subject to approval, modification and
additional requirements by the City as the need arises. Consultant skull not make any
1
Agenda Item 8.b.
Page 15
reductions in scope of coverage e.g. elimination of contractual liabili ty or reduction of discovery period) that may affect Cit protection without City's prior written consent,
7. Proof of cornpIiance with these insurance requirements, cons istin g of certificates of
insurance evidencing all of the coverage required and an additional insured endorsement
to consultant's general liability policy, shall be delivered to city at or prior to the execution
of this Agreement. In the event such proof of any insurance is not delivered as req uired,
or in the event such insurance is canceled at any time and no replacement coverage is
provided, city has the right, but not the duty, to obtain any insurance it deems necessar
to protect its interests under this or any other agreement and to pay the p remium. An
premium so paid by City shall be charged to and promptly paid by consultant or deducted
from sums due Consultant, at city option,
8.Certificate(s) are to reflect that the insurer will provide 30 days notice to City of an
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" a
opposed to being required) to comply with the requirements of the certificate,
9, It is acknowledged by the parties of this agreement that all insurance coverage req uired
g
to be provided by Consultant or any subcontractor s intended to apply first and on a
primary, noncontributing basis in relation to any other insurance or self insurance
available to City.
1 o.consultant agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by consultant, provide the same
minimum insurance coverage required of Consultant, consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage
is provided in conformity with the requirements of this section. consultant agrees that
upon request, all agreements Frith subcontractors and others engaged in the project gill
be submitted to City for review.
1 .Consultant agrees not to self - insure or to use any self - insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it will
not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in
any way involved in the performance of work on the project contemplated by this
agreement to self-insure its obligations to City. If Consultant's existing coverage includes
a deductible or self- insured retention, the deductible or self- insured retention must be
declared to the city. At the time the City shall review options with the Consultant, which
may include reduction or elimination of the deductible or self - insured retention,
substitution of other coverage, or other sol utions.
12-The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Consultant ninety 90 days
advance written notice of such change. If such change results in substantial additional
14
Agenda Item 8.b.
Page 16
cost to the Consultant, the City will negotiate additional compensation ro rtion
l� a i to th
increase benefit to - City.
13, or purposes of applying insurance coverage only, this Ag reement will be deemed eeme to
have been executed immediately upon any part hereto taking an s te p s that ]� g � p t can be
deemed t . be �n furtherance of or towards performance of this Agreement.
1.Consultant acknowledges and agrees that any actual or alleg failure on the art of
g
City to inform Consultant of non -- compliance with any insurance req uirements in no.wa
imposes any additional obligations on City nor does it waive any rights hereunder in this
or any other regard.
1 5.c nsultant will renew the required coverage annually as long s c r its em
g �� employ
�
or agents face an exposure from operations of any type pursuant to this agreement. This
g
obligation apples whether or not the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a written statement to that
effect.
16-Consultant shall provide proof that policies o insurance required herein exp iring
� g
during the term of this Agreement have been renewed or replaced with other p olicies
providing at least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from Consultant's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new
coverage must be provided to City within fire days of the expiration of the coverage.
17-The provisions of any workers' compensation or similar act will not limit the obligations
of Consultant under this agreement. Consultant e agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and
agents.
1 .Feuirernents of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all - inclusive.
1 g,These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as
such.
20.The requi rements in this Section supersede all other sections and provisions of this
Agreement to the e that any other section or provision conflicts with or impairs the
provisions of this Section.
1
Agenda Item 8.b.
Page 17
21 -Consultant agrees to be responsible for ensuring hat no contract used b an
g ]� pa
involved in any way with the project reserves the right to charge City or Consultant for the
cost o i nsurance nsurance coverage required by this agreement. Any such provisions
are to be deleted with reference to City. It is not the intent of City to reimburse any third
party for the cost of complying with these requirements. There shall b no recourse
against City for payment of premiums or other amounts with resp ect thereto.
22-Consultant agrees to provide immediate notice to City of any claim or loss g ain t
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the, du to monitor the
�
handling of any such clam or cla if they are likely to involve City.
1
Agenda Item 8.b.
Page 18
EXHIBIT D
CITY OF ARROYO GRANDE
REQUEST FOR PROPOSAL FOR
AUDIT SERVICES
I. PROPOSAL INTENT
The City of Arroyo Grande is soliciting the services of qualified CPA firms to audit all funds of the City
of Arroyo Grande and the City of Arroyo Grande Redevelopment Agency for the Fiscal bears
2009 -10, 2010 -11, and 2011 -12. These audits are to be performed in accordance with generally
accepted auditing standards, the standards set forth for finandal audits in the U.S. Government
Accountability office's (GAO) Government Auditing Standards (GAS), the provisions of the Federal
Single Audit Act and the U.S, office of Management and Budget (OMB) Circular A -133, and
Governmental Accounting Standards Board AS Pronouncements.
II. BACKGROUND
The City of Arroyo Grande:
The City of Arroyo Grande is a fall - service city, which currently comprises 5.45 square miles and
serves 17,080 residents. It is located on the Central Coast of California midway between Los
Angeles and San Francisco.
The City provides a full range o f s ervices, including police and fire protection; the construction and
maintenance of highways, streets, and other infrastructure, and recreational activities and cultural
events. Certain sanitation services are provided through the Water and Severer Funds, which
function as a Public works Department of the City.
The Administrative Service Staff:
The Administrative Services department administers the City's operating activities for Treasury,
Utility Billing, Business licenses and Purchasing. The department also administers the financial
activities for the General Ledger, Accounts Payable, and Payroll. It also leads the City's budget
preparation process and is responsible for the preparation of the Comprehensive Annual Financial
Deport and special reports as required by laver.
The City of Arroyo Grande uses Eden Inforu m Cold software for general ledger, budget, accounts
payable, and payroll accounting.
Ill. SCOPE of WORK
The selected audit firm will perform a financial and compliance audit to determine whether the
combined financial statements of the City fairly present the financial position and the results of
financial operations in accordance with generally accepted accounting principles, and whether the
City has complied with laws and regulations that may have a material effect upon the financial
statements.
The auditors will examine the City's internal accounting controls and accounting procedures and
render written reports of their findings and recommendations to the Director of Administrative
Services and/or the City Manager, The examination shall be made and repot rendered in
accordance with generally accepted government auditing standards.
In the required reports on internal controls, the auditor shall communicate any reportable conditions
found during the audit. A reportable condition shall be defined as a significant deficiency in the
Agenda Item 8.b.
Page 19
design or operation of the internal control structure, which could adversely affect the organizationts
ability to record, process, summarize, and report financial data consistent with the assertions of
management in the financial statements.
Reportable conditions that are also material weaknesses shall be identified as such in the report.
Non- reportable conditions discovered by auditors shall be reported in a separate letter to
management, which shall be referred to in the reports on internal controls.
The Director of Administrative Services or designee will be responsible for coordinating the audit
process internally. The auditors will meet with the Director of Administrative Services or designee at
the end of the fieldwork process to discuss preliminary audit findings and management
recommendations.
Prior to issuing their final reports, the auditors will meet with the Director of Administrative Services
and/or designee. All audit reports will be addressed to the City Council.
The auditors may be consulted Occasionally throughout the year as an information resource. The
auditors may be asked to provide guidance on implementation of Government Accounting Standards
Board GASB requirements and specifics of federal and state regulations as they may affect local
government accounting. They may also be asked to assist with the implementation of new
pronouncements.
The auditors will audit and prepare the report on the compliance with the Single Audit Act Of 1984,
as amended in 1996, and applicable laws and regulations.
The auditors will perform a financial audit and prepare the Annual Financial Report for the City of
Arroyo Grande Redevelopment Agency.
The City receives funding under the Transportation Development Act TD through the San Luis
Obispo Council of Governments SLOCOG . This agency requires a financial and compliance audit of
funds received and expended from Section 99400, 99234, and 99260 of the Public Utilities code.
The auditors will be required to perform this audit and prepare the required report.
The auditor, subject to an amendment, will prepare any other special purpose audits that may be
required during the term of the agreement.
The City responsibilities will be to prepare the final closing of the books. The City will provide
balance sheets for all funds and groups, statement of revenues and expenditures for all funds as well
as detailed subsidiary ledgers.
The City will produce the confirmation letters that are mailed by the auditors.
The City staff will be available to assist the auditors in locating records or preparing audit schedules.
The City will provide the auditor with reasonable workspace, desks, and chain. The auditors will also
be furnished access to telephones, facsimile machines, and photocopying machines.
Ill. PROPOSAL RE UIE EMENT
A. Independence
The firm should provide an a statement that it is independent of the City of Arroyo Grande
as defined by generally accepted auditing standards. Moreover, the firm must have no conflict of
interest with regard to any Other work performed for the entity being audited. It is understood that
Agenda Item 8.b.
Page 20
the services performed by the auditors are in the capacity of independent contractors and not as an
officer, agent, or employee of the City.
B. License to Practice in California
An affirmative statement should be Included indicating that the firm and all assigned key professional
staff are properly licensed to practice in California.
C. Firm Oualifications and erience
The proposal should Mate the size of the firm, the location of the office from which the work on this
engagement is to be performed, and the number of the staff that will be assigned to the audit.
Indicate the scope of work, date, engagement partners, total hours, and the name and telephone
number of the principal client contact.
The firm shall provide information on the results of any federal or state desk reviews or field reviews
of its audits during the past three years. In addition, the firm shall provide information on the
circumstances and status of any disciplinary action taken or pending against the firm during the past
three years with state regulatory bodies or professional organizations.
For the firm's office that will be assigned responsibility for the audit, list the most significant
engagements maximum performed in the last five years that are similar to the engagement
described in this request for proposals.
D. Partner, SuMrvisoly and Staff Qualifications and Experience
The flan shall identify the principal supervisory and management staff, including engagement
partners, managers, other supervisors and specialists, who would be assigned to the engagement
and indicate whether each such person is licensed to practice as a certified public accountant in the
Mate of California. The firm should also provide information on the staffs governmental auditing
experience.
The firm should provide as much information as possible, regarding the number, qualifications,
experience and training of the specific staff to be assigned to this engagement.
E. Total All - Inclusive Maximum Price
The bid should contain all pricing information relative to performing the audit engagement as
described in this request for proposals. The total all - inclusive maximum price to be bid is to contain
all direct and indirect costs.
The bid should include a schedule of professional fees and expenses, which support the total of the
all - inclusive maximum price.
F. Ownership of City Related Documents
All property rights, including publication rights of all reports produced by the selected firm in
connection with services performed under this agreement shall be vested in the City of Arroyo
Grande. The selected firm shall not publish or release any of the results of its examinations without
express written permission from the City.
C. &cceptance of Pro oral Contents
After auditors are selected by the City, the contents of the submitted proposal will become a
Agenda Item 8.b.
Page 21
contractual obligation. The successful firm will be required to execute a standard consultant
agreement with the City.
H. Acce tance or Fe`eotion and Negotiation of Pro orals
The City reserves the right to reject any or all proposals, to waive non- material irregularities or
information in the request for proposal, and to accept or reject any Item or combination of items. B
requesting proposals, the city is in no way obligated to award a contract or to pay expenses of the
proposing firms in connection with the preparation or submission of a proposal. Furthermore, the
City reserves the right to reject any and all proposals prior to the execution of the contracts, with
no penalty to the City of Arroyo Grande.
V, PROPOSAL FORMAT AND CONTENT
TES T
Firms desiring to respond shall make their proposals brief and concise, yet with sufficient detail to
allow for a thorough evaluation. Each proposal shall include as a minimum the following information
in this format:
A. Introduction
Present an introduction to the proposal describing the firm's understanding of the desired
wort. Include a detailed description of the methods by which the consultant intends to
perform the work set forth in the Scope of Services.
B. Qualifications
Include a brief description of the firm's background, e with similar ro'ects and
p � ,
resumes of key personnel proposed to work on the project.
C. work Plan
Provide a tentative schedule by phase, key task, and proposed compensation for completing
the work. This schedule, as modified to be acceptable to the City, will be used as an Exhibit
to the Agreement between the City and the successful consultant.
D. Costs
S ubmit a cost proposal, which includes a performance and cost schedule for all services
necessary to complete this project. The proposal should include a separate all - inclusive cost
for each of the three gears of the contract. The proposal should specify the major
components, the cost breakdown by major component or phase, and the expected time of
completion for each component based on the scope of services outlined in the proposal. The
proposal should include, a total proposed, ''not to exceed"" costs of the services, including a
fee and rate schedule describing all charges and hourly rates for services. Cost will not be the
deciding factor in making the selection.
E. Iefe_rences
List former clients for whom similar or comparable services have been performed. Include the
name, mailing address, and telephone number of the appropriate contact person.
V11 SELECT ON PROCESS
The proposals for the City's audit will be evaluated by the Director of Administrative Services and
staff. Evaluation considerations will include the following:
A. Responsiveness of tine proposal in clearly stating the understanding of the work to be
performed and in demonstrating tine intention and ability to perform the work.
Agenda Item 8.b.
Page 22
B. Cost. Although a significant factor, cost and other factors will be considered.
C. Auditors' experience In conducting audits of cities of similar nature, size, and complexi
and the auditors' corr�rr�itrr�en , , . �'
t to maintaining technical expertise �n the municipal financial
environment.
D. Technical experience and professional qualifications of the audit team.
E. The firms' commitment to keeping the same team assigned to this job for each successive
year the auditor is awarded the contract.
F. Ability of proposed approach to meet the reeds of the City.
VII TENTATIVE SCHEDULE
Proposalsdue ........ ..................... . ........................larch 1, 2010
I nterviews if req uested ................................................ March 8 — 1 , 2010
Select Consultant ........... . ... .................... ............. ........... March 22, 2010
Finalize Contract ... ............................... ..........................March 31, 2610
City Coun C onsideration .................... ..........................April 13, 2610
Effective D ate o Contract ■.... .... ■.......a... ■..........a. ■.........June 1, 2010
VIII, SUBMITTAL
A. Submit a total of 2 copies to:
Angela Kraetsch
Director of Administrative Services
214 E. Branch Street
Arroyo Grande, CA 93421
B. Show the following information on the outside of the package:
• Firm's name and address
Audit Services Proposal
C. The proposal must be received at the above address by the closing date and time. Firms
mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt
of their proposals by the time specified. Late proposals will not be accepted.
D. Closing Date: All proposals must be received by Monday, March I 2010 at :00
.gym.
C. The City reserves the right to reject any or all proposals for any or no reason.
H. For more information, please contact Angela I ra etsch at 805- 473 - 5432.
IBC. LIABILITY INSURANCE
Prior to the beginning o and throughout the duration of the work,. Contractor will maintain insurance
in conformance with the requirements set forth below. Contractor will use existing coverage t
comply with these requirements. ff that existing coverage does not .meet the requirements set forth
here Contractor agrees to rrn supplement or endorse th exist coverage to do so. Contractor
acknowledges that the insurance coverage and policy limits ,set forth in this .section constitute the
5
Agenda Item 8.b.
Page 23
mInI um amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage rewired in this agreement and which / applicable to a given loss, will be
available to City,
Contractor shall provide the following types and amoun & of lonsurance:
A. Commercial General Liability Insurance using Insurance Services Office ` } Commercial General
Liability" policy from CG 00 of or the exact equivalent. Defense costs must be paid in addition
to limits. There shall be no cross liability exclusion for claims or wits by one insured against
another. Limits are subject to review but in no went less than $1,000,000 per occurrence.
B. Business Auto Coverage on ISO Business Auto Coverage from CA 00 of including symbol 1
(Any Auto) or the enact equivalent. Limits are subject to review, but in no event to be less
than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above. If
Contractor or Contractor's employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
C. workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
D. Excess or Umbrella Liability Insurance (Over Primary), if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any such
coverage provided under an umbrella liability policy shall include a drop down provision
providing primary coverage above a maximum $25,000 self- insured retention for liability not
covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on
behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a
provision obligating insurer at the time insured's liability is determined, not requiring actual
payment by the insured first. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of Contractor, subcontractors or others involved in the Work. The scope
of coverage provided is subject to approval of City following receipt of proof of insurance as
required herein.
E. Professional Liability or Errors and omissions Insurance as appropriate shall be written on a
policy form coverage specifically designated to protect against acts, errors or omissions of the
Contractor and "'Covered Professional Services"' as designated in the policy must specifically
include w performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must .'pay on behalf or the insured
and must include a provision establishing the insurer's duty to defend. The policy retroactive
date shall be on or before the effective date of this agreement.
F. Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with an A.M. Bests ranking of A- or better and a
minimum financial size VII.
G. General conditions pertaining to provision of insurance coverage by Contractor. Contractor
and City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds, City, its officials employees and
agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Contractor also agrees to require all Contractors, and subcontractors to do likewise.
6
Agenda Item 8.b.
Page 24
2 . no liability insurance coverage provided to comply with this Agreement shall prohibit
Contractor, or Contractor's employees, or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all
Contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable
to this agreement are intended to apply to the fall extent of the policies. nothing
contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage,
4. none of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. no liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any Contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not male any
reductions in scope of coverage e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and
no replacement coverage is provided, City has the right, but not the duty, to obtain
any insurance it deems necessary to protect its interests under this or any other
agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Contractor or deducted from sums due Contractor, at City
option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Contractor agrees to rewire its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"'endeavor" as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractors, is intended to apply fiat
and on a primary, noncontributing basis in relation to any other insurance or self
insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with
the project who is brought onto or involved in the project by Contractor, provide the
same minimum insurance coverage required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section.
Agenda Item 8.b.
Page 25
Contractor agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
11. Contractor agrees not to self - insure or to use any self - insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated
by this agreement to self - insure its obligations to City. If Contractorts existing
coverage includes a deductible or self - insured retention, the deductible or
self - insured retention must be declared to the City. At the time the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self - insured retention, substitution of other coverage, or ether
solutions.
12. The City reserves the right at any time during the terra of the contract to change the
amounts and types of insurance required by giving the Contractor ninety days
advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediiately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards perf=ormance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the part of
City to inform Contractor of non - compliance with any insurance requirements in no
way imposes any additional obligations on City nor does it waive any rights hereunder
in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its employees
or agents face an exposure from operations of any type pursuant to this agreement.
This obligation applies whether or not the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
1. Contractor skull provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
skull be submitted prior to expiration. A coverage binder or letter from Contractor's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement as required its these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
1. The provisions of any workers' compensation or similar acct will not limit the
obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements nts of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all- inclusive.
Agenda Item 8.b.
Page 26
1. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as .such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
1. Contractor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Contractor for
the cast of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums o other amounts with
respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor
the handling of any such claim or claims if they are likely to involve City.
6
Agenda Item 8.b.
Page 27
EXHIBIT E
CITY OF ARROYO GRANDE
AIIT PROPOSAL
For Fiscal Years 2009-201 01p 2010-11 and 2011 -12
Submitted Bar:
Moss, Levy & Hart helm LLP
802 E. Main Street
Santa Maria, CA 93454
(805) 925 -25
Submitted n:
March 1,2010
Contact Person:
Ron A. Levy, CPA
Agenda Item 8.b.
Page 28
CITY OF ARROYO GRANDE
AUDIT PROPOSAL
TABLE OF CONTENTS
Introduction:
Letter Transmittal ......... ........................................................................ ........................ . . . . . .. ................_.._...__ - - -- I
QuEdifications:
License to Practice in California ...........................................................................................•---.................-----.. ..........--- ..................
Independence ..........................................................................._------...._.................................,......--.-----..........,., ,.----- ............._..........
Finn Qualifications and Experience—.....-
Partner, Supervisory, and Staff Qualifications and Experience ....................................................................... ...............................
Similar Engagements witb Other Governmental Entities ....... ............................... . ........... ............................... ..........................
Work flan:
SpecificAudit Approacb .......................•....__...................................-----......_.........................,__._................,...... ..•......--- ._.................
Schedule by Phase
Costs:
Cost Proposal and Certification for Professional Auditing Services Proposal .... . .. . ....................... _ ........................... , ...............1 l
Cost Proposal Submittal Supporting Detail ................. ............................... ..........._....1
References:
References..........................................................................................................................................,_.._......... ....__...........__...........
Appendices:
Appendix A - Peer Quality Review Report ........................................ ..............................1
AppendixB - Resumes ....................................... ....— ................................................................................................................... 1
Appendix C — Current and/or Recently Completed Govemmental Audits ............ .... .................. ................ . ......... ................. 21
Agenda Item 8.b.
Page 29
PARTNER
RONALD A LEVY, CPA
CRAIG A HARTZHEIM, CPA
HADLEY Y HUI, CPA
Angela Kratsh
Director of Administrative Services
City of Arroyo Grande
2 14 E. Branch Street
Arroyo Grande, CA 93421
802 EAST MAIN
S ANTA MARIA. CA 93454
TEL: 305.925,2579
FAX- 805 - 925 -2147
www .mlhcpas. com
W e are pleased to respond to the City Of Arroyo Grande's Request for Proposal for independent auditing services. We have prepared
our proposal to address each specification included in the City of Arroyo Grande's Request for Proposal.
After 5 8 years in public accounting and more than 3 3 years Of performing 10 81 govenimental audits, it is ctr m l gratifying to witness
the continued growth of Muss, Levy & Hart heirn LLP. The firm has evolved from a one - person operation to a regional public
accounting firm with offices in Beverly Hills and Santa M aria with clients throughout the State of Cal ifomia, as well as thirty -one other
states. We and the entire staff are pleased with not only the continuing development of the firm, but also the progress and economi
health Of our clients. we understand that governmental accounting is a specialized industry with its own accounting standards and
requirements and that is why we strive to constantly improve the quality of our professional services. This degree of dedication coupled
with our ability to inform our clients of any new accounting rid auditing issues is paramount to our success_
We feel that Our size is such that we are large enough to provide a broad spectrum of services and experience backed by an ire -house
training program, professional development courses, and an extensive professional library, yet not so large as to become i�npersona 1. and
rigid. Our informal style allows us to be flexible enough to complete our audits in a timely manner that is the most convenient for each
client. Also, this style allows us to be more accessible to our clients when our clients have questions or concerns.
It is our understanding that we will be responsible for expressing opinions on the City of Arroyo Grande's basic financial statements in
conformity with accounting principles generally accepted in the [united States of America. In addition to those procedures deemed
necessary to express our opinions on the basic financial statements', we understand that we will also be responsible for performing
certain limited procedures involving supplementary information required by the Governmental Accounting Standards Board
( Management's Discussion and Analysis, Statistical Section, and Supplementary Information).
Our audit would be made in accordance with auditing standards generally accepted in the United States of America; Government
u diting Standards, issued by the Comptroller General ofthe United States; Office ofManagement and Budget Circular A- 13 3,
A udits ofState, L ocal Governments, and Nonprofit Organizations. and Guidelinesfor Compliance A udits ofCalifornia Redevelopmeni
Agencies issued by the State Controller, Div ision of Local Governrnent Affairs. As part of perfonnuing our audits in accordance
with these standards, we understand that we will be required to audit the Schedule of Expenditures of Federal Awards.
It is also our understanding that we will be responsible for issuing the following:
1. Reports on the fair presentation of the financial statements in accordance with auditing standards generally accepted in the United
States of America as listed below:
Basic Financial Statements for the City of Arroyo Grande
b Basic Financial Statements for the Redevelopment Agency of the City of Arroyo Grande
Audit Report for the City of Arroyo Grande in accordance with the Single Audit Act
OFFICES: BEVERLY HILLS - SANTA MARIA
MEMBER AMERICAN INSTITUTE of C P A.' - CAL IF ORNLA SOC IETY OF IuMUNIC PAL FIJIAN E OF - MIF RNIA ASSOCkATION OF SCHOOL BU INE SS OFFICIAL
MOSS, LEVY & HARTZHEIM LLP
CERTIFIED PUBLIC ACCOUNTANT
Agenda Item 8.b.
Page 30
2 . Financial and compliance audit of Transportation Development Act funds
A report based on the auditor's understanding of the internal control structure and assessment of control risk. In this report, we
will communicate any reportable conditions found during the audit and indicate whether they are also material weaknesses.
4_ A separate report on our analysis f the internal control structure used in the administration of f o ral financial assistance
programs.
5 . A report on the City's compliance with laws and regulations, related to "major" federal awards including an opinion on
corn plian a with specific r quirements applicable to " major" federal awards programs. This report on comp Iiancc will include all
instances of non-compliance.
6. A Management Letter addressed to the City Council of the City of Arroyo Grande setting forth recommendations for
improvements in the City's accounting systems.
7. We will communicate in a letter to the Mayor, Treasurer, City ]Manager, and Director of Administrative Services any reportable
conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of
the internal control structure, which could adversely affect the City's ability to record, process, summarize, and report financial
data consistent with the assertions ofmanagement in the financial statements. " Nonr portable conditions" discovered by us wilt
also be cornimunioated in the "'Management letter ".
8. We will make e irnrnediate, written notification to the City Manager, Di of Administrative Services, and the City Attorney of
all irregularities and illegal acts or indications of illegal vets of which we become aware.
We will make all communications to the City as required by the audit standards under which the engagement is performed. Those
communications include, but are not limited to:
1. The auditor's responsibility under auditing standards generally accepted in the United States of America.
2. Significant accounting policies.
3. Management's judgment and accounting estimates.
4. Significant audit adjustments.
5. Other information in documents containing audited financial statements.
6. Disagreements with management.
7. Management consultation with other accountants.
8. Major issues discussed with management prior to retention.
5
9. Difficulties encountered in performing the audit.
10. Errors, irregularities, and illegal acts.
We will be mailable to present our audit plan prior to beginning field work.
All work papers and reports will be retained, at our expense, for a minimum of seven years r the retention timefram . estab Iish d by the
professional standards, whichever is longer) unless the firm is notified in writing by the City of the need to extend the retention period.
The work papers are subject to review by federal and state agencies and other individuals designated by the City. Accordingly, the work
papers will be made available upon request.
In addition, we will respond to the reasonable inquiries of successor auditors and allo w successor auditors to review work papers.
All adjusting journal entries made by us will be discussed and explained to the designated Finance Department personnel prior to
recording. They will be in a format that shoves the lowest level of posting detail needed for data entry in the general ledger systems.
2
Agenda Item 8.b.
Page 31
This proposal is a firm and irrevocable offer until June 1, 2010.
Thank you for your consideration and please do not hesitate to contact the authorized representative listed below with any questions,
problems, or concerns.
Ron A. Levy, CPA
Partner
Sot E. Main Street
Santa Maria, CA 93454
925 -2579
Sincerely,
n A evy, CPA
Agenda Item 8.b.
Page 32
CITY OF ARROYO GRANDE
QUALIFICATIONS
LICENSE O PRACTICE IN CALIFORNM
Moss, Levy & Hart helm LLP is a properly licensed certified public accounting firm in the State of Calif rnia, license 9 5863. All
certified public acc untants engaged in the audit o f th e City are licensed to practice in the Stag of Cal iforn1a and have received at least
the minimum number ofg vemmental continuing professional education hours required by the State Board of Accountancy t erform
governmental audit.
I"EPE"ENCE
Moss, Levy & Hrtheim LLP is independent of the City of A rrro Grande and its component units as defined by auditing standards
general ly accepted ire the United Stags of America and the U.S. General Accounting Office's Governmental A u iti g Standards (2003).
FIRM QUALIFICATIONS AND EXPERIENCE
Moss', Levy &. Hart heim LLP is a minority owned regional firm that performs audits of governmental entities from the Oregon to the
Mex[can border. The firm currently employs 3 3 professionals and has annual gross revenues between 3 and 3.5 million do] lars. The
firm has two offices in California: Beverly Hills and Santa Maria.
The audit work will be completed by staff` from our Santa Maria office.
The Santa Maria office is currently staffed by five certified public accountants (two partners, two managers, and a senior accountant). In
addition, the office employs three senior accountants and five staff accountants.
The City of Arroyo Grande will have one partner and one alternate partner assigned to the audit at all tunes. In addition, one manager,
one senior accountant, and two or three staff` accountants will be assigned on a full-time basis to the audit from the Santa Maria office.
The City o Arroyo Grande wi 11 also have a computer specialist assigned to the audit on a full -time basis. This individual assists the
audit team in documenting the computer system internal control structure.
Our firm has never been the of ject of any disciplinary action fi any federal or stag regulatory body or professional organization, nor
is there any disciplinary action pending.
Please see 4ppendix A - Peer Quality Review Report rt four a copy of our firm's most recent quality review report, which includes a review
of local govemynental engagements.
PARTNER, SUPER V AND S TAFF Q UAL TIONS AND FXPERIENCE
It is the firm's policy to have our partners and audit manager mvolved in the managing function of our g vermmental audits. Having
both the partner and audit manager involved in the engagement allows the City to receive immediate response to questions about
accounting and audit topics, c ncems, and findings.
It is expe ted that Mr. Ron Levy would be the partner ire- charge of the City's audit. Mr. Levy would have primary responsibility for the
audit. Mr. Levy would also be responsible for assisting in the preparation of the City's CA F1. Mr. Levy has assisted numerous cities
and has prepared award winning CAFRs. Mr. Levy will also be responsible for addressing any City's questions o concerns that arise
during the year. It is the firm's policy to have a partner on site for a majority o f th e field work. This policy enables the partner to become
acquainted with the City's daily operations and key personnel.
Mr. Craig Hart heirn will be the alternate partner assigned to the audit, As alternate partner, it is his re pon i bi I i ry to be familiar with
the City, its staff`, the audit, and any special problem areas of the City in the event that Mr. Levy is unavailable. Mr. HaTtzheim has
assisted numerous cities and prepared award winning C AFI s. Mr. Hart h e irn has a[so assisted cities in preparing the State Controller's
reports.
Agenda Item 8.b.
Page 33
CITY OF ARROYO GRANDE
QUALIFICATIONS
PARTNER., SUPERVISORY
q ANYD S TAFF Q UALIFICA TIONS AND EAPERLENCE-condnLied
Mr. Brad SiIva will be the manager assigned to the audit. As manager, Mr. Silva wit/ oversee the day to day operations of the audit and
will review all audit areas. Mr. Silva will be at the City for 100% of the fie Idw r . He performs in house training for government a]
auditing staff members and is in charge of keeping the firm updated on aspects of governmental accounting and auditing issues.
Mr. Ryan Cornell will be the senior accountant assigned to the audit. As senior accountant, it will be r. Cornell responsibility to
oversee the staff accountants, do preliminary reviews of audit sections, and to perform more difficult audit sections.
r. David Ortiz will be the Information Technology Director assigned to the audit. Mr. Ortiz alas extensive knowledge in auditing EDP
functions. Mr. Ortiz will also perform the statistical sampling procedures for the audit. Also, he will document and test the internal
control structure of the computer systems.
Please see Appendix B - Resumes for each individual's resume.
In addition to the supervisory staff listed above, two or three staff accountants will be assigned to the audit. All staff accountants have
degrees from accredited colleges or universities, have received ire -house governmental audit training, and atpTesent have at least one
year of governmental auditing experience. All staff accountants will be directly supervised by the senior accountant and/or manager
assigned to the audit at all times. All partners, managers, and staff members have orl ed on numerous governmental engagements
together. Consistently working together will provide the City with a knowledgeable and efficient audit team.
The firm will maintain staff ontinuity on the engagement throughout the terra of the contract, barring any terminations, illnesses, or
other unforeseen circumstances. At the request of the City, any Moss, Levy and Hart h im LLP employee assigned to the audit can be
removed and replaced by another qualified employee. Moss, Levy & Hart heim LLP has an advantage in that there is relatively low
turnover in employees as can be seen on individual resumes and therefore, the firm will not use the City as a training ground for its
employees.
SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENTAL ENTITIES
Moss, Levy & Hart heirn LLP has an extensive background in auditing cities with over twenty -nine years of experience in this
specialized field. We currently perform over thirty city audits and numerous other governmental audits.
Please see Appendix C - Current andlor Recently Completed Governmental A udits.
Recent local auditing experiences include the following:
I . ' CSWO and GFOA Award Programs
The firm cimently audits the following ton cities that participate in either or both of the CSMFO and GFOA Award
Programs. (Bach city has received the awards it has participated in
City of Bellflower
City of Paso Robles
Cit of Capitola
City of Morgan, Hill
City of Sonoma
City of Santa Marla
City of Lathrop
City of Lompoc
City of Watsonville
City of hittier
2. OMIB Circular -133
We have performed compliance audits in accordance with Office of Management and Budget (OMB) Circular A- 13 3,
u dits ofStafe, L ocal Go vernm enis and Nonprofit Organizations, for each o f our thirty municipal c li nrts.
3. Special Districts
Currently, our firm audits sixty -#o special districts including recreation districts, utility districts, cemetery districts,
community services districts, sanitary districts, water districts, fire districts, an ambulance services district, and are
airport district.
Agenda Item 8.b.
Page 34
CITY OF ARROYO GRANDE
QUALIFICATIONS
SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENTAL ENTITIES-continued
4. Redevelopment Agencies
We have performed audits of fifteen redevelopment agencies. Each redevelopment agency audit is conducted in
accordance with Guidelines for Compliance Audits of a! r is Redevelopment Agencies issued by the State
Controller, Division of focal Government Fiscal Affairs and Section 33080. l a of the Health and Safety Code and Title
2.5 , Chapter 6 of the California Adin i nistrati ve Code.
5 - State Controller's Report and Street Deport
We have prepared State Controller's reports and street reports for numerous cities, redevelopment agencies, and special
districts. We feel this experience allows us to help assist our clients in their preparation of the state controller °s reports
or prepare the reports as a separate engagement for our clients.
, . Federal and Mate Grant Programs and the Single Audit
Each of our municipal clients, the majority of our special district clients, all of our school district clients receive
federal and state grants which require compliance audits. Some of our most commonly audited federal programs are as
follows:
Municipal Major Programs:
Community Development Block Grant Funds D
HOME Program
Airport Improv rn nt Program +
Federal Emergency Management Act Funds F MA
Section 8 Dousing Assistance Payments
[urban Mass Transportation Act Funds U TA
Highway Planning and Construction
th r Common Municipal Programs:
COPS Fast grants
COPS More grants
Asset Seizure funds
Retired Senior Volunteer Program
Enterprise Community Grants
Economic Development nt dministration
Franchise Audis
The firm has assisted several cities in reviewing franchise financial statements as part of reviewing franchise requests for
rate increases. In addition, the firm has performed transient occupancy audits for five cities and has performed various
audits of operafing lease charges (such as use of sewage treatment plant based on percentage of use by our client and
actual expenses as recorded by the treatment plant operator).
6
Agenda Item 8.b.
Page 35
CITY OF ARROYO GRANDE
WORK PLAN
SPECIFIC AUDIT APPROACH
The main extent of our work would be what is required to enable us to express are opinion on the financial statements in accordance
with
I . A 1CPA Industry A udil Guide for State and Local Governmental Unils
2. A 104 Audit Sfand rds
3. National Committee on Governmental Accounting, Auditing and Financial Reporting (Amended Publication
4 . Laws of the State of California
5 . l equirem ents of ff - i ce of Man agem nt and Budget Circular A - 13 3, Audits ofState, Local Governments, an d Nonprofit
Organizatio
6. GAO Standards for Audit of o nmental Organizations, Programs, Activities, and Functions, the Guidelines
Fi'nanci'al and Compliance Audits of Federally Assisted Programs
7. Our firm's own additional standards and proc
The audit will be made in accordance with auditing standards generally accepted in the United States ofAmerica.
ne primary purpose of the audit is to e xprcss an opinion on the basic financial statements, and such an audit is subject to the inherent
risk that material errors or fraud may exist and not be detected by us. If cond itions are discovered wh 1 h lead to the be I ie fthat material
errors, defalcations, or fraud may exist or ifany other cireum tan ces are encountered that require extended services, we wilt promptly
advise the City.
Our audit would begin when it is convenient for City staff. We estimate this to be around June to perform interim work. During May or
June each fiscal year, the partner or manager ofth e firm will contact the Finance Department personnel. The purpose ofthis contact wi xl
be to discuss the scope and timing of the annual audit, to review any accounting issus known at that tithe, and to address any City
personn I's concerns about the impending audit.
We will schedule approximately one to two weeks of interim work each fiscal year. During the first fiscal gear, we gill prepare
narrative flow charts and other documentation of the internal control structure and of the major systems, such as revenue and cash
receipts, purchasing and cash disbursements, payroll and personnel, inventory, property and equipment, grant comp] iance, investment
activities, and the budget process. We will gain this information through discussions with appropriate City staff and the review of
available documented policies, organizational charts, manuals, programs, and procedures. Once we obtain this information, we will
evaluate the systems of internal controls and revise our standard governmental audit programs. During the interim work in subsequent
fiscal years, we wrill note changes in the system, if any.
For our first year o f engagement, we will utilize the prior fiscal year's financial statements, the current fiscal year budget and our
knowledge of your systems to determine materiality for the different rent audit sections. Each fiscal year, we will select a sample of
transactions to determine to what extent the systems are functioning as described to us. The extent of our sample size will depend upon
our assessment of the int mail control structure. The selection of transactions for testing will be trade using a combination of random,
systematic, and haphazard sampling techniques. We will identify the strength of the systems upon which we can rely in planning our
substantive tests. Our internal control review wi 11 meet al the requirements of the AI CPA Statement on Auditing Standards (SAS) N o.
, Consideration of the Internal Control Structure in a Financial Statement Audit, as amended by Statement on Auditing Standards No.
78 and SAS 99 Consideration of Fraud in a Financial Statement Audit. We will also perform preliminary analytical review procedures
using prior fiscal years' audited statements and current budget.
It is estimated that the sampling size for transaction testing for compliance with systems as actually implemented would be as follows:
1. 00 disbursement items, including automatic and manual checks
11. 25!40160 payroll checks
III. 25/40160 receipt items, including but not limited to utility billings, business licenses, recreation
programs, building fees, franchise fees and other miscellaneous receipts
Agenda Item 8.b.
Page 36
CITY OF ARROYO GRANDE
WORK PLAN
SPECIFIC A UDIT APPR OA CH-co n an u ed
We will also review the following documents in order to determine compliance with laws and regulations:
a Minutes of the governing body with special attention to: indications of new rev nuo sources, including federal and state
grants; expenditure authorizations and related appropriations, including any special or restrictive provisions; appropriation
transfers; authorization for bank or other debt incurred; awards to successful bidders; authorization for new leases entered
into; changes in licenses, fines or fees; aGuthori zati on for fund balances designations or reservations; and authorization for
significant new employees hired
b New a and amendments to new agreements including but not limited to: grant agreements; debt and lease
_agreements; labor agreements; joint venture agreements; and other miscellaneous agreements
c Administrative Code
d Investment Policy
Before April l ofeach fiscal gear, we will contact you to provide our detailed audit plan for the fiscal yearend fi eI'd ork. We will also
discuss with you any matters that may impact our audit procedures or your financial reporting. Also, we will discuss with you any
assistance the City may need with the fiscal year -end closing.
Our fiscal year -end fie Id ork world begin after the City has closed its books whi h we estimate to be the second week of September.
The fiscal year end audit work will begin with an analytical review of all significant balance sheet and revenues and
expenditures /expense accounts for each fund group, which includes a comparison of prior fiscal year financial statements and current
fiscal year budget to the fiscal year -end trial balance. The primary objective of the fiscal year end audit work is to audit the final
numbers that will appear in the City's CAFR.
The primary objective of the fiscal year end audit work is to audit the final numbers that will appear in the City's financial statements.
Our fieldwork would also consist of procedures required under SAS No. 99, Consideration o f Fraud in a Financial Statement A udit.
We will also be maintaining compliance with SAS Nos. 103-1121, during each fiscal year. These procedures significantly changed the
way auditors approach audits and are required for audits with a fiscal year ended beginning after December 31, 2006. This will entail a
risk -based audit approach which will significantly increase the time spent between the City's staff and the audit staff. Also, this will
require additional me tin gs with an audit committee or similar governing body representative.
We will also perform procedures such as:
a Confirmations by positive and negative eircularizations 1n luding but not limited to al casb and investment accounts;
selected receivable and revenue balances; all bonds, loans, notes payable, and capital leases; all notes receivable, all
insurance carriers; all legal firms employed on the City's business; and other miscellaneous confirmations as deemed
necessary
b Physical verifications and observations
c Analysis and review of evidential matcrlals
d Interviews and investigative efforts
e Electronic data processing testing for computer and software reliability
(f ) Numerous us other procedures
During the entire engagement, our audit team will be determining the risk assessment of federal programs to be audited in compliance
with OMB Circular A-133. we will perform tests of: general requirements; specific requirements; claims for advances and
reimbursements, and amounts claimed or used for matching in compliance with the Single Audit Act. Also we will obtain an
understanding of the internal control structure of each program tested. The compliance audit will be made in accordance with auditing
standards generally accepted in the United States of America and the GAO Standardsfor A udits of Governmental O rganizations.
Programs, Activities, and Functions, and the GAO Gu idelinesfor Financial and Compliance Audits offederally A ssisf 1 Programs.
The objective in testing transactions for compliance with laws, regulations, the provisions of contracts, and grant agreements is to
express an opinion on whether the governmental unit has complied in all material respects, with applicable compliance requirements,
noncompliance with which could have a material effect on each major program. In drawing audit samples for purposes of tests of
coMPliance, a iII plan our tests to support a low assessed level ofc ntroI risk. We will select transactions from each program or area
which requires testing. The selection of transactions to test would be based on auditor's professional judgment. We use the PPC Guid
to dies of Local Governments and the PPC Guide to Single A udifs fOTguidance in determining the number of transactions to test.
Agenda Item 8.b.
Page 37
CITY OF ARROYO GRANDE
WORK PLAN
SPECIFIC A UDIT APPR OA CH — , conenwed
SAS No. 99 Considerations of Fraud in a Financial 1al m nt Audit impacts both the planning and the performance of the audit. In
planning, the audit team wi ll discuss hover and where the f financial statements m ight be susceptible to material m isstatement due to l=-aud.
To determine this we will inquire of management, consider results of analytical procedures, and consider other fraud risk factors. We
will review the results of our inquiries and identification ofpotentia] fraud areas on a daily basis to achieve a high level of comp Iianc
with SAS No. 99.
We have extensive Knowledge in auditing computer systems. We have assisted numerous clients with the implementation of accounting
software and database business systems. This assistance has provided our firm with a thorough background in computer systems in both
the software applications aspect and also the insight into auditing such systems. It is our policy to have a computer specialist as part of
the audit team. This individual assists the audit team in dcuruenting the computer system internal control structure and highlighting
strengths and weaknesses relating to the computer structure of the City.
Doss, Levy & Hartzhi rn LLP has many networked ed desktop PCs and many notebook computers which are used on site. Some of the
software used includes Word, Excel, TASC Force, PP C, and AuditWare as our trial balance /financial statement preparation software.
As part of our audit engagements, we issue our clients management letters if we note certain observations or recommendations that we
feel need to be disclosed. Our firm's philosophy regarding the management later is that the management later is to help management
improve its internal control and accounting procedures and not to criticize the management in charge. This is why we present our
management letters to management in draft form for open discussion prior to issuance.
The firm uses PPC audit programs, checklists, and questionnaires in conjunction with client specific audit program procedures. In
addition to our PPC checklists, the firm uses GFOA and CSMFO Award Program I eview es Checklists as n additional guide for
AFRs.
The Governmental A cc ounting, A uditing and F'inanci'al Reporting (G AAFI , issued by the Government Finance Officers Association
(the ,F Blue Book" ) and other GF A publications are often used as additional tools when preparing the financial statements of our
govemm ntal clients. The firm has and uses its extensive library of current MCPA, GFOA, and GA B publications and
pronouncements.
We will retain working papers and reports at our expense for a period of severs gears. In addition, we will rn ake our working papers
available, upon request, to any oversight agency and successor auditors.
SCHEDULE B Y PHASE
if convenient for the City's staff`, the approximate target dates for an audit would be as fo flows:
{1 ) Preliminary audit entrance conference with staff -- June 1
Detailed audit plan - June l
Interim field work — Week of June 1
Year -end field work — October 19- 20
Exit conference with staff October 20
{ Draft of Management Letter — November 1
Issue other audit reports and final management letter — November 3 o or within three days of~ the City's final approval)
M inima] assistance of the City's staff is required during the course o f the audit, however, we do ask that the City provide the fol Iowing:
cooperation in answering questions, requested confirmations, bank reconciliations, a general ledger, and other miscellaneous items_
Also, with the City's approval, our audit team can pull and file appropriate supporting documents, which includes invoices. We feel this
approach minimizes the disruption of the City's routine.
Agenda Item 8.b.
Page 38
CITY OF ARROYO GRANDE
WORK PLAN
SCHEDULE B Y PHASE- c on tin u ed
The percentage of the audit work we expect to accomplish in each month is shown below:
June
July
September
October
November
Total
0%
%
10%
Oro
15%
100%
The City will be billed montbl y as the percentage of total work is perf nn d, based on total contract price.
Respectfully submitted,
MOSS, LEVY & HART HE1M LLP
RO . Levy, P
f
Moss, Levy & H rt heim LLP i9an Equal Opportunity Employer
10
Agenda Item 8.b.
Page 39
CITY OF ARROYO GRANDE
COSTS
COST PROPOSAL AND CERTIFICATION FOR PROFESSIONAL AUDITING SERVICES
I
/Y
CL
0
44- F0
W
O Cr
COST PROPOSAL SUBMITTAL SUMMARY-,
Fiscal Fiscal Fiscal
Year Year Year
2009- 10 2010-11 2011-12
Financial Statements:
Audit Basic Financial Statements 14 14,880 15,450
Reports & Opinions & Assistance with CAFR
Financial & Compliance Report & Report Preparation:
Arroyo Grande Redevelopment Agency
2
22925
3
Transportation Development Act
1,700
1
11820
Single Audit Act (if applicable)
1,250
1
1
Total
20,120
201815
S 217545
CITY OF ARROYO GRANDE
COSTS
COST PROPOSAL SUBMITTAL SUPPORTING TIN DETAIL
(Detail Submitted for 1= i cal Year 2009 -1 Only)
Financial Statements:
Basic Fiuncial Statements
Partners
Managers
Supervisory Staff
Clerical Staff
Information Technology Director
Subtotal
IfApplicable
Meals & Lodging
Transportation
Other
Total
Financial and Compliance Reports:
Arroyo Grande Redevelopment Agency
Partners
Managers
Supervisory Staff
Clerical l Staff
Information Technology Director
Subtotal
If Applicable:
Meals & Lodging
Transportation
Other
Total
WA
FiscaI Year 2009 -10
Dourly Fatal Total
Fate Hours Bid
100
20 S
2.000
80
60
4.800
0
110
5.500
35
24
840
0
20
1.200
234
14
A
NIA
MI
1I
N/A IA
100 5 S 500
80 12 960
50 17 550
bu 4 z4U
46 2,530
NA N/A
MIA Tl
- 46 2.830
Agenda Item 8.b.
Page 41
CITY OF ARROYO GRANDE
cosTs
COST PROPOSAL SUBMITTAL SUPPORTING DETAIL
(Detail Submitted for Fiscal Year 2009 -10 Only)
Fiscal Year 2009 -10
Financial and Compliance Reports:
Single Audit Act
Partners
Managers
Supervisory Staff}
Clerical Staff
Information Technology Director
Hourly Total Total
Date Hours Hid
100
3
300
0
5
400
50
7
0
350
5
4
10
140
0
1
280
60
Subtotal
If Applicable:
Meals & Lodging
Transportation
Other
Total
Financial and Compliance Reports:
Transportation Development Act
Prtn er
Managers
Supervisory Staff'
Clerical Staff
Information Technology Director
Subtotal
If Applicable:
Meals & Lodging
Transportation
Other
Total
1
- 20 1 .250
NIA NIA
I V!I s
NIA
i IF .0 .
NIA
-
20 S
1,250
100
4 S
400
0
5
400
50
10
500
5
8
280
0
2
120
-
29
1
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
-
29
1,00
Agenda Item 8.b.
Page 42
CITY OF ARROYO GRANDE
REFERENCES
CITY OF SANTA MARIA
Contact: Rene Vise (805) 925 -0951
Administrative Services Director
I 10 E. Cook Street
Santa Maria, CA 93454
2005 - Present
CAFR,, Single Audit, and Redevelopment Agency Audit
650 audit hours
CITY OF WATS N ELLE
Contact: William P. Hays, CPA, (831 ) 728-6148
Assistant Finance Director
250 Main Street
Watsonville,, CA 95077
1999 - Present
CAFR, Single Audit, and Redevelopment Agency Audit
Audit Hours
CITY OF MORGAN RML
Contact: Kevin Riper (408) 779 -7271
Finance Director
17555 Peak Avenue
Morgan Hill, CA 95037
2004 - Present
CAFR, and Redevelopment Agency Audit
450 audit hours
CITY OF PASO ROLES
Contact: Jennifer Sorenson, (805) 237 -3999
Finance Manager
El Paso de Robles, CA 95066
1997 - Present
CAFR, Single Audit, and Redevelopment Agency Audit
400 audit fours
14
Agenda Item 8.b.
Page 43
APPENDICES
Agenda Item 8.b.
Page 44
• D S pa f fc , r d. f
/
C. F CPA
TOY I -L f C F! C LE A F 'Oin c lk -
F YLr. .1rF.� -. _ - 1 1 T1k _ � T11 _ _/f F I _ _ 1
• 1 IF If E U LJ I AI •IF• 11 I I I.,�r.r lI.`, �L � - III II,i i i'll Ji t Afar' Y 1411 Ili P1
A P I A-Oat: e ll I rl .!,1 1.11. 4- 1 { it I. � t J lip Akie �rk 17-
System Review Report
To the Partri t o
Moss, Levy & Hart helm, LLP
and the Peer} Review Commirtee o tree State of California
We have reviewed the system of quality ntrui for the accounting and auditing practice of Moss, Levy &
art heini, LLP (the firm ) in effect for the year ended December 31, 2008. Our review was conducted in
accordance with standards for Performing and Deporting on Beer Reviews established by the Peer Review
Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a
system o quality control and complying with it to provide the firm with reasonable assurance of
performing and reporting in conformity with applicable professional standards in all material respects.
OUT' responsibility is to express an opinion on the design, of the system of quality control and the firm"
compliance therewith based o n our review. The nature objectives, scope, limitations of, and th
procedures performed in a System Review are described in the standards at ' vw v.alc .pr r uMiM[1rv.
As required by the standards, engagements selected for review illChided engagements performed under
Go vernment A uditing S tondards and audits of e m p oyee benefit plans+
In our opinion, the system of quality control for the a COUnting and auditing practice f Moss, Levy
Hart h im, LLP in effect for the year ended December 31, 2008, has been suitably designed and complied
with to provide the firm with reasonabie assurance of performing and reporting in conformity with
applicable professional standards in all material respects. Firms can receive a rating of pass, p ass with
deficiency i ;s or fail. Moss, Levy & Hart h e tin, LLP le re cc 1v ed a peer review rating of paws.
C' 400e� Ig 4 e� 'e, rvoe
July 24, 2009
''- ` +_ ir +'tircfi •:�� l- I:r- ��rrr��r �'. 1- I.r.irr�_ �`'. -'.�
.�•t -�� � - •�,i iii {
Agenda Item 8.b.
Page 45
CITY OF ARROYO GRANDE
APPENDIX B - RESUMES
R ON A, LEVY, CPA - PARTNER
California licensed CPA with 33 years of audit experience with governmental entities.
• Partner in charge of all governmental audits, currently including 30 municipal audits (including Redevelopment
Agency & Single Audits), 28 school district audits, and 62 special district audits.
Has assisted governmental clients with year end closings, key position interviews, preparation of award winnin
AFR "s, and preparation of State Controller's Reports.
• Honored as CPA of the year (2006) by the Santa Barbara Chapter of the California Special Districts Association.
• Has met or exceeded all continuing education requirements, including recent courses ire:
2009 Governmental Accounting Conference
2008 Governmental Accounting Conference
2007 GovernmLMtal Accounting Conference
C SB Statement No. 3 'raining Conference
Compliance Auditing, A udh Sampling and Concluding the A dif
Audits ofState and Local Governments
Governmental Accounting Update
The Single Audit Act
The 2009, 2008, and 200 7 School District Conferences
itor "s deports on A udits o ftocal Governments
Planning a Governmental Audit Engagement
0 Member ofthe following:
California Society of Municipal Finance Officers
American Institute of Certified Public Accountants
California Society of Certlified Public Accountants
California Association of School Business Officials
I iwanis Club
• A Bachelor of Science degree from Oregon State [university conferred in 1977.
• Taught accounting Courses at a branch of LaVeme College and Chapman College.
• Knowledgeable about all areas of tax law.
Agenda Item 8.b.
Page 46
CITY OF ARROYO GRANDE
APPENDIX B - RESUMES
CRAIG HA R TZHEIM, CPA - PARTNER (ALTERNATE)
• California licensed C with 24 years o f audit experience with go emme tal entities.
• Alternate partner (manager) for all govemmental audits, currently including 28 school district audits, 30 municipal
audits, and 62 special districts.
• Has assisted go emmental clients with year end closings, key position interviews, preparation of award winning
AF s, and preparation of State Controller's Reports.
Has met or exceeded all continuing education requirements, including recent courses in the following:
2009, 2008, and 2007School Di it is Conferences
2009, 2008, and 2007 Governmental Accounting Conferences
A-133 Compliance Supplement Review
Preparing Governmental Financial l Statements
The New Yellow Book
Planning, Sampling, Internal Control, Compliance
Program Specific is gr it
Concluding the A udi , Reporting, Follow - up, & Indirect Cost
Considerations During Single audits
Cost A !locations and Indirect Costs
G SB Statement No. 34 Training Conference
2003 A udil Planning: A Practical Guide
0 A Bachelor of Science degree in Accounting from Marquette University conf in 1982.
• Member of the following:
American Institute of Certiflied Public Accountants
California Society of Certified Public Accountants
• Knowledgeable about all areas of tax law.
17
Agenda Item 8.b.
Page 47
CITY OF ARROYO GRANDE
APPENDIX B - RESUMES
BRAD SILVA CPA - MANAGER
• California licensed CPA with 6 years of audit experience with governmental entities.
• Manager for governmental audits, currently including 22 municipal audits (including Redevelopment Agency &
Single Audits), 8 school district audits, 14 special districts, and 5 non- profits.
• Has assisted governmental clients with year end closings, preparation of award winning CAFRs, and preparation of
State Controller's Reports.
* Has met or exceeded all continuing education requirements, including recent courses in the following:
2009, 2008, and 2007 School Disfrict Conferences
2008, 2007 and 2006 Governmental Accounting Conferences
A Bachelor of Arts degree in Business Economics with an emphasis in accounting from University of
California Santa Barbara conferred in 2003.
1
Agenda Item 8.b.
Page 48
CITY OF ARROYO GRANDE
APPENDIX B - RESUMES
RYAN CORNELL - SENIOR ACCOUNTANT
• A Bachelor of Science degree in Business dr ini tr tion with a concentration in public accounting
from California Polytechnic State University, San Luis Obispo.
• Senior Auditor for 15 school district audits, 14 special districts, and 4 non- profits.
• Has assisted governmental clients with year end closings, preparation of award winning CAM, and preparation
of State Controller's Reports.
Has attended recent courses in the following:
2009, 2008, and 2007 ,school District Conferences
2009, 2008 and 2007 Governmental Accounting Gor!ferences
0 Expects to receive CPA license in June 2010.
1
Agenda Item 8.b.
Page 49
CITY OF ARROYO GRANDE
APPENDIX B - RESUMES
DAVID ORTIZ- INFO"ATION TECHNOLOGYDIRECTOR
0 Fifteen years of audit and computer experience with governmental entities.
• Extensive knowledge of:
Net work design and implementation
Network maintenance and troubleshootin
Network security
Microsoft, Mac, and Linux operating systems
Database systems
Various accounting programs
Bachelor of Science degree in Business Administration with an emphasis in Accounting from California
Polytechnic State University, San Luis Obispo.
• Expected t0 receive CCNA (Cisco Certified Network Associate) in June 2010.
0
Agenda Item 8.b.
Page 50
CITY OF ARROYO GRANDE
APPENDIX C - CURRENT - A ND/011 RECENTLY COMPLETED GOVERNMENTAL TAL AUDITS
CITIES
Adelanto
Lathrop
Angels
Lennon Grove
Arroyo Grande
Lompoc
Beaumont
Lynwood
Bellflower
Morgan Hill
Brawley
Ojai
Buellton
Paradise
Calabasas
Paso Robles
Calexico
Santa Maria
Carnpll
Sonoma
Capitola
Susanville
Dinuba
Tracy
Discovery Bay
Watsonville
E1 Cerrito
Whittier
Eureka
Windsor
Grover Beach
inier
Holtville
GRANTS AND AID PROGRAMS
Allan Hancock Community College Student
Financial Aid Programs
TRANSIENT OCCUPANCY TAX
Represented the following cities in the audit
of hotel "bed tax" records:
Arroyo Grande Pismo Beach
Bellflower Santa Maria
Carmel Whittier
Calexico
UTILITY DISTRICT
Georgetown Divide Public Utility District
: CEMETERY DISTRICTS
Arroyo Grande Cemetery District
Ata cad ro Cemetery District
Santa Maria Cemetery District
San Miguel uel Cemete District
O THER SCHOOL ENTITIES
Academia Semillas Del Pueblo Charter School
Antelope Valley Schools Transportation District
Family Partnership Home Study Charter School
Pacoima Charter School
Santa Ynez Valley Charter School
Southern California Regional Occupational Center
Stella Academy
,, Synergy Charter School
Acton -Agua Dulce Unified School District
Ballard School District
io h an Union School District
Bradley Elementary School District
Brawley Union School District
Duelhon Union School District
Calipatria Unified School District
Carpinteria Unified School District
Casrnalia School District
Castaic Union School District
Cayucos Elementary School District
Coast Unified School District
Cold Spring School District
College Elementary School District
Cuyarna Joint Unified School District
Eastside School District
E1 Segundo Unified School District
Goleta Anion School District
Graves School District
Guadalupe Union School District
Hope Elementary School District
Hughes - Elizabeth Lakes Union School District
eppel Anion School District
Lancaster School District
Los Alamos Elementary School District
Los Ofivos School District
Magnolia Anion School District
Manhattan, Beach Unified School District
Meadows Union School District
Mission Elementary School District
Montecito Union School District
Mulberry School District
Oncutt Union School District
Pacific Elementary School District
Palmdale School District
Pittsburg Unified School District
Pleasant Valley School District
San Ardo Elementary School District
San Lucas Elementary School District
Sari Miguel School District
Santa Marta High School District
h ndon Unified School District
Solang Elementary School District
Temple City Unified School District
Templeton Unified School District
Torrance Unified School District
Vista Del Mar School District
Washington Union School District
Wilona School District
4
Agenda Item 8.b.
Page 51
CITE' OF ARROYO GRANDE
APPENDIX C - CURRENT AND/OR RECENTLY 'COMPLETED GOVERNMENTAL AUDITS
COUNCIL OF GOVERNMENTS -
Association of Monterey Bay Area Governments
San Luis Obispo Council of Governments
Transportation Agency for Monterey County
Santa Cruz County Regional Transportation
Commission
Santa Barbara Counter Association of Governments
TRA SP RTATI N DEVELOPMENT ACT
FAICIAL AUDITS
Arroyo Grande
Brave l ey
Calexico
G rover Beach
Holtvillo
Paso Robles
San Luis Obispo Council of Governments
Santa Cruz County Regional Transportation
Commission
South County /San Luis Obispo Transit
South County Arcs Transit
Transportation Agency for Monterey County
Local Transportation Fund
State Transit Assistance Fund
OTHER DISTRICTS
Beach Cities Health District
Cchurna Resource Conservation District
County of Los Angeles - Deltas Sigma Theta
County of San Diego - Emergency Services
Or
County of San Diego - In Home Supportive Services
Public Authority
County of Sari Diego - M10CR Grant
County of San Diego - RLETC Grant
County of San Diego District Attorney's Office of
Auto Insurance Fraud Grant, Urban Auto Fraud
Grant and WC Insurance Fraud Grant
Mosquito and V oter Managern nt District
of Santa Barbara County
Port San Luis Harbor District
Pajaro River Watershed Flood Prevention Authority
Santa Maria Valley Water Conservation District
PUBLIC FINANCING AUTHORITY
Bellflower Waterford
Gonzales Santa Maria
RECREA'T'ION DISTRICTS
Isla Vista Recreation and Park District
Rancho Simi Park and Recreation District
COUNTIES
Los Angeles County (Master list)
San Diego County (Master list)
COMMUNITY SERVICES DISTRICTS
Cambria CSD
Cuyama CSD
Heritage Ranch CSD
Independence Ranch CSD
Los Alamos CSD
Nice CSD
Oceano CSD
Rancho Murietak CSD
Santa Ynez CSD
Templeton CSD
E andenberg Village CSD
AM BULANCE SERVICES DISTRICT
Cambria Community Healthcare District
FIRE DISTRICTS
Caucos Fire Protection District
rcutt Fire Protection District
, Lakeport Fire Protection District
REDEVELOPMENT AGENCIES
delanto
Lompoc
Arroyo Grande
Morgan Hill
tascadero
Paso Robles
Beaumont
Santa Maria
Buellton
Soledad
Bellflower
Watsonville
Grover Beach
Whittier
Holtville
S AND WATER DISTRICTS
Aldercroft Heights County Water District
mador Water District
Carpinteria Sanitary District
Cayucos Sanitary District
County Sanitation Districts of LA Court i All
25 Districts
Encina Wastewater Authority
ontecito Sanitary District
Marina Water District
North Marin Water District
Orange County Sanitation District - Internal Audits
So uel Creek Water District
22
Agenda Item 8.b.
Page 52
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 23, 2010
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL:
Mayor Ferrara called the special meeting to order at 6:47 p.m. Council Member Ed Arnold,
Council Member Chuck Fellows, Mayor Pro Tem Jim Guthrie, City Manager Steven Adams, and
City Attorney Timothy Carmel were present. Council Member Costello was absent.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Service Employees International Union (SEIU) Local 620
b. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association (AGPOA)
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT:
The meeting was adjourned at 6:58 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Agenda Item 8.c.
Page 1
MINUTES
REGULAR MEETING OF THE CITY COUNCIL /REDEVELOPMENT AGENCY
TUESDAY, MARCH 23, 2010
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor /Chair Ferrara called the Regular City Council /Redevelopment Agency meeting to order at
7:02 p.m.
2. ROLL CALL
City Council /RDA: Council /Board Member Chuck Fellows, Council /Board Member Ed
Arnold, Mayor Pro Tem/Vice Chair Jim Guthrie, and Mayor /Chair Tony
Ferrara were present. Council /Board Member Joe Costello was absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Director of Recreation and
Maintenance Services Doug Perrin, Chief of Police Steve Annibali, and
Community Development Director Teresa McClish.
3. FLAG SALUTE
Members of Cub Scout Pack 13, Den 8 led the Flag Salute.
4. INVOCATION
Pastor David Burgeson, First United Methodist Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring April 2010 as "Month of the Child" and "Child
Abuse Prevention Month ".
Mayor Ferrara presented an Honorary Proclamation declaring April 2010 as "Month of the Child"
and "Child Abuse Prevention Month ". Mariela Ruelas from Community Action Partnership
(formerly EOC), Child Care Resource Connection, accepted the Proclamation.
5.b. Presentation of Friday Night Live Program by Arroyo Grande High School
Students (San Luis Obispo County Drug &Alcohol Services).
A group of Arroyo Grande High School students gave a brief presentation of the Friday Night
Live (FNL) Program, California's leading youth development and substance abuse prevention
program. She spoke of the group's efforts as part of the FNL Program to create awareness and
change around alcohol, tobacco, and other drug and violence issues affecting the youth of San
Luis Obispo County.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council /Board Member Fellows moved, Council /Board Member Arnold seconded, and the
motion passed unanimously that all ordinances presented at the meeting shall be read by title
only and all further readings be waived.
Agenda Item 8.c.
Page 2
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 2
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Ira Hughes Canyon Way, expressed concerns about the proposed City Hall project; the total
cost of project; the proposed parking lot project behind the Council Chambers and the
associated costs; the value of the Olahan Alley parking lot and concern about loss of revenue;
ADA access issue as it relates to the current /flat parking lot versus the new lot which is at a
slope; expressed further concerns about the proposed configuration of Short Street and related
costs; requested an independent financial audit — as if another developer was doing the project;
and also expressed concern about the City's lease for a building that is sitting empty; employee
layoffs; the language in the lease; and that new information regarding this project is surfacing on
a daily basis.
Tim Moore Fair Oaks Avenue, expressed concern that the City had not addressed ADA
compliance issues since the Act was approved many years ago; stated the City has conducted
minimum maintenance at City Hall over the years; stated that there are other buildings in the
City that are bigger and ADA compliant, such as on Station Way; and expressed concern that
there were sidewalks and potholes that are not being fixed; the local sales tax is being collected
to do those projects; and that he wants accountability for the local sales tax and how it is being
spent.
Karen White Halcyon, expressed disappointment about the low -cost, high density residential
development to be constructed at Elm Street and The Pike, which will be surrounded by single -
family residences, agricultural uses, and a cemetery. She expressed concerns about increased
trespassing within the cemetery.
Shirley Gibson Halcyon, requested public notification in the newspaper about the May 29, 2010
special meeting, as well as written notification to interested parties.
Chuck Fellows Canyon Way, speaking as a citizen, shared information regarding the proposed
purchase by the City of the NKT building; expressed concern about the latest appraisal of all the
properties; reviewed comments he had received from three local realtors concerning the values
arrived at, and the method used to determine the values, in the latest appraisal; expressed
concern about the methodology of the appraisals; and concluded by stating that the true market
value needs to be determined by another appraisal using the income approach.
Susan Flores East Branch Street, referred to Agenda Item 11.a. regarding the Mid Year Budget
Status Report and expressed concern regarding the $350,000 savings being shown for the City
Hall project when a decision had not yet been made on the project.
8. CONSENT AGENDA
Mayor /Chair Ferrara invited members of the public who wished to comment on any Consent
Agenda Item to do so at this time.
Brian Johnson Granite Construction, referred to Item 8.e. regarding rejection of bids for the
West Branch Street Rehabilitation Project. He then referred to the 2008 East Branch
Streetscape project and provided a brief history of events related to the bid process, staff's
recommendation for award of contract, a potential bid protest, and a re -bid of the project, which
resulted in the project being awarded to a new low bidder. He expressed concerns regarding the
same, apparent outcome for the West Branch Street project, referred to the language for
method of award, and stated that while he respects the City's rights to reject all bids, he
disagreed with the City's statement that a rebid is an advantage and ensures a level advantage
among all bidders. He requested the Council award the construction contact to Granite
Construction which is identified as an alternative in the report.
Agenda Item 8.c.
Page 3
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 3
Upon hearing no further comments, Mayor /Chair Ferrara closed the public comment period.
Mayor /Chair Ferrara requested Item 8.e. be pulled for response.
Council /Board Member Arnold requested Item 8.g. be pulled for clarification and discussion.
Action: Council /Board Member Arnold moved, and Mayor Pro Tem/Vice Chair Guthrie
seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the exception of
Item 8.e., with the recommended courses of action. The motion passed on the following roll -call
vote:
AYES: Arnold, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Costello
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period March 1, 2010 through
March 15, 2010.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of February 28,
2010.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council /Redevelopment Agency
Meetings of February 23, 2010 and March 9, 2010, as submitted.
8.d. Consideration to Declare Surplus Property /Police Vehicle and Authorize Vehicle
Trade and Acquisition.
Action: 1) Adopted Resolution No. 4266 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS AS SURPLUS
AND AUTHORIZING THEIR TRADE"; 2) Approved a trade -in of the pick -up truck for a
Chevrolet Impala at Christianson Chevrolet; 3) Approved acceptance of a 1995 Hummer
from a Federal Surplus program; and 4) Appropriated up to $10,000 from revenues
received from the sale of surplus vehicles to paint and equip the Hummer.
8.f. Consideration of Acceptance of the Porter Field Backstop Replacement Project,
PW 2010 -04.
Action: 1) Accepted the project improvements as constructed by Town & Country
Fencing in accordance with the plans and specifications for the Porter Field Backstop
Replacement Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized
release of the retention, thirty -five (35) days after the Notice of Completion has been
recorded, if no liens have been filed.
ITEMS PULLED FROM THE CONSENT AGENDA
8.e. Consideration to Reject Construction Bids and Solicit New Construction Bids for
the West Branch Street Resurfacing Project, PW 2008 -08.
Recommended Action 1) Reject all construction bids received on March 2, 2010 for
the West Branch Street Resurfacing Project; and 2) Direct staff to solicit new
construction bids for the West Branch Street Resurfacing Project for an April 13, 2010
bid opening.
Agenda Item 8.c.
Page 4
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 4
In response to public comment, City Manager Adams explained that the information provided
was correct as far as the language in the bid specification and the problems that can occur
when the City has to re -bid projects; said that this was not the City's preferred outcome for this
process; explained specific references on how the bids were to be awarded and that two
provisions were in conflict; that in order to maintain the integrity of the bid process, staff's
recommendation was to reject all bids and request new bids to make sure there is a bid process
with no confusion or discrepancies.
Council Member Arnold asked for clarification about the conflicting language in the bid
specifications and expressed concern that this problem is still occurring.
Brief discussion ensued and City Manager Adams assured the Council that staff would follow -up
to ensure that the standard bid documents and templates are reviewed and corrected so that
this problem would not occur again.
Action: Mayor Pro TemNice Chair Guthrie moved, and Council /Board Member Fellows
seconded the motion to approve Item 8.e., with the recommended courses of action. The
motion passed on the following roll -call vote:
AYES: Guthrie, Fellows, Ferrara
NOES: Arnold
ABSENT: Costello
8.g. Consideration of Adoption of an Ordinance Approving Development Agreement
09 -002 and Amending the Lease Agreement with the 5 Cities Community Service
Foundation.
Recommended Action 1) Adopt an Ordinance approving Development Agreement 09-
002; and 2) Approve the First Amendment to the Lease Agreement with the 5 Cities
Community Service Foundation.
Community Development Director McClish explained the modification to Section 5 of the
Development Agreement regarding the intent to waive all applicable City fees for the Recreation
Center project. She recommended the City Council re- introduce the Ordinance approving the
Development Agreement as modified to amend Section 5 of the Development Agreement and to
amend the Lease Agreement as directed by the Council at its March 9 th meeting. She explained
a public hearing would be scheduled for the April 13, 2010 City Council meeting for final
adoption of the Ordinance.
Mayor Pro Tem Guthrie requested a breakdown of fees be included in the April 13 staff report
for this item.
Action: Council Member Fellows moved, and Council Member Arnold seconded the motion to
re- introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE APPROVING DEVELOPMENT AGREEMENT 09 -002 TO
CONSTRUCT A MUL TI- PURPOSE RECREATION CENTER ON A PROPERTY L OCA TED AT
THE CORNER OF WEST BRANCH STREET AND OLD RANCH ROAD", as modified to
amend Section 5. The motion passed on the following roll -call vote:
Agenda Item 8.c.
Page 5
Minutes: City Council /Redevelopment Agency Meeting Page 5
Tuesday, March 23, 2010
AYES: Fellows, Arnold, Guthrie, Ferrara
NOES: None
ABSENT: Costello
Action: Council Member Fellows moved, and Council Member Arnold seconded the motion to
approve the First Amendment to the Lease Agreement with the 5 Cities Community Service
Foundation. The motion passed on the following roll -call vote:
AYES: Fellows, Arnold, Guthrie, Ferrara
NOES: None
ABSENT: Costello
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS:
10.a. Presentation by the San Luis Obispo Council of Governments (SLOCOG) on the
2010 Regional Transportation Plan (RTP) Update.
Community Development Director McClish gave a brief introduction of the SLOCOG
representatives who would be presenting the 2010 Regional Transportation Plan Update;
progress on the Plan; implications it may have to the City; to educate the public regarding the
Plan which includes how the City will deal with funding uncertainties for transportation projects;
and also new regulations regarding green house gas emissions.
Ron DeCarli, SLOCOG, gave a presentation of the SLOCOG 2010 RTP Update which specifies
the policies, projects, and programs necessary to maintain, manage, and improve the region's
transportation system; stated that the Plan is required by State law; provided an overview of the
four (4) major elements; stated that the Plan is required in order to receive State and Federal
transportation funding; provided a brief overview of the SLOCOG 2005 RTP strategies; and
reviewed funding scenarios based on three basic revenue forecast scenarios.
Geoffrey Chiapella, SLOCOG, provided an overview of SB 375 as it relates to changes in the
process for the RTP Update (Sustainable Communities Strategy [SCS]); reviewed the
Community 2050 Blueprint — Regional Growth Strategy and development of the Preliminary
Sustainable Communities Strategy (PSCS), modeling tools used to develop the 2010 RTP
Update, growth projections by 2035, and four scenarios under review and consideration
reflecting growth and housing units.
Ron DeCarli, SLOCOG, concluded the presentation by explaining how the PSCS will affect the
City; provided a funding outlook for transportation funds; noted that revenues have declined
dramatically; reviewed local financial implications as it relates to impacts on transportation
project and enhancements; and reviewed the next steps in the process.
Agenda Item 8.c.
Page 6
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 6
Brief discussion ensued regarding the Regional Housing Needs Assessment (RHNA) figures;
recent Cal Poly Community Visioning Workshops held in the City; population projections as it
relates to constraints; and projects that are currently in the pipeline.
Mayor Ferrara thanked Mr. DeCarli and Mr. Chiapella for their presentation; stated that the City
is required to comply with SB 375 and that the City is ahead of a lot of regions with the
development of its SCS; that the RTP is needed to support the SCS; that some basic planning
assumptions made during the last General Plan Update may have changed, and that moving
forward the policies should be updated, particularly due to economics; and stated it would be
important to add qualifiers to the RTP including vehicle miles travelled, job generation and
demographics, and the Housing Element.
City Manger Adams noted that staff would continue to work with SLOCOG staff on the RTP.
There was no formal action on this item.
Mayor Ferrara called for a break at 8:45 p.m. The Council reconvened at 8:55 p.m.
11. NEW BUSINESS
11.a. Consideration of Fiscal Year 2009 -10 Mid -Year Budget Report. [COUNCIL/RDA]
Administrative Services Director Kraetsch presented the staff report and recommended the Council: 1)
Approve detailed budget adjustments listed in the Mid -Year budget report; 2) Approve Schedule A; 3)
Approve requests for additional appropriations in the General Fund; and 4) Approve staff's
recommended strategies to address the projected FY 2010 -11 budget shortfall.
Staff responded to questions from Council concerning the status of the Hampton Inn project and
clarification concerning the Police "Avoid the 14 DUI Campaign" grant.
Recreation and Maintenance Services Director Perrin provided an update on the Children In Motion
Program; steps taken over the past several years to make the program self- sufficient; reported a
decrease in participation; noted that fee structure had been adjusted; reported that although
expenditures are down, revenues are also significantly down.
City Manager Adams explained that the goal has been to save the Children In Motion Program and
make it self- sufficient, even though there are non - profit organizations available that can take over and
run the program.
Recreation and Maintenance Services Director Perrin added that his staff from Children In Motion also
participates in the planning and operation of the City's playground programs and special events.
Council Member Fellows asked about budget impacts if management of the program was turned over
to a non - profit organization and whether City staff could be transferred over to the non - profit
organization.
Agenda Item 8.c.
Page 7
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 7
City Manager Adams stated he would encourage the placement of staff with the other organizations;
however, he expressed concern about a potential loss of the City's large pool of part -time staff, which
would impact other City programs and events.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter.
Dawn Zavacky S. Halcyon Road, spoke in support of Children in Motion program; expressed concern
about impacts to employees as well as families; and opposed the elimination of the Child Care
Coordinator position.
Myrna Vickory Hillside Lane, spoke in support of the Children In Motion program; stated cuts have
already been made to the program and staffing; stated that families depend on the program; opposed
the elimination of the full time Childcare Coordinator position, and stated it would lack the necessary
leadership and impact the viability of the program.
Carie VanBeveren stated she was the employee being impacted; spoke about the many duties and
responsibilities required of this position and how much she cares about the children and their families;
felt it was important to have a quality program; that she also works with many other City programs and
special events; expressed concern about transferring the program to another agency; and urged the
Council to consider maintaining the Childcare Coordinator position. She responded to questions from
Council concerning enrollment and methods for increasing enrollment to sustain the program.
Susan Flores East Branch Street, expressed concern that funds for the City Hall improvements were
eliminated from the budget when a decision has not yet been made; commented that the City's debt
service has gone up because of renting the Farm Credit building; expressed concern that the City is
spending money, and that all the proposed budget cuts are people related; acknowledged that the City
has renegotiated labor agreements; noted that the Children In Motion program affects a huge
population of children and opposed elimination of the Coordinator position; reiterated that the budget
cuts are affecting individuals; and that no money should be spent on things like the Centennial Park
project.
Dawn Zavacky noted that other childcare programs offered by non - profits like the Boys and Girls Club
summer program are charging comparable fees as those charged by the City.
Greg Vickory Hillside Lane, commended the Council for proclaiming April as Month of the Child and
noted it was ironic that cuts to the Children in Motion Program are being discussed. He spoke of
indirect costs if the position were eliminated.
Upon hearing no further comments, Mayor Ferrara closed the public comment period.
Council questions and comments ensued regarding the Children In Motion Program; proposed
elimination of the full time Childcare Coordinator position and its potential impacts to the Children In
Motion program; how to improve or increase enrollment of the Children In Motion program; creating a
subcommittee to determine how to keep the program and /or to determine what the impact is to other
City programs if the childcare program is transferred to a non - profit organization; concerns that the
City cannot sustain the program without the full -time Coordinator position and the City has been
dealing with this budget issue every year; that the program should be fully- funded and not subsidized;
and that most cities have moved away from providing childcare programs.
Mayor Pro Tem Guthrie expressed concerns about revenue projections in the budget and with regard
to the loss of funding for the School Resource Officer, he suggested staff approach other cities to see
Agenda Item 8.c.
Page 8
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 8
if they would be interested in helping to fund that position since the High School serves students in
those cities; and to look at costs associated with maintenance and operation of Soto Sports Complex
to make it more cost effective and reduce the subsidies, particularly with the sports programs.
Mayor Ferrara acknowledged that the Children in Motion program has been addressed on an annual
basis and that this issue warrants a focused effort on the part of staff to review how the program is
budgeted; how we can improve enrollment and actively recruit to increase attendance; that more time
is needed to review the program and develop an outreach program to try to keep the program;
recognized that a lot of the staff work at many of the City's special events; and suggested bringing the
issue back in six months or sooner for review. He noted that if the proposed position cut is made, it
could impact the quality of the program.
Administrative Services Director Kraetsch clarified that the playground revenue is included in the line
item for the Children in Motion program, and the revenue is still down.
Brief discussion ensued regarding the formation of a Council subcommittee to review the program,
and staff was directed to place the item on a future Agenda for consideration.
Action: Mayor Pro Tem/Vice Chair Guthrie moved, and Council /Board Member Arnold
seconded the motion to: 1) Approve detailed budget adjustments listed in the Mid -Year budget
report; 2) Approve Schedule A; 3) Approve requests for additional appropriations in the General Fund;
and 4) Approve staff's recommended strategies to address the projected FY 2010 -11 budget shortfall,
with the exception of the Children in Motion position, and to include looking at and approaching other
agencies to help offset the costs for the School Resource Officer, and further, to review costs
associated with the Soto Sports Complex and the potential for finding other revenues to address those
subsidies. The motion passed on the following roll -call vote:
AYES: Guthrie, Arnold, Fellows, Ferrara
NOES: None
ABSENT: Costello
Council also directed staff to place on a future agenda formation of a subcommittee to review the
Children in Motion program.
Administrative Services Director Kraetsch provided an overview of the Citizen Financial Review
meeting held on Thursday, March 11 t" ; stated that the Citizen Committee consisted of Otis Page,
Carroll Pruett (former Chairman of the board for Mid State Bank) and Mike McKenzie (Vice
President and Manager of the Arroyo Grande Santa Lucia Bank); stated that others who
attended this meeting were Mayor Ferrara, Council Member Guthrie, League of California Cities
representative Dave Mullinax, City Manager Steve Adams, and herself. She reported that the
Committee discussed: 1) The effect of the State budget crisis on the City. The City's League
representative explained that signatures are being collected in order to put a measure on the
November ballot that will protect all City funds from the State, which will provide the City with
protection from future State raids and /or borrowing; 2) The status of the City's current budget;
staff informed the committee that the City is experiencing decreases in key revenues as
mentioned tonight in the Mid Year report; and 3) The proposed City acquisition of 300 East
Branch Street. Staff discussed the project and the related costs. The committee stated that they
Agenda Item 8.c.
Page 9
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
Page 9
believed that the numbers presented to them were accurate and acceptable and did not issue
any concerns. Director Kraetsch stated a detailed binder had been prepared for this meeting
that included Budget information, Local Sales Tax information, proposed City Hall project
funding, State Budget information, and the City's Comprehensive Annual Financial Report
(CAFR) and is available for review at City Hall.
12. CITY COUNCIL REPORTS
(a) MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional
Transit Authority (SLOCOG /SLORTA). Reported on the Regional
Transportation Plan (RTP) which was presented tonight and discussion
held on SB 375.
(2) South San Luis Obispo County Sanitation District (SSLOCSD).
Reported that the co- generation plant has been working well and has
resulted in a substantial reduction of monthly energy usage and costs.
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee.
Provided update on the design exception submitted to Caltrans for
approval.
(4) Other. None
(b) MAYOR PRO TEM JIM GUTHRIE:
(1) South County Area Transit (SCAT). Has not met since the last report.
(2) Community Action Partnership. Provided update on the homeless
campus project which will be located in City of San Luis Obispo; the
project received approval by the Airport Board; the HSOC is the primary
agency working on the project. Also exploring location for homeless
campus in South County. Noted that the 10 -Year Plan to End
Homelessness has been effective.
(3) California Joint Powers Insurance Authority (CJPIA). No report.
(4) Homeless Services Coordinating Council (HSOC). Working in
conjunction with the Community Action Partnership on the homeless
campus project.
(5) Economic Vitality Corporation (EVC). No report.
(6) Tourism Committee. Working to finalize a brand; reported on
participation in Sunset Magazine event in which the City will be
represented.
(7) Other. None.
(c) COUNCIL MEMBER JOE COSTELLO (ABSENT)
(1) Zone 3 Water Advisory Board.
(2) Air Pollution Control District (APCD).
(3) Fire Oversight Committee.
(4) Other.
Agenda Item 8.c.
Page 10
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
(d) COUNCIL MEMBER ED ARNOLD:
(1) Other. None.
Page 10
(e) COUNCIL MEMBER FELLOWS:
(1) Integrated Waste Management Authority Board (IWMA). Attended first
IWMA Board meeting as a member; nothing significant to report for
Arroyo Grande at this time.
(3) County Water Resources Advisory Committee (WRAC). Reported the
Board will be sending a letter requesting action to request temporary
deliveries of State water to offset pumping to try to stem the seawater
intrusion; Reported there have been no threats or evidence of invasive
mussels at Lopez Lake; Reported that Lopez Lake was at 63% capacity
at last check; have had more than normal rainfall, however, it is important
to continue conserving water.
(4) Other. None.
13. CITY COUNCIL MEMBER ITEMS
a) Request to consider cancelling second meeting in July instead of the first meeting
in July (FELLOWS)
Council Member Fellows requested, and the Council concurred, to direct staff to place on a
future agenda a request to cancel the second meeting in July instead of the first meeting in July.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Arnold reported that it had come to his attention there may be some easement
issues in the Miller Way neighborhood as it relates to the Methodist Camp. He suggested that
project applications should include a graphical diagram depicting easements affecting the
subject property(ies).
Mayor Ferrara referred to the adopted City Council meeting policies and protocols for
conducting business, stated it would be important to adhere to these protocols for the May 29
Special Meeting, and that the three minute rule for speakers would be enforced.
16. STAFF COMMUNICATIONS:
City Manager Adams provided the following communications: 1) Staff is preparing the Agenda
and report for the May 29 Special City Council Meeting and packets will be distributed on
Friday; 2) Provided update on work being done to the crosswalks in the Village which are being
redone due to substandard work on the project that the City required the Contractor to fix
pursuant to the contract; and 3) Congratulated the Mayor for his hole -in -one at Monarch golf
course.
Agenda Item 8.c.
Page 11
Minutes: City Council /Redevelopment Agency Meeting
Tuesday, March 23, 2010
17. COMMUNITY COMMENTS AND SUGGESTIONS:
Page 11
Mike McConville, E. Branch Street, expressed concern over the three minute rule for public
comment and stated that people should be heard and that this is a public process.
18. ADJOURNMENT
Mayor /Chair Ferrara adjourned the meeting at 10:30 p.m.
Tony Ferrara, Mayor /Chair
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Agenda Item 8.c.
Page 12
Al
RPORATE
Y 14, 191 MEMORANDUM
0
F
To: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE
SUBJECT: CONSIDERATION of RESOLUTION APPROVING 1NG THE TALC
SHARING AGREEMENT WITH THE COUNTY of SAN Lolls o IsPO
FOR ANNEXATION of THE PEARWOOD BASIN PROPERTY
TY
DATE: APRIL 1 , 201
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving the Tax Sharing
Agreement with the County of San Luis Obispo for annexation of the Pearwood Basin
property.
FINANCIAL IMPACT:
There is no initial financial impact of this action. When the Pearwood Basin property
is developed, the City will receive one -third of the increase in property tax revenues.
The recommendation will enable the City to proceed with sale of the Pearwood Basin
property, which is projected to generate $1,000,000 in City revenues.
BACKGROUND:
Staff has proposed to annex, subdivide and sell excess property adjacent to the
Pearwood retention basin. The property is currently owned by the City but lies
outside the City limit in the unincorporated County area. The Council has approved
pre-zoning of the property as the first step in the annexation process.
ANALYSIS of ISSUES:
When annexations are proposed, the law requires affected jurisdictions to negotiate
an exchange of property tax revenue prior to the Local Agency Formation
Commission's approval of the proposed change. In San Luis Obispo County the
cities and County have a master agreement in place in order to avoid long drawn out
negotiations and disputes when annexations are proposed. lender the master
agreement, the County continues to receive the pre-existing amount of property tax
revenues following an annexation in addition to two - thirds of any future property tax
increases. The City receives one -third of any increase in property tax revenues and
all sales tax revenues. Therefore, the ; ;negotiation" has been completed, which
simply consists of confirmation of the terms of the master agreement.
Agenda Item 8.d.
Page 1
CITY COUNCIL
CONSIDERATION ATION of RESOLUTION APPF 1NG THE TAX SHARING
AGREEMENT WITH THE COUNTY OF SAN LUIS O ISPO FOR ANNEXATION ! F
THE PEAWD BASIN PROPERTY
APRIL 13, 201
PAGE 2
ALTERNATIVES:
ES:
The following alternatives are provided for the Board's consideration:
Adopt the resolution;
-
Do not adopt the Resolution and pursue renegotiation of the master
ag reement;
Do net adopt the Resolution and do not proceed with the annexation; or
Provide other dire to staff.
ADVANTAGES:
Adoption of the Resolution enables the City to proceed with the annexation and sale
of the property to generate revenue to the City in order to maintain a balanced
budget and reserves that meet the City's policy. Any attempt to negotiate terrors other
than the master agreement would result in length} delays to the annexation process
and would likely be unsuccessful.
DISADVANTAGES:
ES:
The agreement with the County minimizes future property tax revenues to the City.
ENVIRONMENTAL ONMENTAL E'VIE 11:
No environmental revie w is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front o f City Hall on Tuesday, April 6, 2010 and on the
City's website on Wednesday, April 7, 2010. No comments were received.
Agenda Item 8.d.
Page 2
R ESOLUTION NO,
A RESOLUTION of THE CITY COUNCIL of THE CITY
OF ARROYO GRANDE ACCEPTING NEGOTIATED
EXCHANGE of PROPERTY TY TALC REVENUE AND
ANNUAL TALC INCREMENT BETWEEN THE C ITY of
A RROYO GRANDE AND COUNTY of SAN LUIS o IsPO
WHE in the case of a jurisdictional change other than a city incorporation or
district formation which will alter the service area or responsibility of a local agency,
Revenue and Ta Code Section ga'l requires that the amount of property to
revenue to be e if any, and the amount of annual tax increment to be
exchanged among the affected local agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of supervisors of the county; and
W HEREAS, Revenue and Taxation code Section 99(b)(6) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies
agree to accept the negotiated exchange I of property tax revenues, if any, and annual
tax increment and requires that each local agency transmit a copy of each such
resolution to the Executive Officer of the Local Agency Formation Commission; and
WHE no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the county Recorder, the Executive Officer shall
notify the County Auditor of the e of property tax revenues by transmitting a
copy of said resolutions to him and the County Auditor shall thereafter rake the
appropriate adjustments as required by lair; and
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increments between the City of Arroyo Grande and the County
of San Luis Obispo pursuant to Section gga�1 for the jurisdictional change designated
as Annexation No. 30 to the City of Arroyo Grande Pearwood ; and
WHEREAS, the negotiating party, to grit: Steven Adams city {Manager, on behalf of the
City of Arroyo Grande, and Dan Euckshi, Assistant county Administrative Officer,
County of San Luis Obispo, on behalf of the County have negotiated the exchange of
property tax revenue and annual tax increments between such entities as hereinafter
set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property to
revenues and annual tax increments be consummated.
Agenda Item 8.d.
Page 3
RESOLUTION NO.
PACE
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the
City o f Arroyo Grande as follows:
1. That the recitals set forth above are true, correct and valid.
2. That the City o Arroyo Grande agrees to accept the following negotiated
exchange of base property tax revenues and annual tax increments.
( a) No base property tax revenue shall be transferred from the County of San
Luis Obispo to the city of Arroyo Grande.
( Annual tax increments shall be transferred from the County of San Luis
Obispo to the City o Arroyo Grande in the fiscal year 201 1 -2012 and each
fiscal year thereafter in the amount of 12.2238 percent of the increment
remaining. after transfers to the Education Revenue Augmentation Fund
( ERAF).
3. That the City Clerk is authorized and directed to transmit a certified copy of the
Resolution to the Executive Officer of the San Luis Obispo Local Agency
Formation Commission, w ho shall then distribute copies in the manner
prescribed b y law.
r.
On motion of Council Member
Member
, seconded by Council
and on the following roll call vote, to grit:
AYES:
NOTES:
ABSENT:
T:
The foregoing Resolution was passed and adopted this day of
2010.
Agenda Item 8.d.
Page 4
RESOLUTION NO,
PAGE
TONY FERRARA, MAYOR
ATTEST.
KELLY WETM RE, CITY CLERK
APPROVED AS TO CONTENT.
STEVEN ADAIIAS, CITY MANAGER
APPROVED AS TO FORM.
TIMOTHY J, CARMEL., CITY ATTORNEY
Agenda Item 8.d.
Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.d.
Page 6
INCORPORATED
IKXJULY 10. 1$11
r`
MEMORANDUM
t
To. CITY COUNCIL
FROM. STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION of SECOND EXTENSION of AGREEMENT FOR
CONTRACTOR STREET SERVICES WITH SP MAINTENANCE
SERVICES, INC.
DATE: APRIL 13, 2010
RECOMMENDATION:
It is recommended the City Council approve a second Extension of the Agreement
with SP Maintenance Services for street sweeping services.
FINANCIAL IMPACT:
Currently, $85,000 is budgeted for this service, which will be sufficient to maintain the
costs of the agreement.
BACKGROUND:
n p ril 25, 2006, the Council approved a tiro -year agreement for street ir seeping
services with SP Maintenance services, Inc. with a provision for three one -year
extensions. The agreement was converted to a month to month basis on May 1,
2008 in order to prepare an analysis on providing in -house street sweeping services.
On September g, 2008, the City Council approved revving the agreement and
extending it for a gear, which technically expired on September 8, 200 9.
ANALYSIS of ISSUES:
The services provided by SP Maintenance Services, Inc. under this agreement have
been satisfactory. They have agreed to extend the agreement under the same
terms, conditions and costs. Therefore, the proposed extension mould be effective
through September 8, 2010.
ALTERNATIVES:
The following alternatives are provided for the Board's consideration:
Approve the extension;
Direct staff to solicit new bids;
Direct staff to reassess in -house street sweeping services;
Provide other direction to staff.
Agenda Item 8.e.
Page 1
CITY COUNCIL
CONSIDERATION SIDEl ATI F SECOND EXTENSION OF AGREEMENT FOR
CONTRACTOR ACT STREET SERVICES WITH SP MAINTENANCE CE SERVICES, INC.
APRIL 13, 2010
PAGE 2
ADVANTAGES:
TAGES:
Extension f the ag reement will enable the continuation of street sweeping services
that meet the needs of the community, requiring minimal al staff time, and at no
increase in cost to the City.
DISADVANTAGES:
Precluding to bid process eliminates the ability to identify if potential cost savings
exist. However, soliciting bids could result in a cost increase and/or decrease in
quality o f service.
ENVIRONMENTAL REVIEW:
IEII :
No environmental review is rewired for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Tuesday, April 6, 2010 and on the
City's web site on Wednesday, April 7, 2010. No comments were received.
Attachment(s):
1. Contractor Services Agreement
Agenda Item 8.e.
Page 2
SECOND EXTENSION of AGREEMENT FOR CONTRACTOR
STREET SWEEPING SERVICES
} BETWEEN
THE CITY of ARROYO GRANDE AND
SP MAINTENANCE SERVICES, INC.
THIS SECOND EXTENSION AGREEMENT ("Extension Agreement" for Contractor
Street Sweeping Services is made and effective as of September 9, 2009, by and between
SP MAINTENANCE CE SERVICES, INC., a California Corporation ( "Contractor"), and the
CITY of ARROYO GRANDE, a California Municipal Corporation ( "City"). Contractor and
City are collectively referred to herin as the "Parties ".
WHEREAS,the Parties entered into an Agreement for Contractor Services ( "Contractor
Services Agreement" ) for street sweeping within the City of Arroyo Grande, dated May 1,
2006; and
WHEREAS, the Contractor Services Agreement expired on April 30, 200 8; and
WHEREAS, the Parties entered in a Month to Month Agreement for Street Sweeping
Services effective May 1, 2008 and on the sane terms and conditions contained in the
Contractor Services Agreement;,
WHEREAS, the Contractor Services Agreement contains a provision for three 3 one year
extensions, if mutually agreed by the Parties; and
WHEREAS, the Fiat Extension of Agreement for Contractor Services was approved by
the City Council on September g, 2008 and expired on September 8, 2009; and
WHEREAS, the Parties desire to revive and further extend the Contractor Street
Sweeping Services Agreement for one gear.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other good and Valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. The Contractor Services Agreement, and each and every terra and condition
therein, shall be revived and extended for one year, commencing on September
g, tog and expiring at midnight on September 8, 2010.
2. The above recitals are true and correct and are incorporated herein.
IN WITNESS WHEREOF, the parties have executed this Extension Agreement on the day
and year first +set forth above.
[SIGNATURE PAGE ON FOLLOWING PAGE]
Agenda Item 8.e.
Page 3
SP MAINTENANCE SER ICES INC.: CITY OF ARROYO GRANDE:
SEAN D. ST. DENTS, PRESIDENT
TONY Y FERRARA, MAYOR
ATTEST:
KELLY I ETM RE, CITY CLERK
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.e.
Page 4
ATTACHMENT 1
41
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, T, is made and effective as of May 1, 200 6, between SP
Maintenance Services, Inc. "Contracto ' , and the CITY of ARROYO GRANDE, a
Municipal Corporation "City"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
I .
TERM
This Agreement shall commence on May 1, 2006 and shall remain and continue
in effect until May 1, 2008, unless sooner terminated pursuant to the provisions of this
Agreement.
2, SERVICES
Contractor shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit "A", c ached hereto and incorporated herein by this
reference.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his /her
ability, a peden a and talent, perform all tasks described herein. Contractor shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's Public Works Director shall represent City in all matters pertaining to the
administration of this A greement. Sean St. Denis shall represent Contractor in all
matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Contractor in accordance with the payment rates and
terms set forth in the portion of Exhibit `{E" labeled "Arroyo Grande & Grover Beach Joint
Street Sweeping",, attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION of AGREEMENT ITHOUT CAUSE
(a) * The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at
least ten 110 days prior writte n notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
Page 1
Agenda Item 8.e.
Page 5
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or *Invalidate the remainder of this Agreement.
( b ) In the event this Agreement is terminated pursuant to this Section, the City
shall p to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Contractor will submit an invoice to the
City pursuant to section 5.
7. TERMINATION ON OCCURRENCE E[ CE of STATED EVENTS
TS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
( a) Bankruptcy or insolvency of any party;
(b) Sale of contractor's business; or
( c) Assign me nt of this Agreement by contractor without the consent of City.
(d) End of the Agreement terra specified in Section 1.
8. DEFAULT OF CONTRACTOR
(a) The Contractors failure to comply with the provisions of _this Agreement
shall constitute a default. In the event that contractor is in default for cause under the
terms of this Agreement, city shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately b y written notice to the Contractor. If such failure by the
Contractor to make progress in the p erformance of w ork hereunder arises out of causes
beyond the contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
(b) If the City Imager or his/her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he /she
shall cause to be seared upon the Contractor a written notice of the default. The
Contractor shall have tern (1 0) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Contractor
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at laver, in equity or under this Agreement.
V,
g. LAWS To BE O contractor shall:
( Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by Contractor under this Agreement;
Page 2
Agenda Item 8.e.
Page 6
( b) Keep itself fully informed of all existing and proposed federal, state and
local laves, ordinances, regulations, orders, and decrees which may affect those
eng aged r emp loyed ed under this Agreement, any materials used in Contractor's
g g �
p erformance under this Agreement, or the conduct of the services under this
Agreement;
( c) At all times observe and comply with, and cause all of its employees to
observe . and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
( d) Immediately report to the city's Contract Manager in writing any
discrepancy or inconsistency It discovers in said laws, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawing specifications, or
provisions of this Agreement.
( e) The city, and its officers, agents and employees, shall not be liable at laver
or in equity occasioned by failure of the Contractor to comply with this Section.
10. OWNERSHIP of D OCUMENTS
( a) Contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. contractor shall maintain
adequate records of services provided in sufficient detail to perm ft an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Contractor
shall provide free access to the representatives of City or its designees at reasonable
tines to such books and records; shall give City the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shah allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents,, shall be maintained
for a period of three 3 years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the city without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the city,
at the Contractors of and upon reasonable wr*'rtten request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
Page
Agenda Item 8.e.
Page 7
1. INDEMNIF
(a) Indemnification for Professional Liabilit . When the law establishes a
professional standard of care for Contractor's services, to the fullest extent permitted by
laver, Contractor shall indernnify,, protect,, defend and hold harmless city and any and all
of its officials employees Io y ees and agents "Indemnified Parties" from and against any and
all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Contractor, its officers, agents, employees or subcontractors or any
entity or individual that Contractor shall bear the legal liability thereof) in the
performance of professional services under this agreement.
( b ) Indemnification for other Than Professional Lia,litv Other than in the
performance of professional s rvices and to the full extent permitted by laver Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions., arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees,
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by contractor or by any individual
or entity for which contractor is legally liable, including but not limited to officers, agents,
employees or subcontractors of Contractor. This indemnification provision shall
specifically extend the liability for claims, suits and actions under the comprehensive
Environmental response, Compensation, and Liability Act of 1980 CEF CLA .
( c) General Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subContrarctor or any other person or entity involved by, for, with or
on behalf of Contractor in the performance of this agreement. In the event Contractor
fails to obtain such indemnity obligations from others as required here, contractor
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor co mpliance with these requirements imposes no additional obligations on City
and will in no gray act as a waiver of any rights hereunder. This obligation to indemnify
and defend *City as set forth here is binding on the successors,, assigns or heirs of
Contractor and shall survive the termination of this agreement or this section.
12. INSURANC
Contractor shall maintain prig to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "e" attached hereto and
incorporated herein as though set forth in full.
Page
Agenda Item 8.e.
Page 8
13. INDEPENDENT CONTRACTOR
( Contractor is and shall at all times remain as to the city a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation,, or liability whatever against City, or hind City in any manner.
(b) No employee benefits shall be available to Contractor in connection. with
performance a of this Agreement. Except for the fees paid to contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to contractor for injury or sickness arising out of performing services
hereunder.
1. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the city of Arroyo Grande in
connection with the a ward, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or emp loyee of the City of Arroyo Grande will receive compensation, directly or
indirectly from Contractor, or from any officer, employee or agent of Contractor in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at laver or in equity.
5. No BENEFIT To ARISE To LOCAL EMPLOYEES
No rriernber, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
during his /her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or su b-agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE of I FORMATIONICO FLICTS of INTEREST
EST
( a) All information gained b Contractor in performance of this Agreement shall
be considered confidential and shall not be released by Contractor without city's prior
mitten authorisation. Contractor, its officers, employees, agents, or s ubContractors,
shall not without written authorization from the City Manager or unless requested by the
Page
Agenda Item 8.e.
Page 9
City Attorney, voluntarily provide declarations, fetters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered "voluntary"
provided Contractor gives City notice of such court Order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers,
employees, agents, or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order or subpoena from any person or
party regarng this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Contractor and/or be present at any deposition, Dearing, or
similar proceeding. Contractor agrees to cooperate fully w th City and to provide the
opportunity to review any response to discovery requests provided by contractor.
However, City's right to review any such response does not imply or mean the right by
City to control direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by i personal service, ( ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt shoring date and time of delivery,, or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested}
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To City: city of Arroyo Grande
Don Spanol
214 E. Branch Street
Arroyo Grande, CA 9342
To Contractor. SP Maintenance Services, Inc.
734 Ralcoa Way
Arroyo Gra nde, CA 33420
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
#hereof, without the prior written consent of the city.
19. GOVERNING LAW
The City and Contractor understand and agree that the lags of the Mate of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Page
Agenda Item 8.e.
Page 10
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
junsdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements,, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no fu rther force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party #s own independent investigation of any and all facts such party deems material.
4.
21. TIME*
City and Contractor agree that time is of the essence in this Agreement.
2. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rule of construction to the effect that. ambiguities are to b e
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to defi or limit
the provisions to which they relate.
23. AMENDMENTS
Amendments to this Agreement shall be in writ in and shall be made only with
the mutual written consent of all of the parties to this Agreement.
24. AUTHORITY To EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor
warrants and represents that he /she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind contractor to the performance of
its obligations hereunder.
Page
Agenda Item 8.e.
Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE
By: 0 k_z4_.0t4w
— mamma::
Tony ra, Mayor
CONTRACT
d"
B .
■
Sean 8 D . St. Denis
Its; President
Attes t: (Title)
ek I �lll0rp�
Kelly We or City Cterk �►
� SLY 10. 0 �
Approved As To Form:
Ti othy J. a ,CiqAftrney
A
Page 8
Agenda Item 8.e.
Page 12
Exhibit "A"
SPECIAL PROVISIONS
SECTION I
Pumose of the Street Sweeping contract:
To provide street sweeping services to the City of Arroyo Grande on a regularly
scheduled basis, by removing litter, leaves, dirt, and debris from streets, alleys, and
parking lots. This program shall leave the streets with a presentable appearance and
free from dust created by traffic.
It shall be the contractor's responsibility to furnish at his own expense all tools,
equipment, labor, material, and services necessary for the satisfactory performance of
the work set forth in these specifications.
SECTION E1
Standards of Service:
A. The contractor agrees to comply with. all applicable provisions of federal, state
and/or local law governing the duties and obligation of businesses and
employers.
B. The standards of performance which the Contractor is obligated to perform
hereunder are standards considered by the City to be good street sweeping
practices. Reference Street - Cleaning Practice, Third Edition, by American
Public Works Association.
C. Street sweepers will operate at suggested manufacturers sweeping speeds in
accordance with local conditions and desired results. At no time may the
Contractor's street sweeper speed exceed 6 'miles per hour.
D. The C shall conduct his operations as to cause the least possible
obstruction and inconvenience to public traffic.
E. Sweeping will be done dudng daylight hours in all residential areas.
Downtown and other commercial areas will be swept in moming hours.
F. The intersections (cross gutter area) along all scheduled streets are to be
swept. ire t. All debris (including debris following inclement weather) along
regularly scheduled routes, no 'natter what quantity, is to be removed.
Page g
Agenda Item 8.e.
Page 13
SECTION III
Work Performance:
A. The City of Arroyo Grande will monitor the work performance of the
Contractor by randomly r choosing ten 10 streets of a regular scheduled route
to spot check upon completion of that route. It is understood that if three 3
of the streets do not meet acceptable city standards, the Contractor will be
required to sweep the entire route again within 48 hours at no cost to the City.
B. if a spot check determines a single street has not met the standards, the
Contractor shall resweep within 24 hours at no cost to the City.
C. All potable grater used for dust control will be provided, at no cost to the
Contractor,, through fire hydrants. The city will provide a Fire Hydrant Water
Meter that is to be used every time the street sweeping vehicle fills up.
D. The Contractor shall provide to the City, immediately following a ward of
contract, the manufacturers gallons per minute GPM rating for dust control,
on each street sweeping unit. The Contractor shah record the daily quantity
of water used by any or all street sweeping equipment used to clean the
regularly scheduled route. The daily totals will then be compared against the
monthly metered potable water total to assist in verifying dust control
compliance. if the daily recorded water usage does not meet or exceed the
monthly metered potable water total, the City considers this a loss of value
and reserves the right in its sole discretion to reduce the curb mile rate by
o for that month.
E. City staff, which observes the sweeping of regularly scheduled routes without
the use of water for d ust control, shall result in a 0 reduction of the curb
mile rate for that day.
F. Regularly scheduled routes that . are not completely swept on the assigned
day for any reason except for provisions in Section V11, will require notification
of City residents. The Contractor will immediately place and pay fora Notice
of Street Sweeping Rescheduling" in the Times Press Recorder. A 1/16" size
advertisement stating the reason for rescheduling and the Contractors name
and phone number c all be included in the notification. The City reserves the
right to add or modify the content of the "Notice of Street Sweeping
Rescheduling". cheduling". A final draft of the notification must be approved by the Public
Works Director or his designee prior to placement.
G. Failure to sweep one or more streets, on a regularly scheduled route may
result in the City contracting for the clean up of these streets. All contract and
Page 10
Agenda Item 8.e.
Page 14
administrative costs incurred as a result of this failure to perform will be
deducted from the regular monthly street sweeping invoice.
H. The determination of acceptable City standards will be made by the Public
Works Director and/or his Designee in his sole and absolute discretion.
Equ ipment:
A. Contractor shall use, at a minimum, the following equipment:
Item Model Ca acity Year Manufactured
gfactured
1. Mobile N19 1990
2. Tymco 435 2001
3. Tyco boo Zoo
B. All equipment used for the performance of this contract shall be standard
4-
Ina -dray mechanical broom sweeping or air/vacuum equipment necessary
to properly clean streets and alleys of litter, dirt, rocks, leaves and other
debris. Equipment shall be properly maintained both as to condition and
appearance so as to ensure a high level of street sweeping services.
C. Sweeping equipment as well as disposal trucks shall be equipped with
adequate warning devices and lights for safe operation and shall meet all
vehicle operation requirements of the Mate of California Department of Motor
Vehicles and the California Highway Patrol.
D. Machines must be maintained both mechanically and visually throughout the
term of this agreement with capability to ensure scheduled routine
maintenance and proper adjustment for sweepers.
E. Machines must be equipped with an adequate water spray system for dust
control.
F. All units shall be clearly and prominently marked with the Contractors name
and unit number.
G. Contractor must keen a sufficient supply of spare brooms and pans to ensure
c ntinuous operation. Worn brushes and brooms shall be replaced and
adjusted to ensure maximum efficiency.
H. All equipment must be properly registered and insured in accordance with
state and local lavers. Contractor must show proof of ownership or a signed
lease for sufficient machinery to adequately perform services as specified in
this agreement and the provisions of Section SCI.
Page 11
Agenda Item 8.e.
Page 15
I. All units shall have the capability of being contacted by their main office with
radio or paging equipment.
J. Contractor shall have the ability to provide two 2 sweepers to the City of
Arroyo Grande within four hours notice.
K. Contractor shall have the ability to provide a mechanical broom type sweeper
and an air vacuum type sweeper within four hours notice.
SECTION
Work to be Performed
During the term of this areement, Contractor shall seep all designated public
streets and curbs and gutters, alleys, street medians, parking lots, center lanes and
intersections within the incorporated City limits of Arroyo Grande with the assigned
frequency as listed below.
The Contractor W il adhere to the Primary and secondary "street sweeping
Sched le' provided to him by the City of Arroyo Grande. The City reserves the right
to modify the " Street sweeping Schedule" from time to time during the period of the
contract. Additions or deletions to this schedule shall be made 'in accordance with
unit prices as specified herein, or at the City's sole discretion, as otherwise mutually
agreed upon by the Contractor and the City.
SECTION V1
Primary and S nda[y street SweeD Schedule
The Pdrnary and Secondary Street Sweeping Schedules shall be as outlined on
Exhibit T
SECTION V11
inclement Weather:
In the event that a scheduled sweeping shift is not possible due to Breather
conditions, equipment failure, or other unforeseen occurrences, Contractor shall
notify the City of Arroyo Grande at the earliest possible time and arrange for
sweeping on another day within a fire working day period. It is understood that the
Contractor will make up the missed sweeping shift on the first available day within
the five working day limitation, or forfeit any and all compensation for that particular
shift.
Page 12
Agenda Item 8.e.
Page 16
SECTION Vill
Additional Work:
:
A in the event the city of Arroyo Grande desires to extend the street sweeping
program to include newly constructed streets or alleys,, or streets or alleys
procured through annexations, or existing streets not listed or referenced in
Section V, "Work to be Performed" after the effective date of this Agreement,
the contractor will be notified by fax am US mail Sri h a form "Addition to
Street Sweeping Schedule ". This form will identify streets and give curb mile
length to be added t "Primary Street Sweeping Schedule"' and Contractor
sh be paid for additional streets at the applicable price per curb mile as
specified herein.
B The Contractor shall provide additional miscellaneous street sweeping
services or "Special Sweeps" for work not otherwise specked in these
Special Provisions, at the current hourly rate as specified herein when
requested to do so by the City of Arroyo Grande.
Contractor from time to time may be requested to provide Special Sweeps
immediately following parades, community celebrations, and other activities
involving City streets, alleys or parking lots. Compensation for this work will
be paid at the hourly rate as specified herein.
C. The Contractor may be requested to provide "Seasonal Sweeps" during
certain times of the year along curbs and at intersections to address seasonal
changes including removal of dirt and debris resulting from adjacent fanning
activities.
D. All seeping as identified in this section, paragraphs B and c, shall be
performed as not to interfere with the proper completion of the regular street
sweeping schedule.
SECTION IX
Disposal of Sweeoina ebris
4
The Contractor shall dispose of all refuse and debris collected by his sweepin
operation by hauling to a duly licensed, fully permitted landfill authorized to receive
street s weeping debris which may include petr o- chemicals and other potentially
hazardous waste.
Page 13
Agenda Item 8.e.
Page 17
SECTION X
Compensation
The following payment schedule will be used for services provided by the contractor:
1. Primary and Secondary
Street Sweeping Section VI $20.00 per curb mile
2. Special Sweeps (Section 11111) $85 per hour 1 hr in
3. Parking Lot Seeps (Section VI) $800.00 per month
Failure to sweep shall be deducted from payment, unless made up as stipulated in
Section 1111.
SECTION X1
Insurance F eguireme,nts
The Contractor shall procure and maintain for the duration of the contract insurance
against claims for Injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder, by the Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be paid for by the Contractor.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
. Insurance Services office Form Number GL -0002 Ed. 1173), covering
comprehensive general liability and insurance services; office form
number GL -0404, c overing broad form comprehensive general liability,
or; insurance Services office Commercial General Liability coverage
("Occurrence ", Form CG-0001).
2. Insurance Services O ffice Form Number CA-0001 Ed. 1178), covering
aut rnobile IiabiIity, Code I , "Any Auto", and endorsement cA -0025.
3. Workers' Compensation Insurance, as required by the Labor Code of
the state of California, and Employer's Liability Insurance.
B. Minimum Limits of Insurance: The Contractor shall maintain ain limits no less
than:
Page 14
Agenda Item 8.e.
Page 18
Comprehensive general liability: One million dollars ($1,000,000.00)
combined single -limit per occurrence for bodily injury, personal injury
and property damage.
2. Automobile Liability: one million dollars ($1,000,000.00) combined
single Iirnit per accident for bodily injury and property damage.
3. Workers" Compensation and Employers I Liability: Workers"
Compensation limits as required by the Labor code of the State of
California, and Employers' Liability Limits of one million dollars
1,000,0 0.00 per accident.
C. Deductibles and Self - insured Deceptions: Any deductibles of self-insured
receptions rust be declared to and be approved by the city. At the option of
the City, either the insurer shall reduce or eliminate such deductibles or self -
insured receptions as affects the City, its officials, agents and employees, or
the Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. other insurance Provisions: The policies are to contain the following
provisions:
1 . General Liability and Automobile Liability Coverages:
a. The city, its officials, agents, employees and volunteers are to
be covered as primary insured as respects liability arising out
of activities performed by or on behalf of the Contractor,, or
products and completed operations of the Contractor, or
premises owned, leased or used by the Contractor, or
automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the City,, its officials,
agents, employees or volunteers.
b. The contractor's insurance coverage shall be primary
insurance as respects the City, its officials, agents, employees
and volunteers. Any insurance or self - insurance maintained
by the city, its officials, agents, employees or volunteers shall
be in excess of the Contractor's insurance, and shall not
contribute with it.
C. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officials,
agents, employees or volunteers.
Page 1
Agenda Item 8.e.
Page 19
d. Coverage shall state that the contractor's insurance shall
apply separately to each 'insured against whom claim is made
or suit is brought, except with respect to the limft of the
insurer's liability.
q
3.
Worlers' Compensation and Ern ployers' Liability coverage:
a. The insurer shall agree to naive
against the city, its officials,
volunteers for losses arising from
Contractor for the city.
All Coverages:
all rights of subrogation
agents, employees and
work performed by the
a. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended,
voided, canceled, reduced in coverage or in limits,, except after
thirty 30 days prior to written notice by certified mail, return
receipt requested, has been given to the city.
E. Acceptability of Insurers; Insurance is to be placed with insurers with a best
rating of no less than A:III.
F. Verification of coverage: contractor shall furnish the city with certificates of
insurance and with original endorsements affecting coverage required by this
clause (actual policy. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are-to b received
and approved by the city before work commences. if so required by the City,
the Contractor shall furnish to the city a duplicate original policy.
G. Subcontractors: The Contractor shall include all subcontractors as insurers
under his policies, or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
SECTION X111
Fees onsibil' for Damage:
The City of Arroyo Grande and all of their employees and agents shall not be
answerable or accountable in any manner for any loss or damage that may happen
to the work or any part thereof; or for any material or equipment used in performing
the work; for any injury or damage to any person or persons, either workmen or the
public; for damage to adjoining property from any cause whatsoever during the
progress of work.
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Agenda Item 8.e.
Page 20
SECTION X111
Complaints
All complaints shall first be directed to the Public Hors Director or his Designee,
then to the Contractor. A "Street Sweeping Corn lalnf form will be faxed to the
Contractor indicating the location and nature of each complaint. The Contractor
shall fax back his response to the City indicating compliance to the complaint. It
shall be the Contractor's obligation to resolve all complaints within 24 hours of
receiving a fax copy of the complaint.
ant.
Page 1
Agenda Item 8.e.
Page 21
Exhibit rt " "
S P SERVICES, I.Nr'C,
734 Ralcoa Way
An yo G randa. CA 93420
Phone (805) 343 -9999
Fax (805)343 -9989
4 6
February 7, 200
Director of public Works
City of Arroyo Grande
P.O. Box -550
Arroyo Grande, CA. 93421
ATTN: Jon Spagnolo
anS Ma intenance Services Inc. prop oses to furnish all necessary equipment, tools
., labor for the street sweeping in accordance with the provisions outlined in the
existing agree vent and at the sane fre quen y as foll
AMOY0 E STREET SWEEPING
Primary Street Sweeping: $23.00 per curb mile.
Secondary Street Sweeping: $23,00 per curb nu,e.
$800.00 per month.
Parl�ng dot S
ARROYO E & GROVER GROVE BEACH JOINT STREET SWEEPING
P rimary Street Sweeping: $20,00 per curb mile.
Secondary Street Sweeping: $20.00 per curb rile,
Parking Lot Sweeping: $800.00 per month.
Thanks y ou for the opportunity to submit this proposal; I hope t from m you soon.
ee fly S rnitted,
can D St. Denis
President
S P Maintenance Services, Inc.
Page 18
Agenda Item 8.e.
Page 22
E C
INSURANCE E IF EME lTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. ff that existing coverage
does not meet the requirements set forth here,, Contractor agrees to amend,
supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance coverage and policy limns set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to city.
Contractor shall provide the following types and amounts of insurance:
Excess or Umbrella Liability Insurance (over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shell be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of city following receipt of proof of insurance as required
herein. Limits are subject to revie w but in no event less than $1,000,000 per
occurrence.
Insurance procured pursuant to these requirements smell be wriffen by insurer that are
admitted carriers in the slate California and with an A.M. Bests rating of 4- or better and
a minimum financial size V11.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insured City, its officials
employees pind agents, using standard ISO endorsement rho. CG 2010 With an edition
prior to 1992. Contractor also agrees to require all Contractors, and subcontractors to
do likewise.
Page 1
Agenda Item 8.e.
Page 23
2. liability insurance coverage provided to comply with this Agreement
shall prohibit Contractor, or contractor's employees, or agents, from waiving the right of
subrogation prier to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in - this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in complian with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to city and approved of in writing.
5. No Lability policy shall contain any provision or definition that would serge
to eliminate so -call d third party action over" claims,, including any exclusion for bodily
injury to an employee of the insured or of any Contractor or subcontractor.
6. All coverage typep and limits required are subject to approval, modification
and edditiorpl requirements by the City, as the need arises. Contractor shall not make
any reductions in scope of coverage e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior women consent.
. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, city has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any p remium so paid by City shall be charged to and promptly
paid by Contractor or deducted frorn sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" as opposed to being required) to comply with the requirements of the
certificate.
g. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contractor or any subcontractor, is intended to
apply fiat and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
Page 2
Agenda Item 8.e.
Page 24
1 . Contractor agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for revie w.
11. contractor agrees not to self - insure or to use any self - insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self - insure its obligations to city. If contractors existing coverage
includes a deductible or self - insured retention, the deductible or self- insured retention
must be declared to the city. At the time the city shall revie w options with the
Contractor, which may include reduction or elimination of the deductible or self-insured
retention, substitution of other coverage, or other solutions.
12. The city reserve the right at any time during the term of the contract to
change the mounts and types of insurance required by giving the contractor ninety
( 90) days advance written notice of such change. It such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increase benefit to city.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
1. contractor acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contractor of non-compliance with any insurance requirements
in no way imposes any additional obligations on city nor does it waive any rights
hereunder in this or any other regard.
Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been reneged or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
contractor's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
Page 21
Agenda Item 8.e.
Page 25
the renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laves with respect to City, its
employees, officials and agents,
18. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or 'insured to be limiting or all - inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used b
any party involved in any way with the project reserves the right to charge City or
Contractor for the cast of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to city. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements* Where shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Contractor agrees to provide immediate notice to city of any claim or loss
against Contractor arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Page 22
Agenda Item 8.e.
Page 26
EXHIBIT 44
STREET SWEEPING
Street sweeping is one of the essential Services provided by the city. It benefits the
community by picking up lures debris, and storm drain pollutants. However, it is very
difficult to provide good street s creeping service when there are iterns suich as parked cars,
basketball hoops, and trash containers along the curb. Sweeping around these item
requires more tune, can be a dangerous maneuver, and forces the sweeper to go around
these obstacles leaving some areas along the curb uns crept. Moving these items off the
street will allow the s weeper t o do a better job for you and your neighbors.
The street B eeper comes through the residential neighborhoods on Tu esd ays as shown
on the table below between the hours of :00 am and 5:0 ran. To minimize the impact
of parked ears, please move parked cars off the street on the moming or the night before
sweeping occurs. Please call the Public Works Corporation Yard at 05 473 -5460 for
more information on your street sweeping day. Thank you for your cooperation in keeping
Arroyo Grande clean.
Page 23
Agenda Item 8.e.
Page 27
PRIMARY STREET SWEEPING SCHEDULE
STREETS
DAY
Downtown Village
Monday & Friday
Barnett Street
Bridge Street
Halcyon Road
East Branch Street
East Grand Avenue
Traffic Way
Every Monday
West Branch Street
El Camino Real
Valley Road
vest of Regional
South Elm Street
Center)
Fair Oaks Avenue
Alder Street
H asna Road
Oak Park Boulevard
Ash Street
,lames Way
Tally o load
Every Wednesday
risco Road
Le Point Street (East of
The Pile
FarrolI Avenue
Mason Street)
Arroyo Avenue
Golden West Place
Rice court
Bakernan Lane
Hampton Place
Rogers Court
Babi Court
Lancaster Drive
Russ court
Beech Street
La Vista court
Sandalwood Avenue
California Street
Leenna Drive
South Ilia Avant
armella Drive
Magnolia Drive
South Ilia Belmonte
Carol Place
Mesa Drive
South Via Firenze
Third Tuesday
Carrington Place
Morning Rise Lane
Starlight Lane
of the month
Castillo Del Mar
Mulberry Lane
Sycamore Court
West Cherry Avenue
Noel Street
Sycamore Drive
Creek side Drive
North Via Belrnonte
Tierra Street
Del Sol Street
North Via Firenze
Tiger Tail Drive
Diamond circle
S. Oak Park Boulevard
Todd Lane
Diana Place
Olive Street
Turquoise Drive
Dixson Street
Opal Circle
Verde Place
Farrell Road (east of
orchard Avenue
Via Berros
Halcyon Road)
Pacific Pointe Way
Victorian Court
Forest Glen Drive
Palm Court
Victoria Way
Page 23
Agenda Item 8.e.
Page 27
PRIMARY STREET SWEEPING SCHEDULE
STREETS
]Alf
Garfield Place
Pearl Drive
Virginia Drive
aynfair Terrace
Pecan Street
Willow Lane
Third Tuesday
Pilgrim Way
Wilson Court
of the month
Woodland Court
Woodland Drive
Acorn Drive
Hidden Oak Road
Rancho Parkway
Andre Drive
Hodges Road
Refugio Plane
Arabian Circle
James Way
Robin Circle
ilo
Jenny Place
Rodeo Drive
Avenida De Diannante
La. Canada
Rosemary Court
Dalle Carman
Los Cierwros
Rosemary Lane
Dalle Cuervo
Matthew lay
Salida Del Sol
Camino Mercado
Meadowlark Ddve
Scenic Circle
Second Tuesday
Cardinal CoOrt
Mercedes Lane
Sornbrillo
of the month
Castillo Court
Mesquite Lane
Spanish Moss Lane
Chaparral Lane
Mustang Circle
Stevenson Drive
Clinton Court
Oak Leaf Circle
Ilia Bandolero
Collado Corte
Old Ranch Road
Via Las Aguilas
Cuerda Corte
Palos Secos
Via Poca
Geer Frail Circle
Paraiso Court
Ilia Vaquero
Dos Cerros
Pue to Del Sol
Village Glen Drive
Emerald Bay Drive
Quail Court
Vista Circle
Equestrian lay
Quail fridge Court
Vista Drive
Grace La ne
Alpine Street
Dodson Way
Oak Street
Aspen Street
Borth Elm Street
Park Wary
Sell Street
Erman Court
Pecan Place
Bennett Street
East Grand Avenue
Pine Street
Beta Court
Islands
Poplar Street
Blackberry Avenue
Faeh Avenue
Priscilla Lane
Blueberry Avenue
Fairview Drive
Raspberry Avenue
Pint Tuesday
Boysenberry Street
Hillcrest Drive
Rena Street
of the month
Brighton Avenue
Huckleberry Avenue
Robles Road
Cedar Street
Juniper Street
Ruth Ann Way
Cerro Vista Circle
Ledo Place
Sage Street
Cerro Vista mane
Linda Drive
Sierra Drive
Chelsea Court
Loganberry Avenue
Spruce Street
Chilton S tre6t
Maple Street
Strawberry Avenge
omwall Avenue
Montego Street
Taylor Place
C orona Del Terra
Newman Drive
Walnut Street
Dourtland Street
Newport Avenue
Food Place
Cranberry Street
Lower
Newport Avenue
Page 2
Agenda Item 8.e.
Page 28
Page
Agenda Item 8.e.
Page 29
PRIMARY Tr E T SWEEPING SCHEDULE
STREETS
DAY
Allen Street
lde Street
Pearood Avenue
Branch Mill Road
Ikea Way
Plata Road
Callie Court
James Way (south of
Platino Lane
Carnpana Place
Colina Street)
Plorno Court
Canyon Way
La Cresta Drive
Poole Street
Clarence Avenue
La Paz Circle
Pradera Court
Coach Road
Ladera Place
Rosewood Lane
obre Place
Larchmont Drive
Bo. Trek Way
Colina Street
Launa Lane
Short Street
Corral Place
Le Point Street
d
Stagecoach Road
Cross Street
Le Point Terrace
Station Way
Fourth Tuesday
Crown Fill
Los Olivds Lane
Tanner Lane
of the month
Crown Terrace
Mariposa Circle
Toyon Court
ueta Place
Mason Street
Trinity Avenue
East Cherry Avenge
May Street
Vard Loomis court
Farmhouse Place
McKinley Street
VArd Loomis Lane
Fiel view Place
Miller Circle
Vernon Street
Flora Road
Miller Way
Via La Barranca
Fortuna Court
Myrtle Street
tillage Court
Garden Street
Nelson Street
Hest Branch Street
Greenwood Drive
Nevada Street
Wesley Street
Grove Court
I oguera Place
Whiteley Street
Gularte Toad
Oro Drive
Zogata Way
Harrison Street
Outland Court
Hawkins Court
Pacific Coast Railway
Hillside Court
Paeo Street
Ash Street Bathrooms
E Street Recreation reation
Soto Sports Complex
Twice a Month:
Car Corral Parting Lot
01ohan Alley
Strother Park
Second & Fourth
City Wall
Parting Lots
Woman's Club
Thursdays
Page
Agenda Item 8.e.
Page 29
The streets listed below will be swept two weeks following their primary sweeping.
Page 2
Agenda Item 8.e.
Page 30
SECONDARY STREET SWEEPING SCHEDUL
STREETS
DA
Aspen Street
Maple Street
Taylor Place
Bennett Avenue
Palm Court
Walnut Street (from
Third Tuesday
Brighton Avenue
Pine Street
Maple Street to end of
of the month
Cerro Vista Circle
Priscilla Lane
street)
ourtland Street
Ruth Aran Way (from
Dodson Way (from S.
Brighton" bottom of
Halcyon to S. Alpine)
street)
Arroyo Avenue
Opal Circle
Turquoise Dfie
ambi Court
Orchard Avenue
Via Berms
First Tuesday
Carmella Drive
pearl Ddve
Hest Cherry Avenue
of the month
Diamond Circle
Pilgrim Way
Woodland Drive
Leanna Drive
Todd Lane
Avenida De Diarnante
Old Ranch Road (250
Rodeo Drive (250 feet
Hodges Road (from
feet from 1J'I►I. Branch
on each side of
Fourth Tuesday
Stevenson Drive to end
Street)
Rodeo Drive &
of the month
of street)
Robin Circle
Mercedes Lane
intersection)
Allen Street
Oro Dave from
rosewood Lane
Coach Road
Huasna Road to Platino
Stagecoach Road (500
Second Tuesday
Corral Place
Lane)
feet from Platino,
of the month
East Cherry Avenue
Pacific Coast Railway
south)
Flora Road
(from Allen Street to E.
Station Way
Garden Street
Cherry Avenue)
Tanner Lane
Greenwood Drive
Pearwood Avenue
Traffic Way Exit
Launa Lane
Platlno Lane frorn
Zia Lai B rr nca
Los Olivos Lane
Stagecoach to La
Myrtle Street
Cresta Drive)
Joguera Place
4-
Page 2
Agenda Item 8.e.
Page 30
FIRST EXTENSION of AGREEMENT FOR CONTRACTOR
STREET SWEEPING SERVICES
BETWEEN
THE CITY of AO GRANDE AND
SP MAINTANENCE SERVICES, INC.
THIS FIRST EXTENSION AGREEMENT ( "Extension Agreement") for Contractor Street
Sweeping Services is made and effective as of September 9, 2008, by and between SP
MAINTENANCE SERVICES, INC., a Callfomia Corporation "Contractce , and the CITY of
ARROYO GRANDE, a Caiifomia Municipal Corporation " Ciy ! Contractor and City are
collectively refe#red to herein as the "Parties ".
WHEREAS, the Pardee entered into an Agreement for Contractor Services ("Contractor
Services Agreement") for street sweeping within the City of Arroyo Grande, dated May 1, 2006;
anc
WHEREAS, the Contractor Services Agreement expired on April 30, 2008; and
WHEREAS, the Parties entered into a Month to Month Agreement for Street Sweeping Services
( "Month to Month Agreement" ) effective May 1 g 2008 on the same terns and conditions
contained in the Contractor Services Agreement; and
WHEREAS, the Contractor Services Agreement contains a provision for three one year
extensions, if mutually agreed by the Parties; and
WHEREAS, the Parties desire to revive and extend the Contractor Services Agreement for one
gear.
NOW,, THEREFORE, in consideration of the mutual covenants contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknoyWedged,
the Parties agree as follows:
I . The Contractor Services Agreement, and each and every terra and condition therein,
shall be revived and extended for one gear, oornrnencing on September 9, 2008 and
expiring at mldnlght on September 8, 2009.
2. This Extension Agreement shall supersede the Month to Month Agreement.
3. The above recitals are true and correct and are incorporated herein.
IN WITNESS WHEREOF, time Parties have executed this Extension Agreement on the first date
indicated above.
[SIGNATURE PACE ON FOLLOWING PAGE]
Agenda Item 8.e.
Page 31
P MAINTANENCE SERVICES, INC.:
SEAN D. ST. DENI, PRESIDENT
CITY OF ARROYO AIDE:
*.& 1—aow2oo-AA
TONY FER AYOR
ATTEST:
k"
KELLY WE MO ,CITY CLEF
APPROVED AS TO FORM:
TI HY J. MEL, CITY ATTORNEY
Agenda Item 8.e.
Page 32
INCORPORATED
JULY to, 1911
MEMORANDUM
To: CITY COUNCIL
v
.F\'
FROM: TERESA MccLISH, COMMUNITY DEVELOPMENT DIRECTOR
ELY: LES EANS, PROJECT ENGINEER
SUBJECT: CONSIDERATION To ADOPT A RESOLUTION ACCEPTING
EASEMENTS TS AND IMPROVEMENTS FOR PARCEL MAP AG 05a
0138 AND PLANNED UNIT DEVELOPMENT -003; LOCATED
AT 137 JUNIPER STREET
DATE: APRIL 13, 2010
RECOMMENDATION:
It is recommended the Council adopt a resolution accepting easements and improvements
for Parcel Map p AG 05-0138 and Planned Unit Development 05 -003 located at 137 Juniper
Street.
FUNDING:
There are minor financial impacts in that maintenance of these facilities will be funded
from City maintenance funds in future gears. Patrick McKenna will provide a one -gear
warranty bond insuring any defects that may appear in the improvements.
BACKGROUND:
The city Council approved Final Parcel Map AG 05-0138 and Planned Unit
Development 05-008 on April 22, 2008, subject to conditions of approval. The
conditions included requirements from the Community Development, Building and Fire,
Parks, Recreation and Facilities, and Public Works Departments.
ANALYSIS of ISSUES.
As a condition of the planned unit development, the applicant was required to provide
the following easements and public improvements:
Street tree planting and maintenance easement on Parcel Map 05-0138.
0 Public utility easement on Parcel Map 05 -0138.
0 Curb, gutter, sidewalk and street tree installation on the frontage of 137
.Juniper Street.
• Water services installation at 137 Juniper Street.
All improvements have been completed and inspected.
Agenda Item 8.f.
Page 1
CITY COUNCIL
CONSIDERATION TO ADOPT A RESOLUTION ACCEPTING EASEMENTS AND
IMPROVEMENTS EI TS Fo PARCEL MAP AG 05w0138 AND PLANNED UNIT
DEVELOPMENT ENT 8 -003; LOCATED AT 137 JUNIPER STREET
APRIL 13, 2 01
PAGE 2
ALTERNATIVES:
ES:
The following alternatives are provided for the Council's consideration:
Accept the improvements and release the bond.
- Do not accept the improvements or release the bond.
- Provide other direction to staff.
ADVAN TAGES:
By accepting the public improvements the City will have o wnership of facilities in the
public right -of -gray and within dedicated easements.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL ONMENTAL F E IEW:
No environmental review is required.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda for this meeting was posted at City Hall on Tuesday, April 6, 2010 and the
agendas and staff report were posted on the City's we bsite on Wed April ', 201 o.
As of the writing of this staff report, no public comment had been received.
Agenda Item 8.f.
Page 2
RESOLUTION N .
A RESOLUTION OF THE CITY COUNCIL of THE CITY
F ARROYO GRANDE ACCEPTING EASEMENTS Al
IMPROVEMENTS FOR PARCEL MAP AG 05w0138 38 AND
PLANNED UNIT DEVELOPMENT 05-003; LOCATED AT
137 JUNIPER STREET
WHEREAS, the city council approved Final Parcel Map AG -0138 and Planned Unit
Development -008; located at 137 Juniper Street on April 22, 2008; and
WHEREAS, the project was conditioned to offer a dedication of easements and to
construct certain public improvements; ents; and
WHEREAS, S, the developer has offered the easements and constructed the
improvements required by the conditions of approval for Parcel Map AG 05 -0138 and
Planned Unit Development 05-003; and
WHEREAS, EAS, staff has inspected the improvements and finds they are constructed in
accordance with the approved pleas for the project; and
WHEREAS, the developer has provided the 10% warranty security as required by the
conditions of approval, to be released at the conclusion of the one -year warranty period,
provided the improvements are still in satisfactory condition.
NOW, THEREFORE, f E, E IT RESOLVED that the city council of the city of Arroyo
Grande does hereby accept the following for Parcel Map AG 05-0138 and Planned Unit
Development 05 -008:
1. Street tree planting and maintenance easement on Parcel Map 05 -0138.
2. Public utility easement on Parcel Map 0 -0138.
8. curb, gutter, sidewalk and street tree installation on the frontage of 137 Juniper
Street.
4. Water services installation at 137 Juniper Street.
On motion of council Member council Member , seconded by council
Member , and by the following roll call Grote, to grit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of April 2010.
Agenda Item 8.f.
Page 3
RESOLUTION LUTIO NO.
PAGE 2
TONY FER AI A, MAYOR
ATTEST:
KELLY WETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
r w.m
TIMOTHY J. CANNEL, CITY ATTORNEY
Agenda Item 8.f.
Page 4
R
INCORPORATED
MEMORANDUM
JULY 10. 1911
F
TO: CITY COUNCIL
FROM: TER ESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
Y# MICE LI N, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION TO APPROVE CONSTRUCTION PLANS AND
SPECIFICATIONS AND ENVIRONMENTAL DETERMINATION FOR
THE WELL NO. 10, PHASE II PROJECT, PW 2010 -02
DATE: APRIL 1 , 1
RECOMMENDATION:
It is recommended the City Council: 1 adopt a resolution adopting a Mitigated Negative
Declaration for and approving the Well No. 10, Phase 11 project, P 1 2010-02; and 2
approve Well No. 10 construction plans and specifications.
FINANCIAL IMPACT:
The Capital Improvement Program budget includes $190,294 for the Well Igo. 10,
Phase 11 project. The Engineer's Estimate for construction is $190,000, not including
testing, inspection or contract administration.
BACKGROUND:
The well site is located on property at the southwest corner of the Deer Trail Circle and
Equestrian Way. Due to the nature of well development and environmental concerns,
the project was split into to separate phases:
Phase I - Test Well Construction
Drilling and development of the well. Includes testing of the actual production
capacity of the well and the water quality to perform the design of the Phase 11
project.
Phase 11 = site Work, Pump & Pipeline Installation
Construction of the permanent pump and associated waterline piping,, the
required treatment facility, the building enclosure, and the permanent connection
into the City's water system.
On August 8, 2004, the City Council awarded a construction contract to Floyd V. Wells
Inc. to perform the Well No. 10, Phase I project. On March 13, 2007, The City Council
accepted the Phase 1 project as complete.
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION To APPROVE CONSTRUCTION PLAIT AND SPECIFICATIONS
AND ENVIRONMENTAL DETERMINATION FOR THE WELL NO, 10, PHASE 11
PROJECT ECT PIN 2010
APRIL 13, 2010
PAGE 2
On November 10, 2999, the Council approved a First Amendment to the Agreement for
Consultant services with Daring, Taylor & Associates for a not to exceed amount of
$54,189 for additional design expenses and support services during construction of the
Phase 11 project.
The design of the Phase II project is complete. The scope of work will include the
construction of a filter back -flush pipeline, site grading, construction of a masonry
retaining Nall and pump building, and the installation of treatment plant equipment.
Upon satisfactory completion and water quality testing, the contractor shall perform a
permanent tie -in from the well to the City's water system.
ANAL YSIS of ISSUES:
O March 9 , 2010, the City received a letter from the Oak Park Community Group
commenting on the Draft Mitigated Negative Declaration for the project {see Attachment
1). The letter expressed concerns about potential overdraft of the aquifer. However,
the September 3, 2008 technical report prepared by Cleath & Associates, that included
measurements for nearby wells, concluded that the proposed operation of Well No. 10
would not cause interference in surrounding wells currently in use. As requested, staff
has incorporated a condition of approval into the project description as follows: the City
will monitor, on a twice per year basis, the groundwater levels of Well No. 19, nearby
municipal wells, nearby residential shallow wells, and nearby residential deep wells for
as long as Well No. 10 is in operation and the City will provide public notice of the
monitoring activities prior to their performance and provide a report of the monitoring
results to the well owners upon completion.
The contract time is estimated at 90 calendar days. Work is expected to begin in dune
2616 and complete by September 2610.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve staff's recommendations;
Do not approve staffs recommendations;
- Provide direction to staff,
ADVANTAGES:
The completed well will provide an estimated 66 — 65 gallons per minute (approximately
90 — 117 acre -feet yearly) to the City's water supply. Geotechnical groundwater
monitoring, performed during the Phase l development of the well o ver a period of two
weeks, determined that there would not be any adverse effects to the surrounding wells
as a result of the operation of Well 1. 16.
Agenda Item 8.g.
Page 2
CITY COUNCIL
CONSIDERATION TO APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS
AND ENVIRONMENTAL DETERMINATION FOR THE WELL NO. 10, PHASE
PROJECT PW 2010 -02
APRIL 13, 2010
PAGE 3
DISADVANTAGES.
The project is sited in a residential neighborhood. The design includes noise mitigation
requirements during construction to minimize adverse impacts to the surrounding
residents.
ENVIRONMENTAL IAAEI TAL REME :
Staff has reviewed this project in compliance with the Californian Environmental Quality
Act CEA, the CEA Guidelines and the City of Arroyo Grande Rules and
Procedures for Implementation of CE A. Based on the review, staff does not anticipate
that this project will have a significant effect on the environment. Therefore, a Mitigated
Negative Declaration ( MND) has been prepared for Council's consideration ( Attachment
2. Note that the MND was recirculated specifically to include the state Clearinghouse
for review. No comments have been received to date.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted on Thursday, April 8, 2010. The agenda and staff report w ere
posted on the City's website on Friday, April 9, 2010. No public comments were
received as of the time of preparation of this report.
Attachments:
1. Letter from Oak Park Community Group dated March 9, 2010
2. Initial Stud /MND
Agenda Item 8.g.
Page 3
RESOLUTION Igo,
A RESOLUTION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR AND APPROVING THE WELL NO. 109
PHASE 11 PROJECT
WHEREAS, the City Council has conceptually approved the Well No. 10, Phase II
Project (the "Project ", and
WHEREAS, a Mitigated Negative Declaration has been prepared for the Project.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby:
1. Adopt a Mitigation Negative Declaration for the Project, subject to the
conditions set forth in Exhibit "A" (attached) hereto and incorporated herein
by this reference;
2. Instruct the City Clerk to file a Notice of Determination; and
3. Approve the plans and specifications for v elI No. 10, Phase II Project.
O motion of Council Member seconded by Council Member
, and on the following roll call vote, to grit:
AYES.
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
2010.
Agenda Item 8.g.
Page 4
RESOLUTION UTIO NO,
PAGE 2
TONY FERRARA, MANOR
ATTEST*
KELLY I ETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.g.
Page 5
Exhibit A
Special Conditions —Well No. 10, Phase II Project
1. The City of Arroyo Grande will monitor, on a twice per year basis, the
groundwater levels of Well No. 10, nearby municipal wells, nearby residential
shallo w wells, and nearby residential deep wells for as long as f ell No. 10 is in
operation.
2. The City of Arroyo Grande will provide public notice of the monitoring activities
prior to their performance and provide a report of the monitoring results to the
well owners u pon completion.
Agenda Item 8.g.
Page 6
ATTACHMENT I
Oak Park Community Group
California lion- Profit Corporation
897 Oak Park Blvd. ##271
Pismo Beach, CA 93449
March 9, 2010
Dear Mike Lira, Assistant City Engineer,
RECEIVED
MAR 09 2010
ARROYO GRA C
CITE' CLERK
In regards to the Draft Mitigated Negative Declaration for the water well No. 10 Development
the Oak Park Community Group submits the following comment and request for conditions.
In light of the LRDM Environmental Impact Report specifying that the aquifer that the AG Well
No. 10 will draw from is in danger of entering overdraft from the potential pumping by Arroyo
Grande, and or surrounding residential users, and natural uses, the Oak Park Community Group
respectfully requests the following conditions be adopted:
The city of Arroyo Grande publish, in advance, an annual notification of maximum AFY
pumping limits that will not push the Oak Park Aquifer into overdraft while taking into account
current residential use, natural use and any planned neighboring municipality use.
The city of Arroyo Grande monitor on a twice a year basis, and provide to the public, a report of
groundwater levels of Igo. 10, nearby municipal wells, and a nearby residential shallow well, and
nearby residential deep well for as long as well No. 10 is in operation.
In addition to- providing public notice of the above information the city of Arroyo Grande will
specifically provide this information on a twice a year basis to the Oak Park Community group
at the above address.
Thank you for your assistance in this natter.
Sincerely,
Je Auerbach
Oak Park Community Group Boardmember
Agenda Item 8.g.
Page 7
ATTAC 2
Appendix
Notice Completion & Environmental Document ent Transmittal
Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812 -3044 (916) 445.061
For Hand D eliverylStreet Address: 1400 Tenth Strect, Sacramento, C A 95814
Project Title: Arroyo Grande Water Well No. 10 Development
Lead Agency: City of Arroyo Grande Contact person: Michael Linn, Asst. City Engineer
Mailing Address: P.O. Box 550 Phone: (805) 473 -6444
City: Arroyo Grande Zip: 93421 Cou nty: San Luis Obispo
Project Location: County: San Luis Obispo City/Nearest Community: Ar rande
Cross Streets. Equestrian Way ,..+ - - . zip code. 93420
Longitude/Latitude (degrees, minutes and seconds): ° �' �" N l �� �� �" W Total Ages: 0.016 (690 s.I'.
Assessoy's Parcel 1o.: 007 - 851 -01 Section: T p.: Mange: Base:
Within 2 files: State Hwy #: 227 Waterways:
Airports: - Railways: : Schools:
Document Type:
CE QA: [] 11GP ❑ Draft EIR NEPA: [] N I Other:
❑ Joint Document
El Early Cons [] Supplement/Subsequent EI [ ] EA.
❑ Final Document
❑ Neg Dec. (Pryor SH Igo.) ❑ Draft EIS
Otter:
Mit Neg Dec Ot her: [3 FOISI
L ocal Action Type:
C] General Plan Update [] Specific Plan ❑ rezone
E] Annexation
C] General Plan Amendment ❑ Master Plan C] Preone
E] Redevelo
[] G eneral Plant El ement ❑ Planned Unit Development elopment ❑ Use Permit
❑ Coastal Permit
[] C ommunity Plan Site Plant ❑ Land Division (Subdivision, etc.)
❑ Other:
Development Type:
D Residential: .]nits Acres
❑ Offi Sq.ft. Acres Employees 'Transportation. Type
❑ Commercial:Sq.& Acres Employees Mining: Mineral
�
Industrial: Sq.& Ages Employees El Power: 'Tye
MW
Educational ❑ W aste 'Treatment: Type
MGD
❑ recreational: ❑ Hazardous a►ste:Type
W ater Fa ilities: Municipal Well MGD 0 Other:
Proj ect I ssue Di scussed I n Document:
Aesthetic/Visual E] Fiscal ❑ R ecreatio n/Par ks
E] Vege
❑ Agricultu Lard ❑ Flood Plain/Flooding Schools/Universities
E] water Quality
0 Air Quality ❑ Forest L Hazard ❑ Septic Systems
❑ water Supply /Groundwater
❑ Archeological /Historical ❑ Geologic/Seismic Severer Capacity
❑ Wetland/ Riparian
❑ Biological resources ❑ Minera ❑ Soil Erosion/Compaction/Grading
El Growth In ducement
❑ Coastal Zone El Noise ❑ Solid Waste
❑ Land Use
❑ Drainage/Absorption ❑ Populat Balance ❑ ToxiclHazardous
❑ Cumul Effects
❑ Economic/Jobs Public Service E] Traf0c/Circu
❑ Othen
Present Land Use/Zoning/General Plan Designation:
Very lover- density single family residential and conservation open space; PD 1.1
Project D escription: (please use a separate pale if necessary)
Development Municipal al well o. 10 on Deer bail Circle, Lot 14 of the Oak Fill Estates and includes: Site preparation for
underground power line connection to well from street; pump house construction; water lire construction
and connection
from pump house to City water main fronting well In street; sanitary severer line ire street; retaining walls on -site where
necessary and landscaping and street reconstruction where necessary.
Note: The State Clearingho use will assign iden dfica tion numbers or all new prq jects. I a SCH number already exists for a project e.g. Notice o Preparation or
previous druft document) pleasefill in.
R evised 200
Agenda Item 8.g.
Page 8
Reviewing Agencies Checklist
Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X ".
If you have already sent your document to the agency please denote that with an "S'f.
A ir Fesources Board
Offi of Em Services
Boating + Waterways; Department of
Offi of Historic Preservation
California Highway Patrol
� Office of Public School Construction
altra ns District #
Parks & Recreation, Department o
altrans Division of Aeronautics
Pesticide Regulation, Department of
altra►ns Planning
Public Utilities Commission
Central Valley Flood Protection Board
X Regional WB ##
Coachella Valley Mtns. Conservancy
Resources Agency
C o as tal Commis
S.F. a Conservation &. Development Comm.
.� �
Colorado River Board
San G abriel & Lower L.A. Rivers & Mtns. Conservancy
Conservation, Department of
San Joaquin River Conservancy
Corrections, Department of
� Santa Monica Mtns. Conservancy
Delta Protection Commission
State Lands Commission
Ed ucation, Department of
S I B: Clean Water Grants
Energy Commission
X SWI B: Water Quality
F & Gagne Reg ion.
SR.B: Water lights
F & Agricu lture, Dep artment o f
� Tahoe Regional Planning Agency
Forestry and F ire Protection, Department of
Toxic Substances Control, Department o
General Services, Departm of
X Water Resources, Department of
Health Services, Department of
•-
unit Deve
Housing � � p
�. Other: --`
Integrated Waste Managem Boar
_ - Other: ' 6 b% jQ %-1
Native American H erita ge Commission
Local Public Review Peri to be filled in by lead agen
Starting Date March 12, 2010 Ending Date April 13 t 201
Lead Agency (Complete if applicable),
Consulting Firm: _ - Applicant: City of Arroyo Grande
- Address: Address: P.O. Box 550
City /State /Zip: _ .. City/State/Zip: Arroyo Grande, CA 93421
Contact: Phone: (805) 473 -5420
Phone:
Lead erg Representative: Dater
signature o p
Authority cited: Section 2 1083, Public Resources code. Ref erence: nce: Section 2 Public Resources Code.
Revised 2008
Agenda Item 8.g.
"{ .Page 9
A. MCORPOnATa)
F rn CITY OF ARROYO GRANDE
ig jULY ,o, loll NOTICE OF AVAILABILITY
I DRAFT MITIGATED NEGATIVE DECLARATION
PROJECT DESC IPTI : Development of Munici paI Well No. 10 on Deer Trail Circle,
Lot 14 of the Oak Hill Estates and includes: Site
preparation for underground poorer line connection to well
from street; pump house construction; w ater lire
construction and connection from pump house to city
grater main fronting well in street; sanitary serer line in
street; retaining walls on-s ite where necessary and
landscaping and street reconstruction where necessary.
PROJECT LOCATION: Lot 14, Oak Hill Estates; 100 block of Deer Trail Circle
APPLICANT: City of Arroyo Grande
CONTACT PERSON: Michael Linn, Assistant City Engineer
(805) 473 -5444
COMMENT MEI T PERIOD: Comments on the Draft Mitigated Negative Declaration
may be either: 1 mailed to the Community Development
(2)
Department, P.O. Box 550, Arroyo Grande, CA 93421;
delivered in person to the Community Development
Department at 214 East Branch Street, Arroyo Grande,
CA; or 8 provided in person at the first public hearing
currently scheduled at the City Council Meeting of Aril
13, 2010 at 7:00 PI'S!.
DOCUMENT AVAILABILITY: copies of the Draft Mitigated Negative Declaration may be
reviewed at city Hall, located at 214 East Branch Street,
Arroyo Grande, CA. If you have any questions, please
contact the Community Development Department at (805)
.473 -5420.
enda Item 8.g.
Page 10
INITIAL STUDY /DRAFT MITIGATED NEGATIVE DECLARATION
PROJECT TITLE
Arroyo Grande Water Well No. 10 Development
pment
LEAD AGENCY and CONTACT PERSON
City of Arroyo Grande
Community Development Department
214 East B ran c h Street
Arroyo Grande, CA 93420
Contact: Mike Linn, Assistant City Engineer
(805) 473 -5444
PROJECT SITE DESCRIPTION
The project is the development of Municipal Well No. 10 on Deer Trail Circle, Lot
14 of the Oak Hill Estates and includes: site preparation for underground power
line connection to well from street; pump house construction; garter line
construction and connection from pump house to City water main fronting well in
street; sanitary severer line construction and connection from floor drain in pump
house to City sanitary severer line in street; retaining walls on-site where necessary.
and landscaping and street reconstruction where necessary.
Agenda Item 8.g.
Page 11
INTRODUCTION
LEGAL AUTHORITY
This Initial Studer I Mitigated Negative Declaration has been prepared in accordance with the CE
G uidelines and relevant provisions of the California Environmental Quality Act (CE QA) of 1970, as
amended.
Initial Study. Section 15063(c) of the CEQA Guidelines defines an Initial Study as the proper preliminary
method of analyzing the potential environmental consequences of a project. The purposes of an Initial
Study are:
To provide the Lead Agency with the necessary information to decide whether to prepare
an Environmental Impact Report EI or a Mitigated Negative Declaration,
To enable the Lead Agency to modify a project, mitigating ad.verse impacts, thus avoiding
the reed to prepare an EII; and
To provide sufficient technical analysis.of the environmental effects. of a project to permit
a judgment based on the record as. a whole, that the environmental effects d a project
have been adequately mitigated.
IMPACT ANALYSIS AND SIGNIFICANCE CLASSIFICATION.
The following sections of this Initial Study . discuss the possible environmental effects of the proposed
project for specific issue areas that have been identified in the CEQA Initial Study checklist. For each
issue area, potential effects are isolated.
A ` . significant effect" is defined by Section 1 5382' of the CE QA Guidelines as "a substantial, or potentially
substantial, adverse change in any of the physical conditions within the area affected by a project,
including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance." According to the CEQA Guidelines, Han economic or social change by itself shall not be
considered a significant effect on the environment, but may be considered in determining whether the
physical change is ignificant.
City of Arroyo rande December 14, 2009
Agenda Item 8.g.
#? "'y Page 12
I
INITIAL STUD'S OF ENVIRONMENTAL IMPACT
Environmental Determination Form
1 ' Project title: Arroyo Grande Water Well No. 10 Development
2. Lead agency name and address: City of Arroyo Grande,
214 East Branch Street, Arroyo Grande, CA 93420
3.
Contact person and phone number: Michael Linn
Assistant City Engineer
805 - 473 -5444
4 t roj ect location: Lot 14, Oak Hill Estates
One Hundred Block, Deer Trail Circle'
Arroyo Grande, California
. Project sponsor's nam a and address: City of Arroyo Grande, 214 East Branch Street,
Arroyo Grande, CA, 93420
General plan designation: 7. Zoning: PD 1.1
Very low - density single family residential and
conservation / open space.
8 Descri ptlon of project: (Describe the whole' action involved, including but not limited to later
phases of the project, and any secondary, support, or off-site features necessary for its
implementation. Attach additional sheets if necessary.)
Site preparation for underground power line connection to well from street, pump house
construction, water line construction and connection from pump house to City water main fronting
well in street, sanitary sewer line construction and connection from floor drain in pump house to
City sanitary sewer line in street, retaining walls on -site where necessary and landscaping and
street reconstruction where necessary. r
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
The neighborhood is composed of single and two -story residences on large lots in a semi -rural
atmosphere. The neighborhood was developed within the City of Arroyo Grande in the 1980s with
full urban services such as water, sanitary sewer, electric, natural gas, drainage and paved streets.
All utilities appear to be undergrounded in the neighborhood.
The site is approximately 690 square feet with 23 feet depth and 30 feet with northerly frontage
upon leer Trail Circle, a residential public street. The site was previously graded (most likely in the
4
Agenda 8.g.
Page 13
Evaluation of Environmental Impacts
1 brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites In the parentheses following each
question. A "N o Impact" answer is adequately supported if the referenced information sources show
that the impact simpler does net apply to projects like the one involved e.g., the project falls outside a
fault rupture zone). A "No Impact" answer should be explained where it is based on project- specific
factors as well as general standards e.g., the project will net expose sensitive receptors to
pollutants, based on a project - specific screening analysis).
2 All answers must take account of the whole action involved, including off -site as well as en -site,
cumulative as well as project - level, indirect as well as direct, and construction as well as operational
impacts.
"Potentially Significant Impactt' is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more "Potentially Significant Impact' entries-when the determination is
made, an EIR is required.
4 "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced err effect from "Potentially Significant Impact/ to a
"Less Significant Impact." The lead agency mu t describe the mitigation measures, and briefly
explain hover they reduce the effect to a less than significant level'..
5) Earlier analyses may be used where, pursuant to the ti ring, program EIF , or other CEQA process,
an effect has been adequately analyzed in an earlier EIR or negative declaration. Section
1506 c (3)(D). Earlier a naIyses and r f renrce are discussed at the end of the checklist
Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts e.g., general plans, zoning ordinances).... R.eference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
The analysis of each issue should identify:
a the significance criteria or threshold used to evaluate each question; and
b the rnitigation measure identi led, If any, to reduce the impact to less than significance
City of Arroyo Grande December 14, 2009
:tF Agenda Item 8.g.
Page 14
I 980s) and has been seeded with Imported grasses and appears to be mowed annually for fire
prevention purposes. The site is treeless and is fenced with equestrian-white painted wood
fencing, approximately two and one -half feet high, on its northerly and westerly boundaries. A few
low-lying landscape shrubs parallel the northerly fencing facing the street.
10. other public agencies whose approval is required e.g., permits, financing approval, or
participation agreement.
None known.
ENVIRONM FACTORS POTENTIAL AFF
ED:
The environnmental factors checked below would be potentially affected by this project, involving at least
one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages.
_)!L Aesthetics
Agriculture Resources
Air Quality
Biological Resources
Ha ands & Hazardous
Materials
Mineral Resources
Public Services
Utilities Service
Systems
DETERMINATION:
On the basis of this initial evaluation:
Cultural Resources
Hydrology water
Quality
Noise
Geology /Soils
Lard Use Planning
— Population Housing
Recreation Transportation/Traffic
= Mandatory Findings Significance
I find that the proposed project COULD NOT have a significant effect on the environment,,
and a NEGATIVE DECLARATION will be prepared.
)LI find that although the proposed project could have a significant effect on the environment
there will not be a significant effect in this case because revisions in the project have been made
by or agreed to by the proj ect proponent. A MITIGATED NEGATIVE DECLARATION will
be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
= I find that the proposed proj ect MAY have a 'potentially significant impact" or "potentially
ignifkar t unless mitigated" impact n the environment. but at least one effect 1 has been
_..
Agenda Item 8.g.
Page 15
adequately analyzed in an earlier document pursuant to applicable legal standards, and has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a s ignificant effect on the environment,
because all potentially significant effects a have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and b have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
Sign e, eview ' and Approved by Michael Lind, Asst. City Engineer Date
Signature, Reviewe4and Approved by City Environmental Officer Date
Issues:
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
I. AESTHETICS -- Would the project:
a Have a substantial adverse effect on a scenic
vista?
Impact Discussion:
The subject site is viewed from single story
residences at 180 and 189 Deer Trail Circle and
from two story residences at 193 Deer Frail
Circle and 669 Equestdain Way and public views
from an equestrian trail and public roads.
Litigation measures: Landscape screening of
the well house and underground electrical
service to the proposed development will
mitigate adverse effects upon residential and
public vistas.
b Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c Substantially degrade the existing visual character
or quality of the site and its surroundings?
d Create a new source of substantial light or glare
-3-
X
X
X
{
` 'Aigo- nda"It ' m -:8.g. .
that would adversely affect day o nighttime views
in the area?
Impact Discussion:
Exterior lighting could affect views in this semi -
rural area. Mitigation Measures: No on -site
lighting shall be activated during non-emergen
activities in order that the semiarural nature of
the neighborhood is maintained Exterior lighting
shall be activated only for emergency repairs
and activities.
II. AGRICULTURE RESOURCES; wou the
project:
a Convert Prune Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland, as
shown on the naps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
c Involve other changes in the existing environment
that, due to their location or nature, could result in
conversion of Farmland, to non- agrieultaral use?
111. AIR QUALM -- Would the project:
a Conflict with or obstruct implementation of the
applicable air duality plan?
b violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
0 Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
0
is non-attainment under an applicable federal or
state ambient air quality standard (including
releasing emissions that exceed quantitative
thresholds for ozone precursors)?
d Expose sensitive receptors to substantial pollutant
concentrations?
e Create objectionable odors affecting a substantial
number of people'?
Potentially Less Than Less Than No
Significant Significant with significant Impact
Impact Mitigation Impact
Incorporation
X
K4
rA
KdA
X
X
� A I
E
El
Agenda Item 8.g.
Page 17
Potential Less Than Less Than
No
Significant Significant with Significant
Impact
Impact Mitigation fnnpaet
Incorporation
IV. BIOLOGICAL RESOURCES -- w the
project:
a Have a substantial adverse effect, either directly
or through habitat modifications, on any s pec i es
identified as a can didate, sensitive, or S pecial status
species in local or regional plans, policies, or
regulations, or b the California Department of Fish
an Game or U.S Fish and Wildlife Service?
b Have a sub stantial a effect on any r ipar ian
habitat or other sensitive natura c ommun ity
identified in local or regional plans, policies, an
regulations or by the Cali f ornia Department of Fish
an Game or � T Fish and Wildlife Service?
c Have a substant adverse effect on fed
protecte wetl as defined by S ection 404 of t he
Clean water Act (inc b ut not limited to,
marsh, vernal pool, coastal, etc.) through direct
remova filling, hydrological interru or oth
means?
d Interfere substantia with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wi ldlife nursery s ites?
Conflict with any loca policies or or d inances
x
protecting biologica resources, suc as a tree
pres policy or ordinance?
f Conflict with the provisions of an adopted Habitat
C onservation plan, Natural Conmiunity
Conservation plan, or other approved local,
regional, or state habitat conservation plan?
V . CULTURAL RESOURCES -- Would the
project:
a C ause a su bstan tia l adverse change in the
s ignificance o f a historical resource as defined in
'15064-
b Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to'1 5064.5`
Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
-_
Agenda Item 8.g.
.a._ Page 18
1
Potentially Less Than Less Than No
S ignificant Significant with Signifficant Impact
Impact M itigation Impact
Incorporation
feature?
d Disturb any human remains, including those
interred outside of formal eerneterie `
1. GEOLOGY AND -- w t he project:
a Expose people or structures to potential
substantial adverse effects, including the risk o f loss,
injury, o r death involving:
Impact Discussion:
There is no Known ge techni arl study of the site
that identifies potential substantial adorers
affects, if any, for the proposed project. The site
and structure shall be uninhabited other than
minimal time necessary for maintenance. The
soils are unsuitable for liquefaction.
Mitigation measures: The submersible pump,
vessel, filter, building slab, structure and
retaining galls shall meet or ex current
California Zone 4seismi req'uirerrlent .
i Rupture of a known earthquake fault, as
delineated on the most recent Alquist- riolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial }
evidence of a known fault?
ii) Strong seismic groun shaking?
iii) Selsic- related ground failure, including
liquefaction?
X
iv } Landslides?
b Result in substantial soil erosion or the loss of X
topsoil?
e Be located on a geologic unit or soil that is X
unstable, or that would become unstable as a result
of the project, and potentially result in n- or off site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d Be located on expansive soil, as defi ned in Table �r
18- 1 - of the Uniform urilding Code 1 994),
creating substantial risks to life or property?
-6-
Agenda Item 8.g.
fi Page ' 19
Potentially Less Than Less Than No
Significant Significant with Significant Impact
1 mpact M itigation I meat
Incorporation
e Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
VII. HAZARDS AND HAZARDOUS
MATERIALS B would the project:
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b Create a significant hazard to the public or the
enviroament through reasonably foreseeable upset
and accident conditions involving ft release of
hazardous materials into the environment?
c Emit hazardous emissions or handle hazardous ou r
acutel y hazardous materials substances or waste
within ore- quarter mile of an existing or proposed
school'?
d Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
p
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e For a project located within an airport land use
plan or, where such p lan has not been adopted
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
f For a project within the vicinity of a private
airstrip would the project result in a safe hazard
p p J t
for people residing or working in the project area?
g Impair implementation of or physically interfere
with an adopted emergency response tan or
g � p
emergency evacuation plan?
h Expose people or structures to a significant risk of
loss, injury or death involving wildland fires
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
III. HYDROLOGY AND WATER QUALITY 4-
Would the project;
__
{ Agenda Item 8.g.
`,`'. Page 20
Potentially Less Than Less Than N
Significant Significant with Significant impact
Impact M itigation Impact
Incorporation
Violate any water quality standards or waste
discharge requirements?
K
b Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level e.g., the production rate of re- existing nearby
wells would drop to a level
which would not support existing land uses or
planned uses for Which hermits have been granted)?
Impact Discussion; Cleath & Associates,
engineering geologists for the City of Arroyo
Grande, drilled artest hole on the subject site in
May 1998. in their report of finding, May 29,1998,
they estimated potential interferences of the
proposed well to five active wells located at
distances from 1,700 feet to 5,300 feet: NE Los
Robles del Isar 43 ft. maximum interference), S
Los Nobles del Mar (39 ft. maximum interference),
City of Arroyo Grande Oak Park 34 ft. maximum
interference), Shetler Construction (30 ft.
maximum interference) and Paseo Lawdera (16 ft.
maximum interfdrence .
A borehole was drilled for the new well in
Februar 2006 by Floyd V. Dells, Inc. The
deep aquifer zone was penetrated and pump
development concluded in January 2007 which
enabled well testing and its effects upon
neighboring wells.
Subsequent test results reported by Cleath
Associates in a September 3, 2008 report stated: a
the well test production rate was 50 to 75 gpr, b,
there was no interference with neighboring
shallow or deep- aquifer wells other than, c. Los
Robles Del filar Well #3 which dropped a total of
five feet. The report recommends installing a
65 gpm pump from a pumping water level of 300
feet.
On October 14, 2008, Cleath & Associates added
that City of Arroyo Grande Wei #10 `would not be
expected to significantly impact the future
operation of LRDM Well 3.
e Substantially alter the existing drainage pattern of
KA
__
Agenda Item 8.g.
Page 21
Potentially Less Than Less Than
No
Significant Significant with Significant
Impact
Impact Mitigation impact
Incorporation
the site or area, including through the alteration of
X
the course of a stream or river, in a marmer that
would result in substantial erosion or siltation on- or
off-site?
d Substantially alter the existing drainage pattern of
the site or area, including through the alteration of
the course of a stream o r river, or substantially
increase the rate or amount of surface runoff in. a
mariner that would result in flooding on- or off -site?
e Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff.
Otherwise substantially degrade water quality?
X
g Place housing within a 100-year flood hazard area
X
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
h Place within a 100 -year flood hazard area
X
structures that would impede or redirect flood.
flows'?
i Expose people or structures to a significant risk of
X
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
j Inundation by seiche, tsunami, or mudflow?
IX LAND USE AND PLANNING - Would the
project:
a Physically divide an established community?
b Conflict with any applicable land use plan, policy,
or regulation of an agency pith jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect'?
Impact Discussion:
The City of Arroyo Grande Community
Development Department allows development
and re u1res City Qou ndI land use review and
--
X
r .f_ Agenda Item 8.g.
;+
Page 22
.. g
Potentially Less Than
Significant SigRiftant with
Impact Mitigation
Incorporation
approvals.
Mitigation measures: The City Council shall
review the development proposal and applicable
land use plans to determine City policy and
regulation requirements for the proposed project
and the nature and extent of on -site storage, if
any.
c Conflict with any applicable habitat conservation
plan or natural community conservation plan?
X. MINERAL RESOURCES -- would the project:
a result in the loss of availability of a Down
mineral resource - that would be of value to the region
and the residents of the state'
b Result in the loss of availability of locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
X1. NOISE B would the project result in:
a Exposure of persons to or generation of noise
levels in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies`
b Exposure of persons to or generation of excessive
ground borne vibration or grol home noise
levels?
c A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project'?
Impact Discussion:
Them will be a temporary increase in noise
levels during the project's construction and '
development. Well operation could increase
noise levels.
Mitigation measures: The City shall implement
noise reduction measures to minimize noise
Impacts from stationary sources such as pumps
_1-
X
Less Than No
Significant Impact
Impact
X
X
X
X
X
Agenda Item 8.g.
Page 23
and temporary disturbances from construction
and post - development activities.
e For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project expose people residing or
working in the project area to excessive noise
levels?
# For a project within the vicinity of a private
airstrip, would the project expose people residing or
working in the project area to excessive noise
levels`?
XIf. POPULATION AND HOUSING -- would the
project
a Induce substantial population growth in an area,
either directly (for example, by proposing new
hones and businesses) or indirectly (for example,
through extension of roads or other infrastructure)`?
Impact Discussion: The long -term yield of the
proposed well is estimated at 65 gpm maximum
um
which would provide for approximately 200
residences if maximum production is maintained.
The additional yield and creation of a second or
support well in the oak Park area will improve fire
protection and suppression capabilities for the
area and assist current grater conservation
efforts of the City. The City 2005 Urban Dater
Management Plan identifies the grater from this
project for use by current City population.
b Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
0 Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere`?
X111. P U LI ' SERVICES
a would the project result in substantial adverse
Potentially Less Than
Less Than No
Significant Significant with
Significant Impact
Impact M itigation
Impact
Incorporation
X
X
X
-11-
Agenda Item 8.g.
Page 24
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant enviromnental impacts, in order to
mainta acceptable service ratios, response times or
other performance objectives for any o the public
services:
Fire protection?
Police protection`?
Schools?
Parks`?
Other public facilities`
XIV. RECREATION __
Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or b e
accelerated?
b) foes the project include recreational facilities or
require the construction or expansion of recreational
facilities that might have an adverse physical effect
o n the environment`
Xv. TRA SP RTATION/T AFFIC -- would the
proj ect:
a Cause an increase in traffic that is substantial in
relation to the existing tr load and capacity o
the sheet system i.e., result in a substantial increase
in either the number of vehicle trips, the volume t
capacity ratio on roads, or congestion at
intersections
Exceed, either individually or cumulatively, a.
level of service standard established by the county
congestion management agency for designated roads
o r highways'
c) Result in a change in air traffic patterns, including
Potentially Less Than Less Than
significant significant with Significant
Impact Mitigation Impact
Incorporation
-
N o
I mpa t
X
X
X
X
X
X
X
�:l
KA
Agenda Item 8.g.
Page .,�-.5
Potent Less Than Less Than
N o
Sig Sig nificant w significant
Impact
I m p act Mitig ation Impact
X
Incorporat
e ither an increase in traffic levels or a change i
X
location that results in substantial safety risks?
d Substantially increase hazards due to a design
X
feature .g., sharp curves or dangerous
intersections) or incompatible uses .g., fann
equipment)?
e Result in inadequate emergency access?
X
f Result in inadequate parking capacity?
g Conflict with adopted policies plans, or prograins
X
supporting alternative transportation .g., bus
turnouts, bicycle racks)?
X I. UTILITIES AND SERVICE SYSTEMS B
Would the project:
a Exceed wastewater treatment requirements of the
X
applicable Regional Water Quality Control Board?
b Require or result in the construction of new water
X
o r wastewater treatment faci or expansion of
e xisting facilities, the construction of which could
cause significant environmental effects'
c Require or result in the construction of new stornn
�
water drainage Facilities or expansion of existing
facilxtic , th construction o wh i ch cou cause
significant enviromnental effects?
Have sufficient water supplies available to serve
X
the project f rom e xisting entitlements and resources,
or are new or expan entit needed?
Result in a d temination by the wastewater
treatment provider wh ic h serves or ma serve the
project that it has adequate capaci to serve the
project's projecte d eman d in addition to the
provi existing c rn nitment ?
f Be serve by a landfill with sufficient permitted
X
capacity to accommodate the project's solid waste
disposa needs'
g C om ply with Federa state, an local statutes an
�
re gulations related to so waste?
-13-
Agenda Item 8.g.
h Page 26
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitt ation Impact
Incorporation
XVff. MANDATORY FINDINGS OF
SIGNIFICANCE __
a Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of -the major periods of
California history or prehistory?
b Does the project have impacts that are
individually liite, but cumulatively considerable`?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and the
effects of probable future projects`
c Does the project have environmental effects that
will cause substantial adverse effects on human
beings, either directly or indirectly?
X
KA
EkA
-14-
Agenda Item 8.g.
Page 27
l
En Geolo
H
(805) 543-141
1 390 OceaT re
San Luis Obispo
alftmia 93405
September 3, 2008
M r. J im aring
Garing Taylor & Associates
141 South Elm Street
Arroyo Grande, California 93420
SUBJECT: Pumping Test Report for the City of Arroyo Grande well 18, Deer Trail Circle,
Arroyo Grande, California
Dear Mr. Gar*ng:
Cleath & Associatcs has collected data for a 17-day constant rate discharge test and recovery test at the
City of Arroyo Grande Well 10, and measured water levels in six nearby wells for possible
interference. The purnp�.ng test was performed from July 25 t o August 11, 2008. well 10 was pumped
a t an average rate of 50 gallons per minute ( gpm) f or the first seven d ays of the test an the rate was
then 'increased to 75 gpm for the duration of the test. The pumping well and six observation well
locations are shown on Figure 1. Prior to the pumping test, Enloe Well Drilling installed a 6-5/8-inch
diameter steel liner from the surface to 558 feet depth. A well construction diagram is shown on
Figure 2
The static eater level was measured at 2.88 feet below the top of the well easing prior to the pumping
test. After 17 days, the pumping water level had dropped to 276.8 feet b the top of the well
casing. At 50 gpm, the rate of mater level decline was 2 2 feet per log cycle of tlrnc, and 45 Feet per log
cycle at 75 Spn. Following the pumping test, a seven -day recovery test was conducted. At the end o
the test, water levels had recovered to 17.4 feet below the top of the casing, or within 14.5 feet of the
static water level. The pumping test data and graphs are included in Appendix A.
Water level measurements in the six observation wells indicated that only the Los Robles Del Mar
Well #3 showed interference from pumping at well 10 water levels a t well #3 dropped a total of five
feet. No in was observed in the other three deep aquifer wells, and no interference was
observed in the shallow aquifer domestic wells. water levels and graphs are included in Appendix B
B ased on the pump test results, we recommend installing a pump capable o producing gprn
from a pumping water level of 308 feet The pump should be set o higher than 360 feet . 'ng.th
first year of production we recommend periodic water level monitoring to ensure that excessive water
level dr wdown sloes not occur. if you have any questions regarding this letter, please contact us.
Sincerely,
David R. Williams
Associate Geologist
Attachments
City of Arroyo Grande Well 10 pt 09!03!08
Agenda Item 8.g.
Page 28
1
} 4
v.
it
£• Domestic
We 113 4D
1Se k
it
Domestic 1
.
Los Robles
a ,
del Mar Wells
Base map: , .G.S. 7. minute topographic,
Arroyo Grande N.E. quadrangle, California 1993
Scale 1 inch = 1,000 feet Figure 1
Well Location Mai
Well 10 Pump Test
July 25 to August 11 , 20
City of Arroyo Grande
Cleath & Associates
Agenda Item 8.g.
Page 29
PVC end cep s
•
Fabricated well head seal
between stee c asin g s
ground surf
20 -inch diameter cap "� tee! conductor
casing, 5 116-inch call thickness set in
28 -inch diameter bore hole
60 f eet '...
Grout .7iQ
8 -inch diameter, 5116 -inch wall thickness
mild carbon steel blank well casi from
surface to 040 feet (including Me
18 inch F # reh le
connector
0 518-inch diameter, 1/4 --inch wall thickness
mi car bon steel blank casing finer from
Sand filter pack.
.
surface to 5 18 feet depth
�4 � Lapis Lustre #3 from ground
surface t0 558 feet dept
0 6/8 -inch diameter, 1/4 -inch gall thickness
mild carbon steel 0.040 -inch perforated
casing liner from 5 18 to 538 feet depth
..�
6 5/8 -inch diameter, 1J4 -inch wait thickness
l .t� � PP
bber K packer seal between -inch
mild, carbon steel blan' casing liner from
and 8-inch casi
538 to 658 feet depth
PVC, -inch diameter, DR 21 blank_
0 feet.
casing I jner from 560 to 020 feet depth
Heavy ro 1 /2 - in ch from 503 to 590
+. '
r 'x feet depth
8 -inch d iameter 304 stainless steel
114 -inch wall thickness blank casin 600 to
�}
820 feet de pth
Mechanical connector
020 feet
PVC, -inch diameter, SDR 21, 0.020 -inch sand filter pack:
slot screen liner from 02.0 to 780 feet depth Lapl.s Lustre 2 -�1 1 63) from g to
770 feet depth
8 -inch diameter 304 stainless steel screen sand filter pa #c:
r R C #2112 (12x20)
0,030 -inch aperture wire wrap) from 620 to
830 feet depth
PVC, 4 -inch diameter, SDR 21 blank Drawing net to scale
casing from 780 to 770 feet depth with
Figure 2
end cap
.ti
t
Construction D
8 -inch di ameter 304 stainless stee -inch City of Arroyo Grande Well # 10
wall thic blank casing 830 to 850 feet _
depth With Welded end c Arroyo Grande, California
850 feet `11 -'` � Cleath &Associates
Agenda Item 8.g.
Page 30
Appendix A
Pumping Test Data and Graphs
Agenda Item 8.g.
} =? { Page 31
Pumping Test Two Week) ) -1 11 #1
City of Arroyo Grande
July 25 to August 11, 2 0 08
Depth to Static Dater Level: 2,88 feet
Elapsed Tire,, minutes
I
1 10 100 1000 10000 10000
T
' 50 grr� F
{ I
160
----
I
r
I I
,
D
320 f
CL
CO
I�
I � �
I
Recovery Test - Well #10
City of Arroyo Grande
August 11 to 18, 2008
Depth to Static Water Legal: 2.88 feet
tit(0)
CL
F 0
W
1 10 100 1000 10000 100000
-., I L
120
I I
i j i I i
0 -- ----- - - - - --
124
280 I I I I
360 { C I
I
Pumping Test Two Week Airrovo Grande Well 910
Day
Tine
Elapsed Time
Depth to Water
Draw4own
Recorded PuTpIng Fate
Tema ratare
E
+4o. a /Yr
hr.min
minutes
feet
feet
gailons per minute
re et
(prnhoslcm)
7
10 -DO
4
2.88
0
Start
10-01
1
31.37
27.49
50
10.02
2
49.15
46.27
50
10:03
3
65.25
62.37
so
10:04
4
77.95
75.07
50
1 0:05
5
81.98
79.10
Sa
14:06
6
85.85
82.97
50
10:08
B
91-103
$8.15
50
10 :10
10
95.70
92.82
50
10:12
12
98.82
95.94
5
10:15
15
102.54
99.66
50
10:0
20
106.88
103.80
50
10:25
25
109.88
1 07.00
50
10:30
30
111.62
108.74
50
10 :40
40
114.72
111.84
50
10:50
50
117.22
114.34
50
11:00
60
119.05
116.17
50
11:15
75
121.40
118.52
50
11:30
90
123.18
1 20.30
50
11.45
105
124.66
121.78
50
12-00
120
125.92
123.04
48
12:30
150
127.98
1 25.10
50
13
180
1 29.39
126.81
50
1 4:00
240
131.65
128.77
50
15:00
300
133.27
130.39
50
16:00
360
138.27
136.39
so
17:00
420
1 39.64
1 36.75
5
18.00
480
140.78
137.38
so
19:04
540
141.73
138.85
50
7126108
0.00
840
145.33
142.45
5D
3:00
1 020
146.93
144.05
50
8:00
1200
148.26
145.38
50
7127108
8:00
2@+40
154.80
151.92
50
71281
6100
4A 0
158.42
155.54
50
7129108
6-C*
5520
160.89
158.01
50
7130M
6:00
6960
163.07
160.19
49.4
83.8
625
7131/08
6:00
8400
164.55
151.67
49.4
82.7
631
8! 1!08
6:00
9840
166.0
163.13
49.4
80
611
10:00
10080
188.3
163.44
49
10:01
10081
176.3
173.42
70
10:02
10062
1 85.4
182.5,2
75
10:03
1 0063
192.8
189.92
75
10 :04
10084
198.3
195.37
75
10:05
10085
202.7
199.77
75
10:06
10086
208.4
203.47
75
10:10
1 D090
215.7
212.82
74
10:12
10092
217.7
214.84
7
10 :15
10095
220.2
217.32
75
10:20
10100
223.2
220.32
75
10:.25
101D5
224.6
221.70
75
10 :30
10110
225.9
222.98
75
10:40
10120
227.6
224.75
75
10:50
10130
228.8
225,92
75
11:00
10140
229.9
226.97
74.9
85.3
631
$J2/08
6 :00
11260
253.5
250.59
74.0
82.8
609
8J"108
6100
12720
250,8
253.92
74.5
81.2
6€19
814108
6:00
14160
281.0
258.14
74.9
78.1
593
515108
6 :00
15500
264.7
261.77
74.8
76.7
559
CAB=
6000
17040
269.1
266.17
74.7
74.5
5
88108
8100
18480
271.3
268.37
74.4
72.8
553
818!08
8:00
19920
272.6
2W93
74.4
72.3
475
SAM
8:00
21360
274.0
271.09
74.3
70.8
488
811 8
6 :00
22800
278.5
272.57
73.9
73.9
455
8/11108
6. DO
24240
276.5
273.64
73.6
79.5
476
10:30
24510
275.8
273.92
73.8
Average since flow increase:
74.5 9P
Agenda Item 8.g.
Page 34
Recovery Test, A ffoyo Grande WeN #10
Da y
Time
De pth to Water
E Time
Recovery Tarns Ratan
o.+D / i J�/ r
y
� I�.�1 ii �
�y l � ap + sed
� 11A t
f
minute
!fdinute
Recover
}
8 /11/08
10.31
24511
246.0
1
24511.0
10 : 32 :
2451
219.1
1 2256.0
10.33
24513
190,
�}
3
8171.0
10
24514
/
1 79.0
4
6128.5
10 :35
24515
164.0
5
4003.0
10:35
24516
152.E
6
4086.0
10:38
24518
136.3
8
3064,8
10 :40
24820
124.2
10
2452.0
10:42
24522
115.5
12
2043.8
1 : 45
24525
106.5
15
1635.0
10:50
24530
96.7
20
1226.
10:55
24535
90.6
26
9814
11:00
240
86.5
30
818.0
1 1:10
24550
81.0
40
813.8
11:20
24560
77,1
50
491.2
11:30
24570
74.4
60
409.5
11:45
245815
71.1
75
32T8
12:00
246DO
68.6
90
273.3
12,15
24615
66.5
105
234.
12,30
24630
64.8
120
205.3
17:40
24940
49.3
430
5$.0
08112!08
7:30
25770
36.6
1260
20.5
17:35
26378
325
1886
14.
08113108
7.10
27190
26.8
2680
10.1
08114108
7:1
28630
24.6
4120
6.
0$14 5108
1 3:00
30420
21.8
5910
5.
0811 7108
15:15
33465
18.4
8955
3.7
08118108
13:10
34750
17.4
10240
14
Agenda Item 8.g.
-.Page 35.. . ,
Appendix B
Observation Wells
Water Levels and Graphs
Agenda Item 8.g.
Page. 36
C
0
�Pp
� tD
tD
W 00
150
140
130
120
M
CP
w
110
0
0
100
LU
0
0
Observation Well
City of Arroyo Grande Well 10 Pump Test
a
t
O ,
tin
4�
M I s
to
1 CU l
r
I cu I
C
# W 1
. I F
i
i
7
7/1010
7/1 7120108 71 7130/08 8/4/08 8/9/08 8/14/08
D ate
LRDM #1 .--a -- LRDM #2 LRDM #3 Dom 1 Dome
8/ 19/ 0-8
t�
c�
CL
0)
c�
w 0
00 tM
150
1
130
0
M
120
M,
w
110
Sha Ilow Aq u ifer 0 b er artion Weil
City of Arroyo Grande Well 10 Pump Test
1
8/7108 8/8/08 8!9/08 8110/08 8111108 811 8118!08 8/ 14/08 81 15108 8/16108 8/17108 8118f08 8119/08
Date
Domestic 1 —*—Domestic
Pumping Test 17 day) - Arroyo Grande Well # 1 0
Deer A oul"fer Ob servation Well
LRDM #1
LRDM #2
LRDM #3
A. G. #9
Lat: 35.13886 Lon: 120.60352'
Lat: 35.13930P Lon: 120.60293"
Lat: 35.14438" Lon: 120.60150"
Lat. 35.13785 Lon: 120,60423
P 1 20
RP = 140
RP = 160
RP = 125
TIMe
Date
Depth
to
W ater
ground
Water
Elevation
Time
Date
Depth
to
Water
Ground
Water
El evation
Tim
Date
Depth
to
Water
Ground
Water
Elevation
Time
Cate
Depth to
Water
Ground
Water
Elevation
8 :40
5/20/08 8 :40 AM
46.12
73.88
8:45
5120108 8 :45 AM
59.44
80.56
8 :55
5120108 8 :55 AM
12.89
147.11
8 :35
5120108 8:35 AM
97.34
27.66
13 :40
7110108 1 :4 PI +i
43,62
76.38
13.35
7110108 1:35 PM
56.3
83.70
14:00
7110108 2 :00 PM
13.14
146.86
8 :24
7110/08 8:24 AM
locked
5:40
7112108 5.40 ACM
44. 46
75.5
5.45
7112108 5,45 Alf
56.
83.04
5.30
711 2148 5, 30 AM
13. 21
146.79
5.10
7/1 5.10 AM
locked
5:35
7114108 5:35 AM
45.21
74.79
5 :30
7114108 5 :30 AM
57.72
82.28
5:25
7114108 5 :25 AM
13.19
146.81
5 :10
7114108 5 :10 AM
loc
5.55
7116108 5.55 AM
45.42
74.58
5.50
7116108 5 :50 AM
57,94
82.06
5.45
7/16/08 5.45 AM
13.24
146.76
5.30
7116108 5630 AM
98,12
26.88
:55
7123108 6 :55 AM
45.23
74.77
6 :50
7/23108 :50 AM
58.6
81.40
6 :40
7123108 6:40 AM
13.26
146.74
6 :3
7123108 :30 Alf
98.43
26.57
7.25
7125108 7.25 AM
46.29
73.71
7.20
7125108 7.20 AM
58.39
81.61
7.35
7/25108 7 :35 AM
13.26
146.74
7.1
7125/08 7.15 AM
loc
13.40
7125108 1.40 FM
46.42
73.58
13.
7125108 1 :45 PM
58.93
81.07
13.35
7125108 1.35 PM
13.25
146.75
13. 40
7125108 1.4 PM
93,40
31.
6.35
7/26108 6.35 AM
46.38
73.62
6.40
7126108 6 :40 AM
59, 00
81.00
6.20
7126108 6420 AM
13.
146.77
6.30
7126108 6.30 AM
96,92
28.08
6.35
7127108 6.35 AM
46.30
73.70
6.40
7/27/08 6.40 AM
59.02
80.98
6020
7/27108 6.20 AM
13.30
146.70
6.30
7127108 6 +30 AM
96.07
28.93
6. 35
7128108 6. AM
+46.44
73.56
6.40
7128/08 6:40 M
58.75
81.25
6 :20
7/28108 6.20
13.47
146.
6.30
7128108 6:30 AM
98.37
26.63
6.35
7129108 6.35 Ali
46.43
73.57
6.40
'7/29108 6.40 AM
59.24
80.76
6,20
7129108 6.20
13.71
14 6.29
6.30
71 6.30 Ali
96,86
28. 14
6.3
7130/08 6.35 AM
1.46.25
73.75
6.40
7130/08 6 :40 A
59.1
80.85
6 :20
71 6.20 AM
13.91
146.
x: 30
7/30108 6:30 AM
98.30
26.7
AM 7131108 6135 M
46.28
73.72
6.40
7131108 6,40 AM
58.92
81.
6 :20
7131108 6. AM
14.17
143.
6.30
713 1108 6.3 AM
98.36
26.
6:35
8/1108 6 :35 AM
46.36
73.64
6 :40
811108 6 :40 AM
58.79
81,21
6 :20
811108 6:20
14.39
145.61
6:30
8/1108 6 :30 AM
97.65
27.35
6. 35
81 108 6.35 AM
46.35
73.65
6.40
812108 6.40 A
58.96
8
6 : 20
812108 6020 AM
14.60
1
6430
812108 6.30 AM
97.65
27.35
6.35
81 6.35 AM
46.45
' 3,55
6.40
8 13108 6.40
59.00
81.00
6 :
8,13/08 6.20 A11
14.88
145.12
6.30
813108 6.30 AM
96.76
28.24
6.35
814108 6.35 AM
46.20
'73,80
6.40
814108 6.40
58.94
81.06
6.20
814108 6.20 AM
15.23
144.77
6.30
814108 6.30
89.68
35.32
6.35
815108 6.35 AM
46.06
' 3.94
6.40
815108 6 :40
58.93
81.07
6,20
815108 6,20 Ali
15.60
144.40
6.30
815108 6.30 AM
96,92
28.08
61.33
816108 6.
46.3
73,69
6. 40
816108 6,40 AM
58.79
81.21
6.20
8/6108 6 :20 A
1
144.03
6. 30
8/6108 6.30 AM
locked
6 :35
81'1108 6.35
46.42
73.
6.40
817108 6 :40 AM
5 8.93
81.07
6.20
8/7108 6.20
16.31
14
6.30
8/7108 6.30 A11
97,69
27.31
6:35
818108 6:35 AM
46.43
73.57
6 :40
818108 6 :40 AM
58.98
1 -0
6 :2
818108 6 :20 M
16.65
143.35
6:30
818108 6:30 AM
96.22
28.78
6:35
819108 6 :35 AM
46.33
73.67
6 :40
819108 6:40 AM
59.00
81,00
:2
819108 6 :20 A
17.02
142.98
6:30
1 6:30
819108 6 :30 AM
98.22
26.78
:3
8110!08 6 :3 5 AM
46,52
73.48
6 :4
8110/08 6 :40 AM
58.91
81.09
6 :20
8110108 6 :20 AM
1732
142.68
8/10108 6:30 AM
97.98
27.02
6:35
811 1108 635 AM
46,69
73.31
6 :40
8111108 6:40 AM
53.08
80,92
6 :20
8111108 6 :20 AM
17.62
142.3
L6-30
8111108 :30 Ali
97.22
27.78
c.Q
^ CL
i�
tD
�D
w (F
•
All depths are in feet.
13:3
18 : 0 -
7 .35
13,20
13.20
1:33 FM
8112108 6 .00 PM
8113/08 7:35 AM
8/15108 1.20 PM
8118108 1.30 PM
3Yi LU
59.02
59.02
59.28
59.54
IS U.9
80.98
80.98
80.72
80.46
1J
5/1 •! V 12J FM
17.7
14 iJ
17.50
81 11!08 5. 50 PM
17.73
142.27
7.22
8112/08 7.22 AIM
17.96
142.04
17.45
8112108 5.45 PM
18.06
141.94
7,20
811 3108 7.20 AM
18.18
141.82
7:20
8114/08 7 :20 AM
18.24
141
1 3.10
8115108 1.10 PM
18.24
141.76
1 5.
811 3.3 PM
1 8.02
141 -98
13:201
1 :20 PM
17.96
1 42.04
Pumping Test 17 day) - Arroyo Grande Well 040
Shallow Aquifer Observation Wells
Domestic 1
Domestic
L.at:
35.1442°
Low 120.5977
L t:
35.1447
Lon: 120.5994
P =
145
1 070 feet to We] 110
RP =
160
1260 feet to We] I 1
Depth
round Water
Depth to
Ground 1 aster
Time
Date
to
levat n
Time
Date
dater
Elevation
Water
S X08 11:42 AM
35.72
124.28
11:1
1 17:49
819/08 1 1:18 All
1 7.95
127.05
11:42
17:50
818108 5:50 PM
IT "
127.01
17:57
918108 5:57 P1
35.01
124.99
16:45
819108 4:45 PM
19.04
126.%
16:50
819108 4:50 PM
35.16
124.94
8 1 OID 5:49 PM
19.20
125.80
17.44
9/10/09 5.44 PM
35.58
124.42
7.16
8/11/09 7:16 AM
17.89
127.11
7.22
9111109 7.22 AM
34.7
125.13
1 3.05
87 11108 1.05 PM
1 7.94
127.06
17.30
9111108 5.30 PM
35.21
124.79
1 7.22
8 11 tOg 5.22 PM
17.91
127.09
7.05
8/ 13108 7.05 AM
36.00
124.
12:55
8115/08 12:55 PM
35.65
124.35
7:40
8112108 7:40 A l
4 ,s.s4
17.72
127.29
1 7.29
8/ 12108 5.29 PM
126,1
13:
8111D8 1.00 PI
35.01
1 24.99
6.55 8113108 6.55 AM 17.99 127.01
12.50 8115108 12:50 PM 1 8.14 126.86
12.55 $118108 12.55 PM 1 17.97 127.03
A] I depths are in feet.
Agenda Item 8.g.
-Page 40
A. INCORPORATE
J UL Y 1 0, 1191 , MEMORANDUM
I
IF
To: CITY COUNCIL
FROM: DOUG PERRIN, DIRECTOR of RECREATION AND MAINTENANCE
II CE
SERVICES �P,.
SUBJECT: CONSIDERATION of A SUBCO MMITTEE To REVIEW THE
CHILDREN IN MOTION PROGRAM
DINE, APRIL 13, 201
RECOMMENDATION:
It is recommended the City council 1 approve formation of a Children In Motion CIM
Subcommittee Subcommittee to develop and recommend methods to make the
Children In Motion Program financially self sufficient, 2 appoint City Council Members
Costello and Fellows to serve on the Subcommi tee; and authorize the City Manager
to complete the formation of the Subcommittee with one Parks and Recreation
Commissioner, up to sic City staff members, and at least five members at large.
FINANCIAL IMPACT:
There is no cost impact from this action. Ho wever, the Intent of the Subcommittee is to
make the CIIIII Program more financially self sufficient.
BACKGROUND
At its March 23, 2010 meeting, the city Council considered recommendations from staff
to balance the FY 2010-11 budget. One of the measures recommended to reduce the
budget shortfall was elimination of the Children In Motion Child Care Coordinator
position. After much testimony and discussion, the City Council elected to approve all of
staff's recommended measures with the exception of elimination of a Child Care
Coordinator position. There was also direction to form a Subcommittee to investigate
methods of increasing revenues and reducing expenditures to help the CIM program
become more self-sufficient. However, the item was not agendi ed so the City Council
could not authorize Its formation at that tune.
For twenty-two years the Recreation Division has offered the Children In Motion CIM
before and after school child care program. Children fine to thirteen years of age are
eligible to participate and approximately ately 270 are currently registered. Four program
sites are available, including Branch Elementary, Harloe Elementary, Ocean V
Elementary and the Elm Street Community Center.
During the school gear, care is available at the three elementary schools from 7:00 a.m.
until school starts and from the time school gets out until :oo p.m. The Elm street
Agenda Item 8.h.
Page 1
CITY COUNCIL
CONSIDERATION ATIOI of A SUBCOMMITTEE To REVIEW IE11 THE CHILDREN EN IN MOTION
PROGRAM
APRIL '1 , 2010
PAGE 2
Community Center is strictly a kindergartener site and is open from 11:30 a.m. until 6:00
p.m. One site is available for full day care during winter, spring and summer school
breaks.
Other than providing much needed before and after school child care, the CIM program
has additional benefits, including providing a peel of staff for seasonal playground
programs, providing substitute pre - school teachers, providing support staff for special
events and providing the opportunity to engage participating children and their families
in other City recreation activities.
In June, 2008, the City Council adopted a fee schedule for the CIM program that
instituted a monthly creek fee structure for the school year based upon the number
of days used per week. During the school year, participants pay in advance for two,
three, four or five day a week plans. During the winter, spring and summer school
breaks, full day care is available. Weekly rates are charged with half- day rates
available for summer school students.
The intent of the monthly fee schedule was to increase revenues and to enable more
efficient scheduling of part -time staff. Ho wever, due to the economic down turn and
reduced State support of the Equal Opportunity Commission, the program has
experienced declining enrollment and reduced revenues. As of the end of February,,
program expenditures were approximately % less than projected. However, revenues
were down approximately 11 %.
ANALYSIS of ISSUES:
The following issues exist that may be addressed by the Subcommittee:
Evaluation of the CIM Program;
Methods for increasing revenues;
Methods for redwing expenditures;
Possible fundraising opportunities;
Impacts of loss of the CIM program on existing programs and special events.
Since the Subcommittee is being established by the City Council, it will be subject to
Brown Act provisions. Meetings will be publicly noticed and open to the public.
Suggested Subcommittee members could include the following:
Two Council Members
City Manager
Director of Recreation and Maintenance Services
Director of Administrative Services
0 Recreation Supervisor
Child Care Coordinator
0 One pert -time child care staff person
Agenda Item 8.h.
Page 2
CITY COUNCIL
CONSIDERATION of A SUBCOMMITTEE To REVIEW THE CHILDREN IN MOTION
PROGRAM
APRIL 13, 2010
PAGE 3
0 One Parks and Recreation reaction Corr missioner
At least five Members-At-Large
Councilmen Fellows and Costello have both expressed interest in participating on the
Subcommittee. Community members Katherine Blum, Dawn Zavacky and Greg Vicker
have also volunteered to serve on the Subcommittee.
Mayor Pro -Tenn Guthrie also requested information regarding non - profit alternative
providers and Soto sports Complex subsidies, which will be prepared by staff.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve formation of the Subcommittee as recommended and authorize the.
appointment of its members;
bers;
- Ap pro ne formation of the Subcommittee, but modify the recommended
membership;
Do not approve formation of the Subcommittee and instead schedule a joint
meeting of the City Council, Parks and Recreation reation Commission and staff; or
Provide staff direction.
ADVANTAGES:
The purpose of the Subcommittee will be to assist with finding ways to make the
Children In Motion Program more financially self sufficient, while maintaining existing
staff .
DISADVANTAGES:
The disadvantage of the Subcommittee would be the delay in addressing the existing
deficit if solutions are not agreed upon.
ENVIRONMENTAL REVIEW:
II:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Tuesday, April 6, 2010 and on the City's
web site on Wednesday, April 7, 2010. No public comments were received.
Agenda Item 8.h.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.h.
Page 4
INCORPORATE
M
jKX jULY 10, 1911,/
TO: CITY COUNCIL
MEM
FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE
SERVICES .�.
SUBJECT: CONSIDERATION ERATIOI OF AN AGREEMENT FOR CONTRACTOR
SERVICES WITH LEE WILS ELECTRIC FOR TRAFFIC SIGNAL
MAINTENANCE
DATE: APRIL 13, 2010
RECOMMENDATION:
It is recommended that the council approve the attached Agreement for contractor
Services with Lee Wilson Electric for traffic signal maintenance.
FUNDING:
$45,200 has been allocated in the FY 2009 -10 and FY 2010-11 biennial budgets for
contractual services (010-4304-5303). The account is used for upgrading signal
controls,, installation of new street name signs, installation of new op corns, and monthly
maintenance of the City's traffic signals. The remaining balance at the end of February,
2010 was $26,000. The estimated cost to perform the remainder of the signal
maintenance for FY 201 -11 is $12,500.
BACKGROUN
The City contracts for services to maintain fourteen (1 4) existing traffic signals. The
previous contract was for twelve 12 signals. However, with the Caltrans relinquishment
of a section of Branch street the City assured maintenance of the two signals located
at East Branch and Mason and at Vilest Branch and Traffic Way. Lee Wilson Electric
has been performing this service for the last nineteen years. The current agreement
with Lee Wilson Electric was a five -year agreement that expires on April 39 2010.
Signal maintenance includes routine inspection of the equipment including the signal
heads, lamps, inductor loops, pedestr*an push buttons and cleaning of the signal control
cabinet. All intersections are listed in Exhibit "A" of the attached Agreement for
Contractor services. The present cost each month for maintenance is approximatel
$15o per intersection. The new Agreement provides for a decrease of $30 per
intersection and reflects an increase in labor and equipment for the work listed in E
"A99
■
Agenda Item 8.i.
Page 1
CITY COUNCIL
CONSIDERATION of CONTRACTOR SERVICE AGREEMENT WITH LEE WILSON
ELECTRIC FOR MAINTENANCE of TRAFFIC SIGNALS
APRIL 13, 2010
PAGE 2
Staff recommends that a new two -year agreement with Lee Wilson Electric be approved
based on their knowledge and experience with the City's traffic signal system, past
performance and timely emergency response. The agreement also provides for the
option of three one year extensions.
ANALYSIS of ISSUES:
On Wednesday (larch 10, 2010 staff sent RFP's to Lee Wilson Electric, Woeste Electric
and Republic Electric. Lee Wilson Electric is the only company that submitted a
proposal. staff recommends that a new two -year agreement with Lee (Nilson Electric be
approved based on their price, knowledge and experience with the City's traffic signet
system, past performance and timely emergency response.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
9 Approve the attached contractor service agreement;
0 Modify as appropriate and approve the service agreement;
Do not approve the agreement and direct staff to prepare a request for
qualification for distribution to selected contractors;
Provide direction to staff
ADVANTAGES:
Approval of the contractor service agreement will allow for uninterrupted maintenance of
the City's fourteen 1 traffic signals.
DISADVANTAGES:
Approval of the agreement will deplete the traffic signal maintenance, contractual
services account by approximately $12,500.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC (NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Tuesday, April 6, 2010 and on the City's
website on Wednesday, April 7, 2010. No public comments were received,
Attachment: Agreement for Contractor Services
Agenda Item 8.i.
Page 2
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of May 1, 2010, between Lee Wilson
Electric Comp "Contractors), and the CITY of ARROYO GRANGE, a Municipal
Corp oration ("City"). In consideration , of the mutual covenants and conditions set forth
herein, the parties agree as follows:
. TERM
This Agreement shall commence on May 1, 2010 and shall remain and continue
in effect until April 30, 2012, unless sooner terminated pursuant to the provisions of this
Agreement. This agreement also allows the option of one year extensions.
2. SERVICES
Contractor shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit "A ", attached hereto and incorporated herein by this
reference.
3. PERFO
Contractor shall at all times faithfully, competently and to the best of his /her
ability, experience and talent, perform all tasks described herein. Contractor shall
t
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's Director of Recreation and Maintenance Services shall represent City in all
ratters pertaining to the administration of this Agreement. Lee Wilson shall represent
Contractor in all matters pertaining to the administration of this Agreement.
5. PAYME
The City agrees to pay the Contractor in accordance with the payment rates and
terms set forth in the Contractor's Proposal, Ehibit "13", attached hereto and
incorporated herein by this reference.
6. SUSPENSION OR TERMINATION of AGREEMENT WITHOUT CAUSE
( a) The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, b y serving upon the Contractor at
least ten 10 days prior written notice. Upon receipt of said notice, the contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
Page 1
Agenda Item 8.i.
Page 3
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
(b) in the event this Agreement is terminated pursuant to this Section, the city
shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the city. Upon termination
of the Agreement pursuant to this Section, the contractor will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE EI CE of STATED EVENTS
TS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
(a) Bankruptcy or insolvency of any party;
( b) Sale of Contractor's business; or
( c) Assignment of this Agreement by Contractor without the consent of City.
(d) End of the Agreement terra specified in Section 1.
8. DEFAULT of CONTRACTO
(a) The Contractor's failure to comply -with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder -arises out of causes
beyond the Contractor's control, and without fault or negligence of the contractor, it
shall not be considered a default.
(b) If the City Manager or his /her delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he /she
shall cause to be served upon the Contractor a written notice of the default. The
Contractor shall have ten (1 0) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the contractor
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
g. LAWS TO BE OBSERVED Contrarctor shall:
( Procure all permits and licenses, pay all changes and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to b performed by Contractor under this Agreement;
Page 2
Agenda Item 8.i.
Page 4
(b) Deep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Contractor's
performance under this Agreement, or the conduct of the services under this
Agreement;
( c) At all tires observe and comply Frith, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the city's contract Manager in writing any
discrepancy or inconsistency it discovers in said lavers, ordinances, regulations, orders,
and decrees mentioned above in relation to any plans, drawings, specifications, or
provisions of this Agreement.
( e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the contractor to comply with this Section.
10. OWNERSHIP of DOCUMENTS
( a) contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Contractor shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Contractor
shall provide free access to the representatives of city or its designees at reasonable
times to such books and records; shall give city the right to examine and audit said
books and records; shall permit City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three 3 years after receipt of final payment.
( b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City,
at the Contractor's office and upon reasonable written request by the city, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
Page 3
Agenda Item 8.i.
Page 5
11. INDEMNIFICATION
( a) Indemnification for Professional Liabilily. When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by
law, contractor shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents "Indemnified Parties" from and against any and
all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Contractor, its officers, agents, employees or subcontractors or any
entity or individual that Contractor shall bear the legal liability thereof) in the
performance of professional services under this agreement.
( b ) Indemnification for Other Than Professional Liabili Other than in the
performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any find, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense coats, and expert witness fees,
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Contractor or by any individual
or entity for which Contractor is legally liable, including but not limited to officers, agents,
employees or subcontractors of Contractor.
( c) General Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and every subcontractor or any other person or entity involved by, for, with or
on behalf of Contractor in the performance of this agreement. In the event Contractor
fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of
Contractor and shah survive the termination of this agreement or this section.
12. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit 'B" attached hereto and
incorporated herein as though set forth in full.
13. INDEPENDENT T c 1TRAC
( a) Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Page
Agenda Item 8.i.
Page 6
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. contractor shall not incur or have the poorer to incur
any d ebt, obligation, or liability whatever against City, or bind City in any manner.
( b) No em ployee benefits shall be available to Contractor in connection with
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande In
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Contractor, or from any officer, employee or agent of Contractor, in
connection with the award of this Agreement or any work to b conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15. NO BENEFIT TO ARISE To LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the project
during his /her tenure or for one year thereafter, shall have any interest, direct or indirect,
In any agreement or sub- agreement, or the proceeds thereof, for work to be performed
in connection with the project performed under this Agreement.
16. RELEASE of INFORMATIONICONFLICTS of INTEREST
EST
( a) All information gained by Contractor in performance of this Agreement shall
be considered confidential and shall not be released by contractor without City's prior
written authorization. Contractor, Its officers, employees, agents, or subcontractors,
shall not without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work
performed under this Agreement or relating to any project or property located within the
City. Response to a subpoena or court order shall not be considered "voluntary"
provided Contractor gives City notice of such court order or subpoena.
Page 5
Agenda Item 8.i.
Page 7
( b) contractor shall promptly notify city should Contractor, its officers,
employees, agents, or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the city. City retains the right, but has no
obligation, to represent Contractor and be present at any deposition, hearing, or
similar proceeding. Contractor agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Contractor.
Ho wever, city's right to revie w any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
17. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by i personal service, ( ii)
delivery by a reputable document delivery service, such as but not limited to, Federal
Express, which provides a receipt shoring date and time of delivery, or (iii) mailing in
the United states Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any other address as that
party may later designate by notice:
To city: City of Arroyo Grande
Doug Perrin
214 E. Branch Street
Arroyo Grande, CA 93420
To contractor: Lee Wilson Electric Company, Inc.
Lee Wilson
P.O. Box 20
Arroyo Grande, CA 93421
18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING LAW
The city and contractor understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall tale place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
Page
Agenda Item 8.i.
Page 8
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, or written, are merged
into this Agreement and shall be of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. TIME
City and Contractor agree that time is of the essence in this Agreement.
22. CONTENTS OF F_ E UEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of the City's Request for Proposal, Exhibit
"C", attached hereto and incorporated herein by this reference, and the contents of the
proposal submitted by the Contractor, Exhibit " ", attached hereto and incorporated
herein by this reference. In the event of conflict, the requirements of City's Request for
Proposals and this Agreement shall take precedence over those contained in the
Consultant's proposals.
23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel revie w
this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
24. AMENDMENTS
Amendments to this Agreement shall be in writin g and shall be made only with
the mutual written consent of all of the parties to this Agreement.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor
warrants and represents that he /she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind contractor to the performance of
its obligations hereunder.
Page
Agenda Item 8.i.
Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
Attest:
Kelly Wetmore, City Clerk
Approved As TO Ferrer
Timothy J. Carmel, City Attorney
Page 8
Tony Ferrara, Mayor
Its:
(Title)
Agenda Item 8.i.
Page 10
EHIRIT
SCOPE of WOR
The Contractor shall perform routine inspection of equipment and operation of traffic
signals at intersections listed below on a monthly basis, including 1 inspect, clean and
vacuum cabinets; 2 clean and vacuum filters and replace as necessary; 3 inspect all
lamps and replace as necessary; 4 inspect all heads, back plates and visors; b inspect
all traffic loops; check operation of all pedestrian push buttons; check batteries and
cabinets; and complete log entry in controller log.
LIST OF INTERSECTIONS:
SECTIONS:
1} EAST GRAND AVENUE &ELM STREET
2} EAST GRAND AVENUE & HALCYON ROAD
3) HALCYON ROAD & FAIR OAKS AVENUE
4) EAST GRAND AVENUE & COURTLAND STREET
5) EAST GRAND AVENUE PED CROSSING
6) OAK PARK &JAMES WAY (Arroyo Grande pays 50 %; Pismo Beach pays
50 %)
7} OAK PARK & EL CAMINO REAL (Arroyo Grande pays 50 %; Grover Beach
pays 50 %)
8) OAK PARK &WEST BRANCH (Arroyo Grande pays 62.5 %; Pismo Beach
pays 37.5 %)
9) WEST BRANCH &RANCHO PARKWAY
10) EL CAMlNO REAL & BRISCO ROAD
11) WEST BRANCH &TOWN CENTER DRIVE
12} FAIR OAKS &VALLEY ROAD
13) MASON STREET &EAST BRANCH
14) TRAFFIC WAY & WEST BRANCH
Contractor agrees to maintain a 24 -hour per day emergency service for the
replacement of Burned out lamps or controller malfunctions. The replacement of
burned out lamps need not be on an emergency basis provided there are at least
two indications still operative for each direction of travel. In such cases replacement
shall be handled as soon as possible in a routine manner. Payment shall be on a
time and material bans per E hibit " „
CITY of ARROYO GRANDE — LIST of EMERGENCY PERSONNEL
1) Chad Steil
2} Lee (Bud) Wilson
Horne: 805-489-5 912
Cell: 805-459-5817
Home: 805-461-3233
Cell: 805 -459 -5807
Page g
Agenda Item 8.i.
Page 11
: VA MEIl as] Ir
INSURANCE RE UIREMEI TS
Prior to the beginning of and throughout the duration of the Work Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage re o comply with these requirements. if that existing coverage
does not meet the requirements set forth here, Contractor agrees to amend,
supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance ov erage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds eds availa le to City in excess of the
limits and coverage required in this agreement and which is applicable le o a given loss,
will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance services Office "Commercial
General Liability" policy from CG o -1 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$2,000,000 per occurrence.
g
Business
Auto Cover on ISO Business Auto Coverage from CA 00 01 including
s (Any Auto) or the enact equivalent. Limits are subject to review, but in no
event to be less than $1 t 000,000 per accident, if Contractor vans no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. if Contractor or Contractor's employees will use personal autos
in any way on this project Contractor shall provide evidence of personal auto liability
coverage for each such person.
Workers ers Compensation on a state - approved policy form providing statutory benefits as
required by laver with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
dro p d own provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but cornered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
Page 'fig
Agenda Item 8.i.
Page 12
insured against another. Coverage shall be applicable to City for injury to employees of
Contractor, subcontractors or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to revie w but in no event less than $1 000,000 per
occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Contractor and "'Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1 000,000 per claim and in the aggregate. The policy must "pay
on behalf of } the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurer that are
admitted carriers in the state California and with are A.M. Bests rating of A- or better and
minimum financial size VII.
General conditions pertaining to provision of Insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
I . Contractor agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contractor also agrees to require all Contractors, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Contractor, or Contractor's employee or agents, from waiving the right of
subrogation prior to a loss. Contractor agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writin
5. No liability policy shall contain any provision or definition that would serve
to eliminate s o-called "third party action over' claims, including any exclusion for bodily
injury to an employee of the insured or of any Contractor or subcontractor.
Page 11
Agenda Item 8.i.
Page 13
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contractor shall net make
any reductions in scope of coverage e.g. elimination of contractual liability or reduction
of discovery period) that may affect City Is protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contractor or deducted from sums due Contractor, at City option.
8. Certificates are to reflect than the insurer will provide 30 days notice to
City of any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" as opposed to being required) to comply with the requirements. of the
certificate.
g. It is acknowledged ledged by the parties of this agreement that all insurance
coverage required to be provided by Contractor or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Contractor agrees not to self - insure or to use any self- insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of w ork on the project contemplated by
this agreement to self- insure its obligations to City. If Contractor's existing coverage
includes a deductible or self - Insured retention, the deductible or self- Insured retention
must be declared to the City. At the time the City shall revie w options with the
Contractor, which may include reduction or elimination of the deductible or self - insured
retention, substitution of other coverage, or other solutions.
Page 12
Agenda Item 8.i.
PageJ4
12. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Contractor ninety
( 90) days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contractor of non - compliance with any insurance requirements
in no way imposes any additional obligations on City nor does it waive any rights
hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as city, or its
employees or agents face an e from operations of any type pursuant to this
agreement. This obligation applies whether or net the agreement is canceled or
terminated for any reason. Termination of this obligation is net effectW until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been reneged or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A - coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate o insurance
and/or additional insured endorsement as required in these specifications applicable to
the reneging or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Contractor under this agreement. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
1. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any panty or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
Page 13
Agenda Item 8.i.
Page 15
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section o provision conflicts
with or impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by
any party involved in any gray with the project reserves the right to charge City o
Contractor for the cost of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
b no recourse against City for payment of premiums o other amounts with respect
thereto.
22. Contractor agrees to provide immediate notice to City of any claim o loss
against Contractor arming out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Page 14
Agenda Item 8.i.
Page 16
EXHIBIT C
CITY'S REQUEST UEST F F PROPOSAL
Page 1
Agenda Item 8.i.
Page 17
EXHIBIT c
REQUEST FOR PROPOSAL
TRAFFIC SIGNAL MAINTENANCE
I. INTRODUCTION
CTION
The City of Arroyo Grande wishes to contract with a qualified firm to perform traffic
signal maintenance at specified intersections within the City of Arroyo Grande. The
intended duration of the contract is May 1, 2010 through April 30, 2012, with the option
of three, one year extensions.
O Friday, March 19, 2010, Streets Supervisor Randy Robinson will conduct a
pre -bid tour for bidding contractors of the listed intersections. The tour will begin
at the City Corporation Yard, 1375 Ash Street. Please arrive by 9:00 a.m.
Questions concerning bid proposals are to be directed to Doug Perrin, Director of
Recreation and Maintenance Services, at 473 -5474, or Randy Robinson, streets
Supervisor, at 473 -5466.
REQUIREMENTS:
1. Shover evidence of liability and Workers' Compensation Insurance;
( Refer to enclosed sample copy of the Agreement for Contractor
Services for amounts and further requirements.)
2. Obtain a City business license;
3. Provide a breakdown n of costs based on materials, labor and
equipment , potential monthly fees and other fees for each identified
site;
4 Contractor is responsible for providing all equipment, supplies and
materials;
5. Contractual employees are subject to a police back check.
BID PROPOSAL MUST INCLUDE:
1. Name, address and phone number;
2. Three references of current or previous clients;
3. Authorized signature.
11. SCOPE of SERVICES
A. Des c ri p#i n
The Contractor shall perform routine inspection of equipment and operation of
traffic signals at intersections listed below on a monthly basis, including 1
inspect, dean and vacuum cabinets; 2 clean and vacuum filters and replace as
necessary; 3 inspect all lamps and replace as necessary; inspect all heads,
back plates and visors, inspect all traffic loops; check operation of all
pedestrian push buttons; check batteries and cabinets; and complete log
entry in controller log.
Request for Proposal — Traffic Signal Maintenance March 2,, 2070
Agenda Item 8.i.
Page 18
LIST OF INTERSECTIONS:
1} EAST GRAND AVENUE &ELM STREET
2) EAST GRAND AVENUE &HALCYON ROAD
3) HALCYON ROAD & FAIR OAKS AVENUE
4) EAST GRAND AVENUE & C4URTLAND STREET
5) EAST GRAND AVENUE PED CROSSING
6) OAK PARK &JAMES WAY (Arroyo Grande pays 50 %; Pismo Beach pays
50 %)
7} OAK PARK & EL CAMlNO REAL (Arroyo Grande pays 50 %; Grover
Beach pays 50 %)
8) OAK PARK &WEST BRANCH (Arroyo Grande pays 62.5 %; Pismo Beach
pays 37.5 %)
9) WEST BRANCH &RANCHO PARKWAY
10) EL CAMINO REAL & BRISCO ROAD
11) WEST BRANCH & TOWN CENTER DRIVE
12) FAIR OAKS &VALLEY ROAD
13) MASON STREET &EAST BRANCH
14) TRAFFIC WAY &WEST BRANCH
D. Specific city Information:
Incorporated: July 11, 1 91'1
Total Area: 5.45 square miles
Population: 16,426 (2000 census)
Elevation: 1 '1 feet
C. contractor
Contractor agrees to maintain a 2 -hour per day emergency service for
the replacement of burned out lamps or controller malfunctions. The
replacement of burned out lamps need not be on an emergency basis
provided there are at least two indications still operative for each direction
of travel. In such cases replacement shall be handled within two hours.
SCHEDULE of EVENTS
The following are the anticipated schedule of events for this project:
0 Issue k FP. a..■....■..■..■....■.■■■.■.....■ a...... ..... ■...... ■ . ■... ■..........■ ■March 10, 2616
Proposals due to the City by .og p.m ..................... ■...................11 arch 26, 2010
Consultant Selection ..................................... ............................... March 30, 2616
0 Finalize Contract Negotiations .......................... ............................... April 2, 2616
• City Council Awards Contract ......................... ............................... April 13, 2010
0 Contract Begins ■.....■..■■■......■■.■..........■■■ .............■ ■........■......s.............. May 1, 2010
Request for Proposal - Traffic Signal Maintenance March 2., 2010
Agenda Item 8.i.
Page 19
IV, PROPOSAL F E UI EMEr TS AND PROCESS
A. FORM AND CONTENT OF PROPOSAL
The Proposal shall be limited to 10 pages, with the exception of resumes, and
include as a minimum the follo wing:
1. Personnel
• Identify and define the experience of the Contract Manager and
provide their individual resume. The designated contract Manager
shall be' the primary contact with the City during the contract period
and shall function in that capacity while employed b y the firm.
• Identify the individual(s) responsible for each service, and provide their
individual resume(s).
2. References
Provide three municipal references for projects of similar scope and
nature performed within the last five years.
• List the client's name, address, and a description of the tasks
performed. Include the name and telephone number of the client's key
contact on the project.
3. Cost Summary
Identify the proposed basis for fees and charges. as appropriate with
hourly rates of staff that could be assigned. The actual fee may be
negotiated after selection of the successful applicant.
4. Signature
The proposal shall be signed by an official authorized to bind the firm
and shall contain a statement to the effect that the proposal is valid for
ninety 90 days.
Submittal Requirements
Three copies of the complete proposal shall be submitted in a sealed
envelope with the firm's name printed on the outside along with the words
"Proposal for Traffic Signal rlaintenance" Hand deliver or mail the
p ro p 1
p to ensure recei n r before :00 P , Friday, Marc 26
20'10 to:
City of Arroyo Grande
Administrative Services Department
214 East Branch Street
P.O. Box 550
Arroyo Grand CA 93421
Attention: Melly Wetmore, City Clerk
Request for Proposal - Traffic Signal Maintenance March Z 2070
Agenda Item 8.i.
Page 20
B. REQUESTS UESTS Fo INFORMATION
The selected consultant shall formally submit clarifications or requests for
additional documentation to City staff for review. The City shall reply verbally or
with a written response to the contractor within five (5) working days.
All inquiries to this F FP shall be submifted to:
City o Arroyo Grande
Recreation and Maintenance a Services
P.O. Box 550
Arroyo Grande, CA 9342
Attention: Fundy Robinson, Streets Supervisor
Telephone: (805) 473 -5488
Fax: (805) 473 -5482
E -Mail: rrobinson arro rande.or
C, SELECTION PROCESS AND EVALUATION CRITERIA
Each proposal will be reviewed by a Selection Committee to determine if the
minimum proposal requirements outlined herein are met. The City of Arroyo
Grande may reject any proposal that fails to meet the requirements set forth in
this F FP. Proposals meeting the F FP requirements will be evaluated and ranked
the Selection Committee as follows:
Understanding of the work to be performed,
0 Experience with similar assignments,
Ability to complete the assignment in a timely manner.
Request for Proposal - Traffic S ignat Main ten an c a March Z 2010
Agenda Item 8.i.
Page 21
EXHIBIT
CONTRACTOR'S PROPOSAL
Page 1
Agenda Item 8..i.
Page 22
LEE
""'WILSON
ELECTRIC 1
ESTABLISHED 1929
EXHIBIT D
P.O. BOX 250 • ARROYO 1 AND , CALIFORNIA 93421 -0250
1 151 EL CAMINO REAL • PHONE (805) 489-4216 • FAX (805) 489 -0248
City of Arroyo Grande
Department of Recreation and Maintenance Services
March 2010
PROPOSAL FOR TRAFFIC SIGNAL MAINTENANCE
1. Personnel
Contract Manager: Lee Wilson
O of Lee Wilson Electric Company, Inc.
20 years experience of installing, modifying and maintaining traffic signals
in the city of Arroyo Grande as well as numerous locations throughout the
state of California.
Signal Maintenance:
Chad Steil 12 Year certified Electrician Level 2 IMSA Certified
Lee Wilson Level 2 IMSA Certified
2. References
City of Grover Beach
154 S. 8 St.
Grover Beach, CA 93433
Signal Maintenance and Traffic Signal Installation
Key Contact: Mince Ford 473 -4529
City of Atascadero
6905 El Canino Real Suite
Atascadero, CA 93422
Signal Maintenance and Traffic Signal Installation
Key Contact: J Cam ana 470 -3144
City of Lompoc
Finance Dept.
Lompoc, CA 93438
Signal Maintenance and Traffic Signal Installation
Key contact: Forrest 315-7115
A CALIFORNIA CORPORATION * STATE LICENSE #851738
Agenda Item 8.i.
Page 23
3. cost summary
Monthly Maintenance - $120 per intersection
This includes Section II Scope of Services A and C as well as testing of all
conflict monitors with our own conflict monitor tester.
Labor, Material and Equipment rates are determined by CalTrans Force
Account rates in effect on the day a repair is made.
The current per hour rates are: Electrician: $77.05
Service Truck: $23.44
Bucket Truck: $63.94
Line Truck: $48.02
Material is cost plus 15%
Lee Wilson Electric Company, Inc. is a full service signal maintenance and construction
company located in the city of Arroyo Grande. At our facility, we have a fully stocked
warehouse of signal heads, controllers, cabinets, conflict monitors and all parts needed
to troubleshoot the 332 cabinet used by the City of Arroyo Grande. We also have a
conflict monitor tester at our facility for bi- annual analysis and any troubleshooting.
We have two local fully certified signal technicians along with two certified electricians
who are available 24 for any emergency. Because our facility is located In the city, we
are able to keep our response time for any given call for service to 2 hours or less,
We have maintenance contracts with other cities in the area, including our longstanding
agreement with the City of Arroyo Grande which gives us a complete understanding of
the work to be performed.
This Proposal is good for 90 days.
Lee Wilson Electric Company, Inc.
By:
Lee Wilson, President
Agenda Item 8.i.
Page 24
IN P A TE
Jay 1 0, loll MEMORANDUM
Nlrovt
To: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER`
SUBJECT: CONSIDERATION of CRITICAL NEEDS ACTION PLAN PROCESS
BATE: APRIL 13, 201
RECOMMENDATION:
It is recommended the City Council a p prove the proposed Critical Needs Action Plan
process.
FINANCIAL IMPACT:
It is proposed to implement the process and prepare the plan with in -house staff. It is
estimated that there will be costs of approximately ately 1 000 for promotion, printing and
materials, which will not require an additional appropriation. There will be costs
associated with the each of the priorities established in the plan.
BACKGROUND:
At the March h g, 2010, staff presented recommendations to the City Council for what is
recommended to be called a Critical feeds Action Plan. However, due to concerns
regarding the limitation on staff resources, staff proposed to delay consideration of the
planning process, but recommended adopting the priorities proposed in the plan. The
priorities were adopted by the City Council, which include the following
0 Existing Service Levels
0 Operational Efficiency Efforts
Economic Development
Street and Sidewalk Improvements
Bris o Road — Halcyon load/ Highway 101 Interchange Project
Police Building Project
• eater Supply Measures
Staff is now recommending mending proceeding with the planning process. However,
modifications to the schedule and process are recommended in order to better manage
staffs ability to implement it with existing resources.
Agenda Item 8.j.
Page 1
CITY COUNCIL
CONSIDERATION of CRITICAL NEEDS ACTION PLAN PROCESS
APRIL '1 , 2 1
PAGE 2
ANALYSIS of ISSUES:
This is a particularly challenging time for the City. F evenues have dropped dramatically
over the past two years and negative trends continue. Meanwhile, there is growing
skepticism from the public regarding government efforts and spending. While it is
largely in response to Federal and State failures to plan and spend responsibly, it also
impacts the City's efforts.
At the same time, the City is facing a number of critical needs important to the
community and upcoming opportunities to address therm. Many of these efforts require
public input in order to develop recommended strategies. Therefore, staff recommends
these efforts be integrated into a comprehensive planning process.
The objectives of the plan include the following:
0 To prioritize top major City needs in order to most effectively target limited City
financial and staff resources;
0 To determine how to maintain funding for critical needs in the community;
To educate and demonstrate to the public that efforts are part of a focused and
comprehensive plan that will address only needs of major importance to the
community and to dedicate financial resources in a responsible manner;
To obtain public input, consensus and support for major efforts;
To develop City Council approval of a plan that can be used to further educate the
public on upcoming activities;
To establish clear Citywide priorities that can be communicated to the organization
in order to dedicate staff resources in a unified and efficient manner.
Staff will continue to be engaged with other ongoing efforts, but they will be achieved
only as staffing and funding are available. In other words, there are other important
projects staff will be working on, but staff and funding will be dedicated to those efforts
based upon availability above what is required to achieve the major priority activities.
Priority items may be modified after feedback is received from the public. Some of the
important ongoing activities involving City facility upgrades, reorganization, and Fire and
Dispatch consolidation will all be included under operational efficiency efforts.,
series of workshops were originally proposed to take place in April and ilay. It is now
recommended the City Manager present the priorities and status to service clubs over
the nett three month period, which has already commenced. It is then proposed to
schedule two public workshops in late May and early June. Staff believes the process
is more feasible by reducing the number of workshops, delaying the schedule, and
modifying the format so the majority of the program will be educational with
opportunities for feedback on key items involving alternatives. This will reduce the staff
time involved in preparation. The objective of the original time frame was designed to
solicit input regarding grater measures in order to potentially place a measure on the
November 2010 ballot to approve acquiring an allocation of state water. Staff has
Agenda Item 8.j.
Page 2
CITY COUNCIL
CONSIDERATION of CRITICAL NEEDS ACTION PLAN PROCESS
APRIL 13, 2010
PAGE 3
determined that would not be feasible or necessary and instead recommends targeting
the .dune 2012 election.
Announcements will be sent to all households, publicized to all important stakeholder
community groups, and promoted through the newspapers, web site, and ether means.
Following the public workshops, a survey and/or educational brochure will be distributed
to the community, along with a program on the City's cable channel.
ALTERNATIVES:
ES:
The following alternatives are provided for the Council's consideration:
Approvq the proposed planning process;
Modify and approve the planning process;
Provide staff other direction.
ADVANTAGES:
If addressed individually, the public will be concerned with the impacts on ether services
and projects, as well as the overall fiscal health of the City. This process will enable
them to see how City efforts fit together in addressing financial organizational and
community needs. It will enable staff to more efficiently utilize limited time to provide the
public outreach necessary. Lastly, it will help better achieve attendance at meetings
since less people are likely to attend multiple meetings on individual topics.
DISADVANTAGES:
The proposed planning process will still involve dedication of limited staff time.
ENVIRONMENTAL REVIEW:
IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The g enda was posted in front of City Hall on Tuesday, April 6, 2010 and on the City's
website on Wednesday, April 7, 2010. No public comments were received.
Agenda Item 8.j.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.j.
Page 4
RO
INCORPORATE 7
JULY 10, 1911
FOR MEMORANDUM
To: CITY COUNCIL
FROM: DOUG PEF RII , DIRECTOR of PARKS, RECREATION AND
FACILITIES .
SUBJECT: CONSIDERATION of A RESOLUTION AMENDING THE CITY MASTER
FEE SCHEDULE FOR THE RECREATION AND MAINTENANCE
SERVICES EPARTIVIENT'S PRE - SCHOOL PROGRAM ADULT
SOFTBALL LEAGUES, ADULT BAS ET ALL LEAGUES AND
PLAYGROUND PROGRAM
DATE: APRIL 13, 201
RECOMMENDATION:
ATION:
Staff recommends the City Council adopt a Resolution amending the City Master Fee
Schedule for the Recreation and Maintenance Services Department's Pre - School Play
and Learn Program, adult softball leagues, adult basketball leagues and playground
programs.
FINANCIAL IMPACT:
Adoption of the Resolution is expected to increase FY 2010-11
Recreation revenues by approximately $7,500.
BACKGROUND:
For over 32 years the Recreation and Maintenance Services D epartment has offered
the Play and Learn Pre - school program. Children three to five gears of age are eligible
and currently 71 children are participating. Four classes are offered, including morning
and afternoon sessions Mondays, Wednesdays and Fridays and morning and afternoon
sessions Tuesdays and Thursdays. Summer classes are also offered, Tuesday,
Wednesday and Thursday mornings. Four part- time teachers introduce children to
colors, numbers, letters, reading readiness, verbal skills socialization, music and nature.
All classes are held at the Elm Street Community Center and the program follows a
calendar similar to the Lucia Mar Unified School District.
In June 2008 the city Council approved amending the fee structure for the Pre - school
Program to eliminate the City's subsidy of the direct costs and to provide some offset of
administrative costs. The current hourly rate for residents is $3.30 per hour and the non -
resident fee is $3.85 per hour. Staff is recommending allocating an additional % or
$4,750 of a Recreation supervisors salary to the Pre - school Program. In order to
increase revenues for Pre - School by $4,750 staff recommends a 7.5% fee increase,
which would bring the hourly rate for residents to $3.55 per hour and to $4.14 for non-
Agenda Item 9.a.
Page 1
CITY COUNCIL
CONSIDERATION of A RESOLUTION AMENDING THE CITY MASTER FEE
SCHEDULE FOR THE RECREATION AND MAINTENANCE, SERVICES
DEPARTMENT PLAYGROUND, , ADULT SPORTS ADD PRE - SCHOOL PROGRAMS
APRIL 13, 2010
PAGE 2
residents. If the amended fee structure is approved by the City Council, participating
families will be notified, and the plan will be implemented beginning in September 2010.
The City's Recreation Division offers two adult softball seasons per year. The spring
season normally has 4 0 — 45 teams and the summer season has 50 — 55 teams. All
games are played at the Soto Sports Complex. Divisions offered include men's,
women's, coed and church. The current fee of $485 per team is used to offset the costs
of umpires, scorekeepers, balls, insurance, awards, lights, field preps and administrative
costs. The adult softball league fees have not been increased since 200 7. However, the
costs for contracted umpires have increased to stay competitive with other jurisdictions.
In addition, the pay for contracted scorekeepers has been increased in order to stay in
Nine with the state's minimum wage. Costs for balls and awards have remained
stationary. In order to cover the increased costs of the program staff recommends
increasing the softball league fee by $25 or 5% to $510 per team.
The City's Recreation Division has been organizing adult basketball leagues since
19 80. Originally there were twelve teams playing one season in the winter. since that
time the program has grown to include spring, summer and fall leagues with as many as
36 teams per season. The current fee of $535 per team has not been increased since
2007. Fees are used for gym rental, referees, scorekeepers, awards and some
administration. Gym rental costs have staged level since 2007 but the costs for referees
and administration have gone up approximately %. Staff recommends increasing the
adult league fee by approximately ° or $25 to $560 per team.
Since the late 190's the City's Recreation Division has offered playground programs
for children ages 5 — 13. Currently seasonal winter, spring and summer programs
operate fror 9 :00 a.m. to 4 p.m. at the Elm Street Community Center. Children
participate in games, crafts, contests, sports,, and mini- trips, at a cost of $16 per day,
which is equivalent to $2.28 per hour. Playground and Children In Motion CIM staff
are interchangeable and are all paid out of the CIM part - time salaries account. In
addition, a percentage of a Recreation Supervisors salary is also allocated from CIM. In
order to help cover administrative costs and to rake playground fees similar to CIM
fees, staff recommends increasing the hourly rate for playgrounds by 31% (.72) to $3.00
per hour, which is equivalent to the lowest CIM rate.
ANALYSIS of ISSUES:
In an effort to more accurately reflect the recreation supervisor's use of time, staff
intends to allocate an additional % ($4,750) of her time to the Preschool program. In
order to generate an additional $4,750 of Pre - school revenue staff recommends
increasing the hourly rate by 7.5%. The proposed rates will still be comparable to other
similar local programs.
Agenda Item 9.a.
Page 2
CITY COUNCIL
CONSIDERATION of A RESOLUTION AMENDING THE CITY MASTER FEE
SCHEDULE FOR THE RECREATION AND MAINTENANCE SERVICES
DEPARTMENT PLAYGROUND, ADULT SPORTS AND PRE - SCHOOL_ PROGRAMS
APRIL 13, 201
PAGE 3
The City's adult softball and adult basketball league fees have not been increased since
200 7. Although staff has implemented cost savings measures for supplies and awards
staff and administrative costs have gore up. staff recommends increasing fees for both
leagues by 5 %, which should increase revenues by approximately $2,500. With the fee
increases the adult sports program rates will still be c omparable to other local programs.
If the amended fee structure is approved by the City Council, adult sports participants
will be notified, and the plan will be implemented beginning in September 2010. The
amended playground and pre - school fees structures will be implemented in .June 2010.
Staff estimates a FY 2010 -11 increase in revenues from the amended fees of at
approximately $7,500. FY 2011 -12 should realize an additional increase because
summer revenues will be included.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
0 Approve staffs recommendation to adopt a Resolution amending the City Master
Fee schedule for the Recreation and Maintenance services Department's Pre-
school program, adult softball, adult basketball and playground programs;
Modify the recommended fees and adopt the Resolution;
• Modify staff's recommendations and approve;
Do net approve staff' s recommendations; or
Provide direction to staff.
ADVANTAGES:
Staff estimates the amendment to the Master Fee schedule will result in a FY 2010-11
revenue 'increase of approximately $7,500, which will eliminate the City subsidy of direct
program costs and provide additional offset of administrative costs
DISADVANTAGES:
If the new fee structure is implemented, participant costs will increase. Some current
program participants may not be able to afford the additional cost.
ENVIRONMENTAL RE IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
TS:
The Agenda was posted in front of City Hell on Tuesday, April 6. 2010 and on the City's
website on Wednesday, April 7. 2010. No public comments were received.
Agenda Item 9.a.
Page 3
RESOLUTION No.
A RESOLUTION of THE CITY COUNCIL of THE CITY
OF ARROYO GRANDE AMENDING THE MASTED FEE
SCHEDULE FOR THE RECREATION AND
MAINTENANCE ANCE SERVICES DEPARTMENT PRE-
SCHOOL, ADULT SOFTBALL, ADULT BASKETBALL
AND PLAYGROUND PROGRAMS
WHEREAS, the City council adopted Resolution No. 4060 approving a Citywide Master
Fee Schedule; and
WHEREAS, the City performs certain services and offers certain programs which
benefit the community, including Pre - school, Adult Softball, Adult Basketball, and
Playground programs administered by the Recreation and Maintenance Services
Department; and
WHEREAS, the cost of providing such services and programs are to be paid by those
individuals that receive such services and participate In such programs; and
WHEREAS, those fees charged for the programs no longer accurately reflect the actual
costs of providing the programs; and
WHEREAS, the City council has considered the question of whether or not to change
the fee structure for the Pre - school, Adult Softball, Adult Basketball and Playground
p rograms to reflect the estimated cost that is required to sufficiently compensate the
City for providing the programs; and
WHEREAS, at a duly noticed public hearing, the city council considered all oral and
written presentations that were made regarding the proposed fees and fee structure.
Not, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby amends the Master Fee Schedule to update the fees and fee structure
for the Recreation and Maintenance Services Department's Pre - school program
(effective June 1, 2010), Adult Softball program (effective September 1, 2010), Adult
Basketball program (effective September 1, 2010) and Playground program (Effective
June 1, 201 0) as set forth in Exhibit "A" attached hereto and incorporated herein by this
reference as though set forth in full.
On motion of Council Member ear , seconded by Council Member , and
on the following roll call vote, to grit:
AYES
NOES.
ABSENT.
the foregoing Resolution was passed and adopted this day of 2010.
Agenda Item 9.a.
Page 4
RESOLUTION I.
PAGE 2
TONY F E RRAR, MAYO
ATTEST:
KELLY WETM RE, CITY CLERIC
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.a.
Page 5
City of Arroyo Grande
MASTER FEE SCHEDULE
Fiscal Year 201 Oml I
"RECREATION AND MAINTENANCE SE ICES*
Adult Sport League Fees:
Adult Softball - Spring
% Proposed
I
Proposed
I
Fee Description
Current
Increase
Fee
Adult Sport League Fees:
Adult Softball - Spring
$ 485.00
5%
510.00
Adult Softball - Summer
435.00
5%
510.00
Adult Basketball
535.00
%
560.00
Seasonal Playground Programs:
Playground -Elm Street (Winter/Spring/Summer)
per hr
2.28
32%
3.0
Pre-School Fees-Resident Discount.
Play & Learn -Tue Thur.
per hr
3.30
7.50%
3.55
Play & Learn-Mon, Wed & Fri.
It
3.30
7.50%
3.55
Kindergartens in Training
it
3.30
7.50%
3.55
Summer Play & Learn
If
3.30
7.50%
3.55
Pre - School Fees - Non Residents:
Play & Learn -Tue Thur.
per hr
3.85
7.50%
4.14
Play & Leann- Allen, Wed & Fri.
it
3.85
7.50%
4.14
Kindergartens in Training
it
3.85
7.50%
4.14
Summer Play & Learn
of
3.85
7.50%
4.1
Agenda Item 9.a.
Page 6
INCORPORATE
JULY to, loll
MEMORANDUM
F
To: CITY COUNCIL
10%
FROM: TERESA MCCLISH, DIRECTOR of COMMUNITY DEVELOPMENT
T
Y: JIM BERGMAN, PLANNING MAN
SUBJECT: CONSIDERATION of ADOPTION of AN ORDINANCE APPROVING
DEVELOPMENT T AGREEMEI T 99 -002; 5 CITIES COMMUNITY
SERVICE FOUNDATION
DATE: - APRIL - 7 3, 2010.
RECOMMENDATION:
It Is recommended the City Council adopt an Ordinance approving Development
Agreement 09 -02.
FINANCIAL CIAL IMPACT:
The City has provided assistance in the preparation of the application for the proposed
project. Accordingly, the proportional project share for this work includes approximately
$10,372 for title, tentative reap, biological resources survey, archeological resources
survey and traffic study preparation. The City also did not charge application or
environmental review fees for the proposed Development Agreement. Under the terms
of the Development Agreement, all City permit fees will be waived. The proposed
project area is included as part of the recently approved subdivision that also Included
four residential lots. It is proposed that the income generated from the sale of three of
the lots conservatively estimated at $900,000, be dedicated to the construction of the
project. The fourth lot would be utilized for emergency access and potential parking.
BACKGROUND:
On March 9, 2010, the City Council held a public hearing to consider introducing an
Ordinance approving Development Agreement 99 -092 for the construction of a
recreation renter on a fire -acre parcel at the corner of West Branch Street and Old
Punch Road, At the conclusion of the public hearing, the Council voted 5-0 to introduce
the Ordinance, as modified, approving Development Agreement 09 -002.
The Ordinance was placed on the agenda of the March 23, 2010 City Council meeting
to consider adoption. After publishing the staff report and Ordinance, it was found that
Section 5 of the Development Agreement was inconsistent with the intent to naive all
applicable City fees since this is a public facility project as discussed in the Financial
Impact section of the staff~ report dated March 9, 2010. Total estimated fees are
Agenda Item 9.b.
Page 1
CITY COUNCIL
CONSIDERATION ATION of ADOPTION of AN ORDINANCE IAI CE APPF O ING DEVELOPMENT
AGREEMENT EEMEI T 9 -002; 5 CITIES COMMUNITY SERVICE FOUNDATION
APRIL 1 , 2010
PAGE 2
approximately $1 million dollars. The Lease was approved, Section 5 of the
Development Agreement was amended and the ordinance was re- introduced on March
23, 2010.
ANALYSIS of ISSUES:
Fees related to construction of the Arroyo Grande Regional Recreation Center are as
follows:
[ Inspection fee
$22
Plan Check fee
12
SM I P
14.00
green B uilding Fee
6.00
Fire Protection
7
Police Facilities
281550.00
Severer hookup
18273.00
Traffic Signal
224,827.00
Transportation Facilities
614
Meter
5
- Water
Water Neutralization
120,349-00
Total fees
11
Section 5 of the Development Agreement now states;
Section b. Fees. city shall waive all fees, including, but not limited to
development impact, building permit, plan check, inspection, water and
sewer connection fees, encroachment permit, improvement plan,
application and processing or ether City development related fees.
Waiver of fees has been recommended because the project will be a public facility, is a
joint project with the City, and will be funded by private contributions.
ADVANTAGES:
The following advantages related to the development include:
The project will develop a recreation center at minimal cost to the City that
includes areas for court games and multipurpose rooms and offices to serve a
large spectrum of residents.
e Conditions of approval include the provision of public infrastructure such as
sidewalks and public transit facilities, which has been identified as an important
unmet need in the corn m u n ity.
DISADVANTAGES:
The following disadvantages related to the development include:
Agenda Item 9.b.
Page 2
CITY COUNCIL
CONSIDERATION of ADOPTION of AN ORDINANCE ANCE APP1 OVI DEVELOPMENT
T
AGREEMENT T 9 -002; 5 CITIES COMMUNITY SERVICE FOUNDATION
APPAL 13, 20
PAGE 3
Concerns have been expressed by neighboring residents regarding potential traffic
and parking impacts.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Adopt an Ordinance approving Development Agreement 09 -002.
- codify and re- introduce an Ordinance approving Development Agreement o9-
002.
- Do not adopt an Ordinance approving Development Agreement 0-02.
-
Provide direction to staff.
ENVIRONMENTAL REVIE :
In compliance with the California Environmental Quality Act CE A , the community
Development Department has completed and circulated a Mitigated Negative
Declaration. Mitigation measures to reduce impacts to less than significant levels have
been created related to biological resources, utilities /service systems, hydrology /water
quality, noise, air quality, and geology /soils. The City Council adopted the Mitigated
Negative Declaration at the March 9, 2010 meeting.
PUBLIC NOTICE:
The Agenda was posted In front of City Fall on Tuesday, April 6, 2010. The Agenda
and staff report were posted on the City's website on Wednesday, April . , 2010. No
public comments were received.
Agenda Item 9.b.
Page 3
ORDINANCE NO.
AN ORDINANCE of THE CITY COUNCIL of THE CITY of ARROYO
GRANDE APPROVING DEVELOPMENT ENT A REEMEI T 9 To
CONSTRUCT A II LTImPU POSE RECREATION CENTER ON
PROPERTY LOCATED AT THE CORNER OF WEST BRANCH STREET
AND OLD RANCH ROAD
WHEREAS, space devoted to indoor recreation court facilities are limited in the City of
Arroyo Grande and are currently used at full capacity; and
WHEREAS, the Five cities Community service Foundation seeks to develop a two story,
53,712 square feet recreation center that includes areas for court games, multipurpose
rooms and offices; surface parking facilities; and wall signs totaling 142 square feet; and
WHEREAS,, the Cit y of Arroyo Grande, owns an approximately -acre parcel on the corner
of Hest Branch street and old Ranch Road which is zoned as Public Facilities; and
WHEREAS, EAS, a development agreement is a contractual agreement which specifies the
intensity, timing and conditions of development of real property; and
WHEREAS, development agreements are used to provide an enhanced degree of
certainty in the development process for both the property owner/developer and the public
agency; and
WHEREAS, S, due to the long -term fundraising efforts needed for a project of this type and
the importance of a recreational facility of this nature to the community, the 5 Cities
Community Foundation is pursuing a Development Agreement with the city of Arroyo
Grande; and
WHEREAS,, Municipal code section 16-16.150 addresses development agreements; and
WHEREAS, the City's Architectural Review Committee has reviewed the proposed
recreation center at their meetings of January 11 , 2010; and
WHEREAS, pursuant to Municipal code section 16.16.150, a duly noticed public hearing
was held by the Planning Commission on February 16, 2010; and
WHEREAS, pursuant to Municipal code section 16.16.150, the Planning Commission, on
February 16, 2010 adopted a resolution recommending that the city Council approve a
development agreement for the recreation center; and
WHEREAS, pursuant to Municipal Code section 16.16.150, after consideration of all
testimony and all relevant evidence, the City council has determined that the following
findings of fact can be made in an affirmative manner:
Agenda Item 9.b.
Page 4
ORDINANCE No.
PAGE 2
a The development agreement is consistent with the goals, objectives,
policies, general land uses, and programs specified in the general plan
and any applicable specific plan;
b The development agreement is compatible with the uses authorized in,
and the regulations prescribed for, the land use di .strict in which the real
property is located;
c The development agreement is in conformity with public convenience,
general welfare, and good lead use practice;
d The development agreement will net be detrimental to the health, safety,
or general welfare;
e The development agreement will not in respect to the subject property, or
any ether property, adversely affect the orderly development thereof or
the preservation of property values.
NOW THEREFORE, E, THE CITY COUNCIL of THE CITY of ARROYO DOES ORDAIN
As FOLLOWS:
SECTION 1: The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2: The City Council adopts the Mitigated Negative Declaration.
SECTION 3: The City Council hereby approves the Development Agreement with the
Cities Foundation as set forth in Exhibit ""
SECTION : A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five days prior to the city Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full tent
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(115) 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 of the full text of such adopted ordinance. This
Ordinance shall take effect and be in full force and effect thirty 30 days after its passage.
SECTION 5: This ordinance shall take effect and be in full force and effect thirty 30
days after its passage.
SECTION : If any section, subsection, sentence clause, or phrase of this ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
Agenda Item 9.b.
Page 5
ORDINANCE Igo.
PAGE
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this ordinance
and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the ordinance mould be
subsequently declared invalid or unconstitutional.
On motion of , seconded by
, and on the following roll call vets to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this
day of 2010.
Agenda Item 9.b.
Page 6
ORDINANCE N.
PAGE
TONY FEF RARA, MAYOR
ATTEST:
KELLY WETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO ER:
TIMOTHY J. C RMEL, CITY ATTORNEY
Agenda Item 9.b.
Page 7
EXHIBIT A
RECORDING REQUESTED
BY AND WHEN
RECORDED RETURN To*
City of Arroyo Grande
Attn: city Clerk
Po Box 55
Arroyo Grande. CA 93421
FOR RECORDE USE ONLY
DEVELOPMENT AGREEMENT
(NO RECORDING FEE -- EXEMPT)
THIS DEVELOPMENT AGREEMENT (this "Agreement" ) dated as of this � day of
, 2010 (the "Effective Date ", by and between the city of Arroyo Grande ( ' City",
a municipal corporation, and 5 cities Community Services Foundation ("5 Cities
Foundation ", a California non - profit corporation.
RECITALS
WHEREAS, City is the owner of a real property located at 400 Hest Branch Street in
the City of Arroyo Grande, State of California and legally described in Exhibit A, at-
tached hereto and incorporated herein by this reference (hereinafter referred to as the
"Property");
WHEREAS, on November 14, 200 6, the parties entered into a Lease Agreement (the
"Lease"), a copy of which is on file at the office of the city clerk, located at 214 E.
Branch Street and incorporated herein by this reference, leasing the Pro perty to 5 Cities
Foundation for a team of fifty bg years automatically renewing for an additional year
after each January 1; and
WHEREAS, the purpose of the Lease is for 5 cities Foundation to construct and
operate a community sports and recreational center (the "Project"); and
WHEREAS, the city Council finds that construction and operation of the Project
provides a significant overall public benefit for the community by providing valuable
recreational facilities; and
WHEREAS, to strengthen the public planning process, encourage private participation
in comprehensive planning and reduce the economic risk of development, the
Legislature of the State of California enacted California Government Code § 65864; and
I
Agenda Item 9.b.
Page 8
WHEREAS, City, in order to accomplish the same, enacted Arroyo Grande Municipal
Code § 16.16.150, setting forth the required process for reviewing, processing and
approving development agreements; and
WHEREAS, City published a notice of intention to consider adoption of this Agreement
pursuant to Government Code sections §§ 65090 and 65091 and duly held a public
hearing; and
WHEREAS, by this Agreement, the city intends to provide 5 cities Foundation certain
assurances with respect to development of the Project in an effort to reduce the
economic costs of development of the Project, encourage investment and provide
maximum efficient utilization of resources at the least economic cost to the public;
WHEREAS, EAS, the city finds the following:
a. This Agreement is consistent with the goals, objectives, policies, general
land uses and programs specified in the General Plan.
b. This Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the Community Facilities district in which the
Project is located.
c. This Agreement is in conformity with public convenience, general welfare
and good land use practice.
d. This Agreement will not be detrimental to the health, safety or general
welfare.
e. This Agreement will not, in respect to the Property, or any other property,
adversely affect the orderly development thereof or the preservation of
property values; and
WHEREAS, S, pursuant to Ordinance No. , the city approved this Agreement with
Cities Foundation, setting forth the conceptual plans and conditions of approval, the
permitted uses of the Property, design guidelines, density or intensity of use, and the
maximum height and size of building.
NOW, THEREFORE, E, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, city and 5 cities
Foundation agree as follows:
Agenda Item 9.b.
Page 9
Section 1 . Recitals. The above recitals are hereby incorporated into the body of this
Agreement as though set forth in full herein.
Section 2. Terra and Periodic Review.
a. This Agreement shall be effective immediately upon the Effective Date
and shall e ten ( 0) years from funding budgeted for, and California
Department, of Transportation's "CalTrans" approval of, the risco
Halcyon interchange project, unless otherwise extended by City in writing
pursuant to Section 7.
b. City shall, not less than every twelve 12 months from the Effective Date
comprehensively review 5 Cities Foundation's efforts to comply with the
terms and conditions of this Agreement.
Section 3. Development Entitlements For the terra of this Agreement, the Project is
hereby approved, pursuant to the Project concept plans presented to the Arroyo Grande
City Council on March g, 20 10 and on file in the Community Development Department,
located at 214 E. Branch Street, and subject to the terms and conditions set forth herein
and in Exhibit "B" attached hereto and incorporated herein by this reference.
a. The Project shell include an approximately 53,712 square foot recreational
facility (the "Facility ", for use as a sports courts, multi- purpose rooms and
offices. The Facility shall be divided into two 2 separate building areas
with a "non- separated occupancy" including 3 # 692 square feet of sports
courts and a mezzanine running track, and a 15,572 square foot multi-
pu rpose building.
b. The Facility shall not exceed a height of forty eight feet, 2 inches (48'2"
. 5 Cities Foundation shall construct a minimum of 179 parking spaces.
d. Hours of operation of the Facility shall be limited from 7 aim to 10 pin
seven days per creek.
e. City shall eater into a shared parking agreement with the Women's Club
and City of Arroyo Grande Community Center for overflow parking of the
Facility.
f. Final design shall be coordinated with and accommodate the final design
of the proposed interchange at old Punch Road and West Branch Street
as part of the Brisco Interchange Improvements.
g. No construction shall take place until the City's Interim Urgency Ordinance
Flo. 618 has expired.
Agenda Item 9.b.
Page 10
h. No construction shall take place until the Briseo interchange
improvements are approved by the City and Caltrans and funding is
budgeted.
i. 5 Cities Foundation shall commence construction of the Project within five
(5) years of approval and funding of the Briso interchange improvements.
j. City shall have the right of first refusal to be the operator of the facility. If
the City chooses to operate the facility, the City would be required to pa
all operational costs of the Facility, but gold not be required to pay any
fee to 5 Cities Foundation or any reimbursement for construction costs.
The entitlements set forth above will include various additional conditions and
re quirements including, but not limited to additional discretionary and ministerial
approvals, with which 5 Cities Foundation will be required to comply in order to develop
the Property and construct and operate the Project. Such approvals shall be reviewed
and approved in accordance with the City of Arroyo Grande Municipal Code, California
Environmental Quality Act and all other applicable local, state and federal lavers and
regulations.
Section 4. V ested Ri ht. b Cities Foundation shall have a vested right to develop the
Project in accordance with this Agreement.
Section 5. Fees City shell waive all fees, 'including, but not limited to development
impact, building permit, plan check, inspection, water and serer connection fees,
� g
encroachment permit, improvement plan, application and processing or other City
development related fees.
Section 6. Referendum. The parties acknowledge that City's approval of this Agreement
is a legislative act subject to referendum.
Section 7 . Amendment or cancellation. This Agreement may be amended, or canceled
in whole or in part, by mutual written consent of the parties subject to compliance with
Arroyo Grande Municipal Code Section § 16.16.150.F.2. Notice of intention to amend or
cancel any portion of the Agreement shall be given in a manner provided by
Government Code Section § 65867.
Section 8. Environmental Com lien e. A Mitigated Negative Declaration has been
created, reviewed and adopted for the project. Mitigation measures to reduce impacts to
less than significant levels have been created related to biological resources,
utilities /service systems, hydrology water quality, noise, air quality, and geology /soils.
These mitigation measures will be monitored by the City of Arroyo Grande and must be
completed by the 5 Cities Foundation per the Mitigated Negative Declaration.
Agenda Item 9.b.
Page 11
Section 9. Attorneys' Fees, costs, and Expenses in any litigation, arbitration,, or other
proceeding in laver or equity by which one party to the Agreement seeks to enforce its
rights under the Agreement, to resolve an alleged dispute, breach, default, or misrepre-
sentation in connection with any of the provisions of this Agreement, to seek a declara-
tion of any rights or obligations under this Agreement, or to interpret the provisions of
this Agreement, the prevailing party shall be entitled to recover from the losing party ac-
tual attorneys' fees incurred to resolve the dispute and to enforce the final judgment,
award, decision, or order and such fees, costs: or expenses shall be in addition to any
other relief to which the prevailing party may be entitled.
Section 10. Notices. To be effective,, all notices, requests, demands, and other commu-
nications required or permitted under this Agreement shall be in writing and shall be de-
livered either in person or by certified rail, postage prepaid, return receipt requested.
Notice is deemed effective on delivery if served personally on the party to whom notice
is to be given and delivery is confirmed by a receipt. Notice is deemed effective on the
second day after railing if mailed to the party to whom notice is to be given, by first
class mail, registered or certified, return receipt requested, postage prepaid, and proper -
ly addressed as set forth below. Any correctly addressed notice that is refused, un-
claimed, or undeliverable because of an act or omission of the party to be notified shall
be deemed effective as of the first date that said notice was refused, unclaimed, or
deemed undeliverable by the postal authorities. The addresses for purposes of giving
notice are as set forth below but each party may change its address by written notice in
accordance with this paragraph.
If to FINE CITIES FOUNDATION: Five Cities Community service Foundation
oo West Branch street
Arroyo Grande, CA 93421-0633
If to CITY:
City of Arroyo Grande
An: city Manager
P.O. Box 550
Arroyo Grande, CA 93421
Section 11. Authorizations. All officers and individuals executing, this and other docu-
ments on behalf of the respective parties do hereby certify and warrant that they have
the capacity and have been duly authorized to so execute said documents on behalf of
the entity so indicated.
Section 12. Headings and Ca tions. The captions and headings of this Agreement are
inserted for convenience only and shall not be deemed a part of this Agreement and
shall not be used in interpreting this Agreement or in determining any of the rights or ob-
ligations of the parties to this Lease.
0
Agenda Item 9.b.
Page 12
Section 13. severabiiit r . If any term, provision, covenant, or condition of this Agreement
shall be or become illegal, invalid, null, void, unenforceable, or against public policy, in
whole or in part, or shall be held by any court of competent jurisdiction to be illegal,
invalid, null, or void, or against public policy, the term, provision, covenant, or condition
shall be deemed severable, and the remaining provisions of this Agreement shall re-
main in full force and effect and shall not be affected, impaired, or invalidated. The term,
provision, covenant or condition that is so invalidated, voided, or held to be unenforce-
able shall be modified or changed by the parties to the extent possible to carry out the
intentions and directives set forth in this Lease.
Section 14. Counterpart Execution. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute
one and the sane instrument.
Section 15. Entire Agreement This Agreement constitutes the final, complete, and ex-
clusive statement of the terms of the agreement between the parties pertaining to the
Agreement and supersed all prior and contemporaneous agreements, promises, re-
presentations, warranties, understandings, or undertakings by either of the parties, ei-
ther oral or written, of any character or nature. No party has been induced to eater into
this Agreement by, nor is any party relying on, any representation or warranty outside
those expressly set forth in this Lease.
Section 16. Ambiguities Each party and its counsel have participated fully in the review
and revision of this Lease. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in interpreting this Lease.
IN WITNESS WHEREOF, the parties have executed this Agreement which shall be
deemed effective as of the first date set forth above.
[Signatures on following page]
Agenda Item 9.b.
Page 13
CITY OF ARROYO GRANDE
Tony Ferrara, Mayor
Date:
Attest:
Kelly Wetmore, City Clerk
Dante:
As Approved to fora:
Timothy J. Carmel, City Attorney
Date:
CITIES COMMUNITY SERVICES
FOUNDATION
Its:
Date:
Agenda Item 9.b.
Page 14
1
ft. INC FOP R TEO ` 7.
z;
JMY 10. ,oll MEMORANDUM
ANDUIII
To: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: EXTENSION of INTERIM URGENCY ORDINANCE ESTABLISHING
UP To AN ADDITIONAL THREE MONTH MORATORIUM IIJM oN THE
APPROVAL AL of DEVELOPMENT PROJECTS
DATE: APRIL 13, 201
RECOMMENDATION:
II MEI DATION:
It is recommended the Council adopt an Interim Urgency Ordinance extending the
temporary moratorium on the approval of development projects for up to an additional
three months.
FIN NCI 1 IMPACT:
There is no projected financial impact from adoption of the Interim Urgency
Ordinance. There are significant costs associated with water supply measures that
will be evaluated.
BACKGROUND:
At the November 10, 2009 meeting, the City Council adopted an Interim Urgency
Ordinance establishing a -day moratorium on approval of new development
applications. At the December 8, 2009 meeting, the City Council approved an
extension of four months and fifteen days. Therefore, the moratorium is due to expire
on April 23, 2010.
The moratorium does not impact development projects that have already been
approved or those with applications that have been submitted for processing and are
deemed complete. The purpose of the moratorium was to provide time for staff to
update water supply and demand projections, recommendations to address long-
term water supply needs, recommendations to address seawater intrusion concerns,
and incorporate any measures determined necessary into the City's General Flan
Conservation and Housing Elements.
ANALYSISvOF ISSUES:
Significant progress has been made in meeting the goals of the moratorium, which
includes, but are not limited to, the following:
Agenda Item 9.c.
Page 1
CITY COUNCIL
CONSIDERATION of ORDINANCE EXTENDING DING MO ATOM IUM ON THE
APPROVAL of DEVELOPMENT PROJECTS
APRIL 13, 201
PAGE 2
In coordination with neighboring jurisdictions, negotiations have occurred with
the Central Coast Water Authority CCWA for both potential emergency short-
term and long -term State water allocations.
One of the Oceano sentry wells was temporarily refurbished, a series of tests on
the Oceano sentry wells have been completed, and more permanent measures
for four sentry well clusters are being coordinated with San Luis Obispo County.
Preparation of the supplemental recycled grater study is nearing completion.
Water demand and supply projections have been updated.
In coordination with neighboring jurisdictions, a grant application for funding to
develop a regional groundwater model is being prepared and submitted.
Project development of Well #10 and testing of Well #11 is under way.
The draft annual monitoring report has been prepared.
However, staff estimates that a minimum of an additional two months, and a
maximum of up to three months, is needed to complete the work. Evidence indicates
that seawater intrusion has subsided. While the ability to meet the water demand for
General Plan build -out will likely require additional water supply, work thus far
supports that feasible options will be available and current development activity can
be accom mod ated. Therefore, staff anticipates that the necessary information
gathering, study, analysis and recommendations will be complete and the Council
can terminate the temporary moratorium prior to the end of this extension.
Under State law, this will be the last extension allowed based on the subject matter of
the current development moratorium. If the final study results indicate that water
needs cannot be safely and adequately addressed, future development restrictions
could be instituted under a Water Emergency Declaration, which enables s imilar
restrictions under different State law provisions.
ALTERNATIVES:
ES:
The following alternatives are provided for the Council's consideration:
Approve staffs recommendations;
Do not approve the extension and allow the moratorium to expire;
0 Extend the moratorium for the maximum one-year period with the ability to
cancel it earlier when it is no longer necessary; or
Provide other direction to staff.
ADVANTAGES:
Extension of the moratorium will provide staff time to complete a comprehensive
assessment of the City's current grater resources to accommodate future
development in the content of the update of portions of the General Plan and develop
recommendations for future water supply projects.
Agenda Item 9.c.
Page 2
CITY COUNCIL
CONSIDERATION of ORDINANCE EXTENDING MORATORIUM ATOF IUM oN THE
APP o AL of IDE ELoPI1 EI T P OJECTS
APRIL 13, 201
PAG E 3
DISADVANTAGES:
TAGES:
Approving the last extension for only three months could end the moratorium
prematurely if delays or problems are experienced. However, staff is confident three
months will provide the time necessary to complete remaining tasks. Any longer
extension would be inconsistent with information that has been provided to potential
building permit applicants regarding the expected time frame of the moratorium.
ENVIRONMENTAL REVIEW:
IEW:
Adoption of the Interim Urgency Ordinance is exempt from the California
Environmental Quality Act "CEA " pursuant to Sections 15061(b)(3), 1 5262 and
15306 of the state CEA Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
Notice of Public Hearing was published in The Tribune on Friday, April 2, 2009. The
Agenda was posted in front of City Hall on Tuesday, April 6, 2010 and on the City's
ebsite on Wednesday, April 7, 2010. No comments were received.
Agenda Item 9.c.
Page 3
INTERIM URGENCY ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE of THE CITY COUNCIL of THE
CITY of ARROYO GRANDE EXTENDING A MORATORIUM ON THE
APPROVAL of DEVELOPMENT PRO JECTS AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL of THE CITY of ARROYO GRANDE DOES ORDAIN As
FOLLOWS:
SECTION 'I. FINDINGS. The City Council finds as follows:
A. As detailed in the September 8, 2009 staff report to the City Council, a
copy of which is on file in the City Clerk's Office and incorporated into this Interim
Ordinance as if fully set forth herein, the City of Arroyo Grande City is dealing with a
critical water shortage while simultaneously pursuing a statutorily required update of the
Housing Element and Conservation Element of the City's General Plan. During
preparation o .the City's 2001 General Plan and 2005 Urban Water Master Plan, the
lack of water resources was identified as a significant issue. Since that time the City
has conducted studies and made extensive efforts to develop a strategy to address the
lack of water resources, including studying and prioritizing alternatives and options for
short -term and long -term options and supplemental water supplies.
B. After it was determined in 2008 that the City had utilized 99° of its grater
entitlements, the City Council approved Resolution No. 4118 on August 12, Zoo
declaring the existence of a "severely restricted water supply condition" and
implemented mandatory water conservation measures.
C. Among the short -terry measures that have been identified to increase
water supplies are grater conservation public education efforts and implementation and
enforcement of water conservation regulations, a tiered water rate structure, installation
of Well Flo. 19, and the City has contracted with the Oceano Community Services
District for delivery of grater. Long -term measures that have been identified include a
comprehensive groundwater study, the Nacimiento Lake water project, a desalination
project y
ro'ect stud , State water, and study of two 2 recycled grater projects, the first in
cooperation with the South San Luis Obispo County Sanitation District and the second a
joint project with the City of Pismo Beach. In addition, the City has been participating in
a study of raisin g the height of the spillway of the Lopez dam to increase the capacity of
Lopez Lake.
D. Based upon preliminary data resulting from a groundwater monitoring
program implemented in early 2009 by a group of cities that include the Cities of Arroyo
Grande, Grover Beach, Pismo Beach and the Oceano Community Services District,
groundwater levels and water duality sampling have shown early signs of seawater
Agenda Item 9.c.
Page 4
INTERIM IM URGENC ORDINANCE ANCE o.
PAGE 2
intrusion in the part of the basin from which the City obtains the majority of its
groundwater supply.
Seawater intrusion can be a serious threat. Seawater is highly saline (with typical
chloride concentrations .of 13,000 mg /L) and mixing even a small amount, as little as
two percent, with fresh groundwater is enough to make water undrinkable. Once
seawater has intruded and mixed in a groundwater basin, it is very difficult and costly to
remove.
While this is preliminary data, and additional evaluation and recommendations from
consultants are expected, this new information combined with the severely restricted
water supply conditions and related concerns discussed above, create an immediate
need to study and understand it's implications in relation to the City's General Plan
update and other development proposals, policies and programs.
E. The Community Development Department of the City of Arroyo Grande
recently initiated the process of updating the City's General Plan, with immediate
emphasis on the dousing Element and the Conservation Element; as the Conservation
Element provides for the conservation, development and integrati of natural
resources, this process will enable the City to immediately address the impacts of the
water shortage and implications of the seawater intrusion problem on development in
the City, including the issue of insufficient water supply in relation to the City's Housing
Element, regional housing needs allocation and its affordable housing needs and
re quirements.
F. Due to the foregoing, the City intends to immediately begin a study of
issues related to future development and insufficient water supply. In the meantime, if a
temporary moratorium on Development Projects is not immediately imposed, pursuant
to the provisions of Government Code §65858, such unplanned development would
defeat the intent and purpose of the City's General Plan policy of providing for orderly
development with sufficient water resources and undermine the update of the City's
Housing Element and Conservation Element.
G. On November 10, 2003, the City Council adopted Ordinance 615, entitled
"An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande
Adopting a Moratorium on the Approval of Development Projects, and Declaring the
rg envy Thereof' (the "Temporary Moratorium" ) , wh ich Ordinance ex pi forty -five 5
day from the date of its adoption, pursuant to the Government Cod Section 85858 a.
H. O December 8, 2009, the City Council held a duly noticed public hearing
to consider extending the Temporary Moratorium and after reviewing and considering all
available evidence, adopted ordinance 515 extending the Temporary Moratorium for a
period of four months and fifteen (1 5) days, pursuant to Government Code Section
65858 a.
Agenda Item 9.c.
Page 5
INTERIM URGENCY ORDINANCE CE I O.
PAGE 3
I. On April 13, 2010, the city council held a duly noticed public hearing to
consider a n additional three 3 month extension of the Temporary Moratorium,
pursuant to Government code §65858 to enable completion of studies and analysis of
the seawater intrusion problem and its impact on the city's pending updates of the
General Plan Housing and conservation Elements.
SECTION 2, ESTABLISHMENT T F MORATORIUM
RIUM
The City Council hereby declares that a continued Temporary Moratorium on the
approval of Development Projects, as defined below "Development Projects" is
necessary in order to permit the city the time to complete research and consider
appropriate regulations, amendments and clarifications to protect the public health,
safety, welfare and the economic prosperity of the community. As used herein,
"Development Project" 'Weans any project undertaken for the purpose of development
and includes, but is not limited to any project involving the issuance of a permit for
construction or reconstruction. Development Project includes ministerial projects, unless
the project does not require a new water connection.
SECTION . Except as otherwise specified herein, while this Interim Ordinance
remains in effect, no permit, or other applicable entitlement, which entails in whole or in
part the approval of any new Development Project within the city shall be approved or
issued.
SECTION 4. Pursuant to the provisions of California Government Code §65858, this
Interim Ordinance is adopted as an Interim urgency zoning ordinance and shall take
effect immediately. The facts demonstrating the urgency that form the basis for this
Interim Ordinance are set forth in Section 1, above and in addition are as follows:
A. The City has and continues to receive applications for Development
Projects and expects to continue to receive such application.
B. The approval of new Development Projects within the City of Arroyo
Grande w ithout an opportunity to study the implications. of the current water shortage
and seawater intrusion in the Arroyo Grande Groundwater Basin in relation to the city's
ending update of certain Elements of the General Plan, regional housing needs
allocation, affordable housing needs, pending recreation and other public facility
projects, and economic development efforts would result in a threat to orderly
development in a fundamental manner. Approval of such projects may conflict with
Policy LU11 -3.1 of the City's Fringe and Urban Area Land Use Element, which limits the
"number of dwelling units within the City to that which is consistent with the long - terra
availability of resources needed to support area population and that which public
services and facilities can adequately support," and Policy CS5 of the City's
Conservation Element which states that "The city of Arroyo Grande shall manage land
use and limit its urban development potential to that which can be sustained by the
Agenda Item 9.c.
Page 6
INTERIM URGENCY ORDINANCE o,
PAGE
avariIable gr ater resources...'# It is thus necessary to establish a tern porary moratorium to
allow for: 1 research and study to determine how to address these issues, the type of
regulation that may be imposed with regard to new connections to the City's grater
system and how that relates to General Plan policies, regional housing needs allocation
and affordable housing needs and related matters, 2 the preparation and presentation
of any proposed ord inance, amendments or regulations to address this issue.
C. This Interim Ordinance is necessary in order to maintain the city's
environment pending the outcome of the above - referenced research, study and
analysis, which will dictate the need to establish new policies, procedures and otherwise
regulate Development Projects in the City in relation to the water supply problem.
D. This Interim Ordinance is necessary so that the City may study the
manner in which to comprehensively prioritize needs and balance resources including
those pertaining to the provision of affordable housing and state mandated regional
housing stock and short and long terra water availability.
E. It is necessary that this Interim ordinance remain in effect until the
required research, study, and analysis have been completed and the recommendations
of Community Development Department staff can be received and considered by the
City Council and the City Council.
SECTION The City council therefore finds that, based upon the foregoing, there is a
current and immediate threat to the public health, safety and welfare, and that the
approval of additional Development Projects through the issuance of approvals or
permits wound result in a threat to, the public health, safety and welfare.
SECTION , Any Development Project currently being processed by the city and for
which the City has accepted or deemed an application as complete prior to the effective
date hereof, any Development Project with a significant component of multifamily
ily
housing, and any City initiated public safety project, shall be exempt from the provisions
of this Interim Ordinance.
SECTION 7. The terra of this Interim Ordinance shall commence on April 22, 2010 and
shall expire on ,July 21, 2010 or at such earlier time as the City council acts to repeal
this Interim Ordinance.
SECTION 9. In accordance with the requirement of Government Code §65858, at least
ten (1 0) days prior to the expiration period provided for in Section 8 , the City Council
shall issue a written report describing any measures taken to alleviate those conditions
herein referenced which led to the adoption of this Interim Ordinance,
SECTION 10. Within fifteen 1 days after its passage, this Ordinance shall be
published once, together with the names of the council members voting thereon, in a
ne wspaper of general circulation within the City.
Agenda Item 9.c.
Page 7
INTERIM IM URGENC ORDINANCE CE No.
PAGE
SECTION 11. The adoption of this Interim Ordinance is e erupt from the California
Environmental Quality Act "CEA " pursuant to §§15061(b)(3)and 15306 of the state
CE QA Guidelines because it can be seen with certainty that there is no possibility that
such adoption may have a significant effect on the environment. In addition, the
adoption of this Interim Ordinance is exempt from CE QA pursuant to §15262 of the
CEA Guidelines in that this Interim Ordinance involves only feasibility or planning
studies for possible future actions by the City.
SECTION 12, This Interim Ordinance shall be liberally construed to accomplish its
Intended purposes. Nothing contained in this Interim Ordinance is intended to limit the
continuation of la wful nonconforming uses or structures.
SECTION 13, The City Council hereby declares that should any section, paragraph,
sentence, phrase, terra, or word of this Interim Ordinance hereby adopted be declared
for any reason to be invalid, it is the intent of the City Council that it would have adopted
all other portions of this Interim Ordinance irrespective of any such portion declared
invalid.
On motion by council Member
by the following roll call vote, to wit:
, seconded by Council Member , and
AYES:
NOES.
ABSENT.
the foregoing Interim Urgency Ordinance was adopted this 1 fi day of April 2010.
Agenda Item 9.c.
Page 8
INTERIM IM UR ENC ORDINANCE NCB,
PACE
TONY FERRARA, MAYOR
R
ATTEST:
i .
KELLY WETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVE ADAMS, CITY MANAGER
APPROVED AS TO FORMA.
TIMOTHY J, CARMEL, CITY ATTORNEY
Agenda Item 9.c.
Page 9
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 9.c.
Page 10
INCORPORATED
y 10 loll MEMORANDUM
I Vol
To: CITY COUNCIUREDE ELOPII ENT AGENCY BOARD OF
DIRECTORS
FROM: t STEVEN ADAMS, CITY MANAGER/EXECUTIVE DIRECTOR
SUBJECT: CONSIDERATION of AGREEMENT WITH TIERRA VILEST
ADVISORS TO PREPARE A FEASIBILITY ANALYSIS ON
REDEVELOPMENT PROJECT OPTIONS AT 1221 EAST GRAND
AVENUE
DATE: APRIL 13, 201
RECOMMENDATION:
It is recommended the Redevelopment Agency Board of Directors approve: 1 an
Agreement with Tierra West Advisors to prepare a feasibility analysis on
redevelopment project options at 1221 East Grand Avenue; and 2 identify City
revenue generation as a top priority for any proposed redevelopment project at this
site.
FINANCIAL IMPACT:
The total cost for the initial phase of this analysis is $25,000. It is recommended to
be funded from Redevelopment Agency funds budgeted for economic development
professional services. The goal o the project is to generate from $200,000 to
$400,000 in additional annual City revenue by FY 2011 -12.
BACKGROUND:
O October 10, 2006, the Redevelopment Agency B oard of Directors entered into an
Agreement with Tierra vest Advisors to serve as the Agency's Redevelopment
consultants. Their purpose is to advise the Agency on the feasibility and financial
terms of redevelopment projects and activities.
The Redevelopment Agency Plan, -bear Redevelopment Implementation entation Plan and
Strategic Plan all identify the property at the southwest corner of East Grand Avenue
and Elm Street as a high priority for redevelopment. The property was recently
purchased by NKT Commercial, Inc., who is interested in redeveloping the site.
Agenda Item II.a.
Page 1
CITY COUNCIL
CONSIDERATION ATIO of AGREEMENT WITH TIER RA WEST ADVISORS To
PREPARE E A FEASIBILITY ANALYSIS ON REDEVELOPMENT PRO JECT
OPTIONS AT 122' EAST GRAND AVENUE
APRIL 13, 201
PAGE 2
ANALYSIS OF ISSUES.
The East Grand Avenue /Elm *street shopping center has always been identified as
the City's to priority for redevelopment. It is currently a blighted property with
tenants generating substandard revenues to the City for a commercial center of its
size. staff has coordinated with property owners of the site for several years to
encourage upgrades. Recent sale of the property has provided an opportunity to
pursue a redevelopment project with Agency participation. The property owner is
currently working on development alternatives, but has expressed a willingness to
cooperate with the proposed Redevelopment pment Agency analysis.
The City Council recently approved adjustments to the City's General Fund budget in
order to maintain a balanced budget and adequate reserves through FY 2010-11.
However, given the use of one - time revenues, a potential shortfall is projected in FY
2011 -12. Therefore, economic stimulus is necessary to avoid future service level
decreases. Given its size and access, the East Grand Avenue Elm street site
provides the only short- terra viable opportunity to attract businesses that could
potentially generate additional revenue sufficient to have a meaningful impact in
helping to stabilize the City's long- terra revenue needs.
The scope of the services provided would include:
0 fleet with the property owner and City staff to discuss current market activity,
interest, rental rates, current tenants, rent proposals, and other information on
the current commercial market.
0 Analyze current zoning and General Plan designations on the site to determine
the uses that would be allowed. Consider with staff potential changes that
would male the site mo re marketable.
0 Analyze area demographics to determine the potential demand in the trade
area.
0 Surrey current competitive projects within the trade area to estimate competitive
supply.
0 flake inquiries with economic development staff of the County of San Luis
Obispo to determine trends in the local economy, identify planned projects, and
research other market changes that could affect development feasibility at the
site.
Identify a potential development plan for the site with potential business types.
Prepare preliminary financial projections indicating cash flows for the owner and
City, including the Redevelopment Agency.
Draft a summary report indicating Tierra West's findings and making
recommendations for the redevelopment of the site.
P
Agenda Item II.a.
Page 2
CITY COUNCIL
CONSIDERATION OF AGREEMENT WITH TIERRA WEST ADVISORS TO
PREPARE A FEASIBILITY ANALYSIS ON REDEVELOPMENT PROJECT
OPTIONS AT 1221 EAST GRAND AVENUE
APRIL 13, 2010
PAGE 3
Results will. then be presented to the City Council /Redevelopment edevelopr ent Agency Board of
Directors. Comments and direction can be provided on a proactive basis on project
goals and how the Agency and City can provide assistance. The effort is proposed in
phases. Therefore, additional consultant services will likely be necessary if the first
phase identifies recommendations that appear feasible to proceed with.
ALTERNATIVES:
The following alternatives are provided for the Board's consideration:
Approve staffs recommendations;
Do not approve the recommendations and direct staff to coordinate with the
property owner on a project proposal;
- Provide other direction to staff.
ADVANTAGES:
TAGES:
The process will provide an opportunity for both the City Council /Board of Directors
and public to have input into the project development rather than responding to a
final project submittal. It will also better enable the City Council /Board of Directors to
male comprehensive and strategic decisions regarding redevelopment funding
assistance, zoning, land use and other factors that may impact the potential for
attracting tenants to the project. Most importantly, it will better enable the City and
Redeveloprtient Agency to proactively identify ways in which land use opportunities
for future revenue generation can be maximized.
DISADVANTAGES:
The analysis will require a n investment of limited Redevelopment Agency funds.
ENVIRONMENTAL ONMENTAL f E IE :
No environmental review is required for this item. Environmental review will be
necessary for any project that is generated based upon the results of the analysis.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Wall on Tuesday, April 6, 2010 and on the
City's web site o n Wed nesday, April , 2010. No comments were received.
Attachment(s):
1. Tierra West Proposal
Agenda Item II.a.
Page 3
ATTACHMENT 1
T1.1', RRAW'F S 'J"
March 25, 20 1
Via electronic mail
1r. Steven Adams
City Manager
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93421
Subject: Feasibility Analysis
1221 E. Grand Ave.
Arroyo Grande, CA
Dear Mr. Adams:
Pursuant to your request, Tierra West Advisors Inc. "Tierra Vest" hereby proposes to
analyze project alternatives for the redevelopment of the existing shopping center at 1221 E.
Grande Avenue. The assessors parcel numbers of the property are 077-141-027 and 02.
The City of Arroyo Grande ("City"), similar to most cities in C lifo ia, has been negatively
affected by the recent economic recession. City general funds have been reduced. As a
result the City is interested in pursuing activities and developments that would generate new
general fund revenues.
The existing shopping center consists of approximately 87,000 square feet included in
buildings set on a site of approximately 7.18 acres. The owner is receptive to proposals by
the City through its redevelopment agency to redevelop the site. Goals of the redevelopment
would include:
• The new project would be financially feasible to the current owner given the current
market value of the property.
The new project would make a positive contribution to the City's general fund
revenue.
• The redevelopment would not require more assistance from the redevelopment
agency than would be feasible for the agency.
o f , _ r f .k.
Agenda Item II.a.
Page 4
Mr. Steven Adams
March 25, 201
Page
Tierra 'west's scope of services for this analysis would include the following:
I . Meet wi th the p roperty owner an City staff t discuss current market et a ti i r,
interest, rental rates, current tenants, rent proposals, and other information on the
current commercial market.
2. With the assistance o City staff, analy current zoning and general plan
designations on the site to determine the uses that would he allowed. Consider with
staff potential changes that would make the site more marketable.
3 . Analyze area demographics to det ermine the pot entia l demand in the t area.
4 . Survey current competit projects w the trade area to estimate compe titive
� 1-
su pply.
5. Make inquiries with economic development staff of the County of San Luis Obispo t
determine trends in the local economy, identify planned projects and research other
market changes that could affect development feasibility at the site.
6 . Identify a potential development plan for the site, with potential business types.
7. Prepare preliminary financial projections indicating the cash flo for the owner and
City, including the redevelopment agency.
8 . Draft a summary report indicating Tierra West's findings and making
recommendations for the redevelopment of the site.
Tierra West proposes to accomplish the above scope of services o n a time and materials basis
for a cost which shall not exceed $25,000. Tierra West staff time wo he billed at the
following hourly rates;
Classification
Rate
Principal
175
Direct
$160
Senior Associate
$1 55
Associate
$135
Senior Analyst
$115
Analyst'
$105
Research Assistant
5
Wo rd Processor
5
Cle rica l
5
The firm will commence wor upon y our authorization. It is estimate that the assignment
would take between 6 and 8 weeks to complete, assuming availability of information and
responsiveness o f the parties required to complete the assignment. Other terms of the
v
TIERRAWEST
A D V I S O R$
Agenda Item II.a.
Page 5
Mr. Steven Ad ams
March 25, 20 1
Page
assignment will he in accordance with the most recent o n-call contract executed between een the
Arr Grande Redevelopment Agency and Tierra west.
If you wo uld like us to proceed, please execute this letter where indicated below o otherwise
indicate your acceptance in writing and return to this office. Upon approval we will contact
you to arrange the initial interviews and meetings.
Thank you for considering Tierra west for this important assignment. we appreciate the
importance to the City o f generating and preserving general fund revenue, and will diligently
pursue this assignment to identify the Cit y's hest interest.
Respectfully,
TIERRA ST ADVISORS, INC.
y
Tern Mulrenan
V ice P
ACCEPTED
Arroyo Grande Redevel Agency
0
Date:
Steven Adams
Executive Director
qq�
v TIERRAWEST
A D V I S O R S
Agenda Item II.a.
Page 6