Agenda Packet 2010-10-12City Con e1*1
Tony Ferrara, Mayor
Jim Guthrie, Mayor Pro Tem
Joe Costello, Council Member
Chuck Fellows, Council Member
Caren Ray, Council Member
Steven Adams, City Manager
Timothy J. Carmel , City Attorney
Kelly Wetmore, City Clerk
REVISED
AGENDA SUMMARY
CITY COUNCIL MEETING
TUESDAY, OCTOBER 12, 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.
MAYOR FERRARA
PASTOR ROBERT BANKER
OPEN DOOR CHURCH
5. SPECIAL PRESENTATIONS:
5.a. Promotion of Sr. Police Officer Dan Langstaff to Sergeant and Introduction and
Oath of Office to New Police Officer Jeffrey Corral
5.b. Honorary Proclamation Declaring October 2010 as Rideshare Month
6.
6a.
Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY — OCTOBER 12, 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Member may request that any item be withdrawn from the Consent Agenda to permit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
September 16, 2010 through September 30, 2010.
8.b. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Regular City
Council /Redevelopment Agency Meeting of September 14, 2010, as submitted.
8.c. Consideration of Temporary Use Permit Case No. 10 -017 Authorizing
"Halloween in the Village" and Directing Staff to Implement Related Safety
Measures Including No Parking Zones, Street Closures, and Warning Devices
on Sunday, October 31, 2010 (McCLISH)
Recommended Action: Adopt a Resolution approving Temporary Use Permit Case
No. 10 -017 authorizing "Halloween in the Village" and directing staff to implement
safety measures including East and West Branch Streets between Traffic Way and
Mason Street, no parking zones and the detour of automobile traffic on Sunday,
October 31, 2010 along East Branch Street.
AGENDA SUMMARY — OCTOBER 12, 2010
PAGE 3
8. CONSENT AGENDA (cont'd)
8.d. Consideration to Approve the Construction Plans and Specifications and adopt
a Mitigated Negative Declaration for the Construction of Reservoir #6 on
Stagecoach Road and Oro Booster Station Upgrade (McCLISH)
Recommended Action: 1) Adopt a Resolution adopting the Mitigated Negative
Declaration and approving construction documents and specifications prepared for
Reservoir #6 and the Oro Booster Station Upgrade; 2) Approve the Mitigation
Monitoring Plan in compliance with CEQA Section 15097; and 3) Direct the City Clerk
to file the Notice of Determination.
8.e. Consideration of Third Extension of Agreement for Contractor Street Services
with SP Maintenance Services, Inc. (ADAMS)
Recommended Action: Approve a Third Extension of the Agreement with SP
Maintenance Services for street sweeping services.
8.f. Consideration of Lease with Re /Max Del Oro for the Existing City Hall Building
at 214 East Branch Street (ADAMS)
Recommended Action: Approve a lease with Re /Max Del Oro for the existing City
Hall building at 214 East Branch Street.
8.g. Consideration of Letter to the Board of Supervisors Regarding Zone 3 Water
Supply Contract (ADAMS)
Recommended Action: Authorize the Mayor to send the proposed letter to the
Board of Supervisors on behalf of the City.
8.h. Consideration of Amendment to Development Impact Fee List of Transportation
Improvement Projects (ADAMS)
Recommended Action: Adopt a Resolution amending the development impact fee
list of transportation improvement projects to incorporate widening of Le Point Street.
8.i. Consideration of a Public Facilitv Fundina Aareement for the Reconstruction of
Short Street and offsite Sewer Imarovements in Connection with the "Shoos at
Short Street" Promect (McCLISH)
Recommended Action: 1) Approve an agreement to provide payment of costs
associated with the reconstruction of Short Street and offsite sewer improvements
associated with the "Shops at Short Street" project; and 2) Appropriate $20,000 for
the offsite sewer improvements from the Sewer Fund.
8.j. Consideration of Summary Vacation of Small Unused Portion of Short Street
Not Required for Street Purposes (ADAMS)
Recommended Action: Adopt a Resolution summarily vacating a small unused
portion of Short Street not required for street purposes.
9. PUBLIC HEARINGS:
None.
AGENDA SUMMARY — OCTOBER 12, 2010
PAGE 4
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
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.
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
AGENDA SUMMARY - OCTOBER 12, 2010
PAGE 5
* * * * * * * * * * * * * * * * * * * * * * * **
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.org
* * * * * * * * * * * * * * * * * * * * * * * * **
City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.org
pRR0r
OE c P
INCORPORATED 9 . L
g
it fit? 10, 1911
c 4t IFORN ‘P
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER .>
SUBJECT: REVISED AGENDA FOR OCTOBER 12, 2010
DATE: OCTOBER 8, 2010
Attached is a revised Agenda which adds Consent Agenda Item 8.j. A staff report and
resolution will be distributed on Monday. The revised Agenda has been posted in
accordance with the Brown Act (within 72 hours prior to the meeting).
If you have any questions, please call me at 473 -5408.
c: City Attorney
City Clerk
5.a. Promotion of Sr. Police Officer Dan Langstaff to
Sergeant and Introduction and Oath of Office to
New Police Officer Jeffrey Corral
Agenda Item 5.a.
Page 1
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.a.
Page 2
t
f
CITY OF
C
ire
Z.� W'X, W� V
octo&r i
2*io as Iti&sfime monW
WHEREAS, the city of A rro yo Grande recognizes th at 78 percent of commute in Sari L uis Obi
County commute to work by driving alone, which significantly contributes to air pollution, congestion
and decreased duality of Ilfe locally and throughout the state; and
WHEREAS, the City of Arroyo Grande recognizes transportati n choices including carpooling,
.vanpooling, taking the bus, walking, biking or working from home to preserve air and water quality,
Improve personal health, reduce c ongestion,. reduce commuter cost, reduce parking demand and
reduce demand on foreign oil* and
WHEREAS, SLO Regional Ridesh a division of th San Luis Obispo Council of G overnments,
supports clean air, reduced road congestion and transportation choices for people living, working and
visiting San Luis Obispo County; and
WHEREAS, SLG Regional Rideshare executes the annual campaign for Rideshare Month and the 201
theme is Commute for Cash Challenge; and
WHEREAS, Rideshare Month 2010, sponsored by SLG Regional Rideshare works with Regional Transit
Authority, Paso Express, North County Shuttle, SLG Transit Cal Poly, Air Pollution Control District,
Ride- Transportation, Enterprise Vanpool and VPSI to encourage people to take the Commute for
Dash Challenge; and
WHEREAS,, employees and employers are encouraged to register online for the Rideshare Month
Commute for Dash Challenge making them eligible to win their commute savings in cash along with
random daily and weekly prizes; and
WHEREAS, Rideshare Month will include Transit Week where participants can ride the bus for free;
Vanpool Week where vanpoois.will receive discounts; Carpool Week where carpools can wiry free gas;
and BikeMalk Week with Bike Breakfasts, safety workshops and free repairs.
NOW, THEREFORE, BE IT RESOLVED, that 1, Tong Ferrara, Mayor of the City of Arroyo Grande, on
behalf of the City Council, do hereby proclaim October as "'Rideshare Month" in the City of Arroyo
Grande.
IN WITNESS WHEREGF,1 have hereunto set my hand and caused the
Seal of the City of Arroyo Grande to be affixed this 1 day of October 2 010.
Oiler o
Tony Ferrara, Mayor o INCORPORATED 7
r JULY r o_ 1911 �
Benda Item 5.b.
Page 1
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 5.b.
Page 2
p
0
INCORPORATED
.JULY 10, 191 1
1 %�
TO: - CITY COUNCIL
MEMORAN
FROM: ANGELA K AETBCH, DIRECTOR OF ADMINISTRATIVE SE ICE lk
BY: FRANCES R. HEAD, ACCOUNTING SUPERVISO
SUBJECT: CONSIDERATION O CASH D ISBURSEMENT RATIFICATION
DATE: OCTOBER '12, 201
RECOMMENDATION:
N:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period September 18 through September 8, 2010.
FINANCIAL IMPACT:
There is a $1,1 08,709.88 fiscal impact that includes the following items:
0 Accounts Payable Checks 147043-147241 $ 639
Payroll Checks & Benefit Checks $ 468,788.80
BACKGRO
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's
Purchasing Policies and Procedures Manual of February 2000.
ANALYSIS OF ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2010-11
budget.
ALTERNATI
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
OCTOBER 12, 2010
PAGE 2
ADVANTAGES:
The Administrative Services Department monitors payment of invoices for
accountability, accuracy and completeness using standards approved by the
Council.
• Invoices are paid in a timely manner to establish goodwill with merchants.
• Discounts are taken where applicable.
DISADVANTAGES:
No disadvantages have been identified as long as city council confirms all
expenditures are appropriate.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 7, 2010. The Agenda
and report were posted on the City's website on Friday, October 8, 2010. No public
comments were received.
Attachments:
1. September 1 — September 30, 2010 — Accounts Payable Check Register
2. September 2, 2010 — Payroll check & Benefit Checks Register
Agenda Item 8.a.
Page 2
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Page: 1
ATTACHMENT I
apCkH!t
Check History Listing
1 010412010
:5 AM
CITY OF ARROYO GRANDE
Bank code; boa
Check #
Date Vendor
Status Clear/ Void Date Invoice
Inv. Date
Amount Paid
check Total
0
0912312010 000164 CHRISTIANSON CH EVROLET
72980
0412612010
229.16
73769
06123/2010
184.66
72701
0410112010
54.17
73628
0611412010
51.40
72828
0411212010
51.23
72823
0411212010
51.16
72313
0411212010
51.16
72991
0412612010
51.16
73
0610512010
5
73470
0610112010
51.16
72512
03/1912010
50.76
CREDIT
0613012010
- 877.18
0.0
147043
09/1612010 008091 ARACELI AGUILAR
091 310
0911312010
187,50
187.50
147044
0911612010 008092 ROGER ALLAN
091310
0911312010
30.00
30.00
147045
0911612010 008093 STEPHANIE ALLEN
091310
0911312010
25.00
25.00
147046
0911612010 006130 ALLIANCE READY 11I'II, INC
11797
0812612010
381.00
381.00
147047
09/16/2010 008094 TERI ANDRICH
091610
0911612010
212.00
212.00
147048
0011612010 005180 APEX OUTDOOR POWER
30902
0812012010
81.29
81.29
147049
0911612010 001146 ARROYO RANCH COMPANY
11
0610112010
2,910.00
2,91 0.00
147050
0911612010 006607 AT
158733'
0812612010
2,195.18
1587332
0812612010
2 76.85
4,371.83
147051
0911612010 001918 CITY OF ATASCADERO
091510
0911512010
3,032.16
082310
0812312010
409.68
3
147052
0911612010 005005 BOY SCOUTS OF AMERICA
091410
0911412010
90.60
90.60
147053
0911612010 000090 BRISCO MILL & LUMBER
145526
0811112010
54.36
145742
09/08/2010
12.16
66.62
147054
0911612010 000105 CA CONTRACTORS
86021
0812712010
181.09
181.09
Page: 1
apDkHit
Check History Listing
Page:
10/04/2010
:9AA
CITY OF ARROYO GRANDE
Bank code: boa
Check
Date Vendor
Status Iearl oid Date Invoice
Inv. Date
Amount Paid
Check Total
147055
0911612010 007571 CAL POLY CORPORATION
AF042106
06!2512010
1
1
147056
09116/2010 090994 CALVARY CHAPEL
091316
09/13/2010
75.00
75.00
147057
09116/2010 008095 CAPTIVE HEARTS
091310
09/13/2010
130.00
130.00
147053
09116/2010 000603 CARUEST AUTO PARTS
7314 - 431417
08/26/2010
224.76
7314-426468
08/03/2010
106.51
7314 - 429295
08116/2010
70.42
7314 - 432301
03131/201
37.87
7314 - 431474
0812612010
6.79
446.35
147059
09/16/2010 000149 CENTRAL COAST FENCE,
LW 2010-06
0911412010
32,671.80
32,671.80
1 47000
0911612016 000160 CHAPARRAL
322310
0910112010
131.03
131.03
147001
09116/2010 000163 CHERRY LANE
23303
0811912010
94.54
28817
03130/2010
59.78
154.32
147062
0911612010 000175 COAST NUT & BOLT
39135
0813112010
619.68
619.88
147063
0911612010 090173 COLD CANYON LANDFILL,
TICKET 02- 577716
09/10/2010
9.00
9.00
147064
09/16/2010 095997 COOK PAGING INC
3048062
0910112010
296.64
296.64
147 065
0911612010 007710 COUNTY OF SAN LUIS
091019
0911612010
3,163.96
8,188.96
147066
0911612010 000195 CRYSTAL SPRINGS WATER
14273
08131/2010
33.80
0999787
0813112010
5.00
38.80
147007
09/16/2010 005091 JOHN DEERE LANDSCAPES
55668841
0812712010
277.01
55637042
0813012010
11.05
288.06
147068
09116/2010 006848 DNB INDUSTRIAL SUPPLY
116693
0910912010
234.24
234.24
D
147009
0911612010 007985 WILLIAM R DYER
6149
0910812010
2,893.48
2
147070
0911612010 008096 EN1 1S PAINT INC
10179144
0910112010
1
1,496.25
CL
0
_
147071
09116/2010 603046 FAI
2010 -463
07/0912010
17 ,31.00
17
17,391.00
147072
0911612010 000240 FARM SUPPLY
405987
0810312010
397.69
M 00
411231
06/09/20'10
3'14.29
iD
Page:
ap kHiet Check History Listing Page:
1=412090 : 9AM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status Clean id Date Invoice Inv. Date Amount Paid Check Total
147073 09/16/2010 004372 GAMING TAYLOR
147074 09/1612010 000605 THE GAS C OMPANY
147075 09116/2010 000286 CITY OF GROVER BEACH
147076 09/16/2010 002983 SCILEY HARRIGAN
1 47077 09/16/2010 006097 JODY HARSH ARGE1
147078 09/16/2010 006644 IRON MOUNTAIN
1 47079 0911 6/2010 008093 TIM LOPE
147080 09/16/2010 000393 LUCIA MAR UNIFIED SCHOOL
t�
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t�
M 00
CA 0
147081 0911612010 008099 ANDREA IIJfCG01J't/AN
147082 09116/2010 000426 MIER EROS LANDSCAPE
418158
08/1712010
291.67
13378
08/11/2010
188.36
11 280
08/09/2010
1 52.10
408391
08/0512010
07.85
420185
08/19/2010
65.12
407311
0810412010
48.65
419620
08118/2010
8.09
426334
08/26/2010
6.47
1,570.29
10702
07/31 12010
1
1, 645.00
9/1
09/0112010
69.57
911 -211
09/01/2010
35.16
913 -200
09/0312010
33.95
9/8 -910
0910812010
21.34
913 -203
09/0312010
18.44
9/8
09108/2010
1 4.79
9/3-215
09103/2010
1.03
913 -21
09/0312010
1.03
195.31
062310
08123/2010
283.04
283.04
991310
09/13/2010
80.00
80.00
091310
09/13/2010
30.00
30.00
C G E6800
08/31/2010
150.
1 50.12
091310
09/13/2010
255.00
255.00
1 10045
09/01/2010
400.00
110036
09/01/2010
287.50
11 0047
0919112010
187.50
110040
0910112010
100.00
975.00
091610
09116/2010
150.00
150.00
170170
08/30/2010
158.78
169569
08/1212010
140.29
169217
08/0312010
108.75
170174
08/80/2010
108.75
Page:
arp kMist
1010412010
Che History Listing
CITY OF ARROYO GRANDE
P ag e: 4 .
Bank code. boa
Check #
Date Vendor
status ClearNoid Date Invok
Inv. Date
Amount Paid
Check Total
169775
0811 812010
87.00
170228
08/3112010
75.04
169492
08110/2010
70.69
1 69995
812512010
42.41
189251
08!0412010
30.45
822.16
147083
09/1612010 007760 O LIVIA HILLER
2019.310
0712712011
67.50
67.50
147084
0911612010 000429 MINER'S ACE HAR
#41650
0712212010
57.59
K47120
09109/2010
25.75
K46557 557
0910512010
14.8
K46461
0910412010
1
K
091131201
12.13
K33219
/�
0
4.88
47076
/ 3 / 201,.F
0910912010
3.12
13
1 47085
0911612010 000437 CITY OF MORRO BAY
090810
0910812010
1,368.56
1,368.56
147088
0911612010 007112 MUNICIPAL CODE CORP
126700
08/27/2010
923.68
923.68
147087
0911612010 007481 AI 1 E E N E F F
091310
09113120/0
30.00
30.00
147088
0911612010 008100 MELISSA O'NEAL
091310
0911312010
30.00
30.00
147089
0911612010 000101 ,JOEY PADGETT
091010
09!10/2010
49.78
49.75
147090
0911612010 000484 CITY OF PASO RO LES
060910
0910912010
1,901.60
1,901.60
147091
0911612010 008896 POSTAL CONCEPTS
16285
0813012010
53.18
53.18
147092
0911612010 002870 R ICOH LEASING
6996033
0911512010
162.42
162.42
147093
09116/2010 003031 ROBERTSON SUPPLY
08668
08/31/2010
216.74
216.74
147094
0911 8!2010 002 142 SAN LUIS PAPER CO
608144
0812612010
323.37
608143
0812612010
405.64
c>
607941
0812312010
160.52
11389-53
C
147095
0911612010 000575 SANTA MARIA TIRE, INC
561891
00101/2010
495.95
495.95
147096
0911612010 003838 SILVAS OIL COMPANY, INC
246556
09/02/2010
3
3,44 .17
A �
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M
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A
Page■ 4
apCkH t
Check History Listing
Page. 5
10/04/2010
8:59AM
CITY OF ARROYO GRANDE
Bank coda. boa
Check #
Date Vendor
Status Clear/Void Date Invoice
Inv. Date
Amount Paid
Check Total
147097
09116/2010 003641 SOUTH COUNTY SANITARY
3048967
0910112010
224.32
3048511
09/01/2010
224.32
3048726
09/0112010
212.32
3049200
0910112010
11.82
672.78
1 47098
09/1612010 000602 SOUTH SLO COUNTY SANIT
0881
0813112010
147,372.57
147
147099
09/16/2010 001696 SOU A CONSTRUCTION, INC
P 112010 -08
09/15/2010
258
268
1471
0911612010 004393 SP MAINTENANCE
32253
0910112010
6
6
147101
0911612010 000620 STREAT R PIPE & SUPPLY
51159305.001
0813112010
761.20
S1 164127.00 1
0812512010
171.44
S1 164634.001
08131 12010
94.60
51164582.001
0813112010
27.96
1 ,058.10
147102
09116/2010 000638 TH MA ELECTRIC, INC
10- 8090 -01
0810912010
300.00
300.00
147103
0911612010 008102 LUCIA THORNSB RY
091310
0911312010
30.00
30.00
1 47104
09/1612010 008042 TOM'S AUTO SERVICE
85
09/01/2010
69.27
69.27
147105
09/16/2010 002137 V ERIZON WIRELESS ELE S
0899876538
08122/2019
71.
71.38
147106
09/16/2010 002609 WATERBOYS PLUMBING
090910
0910912010
10,229.48
16113
08/3112010
190.00
10,419.48
147107
09/1612010 007364 THE WELL FOURSSQUARE
091310
09/1312010
30.00
30.00
1471
09/1712010 000603 CARQ U ST AUTO PARTS
7314-424109
0712312010
151.88
151.88
147 116
0912112010 000553 SLO COUNTY
092010
0912612016
25.00
26.09
147117
09/21/2010 000039 CITY OF ARROYO GRANDE
V 09/2212010 530136001
0812112010
1 80.51
V 09/2212010 530132501
0612112010
174.64
c�
09/2212010 530130001
0812112010
136.11
491.16
147118
09121/2010 000096 BURTON'S FIRE, INC.
65297
09108/2010
155.55
155.55
CL
0
147119
0912112010 000603 CARQUEST AUTO PARTS
7314 - 433839
09/07/2010
69.22
7314 - 454581
09110/2010
45.61
o0
7314 - 433798
0910712010
39.67
�iD
Page:
apkHist
Check History Listing
P ag e:
19!94/2019
:5 AM
CITY OF ARROYO Y RANDS
Bank code; boa
Check #
Date Vendor
Status Clear/Void Date Invoice
Inv. Date
Amount Paid
Check Total
7314 - 433797
99!9712010
38. 55
1 93.05
147120
0912112019 999429 MINER'S ACE HARDWARE,
K47619
09/14/2010
32.58
K46450
09103/2010
17.38
47046
0919012010
14.12
K33250
0911312010
11.95
1447027
0910812010
8.68
04.71
1471
99/21/2010 000441 M LLAHEY FORD
1 38305
08/31/2010
270.53
138097
08/24/2010
65.96
138709
0312512010
65.06
1 38701
08/24/201
58.82
1 38691
081251201
52.93
514.00
147122
9912112010 002751 RANGE MASTER
4436
09103/2010
132.05
4476
08/311201
104.85
4479
0812712910
21.74
255.85
1471
09/2112019 000575 SANTA MARIA TIRE, I NC
561928
09/03/2010
41 9.03
419.03
147124
09123/2010 008107 AUSTIN ALLEN
Ref990106017
0912112910
5.31
5.31
147125
09/23/2010 008106 LAYLA A ALA
R f099106016
0912112910
44.48
44.48
147126
0912312010 008129 JAMES F B4 LING 11
R f 9010602
09122/2019
21.92
21.02
147127
99!2312010 098104 CARLY CARL HARNEK
Ref000106014
0912112910
43.39
43.39
147128
99!2312010 008119 BRIAN M EE KS
Ref0901 06022
09!2212010
100.98
100.93
147120
99/23/2010 008103 SCOTT ROBERTS
Ref000106013
09121/201
46.93
46.93
147130
99/23/2919 008105 BREANA STACHURA
R
09121/2010
39.87
39.87
1
0912312019 007296 ABTA
991510
0911812910
70.00
70.00
c>
147132
09/23/2010 005890 CANNON
49332
08!3112019
5 0 0
250.00
147133
0912312010 099174 COASTLINE I E
3969581
08/17/2010
85.84
3.84
0
147134
0912312010 008594 LAWRENCE RUCKER
092119
09/21/2010
132.00
132.00
c�
147135
9912312010 007926 AMANDA S U C H E K
081 710
08117/2910
40. 0
40.00
M 00
00 iD
Page:
p kH! t Check History Listing P 7
10/04/2010 8: 9AM CITY OF ARROYO GRANDE
Bank code: boa
t�
c�
CL
0
t�
M 00
Check # Date Vendor
147136 09/24/2010 004815 AIRGAS WEST INC
147137 09/24/2010 003817 All EI I PI I DE UNIFORM S CS V 09/24/2010
147138 09!24/2010 00301 A IEI IP# IDE UNIFORM SV
Status ClearNoid Date Invoice
103107243
151 0004404
1 500150347
1500161710
1 5001 50343
15001617'2
1500144742
1500155969
1500167503
1500150342
1 500150340
1
1500144
1500155976
1500
1500167511
1500144748
1500155974
1500167509
1500144751
1500155977
1500107512
1500150335
1500101705
1500155978
1500144752
1500' 50344
1500101713
1500187513
1 500144745
1500155972
1500167506
1500161715
1500150343
Inv. Date Amount Paid Check Total
08/31/2010 33.81 33.81
06/17/2010
08/03/2010
08/24/2010
08/10/2010
08/24/2010
08/03/2010
08/1 7/2010
08/31/2010
08/10/2010
08/1012010
08/24/2010
08/03/2010
0811 7/2010
08/2412010
0313112010
03/93/2010
08/17/2010
08/31/2010
08/03/2010
08117/2010
08/31/2010
08110/2010
03/24/20'
08/17/2010
9810312910
08/1 0/2010
081241201
08/31/2010
08/03/2010
08/17/2010
08/31/2010
08/24/2010
08110/2010
0.00
0.00
44.99
29.00
29.00
23.52
23.02
20.25
20.25
29.25
1 9.70
19.50
19.59
19.20
19.20
19.20
19.20
18.00
1 8.00
18.09
1 7.02
1 7.02
17.02
17.00
17.09
15.50
15.00
15.00
15.00
1 5.00
1 0.50
10.50
10.50
7.75
7.25
Page: 7
apCkHist Check History Listing P age: 8
1010412010 8: 9AM CITY OF ARROYO YO GRANDE
B an k code: boa
Check # Date Vendor Status Clear/Vold Date Invo Inv. Date Amount Paid Check Total
D
t�
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CL
0
U3
c�
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o�
147139 09124/2010 008175 AQUA SALES
147140 09124/2010 000299 ARROYO GRANDE HARVEST
147141 09/24/2010 005507 AT & T
147142 09/24/2010 000055 B & T SVC STN
147143 09124/2010 000057 R BAKER, INC
147144 09124/2010 005726 BRENNTAG PACIFIC IN
147145 09124/2010 000129 CA BT EMPLOYMENT REVEL
1 5001 55975
1500150341
1500167510
1500144755
1500155981
1500167516
1500144749
1500161710
1500144743
1500155970
1500167504
1500144753
1500167515
1500150345
1500155979
15001 61714
1500107514
1500144754
1500155980
1500144744
1500155971
1500167505
0034324 -IN
092110
917 -0183
917 -7480
917 -3959
917 -3956
13070
10 -06 -4309
BP1032423
082710
08/1 712010
7.00
08/1 012010
6.50
08/31/2010
6.50
08/03/2010
6.00
0811 7/2010
6.60
08/3112010
6.00
08/0312010
6.00
08124/2010
6.00
08/03/2010
6.00
0811 7/2010
8.00
08/31/2010
6.00
08103/2010
3.50
0813112010
3.60
08110/2010
3.00
08/1712010
3.00
08/2412010
3.00
08/31/2010
3.00
08/03/2010
3.00
08/1712010
3.00
08/0312010
3.00
08/17/2010
3.06
08/31/2010
3.00
09/0212010
1
09/2 12010
500.00
09/0712010
1 88.64
09107/2010
68.81
09/07/2010
32.30
0910712010
32.30
08/31/2010 146.00
09/0212010
884.23
09113/2010
1
0812712010
8
703.84
1 , 043.95
600.00
318.85
145.00
884.23
1,386.20
8,509.00
Page: 8
D
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a pkHit
Check History Listing
P a g e:
1010412010
8 :59AM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date Vendor
Status ClearNold Date Invoice
I nv. Date
Amount Paid
Check Total
147146
09124/2010 006259 APTO A ASSOC OF
092310
09123/2010
40.00
40.00
147147
0912412010 000603 CARQUEST AUTO PANTS
7314 - 432316
98/3112010
6.14
6.14
147148
09/24/2010 003188 CELLULAR ONE
00524
09/2112010
54.88
54.88
147149
0912412010 001990 CHANTER
082810
0812812010
221.98
221.98
1
09/24 #2010 006039 CHEVRON & TEXACO CARD
26505368
09106/2010
56.33
147151
0912412010 000164 C HRISTIANSON CHEVROLET
73989
07108/2010
247.82
73889
07101/2010
229.16
74144
08/0212010
1 33.50
7401
0710912010
51.16
74297
0810212010
51.16
74696
09/01/2010
51.18
43998
0710812010
48.98
74547
0812012010
48.98
74532
08119/2010
48.98
74507
08 #1812010
45.57
CREDIT #74532
08 #19 #2010
- 29.4'
Df EDIT##74507
08 #18/2010
-45.57
CREDIT #73998
07 #08 #201 0
-48.98
E D IT#74015
07/0912010
- 51.16
CR E D IT#74297
08 #02/2010
-51.16
CREDIT #741
08/02/2010
-1 33.50
CREDIT #73889
07 10112010
- 229.16
CREDIT #73989
07/0812010
- 247.82
119.71
1471
0912412010 006445 CLEMENT
112046 -75
0910312010
230.55
230.55
147153
09/2412010 005777 CONTRACTORS
7480
0010812010
270.90
270.90
147154
0912412010 007825 CRUZ ENTERPRISES ISES II TL
1118
08 #0212010
481.70
481.70
147155
09/2412010 000195 CRYSTAL SPRINGS WATER
70931
09/02 #2010
17.85
63949
09102/2010
15.40
33.25
147150
09/2412010 004622 CULLIGAN INDUST.WATE
102597
09107/2010
84.83
84.83
Page:
app k .i t
Check History Listing
Page 1
1019412010
8: 9AM
CITY OF ARROYO GRANDE
Bank code.
boa
Check #
Data Vendor
Status ClaarlVold Date Invoice
I nv. Date
Amount Paid
Check Total
147157
09124/2019 008112 BOB DICHIANN
090810
0919812019
1,200.00
1
147158
09124!2019 007129 TERRY ENDER
092110
9912112910
126.90
126.00
147159
9912412019 007743 FAMC N PIPE AND SUPPLY
1 23788
9919812919
261.09
261.99
147160
0912412019 090249 FARM SUPPLY CO
435413
09!97/2919
51.19
51.1
1
9912412019 097577 FAST UNDEICAR
104720
9813912919
79.49
104721
9813012919
37.46
116-86
1 4716 2
09/2412019 091 953 TONY M FERRARA
092110
0912112919
339.93
339.93
1 4716 3
0912412919 098113 FITNESS CHALLENGE
092010
9912012919
10.99
10.99
1
0912412919 094799 DEANNA FLYD
092110
9912112919
48.09
48.99
147165
0912412919 096833 FORD MOTOR CREDIT
ACCT 5554100
09/23/2010
16,867-32
16,867-32
1471
09/2412019 909605 THE GAB COMPANY
911 - 1 375
09/1412010
11 4.43
9114 -111
0911412919
199.51
9/14 -359
091141291
71.95
9113 -209 N
99/1312919
39.99
326.88
147187
09124/2919 008058 RODNEY GRAY
092110
09/21/2010
40.90
40.99
147188
09124/2919 000288 CITY OF G ROVER BEACH
09211
09/21/2010
358.99
358.00
147109
9912412910 000288 CITY O F DROVER BEACH
091410
09/1412919
79.77
79.77
147170
0912412919 092405 CHUCK HARE
092110
0912112919
119.90
110.99
147171
0912412919 902829 INDFF, INC
1721444
0919312019
146.89
146.89
147172
09/24120'1 0 005201 JAS PACIFIC
13110552
09/9212019
5
5
D
147173
09124/2919 007299 GAST N 1 ETTING OLIVIER
99211
9912112919
289.09
280.99
c�
147174
09124/2910 095511 CHRISTOPHER LINTNER
992110
99/21/2919
124.09
124.99
147175
09124/2919 991138 DOUG LINTNER
992110
09/21/2010
132.09
132.09
147176
0912412019 009393 LUCIA MAR UNIFIED SCHOOL
1 10074
99!97/2910
1
c�
�F
N�
Page: 10
apCkH!at
10104/2010
Check History Listing
CITY OF ARROYO GRANDE
Page: 11
Bank code. boa
Check
Date Vendor
Statue ClearNold Date Invoice
Inv. Da
Amount Paid
Check T
119075
99107/291
112.50
110079
09/07/
82.50
1 10983
09/07/2010
32.50
1,782-88
147177
09124/2010 000411 MARTIN & CHAPMAN CO
210536
09/10/2010
26.58
26.58
1 4717 8
0912412010 00811 GREG MEYER
091
09114/2010
54.43
54.43
147179
09/2412010 000429 MINER'S ACE HARDWARE,
K406
09/0912010
46.51
K4032
09/99/2910
26.08
K45
09/0312010
22.61
K47055
99/09/2010
11.40
K46771
0919712010
4.34
k45515
03/2612910
1.95
K2894
09/09/2010
1.95
11 4.84
1
09/24/2010 006705 ON TRAC
6909579
09/04/2010
5.00
5.00
147181
09124/2010 000481 PACIFIC GAS & ELECTRIC
9111 -520838
09111/2010
291.58
9111 781298
09/111291
22.14
9/13-190318
09/13/201
9.17
322.89
147182
0912412910 007198 PARAMOUNT CLEANERS
3287
08/31/2010
501.00
501.00
1 47183
99/24/2010 004221 PERIMETER SECU
360994
09/02/201
125.99
125.00
1471
09/2412010 000497 CITY OF PISMO BEACH
092310
09/23/2010
3,639.92
3
1 47155
09/24/2010 992 PR
01 85090494
981231201
208.49
208.49
147186
0912412010 002751 RANGE MASTER
4348
0811112010
5.43
5.43
1
0912412010 002825 RESERVE ACCOUNT
092310
0912312010
1 1 200.00
1
147188
09/2412010 000531 RCHETTI COMPLETE WATER
84772
0910112010
15-00
15.00
1
0912412010 003849 CHARLES D (DON) RUIZ
992110
0912112010
72.00
72.00
c�
147190
09/2412010 000538 S & L SAFETY PRODUCTS
452655
08/26/2010
1
173.89
147191
0912412010 000545 CITY OF SAN LUIS OBISPO
091310
09/13/2010
9
992019
0912012010
850.45
9
�F
w�
Page: 11
a kHist
Check History Listing
Page: 12
10104/2010
8:59AM
CITY OF ARROYO GRANDE
Bank code:
boa
Check #
Date Vendor
Status Clear/Vold Date Invoice
Inv. Da
Amount Paid
Check Total
147192
09/24/2010 002 SAN LUIS PAPER CO
608757
09/0312010
878.23
60890
09/07/2010
- 1.11
337.12
147193
09/24/2010 007416 JULIO SANC EZ
020880150371
09/06/2010
150.00
180.00
1 47194
09/24/2010 006080 MARTINA SAR IIENTD
092110
09121/2010
20.00
20.00
1 47195
09/24/2010 000681 SUSAN S E- L I F FO RD
10-0902-6
09102/2010
12, 603.78
1203.78
147196
09124/2010 000564 SLO COUNTY NEWSPAPERS
6900329
08/2912010
631.27
6904210
9/1312010
328.00
690091
0812912010
130.06
6902180
08/1812010
130.05
6904412
0812712010
66.47
1, 286.84
1
0912412010 000598 SNAP -ON TOOLS CORP
1 99861
09108/2010
400.20
199067
09/0112010
126.97
627.17
147198
0912412010 000609 BOB SPEAR
092110
0912112010
110.00
'110.00
147199
0912412010 008072 TERIIINEX INTERNATIONAL
090110
0910112010
609.00
609.00
147200
0912412010 005305 TODD ENGINEERS
092110
0912112010
15,093.20
092310
0912312010
61847-63
21,940-83
1 47201
0912412010 006552 TRAUB ASSOCIATES
967
0911612010
7,952.00
7
147202
09/24/2010 006551 UNITED STAFFING ASSOC.
071 551
0910812010
1
1,063.60
147243
0912412010 006364 UNIVERSITY ENTERPRISES
091610
0911612010
109.04
109.04
147204
0912412010 0077231 VILLAGE FRAMING
3103
0911512010
268.27
258.27
147205
0912412010 008116 JULIE WAGNER
092010
0912012010
36 -00
36.00
D
147206
09124/2010 002609 WATERBO S PLUMBING
10150
09/0212010
130.50
130.50
147207
0912412010 000689 WEST PAYMENT CENTER
8212762 58
09/01/2010
157.0
157.50
CL
147208
0912412010 008118 ROXANNA ZARNEGAR
092010
0912012010
80.00
80.00
147214
0912812010 001432 ALL TAR FIRE EQUIPMENT,
146346
0911412010
277.05
277.0
c�
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apCkH! t
Check History Listing
P 13
10104/2010
8 :69AM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date Vendor
Status Dle rNoid Date Invoice
Inv. Date
Amount Paid
Check Total
147215
09/28/2010 005709 AMERICAN MESSAGING
L5- 245715
09/15/2010
11.41
11.41
147216
09/23/2010 003108 CITY OF ARROYO GRANDE
530135001
08/21/2010
180.51
530132501
08/21/2010
174.54
530130001
08/21/2010
1 36.11
491.16
147217
09/28/2010 005507 AT & T
917 -3953
09/07/2010
32.30
32.30
14721
09/28/2010 000096 BURTON'S FIRE INC.
65071
09/1 6/2010
1 63.17
168.17
147219
09/28/2010 000198 L N CURTIS & SONS
11996210/
09/14/2010
64.71
64.71
147220
09/28/2010 008123 FIRST LINE GLOVES ES I NC
27161
09/09/2010
77.13
77.13
147221
09/28/2010 004772 FISHER SCIENTIFIC CO LLC
2560404
09/07/2010
396.51
308.51
147222
09/28/2010 000605 THE GAS COMPANY Y
9/14 -701 ROCK AWAY
09/14/2010
316.86
316.86
1 47223
09/28/2010 000288 CITY OF GR1ER BEACH'
ACCT 14073
09/14/2010
75.69
ACCT 14072
09/14/2010
81.21
126.90
1 47224
09/28/2010 000468 OFFICE DEP
532131 054001
09/01/2010
11.66
11.65
1 47225
09/2812010 002751 RANGE MASTER
4514
09/13/2010
558.96
4480
08131/2010
485.91
4499
09/09/2010
346.80
4497
09/09/2010
304.28
4500
09/0912010
234.08
4498
09/0912010
182.87
4502
09/09/2010
176.88
4520
09/14/2010
165.26
4504
0910912010
106.56
4522
09/1 5/2010
103.1
4496
0910912010
161.07
D
4501
09109/2010
62.21
4524
09/15/2010
34.60
C
4503
09109/2010
21.74
4323
08/06/2010
- 173.93
2
147238
09/30/2010 007710 COUNTY OF SAN LIT
092710
09127/201
1
1 1 102.24
�F
Page: 13
apCkHist
Check History Listing
Page: 1
10/0412010
8:59AM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date Vendor
status ClearNo Date Invoice
Inv. Date
Amount Paid
Check Total
147239
09/30/2010 007571 CAL POLY CORPORATION
092010
09130/2010
2
2
147240
0913012919 907892 CALIFORNIA STATE PARKS
090410
0910412010
949,99
949.99
1 47241
09/30/2010 000545 CITY OF SAN LUIS OBISPO
092510
0912512010
1,300.90
1,300.90
boa Taal: 639
176 checks in this report Total Checks: 639
D
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Page: 14
ATTACHMENT
CITY of ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
TION
PAY PERIOD
91312019 - 9/161201
09124/18
FUND 019
396
FUND 220
16
FUND 226
1,890.48
FUND 284
3,612.55
FUND 266
1
FUND 290
199
FUND 612
5
FUND 640
26 + 893.45
Holiday Pay
466
OVERTIME BY DEPARTMENT:
T:
Adman. support Services
-
Community Development
-
Polle
'19,738.04
Fire
5
Govrnment Bldg paint.
-
Engfneering
-
Fleet Maintenance
-
Parks
-
Fecreation - Adrn
-
ec - Special Events
-
hildren In Motion
-
S to Sport Complex
-
Public Works s Maint nance
896.84
5123
17,083.54
5101
Salaries Full time
296,959.52
5102
salaries Part -Tire - PPT
1 5,694.15
5193
Salaries Part - Time - TPT
27,558.94
5195
Salaries OverTime
17,683.54
5107
Salaries Standby
357.00
5168
Holiday Pay
16,684.62
5109
Bich Pay
5,211.82
5110
Annual Leave Buyback
-
5111
Vacation Buyback
466.95
5112
sick Leave Buyback
5113
Vacation Pay
12,390.44
5114
Comp Pay
4,003.92
5115
Annual Leave Pay
6
5121
PERS Retirement
78
5122
social Security
21,864.57
5123
PADS Retirement
553.49
5126
State Disability Ins.
1
5127
Deferred C ompensation
736.59
5131
Health Insurance
43,602.48
5132
Dental Insurance
4
5133
Vision Insurance
1
5134
Life Insurance
590.01
5135
Long Terra Disability
988.68
5143
Uniform Allowance
-
5144
Car Allowance
675.00
5146
Council Expense
-
5147
Employee Assistance
222.30
5148
Boot Allowance
-
5149
Motor Pay
159.66
5150
Bi- Lingual Pay
125.00
5151
Cell Phone Allowance
340.00
466, 753.80
Agenda Item 8.a.
Page 17
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.a.
Page 18
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVEL PMENT AGENCY
TUESDAY, SEPTEM ER 14, 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
7:10 p.m.
2. ROLL CALL
City Council /RDA: Council /Board Member ber wren Ray, Council /Board Member Chuck
Fellows, Council /Board Member Joe Costello, Mayor Pro Tem ice Chair
Jiro Guthrie, and Mayor/Chair Tony Ferrara were present.
City Staff Present: City Manager/Executive Director Steven Adams, City Attorney Tim
Carmel, Director of Legislative and Information Services /City Clerk belly
Wetmore, re, Chief of Police Steve Annibali, Fire Chief Michael Hubert,
Director o f Recreation and Maintenance Services, and Community
Development Director Teresa McClish.
3. FLAG SALUTE
A representative of the Arroyo Grande Masonic Lodge 287 led the Flag Salute.
4 . INVOCATION
Pastor Randy Ouimette, Saint John's Lutheran Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring September as varian Cancer Awareness Month
Mayor Ferrara presented an Honorary Proclamation declaring September as Ovarian Cancer
Awareness Month. Maureen Clancy accepted the proclamation.
8. AGENDA REM EII
6,a. Ordinances Read in Tale Only.
Council /Board Member Fellows moved, Council /Board Member Costello seconded, and the
motion passed unanimously that all ordinances presented at the meeting shall be read by title
only and all farther readings be waived.
7. CITIZEN' I PUT, COMMENTS, AND SUGGESTIONS
Patter Welsh Pradera Court, referred to awnings on buildings in the Village and expressed
concern with the taut, red awning on the building where the Chocolate Sheep business is going
in, which she finds offensive.
Mayor Ferrara acknowledged the Supplemental memorandums distributed and received by the
Council regarding items 8.m., 8.n., and 8.q and noted that public revie w copies were available.
8. CONSENT AGENDA
Mayor /Chair Ferrara invited members of the public who wished to comment n any Consent
Agenda Item to do so at this time.
Agenda Item 8.b.
Page 1
Minutes: City CouncillRedevelopment Agency Meeting
Tuesday, September 14, 2010
Page 2
Patty Welsh, Pradera Court, referred to Item.8.l. (Approval of the Renovation of the Elm Street
Off Leash Dog Park) expressed concern about the dust particles in the air in and around the
dog park and requested an update on the status of this project.
Mayor r Ferrara explained that the proposed action on this item would approve the plan as
presented in the staff report to install wood chips in the dog park to replace the grass, as well as
installation of several planter pots with landscaping and related above ground irrigation.
Upon hearing no further comments, Mayor/Chair Ferrara closed the public comment period.
Council /Board Member Fellows requested Items 81, 8.m. and 8.q. be pulled.
Action: Council /Board Member Costello moved, and Council /Board Member Ray seconded the
motion to approve the Consent Agenda, with the exception of Items 8.I. 8.r. and 8.., with the
recommended courses of action. The motion passed on the following roll -call vote:
AYES: Costello, Ray, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
8,a. Cash Disbursement Ratification.
Acton. Ratified the listing of cash disbursements for the period August 16, 2010
through August 31, 2010.
8,b. Consideration of Approval of Minutes.
Action. Approved the minutes of the Special City Council Meeting of August 10, 2010,
and the Regular City Council/Redevelopment Agency Meeting of August 10, 2010, as
submitted.
8.. Consideration of Conflict of Interest Code Biennial Review.
Action: 1 Adopted Resolution I . 4303 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITY OF ARROYO
GRANDE'S CONFLICT OF INTEREST CODE INCLUDING AMENDED APPENDICES
F DESIGNATED POSITIONS AND DISCLOSURE RE CA TE RIES "; and 2 the RDA
Board of Directors received and filed the 2010 redevelopment Agency Conflict of
Interest biennial notice.
8.d. Consideration of Appointment to the Citizens' Transportation Advisory
Committee.
Action: Approved the appointment of Steve Foss to the Citizens' Transportation
Advisor} Committee CTAC .
8.e. Consideration of Approval of an Agreement for Contractor Services with DataArc,
LLC.
Action: Approved and authorized the Mayor to execute an Agreement for Contractor
Services with DataAr , LLC for document imaging services.
8.f. Consideration of Approval of Funding for Information Technology IT Managed
Services, and Work Management System Training.
Action: Appropriated $7,000 from the General Fund for Information Technology IT
Managed Services and Work Management System.
Agenda Item 8.b.
Page 2
Minutes: City CouncillRedevelopment Agency Meeting
Tuesday, September 14., 2070
Page
8.g. Consideration of Approving an Auction services Disposition Agreement and
Addendum to Auction services Disposition Agreement with "PropertyRo m.cor "
(PRC).
Action; Approved and authorized the City Manager to execute an Auction Services
Disposition Agreement and Addendum to Auction Services Disposition Agreement with
PRC for the purpose of consigning property and evidence items.
8.h. Consideration of a License Agreement to Provide for the Use of Real Property for
a Police Department Firearms Range.
Action; Approved the License Agreement with the Arroyo Ranch Company as outlined
in the Agreement and authorize the mayor to execute the License Agreement.
81 Consideration of Acceptance of streets Resurfacing in the Vicinity of Arroyo
Grande High school, PW P ' 2010 -08.
Action: 1 Accepted the project im provements as constructed by Souza Construction,
Inc. in accordance with the plans and specifications for the Streets Resurfacing in the
Vicinity o Arroyo Grande High School 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.
8.. Consideration of Temporary Use Permit 10 -013 Authorizing Closure of City Streets
and Use of City Property for the 3" Annual Arroyo Grande Valley Harvest
Festival, Friday and Saturday, September 24-25, 2010.
Action: Adopted Resolution No. 4304 as follows: "A RESOLUTION OF THE CITY
COUNCIL NCIL F THE CITY OF ARROYO GRANDE APPROWNG TEMPORARY USE
PERMIT 10!013, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY
PROPERTY FOR THE 73 ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL., FRIDA A 1 D SATURDAY, SEPTEMBER 24-25., 2010J t
8.k. Consideration of Acceptance of Public Improvements and Easements for Tract
2236.
Action: Adopted Resolution No. 4305 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND
IMPRo 1 EMEN TS FOR TRA C T 223 6 CONS TR L C TED B Y MA NGA NO HOMES 1
8.n. Consideration of a Resolution to Grant Another Designated Period for Two Years
Additional service Credit with the California Public Employees' Retirement
System for the Classification of Facility Coordinator.
Acton. 1 Approved and authorized the Mayor to sign on behalf of the City Resolution
No. 4306 as follows: "" RESOLUTION TO GRANT ANOTHER DESIGNATED PERIOD
FOR TWO YEARS ADDITIONAL SERVICE CREDIT "; and Authorized the Mayor to
sign the Certification of Compliance With Government Code Section 20303.
8.o. Consideration of Fire Truck/Aerial Apparatus Agreements.
Action: 1 Approved a Use and Operation of Fire Apparatus Agreement with the Five
Cities Fire Authority; and 2 Approved a Fire Truck /Aerial Apparatus Cooperative
Agreement with the cit of Grover Beach and Oceano Community Services District.
8.p. Consideration of an Amended and Restated Agreement of Purchase and sale and
Improvement with Nicholas J. Tompkins.
Action: Approved and authorized the City Manager to e an Amended and
Restated Agreement of Purchase and Sale and Improvement with Nicholas J. Tompkins.
Agenda Item 8.b.
Page 3
Minutes: : City CouncillRedevelopment Agency Meeting
Tuesday, September 14, 2010
ITEMS PULLED FROM THE CONSENT AGENDA
Page
8.1. Consideration of Approval of the Renovation of the Elm street off Leash Dog
Park.
Recommended Action: 1 Approve the proposal for renovations of the dog park; and 2
Direct the City Clerk to file a Notice of Determination.
In response to concerns expressed by Council Member Fellows regarding Round -Up
applications on the grass as it relates to protection of the trees Director Perrin said precautions
would be taken to protect the trees and a (nand spray would be used to ensure careful
application in certain areas. Mayor Ferrara suggested it may be beneficial to put a 2xl 2 board
down before spraying to avoid the spray going through the fence to other grass areas.
In response to questions from Mayor Pro Term Guthrie regarding cost estimates, Director Perrin
clarified the proposed cost is for materials only; that City staff would be applying the Found -Up;
the Five Cities Dog Park Association would be responsible for the labor related to the
improvements; and explained the proposed above - ground irrigation methods for the planters.
Manor Ferrara commented that members of Arroyo Grande In Bloom would provide the plants
and volunteer labor and may make another recommendation regarding the irrigation.
Action. Council Member Fellows moved to approve Item 8.1. as recommended. Mayor Pro
Tern Guthrie seconded, and the motion passed on the following roll -call vote:
AYES: Fellows, Guthrie, Costello, Ray, Ferrara
NOES. None
ABSENT: None
8.rn. Consideration of an Award of Contract to Barajas & Associates, Inc. for the Tally
Ho Sidewalk Improvement Project, PW 2009-07.
Recommended Action: 1 Award a contract for the Tally Ho Sidewalk Improvement
Project to Barajas & Associates, Inc. in the amount of $84,211; and Authorize the City
Manage to approve change orders for 10% o f the contract amount, $8 for
unanticipated costs during the construction phase of the project.
Council Member Fellows clarified for the record that the large Silver Maple Tree on Tally Ho
Road would be saved and the small maple tree would be removed. Director M Cli h confirmed
that the sidewalk would be reduced in width to sage the large tree. she also clarified that the
project would not have to be rebid.
Action: Council Member Fellows moved to approve Item 8.m. as recommended. Council
Member Costello seconded, and the motion passed on the following roll -call vote:
AYES: Fellows, Costello, Guthrie, Ray, Ferrara
NOES: None
ABSENT: None
Agenda Item 8.b.
Page 4
Minutes: city CouncillRedevelopment Agency Meeting Page
Tuesday, September 14.,2010
8.q. consideration of Resolutions Approving, Authorizing and Directing Execution of
Lease Purchase Financing Documents for Acquisition of 300 East Branch street.
[CC/RDA]
Recommended mended Action: RDA Board 1 Adopt a Resolution approving, authorizing and
directing execution of certain lease - purchase financing documents and authorizing and
directing related actions; city council 2 Adopt a Resolution approving, authorizing and
directing execution of certain lease - purchase financing documents and authorizing and
directing related actions; city council 3 adopt a United States Department of
Agriculture Loan resolution; and City council approve amending the capital
Improvement Program to appropriate $855,000 from the sale of land to the city Hall
project for the purchase of the property at 300 East Branch Street.
Council Member Fellows requested a separate roll call vote on this item.
Action: council /Board Member Ray moved to approve staff's recommendation, which included
the following Resolutions, as follows: "A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE ARROYO GRANDE REDEVELOPMENT AGE C APPR VI1 G, AUTHORIZING RANG Al D
DIRECTING EXECUTION F CERTAIN LEASE-PURCHASE FINAN ING DOCUMENTS FOR
TIME ARROYO GRANDE REDEVELOPMENT PIII EI T ASE CY. AND AUTHORIZING AND
DIRECTING RELATED ACTIONS "% "'A RESOLUTION OF CITY COUNCIL CIL F THE CITY OF
ARROYO GRANDE APPROVING, AUTHORIZING AND DIRECTING EXECUTION F
CERTAIN LEASE-PURCHASE FINANCING DOCUMENTS AND AUTHORIZING AND
DIRECTING RELA TED A T1 NS's. "A [ NITED STA TES DEPARTMENT of A GRICUL T# RE
L A 1 RESOLUTION; and amending the capital Improvement Program to appropriate
$855,000 from the sale of land to the city Hall project for the purchase of the property at 300
East Branch Street. Council /Board Member Costello seconded, and the motion passed on the
following roll -call vote:
AYES: Flay, Costello, Guthrie, Ferrara
NOES: Fellows
ABSENT: None
9. PUBLIC HEARINGS
None.
10. C ONTINUED BUSINESS:
None.
11. NEW BUSINESS
11.a. consideration of Appeal Case No. 10-001; Applicant. In-I -Out Burger - Request
for a Recessed LED Lighting system.
Community Development Director McClish presented staff report and recommended the Council
consider the applicant's appeal of the Planning Commission's denial of a request for a recessed
LED lighting system and adopt an appropriate resolution related to its decision.
Agenda Item 8.b.
Page 5
Minutes: City CouncillRedevelopment Agency Meeting
Tuesday, September 14,, 2010
Page
Jeff Emericl , Daring Taylor & Associates, representing the applicant, displayed photographs;
provided an o verview o f the proposed recessed LED lighting; provided examples of existing
businesses on W. Branch Street which have LED lighting; noted that buildings within the Five
Cities center are not allured to have such lighting, and clarified that the In N Out building is not
officially a part of the Five Cities Center; and requested the Council uphold the appeal and
approve the proposed recessed LED lighting system.
Council questions ensued regarding the proposed recessed LED lighting, and whether it could
be limited to the freeway side of the building only.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
m atter.
Susan Flores, E. Branch Street, spore in support of the proposal.
Steve Foss, Garden St. referred to advantages of LED lighting, including lower costs, visually
less intrusive; reduced light pollution, and noted they will become more and more part of the
commercial segment.
Upon hearing no further comments, Mayor Ferrara closed the public comment period.
Brief discussion ensued regarding the trees along W. Branch Street and whether they could be
pruned or shaped to reduce obstruction of the building. Director McClish responded that
Council could direct staff to prune the trees.
Council Member Costello commented that in comparison to neon lighting LED lighting is better;
had no problems with the LED lights as proposed; would support requiring the LED lighting on
one side of the building facing the freeway; noted the lighting would increase visibility of the
restaurant from the freeway; and supported the appeal.
Council Member Flay stated that she did not see any reason to overturn a unanimous vote of
the Planting Commission, and the trees could be trimmed to provide enough visibility from the
freeway.
Council Member Fellows commented that perception is everything and the I n , N Out restaurant
is a part of the Five Cities Center; believed the lighting provides visual clutter and light pollution;
believes the lighting to be a detriment that would not help the building or the community;
preferred to preserve the rural character o f the City; and supported the Planning Commission's
denial.
Mayor Pro Tern Guthrie sup ported the Planning Commission's denial and stated he would not
support the proposed lighting.
Mayor Ferrara believed the indirect halo look is appealing; said he was not sure the building is
that much higher than the existing trees; believed that the trees do obscure the building; did not
believe this would set a precedent; that the cC &la's regarding lighting apply to the Five cities
Center and clarified that there are two other separate lots that are independent from the Center;
Agenda Item 8.b.
Page 6
Minutes: es: City CouncillRedevelopment Agency Meeting
Tuesday, September 14, 2010
Page
believed it would not lead to light pollution but would enhance the area; stated it would improve
the overall look of the building; and supported installation of the recessed lighting.
Action: Council Member Fellows moved to approve a Resolution as follows: "A RESOLUTION
OF THE CITY COUNCIL of THE CITY of ARROYO GRANDE DENYING AN APPEAL
FILED BY IN -N-OUT BURGER AND UPHOLDING THE PLANNING COMMISSION'S DENIAL
OF A REQUEST To MODIFY EXTERIOR LIGHTING ELEVATIONS To INCLUDE A
RECESSED LED LIGHTING SYSTEM (APPEAL CASE No. 10-001 of ARCHITECTURAL
REVIEW CASE No. 10-002). Council Member r Ray seconded, and the motion passed on the
following roll call Grote:
AYES: Fellows, Far, Guthrie
NOES: Costello, Ferrara
ABSENT: None
11.b. Consideration of Exclusive Negotiation Agreement with Legacy Hospitality for
Purchase and Hotel Development at the Vacant Parcel owned by the
Redevelopment Agency at Faeh street and Ell Camino Real.
[CC /RDA]
City Manager/Executive Director presented the staff report and recommended the Council/RDA
Board approve the proposed Exclusive Negotiation Agreement Frith Legacy Hospitality for
purchase and development of a hotel at the vacant parcel o wned by the Redevelopment
evelopment
Agency at Faeh Street and El Camino Beal.
Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on
the matter, and upon hearing none, he closed the public comment period.
Council /Board questions ensued regarding proposed parking, if the project could meet the goals
of the City's Green Corridor by being constructed as a green building: whether the project would
receive any Redevelopment Agency assistance; and how the developer would prevent a similar
situation from happening that has occurred with the Hampton Inn hotel project.
o[ an Burkett representative, responded that they have opened their first LEER certified hotel
and they are a green oriented company; and briefly addressed similar projects they have been
involved with. He also requested a change in the name of the contracting company from
"Legacy Hospitality" to "Investel, Inc.
Council comments ensued in support of the proposed Exclusive Negotiation Agreement and the
applicant was encouraged to talk with the neighbors on Faeh street early on in the process.
Action: Mayor Pro TemNice Chair Guthrie moored to approve the proposed Exclusive
Negotiation Agreement, as amended with a name change to Investel Inc., for purchase and
development of ar hotel at the vacant parcel owned by the Redevelopment Agency at Faeh
Street and El Camino Real. Council /Board Member Costello seconded, and the motion passed
on the following roll call Grote:
Agenda Item 8.b.
Page 7
Minutes: city CouncillRedevelopment Agency Meeting Page
Tuesday, September 14,, 2010
AYES: Guthrie, Costello, Fellows, Flay, Ferrara
NOES: None
ABSENT: lone
Mayor /Chair Ferrara called for a break at 8:15 p.m. The Council reconvened at 8:25 p.m.
11.c. consideration of Annual Local sales Tax Appropriations and Allocation Deport
and -fear Plan.
City Manager Adams presented the staff report and recommended the Council: 1 Approve the
proposed Annual Local Bales Tax Appropriations and Allocation Report; 2 Approve the
proposed revised local sales tax appropriations for FY 2010 -11; and 8 Approve the proposed
Local Sales Tax -bear plan. He then responded to questions from Council.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter.
Susan Flores East Branch Street, commented on the delay of the improvements along the
Paulding Wall; expressed concerns about debris falling into the street during the rain;
suggested pu#ting the police station bond measure back on ballot as she thanks the public did
not understand the measure and there needs to be more public education; and stated she did
not see funds programmed to retrofit the public bathrooms.
Hearing no further comments, Mayor Ferrara closed the public comment period.
City Manager Adams clarified that the Paulding Wall was not a renovation project, it will be an
extension of the wall for the purpose of erosion control; noted that it is a historical wall which
has a number of complicated issues associated with it; and that both improvement projects are
being delayed so they could be coordinated. He also noted that the City is working with the
developer to upgrade the exterior of the public rest rooms and clarified the use of City funds for
the interior improvements.
Brief discussion ensued regarding the many project accomplishments this year, including the
West Branch resurfacing project and resurfacing of the streets around Arroyo Grande High
School; a suggestion to clarify the specific timeframe in a Fiscal Year on the report; that the City
is being fiscally responsible as it relates to the Pavement Management Program; some concern
for the long term viability of the capital improvement program; acknowledgement that once the
El Camino Deal project is done all major street projects will be done; that grant money may be
available in the future through BLCG; and support for the proposed Annual Report and -
Year Plan.
Action: Council Member Costello moved to approve the proposed Annual Local Sales Tax
Appropriations and Allocation Report; approve the proposed revised local sales tax
appropriations for FY 2010 -11; and approve the proposed Local Sales Tax -Year plan. Council
Member Fellows seconded, and the motion passed on the following roll call vote:
Agenda Item 8.b.
Page 8
Minutes: City CoundilRedevelopment Agency Meetin Page
Tuesday, September 14, 2010
AYES: Costello, Fellows, Flay, Guthrie, Ferrara
NOES: None
ABSENT: None
I I .d. Consideration of League of California Cities Annual Conference Resolutions.
City Manager Adams presented the staff report and recommended the Council provide direction
regarding City positions on the League of California Cities resolutions.
Mayor Ferrara noted that Council Member Ray would be the primary delegate and
recommended Mayor Pro Tern Guthrie as the Alternate. The Council concurred.
Mayor Ferrara provided background information on the proposed annual Conference
Resolutions of interest to the City and the Council provided feedback and direction to the voting
delegate in support of Resolution olution No. 1 (League Bylaws Amendment), , Resolution 3
( AB32/SB375), and Resolution No. Unfunded State Mandates).
12. CITY COUNCIL REPORTS:
Mayor Ferran requested, and the Council concurred, to postpone City Council reports until the
next meeting.
13. C ITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER AGE ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
None.
18. STAFF COMMUNICATIONS:
None.
17. COMMUNITY IT COMMENTS AND SUGGESTIONS:
eke Turley AGP V ideo, explained that the Charter Communications connection was off -line
briefly due to system upgrades, but it was now back up and running.
18. ADJOURNMENT
Mayor /Chair Ferrara adjourned the meeting at 91 p.m.
Agenda Item 8.b.
Page 9
Minutes: City CouncillRedevelopment Agency Meeting
Tuesday, September 1 ,, 2010
Tony Ferrara, Mayor/Chair
ATTEST:
Kelly Wetmore, City Clerk/Agency Secretary
{Approved at CC Mtg
Page
Agenda Item 8.b.
Page 10
R o
I
� MEMO
rn
,DULY 10, 41
To: CITY COUNCIL
FROM: TER ESA MCCLISH, DIRECTOR F of COMMUNITY DEVELOPMENT
Y: DARRYL MIMICS , PLANNING INTER
SUBJECT: CONSIDERATION of TEMPORARY USE PERMIT CASE No. 10-01
AUTHORIZING "HALLOWEEN IN THE VILLAGE" AND DIRECTING
STAFF To IMPLEMENT RELATED SAFETY MEASURES INCLUDING
No PARKING ZONES,STREET CLOSURES AND WARNING DEVICES
ON SUNDAY, OCTO 31, 2010
DATE: OCTOBER 12, 201
RECOMMENDATION
It is recommended the City Council adopt a Resolution approving Temporary Use
Permit 10-017 and authorize Halloween in the pillage and direct staff to implement
safety measures including closure of East and West Branch Street between Traffic Way
and Mason Street, no parking zones and the detour of automobile traffic on Sunday,
October 31, 2010.
FINANCIAL IMPACT:
Direct equipment and staffing costs to facilitate closure of East and Hest Branch Street
between Traffic Way and Mason Street and establish a detour route totals $1,225 ($225
water barricades and directional signs and $1,000 for Street personnel). Funds for the
event will be shared between the City and the pillage Improvement Association.
B ACKGROUND:
Halloween in the Village consists of a voluntary closure of the majority of East and Vilest
Branch Street businesses on October 31 to allow merchants an opportunity to pass out
candy to young children in a safe daytime environment. This loosely organized tradition
has occurred for at least 13 years and has been informally promoted through the pillage
Improvement Association (VIA). Although the event is not advertised outside of the city,
attendance has steadily increased with an estimated 2,500 children participating in the
last to years. To staff's knowledge, there has never been an injury or incident.
However, three years ago, due to the increasing number of children present during the
event, the Council authorized the event under the Temporary Use Permit process and
implemented additional safety measures, including no parking on portions of East and
Vilest Branch Street, closing Short Street and directing the use of delineators, safety
tape and caution signs. At that time, the Council also considered closing East and Vilest
Agenda Item 8.c.
Page 1
CITY COUNCIL
TP -01
OCTOBER 12, 201
PAGE 2OF3
Branch Street, but did not implement the option due to many disadvantages associated
with closing the street during high peak traffic and delivery hours. This year, staff has
reviewed the historical functioning of the event, including obtaining valuable input from
the Police Department, which has been coordinating and providing traffic and
pedestrian control during the event.
ANALYSIS of ISSUES*
T he purpose of the Temporary Use Permit, street closure and ether measures are to
increase pedestrian safety by reducing pedestrian and vehicle interaction related to the
crowds of children and parents who congregate and circulate on both sues of the four -
block core of the pillage during the event. Prior to implementing the street closure,
large numbers of participants filled the sidewalks at many points and crossed at
uncontrolled intersections with the help of crossing guards. Full street closure and
safety measures were successfully implemented last year with no incidents observed or
reported.
Staff recommends closure of West and East Branch Street from Traffic Way to Mason
Street including the placement of grater filled barricades; placement of "No Parking"
signs mounted on delineators 48 hours in advance on Vilest and East Branch Street; a
small section of "No Parking" at the corner of Mason Street and Nelson Street to allow
turning movement for commercial trucks); closure of intersections or major driveways
onto East and Vilest Branch Street; including Bridge Street, Short Street, the Car Corral,
and Nevada Street; and implementation of a detour which routes automobile and truck
traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened
turning lane on East Branch Street at Mason Street for commercial trucks.
ADVANTAGES:
A full street closure will provide a safer environment for participating children and will
allover the children to cross the street at any location and help the event to operate more
efficiently. This option does improve safety at uncontrolled intersections as compared to
the use of crossing guards and decreases the number of Police Officers and crossing
guards needed.
DISADVANTAGES:
The closure of East and Vilest Branch Street on Sunday, from 2;30 PM to :30
PM would cause for a temporary diversion of vehicular traffic.
0 SCAT bus routes would be minimally impacted.
0 Commercial deliveries could be delayed and/or impacted and large trucks may
have to be diverted to Nelson Street.
Parking would be prohibited on East and Vilest Branch Street after 2:30 PM in
order to clear the street and ensure that no vehicles will be moving in the closed
area when child are present.
Agenda Item 8.c.
Page 2
CITY COUNCIL
TU P 10-017
OCTOBER 12, 201
PAGE 3 of 3
The street closure will reduce available parking in the Village Core by
approximately loo on-street spaces although Le Point Street and 01ohan Alley
provide substantial off- street parking opportunities.
There may be complaints regarding commercial and general vehicular traffic
routed through the residential neighborhood on Nelson Street.
There may be complaints regarding limiting customer access to focal businesses.
Since a limited number of businesses cast of Mason Street participate in the
event, pedestrians crossing Mason Street will slow traffic turning off and onto
East Branch Street, thus reducing the ability to reroute traffic around East Branch
Street. Therefore, staff is unsure of the level of traffic delay that will result.
The closing of East and Vilest Branch Street will cause increased automotive
congestion on detour routes that may be utilized by pedestrians walking to and
from the event. This may act only to displace automotive and pedestrian
interaction to areas that are less controlled.
ENVIRONMENTAL REVIEW:
This temporary event is categorically exempt from environmental review per CEA
Section 15301 c.
PUBLIC NOTIFICATION AND COMMENTS:
A condition of approval has been developed, which will require the applicant to notify
property owners and businesses located within the area of street closures and
restricted parking.
In addition, the Agenda was posted in front of City Hall on Thursday, October 7, 2010.
The Agenda and report were posted on the City's website on Friday, O ctober g, 2010.
No public comments were received.
Attachments
1. Map
Agenda Item 8.c.
Page 3
RESOLUTION No,
1 RESOLUTION TION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE E APPF O ING TEMPORARY Y USE PERMIT
CASE No. 10-017 AUTHORIZING ING "HALLO IIEEN IN THE
VILLAGE" AND DIRECTING STAFF To IMPLEMENT RELATED
SAFETY MEASURES INCLUDING No PARKING ZONES AND
STREET CLOSURES ON SUNDAY, OCTOBER 31, 2010
WHEREAS, EAS, the Arroyo Grande V illage Improvement Association (VIA), acting as a coordinator
for individual merchants wishing to participate in "Halloween in the Village," applied for a
Temporary Use Permit for the purpose ensuring the safety of the children who will be visiting
various pillage businesses; and
WHEREAS, the implementation of safety measures including no parking zones and street
closures will help to facilitate a safe Halloween for all Citizens participating in the event and
traveling through the Village area;
Noll, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does
hereby approve Temporary Use Permit 10-017 authorizing the following actions, subject to the
conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference:
1. The establishment of a "o Parking" zone on East and vest Branch Streets between
Traffic Way and Mason Street between the Fours of 2:30PM and 5:3 P I.
2. "No Parking" at the corner of Mason street and Nelson Street to allover turning movement
for commercial trucks).
3. The closure of hest and East Branch Street from Traffic Way to Mason Street between
the hours of 2:30P 1 and :30PI I.
4. The closure of intersections or major driveways onto East and hest Branch Street
including Bridge Street, Short Street, the Car Corral, and Nevada Street;
5. The implementation of a detour which routes automobile and trucks traffic onto Traffic Way,
Nelson Street and Mason Street and delineating a widened turning lane on East Branca
Street at Mason Street for commercial trucks.
6. The applicant shall be refunded the Temporary Use Permit application fee.
on motion of Council Member , seconded by Council Member , and on the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 12 day of October 2010.
Agenda Item 8.c.
Page 4
RESOLUTION N.
PAGE
TONY FER AI A, MAYOR
ATTEST:
KELLY 11ETM E, CITY CLERK
APPLIED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. C R EL, CITY ATTORNEY
Agenda Item 8.c.
Page 5
RESOLUTION No,
PAGE 3
EXHIBIT " A "
CONDITIONS of APPROVAL FOR
TEMPORARY USE PERMIT No. 10-017
This Temporary Use Permit authorizes "Halloween in the pillage" and directs staff to
implement related safety measures including no parking zones and street closures on
Sunday, October 31 2010.
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. The event shall occur in substantial conformance with the application and plans on file in
the Community Development Department including the attached map, attached hereto
and incorporated herein by this reference.
3. The applicant shall comply with all of the Conditions of Approval for Temporary Use
Permit 10-017.
4. The applicant shall agree to defend at hisher sole e any action brought against
the City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, o r employees, for any court costs and attorney's fees which the City, its
agents, officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his /her obligations
under this condition.
5. The applicant shall notify all effected businesses and residents of street closures and
parking restrictions at least 48 hours prior to the event.
6. The funds generated from the event shall be shared between the City and the pillage
Improvement Association.
7. The applicant shall clean up all debris associated with the event to the satisfaction of
the Director of Recreation and Facilities.
Agenda Item 8.c.
Page 6
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Agenda Item 8.c.
Page 8
pAR0 �6s
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INCORPORATED
rM
JULY 10, 1911 J
C %,4
MEMORANDUM
To: CITY COUNCIL. VIV
FRONT: TER ESA MCCLISH, oMMUNITY DEVELOPMENT DIRECTOR
BY: JEREMY FREUND, CONSULTANT SENIOR PLANNER
SUBJECT: CONSIDERATION To APPROVE THE CONSTRUCTION PLANS AND
SPECIFICATIONS AND ADOPT A MITIGATED NEGATIVE
DECLARATION FOR THE CONSTRUCTION of RESERVOIR OII #6 ON
STAGECOACH ROAD AND O O BOOSTER STATION UPGRADE
DATE. O CTOBER 12, 201
RECOMMENDATION:
It is recommended the City Council:
1. Adopt A Resolution adopting the Mitigated Negative Declaration and approving
construction documents and specifications prepared for Reservoir #6 and the
Oro B ooster Station Upgrade;
2. Approve the (Mitigation Monitoring Plan in compliance with CE QA Section 15097;
and
3. Direct the City Clerk to file the Notice of Determination.
FINANCIAL IMPACT:
The amended Capital Improvement Program budget includes $827 for the
Reservoir #6 Construction and Oro Booster Station Upgrade projects. The Engineer's
Estimate is $600,000. An additional $80,000 is estimated for by -pass pumping, SCADA
system, and specialized inspection associated with the project.
B ACKGROUND:
In 1978 the City accepted the Reservoir 3 parcel as part of a subdivision approved in
San Luis Obispo County that was sized for two water storage tanks. Reservoir 8 was
subsequently located o the parcel to allow room for a second tank in the future.
The City's 1998 Water Master Plan prepared by Wallace Group evaluated The Oro and
the Rancho Grande pressure zones and the storage capacity of Reservoirs rvoirs #3 and #5 in
those respective zones. The report indicated that Reservoirs #3 and #: which are at
the same overflo w elevation, should be connected to allow for system redundancy in
either zone. A subsequent Wallace Group study dated August 1, 2008 indicated the
need for additional water storage somewhere within these tvvo zones due to
development and annexations that exceeded previous projections. At that time, due to
costs of consolidating the two zones, the need for additional storage and reliability, the
Agenda Item 8.d.
Page 1
CITY COUNCIL
CONSIDERATION To ADOPT ENVIRONMENTAL NEGATIVE E C ECL.ARATION FOR
RESERVOIR #
OCTOBER 12, 2010
PAGE 2
City chose to construct Reservoir #6 on the Reservoir #3 site and not consolidate the
to zones. In addition, the City chose to upgrade the Oro Booster Station to provide
additional pumping capacity to fill the additional storage volume.
The city of Arroyo Grande proposes construction of a new 250,000 gallon, above -
ground, welded steel, water storage tank (Reservoir ##, with various appurtenances,
including outside and inside ladders, a roof hatch, gent, Monobolt manway, drain, guard
railing, walkway, tie -downs and clips, and an inlet outlet pipe with an internal mixing
ing
system. The project would require the disturbance of approximately 15,700 square feet
(o.36 acre) of the 0.64 -acre parcel, including approximately 204 cubic yards of cut and
515 cubic yards of fill. The new tank will be 26 feet in height, 44 feet in diameter, with a
"sandstone" colored exterior, similar in size and appearance to the existing water
storage tank ( Reservoir #3 o the site.
The project site is located on the northwest side of Stagecoach Road, (see Figures 1
and 2). The site is currently developed with an above - ground, welded steel 0.25-MG
reservoir and various appurtenances, unpaged access from Stagecoach Road, and a
pathway around the existing reservoir. The project would improve the access from
Stagecoach Road by construction of an 18-foot asphalt concrete AC entry road with
an AC berm for access to the existing and proposed reservoirs. The project also
includes a 10-foot access path around the existing Reservoir #3 and the proposed
Reservoir #. Portions of the existing chain link fence will be replaced and a new gate
would be installed. Approximately 6,500 square feet of drought - tolerant landscaping is
proposed to be installed and temporarily irrigated - (two years) from the water supply of
the new tank.
The construction of Reservoir #6 creates redundant storage and allows Reservoir #3 to
be taken out of service for cleaning and maintenance, which has not been done since
the tank was constructed over 32 years ago. The new tank is necessary to meet the fire
storage needs for the existing customers that are served by the tank. In addition, a fire
hydrant will be connected just downstream of the tank, which will allow the fire
department to also utilize the fire storage for the County of San Luis Obispo residents
located in the proximity of the new tank.
The Oro Booster Station, located on Oro Drive, north of Platino Lana, provides water to
the existing Reservoir #3 and the proposed Reservoir #6 tanks. This booster station
currently is only able to supply 400 gpm to the tank. With the expanded storage, the
booster station is undersized and is not capable of filling the tanks adequately to meet
California Department of Public Health Standards. The project proposes to remove the
existing pumps and electrical from the pump house, Increase pipe diameters, install two
new 25 hp pumps oo gpm each), and update electrical and SCA A controls.
Agenda Item 8.d.
Page 2
CITY COUNCIL
CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR
RESERVOIR #6
OCTOBER 12,2010
PAGE 3
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Am Grande Reservoir No. 6
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Project Location Map
A Item 8.d.
Pa 3
CITY COUNCIL
CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION I
RESERVOIR #6
OCTOBER 12, 2010
PAGE 4
Agenda Item 8.d.
Page 4
CITY COUNCIL
CONSIDERATION To ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR
RESERVOIR ##
OCTOBER 12, 201
PAGE 5
ANALYSIS of ISSUES:
The Initial Study prepared for the project analyzed potentially significant impacts from
the project in six categories studied, and has recommended mitigation measures to
reduce any potential for impacts to a less than significant level, as follows:
Air Quality: (ACS 1 -3
Short -tern impacts could result from nuisance dust affecting sensitive receptors during
construction of the project. Mitigation Measures M M 3.1 through 3.3 require
implementation of Best Management Practices on the project's grading operations to
minimize these impacts. The project is conditioned to obtain permits from the Air
Pollution Control District and to comply with all Air Resources Board requirements prior
to construction.
Biological Resources: BI 1-5)
The plant community of the project site is dominated by Coast Live Oak, and contains
approximately 24 oaks in varying size from 3 to 18 inches in diameter. Construction will
require the removal of three mature Coast Live Oaks, one immature east Live Oak
(under 3 inches in diameter), and one pine tree. The City proposes t replace the three
mature oaks at a 3:1 ratio with nine trees to be planted onsite based on City standards.
In addition, construction activities have the potential to disturb several protected. species
of wildlife, including dusky - footed woodrats, nesting birds and roosting bats. Mitigation
measures MM 4.1 through 4.5 are recommended to protect the biological resources.
Implementation of these mitigation measures will reduce the potential for biological
impacts to a less than significant level.
Geolog y and Soils:
The project has the potential to result in soil erosion and down-gradient sedimentation
due to the disturbance of 0.35 acres. Compliance with the Uniform Building Code and
implementation of Best Management Practices, as well as the LID elements that are
incorporated into the project plans will reduce the potential for these impacts to a less
than significant level.
Noise: (NOI -3
Short- terra noise impacts generated by construction has the potential to affect sensitive
receptors. (litigation Measures NIM . 1 through 8.3 will reduce these impacts to a less
than significant level. There are no long -term noise impacts associated with this project.
Transportation Circulation: (TRAIN 1)
The proposed project will create short -term construction traffic on local roads, and the
construction vehicles and equipment may create unsafe conditions on surrounding
roads. A mitigation measure requiring a Traffic Management e,nt Flan to be prepared to
address construction equipment and vehicles will reduce this impact to a less than
significant level.
Agenda Item 8.d.
Page 5
CITY COUNCIL
CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR
RESERVOIR #fi
OCTOBER 12, 201Q
PAGE 6
Hydrology and Water Quality:
Construction activities and site disturban have the potential to result in degradation of
surface and groundwater bodies through runoff and infiltration that could result in
indirect impacts to riparian values downstream. Implementation n f standard
sedimentation and erosion control measures and Best Management Practices will
minimize these potential impacts to less than significant (see Attachments 3 and 4 for
Site and Grading Plan and Erosion Control Plan).
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Approve the project and adopt the Mitigated Negative Declaration;
• Do not ap prove staff's recommendations;
• Modify and adopt a Resolution approving project and adopt the Mitigated
Negative Declaration;
• Provide direction to staff.
ADVANTAGES:
Approval o f the project will enable construction to proceed in a timely manner, which will
result in a project that provides additional water storage to meet existing operational,
emergency and fire suppression deficiencies. The new tank also allows the City to take
the existing Reservoir #3 off line for maintenance and cleaning, which has not been
completed since the tank was constructed over 32 years ago.
The upgrade to the Oro Booster Station provides additional pumping capacity to fill the
additional water storage volume. The project will increase the reliability and redundancy
within the water distribution system, which is needed to better protect public health and
safety.
DISADVANTAGES:
The new grater storage tank will have a visual impact on the surrounding neighbors.
ENVIRONMENTAL REVIEW:
The City has prepared an Initial Study for the project that resulted in the preparation of a
Mitigated Negative Declaration (BIND). Potentially affected environmental factors
include air quality, biological resources, geology and soils, noise, transportation
circulation, and water. Those potentially significant items associated with the project
can be minimized to a less - than - significant level by incorporation of mitigation
measures, as summarized in the analysis above and discussed in the Initial Study
Environmental Checklist (Attachment 1).
A Mitigation Monitoring ring Program ( M MP) has been prepared for the compliance with
CE QA Section 15097 (see Attachment 2). The MMP addresses the mitigation
measures necessary to mitigate impacts of the project.
Mitigation Measure 4.5 of the Initial Study identified a replacement ratio of :1 for oak
trees that were greater than o equal to twelve 12" inches diameter at breast height.
Agenda Item 8.d.
Page 6
CITY COUNCIL
CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR
RESERVOIR #6
OCTOBER 12 2010
PAGE 7
However, the City's Municipal Code Section 12.16.090 identified a ratio of 3 :1 for oak
tree rep lacements. The Mitigation Monitoring Plan identifies the correct replacement
value.
PUBLIC NOTIFICATION AND COMMENTS:
The City circulated a notification of the intent to adopt the Mitigated Negative
Declaration to the surrounding property owners within 300 feet of the project site on
September 7, 2010 and the State Clearinghouse August 23, 2010. Project referrals
were sent directly to the following list:
County of San Luis Obispo
Department of Planning and Building
County of San Luis Obispo
Department of Public Works
County of San Luis Obispo
Division of Environmental Health
California Department of Fish and Game
Central Region Headquarters
Central Coast Regional Water Quality Control
Board
San Luis Obispo County Air Pollution control
District
City of Arroyo Grande
Community Development Department
DAL FIRE
The City received comments from CAL FIDE, County Department of Public Works, s, and
County of San Luis Obispo Air Pollution Control District. The following is a summary of
their comments and hoer they have been addressed (comment letters included with the
initial study):
CAL FIRE
Cal Fire provided the following guidelines for the installation of the water storage tank:
• Water Storage Tank must meet the Intent of National Fire Protection Association
(NFPA)requirements
Vegetation clearance as appropriate per PRC 4291, and in keeping with
aesthetic requirements of the County Planning and Building Department
0 Road Access of minimum 10 foot width and all weather ther surface
• Locked gates, require KNOX entry system
The proposed project is designed to meet the Intent of National Fire Protection
Association NFPA. The necessary clearing of vegetation around the new reservoir will
include pruning and or removal of existing trees in compliance with the City standards.
The access road to the new reservoir is 16 feet, which exceeds the 10 foot minimum
requirement. The existing gate and lock will be replaced and locking mechanism will be
installed.
Agenda Item 8.d.
Page 7
CITY COUNCIL
CONSIDERATION To ADOPT ENVIRONMENTAL NEGATIVE 1E DECLARATIO I FOR
RESERVOIR #
OCTOBER '12, 2010
PAGE 8
Countv Department of Public Works
The San Luis Obispo County Department of Public Works requested the following
improvements incorporated into the design:
1 The Stagecoach Road driveway apron road shall be reconstructed in accordance
with County Public Improvement Standard 13-1b.
2 The driveway and landscape improvements require an Encroachment Permit
prior to construction.
3 Storm grater runoff: generated by the additional site paving should be dispersed
non- erosively onsite and recommended mended LID components to minimize offsite
storm water flows.
The City incorporated the design comments into the design of Reservoir #6. The
driveway apron is designed to the County's B -1 b standard. A County Road
Encroachment Permit for the driveway and landscaping overflow drain was obtained
(see Attachment 13).
Counly of San Luis Obispo Air Pollution Control District
The San Luis Obispo County of San Luis Obispo Air Pollution Control District did not
require other construction phase 'mitigation 'measures for this project. APCD did request
the following items be included in the project:
1 Prior to any grading activities at the site, the City shall ensure that geologic
evaluation is conducted to determine if Naturally Occurring Asbestos NA is
present within the area that will be disturbed. If N A is found at the site, the City
must comply with all requirements outlined in the Asbestos Air Tonic Control
Measures.
2 APCD prohibits developmental burning - of vegetative 'material within San Luis
Obispo County.
3 If utility pipelines are scheduled for removal or relocation; or building(s) are
removed or renovated this project would require compliance with the National
Emission Standard for Hazardous Air Pollutants 0CFF 1, Subpart —M —
asbestos NESHAP.
4 All site grading and demolition plans notes shall comply with all applicable APCD
regulations pertaining to the control of fugitive dust (PM 10) as contained in
section 6.5 of the Air Quality Handbook.
5 The name and telephone number of person responsible for monitoring dust
control program shall be provided to the APCD prior to land use clearance for
map recordation and finishing grading of the area.
6) Prior to start of the project, City shall obtain required Permits from APCD for the
use of the portable equipment g horsepower or greater) and applicable
operational equipment. The City shall contact APCD Engineering Division at
(805) 781-5912 for specific information regarding permitting requirements
Agenda Item 8.d.
Page 8
CITY COUNCIL
CONSIDERATION
ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR
RESERVOIR
OCTOBER 12 2010
PAGE 9
Items 1- were included into the MND as mitigation measures MM 3.1 to 3.3 and In the
Mitigation Monitoring Plan.
Attachments:
1. Initial study
2.- Mitigation Monitoring Pr gram
3. Site and Grading Plan (full scale plans available in Community Development Dept.)
4. Erosion Control Plan (full scale plans available in Community Development Dept.)
5. Landscape Plan (full scale plans available in Community Development Dept.)
Agenda Item 8.d.
Page 9
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING CONSTRUCTION
DOCUMENTS AND SPECIFICATIONS FOR RESERVOIR #6 AND
THE ORO FOSTER STATION UPGRADE
WHEREAS, the City Council has considered the recommendations of the 1008
Water Master Plan to provide adequate water supply and storage facilities; and
WHEREAS, the City Council has considered the recommendations of the August 1,
2008 Preliminary Analysis Pressure Zone Connection Rancho Grande to Oro Zone
to construct a new 250,000 gallon water reservoir adjacent to Reservoir #3,
Stagecoach Toad, Arroyo Grande to provide adequate grater storage facilities; and
WHEREAS, the City Council finds that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith, and has reviewed the draft Negative Declaration with mitigation
measures under the provisions of the California Environmental Quality Act CE A ;
and
WHEREAS, the City Council finds these improvements are necessary to ensure
that public health and safety standards will continue to be net in the future; and
WHEREAS, the City Council finds the Mitigation Monitoring Plan in compliance with
California Environmental Quality Act requirements under DEQA Section 1 0007; and
WHEREAS, S, the City's property located at Stagecoach Toad, Arroyo Grande,
California, (Assessor Parce1047-126-010) is acrd has been used as grater facility for
the pu of storing grater; and
WHEREAS, the City Council finds that on the basis of the Initial Study and all the
comments received, there is no substantial evidence that the project as conditioned
will have a significant effect on the environment. The potential impacts can and will
be mitigated to a less than significant level and comply with California
Environmental Quality Act requirements under CEQA Guidelines Section 15070;
and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstance exist:
FINDINGS FOR APPROVAL
1. The proposed use is permitted within the subject land use categories and
complies with all the applicable provisions of title 16, the goals, and
objectives of the Arroyo Grande General Plan, and the development policies
and standards of the Municipal Code.
Agenda Item 8.d.
Page 10
RESOLUTION NO.
PAGE
The construction of a 250, 000 gallon steel grater tank is consistent with and
meets a!! pertinent Municipal Code development standards.
2. The proposed use would not impair the integrity and character of the land
use in which it is to be established or located and as conditioned, the project
will not impair the integrity and character of the residential neighborhood.
The proposed water storage facility is similar in character, scale and function
to the Reservoir #3.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is suitable for the construction of a 250,000 gallon water storage
facility abased upon the development standards of the ll unicr' pal Code.
. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the vicinity.
The proposed use will not be detrimental to the public health, safety, or
welfare., or materially injurious to properties and improvements in the vicinity
because the proposed project will provide necessary water er supply for the
community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a Mitigated Negative Declaration: and approves the
Construction Plans and Specifications for Reservoir #6 and the Oro Booster Station
Upgrade.
Can a motion by Council member , seconded by Council member
, and by the following roll call vote to merit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of October 2010.
Agenda Item 8.d.
Page 11
RESOLUTION CVO.
PAGE 3
TONY FER A# A, MAYOR
ATTEST;
KELLY I ETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVE ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J, CARMEL, CITY ATTORNEY
Agenda Item 8.d.
Page 12
RO
A. *CORPORATE
,x 10, loll ,
'IFO1r %
ATTACHMENT 1
CITY of ARROYO GRANDE
INITIAL STUDY SUMMARY - ENVIRONMENTAL CHECKLIST
Project Title & No. City of Arroyo Grande Reservoir voir Igo. ; APN ## 047-126-01
ENVIRONMENTAL FACTORS
POTENTIALLY AFFECTED: The
proposed project could have
"Potentially significant Impact' for at least one of the environmental factors checked below. Please
refer to the attached pages for discussion on mitigation measures or
project revisions to either reduce
these impacts to less - than - significant levels or require further study.
D Aesthetics
E Geology and soils
[ Recreation
El Agricultural Resources
❑ Hazards /hazardous Materials
Transportation /Circulation.
Z Air Quality
Z Noise
❑ Wastewater
0 13iol gicai Resources
0 Population /dousing
eater
El cultural Resources
El Public services /Utilities
Land Use
DETERMINATION: (To be completed by the lead Agency)
O n the basis of this initial evaluation the Environmental Coordinator finds that.
The proposed project COULD IT have a significant effect on the environment, and a
NEGATIVE E DECLARATION will be prepared.
( 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 project proponent. A MITIGATED NEGATIVE E DECLAPATI I gill be
prepared.
El The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL TAL IMPACT REPORT F T i required.
The proposed project MAY have a "potentially significant impact or f'potentialiy significant
unless mitigated" impact on the environment, but at least one effect 1 has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and 2 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.
❑ Although the , pro posed project could have a significant effect on the environment, because all
potentially significant effects a have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION I pursuant to applicable standards, and b have been avoided or
mitigated pursuant to that earlier Ells or NEGATIVE DECLARATION, N, including revisions or
mitigation measures that are imposed upon the proposed project, nothing further is required.
C ity of Arroyo G ra n d e, Initial Study for Reservoirs X11. 6 Page I
Agenda Item 8.d.
Page 13
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av�lla tav+►a
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and ot'tor iriformofi;* reiwunt to the environmental review procmss are MmIm4tod fir 00h p
Exhlblt 0 InclQ01% the referenpea used as well as tho agencies or groups thoi were conlacted as a
Pao of the Ihiooi StWy, The GdMmunity Development DspartMent uses the chockliot to Summarize
'khe. rewlfia Qf the I P,mea� �mplisFet� 4u6ng ft mFbia1 onviror117�ortta1 review Qf the projqct
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environmental review proceu for a project should aantoct the City of Arroyo Owde COMln01111y
Qeveioprnent psogrO1ent at 9 14 East Branch Street Arroyo Grande, CA OU20 4r Cn1.l (406) 473§0
Am PRO490T
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+nqodirio outside ond Inside Iodders, a loaf N#ch, vent, Mortobalt manvmY, idmin. 90erd
, Wio9,waikWeY► te-dcwns and dips, and a PVC infetlnutlet pip w'i#h an Internal mIXho SYs%m.
The project WQwid require the disturbance of ipFPre'xfma#ely 75,700 $qpam f (Q,35 acre) of
tho 0,04-qm pameI► Indudin g aPproxima" 204 cubic yards of cut and 51� aublc yard* -of fil I -
The praJeak site is Dated on the northwest side of sVgecoach RoW in San W$ Obigpo
09Ltn1y, apPmAmatelY 0.7 miias narthegst of the city 9f Anvyv Grode (refer to Figures 1 and
2) Sorro+4n4lng lan� uses qro MidenUai and in the Couniys Reallentlat 4wWftn cqtP9PfY
(rofor to Figore $) Fxllstins uses lndude an ebaVe- groc4Rd, wel0ed fee! 0.25 MG reservoir
tank that wa� bL10t in 1979 (Ra&iarvoir #3), catch basin, graded access, fence, and fiats,
v„�a�ar �ac�e tank.
The yank would be 2a feet In he1q�t 41 i feet In dIami�#er, jand the $Xtft r
C66C WQ kW"sandsttine ". Resen/oir #6 wo[f#d bQ located i4dJawi►t tai the SW0 tank,
Resmoir ,grid 25' feet from tie pmpe4ty line. The paSe olavatii n of to prapQsed tar1K
"t4ld bo tot at the same elevation c� the existing tank at 409.0 feet (Rho F91040on) and the
orlel'f1QW O1ewVop of the new tank would mach the averf1qw elevation o1''tho existing lank of
432.4 feet (Wor tp Figure 5).
RWrvolr n Would have a single inletloOet with an Intemaf rn1x1nq sytarn to Met Oe
Cal4fQmle D$partmPn# of Pphllc Health roquirements. The intetlautfet tp R$s$mEr #6 mould be
�10ch 4ucft iron, located orl the- , e�st side of the tapk. The prqpased tank Would helve the
fqlJqw1nq qppurten;ance;; autsld$ Wder wish anti 49oq 39" X 3V oaf hptc;h mof vent:
ln4lde Wdon 36' MonoWlt manwaY full s #ght/leve! Qaug% b-Iheh overflow; dM►n; spard
rafiilla arokrnd the top of tho lank; n46 wall y; sOotY �9 for gemohno!# Oip;; fqr
W#ure 0111Y PtWchmQn� cath►adia protectian flexile baA joie and, a single 8" PVC inle#lbutl#t
Clfiy of AMyo Orand% InIt#ol 8" for ReaOrmIr Na
�a
Agenda Item 8.d.
Page 14
pipe with an internal mixing system (above ground piping would be ductile iron).
Overflow pipe size and draina As here are no existing underground storm dr facilities
within the immediate vicinity of the tank site, the project proposes to pipe the overflow/storm
water from the outlet to the surface of Stagecoach Road via a flared end section with rip -rap.
The on -site overflow/storm drain ' system would use a 10-inch HDPE that would collect the
runoff from the paged access road surrounding the tans and any potential overflow from the
tanks. The overflow/storm drain system includes a concrete Swale around both tanks that
would drain to the underground I o -HDPE storm drain, w hich daylights at the road right -of -way.
The overflow /storm drain piping was sized to handle a worst case scenario in w hich a tank
was overflowing with a flowrate equal to the maximum flowrate that could be produced from
both booster pumps running simultaneously. The actual runoff" from storm events would be
less than the maximum overflow. The pipe size was calculated using Bentley Flowma ter
software.
In general, the proposed grading and drainage would follow the existing drainage patterns
onsite. Concrete swales and storm drain inlets have been added to prevent any storm water
runoff from the paved access roads surrounding the tank from flowing over the adjacent
slopes.
Access. An existing 15 -foot wide compacted access gray from Stagecoach Road provides a
direct pathway to the e reservoir. The project would improve the access from
Stagecoach Road by construction of a n 18 -foot asphalt concrete AC entry road with an AC
berm for access to the existing and proposed reservoirs. The project also includes a 10-foot
access path around the existing Reservoir 3 and the proposed Reservoir 6. The San Luis
Obispo County Department of Public Works leas commented that improvements to the
driveway may require an encroachment permit from the County Public Works Department for
B -1 apron.
Fencing and security The tank site has an existing chain links fence along the perimeter of the
site. Portions of the existing fence would be replaced and a new gate would be installed. The
vehicle access gate would be relocated so that a vehicle can pull onto the driveway out of the
street and be able to open the gate. No additional gates would be added to the site. A
guardrail, lanyard tie downs, and a non-skid surface will be included on the roof of the
proposed reservoir ##6 tanks for additional operator safety.
Erosion Control Plan and Best Management Practices. Proposed erosion and sedimentation
control measures to be implemented during construction would include: inlet protection,
installation of fiber rolls, check. dams on access road, fencing for protection of existing
vegetation outside of the limit of construction, and the application of straw mulch with jute
netting on engineered slopes (refer to Figure 6. A concrete washout area would be included
and a stabilized construction entrance would be provided if necessary.
Landscape and Screeni . The proposed project includes approximately 6,500 square feet of
drought - tolerant landscaping along the frontage of the parcel to screen the reservoir tanks
from viers on Stagecoach load (refer to Figure Irrigation water would be supplied from
Reservoir ##5 and would be regulated by an automatic timer. The irrigation system would be on
grade drip and 'is designed to be temporary (lasting two years). It is anticipated that 0%
screening would be achieved in five to eight years.
Free Replacement Plan. The construction of Reservoir ervoir ## and the additional paging around
Reservoir #3 would require the removal of four oak trees of which only three qualify for
replacement according to the City's Tree Removal Program criteria. The oak trees would be
City of Arroyo Grande, initial Study for Reservoir No. 6 Page
Agenda Item 8.d.
Page 15
replaced at a 3.1 rate, which requires the replanting of mine oaks trees as mitigation for the
removal. The oak trees would be planted on site. The project would also require the removal
of one 10" diameter pine and construction activities would impact a 12" diameter pine.
Fire Protection. The new tank is necessary to .meet the fire storage needs for the existing
customers that are served by tank. In addition, a fire hydrant will be connected just
downstream of the tank, which will allover the fire department to also utilize the fire storage for
the County of San Luis Obispo residents located in the proximity of the new tank. The
construction of Reservoir No. 6 creates -redundant storage and allows Reservoir #3 to be taken
out of service for cleaning and maintenance, which has not been done since the tank was
constructed over 30 years ago.
ASSESSOR PARCEL NUMBER(S): 047 - 126 -010
Latitude: 35 degrees, 8.67' N
B. EXISTING SETTING
LAND USE CATEGORY:
COUNTY AREA PLAN:
EXISTING USES:
TOPOGRAPHY:
VEGETATION:
PARCEL SIZE:
Residential suburban
Longitude: 120 degrees, 33.43' 1111
San Luis Bay Inland
Above - ground, welded steel 0.26 MG reservoir water tank (reservoir 3
Moderately sloping hill in venter of parcel, sloping down in all directions
Oak woodland, dominated by east live oak trees
Approximately 0.64 acres
SURROUNDING LAND USE CATEGORIES AND USES:
North: residential Suburban; residences
South: Residential Suburban; residences
C. ENVIRONMENTAL ANALYSIS
East: Residential suburban; residences
West: Residential Suburban; residences
During the Initial Study process, several issues were identified as having potentially significant
environmental effects (see following Initial Study). ~those potentially significant sterns associated with
the proposed project can be minimized to less - than - significant levels by incorporating the mitigation
measures listed below. All mitigation measures contained in this Initial Study shall be included in the
Conditions of Approval for the project.
City of Arroyo Grande, initial Studer for Reservoir o. 6 Page
Agenda Item 8.d.
Page 16
1.
a)
b)
c)
d)
e)
0
CITY OF ARROYO GRANDE
INITIAL STUDY CHECKLIST
AESTHETICS - Will the project Potentially Impact can
Significant &will be
mitigated
Create an aesthetically incompatible
site open to public vier?
Introduce a use within a scenic view
open to public view?
Change the visual character of a
area
Create glare or night lighting that
may affect surrounding areas?
Impact unique geological or
physical features?
Other
El
El
El
o
0
El
El
Insignificant Not
Impact Applicable
� a
Setting. The project site is located on the northwest side of stagecoach Road, approximately 0.7
mile northeast of the City of Arroyo Grande, i n San Luis Obispo County (refer to Figures 1 -3, Project
Vicinity, Project Location and Aerial Photo Maps). The site i s currently developed with an above-
ground, welded steel 0. reservoir and various appurtenances (Reservoir 3, unpaved access off
of Stagecoach Road, and a pathway to and around the e reservoir. The perimeter of the
property is fenced with a si tall chain -link fence with a three - strand barbed wire for security. The
topography of the Project site consists of a moderately sloping hill in the center of the parcel 1 1 feet
elevation) which slopes down in all directions. The lowest elevation occurs at the southwest corner of
the panel (399 feet elevation). V egetation on site includes approximately 24 oak trees varying in size
from " to 18" in trunk diameter, as well as a few pine trees. The construction of Reservoir 6 and
additional paving around Reservoir 3 would require the removal of four oak trees of which three 3
qualify for r according to the City's Tree Removal Program criteria. The project wound also
require the removal of one 1 -inch diameter pine tree.
Surrounding land uses are large -lot residential uses. All adjacent parcels are in the residential
suburban land use category. Although fairly well shielded by oak trees, the existing Reservoir 3 is
visible from Stagecoach Road along the property boundary and from Paloma Place to the east. The
existing structure is not visible from Corbett Canyon Road, a w ell- traveled road down- slope, and north
of the project site, due to a tall grove of eucalyptus trees and vegetation along the roads
Impact. The project proposes construction of a new 250,000 - gallon, above - ground, gelded steel
water storage tank and various appurtenances (Reservoir , along with improvements to the existing
unpaved Pathways to provide access to both tanks, and replacement of portions of the existing gate
and fencing. The new reservoir will likely be visible from Stagecoach Road, but has been designed to
be the same or similar in size, e color, base elevation and overflow elevation as the existing
Reservoir 3. Proposed oak tree replacement and shielding will also reduce visibility of the structure.
Three oak trees would be replaced at a 3:1 ratio, which requires the replanting of nine oak trees as
mitigation for removal.
Due to existing development the overall visual character of the parcel would not change. D to the
higher elevation of the panel, construction of the water reservoir would not block scenic views beyond
Ci of Arroyo Grande, Initial Study for R No. 6 p age
Agenda Item 8.d.
Page 17
El
Setting. The project site is located on the northwest side of stagecoach Road, approximately 0.7
mile northeast of the City of Arroyo Grande, i n San Luis Obispo County (refer to Figures 1 -3, Project
Vicinity, Project Location and Aerial Photo Maps). The site i s currently developed with an above-
ground, welded steel 0. reservoir and various appurtenances (Reservoir 3, unpaved access off
of Stagecoach Road, and a pathway to and around the e reservoir. The perimeter of the
property is fenced with a si tall chain -link fence with a three - strand barbed wire for security. The
topography of the Project site consists of a moderately sloping hill in the center of the parcel 1 1 feet
elevation) which slopes down in all directions. The lowest elevation occurs at the southwest corner of
the panel (399 feet elevation). V egetation on site includes approximately 24 oak trees varying in size
from " to 18" in trunk diameter, as well as a few pine trees. The construction of Reservoir 6 and
additional paving around Reservoir 3 would require the removal of four oak trees of which three 3
qualify for r according to the City's Tree Removal Program criteria. The project wound also
require the removal of one 1 -inch diameter pine tree.
Surrounding land uses are large -lot residential uses. All adjacent parcels are in the residential
suburban land use category. Although fairly well shielded by oak trees, the existing Reservoir 3 is
visible from Stagecoach Road along the property boundary and from Paloma Place to the east. The
existing structure is not visible from Corbett Canyon Road, a w ell- traveled road down- slope, and north
of the project site, due to a tall grove of eucalyptus trees and vegetation along the roads
Impact. The project proposes construction of a new 250,000 - gallon, above - ground, gelded steel
water storage tank and various appurtenances (Reservoir , along with improvements to the existing
unpaved Pathways to provide access to both tanks, and replacement of portions of the existing gate
and fencing. The new reservoir will likely be visible from Stagecoach Road, but has been designed to
be the same or similar in size, e color, base elevation and overflow elevation as the existing
Reservoir 3. Proposed oak tree replacement and shielding will also reduce visibility of the structure.
Three oak trees would be replaced at a 3:1 ratio, which requires the replanting of nine oak trees as
mitigation for removal.
Due to existing development the overall visual character of the parcel would not change. D to the
higher elevation of the panel, construction of the water reservoir would not block scenic views beyond
Ci of Arroyo Grande, Initial Study for R No. 6 p age
Agenda Item 8.d.
Page 17
the project site and does not otherwise alter the view from Stagecoac Road. The proposed project
includes approximately 6 ,500 square feet of drought - tolerant landscaping along .thee -frontage of the
parcel to screen the reservoir tanks from views on Stagecoach Road. It is anticipated that 50 percent
screening would be achieved in five to eight years. The new access road, pathways, gate and fence
improvements will be consistent with existing and adjacent development, and no significant impacts
would occur.
Mitigation /Conclusion. To ensure proposed development on the project site does not create an
incompatible site or significantly impact aesthetic resources, the proposed reservoir would be
consistent in shape and color and constructed to a size and elevation similar to that of the e
reservoir tank. The proposed Landscape Plan would shield views from Stagecoach Road {refer to
Figure . Landscaping within the public right-of-way.may require are enc r a h ment permit from the
County Public Works Department. The County Public Works s Department has commented that any
landscaping shall be in conformance with County site distance standards and shall be the
responsibility of the property owner to maintain in perpetuity. These measures, along with biological
resources mitigation, which would include oak tree replacement and shielding, would ensure that
impacts are less than significant.
2, AGRICULTURAL RESOURCES potentially Impact can Insignificant Not
- Will the ro � ect: Significant S� will be Impact Applicable
A mitigated
a Convert prime agricultural land to
non - agricultural use?
b impair agricultural use of other
property o result in conversion t o
other uses?
C)
Conflict with existing zoning or
Williamson Act program?
IN
:0 oil
to
ICI
EJ
1:1 F7/1
Setting. Pro Elements. The following area - specific elements relate to the property's importance
for agricuitural production:
Land Use Cate o residential Suburban
State Classification: Grazing Land /other Land
Histodc Existin Commercial Crops. None
In 6gricultural Preserve? No
Under Williamson Act Contract? No
The soil types and characteristics on the subject property include:
Charni shaly_sandy-clay lo m -goo slopes). This moderately sloping sandy soil is considered well
drained. Surface runoff is medium, and the hazard of water erosion in moderate. The very deep soil
has moderate shrink -swell characteristics. This soil is considered Class Vle with and without
irrigation.
Gaviota fine sandy loam (15-50% slopes) . This moderately to steeply sloping sandy soil is considered
well drained, but surface runoff is rapid and the hazard of water erosion is high. The shallow soil has
very low shrink Drell characteristics. This soil is considered Class Vile with and without irrigation.
City of Arroyo Grande, Initial Studer for Reservoir 1o. 6 Page
Agenda Item 8.d.
Page 18
The onsite soils are not classified as Prime Farmland, Farmland of Statewide Importance, Farmland
of Local Importance, or Farmland of Unique Importance.
Impact. This project is located in a predominantly residential area with no production agricultural
activities occurring on the property or in the immediate vicinity. No significant impacts to agricultural
resources are anticipated.
Mitigation /Conclusion. No mitigation measures are necessary.
3. AIR QUALITY - Will the project., Potentially Impact can Insignificant Not
Significant & will be Impact Applicable
mitigated
a Violate any state or federal ambient
air quality standard, or exceed .air
quality emission fliresholds as
established Co un y Air Pollution
Control District AP CD) ?
b) Expose any sensitive receptor to
substantial air pollutant
concentrations?
c} Create or subject individuals to
El
H
objectionable odors?
d) Be inconsistent with the District's
Clean Air Plan?
e} Other
Setting. The San Luis Obispo County Air Pollution control district APC has developed the 2009
CE.A Air Q uality Handbook to evaluate project specific impacts and help determine if air quality
mitigation measures are needed, or if potentially significant impacts could result. The City refers to
this Handbook for all discretionary projects subject to CE A. The existing property use as a reservoir
does not generate traffic or otherwise impact air quality in the area other than those resulting from
standard maintenance. Construction of the new reservoir will likely generate short -term construction
traffic and fugitive dust. The project is not expected to have long -term air quality impacts.
Impact The project will result in the disturbance of approximately 15,700 square feet (0.36 acre).
This will result in the creation of construction dust, as well as short- term vehicle emissions. No long -
term vehicle emissions are anticipated to result from the proposed project.
As proposed, the project will result in an estimated 204 cubic yards of cut and 515 yards of fill,
creating construction dust. In San Luis Obispo County, ozone and P 1,, are the pollutants of primary
concern, since state health -based standards for these pollutants are exceeded in portions of the
County in most years. Tort - terra impacts from site preparation and grading could result in dust
generation that could affect adjacent residential properties. The project is consistent with the general
level of development anticipated and projected in the . Clean Air Plan. The AP ID comments on the
proposed project stated that impacts resulting from construction will likely be less than the APCD's
significance threshold values of 185 lbs of emissions per day and 2.5 tons of emissions per quarter
(Garr Arcernont; November 2009). Operational impacts are similarly not expected to create
significant impacts related to greenhouse gases.
City of Arroyo Grande, Initial Study for Reservoir oir o. 6 Page
Agenda Item 8.d.
Page 19
Standard requirements regarding naturally- occurring asbestos, developmental burring, and use of
equipment requiring issuance of are APCD permit apply to the project. Based on compliance with
these standards, and incorporation of dust control measures, potential impacts would be mitigated to
less than significant.
Mitigation/Conclusion. To minimize nuisance dust impacts, the City will implement APCD fugitive
dust mitigation. measures, as described below. The City will also comply with the ARB Air Tonics
Control Leasure for Construction, Grading, Quarrying, and Surface Mining Operations, and obtain
necessary permits from A PCD prig to construction. Implementation of these measures would
mitigate potential impacts to less than significant.
Construction Phase E missions
MM .1: The project shall comply with all applicable Air Pollution control District APCD
regulations pertaining to the control of fugitive dust P 10 as contained in section 6.5 of the Air
Quality Handbook. All site grading plans shall list the following regulations;
a. Deduce the amount of disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency would be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible;
c. All dirt stook pile areas should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project re eget tion and
landscape plans should be implemented as soon as possible following completion of any soil
disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast germinating native grass seed and watered
until vegetation is established;
f. All disturbed soil areas not subject to revegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paged should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface
at the construction site;
L All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard minimum vertical distance between top of load and
top of trailer) in accordance with C C Section 23114;
j. Install wheel crashers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site; and
k. sweep streets at the end of each day if visible soil material is carried onto adjacent pared
roads. Water sweepers with reclaimed water should be used where feasible.
City of Arroyo Grande, Initial Stogy for Reservok No. 6 Page 8
Agenda Item 8.d.
Page 20
Responsible Party: city of Arroyo Grande -- PVC
Monitoring Agency: City of Arroyo Grande --r CDD, APCD
Tirnefrarne: During site disturbance, grading, and construction
MM .2: The project shall comply with all applicable regulations contained in the Air Resources
Board (AR B) Air Toxics Control Measure for construction, Grading, Quarrying, and surface
Mining Operations relating to Naturally Occurring Asbestos i l A . Prior to any grading
activities at the site, the applicant shall ensure that a geologic evaluation is conducted to
determine if IA is present within the area that will be disturbed. If NOA is not present, an
exemption request must be fled with the AF B. If NOA is found at the site, the applicant must
comply with all requirements outlined in the Asbestos Air Tonics control Measures.
Responsible Party: city of Arroyo Grande — PW
Monitoring Agency; City of Arroyo Grande — CDD
Tirnefranne: Prior to grading
MM 3.3: The city shall obtain required permits from APCD for the use of portable equipment (50
horsepower or greaten and applicable operational equipment. The City shall contact the APCD
Engineering Division at (805) 781 -5312 for specific information regarding necessary permits.
Responsible Party:
Monitoring Agency:
Timeframe;
4., BIOLOGICAL RESOUI
Will the project:
City of Arroyo Grande - P
City of Arroyo Grande —CDD, APCD
Prior to grading and operation
RCES - Potentially Impact can Insignificant Not
Significant & will be Impact Applicable
mitigated
a Result in a loss of unique or special
status species or their habitats?
b Reduce the extent, diversity or
quality of native or other important
vegetation?
c Impact wetland or riparian habitat?
d Introduce barriers to movement of
resident or migratory rish or wildlife
species, or factors that could hinder
the normal activities of wildlife?
e Other
Setting. According to a Biological Resources surrey Report prepared by a qualified consultant
( SWCA 201 , the plant community is dorninated by coast Iive oak trees with a sparse understor
composed of leaf litter, veldt grass, humming bird sage, monl eyflo wer, and poison oak. Wildlife
observed during a site visit was limited to avian species. Birds observed foraging in oak trees and in
understory vegetation during the site visit included acorn woodpecker, bushtit, white - crowned
sparrow, northern mockingbird, scrub jay, and California towhee.
Special- status _ Plant species. Based on the location of the project site, and documented occurrences
in the vicinity, the project site has the potential to support suitable habitat conditions for the following
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page
Agenda Item 8.d.
Page 21
special - status plants. Hoover's bent grass, Cambria morning- glory, Hardham's evening primrose,
Straight -awned spineflower, Pismo clarkia, Indian Knob mountainbalm, Mesa horkelia, San Luis
Obispo county lupine, Carmel Malley bush - mallow, and Black-flowered figwort. Based on field
surveys conducted during blooming period for these species (spring and summer of 2010), these
species were not observed.
Sp ecial-status Animal Species. The biological resources survey identified suitable habitat for nesting
birds and the following sensitive species: merlin, purple martin, pallid bat, Tornsend's big -eared bat,
Yuma myotis, Western mastiff bat, Western red bat, and Monterey dusky - footed woodrat. Four
woodrat reddens were observed below oak trees on the project site. Due to the location and size of
the maddens, they likely belong to Monterey dusky - footed woodrat. Monterey dusky - footed woodrats
are a California species of special Concern ( SSC) protected under the California Endangered
Species Act (CESA). No other special- status species, nests, or nesting activity, or evidence of
roosting by bats was observed.
I ativeAmgortant Vegetation. The project site supports approximately twenty four 2 coast live oak
trees varying in size from' 3 to 18 inches in diameter, and a few pine trees.
Wetland /R Tian Habitat_„ A catch basin that traps overflow from reservoir 3 is located immediately
adjacent to the entrance to the project site and within the disturbed /maintained portions of the site.
The catch basin appears to be maintained regularly due to the lack of vegetation around the edges of
the basin and percentage of bare ground present; however, some hydrophytictwetland plant species
(approximately 4 inches tall) were observed within the basin. The presence of these plants is likely a
result of the rains received on 10-13-09 and /or from overflow from Reservoir 3. Wetland plants
observed within the basin include cattail, tell flat sedge, and common spikerush. Based on the site
topography and since the hydrologic source is from Reservoir 3, it is unlikely that this area is
considered a wetland and/or jurisdictional waters of the U.S. No evidence of are ordinary high water
mark or connectivity to traditionally navigable waters was observed.
Resident/Migratory Wildlife. No bird nests were observed during the field survey; however, trees and
vegetation on the project site have the potential to support nesting birds protected by Migratory Bird
Treaty Act of 191 M TA , including ground- nesting birds such as the California towhee. The I IBTA
protects all migratory birds, including their eggs, nests, and feathers.
Im pact. Implementation of the project would include vegetation and tree removal, grading, and
construction activities. These actions have the potential to adversely impact biological resources, as
discussed below.
Special-status Species. Four Monterey dusky - footed woodrat middens were observed on the project
site. The site also has the potential to support roosting bats. Monterey dusky- footed woodrats and
roosting bats are protected under the California Endangered species Act (CESA). These species
could be adversely affected by disturbance and loss of habitat as a result of construction activities,
including grading, tree removal and trimming, and construction activities.
lativellrrr ortant etation. , Implementation of the project would require the removal of four east
live oak trees (including tree' mature trees) and one pine tree. one additional pine tree would be
impacted by construction activities, Inadvertent disturbance of oak trees to remain may occur,
including soil compaction and other disturbance within the root zone, which may result in impacts to
additional oak trees. coast live oak trees are considered a sensitive resource by the City of Arroyo
Grande and the County of San Luis Obispo. The City proposes to replace the three mature oak trees
at a :1 ratio, for a total of nine oak trees. The oak trees would be planted on site.
City of Arroyo Grande, Initial Study for Reservoir ervoir 1 o. 6 Page 1
Agenda Item 8.d.
Page 22
F esident/Mi rato Wildlife. Removal and/or pruning of trees during the nesting. bird season
( approximately February 16 through August 31 may result in significant 'impacts to nesting birds,
including disturbance to and/or loss of nests, eggs, and chicks.
mitigation/co Implementation of the proposed project would require removal of three
mature coast live oak trees, and may result in the disturbance of Monterey dusky - footed woodrat,
nesting birds, and roosting bats. The project includes replacement of nine coast live oak trees onite.
In addition, measures to reduce potential indirect impacts, protect existing native trees, and avoidance
of special-status or sensitive wildlife during grading and construction activities are necessary.
Potentially significant impacts to biological resources can be mitigated to a less - than - significant level
with implementation of the below mitigation .measures.
MM .1: The City shall retain a qualified biologist to assist in the rer oval relocation of woodrat
middens if any) that are located within the project disturbance areas. Removal of the
middens should be conducted after September 1 and before February 15. During
implementation of site clearing activities and under supervision of the biologist, the contractor
shall remove all vegetation and other woodrat shelter within the disturbance areas that
surround the woodrat middens to be removed. Upon completion of clearing the adjacent
woodrat shelter, the biologist shall gently nudge the intact middens with equipment or long
handled tools. Due to the potential health hazards associated with removing woodrat
middens, hand removal is not recommended. Workers shall plane their equipment within the
previously cleared area and not within the undisturbed woodrat shelter area. The objective is
to alarm the woodrats so that they evacuate the ridden and scatter away from the equipment
and into the undisturbed areas of the site. Once the woodrats have evacuated the rnidden, the
contractor shall gently pick up the structure with a front loader and move it to an area not to be
disturbed. The objective of moving the structure is to provide the displaced woodr.ats with a
stockpile of material to scavenge while they build a new ridden; consequently, jeopardizing
the integrity of the structure is not an issue.
Responsible Party; city of Arroyo Grande - PW
Monitoring Agency: City of Arroyo Grande --- CDD
Tirneframe: Prior to grou disturbance
III .2: Prior to any construction activities, the project site shall be clearly flagged or fenced
so that the contractor is aware of the limits of allowable site access and disturbance. The
number of access mutes, size of staging areas, and the total area of the activity shall be
limited to the minimum necessary to achieve the project goal.
Responsible Party: City of Arroyo Grande - PW
Monitoring Agency: City of Arroyo Grande — CDD
Tirnefrare: Prior to ground disturbance
MBA .3: Removal of vegetation and pruning of oak trees shall be conducted in the fall and
winter (between September I and February 15), if possible, after fledging and before the
initiation of avian breeding activities.
Responsible Party: city of Arroyo Grande - PW
Monitoring Agency: city of Arroyo Grande — CDD
Tirefrarne: Prior to ground disturbance
MM 4.4: If vegetation must be removed or trees pruned from February 15 to September '1, the
applicant shall retain a qualified biologist to conduct pre - construction surveys for nesting bird
species within the project site. if active nests are observed, the applicant shall either 1 gait
City of Arroyo Grande, Initial Study for Reservok No. 6 Page 1
Agenda Item 8.d.
Page 23
for such nesting birds to fledge and leave the project site, or 2 consult with the appropriate
resource agency and secure impact authorization, prior to site disturbance.
Responsible Party: City of Arroyo Grande - PI!
Monitoring Agency; City of Arroyo Grande — CDD, CDFG
Time frame: Prior to vegetation and tree removal
MM 4.5: A Tree Protection Plan shall be prepared by a certified arbrist for alt p tentiall
impacted trees to remain on the project site, including oak and pine trees. n y oak trees
intentionally or unintentionally killed or removed that are greater than - or equal to four 4
inches diameter at breast height DBH and less than twelve 12 inches DBH shall be
replaced at a :1 ratio. Trees removed that are greater than o equal to twelve 12 inches
DOH
shall be replaced at a 5:1 ratio. I e lacement trees shall be limited to ' app ropriate native
tree species as approved by the City arbcrit. All trees to be removed or retained shell be
marked with differentiating colored ribbon or paint.
Responsible Party: City of Arroyo Grande — P11
Monitoring Agency: City of Arroyo Grande — CDD
Timefrarne: Prior to ground disturbance
5.
CULTURAL RESOURCES -
Potentially
impact can
Insignificant
Not
Will the project
Significant
& will be
Impact
Applicable
mitigated
aj
Disturb historic resources?
b}
Disturb prehistoric resources?
c}
Disturb paleontological resources?
co
Other ,
1:1
F
Setting. The Project is located in an area generally described as the Central Coast Archeolog
Region, and is believed to have been historically occupied by the northernmost subdivision of the
Churna h, the Obispeho. No historic structures are present and no paleontological resources are
known to exist in the area.
According to a Cultural Resources Survey prepared by a qualified consultant - (SWCA 2009) no
previously recorded cultural resources were identified within the project area or - within a 0.2 mile
radius. Additionally, no cultural resources were identified within the project area durin g a records
search or archeological field survey.
Impact. Due to the results of archival research and the lack of artifactual evidence noted durin g the
survey, it does not appear that any prehistoric o historic resources occur within the project area. N
evidence of cultural materials was �
s noted n the property and impacts t historical or paleontological
resources are not expected.
Mitigation /Conclusion. While it is unlikely that cultural surface remains are present, this does not
preclude the possible existence of subsurface remains. Any busied cultural resources that are
discovered during future ground disturbing activities will create cause for immediate work stop
pp e g
until a qualified archaeologist can male an assessment of the resources and proper mitig
measures can be formulated. Ho wever, no significant cultural resource impacts are expected t
occur, and no mitigation measures are necessary.
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 12
Agenda Item 8d.
Page 24
fi. GEOLOGY AND SOILS - Potentially impact can Insignificant Not
Will the project: Significant 8 will be Impact Applicable
mitigated
a Result in exposure to or production
of unstable earth conditions, such
as landslides, earthquakes.,
liquefaction, ground failure, land
subsidence or other similar
hazards
b Be within a CA Dept. t. Mines & El 11 El
Geology Earthquake Fault Zone
c result in soil erosion, topographic
charges, loss of topsofl or unstable
soil conditions from project - related
improvements, such as vegetation
removal, grading, excavation, or fill?
cQ Change rates of soil absorption, or
❑
amount or direction of surface
runoff?
e include structures located on
expansive soils?
f Change the drainage patterns where
substantial on- or off -site
sedimentafionl erosion or flooding
may occur?
g Involve activities within the 100-year
floodzone
h Be inconsistent with the goals and
policies of the County's Safety
Element relating to Geologic and
Seismic Hazards?
i Preclude the future extraction of
valuable mineral resources?
j) Other
❑
setting. The topography of the project site is gently to moderately sloping. The site is not located
within a 10-year flood zone. The project site is not identified as being located in a hazardous area in
the County's Flood Hazard, Dares Inundation Area, or Earthquake Fault Zones raps. However, the
County Safety Element's Fault Hazards Map shows potentially - active faults in the relative vicinity of
the project area. The County Safety Element's Landslide Potential Map and Liquefaction Hazards
Map show a low potential of landslide or liquefaction hazards at the project site.
The soil types and characteristics on the subject property include Chamise shady sandy clay loam and
Gaviota fine sandy loam. The project proposes the construction of an 18 --foot AC entry road with an
AC berm, as well as a paved 10-foot access path around the existing and proposed reservoirs. This
will affect cnsite soil absorption and surface runoff patterns. The APCD has stated that the project is
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 1
Agenda Item 8.d.
Page 25
w ithin an area that may contain natura occurring asbestos N A .
Impact. The landslide risk potential and liquefaction potential during a ground-shaking event is
considered low. The major source of potential earthquake damage to Arr Grande is from activity
along the regional San Andreas Fault located less than forty miles east along the eastern border
of San Luis Obispo County. The most widespread intensity of ground shaking depends on several
factors including the magnitude of the earthquake, the distance from the earthquake epicenter and
underlying soil conditions. Other - regional faults of significance that could affect the project area In
terms of ground shaking are the l incondada and Nacirniento faults, located approximately twenty-five
(25) riles east of the City. These faults are considered "potentially actives', and could cause
moderate (Magnitude .o+ earthquakes in the area. The West hluasna fault is boated ( 3) roughly three
miles east of the � g
Cit of Arroyo Grande 2. .miles east of the proj ect site). The.
project site would be subject to severe ground shaking in a strong seismic event, which could cause
damage to structures and endanger public safety.
There is a potential for N OA to occur on the pro perty site. As discussed under Air Q ualit , the Cit will
� y
conduct testing to verify presence or absence, and comply with existing regulations specific to the
management NA.
Implementation of the project would result in the disturbance of approximately 0. 36 acre, which may
result in erosion and down gradient sedimentation. Soil absorption and surface runoff patterns will be
affected by the proposed paged driveway and access paths; however, design of the s ro'ect includes
measures and b �
t management practices to manage onsite drainage and control erosion. Based on
the Soils Engineer Deport and Addendum (Earth Systems Pacific; 2009 ) prepared for the ro'ect
p ]
the site is suitable, from a geotechnical standpoint, for the proposed water tank and utility
connections. The primary concerns identified in the report include the presence of filll material, the
potential for diffierential settlement, and the erodible nature of the site soils above the rock. The rep rt
includes standard engineering r ..
g g ec mmendati ns for site preparation, grading, utility trenching,
foundation design, drainage, maintenance, testing, and observation.
The proposed project is consistent with the Geologic and Seismic Hazards policies in the Count
Safety Element, and the proposed construction will comply with .applicable buildin g code
requirements.
I iti ationlconcluslon. Seismic hazard, soil stability, soil absorption and surface grater runoff are
considered potentia significant impacts that can be reduced to a less- than - level through
Compliance with the Uniform Building Code and implementation of recommendations identified in the
Soils Engineering Report and Addendum. County Public Works has recommended that storm water
runoff generated by the additional site paving be dispersed non- errosively on and that LID
components be used to minimize offsite storm water flows. The City has prepared a site and Grading
Plan (See Figure . There is no evidence that measures above what is currently proposed or will
already be required by ordinance or codes are necessary.
7. HAZARDS &HAZARDOUS Potentially Impact can Insignificant Not
MATERIALS - Will the project Significant &will be Impact Applicable
mitigated
a Result in a risk of explosion or
release of hazardous substances
( e.g. oil, pesticides, c hemkals,
radiation) o exposure of people t
hazardous substances?
C ity of Arroyo G ran d e, Initial Study for Reservoir- No 6 Pa 1
Agenda Item 8.d.
Page 26
7.
HAZARDS & HAZARDOUS
Potenti
impact can
Insignificant
N ot
MATERIALS project: � ���� pro #
Significant
will be
m ■ ■
it
Impact
Applicable
b)
In with are em er g ency
response or evacuation plan?
c)
Expose people to safety r isk
El
M
associated with airport flight
paflern
d
Increase fire hazard risk or expose
El
people o r structures t o high f►re
hazard ondron?
e
Create any other health hazard or
pot enti a l � it hazard?
f
other
setting. The project is not located in an area of known hazardous material contaminat The
project is not within an Airport Review area, nor
is it i n the vicinity of any Geologic study Areas or fault
lines.
Regarding potential fire hazards, the project site is located in a High Fire Hazard severity Zon
Impact. The project does not propose the use of hazardous materials. The project is not expected to
conflict with any regional evacuation plan. The project does not present a significant or increased fire
safety risk. The new reservoir is necessary to meet the fire storage needs for existing customers. A
fire hydrant will be connected downstream of the tank, which will allow the fire department to utilize
the fire storage for the county residents located in the pro of the new tank. The new tank
creates redundant storage and allows Reservoir 3 to be taken out of service for Meaning and
maintenance, which has not been done since the tank was constructed over 30 years ago.
The project is required to comply with all fire safety rules and regulations, including the California Fire
Code, and Public Resources code and any standards referenced therein. The applicant has
designed the proposed access way to meet CAL FIDE standards. CAL FIRE provided comments on
the project, recommending guidelines for installation of the new water tank as follows: crater storage
tank mu meet the intent of IFPA requirements; vegetation clearance as appropriate per Public
Re code 4291, and in keeping with aesthetic requirements of the county Planning and
Building Department; road access of minimum 10 foot width and all - weather surface; - and locked
gates requiring a KNOX entry system (Chad relak# November 2009).
Mitigation/Conclusion. No impacts as a result of hazards or hazardous materials are anticipated,
and n additional mitigation measures are necessary.
8. N O ISE - Will the project:
a Expose people to noise levels that
eyed the City's Noise Element
thresh oIds ?
b) Generate increases in the ambient
noise levels for adjoining areas?
Potentially Impact can Insignificant Not
Significant 8 will be Intact Applicable
mitigated
C ity of Arroyo G ra n de, Initial Study for Reservoir No. 6 Page
Agenda Item 8.d.
Page 27
8. NOISE - Will the project Pot Im pact can Insign ificant Not
Significant & will be Impact Applicable
mitigated
) Expose people to severe noise or
� r �j
vi ra�fior !
) Other El 1:1
setting. Existing ambient noise in the vicinity of the project site is primarily generated by light
vehicular traffic accessing surrounding large lot residential properties.
Impact. The project is e to generate construction noise that is likely to impact adjacent
residences. Construction noise is regulated by the San Luis Obispo County Noise Element and the
Noise Standards of the Land Use Ordinance LU of San Luis Obispo county. The Noise Standards
of the county LUO create exterior and interior noise level standards for the protection of noise -
sensitive receptors. Pursuant to Section 22.10.120 of the LIDO, noise standards do not a to noise
sources associated with construction, provided such activities do not take place prior to :00Al l or
prior to g:OOPM on any day except Saturday or Sunday, or before 8: OAM or after :OOPM on
Saturday or Sunday. The noise standards also do not apply to noise sources associated with wort
performed by private or public utilities in the maintenance or modification of its facilities.
Operation of the facility is not e to generate noise beyond existing conditions. During
construction, the proposed project may create potentially significant noise impacts that 'can be
mitigated to a less-than-:significant lever with implementation of the below mitigation measures.
Mitigation/Conclusion. The project will generate short - terra noise impacts with construction
a ctivities, which ca be mitigated t o less than significant levels through implementation of the
measures listed below in accordance with the county LUO. Long - terra increases in traffic and other
operational noise levels are considered less - than - significant impacts and no mitigation measures are
necessary.
MM 8.11: construction activities shall be restricted to the hours of : OA to 9:00 PM Monday
through Friday, and 8 :OO M to :OOPM on Saturday and Sunday. There shall be n
construction activities on Sundays. Equipment maintenance and servicing shall be confined to
the sane hours.
Responsible Party: City o f Arroyo Grande - Pv
Monitoring Agency: city of Arroyo Grande — CDD
Tim fra e: During construction
MM 8.2: All construction equipment utilizing internal combustion engines shall be required to
have mufflers that are in good condition. Stationary noise sources shall be located at least
300 feet from occupied dwelling units unless noise reducing engine housing enclosures or
noise screens are provided by the contractor.
Responsible Party: City of Arroyo Grande - Pv
M onitoring Agency: City of Arroyo Grande — DDD
Tir efrarne: During construction
MM 8.8: Equipment mobilization areas, water tanks, and equipment storage areas shall be
placed in a central location as far from existing residences 'as feasible.
C ity of Arroyo G ra n d e, Initial Study for Reservoir No. 6 Page 1
Agenda Item 8.d.
Page 28
9.
POPULATIONMOUSING -
Potentially
Impact can
Insignificant
Not
N
WiIl the project.'
Significant
& will be
Impact
Applicable
El
z
mitigated
El
a)
Induce substantial growth in an area
El
El
either directly or indirectly (e.g..,
through projects in an undeveloped
area or extension of major
rnfrastrucfure)?
b}
Displace existing housing or people,
requiring construction of
replacement housing elsewhere?
c)
Create the need for substantial new
housing in the area?
d)
Use substantial amount of fuel or
energy?
e}
Other
Setting. The project site is in the County Residential Suburban category and i s bounded by large lot
residential development to the north, south, east and west. Public utility facilibes are an allowable use
in this category pursuant to County code.
Impact. The project will not result in a need for a significant amount of new housing, and will not
displace existing housing. Because the project does not create additional fire storage capacity, it is
not expected to have a significant impact on the inducement of substantial growth in the area. The
s hort-term use of fuel and energy for construction of the reservoir is consistent with expected
development in the area, and is not considered a significant impact.
M itigation/Conclusion. No significant population and housing impacts are anticipated, and n
mitigation measures are necessary.
10. PUBLIC SERVICESIUTILITIES -
Will the project have an effect upon, or
result in the need for new or altered public
services in any of the following areas:
a} Firs protection?
b) Police protection?
c) Schools?
co Roads?
e) Solid Wastes?
Potentially Impact can Insignificant Not
Significant & will be Impact Applicable
mitigated
g) Other
Setting. The project site is located within the County of San Luis Obispo, and is owned by the City of
Arroyo Grande. The area is served by CAS. FIRE and the County Sheriff and public roads
(Stagecoach Road) is maintained by the County Public Voris department.
City of Arroyo Grande, Ini "a! Study for Reservoir No.
Page 1
Agenda Item 8.d.
Page 29
El
LN
F1
1:1
N
El
El
El
z
El
L�_�J
El
El
Setting. The project site is located within the County of San Luis Obispo, and is owned by the City of
Arroyo Grande. The area is served by CAS. FIRE and the County Sheriff and public roads
(Stagecoach Road) is maintained by the County Public Voris department.
City of Arroyo Grande, Ini "a! Study for Reservoir No.
Page 1
Agenda Item 8.d.
Page 29
Impact Development ent of the site with one additional reservoir ma increase th reed for fire and
police protection services in the event of a fire or life emergency or crime. Implementation of the
project would not significantly increase the potential demand for these services; therefor this impact
is considered insignificant. The project is necessary to meet the fire storage needs for the exi s t ing
c ustomers that are served by the tannic. A fire hydrant will also be connected downstream of the tanks
which mill allover the fire department to also utilize the fire storage for the Cou residents located in
the proximity of the new tank. The project may create a potential cumulative beneficial impact � ire
safety. Although it is not intended to create additional storage, it will allo w the existing Reservoir 3
to
be taken out of service for cleaning and maintenance, which has not been done since 1979.
The
proposed project is consistent with the fire safety regulations in the County Safety Element and
comports with the Element's standard S-45, which encourages continued efforts to ensure that
sufficient water supplies are available for protection of structures.
The perimeter of the project site is currently fended with a six -foot tall fence and three�strand barbed
wire for security. Portions of the existing fence will be replaced and a new gate would be install
The vehicle access gate would be relocated to allow vehicles to pull onto the drive 'way and out of
the
street to open the gate. The existing driveway will be improved to meet CAL FIRE standards and
serge the two reservoirs. No residential development is proposed o exp ected to result from the
project, and rr needs relate �
J d to the disposal of solid wastes is anticipated other than short -term
construction related waste. construction of the project will also create additional short -term traffic on
surrounding roads. No project - specific impacts to utilities or public services were identified. This
project, along with others in the area, may have a cumulative effect on pol and fire protection. The
project may also have a beneficial impact on fire safety. The project is not exp ected to create
residential uses, and will not have an effect upon schools. Short -term construction a
generation impacts n local
roads and related to the p
of construction waste are considered insignificant.
M itigation/Conclusion. No significant impacts are anticipated, and no mitigation measures are
necessary.
Potentially Impact can Insignificant Not
Significant &will be Impact Applicable
11.. RECREATION -W ill the project: mitigated
a Increase the use or demand for parks
or other recreation opportunities?
b) Affect the access t trails,, parks or
offer recreation opportunities
c) O ther
❑
Setting. The project is not proposed in a location that will affect any trail park p or other r
resource.
Impact. The additional reservoir wo uld not increase demand for county park and recreation facilities.
Mitigation /conclusion. No significant recreation impacts are anticipated, and mitigation
p no rnitigation
measures are necessary.
72 TRANSPORTATION/ Potentially Impact can insignificant Not
CIRCULATION - Will the project Significant 8► will be Impact Applicable
mitigated
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 18
Agenda Item 8.d.
Page 30
12. TRANSPORTATION/
CIRCULATION - Mill the project:
a Increase vehicle trips to .local or
areawide circulation system?
b Reduce existing "Levels of Service"
on public roadway(s)?
c Create unsafe conditions on public
roadways (e.g., limited access,
design features, sit distance)
d Provide for adequate emergency
access?
e Result in inadequate parking
capacity's
0 Result in inadequate internal traffic
circulation?
g) Conflict with adopted policies, plans,
or programs supporting alternative
transportation (e.g., pedestrian
access, bus turnouts, bicycle racks,
etc*
lr Result in a change in air traffic
patterns that may result in
substantial safety risks?
Potentially Impact can
Significant will be
mitigated
Q
El
Insignificant Not
Impact Applicable
a ❑
i}
Other
setting. The project is located on the northwest side of stagecoach Toad, in a Residential suburban
area. stagecoach Road and other surrounding local streets currently operate at an acceptable level
of service. The San Luis Bay Inland Area Plan identifies stagecoach Load as a road being used as
collector, but not adequately improved to serge that purpose, and proposes improvements to the road
to meet suburban collector standards between the Arroyo Grande city limits and Lopez Drive.
Impact. The project proposes construction of an additional reservoir, which will result in additional
short -term construction vehicle trips on local roads. Based on existing road speeds and configuration
(vertical and horizontal road curves), sight distance is considered acceptable. Additionally, the
existing vehicle access gate would be relocated so that a vehicle can pull onto the driveway out of the
street and be able to open the gate.
The project was referred to the County Public Works Department for review. The County did not
identify any significant transportation/circulation impacts. The County noted that improvements to the
site driveway may require an encroachment permit, and recommended that it be reconstructed in
accordance with County Public Improvement Standard B -1 b (Glenn Marshall; N ovember 2009). The
City proposes to comply with these standard requirements.
The proposed project will create short- terra construction traffic on local roads. Because of the remote
location of the project site, this small amount of additional traffic is not expected to result in a
significant change to the existing road service or traffic safety levels. The long-term generation of
traffic e.g., maintenance and operation trips) w ould be similar to existing conditions. During
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 1
Agenda Item 8.d.
Page 31
construction, equipment or vehicles parked on or near the project site may create unsafe conditions
on surrounding roads, resulting in a potentially significant impact.
Mitigation/Conclusion. Although no significant traffic concerns are identified, the project
may create an unsafe condition on a public road. This -short -terra ]impact can be mitigated to a less-
than-significant level with the following mitigation measures:
M 12.1: Construction equipment shall not be left, stored or parked on the side of
Stagecoach Road unless a traffic management plan has been prepared, utilizing cones,
construction signs and other similar tools, to improve safety conditions for local vehicle and
pedestrian traffic.
Responsible Party: City of Arroyo Grande - PW
Monitoring Agency: City of Arroyo Grande — C D
Time came: Prior to site disturbance/construction
13 WASTEWATER - Will ' tie
Potentially
impact can
Insigni lcant
Not
project.
significant
&will b
I
Applicable
mitigated
a Violate wast discharge requirements
for wastewater systems?
b ) Change the quality of surface or
groundwater e.g., nitrogen- loading,
daylighting 7
o Adversely affect commun
rase rater service prov
co Other
El
sefting. The project does not propose a wastewater discharges.
Impact: The added reservoir will not affect
any community wa stewater
systems or
create any
additional wastewater demands.
Mitigation /Conclusion. No significant wastewater impacts are antic
and no mitig ation
measures are necessary.
14 H AND WATER
Pot entia lly
I mpact c an
Insignificant
N ot
Q UALITY - Will t pro �
Sign�fiSignificant
will be
�
m tigated
Im pact
Applicable
a Violate an water quali standards?
F1
b Discharge in to surface grat or
otherwise alter surface water qualit
( e.g., turbidity, temperature.,
dissolved oxygen, etc.
c) C hange th quality of gro
t
(e .g.., salt rafer infrus1'on, nit o en-
loQdigy etc.)
City of Arroyo Grande, Initial Study for Reservoir Afo. 6 Page
Agenda Item 8.d.
Page 32
14. HYDROLOGY AND WATER
QUALITY - Will the project:
d) Change the, quantity or movement of
available surface or ground wafer's
e} Adversely affect wafer supply?
0 Other
Potentially Impact can insignificant Not
Significant & will be Impact Applicable
mitigated
setUngt The topography of the project site is gently to moderately sloping. The nearest water source
is a creek located approximately 0.2 mile north of the project site. There are also two unnamed
ephemeral drainages approximately '1 feet from the project site that likely only carry stormwater
during the rainy season. These drainages are located on the opposite side of Stagecoach Toad, and
appear to eventually flow into Arroyo Grande Creek.
Impact: The project consists of the construction of an additional above - ground water tank to allow for
maintenance and cleaning of the existing tank. No point source water discharges are anticipated and
the proposed project is not anticipated to result in a significant increase in water demand. Proposed
landscaping includes 6,500 square feet of drought - tolerant landscaping, which will be irrigated with
water supplied from the new reservoir on a temporary basis (approximately two years). The project is
exempt from the National Pollutant Discharge Elimination System 11PDES requirement for
preparation of a Storm Water Prevention Pollution Plan SWPPP because the project is less than one
acre in size.
The project proposes the disturbance of 15,700 square feet and approximately 204 cubic yards of cut
and 515 cubic yards of fill. In general, the proposed grading and drainage would follow the existing
drainage patterns onsite. Concrete swales and storm drain inlets are included in the project design to
prevent any storm water runoff from the paged access roads surrounding the tanks from flowing over
the adjacent slopes. Construction activities at the site could result in degradation of water quality in
nearby surface and ground water bodies through surface runoff and infiltration to ground water, and
may indirectly cause impacts on the riparian values of the downstream water bodies and sensitive
species. Construction equipment can also leak dangerous chemicals that can seep into groundwater
or into water bodies. However, because o f the minimal construction anticipated, and location of the
proposed project, this impact is considered less than significant. The project has been designed to
minimize potential water quality damages associated with potential runoff and sedimentation. The
project includes erosion and sedimentation control measures, including inlet protection, installation of
fiber rolls, ch.eck damns on access road, fencing for protection of existing vegetation outside of the limit
of construction, and the application of straw mulch with jute netting on engineered slopes. A concrete
washout area and stabilized construction entrance will also be provided if necessary. As designed,
these impacts are considered less than significant.
Mitigation/Conclusion. Tine city has created an Erosion and Sedimentation Control Plan (see
Figure , and the project will implement standard sedimentation and erosion control measures and
best management practices to minimize e these potential impacts. Impacts to water quality can be
reduced to a less - than- significant level with implementation of the above - referenced mitigation.
City of Arroyo Grande, Initial Sturdy for Reservoir 1 . 6 Page 21
Agenda Item 8.d.
Page 33
15. L Will the project. Inconsistent Potentially consistent Not
Inconsistent Applicable
a Be potentially inconsistent with land ❑ ❑
arse, policyreulation e.., General
Plan, Development Code), adopted
to avoid or mitigate for
environmental effects?
b Be inconsistent with any habitat or
community conservation plan
c Be potentially inconsistent wifh
adopted agency environmental
plans or policies with Jurisdiction
over the project?
aI Be potentially incompatible with
❑
surrounding land uses?
e Other
❑
Setting/Impact The project site is in the Residential Suburban category, and the proposed use is an
allowable use for that category. Surrounding land uses are identified on Page 4 of the Initial Study
(See also Figure 3, Land Use Category Map). The proposed project was reviewed for consistency
with policy and/or regulatory documents relating to the environment and appropriate land use e.g.,
County General Plan, County Land Use Ordinance, City's Land Use Element, etc.). The project was
found to be consistent with these documents and codes with implementation of the move 'mitigation
measures.
The project is not within or adjacent to a habitat or conservation plan area. The project site currently
supports Reservoir 3, which was built in 1979, and the proposed addition of another reservoir is
compatible with surrounding land uses. Mitigation is recommended to reduce the effects of dust,
noise, and storage of construction equipment and 'materials in the area, which would minimize the
potential for lanai use conflicts during construction.
Mitigation/Conclusion. No inconsistencies were identified and therefore no additional measures
above what are already required are necessary.
16. MANDATORY FINDINGS OF Potentially impact can Insignificant Not
SIGNIFICANCE - Will the Significant & will be Impact Applicable
mitigated
project:
a Have the potential to degrade the duality 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
o eliminate important examples of the major periods of
California history or prehistory? 11 E
b Have impacts that are individually limited, but cumulatively considerable?
city of Arroyo Grande, Initial Study for Reservoir No. 6 Page 22
Agenda Item 8.d.
Page 34
( "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,, a nd the effects of
probable future projects)
0 Have environmental effects wh h will cause substantial adverse effects on human
beings., either directly r
indirectly?
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 23
Agenda Item 8.d.
Page 35
SOURCE LIST:
1. City of Arroyo Grande General Plan (October 2661)
2. City of Arroyo Grande General Plan Land Use Map (October 2001
3. City of Arroyo Grande Development Code
4. City of Arroyo Grande Zoning Map
5. County of San Luis Obispo General Plan
6. County of San Luis Obispo Land Use Ordinance
7. County of San Luis Obispo San Luis Bay Inland Area Plan
8. Air Pollution Control District Clean Air Plan
9. 2609 CE QA Air Quality Handbook
10. FEI A - Flood Insurance Fate Map
11. Ordinance No. 521 (Amending Title 10, Chapter 3 of the Municipal Code regarding the
Community Tree Program
12. USDA Natural Resources Conservation service National Cooperative soil survey
13. County of San Luis Obispo Land Use and Zoning Maps
14. County of San Luis Obispo Natural Hazard Disclosure Maps
15. County of San Luis Obispo safety Ele'Ment Maps
16. Soils Engineering Deport, Earth Systems Pacific, April 2069
17. Addendum to Soils Engineering Report, ort, Earth Systems Pacific, May 2009
18. Biological Resources Surrey Report, SWCA Environmental Consultants, July 2010
19. Cultural Resources Survey, SWCA Environmental Consultants, December 2009
Attr_hmP-n#-
Exhibit A: Figures
Exhibit B: Project Deferral Responses
City of Arroyo Grande, Initial Study for Reservoir No. 6 Page
Agenda Item 8.d.
Page 36
EXHIBIT
INITIAL STUDY FIGURES
City of Arroyo Grande, Initial Study for Reservoir N .
Agenda Item 8.d.
Page 37
City of Arroyo Grande Reservoir No. 6 Initial S
f rojectNo. 232.59 10
Figure 1. Project Vicinity Map
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1
Agenda Item 8.d.
Page 38
City of Arroyo Grande Reservoir No. 6 Initial Study
Project 1o. 232.59
Agenda Item 8.d.
Page 39
Figure 3. Land Use Category Map
C i(y of Arroyo Grande it No. 6 Initial to
" p c
Agenda Item 8.d.
Page 40
Fi 4. Aerial Pho,to Map
a . rvoir No . 6 Project Descr
Figure S. Site and Grading Plan
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Agenda Item 8.d.
Page 41
rvorr No.
Figure 8. Erosion and Sediment Control Plan
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Agenda Item 8.d.
Page 42
- rvoir No.
Figure 7. Landscape Plan
Project Description
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7
Agenda Item 8.d.
Page 43
EXHIBIT B
PROJECT REFERRAL RESPONSES
NSES
City of Arroyo Grande, Initial Study for Reservolor No.
Agenda Item 8.d.
Page 44
REFERRAL LIST:
Countl of Son Luis - Obispo
De a r tment of Noun ng. and B ui I .. ling
Couh Go rernme t Center, Room Zoo
Sun Lui Obispo, A 93408
County of Sorg Luis. Obispo
D .of Public Works
County Govern me nt' ente' r Room. 20
San Luis - Obispo, CA 93408
County of Scan Luis - Obispo
Division of Environmental Health
2191. Johnson Avenue
San Luis Obispo, CA-93401
California e a dme' nt of Fish and Gana
Cenral Region. Headquarters
1234 East Shaw Avenue.
Fresno, C 9371
Central Cousi Regiona I Water Q ua lity Control .Board
895 A rovrista Place, U'Re 1. g 1
Son Luis Obispo., CA 93401-7906
San 'Luis Obispo County Air Pollution Control District
3433 Roberto Coon
San Luis Obispo.. - CA 93401
City of Arroyo Grande
Community Development Department
214 East Branch Street
Arroyo Grande, CA 93420
CAL FIRE
635 lord Santa Rosa - Street
San Luis' Obispo, CA 93405
Agenda Item 8.d.
Page 45
Coil FIRE
San Buis Obispo
County Fire. Department
NOV 12 eons
635 N. Santa Rosa * S,a Luis Obispo, A.93405
Phone-,.805.543.4244 • Fax: 805. 4 #
Mat i Jenkins., Hr6 Ch
November 10, 2009
Shaw ha Scott
Environmental Analysis Project 'Manager
1422 Monterey Street Suite Cy2 o
San Luis Obispo, CA - 93401
Subject: mater Storage Tank
APN: 047-1-26-010
Dear S own :-
CAL FIRE/San Lars Obispo County Fire Department rtment has reviewed the. project for
the p ro osed, new eater Storage t in k located at Stagecoach Road and ..P lo a
Place, Arroyo Grad, CA,
CAL F1 R E offers the following g Wide Iine for the: 1 n stallatio n - of the water - storag e
tank.
Water storage tank .must meet the intent of NFPA e i ements
Vegetation clearance as appropriate er Public Resources Code 429
and in keeping with et:the r it r ent of the 'County Plannin
Bdilding'Departm'ent.
Road adcess of minimum 10 foot wit .and :all -wea h r surface..
Loc'ked gates require KN X entry stem.
For further i or ation, I 'May be reached at 05 543 -4244,
Regards,
Chad T. Zrelak
Fire Captain
Agenda Item 8.d.
Page 46
N � V } 3 2Ct,9
SAN LUIS OBISPO COUNTY
DEPARTMENT OF PUBLIC WORKS
Pauv O gren - , Di
County Govemment Center,, Room 207 . San Lois 0 1s o, CA. 93408 • .(805) 1 -5252
Fax .( 805) 781--1229 smart address: pvvd @co.sJo .ca.u s
MEMORANDUM
Date; November 1 2, tog
To: Sha rna Scott, SWCA Environmental Consultant
1422 Monterey St, Suite 0-200
San Luis Obispo, CA 93401
F rom'. Glehn Marshall,, Dovelopme Services Engineer
Subject: Installation of a new 250,000-gallon Water Storage `Dank -on an exciting tank site Iodated or'
Stagecoach Road, d, APN 047-1216-0
Thank , ou for the opportunity to provide vinformation on the pr subject project. It 'has been reviewed
by several divisions of Public Works, and this represents - our consolidated re ons .
General Comments;
1. Impro tothe driveway shall .require are encroachment permit from the County Public Works
Department for a - 1 b a ron.
2. Landscaping' within the Public right -o -way . may require an en roa hr ent permit from the County
Public W rl s D epartment. All landscaping shall be in or f rman a with County tight distance
standards and shall be the ires ponsi i ity of the property owner to maintain 'in perpetuity.
3. Storm water runoff generated by the additional site pay ring should be dis . rsed r� - errosi ely
onsite. l eoo m n.d LID components to minfrni a offsite st w flows;
Recommended Conditions f A r r l.M
Prior to loan or final inspection, the Stagecoach Road driveway approach shall be reconstructed
in accordance with County Public Improvement Standard 13-1 'll ddvie'Way approaches constructed on
County roads shall require a encroachment permit.
Pleas contact me at. 781 -1 596, or at the above address if you h ave additional comments or questions
Agenda Item 8.d.
Page 47
4} f
E I o EN CO LT ANTS
T
s
r '
DA TE: Novemb . s 2009
Son Luis Obkpo . office
1 422 Morey Street, suite C2
Sari Luis - Obispo, C 93401
T el 805.543.7095 Fax'M. 43.23
www,swca.com
O: C ounty o f S an L uis Obispo
D epartment of Publ Works
County G erD n lit Center, Rove.. 207
Saga Leis Obispo, CA 9340.8.
pFCF,,.1VED
NOV � 4r.
r Cit of Arro Grande Public'Works
c/o Shawna Scott, SWCA EnAronmental Consultants.
.� ':
P ROJECT SC�'T IONi Please refer o project � .* �x` �
t tie p� o,ee esr�pt�on fig ure.
ea se return this cover leftel- i yo r comments attac hed .n lat .r than 14 days from receipt of th i
referral, by November 23 200 to:
Shawna Scott, EnvironmentAl Analysis Prode. t Manager'
1422 Monterey S., Suite C -200, San Leis Obispo, -CA 93401
(P) -*.(805) 543 - 7091 , ext. I I I • (F): . 8 . 543-23 sseott@sNvca.com
IS THE ATTACHED INFORMATION ADEQUATE TO COMPLETE YOUR REVIEW?
00 (Please-90 to nest question)
❑ N (Please optact a o� hs oss'i a to discus additional fore lon o
. ec uir
ARE THERE ANY SIGNIFICANT CONCERNS PROBLEMS, OR IMPACTS I. Yo -AREA OF
REVIEW?
❑ YE8 (Please describe fin pacts, akng with reconi iend'ed mitig tion measures to
reduce the l"nipacts to less than signi i n 'fe el , and. tacli to this let r
0 0 N 0 (Please g o to next q'it s ion
INDICATE YOUR RECOMMENDATION F T FINAL ACTION.
Please aftach any condi of a ppr ova l you recommend t o b incorpbl ted i nto the project.'s approval, or
state reason for recommending denial.
IF YOU H"E'WO COMMENT" PLEASE SO INDICATE, OR CALL.
&6
Date Name Fevre.
Agenda Item 8.d.
Page 48
Sw .fit
From. fterry ..l,a.o.
Sent: Friday, November 13, 2009 12:34 PM
T -: Shawna Scott
Subject: Cit'o AG - Reservoir No,
Dear Sl a na,
Attached is the EFL referral response for the City . of AG project.
Have a wonderful weekend.
end.
Leslie
L4slie A. Terry . . H. 8.
Environmental H Specialist
gill Land U.s.e Section
ore. (805) 781 -5661
fax 781-4211
1C .
,10-
Agenda Item 8.d.
Page 49
AIR P
CONTROL DISTRICT
,lio COUNTY OF SAN LUIS t)[31S['[U
Nove�nbe�• 25, 2009
.mss. Shaw a Scott, Resource Specialist
Mori. Group, a. DIVISioti of SWCA
1422 Monterey Street
Suite 0200
San'Lu s Obispo, CA 93401
SU J CTI APCD C o,mmen.ts . Regarding the Arroyo Grande Reservoir tf 6 Project Referral,
`erral,
( ProjeGt - N' mber 232.591
Dear Ms. Scott,
Thank you for Including tie Sari .Luis Obl*. County Air Pollution Control D istfict APC in
the. C 11V iro review - roce. s.. We have m our r .i w of the proposed water tank
project located at the northwest side of Stagecoach Road, so th of .Paloma in Arroyo Grande.
The' propose. d project i's the addition of -new 250,00.0-gal I 6n, above welded steel, water
storage tank I s rvoir # at the not hw�t side f Stagecoach Road in Arroyo Grande; The
p roject site 'is .x,64 acres and currently louses a existifig r s l- o r (Reservoir # which was.
.,
bu ilt in 197 The new reservoir tank design w ill comply with Am erican W . - Work
Association AW WA) -D 100 s tandards for steel tAnks. The" exterior -colo r wi 1 b e
which is similar to the existing-Reservoir 93. The. tank would be 26 feet in height, and 44 feet i
diameter. The project would utilize the existing access read from Stagecoach Road for access to
-the existing and proposed reservoirs. The proj" e . would improve tie access of
an asphalt concr ( AC) entry road with -and AC 'bean, T hefollowing car -e APCD connneiMy th
GENERAL COMMENTS
As a commenting agency in. the California. En Quality Act CEQA review process
for a project, the APCD assesses .air oll tion im 'pacts fr both the c nsh ctio n a o perational.
phases of a prbjebt Nvith separate. significant thresholds for each. Please ad-d ress -the action
items contained I - this letter that ax hig ted by bold and undet-fined text.
CONSTRUCTION PHASE MIT1GATI N
The APCD stag' considered - the c ns' trr ction iffipacts' of thi's. i elop t. b cone ar i g it against
screening models W'ithin the .APC: ' Air Quality Handbook. tls in is a that
phase impact * likely b less than 'the APC. D's significance threshold values of 1,85 i.bs of
emissions per r a an 2.- t ns o missions er ailer. Therefore,. ith 't ie exception of the
re ireme is below, the AP CD its not requ iring o ther crnstr ction. pli sse mitig i i sores for
this project...
3433 Ro berto C ourt * Smi Ni -Obispo, CA 93401 Rt 805 - 781 -5912 * AX-0 805 - 781
Agenda Item 8.d.
Page 50
Project r , r* Arroyo Groande Reset #s ir
Noveinber 25, 2009
Page 2 of
Nafurally Occurring asbestos
The boot sit is -located in a candidate area for Natura Occukring Asbestos (N A , wh
has been idc ti fi d . toxic air cont t inant b t. e Calif rni Air* Resources Board. AR .
U nder" fl ARB Air 'To ies Control M 'ensure A.'TCM - for `on's i ti n, Gr di , Quarrying,. and
Surface m in l o -a t rior - to ai!j grading activities at the. site the p rglect B pro onen't
shall ensure that a �' cv l atlo - i con dticte to dete� rhre if No i pre ent ltlfl
the area that will be disturbed.. 1f NOA is not present - nr ti n re Q uest .gust be filed
(see ith the istrict . ttach gent 1J.- If NOA is found fit tine sit thea must .01 1
w ith all te g W rern 'ts outlined in the .Asbestos ,ATOM. 'This inay include devel.opinent of a
Asbestos 'Dust Mitiga Plan -and an As
APCD. Please refer to the APCD web page -at liiiii.-Ilittvi)tt�sloclectitaii-4,orglbttsi)-.iesslasbestos.-a
for more information or contact the APCD Enforcement Division at 781 -5912.
Developmental Bumi.
Effective February 2 , 2 t he APB robibit d developmental. b r _ At
material -witlri San LuiIs Obisp Coun ty. Under certain circumstances where no technically
feasible a t r tl. s - are avaiiable, Ii ited de el pitchtal burring und.er res.tri ti.ons may be
allowed. This require8 prior application, payment of fee based. . on the size of the p
rOj
, APCD
approval are is anoe o f a hum pennit b APCD an the l ocal fi re department authority.
`lie ppli at'rt 1* s required to rni the APCD with the - stud. of technical. f asibili r (which.
includes costs .arid other constraints) at "the of application. if you have ally questions
regarding these requirements, contact the APCD E f rcer en't Division n at 1-- 591.2.
Demolition Activities
The project referral did not 'indicate whether there a c existing. structures on the proposed site
that will be demolished. Demolition activities can have potential negative air quality - impacts,
i cludi issues s rr undi g prop'e'r dlin. , -d mol tion, and. disposal of . estcs eont i'ming
material (ACM). :Asbest s co tainin -materials ould be ne art r' d durmg demolition o.r
remodeling of existing buildings. As estos can also a and in utility. tr ansit
pipes or insulation o pipes). If it ill . " � relines are. scheduled for removal relocation* It
or
buildl -are removed or renovated this 1prQieet may be sttb :ect to - v r•lous eg ulator•
j uiisdictions, including the , ., r te.1 is stila W the I i n l m' ' ssio 'Sta da d for
a and us Air' Poilrtta ts 0C .6 Sub pail M - as be tos NES AP , The -requirement
i cl de but are not limited to: l notification requirements to the District,, 2 asbestos survey
o ducted by a Certified Asbestos Inspector, ati ,. 3) .applicable removaj and. disposal
requirements of identified ACM. Please con . tact the APCD En.forcemen 'Division at'781-59 12
for f tili r informal i
Dust Control Measures
Co st c J on acti Viti es. .c ar. ;en.enate it i e dust, which - could b e. a nuisance o'local - re ide is
and businesses i close- pro mm ity to the proposed - construction site. Dust . plaints could result
in a violation of the APCD's 4 "Nuisance" Rule. Thi's 12r9ject is lr r ' otentially sensitive
receptors and shall. be c ondifloned to e m IV- with .lt ap li air -Air PoItution Cont
District r g ulations er.tainin to the ntrdl. of f '' itiv d t (PM1.0 ) -as contamed in section
6 .5 of the Air ja i . a (lboo. .dill. ltc grading and demolition lags. noted shall list the
following
Agenda Item 8.d.
Page 51
PrO -Ajqj-o Grande Reset-voh- #'6
November 25, 2009
Page 3 of.
a. Reduce the.-amount of the disturbed a rea where possible,
. Use of wa't l• tru ks or pnhikler systems ill S ff ci ent quantit.i s to prevent a r.b rne- dust.
fror le vin l t e:site. s�ed water - ing re ell y would be. required whenever wind
speeds � Beds exceed . mph. 'Reclaimed (non-pota water` iould e used whenever
ossi.e,:
e. All dirt stock pile areas should be sprayed daily as needed,
d. 'emianei t control. ineasu s - identified in the approved project re eget tiorr and
lands a a laps should be i� � 1 r rated soon as� .
.po si le following .completion .of any
s1l isrir� avites,
e. Exposed g round areas that are planned to be reworked at dates greator than one month
after ini al .grading Should be sown w *1 th a fast gerimnating native gr seed -and watered
until a tati is tabhshed,
f. All dstuybd soli sb`eet t r• etatin should be stabilized using approved
. ha j soil bind. rs, jitte netting, or other nie.t ods approved .hl adva by the APCD,
.
All roadways, driveways sidewalks etc. be paved �sho ld. be completed as soon as
po,s ibl , Jn additio ,'building pads should be laid as soon as possible after grading
unless - seeding or o'll binders: d,
h. Vehicle-speed for all Construction Vehicles shall oot exceed 15 mph o n any unpaved
surface at the construction site,
L All trucks haul i ng dift sap d, soli, or other loose materials -are to b cover or sh ould
maintain at least two Feet of freeboard min m a heal -di ance between top of lad
and -t of tr #ailer .. ir' accordance e with C C Sect io . 2 114
J. lnst l.I Wheel washers w .em. vehi cle� enter and exit.. Unpaved roads -onto -streets or 'Wash
off trucks and a u* e.nt leaving the site, a nd,
k. Sweep stre is at the - end -of each day , if Visible soil materi l is carried onto adjacent paved
roads. Water sWeepers. with redl.air ed. water should be Used where f easible.
All M1 o mifig bon m easures requir should b sow n grading are uiidlng plans. In'
addition, the contractor or builder should designate a person or persons.: to :monitor the- crust
control prograin and. t order - increa e - ater i ng, as - necess r : y) to prevent - transport -of dust
offsite. Their duties shall include holidays wind e ker d per *ods Nv work may not be in
pro rm. The name Mid t l one numb r- of eh ersons shAl1 be' v1ded to the A C
"v r* to land a cle a rlince for bia'p record ation and fin ls d rad in f'e a r a.
Construction Permit Requirem fQ
.Based on the i nfonnation provided, we.are unsure ofthe 't pes of e equipment that may be present.
during the. p ' J ect "s cols tru tion phase Portable orta le e uipment, o horsepower • o eater, 'used
dun'tig construction ctivit. will :r u re - Califon' ifia. -sta a r.i e portable equipment reg is ratioA
. issued b y the C al ifornia Air; Resources . oar or an AP CD perm it. The. following list is
provided as a .guide to equipment and operations that may'ha e permitting requirements.
should not be viewed as exclusive, Fora y ore. detailed listing, refer to page A-5 in (lie D istr'ict's
C Q . Handbook.
a Power screens, conveyors, diesel engines, .andr criers
• Portab gener ators - an d e ul r rat wi engines that are 50 lip or greater;
• Internal Combustion stio engines;
Unconfined abrasive blasting operation
Agenda Item 8.d.
Page 52
Pro Referrcilfork-i- Grande Reservoh,- # 6
Noventber 25 ,2009
.2009
Page 4 q f 4
Tub g rinders., and
Trommel screens.
To rm*nintize potential dgla t '*or to the start of the ro` t lease contact the APC
E ngineering Division at L8051 for speelfic i f.. rr a ioll aMing erinitti
i
requirements
OPERATIONAL PUASE MITIGATION
Ope rational Permit 'Re uirenient
Based a the information ro de ., -eve are unsure of the types of e u ipilient that may be. present
at the site. perational o rce - ' A r require - APB. permits. he following fist 's rovi ded as a
. wide t equipment and operations t hat may have pennIttin re irOi ent , but should not be
viewed as excl u sive.. Fo inore de a fl.ed Ii ti - r 'er to page A-5 in the. 'I tr1'et' -C QA
Handbook.
9 .'oila le gcnerators and equipment with n 'ne that are' greater;
or
le trc l . generation a nt or - the use of standby
• Pipelines;
Public utility facilities; and,
Internal Combustion Engi'ne's.
To m inlnihp p otential delay p ribr , to ttlie start o . t. ro` et lease contact the APC
En g ineering Division at L805)781-5912 - foj- ` specific hif riviation e g i err�iitti!x
'1 *m
Again, thank you for the Opportunity to comment on - this proposal. I you .have r stion r
C OMM-en s feel free to contact j e at 781-59
Sincerely,
/ 2a7
Gary Areemont
Air Quality Specialist
GJA AJM r r
Cite of Arroyo Grande, CO'ninwinty Devielopment Department
Tim Fiths, Enforceniciit l i i ioii,, APC
Karen B nooks, iforcei nt Dlivisioii, BCD
Gary Willey, Engi teen ii is ion, - A M
Attachm tit:
.1. Naturalty Oc curring Asbestos — Construction & Gradin.g Project Exemption Request Vorm.,
o stnictimi. & Grad�hg Project Forni
: lankegaVr ecf' mvieM30MM DM I - i �W, 14.doc
Agenda Item 8.d.
Page 53
Mitigation Monitoring Program
Mitigation I Requirements of Measure
Measure
Administrative
Action
Tuning
AQ The project shall comply with all applicable
( NIM .1) Air Pollution control District APC )
regulations pertaining to the control of
fugitive dust (PM 10) as contained in
section 6.5 of the Air duality Handbook. All
site grading plans shall list the following
regulations:
a. Reduce the amount of disturbed
area where possible;
b. Use of water trucks or sprinkler
systems in sufficient quantities to
prevent airborne dust from leaving
the site. Increased watering
frequency would be required
whenever wind speeds exceed
mph. Reclaimed (non-potable)
water should be used whenever
possible;
C. All dirt stock pile areas should be
sprayed daily as needed;
d. Permanent dust control measures
identified in the approved project
revegetation and landscape plans
should be implemented as soon as
possible following completion of any
soil disturbing activities;
e. Exposed ground areas that are
planned to be reworked at dates
greater than one month after initial
grading should be sown with a fast
D germinating native grass seed and
watered until vegetation is
established;
0 f. All disturbed soil areas not subject
to revegetation should be stabilized
using approved chemical soil
oo binders, jute netting, or other
406 CL methods approved in advance by
the APCD;
q. All roadways drivevwra vs,
Include on grading
and construction
plans. Assign
person to monitor
compliance.
Upon
preparation of
grading and
construction
plans.
Implement prior
to and during
construction.
Monitoring and
Reporting
Schedule
Note any
inconsistencies
with measures in
weekly air quality
monitoring
reports during the
construction
period.
Responsible Monitoring
Party Agency
City of Arroyo City of Arroyo
Grande — Pv I Grande
CDI, APC
D I '
of
ril
s
M
Z
r"JI
Mitigation Monitoring Program
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M Re q uirem e nts f Maur
�
Administrative Monitoring and Monitoring
Timing R ep o rting Re
Agency
I�A�r
chin Pay
Schedule
sidewalks, etc. to be paved should
be completed a soon a s possible.
In addition, building pads should be
laid as soon as possible after
grading unless seeding or soil
binders are used;
h. Vehicle speed for all construction
vehicles shall not exceed 15 mph
on any unpaged surface at the
construction site;
i. All t hauling dirt, san d, so il, or
other l oose materia are to be
covered or should maintain at least
two feet of freeboard (minimum
vernal distance between top of
load and top of trailer) in
accordance with CVC Section
23 114;
j. Install wheel washers where
vehicles eater and exit unpaged
roads onto streets, or was off
trucks and equipment l eaving the
site; and
k. Sw eep streets at the end of eac
d i f Visi soi mat eri a l is carried
onto a paved roa ds. hater
sweepers with reclaimed water
sh be used where f
ACS The project shall comply with all applicable
Conduct evaluation Prior to grading Verify completion City of Arroyo City of Arroyo
(MM .) regulations contained in the Air Resources rce
and subunit and of task prior to Grande — PW Grande —
Boar~d (ARB) Air Tonics control Measure
applicable farms to construction. construction. CDD
for construction, Grading, Quarrying, and
the P D.
Surface Mining Operations relating to
Naturally Occurring Asbestos i A . Prior
to any grading activities at the site, the
applicant shall ensure that a geologic
evaluation is conducted to determine if
NOA is present withi the area than will be
disturb If NOA is not p resent, an
exemp tion re uest must be filed with the
Mitigation Monitoring rin Program
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Mi t i g a t i o n
Re quirem e nts f Meas
Administrative
Administrative i
Ti rl'�� �'1
Monitoring and
Rep o rt ing
M onitorin g
Agency
Mea
Schedule
Pa
AF B. If NOA i s f oun d at the site, th
applicant rust com with a ll
re outli in the Asbestos A
T ol cs c ontrol M easures.
ACS
The city sh obtain re quired permits from
Contact and consu P rior to grading
obta permit
city of Arroyo City of Arroyo
(MM3.3)
APCD for the use of portable e quipment
with APCD to o btain an d operation.
prior to operation.
G — PW G
(80 horsepower or greater) and applicable
required permits.
CDD
operational equipment. The City shall
contact the APCD Engineering Division at
(805) 781 -5912 for specific information
regarding necessary permits.
13 10
The city shall retain a qualified biologist to
Retain qualified Prior to grading
Retain Qualified
city of Arroyo City of Arroyo
(MM 4.1)
assist in the removal/relocation of woodrat
Biologist to assist in and operation.
Biologists prior to
Grande — PIN Grande —
iddens if any that are located within the
the
construction.
CDD
project disturbance areas. Removal of the
removaVrelocation
Dote any
middens should be conducted after
of woodrat middens.
inconsistencies
September 1 and before February 15.
with measures in
During implementation of site clearing
weekly air quality
activities and under supervision of the
monitoring
biologist, the contractor shall remove all
reports during the
vegetation and other woodrat shelter within
construction
the disturbance areas that surround the
period.
woodrat maddens to be removed. Upon
completion of clearing the adjacent
woodrat shelter, the biologist shall gently
nudge the intact middens with equipment
or long handled tools. Due to the potential
health hazards associated with removing
woodrat middens, hand removal is not
recommended. W orkers shall place their
equipment within the previously cleared
area and not within the undisturbed
woodrat shelter area. The objective is to
alarm the woodrats so that they evacuate
the madden and scatter away from the
equipment and into the undisturbed areas
of the site. once the woodrats have
evacuated the rnidden, the contractor shall
q tq ql ick u p the structure with a front
Mitigation Monitoring Program
c�
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40.
Mitig
g
F Requirements of Measure
Ad ministrat ive
T imin g
Monitoring and
R eporting
Responsib
Monitorin
Measure
A ction
schedu
Party
Agency
load and move it to are area not t o be
dist The o bject ive of moving the
structure is to provide the displaced
woodrats with a stockpile of material to
scavenge while they build a new midden;
consequently, jeopardizing the integrity of
the structure is not an issue.
BIO
Prior to any construction activities, the
Include on grading
Prior to ground
Note any
city of Arroyo
City of Arroyo
( MM .)
project site shall be clearly flagged or
and construction
disturbance.
inconsistencies
Grande — PIN
Grande —
fenced so that the contractor is aware of
plans. Assign
with measures in
CDD
the limits of allowable site access and
person to monitor
monitoring
disturbance. The number of access routes,
compliance.
reports during the
size of staging areas, and the total area of
construction
the activity shall be limited to the minimum
period.
necessary to achieve the project goal.
Bio
Removal of vegetation and pruning of oak
Include on grading
Prior to ground
Note any
city of Arroyo
City of Arroyo
(MM 4.3)
trees shall be conducted in the fall and
and construction
disturbance.
inconsistencies
Grande — PIN
Grande —
winter (between September 1 and
plans. Assign
with measures in
c D
Feb 15), if possible, after fledging and
person to monitor
monitoring
before the i nitiat ion of avian b ree di ng
compliance.
reports d unng the
activities.
construction
pe riod.
BIO
if vegetation must be removed or trees
city to retain a
Prior to
City of Arroyo
city of Arroyo
(SAM .)
pruned from February 15 to September 1,
qualified biologist to
vegetation and
Grande — PW
Grande —
the applicant shall retain a qualified
conduct pre-
tree removal.
CDD,CDFG
biologist to conduct pre - construction
construction
surreys for nesting bird species within the
surveys
project site. if active nests are observed,
the applicant shall either 1 wait for such
nesting birds to fledge an d leave the
project site, or consult with the
appropriate resource agency and secure
impact authod action, prior to site
distu
BIO
A Tree Protection Plan shall be prepared
Include on grading
Prior to ground
city of Arroyo
Cky of Arroyo
{ i�A 4.
by a certified arborist for all potentially
and construction
disturbance
Grande — PIN
Grande
impacted trees to remain on the p roject
p p �
p lams. Assig
CD
site, including oak and pine trees. Any
person to monitor
oats trees intentionally or unintentionall
comp liance.
Mitigation Monitoring Program
c�
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Mi
Re quirements f Mea
A dmini s trative
Tirr�ir�
M and
Reporting
�
R espo n s ible
M
Measure
tin
Schedule
Party
Agency
killed or removed that are greater than or
equal to four inches diameter at breast
height DH and less than twelve 1
inches DBH shall be replaced at a :1
ratio. Replacement trees shall be limited
to appropriate native tree species as
a pproved by the city arborist. All trees to
be removed or retained shall be marked
with differentiating colored ribbon or paint.
Nol
Construction activities shall be restricted
Include in
During
city of Arroyo
city of Arroyo
(MM .1)
to the hours of :OOA 1 to 9:00 PM
specification.
construction
Grande — Pv
Grande —
Monday through Friday, and :OOAM to
CDD
5 :001 3 M on Saturday and Sunday. There
shall be no construction activities on
Sundays. Equipment maintenance and
servicing shall be confined to the same
hours.
NOI
All construction equipment utilizing
Include on grading
During
Verify completion
city of Arroyo
City of Arroyo
(MM .
internal combustion engines shall be
and construction
construction
of task prior to
Grande — P V
Grande —
required to h ave mufflers that are in good
plans. Assign
construction.
CDD
condition. Stationary noise sources shall
person to monitor
be located at least 300 feet from occup
com
dwelling units unless noise reducing
engine housing enclosures or noise
screens are provided by the contractor.
Nol
Equipment mobilization areas, water
Include on grading
D u ri ng
V eri fy completion
city of Arroyo
city of Arro
( MM 8-3)
tanks, and equipment storage areas shall
and construction
construction
of task prior to
Grande — PIN
Grande —
be placed in a central location as far from
plans. Assign
construction.
CDD
existing residences as feasible.
person to monitor
corn fiance.
'I AN
construction equipment shall not be left,
Prior to site
city of Arroyo
City of Arroyo
(MM 12.1)
stored or parked on the side of
disturbance/co
Grande — PW
Grande —
Stagecoach Road unless a traffic
nstruction
CDD
management plan has been prepared,
utilizing cones, construction signs and
other similar tools, to improve safety
conditions for local vehicle and pedestrian
traffic.
D
t�
CL
0)
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V , W
JAM�
STAGECOACH ROAD
r
SAL DESONM BY: DRAM BY ChE KW E1'. SCALE
��
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GRAPi•1C SCALE
/f 0 5 i0 26
7INa10FF
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.r mw wifr4* MWwZL tM, Assmmr C" OW INM CA E
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am eeoaa W. IIl W12
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r
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R<# wry
FOR REDucED PLAM6 4 1 2
ORPOI aAL SCALE IS #N MCMES
- ] REFERENCE r.M9:
141 �TIQCRIARLMECFEWCETOltEMRM
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111 S LUM1 "M TRAFrC RAtM H:RArE ON APPROM eMAL PEE RETAIL 4
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114 W MLR AMID QDWM M L7 imi[L pm DUAL NE[ N*M 11#q
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2.W
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ll�i fiCr;
irl�
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EGBTMiG GRADE
a�rV�W►��r C�t OSS SECTION
CITY O F ARROYO I AND]
DEPARTMENT OF PUBLIC WORKS
RESERVOIR B AND ORO BOOSTER STATION
TANK GRADING AND SURFACE IMPROVEMENT PLAN
STAGECOACH R OAD
—�I
0
X
9
m
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REFERENCE NOTES:
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in MRQmR ORAM E CCOMFTWMMON F iw ACCORDAMC! Wr W �
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174 OC4 TRAC K WALKUP AW EM MM AL-apS MCq "FACK AND AP LT
JvM wrrlwa owrH gn bA LM arpr AWL14 avm #LoPf M
ACCONAMCE WWN r W c IaR M irk
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R AR OF LO? TO IMwMM #ffo/aw7 fRom BITER o THE PUMLK .R4
AND LZAAm T11! F#O.IwR WFE.
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RMC[Ai1 Y TO RmhlC E kYMQFF 1+ELocrw2,
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LEGEND
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STORY CRW WLU PROTECTIg q
41 13 STORY DRAW haEf FROre- 7 }
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10
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1 INS 101
CITY OF ARROYO GRAND
DEPART OF PUBLIC WORK
RESERVOIR 6 AND ORO BOOSTER STATION
TANK EROSION CONTROL PLAN
STAGECOACH R OAD
0
ITS
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PLANT 5CHEDULf PLNY NGNOTES
iRtn 00TAPJ CAL uAMT' 1 GOVAhpw NAAC CcH'T QYY i" REFER TO PLANTV4 PLANS. PL pa LEGpo. pNO pLANTM 6ETAILB FCR
` 1 '
AVPFr NT F I T k m EFM + Hv � TjON pLAM. SST 71
NOTES AND ' • F" Mlkpe�51 Akpo Fm 2J 4
I. NOTIFY `5AEpRRR3%ffATIVE
' "'►., • ' _ �RE¢J+6 r+auRS MwIMU.r PRIOR TO
0OI`$ EI XLVW OF%GPM TOCOORMATEPROJECT MX)N um wut&p
` } I -- r,n
• nun Fme- r iyaa� 5Er 24'lre 2
f !.;'S "�, M1' •' 3 - VERIFY ALL EXIST G CCONDITiON3, C*MENC#3w9 AIL} ELEWALnONS 9EPQ1&
ULU 'y DI C FOR ALL NECESSARY '' E `` * �''•• pp rr�� fi _ FRO�CEE10 KkVMTH tHEVY010L ILSIEDgATELY NOTp1'ov&EA$ REPgp%RnH WE OF
AG F, r � k . ' . •... M1 trru! ag -dd�s Carat 4 YE C. 5 gall S qr 9 COR FEL OONb RTKA T TIT FROM THOSE 6 ;EM OH 68101 :Ar AND O ME r. r * 4 RF31rJON91ERA'r1' Y' EPROC oFAiL C E I z D R E r -
01 O'xer Wife s 1 orjt L-rt Oak °xe�y V -POT A KNOV I IX7RI TIC�IaS d4JETDF LIRE T4 M1
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Agenda Item 8.d.
Page 62
� > 10
A .
INCORPORATEO
t
jKk JULY 10. 1
C WN
MEMORANDUM
T: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF THIRD EXTENSION F AGREEMENT FOR
CONTRACTOR STREET SERVICES WITH SP MAINTENANCE
SERVICES, INC.
DATE: OCTOBER 1 , 201
RECOMMENDATION:
It is recommended the City Council approve a Third 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.
B ACKGROUND :
O n April 2, 2006, the Council approved a tiro -year agreement for street sweeping
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.
O n September 9 , 2008, the City Council approved reviving the agreement and
extending it for a year. The second extension was approved last year.
ANALYSIS O ISSUES:
The services provided by SP Maintenance Services, Inc. under this agreement have
been satisfactory. They have agreed to e the agreement under the serve
terms, conditions and costs. Therefore, the proposed extension would be effective
through September 8, 2011.
Agenda Item 8.e.
Page 1
CITY COUNCIL
CONSIDERATION OF THIRD EXTENSION OF AGREEMENT FOR CONTRACTOR
STREET SERVICES WITH SP MAINTENANCE SERVICES, INC.
OCTOBER 12, 2010
PAGE 2
ALTERNATIVES:
ES:
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.
ADVANTAGES:
TAGES:
Extension of the agreement will enable the continuation of street sweeping services
that meet the needs of the community, requiring minimal staff time, and at no
increase in cost to the City.
DISADVANTAGES:
Precluding a bid process eliminates the ability to identify if potential cost savings
exit. However, soliciting bids could result in a cost increase and decrease in
quality of service.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 7, 2010 and on
the City's website on Friday, October 8, 2010. No comments were received.
Attachment(s):
1. Contractor Services Agreement
Agenda Item 8.e.
Page 2
THIRD EXTENSION of AGREEMENT FOR CONTRACTOR
STREET SWEEPING SERVICES
BETWEEN
THE CITY of ARROYO GRANDE AND
SP MAINTENANCE SERVICES, INC.
THIS THIRD EXTENSION AG EEME NT "Extension Agreement") for Contractor Street
Sweeping Services is made and effective as of September 9, 2010, by and between SP
MAINTENANCE SERVICES, INC., a California Corporation "contractor'), and the CITY
OF ARROYO GRANDE, a California Municipal Corporation ( "City"). Contractor and City
are collectively referred to herein as the "Parties ".
WHEREAS,the Parties entered into an Agreement for contractor services ("Contractor
Services Agreement" ) for street sweeping with in the city of Arroyo Grande dated May 1,
Zoo; and
WHET E S, the Contractor Services Agreement expired on Apri13 0 Zoo ; and
WHEREAS, EAS, the Parties entered in a [Month to Month Agreement for Street Sweeping
Services effective May 1, 2008 and on the same terms and conditions contained in the
Contractor Services Agreement; and
WHEREAS, the Contractor Services Agreement contains a provision for three 3 one year
extensions, if mutually agreed by the Panties; and
WHEREAS, E S, the contractor Services Agreement was revived and a First Extension of
Agreement for Contractor Services was approved by the City Council on September 9,
Zoo; and
WHEREAS, the Second Extension of Agreement for Contractor Services was approved by
the City Council effective on September 9, 2009 and expired on Septernber 8, 2010; and
WHEREAS, the Parties desire to revive and further extend the Contractor Street
Sweeping Services Agreement for one year.
NOW, 1f THEREFORE, in consideration of the mutual covenants contained herein, and for
other g od 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 term and condition
therein, shall be revived and extended for one year, commencing on September
9 2010 and expiring at midnight on September 8, 2011.
2. The above recitals are true and correct and are incorporated herein.
Agenda Item 8.e.
Page 3
IN WITNESS WHEREOF, the panties have executed this Extension Agreement on the day
and year first set forth above.
SP MAINTENANCE SERVICES, INC.: CITY OF ARROYO GRANDE:
SEAN D. ST. DENIS, PRESIDENT
TONY FERRAIA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERIC
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARII EL, CITY ATTORNEY
Agenda Item 8.e.
Page 4
ATTACHMENT 1
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of May 1, 200 6, between SP
Maintenance Services, Inc. ("Contractor"), 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 . TER
This Agreement shall commence on May 1, 2008 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 c reply with all terms and
provisions set forth in Exhibit "A ", attached hereto and incorporated herein by this
reference.
3. PERFORMANCE
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
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 Agreement. 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 WITHOUT CAUSE
( a) The city may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by searing 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.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 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 CE 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 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 CONTRACTOR
(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, Cry 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 10 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.
g. LAYS To BE OBSERVED. Contractor shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful prosecution of the
services to be performed by contractor under this Agreement;
Page 2
Agenda Item 8.e.
Page 6
(b) beep itself fully informed of all existing and proposed federal, state and
local lavers, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in contractor's
performance under this Agreement, or the conduct of the services under this
Agreement;
( c) At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders, and decrees
mentioned above;
(d) Immediately report to the city's contract Manager in writing any
discrepancy or inconsistency it discovers in said 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 w ith 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 boobs 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,, craps, 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 contractoes 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.e.
Page 7
1'1. INDEMNIFICATION
( a) Indemnification for Profs l Li bili . 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 attorneys 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 Liab other than in the
performance of professional services 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 casts 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
Thole 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 CERCLA .
(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 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 prior to the be 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.
Page
Agenda Item 8.e.
Page 8
1 . INDEPENDENT CONTRACTOR
( 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.
Neither City nor any f ' its officers, employees,, or agents shall have control over the
conduct o 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 p ower to incur
any debt, obligation, or li ability whatever against City, or bind City in any manner.
(b) No employee 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 INF LUENC E
Contractor declares and w that no undue influence or pressure was or i
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
offi cer or emp loyee Cit of Arroyo Grande will receive compensation, directly or
p y ee of the �y
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
i
entitling the city to any and all remedies at law or n equity.
1 5. NO BENEFIT To ARISE To LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no
p ublic official who exercises authority over or responsibilities with respect to the project
d uring 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 I FORMATIONICONFLICTS of INTEREST
( 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 M or unless requested by the
Page b
Agenda Item 8.e.
Page 9
pity Attorney, voluntarily provide declarations, letters Of support, testimon
depositions., response to interrogatories, or other information conceming 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 "volunta
provided Contractor gives City notice of such court Order or subpoena.
(b) Contractor shall promptly notify City should contractor, Its officers,
employees, agents, or suNbContractcrs 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/or be present at any deposition, hearing, or
similar proceed Contractor agrees to cooperate fully wfth city and to provide the
opportunity to revie w 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 re write 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 showing date and time of delivery, Or (iii) mailing in
the United States Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth below or at any Other address as that
party may later designate by notice:
To City: City of Arroyo Grande
Don Spagnolo
214 E. Branch Street
Arroyo Grande, CA 93420
To Contractor: BP Maintenance Services, Inc.
734 l alcoa Wa
Arroyo Grande, CA 93420
1 B. ASSIGNMENT
The Contractor shall not assign the performance of this-Agreement, nor any part
thereof, without the prior written consent of the City.
9. GOVERNING LAND
The City and Contractor understand and ag that the laws of the State 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
jurisdiction over the city of Arroyo Grande.
20. ENTIRE G EEMENT
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. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review
this Agreement and that any rude of construction to the effect that. ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. The captions of the sections are for
convenience and reference only, and are not intended to be construed to define or limit
the provisions to which they relate.
23. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the parties to this Agreement.
24. AUTHORITY To EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of 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.
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Agenda Item 8.e.
Page 11
IN WITNESS WHEREOF, the parties hereto have caused this s greemn to be
e the day and year first above written.
CITY OF ARROYO GRANDE
By:
Tony ra, Mayor
0 -.
Attest:
Kelly We o City Clerk
A p p roared As To Fora
coTRAc
B ,.
Sean D. S . Denis
Its: President
(Title)
� Coro
r )XNk., /. Q \ $ +cfo�'
T othy J. t!r
i r ,City mey
Page
Agenda Item 8.e.
Page 12
Exhibit "N'
S P
SEQTION I
,Pu nose of the StEget S it a in Cont (act
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 contractors 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 !I
Standards of Service:
A. The contractor agrees to comply with. all applicable provisions of federal, state
and local later 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
Contractors street sweeper speed exceed 6 miles per hour.
D. The Contractor shall conduct his operations as to cause the least possible
obstruction and inconvenience to public traffic.
E. Sweeping will be done during daylight hours in all residential areas.
Downtown and other commercial areas will be swept in rnoming hours.
F. The intersections (cross gutter area) along all scheduled streets are to be
swept. All debris (including debris following inclement weather) along
regularly scheduled routes, no matter ghat quantity, is to be removed.
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Agenda Item 8.e.
Page 13
SECTIO N Ili
Work Performance:
A. The City of Arroyo Grande will monitor the work performance of the
Contractor by randomly choosing ten (1 0) 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 vVrill 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 water used for dust control vll be provided, a t no cost to the
Contractor, through fire hydrants. The City will provide a Fire hydrant eater
Meter that is to be used every time the street sweeping vehicle fills up.
D. The contractor shall provide to the City, immediately following award
contract, the manufacturers gallons per minute (GPM) rating for dust control,
on each street sweeping unit. The Contractor shall 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 grater total, the City considers this a loss of value
and reserves the right in its sole discretion to reduce the curb mile rate b
0% for that month.
E. City staff, which observes the sweeping of regularly scheduled routes without
the use of mater for dust 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 for a 'Notice
of Street Sweeping rescheduling" in the Times Press l e nd r. A 1/16" size
advertisement stating the reason for rescheduling and the contractors nine
and phone number shall be included in the notification. The City reserves the
right to add or modify the content of the "Notice of Street Sweeping
Rescheduling". 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
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Agenda Item 8.e.
Page 14
administrative costs incurred as a result of this failure to perfbrm will b
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.
E-q uiiDment ,
A. Contractor shall use, at a minimum, the following equipment:
Item Modell/Cap@ci Year M anggctu red
1 Mobile M9 1990
2. Tymco 435 2001
3. Tymco 600 2000
B. All equipment used for the perforTnance of this contract shall be standard
heavy -duty 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 c nditi n and
appearance so as to ensure a high level of street sweeping services.
G. Seeping equipment as well as disposal trucks shall he equipped with
adequate warning devices and lights for safe operation and shall meet all
vehicle operation requirements of the State of California Department of Motor
Vehicles and the California Highway Patrol.
D. Machines must be maintained both mechanically and visually throughout the
terra 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 Contractor's name
and unit number.
G. Contractor must keep a sufficient suppler of spare brooms and pans to ensure
continuous operation. Wom 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 laws. Contractor must show proof of ownership r a signed
lease for sufficient machinery to adequately perform services as specified in
this agreement and the provisions of Section XI.
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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 weepers 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 agreement, contractor shall sweep 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 will adhere to the Primary and secondary "Street Sweeping
Schedule" 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 V11
Prima and Seconds Street Sweeping Schedule:
The Primary and Secondary Street Sweeping Schedules shall be as outlined on
Exhibit "".
SECTION Hill
Inclement Weather
In the event that a scheduled sweeping shift is not possible due to weather
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 five working day period. It is understood that the
Contractor will make up the missed sweeping shift on the flat available day within
the five working day limitation, or forfeit any and all compensation for that particular
shift.
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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 and/or US mail with a form "Addition to
Street sweeping schedule ". This fora will identify streets and give curb mile
length to be added to "Primary street Sweeping Schedule"' and Contractor
shall 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 specified 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 farming
activities.
D. All sweeping as identified in this section, paragraphs B and G, shall be
performed as not to interfere with the proper completion of the regular street
sweeping schedule.
SECTION IBC
is sal of Sweer)ing Debris:
The Contractor shall dispose of all refuse and debris collected by his sweeping
operation by hauling to a duly licensed, fuller permitted landfill authorized to receive
street sweeping debris which may include Petro - chemicals and other potentially
hazardous waste.
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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 I $20.00 per curb mile
2. Special Sweeps (Section hill) $85 per hour 1 hr ruin)
3. Parking Lot Sweeps (Section ill) $800.00 per month
Failure to sweep shall be deducted from payment, unless made up as stipulated in
Section 1111.
SECTON SCI
Insurance Feguirements
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:
1. Insurance Services Office Form Number GL -0002 Ed. 1173). covering
comprehensive general liability and insurance services; office foam
number GL-0404, covering broad form comprehensive general liability,
or; Insurance Services Office Commercial General Liability coverage
( "Occurrence", Form CG-0001).
2. insurance Services Office Form Number CA-0001 Ed. 1178), covering
automobile liability, code 1, "Any Auto", and endorsement CA -002.
3. Workers" ers" Compensation Insurance, as required by the labor Code of
the Mate of California, and Employer's Liability Insurance.
B. Minimum Limits of Insurance: The contractor shall maintain limits no lees
than s.
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Agenda Item 8.e.
Page 18
1. Comprehensive general liability: One million dollars $1, o - 9 000.00
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 limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability:, Workers"
Compensation limits as required by the Labor Code of the State of
California,, and Employers' Liability Limits of one million dollars
( $1,000,000.00) per accident.
C. Deductibles and Self - insured Receptions: Any deductibles of self - insured
receptions must 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
0 ■
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.
. 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.
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Agenda Item 8.e.
Page 19
d. Coverage shall state that the Contractors insurance shall
apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the
insurer's liability.
2.
3.
Workers' Compensation and Employers' liability Coverage:
a. The insurer shall agree to waive
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: I I i .
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 b e signed by a person authorized by that insurer to bird
coverage on its behalf. The certificates and endorsements are-to be 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.
SECTIO III
Ides onsibil' for Damage:
The City of Arroyo Grande and all of their em ployees 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 All
C mglai t :
All complaints shall first be directed to the Public Works Director or his Designee,
then to the Contractor. A "Street Sweeping Complairif form will be faced to the
Contractor indicating the location and nurture of each complaint. The Contractor
shall fax back his response to the City indicating compliance to the complaint. It
shall be the contractors obligation to resolve all complaints within 24 hours of
receiving a fax copy of the complaint.
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Agenda Item 8.e.
Page 21
Exhibit "B"
SP �JAINTKNANCE SERVICES, INC.
734 Raleoa Way
ArrW Grande. CA 93420
Prone (805) 343 -9999
Fax (805) 343.9999
February 7, 2006
Director of Public Works
City of Arroyo Grand
I.O. Bo
Arroyo Grade, CA 9342
AT'N: Don Spagno o
S Maintenance Services, Inc. proposes to furnish all necessary equipment, toms .
an' labor for the street sweepmng in accordance with the provisions outlined in the
existing agreement and at the sa frequency as follows
ARC 0 GRANDE STREET SWEEPING
Primary Street Sweeping: $23.00 Per curb ale.
•
Secondary Stet Sweeping: $23.00 per curb mile.
Parkdng Lot Sweeping: $800.00 per month,
ARROYO & VER BEACH JOB' ' SWEEPING
P rimary Street Sweeping: 520.00 per curb mile.
Secondary $treet Sweep' $20.00 per curb rile.
Parking Lot Sweeping: $800.00 per month.
Thank you for the opportunity to submit this proposal; I hope to hear from you soon.
;e an p Z DenAis muted,
D. St.
President
S P Maintenance Services, Inc.
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Agenda Item 8.e.
Page 22
E XHIBIT c
INSURANCE REQUIREMENTS
IF Erb Er TS
Prior to the beginning of and throughout the duration of the l rl ,, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to 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 coverage and policy limits set forth in this section constitute the minimum
amount of coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this agreement and which is applicable to a given loss,
will be available to City.
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 elf-
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 ethers 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 review but in no event less than $1,000,000 per
occurrence.
Insurance procured pursuant to these requirements shaff be written by insurer that are
admitted carvers in the state Callfbmia and with an . M. Bests rating of A- or better and
a minimum financial size ill.
General conditions pertaining to provision of insurance coverage by contractor.
Contractor and city agree to the following wifb respect to insurance provided b
Contractors.
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 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.
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Agenda Item 8.e.
Page 23
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 less. 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 ether 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 o -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. Ail coverage types and limits required are subject to approval, modification
and additional 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 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 changed 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 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'* s 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 rewired 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.
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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 subContrac ors 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 allover any contractor, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated b
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 review 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 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 ► greement will be
deemed to have been executed immediately upon any party hereto taping any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
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 fare 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 terra of this Agreement have been renewed 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 fire 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.
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 suer.
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 by
any panty involved in any way with the project reserves the right to charge city or
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
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 nofice, 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.
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Agenda Item 8.e.
Page 26
EXHIBIT `13
STREET SWEEPING
Street sweeping is one of the essential services provided by the City. It benefits the
community by picking up leaves debris, and storm drain pollutants. However, , it is very
difficult to provide good street sir eeping service when there are items such as part ed cars,
basketball hoops, and trash containers along the curb. Sweeping around these item
requires more time, can be a dangerous maneuver, and forces the sweeper to go around
these obstacles leaving some areas along the curb unswept. Moving these items off the
street will allow the sweeper to do a better job for you and your neighbors.
The street sweeper comes through the residential neighborhoods on Tuesday's as shogun
on the table below bet ween the hours of :00 am and :oo pm. To minimize the impact
of parked cars, please move parked cars off the street on the morning or the night before
weeping occurs. Please call the Public Works Corporation bard at (805) 473 -5460 for
more information on your street sweeping day. Thank you for your cooperation in keeping
Arroyo Grande clean.
PRIMARY STREET SWEEPING SCHE LE
STREETS
DAY
Downtown Village
Monday & Friday
Barnett Street
Bridge Street
Halcyon Road
East Brand Street
East Grand Avenue
Traffic Way
Every Monday
West Branch Street
El Camino Real
Valley Road
(West of Regional
South Elm Street
Center)
Fair Oaks Avenue
Alder Street
huasna Road
oak Park Boulevard
Ash Street
James War
Tally Igo Road
Every Wednesday
risco Road
Le Point Street (East of
The Pike
Farroll Avenue
Mason Street)
Arroyo Avenue
Golden hest Place
Rice court
Bad ernan Lane
Hampton Place
Rogers court
Barnbi Court
Lancaster Drive
Russ Court
Beech Street
La Vista Court
Sandalwood Avenue
California Street
Leanna Drive
South Via Avante
carmella 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
Noe! Street
Sycamore Drive
reel side Drive
North Via Bel onte
Tierra Street
Del Sol Street
North Ilia Firenze
Tiger Tail Drive
Diamond Circle
S. oak Park Boulevard
Todd Larne
Diana Place
olive Street
Turquoise Drive
Dixson Street
opal Circle
Verde Place
Farroll Road east of
orchard Avenue
Ilia Berro
Halcyon Road)
Pacific Pointe Way
Victorian Court
Fore Glen Drive
Palm Court
Victoria 11ar
Page 28
Agenda Item 8.e.
Page 27
PRIMARY STREET SWEEPING SCHEDULE
STREETS DAY
Garfield Place
Pearl Drive
Virginia Drive
ay fair 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
l efugio Place
Arabian Circle
James Way
Robin Circle
Asilo
Jenny Place
Rodeo Drive
Avenida De Diamante
La Canada
Rosemary emar Court
Calle Carman
Los Ciervos
Rosemary Lane
Calla Cuervo
Matthew Way
Salida Del Sol
Camino Mercado
Meadowlark Drive
Scenic Circle
Second Tuesday
Cardinal Court
Mercedes Lane
Sombrillo
of the month
Castillo Court
Mesquite Lane
Spanish Moss Lame
Chaparral Lane
Mustang Circle
Stevenson Drive
Clinton Court
Oak Leaf Circle
Via Ban olero
Cllado Corte
Old Ranch Road
Ilia Las Aguilas
Cuerda Corte
Palos Segos
Via Pca
Deer Trail Circle
Paralso Court
Ilia Vaquero
Dos Cerros
Puesta Del Sol
Village Glen Drier
Emerald Bay Drive
Quail Court
Vista Cirde
Equestrian Way
Quail Ridge Court
Vista Drive
Grace Lane
Alpine Street
Dodson Way
Oak Street
Aspen Street
Forth Elm Street
Perk Way
Bell Street
Eman Court
Pecan Place
Bennett Street
East Grand Avenue
Pine Street
Beta Court
Islands
Poplar S treet
laterry Avenue
Faeh Avenue
Priscilla Lane
Blueberry Avenue
Fairview Drive
Raspberry Avenue
First Tuesday
Boysenberry Street
Hillcre t Drive
Pena 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. Lane
Linda Drive
Sierra Drive
Chelsea Court
Loganberry Avenue
Spruce Street
Chilton Street
Maple Street
Strawberry Avenue
Cornwall Avenue
Montego Street
Taylor Plane
Corona Del Terra
Newman Dave
Walnut Street
Courtland Street
Newport Avenue
Wood Place
Cranberry Street
Lower
Newport Avenue
Page 2
Agenda Item 8.e.
Page 28
PRIMARY STREET SWEEPING SC DUL
STREETS
DAY
Allen Street
Ide Street
Pearwood Avenue
Branch Mill Road
Ikeda Way
Plata Road
allie Court
James Way (south of
Platino Lane
arr�pana Place
olina Street)
Plomo Court
Canyon Way
La Cresta rive
Poole Street
C larence Avenue
La Paz Circle
Pradera� Court
Coach Board
Ladera Place
rosewood Lane
Co re Place
Larchmont Drive
So. Traffic Way
Colina Street
Launa Lane
Short Street
Corral Place
Le Point Street
Stagecoach load
Cross Street
Le Point Terrace
Station Way
Fourth Tuesday
Crown Hill
Los Olivos Lane
Tanner Larne
of the month
Crown Terrace
Mariposa Circle
Toyon Court
esta Place
Mason Street
Trinity'Avenue
East Cherry Avenue
May Street
Vard Loomis Court
Farmhouse Place
McKinley Street
VArd Loomis Lam
Fieldview Plane
Miller Circle
V emon Street
Fl Road
Miller W
V La Barrarnca
Fortuna C
Myrtle Street
VNIa a Court
G ar d en Street
Nelson Street
l est Branch Street
Greenwood Drive
Nevada Street
W Street
Grove Court
Noguera Pl
Whiteley Street
ularte Rand
O Drive
Zogata W
H arrison Street
Ou Court
Hawkins Court
Pacific Coast Railway
H91slde Court
Paseo Str
Ash Street Bathrooms
Elm Street Recreation ation
Soto Sp orts Complex
I
Tw a Month:
Car Corra Parking Lot
01ohan Alley
Strother Park
Second & Fourth
City Hall
Parking Lots
Wornan *s Club
Thursdays
Page 2
Agenda Item 8.e.
Page 29
The streets listed below will be swept two weeks following their primary sweeping.
SECONDARY STREET SWEEPING SCHEDULE
STREETS
DAY
Aspen street
Maple Street
Taylor Place
Bennett Avenue
Palm Court
Walnut Street (from
Third Tuesday
Brighton Avenue
Pine Street
Maple street to and of
of the month
Cerro Vista Circle
Priscilla Lane
street)
Courtland Street
Ruth Aran Way (from
Dodson Wary (from S.
Brighton to bottom of
Halcyon to S. Alpine)
street)
Arroyo Avenue
Opal Circle
Turquoise Drier
Bambi Court
Orchard Avenue
Ilia Berros
First Tuesday
Carme #la Drive
Pearl Drive
let Cherry Avenue
of the month
Diamond Circle
Pilgrim Way
Woodland Drive
Leanna Drive
Todd Lane
Avenida De Diamente
Old Ranch Road (250
Rodeo Drive (250 feet
Hodges Road (from
feet from W. 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
Ciro Drive (from
Rosewood Lane
Coach Road
Huasna load 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 Lame
Platino Larne (from
Vie La Barrance
LLo livo Lane
Los
Stagecoach to La
Myrtle Street
Crests Drive
Place
Page 2
Agenda Item 8.e.
Page 30
RO
INCORPORAT O
` ""Y 10 ` ' o" MEMORANDUM
-1 41F
To: CITY COUNCIL
IF
FROM STE1 EN ADAMS, CITY MANAGER
SUBJECT, CONSIDERATION of LEASE WITH RE/MAX DEL ORO FOR THE
EXISTING CITY HALL BUILDING AT 214 EAST BRANCH STREET
DATE: OCTOBER 12, 201
RECOMMENDATION:
It is recommended the City Council approve a lease with Fie /Marc Del Oro for the
existing City Hall building at 214 East Branch Street.
FINANCIAL IMPACT:
The proposed lease will be $3,210 per month gross for the main floor of the building,
which is 3 square feet. Total annual revenue from the lease will be $38,520. An
initial broker fee payment of $5,655 will be required.
BACKGROUND:
:
At the February 23, 2010 meeting, the City Council approved a Purchase and Sale
and Improvement Agreement with NKT Commercial for acquisition of propel at Soo
East Branch Street (former Farm Credit building) and sale and development of City
property at Zoo and 208 East Branch Street and the adjacent parking let. At a
Special City Council Meeting on March 29, 2010 it was decided by the City Council
that all City Hall com staff will be relocated to the former Farm credit building and
the City would solicit proposals to lease the existing City Hall building.
A Request for Proposal was distributed and no responses were received by the
deadline. A proposal to lease the building "lease" was lamer received from Fie /Max
Del Oro and the City's counteroffer has been accepted with minor modifications.
ANALYSIS of ISSUES:
The lease rate of $1.03 per square foot is within the range of a market analysis
prepared by a leasing agent ($1.00to $1.10). Other key terms include the following:
The tenant will be provided half of the basement at no additional cost and the
City has reserved the right to continue to use the other half for storage.
Agenda Item 8.f.
Page 1
CITY COUNCIL
CONSIDERATION OF LEASE WITH REIMAX DEL OR4 FOR THE EXISTING CITY
HALL BUILDING AT 214 EAST BRANCH STREET
OCTOBER 72, 2070
PAGE 2
0 The two months will be at no charge.
0 Rent will escalate by 2% annually after the third year.
The initial terra will be three 3 years with one 1 two 2 year option and three
( 3 ) five y ear options. The City will have the right to reoccupy some or all of
the building during any of the three 3 five year option periods.
The tenant will pay possessory interest takes.
Staff believes the proposed use will be a good fit for the building and Fie /Max Del Oro
appears to be a business that would be cooperative and flexible in working with the
City, given the unusual transitional circumstances. Re /Max Del Oro intends to
sublease a portion of the building, likely for another office use, but no subtenant has
been identified at this time.
While Fie /Marc Del Oro intends to rake some initial improvements to the building,
they do not propose any significant modifications. Any changes would require review
by the Historical Resources committee as the building has a local historical
designation. Since the property is currently zoned Public Facility, staff recommends
a Development Code Amendment be processed by the City to allow flexibility in
leasing City facilities for private office, limited retail, and other uses in the Public
Facility zone.
ALTERNATIVES:
Alternatives available for City Council consideration include the following:
0 Approve the proposed lease;
0 Direct staff to renegotiate the terms;
0 Reject the lease and pursue another tenant; and
0 Reject the lease and direct staff to maintain operations in the city Hall building.
ADVANTAGES:
The lease will enable all City Hall complex staff to relocate to the former Farm credit
building, which will maximize efficiency of operations. The lease revenue will enable
the City to fund all improvements necessary to allow full occupancy of the former
Farm credit building. Mean while, the terms of the lease will provide flexibility for the
City to reoccupy the City Hall building in the future, if necessary due to any increase
in office space needs, should public service levels increase. Approval of the lease at
this time would be very helpful to the relocation of the Community Development
Department staff, files, and records by resolving future relocation plans. Lastly, the
Agenda Item 8.f.
Page 2
CITY COUNCIL
CONSIDERATION ATION of LEASE WITH RE/MAX DEL ORO FOR THE EXISTING CITY
HALL BUILDING AT 214 EAST BRANCH STFE ET
OCTOBER 12, 2010
PAGE 3
lease involves a use and tenant that is generally compatible with the historic site and
building.
DISADVANTAGES:
No disadvantages of the proposed lease have been identified.
ENVIRONMENTAL TAL F E IEW:
No environmental revie w is necessary for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 7, 2010 and on
the City's website on Friday, October 8, 2010. No comments were received.
Attachments:
1. Proposed Lease (will be distributed separately)
Agenda Item 8.f.
Page 3
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.f.
Page 4
A. INCORPORATEO
AKX JMY 10, 19111
Z �g �°' MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: SUPPLEMENTAL INFORMATION -- AGENDA ITEM 8F
DATE: OCTOBER 11 1 2010
Attached is the proposed lease with Re/Max Re/Ma Del Ciro for the ex isting City Hall building.
The initial term is for fire years, which is a change from the description In the staff
report. Please let me know if you have any questions.
Thank you.
attachment
4 CAL I F r N I A LEASE AGREEMENT
4 SS IATI
ON
IRR F A LT
' T ( CAR . Farm CL, Revised 1 fo'1
Date Far ref only: October S Soto The # of rr Grande {"Landlord an
c r _ _ _ __ Tenant!) agree as follows:
-
--
f. PROPERTY: Landlord rests to Tenant and Tenant rents from L the real property and Imp rovements described a : 214 uranc - a
( "p romises"), c
comp a approximately 100, 000 6 of the total square footage of rentable space in the enfiro property. S ee exhibit A for a further
description of the Premises.
2 . TERM: The term begins on (date) ("Commencement Date ),
(Check A or 8):
A. Lease: and shall terminate on (date) December 31, IQ at [3 AM W PM. An holding over after the
term of this agreement expires, with Lan or s consent sh create a Won -month ten -n th at either party may terminate as specified In
paragraph 28. Rent shall be at a rate equal to tine rent for the Immediately preceding month, payable In advance. All other terms and
conditions of this agreement shall remain in full force and effect.
[3 B. Month-to-month: and continues as a month -to - month tenancy. Either party may te rminate the tenancy by givi written notice to the other at
least 30 days prior to the Intended term i na tion date, subject to any a pplicable laws. Such notice may be given on any date.
]
C. RENEWAL OR EXTENSION TERMS: See attached addendum
3 . BASE RENT:
A. Tenant agrees to pa Base R ent at the rate of (CHECK ONE ONLY:
( ) $ per month, for the term of the agreement.
[] O per month, for the first 112 months of the agrearnen1. Commendng with the I 3th month, and upon expiration of
each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All Urban Consumers C" CPI ") for b+rZ A
(the city nearest the location of the P remises ), based on the following ormu a � B ase en a mu p e mo currer�
preceding the first calendar month during which the adjustment Is to take effect, and divided by the most recent CPI preceding the
Commencement Date, In no event shall any adjusted Bess Rent be less than the Base Rent for the month Immediately preceding the
adjustment. If the CP1 Is no longer published. then the a djustment to Base Rent shalt be used on an alt ernate Index that most closely
reflects the CPI.
J) (3) # 210.00 per month for Ilse period commencing January 1" 2031 and ending �D oember 31 1 end
_ per month for the period a nrnenoing air xa�x r n
3 1 -- C d er�dl cemb w .31, an
3 339. 6 8 per month for the period commenc January 1, 2015 , and ending --- - Do oember 31, 2015
E] (4) in accordance with th e attached rent whedule.
[3 O Other.
B. Base Rent Is payable in advance on the 1 is (or 0 day of each calendar month, and Is delinquent on the next day.
C. If the C ommencement Cate falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based
on a 3 0-day pePW. if Tenant has paid one full month's Base Rent In advance of Corn m encernent Date, Base Real for the second calendar month
shall be prorated based on a 30•day period.
. RENT:
A . Definition: t" Rent shall mean all monetary oblig of Tenant to Landlord under the te rms of this agreement, except securlty deposit.
B. Payment: Rent shall be paid to (Dianne) The C1 ty o f A rroyQ Grand* at (address)
or at any other
baton Wcffi b y n n Wrkiing to Tenant.
C. Tinning: Base Rent shall be paid as specified In paragraph 3. All other Rent sh a ll be pall within 30 Mays after Ten ant 1 billed by Landlord.
. EARLY POSSESSION: Tenant is en titled to possession of the Premises on
If Tenant Is i possession C or to the Commencement Date, during this t e (l} Tenant Is not ,obligated to p Sass Rent, and (1I) Tenant ff is
[] I not obligated to Fay other than Base Dent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant Is
obligated to comply wHh all other terms of this agreement.
SECURITY D EPOSIT:
A. Tenant agrees to pay Landlord , 210. 00 as a security deposit. Tenant agrees not to Fold Broker responsible for its return.
IF CHECKED :) CI If Base Rent increases during the term of this agreement, Tenant agrees to Increase security deposit by the same proportion
as the increase In Base Rent.
S. A] I or any portion of the secuc deposit may be used, as reasonably necessary, to: (1) cure Tenant's default In payment of Rent, late ch erg es,
non- sufficient funds C'NSF" fees, or other sums due; (Ii) repoir damage, excluding ordinary wear and tear, caused by Tenant or by a guest or
licensee of Tenant; (111) broom clean the Premisee, if necessary, upon termination of tenancy* and (1rr) cower any other un fulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT T Cp LAST MONTH'S RENT. If all or an y portion of the
security deposit Is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (1) furnish Tenant an itemized statement Irrdleating the
amount of any securRy deposit received and the basis for its dispositlon, and (11) return any remaining portion of security deposit to Tenant.
However, if the Landlord's on claim upon the security deposit Is for unpaid Rent, then th remaining portion of the security deposit, a fter
deduction of unpaid Rent, shall be retum d within 14 days after the la ndlord receives possesslon.
C. No Interest will be paid on security depoWL unless required by local ordinance.
The copyright laws of the United States (Title 17 U.S. Code) fo rbid the
unauthorized reproduction of this form, or any portion thereof, by photocopy
rmachlne or any other means, Including facsimile or computerized formats. Landlord's Initials
Copyright 0 1096.2009, CALIFORNIA ASSOCIATION OF REALTORS O, INC. Tenant's Initials
ALL RIGHTS RESERVED. �rw�rr
evia by Date
CL REVISED 10101 (PAGE I of )
COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF )
Agent: Marls Burnes CCIM ALC Phone: (806) 561B.0900 Fax: (845) 65119901 Prepared using zilpFOMOD software
Broker. Burnes Commercial Group P.C. BOAC 3195 Pismo BeaGh, CA 93448
Premises: 214 Branch t: - a, 12o rtion o r y Grand tf a�.Ie - - Date o ob r 1
T. PAYMENTS: PAYMEN
TOTAL 4E EIVE MLANCE QU DUE DUE
A. Rent: From 0 1101L2011 T 02128120 3,,2 00 $ $
We Date
B . Security Deposit ............ . ... . . 210. $ $Z2 10,00
C. Other:
ataxy
D. Othe �
a
E. Total ■ . .. . . . . .. . . . . ■ . . . . . .. . . . . . . . . . . . . 6 4420-0 0 4 20, Q ID
8 . PARKING: Tenant Is entitled to Wgiml to ,,... ' unreserved and N rafsenved vehi parking spaces. The right
to parWng 0 is [3 Is not Included in the Bass lent cha pursuant t parag 3. If not included I th Base Rent, the parking ren tal fee shall
be are additional per ,month. Parking spat are to be used for parking operable motor vehicles, except for trailers, boats,
campers, bases or trucks (other then pick -up trucks). Tenant shall park In assigned spa only. Parking speces) are to be kept clear~. Vehicles
leaking oil, gas or other motor v ehlcJe fluids shall not be parked In parking spaces or on the Premises. Mechanical work or storage of Inoperable
vehicles is not allowed In parking space(s) or else There on the Premises. No overnight parking Is permitted.
g. ADDITIONAL STORAGE: Storage is permitted as (olioWS : Basement: - the ocean ye t �n a�p�c axsaoe
The right to additional storage spate M Is C3 is not included In the Base Rent charged pursuant to paragraph 3. If not Included In Base Rent,
storage space shall be are additloina p er month. Tenant shall store on ly personal property that T enant owns, and shad not
store properly that is claimed by another', or In which another has any right, title, or interest. "Tenant stall not store any Improperly packaged food or
perishable goods, flammable materials, explosive s, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the
clear, -up of any Conte mination caused by Tenant`s use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Pleat or is uarroe of a NSF check may cause Landlord
to Incur costs and expenses, the exact amount of which are extremely difficult and Impractical to determine. These casts may include, but are not
limited to, processing, enforcement and ecoountlng expenses, and late charges Imposed on Lan dlord. If an I nstallment of Bent due f rom Tenant is
not received by Landlord w+thin 5 calendar days after data due, or if a check Is returned NSF, Tenant shall pay to Landlord, respectively,
as late charge, plus 10% Interest per annwn on they delinquent amount and $26.00 as a NSF fee, any of which shall be
deemed additional Rent. landlord and Tenant agree that these charges represent a fair and reasonable estimate of the oasts Lan dlord may incur by
reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current Installment of Rent.
Landlord's acceptance of any late charge or NSF fee shall not cons titute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge
or NSF fee shall not be deemed an extensions of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and
remedies under this agreement, and as provided by law,.
i l CONDITION OF PREMISES: Tenant has examined the premises and acknowledges that Premise is clean and I n operative condition, with the
following exceptions: Fo Addendum One
items listed as exceptions shall be Teak with In the following manner:
12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances C'Laws"). landlord
makes no representation or warranty that Premises are now or in the future wit be suitable for Tenant's use. Tenant has made its own Investigation
regar all applicable Lawn
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant Moo trio as cable
telephone,, w er sever a nd arba
1 4. PROPERTY OPERATING EXPENSES:
A . T enant agrees to pay Its proportionate share of Landlord's estirnated monthly prope operating expenses,. Including but not K iced to common
area maintenance, consolidated utility and service hills, insurance, and real estate takes, based on the ratio of the square footage of the Premises
to the total square footage of the rentable space In the entire property.
OR B. 0 fit c ho c ke d) Paragraph 14 does not apply.
16. USE: The Promisee are for the axle use as Per rtem 39. A ddf lona2 use per Addench m One
No other use is permitted Without Landlord's prior written consent. if any use by Tenant causes an Increase In the premium on Landlord's existing
property Insurance, Tennant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16. RULESIRE ULATIONS: 'Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, O wnees Asso! of n) that are at any
time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant ado not, disturb, annoy,
endanger, or Interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, Including, but not limited to,
using, manufacturing, selling, sto ring, or tr ansporting Illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or
nuisance on or about the Premises.
17. MAINTENANCE: is�o
A . Tenant OR 13 (if chocked, landlord) shall professionally maintain the Premises including ems; it --send � electrical, plumbing and
water systems, If arr , and Creep glass, windows and doors In operable and safe condition. Unless Landlord is chocked, if Tenant falls to maintain
the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost
S. L andlord OR[3 (if c hocked, Tenant) shag ma intain the roof, foundation, exterior walls, common areas and LandsaVe, HVA (heating and
!� eeeeee�u.iee�•.i�e
L Initials f
F
Tenant's Initi �
pyrlght 'l X58- 0( S, CALIFORNIA 1l ASSOCIATION r l= B LTDI , INC. Reviewed by Date I i14
CL ED 101 ( PAGE f o�xu nrrr
MME IAL LEASE AGREEMENT L PAGE 2 OF a 214 Branch
Premises. 234 Branch St — a portion of ArrOVO Gr and e Cltv Mall Date October 5, 201
1 S. ALTERATIONS: Tenant shall not make any alterartIon 9 In or about the Prem Ises, Incl installation of trade fixtures and signs, without Landlord's
prior written consent, which shall not be unreasonably withh A a lterations to the Promises shall be dons socording to Law and with required
perms. Tenant shall give Landlord advance notice of the commencement date of any pl anned altera tion, so th Landlord, at its opti may post a
Notice of Non -ResponsiblIty to prevent potern tlail liens against L Interest In the Prom ises. La may also rewire Tennant to provide
Landlord with Ben releases from any contractor performing work on the Promises.
g. GOVERNMENT IMPOSED ALTERATIONS: A alterations required by Law as a result o f Tenant's use shat be T enant's re p nsibliit . Landl
shall be responsible for any other elterations required by Law.
o. ENTRY: Tenant shall make Premises avalloble to Landlord or Landlord's ag for the purpos of entering to ma ke I nspections, necessary or agreed
repairs, alterations, or improvements, or to supply necessary or agreed services, or to snow Promises to prospective or actual purchasers, tenants,
mortgagees, lenders, appraisers, of contractors. Landlord and Tenant agree that 24 hours notice {oral o d1ten ) shall be reasonable and sufficient
notice. In an emergency, Landlord or Landlord's representative may eater Premises at any time without prior notice.
1. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FAR LEASE sign on the Premises within the 90
or day period preceding the termination of the agreement I )
. SUBLETTING AS I �NMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest In
it, without the prior written consent o f Landlord, which shall not be unreasonably vvllhheld. Unless such o nsent is obtained, any subletting,
assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or o themAse, shall be null
and void, and, at the option of Landlord, terrnlnate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an
application and credit information for Landlord's approval, and, If approved, sign a separate written agreement with Landlord and Tenant. Landlord's
consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or tf nsfer, and
does not release Tenant of To nant's obligation under this agreement.
3, POSSESSION: If Landlo is unable to deliver possession of P remises on Commencement Date such slate shall be extended to the date on which
possession Ls made available to Tenant. However, they expiration date shall remoln the same as specked in paragra 2 . If L andlord Is unable to
deliver possession within 8Q (orb ) ca lendar days after the agreed C ommencement ent Date, Tenant ma y terminate thi agreement by
giving written notice to Landlord, and shell! be refunded all Rent and security deposit paid.
24 TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, T ennant shall; i) give Landlord all copies of all keys or
opening devices to Premises, including any common areas; (li) vacate Premises and sur€enxder It to Landlord empty of al persons and personal
property; (lrl ) vacate all parking and storage spaces* ft deliver Premises to Landlord I the same condition as referenced In paragraph 11; (v)
clean Premises, (vI) g ive written notice to Landlord of t'enant's forwarding address; and (vll)
Ali improvements installed by Tenant, with or without Landlord's consent, become the proparty of Landlord upon termination. Landlord may
nevertheless require Tennant to remove a such Improvement that did not exist at the tkne possession was made ava ilable to Tenant.
6. BREACH OF CONTRA TIEARLY TERMINATION; In event Tenant prior to expiration of this agreement, breaches any ob9gation In this agreement,
abandons the promises, or gives notice of tenants intent to terminate this tenancy prior to its expiration, I addftlon to an o bligations established by
paragraph 24, Tenant shall also be responsiWe for lost vent, rental commissions, advertising expenses, and painting casts necessary to ready
Promises for re- rents,. Landlord may also recover from Tenant: (l) the worth, at the time of award, of the unpaid Dent that h been earned at the time
of termination; (Ii) the worth, at the t1ma of award, of the amount by which the unpaid Ream that would have been earned after e p #ion un til the tlrrre
of award exceeds the amount of such rental loss the Tenant proves could have been r asorrably avoided; and ii) the worth, at the time of award, of
the amount by which the unpaid Rent for the balance or the term after the time of award exceeds the amount of such rental loss that Tenant proves
could be reasonaNy avoided. L andl o rd may e to conti the tenancy In effect for so long as L an dl ord d oes not terminate Tenant's right to
possession, by either written notice of terminet +on of possession or by reten ng the Premises to another who takes possession, an d landlord ma
enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due.
8. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or padialy damaged or destroyed by fire earthquake, accident or other
casualty,, Landlord shall have the rigid to restore the Premises by repair or rebuilding. If Landlord erects to repair or rebuild, and Is able to oornplete
such restoration w ithin 90 d from the date of damage, su bject to the terms of this paragraph, this agreement shall remain In full force and effect. It
Landlord Is unable to restore the Premises within this time, or If landlord elects not to restore, then el thar Landlord or Tenant may terminate this
agreement by ginning the other written notice. Rent shall be abated a of the date of damage. The abated amount sha be the current nwrtlhly Base
Rent prorated on a 30—day basis. If this agreement Is not terminated, and the darnage is not repaired, them Rent shag be reduced based on the extent
to which the damage Interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Ten rut's guests, on ly
Landlord shall have the right of termination, and no reduction I Rent shall be made.
y. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous matedal on the Premises or the property of
whit the Premises are part. However, T enant is parrnilted to make use of such matedais that are required to be used In the normal coarse of
Tenent'a business provided that Tenant complies Wth all applicable Laws related to the hazardous materials. Tenant Is responsible for the cost of
removal and rem illation, or any clean-up of any contamination caused by Tenant.
8. CONDEMNATION: if all or part of the Premises Is condemned For public use, either party may terminate this agreement as of the date possession Is
given to the condemner, All condemnation proceeds, exclusive of those allocated by the oondernrner to Ternarnre relocation Masts and trade factures,
belong to Landlord.
8. INSURANCE: Tenant's personal property, fixtures, enulpment, Inventory and vehicles are not Insured by Landlord against loss or damage due to fire,
theft, vandaksm, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenaaft awn prope Insurance to protect
Tenant from any such loss. In addition, Tennant shaK carry liability Insurance in an amount of not lose than 1, , 000 . 0 0 . Tenant's fiabfi ty
Insurance shall name Landlord and Landlord'a agent as additional Insured. Tenant, upon Landlord's request, shall provide Landlord vylth a certificate
of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance Insuring Landlord, but not Tenant, In an amount of at least
, plus property insurance In an amount sufficient to cover the replacement cost of the property. T enant Is advised to carry
business Interruption Insurance In an sm*unt at least sufficient to cover Tenant's complete rental obligations to L andlord. Landlord is advised to obtain
policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for
loss or damage covered by Insurance.
Landlord's lnitial
Tenant's Initials •••
Copyright 0 1 99&2009, CALIFORNIA ASSOCIATION F REAL.T € S , INC. Reviewed by Date cau��c
L REVISED 10101 (PAGE of 6) "POUR"
"
C OMMERCIAL L EASE AGREEMENT DL PAGE 3 OF 214 Brand
Pfamises: 214 Bryan Sty -- a p ortion o f AEEgyo Grande i Hall Date October 5 2010
30, TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to
Tenant by Landlord or LarWIord's agent, within 3 days after Its receipt. The tenancy statement shall acknowledge that this agreement is unmodified
and In full force or In fall force as modified, and state the modifications. Fallure to comply with this requirement: (i) shall be deemed Tenant's
ackno%viedgment that the tenancy statement is true and correct, and may be relied upon by a prospectWe tender or purchaser; and (11) may be treated
by landlord as a material bread of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be
hold In confidence) reasonably requested by prospective lender or buyer.
31. LANDL WS TRANSFERd Tenant agrees that the transferee of Landlord's Interest shall be substituted as Landlord under this agreement. landlord
w411 be released of any further obligation to Tenant regarding the secutity deposit, only if the security deposit Is returned to Tenant upon such transfer,
or If the secu dly deposit is actually transferred to the transferee. For all other obli alions under this agreement, Landlord Is retensed of any further
liability to Tenant, upon Landlord's transfer.
32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option the lien of any fiat deed of trust or first
mortgage subsequently plate upon the real property of which the Premises are a part, and to any advances made on the security of the premises,
and to all rene ais, modifications, consolidations, replarceawnts, and extensions. However, as to the Hen of any deed of trust or mortgage entered Into
after omcu llon of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant Is not In default and so long as
Tenant Rays the Rent and observes and performs all of the provisions of this agreement, unIass this agreemen[ Is other ise terminated pursuant to its
terms. If any mortgagee, trustes, or ground lessor elects to have ft agreement placed In a security position prior to the lien of a mortgage, deed of
trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the
date of recording.
33. TENANT REPR SENTATI NS& CREDIT. Tenant warrants that all statements In Tenant's financial documents and rental application are accurate.
Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and pedodlcaV during tenancy in connection with
approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (1 ) before occupancy begins, upon disapproval of the
credit report(s); or (11) at any time, upon di oovering than Information In Tenant's application is false. A negative credit report reflecting on Tenant's
record may be subrnitl d to a credit reporting agency, if Tenant falls to pay Rant or comply with any other obligation under th Is agreement.
34. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them oust f thi ag a nt r any resuiting transaction,
before resorting to arbitration or court ac[lon, subject to paragraph 348(2) below. Paragraphs 348(2) are ly wh3Oer or not the arbitration
provision Is InWaled. Nledlation fees, if any, shall be dIvIded equally among the partles Involved. to 0r offllrn to which this paragraph
sppli any party cornmences an action without first attempting to resolve the ,natter through i ; or mfus o mediate after a request has
been ma en that party shatI not be entitled to recover attorney fees, even If they would a be ava a to that party Inn such action.
MEDIA Di PROVISION APPLIES WHETHER R NOT THE AR BIT ATlC PR ! IS INITI D.
B. AR 1TRATI N o PUTES: (1 Tenant and Landlord agree than any disport Law equity arising between them out of this
agreement or any res g transaction, which is not settled throuo gae n, shall decided by neutral, binding arbitration,
Including and subject to ps aphs 3413(2) and (3) below. The arbitra all e e ratir lunge or justice, or an attorney with at least
years of real estate trans ctiona experience, unless the parlie ally agree t d#f# rent arbitrator, who shall render an award In
accordance with substantive Callforn . In all other respeo ltration I be conducted In accordance with Part ill, Title 9 of
the California Code of Civil Procedure. Ju nt upon the award the arbitra (a ) may be antered in any court having jurisdlctlon. The
par#les shall have the right to discovery In accor ee with Code of Civil I r edure 128. .
(2) EXCLUSIONS FROM MEDIATION AND ARBIT The following tere are excluded from Mediation and Arbitration hereunder: 1 a
judicial or non-judkAaf foreclosum or other action or proceedin enforce deed of trust, ,mortgage, or Installment land sale contract as defined In
Civil Code §2985; (ii ) an unlawful detainer action; (1I1) the Ming or o ,,rent of a mechanics Ifen; (1v) any matter that Is Within the jurisd ion of
probate, small claims, or bankruptcy ooud; and (v) are action for jury or wrongful death, or for latent or patent defects to vyWh Code of
Civil Procedure §337.1 or §337.15 applies. The fling of a court ion to and the recording of a notice of pending action, for order of attachment,
receivership, Injun tloN or other provisional remedies, shall constilute a viola of the mediation and arbitration provisions.
( BROKERS: Tenant and Landlord agree to mediate d arbitrate disputes or cla nvolving either or both Brokers, provided either or both
Brokers shall have agreed to such mediation or arbit tOn, prior to, or within a reasonable after the dispute or dim Is presented to Brokers.
Any election by either or both Brokers to participat n mediation or arbitration shall not result In ers being deemed partles to the agreement.
"NOTICE: BY INITIALING IN T SPACE BELOW YOU ARE AGREEING HAVE ANY DISPUTE ARISING
OUT OF THE ((HATTERS INCLUn N THE 'ARBITRATION OF DISPUTES' PR VI N DECIDED BY (NEUTRAL
ARBITRATION AS PROVID BY CALIFORNIA LAIC AND YOU ARE GIVING UP A RIGHTS YOU (MIGHT
POSSESS TO HAVE TH SPUTE LITIGATED IN A COURT OR JURY TRIAL. BY Il ITIA IN THE SPACE
BELOW YOU ARE G G UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, ESS THOSE
RIGHTS ARE SPE DALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. . IF Y EFUSE
TO SUBMIT TO RBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE DER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREE ME TO THIS ARBITRATION PROVISION IS VOLUNTARY."
low AVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATIGI." . _
Landlord's initials
TenanVa Initials J '
Copyright 0 1998-2009, CALIFORNIA ASSOCIATION OF REALT RS , INC. l eviamd by
We
CL. REVISED 10/01 (PAGE 4 of 6) reft
COMMERCIAL CIAL LEASE AGREEMENT (CL. PACE 4 OF 8) 214 Branch
Premises: 214 Branch St — a r ion of Ar royo rwand i Half Cate October � _ 2010
�a veer ew - e��ee�. yer
36. JOINT AND INDIVIDUAL OBLIGATIONS: If there Is more th one Tenant, eac one s h a ll be I and complete responsible for
perforrnanoe of all obligations of Tenant under this agreement, jointly %VAh every other Tenant, and Individually, whether or not In possession.
N OTI C E: N otIces may be served by mail, facsimlfe, or c urler at the following address or location, or at any other location subsequently des
Landlord: Tenant.
Notice is deemed effective upon the earliest of the following: (1) personal recelpt by either party or their agent; (11) written ackn ovdadge ment of notice; c
(iii) b days after mailing notice to such location by first class mall, postage pre -paid.
37, WAIVER: : The warier of any breach shell net be construed as a continuing waiver of thesame breach or a waN er of any subsequent breach.
38. INDEMNIFICATION Tenant shall Indemnity* defend and gold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees
arising out o f Tenant'e u of the Premises.
9. OTHER TERMS AND CONDITIO ISUPPLEMENTS: A) Irduc enta: zanSUord to contr1but - _base rent for the first
nn•, see
r Sgathe gg the i i teal tem Tan 1I- li r 2 011), Tenant rent de oei o cover anusE r 1, 2011
L% L &Ij ary 28, n ewe w.reeee•
I nark r and begin a e agrees! b rant on
Mg y 4 , 11
B t o One lira Thr A f lode at same egoalation o p rior v eazis
Of 1 0 only lie Lau l ty of ArroX2 Grande) vas back Int
a aru - ore aII a by i. Ter�an exercise r and2cx�d resc,tnd n-z of any n j* lad t a hen
w e w i . ii ■.e.ue a i.n .a...i eea.
on of the F t to=.
Fo ,$ # ker) a ggWeAss I t o o f
84 du
at a gocu tion and ebe remipina 521 due at Tenaln t aoaaeaa Te ont's Broker shall again. ba due gee o f
ne.•ee nnnu
er ods tbgrItafter
p) Section J 4 • =Itzgtion of D1aj2u&es J& Intentl2cally n t InItIgled and Ig struck f cm JbIs dar eamont
The following ATTACHED supplements/exhibits are incorporated In this ag(eement: C3 Option AgM2ment [OAR. Form )
Addendum , Addendum Ty and Exhibit A - -
40 . ATTORNEY FEES: In any action or prooeeding easing out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to
reasonable attorney fees and cos ts from the non - prevailing Landlord or Tenant, except as provided In paragraph 34A.
41. E NTIRE CONTRACT: Time Is of the essence. All prior a greements between Landlord an d Tenant are I ncorporate d i this agreement, which
constitutes the entire contract. It Is Intended as a final expression of the partlee agreement, and may not be contradicted by evidence of any prior
agreement or contemporaneous oral agreement. The parties € rher Intend that this agreement constitutes the complete and exclusive statement of Its
terms, and that no a tdrisle evidence whatsoever ma y be Introduced In any judiclal or other proceeding, if any, In volVring this agreement. Any pmvision
o f this agreement that Is held to be In a d sh not affect the validity or enfo rceability of a other provision I this ag reement. This agreement shall
be binding upon, and Inure to the benefit of, the heirs, assignees and successors to the parties.
42 , BROKERAGE: Landlord and Tenant shall each pay to Broker(s) the fee agreed to, If arty, In a separate written agreement. Neither Tenant nor
Landlord has utilized the services of, or for any other reason owes co to, a licensed reel estate broker individ or corporate), agent,
tinder, or other entity, other than as named In this agreement, In cornneclion with any act relating to the Premises, Including but not limited to,
Inquiries, Introductions, consultations, and negotiations leadlng to this agreement. Tenant and Landlord each agree to Indemnify, defend and bold
harmless the otter, and the Brokers specified herein, and their agents, from and against any costs, expenses, or Ilablillity for compensation claimed
inconsistent with the warranty and representation In this paragraph 42.
43, AGENCY CONFIf MATION: The following a gency relatlonshlps are her confirmed for this transaction:
Listing Agent: (Print Firm Marne) Is the agent of
(check ore):
p the Landlord exclusively; or 13 both the Tenant and Landlord.
Belling Agent: The Burnes C om=azcial Oros -__ (Print Firm Name ) (if not same as Listing Agent) I s the agent of
(check one): W th T enant exclusively; or 0 th landlord exclusively o [3 both the Tenant and Landlord.
Real Estate Brokers are not parties to the agreement between Tenant and Landlord.
Landlord's Initials
Tenant's Initials
Copytight. 0 1998-2009, CALIFORNIA BB i ! iATI OF F EALTOF , INC. eviamd b Dale EX1+�RMM
L REVISED 10101 (PAGE of ) 0##OR11miY
the
COMMERCIAL IAL LEASE AGREEMENT (CL PAGE 6 OF ) 2 14 Branch
P remises: 214 13.ranch S - a portion of r Grande Citz , H Date October 2010
Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Promises; ii) cannot
verify representations made by others; (ill) will not verify zoning and land use rest ricti on ; ( Iv) cannot provide legal or tax
advice will net provide other advice or Information that exceeds the knowledge, education or experience required to
o a real estate license. Furthermore, if Brokers are not also acting as Landlord In this agreemen Brokers: i) do not
decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other
teams of tenancy. Landlord and Tenant agree that they will seek legal, tax, Insurance, and other desired assistance from
appropriate pro slonalls.
Tenant
(Print Name
Address - City
Tenant
Date 411 (Q
State I Zip
( Print Name .
Address _ Cif Stye Zip
Landlord I Date
(owner or agent YAM authority to enter into this agreeranent) rho City of Arroyo de
Address City State Zip
ndiord I Data
( owrwr or agent with authority to enter into this agreement)
Address
City
Ag ency relationshIps are confirmed as above. Rea estate brokers who are not also Landlord In this agreement afe not a p to Me agreement between
Lan dlord and Tenant.
Real Es tate oic r (Leas Finn) #' a 13n Ms n�er ial Gko o -- - - - - -- - - -.. . DRE Lit! 0 0!361305
13y (Agent} DRF Lit. # 01361305 _.......__ . Date 10105
Ma.rk $1. rna
Address P , o . Box 319 _ City "=Q BeAgh I state C P + 9,3 1 nne.nn.
Telephone (005) fi56 -0900 Fox f ) 556 --0901 E -mail mb . gg mOMM Q & 2m_
Real Estate Bro ker Listing Flan)
y A en
Address
Telephone Fax
D E Lie. #
City
Dale
State Zip
DRE Li.
Date
State Zip
E-mail
THIS FORM HAS SEEN APPROVED BY THE C ALIFORMA ASSOCIATION OF REALTORS (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
A DEQUACY OF ANY PROVISION IN ANY SPECIFIC TRAN ACTON. A REAL ESTATE BROKER !S THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR T CADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is avalable for use by the entke real esWW 1nduslry. It Is not Intended to IderAity ih e user as a REALTOR , REALTORS Is a re lstered oolle ve men efship mark
wh" maybe used only by memko s of the NATIONAL ASSOCIATION OF REALTORSO who subsedbe to b Code of Ethim
PubUshed and Disftuted by:
REAL ESTATE BUSINESS SERVICES, INC. 1 2 1
a subsIdlefy oftbe C aWomfa AsWalbn of REALTORS
. 625 South Vifgl Avenue, Los Angeles, Catiior* O Rawkwied by Date M"
C L REVISED 1101 {PAGE 6 OF }
C OMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 214 Branch
CALIFORNIA
14 ft 4ft ASSOCIA'T'ION
OF RBAL'i'ORS
ADDENDUM
(C.A ■R. Form ADM, Reprised 10101)
{. One
The followling terms and conditions are hereby Incorporated in and made a part of the: 13 Residential Purchase Agreement,
i anufa tared Home Purchase Agreement, E3 B usiness Purchase Agreement, 13 Residential Lease or l loath - "onth Rental
Agreement, 13 Vacant Land Purchase Agreement, D Residential Income Pfoperty Purchase Agreement, 13 Commerdal Property
Purchase reement [Mother Commercial Lease Agreement (CAR form CZ) _. ■..,,
dated Octob 5 2 .� , on property known as 14 East Bran St
in why - �r a es, r a — - - -- - - -- - - - is referred to as "BuyerfTenant"
and Zh e i tZ of Arroyo &Ande -- is referred to as ("Seller/Landlord").
.a= - -- ------
the ,rest side of the Buildi ar gLn E, Branch l 2t i jLeet. The Tenant.,mav use the existing
monument: airrn� e tr�o �ur o f-wean the l g molea _ Ci ty s3 .regulat1oas nr yAde jjo -. t wo az2d aa=ntment: m;Lg= fla to th ag y buildin 1
2) 2jere Is n 2XIvate .12arkii0a.-avdilable, Plvblla 2ar kin g behind the buil K jjj, n ot h,=
- on fat rars trlrar_ _ tl�e_'amea Iarrs.t oraurr smeclal eve
-i - - - _ ■ i i i
s i ■ ■
all gjA&Le 2=fesslonal offl ee and or retail rid or food and keveraae use.. at Zandlorgll „ ■ , :
r ot1e Ater er t to 1 c a1 ua s. M11� ogre r _, I e T a e . Amts, ,
..... ....... s
jCo ditlon of g=wlses at del;Eve&v: Zan Ord shaU deliver the.,ggpAlses 1 21 =gm Ie&n#* w1
-
day rlart of - res c liffsion thereof .
i
or C2 addreas Americans i t Di sa ' U ti ll comol ' ance . Should an oro ver=ent agenav
�ra.r±Ijk an tlse lease . lease shall a r t iii ter n e la tel ►* ter inatta t.� _ leaffin .
,..
Id-I 139E A 2 r in.A. Urgen bis 00 -1 Tenant.. to-- _C=14”
r�aks i s r:e essar`�r a t l� r m t discrs tior . -__ v i1pi a ten is Mtn t t: Sri t o nrl
_. ....r. .._
.r.peu i�r r� t e e as a ro sa er_ eet._ t ha C1 ter a to i—sauxces all d
,_. ■__.
=U=t oral o 8ffWt r. - ommittee. - 71 + er ant to Days possesory use tai Up to $2400.00 yeaXs J ivit -h 2* annual ea elation years
The foregoing terms and co ions are hereby agreed to, and the
Date
i
BuyerfTenant 4
lei ro Rzb er , Z ile
Buyer/Tenant i
undersigned acknowledge receipt of a copy of this document.
Date
tiller L.a ndlerd
The City of Arroyo G rande
Sellerlt.andlerd
The copyr hl laws of the United States (Title 17 U .S. Oolii fbrbld the unaulhoried reproduction of this form. or any po don thereof, by phony machine or any other mews,
Including facsknile or ompulWifte ferrets. Copy ht 1986-2001, CALIFORNIA ASSOCIATION OF F EALTORS&, INC. AL RIGHTS RESERVED.
ERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTAT IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL. ESTATE BROKER IS 7HE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRA SACTION , IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
7hls form Is available for use by the entire real estate Il lr . It 13 +not intended to k1eintily the user as a REAL:TCF . REALTORS is aw registered collectWa mfterehlp mark
which may bo used only by members of the NATIONAL ASSOCIATION OF REALT RS9 who subscribe to Its Code of Ethics:
1 PubWW and Diluted b
,� F 4L ESTATE BUSINi SS SERVICES, INC. F eviewaed b �
a at�a of e C as� A da o1�TOM
4 b So M Wp mm, Los Angeles, ldomis W20 �
Broker or Designee ?ate WKWIM"
ADM -11 R EVISED W01 (PAGE 1 OF 1)
ADDENDUM (ADM PACE I O 1
Agents Mark Burnes CCIM ALC Phone: (806) 556.0900 Fax: (805) 556.00 Prepared using AfformS software
Broker: Burnes +C rr merolai Group P.O. BOAC 3105 Pismo Beach, CA 93448
Ar� CALIFORNIA
-
ASSOCIATION
OF AEALTOItS
ADDENDUM
D.A.R. Form ADM, Reprised 1 101
. Two
The following terms and oonditions are hereby Incorporated in and made a part of the: 1 Residential Purchase Agreement,
0 Manufactured Homo Purchase Agreement, E3 B Purchase Agreement, ❑ Re sldential Lease or Month-to-Month Rental
A mmAnt_ Vacant Land Purchase Agreement. 0 Residentlall Income Pro pe rty Purchase Agreement, 0 C ommercial Property
Purchase Agreement, 10 other Conmercial Zease Ag reement;
dated octobjL 5, 2010 on property known as 214 Xast Rranch S
I i Dal or o n I referred to a rBuyerlrenant"
and The C t o Arroyo ra r�cfe I referred to a (" e1[er�i..an
IjWenant sh be a at ra
Aft
•
r
s e at for �o r i t er e�ren t s eat 2r the s3 _i, _ --
r
■ e t12
4 1 Zgsna���njj ali a Ida of 1:12-a bli��111;11111111=er ta
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Date ( Date
BuyerlTenent � Seller /Landlord
62 e 8 , ZnC The C ity of Arroyo Grande
B yer Tenant
Seller/Landlord
The copy+r ht laws of the Urdled States (1 1 7 U.S. Cod brbld the unauUwrftd reproduction of this form, o any portion Thereof, by pho mechIne or any other means■
including facsInfde or computerized Iorrmis. Copfthtt 198$ -2001, CALIFORNIA ASSOCIATION OF REAL.TORM WC. ALL RIGHT TO RESERVED.
THIS FORM CIA BEEN APPROVED BY THE CALIFORNIA ASS OCIATION OF REALTORS* ( NO REPRESENTAT 18 MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A SAL ESTATE BROKER IS THE PERSON QUALIFIEO TO AWI E ON REAL ESTATE
TRANSACTIONS. IF YOU DESI LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSI
This form is avoUble for ua by the snore real estate Industry. It is not Intended to Idiert0ty 1hs user as s REAL; R9. REALTORD Is a registered collective membemlip irk
which my be used onf by rnermbem of the hIATICNAL ASSOCIATION OF REALTOR SO who subscribe to its Code of Ethka.
I Nbfished and DWWW W.
Fes. ESTATE WSl ERVICE ,1 0.
'� es �A%xwA6 �ofR 4LTORS Re vie ed by ,
P O 625r911 A au% Lot Angeles, CoVomis 9M B roker or 13e09r a bate
MA
AOM 1 REVISED 10/01 PAGE: I OF 1 Wral"I r
ADDENDUM (ADM -11 PAGE 1 OF 1
Agent: Mark Burnes CCIM ALC phone: (805) 555.0 Fax: ( 805) 555.0 0'1 Prepared using zlfformO so ftware
Broker.. Burnes Commercial Group P.O. BOX 3195 Pietro Beach, C 93448
R
RPORATED
JULY to, 1911 , MEMORANDUM
1F
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION of LETTER To THE BOARD of SUPERVISORS
REGARDING ZONE 3 WATER SUPPLY CONTRACT
DATE: OCTOBER 1 , 201
RECOMMENDATION:
It is recommended the City Council authorize the Mayor to send the proposed letter
to the Beard of Supervisors on behalf of the City.
FINANCIAL IMPACT:
There is no financial impact from this item.
BACKGROUND.
The County Board of Supervisors serves as the Board of Directors for the Flood
Control District, which owns and operates the grater storage and treatment facilities at
Lake Lopez. The City receives 67% of its water supply from Lake Lopez and the
costs for receiving this water from the District have risen sharply during the last three
years. According to the City's grater supply contract with the District, the City's ability
to participate in the District's budget making process is limited to the city's
representation on the Zone 3 Advisory Committee. Concerns were expressed by the
City Council during the last grater rate adjustment regarding the inability to control
these costs.
ANALYSIS of ISSUES:
At a recent meeting of representatives of the municipal water subcontractors,
including Pismo Beach, Arroyo Grande and Grover Beach, similar concerns were
discussed. it was the consensus of the group that each City send a letter to the
Board of Supervisors, outlining concerns with the operations of the water facilities
and requesting additional participation and authority in the decision making process.
A proposed letter is attached for your review. A similar letter has been approved and
transmitted by the City of Grover Beach City Council.
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION OF LETTER TO THE BOARD OF SUPERVISORS REGARDING
ZONE 3 WATER SUPPLY CONTRACT
OCTOBER 12, 2070
PAGE 2
The letter includes two requests:
1 That the Zone 3 Board be authorized to conduct an audit of the District's
expenditures as it relates to the operations of the Lake. This audit will provide
detailed information to the Zone 3 Committee members and agencies on the
costs incurred on operations of the Lake and a breakdown of overhead costs
charged by the County;
2 That a discussion be initiated between the District and the Zone 3 Committee
regarding the restructuring of the current relationship between the District and
the Zone 3 Committee that would lead to the Committee having a greater role
and authority in the decision making process.
Since the meeting amongst the jurisdictions, staff has also met with the County
Public Works Director and staff that oversee the water treatment plant and facilities.
They presented a number of efforts under way to better redu and manage costs,
which will be helpful. Therefore, staff believes the City's concerns have been heard
and are being responded to. However, the recommendations are still important to
help put in place a structure that will better ensure accountability and cost efficiency
on an ongoing basis.
ALTERNATIVES:
1ES:
Alternatives available for City Council consideration include the following:
Approve the proposed letter;
Modify and approve the letter;
Approve the letter, but request staff take additional steps;
Reject the letter; or
0 Provide staff with other direction.
ADVANTAGES:
Working with the City's neighboring agency, the recommendations are intended to
gain additional control in the future on the operation and expenditures associated
with Lopez Lake water. The overall purpose is to better control future rate increases
to the City's water customers.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL OIL MENTAL EVIE :
No environmental review is necessary for this item.
Agenda Item 8.g.
Page 2
CITY COUNCIL
CONSIDERATION OF LETTER TO THE BOARD OF SUPERVISORS REGARDING
ZONE 3 WATER SUPPLY CONTRACT
OCTOBER 12, 2010
PAGE
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 7, 2010 and on
the City's website on Friday, October 8, 2010. No comments were received.
Attachments:
1. County of San Luis Obispo Flood Control Contract
Agenda Item 8.g.
Page 3
October 12, 2010
Chairperson 11 echarn and Board Members
San Luis Obispo County Board of Supervisors
County Government Center
1055 Mon terey st reet
Room -430
San Luis Obispo, California 93408
Dear Honorable Chair and Board Members:
P.O. Box 550
214 East Branch Street.
Arroyo Grande, CA 93421
Phone: (805) 473 -5404
FAX: ( 805) 473 -0
E -Mail: ageity@arroyogrande.or
As y ou may know, the City of Arroyo Grande receives % of the City's grater supply
from the San Luis Obispo County Flood Cdntrol and Water Conservation District
"District ") owned facilities at Lopez Lake. As a grater supply contractor, the City is
resp onsible for a majorit of the costs associated with the District operation of the
facilities et our ability to control these costs is extremely limited. The issue of
raising costs and the City limited ability to participate in budget and operational
decisions has become a utter of increasing concern to the City.
The City was recently req uired to increase its water rates, which was largely
necessary to accommodate a sig nificant rise in costa passed along to the city for
operations at the treatment plant. Ultimately, the City is the one held accountable to
the rate pay for all costs associated with the delivery of grater. According to the
current Water Supply Contract, the City ability to influence cost increases
assoc with Lop Lake op erations is limited to our representation as a member
of the Advisory Zone 3 d i Committee. Contract language describes the role of the
Committee as an
a dvice and comment role on matters relating to operations and
Lake. While the C it y budgeting for Lope a p p reciates the opportunity to advise and
comment on s ig n ificant natters related to the operations of the Lake at the Zone 3
s g
forum, �t �
. not the same as havi some level of authority that would provide
appropriate accountability to the concerns of the rate payers.
In recent ye ars, the City has seen costs associated with Lopez Lake water rise from
a pproximately $ 2,3 64 ,000 in FY 2007 -08 to approximately $3,140,000 in FY 2010-
u l of the C discussions with District staff, we understand that these
1 'l . � a res
cyst increases have been associated with the need to add capital improvements, an
increase �n the cost of o ' o erations and the costs associated with the preparation of
the application i n for the Habitat Conservation Plan HCP . County staff has also
briefed Cit
staff on recent efforts to increase efficiency, which we appreciate and
s upport . Ho wever r , due to the present structure of our relationship, our ability to
p articip ate y
artici ante full in future decisions regarding these costs is severely limited.
Agenda Item 8.g.
Page 4
October 12, 2010
Page
In order to rectify this issue, we suggest the following:
1 That the Zone 3 Board be authorized to conduct an audit of. the District's
expenditures as it relates to the operations of the Laker This audit will provide
detailed information to the Zone 3 Committee members and agencies on the
costs incurred on operations of the Lake and a breakdown of overhead costs
charged by the County;
2 That a discussion be initiated between the District and the Zone 3 Committee
reg arding the restru of the current relationship between the District and
the Zone 3 Committee that would lead to the Committee having a greater role
and authority in the decision making process for Lake operations.
Please let me know if y ou have any questions and thank you for your consideration
of our concerns.
Sincerely,
Tony Ferrara
Mayor
Agenda Item 8.g.
Page 5
5
ATTACHMENT 1
c
sex rms OBISPO COMM FLOOD c
AND
WATER CONSERVATION DISTRICT
AND
THE CITY OF ARROYO GRANDE
FOR A WATER SUPPLY
Dated as of
Augut 1 2000
595300.2
Agenda Item 8.g.
-- - -- - Page 6
r
TABLE OF CONTENTS
Acl l • # i ons .. • * a • * * i 0 • • • t • # • * • • # # • • • • # * • ■ • ■ # • • • • # • # # • # i # # * * ■ • a * a • i • * ■
Ardde of Coact * # i i # i ■ # a • . a a # * * ■ . . • # # ■ * ■ ■ i . # ■ * • * # # * i . i • # # • • • i • • # s # # • 11
A r t i di VididatiOn # # # # • * * m • @ * i • # • # ■ * * # • • * i * ■ ■ i # e -*s ■ i ■ # * i * • • i ■ P * a # i # # • i w i • 12
Aafide 4, Distfibudon a Sak of ■ # # #• #•• # ■i # #• #.
(A) L # Wow Relies= • # i # # # * # • * • • i # • * * • ■ • # * ■ * ! * • i • # * # # # # 1
(B) Q1 I a ifl A B
surow"a ftm # i • * i # # ■ * • # # i ! i • • • * ■ # i i • # i * ■ ■ ■ ■ * # • # • # • ■ # # i • ■ • ■ ■ i # • ■ * 1
(D) Swp1w Water # a i ■ • # a b • • • i # • a • # • # i # ♦ # i ♦ a a '■ ♦ # ; * a i ♦ i • • t * # i • ■ # # ■ # • * i # 1
Article :5. Waw S •••..i* ii*#.• ii*.** i#. i #6 * * @ * *aaa &..##..#. ■•■.. #. ■#
Article 6. Compledon # Reme 0 on 0 a i i . i • # # # * ! . . i * .. i ■ i # • • • 1
Article 7. Ddivery ofWaw ...... T#*** i■ •#•*#■### ## *i# #R#i #t *M■i■#*#!•#* #•.#•* #. is
Article &. :M •. * ****## *i i ■#i I
Article 9. Tmax for Ddirver of Project Wasw * # • # ! ■ ! . # • • • # ♦ • . i • • i # • • • ! * * ! # # # # # s s i • # 1
Acla 10, Ras onuVty for Delivery and Di t ixiti n of Wad Bqond Defivey is so w2O ,
Article Ile, Cqxraft Nfaintmumce of Project Wder wi• *••##i.i•. ##.. ■i20
Article 12o WderQualft i as so * * * * s ■ i ■ ■ i # # a • # • • . • a • • # # • • ■ ■ • # # • • i # • * . ■ * : i * .. i **24
Article 13, Curuihnew of Delivery of frojcct Way for M&Wftwm Pwposes ... * . a ■ ■ ■ . # 2
Article 14, Reba andMe6odof ..... #.. #....... #......,.W &Ado * & * son * *e■ * *2
(A) Aflocado o f °t No ect Cow and D ebt ■ # • • # # * * i # i a * . i . i # i . 25
(B) A
(C) A Cmdb qg aka ComwaP
( ID ) Q ua"er&Va*MeCha W soo.* 00*000 0 0* 029
(E) Use byMMetof Total Con&acfPqmuws #.. ■ #..... ■..... #. #. # ■ ■ ■. #.#
Article 1 • Pa Y ObfiPfiOn of AgwcY * . f ■ . i # ■ . * . * * ■ i i . * . * # # i # * a ■ # s # . a e a a . a *
Article 16. Pledge; tab ■ and Collection ofRaNes and # ... i ■ .. ■ . ■ i .... i ■
9M
a
.
Agenda Item 8.
g g
-- - Page 7
a
� MEN
Article 17. 3 1
Article 18. F a il me lz s Set or Coll a M pjfts and M # i * • * i # • a # # i • i i a i • a 33
Article ■ Area Saved by A g enc y # # # a • • • # . # # # # a # . # i # . . # . * . # i . a # * i # a * a i a . # a . * i . i * 3
Article 2 1 , AgenWs Obis SeveW and Not Job lime step provisions as
. # # • i # ■ # # a a # i y ► • • * # 9 • i # • # • # # • i i • a i # • # # # a # # ■ * # i * * * # • a # ■ a # 34
Amide 22# * ♦ ■ s * • # • • • * • # • # ■ i a # * # • ■ # • . • ■ # ■ • # a • a
Article ..# i...■■##.#..,..■#....# #. #., ■ #... # #. #�... ■... ■•i# #aai
Article 2■ i0jplumim ate Grp wftm to Be P rovi d ed �a
Arficl 25 Waiver I t I • • a # • • # s • • • ■ a • * • s ■ • # • a • * s i ■ • # • • • • • # ■ * * # • # # # # • # #
Arcla Notices • • • # # • • # • • ♦ # • * * # i i # a • # a • i # # # ♦ ! ■ a ♦ • * • ■ ! # # ■ # # # * * # • # # # # ■ s o a a * 3
Article # . a # # # i # • # i . # # a a # . * * • # # * * * . a i # i . * M. # # # • a a # .. # . # . i # * a a # # * # 3
Article 28* sp= n Bw Roo orb . # ■ ■ . . # . * i ■ a i # # # o a a i r * ■ a .. a ■ # a # as a i
jkrticl ■ t # • ■ ■ # • • * # • • • * # • • • e ■ • # # # # • # a # # # * a # i a # # * # # # i # * # # # i * # i • # * # # 40
Ardcle 30. Wow w oo * ■a .##* * a # # # # o i . #... # # # .. l
A rti c l e 3 1 i Wheeling # a . # # * * sa i l ##. * ■sa ■ ■ aa# *ta ■•• ■a. ■ # s e e ##
Artic Executi onin Co unwrpmu ■ • • • * • • i # # i # l a a . a s o * a # a # ■ * . # a g o ■ a # . . ■ * o i a m # l r
Article # 1v" • 7 a # # # # # # * * a a # # . # • . a . a # * * # a # • # ■ # i * a # l i # # . a * . l a * . # l # a a 2
EXECUTION a l# . a ... * ■ ■ a # ##. . i #■ .■# *■ a ■ ## #.*.* *a s. i # # . l #li # 3
■*
M
_ 3
p S
I
I
I
i
F
`i
Agenda Item 8.g.
Page 8
k
�r
CONTRACT BETwEEx sArr Lars oBisro couNrY
FLOOD CONTROL AND WATER CpN3ERVAITON
D1S7RICT AND CTTY OF ARROYO GRANDE
FOR A WATER SUPPLY
This Coauzct ( the "Contract'), made this � day ofAugast, 2000, by and between
the Say Lms Obispo Cowry Flood Coatml aid Water Conservation District (the "District',
e snablished under and pursuant to Chapter 1294 of the 1 945 Stshrtes of the State of California (&
"State") �d the City of A�my+� Grande, a public agency or�i�e� � the laws of
the SUft ofCdfo* acting p 3 to the laws ofd �e tie" &- & - -
- ��"�� � tad
that certain contact for a water supply by sad between the Disftiat and &e Agency, did March 28,
966, as amended (the for Sly Canft w i* Mfim to t0 following
W NESSET :
the Duct ba hardore c
works ro,' (flw " Projecv L r **i
avaffi6 for tv the District; and
! the Mate now re the D to make ar�d
0---mventenu t o the Project for public rmomss, v&ich ( the
eat on " mgt be financed with the P O fte ob ` 'os otbe
District;
Agenda Item 8.g.
-- - _ Page 9
0
the and inhabitan within the jurisdiction of the Agency are
need of water provi by dw Project for beneficial uses; d
the District his provided wata 0 1 the Project to to City of Grover
Beach, the City of Pismo Beach, tle City of Arroyo Grande, the Oceano Community SCrvioes
ist aid Cody of Luis Obispo Service Area No. 12 ocefivy the Amy and
the Other Agajdes, as lba+einafW definmed) since 1966, to several vvacter sW1Y conftacts,
including the Prior Supply Comm ( the "Friar Supply C.owactsw). and t6r poroieg naw
wish to =end t he for Supply Conewm W" dw basic M-N-JawWre and
obli won%
WEMREAS, the District desires to wU to p b c water. NOW *man
includiny the Agency the Other # m the water Zvi by the Project terms and
editions w 1 , as for as with the ul timate ofthe wala, b
aid equitable t aU o dw WWiftm of dw D istrict; d
the Agcy desim t o comw with the District for a water to b e
for the use and befit of the lands aad iahabitaats served by the Ag�o�c�y aad fa whid� the Ageaey
win make p ymew to &e District qpw the tC m f� set forft and
the District &e Agency wish to pro v` for the of the
Sid Mfiouai i' j s j=dn , o *e ftMm
99S3o0.2
2
Agenda Item 8.g.
Page 10
maintcnaace of the Project is order to prewAve the water supply provided by the Project to the
obudaing the nooessary financing for the Seimi -c RAmediati
Impmmm aid Additional Projects as defimed mein) vOR aid the Duct in its
comm nitMde its f Mai .. a nco Ong a safe, heahW )1easau
ving ea ` and enoouragmg a strong viabia $
NOW, THE1tEFORE, IT IS HEREBY MUT[JALLY AGREED bydwputies hereto,
as follors:
Artid .. Wben used m" t� CoMact the foffiwdng i s shall have
act fob:
Addional Proiects mean is capita projects to be by the
District in addition to a ��ic c have t ed ofd
maintaining ' g the Safe field of the Project a ' p l Additional Project*' ; � . , the
WAV
of wear provided by the Project a wyM II A&BdotW Pto ec"); or my o&a .
i
1�Ject ammed t o by the Agency and ail of the Odw Agencies a wl P M Additional Pwj ct" .
mean mom& mod on I,
April I July 1 sad October 1 of each year.
"Calms. Yeah'' mean, the "cI -mMth pmiod from January 1 of a cal nda�r
yew t Da=ber 31 oft the s calendar year, both mal e.
s9s3oo.2
3
Agenda Item 8.g.
Page 11
cow �� t]e�� t the
Project, for pro men- to the Proj or e minent which � i e on the boobs
of the District..
"Q W-W " mean dwse reserves a tab a by the District for the
Scheduled ofthe Project or for cow OfUpgM& VwjM(1 1"
to be imposed by GownmenW Au&a* (w an" to al eme) in ordw Distict
to the ftoject for water fly established eitber on a yew400s
basis by the District in its ammml ofwch be prodcd to the
foIorin adoption, or b on a mifti- bates by the District ro the jewl
promur188fion to the of l ft- W i pro pin of the Districts
b MMM thaQt 'Type M Additional Pro wb mall be ReamvM
that the Di.�ct �l not any pordo of Capital for an U;K1M
Requirement until aid unless Rya bawmes a order of such
Govemmenal Authority, not erect appeal
sball mean those the Agency to the District
hereunder, as more pa tic lmly set forth in Article 14 her
■
" mean the Board of Supmvisors of the Comity of Line
Obispo, Cdffor
Acwunt" � the w o It � � the either with
the District or with a Depnitory, as provided in Article 18 hereof.
■
"fm= w- Pam' shah mean 25% o Debt mice, � in
cm with Article 14 bereo� for each Fucal Year.
595300.2
4
Agenda Item 8.g.
Page 12
n ^
Y J
" Debt. kmdW dwn � d (a) � � i W=M(ormandawry
Idng find or lease or similaz pay is due) with to all Ta x - Exempt
O bligations at the time ouftumding in a111:::VNdMCCwith their terms, provided that ca ital��ed merest
funded from the -4t O Tax-]Exmpt Obliptions nced not -be to
coss of mg the Tu- Lxempt DbWom inclixting the ami fear of any uusw or
PaY�B � �'cfor, and (c) the casts, if ate►, of aoaual credit eMhan�t for the Tax - Exempt
&'@'! ; !1:11 1
"L - rnean a finweW institution deA for R N 't
.. `on ofthe Covmp Account ofthe ! as ar dd when anointed m' acco with
Article IS hereof,
' sa1 mean the ofwvaroorto be distributed to t*e Ae�und�Cr
contract and t the 'ea uodier their Water Supply with UUaict, as
e tabi6ed In Article (B) hcmf of such other Water Shy
"Ei%ai Year'' smell mew du twelvo-month period July 1 of a Ca Yea to
June 30 ofthe ' fAming cedar Year, both dam inclusive,
mean those certain gaaionbons ofthe
Diwict, issued P Las u to adzaticm received from the voters of the Dr�ct at the election
i
c onducted on Much 7, 2 000, in an aggregate amount of not to ecceed ,�,�,
suppart�cd by a levy of ad valorem taxes t' &- the District
"GovMrnMM]W mean any Ste, fed eral or local gaveromenul
mab ` with a over the District or the Project, or any portion dmwf, an to
regula#e or control any aspect of its or their
59s300.z
;I
Agenda Item 8.g.
- -- - Page 13
*W O pp
usage, initially estabUshed under the tags of County Board solution
1. 2W0 , , adopted M Aprfl 4 2000
mean the safe yield Of6e Project, Usbed from
to time in accordance the prMns OfArticle 4 baw4 being 9,730 Meet ofwaw as
of t date Hof.
"fi2hadvW IM I -. n md the maintenance for the Project which
are d to ace less ann�, oftbe cost ofwrib is set
ad de in amml of the Distda in wtficipa o of s�
. � m om dxm dm-rovenmnv� more
candn
p icularly on Exhibit A Ito, to the 1965 Zone 3 Proje t reqWred by State mand
ne m � � the Proje t to to es ofd to the Dist rim e
A the der Agencies.
Surplus_ NAW shad rn C p V the water avaUab from the Project following
distribrtions of water deacn'bod in Article 4, {A}, (8) aad (G') hereof.
"Twc-ExcmW QW mom those certainoblipbow ammid, �
delivered by or on bebalfftbe District, 9 and evidming ' n I F r F S o otbe treof
in cama installm payumb to be rime by e District for tie acquisition of the Pzojet, v&=
ar
procds e to a used o naoce or reimburse the costs oftbe 0 % 'c Ree�o
ee
in an p ncip a oat f not to exceed the not amowA, following the appfi cathoma of
proceeds of We of the bli tiou ids, ro w to complete the 'c Remediation
to State mandate and the District's conmpe UVV. bid process, for suh
Im
"s3oos $
Agenda Item 8.g.
- - - Page 14
W
"Q-R=
59= as W the Agency, nxm the sqmew of the P r o jw
ed for and providing service directly W. the Agency, whit, as at the date lm= consists
of Units) A and B.
• " shy Mew the le aid necessarycurrmt
.. ��g project„ i cl ding District ' '
Of Tm �Nitable to Prdjea fusion, but a clWi]39 Cgital Rcswm Debt wee
au------- M e with � - a��g ' les Wpii a to .
AMAS of 6 0yerjam C .
"Qd megm spy other wasw-distnNging public he S tft,
whioh, baving the legal pw to do s cwcuta a waw My with the District
substamfia Wontial t C eve fCW unit .
'onate Shm other for the of WSW,
ineludip& as of the date hereof, the COUntY of San Luis CUSPO on behalf of Savice Area No, 12,
The qty Of Beach, OCCM C4UMUMity fees District, 'w City of Pimaao - a
MUM=- " shall mxsn &e Ag+cwy's aggregate awn'buted shs�e, by
v , o fir �i coo Vital ft any gj
vw
Wata Year for each respective Unit, as WU ared to aU of the for Operadon an►d
costs and i pho 1 Rzmwm. ate table to each m3ch Unit levied the
and
all Other 'es, and as ed for below:
Umt A
50*
U nit 50.55
unit C 0100
Unit D 0.00
5953
Agenda Item 8.g.
Page 15
Uni E 0.00
unit F 0.00
unfit 0 0,00
Unit H 0,00
.it l 0,00
u J 0.00
"hRigd" mean (A) tie 1 965 Zone 3 Pray 4 in Resolution No. 3 77
aid
Onbumoe No. 8 13 the August 7, l 965, ofte foil ears
i Lopez ` , (u) Lope 't S
(iii) A=oyo Grmmde* Conduit S3%=4 i Conduit ( v )
lam {vi) tawnfiW mservoir, ) aU VON= righftwof-vaw, ialiM,
valves, aid other �� for any of&eamcgome- and the
sne 'o �.
"ft929[d9= Sh W Mean the percpt of the total Enfifien3eM availabletD
the Agency, co - 8 - d to the of all Entidemcaft given to the Agency as d all Oth
Area hwnmder under all Water Supply Contacts in any gig Water Year, as ga
Article 4( hoof. •
"Rates and mean the ra#ea aid the
AgencY for the vlsio of� alw maces by its Water , or., if the in
have levied spechd taxes as described in Article 14(' )(b ) below, , such taxes.
"RosidieW adlmasW nom tl orded by action of
the County Board fim re tnu s 'coal uses of the Pr j=4 band on the
s9ssoos 7
Agenda Item 8.g.
-- r v -- Page 16
60TOtal CM= Eamcak shall mean all of the paymarts due from the Agency and
tic Odker Agencies to Article 14 hereof and the saw Article, of the other Water Suppl
h W=Lg W mem for any Simon Wader Year, amount
necessary to rovid� for (i a nd Costs, H Debt Savice; aid (fi
Resmves, as card by the pct in vdth Article 4 bavof and naked to the
Agency and the Other Agencie&
shad
mean tic ' 'ties which ooll ` up the ma t, delineated
as follaws;
l
Cowda f the .,op Dam and Re" ervoir, includ
a+ocew roads, .. and outer an of a
Tax Ob fip fiws , A M a B wf
1�C p t to Tai- bligation prior to � of t
CO *e 0 WWr Supply Cou fteca, M kgd f
aw
f ft �=L
( 2) " opt of the tambW reroir a and
As
b
t water pbw md ft Lop= D=
-C 41-Aftl S". - M �G ��� **e s e&O tw&&mDd
as that porol� of the condt d a RMNIM
outlet o to and inchiding a bffizcWon satutm low at tt inwr=dOn of ffie
M &way 1 0 1 aoth fvutage road Br Road
(3) "LWLC" shall msmist of tit portion of the Arroyo Grandzw
S coniw* of the - oondisit afl I the
bifi=afi M=Wm wbich is a part ofL nit B to dw I C IS C oftbe l
south fi 11 road and i I I Std in Omm City.
(4) j&k consist ofdw Anvp Qmwk4keaw Cooduft
Con&* " W be &ffiried as tit or on . tto
paw oft md all wru= ffic KC& of%eLW=D=nm
Con &* Mi ms to a coon to the at tic
interswdon of Lmcaftw Svc &wd'in Ano3m Q=&
(5) " consist of of the Arroyo GranderM
ondidt System d of the piper conduit a an frn the
S9S3fl02
9
Agenda Item 8.g.
Page 17
wvest end of nit C to the iutersoetion of the Eii t ay 10i south road with
Vista del Mar in SheU
( 6) h8 co st of that portion of the Arroyo Grandew
conduit System consisft of the �peliue conduit and aU the
west ofd ntt to the ofthe Sheep Bewh Roisd with El Portal Drive
in Pismo Bewl.
(7) JWJT onsist of that portkm of the Arr Avid
C ult System of the pip ine 't and au the
west of nit F W the ' 'on of Avila load (Sw ObiVo County Road
M, 3010 wfth Ontudo Road (San Lois Obispo C0=1Y Road No, 33094).
(8) "1bAH" consist of portion. of the Amroyo Grande4vila.
C4ndaft S� o of the pipeline commit and all the
west d of U nit G to the interse of First Street and Joan Street the
co munity of Avila Ekwl .
(9) "IUWX shU c onsist of
poffim
of the AUa
SyMm consisft of the •aid all awknu the
west of Unit H to the Fort Luis Harbor District Tank site,
( 10) "IlDiLsha consist of that prrtin of the Anoyo Cmn&mAvila
S ystCM ConSiSdng of the 6 20 49 and aU the
west and of Unit G to a stoWr p take site at an app ' of 260 feet
above sea level located at a port 1,300 ha wewftty ofte car line
offf4hway 101 and 1 , 500 feet soy of Av Drive (San Luis Obispo Couct
Road loo. 13015).
"Wc shall mom the war, ad to be UVMMI= b the
Agcy for sages of water to the public with its jurisdiction.
44 Y .. = mean the water supply cor�ts respccdag project
output, Mntmrm i o by the District and the Otter Agencies.
"Water Yeah' shall men the twelvemonth period from April 1 of a Year to
Much 31 of the �edidely fallowing ral Year, bath inclusive.
"Zgntr mesa the arcs ' * Zone 3 of die District.
s95oo2 10
Agenda Item 8.g.
T - Page 18 - - --
r
5
"Z 3 &h # SWMmg= ; # # catd �� ttee cornpr�d of
r pres�v�es ofthe Distric4tbeAgenqy and each of the Ott M int%d the Distric
the Ag=cy and the Odw Agenc tie to time sad at scheduled ' to advise
the �� on mattes o the ro,c, this one the Water Suppl Contwm.
Ad gfQ==, n& motive %t= the INStrict ---*
eecute %ft the AgeDW (b) Water SuVly C % iffi o
* tam in the t1cments for at least 4,530 amf et ofva the
X- Av j eci4 as set forth in Article B of aid ofsuch of r Water Supply ContraM and
the -district shad VA ads the A4=cy in write of the dfe t ve bawt This
sal r I MM
in e later i t date which (6) fob t
of ft dal QWfifi to of Pardcip ion - or 00 the date which is (3
em from the eftbcdve the tin of this Camtrm
antomadcally for additional period* of five years fim e
hereof, so long as the Agency not, by the which is 190 days poor to tie s cbedded
datc hemf &en hoc to the District to tw effect tit jtwisbestot=iwft
The Awmq undastands ads that cwh of dw Odw Agenc the li&W its
Water Sly Cautroa on sAirn i lar tesm if Other Agency so elect to terndnate its
Wow Snpply contract, the Enfitlemint a bps Of OffiffAgency s�I
1 apportion among the aad the Oar , based won a recab la ion
of Pmportionatit Share or Percentage Share based, wherc app�opri�a�e, as them scxess to and use of
Units, or as otherwise wumimouslY weed by the Agency (unless the Agency shall bave withdrawa�
ail 0 Otimm A4encies ft District.
M3M.2 11
Agenda Item 8.g.
- -- Page 19
The parties hereto unJornand and agree that the Project most be coww=ed in
acc ith State d #hat its costs tough a `time bid ess
applicable to public w ] s undmtakm by the County and its min im no set for a on or about
September 14, 2000 (the `Project Bids"' NoMiftmading the g the
A and Other Arm des colledvel , the "Padcl ..
� " � �� dkeir awal
ofthsir respectwe Water Supply Confta and declare it ca=ked ofab finther force or eftM
but only if, following the Countfs op ing of *e Project BidL% the lowest a a e bidder for the
.. work on the Project submits a Project Bid which, with thi other Project
Costs, would result in a total Project Cost in excess o f $30,000,000 ahirty MMon Donors). The
District covenwas aid agrees to provide ao ice, and in any event within 49 how of its
on of the w=mg Project Bid, to the Pwfic#wfing 4. 'e Of the thw�
esfimabd Project Costs. The Participating sha (20 &ys
the date OfZ=4dpt of such notice to their rights ofUmmimedon , ISURI P R
erc .se shah be y delivery ofwr not c ofsuch p Ag yWs ekedon t
the District atd to other Prti ` . The isict c d agrees got to award
c c on the �,� Bids � the fo day peiol bas
e*psed-
Arfi Validkfiam
Either the Duct, the Agcy or any Other Agency wary Me
diligently prosecutc to a decree In court ofc ju�i�ction a proceeding in
r other pro or a pion for the ju&cial 'on, c ` n
Of p foram `on ofthe District for the poi ofth At
the Project , or for the vWldafion of &e Iuftll PumhmAgmemmm bichisthebmis
for the Tax -E emp Obfigadons, or my of , or the proceodings of the gavem body of the
5953002 12
}
Agenda Item 8.g.
- -- ... Page 20 _-
Agmy leadim fto up to and including #fie rig offs and t validity o the pro vizons
tbawf and bc=f,
FX, I'M M 19 10 �-i I q t 8; 1 -- 4 (0) 1 1 11. rOV I 7M Z I � i
di=lWon of water the Proiect to ft Agcy, to tt Otba Agendes acrd far other
�u fin ti set for& below:
AVON =_2 4f,
PrOiOd meter is sect to cerWn releasee and m inimum - lay
which are not by *a Uw= baeof, {
la on (B) A , ta GIMMM �xbect the i� the pct �1 made le t
tl a Aemy in mater dear to &e =teat U90 u -fit o + � �. Th
w, i � to �eme tet�tl of � Md& t
Sa& Yi eld the tool of 4,530 acs -feet of Project waw which wiU be dist bused to the
the der Ag=cim es a lamed under Article � Hof and of their r� t� ma r sw:111�y
Conbmcts 'Flee 's E eme, t 035 Of the
am
aww&d uo+der all the Wow duly Conftwb inifth � tb� Such co
dw A enW s o to Shwe NowUnwnfM the met, the
Entitlements available under this C ontract sad under tie Water r S ly C4ntmcts may be re
f0owing - notice given to the fpm the D isuict doe to I ) Fun or l ong4um
restrictaion imposed upon the District caused b ( in l�-� logic
that reduce the Safe Yield ae4nnnO oos forte Project or H -yew coons;
r 2 or short -ftm limhadons l&ped Won i ability o to V�= l l r ttMM
o distribute water because offine 4 m; H UMUK 1 • ' • or wOW gu
wds
b�cb reduce the sak output of the Project at the tam.
M3002 1
Agenda Item 8.g.
_.. ... Page 21 - -�
J
(C) SHWILtH= Projectwe" after the disMIudon ofProject
water as described in parageapbs (A) aad {B1 above s�alI comprise "Surplus Water order.
Sunplw Water be sold in accoance with the pavons ofthi
(Z) Surplus Wstcr shall first be offered by the District to the Agency and the Other
A in ac their pordona a with a pn for such Surplus
Water to be bawd on the Operation and MAntenance Cost of the Dis
{ inured in deiv�ring the S Wow
1A .. - I I
tb+e agency or the Otber
x
A g wc ieL the any Offia Ag # # to ,
SxuphiLs Way from the District wxkw this it bob ' gaw to pay for
Suzpll s Wata whether o DOt n t by the
so long as such Surplus "mater was M' fact avaUable for the p i �n ion.
Nddw the Agwcy nay my ether Agency shaH n9eU Snrphis Wow at st y tie to third
parties, wit��ot the prior consent of all �
59530G2
(2) The nfticc mq offa to wn &hNw my Surplus waw not lea by *e
Agency or the Other Agencies her�m�a to arty other pmspectnre J; _1L without right
o in a and at prices which will return to the District tine net
■
revema badr W gVent at prices less than those a t which such Swifts Wow
is e d to Agency, unlen the Agency is fiMallowed another
p�uchase such surplus war at the lower prim and in each cage, a�m�io8 to recapt�e
the Cqxmzdon Mainkmance Cosl, the variable cow if any, a Debt hoc
attributable to the volume of Surplus Water actmly such #hlr+d pies, a t
the 1 9- price the then bear.
Agenda Item 8.g.
- Page 22
(3) Aff re enues dmived by the District 'o l the sale of Si nus Waa to the Agency,
any Other Agency or any turd party h be - flied as a credit to the
obl�o ofthe A and the the �� �� ofthe
A Other
(D J=1US NJ= Beizirming V ftthe 2000 Water Year Surplus Water
he the portion of the Safe Yid for rM9 '
water �, o s of
said previous Wea Year as &sm*b W below.
Surplus w,da be calcWawd for each watev Yew by sWxracf *e safe ��aa
ofth Project an amount equal to the � ofth Of 19yater released the
immediatel pry Wala Yew, Bch not cweed. 4,200 acre fixt unless legally reqWzed by
A xticle 4(A) he= he=4 the of EuddemeM wow delivered to tie Agency aid the Odw
A &e l Wadw Year, excluding down3trewn leases and EmMe neW
Wives occurred period of time that the District determined tit continuous
spivs► now was at lope �.
1w District notify the Agency of the total amount of Surp1m Water avg" for
the currcat Wea Year, and once so doclarcd by the District, said amrnmi sball not be chmged by
the District Withoutfirst obadning the COMMM o f the Agcy and a U Ckb A 'es.
Surplus 'mow pmvhLwd by the A mcy will be &&crcd to A =y in ft mama
provided for tie delivery ofits EEfitlemca and to the eft all ofsai water ad
by Agency is not so delivered by the end of the Water Year in uft"m them undefivered
amount shad revert to Dis ici snd be available t o Agency.
wak � r n tune to time the term of s CMUIM
M " occur a in of eject war le for &HN=y to tie A by the
"oQ
1
Agenda Item 8.g.
Page 23
D istrict � under i s Oo tr including, without ' on, for the reasons Articl
4(B). In evert, no Hab accrue the District or any of its officer's, or
empl for any Aamame , diro`t . .. from a
dortag on account of any rean
b the cool of the is L In any W ater Year d r which such � a
reduction as d sml d In saki Article 4(B), so the total quantity ofthe EnUman amble for
tie lis# c't to d� ute is less t o the total eat 1 1i in Article 4 B , following Mg of `
nom by the 1s ct as iovided in Article 4(B), tie * Oil Shm of&C d each
Other Ag=cy its Water Supply CwtFM sbaEl be applied to such reduced amount in
I * * ft volume of rojCd WBW to be deliver d t ft Agwcy Odw A g ew i min
such Water Year,
Fit q • 1��r � t •fie —� ~!fie ,�,11,— .I� • � �� #• fit, �� r, .,r I� a,., �.-iE s L,
acknowledges the District * to the Sn1c RempAnd
I Qv neat with due t h once; in order the c 4 `on ofthe Scismic R enied*sogm
Ian rove a S t Mi ds agrm tit the District wiU have to c tie *� .
and delivexy of the Taxmftempt ObHpdons on term conditionshVOMMO to the District, the
Age and the OrtherAgues, t be established the of sale ofthe Tax-Exempt Obliptions.
Ii Particular, the Agency covenants and ages that:
( A) The District shad contract for tie public was conprisn the seismi
Remediation I pro 1. einenbo'n m h tanLt as the District, in its sound my dwm
in the best of the District, the Agency and the Odw Agmdm bit only following
consideration by dw Zone 3 Advimy Committee of any such contracts in excess of &e min
standards f� cow of a similar type then mandated f{or formal approval by dk Cowrty Board (tie
5953
Agenda Item 8.g.
- — T - Page 24
"��Y Sftndwds'); no such- consideration shall be required as a
p con ition to any such action In to an it ni
(B) The D is tr ict may enoop but only ecep in ern in which case no
WMF "r F .
s� cons deraiIon . be nNuk d as a precon ,ition following by the Zone
Advisory Committee of any such in of Coup Stand contractors aid
OMSUIOts1v inch, WWMAI m1to WVjrO M - n Hate
r
(collectively, trift")s a nW be
o p t # i #� to L 9aU the Tax
•
bllptio , on =6 tes co ditto s as the Disuid
The Dishid ft Agmy LKNeby C ague 0 su& conuncts all
in place as of the effet a Of is COMM shall be noticed to consi icred by the
one 3 A.diso�ry and hahm than no such coideration be as
n precondition to any u action in respouse to ,
( C) 11w District may ma-- a - a and s� at either public or sale, or call
b c ecut d and delivered, the TmwE=mpt Obiiga oos at any firm follow the #� aote
haw& to provide for the EMB or re�xn to the list ct of the caft of &e Msmic.
Raediadon . ents, to establish azesez a food for the Tax. Obligations and to pay
the wM of iddivery ther
(D) M�e A will exec and p %Mde such ' oer caste aid
afire as uw be ne fq egswy in oar for the District to diver the 'Tax�Excmpt ObHgadons,
including, withow Et on, information for incus on in the disclose doommW far the Tax
bl gation and a continuingdisclosure agree�n tt p nit % with Rule 15c2
Sao.
I
Agenda Item 8.g.
Page 25 -. ...
r
of * Securities aid x # M r the AgenWs nand condition �
• o;
(E) Tic copes with the Dist cta d its onsnitmxts In corm =on
4
withtheolmm and constowtion ofth .�
dOL
and deHv y of &c Tax-oExempt ObfigsficmL
'& D istdct co and ads to we its bast t o co las the Seismic
Rgnofin by a data no June 3 2002.
is
AdidL2, Qjfi o a r. Aff water to be to the Agency t thin
Can#rad shall be delivered to the Agency at the intersection of the Wghway 101, South Frontap
Road and Brco Road in the City of
If the Agency desire at any time dum" of W dUnRC I
at tic it rives water fim the District Pir e or to install addiional poems of
-a d-
delivery it may do so if it fumishes all fronds neck to cover any District involved, or
if it lunderudws the Construct o h coDdWts and app c s at its. owe a;
pmovid d to of *e y 'o it fnst i Pict
approval of the plans and specifica4pns for such work. Upcm the receipt of a request for a chime
in or addition the place of delivery of water 1P ar�d tl deposit of funds as
sat fob in a *e District ba , if it clactod ito perform its own consbuction of
conduits d�ligo* procad to the saw.
AR water d to is be
by the District at cwh port of defivety es tabl4hed to Ardcle 7 hemof wM
slatiMetory to the District the . Said cl ' be in�l d, and
m Wnftimd by &c DistrieL All detami ons rcldva to the mmudng of ro ec water b
o. l
Agenda Item 8.g.
- ,- Page 26
I �
made by the District and, upon request of the Agesuy, the accut�y of snch mean t shall be
imaimftd by the District certified to the in writing. Any mw � M the cow RW
OR- - - -
of * L uves 'gation catifi ation be cam for an adjusbnent by the Dlsti t. The A
May any such mmmmng equipment for the pose of .. ffic accuracy themf, a
its own a at reasonable tin= upon re s onable notice. 11e District will ; o cm to be
iwt;0 4 backfl w 1 devices In connection with such to yweven
project waW delivered W the Agaxy OM the Odia Agondes to t1e " s lines.
►10 #! - .�_ �.. 6
O fPfOjCd Water W the Agency during any "mater Year be in accardame with a water & vay
scbedW dekonined in the f0 owing mamiw.
( A) On or bef a October l of amender Year, the mibmit. in
. d to the District apreU mbalY wow delivery ----M*edtDthC rovina- of Article
Article . lndi� the annount Of waW dos ed by the ding � mouth of the
sucxxediag three (3) Water Yaws.
(B) Upon of a imfirnmary &e District review it and after
conmdu with the cations it as are necessary to tit the
mounts, times ram of deli to the Agency will be conistent with the available fly of
at r the ojec , conAktin the delivery l Other Agemies., On or
UCLUIV January 1 of Carr Year, ft District aOd fush to the
ter delivery schedule for the nut sumeeding W a r Year, whiff sal show the amounts oft
to be delivered to Age y during mouth of WzW Year,
( C) AwaterdeUvery Abe btie District upon the A
writes reque t, subject to i *e stanm descn'bed in Article emfand (H) tbepre*
SM 00.2 19
4
Agenda Item 8.g.
= Page 27 -�
. ents ofthe District under the water delivery wed I-pa the Other Agenc for
the SMC Period oftilm. tv SUCh Ca be s by tie Agcy
within a somble time prior to t the l to �� �v� , and they I
b e mbjwt to review nodification by the District in the s ame nomer as &c pcefi water
desmibed in q 1 1 ph (B) above.
aff
(D) In no event the District be ob # to Oct water to the
A at a on n n ELOM offlow 31930 cubic fed 10
ibe
Agj* RMUM Naw fQL U&M ind DiSMINCHM Rf W=
pmed the deilyery points eS- tamisl ed in ac cordmee Frith Article
7 z1borm - the ; nor � o �, a Cr r a to m � be liable for the �L
h ind] use, di o� d�ibx o+ in the �r
lied to the or for of any � , ` but na lkmhed
� ��
t guy or death, out ' out ofor connected with the cool,
� ' dis#ributio or oo t1 o � said qW
Mivay points, aid the AS=y smell defend, ' and bold mew the District its
officcrs, agents and emPloyees any damages or claims of damuagc.
7
hereto c � the goal oft a be o M 'rni
Of Project water, mAject to Safe Yield cost c 0 , as to Bch the District sh&U be
- • �1 - 1I1,# `1 1 s `J11 X11
( A) District covenants a itwili WPM the Project, a s
the � � i ro 1 with ill # hM%
y9M,2 20
s
Agenda Item 8.g. r
- - -�
Page 28 -- -�
honing, sanitary', pollution, en 6, �o � ��► � w and such roles and
'� as r� be binding upon & limi t. The District coverts and
that it wM tie Project � &U , conduits, r i Imp— - - of any end in or that sha be plaoed to any buiWing or Ure or
made a part of any or C ent now or hereafta a any constiftifing part the Project
ire good order and condition, and that It will d= to time'* an+d test all
Prot facitie then water supply * to or reoommend
Rk
a renewals j
11 80032001S Mprove man tham.
all and
In (B)
order to Satisfy itS COVOMtS set for '1 in Article, the Di stfict
prior W wader YCUr. the an' OU t of CMDhOl Reser m wevo ry for the Project for
the WSW Year, its dmft ami&I budgat by no IaW I to
such Capital Resaws provide copics ofCach such to the Zone 3 Advisory Committee
the Agcy sn+d the Other Ages for review and c prior to its to
wisidemdon by the Board of Sup ofthe COWIYp and mil, V6=ed necessayoradviiable,
develop to the Agency the Odier Agencies a multi -yr # plan for
the Project, r the w-w-u for
( C) At any t=, or from tine to time, % t M the consent of the or a"
� Agency, the sbict al�all be stied to the c 'on r any
Additional Project r other ipro is r o the Proet not ' -ang a Type
Additional Project, but only if i it determine such Additional Project, ipro or
are necessary in order to LeM the Project at the le gels the vv r
supply at the rMeuir�ed and the oar vatr Supply • or (H
MFW Governmental Authority shall direct such Additional Projects, CM or ;
M 21
Agenda Item 8.g.
._... -- - - - - -- . -- Page 29 . -..�,.
M �dw that. before an Additional Project other tbsn a Type M Additional Pro, ec , irt�pro exu nt
or may be ozdcred pursupt to diwtion Authority, the District,
the Agency end the Other Agencies shad be afforded notice tbereof and the to oppose
the in�po� n of such requa ism ent. before a court ofcompetent' . won; only ifa j ud4ment
is ar M in favor of sum A dditional roject, is p o vemeaft or or if no such
opposition M an Additioval Project other a Type M Additional Projwt,
imp�ov or repairs be consttvctied or made pursuant to this clauu�oe (a), F�egen�cy repo�irs to
the Project m notwftbftmft &e- a". be made by the Dis ct %. &e 6 of
n otice and oppart �ty %Ewa" herd= It is the ink e o f the parries Ito that the
District s�I, s sari when necessary, be t assign its ri* is to ' 'on to the
catiOil ofmw obligations by a GavammcaW Auffiodty ito the A4=cy sm&cw the Offer i
A as ft ft ' =y , in of tie stuns oft a and the O +er
Agencies third es as party �ciaries hereof =1 -- t - A -1- s in ' No rlgt Of t
0 A r ft O� tons r by law or i n equfty 1 1. 11
the co 'on, mmin ma- aawe option oftbe Project be abrogated by ffie AS=q or such
O der Agencies by its or ter eecudon of Contract or the otr Water Supply
•
(D) For its pert, the Agdtcy covmsnts and agrees:
. (1) not to sell, lease or othGrwisc disposa of its Water or 'my pert thereof
es to the , 'on tbereofor to eol ec ion oft grass moues ofdw
Water F.nt«pci�, nar to ear inw my agc+ec�mcnt or lease which would impair the operation of *e
Water" or any part thaeaf aec essary its order to semm adoqusLe t+evenaes far the payment
ofa nounts due under is Cxaftwt;Provi&4 h owever, any real orpe � property wMch 1�as
becme mfunctiomal or obsolete or wMch is not nead d for the efficcie n of the water
3oa.
Agenda Item 8.g.
g t
Page 30 .._�
"OD
�torp sC may be sold or d ispowd of if such disposition will not haw the eft of reducing
re SAW" othe Water rise below the levels reqWnd mWer this Comm;
(2) o and pr+cs�e the Water good r w* aid worming order at
a tllS, the same in an effic ient atd ec ono mi cal Mammer pay all and
costs of the W t r as they beeme
(3) not later the first day of each Fiscal Year, to adopt available to the
Disaict a budget approved by its vaning board sattiag forth tie amours bu bed to be paid
i
trod er this CwMact
(4) to comply wrth, keep, observe an cmMts, oMdiEiMs, covmmts
and tes r iplled, r+euircd to be by it contained in all COMUBC tS the ua
of the Way and all offer oo a� ti g or involving the WaW EnuspiaetD the
extent that the is � .
(5) not to create or allow any lien on or paymeat fiom the revenues of the Watier
R " any past tbereofprior t or sups or to its obligation to pay pa ble u�r this
to and 3 such innutwe relatiny to tie WxWlpnt vM
it deem advisable or neoessary to its w afford In on
in amounts a s such risks as are usually covered in cumuct with si milar water
cut Cs in ] Mate of�alifo r vue tbadt the Agency n t be d to pr ur or
. y such ' unless such ' is le at reasonable cos4
��,, y � . be undera self' program 9D Ion g
as such selfminsuranm proms is mainuhmd in aomffdawe wfth M SU& MMOUM as
are � wally w in t] f �%
5433002
23
Agenda Item 8.g.
T - Page 31
('n to pay � �C all texts, &"essmems and others govarnmrmal chargcs
which may hez=fka be lawfully imposed upon the Water Entmpriw or any part thereof when the
see e doe; duly owe d eonfor vwlth aU valid 'ons and ofany
S uVrAuLlino" rela e t the operat�on ofthe war , *wt am not being co ntested
m ' good
(s) if all or any material pact of the weber be taken by emirremt
k
domain ngs-, or ifthe y i �ooe is tin � a �ly loss
to Matmial Wit on o t e Wal ff EWvVLvo, the p woeeds thereof be to conswid or
i to rcpt for the o0 or oo posts of *c WaW Entermin or t
pr�cpay the Agmcy share of Debt Service tder th�s Casa
AM QM All water &livered to the Agency un► r this CbMINA
MWt all Stft of is Obispo Conaty .. V fog Wider
for do
use#
Ilk-
District may ' y disoDnfim or rode the, a i nit of vrater to be W 10 th
for # # # � m ��� �e d� or in e� � oft i •
purpows f
for the fumiAft ofProjet water to the Agey hemmder. Insofar as ft is fbes"ble, the
District ill the a notice, of d�
of any such ►o or eduion,
xce;4 in tbe cm of in v&& cast no a&=ce notice need be given. In the event ofsd&
dis o�nnaa a or reducdon, to D istdct wM apply its best CffDft W M . the duration and
Lei of ervioe ' 'on snd �, a ny as poss#ble, le to the
A Proi e t v a er sBE e�eot W up for any short all in ddiver of waW to the AgencY
�g the period of curudImenL
s9s3oos
Agenda Item 8.g.
Page 32
cle J Rate Wd UdW of C with t o Water Year d r ng
which P ro j eo water is madt available to the Agmcy the Agency pay W the District
in adva= and on a basis, its caked and paid with
tie AWTUMM Fffilymons of this Article, for the P roiept water available ceder this Conusa for
s uch Wa W Y car p pins a variable to be determined as set forth i tlds
Article, to be calaated -on a basis aid paid M off P Mrs
(A) Allocation of Total Project Costs and Debt Service. On or April 1 of
each a ar Yew, do Di 'ict maculate, or s to be cal Total rwo, ec Est �t�
Fiscal Year em ng are the immediaW Mowing July I The District d6duct the
calmbftd Total rOect C#s fDr Fiscal Year, i tie
NMI" Q� to be
received by to District e Fiscal Year i uesdon; providedtl spt any a �� tomes levied
and paid to =vice vice ors the District's li ian Bandy at any tine
shall be restricted to use for o debt sernee on such Geneml Obflgxtkm Bonds and �l
t
not be included in the deducted amount ae by the 0 8 clause; (2) a sum equal to
Recreeflonal Us revenues ec ved by the District during the n*cal Year about to be concluded.
Ti a wit can pciae the Total duc, oo ectinly, the Agency heremKier
aid fro the O ther Agenc =der t elr respft%ve Watt Supply Contrwts
In dewm ining the Debt ice portion ofTotal Project Casts ag any FisW Year to be
ftr
supported by the Agency,, the District make ft following ons
[(G.O., Debt Sere ) + anqtalliment Debt Service)] w (District mu s ) = A110CILble
Debt Savioe ("ADS")
• [(Proportionate Share) x ADS] = Annual Agency Obliptions C
• AA - ( G. O. Tax C oUwfions) -" Agency Debt i en i e
"S300 25
Agenda Item 8.g.
Page 33 -�
0
For purposes ofthe abo coons, the term ". 0. Debt service" above mcfs to the debt
Bonds; the t "tart �r'r'ce #' refers t the
s�►� o the MOW �
• nth c '
M Ihnew
t to the T � liti lam "r'w�
" P share bereun r, the term "Disvi ewmw`" refers 1
Share refers to &e
• Diet tl swe of this h ( A) of Article
W tie o� le o the
11 ax C nr re to amours collected t the 14, aid � term �. . Geneml
• es o f dig tl Fisch Yea �� based
Ob�o the
howe tart i the case of SeMc Area No. 12, arch
on &=Kwma . lees role � ,
�� tbaat aca� Av Bch qty acs
aries. � be I Named to �
Duct, a well a the area
" C mice Aga No. 12. In no event AgencY
• be less t� eer+o. �► fo�r+egog cal�oos smell be
Debt mac, cal above
ed by tic. D�c
• Fiscal Year be made le to the Agcy with a
t o each Other MencY as WC
No more- �
tom► , th Ditict shall retain wed public i
w ith the � o tl � *Nc be
a=1MtW4 or themt co Debt mice rtswdig � h+
�ble for r��g � .
• tie same to the Agencyq the District and each Other Agency.
fareoIlly calculia rqwtin
( B ) AgeytL7, C ontract . U nlew the with
e o a o � the be obhgwzd to pay the
� below, be � -
Duct:
s9s30oz 26
Agenda. Item 8.g.
- Page 34 �
o n or before July l and the immedieftly following January i of each
FiwA Year, a sum equal to one -half of its P�oeniage Sparc of charges for Operation and
Maimtenance Reserves for u Fiscal Year,
(2) on or before July 1 of each Fiscal Yew, a sum equal to Agency Debt
Services as calmilfted der p�agi8ph (A) above; and
(3) on or before the SRxntb day following the end of each Cslcadar
Quallff Ong Y r, tie v fable calculated in a with # (D) below
for the Ca1Ga�ar Quarter ceding the Est day of the Calendar Quartw most receflotiy cancivded.
(C) agency Cr'rdft agahist Contract Payment: The following ah�11 conatimte
c wt the oblige on ofthe Agency to PR 'to dw X strict:
( 1) If, prior t the d upon which the District cumes the Tax-
bligabons to be sold, the in a sour as and for its
' orate Share d thC tDW Of cost eacpnses p ojecd by the District as tie
for t 'on Project, r any portion f �s Prop W, so tlt
pdncipal of the Tax-Exempt Obligations rWW is ed by AgenWs
portione Share of Debt Service, and therefole4 of Total project Costs be redid
■
(b) If the Agency following the date of delivery of the Taac-
Exec obligations, y . on to fend alI o
a portion of DcU Service during the te of the Tax-Exempt ObUpfim tutum U ` the levy of aid
valorem property taxes, o r special taxes, then the - be entitled to a
aredit Om -amok paid under mch levy as wkmnts w= paid day by the Agency
s ubject to t ► per or appro vau of each rig thm Ming ft Tax- Exempt
5 95M. 7
Agenda Item 8.g.
" -- Page 35
Obligations any bond ' then providing ' msurame therefor; that the
District sal be made a rd . beneficiary of any pledge of sock al source of revemm,
with the poor capon 1�er�e f, n tie t� s o * %1A
",%& to do so; and
(c) The Agency shall be entitled to a credit equal to a Percentage
Share of the net revenues tie District have received tie sale of Su ius Water and fion
the delivery of any waiter wheeled for Whaling Customers, as d in aad pmstnnt to the
..� Article 1, dung the Final Year in umdon; n tie such
Flu
the o sat - o� oft the , tie Dist ct �1 apportion its net
revenues fx n the sources, � into account the particu Unit Units which qW
deliver of SIMPIUS WaW or wbeeled was co ftA
Share for such uni o r Units with the o er+antage Sire for all Odw Agencies and the
Agency for Ubit or Units.
( 2 ) On or before Deombe l ofmhyear, the District ddWer to the
Agency a i I P ment as to tie aMW Operation and Gimumme costa and q 'i 1-1, Reserve ChWVS
cunvd or imposed the FL%W Year most conchXded, and I set forth in such
statement its `on as W whetha the fore pad by the Agmicy as its
Fercentap Share of c for OPMdon and MgUftmM costs d for Capi
Rcswm ere in e xcess ofor less than it p She ofs� costs and far the F�
Year most concluded. fthe Agewy shall ha"paid less tin ibPezvenmpftmof �
Opaa fion and b bintenance Costs and for esees such F iscal Year, the A
shah remit the to the DL within (180) days of the upon which it such
ff Agency shall have paid ire than its Sbwe of such costs and
5 "3W 2 29
Agenda Item 8.g.
Page 36
Y
for snobs Y #hC DiStdct Mbalg the di to the AgCnCy promptly following its
delivery of dw cos�ng
VAMP
t, and, in any event, thin th�rty (30) d"s thmemfler.
(1)) Quarterly Variable Charges- The sum of quarterly variable charges to the
Ag enc y the O� Agencies shall be an which i to sufficient t co�npFoamatc
the District for al Project during the 've Calendar
. The variable shad be detamined for each Calendar Qtnner w Wch Project
water is made available to the Agency under Contract by l dividing tie dot's acuW cost
O during tit Caleb Q�ter bar t � �& offticdect war &Hv d b
the Dlsict duri a Calendar Quwter to the Agency all Other Agencies t o this
Contrad and the odw Wat r Supply Ctmtacts, (2) IMM" Fing ago -foot by the
number ofame-feet ofProject water delivered by the District to the Age d u such Calms
Q uart= . The District notify the Agency In .. of such vadable by a dam no mar
than the fiftmth day following the end of each der dar Quarta, for the variable
mtt to tle - mar QUIWW most recently concluded,
(E) Use byDistrfctaf !'otclContractPayments Duria$the oftbisContact
and of t ac
he other Wow Supply Co t , the District proc d with to collect
ent s and � due, and shall l sou coif in the following order
Total OontEact ayin �
of priority:
(l) to the payment of Operation and Maitaegancx Costs;
(2) to the pary►ment of Debt Service with respect to the Tax Exmapt
Obligations; and
(3) to the replems a� ding of Capital Reserves for the Projoct,
m +v r w= with the pr�aviaion set forth in Article 10 Hof.
5"3 W.2 2
_ Agenda Item 8.g. _
Page 37
- 6 . i ' -,1 I 1 t 4 V[71 i� it!i 1 ` 1 I, 6 :1 1• 1
which Proj o: t fir is provided u�1d on ract, the Agency �� pay all �nl iu s due ,
eluding, w thouat l under Arficle 14 hereof, vdthout reducfion or oft of any mod,
whaffier or not the Project or any part t Creof d= its Semce LS
d vAth, or curWled or In whole or" past, doe to any oft
reasons o in Articlm 4(B), 5 and 13 or oflumise, an d soh payments not be
co�itional upon the performance or. onpCr6osMana by any party for any cwae whatsoever,
including the Offiff Agenci non meran o n 0fdoproject slate
be apportioned 69 Agemy arad the Other Agacies in arc with
their P
Sl�res.
The 's &Uwe or to accept delivery of Project vier to which it is
entitled � in way relieve t� Agency o its ob�on to naments
to the Pistrict as provided for hamiz
� • '{ yF: #411 -+1 = #i # : 1 • 1 ;�[ • 4
unless it s�al� have pad cash as its share of the Total Project Costs, as provided in Article 14(G}{ 1)
bemf, bm y pledges grm water sa a re == oft ala to its obligalim ceder t�
.
Contract, and co aid agreas to establish, fix collect Rates Cbwges the
Of its � at levels sufficient to prodwe revenues the Water ria
—M e- I _S1 P hu (B) the
a t least equal to A the cosh of ' ' the Water
A Contract P 4999 calculated in wconlaame with Article lam) hc=4 including C the
A 's Prvportionaft Share ofd ebt Smim plus the Covemp Pact r for the Debt Svlc
port ion ofthe AgenW s Contract P ; providecL however, &c prov ion ofArticle 2l C
eroof may rose upon the a long the a any Pam P at dkhWt
Ds3ao.2
30
Agenda Item 8.g.
Page 38
by the Agency. The Agency wJ=wk d es aps *a. its obllptions hevmmder comprise,
for aco an aint des its Water Enwnnise.
cle JL (A) The following stall consdterte events of default
(1) The Agency fidl to timel pam ofeuamounts
d &M the Agency under the trams of s oft; or
(Z) The Agency shall fail W esta blish or collect, or cause to be oolltcted,
all fees, and � sums necessary to ewe to a e the required hevmmder a
6
provided in Article 16 lbem, aid, follower thirty 3 days' written Hance the District to the
, to �1 faure to t]e #� of &e or
(3) Thy Agency sbal! fait to perform air other obli�tion or cavem►t
bacunder sbl to reedy such f�ilwe to the sfiction of the Dlsftict witYm thirty (3
days fo amain the 's �eipt of wr �n notio the District, or for such additi�l time
as is iy in the sole dis don of the District, the sane; or
(4) The Aigancy sal file any petition r' l inromprii--
any act or acts, Mate or f vi r to the sibject of or i olveCy MW
cc t der y to act or arts, ciffi a ss a beWwupt cw as an imlvent or Ls a deter or"
in aa similar amity, or Eby the Agency seeks orgays to be adjud -li a
r is to be �- any r a of its debts or obli�, or offers on of its
ob�ons for the bit of cretars, or for O ' reef.
(g) Upon oc�ncrenoo of �n erueat of defaou#t }�+amd�r, the District sLsll be
hied t to prec and enforce tie rioft veftd in the Duct by by
judicial as the District may deem most c u e, either in equity or laver.
595300.2
1
Agenda Item 8.g.
Page 39
without li t e ' of the mW* the Distda be entifled to pumue any of the
fig r+dies
(1) lie District may suspend the deLlivery of wader hermdw dicing the
pczl d when the Asemy is deffixpmt in iu for Or other obllgafions t the District
i1rom 12 bit Only ollowWg n dce t the the position of �� foll0 viug a
fOtmel iag vonducted by the COUntp BOSTd;
(2) lbeD;strictmaycoaspeltbeAge icy ,oritsgo�►exni�ngboar+�,byacdon
or �t in equity to a+ev un o the Dis d t a - the of n ft%IW,
( 3) The District may by action or suit in equity to enjoin any �
or things which may be r in viol on ofthe rigs of &e District sari
( 4) ne Di of may proceed in mmukmw or other suit, action or
procxeding at law or in equity to ea�oroe its ri8hts a�iasE the ABe�GY (nd its board, officr�rs, fiats
and plc Ces ) sari to 1 I& Age y to perform and cany oust ft du 6m a0d obftsflons un&w
the law ift COVMR= obligi as set forth hweim
The use by eiffier party to this Contract of aoa7+ remedy► specif ed heroin for the
MfOroe � Of tbi Comet i not a cis +e not the party using soh remedy 0�
0
o r li the a d o o f any other remedy provide hmmia or by law or equity.
(C) Upon each charge to be paid by the Agency to the District pursusat to this
"A after t& sme
rug at an annini na equd to the by the Comity TreanaWs -invesftnent fund Ls pmvWd
M Ode Swtion 16480 of seq. calculated Monthly n the of soh de ffi q uma 11
p y�nen from said aft the due when the Mm p6d4 and the J%4Mcy
agr� t0 pay such roue st; pmvi&dc *9 no be to or be paid by the Ag=y
s9s3ooa
3
Agenda Item 8.g.
Page 40
unless such el*uency continues for more thau thQtyr (30) days. The Agency hec+ebJ+ agrees to PAY
such interpst to the D istrict w he&er o r not the District pursue any of the r emledie s specifi
m this Article. In n event � deft � aterest be
Q If ft Agwcy for any reason shall fail or refuse to establish or levy taxes or
and s�ci� # the of Article 1 hereof; or ifthe
be pr+�nded fim estabUshing rates at the levels reqWzed in said Article 16, the
notify the District of uch fiwL, in estabWh either a with
t he District; or (b) with-a Deposiuny de-d*=wftd by the Agency to the District in — "
Account, into which the deposit, the first lawfully available funds therefor, an
amad equal to one year's Covetage Facto for the Debt Savice
Pa hemnmder, The Cov=V Account be in mod in acc with Ica e
prov ofthe rjovc=nmw Code, subject to y limita6ous established 1 4 9
ofthe Code of 986, as le to su pus ofthe and
sha11
be and # available to the Agency and to tie District as a sou me of funds to y
hart�l in the p a y ment of Agency Contract Payments cunder. 11c Cover e be
■
pledged to the District for the purposes described tk Agency wv=xnft and agrees to
execute insmmews as may he necessmy m order to effi=t a pledge of on deposit in
the Cerage Aeont, iroiiiedln well to fo the ad of -- -a-
MPG%;
c ua wl to the District in connwfion with the pledge and invesanent of the Coverage A w=4 as
may be or advisable in order to maintain the tax sus of the TaxmExempt OMptions.
If at any tine following the ester ' of , the
A an be able t and cect rtes end as lrce 16 heoof,
535300.E
Agenda Item 8.g. _
Page 41
Coverage Account may be rele to the credit and name ofte Agcy for any lam pmpm
thereof upon delivery to the District ofevidence the District that (i) the A
succ levied rtes and for its mater at the levels for at lot one
fl Fiscal or Water Year .since the Cxwerage Account was fit and d the Agency is then
on ali payments duC under the District eithei redeause the
Covera Account to the Agewy or. dbut tie D epodtory o do s free fin the lien described
Contract shsil riot be sold or o&wwiw
. ---- -* -o f by%eA#mcy for= OUW&.&ebDundkies of
Zone 3 as t1 y may now or odst, % ithow the for consent ofthe D soict.
w i& maps showing the lets of the A40mcy and the ser a area or ams of its water
•
dim t�on
SYSECM T#aou out the feria of this :on acct the Agency %0
FA
y not�fy the
District of a " mss, e�ther by i�din or e�leon, in said * . its area or
areas. The Amy no action t exclude any the or its �� am or
areas without the prior written consent of the District.
riTt"i'M W WiN - r.�v& T741-1 74 li F�f
WIN
andLdmhvm== (A) Except as provided in pera�ph {B) of this Article, *e Agancy aad the
Other Agencies be solely 'bie liable for k Wrformsece under this Contract or under
the other Water Supply Conuacts, as applicable. Their obligations to the District to nuke
under this CmbW and the offer Watear supply Contracts arc expressly b the Duct
as ,and not ioint„ and no &IMt on the pert of one of the Sher Agendes , in and of
itself, cue an event of k The Covorage Account of the Agcy, if any I
595300,E 3
Agenda Item 8.g.
-- - Page 42 �'
established hereunder, shall not be available for any shortfall is payments ender say of the other
Water Supply COMUCt,% unl ofiffwise dhected or uppmved in writing by tht
(B) In the event that the Agency or any Other Agency {each. $ "Delinquent
Agau�+'� s�sll fail to pay its Contract Payments hereunder or under de Uther Agmcy °s water
SuPPlY ���• gm ePProP��• far any reason, then the Contract Payments for each non.
deinquent aSmcY (ew3i, a "Non-Delinquent Agency") d= P nB in the Project �halE be
increased
for the particular Water Yearbyanamount equal to the sumofConiract Paymmts not paid
in fall by ient Agencies (collecthmly, dw "ShMM'): Pfd however. that Non-
)e uentAgencies contribute to the S a by divOn dl ' ' the Dot
Service portion of the Contract Payments attributable to each partiailar Non�Drfsuiteag Agency by
the Debt Servicx portion s of the Contract Payments at�nlbutabla to all Non Defaulting
gecle; and d,�, tot the no event ll be this IN
to contribwe to the 11 by an amount in any Water Year a ce d g the c cunt wbich is 20%
of the portion of the AMWs Contract Payments rept no Debt ice for tbaat Water Year.
(C) If payments acs made by Non- IkliQqueat Agencies vnd�r the fos_uing
(B) 11 1 a ' any Waw Yew, ft District sue, ' in ing on ft first upon which
payments arc deg from a DefinqueM Agency and not paid in ammlance with its Water Supply
Cornract (each, a "Due Dwd), declace .a default as to such Delinquent ABeacY wider its WaW
Supply C.on ac and be armed to cu ail all deliveries of Projed water uud r such Wow
Supply Conft= to swh Delinquent Agency; .
shad ncMe&CIe s to be oblig ed vmder its Wow Supply Cw&w for amours paid on its
beh&by the No t A gencim until it reimbursed eachNo �.
Amounts advanced by the Non-Delinquent Agencies bereunder we immediately der and payable
30 3
Agenda Item 8.g.
-- y�� - Page 43
by the respo=ble IMinq Agency, a +d, if not so paid, and notwift=ding the provisions of
Ardcle 1 7(C), Incur interest on the unpaid po on untH paid M" a a rate per Ual to the
average rate for the County Treasury Pool, plus two percent (2.O%) per annum, for the month for
which the County Treasiuy Pool rate was most racmdy calculated, bayed on a 360 -day year oftwrive
3 Omi* In o s ; rMiFIC14 how, that payments to be made as V. under this
p�rdgraph {G� are d+cGmed aad imderscood to be subo�dinste m the obligations of tie Deliaqucnt
'e to pay &cr Propordowk Shares of Dek ice.
(D) Show in Tom lea be needled under this Article
prio to the Districts maidmg any widdrawal from the debt servke reserve fuudes ab ' ormider
the serve bond for the Tax O bl i pfim% if an y, dmwinp on r umder which
shall be delayed untH unless ' 'mot moneys we available from Non- Defimlfipg 'es
(E) 17he pct co and agrees to enforce the pro vio --of this water
Supply with dime, iud� without limitation, the ` `oos of tis Section four
tie benefit of the owners, fim time to time, of the c -ct Obligad
Adds=, CaaWwftMjkUWh= atec Supply CoWwu cu=ded by the District with
the Od= Agencies shall be substantially warm with aspect bask tares and onditions, when
con w ith i s wont a t, but prcmide for A ` dam, q es ofd to be &Hvem d,
water delivery po w propordo� �� and Pace age Shares aid patent mounts.
Ad& 23, Ammft= T CoMad be =bject Won at any fim
by u�l eot othe pies hezvto, except sofar as any ed are in y
ay cow to applicable la, or would have a m erect upon the ofd of
the Tax- Exempt Obligations. As a condition to = a mendment to thus Conttactor to the other
5953 M.2 3
Agenda Item 8.g.
_ . �. Page 44
Water Supply the District have received written confirmation from the rating
r g e # ovid ,ng a rating for the Tax -Exempt pt bl�ons, to the effect the
not ahwaly affe t.the mfmg oftbe Tax -Exempt O bligafions and, In the
event tit the TaxwExempt Obligations, or any on tbcamof, be covered by municipal bond
nsurance tie District have received prior Ott n consew to sal ed am ents �
the provide' of mmh bond may b upon the following cond i t ions:
..:
(A) to C ant= or other wsqngycowhich have
the effect of or any der A Prop -abate ofproet wa#er or
bare ofTotal Con�t Payments with water by or t �
either (i) the Agency or some Ckber Agency or (H) a new customer be subject to the applovai
only of those entities whose ^na Shares or Pacentap Sham will be affected and the
(B) - upon the written west ofthe Agcy or any Other Aeency, the District may
order the comsunwfion or ecipping ofany'Type IQ Additional x�� tit the
rapa;tin A or Comer Amy demonsmae to the imfisftwHon of the Diet
either i) the pWosed Type M AddWonal Projed w l bewonom ically fbasible with the
i
support of only die X4 8 ASency and/or Other Agencies who volumwily patt�cip�te {whosz
Peraatage S�+es will tb be apPtuP Y ad1 ); or Cu) te and all of the Other
Agencies wM consent to the ftWing of the 'Type M Additional project and viii agree to
Total Project Costs sudently to provide for the costs tweof. The financing of a Type
Additional Project may be ac=nplishecl through the levy of additional Capital Rewma the
issuance of additional bons or other evidences of indebu&ess or odwwwise. The tinwanddng o
5"3 37
Agenda Item 8.g.
Page 45
s
Type or Type II ' ; nd rojem �� not the consent of the Agency or any der
Agency nor the t of Contract.
(C) Amendments to this Cornract end to the other Wader Supply Contracts other
t� those specified above sal be approved only upon tk prior consent of
the Duct, the Agency and .all Otber Agencies,
&b i= QM=i=, A the teems oft his Contact provWe for action to be based
� �on * approval, review r - 'on either ps y hmft, mi ch terms are
in to aid never be coed to permit such apron, j iMMM ajqxwval review of
in
'ors to be miry, capricious or umvwanable. The Disftict and the Agency sal
suet in good faith in perf their respective obW(m as set forth in CoTtrWt.
( B) The Zone 3 Advisory Comndtft, amftd by of designsted
'ves ode bythe Age, each m Agency ad the District, is co� for the
PMPCW of advising tie Duct .. ,� and '� concerns the
ro,ect. Tie D istrict covenaft and agrees to p� to the '�, at its
r+rrly scheduled or specially cued nwedngs, the following items for advice and conm= in
•
each case, prior to final tat on of the some item to the Board of Supwvism of the oty:
Sri) the Approval of n vital X which has not
VFW fore been' c bided in an aonud budget ofdw District; it bed M 4 P r m d as d
agroed that
rip 11 repairs and imptvve�ts shall be exempt from any
` re q u w=wt for preview established hereby;
5953002
Agenda Item 8.g.
Page 46
J
( ii i) the znidy+ear rev ofactal oa,1 oftb Prof ect, provided
for ffic then Fiscal Fear, and in any evert, prior to March 31 ofeach calms
year, which may, to the cx=t practicable, be combined with the review of th
D istrict 's a Hal far the nc d Final Year; acct
(iv) ameadmmts to the methodology or formula established is County Board
Resolution No. 2000-133, April 4, 2000, with resgsct to the roaldag of
R=eat Transfers
A&k 2 YWM of Ri" Any waiver at any time by cidw p y Ito of its
ruts with re pe .tto rte , o�rany �� � incormection with this Contma,
- I I not be deemedtDbea w respect to any other breadh6 or rnmtw hamunder, nor
as to a breach or efa�ult occurring or having ooc aay other Water Supply C.aauact.
NoticeL AU nodces we re m cit r or by i licat�on
to be given by either party to the otter under this Contract if given in waiting, be memted n
behalf of ttic District or for the Agency by such au&orizod officacs as thy► my each, to
tin, �a in writing fo such pnr �o ea. AR notice's � b darned have � given and
I r�ered if &Hvcmd pe one y or �f deposited, pow prep d, tine mi d S� PwW
Sa-vice for del�vary, Unles and unto folly notified odwwLse,, all notices mall ben to
the parties at their shown on dw si page of C onuwt - mmida that
T,W
PM may g t � notice to the � of a in notice
&d id The V tOVIROJIS of Contract aPiy to and
bind the aig O the ' - plies, �� �� Hof d m3ftd
in cornelon with the owcudion and delivery of the Tax-Ex=pt ObHg adotm brut no .
or oft . Cwt r t by the Amy, or any pert bomf or ' be valid unto
Sao, 3
Agenda Item 8.g.
Page 47
and unless ved by the District; proves ho ter, fl t no assi en by the District
shall be valid until and unless approved by the Agency all of the Other ; ndprovided
filrt so l as 'ax- Exempt Db] adoos are , n such t �I be
�s
've until such time as the Msftict has rived assurances from each rating agency rating
the Tax-Exempt Obligations, to the effect that mich twshr el l not adversely affect the Ong on
Obli l as any ax -Exempt Dbllgations are then being' b
the � �� �� �
municipal bond inmma= co parry unto such 6= as the District has received the written conunt
from such bond msurcr as to The Agency imams aclawwledges test the
District - l amounts ceied to be received the other Water
Sum Y
to iastlMion and/or nonprofit corporations support for its
obli 'one under the T - Dbllgation&
j UfB29b Wd B29 119 authorised Offices Offims ofthe ASMCY
�i have fall and ft
acs at all reasonable times to the account books end offices words ofthe
'strict insofar as the same to the mars �� provided for in this with the
l
tat office hours of the District to � copies dwreofa the 4ency"s
Y
expmw 1 the
anthorid officers of the District have Simi MA to the account
books and records ofthe Agency for its WaW �ntpr rise.
Article -M, SM=Wkv. Any provision of this C�ont and that I prohibited, _
orceable or not d in any un s&ction shall as to �h judsdictian, be ` e e
extent such 'bition, t or o ��
the ..
.. ns � o the gelidity, ea o bilit of l ofd i t�
prov�s�o g
j udsdiction.
S9S30D2
40
- -- Agenda Item 8.g.
Page 48
R No pOoViAsion oft
& � W Wow
"M*;Inrr of dg WS) Or ClaiM(S) to Wsw Right(s) b ) bb or any agmemcnts
dao9a fion of
�t����
lim vrly �ptiv,
WOW RWO of �r p .
� or
• r pr o � o
• �t o��
•, no provon of
in �
• lit of any such Waw Righft tfim red= or R56M in my w8Y9
ittr part riSbts
c ntmot onvwt
be #� to an_
to
• Wxr � won
.I dlor � 1005.2
4
• nf Water As und M t mole tic term "EAsft
havin a oft with tt
Controgor refer to Agamq Otim A41011d" &16:p
;ed � any ' * n o &�
Distr four the �� fro
D ist ri ct �trt��f an ExWn
�����#he
sal be demawbed as a
"Wbee Curto =. TW A amq , 3S as EASft CzMrwwv be
• • to it tic Duct �� the viou 3i the
entitled to bay
in wit co
Pro` s at &C C " of mch wbwlin&
# t �c� ft AgOncy or �r Agencies for .
deliverY of *c � � �
of stow Projea Wxw to ft A4cncY or Otha Agenc ,
if at am time &win the tum of t
. *e DLqric, delivers water, otw
Custom
pIrOj of the � Oct to
� � � .fit ] my Wbeeft CusMfft
{ at pl V &Ch will ret be.
shaB be F ; for a er
# ` bie 1 IUD v
tL
VW me revcwx �l surd liv► i at
e t�
cbwg,es e � 8
unit or Uni
5953002
I
- - -- ttem 8.g.
Page 49
In &4=nkin the ► for aur delivered t a Wiling Cuso er
the Distrust shall talcs into aoc unt the purticular Unit or Units dumqzgb which delivery
of such water is made, shall compare the C4xisfi and Costs and Debt service costs
apprton�le �� or [nom with'ta Poect Costs, and cow the moont
ofd delivered tDVAmcJft Cuftmen dmugh such Unit or Units with the amouoot of Project
WOW delivered to Co r such Unit or Units for the some period oftine.
In calcWWft cmdift o the Eiri Comm from the dvery , of waster to
Wheelies Customers mder Confta the o Water Supply Conftcts, the District shad
apportion . such aoo� the nit or Units tbrough whit water was in fact delivered,
as de 'W in the p ecedIn
The ofthis Article shall be subject to any con&acts which the District may
excem with the United Stmes ofAmcdca for any gram from the Deperftnent ofHouemg and Urban
Develop m=L .
Adkk ma b e.execuled m wveral
co each ofwhich shall be as an ori� and all of which shall con tit a but one
and the sane
Artici 3 Cove in Law. This Contract I be ` p=WL governed and
d in coo with the laws of the ate of C4iftania applicable to and
performed M such stye,
SsS3O0.Z
4
Agenda Item 8.g.
Page 50
IN VnTNESS VIHE the Parties hereto have executed this Contract on the date
ims above written.
SAN L UIS OBISPO COUNTY FLOOD CONTRO
AND WATER CONSERVATION DISTRICT
B
Board of Supervisors
Address for Notices:
County Gent Center
San Leis Obispo, Califora 93408
Er�gneering Dqpa=ent
Attn: County Engineer
APPROVED AS TO FORM:
COUNTY COUNSEL
By
eni De County Counsel
COUNTY C LFARK
B
A
Deputy
THE �o o GRANDE B
M
Address for notices:
P.O. Boy 550
Arroyo Grande, California 93421
Attn: City Manager
A'T'TEST:
By
Director f five Services/
Deputy City Clerk
APPROVED AS TO FORM:
:
C ATTORNEY
othy. Carne
5353 3
Agenda Item 8.g.
.- Page 51 _ .
THE PROJECT
AIIwtam o uro n wam
1 orlon of the do shed of Lopez # n will be renioved orarily to all
ac ess for fo adnn, with sum co tes. The area ofa1h vlunl to be excavated
wmdd tend abort 150 feet downstream fim the adsft toe ofthe the excavation would
be to approximuftly elevation 340 feet in the and t 370 the 7 be total volume
of excavated serials to be �� stored is 400 00 cubic yards
( cy ) . Ts Wires the ' , which will be salvaged aad vred sepaudy, Dudng cuzvatk of
the WhrWnm and i n ctallsHnn ofthe she columns, grounder will need to be lowered as
30 feet in the e=avaltion area In additiM the outlet cool bdkHn& of the '
` nini aid the ouow C13MM Qwk will need ito be Mocated
downsbum k=UM to tie `on, or �� � mood to be s to
outlet or s can ope #i rl the work. Tb bows could the cre& either
an adaW p�pe d*sch at the Count FAWIFA t (about 1,000 fbd A- M)
or at a location developed by the wnswwdon c nor the wesUm edge of th
trout ponds 11a outlet control b ldiog will be moved ap o ` y 300 feet west along the
road while the will be into either one or two new channe 50 to 200 feet
do fin the wis&g &cbsip loauon.
Shone cobs will be installed using a crawopmawd vileafmg probe. The vi`bwation acts
and the groin„ and the stone colus provide addition it
*M =&ww 1y 20Wc*1umns,8 pp to ' feet in, , w ,l be Wiled a 0 an ar
p�prn with colus at app eIy fact on Te a► of will
extend off" euat to abutment 570 feet) and be about 200 fit in width
up under the ofthe do gravel material
for the stone colun s (65,000 to 75,000 cy ) will be ' by Wwk pno em
•
The &wnstem be , *=.Winy the ffiiher dr in matmiaL will be r+cpla a after the columns
are h ed using the matedal rmoved stored as well as ' `onal flted&Wn
from a commorcW source, A dditiond buttma mm wiU be plate over the
downsb=m aftcr fie' tone columns we ivied 6c aUuvium and shell Materjah V MM
d are replaced. As aresult, the � crept rvld be by 130 feet. Tie
buM= ma be court inal 11M flon Of
t
Men " he the all�xviun� is less � predicted. This additional w E d 200, to 400,E cy
of aterial.
Water level in the smvoiI will need to be mainwined at or below the c==fl me
level of 10 feet, possibly down to elevation 490 fit. Consbvcdon is esdumed -to take
U 19 months*
S"3W A-
Agenda Item 8.g.
Page 52
Dewswin wiH be - excavation - of tie alluvium to elevation 340 feet,
the ff no ral stone coluisins, and rePtwement Of the aihnium to he ground
tear level l 1 feet below the excavated groimd
• Dewmaipg may Aso be
rewired 'on rued �r be dur O C==anon of
the borrow ' for the if is MODUONOL .
Bormw amssform the dam cam the
Cre floods downweam oft he that was excavated dur t1 ori� Oftbe
dam . Approximately 25,E to ,00 cy of ca -a obtained, MR l to be
red alt and d t � of &e Dam. The � be at the . Of
backfill air the store columns are �le+d.
ApPurtmant Fac*ft Improvements
f! f seepage, d the spillway
' e le(on the
fi& abut== 00511D areas oftt conaft floor 1 GIs. Consawtkm . # '
MM at the and at tie left aw W cfrW
the nwhmcatTiedwmah&acwmatmialsotitdxxi, the dndns
io tie voids, Groudag will be used reduce this b3f m voids.
Boric is ` oftbe activitie and could be d in �lel tha.
00.E
A2
Age nda Item 8.g.
Page 53
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.g.
Page 54
A INCORPORATE
JKkJULY 10. 1911
c•
MEMORANDUM
To: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER -*
SUBJECT: CONSIDERATION of AMENDMENT To DEVELOPMENT. IMPACT FEE
LIST of TRANSPORTATION TIOI IMPROVEMENT PROJECTS
DATE: OCTOBER 12, 201
RECOMMENDATION:
It is recommended the City Council adopt a Resolution amending the development
impact fee list of transportation improvement projects to incorporate widening of Le
Point Street.
FUNDING:
Preliminary cost estimates to widen Le Point Street are roughly $120,000 to $200,000,
which will be able to be funded from the Transportation Facility Fund if the Resolution is
approved. The balance in the Transportation Facility Fund is approximately $2.g
million.
BACKGROUND:
The City adopted an Ordinance in 1994, which established Transportation Facility
Development Impact Fees for all new development, which included a list of
transportation system improvements based upon the City's General Plan Circulation
Element. In March 2000, the City contracted with DMG Maximus to update the list of
projects and fees. The fee structure and amounts have been further updated since that
time, but have continued to be based upon the same projects and estimated revenue
needs of the DMG Maximus Impact Study.
ANALYSIS of ISSUES:
Legal Requirements
Section 66001 of the California Government Code requires agencies to make findings
that there is a reasonable relationship between the development impact fee and
development upon which it will be imposed and between the need for the public facility
and the type of development project upon which the fee is imposed. Transportation
facility impact fees are required to be used for street improvements that enhance
vehicle, bicycle and pedestrian capacity necessary to accommodate growth projected
from future development.
Agenda Item 8.h.
Page 1
CITY COUNCIL
AMENDMENT TO DEVELOPMENT IMPACT FEE LIST OF TRANSPORTATION
IMPROVEMENT PROJECTS
OCTOBER 12, 2010
PAGE 2
.Justification for Inclusion of Le Point Street Wid enin
Le Point Street is an important arterial to East Branch Street and was identified as a
relief route for East Branch Street traffic in the General Plan update discussions.
Increased commercial and residential development has created the need for increased
parking in the Village. The 2002 pillage Concept Plan and parking study identified
expansion of the Le Point Street parking lot as the top priority for parking expansion,
which was approved by the Downtown Parking Advisory Board and City Council. An
informal in -house traffic engineering analysis supported the need to include the Le Point
Street Widening in the list of transportation improvement projects.
The Traffic Study for the Short Street project also included the proposed Le Point Street
public parking lot expansion from 23 to approximately 65 spaces as necessary to
replace the public spaces lost and to accommodate new commercial development. Le
Point Street provides primary access to the existing 34 space leased public parking lot
on Mankins property, as well as more than 30 private parking spaces and secondary
access to the 36 public and 5 private parking spaces in the Car Corral to the unrest.
Therefore, more than 200 parking spaces will be dependent on access from Le Point
Street, but the street does not meet existing standards and is insufficient to provide this
level of access.
Le Point Street has only curb and gutter on the north side adjoining Hoosgow Park, but
no sidewalk, curb or gutter on the south side except at 122 Le Point Street. The
existing street pavement is in poor condition and only 20 feet wide, inadequate for two -
ay traffic and safe fire access, particularly if parking occurs on either side. The Traffic
Commission recently approved restricting parking in some. areas of the street dine to
unsafe turning locations.
Approximately 3,500 linear feet of Le Point street west of Miller Way intersection would
be widened to 32 feet curb to curb rather than the original proposed 40 feet width to
enable two 12' wide travel lanes and four foot bike lanes on both sides or parking on
the south side only). This width reduces the elevation difference that would require
retaining walls for extra on- street parking and sidewalk construction. The project will
require less than 1,000 square feet of private right -of -ray dedication,
Le Point Street widening was not included in the original 1994 or tog list of street
improvement projects. Staff recommends amending the list of transportation
improvement projects at this time to incorporate the widening of Le Point Street in order
to address deficiencies necessary to accommodate growth and development.
A djustments to Impact Fee Studv Cost Estimates
The Impact Fee Study projected $201,1 oo for spot widening of E I rn Street. The primary
focus of these improvements was to address sidewalk deficiencies. Estimated costs for
over half these improvements have been funded from Federal TE grant funds, as well
Agenda Item 8.h.
Page 2
cInr COUNCIL
AMENDMENT TO DEVELOPMENT IMPACT FEE LIST OF TRANSPORTATION
IMPROVEMENT PROJECTS
OCTOBER 12, 2010
PAGE 3
as local matching funds. The project is currently under construction. Therefore, it is
estimated that only approximately $80,000 in additional funding is needed.
This will reduce the project funding needs by over $120,000. It is estimated that
improvements to Le Point Street will be $120,000 to $200,000. The additional funding
needed will not materially impact the existing fees. Therefore, staff recommends that
the cost of Le Point Street widening be added to the transportation improvement project
list, while reducing projected costs for Elm Street spot widening. This will make the Le
Point Street widening project eligible for Transportation Facility Fund monies without
requiring recalculation and analysis of the entire Transportation Facility Fund impact
fees.
ADVANTAGES:
Approval of the Resolution will provide available funding necessary to widen Le Point
Street at this time, which will enable the City to move forward with completion of the
expansion of the Le Point Street parking lot in a timely manner.
DISADVANTAGES:
The project will reduce the fund balance available for other projects, primarily the Brisco
Road Interchange Project. However, a substantial balance has accumulated. The
expenditure for the Le Point Street improvements will have minimal impact on the
overall fund balance, and funds remaining will be sufficient to address projected costs
for the Brisco Road Interchange Project when combined with Local Sales Tax funds
proposed for that project.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Approve the Resolution as recommended;
- Modify and approve the Resolution;
- Direct staff to prepare a comprehensive update to the Impact Fee Study;
- Do not approve the Resolution and seek other funding for Le Point Street widening
or defer the project; or
- Provide direction to staff.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted in front of City Hall on Thursday, October 7, 2010 and on the
City's wesite on Friday, October 8, 2010.
Agenda Item 8.h.
Page 3
RESOLUTION NO.
A RESOLUTION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE AMENDING THE TRANSPORTATION
T TIO
IMPROVEMENT PROJECT LIST FOR TRAFFIC IMPACT
FEES
WHEREAS, the City Council adopted Ordinance 461 C.S. establishing Transportation
Facility Development Impact Fees for all new development, which included a list of needed
transportation system improvements and estimated costs for construction; and
WHEREAS, the City Council adopted Resolution lution fro. 3438 to update the fees and list of
transportation system improvements based upon an Impart Fee Study prepared for the
City by D G Maximus in March 2000; and
WHEREAS, EAS, the study was prepared pursuant to Section 66001 of the California
Government Code, which requires that an agency must make findings that there is
reasonable relationship between the development impact fee and the development upon
which the fee will be imposed and between the need for the public facility and the type of
development project upon which the fee is unposed; and
WHEREAS, Le Point Street has been identified as deficient in width and widening is
critical to serve as an adequate relief route and to provide s upplemental access to East
Branch Street and Village parking in order to accommodate growth and development in
and around the pillage; and
WHEREAS, based on evidence in the record for this matter, the need for Le Point
Street widening is related, in substantial part, in order to accommodate growth and
development of both residential and commercial projects in and around the Village.
NOW THEREFORE E E IT RESOLVED that the City Council of the City of Arroyo Grande
hereby amends the 2060 list of Transportation Improvement Projects to include
$ in funding for Widening of Le Point Street and ar reduction in funding of
$125,000 for Spot Widening of Elm Street.
On a motion by Council Member
following roll call vote to wit:
AYES:
NOES.
ABSENT:
, seconded by Council Member , and by the
the foregoing Resolution was passed and adopted this day of 2616.
Agenda Item 8.h.
Page 4
RESOLUTION N .
PAGE 2
TONY FE F AF A, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERIC
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J, CA MEL, CITY ATTORNEY
Agenda Item 8.h.
Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.h.
Page 6
INRPORATED
MEMORANDUM
AKNJULY 10, 1811
c -4
TO: CITY COUNCIL
FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF A PUBLIC FACILITY FUNDING AGREEMENT
FOR THE RECONSTRUCTION F SHORT STREET AND FFSITE
SEWER IMPROVEMENTS IN CONNECTION WITH THE "SHOPS AT
SHORT T STREET" PROJECT
BATE: OCTOBER 12, 201
RECOMMENDATION:
It is recommended the City Council 1 approve an agreement to provide payment of
costs associated with the reconstruction of Short Street and offsite sever improvements
associated with the "Shops at short Street" project; and 2 appropriate $20,000 for the
offsite sewer im provements from th Sewer F und.
FINANCIAL IMPACT:
The project is estimated to cost $160,328.30. The existing budget includes $150,000
for this project in Local Sales Tax funds. It is recommended an additional $20,000 be
appropriated from the sewer Fund to pay for the City's portion of the costs to upgrade
the sever line and to allow approximately $10,000 for contingencies.
On February 23, 2010 the City Council adopted Resolution Igo. 4262 and approved an
Agreement for Purchase and Sale and Improvement (including the creation of two lots,
demolition and construction of the Shops at Short Street project, [the "project"]} and
subsequently approved minor modifications to the Agreement on April 2, 2010 and
September 14, 2010. On August 24, 2010 the City Council adopted a Resolution
lution
approving the subdivision and final design for the project. Building permits are ready to
issue and construction is expected to begin in raid October. Under the terms of the
Purchase and Sale and Improvement Agreement, the City is responsibl to reimburse
the developer for the cost of public improvements to short Street.
ANALYSIS OF ISSUES:
Reconstruction of Short street and replacement of a s ewer main in Mohan Alley will
occur as part of the Shops at Short Street project (Shops) in order to reduce the overall
construction timeline and reduce costs. Costs for Short Street reconstruction and one-
half (1/2) of the sewer improvements are estimated to be $160,328. The project was
bid in conjunction with the "Shops" project utilizing the City's bidding requirements, the
Agenda Item 8J.
Page 1
CITY COUNCIL
AGREEMENT FOR CONSTRUCTION OF SNORT STREET
OCTOBER 12, 201
PAGE 2F2
lowest responsible bidder was selected, and the project is subject to all prevailing gage
regulations through a separate construction contract. The proposed agreement is
necessary for payment to the developer for this portion of the project construction.
ALTERNATIVES:
Approve the agreement and appropriate funds;
Do not approve the agreement and have the City construct Short Street as a
separate project;
Provi direction to Staff.
ADVANTAGES:
Approval o the proposed Agreement would allow for project construction to occur in
conjunction with the Shops project, reducing the overall construction timeline and
impacts by several weeks and reducing the costs of the project by an estimated
$1 52000.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
This agreement is exempt from environmental revie w per CE QA Section 15061 (b)(3).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 7, 2010. The Agenda
and report were posted on the City's website on Friday, October 8, 2010. No public
comments were received.
Agenda Item 8J.
Page 2
RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN To:
City Clerk
City of Arroyo Grande
214 East Branch Street
Arroyo Grande. CA 93420
FOR RECORDER'S I DEF 'S USE ONLY
Draft
10 -7 -10
PUBLIC IMPROVEMENT FUNDING AGREEMENT
(NO RECORDING FEE -- EXEMPT)
This Public Improvement Funding Agreement "Agreement" is entered Into on
this 12 day of October 2010 by and between the City of Arroyo Grande (the "City" ) and
Nicholas J. Tompkins "NJT ". The City and N,JT are referred to throughout this
Agreement as "Warty" and collectively as "Parties."
RECITALS
1. WHEREAS, City and N.JT entered into an Amended and Restated
Agreement of Purchas& and Sale and Improvement (the "Purchase and Sale
Agreement" ) on September 1, 2010, whereby the City agreed to sell and N.JT agreed
to busy a portion of that certain real property located in Arroyo Grande, California,
commonly known as Assessor's Parcel Number 007-492-004 (the "Property"); and
2. WHEREAS, Section 3 a iv of the Purchase and Bale Agreement
requires that the City, prior to the conveyance of the Property, legally divide the
Property into two legal and marketable parcels consisting of: a a parcel of land
improved by the existing Building Department building, parking lots, public restroorn
facility and related improvements "Parcel 1") and b a parcel of land improved solely
by the existing Public Works building and related improvements ( "Parcel 2"); and
3. WHEREAS, N T plans to construct certain improvements on Parcel 1,
including a one -story commercial structure with store fronts on both East Branch and
Short Street (the "Development "; and
4. WHEREAS, Section 2d of the Purchase and Sale Agreement requires
that the City modify and restrict Short Street between East Branch Street and 0 1ohan
Alley (the "Short Property" ) to provide for one -gray ingress; are
1
Agenda Item 8J.
Page 3
5 . WHEREAS, EAS, City approved vesting Tentative Parcel Map No. 10-002 and
Conditional Use Permit No. 10-002, pursuant to Arroyo Grande City Council Resolution
No. 4302 for the proposed Development of Parcel 1, subject to a number of conditions
of approval (collectively "Conditions" and individually a "Condition"); and
6. WHEREAS, Pursuant to the Conditions, NJT is designing, funding and
constructing certain public improvements (the "Public Improvements") in connection with
and which have a direct nexus to the evelopment'and its impacts, including, but not
limited to :
a. Condition No. 26. The existing 2" water line in the Short Street
right -of -way shall be relocated into the new pawed street section and performed in
accordance with a cost sharing agreement prepared to the satisfaction of the City
Attorney.
b. Condition No. 2. A new 8 " public sewer main shall be constructed
in 01ohan Alley to serve proposed and existing buildings. The existing 4 sewer lateral
shall be abandoned in conformance with City standards.
C. Condition No. 44. The proposed relocated Short Street and related
improvements shall be constructed as shorn on Sheet C2 of the applicant's submittal in
accordance with the Agreement.
d. Condition No. 4. Install new concrete, curb, gutter and sidewalk
(of exposed aggregate with tile bands consistent with the Village streetsape on the
proposed relocated and reconstructed Short Street project frontage as directed by the
Community Development Director and per the Agreement; and
7. WHEREAS, the purpose of this Agreement is to clearly define the rights
and obligations of the Parties regarding funding for the Public Improvements and to
ensure that the Public Improvements are constructed in accordance with the Conditions
of Approval, approved plans and specifications and all other applicable law.
AGREEMENT
T
NOW, 1f, THEF EFO E, in consideration of the mutual promises and covenants
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and intending to be legally bound, it is
hereby agreed by and between the Parties as follows:
1 . Re The above recitals are true and correct and are incorporated into
this Agreement by this reference.
N
Agenda Item 8J.
Page 4
2. Scope of the Public Improvements NJT shall construct certain Public
Improvements in connection with its Development of Parcel 1 pursuant to the
Conditions, including but not limited to, the reconstruction of Short Street and the
placement of a sewer line under 01ohan Alley.
3. specifications and Standards for the Public Im er ents NJT shall
construct the Public Improvements consistent with the Conditions of Approval, the
approved plans and specifications and all other applicable lair.
4. Funding
a. Short Street. City hereby agrees that it will pay NJT for the cost to
reconstruct Short Street, including utilities located therein, in accordance with the
requisite standards and specifications subject to the terms of this Agreement.
. Sewer Line. City and NJT hereby agree that they will split the cost
(the City will pay one -half (1/2) NJT JT will pay one -half (1/2)) to construct the sewer
line under 01ohan Alley, subject to the terms of this Agreement.
C. Limitation. City shall contribute $160,328.30 to the cost to
construct the Public Improvements. NJT shall be solely responsible for any and all
costs associated with the Public Improvements exceeding $160,328.30. Should
circumstances arise which change the cost to construct the Public Improvements, the
Parties agree to evaluate the nature of the changes and to e allocate costs
associated therewith.
5. Binding Effect This Agreement shall, at all times, be binding upon the
City and NJT and their agents, successors and assigns.
6. Governing Law and venue This Agreement shall be construed and
enforced in accordance with, and governed by, the lavers of the State of California. The
Parties hereto agree that all actions or proceedings in connection with this Agreement
shall be tried and litigated in the superior Court located in the County of San Luis
Obispo, State of California.
7. Attorneys' Fees In the event of legal action to enforce the terms and
conditions of this Agreement, the prevailing party shall be entitled to recover its costs
including reasonable attorney fees and costs.
8. Amendments. Amendments to this Agreement shall be in writing and shall
be made only with the mutual prig written approval of the Parties to this Agreement.
9. Entire Agreement ent This Agreement constitutes the entire agreement and
understanding of the Parties hereto and contains all representations between the
3
Agenda Item 8J.
Page 5
Parties with respect to the subject matter hereof. Each Party has had the opportunity to
consult independent counsel of its own choosing. No Party in executing this Agreement
has relied upon any inducements, promises or representations made by any other Party
or any representative of any other Party except as set forth in this Agreement. This
Agreement can only be modified by a writing signed by all Parties to this Agreement.
10. Severability If any terra or provision of this Agreement is determined to e
illegal, unenforceable, o invalid in whole o in part for any reason, such illegal,
unenforceable, o invalid provision o part thereof shall be stricken from this Agreement,
and such provision shall not affect the legality, enforceability, or validity of the remainder
of the Agreement. If any provision or part thereof of this Agreement is stricken in
accordance with the provisions of this section, then such stricken provision shall be
replaced, to the extent passible, with a legal, enforceable, and valid provision that is as
similar in tenor to the stricken provision as is legally possible.
11. Counterparts This Agreement may be executed in any number of
counterparts each of which shall be deemed an original, and all of which shall constitute
one and the same agreement.
12. Waiver. No waiver by a Party o any provision of this Agreement shall be
considered a waiver of any other provision or any subsequent breach of the same of
any other provision.
SIGNATURES TO FOLLOW EXT PAGE
4
Agenda Item 8J.
Page 6
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed on the day and year first written above:
CITY OF ARROYO GRANDE NJT
STEVEN ADAMS, City Manager NICHOLAS J. T MPKINS
ATTEST:
KELLY WETMORE, City Cleric
APPROVED AS TO FORM:
TIMOTHY J. CAMEL, City
Attorne
5
Agenda Item 8J.
Page 7
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.i.
Page 8
ft 0
INCORPORATED
imy 1a. 1911 MEMORANDUM
I
To: CITY COUNCIL
FROM: TERESA MCCLIsH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION of SUMMARY VACATION of A PORTION of
SHORT STREET
DATE: OCTOBER 12, 201
RECOMMENDATION:
It is recommended that the city council adopt the attached Resolution vacating a small
unused portion of short street right of way.
FINANCIAL IMPACT:
The City will receive $40,000 for the eventual sale of the portion of short Street right of
way recommended for vacation.
BACKGROUND:
O September 14 , 2010, the city and Nicholas J. Tompkins "NJT" entered into an
Amended and Restated Purchase and wile and Improvement Agreement (the
"Purchase and sale Agreement"), whereby the city agreed to sell and NJT agreed to
buy a fee simple interest in an approximate sic- hundred and sixty -six b square foot
portion of short street between East Branch street and olhan Alley (the "Short
Property „ , subject to the city's Fraction and abandonment of its public right of gray
interest in the Short Property in the manner required by law.
NJT plans to construct certain improvements ments on property adjacent to the short Property,,
including a restaurant on the corner of short street and East Branch street. Pursuant
to the terms o f the Purchase and sale Agreement and required recorded deed
Restriction, NJT will use the short Property exclusively for outdoor restaurant seating.
ANALYSIS of ISSUES:
The subject portion of short Street located between East Branch Street and Olohan
Alley has never been used as part of the constructed roadway. The vacation of this
portion of the right of way will allover NJT to incorporate the property into the restaurant
use.
This action qualifies as a summary vacation as defined in California streets and
Highways Code sections 8330 et seq. A summary vacation is appropriate based on the
fact that the portion of the short street right of way proposed to be vacated is net
Agenda Item 8.j.
Page 1
CITY COUNCIL
CONSIDERATION OF SUMMARY VACATION of A PORTION of SHORT STREET
OCTOBER 12, 201
PAGE 2
currently used for street purposes and will not be used for street purposes in the future
and is, therefore, an excess right of way.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the Resolution vacating a small unused portion of Short Street; or
-
Do not adopt the Resolution vacating a small unused portion of Short street; or
- Provide direction to staff.
ADVANTAGES:
By vacating the small unused portion of short street the city will comply with the terms
and conditions of the Purchase and sale Agreement and will allover the property to be
used - for outdoor restaurant seating, which is considered an important component of a
successful restaurant, and from which the City will derive sales tax revenue.
DISADVANTAGES:
VANTA DES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
Under the California Environmental Quality Act Guidelines "CE X , Section 15305,
the vacation of excess right-of-way is exempt from the application of CE A.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Friday, October 8, 2010. The Agenda
and report were posted on the City's website on M onday, October 11 , 2010. No public
comments were received.
Agenda Item 8.j.
Page 2
1 *Is] 10101411'I'[0
A RESOLUTION of THE CITY COUNCIL OF THE CITY of
ARROYO O GRANDE SUMMARILY VACATING A SMALL
UNUSED PORTION of SHORT STREET NOT REQUIRED
FOR STREET PURPOSES
WHEREAS, a portion of Short Street, located between East Branch Street and olohan
Ailey {the "Short Property"), as more particularly described in Exhibit "A" and depicted in
Exhibit "B ", is not needed for public street purposes; and
WHEREAS, the vacation of excess right-of-way is categorically exempt from the
requirements of c QA, pursuant to CE QA Guidelines Section 15305.
NOW, THEREFORE, E, E IT RESOLVED that the City Council of the city of Arroyo
Grande does hereby find and determine that, pursuant Section 8384a of the California
Streets and Highways Code, it is ordered that the portion of Short Street, as more
particularly described in Exhibit "A and depicted in Exhibit "B" attached hereto and made
part hereof, is hereby vacated and no longer constitutes. a street. The City Clerk is
authorized and directed to cause a certified copy of this Resolution to be recorded in the
Office of the County Recorder of San Luis Obispo county.
On motion of Council Member
Member
seconded by Council
and on the following roll call vote, to it:
AYES
NOES:
ABSENT.
the foregoing Resolution was passed and adopted on this
day of , 2010.
Agenda Item 8.j.
Page 3
RESOLUTION .
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY 11 ETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. D RMEL, CITY ATTORNEY
Agenda Item 8.j.
Page 4
10/7/10 D
X IT "A"
LEGAL DESCRIPTION
'ION
for
SHORT PROPERTY
That portion of Short Street in Block 6 of Subdivision of Property belonging to W N. Short, T.J.
Mason and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to reap filed October 1, 1887 in Book A, Page 48 of Maps, in the office of
the County Recorder of said County, more particularly described as follows;
Beginning at a point in the easterly right-of-way of Short Street, 60 feet wide as ho n on said
map, said point being South 3 3 '0 1 ' " East, 16.93 feet ftom the intersection of said easterly
right-of-way of Short Street with the southerly right -of' --war of Branch Street, as lio n said
map; thence southwesterly at right angles to said easterly right-of-way of Short Street, South
56 west, 13.00 feet; thence southeasterly and parallel to said easterly right -of -way,
South 3 3 °01' 09" East, 5 3.5 5 beet; thence northeasterly at right angles to said easterly right-of-
way, l ordi 5 °5 8'5 1 " East, 13.00 feet to said easterly right -of -way; thence along said easterly
right-of-way, North 3 3'0 1 "09"' West, 53.55 feet to the point of hegmnning.
Containing: 696 square feet more or less
Legal leption prepared by or trader the
.AND Supervision of:
• Crlstl E. dry
OF' - L. S. 8356
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11S10 auI1lshar7eU013S\11.0O IL ega l I es riptions\SF1 [ T P1 oPE T .doc
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