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Agenda Packet 2003-04-08 CITY COUNCIL Cit~ of AGENDA ArrOlo Grande Tony M. Ferrara Mayor JIm DIckens Mayor Pro Tem Thomas A. Runels Council Member Steven Adams City Manager Sandy LubIn Council Member Timothy J. Cannei City Attomey Joe Costello Council Member Kelly Wetmore Director, Administrative Services AGENDA SUMMARY CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, APRIL 8, 2003 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1, CAlL TO ORDER: 7:00 P.M, 2. ROLL CALL COUNCIURDA 3, FLAG SALUTE: KNIGHTS OF COLUMBUS 4, INVOCATION: PASTOR JAN ARMSTRONG, FIRST ASSEMBLY OF GOD, ARROYO GRANDE 5. SPECIAL PRESENTATIONS: 5.a. Proclamation Recoanizina ADril 26. 2003 as Arbor Dav 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. --_._~ AGENDA SUMMARY - APRIL 8, 2003 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 (SNODGRASS) Recommended Action: Approve the listing of cash disbursements for the period March 16, 2003 through March 31, 2Q03. 8.b. Statement of Investment DeDoslts (SNODGRASS) Recommended Action: Receive and file the report of current investment deposits as of March 31, 2003. 8.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of March 25, 2003 as submitted. 8.d. Consideration of Proaress Pavment No, 3 for the Scenic Creekside Walk. Phase III Prolect - PW 2002-02 (SPAGNOLO) Recommended Action: Authorize Progress Payment No. 3 in the amount of $75.517.65 to Maino Construction Company, Inc. 8.e. Consideration of Proaress Pavment No, 8 for the Rancho Grande Park Proiect. PW 2002-03 (SPAGNOLO) Recommended Action: Authorize Progress Payment No. 8 in the amount of $228,778.38 to Herrera Engineering, Inc. - AGENDA SUMMARY - APRIL 8, 2003 PAGE 3 8. CONSENT AGENDA: (continued) 8.f. Consideration of Proaress Pavment No, 3 (Finan and Notice of ComDletlon for the SDruce and Cedar Street Sidewalks Prolect. PW 2002-05 (SPAGNOLO) Recommended Action: 1) Authorize Progress Payment No.3 (Final) in the amount of $29,457.09 to Maino Construction Company, Inc.; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention of $11,881.10, 35 days after the Notice of Completion has been recorded, if no liens have been filed. 8.g. Consideration of Amendment No, 1 to the Uniform Rental and Related Services Aareement and Authorization to Solicit Bids for Uniform Rental and Related Services (SPAGNOLO) Recommended Action: 1) Authorize the Mayor to execute Amendment No. 1 to the current Agreement for Services with Mission Linen and Uniform Supply for an additional three (3) months; and 2) Authorize staff to solicit bid proposals for uniform rental and related services. 8.h. Consideration to Solicit ProDosals for the Cltvwide Traffic Monltorlna Proaram and Retainer Services to PreDare and Review Traffic Studies Recommended Action: Authorize the distribution of the Request For Proposals (RFP) for professional services for the Citywide Traffic Monitoring Program and retainer services to prepare and review traffic services. 8.1. Consideration of ODen SDace Aareement Grantlna an ODen SDace Easement to the Cltv of Arrovo Grande: - Lots 1 and 37 - Tract 2265 (Condition of ADDroval for Lot Line Adlustment 02-005) (STRONG) Recommended Action: Adopt a Resolution approving and authorizing the Mayor to execute an Open Space Agreement Granting An Open Space Easement to the City of Arroyo Grande. 8.j. Consideration to ADDrove a Water Wheellna Aareement with the Oceano Community Services District (OCSD) (SPAGNOLO) Recommended Action: Approve a Water Wheeling Agreement with OCSD. 9, PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: 10.a. Consideration of Resolution UDholdina the ADDeal and ADDrovlna Planned Unit DeveloDment 02-001 (East Villaae Plaza): 520. 522 and 52~ E. Branch Street: DB&M ProDertles (STRONG) Recommended Action: Amend the proposed Resolution to name the access road "East Village Circle" and approve Planned Unit Development Case No. 02-001 as modified. - AGENDA SUMMARY - APRIL 8, 2003 PAGE 4 11. NEW BUSINESS: 11.a. Consideration of ProDosed Ordinance Amendlna Arrovo Grande MuniclDal Code, ChaDter 10.16. Reaardlna Parklna (TerBORCH) Recommended Action: Introduce for first reading an Ordinance amending Chapter 10.16 of the Arroyo Grande Municipal Code. 11.b. Facade ImDrovement Grant Proaram (SHEELEY) [COUNCIURDA] Recommendation: It is recommended that the City CounciVRDA approve the Facade Improvement Grant Program. 11.c. Consideration of Cltv Hall Facilltv Needs AssessmentlFeaslbll!~ (ADAMS) Recommendation: Authorize staff to enter into an agreement with Philips Metsch Sweeney Moore to assist staff in preparing a City Hall facilities needs assessment/feasibility study. 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. a) Request to place on a future City Council Agenda a request from the City of Pismo Beach to support examining the feasibility of allowing Pismo Beach to join the South San Luis Obispo County Sanitation District. (FERRARA) 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. a) None. 14, COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15, STAFF COMMI,!NICATIONS: 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. AGENDA SUMMARY - APRIL 8, 2003 PAGE 5 17. ADJOURNMENT '* * * * * . * All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability. as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. '* it '* '* '* . '* Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arrovoarande.ora - 5.8. OF ! ~IFOR~ - ~ Honorar~ Proclamation R.ecognizing Arbor Da~ April 26, 2003 WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, 2003 is the 131" Anniversary of Arbor Day, and It is now observed throughout the nation and the world; and @) WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce IIfe-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, Increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, the City of Arroyo Grande has been recognized as a Tree City USA by the National Arbor Day Foundation for the 21" consecutive year and desires to continue Ita tree-planting ways. NOW THEREFORE, BE IT RESOLVED, that I, Tony M. Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby recognize and proclaim April 26th as "ARBOR DAY' In the City of Arroyo Grande, and urge all citizens to support efforts to care for our trees and woodlands and to support our City's community forestry program. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 8th day of April 2003. TONY M. FERRARA, MAYOR 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES~ BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR 0/ SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: APRIL 14, 2003 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period March 16 - March 31, 2003. FUNDING: There is a $1,032,317.24 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 - Cash Disbursement Listing ATTACHMENT 2 - March 21, 2003 Accounts Payable Check Register ATTACHMENT 3 - March 21,2003 Payroll Checks and Benefit Checks ATTACHMENT 4 - March 28, 2003 Accounts Payable Check Register ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS 7M de f)etUMt oI?K.ud 167~ ~ 31. 2003 _mw. April 14, 2003 Presented are the cash disbursements issued by the Department of Financial Services for the period March 16 to March 31, 2003. Shown are cash disbursements by week of occurrence and type of payment. WEEK IYPE OF PAYMENT ATTACHMENT AMOUNT March 21, 2003 Accounts Payable Cks 102283-102389 2 $ 463,693.93 Payroll Checks & Benefit Checks 3 299,169.43 762,863.36 March 28, 2003 Accounts Payable Cks 102390-102482 4 269,453.88 Two Week Total $ 1.032.317.24 1 CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND 10101 SPECIAL REVENUE FUNDS Cihi Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Fit;ancial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public Safety (Fund 010) 4208 - Federal Local Law Enlorcmt (FD 279) 4201 - Police Redevelopment Agency (Fund 284) 4211 - fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/ Bridge Maintenance Water Fund (Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS IFund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance Depllnd..:o: for Council .. , \ ... - 88 00 00 co ....... 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" " ..... ~ III - s:; '" ._ 0 "" g N N -.. c: ,C_ '" o 0 0 t.> .., III :> ~ ~ >0 ATTACHllE;'T 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 02128/03 - 03/13/03 03/21/03 FUND 010 264.795.29 Salaries Full time 176.314.73 FUND 220 13,761.57 Salaries Part-Time - PPT 17,130.03 FUND 284 4,753.25 Salaries Part-Time - TPT 9,415.93 FUND 612 4,632.53 Salaries OverTime 14,663.00 FUND 640 11,226.79 Salaries Standby 361.50 299,169.43 HOliday Pay 713.60 Sick Pay 3,086.68 Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - Vacation Pay 3,131.44 Comp Pay 2,381.66 Annual Leave Pay 1,149.51 PERS Retirement 18,924.40 Social Security 16,452.45 PARS Retirement 286.91 State Disability Ins. 777.95 Deferred Compensation 725.00 Health Insurance 26,992.54 Dental I nsurance 3,693.42 Vision Insurance 812.48 Life Insurance 632.40 Long Term Disability 866.66 Uniform Allowance - Car Allowance 400.00 Council Expense - Employee Assistance 157.14 Boot Allowance - Motor Pay 100.00 - 299,169.43 ... ~ OC> OC> 0 '" "'C> MM "'CJ> ...... ... 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" ~ .. ~ ;; 0 0 $J :s ~ tt:J ~\' .2 E .... e e ~ i ~ .. .;; "6 ~ ::I ::I t<> 0 0 .... .. ;> ;> 0 ~ .... .... 0 ~~'" at at 'tnt:! g ~ co .- '" '" ~ ~ - ... " .r;.- 1,).... ~ ~ ..... > 0 --.--- 8.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICESce;; BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~ SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: APRIL 14, 2003 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of March 31, 2003, as required by Government Code Section 53646 (b). . - - -------------- CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT 1'i4 ~ 1fta"d 31 21. 2003 , April 14, 2003 This report presents the City's investments as of March 31, 2003. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of March 31, 2003, the investment portfolio was in compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of March 31, 2003 compared with the prior month and the prior year. LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR Date: March 2003 February 2003 March 2002 Amount: $13,700,000 14,000,000 11,550,000 Interest Rate: 1.99% 2.03% 2.96% -~._- 8.c. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 25, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Director of Public Works Spagnolo, Director of Community Development Strong, and Code Enforcement Officer Crockett. 3, FLAG SALUTE Members of Camp Fire He Wa Win Su Horizon led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Certificates of Recognition for He Wa Win Su Horizon Camp Fire Club Members. Mayor Ferrara presented Certificates of Recognition to Breanne Jett, Holly Dutra, Jenna Walton, Christie Mercier, Margaret Martin, Alex Limon, Breanne Davis, and Lisa Beedle, for achieving the highest honor in Camp Fire: the WoHeLo Medallion. Amanda Voss was not present; however, her Certificate will be presented to her by her fellow Camp Fire members. 5.b. Proclamation Recognizing April 2003 as Month of the Child, Mayor Ferrara presented an Honorary Proclamation declaring April 2003 as Month of the Child. Joanne Barcelona accepted the Proclamation. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Dickens moved, Council Member Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 2 7. CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS Mike Titus, Arroyo Grande, acknowledged the nine Camp Fire girls who received Certificates of Recognition, and stated that their two leaders, Sandy Davis and Colleen Martin, should also be recognized for leading the girls in their efforts. 8. CONSENT AGENDA Council Member Costello moved, and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8. e., with the recommended courses of action: a,a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period March 1, 2003 - March 15,2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the February 2003 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at February 28, 2003. a,c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency of March 11, 2003 as submitted. 8,d. Rejection of Claims Against City. Action: Rejected claims for damages against the City filed by Denise Barry, San Luis Obispo; and Margaret Weiser/State Farm Insurance, San Luis Obispo. a.e. Consideration of Approval of Settlement Agreement - Superior Court Case Nos. CV 000748 and CV 020774. Action: Approved and authorized the Mayor to sign the Settlement Agreement between Gary Clawson and the City of Arroyo Grande, et al. AYES: Costello, Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9, PUBLIC HEARINGS: 9.a. Consideration of Increasing Operating Fees In the Fire, Building, Community Development, Engineering and Recreation Departments Based on Changes In the January 2003 Consumer Price Index (C.P.!). Director of Financial Services Snodgrass presented the staff report and recommended the Council adopt a Resolution revising Operating Fees in the Fire, Building, Community Development, Engineering and Recreation Departments by the January 2003 C.P.I. of 3.5%. She stated the increase would be effective on July 1, 2003. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 3 Mayor Ferrara opened the Public Hearing, and upon hearing no public comments. he closed the Public Hearing. Council Member Lubin moved to adopt a Resolution amending operating fees for Parks and Recreation, Planning, Engineering, Building, and Fire Services. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.b, Consideration of Underground Utility District No. 7 - East Grand Avenue Utilities from Elm Street to Oak Park Blvd, Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Open the public hearing allowing affected property owners to address the Council conceming the formation of the District; and 2) Close the public hearing and adopt the resolution directing removal of all above ground utilities and requiring underground installation of said facilities within Underground Utility District No.7. In response to questions from Council, Director Spagnolo reviewed the projected timeline and stated the project would commence in about one year; confirmed that the appropriate utility companies would be notified; clarified that the project would be coordinated with the E. Grand Avenue Enhancement Plan project; and addressed measures that would be taken to minimize parking disruptions on E. Grand Avenue. Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he closed the Public Hearing. Council comments included an emphasis on directing City staff to work closely with the contractor to minimize disruption to business owners during the project. Mayor Pro Tem Dickens moved to adopt a Resolution establishing East Grand Avenue Underground Utility District NO.7. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Lubin, Runels, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 4 9.c, Consideration of Appeal of Planned Unit Development 02-001 (East Village Plaza); 520, 522 and 528 E. Branch Street; DB&M Properties. Council Member Runels referred to correspondence delivered to the Council from Richard DeBlauw, representing DB&M Properties, (on file in the Administrative Services Department) and inquired as to whether Mayor Pro Tem Dickens had responded. Mayor Pro Tem Dickens explained that in order to bring the appeal forward, he felt he needed to provide a basis for the appeal. He stated that he would participate in considering the item. Community Development Director Strong presented the staff report and recommended the Council provide direction conceming Planning Commission Conditions of Approval regarding East Village Plaza, Planned Unit Development Case No. 02-001, and direct staff to return with the appropriate resolution. Council questions and concerns were expressed regarding the substantial deviation in architecture as presented in the Alternative Conceptual Design for Buildings 1 & 2; parking requirements; potential impacts to the Level of Service (LOS), potential widening of Highway 227; and whether the Council would be establishing architectural guidelines for the buildings. Mayor Ferrara opened the Public Hearing. Joe Boud, Joseph Boud & Associates, project design architect, gave an overview of the project, explained the concept of the Planned Unit Development design, and responded to the issues and concerns identified by Mayor Pro Tem Dickens. Jim Guthrie, Arroyo Grande resident and Planning Commissioner, stated that the Planning Commission's principal concern was the design of Buildings 1 & 2 and how it tied in with the rest of the Village. He favored the new design of the buildings; suggested that a pedestrian plaza on the west end of Building 1 would enhance the pedestrian nature of the project and would provide a tie-in with the Village. He also expressed concerns about parking requirements, providing a transitional zone from the project into residential areas, and requested clarification on how the design would be applied to individual projects and applicants. Mike McConvil, Arroyo Grande, supported the project as originally proposed and addressed the need for parking on the north side between Crown Hill and Crown Terrace. He also suggested a one-way street through the project from the top to the bottom. Susan Flores, Arroyo Grande, stated the project had many positive attributes and spoke in favor of the project's approval. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. .' CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 5 Concerns expressed by Mayor Pro Tem Dickens included the original design for Buildings 1 & 2 being too modern in architectural design and lacking in pedestrian orientation along E. Branch Street; predominant focus on office use rather than mixed use to include retail, office, and residential; the mass and scale of the buildings compared to the surrounding residential neighborhood; adequacy of the traffic analysis with regard to the unique peak hour traffic of Paulding Middle School; adequate analysis of on-street parking loss; and determination of what constitutes substantial deviation from the approved project. Mayor Pro Tem Dickens commented that due to the location of the project in the Village, it was important to review this application at the highest level and his goal was to provide extra input for the project to move forward. He stated that the revised concept architectural drawings for Buildings 1 & 2 submitted by the applicant were much better. He recommended the following: 1) Modify Mitigation #19 to remove #2 regarding Common Parking Facilities Agreements; 2) Change the proposed street name from Sterling Drive to E.C. Loomis Circle; 3) Suggested that the elevator tower be no higher than the highest point of the roof line; and 4) Provide pedestrian access points on the north and south sides of the boardwalk/stairway. Council Member Costello commented on the necessity to widen Highway 227 and re- stripe the road to include on-street parking; favored the change in the architectural design as it breaks up the appearance of the project and continues the theme of the Village; supported more residential units to be built to encourage the mixed use concept; and supported the addition of a plaza at the south-end of the project to stimulate pedestrian access. He referred to Table 3 of the Traffic Impact Study and cautioned that changes to retail use could significantly impact the Level of Service (LOS). Council Member Runels commented that he had no problem with the project as originally proposed. He could support the concept of a one-way internal street within the project; and he commented that with regard to the LOS, a lot of projects outside of the City contribute to the traffic problem. Council Member Lubin stated he liked the revised conceptual plan for Buildings 1 & 2 and commented that it blends with the commercial portion of the Village; however, it did not blend with the residential portion of the Village. He stated he could support the change to Mitigation Measure 19 if limited to the same side of the street; he did not want all projects within the PUD to return to Council; and he commented that the plan already incorporated a one-way street through the project. He stated that although he was supportive of the project, he did not support the appeal. Mayor Ferrara's comments included promoting the use of upper floors as residential; encouraging retail use; commented on traffic generation issues; favored the proposed left turn lane and one way street; favored the alternative architectural design with the reduction in building mass; and cautioned that the design not be interrupted by tenant preference. He stated that the design of Buildings 1 & 2 sets the tone for compatibility on the remainder of the project and that he is confident that staff will apply the Village Guidelines and Standards to ensure architecture that is compatible. He supported the . CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 6 appeal, and supported modifying the Planning Commission's decision as follows: 1) Approve the alternative conceptual plan for Buildings 1 & 2; 2) Changing the name of the street to E.C. Loomis Circle; 2) Limiting the height of the elevator tower to the highest roofline; 3) Clarifying language in Mitigation Measure 19 to maintain on-site parking; and 4) Include design for a plaza at the south end of the project and provide pedestrian access at both ends of the walkway. At the request of the applicant, Mayor Ferrara allowed the applicant's representatives to respond to several issues raised by the Council. Mr. Boud, Joseph Boud & Associates, referred to the proposed street name and stated that Sterling was E.C. Loomis' partner and that the name was chosen to provide a sense of history and identity to the project. With regard to the idea for a plaza, he stated a plaza could be created at the bottom of the stairway at Building 1 and the Architectural Review Committee could determine the amenities. Finally, with regard to the elevator tower, he explained that it was designed based on certain code requirements. Steven Puallsi, architect, clarified that the Uniform Building Code and OSHA requirements requires the elevator tower to be a minimum of four (4) feet above the roofline. Richard DeBlauw, DB&M Properties, addressed the street name issue and commented that the Fire Chief encouraged the name of East Village Plaza Circle for Identification purposes in an emergency. Mayor Ferrara moved to modify the Planning Commission's decision, and direct staff to prepare the appropriate Resolution for City Council adoption to include the approval of the Alternative Design Concept, encouraging mixed use utilizing residential above office, modify the language In Mitigation Measure 19 so that the 200 foot provision applies to on-site businesses and not off-site businesses, that the elevator tower height remain within the appropriate Code requirements, approval of E.C. Loomis Circle as the proposed street name; and inclusion of a plaza at the south end of the project. Mayor Pro Tem Dickens seconded the motion. City Attorney Carmel inquired whether the motion maker intended to include providing pedestrian access at the north and south side of the walkway. Mayor Ferrara amended his motion to add that provision, as well as adding a provision that the City discourage any deviation on the architecture for Buildings 1 and 2 based on tenant preference. Mayor Pro Tem Dickens seconded the amended motion. Council Member Lubin stated that while he supported the project, he would not support the motion based on the numerous items included in the motion that he felt was an encumbrance on the applicant. . CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 7 On the following roll call vote, to wit: AYES: Ferrara, Dickens, Costello NOES: Lubin, Runels ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Restricting Parking on Front (Street) Yards. Community Development Director Strong presented the staff report and recommended the Council direct staff to prepare a draft ordinance to amend Municipal Code Section 10.16.010B regarding front (street) yard parking for City Council consideration. Mayor Ferrara opened up the item for public comment. John Keen, Arroyo Grande, urged the Council to go forward with this item. Hearing no further public comments, Mayor Ferrara closed the public comment period and brought the item back to Council for consideration. Council Member Costello moved to direct staff to prepare a draft ordinance to amend Municipal Code Section 10.16.01 OB regarding front (street) yard parking, for City Council consideration. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Lubin, Dickens, Ferrara NOES: Runels ABSENT; None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 12, CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). No report. (2) Integrated Waste Management Authority (IWMA). Reported on how the City of Arroyo Grande is doing with regard to the City's performance in recycling and overall disposal of waste. (3) Other. None. . CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 8 b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition. Meets Thursday. Noted that a Youth Council is being formed at the County level. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that the plant operations and fund balance is great; reported on issue with County regarding biosolids. (3) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. Reported that a restroom facility at the Recreation Area Marina burned and was a total loss; 30,000 fish have been planted in the lake; revenue and attendance up 17% over prior year; the Dam remediation project is about 88-89% complete; the water line going to Avila Beach was cleaned; the Water Treatment Plant project is moving ahead; discussed the issue of water fluoridation in the County; the Habitat Conservation Plan is going out for public review; and an update was given regarding the Santa Maria Valley water litigation case. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. d. COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT). Reported that Beach Cities Cab is no longer the provider for the senior taxi program and City Manager Adams has negotiated a temporary agreement with the prior taxi provider so there is no interruption of service. The Board will be reviewing the issue at their next meet in April. Another issue to be addressed at the next Executive Committee meeting will be the frequency of meetings. (2) Economic Vitality Corporation (EVC). Reported that the airport extension is a hot topic and the Executive Committee received a presentation by the Airport Manager; received a presentation from Affordable Housing representative; received a report on the Williamson Act proposals by the Governor and the Board took a stand to recommend keeping the Williamson Act in place to continue protection of the agriculture preservation acts within the County; and received a presentation on security at Diablo Canyon by PG&E. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). No report. Meets tomorrow. (2) Other. None. . CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 9 13, CITY COUNCIL MEMBER ITEMS: a) Request to direct staff to coordinate scheduling a joint meeting on housing elements with the City Councils of Grover Beach and Pismo Beach and San Luis Obispo County Supervisors from the Third and Fourth Districts (FERRARA) Mayor Ferrara requested, and the Council concurred, to direct staff to coordinate scheduling of a joint meeting on housing elements with the City Councils of Grover Beach and Pismo Beach and San Luis Obispo County Supervisors from the Third and Fourth Districts. b) Request for City Council Appeal of Planning Commission Denial of Conditional Use Permit 03-001, Vesting Tentative Parcel Map Case No. 03-001, Planned Sign Program 03-001; Applicant - Santa Lucia Bank; Location 1530 East Grand Avenue (FERRARA) Council Members Lubin and Runels declared conflicts of interest due to financial interests and stepped down from the dais. Mayor Ferrara requested, and Council Member Costello and Mayor Pro Tem Dickens concurred, to appeal the Planning Commission denial of CUP Case No. 03-001, Vesting Tentative Parcel Map Case No. 03-001, and Planned Sign Program 03-001. 14. CITY MANAGER ITEMS: None. 15, COUNCIL COMMUNICATIONS: Mayor Ferrara announced he would be attending the League of California Cities Public Safety Policy Committee meeting in Sacramento on Thursday. Council Member Lubin announced that he would be out of town and would not be attending the first Council meeting in May. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: John Keen, Arroyo Grande Planning Commissioner, stated the Planning Commission would like to request direction from the Council regarding undergrounding utilities in non- commercial areas. He explained that there is a continuing problem with the way the ordinance is written that puts an extreme burden on a residential in-fill project. Jim Guthrie, Arroyo Grande Planning Commissioner, echoed Mr. Keen's statements regarding concerns the Planning Commission has regarding the requirements for undergrounding of utilities. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 10 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:32 p.m. Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk 8.d. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF PROGRESS PAYMENT NO.3 FOR THE SCENIC CREEKSIDE WALK - PHASE III, PROJECT PW-2002.02 DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council authorize Progress Payment NO.3 in the amount of $75,517.65 to Maino Construction Company, Inc. for the Scenic Creekside Walk Phase III Project. FUNDING: On June 11, 2002, the City Council awarded the Scenic Creekside Walk Phase III Project to Maino Construction Company, Inc. in the amount of $280,704.20 and authorized a contingency of $28,074.20 to be used for unanticipated costs during the construction phase of the project. The total construction budget is $308,774.66. DISCUSSION: The City received an application for Progress Payment No. 3 in the amount of $83,908.50 from Maino Construction Company, Inc. for work completed from March 1 through March 31, 2003. Staff reviewed the application and determined that the amount requested is in accordance with the quantity of work completed. The City will withhold 10% of the requested amount ($8,390.85) in retention until the project is completed in accordance with the plans and specifications. Therefore the amount due the contractor is $75,517.65 ($83,908.50 minus $8,390.85). AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation: . Modify as appropriate and approve staff's recommendation; or . Provide direction to staff. Attachment: Application for Progress Payment No.3 'l5ttyof ~ ~rJ~ Public Works Department Applicatiollfor Progress Paymellt Contract Name: Scenic Creekside Walk - Phase I Ii Contract No: 2002-02 Progress Payment No: 3 City Account No: 350-5512-7001 Payment Date: April 4. 2003 Canna Prit;e ToambDwlftr Pre\Iiiou$Pllyment:r PrI Thi&Eslimefe No, Descrip60n ."0 Ilnit__ -- 0 . o. , 0 , BID ITEMS General Requirements 1 Mobilization 11s 10,000.00 10,OC)(lOO 90% Is 9,000.00 90% Is 9,C()Q_OQ 0% Is 0,00 2 Construction Area & Traffic Control 1 Is 1,100,00 1,100.00 25% Is 275.00 25% Is 275.00 0% Is 0.00 3 Compliance with OSHA Requirements 1 Is 550,00 55000 50% Is 275.00 50% Is 275.00 0% Is 0.00 4 Construction Survey 1 Is 3.08000 3,080.00 100% Is 3,080.00 100% Is 3,080.00 0% Is 0,00 5 Clear & Grub, Earthwork 1 Is 8.800,00 8,800.00 100% Is 8.800,00 100% Is 8,8(X1OO 0% Is 0,00 Surface Improvements 6 Erosion Control I Is 2,750.00 2,750.00 90% Is 2,475.00 80% Is 2,200.00 10% Is 275.00 7 Demo/Remove Existing Surfacing I Is 8.404.00 8.40400 75% Is 6,303.00 75% Is 6,303.00 0% Is 0,00 8 Import Structural Fill 150 cy 38.50 5.775.00 150 cy 5,77S.DO 75 cy 2.887.SO 75 cy 2.887.50 9 Class "B" Asphalt Concrete 4,970 sf 1.76 8,747.20 o sf 0,00 o sf 0,00 o sf 0,00 10 Class II Aggregate Base 250 tn 27,50 6,875.00 125 tn 3,437.50 125 tn 3,437,50 o In 0.00 11 EXjXlsed Aggregate Concrete Paving 5,030 sf 7.10 35.713.00 3,500 sf 24,850.00 0. sf 0,00 3,500 sf 24,850.00 12 Brick Pavers on Reinforced Concrete 850 sf 15.40 13,091100 o sf 0.00 0. sf 000 o sf 0,00 13 Brick Pavers on Sand Bed 3,575 sf 10.00 35,750.00 2.000 sf 20,000.00 0. sf 0,00 2,000 sf 20,000.00 14 Concrete Header (6" wide) 641 If 28.00 17,948.00 800 W 16,800.00 250 W 7,000.00 350 W 9,800.00 15 Concrete Header (12" wide) 116 If 33,00 3,828.00 0. W 0,00 o W 0,00 o If 0,00 16 Split Rail Fence (limited) 364 W 11.00 4,004.00 o W 0,00 o W 0,00 o W 000 17 Grass Paving System 375 sf 6,00 2,250.00 100 sf 600,00 o sf 0.00 100 sf 800,00 18 Driveway Ramp I ea 1,100.00 1,100,00 1 ea 1.10000 o ea 0,00 1 ea 1,100.00 19 Concrete Curb & Gutter (6- tall) 645 If 24.00 15,480.00 600 W 14,400.00 600 If 14,400.00 o If 0,00 20 Concrete Handicap Ramp 3 ea 2,200.00 6,600.00 2 ea 4,400.00 o ea 000 2 ea 4,400.00 21 Concrete Curb 65 W 26.40 1,716.00 65W 1,716.00 25 W 660,00 40 W 1,056.00 22 Concrete Gutter 36- Wide 230 sf 9.90 2,277.00 o sf 0,00 o sf 0,00 o sf 0.00 23 Remove signs 4 ea 44,00 176.00 4 ea 176.00 4ea 176.00 o ea 0,00 24 Traffic Signs 3 ea 275.00 825.00 0. ea 0.,00 o ea 0,00 0. ea 0,00 25 Slurry Seal Resurfacing 41,600 sf 0.61 25.37800 o sf 0,00 o sf 000 o sf 000 Drainage Improvements 26 Storm Drain Drop Inlet 2 ea 3,465.00 6,930.00 2 " 6,930.00 2 ea 6,930.00 o ea 0,00 27 IS" CMP Storm Drain 10. If 82.50 825.00 10 If 825.00 10 If 825.00 0 If 0.00 28 24" CMP Storm Drain 10. If 110.00 1,100.00 10 If 1,100.00 10 If 1,100.00 0 If 0,00 Irrigation System 29 Irrigation System 1 Is 15,400.00 15,400.00 50% Is 7,700.00 0% I, 0.00 50% Is 7,700.00 30 Potable Water line w/ Hosebibs 465 W 5,00 2,325,00 400 W 2.00000 o W 0,00 400 W 2.00000 Planting 31 90 Day Maintenance 1 Is 825.00 825,00 0% Is 0,00 0% Is 000 0% Is 0.00 32 Fine Grading and Mulch 2805 sf 0,60 1.68300 0. sf 0,00 o sf 0,00 o sf 0,00 33 Hydroseed 2770 Sf 0,60 1,662.00 o sf 0.00 o sf 0,00 o sf 0,00 34 Ground Cover/Shrub. 1 GaHon 564 ea 6,25 3,525.00 o ea 0,00 o ea 0,00 o ea 0,00 35 Shrub. 5 GaHon 65ea 11.00 715.00 o ea 0.00 o ea 0,00 o ea 0.00 36 Tree. 15 Gallon 20 ea 88.00 1,760.00 o ea 0,00 o ea 0,00 o ea 0,00 Electrical 37 Trenching, Backfill, Conduit 800 W 15.40 9,240.00 800 W 9,240.00 o W 000 600 W 9,240,00 Bid Alternate 1 A1 Trash Receptacle 3ea 755.00 2,265.00 o ea 0,00 o ea 0,00 Oea 0,00 A2 ADA Picnic Table 3 ea 1,165,00 3.49500 o ea 0.00 o ea 000 o ea 0,00 A3 Bench 2ea 1,455,00 2,910.00 o ea 0,00 o ea 0.00 o ea 0.00 A4 Tree Grate 1 ea 3,365.00 3,365.00 o ea 0,00 o ea 0.00 o ea 000 A5 Removable Bollard 1ea 465,00 465.00 Oea 0,00 o ea 0,00 o ea 000 Bid Item Totals 280,704.20 151,257.50 $ 67,349.00 $ 83,908.50 ~- Tot&lsIPo.e _Po ~Thi$E$/ifflIJ1e No, ~ E,lQ UnifPl'ice - 0 , ON , 0 s CONTRACT CHANGE ORDERS Contract Change Order otals $ . $ . $ . $ - I EARNED TO DATE ' $ 280,704.20 $ 151.257.50 $ 67,349.00 $ 83,908.50 LESS: 10% RETENTION 15,125.75 6,734.90 8,390.85 PAYMENT TOTALS 136.131.75 60,614.10 75,517.65 IPAYMENT THIS APPLICATION $75,517.65 I 1h/l./2- P/l6S iF? Contract Time Contractor Contract Start Date: 1/21/03 Origina} Contract Days: 120 P~ Adjusted Contract Days: 0 Adjusted Contract End Date: 5/21/03 --1.,3 ._3 Date Send pavment to: Public Works Director Date Maino Construction Company, Inc. P.O. Box 1347 San Luis Obispo. CA 93406 City Manager Date B.e. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF PROGRESS PAYMENT NO, 8 FOR THE RANCHO GRANDE PARK PROJECT, PW-2002-03 DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council authorize Progress Payment No.8 in the amount of $235,219.46 to Herrera Engineering, Inc. for the Rancho Grande Park Project. FUNDING: On June 11, 2002, the City Council awarded the Rancho Grande Park Project to Herrera Engineering, Inc. in the amount of $1,082,345.00 and authorized a contingency of $108,235.00 to be used for unanticipated costs during the construction phase of the project. The total construction budget is $1,190,580.00. DISCUSSION: The City received an application for Progress Payment No.8 in the amount of $260,787.95 from Herrera Engineering, Inc. for work completed from February 26, 2003 through March 25, 2003. Staff reviewed the application and determined that the amount requested is in accordance with the quantity of work completed. The City will withhold 10% of the requested amount ($26,078.79) in retention until the project is completed in accordance with the plans and specifications. The total amount due to the contractor is $235,219.46 ($260,787.95 less $26,078.79 retainage plus $510.31 retainage adjustment). ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendations; . Do not approve staffs recommendations; . Modify as appropriate and approve staffs recommendations; or . Provide direction to staff. Attachment: Application for Progress Payment No.8 reityrf ~ 'fj~ '"blkWm"'''''''''''''", ~ Application for Progress PaYlllellt Contract Name: Rancho Grande Park. Contract No: 2002-03 Progress Payment No: 8 City Account No: 350-5512-7001 Payment Date: April 4, 2003 ConhQ Price TON'S to Det& PrevIOWI Pavments Eam.a Th/& Ar/Od No. Qtv U"ItPrlce PrIce Pet. $ Pet. . Pt:t. J 1 Mobilization Allowance 1 Is 60.000.00 60.000.00 98.1'16 58.848.15 98.1'16 58.848.15 0.0'16 0.00 2 Demoiillon end Earthwork 1 Is 83,520.00 83.520.00 100.0'16 83.520.00 84.3'16 70,444.82 15.7% 13.075.18 3 Park Eniry and Access Road .1 Is 98.982.00 98.982.00 96.9'16 95,929.74 95.7'16 94,676.75 1.3% 1.252.99 4 Slta UtIlities 1 Is 47,140.00 47.140.00 89.6'16 42,260.53 89.6',(, 42,260.53 0.0% 0.00 5 SltaEIectricaI 1 Is 170,662.00 170.662.00 98.1% 163.976.18 21.7% 36.985.57 74.4% 126.992.61 6 Construction Improvements & Furnishings '1 Is 170,000.00 170,000.00 73.9% 125,704.13 52.9% 89,956.10 21.0% 35.748.04 7 Irrigation 1 Is 102,587.00 102.587.00 82.1% 84.176.29 82.1% 84.176.29 0.0% 0.00 8 lan_ping 1 is 149.497.00 149.497.00 0.0% 0.00 0.0% 0.00 0.0% 0.00 A1 Altamat.1-SportsFacilltles '1 Is 47.298.00 47.298.00 93.3% 44,132.69 86.6% 40,962.18 6.7'16 3,170.51 K1. Altamata2-PlaygroundEqujpment 1 Is 77.659.00 77,659.00 63.0% 46.937.20 35.0% 27,187.34 28.0% 21.749.87 KJ Altamate 3 - Restroom Buildlno 1 Is 75.000.00 75.000.00 100.0% 75.000.00 30.0% 22.500.00 70.0% 52.500.00 ConIraotToIals 1,082,345.00 822,484.92 567.995.72 254,48920 Chanoa Ord... 79.725.84 75,824.80 69.525.85 6.298.75 EARNED TO DATE 1,162.070.84 896.309.51 637,521.57 260.787.95 LESS: 10'16 RETENTiON 89.625.59 64.262.47 26.078.79 . Adlustmantto Retention (510.31) (510.31) (510.31 Ravised Ratention Totais 89.115.28 63,752.16 25.568.48 PAYMENT TOTALS 809.19423 573.769.41 235.219.46 IPAYMENT THIS APPLICATION $235,219.46 ~--J \q 'ftJI-05 C'mm~T<~ Co or Date Contract Start Date: 812110; ~ Original Contract Days: 27[ Adjusted Contract Days: 1: ~ "'_~'N~' _ -f'/'P:3 P Ject a g r Date Public Works Director Date Send Pavment to: Construction Funds Control Services Trustee for Herrera Engineering 1330 Arnold Drive Suite 242 City Manager Date Martinez. 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I ~I IIIIII~!I;I.J~!I I ! n_luU ~ ~1!!~~~~hf~~~HH!"';l.. = ~ii\8.~!Hhnu ~d ..J ~ t '" oC_N"/.,.,,, i-N"/.,.,,,... :$- .. c( a W "Q~~ ~~ -~ z~~___ ~NNNNN<<~ O_N~~~~r--.. 0 d ~i ~.:.:~~.:.:~~~.:~ iii................ ...................... w>- Oz _N~~~~...~m________ 01- ~ f - ~ ~~~~~~ ~~~~~~~ ~~ U I- 8.f. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER cht SUBJECT: CONSIDERATION OF PROGRESS PAYMENT NO.3 (FINAL) FOR THE SPRUCE AND CEDAR STREETS SIDEWALK PROJECT, PW 2002-05 DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council: A. authorize Progress Payment No.3 (Final) in the amount of $29,457.09 to Maino Construction Company, Inc. for the Spruce and Cedar Streets Sidewalk Project; B. direct staff to file a Notice of Completion; and, C. authorize release of the retention of $11 ,881.10, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. FUNDING: On December 10, 2002, the City Council awarded the Spruce and Cedar Streets Sidewalk Project to Maino Construction Company, Inc. in the amount of $90,481.00 and authorized a contingency of $9,048.00 to be used for unanticipated costs during the construction phase of the project. The total construction budget is $99,529.00. DISCUSSION: . The City received an application for Progress Payment No. 3 (Final), in the amount of $34,901.10, from Maino Construction Company, Inc. for work completed through March 21, 2003. Staff has determined that Maino Construction Company, Inc. has completed all items of work on the project in accordance with the plans and specifications. The final adjusted contract amount is $110,881.10. Deducting previous payments ($7,815.10) and the 10% retention ($3,273.01), the current (final) progress payment is $29,457.09. The total budget for the project was $140,097.00, which included $21,656.00 for design, $6,394.00 for construction administration, $2,000.00 for materials testing, $100,400.00 for construction, and $10,055.00 for construction contingencies. CITY COUNCIL CONSIDERATION OF PROGRESS PAYMENT NO, 3 (FINAL) FOR THE SPRUCE AND CEDAR STREETS SIDEWALK PROJECT, PW 2002-05 APRIL 8, 2003 PAGE 2 Actual project cost for the following activities were: $21,656.00 for design, $6,394.00 for construction administration, and $870.00 for materials testing - leaving a remaining balance of $111,177.00 for construction and construction contingencies. Therefore, subject to final cost accounting, the project is approximately $295.90 below the total project budget. Staff is recommending the release of the remaining portion of the 10% retention ($11,881.10), to Maino Construction Company, Inc. thirty-five (35) days after the Notice of Completion has been recorded, if no liens are filed. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendations; . Do not approve staffs recommendations; . Modify as appropriate and approve staffs recommendations; or . Provide direction to staff. Attachments: 1. Application for Progress Payment No.3 (Final) 2. Notice of Completion ATTACHMENT 1 75i1yr ~Cf}~ Public Works Department Application for Progress Payment Contract Name: Spruce and Cedar Street Sidwalks Contract No: 2002-05 Progress Payment No: 3 (Final) City Account No: 350-5641-7001 Payment Date: March 10. 2003 O:rlrBCtFhc:e fdats!oOal~ - , firS E"sII""'~ ~ ,m '" lA'WFh"" ~~ 0 s 0 s s BID ITEMS Gener.1 RequJrement. 1 MobilinUon , . 5,000.00 5.000.00 100% Is 5.000.00 100% Is 5,000.00 '" . 0,00 2 TrafflcConlrOI 1 " 2.000.00 2.000.00 100% Is 2,000.00 75% Is 1,500.00 25% Is 500.00 3 Construction Survey ,. 1,600,00 1,800.00 100%18 1,600.00 100%18 1,600.00 0% . 0,00 Surface Improvement. 4 Class "S" Asphalt Concr'ete 49 In 135.00 6,615.00 100%10 6,615,00 8O%tn 5,292.00 20% In 1,323,00 . Class U Aggregate Base 50 OJ 45.00 2.250.00 100%cy 2,250.00 &0.0% cy 1,800.00 20%cy 450.00 . Coner.te O'oss Gutter and Spandrel 1 .. 8,000.00 6,000.00 100% e" 8,000.00 35.0% e. 2,&10.00 , .. 5.200.00 7 Cena.te CUrb & Gutt<< 310lr 28.00 8.680.00 310lr 8,660.00 250lr 7,000.00 60 If 1,680,00 . 22' Coocrete Qliveway Ramp , .. 2,266.00 2,266.00 1 .. 2,266.00 ,.. 2,266.00 o .. 0.00 9 24' Coocrele Driveway Ramp 1 .. 2,494.00 2,49<1.00 1 .. 2,4~.OO ,.. 2,4S4.oo 0.. 0.00 10 28' Conaete Drtveway RalT1) 1 .. 2,890.00 2,890.00 1.. 2,890.00 1 .. 2,890.00 o .. 0.00 11 29' Concrete Driveway Ramp , .. 2,946.00 2.946.00 1 .. 2.946.00 0.. 000 1 .. 2,946.00 12 ConaeIe Handcap Ramp and SlltNak CII1 4 .. 2,94ELOO 11,78<1.00 4 .. ",7M.00 3 .. 6,838.00 1 .. 2,946.00 13 ConcreteSldewal< 2.004 sr 6.50 13.026.00 2,004 sf 13.026.00 1,750 sr 11,375.00 254 .1 1,651.00 14 Relocate Traff"ICSigns 1 .. 226.00 226.00 1 .. 226.00 1 .. 226.00 o .. 0.00 15 ReIocateMaIJ)Ox 7 .. 264.00 1,9ea.00 7 .. 1,ses.OO 5 .. 1,420.00 2 .. 568.00 16 Remove Existing Tree 5 .. 400.00 2,000.00 . .. 2,000.00 2 .. 600.00 3.. 1,200.00 17 CUrti Painting (2 Coats) 26 If 8.00 208.00 26 If 208.00 o If 0,00 26 If 206.00 Private Property Improvements 16 Grading & Dnliroage Improveme!1ls (1257 , " 1,000.00 1,000.00 1000/.1$ 1.000,00 100% Is 1.000.00 00/. Is 0,00 16 Coner.t.Driveway 910 sf 9,00 8.190.00 910 sf 6,190.00 910 sf 8,190.00 o .1 0.00 Bid Alternate 1 Impro...ement. 1249 Cedar Street A' Class "B"Asp/'IaftCcncrete 146s' 5.50 803.00 1465f 603,00 1465( 803.00 o.r 000 A2 Class 2 AggregaleBase 40J 47.00 188.00 4 <, 188.00 4 <, 13$,00 0" 0.00 A3 Conerete CUrb end Gulter 40 If 30.00 1,200.00 40 If 1,200.QO 40 << 1,200.00 o << 000 A4 22'ConcreIe[)rivewayRamp 1.. 2,200.00 2,200,00 1 .. 2,200.00 1 .. 2,200.00 o .. 0,00 A' Cona-ete SIdeW&1k 240 sf ,.eo 1.632.00 240 sf 1,632.00 240 sf 1.632.00 o .r 000 AS Conaete[)iveway 90 sf 9.00 810.00 60 of 810,00 60 of 610.00 o .1 0,00 A7 RelOCIIteMallbo)( ,.. 285.00 285.00 1 .. 285.00 1 .. 285.00 o .. 0.00 Bid Itlffl1Tolals $ 90481.00 $ 90481.00 $ 71,809.00 $ 18672.00 CONTRACT CHANGE ORDERS 1 Spanoi"eI C sE Comer of SpruceICedar , . 2,000.00 2,000.00 100% Is 2,000.00 100% 2,000.00 0% . 000 2 Re\oisltd lmits QfWOlk G. NEcomefSQcuc ,. 2,171.00 2,171.00 '00% . 2,171.00 100% 2.171.00 0%" 0.00 3 Final Quantity Adjustment '" 16,229.10 16,229.10 100%15 16,229.10 0% 2,171.00 100% Is 16.229.10 Contract Chan II OI'cHIr Totals . 20,400.113 $ 20400.10 1342..00 . 16229.10 EARNED TO DATE , 110,881.10 $110,881.10 $ 18,151.00 , 34,901.10 LESS: 10% RETENTION 11,088.11 7,815.10 3,273.01 PAYMENT TOTALS 99,792.99 70,335.90 31,628.09 I PAYMENT THIS APPLICATION $31,628.09 I ~/7./2. PM:.. s ~!.~/o~ Contract Time C radar Contract Start Date: 1/2112003 )~~. Original Contract Days: 45 ~ Adjusted Contract Oa'Js: " 4/J/U/03 Adjusted Contract End Date: 3/18/2003 Project Manager Dale Send PavmM1t to: Public Wo&.s DIrector Date Maino Construction Company, Inc. P.O. Box 1347 San Luis Obispo, CA. 93406 City Manager Dale RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ATTACHMENT 2 CITY CLERK CITY OF ARROYO GRANDE P.O. BOX 550 ARROYO GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe. 2. The FULL NAME of the OWNER is: The City of Arroyo Grande 3. The FULL ADDRESS of the OWNER is: 214 East Branch Street. Arroyo Grande. California 93421 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None 7. All work of improvement on the property hereinafter described was COMPLETED 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Maino Construction Comvanv. Inc. 9. The street address of said property is: None 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: Spruce and Cedar Streets Sidewalk Project. Project No. PW 2002-05 Veritication of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that! have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. Don Spagnolo, PE, Director of Public Works/City Engineer March 21, 2003, Arroyo Grande, California -- END OF DOCUMENT-- 8.g. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ~ ENGINEER SUBJECT: CONSIDERATION OF AMENDMENT NO.1 TO THE UNIFORM RENTAL AND RELATED SERVICES AGREEMENT AND AUTHORIZATION TO SOLICIT BIDS FOR UNIFORM RENTAL AND RELATED SERVICES DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the Council: A. authorize the Mayor to execute Amendment No. 1 to the current Agreement for Services with Mission Linen and Uniform Supply for an additional three (3) months; and, B. authorize staff to solicit bid proposals for uniform rental and related services. FUNDING: Funds for the first year's service will be included in the FY 2003/04 budget in the amount of $7,475. Funding for years 2 and 3 of the agreement will be budgeted for in subsequent years. Funding has been divided between Public Works, Parks, Recreation, and Facilities and the Building and Life Safety Departments. DISCUSSION: The City's uniform service agreement with Mission Linen and Uniform Supply expires on April 12, 2003. The service agreement provides a set level of service and pricing on uniform rental, laundry service for uniforms, jackets, coveralls, floor rugs, and shop towels. Mission Linen requested an extension of the current agreement in accordance with Section 4.04 of the current agreement. However, due to interest expressed by competing service providers bidding these services, staff is requesting that the City Council extend the existing contract with Mission Linen for a period of three (3) months to allow staff to solicit bid proposals, review the submitted information and prepare a new agreement for Council consideration. CITY COUNCIL CONSIDERATION OF AMENDMENT NO.1 TO THE UNIFORM RENTAL AND RELATED SERVICES AGREEMENT AND AUTHORIZATION TO SOLICIT BIDS FOR UNIFORM RENTAL AND RELATED SERVICES APRIL 8, 2003 PAGE 2 AL TERNA TIVES The following alternatives are provided for the Council's consideration: - Approve staff's recommendations and authorize the amendment with Mission Linen and direct staff to solicit bid proposals; - Do not approve staff's recommendations; - Modify staff's recommendations as appropriate and approve; or - Provide direction to staff. Attachments: 1. Current Service Agreement 2. Service Agreement Amendment 3. Request Letter from Mission Linen and Uniform Service 4. Invitation to Bid 5. Bid Specifications 6. Quotation Sheet 7. List of Vendors Attachment 1 AGREEMENT FOR SERVICES OF CONTRACTOR This Agreement is made upon the date of execution, as set forth below, by and between MISSION LINEN AND UNIFORM SERVICE, (hereinafter referred to as "CONTRACTOR"), and the CITY OF ARROYO GRANDE, a Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERMS: This Agreement will become effective on the date of execution set forth below, and will continue in effect for a period of three (3) years or until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: CONTRACTOR agrees to perform or provide the services specified in "Description of Services" attached hereto as Exhibit "A" and incorporated herein by this reference.. CONTRACTOR shall determine the method, details and means of performing the above-referenced services. CONTRACTOR may, at CONTRACTOR's own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement. CITY may not control, direct or supervise CONTRACTOR's assistants or employees in the performance of those services. 1.03 COMPENSA TIQN: In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the consideration set forth in the amounts and under the terms provided in Exhibit "B" attached hereto and incorporated herein by this reference.. 2.00 OBLIGATIONS OF CONTRACTOR 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: CONTRACTOR agrees to devote the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner. CONTRACTOR may represent, perform services for and be employed by additional individuals or entities, in CONTRACTOR's sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with CITY's business. 2.02 I.QOLS AND INSTRUMENTALITIES: CONTRACTOR shall provide all tools and instrumentalities necessary to perform the services under this Agreement. 2.03 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and CONTRACTOR intend and agree that CONTRACTOR is an independent contractor of CITY and agrees that CONTRACTOR and CONTRACTOR's employees and agents have no right to Workers'Compensation and other employee benefits. If any worker insurance protection is desired, CONTRACTOR agrees to provide Workers' Compensation and other employee benefits, where required by law, for CONTRACTOR's employees and agents. CONTRACTOR agrees to hold harmless and indemnify CITY for any and all claims arising out of any claim for injury, disability, or death of CONTRACTOR and CONTRACTOR's employees or agents. 2.04 INDEMNIFICATION: CONTRACTOR hereby agrees to, and shall, hold CITY, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from CONTRACTOR's or any of CONTRACTOR's employees' or agents' operations under this Agreement, whether such operations be by CONTRACTOR or by anyone or more persons directly or indirectly employed by, or acting as agent for, CONTRACTOR provided as follows: a. That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the .aforesaid hold-harmless agreement, because of the acceptance by CITY, or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described. b. That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any agent or employee of CONTRACTOR regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 2.05 INSURANCE: CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance shall have been approved by CITY as to form, amount and carrier: a. Public Liability and Property Damage Insurance. CONTRACTOR shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, and CONTRACTOR and any agents and employees performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this Agreement, whether such operations be by CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR and the amounts of such insurance shall be as follows: (1 ) Public Liability Insurance. In an amount not less than $1,000,000.00 for injuries, including, but not limited to, death to anyone person and, 2 - subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of anyone occurrence: (2) Property Damage Insurance. In an amount of not less than $250,000.00 for damage to the property of each person on account of anyone occurrence. b. Comprehensive Automobile Liability. Bodily injury liability coverage of $1 ,000,000.00 for each person in anyone accident and for injuries sustained by two or more persons in anyone accident. Property damage liability of $1 ,000,000.00 for each accident. c. Workers' Compensation Insurance. In the amounts required by law as set forth in Section 2.03 above. d. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to, and approved by, CITY. CITY may require that either the insurer reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elected or appointed officials, employees, agents or volunteers; or CONTRACTOR shall procure a bond guaranteeing payment of all losses, and related investigation, claims administration and legal expenses. e. Proof of Insurance. CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this Agreement. The certificate or policy of liability of insurance shall name CITY as an additional insured with CONTRACTOR. 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONTRACTOR necessary to the performance of CONTRACTOR's duties under this Agreement. 3.02 PLACE OF WORK. CITY agrees to furnish space for use by CONTRACTOR while performing the services described in this Agreement only as set forth in Exhibit "D" attached hereto and incorporated herein by this reference. Any work space requirements not set forth in Exhibit "D" shall be the responsibility of CONTRACTOR and CONTRAC- TOR may use alternate space for performing described services. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least (30) days prior written notice to the other parties to this Agreement. 3 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of any party; b. Sale of the business of any party; c. Death of any party; d. The end of the (30) days as set forth in Section 4.01; e. End of the Agreement to which CONTRACTOR's services were necessary: or f. Assignment of this Agreement by CONTRACTOR without the consent of CITY. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party default in the performance of this Agreement or materially breach any of its provisions, a non-breaching party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on 4-12-2003 unless extended as set forth in this section. CITY, with the agreement of CONTRACTOR, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 5.00 SPECIAL PROVISIONS (Optional) 6.00 MISCELLANEOUS 6.00 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6.01 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 6.02 ASSIGNMENT: This Agreement is specifically not assignable by CONTRAC- TOR to any person or entity. Any ~ssignment or attempt to assign by CONTRACTOR, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to a right to terminate as set forth in Section 4.03. 6.03 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 4 6.04 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this Agreement, should the performance of any act required by this Agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: CITY: City of Arroyo Grande Attn: City Manager P.O. Box 550 Arroyo Grande, CA 93421-0550 CONTRACTOR: Mission Linen and Uniform Service 399 Errol Street Morro Bay, CA 93442 6.06 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises. 6.07 BINDING EFFEC.I: This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this Agreement. 6.08 SEVERABILITY: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6.09 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This 5 Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void. 6.10 TIME: Time is expressly declared to be of the essence of this Agreement. 6.11 DUE AUTHORITY: The parties hereby represent that the individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties. 6.12 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.13 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. Executed on April 12, 2000, at Arroyo Grande, California. CI ARROYO GRANDE By: Mayor ATTEST: CONTRACTOR APPROVED AS TO FORM: BUl\\~-l, By~6-Z City Arney - 6 ., EXHIBIT A SPECIFICATIONS FOR UNIFORM AND LAUNDRY SERVICE CONTRACT TERM - The uniforms bid upon, will be used by the City of Arroyo Grande for a period of three (3) years, beginning on the date the contract is signed. The prices bid must be valid for the entire period indicated. CONDITIONS FOR CANCELLATION - This agreement may be canceled by the City upon thirty (30) days written notice to the supplier for one or more of the following reasons, provided the City has given the supplier ten (10) days written notice to correct the situation: . 1. Failure of the supplier to meet service requirements, product specifications, or any other terms and/or conditions of the contract. 2. Misconduct displayed by supplier's representative. OUANTITIES REOUIRED - The quantities indicated in the Price Quotation Page are estimates based on the number of employees currently employed by the City in those Divisions to be provided with uniforms. These quantities will be used to determine the lowest overall bid. Actual quantities required during the life of the contract may vary from these estimates. DELIVERY AND MAINTENANCE - There are approximately twenty-four (24) employees working in four (4) Divisions to be supplied with five (5) uniforms weekly, pants and shirts. The vendor will maintain a stock of eleven (11) uniforms for each employee. Contractor shall be responsible for repairs and/or replacement of uniforms based on normal wear and tear, including sewing on of emblems and patches, exchanging sizes when necessary. Emblems and patches will be provided by the contractor, subject to approval by the City. All emblems and patches will be embroidered and sewn on the uniform. Each uniform supplied under these requirements shall consist of new materials of domestic manufacture. Colored items shall be vat dyed for maximum color retention. All uniforms shall be weekly laundered, pressed and delivered on hangers. Uniforms will not be accepted if they are soiled or improperly cleaned. All uniforms are to be new for all employees. Unit price to include weekly pick-up of soiled uniforms and delivery of clean ones to each Division within the City, at a specified time and day, at the following locations: Corporate Yard - 1375 Ash Street City Hall - 214 East Branch Street Each Division will have the color and style of uniform specified by the City and will have a choice of long or short sleeve. All trousers are to be no less than 9 oz. weight, with the choice of western or regular cut. Jackets and coveralls will be purchased by the City and laundered. Contractor shall be responsible for all measurements and fitting of each employee. New employees will be furnished with uniforms at the same rate when proper notification is given by the City, and shall be supplied within four (4) weeks of the giving of measurements. Supplier shall process garments on his own premises in accordance with the standards required by the City, County, and State Public Health Agencies. Bidder shall provide a list of styles and colors available with the bid. - The Contractor will supply one hundred fifty (150) shop towels (dyed) for Auto Shop to be laundered every other week. The Contractor will supply fifty (50) shop towels (white) for the Print Shop to be laundered every other week. The Contractor will supply fourteen (14) floor rugs for various buildings to be laundered every other week. All other charges and/or special services must be included in the proposal and will be considered.by the City before awarding this contract. They include but are not limited to: prep charges (set up charges), repair charges, counting of towels and uniforms, sewing fees, towel replacement costs, depreciation for loss charges, credit given for vacation (how long), etc. -_._~_._- . . ".",. :s- J',. (:>.It.. EXHIBIT B CITY OF ARROYO GRANDE PUBLIC WORKS DEPARTMENT FIELD DIVISION QUOTATION PAGE NUMBER OF NO. UNITS UNIT TOTAL ARTICLE EMPLOYEES PER WEEK PRICE PRICE 1. TROUSERS 24 120 $ .30 $ 36.00 2. SHIRTS 24 120 $ .29 $ 34.80 SUB TOTAL $ 70.80 TOTAL $ 70.80 DIVISION EMBLEMS - to be provided by the vendor, for all shirts, coveralls and jackets, over the left front pocket. (One time charge). $ N/C N'/c $ CITY EMBLEMS - To be provided by the vendor to the left sleeve, 2" down from the shoulder on all shirts, coveralls and jackets. (One time charge). i $ N/C $ N/C NAME TAGS - To be provided by the vendor, for all shirts, coveralls and jackets over the right front pocket. (One time charge). $ N/C $ N/C PRICE FOR JACKETS, BOUGHT OUTRIGHT $ 24.50 (1) PRICE FOR COVERALLS, BOUGHT OUTRIGHT $ 23.50 (1) Cost to launder jacket $ .85e Cost to launder coveralls $ .85e MOP HEADS ONCE PER MONTHS (8-24") $ .95e $ 1.90 (2) (4-26") $ 1.25 $ 1. 25 (2) SHOP TOWELS (DYED) EVERY OTHER WEEK (150) $ .05e $ 3.75 (2) SHOP TOWELS (WHITE) EVERY OTHER WEEK (50) $ .05e $ 1.25 (2) FLOOR RUGS EVERY OTHER WEEK (14) (7 - 4' x 6') $ 3.50 $ 12.25 (2) (7 - 3' x 4') $ 2.20 $ 7.90 (2) REPLACEMENT OF LOST OR DESTROYED ARTICLES Trousers $ 11. 50 Mop Head 24" $ 5.00 Shirt $ 8.95 36" $ 6.00 Shop Towels $ .26e Shop Towels $ .26e (1) Prices may vary depending on size or blend of garment (2) Prices based on average weekly volume. . Attachment 2 AGREEMENT FOR SERVICES OF CONTRACTOR AMENDMENT NO.1 The Agreement for Services of Contractor by and between the CITY OF ARROYO GRANDE AND MISSION LINEN AND UNIFORM SERVICES dated April 12, 2000 is hereby amended this 8th day of April, 2003 to be extended an additional three (3) months and shall terminate on July 8, 2003. All other terms and conditions set forth in said Agreement for Services of Contractor shall remain unchanged. IN WITNESS WHEREOF, CITY AND CONTRACTOR have executed this amendment the day and year first written above. MISSION LINEN AND UNIFORM SERVICES By: CITY OF ARROYO GRANDE By: Tony M. Ferrera, Mayor Attest: Kelly Wetmore Director of Administrative Services/Deputy City Clerk . . ~ 11 Mission ~ Linen Supply Attachment 3 MISSION UNEN & UNIFORM SERVICE 3-1 0-03 City of Arroyo Grande 214 E Branch Arroyo Grande 93420 Attn: Shane Taylor Hello Shane, in regards to the uniform contract we currently have in place, Mission Linen Supply would like to extend the current rental agreement, expiring on April 12 2003, for an additional 3 years. The same terms for service that we currently have would apply. Please contact me if you have any questions or concerns. Thank you, ~~ ~ Trevor Smith Mission Linen Supply 399 Errol SI. Morro Bay CA. 93442 (805) 772-4451 ,--" Attachment 4 CITY OF ARROYO GRANDE PUBLIC WORKS DEPARTMENT FIELD DIVISION 1375 ASH STREET ARROYO GRANDE, CALIFORNIA 93420 Opening Date: May 8, 2003 Mailing Date: April 1 0, 2003 NOTICE INVITING BIDS FOR: UNIFORM RENTAL AND REI ATFD SERVICES GENERAl BID PROPOSAL PROVISIONS Sealed bid proposals will be received by the Public Works Department of the City of Arroyo Grande until 2:00 p.m. on May 8, 2003, at which time they will be publicly opened and read in the Council Chambers, located at 215 East Branch Street, Arroyo Grande, California 93420. Bid proposals delivered after the aforementioned time and date will not be considered and will be returned unopened to the bidder. Quote net prices on all items. Firm prices for material will be quoted on the basis of FOB City of Arroyo Grande, California. Bid prices will be firm for sixty (60) days. Federal Excise Tax, which the City does NOT pay, shall not be included. The Public Works Director will sign the necessary excise tax exemption certificates. The City DOES pay California Sales Tax (7.25%). This item should be shown separately on the bid blank, if applicable. The City's payment terms are thirty (30) days from the receipt of an original invoice and acceptance of the materials, supplies, equipment, or services (Net 30). References in the specifications to any material, item of equipment, or type of construction by manufacturer's name, make, catalog number or other proprietary identification shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition. If altered products are offered, state make and stock number of each item. Bidder will furnish complete description of material and note any deviation from specifications and explain same in writing at time of bid. ."_.. -------- Inquiries regarding the specifications on this bid should be directed to: Shane M. Taylor Public Works Supervisor 805-473-5464 The City of Arroyo Grande reserves the right to reject any or all bids and/or to waive any informality in any bid and to sit and act as the sole judge of the merit and qualifications of the material offered. No bid will be accepted by the City of Arroyo Grande unless submitted on bid form provided for that purpose in a sealed envelope with bidder's name and address in the upper left corner of the envelope. Telephone quotes will NOT be accepted. The bidder shall not assign, transfer, conveyor otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City Council of the City of Arroyo Grande or its agent. Bid proposals shall be delivered by MAIL (including SPECIAL DELIVERY and OVERNIGHT EXPRESS Mail) to: Kelly Wetmore Director of Administrative Services/Deputy City Clerk City of Arroyo Grande P. O. Box 550 Arroyo Grande, California 93421 Bid proposals shall be delivered by HAND, UNITED PARCEL SERVICE, FEDERAL EXPRESS or SPECIAL MESSENGER to: Kelly Wetmore Director of Administrative Services/Deputy City Clerk City of Arroyo Grande 214 East Branch Street Arroyo Grande, California 93420 "-- ~ Attachment 5 SPECIFICATIONS FOR UNIFORM AND LAUNDRY SERVICE CONTRACT TERM - The uniforms bid upon, will be used by the City of Arroyo Grande for a period of three (3) years, beginning on the date the contract is signed. The prices bid must be valid for the entire period indicated. C~NDITIONS FO~ CANC~LI A TION - ThiS. agreement may be canceled by the City upon thlrt~ (30) day.s wntten notice to the supplier for one or more of the following reasons, provided the City has given the supplier ten (10) days written notice to correct the situation: 1. Failure of the supplier to meet service requirements, product specifications, or any other terms and/or conditions of the contract. 2. Misconduct displayed by supplier's representative. QUANTITIES REQUIRED - The quantities indicated in the Price Quotation Page are estimates based on the number of employees currently employed by the City in those Divisions to be provided with uniforms. These quantities will be used to determine the lowest overall bid. Actual quantities required during the life of the contract may vary from these estimates. DF:LIVERY AND MAINTENANCE - There are approximately twenty-five (25) employees working in four (4) Divisions to be supplied with five (5) uniforms weekly, pants and shirts. The vendor will maintain a stock of eleven (11) uniforms for each employee. Contractor shall be responsible for repairs and/or replacement of uniforms based on normal wear and tear, including sewing on of emblems and patches, exchanging sizes when necessary. Emblems and patches will be provided by the contractor, subject to approval by the City. All emblems and patches will be embroidered and sewn on the uniform. Each uniform supplied under these requirements shall consist of new materials of domestic manufacture. Colored items shall be vat dyed for maximum color retention. All uniforms shall be weekly laundered, pressed and delivered on hangers. Uniforms will not be accepted if they are soiled or improperly cleaned. All uniforms are to be new for all employees. Unit price to include weekly pick-up of soiled uniforms and delivery of clean ones to each Division within the City, at a specified time and day, at the following locations: Corporate Yard - 1375 Ash Street City Hall - 214 East Branch Street Each Division will have the color and style of uniform specified by the City and will have a choice of long or short sleeve. All trousers are to be no less than 9 oz. weight, with the choice of western or regular cut. Jackets and coveralls will be purchased by the City and laundered. Contractor shall be responsible for all measurements and fitting of each employee. New employees will be furnished with uniforms at the same rate when proper notification is given by the City, and shall be supplied within four (4) weeks of the giving of measurements. Supplier shall process garments on his own premises in accordance with the standards required by the City, County, and State Public Health Agencies. Bidder shall provide a list of styles and colors available with the bid. The Contractor will supply one hundred fifty (150) shop towels (dyed) for Auto Shop to be laundered every other week. The Contractor will supply fifty (50) shop towels (white) for the Print Shop to be laundered every other week. The Contractor will supply fourteen (14) floor rugs for various buildings to be laundered every other week. All other charges and/or special services must be included in the proposal and will be considered by the City before awarding this contract. They include but are not limited to: prep charges (set up charges), repair charges. counting of towels and uniforms, sewing fees, towel replacement costs, depreciation for loss charges, credit given for vacation (how long), etc. - --'- -- Attachment 6 CITY OF ARROYO GRANDE PUBLIC WORKS DEPARTMENT FIELD DIVISION QUOTATION PAGE NUMBER OF NO. UNITS UNIT TOTAL ARTICLE EMPLOYEES PER WEEK PRICE PRICE 1. TROUSERS 25 125 $ $ 2. SHIRTS 25 125 $ $ SUB TOTAL $ TOTAL $ DIVISION EMBLEMS - to be provided by the vendor, for all shirts, coveralls and jackets, over the left front pocket. (One time charge). $ $ CITY EMBLEMS - To be provided by the vendor to the left sleeve, 2" down from the shoulder on all shirts, coveralls and jackets. (One time charge). $ $ NAME TAGS - To be provided by the vendor, for all shirts, coveralls and jackets over the right front pocket. (One time charge). $ $ PRICE FOR JACKETS, BOUGHT OUTRIGHT $ PRICE FOR COVERALLS, BOUGHT OUTRIGHT $ Cost to launder jacket $ Cost to launder coveralls $ MOP HEADS ONCE PER MONTHS (8-24") $ $ (4-26") $ $ SHOP TOWELS (DYED) EVERY OTHER WEEK (150) $ $ SHOP TOWELS (WHITE) EVERY OTHER WEEK (50) $ $ FLOOR RUGS EVERY OTHER WEEK (14) (7 - 4' x 6') $ $ (7 - 3' x 4') $ $ REPLACEMENT OF LOST OR DESTROYED ARTICLES Trousers $ Mop Head 24" $ Shirt $ 36" $ Shop Towels $ Shop Towels $ Attachment 7 CITY OF ARROYO GRANDE PUBLIC WORKS DEPARTMENT VENDOR BID LIST 1. AmeriPride Uniform Services 1850 Ramada Drive, Unit #2 Paso Robles, CA 93446 Attn: Steve Plescia 2. Aramark Uniform Services 15372 Cobalt Street Sylmar, CA 91342 Attn: Paul HinsonlTom Smith 3. Mission Linen & Uniform Service 399 Errol Street Morro Bay, CA 93442 Attn: Dave Hergenroeder 8.h. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER IJr SUBJECT: CONSIDERATION TO SOLICIT PROPOSALS FOR THE CITYWIDE TRAFFIC MONITORING PROGRAM AND RETAINER SERVICES TO PREPARE AND REVIEW TRAFFIC STUDIES DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council authorize the distribution of the attached Request for Proposals (RFP) for professional services for the Citywide Traffic Monitoring Program and retainer services to prepare and review traffic studies. FUNDING: The amended FY 2002-03 Capital Improvement Program budget includes $25,000 for a traffic monitoring program. Services to prepare and review traffic studies will be provided on an as needed basis and funded by each land development applicant. DISCUSSION: The professional services being solicited include an update to the City's traffic model with special emphasis on roadways with operational deficiencies, and retainer services to perform and review traffic studies as required by the City's traffic guidelines. As part of the General Plan update, the City was provided with a traffic model. In order to remain a useful tool in analyzing existing and future traffic conditions, the model needs to be updated periodically. Services to be provided include obtaining traffic counts, updating the traffic model and identification of capital projects. Services are also being requested to prepare and review traffic studies for land development projects. Land development projects that are anticipated to generate 20 or more peak hour vehicle trips are required to prepare a traffic study in accordance with the City's Traffic Impact Study Policy. Applicants will have the option to use the City's consultant to prepare traffic studies or to review studies prepared by other traffic consultants. Applicants will benefit because the studies can be prepared in a more timely and cost effective basis. The City will benefit because the studies will be based on consistent data and methodologies and data prepared for individual studies will be added to the model on an ongoing basis. CITY COUNCIL CONSIDERATION TO SOLICIT PROPOSALS FOR THE CITYWIDE TRAFFIC MONITORING PROGRAM AND RETAINER SERVICES TO PREPARE AND REVIEW TRAFFIC STUDIES APRIL 8, 2003 PAGE 2 Staff is recommending that these services be provided for three (3) years to provide consistency in updating and calibrating the model and developing a working knowledge of the ongoing development projects. AL TERNA TIVES; . Approve staff's recommendation; . Do not approve staff's recommendation; . Modify staff's recommendation as appropriate and approve; or . Provide direction to staff. Attachments: 1. List of consultants to be solicited 2. Request for Proposals jep:232.0203(19)\Traffic MonitoringlAuthorize RFP Dlstribution.doc LIST OF CONSULTANTS TO RECEIVE CITYWIDE TRAFFIC MONITORING PROGRAM AND RETAINER SERVICES TO PREPARE AND REVIEW TRAFFIC STUDIES REQUEST FOR PROPOSAL Keith Higgins Higgins Associates 1335 First Street, Suite A Gilroy, CA 95020 (408) 848-3122 Martin Inouye Omni- Means 3001 Douglas Boulevard, Suite 300 Roseville, CA 95661 (916) 782-8688 Charles Clouse, AICP TPG Consulting Inc. 679 Monterey Street San Luis Obispo, CA 93401 (805) 547-9498 Keith Franklin Associated Transportation Engineers 100 N. Hope Avenue, Suite 4 Santa Barbara, CA 93110 (805) 687-4418 Stephen A. Orosz, PE Orosz Engineering Group, Inc. 1627 Calzada Avenue Santa Ynez, CA 93460 (805) 688-7814 April 9, 2003 Consultant Contact Firm Name Address 1 City, State and Zip Code Subject: Request for Proposal - Citywide Traffic Monitoring Program and Retainer Services to Perform and Review Traffic Studies Dear Consultant Contact: The City of Arroyo Grande is inviting proposals for professional services to update to the City's traffic model with special emphasis on roadways with operational deficiencies, and retainer services to perform and review traffic studies as required by the City's traffic guidelines. If you wish to provide the City with a proposal for professional engineering services for this project, please review the attached Request for Proposal (RFP) and submit your sealed proposal by 5:00 p.m., Friday, May 9, 2003. If you have any questions regarding this RFP, please contact Don Spagnolo, Director of Public Works/City Engineer, at (805) 473-5440. Sincerely, Don Spagnolo, P.E. Director of Public Works/City Engineer CITY OF ARROYO GRANDE REQUEST FOR PROPOSALS FOR CITYWIDE TRAFFIC MONITORING PROGRAM AND RETAINER SERVICES TO PREPARE AND REVIEW TRAFFIC STUDIES PUBLIC WORKS DEPARTMENT CITY OF ARROYO GRANDE 208 EAST BRANCH STREET P.O. BOX 550 ARROYO GRANDE, CA 93421 APRIL 2003 CITY OF ARROYO GRANDE REQUEST FOR PROPOSALS CITYWIDE TRAFFIC MONITORING PROGRAM AND RETAINER SERVICES TO PERFORM AND REVIEW TRAFFIC STUDIES I. PROPOSAL INTENT The City of Arroyo Grande, California intends to contract for professional services to update the Cities traffic model with special emphasis on roadways with operational deficiencies. Said contractor shall also provide retainer services to perform traffic studies as required by the City's traffic guidelines. This will allow new projects the option of easily utilizing the City's traffic data. These services will be contracted for a 3-year period. Components include budgetary cost estimates, project priorities, and a long-term capital improvement program for roadways determined to be deficient. II, BACKGROUND The City of Arroyo Grande is a full-service city with a population of 16,426 people. It is located on the Central Coast of California midway between Los Angeles and San Francisco. Arroyo Grande has a goal to maintain an acceptable Level of Service (LOS) of C or better on all streets and controlled intersections as established by the LOS and Traffic Study Guidelines, which were revised on March 12, 2002 (See Appendix A). The policy requires that a complete and thorough study will typically be required for a development proposal when trip generation during any peak hour is expected to exceed 20 trips. This study is the responsibility of the applicant, and the engineer who performs the study must be from the City's approved list of traffic consultants. The City analyzes the traffic network with the MINUTP traffic-modeling program. Most of the ongoing operation of MINUTP model consists of updating the land use file. This file is a text (ASCII) file, which lists land use parameters in tabular form and may be edited with any simple word processor or spreadsheet program. The files required to run the model may be set as executable (.EXE) files, which can be run from either DOS or Windows environments. Once the model runs have been completed, other sets of executable files are selected to extract the desired statistics from the model (ADT, peak hour volumes, delay, segment LOS, etc.). Modification of the network would require running the MINUTP network editor, and could have consequences on the setup of the executable files. Given that intersection LOS analysis will be performed using Traffix, this software may also be used to evaluate the impact of projects that may not be handled by the MINUTP model. The information gathered from these reports would best benefit the City, as well as future development proposals, if it was gathered in a central location and incorporated into the City's traffic model. It is the City's intent to hire a contractor who can create a baseline for the work and maintain it on an ongoing basis. Applicants requiring a traffic study will be provided the option of utilizing the City's traffic consultant or contracting with their own. Approximately 5-10 studies are anticipated per year. III. SCOPE OF WORK Consultant shall perform the following services: A, Traffic Model Update: 1. Consultant shall work with the City of Arroyo Grande to refine the scope of work for the traffic-monitoring program. Possible changes to the scope of work include changes to the traffic data collection plan, scope of traffic analyses performed, and intersections and street segments to be studied. The level of detail and scope for the traffic-related capital improvement recommended changes to data collection and/or traffic analysis, as well the intersections and street segments to be studied, will be coordinated with City staff. 2. Consultant shall collect data on street segments including vehicle classification counts; traffic counts for summer and winter months, and vehicle speed. Consultant shall collect information on intersections including pedestrian volumes, AM and PM peak period turning movement volumes. truck volumes and bus volumes. Use of Professional Engineers Traffic and Analysis (PETRA) software is preferred. 3. Consultant shall organize data to describe operating conditions at the surveyed locations. The Consultant will update specialized traffic studies and current year traffic models with the traffic volume information obtained. The analysis and information from this study will be the baseline for future traffic studies and as such should include: a. Existing lane configuration. b. Existing traffic control. c. Existing VC (Village Commercial) and average vehicle delay. d. Existing LOS. e. Existing pedestrian volume or other special conditions. which may be related to the need for additional traffic controls or signals. f. Traffic signal warrants, stop sign control warrants and other traffic control warrants. 2 g. Existing ADT (Average Daily Trips). h. Posted speed limit. i. Identification of other special conditions, which may impact traffic control. j. Recommended capacity improvements for intersections that fall below LOS C. k. Recommended channelization improvements. I. Recommended other miscellaneous improvements, which may improve LOS or safety. 4. Consultant shall utilize the travel data collected to validate the regional traffic model that was developed for the City's General Plan. In addition, traffic analysis zone coverage will be created to account for existing and planned land uses. Land uses will be updated on an on-going basis, compiled annually, and be accounted for in both the travel demand model and the TAZ (Traffic Analysis Zones) map. Traffic volume maps will be created and made available to City decision makers to illustrate the potential of changing traffic patterns. Intersection and street segment operations will be updated and improvements required to achieve satisfactory operations will be identified. 5. Consultant shall provide a comprehensive report documenting intersection and street segment volumes and levels of service, basic accident statistics, and intersection and street segment geometrics. The information in this report will provide the technical data required to identify existing deficient locations and suggest improvements. In addition, the report will describe the program methodology, results, supportive data, capital improvement requirements and future monitoring recommendations, and other pertinent information. Three draft copies of the report will be prepared incorporating City staff comments. Three copies of the final report with executive summary and three separately bound copies of the executive summary will be transmitted to the City for each year of the study. A database containing all pertinent data collected at intersections and on segments will be developed. Traffic volume data and LOS will be summarized in Excel spreadsheets and illustrated in GIS displays. The database will be submitted with the final report on a 3.5" floppy disk, a CD, or a zip disk. Consultant shall also deliver GIS (Geographic Information Systems) plots that describe peak hour intersection and daily street segment volumes in the existing conditions scenario and the 2020 scenario. 6. Consultant shall identify improvements that may affect the operation of the intersection or street segment that fall below the LOS C standard, or are anticipated to fall below LOS C in the near future. The improvements will be prioritized and recommendations regarding staging or phasing of the improvements will be made, if applicable. The improvement 3 recommendations will be included in the final as well as annual reports with a description of the criteria utilized to prioritize the improvements. B. Preparation of Traffic Studies 1. Consultant should provide retainer services for new projects that require the use of a City approved traffic consultant. Development proposals, as well as existing projects in need of new or recurring traffic studies, will be given the option of utilizing the City's traffic consultant or finding their own. 2. Traffic Studies shall be prepared in accordance with the City's existing guidelines, which are attached (See Appendix A). 3. Consultant shall make ongoing recommendations regarding future monitoring of intersections and street segments. Future monitoring recommendations and general criteria for selecting locations to be surveyed will be included in the reports. C, Meetings 1. One City Council meeting per year will be attended to present the results of the study, if requested by City Staff. Consultant will prepare appropriate exhibits for the presentation. 2. During the course of the study, two informal meetings per year with the City Staff will be attended to discuss the progress of the study and to resolve any outstanding issues. Following the draft report, one meeting with the City staff will be attended to present the findings of the annual results and discuss the study recommendations. IV. PROPOSAL FORMAT AND CONTENT Firms desiring to respond shall make their proposals brief and concise, yet with sufficient detail to allow for a thorough evaluation. Proposals shall be limited to 30 pages. Each proposal shall include as a minimum the following information in this format: A. Introduction Present an introduction to the proposal describing the firm's understanding of the desired work. List all proposed sub-consultants, if any. B. Qualifications Include a brief description of the firm's background, experience with similar 4 projects, and resumes of key personnel proposed to work on the project. Provide the same for each sub-consultant, if applicable. C. Work Plan Provide a project schedule that proposes how to carry out the tasks set forth in Section III - Scope of Work. Schedule shall include the type of equipment to be used, set up of equipment and wiring, any special electrical or other needs, personnel, and services provided. D. Costs Services for traffic studies are assumed to be provided on a contingency basis, which should be verified in the proposal. Include a cost proposal as follows: 1. Total fee for update of the traffic model. 2. Rate Schedule for preparation of the traffic studies. E. References List former clients for whom similar or comparable services have been performed. Include the name, mailing address, and telephone number of the appropriate contact person. V, LIABILITY INSURANCE The consultant will be required to maintain the following insurance coverage throughout the term of the project and shall provide City evidence of such coverage: A. Public liability insurance in an amount not less than $1,000,000 for injuries, including, but not limited to, death to any person and, subject to the same limit for each person, in an amount not less than $1,000,000 on account of anyone occurrence. B. Property damage insurance in an amount of not less than $250,000 for damage to the property of each person on account of anyone occurrence. C. Comprehensive automobile liability insurance in an amount of not less than $2,000,000 per accident for bodily injury and property damage. D. Workers' Compensation Insurance in the amount required by law. E. Employer's Liability Insurance in the amount of $1,000,000 per accident for bodily injury or disease. 5 -. VI. SELECTION PROCESS A review committee will make recommendation to the City Council for award of the contract. An oral interview by the panel may be requested. It is in the interest of the city to select a consultant to perform both the traffic model update and the preparation of traffic studies. However, the City reserves the right to select individual consultants for each work program - based on the responses to the proposal. Proposals will be evaluated and rated based upon the following criteria: A. Relative experience and qualifications B. Ability of equipment to meet the needs of the City C. Ability of proposed approach to meet the needs of the City D. Cost VII. SCHEDULE Proposals due . May 9,2003 Interviews (if requested) . May 23. 2003 City Council consideration . June 10, 2003 VIII. SUBMITTAL A. Submit a total of 4 copies to: Kelly Wetmore, Director Administrative Services P.O. Box 550 214 East Branch Street Arroyo Grande. CA 93421 B. Show the following information on the outside of the package: . Consultant's name and address . City Wide Traffic Monitoring Program Proposal C. The proposal must be received at the above address by the closing date and time. Firms mailing or shipping their proposals must allow sufficient delivery time to ensure timely receipt of their proposals by the time specified. Late proposals will not be accepted. D. Closing Date: All proposals must be received by Fridav. Mav 9. 2003 at 5:00 p.m. 6 E. The City reserves the right to reject any or all proposals for any or no reason. F. For more information, please contact Don Spagnolo. Director of Public Works/City Engineer, at (805) 473-5440. 7 CITY OF ARROYO GRANDE PUBLIC WORKS DEPARTMENT TRAFFIC IMPACT STUDY POLICY Adopted February 12, 2000 Revised March 12, 2002 TRAFFIC IMPACT STUDY POLICY Responsibilities for Traffic Studies Traffic studies may be required by the City in order to adequately assess impacts of a development proposal on the existing and/or planned street system. These impacts would typically be addressed in the ''Traffic Circulation" section of an Environmental Impact Report (EIR). If a full EIR is not required, a focused EIR, or an expanded initial study addressing traffic impacts only, may be required. The decision to require an EIR will be made cooperatively by the City's Public Works and Community Development Departments. A complete and thorough study will be required for a development proposal when the projected trip generation during any peak hour is equal to or greater than 20 trips or the thresholds provided in Table 1. The City may recommend an EIR or focused EIR on traffic for projects with a peak hour trip generation of less than 20 trips because of safe access concems, public opposition to the project, or when existing levels of service on area streets are at "0," "E," or "F." This study will be the responsibility of the applicant. All traffic studies must be prepared by a registered professional Traffic or Civil Engineer with adequate experience in Transportation Engineering. The Engineer must be from the City's approved list of Traffic Consultants. If required, the applicant must contract with the City for payment, and the City will contract with the Traffic Consultant selected by the applicant from the City's approved list of consultants. Upon submittal of a draft traffic study, the Public Works Department will review study data sources, methods, and findings. Written comments will be provided. The developer and the private engineer will then have an opportunity to incorporate necessary revisions prior to submitting a final report. Final reports must be completed and submitted within 14 days after staff comments on the draft are retumed to the consultant, or as otherwise dictated by contract. If this requirement is not complied with, applications will be deemed incomplete and returned to the developer. The City Engineer will determine whether applicants will be required to either amend previously submitted traffic studies, or complete new studies, should the following situations occur: a. The land use intensity is increased, or b. The land use is changed, resulting in a trip generation increase and the existing level of service at area intersections are at LOS D, E, or F. 1 All previous EIR's traffic studies relating to the development that are more than three years old will have to be updated. The City Engineer and Community Development Director will determine when a supplemental or subsequent EIR is required. If access points are not determined at the time the traffic study is prepared, an amended traffic study may be required when access points are determined. Transportation consultants preparing traffic studies are required to hold a meeting to discuss projects with the City staff prior to starting the study. At a minimum, topics for possible discussion at this meeting will include trip generation, directional distribution of traffic, trip assignment, definition of the study area, intersections requiring critical lane analysis, data collection and analysis, and methods of projecting cumulative traffic demands at buildout conditions. This meeting is intended to provide a firm base of cooperation and communication among the City, the owner or developer, and the project's consultants in order to forecast future traffic characteristics that realistically define traffic movement associated with the proposed development. Specific requirements will vary depending on the site location. Any traffic model input should be coordinated at this stage. No traffic study will be accepted unless the EIR Work Scope, provided in Exhibit 1, as filled out by the City prior to the consultant preparing the traffic study, and is adhered to by the consultant unless otherwise directed by the City Engineer. As a general rule, any intersection located within two miles of the proposed project will be automatically included in the EIR Scope of Work. Intersections beyond this distance may be required based on the travel characteristics of each project. Traffic counts may be provided by the City to the traffic consultant if available. Otherwise, the consultant will have to obtain their own traffic count data. Traffic Study Format In order to provide consistency and facilitate staff review of traffic studies, the following format must be followed as outlined below. A summary outline is provided in Attachment 7. Introduction The introduction portion of the report must contain the following: a. Land Use, Site and Stud v Area Boundaries A brief description of the size of the parcel, general terrain features, and location within the City must be included in this section. In addition, the roadways that afford access to the site, and are included in the study area, must also be identified. 2 The exact limits of the study area should be based on the potential impact of the proposed project on the City's street network, and an understanding of existing traffic conditions surrounding the site. In all instances, however, the study area limits must be mutually agreed upon by the consultant and the City Engineer, and justified in the report. These limits will usually result from initial discussions with the City. A vicinity map which illustrates the site and study area boundaries, in relation to the surrounding transportation system, must be included. b. ExistinQ and Proposed Site Uses The existing and proposed uses of the site must be identified in terms of the various zoning categories of the City. In addition, the specific use for which the request is being made must be identified, if possible, since a number of uses may be permitted under existing zoning ordinance. This information will include the square footage of each use or number and size of units proposed and, if applicable, the hours of operation of the use. The intent of the traffic study is to evaluate worst case traffic impacts proposed by zoning. If several different uses are permitted by the zoning, the land use with the greatest overall traffic impact must be assumed for the study. c. ExistinQ and Proposed Uses in Vicinitv of Site and Site Access A complete description of all unbuilt but approved developments within the study area and their approved future uses must be provided. If approved uses are not available, a City approved estimate of the probable future uses, based on zoning designations, will be provided. The latter is especially important where large tracts of undeveloped land are in the vicinity of the site, and within the prescribed study area. The most current list of unbuilt but approved developments must be obtained from the Community Development Department. One hundred percent (100%) occupancy must be assumed for all developments in the cumulative analysis. A site plan must be included in the report, showing the proposed points of access. If necessary, a separate large-scale blueprint of the site plan may accompany the report. d. ExistinQ and Proposed Roadwavs and Intersections Within the study area, the applicant must describe and provide volumes for existing roadways and intersections including geometric and traffic signal control, as well as improvements that have been funded by government agencies or other developments. This list would include the nature of the improvement 3 project, its extent, implementation schedule, and the agency or funding source responsible. An official list of projects must be obtained from the City. This would include the nature of the improvement project, its extent, implementation schedule, and the agency or funding source responsible. A map must be provided showing the location of such facilities or projects. Proiect Trip Generation and Desiqn Hour Volumes A summary table listing each type of land use, corresponding size, the average trip generation rates used (total daily traffic and AM/PM peak hours of the street), and the resultant total trips generated must be provided for the project site and all unbuilt but approved projects, projects in process and projects with preapplications within the study area. The current list of projects to be included in the cumulative analysis must be obtained from the Community Development Department. Peak hour is defined as the period occurring during any weekday in a one-hour period between 6:00 to 6:30 p.m., or as determined by the City. The City Engineer shall approve the peak hour to be analyzed prior to any data collection efforts. The calculation of design hour and daily traffic volumes used to determine study area impacts must be based on the maximum area allowed under existing zoning (or proposed zoning if the property is to be rezoned) and the following trip generation data sources: a. The trip generation rates provided in the San Diego Association of Governments Trip Generation manual. b. Traffic volume counts shall not be more than three years old for an acceptable number of similar existing uses if no published rates are available. Counts of this nature must be acceptable to the City Engineer. c. Additional sources from other jurisdictions, such as Caltrans, if approved by the City Engineer. d. For mixed-use developments, if SANDAG rates are used to estimate average daily traffic, the peak hour of the street may be estimated by using 10% of total average daily traffic. Use of any other factor must be validated by 24 hour traffic counts collected at 15 minute intervals. e. Existing intersection and average daily volumes as collected for the study or provided by the City. Use of percentage rates to account for passerby traffic may be considered, upon approval of the City Engineer. 4 Any internal trip reductions and modal split assumptions will require analytical support to demonstrate how the figures were derived and will require approval by the City Engineer. Trip Distribution The estimates of percentage distribution of trips from the proposed development to destinations both within and outside the City must be clearly stated in the report. The distribution estimates shall be reviewed and approved by the City prior to completion of the report. Market studies, employee address lists, driveway counts at adjacent uses, or other information concerning origin of trip attractions to the proposed development, may be used to check trip distribution projections. A map showing the percentage of site traffic on each street, based on average daily volumes, must be provided as part of the traffic study graphic material. Trip AssiQnment The directions of approach and departure of site generated traffic, via the area's street system, must be presented in the report. The technical analysis steps, basic methods, and assumptions used in this work must be clearly stated and approved by the City Engineer. The assumed trip distribution and assignment must represent the most logically traveled route for drivers accessing the proposed development. These routes can be determined by observation of travel patterns to and from existing land uses in the study area. ExistinQ and Projected Traffic Volumes Graphics must be provided in the report that show the following traffic impacts for private access points, intersections and streets specified in the Traffic Study Requirements form. a. Peak hour site traffic (in and out) including turn movements. b. Peak hour traffic totals including site generated traffic (in and out). These volumes must include through and turning movement volumes for current conditions and a separate set of numbers, which include all projects, specified in the cumulative analysis. c. Any other peak hour which is determined by the City to be critical to site traffic and the street system in the study area should be included in the graphics and show the same information provided for the peak hours; for example, 5 recreational, seasonal, and school related traffic may generate different peak hour trips. d. Actual counts of existing total daily traffic for the street system in the study area at the time the study is prepared. e. Projected total daily traffic for the street system in the study area, based on traffic from the proposed development and counts of existing daily traffic obtained in item "d." The component of the existing daily traffic, attributable to existing uses, must be identified, as well as the increase in total daily traffic from proposed uses in the project. f. Projected total daily traffic for the street system in the study area, based on traffic from the proposed development, counts of existing daily traffic obtained in item "d" above, and traffic projections based on all projects specified in the cumulative analysis. Where necessary, volume projections for background traffic growth will be provided by the City, or alternatively, a method for determining the volume will be recommended. All total daily traffic counts must be actual machine counts and not based on factored peak hour sampling. Latest available machine counts from Caltrans, may be acceptable, if not more than one year old as approved by the City Engineer. All new average daily traffic counts shall be collected a minimum of 72 hours in 15 minute intervals. Vehicle classification counts may be required. The City Engineer shall approve traffic count locations and data analysis methodology prior to obtaining new counts. All raw traffic count data shall be provided to the City Engineer in a Technical Appendix separate from the Traffic Study. Capacity Analysis All impacted public street intersections and private property access points to streets adjacent to the proposed development, as specified in the EIR Scope of Work Form, and within the limits of the previously defined study area, will be included in the analysis. The average peak hour and any other peak period specified by the City, will be tested to determine which peak hours need to be analyzed. Capacity calculations should also include an analysis for cumulative impacts. The capacity analysis methodology described in the Highway Capacity Manual shall be used for all roadway facilities. At four-way stop sign intersections, estimates of delay per vehicle and queue lengths on critical approaches must be provided. 6 Levels of Service Level of service "c" will be the Peak Hour design objective for all movements, including cumulative traffic at build-out of the study area. Where deficiencies exist, mitigate to an LOS '0' at a minimum and plan improvement to achieve LOS 'C' (LOS 'E' or 'F' unacceptable = significant adverse impact unless a Statement of Overriding Considerations or CEQA Findings approved). The design and funding for such planned improvements shall be sufficiently definite to enable construction within a reasonable period of time. The traffic study must recommend feasible mitigation measures to bring the intersection Level of Service within acceptable standards, except where mitigation measures have already been identified in the City's Capital Improvement Program and funded as part of the City's Traffic Mitigation Fee Program. At such locations, the potential for interim measures to improve the Level of Service shall be analyzed. Interim improvements shall be approved by the City Engineer and funded by the development. The following interpretations of "Level of Service" have been provided: Level of Service A: A condition of free unobstructed flow, no delays and all signal phases sufficient in duration to clear all approaching vehicles. Level of Service B: Conditions of stable flow, very little delay, a few phases are unable to clear all approaching vehicles. Level of Service C: Conditions of stable flow, delays are low to moderate, full use of peak direction signal phase(s) is experienced. Level of Service D: Conditions approaching unsuitable flow, delays are moderate to heavy, significant signal time deficiencies are experienced for short durations during the peak traffic period. Level of Service E: Conditions of unstable flow, delays are significant, signal phase timing is generally insufficient, and congestion exists for extended durations throughout the peak period. Level of Service F: Conditions at forced flow, travel speeds are low and voiumes are well above capacity. This condition is often caused when vehicles released by an upstream signal are unable to proceed because of backups from a downstream signal. 7 For existing and future conditions, Levels of Service must be calculated by the method outlined in Section 3 of this Technical Appendix. Where available, existing Levels of Service will be certified and supplied by the City. All Levels of Service must be provided with corresponding volume to capacity ratios. The capacity of an intersection is defined as Level of Service E for the purpose of calculating V/C ratios. Drawings of Lane Configurations assumed in Levels of Service Calculations should be included in the report, as required by the City. Traffic SiQnals The need for new traffic signals will be based on warrants contained in the Caltrans Traffic Manual, Manual on Uniform Traffic Control Devices and any additional warrants established by the National or California Committee on Uniform Traffic Control Devices. It must be noted that meeting the technical warrants does not necessarily justify the need for a signal. Over-all system operations and traffic delay must be considered as well. In determining the location of a new signal, traffic progression is of paramount importance. Whenever there is a conflict, State Standards will take precedence. Pedestrian movements must be considered in the evaluation, and adequate pedestrian clearance provided in the signal cycle split assumptions. To provide flexibility for existing conditions and ensure optimum two-way signal progression, an approved traffic engineering analysis must be made to properly locate all proposed accesses that may require signalization. The section of roadway to be analyzed for signal progression will be determined by the City Engineer and will include all existing and possible future signalized intersections. The progression pattern calculations must use a cycle consistent with current signal timing policies of the City. Cycle split assumptions must relate to volume assumptions in the capacity analysis of individual intersections, and where computerized progression analysis techniques are used, they must be of the type which utilize turning movement volume data and pedestrian clearance times in the development of time/space diagrams. The green time allocated to the cross street will be considered no less than the time which is required for a pedestrian to clear the main street according to the Manual on Uniform Traffic Control Devices Standards. Those intersections that reduce the optimum bandwidth, if a traffic signal were installed, may be required to remain unsignalized and have turn movements limited by access design or median islands. 8 Traffic Accidents Traffic accident data for affected street corridors may be required for the study. The study period will normally be three years. Such locations will be specified by the City Engineer and data provided by the City. Where this is necessary, estimates of increased or decreased accident potential must be evaluated for the development, particularly if the proposed development might impact existing traffic safety problems in the study area. Safety mitigation measures must be included. Recommendations In the event that an analysis indicates unsatisfactory Levels of Service on study area streets or a significant impact by a development, a description of proposed improvements that retum intersections to Level of Service "C" must be included, except at locations where the City has already identified in the City's CIP and funded by the Traffic Mitigation Fee Program. At such location, the potential for interim measures to improve Levels of Service shall be analyzed. Interim improvements shall be approved by the City Engineer and funded by the development. These proposals include projects by the City or Caltrans for which funds have been appropriated and obligated. The assumptions regarding all future street land configurations in an analysis will require approval by the City. In general, the recommendation section should include: a. Proposed Recommended Improvements This section must describe the location, nature, and extent of proposed improvements to assure sufficient roadway capacity. A plan drawing of each improvement should be provided showing the length, width, and other pertinent geometric features of the proposed improvements. Plan drawings are only necessary for major improvements that would result in significant changes in circulation patterns, or where it is necessary to determine mitigation feasibility, as determined by the City. b. LOS Analvsis at Critical Point A table must be provided clearly showing Levels of Service at critical intersections for the following scenarios: 1. Existing conditions. 2. Existing plus project traffic without mitigation. 9 ~..~ 3. Existing plus project traffic with mitigation by funded project (engineering measures). 4. Existing plus project plus cumulative traffic without mitigation. 5. Existing plus project plus cumulative traffic mitigated by funded projects (engineering measures). Traffic Demand Management measures cannot be used for project specific or cumulative mitigation measures. A list can be obtained from the City of funded and unfunded projects. New mitigation measures not on this list will be considered unfunded unless a funding source is identified in the text of the study. No Levels of Service can be shown that include unfunded projects as part of the mitigation measures. Tables should show mitigation with funded engineering projects. TOM mitigation measures should be presented separately. Footnotes may be included, or narrative discussion which described unfunded recommendations. c. Funded Proiects Projects that are assumed to be funded must be only those that are on the City's Official list of funded projects which is available from the Public Works Department. Funded projects will include only those that are in the City's CIP and projected to be constructed within five years of the date of the traffic study. The report must include a table showing all projects funded by the City's Capital Improvement Program that are to be used as mitigation measures. d. Traffic Volume Proportions Percentages based on the traffic impact analysis may be required to determine the proportion of traffic using various public improvements (both existing and proposed) from several developments within the study area. This apportionment will not apply to Traffic Mitigation Fees but to the construction of improvements adjacent to the project, which may be shared by other new developments. e. SiQnificant Impact at SiQnalized and UnsiQnalized Intersections A project has significant traffic impacts when: 1. The addition of project traffic to a signalized intersection exceeds the thresholds provided in the following Table. 10 . . TABLE 1 SIGNALIZED INTERSECTION THRESHOLDS OF SIGNIFICANCE FOR TRAFFIC IMPACT STUDIES THRESHOLD CRITERIA GUIDELINES BASED ON PROJECTED TRIPS GENERATED FROM PROJECT PROJECT PEAK LEVEL OF PER LANE PEAK HOUR TOTAL PROJECT PEAK HOURS TRIPS SERVICE TRIPS ADDED TO HOUR TRIP ENTERING A (LOS) CRITICAL MOVEMENTS GENERATION CRITICAL INTERSECTION C >45 150-540 90-180 D >15 50-180 30-60 E >10 30-120 20-40 F >5 15-60 10-20 2. The Project's access to a major street requires an access that would create an unsafe situation or a new traffic signal, and/or major revisions to an existing traffic signal. 3. The Project adds traffic to a street with design features (e.g., narrow width, roadside ditches, sharp curves, poor sight distance, and inadequate pavement structure) that may cause potential safety problems with the addition of project traffic. 4. The addition of project plus cumulative traffic to a signalized intersection increases the delay by 2 or more levels of service if the intersection is currently operating at LOS A or B, or contributes traffic to an intersection operating below LOS C and meets thresholds defined in Table 1. If the above thresholds are exceeded, the Developer will be required to construct improvements or implement other methods to reduce the level of impact to insignificance except where mitigation measures have already been identified in the City's CIP and funded as part of the City's Traffic Mitigation Fee Program. The thresholds of significance identified above assume full contribution to the Traffic Mitigation Fee Fund. The addition of project, or project plus cumulative, traffic to an unsignalized intersection increases the level of service to an unacceptable level (less than LOS C). Level of Service shall be determined by the Highway Capacity Manual. Revisions to Traffic Studv Revisions to the traffic study must be provided, as required by the City. The City will determine whether revisions are necessary. The need for revisions will be based on the 11 ...~ completeness of the traffic study, the accuracy of the data, the thoroughness of the impact evaluation, the compatibility of the study with the proposed access and development plan, and other considerations. Executive Summary The Executive Summary of the report must be a clear, concise description of the study findings. It is anticipated that the report's final chapter will serve as an executive summary at the front of the Final full report. It must include a general description of all data, project scope and purpose, findings, conclusions, mitigation measures, and recommendations. Mitigation Measures shall be identified by bullet line items other prominent pagination. Technical publications, calculations, documentation, data reporting, and detail design must not be included in this section. The Executive Summary should be no longer than one page, complete in itself, and not dependent on supplementary data included by reference. Technical Requirements of Final Report The Final Report must also meet the following requirements: a. Computerized Analysis All computerized analysis output sheets and supporting raw count data, both ADT and turning movement, and intersection delay data must be submitted with draft reports for review. All assumptions used in the calculations must be referenced to the appropriate table, chart or page in the approved publication (e.g., V/C ratios, operating speeds, etc.). Calculations must be comprehensive and presented in a clear manner. b. Graphics All maps and graphics involving improvements must be drawn to scale with roadway geometrics appropriately dimensioned (e.g., street width, lane widths, etc.). Intersection geometrics must include bus stops, parking areas, pedestrian crossings, driveway locations, etc. c. Pass-bv Factors Pass-by factors are to be used to reduce the estimated additional total daily traffic to street(s) serving a proposed development. They are not to be applied directly to reduce trip generation and turning movement volumes at driveways serving the proposed development. 12 e. Raw Count Data All raw traffic count data (including average daily volume and peak hour turning movement) and analysis work sheets must be provided in the Appendices of the report. Computer printouts may be used as part of the report. Deliverables Three copies of the staff review draft technical report and the draft Executive Summary must be submitted for City review to the City Engineer. At least eight copies of the proposed final technical report, including the final Executive Summary, must be submitted. Reports must be bound on the left-hand edge, 8-1/2" x 11" format. printed on one side. Maps may be no larger than an 11 x 17" foldout. After the City Engineer approves the proposed final report, the consultant shall submit eight copies of the final Traffic Study. 13 _. EXHIBIT 1 TYPICAL TRAFFIC STUDY CONTENTS 1. T.ITLE PAGE: (Project Name. Number, Date, Name and Address of Company, Licensed Engineer, Stamp and Expiration) 2. EXECUTIVE SUMMARY (No more than two pages) 3. TABLE OF CONTENTS 4. LISTING OF FIGURES 5. LISTING OF TABLES 6. INTRODUCTION a. Land Use, Site and Study Area Boundaries (Provide map) b. Existing and Proposed Site Uses c. Existing and Proposed Uses in Vicinity of Site (Provide map) d, ExistinglProposed Roadways and Intersections (Provide map) 7. PROJECT TRIP GENERATION ANP DESIGN HOUR VOLUMES (Provide table) 8, TRIP DISTRIBUTION (Provide figure) 9. TRIP ASSIGNMENT (Provide figure) 10. EXISTING AND PROJECTED TRAFFIC VOLUMES (Provide figure for each item) a. Existing P.M. Peak hour site traffic (including turning movements) b, Projected P.M. Peak hour site traffic including Existing and Project (including turning movements) c. P.M. Peak hour total traffic including site existing, project and cumulative traffic d. Any other Peak hour necessary for complete analysis e, Total daily existing traffic for street system in study area f, Total daily existing traffic for street system in study area plus project traffic 00'. g. Total daily existing traffic for street system in study area plus project traffic and cumulative traffic from build-out of approved projects 1 11. CAPACITY ANALYSIS (Provide Analysis Sheets in Appendices) 12. TRAFFIC SIGNALS (Provide analysis Sheets in Appendices) 13. TRAFFIC ACCIDENTS (OPTIONAL) (Provide Collision Diagrams and Accident Rate) 14. PARKING ANALYSIS 15. RECOMMENDATIONS a. Proposed Recommended Improvements b. Volume/Capacity Analysis at Critical Points c. Traffic Volume Proportions d, Funded Projects e, Significant Impact NOTE: Information required on figures may be combined provided that the information is clearly legible. 16, APPENDICES References Level Of Service Calculation Sheets Trip Generation Sources Count Sheets Definitions Intersection Lane Configuration Drawings Signal Warrant, Timing, Progression Calculations Data for Delay, Passer-by and Origin-Destination Studies Parking Study Analysis and TM:28-263.doc 2 8.1. MEMORANDUM TO: CITY COUNCIL ~ FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: OPEN SPACE AGREEMENT GRANTING AN OPEN SPACE EASEMENT TO THE CITY OF ARROYO GRANDE; LOTS 1 AND 37 OF TRACT 2265 (CONDITION OF APPROVAL FOR LOT LINE ADJUSTMENT 02-005) DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council adopt a Resolution approving and authorizing the Mayorto execute an Open Space Agreement Granting An Open Space Easement To The City of Arroyo Grande (the "Agreement"). FUNDING: No fiscal impact. DISCUSSION: On March 11,2003, the City Council adopted Resolution No. 3661 conditionally approving Lot Line Adjustment 02-005. Special Condition NO.8 of Resolution No. 3661 required the applicant to enter into an Open Space Agreement with the City for the lots reconfigured by the lot line adjustment in a form approved by the City Attorney. Attached for the Council's consideration is an Open Space Agreement Granting An Open Space Easement To The City of Arroyo Grande which has been reviewed and approved by the City Attorney. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the attached Resolution; - Modify and adopt the attached Resolution; - Do not adopt the attached Resolution; or - Provide direction to staff. Attachment: 1. Open Space Agreement Granting An Open Space Easement To The City of Arroyo Grande RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A GRANT OF OPEN SPACE EASEMENT; LOTS 1 AND 37 OF TRACT 2265 WHEREAS, an open space agreement has been provided as required to satisfy the conditions of approval for Lot Line Adjustment 02-005; and WHEREAS, the open space agreement includes a grant of open space easement to the City of Arroyo Grande over Lots 1 and 37 of Tract 2265; and WHEREAS, the City desires, and considers it to be in the public interest that such areas be maintained in permanent open space; and WHEREAS, after due study and deliberation, the City Council finds as follows: 1. That the preservation of the subject land as open space is consistent with the General Plan; and 2. That the preservation of the subject land as open space is in the best interests of the City because the land, if retained in its natural state. has scenic value to the public, is valuable as wildlife habitat, and will help preserve the rural character of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the Open Space Agreement Granting an Open Space Easement to the City of Arroyo Grande, Lots 1 and 37 of Tract 2265, and authorizes the Mayor to execute the Agreement. On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted on this day of .2003. RESOLUTION NO. PAGE 2 TONY M, FERRARA, MAYOR ATTEST: KELLY K, WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RECORDING REQUESTED BY: City of Arroyo Grande AND WHEN RECORDED MAIL TO: Administrative Services Director City of Arroyo Grande 214 East Branch Arroyo Grande, CA 93420 OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT TO THE CITY OF ARROYO GRANDE LOTS 1 AND 37 OF TRACT 2265 CITY OF ARROYO GRANDE, CALIFORNIA THIS AGREEMENT is made and entered in this _ day of April, 2003, by and between STEPHEN D. HAUCK AND SHERI L. HAUCK, TRUSTEES OF THE STEPHEN D. AND SHERI L. HAUCK REVOCABLE TRUST DATED SEPTEMBER 11,2000, hereinafter collectively referred to as "Owner," and the CITY OF ARROYO GRANDE, a municipal corporation, hereinafter referred to as "City." WITNESSETH: WHEREAS, Owner is the record owner of certain real property (hereinafter sometimes referred to as the "Subject Property") described as Lots I and 37 of Tract No. 2265, in the City of Arroyo Grande, County of San Luis Obispo, State of Cali fomi a, according to the map recorded August 23, 2000 in Book 19, Page 31 of Maps, in the office of the County Recorder of said County; and WHEREAS, Owners' predecessor in interest, Village Glen Homes, LLC, as a condition precedent to CITY's final approval of Tract 2265, entered into an Open Space Easement Agreement for Lots 37,38,39 and 40 of Tract 2265; and WHEREAS, Owner applied for and obtained conditional approval of Lot Line Adjustment 02-005 increasing the size of Lot 1 of Tract 2265 and reducing the size of Lot 37 of Tract 2265, including a portion of Lot 37 subject to the Open Space Easement Agreement recorded April 17, 2001 as Document No. 2001-0L5583. WHEREAS, as a condition of approval of Lot Line Adjustment 02-005 by City, Owner is required to enter into an agreement with the City, on behalf of the Owner and its successors in interest, whereby the Owner grants an open-space easement to the City for the benefit of the public, including portions of the lots being reconfigured in said lot line adjustment; and WHEREAS, Owner intends that the terms, conditions and restrictions contained in this agreement shall apply to said Lots 1 and 37 of Tract 2265, excepting therefrom those portions shown and labeled as "buildable areas" on Exhibit "A" attached hereto and incorporated herein. WHEREAS, execution of this agreement by Owner and City, and the subsequent performance of its obligations by Owner and its successors in interest, will satisfy the requirement for dedication of an open- space easement made a condition of approval of Lot Line Adjustment 02-005; and WHEREAS, the Subject Property has certain natural scenic beauty and existing openness, and both Owner and City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openness, natural condition and present state of use of the Subject Property of the Owner; and 2 WHEREAS, Owner is willing to grant to City the scenic use, as hereinatIer expressed, of the Subject Property and thereby protect the present scenic beauty and existing openness of the Subject Property by the restricted use of said Property by Owner through the imposition of the conditions hereinatIer expressed; and WHEREAS, both Owner and City intend that the tenns, conditions, and restrictions of this agreement are in compliance with Government Code Sections 51070 through 51097, inclusive, hereinafter referred to as the "Open-Space Easement Act of 1974," so as to be an enforceable restriction under the provisions of Revenue and Taxation Code Section 422; and WHEREAS, Owner has supplied City with a current title company preliminary title report listing all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages on the Subject Property. NOW, THEREFORE, in consideration of the premises and in compliance with the provisions of the Open Space Easement Act of 1974, and in further consideration of the mutual promises, covenants and conditions herein contained and the substantial public benefits to be derived therefrom, the parties hereto agree as follows: 1. Grant of Open-Space Easement. Owner hereby grants to City, for the tenn specified in paragraph 8 below, an open-space easement in and to the Subject Property described above. The open-space easement granted herein conveys to City an estate and interest in real property of the nature and character specified in the Open-Space Easement Act of 1974, which is subject to the express conditions and restrictions imposed herein upon the use of the property by Owner. To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of itself, its successors and assigns 3 with the City, its successors and assigns to do and refrain from doing, severally and collectively, upon Subject Property, the various acts hereinafter mentioned. 2. Restrictions on Use of the Subiect Property. The restrictions imposed upon the use of the Subject Property by Owner and its successors in interest and the acts which Owner and its successors in interest shall refrain from doing, and permit to be done, upon the Subject Property are as follows: (a) No buildings, structures, grading, filling, or other improvements shall be placed, constructed, or erected upon the Subject Property except as may be required for City approved infrastructure, (e.g., drainage, utilities, sewer, water, roads) or as otherwise authorized by the approved subdivision map referred to above, and except agricultural uses which are consistent with the nature and purpose of this Agreement, such as orchards, vineyards, and non-commercial grazing of cattle, horses and sheep, subject to compliance with the Arroyo Grande Development Code. (b) No advertising of any kind or nature shall be located on or within the Subject Property, except for advertising related to the initial sale of the lots created by the final subdivision map referred to above. (c) Owner shall not cut, injure or remove any vegetation from the Subject Property except for City approved inrrastructure, City approved tree removal, or wildfire management purposes. (d) Except as determined necessary by City for the construction, alteration, relocation, and maintenance of tract improvements, including drainage facilities, as shown on the approved final subdivision map improvement plans referred to above or for City approved infrastructure, the general 4 topography of the landscape shall be maintained in its present condition and, no other grading, excavation, or topographic changes shall be made, except as allowed for in paragraph (a) of this Section. (e) No use of the Subject Property which will or does materially alter the landscape or other attractive scenic features of said property, other than those specified herein, shall be done or suffered. (f) Owner shall not extract natural resources from the Subject Property if surface entry is required. (g) Owner shall not cut timber, trees, or other natural growth, except as may be required for fire protection, elimination of diseased growth, and similar protective measures as approved by City, tract improvements (including drainage) as shown on the final improvement plans for said tract and City approved infrastructure. (h) Owner shall not use the Subject Property or any portion thereof as a parking lot, storage area, or dump site or otherwise deposit or allow to be deposited on the Subject Property or any portion thereof, temporarily or otherwise, anything whatsoever which is not indigenous or natural to the Subject Property. (i) Owner shall not cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, concrete, or other material which does not constitute natural cover for the land nor otherwise disturb the natural cover of the land unless otherwise authorized by the provisions of this agreement. 5 U) No further land division of the Subject Property shall occur or be applied for by Owner or its successors in interest, nor shall Owner or its successors in interest otherwise convey (other than under threat of condemnation) a portion'ofthe Subject Property less than the whole to one or more parties or convey the Subject Property to two or more parties each of whom acquire title to less than the whole of the Subject Property. Any such conveyance or transfer of the Subject Property or a portion thereof by Owner or its successors in interest shall be considered null and void. 3. Reservations of Use by Owner. Notwithstanding the provisions of section 2 above, and excepted from this grant and expressly reserved to Owner is the right to enter upon the Subject Property for the purposes of constructing the improvements authorized by the approved Subdivision Map referred to above, and any amendments or modifications thereto which may be approved by the City. 4. Compliance with City Regulations. Land uses permitted or reserved to Owner in this agreement are subject to all City ordinances and regulations, including those regulating land. 5. Construction ofImprovements. Owner shall not construct or permit the construction of any improvements on the Subject Property except as expressly reserved herein or as authorized in the Open- Space Easement Act of 1974. Provided, however, nothing contained in this agreement shall prohibit the construction, maintenance and repair of the tract's improvements as shown on the final improvement plans for said tract or other City approved infrastructure. 6. No Authorization for Public Trespass. The grant of easement contained herein and its acceptance by the City does not authorize and is not to be construed as authorizing the public or any member thereofto trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or 6 utilize the Subject Property in any manner whatsoever. It is understood that the purpose of this agreement is solely to restrict the uses to which the Subject Property may be put so that said Property may be kept as near as possible in its natural condition for the benefit of the public, including the lots being created in the above subdivision or other City approved infrastructure. 7. Effect on Prior Easements. Nothing contained in this agreement shall limit or affect any easements that are of record and that have been heretofore granted by Owner on. over, under, or across the Subject Property or any portion thereof. 8. Duration of Easement. The grant of easement to City contained in this agreement shall be effective when it has been approved and accepted by resolution of the City Council in the mannerrequired by law, and it shall remain in effect in perpetuity unless abandoned or otherwise terminated by the City Council in accordance with the provisions of the Open-Space Easement Act of 1974. 9. Enforceable Restriction. Upon acceptance of the open-space easement granted herein, the Subject Property shall be deemed to be "enforceably restricted" within the meaning of Section 422 of the Revenue and Taxation Code and Section 8 of Article XIII of the Constitution of the State of California. 10. Binding on Successors in Interest. All provisions ofthis agreement shall run with the land described herein and shall be binding on the parties hereto and their heirs, assigns, and successors in interest. 11. Effect of Waiver. City's waiver of the breach of anyone term, covenant, or provision ofthis agreement shall not be a waiver of a subsequent breach of the same term, covenant, or provision of this agreement or of the breach of any other term, covenant, or provision of this agreement. 7 12. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted vioiation or by suit to recover damages against any person or persons violating or attempting to violate any covenant or restriction contained herein. 13. Law Governing and Venue. This agreement has been executed and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of California. All duties and obligations ofthe parties created hereunder are performable in the County of San Luis Obispo, and such County shall be the venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this agreement. 14. Enforceability. If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 15. Notices. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Director of Community Development, City of Arroyo Grande, 214 E. Branch, Arroyo Grande, California 93420. Notices required to be given to Owner shall be addressed as follows: Stephen D. Hauck and Sheri L. Hauck, 51 La Linda Drive, Long Beach, California 90807. Provided that any party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 8 16. Subordination. The trust deed beneficiaries and mortgagees, ifany, listed on the preliminary title report or preliminary subdivision guarantee referred to the above, and whose signatures are affixed hereto, do hereby assent to this agreemellt and, further, do hereby subordinate their respective interests to the restrictions and obligations imposed herein. 17. Aweement to be Recorded. Owner and City intend and consent to the recordation of this agreement in the office of the County Recorder of the County of San Luis Obispo. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. STEPHEN D. HAUCK AND SHERI L. HAUCK, TRUSTEES OF THE STEPHEN D. AND SHERI L. HAUCK REVOCABLE TRUST DATED SEPTEMBER II, 2000: Stephen D. Hauck, Trustee Sheri L. Hauck, Trustee 9 TRUST DEED BENEFICIARIES The undersigned Beneficiary under that certain Deed of Trust dated July 10, 2000 and recorded July 18, 2000 as Instrument No. 2000-039849, of the Official Records of San Luis Obispo County, California, consents to all of the provisions contained in the attached Open Space Agreement granting Open-Space Easement to the City of Arroyo Grande which was executed by Stephen D. Hauck and Sheri L Hauck, Trustees of the Stephen D. and Sheri L. Hauck Revocable Trust Dated September 11, 2000, as Owner, hereinafter referred to as the AAgreement,@ and agrees that the lien of the above-referenced Deed of Trust shall be junior, subordinate and subject to the Agreement. Mid-State Bank CITY OF ARROYO GRANDE: Tony M. Ferrara, Mayor A TrEST: Kelly Wetmore, Director of Administrative Services/Deputy City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: Timothy J. Carmel City Attorney 10 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On , 200}, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and seal STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On , 2000, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and seal II 00 I ~~"W "" - '0 . f \ B · \%1' ~ \ it ~ \ 'd\~ Q " ~ ~ ~ \ \ 0;; \> 4 8.j. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION TO APPROVE A WATER WHEELING AGREEMENT WITH THE OCEANO COMMUNITY SERVICES DISTRICT DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the Council approve a Water Wheeling Agreement with the Oceano Community Services Oistrict ("OCSO"). FUNDING: The wheeling charge to utilize the City's distribution facilities will be $1.00 per 1 00 cubic feet of water delivered. Based on an annual delivery of 30 acre feet of water, it is estimated that $13,100 per year will be collected from wheeling charges and placed in the Water Fund. DISCUSSION: On October 8, 2002, the City Council agreed to wheel water for the Canyon Crest subdivision subject to preparation of an appropriate Agreement. Canyon Crest is located in the County between Stagecoach Road and Huasna Road adjacent to the easterly City boundary and is not in the City's sphere of influence. The attached Agreement, which has been signed by OCSD, sets forth the responsibility and obligation of each party as to the delivery of water to Canyon Crest. The Agreement has been approved by the OCSO Board of Oirectors. Canyon Crest has entered into an agreement with the OCSO for the provision of water, which has also been approved by LAFCO. AL TERNA TIVES: . Approve staffs recommendation; . 00 not approve staffs recommendation; . Modify staffs recommendation as appropriate and approve; or . Provide direction to staff. Attachment: Water Wheeling Agreement --~---~- Oceano Communit~ Services (805)481-6836 p.2 Apr 01 03 08:24a > WATER WHEELING AGREEMENT TillS WATER WHEELING AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into as of February 28, 2002, by and between the City of Arroyo Grande, a muniCipal corporation (hereinafter referred to as the "City") and Oceano Community Services District, a community services district orgauized and existing pursuant to California state (hereinafter referred to as the "District"), and hereinafter occasionally referred to collectively as "the Parties" or individually as a "Party" with reference to the following facts: A. Canyon Crest Mutual Benefit Water Company, a California non-profit corporatiou (hereinafter referred to as "Canyon Crest") consists of members who are limited to owners of that certain real property in the County of San Luis Obispo, State of California, as described below; Lots 1 through 56 of Tract 1819 according to the Map recorded June 30, 1999 in Book 18, page 76 of Maps (hereinafter referred to as the "Property"). B. The Property consists of fifty-six (.'56) parcels, fifty-four (54) of which are single family residential lots and two (2) of which are designated as open space (the "Open Space Lors"). C. Canyon Crest has a water system that is experiencing water well production quantity and quality problems which Canyon Crest aud the District believe constitute an existing or impending threat to the public heath or safety of the Canyon Crest members within the meaning of Government Code Section 56133 (c), and Canyon Crest desires to acquire a better water source from the District with the City's cooperation. D. It is not feasible at this time for the City (0 extend water service to the Property directly from the City's existing system. E. The District has a water supply surplus and is prepared to sell water to Canyon Crest, but does not have the means to connect directly to the Canyon Crest water system. F. The City has agreed to provide the use of a delivery system for the water the District desires to sell to Canyon Crest, all subject to compliance with Government Code Section .'56133, the contracts between the San Luis Obispo County Flood Control District and Water Conservation District (hereinafter referred to as the "SLO FCD"), the District, and the City for a water supply (hereinafter collectively referred to as the "Lopez Agreements"), and other applicable law. I Apr 01 03 08:25a Oceano Communit~ Services (805)481-6836 p.3 NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as foHows: I. TRUTH OF RECITALS. All of the matters specified in Recitals A. through F. above are true and correct as of the date of this Agreement to the best knowledge of the Parries, however the City has no knowledge and makes no representations as to the accuracy of tlte status of Canyon Crest's wells, water quality, or supply, or the status of surplus of the District's water. 2. CITY DELIVERY OF DISTRICT WATER TO CANYON CREST. From and after the date the last contingency set forth in Section 5 hereof has been satisfied, the City shall accept from the District, delivery of water to which the District is entitled under the Lopez Agreements hereinafter referred to as the "Wheeled Water~) and shall wheel the same to Canyon Crest. In connection therewith: a. The quantity of the Wheeled Water shall be limited to that quantity supplied by District to City. It shall be the responsibility of District to confirm the legal ability of water supplied under the Lopez Agreements to be wheeled and delivered in the manner set forth in this Agreement. b. Delivery of the Wheeled Water to the City by the District shall be effected through an instruction by the District to the SLO FCD to deliver a portion of the District's water delivery entitlement nnder the Lopez Agreement to the City's facilities which receive the City's water delivery entitlement under the Lopez Agreement. c. The Wheeled Water delivered to the City by the District shall be potable water not less in quality as water otherwise delivered pursuant to the Lopez Agreement and subject to all the Lopez Agreement's terms and conditions. City makes no warranties or guaranties as to the quality of the water or its suitability for use by District, Canyon Crest, or any other party. d. The Wheeled Water shall be delivered to Canyon Crest by the City through a connection betWeen the City's and Canyon Crest's water systems at the location and pursuant to the specifications set forth in Exhibit "A" attached hereto and incorporated herein (the "Point of Delivery"). e. Such water wheeling shall be consistent with the delivery schedule contained in the Lopez Agreements, and based on a delivery schedule further set forth in Exhibit" A" attached hereto and incorporated herein. The parties acknowledge that Canyon Crest's consumption of water shall vary from day to day but that the water delivery to the City under the Lopez Agreements only may be adjusted semi- annually as set forth in the Lopez Agreements. The parties agree that they periodically shall meet and confer to review the data for both the water deliveries to the City and Canyon Crest's water consumption, and shall instruct the SLO FCD to adjust the water deliveries from the District to 2 Apr 01 03 08:25a Oceano Communit~ Services (8051481-6836 p.4 the City as necessary to assure, on average, they arc in balance with Canyon Crest's consumption and consistent with City's available capacity. City shaH not be responsible for any shortages resulting from any of the following: reduction or fluctuation in supply of water under the Lopez Agreements, drought, weather or other water shortage conditions beyond the control of City, emergencies. catastrophic events, acts of nature, vandalism or terrorism, impediments to ground water recharge, well failures, mechanical failures and system servicing requirements of City, the SLO FCD and other participants in the regional water supply system, or any other events beyond the control of City . 3. PAYMENT FOR WHEELING SERVICES. The City shall charge the District an all inclusive wheeling fee for its services as set forth on the attached Exhibit "A". To facilitate the same, the City shaH install and maintain a water meter at the connection location described in Exhibit "A", the cost for which shall be paid in accordance with Schedule 6.0. oftrus Agreement. Monthly, the City shall read the meter, determine the volume of water delivered by the City through the meter to Canyon Crest. calculate the wheeling fees assessed for such water by multiplying the mcter reading by the amount of the fee, and transmit an invoice to the District for such fee. The District shall pay all invoices submitted by City for water delivered under this Agreement within thirty (30) days after receipt. 4, TERM. This Agreement shall commence on the date the contingencies set forth in Section 5 hereof have been satisfied. District shall provide written notification to City that all contingencies have been satisfied not less than 30 days prior to the first date that City shall be required to wheel water pursuant to this Agreement. This Agreement shall continue for as long as the City provides services to its in-city customers or until the occurrence of one of the following events: a. If the contingencies have not been satisfied by December 31,2003, this Agreement shall automatically expire, with no further obligation on the part of City, In the event of expiration pursuant to this section 4.a., District shall not be relieved of its obligations under Section 6.a. of this Agreement. b. District notifies City that Canyon Crest is in material breach of that certain Service Agreement to Provide Water Outside of Service District between Canyon Crest and the District dated as of February 26, 2003. and directs City to stop wheeling water pursuant to this Agreement. c. The Canyon Crest service area is annex.ed to City or some other entity that will be responsible for providing water service. d. This Agreement is determined to violate the provisions of the Lopez Agreement or any other local, state or federal laws related to wheeling of the water. 5, CONTINGENCIES. This Agreement and all of the terms, provisions, conditions, covenants and obligations imposed all the parties hereto, are contingent upon: all of the following which shall be accomplished by December 31, 2003 or this Agreement shall be of no further force 3 Apr 01 03 08:25a Oceano Communit~ Services (8051481-6836 1'.5 and effect unless extended in writing by both the City and District. a. Compliance by the parties with aH applicable law, including, but not limited to, the provisions of the California Environmental Quality Act required to enter into this Agreement; b. Written approval by.LAFCO pursuant to Government Code Section 56133 (c) for the District and the City to undertake and perform the obligations set forth in this Agreement; c. Any approvals by SLO FCD and any other necessary entities related to delivery of the Wheeled Water to which the District is entitled under the Lopez Agreements to the City's water system. These necessary approvals shaH be determined by District, and District shall provide written notification and proof to City that all such approvals have been obtained not less than 30 days prior to the first date that City shall be required to wheel water pursuant to this Agreement; d. Determination by the District that this Agreement is not in violation of the Lopez Agreement or any other agreement or provision of law; Upon satisfaction of the contingencies set forth in this Section 5, and written notification of such satisfaction by District to City, this Agreement and all of its terms, provisions, conditions and covenants hereof shall be effective and binding on the parties hereto, without any further action required. 6. PAYMENT OF COSTS. District agrees to reimburse the City for: a. The City's actual administrative costs incurred as a result of the preparation of this Agreement, as estimated in Exhibit A to this Agreement. Administrative costs shall be due even if the contingencies set for in Section 3 are not fulfilled. And, b. Any and all costs incurred by City for any pnmps, connections and meters necessary to perform the obligations set forth in this Agreement. 7, INDEMNIFICATION. The District shall indemnify, defend, protect and hold the City and its council members, commissioners, directors, officers, partners, agents, consultants and employees free and harmless from and against any and all claims, causes of action, demands, injuries, damage, liabilities, losses, costs or expenses (including, but not limited to attorneys fees and court costs) to tbe extent arising out of or resulting from, the terms, provisions, conditions and covenants of this Agreement, including but not lin1ited to, any and all claims, causes of action, demands, injuries, damage, liabilities, losses, costs or expenses (including, but not limited to, attorneys fees and court costs) resulting from discontinuance of water wheeling service pursuant to the tenus of this Agreement, except as to those arising out of the active negligence of the City and/or its council members, commissioners, directors, officers, partners, agents, consultants and/or employees. 4 ----- Oceano Communit~ Services (8051481-6836 p.6 Apr 01 03 08:25a 8. ADDITIONAL INDEMNIFICATION. District shall require that Canyon Crest take all necessary measures to assure that backflow and other devices are ins taIled, operated and maintained to assure that there is no cross-contamination of water from Canyon Crest's domestic wells, storage and delivery systems, into City's system, and shall specificaIly indemnify City pursuant to Secdon 7 of this Agreement for any sucll cross-contamination, and shall bear the cost of any remediation required to restore City's system or water supply. 9. NOTICE. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served on, or given to any party to this Agreement by any other party to this Agreement shall be in writing and shall be deemed properly delivered, served, or given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first class, postage pre-paid, addressed to: IF TO CITY: City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 With a copy to: Timothy J. Carmel LYONS & CARMEL 11 04 Palm Street San Luis Obispo, CA 93401 IF TO THE DISTRICT: OCEANO COMMUNITY SERVICES DISTRICT P.O. Box 599 Oceano, CA 93445-0599 ATl: Francis M. Cooney, General Manager With a copy to: Alexander F. Simas KIRK & SIMAS P.O. Box 1219 Santa Maria, CA 93456-1219 Any party to this Agreement may change his address for the purposes of this Section by giving written notice of such change in accordance herewith. 10. MODIFICATION. This Agreement may be amended or modified only by an instrument in writing, stating the amendment or modification, executed by the parties hereto and attached to the end of this instrument. 11, GOVERNING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event that it is necessary to institute any action to enforce any right granted herein or to redress any alleged breach hereof, then the exclusive venue for such action shall reside with the branch of the Superior Court of the State of California in and for the County of San Luis Obispo, California. 5 Apr 01 03 08:26a Oceano Communit~ Services (8053481-6836 p.? 12. HEIRS AND SUCCESSORS. This Agreement shall be binding on and shall inure to the benefit of the heirs, eXec\ltors, administrators, successors and assigns of the parties hereto. District shall not assign its rights or obligations under this Agreement to any party witho\lt prior written consent of City. 13. SEVERABILITY. Should any portion of this Agreement be held unenforceable or inoperative for any reason, such shall not affect any other portion of this Agreement, but the remainder shall be as effective as though such incl'fuctive ponion had not been contained herein. 14. ATTORNEY'S FEE.<j. In the event that it is necessary for either party to this Agreement to institute an action to enforce any right granted hereunder or to redress the breach of any provision of this Agreement, then the prevailing party in such action, in addition to any other award made by the Court. shall be entitled to his attorney's fees and costs inc1!1'red in prosecuting such action and the enforcement of any judgment entered in such action from the non-prevailing party, all in an amount to be determined by the CO\lrt, Any judgment entered in such action shall include a specific provision authorizing the recovery of attorney's fees and costs incurred in enforcing such judgment. IN WITNESS WHEREOF the parties have executed this instroment at Santa Maria, California as of the date and year above first written. CITY: DISTRICT: City of Arroyo Grande OCEANO COMMUNITY SERVICES a municipal C01'pQration DISTRICT ?{~tb~4ta) By: By: Tony Ferrara Bil! Senna Mayor President Attest: Attest: By: By' '......., . . . . . . . . . . ........ . . . . . . . . . . '....... . ~" City Clerk .. ....- " , . .. ,.". . . . . . . , . . , Address: Address: . . . . . . , , . ......,.. . , . . . . . . , . . . . . . . . , . . 214 East Branch Street P.O. Box 599 . . ... , . . . . """'" . .... . Arroyo Grande, CA 93420 1655 Front Oceano, CA 93445 6 Apr 01 03 08:26a Oceano Communit~ Services (805)481-6836 p.8 Approved as to form: Approved as to form: Timothy J. Carmel ~~ Alexander F. Simas City Attorney District Counsel 7 Apr 01 03 08:26a Oceano Communit~ Services (805)481-6836 1".9 EXIllBIT "A" TO WATER WHEELING AGREEMENT WHEELING FACILITY CONNECTION LOCATION AND SPECIFICATIONS 1. Point of Deliverv (Wbeelinl! Facilitv Connection Location and S\>ecifications): On Stagecoach Road adjacent to the Canyon Crest. water tank using a 2" water meter connection. 2. Calculation of Mitil!ation Fee for Infrastructure Connection: 54 homes x $984.00 per home: $53,136.00 3. Wheelinl! Fee: The City shall charge the District an all inclusive wheeling fee for its services. Such fee shall be determined by the City Council. This fee currently is set at $1.00 per 100 cubic feet of water delivered. Any change in the wheeling fee due to changes in costs shaH take effect 30 days after notification of such ehange to District. Such change in the fee shaH be calculated using the same criteria and method used to determine the current fee. 4, Connection Fees: 2" meter charge: $1,104.00 Distribution charge: $3,587.00 Lopez charge: $1,600.00 Installation charge: $2,820.00 5. Deliverv Schedule: Minimum 20-25 GPM hased upon 24 hour delivery period. Estimated 30-35 AFY total delivery. EXIDBIT "A" Page 1 of 2 " Apr 01 03 OB:27a Oceano Communit~ Services (B05)481-6836 p.l0 4. Administrative Costs: City's actual costs incurred in negotiating, drafting and implementing this Agreement are currently estimated as follows; a. Administrative and other consultant costs $1,796.6U b. Attorney's fees and costs $2,855.00 Total current estimated administrative costs $4,561.60 EXHIBIT" A" Page 2 of 2 10.a. MEMORANDUM TO: CITY COUNCIL FRO~B STRONG, COMMUNITY OEVELOPMENT DIRECTOR BY: ~,KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF RESOLUTION UPHOLDING THE APPEAL AND APPROVING PLANNED UNIT DEVELOPMENT CASE NO. 02-001 (EAST VILLAGE PLAZA); 520, 522 AND 528 EAST BRANCH STREET; DB&M PROPERTIES DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the Council amend the attached Resolution to name the access road "East Village Plaza Circle" and approve the Planned Unit Development Case No. 02- 001 as modified. FUNDING: No financial impact to the City. DISCUSSION: The City Council considered an appeal of this project on March 25, 2003 and directed staff to retum with a Resolution approving the project with modifications. As discussed at the previous Council meeting, the attached Resolution includes the following changes: 1. The alternate architectural design for Buildings 1 and 2 presented at the March 25, 2003 meeting shall replace the previous design in the conceptual plans. 2. Mixed-uses with a residential component shall be strongly encouraged. 3. The elevator tower shall comply with the height requirements of the Development Code, and shall not exceed four feet (4') above the roofline. 4. Any proposed shared parking is restricted to the project site. 5. A plaza area shall be included on lot 1. 6. Pedestrian access shall be enhanced on lots 1 and 2. 7. The internal access road shall be named "E.C. Loomis Circle". -.-- CITY COUNCIL PLANNED UNIT DEVELOPMENT 02-001 APRIL 8. 2003 PAGE 2 Staff recommends that the name of the access road be changed from "E.C. Loomis Circle" to "East Village Plaza Circle" based on the existence of roads within the City and surrounding area containing the word "Loomis". Potential name conflicts should be avoided to prevent confusion to dispatchers and emergency crews (reference Attachment 1 for Memorandum from the Director of Building and Fire). Problems may occur if individuals unfamiliar with the street make emergency calls for service and abbreviate the street name when describing the location. Calls from cell phones are of particular concern because they are initially handled by Highway Patrol dispatchers, who may not be familiar with the local street names. AL TERNA TIVES: The following alternatives are presented for Council consideration: 1. Modify and adopt the resolution; or 2. Take tentative action to deny the project and direct staff to prepare the appropriate resolution for City Council action. If the Council selects alternative 2, staff will return with the appropriate resolution at a later meeting. Attachment: Resolution approving Planned Unit Development No. 02-001, as modified Exhibit "A": Conditions of Approval Exhibits "B1 - B12": Project Plans 1. Memorandum from the Director of Building and Fire RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING AN APPEAL OF PLANNED UNIT DEVELOPMENT 02-001 (EAST VILLAGE PLAZA) AND ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING PLANNED UNIT DEVELOPMENT NO, 02-001, AS AMENDED, AND WITH ASSOCIATED ARCHITECTURAL REVIEW, LOCATED AT 520, 522 and 528 EAST BRANCH STREET, APPLIED FOR BY DB&M PROPERTIES WHEREAS, on February 5, 2003 the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing to consider Planned Unit Development No. 02-001 (the project), filed by DB&M Properties, to construct a mixed-use project in the VC District; and WHEREAS, after considering the information and public testimony presented at the public hearing, the staff report and other information and documents that were part of the public record, the Planning Commission approved the project; and WHEREAS, on February 11, 2003 a majority of the City Council of the City of Arroyo Grande appealed the Planning Commission's approval of the project; and WHEREAS, on March 25, 2003 the City Council held a duly noticed public hearing on the project appeal in accordance with the Municipal Code; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearing, the staff report and other information and documents that are part of the public record; and WHEREAS, the City Council directed that the following modifications be included in the project: 1. The alternate architectural design for Buildings 1 and 2 presented at the March 25, 2003 meeting shall replace the previous design in the conceptual plans. 2. Mixed-uses with a residential component shall be strongly encouraged. 3. The elevator tower shall comply with the height requirements of the Development Code, and shall not exceed four feet (4') above the roofline. 4. Any proposed shared parking is restricted to the project site. 5. A plaza area shall be included on lot 1. 6. Pedestrian access shall be enhanced on lots 1 and 2. 7. The internal access road shall be named "E.C. Loomis Circle". RESOLUTION NO. PAGE 2 WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Planned Unit Development Permit Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing multiple-family and single-family residential uses in the surrounding area. 6. The improvements required, and the manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. Architectural Review Findings: 1. The proposal is consistent with the general Architectural Guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. RESOLUTION NO. PAGE 3 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the Califomia Environmental Quality Act (CEQA), for Planned Unit Development No. 02-001. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Director of Administrative ServiceslDeputy City Clerk to file a Notice of Determination, and approves Planned Unit Development No. 02-001 with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 8th day of April, 2003. RESOLUTION NO. PAGE 4 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNED UNIT DEVELOPMENT NO. 02-001 DB&M Properties 520, 522 and 528 East Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the site and building design for a mixed-use project located on ten (10) existing lots as described in the project plans contained in Exhibits B1-B12, attached to this Resolution and incorporated herein by reference. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Planned Unit Development Permit 02-001. 3. This application shall automatically expire on April 8, 2005 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occUr in substantial conformance with the plans presented to the City Council at the meeting of April 8, 2003 and marked Exhibits "81- 812" except as modified by these conditions of approval. 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. SPECIAL CONDITIONS 6. The alternate architectural design for Buildings 1 and 2 presented at the March 25, 2003 meeting shall replace the previous design in the conceptual plans. 7. Mixed-uses with a residential component shall be strongly encouraged. 8. The elevator tower shall comply with the height requirements of the Development Code, and shall not exceed four feet (4') above the roofline. ~,," RESOLUTION NO. PAGE 6 9. Any proposed shared parking is restricted to the project site. 10. A plaza area shall be included on lot 1. 11. Pedestrian access shall be enhanced on lots 1 and 2. 12. The internal access road shall be named "E.C. Loomis Circle". NOISE 13. Construction shall be limited to between the hours of 8am and 7pm Monday through Saturday. No construction shall occur on Sunday. DEVELOPMENT CODE 14. Development shall conform to the VC zoning requirements except as otherwise approved. 15. If the final grading plan requires retaining walls/fences greater than six feet in height, the Community Development Director may approve walls/fences up to eight feet in height along the rear property lines to allow for additional privacy. The applicant shall obtain an approved Minor Exception or Variance for any wall- fence combinations over 6 feet in height. 16. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Planned Sign Program Case No. 02-004. 17. All parking spaces adjacent to a wall, fence, property line, or other vertical obstruction shall have a minimum width of 11 feet. LIGHTING 18. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. 19. The two (2) light standards along East Branch Street shall match the light standards approved for the Village Area. WATER 20. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. RESOLUTION NO. PAGE 7 SOLID WASTE 21. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of masonry or concrete with an exterior finish that complements the architectural features of the main building. The trash enclosure area shall accommodate recycling container(s). 22. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. PRIOR TO ISSUING A BUILDING PERMIT: 23. The Community Development Director shall approve plans for trash enclosures. 24. A landscaping and irrigation plan shall be prepared by a licensed landscape architect for each lot subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. 4. The selection of groundcover plant species shall include native plants. 5. Tree selection shall include native riparian species. 6. Linear planters shall be provided in the parking area. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 25. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 26. The developer shall paint a test patch, including all colors, on each building seeking a certificate of occupancy. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with one of the approved color boards. A 48-hour notice is required for this inspection. RESOLUTION NO. PAGE 8 27. All electrical panel boxes shall be located within a building. ARCHITECTURAL REVIEW COMMITTEE 28. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view behind the parapets, or with materials architecturally compatible with the main structure. 29. The doors of the commercial structures shall be made of wood, or materials that approximate wood. Preferably, the use of glass should be incorporated. 30. The windows shall be made of wood, or materials that approximate wood. 31. All trash enclosures shall match the main structures on the lot. 32. The buildings shall vary in color and be consistent with the approved color boards. 33. The roof materials for all buildings shall be made of asphalt shingles with heavy tabs, similar to that proposed for buildings 1 and 2. 34. Decorative treatments, such as stamped concrete, shall be used at both access points. 35. Pedestrian access shall be augmented for any proposed retail use proposed for buildings 1 or 2. PARKS AND RECREATION DEPARTMENT CONDITIONS 36. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 37. Linear root barriers shall be used at the front of the project to protect the sidewalks. 38. All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 39. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 40. The applicant shall install a burglar alarm system for all commercial buildings per Police Department guidelines, and pay the Police Department alarm permit application fee. ~..." RESOLUTION NO. PAGE 9 41. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 42. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT 43. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 44. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 45. The project shall have a fire flow of 1,500 gallons per minute for a duration of two hours. 46. Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. PRIOR TO ISSUING A BUILDING PERMIT: 47. The applicant shall obtain acceptance of all previously installed public improvements by the City. 48. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 49. The applicant shall obtain County Health Department approval for any proposed food service. 50. The applicant shall provide Fire Department approved access and required fire flows, or sprinkler-system per National Fire Protection Association Standards. PRIOR TO OCCUPANCY: 51. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 52. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project ....~ RESOLUTION NO. PAGE 10 site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 53. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 54. GradinQ Plan - All grading shall be done in accordance with the City Municipal Code Section 13.24. 55. ParkinQ lot stripinQ - The parking lot spaces shall be delineated with double striping. 56. Street repairs - The applicant shall replace any cracked or broken curb, gutter, sidewalk, or driveway approach on the property, and shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. 57. Sewer access - The applicant shall provide paved access to the newly installed sewer manhole, which ties the new sewer line into the existing sewer line. 58. DrainaQe facilities - All on-site private drainage structures shall be equipped with a fossil filter and debris catcher. The applicant shall implement a regular maintenance and cleaning program for the on-site drainage facilities. Both the filters and the maintenance program shall be subject to the approval of the director of Public Works. 59. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided be/ow). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: RESOLUTION NO, PAGE 11 (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (8) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. UTILITIES 60. All existing public utilities, located on the property or are within the right-of-way adjacent to the property shall be placed underground. 61. All new public utilities shall be installed as underground facilities. 62. All improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 63. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. PRIOR TO ACCEPTANCE OF PREVIOUSLY INSTALLED PUBLIC IMPROVEMENTS: 64. The applicant shall complete all improvements shown on the approved plans prepared by Vaughn Surveys and approved December 21, 2001. Any changes to these plans shall be approved by the Director of Public Works. .--.... RESOLUTION NO. PAGE 12 65. The applicant shall enter into an improvement agreement for the warranty of the previously installed improvements. As part of this agreement, the applicant shall place a warranty security with the City. The value of the bond shall be 10% of the improvements and shall be in place for a period of one (1) year. The improvement agreement shall be in a form acceptable to the City. 66. The applicant shall provide reproducible mylars and electronic (e.g. Autocad) files of the record drawings (as builts) stamped and signed by the engineer of work. PRIOR TO A CERTIFICATE OF OCCUPANCY: 67. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided fot in Section 16.68.070 of the Development Code. 68. All public utilities shall be operational. 69. All improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for ,verification In writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures: MITIGA nON MEASURES 1. The project shall comply with the most recent Uniform Building Code (UBC) guidelines. 2. Utilities should be designed with as much flexibility as practical to tolerate potential differential movement without becoming disconnected or broken. 3. Land with slopes greater than 25% shall not be developed. For Measures 1-3: Monitoring: Review of building plans/site inspection Responsible Department: Building Department Timeframe: Prior to issuance of a Certificate of Occupancy .--, RESOLUTION NO, PAGE 13 4. The applicant shall prepare and submit a grading and erosion control plan that complies with the requirements of the City's Grading Ordinance, and includes the following measures: a. Silt basins and fences or straw bales shall be installed and maintained along drainage paths during construction to contain on-site soils until bare slopes are vegetated. Graded soils shall be carefully stockpiled away from drainages. b. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. c. Exposed ground areas that are planned to be reworked at dates greater than one month atter initial grading should be sown with fast- germinating native grass seed and watered until vegetation is established. The applicant shall describe the vegetative practices to be used, including the types of seeds and fertilizer and their application rates, and the schedule for maintenance and upkeep. d. Filters shall be installed at all drain inlets to help prevent contamination to Arroyo Grande Creek. Monitoring: Review of final grading plans/site inspection Responsible Department: Public Works Department Timeframe: Prior to issuance of a Grading Permit 5. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, Pay an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Tlmeframe: Prior to issuance of building permit 6. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. RESOLUTION NO. PAGE 14 Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 7. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. Lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department Tlmeframe: Prior to issuance of building permit 8. The applicant shall submit detailed drainage calculations indicating that increased runoff can be accommodated by existing facilities to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 9. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. 10. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 11. All vehicles 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 CVC Section 23114. 12. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. 13. Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. For Measures 9-13: Monitoring: Review of grading and building plans and site inspections .... RESOLUTION NO. PAGE 15 Responsible Department: The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permit 14. The section of Route 227 immediately adjacent to and along the length of the project shall be re-striped to delineate and create a 12 to 14 foot wide, Two-Way- Left-Turn-Lane to accommodate left-tum movements into and out of the project site. 15. The utility pole that currently exists near the northbound shoulder of Route 227 shall be removed. 16. The eastbound lane's curb shall be painted red to disallow on-street parking (equivalent to roughly 5 parking spaces) along the east half of the project. In lieu of disallowing on-street parking, the applicant has the option of removing the asphalt-concrete on the westbound lane, and grading that lane to an acceptable, continuous gradient the length of the project adjacent to Route 227 and then resurfacing and re-striping to accommodate the Two-Way-Left-Turn-Lane. If on- street parking is eliminated, the applicant shall provide for temporary use of one or more lots improved for interim off-street parking. 17. The applicant shall attach a rider to the existing Encroachment Permit for the above-referenced improvements on Route 227. Contact Mr. Steve Senet, Senior Permit Engineer at 549-3206 for more information regarding the Rider to the Encroachment Permit. For Measures 14-17: Monitoring: The applicant shall submit a letter of acknowledgement from the Caltrans Department Permits Office to the City acknowledging that the above improvements have been completed. Responsible Department: Public Works Department Timeframe: Prior to issuance of a Certificate of Occupancy 18. The applicant shall pay the City's Traffic Signalization and Transportation Facilities Impact fees prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Tlmeframe: Prior to issuance of a building permit 19. To compensate for the loss of on-street parking along Route 227 (East Branch Street), the developer shall either: 1) Improve Route 227 to accommodate on- RESOLUTION NO. PAGE 16 street parking along the length of the project per Caltrans standards; 2) reserve lots 8 and 9 for parking until such time as Route 227 is improved to accommodate on-street parking; or 3) establish permanent shared parking for on-site businesses on the project site. Monitoring: The developer shall make the improvements to Route 227. In the interim, lots 8 and 9 shall be improved to allow parking, or permanent shared parking on-site shall be established. Responsible Department: Public Works Department Tlmeframe: Prior to issuance of a building permit 20. Private and construction vehicle traffic shall be limited to those areas away from the southern edge of the subject property to reduce the likelihood of bank failure and subsequent sedimentation to Arroyo Grande Creek. 21. No fueling or maintenance of equipment shall take place at the site. Mechanical equipment shall be serviced in designated staging areas located outside the 25- foot setback area. 22. Siltation/sedimentation control measures shall be implemented along the entire southern property boundary prior to site construction. Such control measures shall include sediment fences and/or hay bales placed into the hinge of the bank of Arroyo Grande Creek. Erosion/sediment control barricades shall be placed around the perimeter of each construction zone with the potential to drain to the Creek. 23. To reduce surface water runoff and sedimentation into Arroyo Grande Creek, site earthwork shall be limited to those months within the established dry season (April 15 through October 15) unless otherwise approved by the Director of Public Works. 24. Soil shall not be stockpiled in areas located near the eastern property margin adjacent to Arroyo Grande Creek, or in areas that have potential to drain to the Creek. Stockpiled soil should be properly covered at all times to avoid wind and water erosion, and consequent siltation to the Creek. 25. No work shall be performed beyond the top of bank without a permit from the California Department of Fish and Game (CDFG). If any work is proposed in this area, a Riparian Restoration Plan shall be prepared by a qualified restorationlrevegetation biologist. The plan shall be submitted to the City and CDFG for review and approval prior to issuance of a grading or building permit for the project. Landscape plans for the creek setback area shall be reviewed by the Architectural Review Committee (ARC) prior to building permit. 26. The applicant shall submit a Notice of Intent (NOI) to the Regional Water Quality Control Board (RWQCB) to obtain a State Water Resources Control Board General Construction Storm Water Permit. This shall include formulation of a RESOLUTION NO. PAGE 17 Storm Water Pollution Prevention Plan (8WPP) and implementation of Best Management Practices to reduce water quality impacts. The applicant shall retain a copy of the SWPP on site for implementation and periodic inspection purposes. For Measures 20-26: Monitoring: Site inspections Responsible Department: Public Works Department Timeframe: During construction 27. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 28. All construction activities shall be limited to the hours of 8:00 AM to 7:00 PM Monday through Saturday. No construction shall occur on Sunday. Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction 29. The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. 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S Q::,~ II Ii a'l ;I! r H !" 1; "' t>, '1'~ ii I "Ii ii i I: i!I! .... .z ~s _dl?~ -.,:" J3 ....... 3: EXHIBIT B 1 2 \, < (; 5' II ~ ,I II~ ] 'I ~ ~ U \1 .1 ], '] \, ~ ,. ,] I il " I, e> ~ 111~ H ~111 ,d Q::o 0 Zz ~ I ~i 11>> 1-1 ~ r-< .1 0111 ~ i ""0 )1 , 11>0 I ....z II ROO 1'0)111 "'D Ui .... c: ~" > ~~ .... ]' --1 ' (~ - ' I , \ I' EAST VILLAGE PLAZA ~~'~I simon!, . 06 & M PROPEIlTlES. LLC __~~ pug 151 C2; ARROYO GRANDE. CA .......-...- :;"<:'=':...-=:.o;.:~':::: ATTACHMENT 1 MEMORANDUM TO: KELLY HEFFERNON, ASSOCIATE PLANNER FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE SUBJECT: STREET NAMING AT 520, 522, AND 528 BRANCH ST. DATE: 26 MARCH 2003 This memo is in response to confusion that has resulted from multiple suggestions that have been made for the private roadway at this development location. As part of the process that is normally practiced when streets are initially named, the Director of Building and Fire has reviewed the submitted name to determine if there would be any name conflict with any pre-existing street located in, or near our City. If a conflict were to be found it could cause confusion to dispatchers and emergency crews responding to that location. The original suggested name was Sterling Lane. Sterling Lane exists in unincorporated San Luis County, and Sterling exists in 2 locations in Santa Barbara County. Subsequently, this name was not approved. Several variations using the name Loomis were suggested, but were not approved because Loomis St. is located in San Luis City, and in unincorporated San Luis County. Vard Loomis Lane and Vard Loomis Court are both located within our City. In this case it is felt that under duress, it would be too easy for a caller to report the location as merely "Loomis", thereby leaving the location incompletely identified. Finally, East Village Plaza Circle was recommended. This suggestion was approved based on the establishment of a positive identification being associated with a development name, and little chance of confusion with Village Court or Village Glenn, streets already so named in our City. The intent of this review by Building and Fire is not to suggest actual names, but rather to strongly suggest the avoidance of names that might cause confusion and delay in the response to emergencies. ,-- --._------ 11.a. MEMORANDUM TO: CITY COUNCIL @ FROM: RICK TerBORCH, CHIEF OF POLICE SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ARROYO GRANDE MUNICIPAL CODE, CHAPTER 10.16 REGARDING PARKING DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council introduce for first reading an Ordinance of the City Council of the City of Arroyo Grande amending Chapter 10.16 of the Arroyo Grande Municipal Code. FUNDING: There is no General Fund impact. DISCUSSION: Police Department staff along with the City Attorney has been reviewing the City's Parking Enforcement Program. That review identified the need to clarify and enhance portions of the Municipal Code regulating parking and to expand parking restrictions to address areas such as sidewalks and hospital entrances. It is recommended that Municipal Code Section 10.16.020 be amended and Sections 10.16.025 and 10.16.055 be added as depicted in Exhibit "A" of the proposed attached ordinance. The elements of these amendments include: . Cleanup language to Section 10.16.020.C regarding parking restrictions at the Fire Station. . Additions to Section 10.16.020 to prohibit parking in the following circumstances: 1. Parking on a sidewalk. 2. Parking in front of a public or private driveway. 3. Parking within fifteen (15) feet of the entrance to a hospital. 4. Parking on a City street or municipal parking lot where prohibited by sign or red curb. 5. Parking on a City street or municipal parking lot when parking has been prohibited during designated time periods. 6. Parking in areas which require parking permits issued by the City. . Creation of Section 10.16.055 which specifically regulates parking in timed parking zones. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ARROYO GRANDE MUNICIPAL CODE, CHAPTER 10.16 REGARDING PARKING APRIL 8, 2003 PAGE 2 . Creation of Section 10.16.025 which specifically prohibits the parking of vehicles over six (6) feet on designated streets or portions thereof. The proposed code amendments meet current legal requirements. In that these new provisions are being added to the Municipal Code, it will be necessary at the second reading of the Ordinance to include a resolution establishing fines for violation of these new sections. The fines will be the same as adopted by the City Council on June 11, 2002 for the corresponding Vehicle Code violations. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; - Do not approve staffs recommendation; - Modify as appropriate and approve staffs recommendation; or - Provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 10.16 REGARDING PARKING WHEREAS, Chapter 10.16 of the Arroyo Grande Municipal Code has been established to regulate parking of vehicles on City streets and municipal parking lots; and WHEREAS, there is a need to ensure that the City's ordinances and its parking enforcement activities meet current State legal requirements. NOW, THEREFORE, the City Council of the City of Arroyo Grande does ordain as follows: SECTION 1: Section 10.16.020 of the Arroyo Grande Municipal Code is hereby amended and Sections 10.16.025 and 10.16.055 are hereby added, as shown in Exhibit "A" attached hereto and incorporated by the reference as though set forth in full. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative ServiceslDeputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall become effective thirty (30) days after its adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this day of , 2003. ORDINANCE NO. PAGE TWO TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY EXHIBIT "A" CITY OF ARROYO GRANDE MUNICIPAL CODE CHAPTER 10.16 PARKING 10.16,020 Stopping and Standing Prohibited in Certain Places It is unlawful for any person to stop, leave standing, permit to be stopped or permit to be left standing, any vehicle in the following places: A. Within fifteen (15) feet of an intersection; B. Within fifteen (15) feet of any fire hydrant; C. Within fifteen (15) feet of the driveway entrance to a fire station; D. Within fifteen (15) feet of the entrance toa hospital; E. On any reserved space, except to take on or let oft passengers; F. In a crosswalk; G. On a sidewalk; H. In front of a public or private driveway; I. In an intersection, except along the opposing edge of a T-intersection where a prohibition is not needed for public safety and/or traffic control; J. On any City street, highway, or municipal parking lot where parking has been prohibited pursuant to Municipal Code Section 10.16.050 and where such street or parking lot is sign posted or painted with red paint of the curb surface; K. On any City street or highway where parking has been prohibited between designated time periods pursuant to Municipal Code Section 10.16.050 and where such restriction has been designated by appropriate signage and/or markers; L. In any area reserved for preferential permit for residents, merchants and their guests under terms set forth in the resolution of the City Council designating the geographical area, without possessing and displaying the proper City-issued permit. 10,16,25 Parking Vehicle Over Six (6) Feet in Height It is unlawful for any person to stop, leave standing, permit to be stopped or permit to be left standing a vehicle that is six (6) feet or more in height on a City street or highway or portion thereof, pursuant to a resolution of the City Council prohibiting the parking of such vehicles and where such restriction has been designated by appropriate signage and/or markers. 10.16.055 limited Time Parking It is unlawful for any person to park a vehicle for a period of time longer than specified on a City street, highway, or in a municipal parking lot where such parking has been restricted as to the length of time such vehicles may be parked pursuant to Municipal Code Section 10.16.050 and where such restriction has been designated by appropriate signage and/or markers. 11.b. MEMORANDUM TO: CITY COUNCIUREDEVELOPMENT AGENCY FROM: DIANE K. SHEELEY, ECONOMIC DEVELOPMENT DIRECTOR eld SUBJECT: FACADE IMPROVEMENT GRANT PROGRAM DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council/RDA approve the Facade Improvement Grant Program. FUNDING: The City Council recently approved the $50,000 Community Development Block Grant funding to support the Facade Improvement Grant Program. DISCUSSION: The City of Arroyo Grande Facade Improvement Grant Program will provide assistance in the form of a matching grant as an incentive for property owners and tenants to renovate building facades in both the East Grand Avenue "Midway" Area between Elm and' Halcyon. and the Village Area. The CDBG funding will become available in October 2003. Staff has developed the proposed program implementation process for City Council/RDA consideration. It is recommended City staff begin promotion of the program and make applications available beginning June 2003. The program will be publicized by the Village Improvement Association, and through direct mailings to property and business owners, press releases, notice on the City's web site, and in the Staoecoach Express. In an effort to assist as many property owners and tenants as possible, the maximum matching grant amount is $5,000 per business. Eligible improvements may consist of, but are not limited to, removal and replacement of outdated or non-conforming signs, modification of doors and windows, repair, replacement, removal or installation of awnings. marquees or other sun shade devises, exterior painting and decorative treatment, architectural lighting on the front facades, minor landscaping directly related to the front exterior of the building, and other facade improvements which wiIJ contribute to the retaill"streetscape" environment. CITY COUNCIURDA FACADE IMPROVEMENT GRANT PROGRAM APRIL 8, 2003 PAGE 2 The first step in applying for the Grant Program under the proposed process is to submit a completed application packet to the City. Staff will then review the application for completeness and meet with the applicant to review the schematic design for the proposed improvements and the estimated construction cost. The applicant's architect will make final modifications to the design. All necessary application requirements and the construction cost sheet will then be submitted to staff. City staff will review the submittal and forward the packet to the Architectural Review Committee which will review and provide design input on all submitted design proposals. The architect should ensure that the proposals comply with City standards and communicate all comments directly to City staff. Upon the City's approval of proposed improvements, the applicant is responsible for obtaining all applicable permits. Once the project is completed, the applicant must request the appropriate inspections, and submit a final invoice with appropriate documentation and photographs of completed improvements. A reimbursement check will then be issued within 30 days. ALTERNATIVES; The following alternatives are provided for the Council's/Redevelopment Agency's consideration: 1. Approve the Facade Improvement Grant Program; 2. Modify and approve the Facade Improvement Grant Program; 3. Do not approve the Facade Improvement Grant Program; 4. Provide direction to staff. Attachments: 1. Facade Improvement Grant Program application 2. Facade Improvement Grant Program brochure Attachment 1 NAME OF APPLICANT ADDRESS OF APPLICANT TELEPHONE OF APPLICANT APPLICANT IS Owner 0 Tenant 0 NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER TELEPHONE OF PROPERTY OWNER FACADE IMPROVEMENTS ADDRESS OF PROPERTY TO BE IMPROVED I I ESTIMATED INTERIOR AREA SQ. FT. BUILDING VALUE FACADE AREA SQ. FT. ESTIMATED CONTRUCTION COST (ATTACH COST SHEET) TOTAL AREA SQ. FT. ESTIMATED ARCHITECT'S COST (ATTACH COST SHEET) IMPROVEMENTS - Provide a descriotlon of existlno conditions of bulldino and the orooosed Imorovements I have read the terms and condltJons as explained In the Facade Improvement Grant Program Brochure. I understand that the City of Arroyo Granda (City) will provide limited assistance In e form of a matching Grant to renovate the property facade. I have read the list of Improvementa that are eligible for asalstance. I understand the terms set forth regarding the payment procedure. I undarstand that the City will provide a matching Grant according to a contribution made from the property (owner(s) and lor tenant(s). The City's Grant will be limited as outilnad In the Brochure. Further, I understand that payment will be made dlrectiy to the applicant within thirty (30) days of completion and after written acceptance by the City of the Improvement. To the best of my knowledge all Information on the application Is true. Note: If applicant Is not the owner of the property to be Improved, a wrllten permlsalon from the property owner(s) allowing the subject Improvements Is mandatory. No application will be processed without a signature from the property owner. Signature of the Applicant Date Signature of the Property Owner Dele FOR INTERNAL USE ONLY Initial Application Packet: Approved 0 Denied 0 Signature of City Staff Dale Proposed Design: Approved 0 Denied 0 Signature of Planner Date City Final Review: Approved 0 Denied 0 Signature of City 5taff Dete 11.c. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER )f 1/ SUBJECT: CONSIDERATION OF CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY DATE: APRIL 8, 2003 RECOMMENDATION: It is recommended the City Council authorize staff to enter into an agreement with Phillips Metsch Sweeney Moore Architects to assist the City in preparing a City Hall facilities needs assessment and feasibility study. FUNDING: Phillips Metsch Sweeney Moore Architects have agreed to provide these services on a volunteer basis at no cost to the City. It is estimated that the value of this work is $13,000 to $15,000. The only direct cost to the City is projected to be $750 for supplies and mailing costs. DISCUSSION: One of the key goals of the City has been to better plan for and address the City's infrastructure needs, which includes utilities, roads and buildings. Significant progress has been made over the past few years. The City now has in place master plans and 5- year capital improvement programs for streets, water, sewer and drainage facilities. A needs assessment was completed and an upgrade of the Fire Station is underway. Plans have been prepared for an upgrade to the Police Station and a grant application for federal funding is pending. A number of efforts are underway to address the City's park needs, including construction of the new Rancho Grande Park. ADA and roofing upgrades are being conducted to the Woman's Club Community Center. A planning effort to identify needs and concepts for a recreation center has been completed and implementation strategies are being developed. The remaining primary unmet facility needs that have not been addressed involve the City Hall complex. Over the past several years, a number of concepts have been identified and properties even acquired for a replacement facility. No funding is currently budgeted or available for upgrades or replacement of the City Hall complex at this time. However, staff believes it is important to initiate a planning effort in order to clarify needs, opportunities, and establish an agreed upon plan for the future. It is important to note that the purpose of the planning effort is not to assume construction of CITY COUNCIL CITY HALL FACILITY NEEDS ASSESSMENT AND FEASIBILITY STUDY APRIL 8, 2003 PAGE 2 a new facility, but rather to agree on the City's needs and then assess options and the feasibility of addressing those needs. The proposed process includes the following steps: . Assess City office space and facility needs. . Identify desired site conditions and design characteristics. . Identify alternative sites. . Assess feasibility of alternatives. . Identify preferred alternatives and prepare conceptual drawings. . Develop funding and implementation strategies. The process will include a series (minimum of four) of community meetings to obtain input, feedback, participation and consensus. It is proposed to begin in early summer 2003 and complete the process over a 12 -14 month period. Staff is interested in obtaining feedback from the City Council regarding any desired changes to the proposed scope of work. Phillips Metsch Sweeney Moore Architects has extensive experience in design of public facilities. A copy of their proposal letter and background of the firm is attached. Fred Sweeney, Principal with the firm, will provide the majority of the services. He grew up in Arroyo Grande, which is the basis for his interest in volunteering these services. It also makes him uniquely qualified given his familiarity with the needs, history and issues of the community. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Authorize staff to enter into an agreement with Phillips Metsch Sweeney Moore Architects to assist the City in preparing a City Hall facilities needs assessment and feasibility study; - Direct staff to modify the scope of work and then proceed with the study; - Direct staff to budget funding for the study and issue an RFP to hire a consultant; - Direct staff to not initiate any planning effort regarding the City Hall complex; - Provide direction to staff. Attachments: 1. Proposal letter from Fred L. Sweeney AlA dated March 27, 2003 2. Phillips Metsch Sweeney Moore Architects background information (on file in Administrative Services Department) -----..- Attachment 1 ReCEIVED cny OF f".RRDY0 G:::'\;:~E 27 March 2003 03 MAR 3 I PH 2: 46 Steven D. Adams City Manager ' P.O. Box 550 Arroyo Grande, CA 93421 ARCHiTECTS Subject: City of Arroyo Grande Civic Center Feasibility StudY' ,PMSM Project No. 03023.00 Dear Steven: It was a pleasure to meet with you and with Rob Strong concerning the needs of the City and a future Civic Center Complex. , As you know, Arroyo Grande is my hometowri and I find this opportunity to be a part of its future very exciting. As such, I would like to offer the followjng proposal. A~ principal in our firm, I can offer my design, presentation, and organizational skills to assist you, yourstaff,and the council to develop a vision graphic for the future implementation of a Civic Center on a site to be determined from this process. I would provide the concept study of up to three sites, and then narrow the focus to develop one preferred site as the "vision" for the future Civic Center. This would be accomplished by providing a water color "aerial" rendition of the site solution plus at least one visual perspective sketch of that concept. Additionally, I would participate in at least four public meetings to.assist the City in reaching. consensus on a site and a cQncept. I would propose to offer ~hese services pro bono as a contribution to my hometown. It is my understanding that the City will be able to supply a budget of $300.00 to cover materials and reproduction costs associated with this effort. The value of these pro bono services is in the range of $13,000 to $15,000. Ifthis offer meets with your approval, . please sign both copies of this proposal, retain one for your records, and return one copy t<<;> my office. . I look forward.to working with you and the community on this project and I am prepared 'to start at a mutual earliest convenience. ' ,Accepted by: ROGER A. PHILLIPS AlA 2020 AlAMEDA PAORE SERRA, SUITE 220 SANTA BARBARA, CA 93103 STEPHEN METSCH AlA TEL 805 963.1955 FAX 805 564-8582 FRED L SWEENEY AlA 935 RIVERSIDE AVE,. #20 PASO ROBLES, CA 93446 TEL 80S 227.4540 FAX 805 227.Q712 IA'v1ES E MOORE IV AlA