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Agenda Packet 2006-02-14 CITY OF I! Tony Ferrara Jim Guthrie Jim Dickens Joe Costello Ed Arnold Mayor Mayor Pro Tem Council Member Council Member Council Member Agenda City Council ~U~LIFOR~.-i '.~~~I-' Steven Adams City Manager Timothy J. Carmel City Attorney Keily Wetmore City Clerk AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, FEBRUARY 14, 2006 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: 3. FLAG SALUTE: VETERANS OF FOREIGN WARS 2829 4. INVOCATION: PASTOR GEORGE LEPPER PEACE LUTHERAN CHURCH 5. SPECIAL PRESENTATIONS: 5.a. Honorary Proclamation Recoanizina February 28. 2006 as "Spay Day USA" 6. AGENDA REVIEW: 6a. Move that all ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - FEBRUARY 14, 2006. PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: . Direct City staff to assist or coordinate with you. . A Council Member may state a desire to meet with you. . It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: . Comments should be limited to 3 minutes or less. . Your comments should be directed to the Council as a whole and not directed to individual Council members. . Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period January 16, 2006 through January 31,2006. 8.b. Consideration of Annual Adiustment of ImDact Fees (KRAETSCH) Recommended Action: Adopt Resolution approving the annual adjustment to the City's impact fees. 8.c. Consideration of ADDroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special and Regular City Council meetings of December 13, 2005, and the Regular City Council meeting of January 10, 2006 as submitted. 8.d. Consideration of Reiection of Claim Aaainst City - Briahton Ridae Homeowners Association (WETMORE) Recommended Action: Reject claim. 8.e. Consideration of Reiection of Claim Aaainst City - D. Powers (WETMORE) Recommended Action: Reject claim. AGENDA SUMMARY - FEBRUARY 14, 2006 PAGE 3 8. CONSENT AGENDA (continued): 8.f. Consideration of a Resolution Aoorovina a Side Letter of Aareement to the Arrovo Grande Police Officers' Association Memorandum of Understandina (ADAMS) Recommended Action: Adopt Resolution approving a side letter of agreement to the Arroyo Grande Police Officers' Association Memorandum of Understanding which will extend the current MOU two more years and include some modifications to salaries and benefits. 8.g. Consideration to Install Continuous Traffic Count Eauioment for City Traffic Sianals (SPAGNOLO) Recommended Action: 1) Drect staff to add continuous traffic count equipment into the scope of work for the Camino Mercado/West Branch Street Traffic Signal Project and negotiate a change order accordingly with the contractor; 2) Direct staff to purchase a laptop computer and specialty software to download vehicle count data; and 3) Appropriate $2,800.00 from the Traffic Signalization Fund. 8.h. Consideration of Aooi'oval of Emolovment Aareement: City Manaaer (CARMEL) Recommended Action: Approve the revised Employment Agreement between the City of Arroyo Grande and Steven Adams and authorize an appropriation of $5,126 from the General Fund. 8.1. Consideration of Acceotance of Rotary Bandstand (ADAMS) Recommended Action: Direct staff to file a Notice of Completion and authorize the Mayor to accept the Rotary Bandstand constructed by the Rotary Club of Arroyo Grande at the Village Green. 9. PUBLIC HEARING: 9.a. Consideration of Prooosed Traffic Way Tree Master Plan (HERNANDEZ) Recommended Action: Adopt the recommendation of the Parks and Recreation Commission to approve Phase 1 of the Traffic Way Tree Master Plan and continue Phases 2 and 3 pending further discussions and revisions between the Tree Guild and Traffic Way business owners. 10. CONTINUED BUSINESS: 10.a. Consideration of a Presentation of Alternatives for the Brisco Road-Halcvon Road/Route 1011nterchanae Proiect and Fundina Process (SPAGNOLO) Recommended Action: Receive presentation and provide comments to be forwarded to the Project Development Team. AGENDA SUMMARY - FEBRUARY 14, 2006 PAGE 4 11. NEW BUSINESS: 11.a. Consideration of Modification to California Public EmDlovees' Retirement System (CALPERSl Contract (KRAETSCH) Recommended Action: 1) Introduce an Ordinance amending the contract with the California Public Employees' Retirement System; and 2) Approve and authorize the Mayor to sign on behalf of the City the Resolution of Intention to amend the contract with the California Public Employees' Retirement System. 11.b. Consideration of Relocation of Viacom Outdoor Billboard. 145 West Branch Street (STRONG) Recommended Action: Adopt a Resolution approving the Billboard relocation, but requiring removal on or before August 11, 2011. 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. None. 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a. None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that . are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 17. ADJOURNMENT AGENDA SUMMARY - FEBRUARY 14, 2006 PAGE 5 ************************* All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the City Clerk's office 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. *********************.**** Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arrovoqrande.orq , L OF 5.8. ":"';':'. "1'1, ~I ~t(~ "'li'd;r,/~ ,. ?V~, '\:r.tU C A L I FOR ~y..t.;fr ,--~~ .~12; llcDcrary ~lamafiCD ~g febRmry 2~, 2CC6 as "Spay Day US!!" WHEREAS, dogs and cats provide companionship to and share homes of over 63,000,000 individuals in the United States; and ' WHEREAS, two unaltered cats and their offspring can produce 420,000 more cats in seven years and two unaltered dogs and their offspring can produce 67,000 more dogs in six years; and WHEREAS, humane societies and shelters have to kill approximately four million dogs and cals each year, although many of them are healthy and adaptable, simply becauselhere are not enough good homes; and WHEREAS, the problem a' companion animal overpopulation costs the taxpayers a' this country over a billion dollars annually through animal control programs aimed at coping with the millions 0' homeless dogs and cals; and WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce dog and cat overpopulation; and WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and private citizens worked together to ensure the spaying or neutering 0' more than 125,000 companion animals through "Spay Day USA" in 2005, and they have joined together again to advocate the spaying and neutering a' companion animals on "Spay Day USA 2006", NOW, THEREFORE, BE IT RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo Grande, on behall of the City Council, do hereby proclaim that February 28, 2006 is designated "Spay Day USA"; and encourage people of Arroyo Grande to observe the day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of onother person's dog or cat. IN WITNESS WHEREOF, I have hereunto set my hand and coused the Seal of the City a' Arroyo Grande to be affixed this 14'" day a' February 2006. Tony Ferraro, Mayor 8.a. MEMORANDUM FROM: CITY COUNCIL All ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES h FRANCES R. HEAD, ACCOUNTING SUPERVISO$ CASH DISBURSEMENT RATIFICATION TO: BY: SUBJECT: DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period January 16 through January 31, 2006. FUNDING: There is $669,765.55 fiscal impact. All payments are within the existing budget. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Provide direction to staff. . Attachments: ,I Attachment 1 - Cash Disbursement Listing Attachment 2 - January 20 2006, Accounts Payable Check Register Attachment 3 - January 20,2006, Payroll Checks & Benefit Register Attachment 4 - January 27,2006, Accounts Payable Check Register ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of January 16 Through January 31, 2006 February 14, 2006 Presented are the cash disbursements issued by the Department of Financial Services for the period January 16 to January 31, 2006. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTACHMENT AMOUNT January 20, m Accounts Payable Us 124674-124746 2 $ 110,928.68 Payroll Cbe::ks & Benefit 01ecks 3 471,2Z7.82 $ 582,156.50 January Zl, 2(0) Accounts Payable Us 124757-124856 4 $ 87,609.05 n\O-WEEKrorAL $ 669,765.55 U:\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) Citu Government (Fund 010) 4001 - City Council 4002 - Administrative Services 4003 - City Attorney 4101 - City Manager 4102 - Printing/Duplicating 4120 - Financial Services 4121 - Taxes/ Insurance/ Bonds 4130 - Community Development 4131 - Community Building (CDBG) 4140 - Management Information System 4145 - Non Departmental Public Safetu (Fund 010) 4201 - Police 4211 - Fire 4212 - Building & Safety Public Works (Fund 010) 4301 - Public Works-Admin & Engineering 4303 - Street/Bridge Maintenance 4304 - Street Lighting 4305 - Automotive Shop Parks & Recreation (Fund 010) 4420 - Parks 4421 - Recreation 4422 - General Recreation 4423 - Pre-School Program 4424 - Recreation-Special Programs 4425 - Children in Motion 4426 - Five Cities Youth Basketball 4430 - Soto Sport Complex 4213 - Government Buildings 4460 - Parkway Maintenance SPECIAL REVENUE FUNDS Park Development Fee Fund (Fund 213) 4550 - Park Development Fee Traffic Signal Fund (Fund 222) 4501 - Traffic Fund Transportation Fund (Fund 225) 4553 - Public Transit System Construction Tax Fund (Fund 230) 4556 - Construction Tax Police Grant Funds 4201 - Law Enforcement Equip. (Fd 272) 4202 _ State AB3229 Cops Grant (Fd 271) 4203 - Federal Universal Hiring (Fd 274) 4208 - Federal Local Law Enforcmt (FD 279) Redevelopment Agency ( Fund 284) 4103 - Redevelopment Administration ENTERPRISE FUNDS Sewer Fund (Fund 612) 4610 - Sewer Maintenance Water Fund (Fund 640) 4710 - Water Administration 4711 - Water Production 4712 - Water Distribution Lopez Administration (Fund 641) 4750 - Lopez Administration CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 5501-5599 - Park Projects 5601-5699 - Streets Projects 5701-5799 - Drainage Projects 5801-5899 - Water/Sewer/Street Projects 5901-5999 - Water Projects U:\MSWORD\ CITY COUNCIL FORMS\ CASH DISBURSEMENT FORMS\ CASH DISBURSEMENT SCHED wEXCEL WKS.doc --~-- ~ ~ 0 "'." 00 00 00 00 <Xl ... ~ l: C! 00> 00 00 00 ........ N <D ::l M~ cOeD 00 00 LO..n ,...: cO 0 <0 E "IN NN "'M ~ ~ ~~ '" '" <D CD N N C) ... <( " iti D> C) M CO CO D- a.. 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" 0 " 0 0 ... - N l,) " ~ - .c 0 "" l,) .c N " ::J - '" g l,) .- m > 0 ATTACHMENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 12/30/05 - 01/12/06 01/20/06 FUND 010 FUND 220 FUND 284 FUND 612 FUND 640 413,970.91 17,954.84 8,530.31 30,771.76 471,227.82 5101 5102 5103 5105 5107 5108 5109 5110 5111 5112 5113 5114 5115 5121 5122 5123 5126 5127 5131 5132 5133 5134 5135 5143 5144 5146 5147 5148 5149 5150 Salaries Full time Salaries Part-Time - PPT Salaries Part-Time - TPT Salaries OverTime Salaries Standby Holiday Pay Sick Pay Annual Leave Buyback Vacation Buyback Sick Leave Buyback Vacation Pay Comp Pay Annual Leave Pay PERS Retirement Social Security PARS Retirement State Disability Ins. Deferred Compensation Health Insurance Dental Insurance Vision Insurance Life Insurance Long Term Disability Uniform Allowance Car Allowance Council Expense Employee Assistance Boot Allowance Motor Pay Bi-Lingual Pay 175,691.11 18,602.45 12,473.25 15,502.95 21,671.25 3,742.72 37,772.35 15,589.92 6,516.75 3,316.69 74,139.45 23,674.59 397.60 1,567.60 775.00 33,846.41 4,051.11 904.15 730.28 1,054.54 18,200.00 500.00 232.65 75.00 200.00 471,227.82 ~ - 00 <0'" 00 00 0 00 00 l: ::J 00 ...... 00 00 0 00 ~C! .0 ..0"; tOeD 00 00 c:i ..0"; ~ ~ E <0'" ~ ~ 0) co "'"' "- MO <0'" N N ...... ~ <0'" <( ctiai Gi ~ ~ Gi 01 '" ..,. .. '" ll. D- E-< Z uSuS OL OL , , ciJ S S 00 S S en en S S '" -' -' 00 00 0 <0 ::; O. <(<( 0 ZZ 0 0 0::0:: 0:: 0 0 ~ ... WW ... ... ... ~ ... ... :;;:;; ZZ ~~ 0:: ww ww ~ WW - U <5<5 D-D- <(<( <( LLLL ~ ZZ ZZ ZZ , 0 -< ClCl Z t9t9 ... 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MEMORANDUM TO: FROM: SUBJECT: CITY COUNCIL ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES << CONSIDERATION OF ANNUAL ADJUSTMENT OF IMPACT FEES DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution approving the annual adjustment to the City's Impact Fees. FUNDING: The adoption of the attached Resolution will increase the Impact Fees charged for new development projects in 2006. The revenue generated from this increase is dependent on the amount of new development in the community during the coming year. DISCUSSION: In order that Impact Fees remain current with inflation, Section 3.36.040 of the Arroyo Grande Municipal Code states that the fees shall be adopted by resolution and shall be adjusted each year by the Engineering News Record Construction Cost Index. The calculation specified in Section 3.36.040 adjusts the fees as follows: Factor = 1 + Current Index -Base Index For Date of Adoption Base Index For Date of Adoption The calculation is as follows: 1.0464 = 1 + 7647 - 7308 7308 ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation to increase Impact Fees; Do not approve staff recommendation and retain current fee structure; - Modify staff recommendation and approve; Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX WHEREAS, pursuant to Section 3.36.040 of the Municipal Code, Development Impact Fees are to be adjusted annually by modifying the adopted value up or down in conformance with the Engineering News Record Construction Cost Index. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the fees and fee schedules set forth in Exhibit "A" attached hereto and incorporated herein by this reference. This Resolution shall take effect sixty (60) days after its adoption per Government Code Section 66017. On motion of Council Member seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2006. RESOLUTION NO. PAGE 2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY, EXHIBIT "A" Definitions: Development Types -Residential and commercial development divided into sub- categories. Units of Development - A standard measure of the cost to provide services. The acre is the fundamental unit measure, which is divided into a smaller component, the dwelling unit (DU). Asset Cost Per Acre - The calculated cost to provide additional services/facilities to new development. Calls Per Unit - The number of yearly additional police calls generated by new development. Facility Cost Per Call - The cost per call to expand current police facilities to accommodate new development. Persons Per Unit - The number of persons expected to reside in the unit of development. Costs Per Capita - The cost of new or additions to the current community center, on a per person basis, to maintain the current level of service of recreation facilities. Impact Fee Per Unit - The fee to be levied per unit of development in order to recover future cost of new or expanded facilities. Fees: A person seeking to construct a residential or non-residential development project shall pay Development Impact Fees for fire protection, police facilities, traffic signalization, transportation facilities, community centers, park improvements, and water facilities based upon the following schedule: Exhibit A CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES REVISED 2/14/06 Fire Protection Development Fee per Acres Fee Type Units Acre Per Unit Per Unit Residential - Estate Dwelling Unit $ 1,548.07 2.500 $ 3,870.16 Residential Rural Dwellin9 Unit $ 1,548.07 1.000 $ 1,548.07 Residential- Single-Family Dwelling Unit $ 1,548.07 1.000 $ 1,548.07 Low- income Dwelling Unit $ 387.02 1.000 $ 387.02 Very Low-income Dwelling Unit 1.000 Residential- Multi-Family Dwelling Unit $ 1,548.07 0.090 $ 139.33 Low- income Dwellin9 Unit $ 387.02 0.090 $ 3483 Very Low-income Dwelling Unit 0.090 Residential Mobile Home Dwellin9 Unit $ 1,548.07 0.120 $ 185.77 Low- income Dwelling Unit $ 387.02 0.120 $ 46.44 Very Low-income Dwellin9 Unit 0.120 $ Commercial - General Thousand Square Feet $ 1,548.07 0.091 $ 140.87 Commercial - Service Thousand Square Feet $ 1,548.07 0.091 $ 140.87 HotellMotel Thousand Square Feet $ 1,548.07 0.050 $ 77.40 Professional Offi~ Thousand Square Feet $ 1,548.07 0.077 $ 119.20 Industrial Thousand Square Feet $ 1,548.07 0.067 $ 103.72 Police Facilities Development Fee per Calls Fee Type Units Call Per Unit Per Unit Residential - Estate Dwelling Unit $ 129.20 0.250 $ 32.30 Residential Rural Dwelling Unit $ 129.20 0.250 $ 32.30 Residential - Single-Family Dwelling Unit $ 129.20 0.750 $ 96.90 Low- incom'e Dwelling Unit $ 32.31 0.750 $ 24.23 Very Low-income Dwelling Unit 0.750 Residential - Multi-Family Dwelling Unit $ 129.20 1.320 $ 170.54 Low- income Dwelling Unit $ 3231 1.320 $ 42.64 Very Low-income Dwellin9 Unit 1.320 Residential Mobile Home Dwellin9 Unit $ 129.20 0.750 $ 96.90 Low- income Dwelling Unit $ 32.31 0.750 $ 24.23 Very Low-income Dwelling Unit 0.750 Commercial - General Thousand Square Feet $ 129.20 3.909 $ 505.05 Commercial - Service Thousand Square Feet $ 129.20 2.273 $ 29363 Hotel/Motel Thousand Square Feet $ 129.20 1.195 $ 154.39 Professional Office Thousand Square Feet $ 129.20 0.095 $ 12.32 Industrial Thousand Square Feet $ 129.20 0.045 $ 5.86 Transportation Facilities Development Fee per PeakTrips Fee Type Units Trip Per Unit Per Unit Residential - Estate Dwelling Unit $ 1,553.85 1.2 $ 1,864.62 Residential Rural Dwelling Unit $ 1,553.85 1.2 $ 1,864.62 Residential- Single-Family Dwelling Unit $ 1,553.85 1.0 $ 1,553.85 Low- income Dwelling Unit $ 388.46 1.0 $ 388.46 Very Low-income Dwelling Unit 1.0 Residential- Multi-Family Dwelling Unit $ 1,553.85 0.7 $ 1,087.70 Low- income Dwelling Unit $ 388.46 0.7 $ 27192 Very Low-income Dwelling Unit 0.7 Residential Mobile Home Dwelling Unit $ 1,553.85 0.5 $ 77693 Low- income Dwelling Unit $ 388.46 0.5 $ 194.23 Very Low-income Dwelling Unit 0.5 Commercial - General Thousand Square Feet $ 1,553.85 7.0 $ 10,876.96 Commercial - Service Thousand Square Feet $ 1,553.85 4.0 $ 6,215.41 Hotel/Motel Thousand Square Feet $ 1,553.85 1.8 $ 2,796.93 Professional Office Thousand Square Feet $ 1,553.85 2.8 $ 4,350.78 Industrial Thousand Square Feet $ 1,553.85 0.8 $ 1,243.08 Exhibit A CITY OF ARROYO GRANDE DEVELOPMENT IMPACT FEES REVISED 2/14/06 Community Centers Development Fee per Persons Fee Type Units Capita Per Unit Per Unit Residential - Estate Dwelling Unit $ 42.43 2.7 $ 114.57 Residential Rural Dwelling Unit $ 42.43 2.7 $ 114.57 Residential- Single-Family Dwelling Unit $ 42.43 2.7 $ 114.57 Low- income Dwelling Unit $ 10.61 2.7 $ 28.65 Very Low-income Dwelling Unit 2.7 Residential- Multi-Family Dwelling Unit $ 42.43 2.0 $ 84.86 Low- income Dwelling Unit $ 10.61 2.0 $ 21.22 Very Low-income Dwelling Unit 2.0 Residential Mobile Home Dwelling Unit $ 42.43 1.5 $ 63.65 Low- income Dwelling Unit $ 10.61 1.5 $ 15.92 Very Low-income Dwelling Unit 1.5 Park Improvements Development Fee per Persons Fee Type Units Capita Per Unit Per Unit Residential - Estate Dwelling Unit $ 732.19 2.7 $ 1,976.90 Residential Rural Dwelling Unit $ 732.19 2.7 $ 1,976.90 Residential- Single-Family Dwelling Unit $ 732.19 2.7 $ 1,976.90 Low- income Dwelling Unit $ 183.04 2.7 $ 494.22 Very Low-income Dwelling Unit 2.7 Residential- Multi-Family Dwelling Unit $ 732.19 2.0 $ 1,464.37 Low- income Dwelling Unit $ 183.04 2.0 $ 366 09 Very Low-income Dwelling Unit 2.0 Residential Mobile Home Dwelling Unit $ 732.19 1.5 $ 1,098.28 Low. income Dwelling Unit $ 183.04 1.5 $ 274.57 Very Low-income Dwelling Unit 1.5 Water Facilities Meter Size Fee 5/8 inch. 3/4 inch $ 804.91 1 inch $ 1,341.52 1 1/2 inch $ 2,683.01 2 inch $ 4,292.33 3 inch $ 8,049.06 4 inch $ 13,41510 6 inch $ 26,842.96 8 inch $ 53,685.97 8.c. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 13,2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:30 p.m. Council Member Dickens, Council Member Guthrie, Council Member Arnold, City Manager Adams, and City Attorney Carmel were present. Mayor Pro Tern Costello was absent. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: APN: 006-095-002; Parcel Located on Valley Road Steven Adams, City Manager John Taylor, Trustee, E. & E. Taylor Living Trust Price, Terms and Conditions of Potential Purchase b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: APN: 006-085-023; Lot 23, Northeast Corner of Valley Road and Via Berros Steven Adams, City Manager Habitat for Humanity, Penny Rappa Price, Terms and Conditions of Potential Purchase Agency Negotiator: Negotiating Party: Under Negotiation: 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 7:00 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, DECEMBER 13,2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:12 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Dickens, Guthrie, Arnold, and Mayor/Chair Ferrara were present. Mayor Pro TemNice Chair Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Director of Financial Services Kraetsch, Director of Community Development Strong, Director of Public Works/City Engineer Spagnolo, and Associate Planner McClish. 3. FLAG SALUTE Jeff Hicks, representing Rotary Club of Arroyo Grande, led the Flag Salute. 4. INVOCATION Dr. Paul Jones delivered the invocation. 5. SPECIAL PRESENTATION 5.a. Honorary Proclamation Recognizing Mark M. Millis. Mayor Ferrara presented an Honorary Proclamation to Mark Millis recognizing and honoring him for his dedication to promoting family recreational activities within the City, and his dedicated service, leadership, and devotion to family, his civic values and pride. County Board of Supervisor Katcho Achadjian also acknowledged Mr. Millis and thanked him for his service to the community. 5.b. Mayor's Commendations Presented to Jim Bergman, Camela Schaaf, and Raul Juarez. Mayor Ferrara presented Mayor's Commendations to City employees Jim Bergman, Camela Schaaf, and Raul Juarez in recognition of their membership in the Platinum Service Club for service above and beyond the call of duty. Assistant Planner Bergman was not present to accept his Commendation due to illness; however, the Mayor recognized Mr. Bergman. Accounting Clerk Schaaf and Fleet Maintenance Coordinator Juarez accepted the Commendations and thanked the Council. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Council Member Dickens moved, Council Member Guthrie 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/REDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 2 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS None. 8. CONSENT AGENDA Council/Board Member Guthrie moved, and.Council/Board Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.n., with the recommended courses of action. City Attorney Carmel read the title of the Resolution in Item a.j. as follows: "A Resolution of the City Council of the City of Arroyo Grande denying Vesting Tentative Tract Map Case No. 01-001 (otherwise known as Tract 1998), Planned Unit Development Case No. 01-001, and Lot Line Adjustment Case No. 01-002 Located at James Way and La Canada". The motion passed on the following roll-call vote: . AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None Costello 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 16, 2005 through November 30, 2005. 8,b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of October 25, 2005 as submitted. 8.c. Consideration of Acceptance of the Redevelopment Agency's (RDA) Annual Financial Reports [COUNCIL/RDA]. Action: Received and filed the Redevelopment Agency's respective Annual Financial Reports for the fiscal year ended June 30, 2005. 8.d. Consideration of Annual Financial Report - Fiscal Year 2004-05 Receipt and Use of Water and Sewer Development Fees. Action: Received and filed the annual report of the receipt and use of water and sewer development impact fees and charges, in compliance with Government Code Section 66013. 8.e. Consideration of Resolution Accepting the Status Report on Project Development Impact Fees (AB 1600). Action: Adopted Resolution No. 3889 accepting the status report on the receipt and use of Project Development Impact Fees (AB 1600) during the fiscal year ending June 30, 2005. 8.f. Consideration of Approval of an Open Space Easement Agreement for Tract 2616. Action: Adopted Resolution No. 3890 approving and authorizing the Mayor to execute an Open Space Easement Agreement for Tract 2616. 8.g. Consideration of Disposal of Surplus Bicycles. Action: Adopted Resolution No. 3891 declaring the listed bicycles as surplus for donation to the San Luis Obispo County Sheriff's Office to be refurbished and donated to needy children. 8.h. Consideration to Approve Final Tract Map 2539 Subdividing Two (2) .49-Acre Parcels into Twelve (12) Parcels Located at 185 and 187 Brisco Road. Action: Approved Final Tract Map 2539, subdividing two (2) .49-acre parcels into twelve (12) parcels. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 3 8.i. 8.j. 8.k. 8.1. 8.m. 8.n. Consideration to Approve Final Parcel Map AG 03-0071; Subdividing One (1) Parcel into Four (4) Parcels at 231 Corbett Canyon Road. Action: Approved Parcel Map AG 03-0071, subdividing 1.96 acres into four (4) parcels. Consideration of a Resolution Denying Vesting Tentative Tract Map and Planned Unit Development (Case No. 01-001), to Subdivide a 26.9-Acre Property into Twenty-One (21) Residential Lots and a Twenty-Two (22) Permanently Preserved Open Space. Parcel. . Action: Adopted Resolution No. 3892 Denying Vesting Tentative Tract Map Case No. 01-001 (otherwise known as Tract 1998), Planned Unit Development Case No. 01-001, and Lot Line Adjustment Case No. 01-002 Located at James Way and La Canada. Consideration of Determination of Industrial Disability. Action: Adopted Resolution No. 3893 determining that Police Officer Erin Taylor suffers from an industrial disability. Consideration of Salary Adjustments for Management Employees. Action: Adopted Resolution No. 3894 approving a salary adjustment for the position of Chief of Police for FY 2005-06 in the Management Salary Classifications. Consideration of Confirmation of Appointment of New Chief of Police. Action: Confirmed the appointment of new Chief of Police. Consideration of the 2006 State Transportation Improvement Program (STIP) Funding Projects. Action: 1) Approved the projects to be submitted to San Luis Obispo Council of Governments (SLOCOG) for competitive funding consideration in the 2006 State Transportation Improvement Program (STIP); 2) Approved the adjustments to the City's projects to be funded with Urban State Highway Account (USHA) funds); 3) Adopted Resolution No. 3895 declaring the Council's interest in obtaining 2006 STIP funding and local match commitment for the proposed projects; and 4) Directed staff to forward the Resolution to SLOCOG for funding consideration. City Manager Adams referred to the Council's approval of Item 8.m., the confirmation of appointment of new Chief of Police, and introduced Tony Aeilts as the new Chief of Police effective January 9, 2006. Mr. Aeilts briefly addressed and thanked the Council, staff, and the community. 9. PUBLIC HEARINGS 9.a. Consideration of Pre-Application Review Case No. 05-006; Community Sports Center; Five Cities Community Service Foundation; Location - 400 West Branch Street. Community Development Director Strong presented the staff report and recommended the Council 1) review the Pre-Application and provide input to the applicant regarding the des,ign of the proposed facility; 2), provide consensus support for the concept of the proposed facility contingent upon Brisco/Halcyon - Highway 101 Interchange improvements being underway prior to construction of the facility and establishment of an endowment to fund projected operational and maintenance expenses. Fred Sweeney, representing Five Cities Community Service Foundation, gave a presentation on the proposed multi-purpose community center which would offer programs and classes for all ages; would provide a benefit to the City; would be available for City sponsored activities; and CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 4 would accommodate current South County youth and adult sports leagues. He then gave an overview of the site plan, floor plans, arid elevations of the proposed Center. Mr. Sweeney also talked about the use of sustainable "green" materials in the construction of the project; acknowledged that the property is under a Deed Restriction imposed by the County which limits . development of the property for municipal and certain non-profit uses and facilities; addressed concerns about including a full-size pool due to lot size constraints as well as the number of components associated with a pool that would need to be included, such as an equipment room, locker/showers, lifeguards, etc. He noted that a pool would effectively take up most of the site. In response to inquiries by Mayor Ferrara, Mr. Sweeney noted that it would be reasonable to consider a therapy pool in-lieu of a full size pool; stated that an indoor jogging track around the inside perimeter of the building could be incorporated into the plan; and gave further information regarding the use of photovoltaic panels to reduce electrical costs. In response to an inquiry by Council Member Arnold, Mr. Sweeney indicated that there is an ability to provide tennis courts as the Center would have basketball courts, which have larger dimensions than tennis courts and can be made multi purpose. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. . Andrea Neimi Vernav, spoke in support of the proposed Community Center and stressed the importance of complying with ADA accessibility requirements for those with special needs. Jim DeCecco, Five Cities Youth Basketball Board Member, spoke in support of the proposed Community Center and noted the need for this type of facility in a central location to serve the community. He also supported the concept of sustainable buildings. Katcho Achadiian, San Luis Obispo County 4th District Board Supervisor, addressed the deed restriction on the property and agreed to continue working as a partner with the City, although he noted he was speaking as one member of the Board. He stated he was supportive of the project; however, there were concerns that need to be addressed such as traffic and parking. He acknowledged that the County has a master plan for the area; acknowledged that a need for this type of use had previously been identified through the Recreation Subcommittee; and stated that it was important to listen to the concerns of the community members, neighborhood, and the City. Carol Pruett, rural Arroyo Grande resident, provided a historical perspective of the site and the neighboring Royal Oaks subdivision. He noted that the intent for the proposed site was for public use. He spoke in support of the p~oposed Community Center and stated it was an excellent use for this property. Cesna Zaqa, Arroyo.Grande'resident, expressed concern about traffic on Larchmont Street and suggested the installation of a traffic signal at W. Branch Street and E. Grand Avenue to alleviate traffic from going up Larchmont. Pamela Hurd, Arroyo Grande resident, expressed concerns about the size of the facility; impacts to the Royal Oaks subdivision; traffic and circulation impacts; potential hours of operation; acknowledged the Brisco Interchange project; noted that other projects have been approved that will add traffic to the area; expressed concern about the cost of the facility to the City; acknowledged that the project would serve a lot of people, however, inquired what percent of those people live in Arroyo Grande. She suggested relocating the project to another site, or reducing the size of the project. James Nonella, Arroyo Grande resident, spoke in support of the proposed Community Center. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 5 Jim Empey. Arroyo Grande resident, agreed with Mr. Dececco's comments and spoke in support of the proposed Community Center, and also supported the environmental considerations proposed for the project. He stated he was representing the volleyball community and the need for a facility where gym time could be reserved at reasonable hours and club teams could be established in this area. Fleyta Galberth, spoke in support of the proposed Community Center and stated a facility of this type was also needed for adult volleyball. She stated there was not just a need for youths, there was also a need for a facility for adult sports. She also supported the concept of including a kitchen facility or small snack bar. Barclay Andrews, Arroyo Grande resident, spoke in support of the proposed Community Center. Bill Tappan, Arroyo Grande resident, spoke in support of the proposed Community Center. Vard Ikeda, Arroyo Grande resident, Five Cities Community Service Foundation Board Member, and Arroyo Grande High School Girls varsity basketball coach, spoke in support of the proposed Community Center. He spoke of his father's involvement and fundraising to build the Soto Sports Complex and how much the community has enjoyed the Complex for so many years. He stated he wants to do the same thing by volunteering his time to pursue this proposed facility. Rebecca Crist, Arroyo Grande resident, acknowledged the traffic implications related to the proposed project; however, she supported the proposed project and noted the need for gym time and providing more options for sports. Tammy Lauinqer, Pismo Beach resident, spoke in support of the proposed Community Center and commented favorably on the design of the building. Don Hudet, Arroyo Grande resident, expressed concerns about the proposed Community Center's hours of operation, lights, noise, and traffic. He also expressed concern about the cost to operate the facility and inquired if the building would be leased out for other uses. He stated this project would have a massive impact on the adjoining senior community. Charlie Cabassi, rural Arroyo Grande resident, said there is a history of comrnunity pride in this area and spoke in support of the proposed Community Center. Nancy Macy. Arroyo Grande resident, noted that she raised her kids here, but she had to take her kids out of the City to participate in recreational activities and stated this was a real opportunity for the City to build a Community Center for all ages. She supported the proposed project. Eric Johnson, rural Arroyo Grande resident, spoke of the need for additional basketball courts and a pool in the City. He spoke in support of the proposed Community Center. Ross Konqable, Arroyo Grande resident and Chair of the Senior Advisory Committee, commented that he would like to see something that is less concentrated on an activity and expand it into a Center that all ages can use. He inquired about the number of courts proposed for the project and noted that there should be sufficient square footage to provide for additional activities and meeting rooms. Steve Ross, Arroyo Grande resident, spoke in support of the proposed Community Center. He agreed that the City needs facilities for youth, senior and adult sports, and noted that the City does not have the ability to fund a Center at this time. He said this was an important opportunity for the City to get a facility and to have a community organization provide funding, design, and building expertise. He noted that there could be an endowment fund created to operate the facility. He acknowledged the numerous sports that the gym could accommodate, as well as opportunities for hosting sports tournaments. He suggested that the upstairs mezzanine could be used as a daycare facility. He supported the proposed Community Center. J Johnson, rural Arroyo Grande resident and Board Member of Five Cities Community Service Foundation, stated the Board has spent over four years identifying a need for this type of recreational facility. He stated they matched that need with a freeway location; acknowledged CITY COUNCIUREDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 6 that the property is deed restricted for recreational use; stated the project would be built with donations; noted that the Foundation already has one million dollars in the bank for the project with more dollars pledged; and noted that before proceeding with additional fundraising, they need conceptual approval from the Council. He gave an overview of his involvement in building various community projects over the last four decades and noted the community support and spirit in completing these projects. He emphasized the need for a recreational center of this type in the Five Cities area. No further public comments were received and Mayor Ferrara closed the public hearing. Council Member Dickens stated that not long after he was elected, he realized there was a significant lack of recreation facilities for the community. He said he had made a commitment to explore the issue and the Council authorized the formation of a Community Recreation Subcommittee. He explained that a site feasibility study and a community recreation needs survey was completed and conceptual ideas were then developed. He stated that there were three areas of concern in the community: a growing senior population that needs a place to meet; a facility for active sports for all generations; and a community pool. He said his goal was to address all three of those issues in one plan; however, there were many challenges to meet all the needs. He stated it was important that the proposed facility provide multi-generational opportunities, and noted that the proposed site had been identified as the site to meet these needs. Council Member Dickens stated that since that time, a private developer is building a project that will include a senior center on Camino Mercado; and the Arroyo Grande High School is building a new pool to meet aquatic needs. He acknowledged that this Foundation has identified a need and applauded their efforts to provide the community with an asset that would meet a portion of the community's needs. He said his biggest concerns would be traffic and circulation. He said he is committed to pursuing efforts to alleviate traffic problems on Brisco and W. Branch. He suggested conducting a workshop regarding proposed improvements for the Brisco-Halcyon interchange. He said he would need to know how that would be addressed before moving forward. In regard to potential leasable space, he said he was not in favor of any commercial use within the Center; addressed operational costs and stated the City does not have funds in its budget to allocate funds to. subsidize the Center. He acknowledged the generous members 'ofthe 'community who have donated to this type of project. He concluded by stating that he was committed to providing for the recreational needs in Arroyo Grande; is committed to this project; stated the size of the project is appropriate for the site; does not believe a pool can be accommodated on this particular site, but if it could be worked in, he could support that. He said this site has been set aside for this use and now is the time to move forward to support this community group in their efforts. Council Member Guthrie acknowledged the traffic at Brisco and stated that improvements would probably not take place for five to seven years. He agreed that the site has been identified for this type of use; there is clearly a demand for this type of use; there is potential for offering multiple activities and sports; and supported designing the Center as functional as possible for diverse uses. He expressed concerns about parking, and encouraged providing as much parking as possible on site; expressed concern about the City's ability to finance the programming and operational costs once the Center is built, and supported the creation of an endowment fund; and supported moving forward with the project concept with an acknowledgment about the traffic issue. He supported the suggestion for conducting a workshop on the interchange improvements. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 7 Council Member Arnold stated he had no problem supporting the project with the stipulation that the Brisco interchange improvement project is underway, and that there needs to be an endowment to fund operational costs. He said he sees this as a multigenerational facility for youth, seniors and adults. He said the City has approved a number of senior facilities which will provide for meeting space. In terms of the Center paying for itself, he clarified that is why he suggested the inclusion of a food facility within the Center. He commented that the site is large and that a small building would minimize the opportunity. that exists. He said he believed the project had been designed to minimize the impact on the existing neighborhood. He acknowledged that traffic would be the biggest issue to deal with. He said this project would be a benefit to the community, including the citizens of Arroyo Grande, Five Cities, South County, and businesses. He commented that this facility would offer the ability to host tournaments in the area which would be a positive draw for hotels, the Village, and surrounding businesses. He concluded by stating that while being cognizant of the traffic issue, the proposed project is a great opportunity for a facility that the City would be very proud of. I. I \ j", Mayor Ferrara referred to the proposed architectural rendering and compared it to the Durango, Colorado Community Center and noted the similarities in project design, area demographics, and issues for diversity of use. He referred to concerns expressed about hours of operation and stated that if this facility is going to serve as a shared use, then groups need to continue to use other school facilities in order to ensure that none of the facilities are forced to stay open late. He noted this would minimize the impact on students and parents and lessen the need for any facility to be open late. He acknowledged the senior community projects in progress and noted this facility should provide for active exercise programs or therapy for seniors that are not met in other passive use meeting facilities. As far as ongoing maintenance and sustained operation of the facility, he concurred that this could be an impact on the operational budget and suggested the inclusion of a snack bar, or charging a small daily or monthly user fee. He encouraged looking at and considering the photovoltaic system as it relates to operation and maintenance costs; referred to the architecture and suggested smoothing the lines and matching it with surrounding buildings; and suggested looking at including a therapy pool as he was not certain if the site could accommodate aJull'size pool. Mayor Ferrara then displayed a photo depicting traffic congestion on W. Branch Street at 3:00 p.m. on a Saturday afternoon. He stressed the need to add ress the traffic issue before moving forward. He briefly discussed alternatives being considered at SLOCOG, and that efforts will continue to secure State funding. He concluded by stating the proposed facility would be an asset to the community and the site is designated for such a facility. He acknowledged the extensive work that had been done and supported the project in concept. City Manager Adams clarified for the record that the consensus of the Council was to support the basic concept of the project with minor changes in design; that the construction of the project would need to be linked to the Brisco-Halcyon - Highway 101 interchange project; to support the establishment of an endowment fund or some other plan in place to ensure that operational costs would be funded; consider the inclusion of design components to meet the needs of all sectors of the community, such as a therapy pool, an indoor lap track, more senior activities, aerobics, and designing the courts to provide for as many sports as possible. The Council concurred. Mayor Ferrara called a break at 9:23 p.m. The Council reconvened at 9:40 p.m. ! CITY COUNCIUREDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 8 9.b. Consideration to Establish Underground Utility District No. 6 for East Grand Avenue between Halcyon Road and Elm Street. Director of Public Works Spagnolo presented the staff report and recommended the Council adopt a Resolution establishing East Grand Avenue Underground Utility District NO.6. Director Spagnolo responded to questions from Council. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Hansel Burns, Grand Avenue property owner, stated he was interested in what was being proposed and said he had wondered if some of the work had been done when the street was previously torn up. He expressed concern about how the electrical portion would be handled. Director Spagnolo responded that the transformers would be above ground and the conduits and services to each of the properties would be underground. He noted that the transformers would be spaced out and placed in public rights of way in utility easements. No further public comments were received and Mayor Ferrara closed the public hearing. Following comments in support of the project, Council Member Arnold moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Establishing East Grand Avenue Underground Utility District NO.6". Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Dickens, Ferrara None Costello 10. CONTINUED BUSINESS 10.3. Consideration of City Funding Needs Public Education Strategy. City Manager Adams presented the staff report and recommended the Council direct staff to proceed with the proposed public education program and prepare an action item to place a sales tax measure on the ballot to be considered by the City Council in the summer of 2006. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Steve Ross, representing the Arroyo Grande Chamber of Commerce as a Board Member, stated that the Chamber of Commerce has published position papers on a variety of issues, including taxes. He stated the Chamber .doesnot support a general tax that would go into the City's General Fund; however; the Chamber would be more likely to support a special tax specifically pointed toward certain activities. He stated they understood that a 2/3 vote is difficult to achieve for a special tax; however, i( has been done in the past. He noted that providing community education would be a key to the overall success of the ballot measure. He also stated that the Chamber would support some sort of sunset clause. He acknowledged the City's need to potentially fund a number of projects in the future. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 9 Hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Guthrie,.supported a survey to gauge public opinion about the measure; stressed the need for public education and supported the concept of an educational program on the City's government access channel; and commented that if the public was looking for infrastructure improvements, a special tax may be appropriate. He inquired what the other cities in the County were doing and stated that if a majority of cities in the County were pursuing a general tax, that might be a good reason to go with a general tax in order to avoid public confusion. Council Member Dickens noted that the survey results would be beneficial in determining how to move forward. He commented that providing advisory options on the ballot might also be beneficial. He acknowledged the City's future funding needs and supported moving forward as proposed. Council Member Arnold commented that he was impressed. with the draft cable program script and the draft survey. He said he had some initial concerns about the impact to auto sales; however, noted that sales tax is charged based on the rate where the buyer lives. He supported the proposed amount of increase (.5%); opposed a sunset clause, but would consider having the issue reviewed by the Council after a certain amount of time; favored a general tax versus a special tax, noting the difficulty of achieving a 2/3rd's vote for a special tax; supported an advisory ballot measure for identifying potential projects; agreed that public education is important; and opposed the use of professional consultants. He supported the use of the proposed in-house survey to obtain public feedback. Mayor Ferrara echoed Council Member Arnold's comments; noted that he did not favor sunset clauses because the City needs a steady stream of revenue as a financing source to accomplish long term goals. He was unsure at this time about a general tax versus a special tax; however, he noted that the City has been successful with special taxes in the past. He stressed the need for a good, comprehensive education program. He liked the proposed survey; however, he was not in favor of using a professional consultant. He suggested minor revisions to the structure of the draft survey including a headline grabber at the top such as "We Want Your Feedback!". Council Member Guthrie moved to direct staff to proceed with the proposed public education program and prepare an action item to place a sales tax measure on the ballot. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None .. Costello 11. NEW BUSINESS 11.a. Consideration of Selection of Council Member Guthrie as Mayor Pro Tern. City Manager Adams presented the staff report and recommended the Council appoint Council Member Guthrie as the Mayor Pro Tem for the next one-year period. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES DECEMBER 13, 2005 PAGE 10 Mayor Ferrara invited co'mments from those in the audience who wished to be: heard on the matter. No public comments were received. Council Member Dickens moved to appoint Council Member Guthrie as the Mayor Pro Tem for the next one-year period. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Dickens, Arnold, Guthrie, Ferrara None Costello Mayor Ferrara publicly acknowledged and thanked Joe Costello for his service as Mayor Pro Tem during the past year. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams reminded the public and the Council that the regular City Council meeting scheduled for December 27, 2005 has been cancelled and the next regular meeting would be January 10, 2006. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT There being no further business to come before the City Council/Redevelopment Agency Board, Mayor/Chair Ferrara adjourned the meeting at 10:39 p.m. Tony Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, City Clerk/Agency Secretary (Approved at CC Mtg ) \.-~-- --------" MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JANUARY 10, 2006 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:05 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Dickens, Costello, Arnold, Mayor Pro TemNice Chair Guthrie and Mayor/Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, retiring Chief of Police TerBorch, incoming Chief of Police Aeilts, Director of Public Works/City Engineer Spagnolo, Director of Financial Services Kraetsch, Director of Building and Fire Fibich, Community Development Director Strong, and Executive Assistant Bassett.' , 3. FLAG SALUTE Tom Lauinger, President, Kiwanis Club of Arroyo Grande Valley, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation of Medal of Merit to Police Officer Tammie Eggers. Mayor Ferrara presented an Honorary Proclamation awarding the Police Department's Medal of Merit to Police Officer Tammie Eggers for her conduct in facilitating a relatively peaceful resolution to a situation which otherwise could have resulted in the use of deadly force with an armed suspect. Chief TerBorch also acknowledged Officer Eggers and her courageous actions during this incident. 5.b. Oath of Office Administered to Police Chief Tony Aeilts by City Clerk Kelly Wetmore. City Clerk Wetmore administered the Oath of Office to the City's new Chief of Police, Anthony A. Aeilts. Chief Aeilts then briefly addressed and thanked the City Council, staff and members of the community. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Council Member Arnold moved, Council Member Dickens seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Marianne Buckmeyer, representing Save the Mesa, spoke in opposition to the Cypress Ridge #2 development project and noted that comments regarding the proposed project need to be made to the County Board of Supervisors on or before their meeting on February 7'h. She urged the City Council to continue to provide comments to the County regarding the project's traffic, noise, and water impacts. 8. CONSENT AGENDA Mayor/Chair Ferrara invited members of the public to speak on any Consent Agenda item. John Keen, Arroyo Grande resident, referred to Item 8.L (Camino Mercado Traffic Signal), and commented on the importance of this traffic signal to W. Branch Street. He requested the Council consider updating the signal to include a traffic count controller, which would help with future planning for that area to determine traffic flow. He said it was not a large additional cost and over time it would benefit the City. He also suggested the same component be added to the Halcyon/E. Grand Avenue signal when it is scheduled for replacement. Council/Board Member Arnold requested that Items 8.f. and 8.L be pulled. Mayor/Chair Ferrara requested that Item 8.1. be pulled. Council/Board Member Costello moved, and Council/Board Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the exception of Items 8.f., 8.L and 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Dickens, Guthrie, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 1, 2005 through December 31, 2005. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of November 30, 2005. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council meetings of October 25 and November 8 2005; and the minutes of the Regular City Council Meeting of November 8. 2005 as submitted. ' 8.d. Consideration of Annual Adjustment of Sewer Connection Fees. Action: Adopted Resolution No. 3897 approving the annual adjustment to the sewer connection fees based on changes in the Engineering News Record (ENR) Construction Cost Index (CCI). 8.e. Consideration of Adjustment to Decrease the Mileage Reimbursement Rate for Employees and Volunteers. [COUNCIURDA] Action: Established .445~ per mile as the employee/volunteer mileage reimbursement rate for the 2006 calendar year. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 3 8.g. Consideration of Designation of Agent (OES/FEMA Multi-Jurisdictional Local Hazard Mitigation Plan). . Action: Adopted Resolution No. 3899 designating the City Manager, Financial Services Director, and Director of Building and Fire as the City's agents for the purpose of requesting reimbursement for the development of a Multi-Jurisdictional Local Hazard Mitigation Plan through the Governor's Office of Emergency Services (OES). 8.h. Consideration of an Award of Contract to Floyd V. Wells, Inc. to Construct Phase I of the Well No. 10 Project, PW 2004-07. Action: 1) Awarded a contract for the construction of Phase I of the Well NO.1 0 Project, PW 2004-07 to Floyd V. Wells, Inc. in the amount of $175,160.00; and, 2) Authorized the City Manager to approve change orders not to exceed the contingency of $17,516.00 for use only if needed for unanticipated costs during the construction phase of the project. 8.j. Consideration of Acceptance of the Theis/Keisler Tennis Court Addition Project, PW 2004-02. Action: 1) Accepted the project improvements, as constructed by Malibu-Pacific Tennis Courts, Inc., in accordance with the plans and specifications for the Theis/Keisler Tennis Court Addition Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention of $22,140.10, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.k. Consideration of Acceptance of Easements and Public Improvements for Tract 2328 - Stonecrest - S&S Homes of the Central Coast. Action: 1) Accepted the public improvements, as constructed, that were conditioned for Tract 2328; and 2) Adopted Resolution No. 3900 accepting the offers of dedication and rights of way shown on the final Tract Map. 8.f. Consideration of Resolution Establishing the Architectural Review Committee (ARC) as the Interim Building Code Board of Appeals. Recommended Action: Adopt Resolution establishing the ARC as the Interim Building Code Board of Appe,als. Council Member Arnold expressed concern that interim assignments tend to become permanent and asked how often the City has building code issues. Mayor Ferrara stated that if it were often, he would prefer to establish a permanent Board of Appeals existing of members of the building community. Staff noted that appeals of this nature do not occur very often. There was further discussion regarding the appeal provisions of the Uniform Building Code. Council Member Arnold suggested that the interim Board of Appeals be established for a three-month period and direct staff to move forward to establish a permanent Board of Appeals. Council Member Arnold moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Establishing the Architectural Review Committee as the Interim Building Code Board of Appeals", as amended to include that the Resolution will expire in 90 days; and further move to direct staff to move forward with the establishment of a permanent Building Code Board of Appeals. Council Member Dickens seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 4 8.i. Consideration oLan Award of Contract to Lee Wilson Electric Company Inc., for Construction of the Camino MercadolWest Branch Traffic Signal Project, PW 200S- OS. Recommended Action: 1) Award a contract for the construction of the Camino MercadolWest Branch Traffic Signal Project, PW 2005-05 to Lee Wilson Electric Company Inc. in the amount of $313,369.00; 2) Authorize the City Manager to approve change orders not to exceed the contingency of $31,337.00 for use only if needed for unanticipated costs during the constr,uction phase of the project; and 3) Transfer $212,000.00 from the Traffic Signalization Fee Fund. Council Member Arnold acknowledged Mr. Keen's public comments and asked staff about the additional costs for a traffic count controller. Director Spagnolo stated he did not have specifics; however, he could come back with an analysis of the costs. In response to an inquiry from Mayor Ferrara, Mr. Keen also acknowledged he did not have exact costs; however, he reiterated the long-term benefit to the City. Council Member Arnold recommended adding this component. Director Spagnolo responded he could return to the Council in 30 days with further information. Council Member Costello recommended awarding the contract and coming back later with additional costs foHurther consideration. Council Member Dickens also suggested providing information with how the information would be used, such as plugging the information in to the City's traffic model. Council Member Arnold moved to approve staffs recommendations associated with awarding a contract for the construction of the Camino MercadolWest Branch Traffic Signal Project to Lee Wilson Electric Company, and further moved to direct staff to return in 20 days with information relating to costs for the traffic count controller. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None 8.1. Consideration of Temporary Use Permit Case No. OS-027 Related to Maintenance/Remodeling ofWal-Mart; PS Contracting, Inc.; 1168 W. Branch Street. Recommended Action:. The Planning Commission recommends the City Council adopt a Resolution approving Temporary Use Permit Case No. 05-027. Mayor Ferrara acknowledged that most of his concerns had been addressed in the staff report; however, he had one lingering concern. He referred to item 2.j. in the proposed Resolution regarding the fence and noted that original project approval did not include the vacant piece (Pad A-2) to be fenced. He requested that staff research the issue to see if the City can legally require Five Cities Center to build the approved structure on Pad A-2. He stated he wants to see completion of the entire Center and to find out what the status of Pad A-2 is. Mayor Ferrara moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Approving Temporary Use Permit Case No. OS-027; Related To Maintenance/Remodeling ofWal-Mart; PS Contracting, Inc.; 1168 West Branch St." and further directed staff to research the status of Pad A-2. Council Member Costello seconded, and the motion passed on the following roll-call vote: CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006' ' PAGE 5 AYES: NOES: ABSENT: Ferrara, Costello, Dickens, Arnold, Guthrie None None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Supplemental Water Studies of the Nacimiento and Desalination Projects and of Directi()n to Prepare Grant Application. , . Director of Public Works/City Engineer Spagnolo presented the staff report and recommended the Council: 1) Receive the presentation on supplement water studies; and 2) Direct staff to prepare a State grant application for funding to perform a full desalination feasibility study in cooperation with the other South County agencies. Director Spagnolo then introduced Steve Tanaka from Wallace Group. ' Steve Tanaka, Wallace Group, gave an overview of the results of the supplemental water studies; including a review of prior water supply studies, the scope of the studies; the design status and timeline of the Nacimiento Pipeline Extension project; a review of the two alternative alignments for conveying water through the Nacimiento pipeline project (Orcutt Hill alignment and Plains XP pipeline); a review of the specifications of the hydraulic grade line; an overview of the provisions included in the Nacimiento entitlement contract; an overview of the capacity of the Lopez Water Treatment Plant and Lopez Transmission System; an overview of the Nacimiento project capital costs, annual operation and maintenance costs; a cost summary of the Orcutt Hill pipeline; and a timeline for project implementation. Mr. Tanaka responded to questions from Council regarding the Nacimiento St~dy.' Mr. Tanaka then presemted' information from the Study relating to the Desalination project which is proposed to be located on the South San Luis Obispo County Sanitation District (SSLOCSD) Wastewater Treatment Plant site; reviewed water supply options (brackish well water and sea water); identified critical utility issues; explained reverse osmosis technology and brine disposal methods; reviewed complex permitting issues, capital costs, annual operation and maintenance costs, and project implementation timelines associated with the project. He concluded the presentation by summarizing the costs of both projects and noted that the Desalination project was the more economical project; however, it had more environmental issues and the implementation timeline was longer. Council and staff discussion ensued regarding the fact that SSLOCSD is located in a flood zone and the potential impact that would have for receiving grant funding for the Desalination project; discussion about where blending of desalination water would take place and how the water is treated; clarifications regarding the permitting process; clarification regarding outfall capacity; and clarification regarding deadlines for submitting applications for Prop 50 funds. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 6 Mayor Ferrara invited those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. . Council Member Arnold expressed concerns about costs and other issues associated with the Nacirniento project and noted that the project was not drought-proof. He spoke in favor of the Desalination project. Council Member Costello agreed that the Nacimiento project was expensive; stated he was not willing to exclude the project at this time; supported continuing to study all options; recognized that the environmental impacts need to be analyzed; acknowledged concerns about the proposed site for the Desalination plant; supported moving forward with the Desalination Study and pursuing grant funds; and acknowledged the needs for additional water and finding additional water sources. Council Member Dickens stated he was not ready to close the door on the Nacimiento project; commented that the information presented was a good start for exploring additional water sources; supported staff's recommendation to pursue grant funds for the Desalination Project Study; agreed that environmental concerns would need to be addressed; noted the increasing number of desalination plants throughout California and noted this option is a natural resource for the future. Council Member Guthrie agreed that the Desalination project looks good in comparison to the Nacimiento project and agreed with the suggestion about looking for an alternative site for the Desalination plant or to mitigate the potential impacts at the proposed site location. City Manager Adams noted that staff would be presenting the Urban Water Management Plan to the Council soon, which would provide further information regarding the proposed options. Mayor Ferrara supported proceeding with the studies and agreed it was too early to eliminate any of the options. He supported staff's recommendation and supported continuing to look, measure, and monitor the progress of the Nacimiento project. Council Member Costello moved to accept the presentation of the supplemental water studies, and to direct staff to prepare a State grant application for funding to perform a full desalination project feasibility study in cooperation with the other South County agencies, with additional direction to consider alternative sites for the Desalination plant. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Guthrie, Dickens, Ferrara None None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS Council Member Dickens referred to Marianne Buckmeyer's earlier public comments regarding the Cypress Ridge developmenl'proposal and stated the City has previously taken a position in writing on the project. He inquired whether the City needed to address the matter again. City Manager Adams stated he noted the issue and would follow up on the matter. CITY COUNCILlREDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 7 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara referred to the recent rain totals and gave kudos to the crews at the South San Luis Obispo County Sanitation [)istrict, which was one of few districts in the County that did not suffer any raw sewage spills into the outfall. He thanked the City staff, specifically Public Works, for working through the storm to' keep the City running smoothly. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande resident and Traffic Commission member, referred to Consent Agenda Item a.i. regarding the Camino Mercado traffic signal and commented the additional cost for equipment to obtain accurate traffic counts would lessen costs in other areas and benefit the City. John Keen, Arroyo Grande resident, referred to his involvement as an electrical superintendent on two major desalination plants in this area, at Diablo Canyon and in Morro Bay. He said the Diablo Canyon desalination plant processed seawater, which takes three times the energy and twice as much membranes to process seawater than brackish water. He noted that Morro Bay processes brackish water and the plant is half the size. He spoke about blending water and the reverse osmosis process as it relates to water quality. He agreed that a desalination plant should not be built in a flood zone; howev,er, the proposed site could be prepared to be flood proof. 17. ADJOURNMENT . ,- Mayor/Chair Ferrara adjoined the meeting at 9:23 p.m. Tony M. Ferrara, Mayor/RDA Chair ATTEST: Kelly Wetmore, City Clerk/Agency Secretary (Approved at CC Mtg ) 8.d. MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK ~ SUBJECT: CONSIDERATION OF REJECTION OF CLAIM AGAINST CITY - BRIGHTON RIDGE HOMEOWNERS ASSOCIATION DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the City Council reject the claim for damages against the City filed by the Brighton Ridge Homeowners Association. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of the Brighton Ridge Homeowners Association and recommend it be rejected. Attachments: 1. Correspondence from Carl Warren & Co. 2. Rejection Letter ATTACHMENT 1 I~~ :. , January 30, 2006 ~~ TO: The City of Arroyo Grande ATTENTION: Mary Bassett, Executive Assistant RE: Claim Claimant D/Event Rec'd Y/Office Our File Brighton Ridge Homeowners Assoc. vs. The City of Arroyo Grande Brighton Ridge Homeowners Assoc. 6/1/2005 11/18/2005 S-1396763- We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, .,~ /?./ CARLW~N &/CO~~Y .J . .. ':;""-', ./ ;.~-,.:.<.-/"~ ./ / /' -" / /' ./ / / / / ../ / CJPIA Account Supervisor / , cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The CIty Dove' Ste 400 -Orangt'o CA 92868 Mail: P.O. Box 25180 . Santa Ana, ell 9.::!799 5180 PhOllt': (714) 740 7999 Ext. HO . (800) 572.6900 . Fa.x: (714) 740.9412 C : 0:~ Afh.u~ 6~ A-lat.lA-]"Cr ADMINISTRATIVE SERVICES ATTACHMENT 2 P.o. Box 550 214 East Branch Street Arroyo Grande, CA 93421 Phone: (80S) 473-5414 FAX: (80S) 473-0386 E-Mail: agclty@arroyogrande.org ~Uy 0/ ~&~ February 15, 2006 Brighton Ridge Homeowners Association c/o Mark Richardson, President ~'(I,;.,~ '~11<91'lt"'-o) ~;)rt' ,V,{:-lf lfh~:'-'';;j,'\ ~~~,~, c''t:,U~ J REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS ,Notice is hereby given that the claim you presented to the City Council of the City of Arroyo Grande on November 28, 2005 was rejected by the City Council on February 14,2006. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action on this claim (See Government Code Section 945.6). This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes cjf action, including those arising under federal law, may have different time limitations for filing. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. 'Kelly Wetmore Director of Administrative Services/City Clerk c: City Manager City Attorney Director of Community Development Carl Warren & Co. 8.e. MEMORANDUM TO: FROM: CITY COUNCIL KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/CITY ,j 1 CLERK ~ SUBJECT: CONSIDERATION OF REJECTION OF CLAIM AGAINST CITY - D. POWERS DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the City Council reject the claim for damages against the City filed by the David Powers. FUNDING: None. DISCUSSION: The City's insurance administrators have reviewed the claim of the David Powers and recommend it be rejected. Attachments: 1. Correspondence from Carl Warren & Co. 2. Rejection Letter 1~'-4 ATTACHMENT 1 \...". ' , ,,' .".. ,~ ~ ,_.- '.il January 27, 2006 TO: The City of Arroyo Grande ATTENTION Mary Bassett, Executive Assistant ~: {:, *'1 tle--rl (;~'1 Attvrf\~ C-,~ ^,lAAlljif . ,;Ii'le<< RE: Claim Claimant D/Event Rec'd Y /Office Our File Powers vs. The City of Arroyo Grande David Powers 9/10/2004 1/6/2006 S-1400451-JVM This acknowledges receipt of information concerning the captioned matter. We request that you take the following action: CLAIM INSUFFICIENCY: We have advised the claimant that their claim is insufficient. If they do not correct the deficiencies by filing an amended claim, please send a standard rejection letter to the claimant fifteen (15) days after the date of this correspondence. Please provide us with a copy of this notice when sent. If you have any questions please contact the undersigned or the assigned adjuster Very truly yours, CARL WARREN & C6MPANY ,/. -J / ./ '/ , . / ,-,,' ~ ,/ L.~- . Georg;J/M{n~iewicz '>' . / . / cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 Th~ City Drive' Ste 400 . Orange, CA 92868 Mail: P.O Box 25180 . Santa Ana, Ca 92799.5180 Phone: (714) 740.7999 Ext. 140 (800) 572.6900 hl..": (':'14) 740-9412 ATTACHMENT 2 February 15, 2006 The City of Arroyo Grande responds to the claim you presented to the City Clerk on January 6, 2006 in the following three manners: A. With respect to that portion of the claim accruing within six months of the filing of your claim: Notice is hereby given that the claim which you presented was rejected on February 14, 2006. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the United States mail to file a court action on this claim. (See Government Code Section 945.6) This time limitation applies only to causes of action arising under California law for which a claim is mandated by the California Government Tort Claims Act. Government Code Sections 900 et. seq.. Other causes of action, including those arising under federal law, may have different time limitations for filing. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. B. With respect to that portion of the claim accruing more than six months and less than twelve months from the filing of your claim: The claim you presented is being returned because it was not presented within six (6) months after the event, occurrence, or other date of accrual of the cause of action as required by law. See Sections 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delay to City of Arroyo Grande for leave to present a late claim. See Sec. 911.4 - 912.2 inclusive and Sec. 946.6 of the Government Code. Under some circumstances leave to present a Late Claim will be granted. See Sec. 9116 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately David Powers February 15, 2006 Page 2 C. With respect to that portion of the claim accruing more than twelve months from the filing of your claim: The claim you presented is being returned because it was not presented within six (6) months after the event, occurrence, or other date of accrual of the cause of action as required by law. See Sections 901 and 911.2 of the Government Code. Because the claim was not presented within the time allowed by law, no action was taken on the claim. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. Kelly Wetmore Director of Administrative Services/City Clerk c: City Manager City Attorney TO: FROM: BY: SUBJECT: " I DATE: 8.f. MEMORANDUM CITY COUNCIL STEVEN ADAMS, CITY MANAGER ~ KAREN SISKO, HUMAN RESOURCES MANAGER CONSIDERATION OF A RESOLUTION APPROVING A SIDE LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING FEBRUARY 14, 2006 RECOMMENDATION: It is recommended that the City Council adopt a Resolution approving a side letter of agreement to the Arroyo Grande Police Officers' Association Memorandum of Understanding ("MOU") which will extend the current MOU two more years and include some modifications to salary and benefits. FUNDING: Costs are projected to be approximately $170,000 for FY 2006/07, $140,000 for 2007/08, and $60,000 (plus any additional COLA or benefits negotiated at that time in a new agreement) for 2008/09. DISCUSSION: The City and the Arroyo Grande Police Officers' Association ("AGPOA") which represents full-time sworn and non-sworn, non-management employees in the Police Department have agreed upon a side letter of agreement that would extend their current MOU for two years and include some modifications to salary and benefits. Their current MOU expires on June 30, 2006. The side letter contains provisions for salary increases, PERS retirement benefit enhancements with some of the terms comparable to the Service Employees International Union, Local 620 contract, and an increase in medical contributions by employees. The changes will assist in maintaining salary and benefits consistency with other cities in the county. By approving this side letter, the AGPOA will forgo upcoming negotiations on their contract. The side letter will cover a two-year period commencing July 1, 2006 and ending on June 30, 2008. The side letter of agreement is attached as Exhibit "A". ALTERNATIVES: The following alternatives are provided for the Council's consideration: I 1. Approve the side letter of agreement as presented; 2. Reject the side letter of agreement and direct City negotiators to commence negotiations with the AGPOA. 3. Provide other direction to staff. RESOLUTION NO. A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City to approve a side letter of agreement extending the term of the Arroyo Grande Police Officers' Association current Memorandum of Understanding for an additional two years, which also includes some modifications to salaries and benefits, as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. An amendment to the Memorandum of Understanding ("MOU") with the Arroyo Grande Police Officers' Association ("AGPOA") is hereby authorized, a copy of said amendment entitled "Side Letter of Agreement, Modification to Memorandum of Understanding" being attached hereto, marked Exhibit "A", and incorporated herein by this reference. 2. This Resolution shall become effective July 1, 2006. On motion of Council Member seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of ,2006. RESOLUTION NO. PAGE 2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED TO AS FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Exhibit "A" SIDE LETTER OF AGREEMENT MODIFICATION TO MEMORANDUM OF UNDERSTANDING For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Arroyo Grande ("City") and the Arroyo Grande Police Officers' Association ("AGPOA") do hereby agree to modify the current Memorandum of Understanding ("MOU") between the City and the AGPOA as follows: ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of the Memorandum of Understanding shall be extended to June 30, 2008. Meet and confer sessions for Fiscal Year 2008/09 shall commence no later than March 15, 2008. ARTICLE 2. Sworn 07/01/06 07/01/06 07/01/07 01/01/08 Non-Sworn 07/01/06 07/01/06 07/01/07 01/01/08 ARTICLE 6. SALARY SCHEDULES 3% COLA 2% Equity 3% COLA 2% COLA 3% COLA 2% Equity 3% COLA 2% COLA MEDICAL INSURANCE PREMIUMS A. The base medical plan shall be defined as the Health Maintenance Organization (HMO) program available to the City. If availability of an HMO to the City is discontinued by the medical plan provider. the base plan will become the basic PPO plan available to the City by the existing medical plan provider. Side Letter of Agreement Page 2 B. For the period of July 1, 2006 through December 31, 2006, the City shall pay the monthly medical plan insurance premiums for each employee and all of his/her eligible dependents participating in the plan to a maximum of $345.67 with respect to an employee enrolled for self alone, $691.35 for an employee enrolled for self and one family member, and $898.76 for an employee enrolled for self and two or more family members. C. For the period of January 1, 2007 through December 31, 2007, the City shall pay the amount in effect on December 31, 2006, plus 75% of any increase to the premium for the base plan available to the City. D. For the period of January 1, 2008 through June 30, 2008, the City shall pay the amount in effect on December 31, 2007, plus 75% of any increase to the premium for the base plan available to the City. E. In no event shall the amount of the City's contribution to medical care premiums exceed 100% of the cost of providing the insurance coverage. F. Should the base HMO plan dissolve in 2007, the City shall then increase the rates paid to the basic PPO level rates. G. Upon providing the City written proof that medical insurance coverage is in force through coverage provided by another source, an employee may opt out of the City's medical insurance plan and receive payment at the employee only level consistent with any rules or restrictions on the City by the medical plan provider. H. In the event either a new employee or an existing employee is unable to obtain coverage in the City's designated base (HMO) plan, the City shall increase the rate paid for the affected employee to the basic PPO level. This will not impact the rates paid to other employees. I. Medical insurance is available for retirees through the City at the retiree's own expense until the retiree is eligible for Medicare. J. The City will maintain health benefits through CalPERS for calendar year 2006. ARTICLE 19. UNIFORM AND EQUIPMENT ALLOWANCE The uniform allowance shall be increased from $800 to $900 annually effective July 1, 2006. The uniform allowance shall be increased from $900 to $1,000 annually effective July 1,2007. . Side Letter of Agreement Page 3 ARTICLE 44. PERS RETIREMENT Sworn: A. 1. G.C. Section 21363.1. The PERS 3% at Age 55 Retirement Plan is provided for sworn personnel, with the City paying back to each sworn employee an amount equal to the 9% deduction from the sworn employee's paycheck for PERS retirement. 2. G.C. Section 21362.2. Effective July 1, 2008, the City shall provide the 3.0% @ Age 50 Retirement Plan for safety employees, provided that: 1) the specified plan is still available on the implementation date; 2) there is no requirement for the City to establish and maintain a two-tier retirement program as a result of State legislative or initiative action which had been approved by the effective date of the implementation of this plan, which would require the City in the future to maintain separate retirement plans for non-safety employees by providing a plan to existing employees that will no longer be available for future newly hired employees; and 3) Employees will pay 2.5 percentage points of the employee's 9% PERS contribution and the City will pay the remaining 6.5 percentage points. a. If, due to one of the three provisos stated above, the 3.0% @ 50 Safety Retirement Plan is not implemented, there will be a reopener on or about April, 2008 between the City and POA to negotiate a possible increase in base salary in lieu of the implementation of the plan. Any such salary increase shall not exceed the City's anticipated costs based upon the PERS actuarial study for Miscellaneous employees dated April 13,2005 (said costs being a maximum of 2.4%). Non-Sworn: B. 1. G.C. Section 21354. The PERS 2% at Age 55 Retirement Plan is provided for non-sworn personnel, with the City paying back to each non- safety employee an amount equal to the 7% deduction- from the non- safety employee's paycheck for PERS retirement. 2. G.C. Section 21354.4. Effective July 1, 2008, the City shall provide the 2.5% @ 55 Miscellaneous Retirement Plan for non-safety employees, provided that: 1) the specified plan is still available on the implementation date; 2) there is no requirement for the City to establish and maintain a two-tier retirement program as a result of State legislative or initiative action which had been approved by the effective date of the implementation of this plan, which would require the City in the future to maintain separate retirement plans for non-safety employees by providing a plan to existing employees that will no longer be available for future Side Letter of Agreement Page 4 newly hired employees; and 3) Employees will pay 2.5 percentage points of the employee's 8% PERS contribution and the City will pay the remaining 5.5 percentage points. a. If, due to one of the three provisos stated above, the 2.5% @ 55 Miscellaneous Retirement Plan is not implemented, there will be a reopener on or about April, 2008 between the City and POA to negotiate a possible increase in base salary in lieu of the implementation of the plan. Any such salary increase shall not exceed the City's anticipated costs based upon the PERS actuarial study for Miscellaneous employees dated April 13, 2005 (said costs being a maximum of 2.4%). ~. . d4['J For Cf of Arroyo Grande ). -1-0& Date ~ Arroyo Grande Police . ers' Association J--q-tJ' Date 8.g. MEMORANDUM . TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER r/fI SUBJECT: CONSIDERATION TO INSTALL CONTINUOUS TRAFFIC COUNT EQUIPMENT FOR CITY TRAFFIC SIGNALS DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended that the Council: a. direct staff to add continuous traffic count equipment into the scope of work for the Camino Mercado / West Branch Street Traffic Signal Project and negotiate a change order accordingly with the contractor; b. direct staff to purchase a laptop computer and specialty software to download vehicle count data; c. appropriate $2,800.00 from the Traffic Signalization Fund. . FUNDING: The continuous traffic count equipment will be added to the project scope under a contract change order. The estimated cost for the Camino Mercado / West Branch Street intersection is $1,000.00. A laptop and specialty software to download the vehicle count data is approximately $1 ,800.00. . Traffic signals are being funded from the Traffic Signalization Fund. After the award of contracts for the Camino Mercado / West Branch Street and East Grand Avenue / Halcyon' Road traffic signal projects, including contingencies, the end of fiscal year fund balance is estimated at $25,000.00. DISCUSSION: At the January 10, 2006 City Council meeting, the Council awarded a construction contract for the Camino Mercado / West Branch Street Traffic Signal Project. During the public comment portion of the meeting, the Council was asked to consider the placement of additional equipment within the traffic signal cabinet that would provide a continuous record of traffic volumes at the intersection. After a brief discussion, the Council requested staff research the capabilities of such equipment, determine whether they could be implemented in the traffic signal projects for the Camino Mercado / West Branch Street intersection and CONSIDERATION TO INSTALL CONTINUOUS TRAFFIC COUNT EQUIPMENT FOR CITY TRAFFIC SIGNALS FEBRUARY 14, 2006 PAGE 2 the previously awarded East Grand Avenue / Halcyon Road intersection, and report back to the Council. According to the supplier, vehicle volume counts are achieved through the installation of additional detectors. The detectors perform the counts at each leg of the intersection and are wired directly to the controller, without having to perform any alterations to the specified controller. A USB port within the controller provides the ability to download the vehicle count information directly into a lap top computer. Cellular technology also allows wiring the controller to download the information directly to a properly equipped computer modem. The estimated cost to supply a set of detectors for a given intersection is $700.00. The estimated cost to purchase a laptop computer and specialty software is $1,800.00. The counts for the detectors are performed by the embedded traffic loops within the traffic lanes at the approaches to each intersection. The detectors are able to determine the volume of traffic and turning movements through the intersection (Le. vehicles turning left, straight or turning right). Traditionally, traffic loops are placed solely in the direction of travel at the intersection approach to enable the signal controller to "sense" the presence of a vehicle. To determine the traffic volume, detector units are also required within each traffic lane exiting the intersection, which requires the placement of additional traffic loops. Staff has requested product data from the manufacturer for the vehicle volume detector units, along with specific requirements for installing them in conjunction with the traffic loops and the signal controller. Staff has also requested the contractor to review the existing traffic loops installed at the East Grand Avenue / Halcyon Road intersection to determine their suitability to enable proper operation of the detectors. Traffic signals are-financed from the Traffic Signalization Fund, which is based entirely from developer impact fees. Following the award of construction contracts for the two traffic signal projects, including contingencies, the fund balance is estimated at $25,000.00. The vehicle volume equipment may be added into the scope of work for each project under a contract change order or installed at a later date as funding becomes available. It is our understanding, based on discussions with Caltrans' staff, that there are no signals operated by Caltrans in District 5 that are equipped with the detectors at this time. The East Grand Avenue / Halcyon Road Traffic Signal Project is currently under construction and scheduled for completion in early March. Since the project is an upgrade, the scope of work did not include the installation of new and/or additional traffic loops, which had been installed during the East Grand Avenue Overlay Project. Since the installation of new loops would require cutting into the roadway surface, and the project is in the advanced construction stage, it is recommended that the continuous vehicle count equipment not be installed at this time for the intersection. S:IPUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projecls\2006lCamino Mercado - W Branch Traffic Signal\Council\Constant Rate Controllers\Council Memo - Continuous Traffic Count Equipment Il.doc CONSIDERATION TO INSTALL CONTINUOUS TRAFFIC COUNT EQUIPMENT FOR CITY TRAFFIC SIGNALS FEBRUARY 14, 2006 PAGE 3 Staff recommends adding the vehicle count equipment into the scope of work for the Camino Mercado I West Branch Street Traffic Signal Project and negotiating a contract change order with the contractor. Staff will monitor the effectiveness ofthe equipment and if it proves useful, return to Council to authorize the installation of the equipment at the East Grand Avenue I Halcyon Road intersection. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Direct staff to add the detectors and loops into the scope of work for the Camino Mercado I West Branch Street Traffic Signal Project and negotiate a contract change order with the contractor; . Direct staff to purchase a laptop computer and specialty software to download vehicle count data; . Direct staff to provide further research on the traffic signals at existing intersections for procurement and installation at a later date; or . Provide direction to staff. S:\PUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projects\2006lCamino Mercado - W Branch Traffic Signal\Council\Constant Rate Controllers\Council Memo - Continuous Traffic Count Equipment lI.doc a.h. MEMORANDUM FROM: CITY COUNCIL TIMOTHY J. CARMEL, CITY ATTORNEYt(V' TO: 11 SUBJECT: CONSIDERATION OF APPROVAL OF EMPLOYMENT AGREEMENT (CITY MANAGER) DATE: FEBRUARY 14, 2006 I I I I' i' RECOMMENDATION: It is recommended the City Council approve the attached revised Employment Agreement between the City of Arroyo Grande and Steven D. Adams and authorize an appropriation of $5,126 from the General Fund. FUNDING: Approval of the Agreement will result in an additional expenditure to the General Fund of $5,126 in FY 2006-07. DISCUSSION: Based on the mutual agreement of the Council and City Manager, the terms and conditions of the City Manager's Employment Agreement have been revised to reflect a 4.1% salary adjustment. Additionally, a ten percent (10%) separation provision between the City Manager's salary and the next highest department director's salary, which was removed to accommodate Chief TerBorch's final contract extension, has been reinstated at Section 4 of the Employment Agreement. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve Employment Agreement; Do not approve Employment Agreement; Provide direction to staff. Attachment 1. Employment Agreement EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 14th day of February, 2006, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California (the "City"), and STEVEN D. ADAMS, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, City desires to continue to employ the services of Employee as the City Manager as provided by State law and the Arroyo Grande Municipal Code; and WHEREAS, it is the desire of City to establish certain conditions of employment and to set working conditions of Employee; and WHEREAS, it is the desire of City to (a) secure and retain Employee and to provide inducement for him to remain in such employment; (b) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (c) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; (d) to provide a just means for terminating Employee's services at such time as he may be unable to fully discharge his duties or when City may desire to otherwise terminate his employment; and WHEREAS, Employee desires to continue employment as City Manager of City; and WHEREAS, this Agreement shall supersede and replace the previous Employment Agreement between the parties dated December 9,2003, as amended. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Term. A. City hereby agrees to continue to employ Employee as City Manager for an indefinite term. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to the provision set forth in Section 5, Paragraph A., of this Agreement. EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 2 C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, with or without good cause, subject only to the provisions set forth in Section 5, Paragraphs B. and C., of this Agreement. D. Except as otherwise specified herein, Employee agrees to remain in the exclusive employment of City and not become employed by any other employer until a termination date is effected as hereinafter provided. Section 2: Duties. City hereby agrees to employ Employee as City Manager to perform the functions and duties specified in the Arroyo Grande Municipal Code and as provided by State and Federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 3: Salarv. City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $130,126, payable in equal installments at the same time as other employees of City are paid. Section 4: Performance Evaluation. City agrees to increase the base salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine that it is desirable to do so on the basis of annual performance evaluation which shall occur no later than the end of October of each year. City agrees that if any increase to the Employee's base salary is granted, such base salary shall be a minimum often percent (10%) above the highest paid Department Director. The performance evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with Employee. EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 3 Section 5. ResiQnation and Termination. A. In the event Employee voluntarily resigns his position with City, Employee shall give City forty-five (45) days written notice in advance, unless the parties otherwise agree. Should Employee fail to give such period of notice, then Employee shall pay to City as liquidated damages the sum of $40 per working day for the difference between the number of actual days of prior notice and forty-five (45) days. B. In the event Employee is terminated by the City Council during such time that Eplployee is willing and able to perform his duties under this Agreement, then, in that event, City agrees to pay Employee a lump sum cash payment equal to six (6) months salary and benefits (limited to the following: PERS, Medical, Dental, and Vision). In the event Employee is terminated for good cause, then City shall have no obligation to pay the sum designated in this paragraph. For the purpose of this Agreement, "good cause" shall include, but not necessarily be limited to, any of the following: (1) A material breach of the terms of this Agreement; (2) Misfeasance; (3) Malfeasance; (4) A failure to perform his duties in a professional and responsible manner consistent with generally accepted standards of the profession; (5) Conduct unbecoming the position of City Manager or likely to bring discredit or embarrassment to City. "Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 4 C. In the event City at any time during this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of City, or in the event City refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply~ within the meaning and context of Paragraph B. above. Section 6: Outside Professional Activities. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking, and writing provided such activities do not interfere with Employee's normal duties and are not done with any existing vendors or contractors of City. Under no circumstances shall such outside activities create a conflict of interest with the duties of Employee and the interests of City. Section 7: Suspension. City may suspend Employee with full pay and benefits at any time during the term of this Agreement. Section 8: Frinqe Benefits. City shall pay the Employee's cost for fringe benefits, including cost for dependents where applicable. Fringe benefits shall include, but not be limited to, medical, dental, vision, life insurance, long-term disability, and participation in the Public Employees' Retirement System. Section 9: Annual Leave. Employee shall be subject to the "Annual Leave" provisions of the City Personnel Regulations (Section XII.A.1.) with the following modifications: Employee shall accumulate Annual Leave at a rate as designated in Section XII.A.1.a.3. of the City Personnel Regulations. EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 5 Section 10: Automobile. Employee shall provide his own automobile. City shall provide Employee a $400 monthly automobile allowance. Employee shall receive no reimbursement for travel mileage within a fifty (50) mile radius of City; for any required City travel mileage outside the fifty (50) mile radius, Employee shall be reimbursed for mileage at the rate as set forth by the City Council. Section 11: Physical Examination. Employee may receive an annual physical examination at City's expense. Section 12: Other Terms and Conditions of Employment. City, in consultation with Employee, shall fix, in writing, any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Arroyo Grande Municipal Code, or any applicable State or Federal law. Section 13: Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: EMPLOYER: City of Arroyo Grande P. O. Box 550 Arroyo Grande, CA 93421-0550 EMPLOYEE: Steven D. Adams 1597 Chilton Street Arroyo Grande, CA 93420 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 6 Section 14: General Provisions. The text herein shall constitute the entire agreement between the parties. Any amendments to this Agreement must be in writing and executed by both parties. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. This Agreement shall become effective commencing February 14, 2006. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be. deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Arroyo Grande has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its Director of Administrative Services/City. Clerk, and Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 7 EMPLOYEE: STEVEN D. ADAMS EMPLOYER: CITY OF ARROYO GRANDE By: TONYFERRARA,MAYOR ATTEST: KELLY WETMORE DIRECTOR OF ADMINISTRATIVE SERVICES! CITY CLERK APPROVED AS TO FORM: CARMEL & NACCASHA, LLP By: TIMOTHY J. CARMEL CITY ATTORNEY 8.i. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~/4~ SUBJECT: CONSIDERATION OF ACCEPTANCE BANDSTAND OF ROTARY DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the City Council direct staff to file a Notice of Completion and authorize the Mayor to accept the Rotary Bandstand constructed by the Rotary Club of Arroyo Grande at the Village Green. FUNDING: There is no direct cost for acceptance of the bandstand in the short-term future. Therefore, there is no impact to the City's budget. All costs associated with construction of the bandstand were donated by the Rotary Club of Arroyo Grande through donations from the community. Acceptance of the bandstand does involve the City assuming responsibility for maintenance and liability, which may involve some minor expenditures in the long-term. DISCUSSION: The City entered into an Agreement with the Rotary Club of Arroyo Grande in June 2005 for construction of the Rotary Bandstand. The City agreed to assume ownership, responsibility and control of the bandstand at the completion of construction. The Rotary Club indemnified the City for liability associated with construction of the facility during the construction period. Construction is now completed. Therefore, it is recommended the City formally accept the Rotary Bandstand and file a .Notice of Completion. Formal dedication of the facility will take place on February 23, 2006 and a community celebration will be held on February 25, 2006. CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF ROTARY BANDSTAND FEBRUARY 14, 2006 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Direct staff to file a Notice of Completion and formally accept the Rotary Bandstand from the Rotary Club of Arroyo Grande; Request additional information or action prior to filing the Notice of Completion and accepting the Rotary Bandstand from the Rotary Club of Arroyo Grande; Provide staff with other direction. S:\CITY MANAGER\STEVE\Council ReportslRotary Bandstand 2.14.06.doc 9.a. CIT-YQF ARROYO GRANDE PARKS AND RECREATION COMMISSION & CITY COUNCil NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Parks and Recreation Commission and the City Council of the City of Arroyo Grande on the following item: CONSIDERATION OF A TREE MASTER PLAN FOR TRAFFIC WAY. The City Council will review and provide input related to a phased tree planting plan for Traffic Way from Highway 101 to E. Grand Avenue, and portions of East Cherry Lane and Fair Oaks Avenue. This plan includes issues related to infrastructure work and planting of 63 trees on public right of ways. ' PARKS AND RECREATION COMMISSION: WHEN: WHERE: WEDNESDAY, FEBRUARY 8, 2006 at 6:30 P.M. Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 CITY COUNCil: WHEN: WHERE: TUESDAY, FEBRUARY 14, 2006 at 7:00 P.M. Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 The Parks and Recreation Commission and City Council may also discuss other hearings or business items before or after the item listed above. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Commission or the Council at, or prior to, the public hearings. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Information relating to this item is available by contacting Arroyo Grande City Hall at 473-5414. The Council meeting will be televised live on Charter Cable Channel 20. ,,' '~ . . - , lJ)j) iLL Kelly etmo , ity Clerk City of Arroy Grande Publish n, The Tribune, Friday, January 27,2006 MEMORANDUM TO: CITY COUNCIL DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND ~ FACILITIES FROM: SUBJECT: CONSIDERATION OF PROPOSED TRAFFIC WAY TREE MASTER PLAN DATE: FEBRUARY 14, 2006 RECOMMENDATION: That the City Council adopt the recommendation of the Parks and Recreation Commission to approve Phase 1 of the Traffic Way Tree Master Plan and continue Phases 2 and 3 pending further discussions and revisions between the Tree Guild and Traffic Way business owners. FUNDING: Costs associated with the proposal to install Phase 1 trees would be for staff time to supervise the planting of the trees. This would be approximately $245.00 for 8 hours of supervision at $30.56 per hour. The estimated cost of implementation of phases 2 and 3 would be $15,640.00 Annual cost of maintenance at completion of all phases would be approximately $5,561.00 annually. Currently, no funds have been appropriated for the full implementation of the Master Plan. DISCUSSION: In January, a proposal was received by the City from the Tree Guild of Arroyo Grande. This group of citizens is interested in enhancing the urban forest program of the City. This project focuses on a phased tree planting plan along Traffic Way and neighboring streets from the 101 off ramp to E. Grand Avenue. Phase 1 would consist of planting approximately 12 trees in various locations on Traffic Way that would not require any saw cutting or other infrastructure work. This phase is proposed to be implemented with the assistance of volunteers to help in planting. New trees will be purchased during the spring of 2006. Phases 2..and 3 would involve planting an additional 30 trees that would require significant work to either saw cut concrete planters or require other infrastructure work to accommodate these trees. Trees on the plan labeled "F" are future trees to be planted as part of any future development of the adjoining properties. There are a total of 21 trees labeled "F". The total number of trees proposed in the Master Plan is 63. Currently, there is no timetable for the implementation of Phases 2 and 3. This is due to a current lack of funds for this project as well as an inability to adequately maintain the trees. Based on current work assignment timelines, the average time to water a tree, CITY COUNCIL CONSIDERATION OF PROPOSED TRAFFIC WAY TREE MASTER PLAN FEBRUARY 14, 2006 PAGE 2 including filling the water truck, setting up and taking down traffic cones and driving, is 10 minutes per tree. Phases 1, 2 and 3 would require 420 worker minutes every two weeks (7 hours). This is approximately 182 hours per year or 4.5 weeks of a ' Maintenance Worker's annual schedule. Staff cost associated with maintenance is $5,561 annually. This is based on $30.56 per hour for a Maintenance Worker III for salary and benefits, not including equipment and fuel costs. With the addition of Poplar Basin, the E. Grand Avenue medians and various new plantings throughout the City, staff is currently unable to adequately maintain the trees in the proposed plan at full completion. It is anticipated that should the City receive additional revenue associated with the passing of a potential sales tax measure on the November ballot, funding may be available to address staffing needs associated with citywide infrastructure concerns. Based on the current uncertainties, it is recommended that no timetable be set for future phases until funding sources are secured to properly install and maintain these trees. It is recommended that Phase 1, which would be of minimal cost and impact, be completed in 2006. The actual planting schedule would be determined at a later date. A Notice of Public Hearing was published in The Tribune on Friday, January 27, 2006. In addition, the Notice of Public Hearing was delivered to all businesses located on Traffic Way. The Parks and Recreation Commission held a public hearing on this matter on February 8, 2006. Scott Dowlan and Kristen Barniech of the Tree Guild made a detailed presentation. The following citizens spoke on the plan: Cheryl Barton Petri - Spoke in favor of the proposed plan. Gary Scherquist - Spoke in favor of the proposed plan. Marylyn Hanson - Favored the plan, but requested that palm trees'be used. Chuck Fellows -Spoke in favor of the plan and the benefit of trees. Bob Christensen, Christensen Chevrolet - Spoke in opposition to the plan since visual impact would be significant to his business signage. . Mike Mullahey, Mullahey Ford - Spoke in opposition to the plan. Tree plantings would reduce his lot further impacting his auto dealership. Marie Cattoir, owner of 401 Traffic Way - Spoke in 'opposition to the plan due to visual impact to business. She also gave a brief history of the last proposal 25 years ago for major landscaping on Traffic Way and spoke on how the business community on the street was unified against it. Additionally, two letters were received from other property owners (Attachment 2) who were opposed to certain aspects of the plan. Mr. Aaron Stern of Cherry Lane Nursery supported portions of the plan except for trees in front of his business due to parking being limited on the street. He proposed two trees in barrels in front of his business that he would maintain, as well as sell trees to the City at wholesale for the project. The CITY COUNCIL CONSIDERATION OF PROPOSED TRAFFIC WAY TREE MASTER PLAN FEBRUARY 14, 2006 PAGE 3 other letter was received from Randy and Robert Baldwin of Valley Auto Service. They were opposed to the plan due to the impact on limited parking, as well as visibility of his business. The Commission expressed concerns regarding the lack of support for the plan by business owners on Traffic Way. There was sentiment that these business owners provide much needed revenue to the City and. consequently should have input regarding the plan proposed for Traffic Way since there could be a direct impact to their businesses. The Commission voted 4-0 to proceed with Phase 1 since the impact would be minimal and the trees proposed would not impede existing businesses. They further proposed to table discussion of Phases 2 and 3 until the Tree Guild and business owners impacted by the proposed plan could hold meetings to revise the plan so that it is acceptable to those who are directly impacted. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve Parks and Recreation Commission's recommendation to approve Phase 1 of the Tree Master Plan for Traffic Way and continue Phases 2 and 3 for further community input, particularly the business owners impacted along Traffic Way; . Revise and approve the Tree Master Plan; or . Do not approve the Tree Master Plan and provide direction to staff. Attachments: 1. Letter from Tree Guild with Tree Master Plan 2. Letter from Valley Auto Service 3. Letter from Cherry Lane Nursery ATTACHMENT 1 Tree Guild of Arroyo Grande Kristen Barneich and Gary Scherquist (Chairpersons) 212 Canyon Way Arroyo Grande, CA 93420 (805) 474-8836 January 6,2006 Attention: Daniel C. Hernandez, Director of Parks, Recreation and Facilities City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 (805) 473-5400 Subject: Traffic Way Street Tree Master Plan Dear Mr. Hernandez, The Tree Guild's mission is to preserve and enhance the City of Arroyo Grande's urban forest. As part of this commitment to participate in enhancement we have prepared a Street Tree Master Plan for Traffic Way dated October 21,2005 (see Attachment A). We request that the City Parks, Recreation and Facilities Department review and consider this Master Plan for recommendation to the City Council. Weare also requesting the approval to begin planting of Phase 1 Traffic Way street trees consisting of eight (8) trees. It is proposed that planting begin in March of 2006. The installation of Phase 1 trees including labor and materials will be paid for by the Tree Guild of Arroyo Grande in conjunction with our volunteering partners. Construction shall be consistent with the City of Arroyo Grande's Public Works Departments policies, guidelines and standards. Maintenance shall consist of regular watering, fertilizing and pruning to ensure the health and survival of the trees. Weare requesting the assistance of Parks and Recreation to perform these tasks. Trees shall be planted based on a phased approach as identified by the "1, 2, 3, F" tree designation shown on the plan. All proposed tree locations shall be consistent with ADA guidelines, avoid utility conflicts, address sight lines and minimize obstructions to business signage. Tree designation" 1 " identifies phase 1 street trees to be planted where there is an existing tree well or planter (8 trees total). Tree designation "2" identifies phase 2 street trees where no planter exist and paving shall be saw cut to create a tree well (14 trees total). Tree designation "3" identifies phase 3 street trees where no planter exists and modifications to the infrastructure shall be made to accommodate street trees (11 trees total). Tree designation "F" identifies street trees that shall be planted as part of a Condition of Approval by the , ' fronting property owner (13 trees total). This shall be consistent with the City of Arroyo Grande's Ordinance, Community Tree Program, Chapter 12.16.030 Street Tree Requirements, Item B. In an effort to minimize infrastructure repairs (see Attachment B) the installation of trees shall include Deep Root Barriers and root watering wells (perforated pipe a minimum of 3 feet deep to encourage deep rooting). Tree well dimensions shall be maximized allow healthy root development and avoid immediate conflicts with infrastructure. Tree selection shall be based on trees that do not have aggressive surface roots and weak or low branching structure. Based on the criteria we are proposing the Tristania conferta "Brisbane Box" for the majority of Traffic Way with the implementation of two Magnolia grandiflora "Majestic Beauty" trees to infill where the existing Magnolias currently exist. Please contact us should you have any questions or concerns and we thank you for your consideration. Sincerely, Kristen Barneich Tree Guild of Arroyo Grande -;.. , ATTACHMENT A . H0rSW c, ~ V> -; s..\\,,]}'~ .. o. r-i ~ . ~H~ !:: '" ~ b1 .. -;-"13 tI1 ~,oe-J 'a: t: T"""""") o if ~ ATTACHMENT B " - ~ , Brisbane"Box "/I'. . . http://www.fuf.netltree...l.lantingslpagesIV2017h2018.html Tristanla conferta (Brisbane Box) CHARACTER: Evergreen; uprigh~ oval form; moderate canopy. SIZE: Large (Height 35-60'; Spread: 25') GROWTH RATE: Moderate/Fast . i FOLIAGE: Ught green, glossy, oval leaves 4-6" long. New growth hes e slight red tinge. FLOWER/FRUIT/BARK: Small, whlie, snowflake-like fiowers in clusters 2-411 across, bloom July-August Hard, brown seed capsule forms in fall and persists on tree. Mottled, shredding, light brown or reddish bark. MONTHLY WATERING NEEDS: 1st year. 4; 2nd year: 3; 3rd year. 1. TREE CARE: Low. Requires light annual pruning. TOLERANCES: Drought poor drainage, any soli; cold winds; fog; smog. SPECIAL CONSIDERATIONS: Rootguard necessary. Prefers sun. Weak root structure, tends to blow over in strong, steady winds. NOTABLE TRAITS: Low-maintenance street tree well adapted to harsh urban conditions. Disease and P.est resistant 1 of 1 1118/20059:16 AM " " -, v,s OITOf.l.~ ~ 01"'&"'" Fact Sheet ST .376 October 1994 Magnolia grandiflora 'Majestic Beauty' 'Majestic Beauty' Southern Magnolia Edward F. Gilman and Dennis G. Watson' INTRODUCTION This is a rather large cultivar of Southern Magnolia with profuse flowering (Fig. I). Capable of growing at a moderate rate to a height of 50 feet with a 20 to 25-foot spread, this Southern Magnolia forms an open canopy displaying a COaISe habit and is probably best suited for large properties. Leaves are large and dark shiny dark green making this a striking specimen tree. The lower branches often bend to the ground forming a pyramidal crown. GENERAL INFORMATION Scientific name: Magnolia grandiflora 'Majestic Beauty' Pronunciation: mag-NO-lee-uh gran-dih-FLOR-uh Common name(s): 'Majestic Beauty' Southern Magnolia Family: Magnoliaceae USDA hardiness zones: 7 through lOA (Fig, 2) Origin: native to North America Uses: espalier; wide tree lawns (>6 feet wide); recommended for buffer strips around parking lots or for median strip plantings in the highway; screen; shade tree; specimen; residential street tree; no proven urban tolerance Availability: somewhat available, may have to go out of the region to find the tree Figure 1. Middle-aged 'Majestic Beauty' Southern Magnolia. DESCRIPTION Height: 40 to 50 feet Spread: 20 to 2S feet Crown uniformity: symmetrical canopy with a regular (or smooth) outline, and individuals have more This document is adapted from Fact Sheet ST~376.11 series of the Envirotlmental HorticultUIe Department, Florida Cooperative Extension Service, Institute ofF-ood and AgricuJtw'al Sciences. Univenity of Florida. Publication date: October 1994. 2, Edwaxd F. Gilman, associate professor, Environmental Horticulture Department; Dennis O. Watson, associate professor, Agricultural Engineering Department, Cooperative Extension Service, Institute of Food aDd Agricultural Sciences, University of Florida, Gainesville FL 32611. 00_182 '. Deep Root Partners, L.P. www.deeproot.com1-800-458.7668 IS" Universal Barrier - UB 18-2 Applications: Linear. Surround & Root Prunina IS" high x 24" wide panels for Unear Applications, Surround Applications and Root Pruning. Our UB 18.2 panels Include our patented, integrated zipper joining mechanism for easy assembly. The 18" height Is ideal for protection from Invasive roots in sidewalk, drlvewaYI patio and many other planting situations. Features . Instant assembly-Slide one panel into the next . Universal Barrier - Use either in linear or surround application . Sizing adjustable In 2' modules . 1/2 Inch raised 900 molded root deflecting ribs . Patented ground lock tabs to prevent lifting by tree . Patented double top edge for strength, safety, appearance and root overgrowth protection . Manufactured In USA with 50% post-consumer recycled plastic . DeepRoot products are patented under one or' more of the following U.S. Patents: 5,070,642; 5,305,549 and 5,528,857. Panel Dimensions UB 18-2: 18"H x 24"W (46cm x 61 em) Material and Manufacturing Process: T)plcal UnaarSljla ~.~Jbft>n a_k . Copolymer Polypropylene of 0.080" ( 2.032 mm ) thickness . 50% Post-consumer recycled plastic . Injection molded . ISO 9002 certified . Made In USA Packaging UB 18w2: 26 Panels ( 52 linear feet / 16 m ) per carton 20 cartons per pallet, approximately 43 pounds ( 19.5 kg ) per carton D8BpRaal U61&<! 1JpIcalSUrround alp Pramlng AppOca:tlon S_k a..pIlool UB.&<! Specifications Properties : Test ASTM Test Method Tensile stress @ yield Elongation @ yield Flexural Modulus Notched Izod Impact Rockwell Hardness r-scale 0538 0638 07906 02S6A 0785A lof2 http://www.deeprootconi/products/pzinterF.php?page=ub_182 DeepRoot Urban Landscape Products <Or"""" Locks Na",. & U.s. Patent Nos. !loul:Ae Top E<%Io I ROUlllIod Edge. Value Copolymer Polypropylene 3800 PSI 5.3% 155,000 PSI 7.1 58 11/8/2005 8:23 AM ~, , Surround Planting http://www..deeprootcom/productslSUIIoundhtml ., Surround Applications The Surround Style planting application Is used In plantlngs where the tree will be surrounded on all four sideS by hardscape, such as a sidewalk cutout. When using DeepRoot barriers In a surround application, plan to line the perimeter of the planting area with the panels. This provides the maximum available uncompacted soli volume for Immediate root growth. For complete Sun'Ound planting Instructions see Surround specifications In the Specifications & Downloads section Typiclll $\lffound style PJanling Application Top VililW of Planting Pit 91,.. (SB') Illlom (39') Five (5) panels oJ DeIIpRaolllB la.:!, _ wilh a """umlel'llDOe of 305cm (120"' fils Into the _"4luIar hale to torm an cmI. lofl 11/8/2005 8:24 AM aj'" '. RAIN~8IRD. Install Confidence: Install Rain Birde RWS Series Root Watering System. . - " . - - - -. . . : -. ':,' ,.' ~ ,:, -~~~~ . D~igllfl.,al1l1ity b<i!=ausea variety of models are aWilahie to-aCCommodate your inS~tion requirements. .'f;;;~d~i~l!tM;"'t}t#\,'ci4C - ~ --- -: 139 TRAFFIC WAY, ARROYO GRANDE, CALIF. 93420 ATTACHMENT 2 TELEPHONE 489-2040 AREA CODE 805 VAllEY AUTO SERVICE SINCE 1950 February 7, 2elo6 Mr. Gary Scherquist City of A. G. P.O. Box 550 Arroyo Grande, Ca. 93421 Dear Mr. Scherquist: Reference to Street Tree Master Plan A tree lined street is a thing of beauty in a residential area but we question trees planted in front of businesses on Traffic Way ~ue to lack of available space and lack of visibility for customers. !We have large trucks delivering me~chandise and much car traffic on the premises. . Bear in mind, much of Traffic Way is devoted to aut.om..,tive service. It is our feeling that trees would propose a problem for us, therefore we are opposed to this plan. We are unable to attend Wednesday nights meeting so we are submitting this letter in opposition. Sincerely yours, ~~~~~ ~~&~ Feb 07 08 02:28p Cherr~ Lane 'Nur5er~ ATTACHMENT 3 \ Cherry Lane Nursery 436 Traffic Way Arroyo Grande CA 93420 (805) 489-8297 To: FAX: From: SUbject Date: Dan Hernandez ' 473-5479 Aaron Stern Traffic Way Street Tree Master Plan February 7, 2006 Hi-Dan, Several months ago Chuck Fellows said a group was working ona Traffic Way Tree Plan, 'I had mentioned it sounded good with the exception that planting trees, in the flunt of our nursery would inhibit an already problematic parking situation for us in, that car doors would be hitting trees placed on'the sidewalk as well as drivers trying to park to avoid opening doors into trees and hot maximizing parking space availability, As you might know. all our Cl,Istomer parking availability is very, limited, and we have to contend with other businesses as well using our limited parking spaces, ' TOday", 217/06. a master plan for trees was droppedoff,anci it involves twcltr~es 'infr6rlf Of the; hohsifty.-I'm in support Of pliintiiigtrees ?i1,6ng:Tr@icWayand -' outlying areas, bu(the two trees in front create a problamfOr us, I! , , Can w~ plantlhetreesinpotsor barrels'and put them by,qurwrqugrtiro.ngate , or foregohaYil1gtrees just in front of the nursery? I:m open tosugg~Stiol')s: The nursery ~i,IJ also beglcad .to supply all the trees for the project at wholesale prices as well as any needed supplies at wholesale prices. . ", . Trdsnoteisofleofconcern to help keep our limitedpatking as'open".and availa,ble as possible. ihahksfor your time. Any questions,. ple<l~e, eallmeat 489-8497. TanR: ' . , , ,'.., 10.a. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER n SUBJECT: CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the Council receive a presentation of the various elements of the Project Approval and Environmental Determination for the Brisco Road-Halcyon Road 101 Interchange project. FUNDING: The adopted Capital Improvement Program budget included $380,925 for the preparation of the Brisco Road-Halcyon Road/Route 101 Project Report to complete the Caltrans Project Approval and Environmental Determination (PA&ED) phase of project development. Of this amount, $165,000 is Regional State Highway Account (RSHA) grant funds. An additional $88,000 was approved by the City Council on November 8, 2005 for additional environmental services for a total of $468,925. DISCUSSION: At a previous meeting, Council requested an update of the various elements of the Brisco Road- Halcyon Road/Route 101 Interchange project including the project approval processing and funding aspects. The basic process for a major improvement project to progress from inception to construction requires inclusion into long-range plans, completion of a Project Study Report (PSR), development of the Project Approval and Environmental Determination (PA&ED), development of the Plans Specifications & Estimates (PS&E), acquisition of Right of Way (ROW), and finally construction. A Project Development Team (PDT), which is comprised of Caltrans, SLOCOG staff, and local agency staff meets regularly during the PA&ED, and PS&E phases to provide input for the development of the traffic forecasting and evaluation of the alternatives. In 2001, a Project Study Report-Project Development Support (PSR-PDS) was cornpleted to develop alternatives to improve operation of the Brisco Road-Halcyon Road interchange on Route 101. The PSR-PDS identified five potential alternatives including a "no-build" alternative for further evaluation. These alternatives are currently being analyzed, and the appropriate environmental studies are being prepared. CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF ALTERNATIVES FOR THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14, 2006' PAGE 2 Proiect Alternatives Hie following is a detailed description of each alternative: Alternative 1 - (PSR-PDS Alternative 1). "Alternative 1" proposes the removal of the northbound on- and off-ramp of the Brisco Road-Halcyon Road/Route 101 interchange and improvements to the adjacent East Grand Avenue/Route 101 interchange located to the south. "Alternative 1" includes the following design elements: · Signalization of the East Grand Avenue/West Branch Street intersection. This improvement is recommended in order to sustain coordinated traffic operations along the closely-spaced intersections on the East Grand Avenue segment east of the Route 101 interchange. An alternative strategy may be to consider left-turn access restrictions at this intersection. This signalization improvement was not included in this alternative in the PSR-PDS, but is now recommended for inclusion. · Construction of an additional left-turn lane on the northbound off-ramp at the East Grand Avenue/Route 101 northbound ramps intersection and provision of an exclusive right-turn lane on the westbound approach. . Relocation of Route 101 southbound on-ramp at East Grand Avenue to opposite the existing Route 101 southbound off-ramp approach, and associated traffic signal phasing modifications. This will also include installation of a double 54-inch concrete pipe culvert to carry storm water under the realigned ramp. . Construction of an auxiliary lane on southbound mainline Route 101 between the Halcyon Road southbound on-ramp and East Grand Avenue southbound off-ramp, with an associated retaining wall. . Lengthening the southbound Route 101 off-ramp to Halcyon Road. . Closure of Route 101 northbound ramps at Brisco Road and removal of the associated traffic signal equipment. . Brisco Road Improvements were evaluated under two scenarios/options. o Without Brisco Road undercrossing widening - At the Brisco Road/EI Camino Real intersection, restriping to provide for one exclusive left-turn lane and one shared through- right lane for the southbound Brisco Road undercrossing approach to EI Camino Real. With this improvement, the existing Brisco Road three-lane undercrossing will be re-striped to accommodate two southbound lanes and one northbound lane. At the' Brisco Road/West Branch Street intersection, one left-turn lane and one shared left-right turn pocket (at least 100 feet long) will be constructed for the northbound approach. Preliminary operational analysis indicates that the existing three-lane undercrossing, with the above-noted restriping modifications, will provide acceptable operating conditions at the intersections with EI Camino Real and West Branch Street. CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF BRISCO ROAD- HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14,2006 PAGE 3 o With Brisco Road undercrossing widening - Operational analysis has indicated that although the existing three-lane undercrossing can be restriped (as described above) to provide acceptable LQS conditions at the intersections, widening of the undercrossing to four lanes may become necessary to provide for adequate queue storage, eliminate . spillover/blocking potential, and enhance overall operational flexibility. The widening of Brisco Road undercrossing to four lanes (two lanes in each direction) is recommended as an option under Alternative 1. It may be noted that the Brisco Road undercrossing improvements were not included in the PSR- PDS due to financial constraints, but are now recommended. Alternative 2- (PSR-PDS Alternative 2). "Alternative 2" proposes the closure of the Brisco Road-Halcyon Road/Route 101 interchange ramps and improvements to the East Grand Avenue interchange/Route 101. "Alternative 2" includes the following design elements: . Signalization of the East Grand Avenue/West Branch Street intersection. . East Grand Avenue/Route 101 Northbound Ramps intersection. Construction of an additional left-turn lane on the northbound off-ramp approach and provision of an exclusive right-turn lane on the westbound approach. . East Grand Avenue/Route 101 Southbound Ramps intersection. Addition of a second southbound right-turn lane from the SR 101 southbound off-ramp approach, and addition of an exclusive eastbound right-turn lane into theSR 101 southbound on-ramp. . Relocation of southbound on-ramp at East Grand Avenue opposite the existing southbound off-ramp, and associated traffic signal phasing modifications. This will also include installation of a double 54-inch concrete pipe culvert to carry storm water under the realigned ramp. . Construction of a new three-lane Route 101 overcrossing between EI Camino Real at Halcyon Road, and West Branch Street at Rodeo Drive. ( . Closure of the southbound freeway ramps at Halcyon Road and modification of existing signal equipment at Halcyon Road/El Camino Real intersection. . Closure of the northbound ramps at Brisco Road and removal of existing signal equipment. . Construction of the Halcyon Road/West Branch Street/Rodeo Drive intersection, and installation of a traffic signal at this intersection. . Reconstruction of the Halcyon Road/EI Camino Real (signalized) intersection. CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14, 2006 PAGE 4 Alternative 3- (PSR-PDS Alternative 5).. "Alternative 3" (which is a variant of Alternative 1) also includes realigning West Branch Street so that it intersects with East Grand Avenue at the current location of the Route 101 northbound on-ramp intersection. "Alternative 3" (see Exhibit 3) includes the following design elements: · Realignment of West Branch Street to intersect East Grand Avenue at the current location of the Route 101 northbound on-ramp. West Branch Street, to the east of the proposed realignment, would be reconstructed so that access to/from adjacent · Properties are maintained. The existing West Branch.Street approach to East Grand Avenue will be terminated into a cul-de-sac. . Replacement of the Route 101 northbound on-ramp from East Grand Avenue with a new hook on-ramp from West Branch Street at Old Ranch Road, and installation of traffic signal at the West Branch Street/Old Ranch Road/Route 101 northbound on-ramp intersection. . Reconstruction/modifications of the East Grand Avenue/Route 101 northbound off-ramp/re- aligned West Branch Street intersection. . East Grand Avenue/Route 101 Northbound Ramps intersection. Construction of an additional northbound left-turn lane on the off-ramp approach and provision of an exclusive right-turn lane on the westbound approach. . Relocation of Route 101 southbound on-ramp at East Grand Avenue to opposite of the existing Route 101 southbound off-ramp approach, and associated traffic signal phasing modifications. This will also include installation of a double 54-inch concrete pipe culvert to carry storm water under the realigned ramp. . . Construction of an auxiliary lane on Route 101 between the Halcyon Road southbound on- ramp and the East Grand Avenue southbound off"ramp and construction of a retaining wall adjacent to this auxiliary lane. This will include extension of a triple 54-inch concrete pipe culvert. . Lengthening the Route 101 southbound off-ramp to Halcyon Road. . Closure of .Route 101 northbound ramps at Brisco Road and removal of existing traffic signal equipment. . Brisco Road improvement options as described under Alternative 1. It should be noted that the proposed realignment of West Branch Street with the northbound East Grand Avenue on ramp would conflict with Caltrans Design Standards in that a local street would have been directly opposite the East Grand southbound off ramp. Caltrans believes that this increases the probability of wrong-way movements on the ramp. Caltrans guidance sets the preferred offset at 400 feet. Any deviation from this Standard will require a Design Exception that CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14, 2006 ' PAGE 5 Caltrans is unlikely to issue, as there are Alternatives that meet the purpose of the project without compromising Caltrans Standards. Alternatives 3 identified in the PSR-PDS was removed from further consideration because of impacts to adjacent residents and businesses resulting in substantial right of way which were more than the cost of construction of Alternatives 1 or 2. There was also no improvement to traffic operations over Alternative 1 or 2. In comparison to Alternative 3, Alternative 1 offers superior operations on the SR 101 northbound mainline because of higher spacing between the East Grand Avenue and Camino Mercado ramps. Alternative 4 was a low cost option and included at. the request of SLOCOG. This alternative was also removed from further consideration because it did not provide improved traffic operations and was not considered a viable alternative. Findinas From Evaluation Of New Concepts As part of further refinement of the project alternatives, staff requested an evaluation of the design implications of the following two improvement concepts, identified subsequent to the completion of the 2001 PSR (PDS): New Overcrossing north of Brisco Road - This concept involves construction of a new (two-to- three lane) over-crossing across SR 101 that will connect between West Branch Street at Five Cities shopping center entrance on the east (north) side of the freeway and EI Camino Real on the west (south) side of the freeway, arid located approximately 1,500 feet north of Brisco Road undercrossing. The "pros" and "cons" of this new overcrossing concept are listed as follows. Pros: . Helps increase travel capacity across SR 101. . Construction techniques are relatively low risk. Cons: . Requires "raising" both frontage roads (EI Camino Real and West Branch St,eet) to match structure profile, 20+ feet of raise may be needed on West Branch Street side. . The new overcrossing will impact driveway access to/from the Five Cities shopping center. . This concept will have significant impacts (visual and encroachment) to adjacent properties, and will require installation of retaining walls to minimizt;l these encroachments. . Requires closure of frontage roads during construction. . Increases number of signalized intersections along the frontage roads, more mid-block interference affects traffic progression and requires better traffic signal coordination. . Does not significantly enhance accessibility to/from Five Cities Center - with thl;'! new overcrossing, traffic from Brisco Road still has no direct access to the shopping center. This concept requires traffic signal or geometric improvements at the Brisco Road/EI Camino Real intersection to move traffic efficiently to the new over-crossing. CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14, 2006 PAGE 6 Based on the above anticipated impacts, this new overcrossing concept was dropped from further consideration. Widening of existing Brisco Road undercrossing - the widening/reconstruction of the existing Brisco Road undercrossing (to four lanes) is included as an "optional" feature underAlternatives 1 and 3. This concept has the following "pros" and "cons". Pros: · This concept provides relatively better cross-town access/circulation across SR 101 by adding capacity at an existing "centralized" interchange location. . Minimal impacts to existing frontage roads (as well as the Five Cities shopping center). · Very little impact (visual and encroachment) to adjacent properties. Cons: . Traffic staging during construction will impact SR 101 mainline traffic as existing structure is modified or replaced. . Construction techniques are relatively difficult. This concept will be further evaluated in the PA&ED process. FundinQ StrateQV The State Transportation Improvement Program (STIP) is a multi-year capital improvement program of transportation projects on and off the State Highway System, funded.with revenues from the State Highway Account and other funding sources. STIP programming generally occurs every two years. The programming cycle begins with the release of a proposed fund estimate in July of odd numbered years, followed by California Transportation Commission (CTC) adoption of the fund estimate in August (odd years). The fund estimate serves to identify the amount of new funds available for the programming of transportation projects. Once the fund estimate is adopted, Caltrans and the regional plannin~ agencies, SLOCOG, prepare transportation improvement plans for submittal by December 15 (odd years). Caltrans present the Interregional Transportation Improvement Plan (ITIP) and regional agencies prepare Regional Transportation Improvement Plans (RTIPs). Public hearings are held in January (even years) in both northern and southern California. The STIP is adopted by the CTC in April (even years). Note, the 2006 STIP is not typical of the aforementioned dates. This process,as well as the fund distribution process are outlined in charts available on the Transportation Programming website. Per recently adopted SLOCOG policies; the following are important considerations for any major transportation improvement project: . ---- "- --.., ~_..- --- - ~-- CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14, 2006 PAGE 7 · Significant local investment by the local governing agency(s) for project development; · Local investments would be based on a percentage to account for ~elays or modifications, etc.; · Development of an agreement that considers all possible outcomes; · Coordination with staff though quarterly PDT meetings, which requires the Project Manager to provide annual progress report updates to the policy board for endorsement of continued development of the project. A project maybe stopped at many stages and from the many levels of government or the public: . Withdrawn Support (local, regional, State, or Federal) at any point. . Funding needs surpass capacities at any point. . Initiatives and referenda of legislative acts. Funding forthe PS&E phase of the project is included in the SLOCOG recommended projects for consideration at the SLOCOG board meeting on February 8, 2006 meeting. Local match funds will need to be provided to receive these funds. Funding for Caltrans operational improvements along 101 for construction of the auxiliary lanes has also been included for funding in this cycle. Due to the State's financial problems, feedback received indicates that funding may be delayed as much as 10 to 15 years for construction. Staff believes this is an unacceptable scenario based upon staff's projections for this interchange, which will require the City to pursue alternate funding strategies. Staff recommends the City goal be to complete the project within a five to seven year period, which we believe is both the most optimistic and realistic time frame given the challenges of the project. As a result, staff is recommending the City focus on a number of ways to meet this targeted schedule. First, rather than waiting for State funding to begin the next phase of the project,. it was recommended and approved in the existing budget to fund the entire amount of the Design and Engineering costs. Therefore, once PA&ED is complete, the City can move forward immediately to design the project. This will shorten the overall timeline, make it more competitive for State ~,'funding, and position the project for potential Federal moneys that periodically become available for projects that are "construction ready". Funds that have been accumulated for this project from development impact fees will be used to fund this phase. CITY COUNCIL CONSIDERATION OF A PRESENTATION OF THE VARIOUS ELEMENTS OF THE BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT AND FUNDING PROCESS FEBRUARY 14, 2006 PAGE 8 Secondly, the City has worked with Caltrans to coordinate the proposed improvements with a related Highway 101 auxiliary lane project. Since completion of these lane improvements is necessary prior to or as part of the interchange improvements, these lane improvements are being proposed as the first phase of the overall interchange project. SLOCOG staff has recommended $5.165 million for this project in the next STIP cycle for this process. Normally, when funding for the first phase of a project is approved, it increases the likelihood of obtaining approval for future funding. Third, moving up the schedule will likely involve the need to substantially increase local matching funds. Staff estimates that up to $400,00 may be needed annually over a 20-year period to fund the City's portion of the costs necessary to move the State's funding up to the desired time frame. As a result, the Brisco road- Halcyon Road Interchange is one of the key issues identified in the City's long range financial plan and a catalyst for ongoing discussions regarding a potential sales tax measure to generate the revenue needed. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Continue processing the alternatives presented in the PA&ED and apply for State and Federal funds, . Modify the alternatives and continue processing the PA&ED and apply for State and Federal funds; or . Provide direction to staff. Attachments: . Maps of Alternatives -- - -.---.-------.---- ..........,~:~:f~~~:~:~(:~:.. CUblic Input ~ . . General PI<~n Bi... . . .... R.TP ..... m I Funding I .. p. D T . Project~~udyRepott. . .... 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' ; " I I 'i I i i i,'I': ,! , I'i: 1_, I ,~ i i i:'" m ; i I~ ~_'I f i ,I, I, '- 1-' ! i: ' ) !I \.I;. ./ ~ -Iol.l:., Ji ," \n'" j, Cj--'- '::1/ 'I II ;t." I 'I .--4 ~ 'I i ! q'I,; , 1 'f' . + 1i ~ j : ;i T t",{I\ .ff. 'I,%'" ~~-~ ..... 11.8. MEMORANDUM FROM: CITY COUNCIL A ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES Iff( TO: SUBJECT: CONSIDERATION OF MODIFICATION TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS) CONTRACT DATE: FEBRUARY 14, 2006 RECOMMENDATION: It is recommended the City Council: Introduce the attached Ordinance amending the contract with the Califomia Public Employees' Retirement System; and ,/ I' , Approve and authorize the Mayor to sign on behalf of the City the attached Resolution of Intention to amend the contract with the California Public Employees' Retirement System. , Ii FUNDING: This modification will increase the Present Value of Benefits under the contract ("contract") by $182,456, increase the Accrued Liability under the contract by $144,708, and increase the Total Employer Rate by 4.867%. The cost impact to the General Fund will be approximately $26,000 and was included in the Fiscal Year 2006-07 budget. i I', DISCUSSION: The City contracts with the California Public Employees' Retirement System (CaIPERS) to provide retirement benefits to employees. The retiree benefits are based on the number of years of service, the employee earnings, and the benefit provisions of the contract. II This action implements provision 27.1A of the current Memorandum of Understanding (MOU) between Arroyo Grande Career Firefighters and the City of Arroyo Grande. Currently, the PERS 2% at age 50-retirement plan is provided for unit personnel, with the City paying the 9% employee contribution for PERS retirement. Effective July 1, 2006, the 3% at 55 PERS retirement plan will be provided to unit personnel. The City will continue to pay the employee contribution rate of 9%. The first step in the CalPERS contract modification process is to introduce for first reading an ordinance to modify the contract and adoption of a resolution of intention to amend the current contract. The attached resolution is supplied by PERS, and must be adopted as ,I I I , I , CITY COUNCIL MODIFICATION TO CALPERS CONTRACT FEBRUARY 14, 2006 PAGE 2 prepared by the PERS agency. The Ordinance in the City's format has been developed to meet the City's requirements from a sample provided by CaIPERS. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations by introducing an Ordinance and adopting the Resolution of Intention to amend the CalPERS contract; Do not approve staff recommendations, which would require staff to renegotiate the approved MOU with the Arroyo Grande Firefighters; Provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, the City of Arroyo Grande has contracted with the Board of Administration of the California Public Employees' Retirement System to provide retirement benefits to the employees; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 21363.1 (3% @ 55 Modified formula) for local fire members. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Arroyo Grande, as follows: Section 1: That an amendment to the contract between the City Council of the City of Arroyo Grande and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. Section 2: The Mayor of the City of Arroyo Grande is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said City. Section 3. This Ordinance shall take effect on April 27, 2006. Section 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance. On motion of Council Member and on the following roll call vote, to wit: , seconded by Council Member AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this day of 2006. ORDINANCE NO. C.S. PAGE 2 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY A CalPERS EXHIBIT California Public Employees' Retirement System - . AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Arroyo Grande . The Board of Administration, California Public Employees' Retirement System, ' hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 10, 1964, and witnessed June 16, 1964, and as amended effective September 16, 1966, May 24, 1973, July 4, 1980, June 24, 1988, February 12, 1999, October 15, 1999, September 28, 2000, January 4, 2002, July 2, 2004 and December 31, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective December 31, 2004, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 55 for local safety members. :- i\ 01: on ~!IlT C:l~~' "[VI-I'IOIT O~.:' ~_L.J\~il.- U l'tV UiUI~ 'j\j .Ui 1_-.. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 10, 1964 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). -4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: . a. EMPLOYEES COMPENSATED ON AN HOURLY BASIS; AND b. ELECTED OFFICIALS. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 55 Modified and Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21363.1 of said Retirement Law subjecfto the reduction provided therein for Federal Social Security (3% at age 55 Modified). ..-, r-'C r n ~~0T ~!r':~~,l "r:VL.prl-r r:f' '1." _/\~':-~","--'IJ'.J \..ii".,!;J L-/\11:i..J1 VI..., 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. b. Section 20965 (Credit for Unused Sick Leave). c. Section 21024 (Military Service Credit as Public Service). d. Section 21027 (Military Service Credit for Retired Persons). e. Section 20042 (One-Year Final Compensation). f. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local miscellaneous members. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 4, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or . less than the correct amount of contributions is paid for any.period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of ....' BOARD OF ADMINISTRATION ~,\' \ PUBLIC EMPLOYEES' RETI\~~S,lSYSTEM ,_".~\"""'sJ \.\.\ ;....~ ..\ y. ,-. . BY ,<.....'- LORI MCGARTlj\Nb, CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF ARROYO GRANDE 1<" BY ,,;'-1 PRESIDING OFFICER -< (',\./ ",\ \\.) \\',"\ \\;" .) \...S~\\. r"\ ,... \". ~\ /.' \.,. <..... .....\ ..J ",','. .,\ Witness Date--- '" . ..)" Attest: Clerk AMENDMENT ER# 0545 PERS-CON-702A (Rev 10\05) {. .' <,' RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF ARROYO GRANDE WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21363.1 (3% @ 55 Supplemental and Modified formula) for local fire members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title Date adopted and approved (Amendment) CON-302 (Rev. 4/96) 11.b. MEMORANDUM FROM: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR P TO: SUBJECT: CONSIDERATION OF RELOCATION OF VIACOM OUTDOOR BILLBOA~D, 145 W. BRANCH STREET DATE: FEBRUARY 14, 2006 I 1 , " RECOMMENDATION: It is recommended that the City Council consider the proposal by lessee, Viacom Outdoor, and property owner and lessor, Greg Nester Construction, to allow on-site relocation of the existing double-face Billboard structure (the "Billboard"), a legally non- conforming use from the frontage of 145 West Branch Street to a rear lot location adjoining Arroyo Grande Creek, visible from Traffic Way, but requiring an end to the use and removal of the Billboard on or before the current lease term which expires on August 11, 2011. Staff recommends adoption of a Resolution approving the Billboard relocation, but requiring removal,on or before August 11,2011. FUNDING: No City funds would be required to approve the proposed Billboard relocation. BACKGROUND: In early 2002, the City participated in discussions with Viacom Outdoor and the property owners at that time to consider relocation of the existing double faced Billboard located on the frontage of 145 West Branch Street to someplace outside the Village. Although those discussions did not result in any change in the status quo, recently, Viacom and the new property owner, Greg Nester Construction, have inquired as to whether Billboard relocation would still be of interest to the City. It is evident that the new two story Mixed Use development to the west may partially obscure one face of the Billboard and that retaining visibility of the remaining east face would conflict with future frontage development of the subject property. Greg Nester Construction acquired both 139 and 145 West Branch Street and has been negotiating with Viacom to relocate the sign structure to the rear portion of the same lot, adjoining Arroyo Grande Creek, where a single or double face Billboard would be clearly visible from Traffic Way. The parties have apparently agreed to relocate the existing Billboard structure, subject to City Council approval, including a requested ten year lease which effectively would require a five-year time extension for this legally nonconforming use. (See Attachment 1.) An extension of the term of the non-conforming use is directly contrary to the stated purpose and intent of these applicable code provisions; however, staff recommends approval of the relocation. CITY COUNCIL CONSIDERATION OF RELOCATION OF VIACOM OUTDOOR BILLBOARD, 145 W. BRANCH STREET FEBRUARY 14, 2006 PAGE 2 Section 16.48.11 O.A of the Municipal Code regarding non-conforming uses states: "This section is intended to limit the number and extent of nonconforming uses (including signs) by regulating their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarqed in a manner that would increase the discrepancy between existinq conditions and the standards prescribed in the code." (Emphasis added, See Attachment 2.) The code allows nonconforming signs (billboards) to remain until such time as: A) There is a change of use of the property on which the sign is located and discretionary approval for the change of use is required. B) There are alterations or enlargements to the site or building on the property in excess of twenty five percent (25%) or C) Expansion, movement or modification of the sign. (Change of copy or normal maintenance and repair does not constitute grounds for modification of a nonconforming sign.) Review and interpretation of these provisions by staff has led to the conclusion that the City Council can authorize relocation of the nonconforming sign structure to a portion of the same site under circumstances which improve the non-conformity. This appears to be the case here, where relocation is more consistent with the Historic Village Design Guidelines and Standards. The property is zoned Village Core Downtown and subject to Design Overlay District D-2.4, for historical character guidelines and standards (VCD - D- 2.4). No zone within the City permits off-premise signs, and the VCD - D-2.4 is one of the least compatible locations for billboards, particularly in the very heart of the Village on Branch Street frontage. The Design Guidelines and Standards for Historic Districts strongly encourage pedestrian orientation of historic character commercial buildings with no setback from sidewalk while the current nonconforming Billboard is perpendicular to the street. Relocation of the Billboard to the rear portion of the same site would enable more appropriate pedestrian oriented storefront and office development, a benefit to the City and to the property owner. It would also benefit the lessee by allowing the nonconforming double faced off-premise sign structure to be placed in a far more visible street sideyard location adjoining Traffic Way bridge and Arroyo Grande Creek. ! I The City Council authorization of the Billboard relocation would allow the same size and height structure at the same zero street setback from Traffic Way right of way, but does NOT include any vegetation removal or trimming of existing off-site creekside vegetation and would specifically require removal of the Billboard on or before August 11, 2011. As an additional condition of approval, staff recommends that the property owner be required to construct curb, gutter and sidewalk to City standards in the Traffic Way right of way, concurrent with the completion of the neighboring Robasciotti building to eliminate the S:\COMMUNITY _DEVELOPMENTlCITY _COUNCIL\2006\02-14-06\02-14-06 Viacom Billboard CC report.doc CITY COUNCIL CONSIDERATION OF RELOCATION OF VIACOM OUTDOOR BILLBOARD, 145 W. BRANCH STREET FEBRUARY 14, 2006 PAGE 3 gap between the new shared driveway and the Traffic Way Bridge. Otherwise, the relocated sign structure would be vulnerable to uncontrolled vehicle entry and exit from Traffic Way. It should be noted that Viacom removed the two sign faces during the adjacent construction to avoid interference and potential instability due to excavation on the adjacent property. Thus, the cost of relocation of the three support poles and footings would be minimized at this time, if allowed before the sign faces are replaced. ALTERNATIVES: 1) Approve the request for non-conforming double faced Billboard use and structure relocation to the same size and height at a location on the same property at the _ southwest edge adjoining and perpendicular to Traffic Way at Arroyo Grande Creek, but terminating and requiring removal on or before August 11, 2011, or 2) Deny the requested relocation and time extension. Attachments: 1. Letters dated February 2, 2006 and February 3, 2005 from Greg Nester Construction and from Viacom Dated February 16, 1005 including a copy of the lease agreement dated May 1, 1991.), and Site Survey with proposed location. 2. Municipal Code Section 16.48.110. S:\COMMUNITY _DEVELOPMENnCITY_COUNCILI2006\02-14-06\02-14-06 Viacom Billboard CC report_doc RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING ON.SITE RELOCATION OF A LEGALLY NONCONFORMING USE AND STRUCTURE, DOUBLE FACED, OFF.PREMISE SIGN (BILLBOARD) FROM THE FRONTAGE OF 145 WEST BRANCH STREET TO A REAR LOT LOCATION ADJOINING ARROYO GRANDE CREEK AND REQUIRING REMOVAL ON OR BEFORE AUGUST 11, 2011. WHEREAS, the City Council of the City of Arroyo Grande has received a request by property owner Greg Nester Construction and Development, Inc., dba Vista Roble LLC and on behalf of Viacom Outdoor to relocate the existing legally non-conforming, double-faced, off premise sign structure (the "Billboard") from the frontage of 145 West Branch Street to a rear lot location adjoining Arroyo Grande Creek, visible from Traffic Way; and WHEREAS, Section 16.48.110 of Municipal Code outlines the purpose and provisions related to nonconforming uses, including signs, by regulating their expansion and modification; and WHEREAS, the subject property located at 145 West Branch Street is located in the Village Core Downtown, Design Overlay District (VCD - 0-2.4) subject to Historic Character Design Guidelines and Standards which strongly encourage pedestrian orientation of historic character commercial buildings with no setback from sidewalk, and the frontage of West Branch Street is one of the least compatible locations for billboards; and WHEREAS, relocation of the Billboard to the rear portion of the same legal lot would lessen the Billboard's negative impact on the historic Village Core area and would enable more appropriate pedestrian oriented storefront and office development to the benefit of the City and the property owner and would also benefit the sign company by allowing a more visible street side yard location adjoining Traffic Way and Arroyo Grande Creek; . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande approves on-site relocation of a legally nonconforming, double faced, off-premise sign (billboard) structure from the frontage of 145 West Branch Street to a rear lot location adjoining Arroyo Grande Creek, visible from Traffic Way as shown in Exhibit "A", subject to and conditioned upon removal of said sign structure on or before August 11, 2011, and subject to curb, gutter and sidewalk installation to City standards in the Traffic Way right of way, concurrent with the completion of adjoining driveway construction to the northwest, to eliminate the gap to Traffic Way bridge. RESOLUi\ON NO. pp.GE 2 on motion by Council Me~ber tollowin9 roll call vote, to WIt: , seconded bY council Member and on tne , p.\'ES: NOES: P.6SENi: 1M 'o,ego'Og Re",luIioo wa' pa",ed and adopled \h" ,." day ol feb",a"'. 2006 \ " \ \,L ~ i, " :,\ - ----------------------------------- RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY CARMEL, CITY ATTORNEY ~. -".. ,..-. ,_. ._-;-.~._^. -.-... - _.. . -.-.-. , , - -.,.. -.',-C-"'__ ,.' ATTACHMENT 1 :' . "', ~ F. ,"GREG NESTER I~ CONSTRUCTlqN &, DEVELOPMENT; INC. ..' ,'Gngi"""'f 21n."" J.t.I<..la, , ' , 'b~~'~~~l\' 7<7'~~"';',""'" ~,.;~ 1:: ~-~~<~~ :;;' ,!. .~::: :: .L.~) . , ,"".; February 2/ 2006 FE8:~2 2[J[[; , " .' Rob Strong , " Director of Community, Developrnent City of Arroyo Grande, ' ' , P.O. Box 550 ,214 E. Branch Street , Arroyo Grande/CA 93421 , , . .' " , ' " , erN bF/':".'~\:\f''''''1 C!;t.r 11""";..... cc.;\ :;'':; U: ;' ;;i";" s :\~~1\:~':.1~'~,; ,.~~:'~~~ - .. ,-,~"",~,'l > Ii_I '1! ,I. :. Dear Mr. Strong; , . . , , As the owner of 145 Branch Street in Arroyo Grande and leaseholder of the Viacornbillboard, I would like to update you regarding the relocation and lease 'negotiations with Viacorri.With the development of the Robasciotti property to the~t, Viacom has become somewhat motivated to consider a relocation of the billboard with respect to a substantial loss of site, lines for east bound travelers. The current lease is ,valid and enforceable through mid 2011. . Viacom ' representatives have made considerable effort to 'consider alternate locations through meetings, site visits/and follow up correspondence. The most viable site for all 'parties lies at the rear property line of 145 Branch Street on the Traffic Way frontage. Viacom has offered cooperation' contingent on street setbacks, height Iimitations/' visibility regarding foliage rTlaintenance, 'a renewed 10 year I,ease term and of course City approval. ' , .. , . Please give the terms, Vi~c~mhas outlined, consideration along with input and direction from the City Council. I would be happy to attend any public hearings necessary to facilitate the "relocation of this billboard with consideration of our future plans for development for P9/145 Branch Street. . " , , " , ./ "'",;;:. Sincerely, ;./. " ',- . Greg Nester Owner \-.; " , :src . . '.- '. GENERALC;ONTR;'t::i-OR LICENSE # B 1 280"; , , OFFICE LOCATION: 138,W. BRANCH ST.. ARROYO GRANDE. CA 83420 MAIUNG ADDRESS: P.O. BOX 21 8; ARROYO GRANDE. CA 83421" "TELEPHONE: (l:30EiJ4B1'51B2' FAX:'(B05J481-2780'" <,.' D !!"" ,........ .... ~" fi.''''~ ....'"' 1:.< ._" ,_ \'" . , /:j ;.).. ~ ~,,., .l: ,: ",' '":-"':J . . ~'ftiJ.., ..' ,_:~~.; February 3, 2005 FE8 02 20G2 Viacom Outdoor ArynnSmith 5678 East Shields Fresno, CA 93727-9984 CITY OF /',,,..,"''-,....., f:::'" . "...,,- ...... .",.. '.-! "c:. CO',,,,,,,,,,,,, ".- - .\oj,vl' !>_ - i I r.;:\;'-! ..."'.... "~."~ .~. _I, '--'~" .'~...\...i;':,;;::1\i; Dear Arynn, . Greg Nester Construction & Development, Inc. has recently purchased the property at 145 W. Branch St. in Arroyo Grande, CA. It has one of your billboard signs on it. We also purchased the property located next door at 139 W. Branch St. We have solicited the services of an architect to begin design ofa new project on the property. Therefore, we need to know the status of the current sign, present and future. We need the current lease specifics and would like information on buyout, removal, etc. Your prompt attention to this would be appreciated. Sincerely, Larry Souza Greg Nester Construction & Development, Inc. Vista Roble L.L.C. GENERAL CONTRACTOR LICENSE #B12804 OFFICE LOCATION: 138 W. BRANCH ST., ARROYO GRANDE, CA 83420 MAILING ADDRESS: P.O. BOX 218, ARROYO GRANDE, CA 93421 TELEPHONE: (805)4B1-5182 FAX: (B05)481-2780 \j\~~D",^ f\ .0,\ '{\."^- G \ rl'SoO ~\ ~~__b ~/~ . 02/t6/2005 15:54 15592928434 VIACOM OUTDOOR ~ ( VIACOA\ OUTDOOR llE PAGE 02 F. CEIl/En Ee 18 2005 r:1if t*~tIf.1. February 16, 2005 /'0 t: (" - ~\ /!F"'.~ 1 ":~ ~.' .~ ;',-:, ,\:" '.-1 Ii ~ to1&:;! 'd"1' ~ri'i?l 1: , :-.. :kJ'~" Fr:d () ~ ?n0~ , ~.... L. ,--.~,( . Greg Nester Construction & Development, Inc Attn: Larry Souza P.O. Box 21.9 Arroyo Grande, CA !13421 Su5mittd f1i4 ft;r.- (805) 48.,47!JO RE: Lemle # 9'J5791 & 905866 - Display #'s 000362 & 00362A - Located at West Branch St. SOl)th Line, 80' East of Traffic Way. CITV 0'- I j ~'~ /. r:~!'lr'\vr.. r r . (' "" ' ",,' ,'~.; i '~~i ,~:':-::/~r,I::E ....Ol\}:[l,"!'! !,\I~~"" P.~" ......, . ."t.....'. ..Ii 1" W-L:V~:.8;::'I\~=;\}T Dear Mr. Souza, 11- ~ PI~e find enclosed It copy of our existing lease agreement covering our sign on the property at the above-described I ~cation. It should answer any questions you may have. The status of the agreement is as follows: . Displav No.'s 000362 & 00362A Initial term often years commenced on August 11, 1991. The second term often years commenced on August 11,2001. Advance yearly ground rental in the amount of $650.00 is paid every August. The lease is due for renewal on August 1; 2011- Thank you for this OFPOrt\1nity to be of service. If you should have any questions or require further information, plcmle do not hesitate to contact Mark Duran or myself. Sincerely, ~ trrk:#u Arynn M. Smith Real Estate Administrative Assistant . 5678 E. Shields. Fresno. CA 93727-9984 (559) 292-8300 Fox; (559) 292-8434 WWW.VIACOMOUTDOOR.COM 62~16/2665 16:64 15592928434 VIACOM OUTDOOR PAGE 62 RECEIVED 1}FEB 162005 . A-~)(EDf1Y" ~ ".YI1I1 "'" ,57 Do/roo: =-1'~1 ('i(O!) YIACOJA OUTDOOR February 16, 2005 Greg Nester Construction and Development, Inc. AUn: Larry Souza P.O. Box 219 Arroyo Grande, CA 93421 Mr. Souza: Thank you for supplying us with a copy of the recorded grant deed for the property mentioned below. In order to update our records, confirm ownership and ensure that future payments am sent correctly, please fill out the lines marked with an ")C", sign and date this form and return it at your earliest convenience via fax o(regular mail. Name/Owner:.x...:xJ~ UL;../ ~ ;J~--,;ri:1?-- Mailing Address: P.O. Box 219 Arrovo Grande CA 93421 Display/Board Number: 000362 and 00362A Assessor's Parcel Number: 007-481-009 Lease Number: ~J5791 and 905866 Phone Number: _ (805) 481-5182 Tax Identification NumberlSSN: . X 7~- Or-<o ~S0 ( Date of Change of Address/Ownership: 11/12/2004 Signatur~:~ . Date: X~~e#~ I Upon receipt of this letter the changes will be made accordingly. If you have any questions, please fllel free to contact me at (559) 292-8300. Respectfully, ~Orrut1o Arynn M. Smith Real Estate Administrative Assistant I " " ..1 l~ 01 CD E u e .!: '" ()O d z "' e 6 ~ CD 0:' no ~ l; '" e it Q a. u.. <( -au Q) cP cj a:wo .Q; Z~ .! "'<lei g,ga.; W~:i ~ CD Z . . . . . . . . :!i; .m .0 ~ :n. . . . . . . . . . . . . :~ (II: UQ:; G) l1J .. ~U)::;; w_< ..rea: -'0:,. ::owe !::i5~ ~<Q. -";,':;' ,15592928434 VIACOM OUTDOOR PAGE e3 (' ~nchOffiC. 567B E. Shield~'-"":' .,':i'.resno, Ca. 93727 S"A~C;A~~i,.~sEAGREe"'EIIl- . For," lS5ON. ReVIled 10/8~' , . . LeBse II NATIONAL ADVERTISING COMPANY (Subsidiary 01 Mlnn..ola MinIng & Manufaclurlng Co.) Home Office: SedlordPark, III1noi8 60501 271-000362 . 00362A THIS AGREEMENT, made this 'I- 1?1 ~ i'~ay 01 ~Z . 19?/-. by and between MARGARET KLISH . . of A.RROYi . GRANDE. CA. hereinafter called the Le Isor, and' National Advenlslng Company. of Bedford Park. illinois, hereinafter called the Less~. WITNESSETH: 1. Tile.Lessor hGreb)' le89e8 unto V'le Le~seB. and tha Lessee.here.by.leaae& trom the Leuor. the use and ~ror1 of the portion Ie be occupied of trle fcllowing ckJ:eribed premlsea. for the .purpooea 01 erecllng and maintaIning sdvertiaing dlspleya (paInted. reoectorized, printed, IlIl.Imlf,lated, or. otherwise). Including necoss:try ,uuctuma, device$. powsr pole3 Dl'ld eorinecUons. ' 2. The property herein 'I.mlnd Is'localed .bouL.B04eeill;e.;tl-E':'"*,, al ,T.lafiic. .Wa.y . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . on the ~S-~ of Roul<> ~oWest .Bir.imcl;\. . lar dlopl.y(S) la,'ngll/-e-4-W..od. .,....d property bE.lng part of tho i....o,.. Propo;,y ""Oled In !he Town'hlp 01 .. .. AmlO~.i>. .GRANDE . .. . . . , . . .. . . .. . . .. .. . . . .. . . ... countY ol-$.~ 1>1' T jlT~ 001 s:ro StaiB of . . . ~ . ~'. , . , CAL:tliORNiA.. . . . . . . . . . . , , . ~ . ~f Legal DaACr1ptlon I, required, He NWsrse aide heroo'.) . 3. Thetetm 01 Ihls leaal atlall commence on $-11 19.94-. and UI'lIe$8lBrmlriatod" oartler In the msnn&r I'IClrdil18fter set lorth. al'idlf COflIIr1ue for an lnltlBI term of tem y'9(1U'$ from the first day of the first month following erecUon of tne advertising d'~la~s) (hereinafter calltKI ''tt1e effecttve date"). and shelll e6nlinue Ihereafter, at UUI optll on of the '--ee. 'or B B8cond tel'ni 01 ten veara. und 'hetinl\er from year to year. on the Barna letma, until rvrmlnated Ba Of any aubaSqutmt 8nnlversa;y of the ""'Clive datu t;y wriften nl)llee of lerrninsllon given not 'ees tnan sbcty (isysi prfOf' '0 such anniversarY date by Clllh~r the LesBClr or Leaae" . " ". 4. In consideration of t~e forogolng ~nd the mutual ,:Jromlaes herein contalnod. and other good and valulble cO~BlderBUOn. tho L"',ee agreoa to pe)'thCl Lessor at lhe rale of $ea.c:ft=2aceper year for !luch perteda of lime a~ the dlsplay(s) contemplated hereunclor is(are) not In advarUAing position. end at the rate Of $ q?c;, I f'V'l e pM ye~ such perlo"a ot lime as the display(s) contemplated hereunder It(sre) In pOB~ion. $uGh yearly rental, Ie to be paid In advance (5ubjeetlO a 30 day dr'lay1or processing) witn sUpp1e",E1ntary adjustments to be made promptly ~hen the advertIsing BtaWI 01 U'ae dlsplay(a, Is Changed. When'loaaible. the P-Jyment dGte will De 9dJuated to coincide with an annlverlEllty Of the effective data. RGnt shall be deemed to haw blaen made on the date(s) 9ChedulBd unless Lft,or notlfhtSl LOISG9 ot non-~Ipt of poyment 5, ADDITIONAl. PAOVI';IONS. Tho provl~ona printed on the rf1llef!lB hereof lire Iwroby Incorporated h8~in by spec:lftc relerence thereto and constitute B p," Df 1111. sgraemont ' AREA SKETCH OF LEASED PREMISES NORTH Size ..:t2.X.2IL(2.:til,ces) Ft HAGL ............... ........ Ft. EOP ............. .... ........ Ft Power ....................... Ft Mileage Panel....... .. . .. . . . .. Mi. Location Staked . .lllxi~t.~ . Display Faci ng ...E,/.W........ GROUND RENTAL RATES 271-(J00362 271-oo362A $325.00 per 325.00 per annum annum ~ APPROVED: ~~'V ~ \ MARGAREr KLISH V. ~ ~Ow \o~ \ (p"n, .....0...J1....) ~"~~ J .~y: )t. '714 A/l1/L/l.,;;~::" .~ --.1./ ~~ r;'''~~' (Slgn.tur.) .\.~S.." 1<1." Wp,.1: Rnln,.,h Rt. Hwy ??7 a\ ~~~. (M.lllng Add,...) PANY. LESSE&'a{\Of' Arrovo Grande. San Luis Obisoo. Ca. (City. counly. $1010) 93420 M"<lR~l:lC! ..~ (Lessor ?none Number) LffLhZ - ~~ - ~ Po O_~ rr':J't InNllmNit.' (If applicable) By. VIACOM OUTDOOR ). ".. ~~M~Mr': s.R8\IlMr;td,Je, . 1.t . 1 ", ~". '6. In tho event of any 0."9. .f .owne~hIP .f th. p'opony h.,.by ,.._ Ill. Loss.r og"'.' 10 n.~fy ths LeosGa ",.mplfy .Of such chAnge. and trle Lf.lR9or also "grl6$ to give the new owner form"l WrlDer !!otice of the O.ll.I~nce of Ihis lease (lnd II) deliver a cop)' l1lereof to 8ueh ~.ow owner. 7. Unless speclOe"lty stated othE ('WIse herein. the L~r l'OPf(lOOftIS and warrant& that he Is eithei thll Owner or the AgElt'lt o' the: Ownsr 01 the proparty hertln demised, a"d that he hat': full authority to tnler 'nta Ihls lesse. The Lessor covAnantB end warrants that If the LO$see 9hall pay thB rental 89 tlereln proltlded end ahlln k~p . and fX)r10nn the other covenants h~Qin St31~. 1tle Lesa~ $1'1,,11 ~nd mtty. p~BcB8bly and QUj~t/y hRve, hold and enJoy the use of lhGl premises heroin dcml!;lad for tI'IO lE'rrn 01 this 1~!30. such use to include aCCCSG to thl: BIte over My IMd~ under the control of ttle It'l!l.cmr. 15592928434 PAGE 04 8. Neither the Laesar nor the l.CS!:ee- !lhall be bound by MY ~grE!p.menl or rep'l'oOC:"l'\lallon. exprS&84d or Implied. "at contained herein. this lease ~hall be deemed 10 hav!'l been accepted and Ita term& enforlie$ble only upq,~ the. accer?tllnce hereof bY the LE'.$$e8 In the space provld". Fonowlng such ~ccBptance, It ,heR Inure to tho benofi~ 01 ~d be bInding upon the pat1i9$ t erela and to tnolr-r~!!:~vh tenanls. helta, SlJce~'J018. pClrtQnal repreaentatives, executors. Ildmlnlatfators. ltOO BBslgM. . \ 9. II at any time the I'llghwli!.V view ofthQ LP.,s,.ee'g ,dls'plE!y8. is ObSl1ucled or obsc.ured. or the advertising vallJe of ihe displays lalmpalred or dlmlnlanocl. or ft\e ulIe or lnsblflatiOn of such displays Is prev~nt.gd Ot restrll;;. by law or.by tile \.e~'s lnabllity.to ob1ain any neceau.ry perrnlt&.or IlcenB88. or If the 4'epee is unabllJ, rOf "nv period of ninety (eo) conseeudve days or ff1ol"O. to ~cure and maintain a sullable advertising eonlreet for the die:plays, or If the,e occura a diVarslon of traffic from. or a change in tho diractlon 01 tratllc on hlghwf YS lo~dlng peSI the lessee'~ CllsplR)'S. tI1!! Lessee may. $.lillt.'l opllon. tormlnate thl!l,lease by givitlg IhCl Les,or ~IUIM (15) days written notice, and thG l.E>$Sor agree9 to rtlunO to'lhe Leasee IM'ront p~tlusry paid for the Uf10xplred portion of thIs lee,e. tt any of the conditIons described in \hit ~'agraJ)h $l1a~t fl' tiny tlmp. temporarily ilXi ~t;lh~n tl'ie Lessee ",'ay, a, 11$ dption, inataad o~ tern'llnlldng this lease. be e'nttued tt? sri abatement or rent pavable hereunder during 'he peri~ such cohdhfona or eny rsl 'ham ulst, end (Q 1hE'l relund 01 any rant paid in advfl'nce ~r the p9t'lod 0' Suc~ ab~ment. , ,,' 1q. All atructures. displays and Itl'ltoriBls pla~d upon tJ'l1!l said property by Ihe Leasee lire Le~8EH1'a 'rado fixtures: and eqvlpment, ~nd MAll be And remaln the lessee', pro"'"-V, ~lnd may be removed by 1M lessee at any time prior '10 or withIn a reaSOneble Ume after Ihetefminatlon olthl, lesss or any exlonolon th.reof. The Lessor , agrees 10 allow Iheleiaee fuit BccGt.1O 1ho! property occupl~ by the displays for !hi pu"tt)O${\ 01 P.l'ecnng. m4lntalnlflg. changing or'remoViNg the displllYS i1t any limO, ,a ' 11. Thflle9sor agreP., Ratto erect or perml,' .ny othSr petty 10 JJleC1.any Ildvenlslng dlaplay-s or other Bdverflsing matter on any property owned or CO!1lrolled bylha Les!UJrwlthin 8 radlul or six hundred (SOO) leot bf Le~aae'a displa.yS. nor to permIt any other obatrllctlon to pertiaUy or completely ob5Cl,lre the normal hlghwty view 01 said dIsplays. and tho LQsee 1$ hp.reby authorib)d, to remove any S\lch other advf.lrthllng display or olher obstruction at Ita OPtion. " 12. The lessee agi'G1$ to ""lve tilt) Les&Of t1~rmle88 from a~y and '0,11 claims or demands on account o~ bodily InJury or phY8~Qf pJ'OlHlrl)' ck~ge. caused by or .f',"uhlng from any nogtlgenl or wUlful act 01 tho Les<Je4il's agents or emPlOyees: I" th" conatructlan, maintenance. rspalr. change Or rorftOlltll,OI the LeaB88'a,diaplaYI 0Il1he property. and agrees 10 carry. at Its own CO It Md expense. aCElQul\te public IIRblllty InsursnCe CO\f9rln; any ~uch contingency ao long as thl!f leaae shall remain 1'1 efjec:l. The lassor a~rCKIB 10 sa\lO the Le~ea harm' 8$$ Irom any and till elalm~ or demands on aC'CClunt of bOdily InJuf)' or physical propQrtydtuqage Q31u!ted by or resorting ~orn I,Iny nSlJllgent or willfuf :Jef ot 1he lamr,' , .',' " , , .. off .,. ... 'It fi '* '* * * YO ..' ... * * ~. '* * .. ... if * * .. * If '.,. .,. '* w .. '" .. * * * LEGAL OeSCRIPTlON OF lEASED PREMII;I!S (10' "",ordln9 pu"'....), 8: ";: . . . w . . . . . w . * . . . . * * * * * . . . * * * * . * * . . * . Slate of County Of I "'.. ) ;, 001111, . dl;\yot 19_. bOfOr. me. ~ undersigned oDicer, perllonany apP<<I"KI known 10 mo (ar 8ellafB~r1ly PrOven) to be the pol'flon whose name Is au lBCribed to \h", above In!l1Nment, and being infOrmed 01 the conten~ of said inatrumanl, ecknowledgerj rhflf he or llhBvoluntsrlly exeCUUlClltlo S<1me 'or lhf:! u!W)!lllnd purpa:.es horein eont:alned, lrt;witnUS wt'lefeol. I have hereunto Bet my hand and olllcla! 1'881. lSlSI"3lUrtt 01 Officer> ,EXISTING STRUCTURE LEASe, L,SSOR WARRANTS THAT SINCE , 19 _____ OR EARUER. THIS LOCATION HAS BEL" OCCUPIED IlY THE EXISTlNG SIGN STRUCTURE. WHICH STRUCTUFE HAS NOW aECOME LESSOR'S OWN PROPERTY. AND LESSOR HERESY ASSIGNS TO LESSEE ALL OF LESSOR'S RIGHTS TO SUCH STRUCTU~E. (title 01 O1IIeol) My Commlasion Expirt".$ lS_ I LllSSOR'S I SIGNATURE , . ., !I . .'J,," . , . , \ ,! " ~, ~ :~! . , " ~(dA SITE: B ) BOO tNCH MAl ----''''' r SUII\lE:y Co ' <L~(I1B 04) I - - (CITY OF All \.\" ,~,--r--~~ ' \ ~ \ ~~ ~~- \ ()~' ,\~\ 1c,,-:1C~ \ ' \ \ If- II , ' \ '.~..,' ' ~"'\ '. So"T!' .~ ~ \ , E...,.I- 'Do""J . """ LJ-.r.- ___ -- \ :-\ \ \\'1,'3 ""'J,~''''~S~. \ ~ \ "".tl\ '\ \ '- V---'" , l' . 1".,00 0,( (%. j " """ '~, \ ~ \ ' ""',,,,' ~---' , \ '? '.., \ \'",\ ' \ ,\, ~'''2' \, '.' , ' \ ""\~\'" \ · \;O'f '~"_ ' t";J-\---\ '\ I.llG g. ~. Ice. \, \ I~ r--..~_ ' . 1; F17 ~q~ .-.,,;;11...... ;. --"2-. \ , ~1#V"':-PO"o, \ %00 ~ ~-1tl_ ' ~ ~~ ~ \ --- '<:if. --~m 1 \ \ \ \ , \ " \ \ -\09--- \ ~ Ii' -:~~"- ~,\_ ~~16r1~ \' '6',,~ .-17"'''=-''''''''''''',. . i .~'ffl";~ ~ ~,;.o~'f> . '. . 'It'-''G / ~ci.l' '.,'"-- '>J ,- '(~I-----:>. -. i. ........., _ , 7~~~';~'~-f~~~Wg:h"^t- ':Dii:J;;L>t{O"\i.bO-.l"~ 'on ~"', ' , :::-~~::-- - .,. -- "-P,CIc'!Poo ~flV, F1" C't r""J \ ~...o '- --,,-<---,"~~\;.:;:..,::::-:~~. .; r \ '-'--'. ~ f;,' '.,1,' , ; 16.48.110 sion in order to secure valid building per- mites). C. In addition to complying with all de- velopment standards for the zoning district in which a mobile or manufactured dwelling unit is to.:be located, each mobile or manufactured dwelling unit fabricated off-site and installed on a parcel shall incorporate all of the follow- ing:design features: 1. A roof constructed of asphalt composi- tion, shingle, tile, crushed rock, or similar roofmg material (except metal) similar in charactrr and appearance to other dwellings in the area; 2. Exterior siding of brick, wood, stucco, plaster, concrete, or other material which is fInished in a nonglossy and nonreflective manner similar in character and appearance to other dwellings in the area; 3;- A predominant shape and form that is compatible with the surrounding neighbor- hood; 4. If an enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of . the garage shall be compatible with the main dwelling; 5. Formaldehyde-based or asbestos insu- lation shall not be permitted. D. The planning director shall determine if the placement of the mobile or manufactured home is compatible with the immediate area in which it is being placed in accordarice with subsection C of this section. (Prior code ~ 9- 10.090) 16.48.110 Nonconforming uses, structures and lots. A. Purpose. This section is intended to limit the number and extent of nonconforming uses (including signs) by regulating their enlargement, their reestablishment after aban- (Am>yo Gmnde Supp. No.9. 12-OS) ATTACHMENT 2 {- donment, and their alteration or restoration after destruction of the structures they occupy. In addition, this section is intended to limit the number and extent of nonconforming struc-. tures by prohibiting their being moved; altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this code. This sectioIl also is intended to limit the circum- stances under which a nonconforming lot may be reduced in size. B. Nonconforming Uses. 1. Right to Continue a Nonconforming Use. A use lawfully occupying a structure or a site, that does not conform with the use regu- lations and site area regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided by this section. Continuation of a nonconforming use may inClude a change of OWnership, tenancy or management if the building, structure,. land use or activity is substantially unchanged. 2. Nonconformity Due to Lack of Enti- tlement. Any use established at a time when permits or other entitlements were not re- quired and is nonconforming only because of the absence of an entitlement shall not be modifIed, altered or expanded to occupy a greater land area without fITst securing ap- proval of the required entitlement (i.e., condi- tional use permit). The use shall be deemed a conforming use upon securing the approval of such entitlement. 3. ModifIcation or Expansion of Non con- . forming Uses. a. A nonconforming use shall not be enlarged or extended in such a way as to oc- cupy any.part of the structure or site, or any ___u__ - other structure of site that it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use ( \. 568 occupying a structure or site, except as per- mitted in this section, unless a conditional use permit request is reviewed and approved by the planning commission, pursuant to Section 16.16.050 of this title and if determined nec- essary by city council, a term of amortization or abatement is approved. b. Single-Family Residences. i. A detached single-family residence existing as a nonconforming use in commer- cial or industrial zoning districts may be con- tinued as a residential use, subject to subsec- tion (B)( 4) of this section, and may be altered; provided that no increase in the number of dwelling units or increase greater than fifty (50) percent in the usable floor area, as it .ex- isted on the effective date of this title, occurs. ii. A detached single-family residence existing as a nonconforming use in a multiple- family zoning district may be continued as a single family residential use and may be al- tered or rebuilt; provided, that the setbacks of the district in which it is located are met c. Signs. Signs existing prior to February 13, 1987 that do not comply with the provi- sions in this chapter shaH be regarded as non- confonning signs and the foHowingprovisions apply i. Historical Signs. Upon written request . by a sign owner, the city council may deter- mine that a sign is historical based on the fol- lowing [mdings: (A) The sign is more than forty (40) years old or represents an important period in the city's history; (B) The design of the sign is unique be- cause its shape, colors, materials, or other as- pects of sign design are indicative of the his- torical period within which it was constructed; or (C) The design of the sign is unique be- cause it is integrated into the design of an hisc 16.48.110 torical building and removal of the sign would jeopardize the historical integrity of the build- ing. Billboards may not be' considered for his- torical sign classification. Historical .signs may be maintained, reconstructed, modified or expanded consistent with the historical nature of the sign. tbrough the administrative sign permit process.. New .signs :proposed on the property. shaH comply with.this title and shaH be complementary to the historical sign. , ii. Signs not qualifying for historical status shaH be permitted to remain until such time as: (A) There is a change in the use._o.t:..th~. propertyonwhichthe sign is located and dis- cretionaryapprovalfor the :change of use is required; (B) There are alterations or enlargements to the site or building on the property in excess of twenty-five (25) percent or more of the ex- isting site or building. The amount of alter a- , tions shaH be cumulative over time; or (C) Expansion, movement or modification ofthe sign. A change of copy ornormal main- tenance and repair does not constitute grounds for modification of a nonconforming sign. iii. Any business with a nonconforming sign shall not be entitled to any additional signs unless the nonconforming sign is made to comply with the provisions of this chapter. TIlls subdivision shall not apply if the existing nonconforming sign is located withiri the same commercial complex but at a different business location. or if the existing noncoiI- fonning sign is not owned or controlled by the sign permit application or if the applicant is not the agent of the business that owns or con- trols .the existing rionconforming sign.~. "..___ ..' 4. Discontinuation of Nonconforming Use. 569 (ADoya Grande Supp. No.9, 12.(5) i 16.48.110 , a. Whenever a nonconforming use, other than a sign, has been changed to a conforming use or has been discontinued for a continuous period of one hundred eighty (180) days or more, the nonconforming use shall not be re- established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is lo- cated. Discontinuation shall include termina- tion of a use regardless of intent to reswne the use.' b. Whenever a nonconforming sign is lo- cated on property that becomes vacant and is unoccupied for a period of three months or longer, it shall be determined to be aban- doned. Abandoned signs shall be removed. C: Nonconforming Structures. I.' Prior Building Permits. Nothing con- tained in this title shali be deemed to require any 'change in the plans, construction, or des- ignated use of any building for which a build- ing permit has been issued prior to the effec- tive date of this title; provided, that the permit does not lapse. 2. Continuation and Maintenance. A structure, lawfully occupying a site, that does not conform with the standards for front yard, side yards, rear yard, height, coverage, dis- tances between structures, and parking faeili- ties for the district in which the structure is located, shall be deemed to be a nonconform- ing structure and may be used and maintained, except as otherwise provided by this section. Routine maintenance and repairs may be per- formed on a nonconforming structure. 3. Alterations and Enlargements of Non- conforming Structures. A nonconforming structure shall not be altered or reconstructed so as to increase the discrepancy between ex-" isting conditions and the standards for front yard, side yards, rear yard, height of struc- tures, distances between structures; and park- (Arroyo Grmde Supp. No.9. 12..(5) /~c. ing facilities as prescribed in the regulations for the district in which the structure is lo- cated. 4. Restoration of a Damaged Structure. a. Whenever a structure that constitutes a nonconforming land use, while being used as a single-family residence, is destroyed by fire or other calamity, by act of God, or by the public enemy, the structure may be restored and the nonconforming use may be resumed; provided, that restoration is started within one year and diligently pursued to completion; and provided further, that the restored structured does not exceed the square footage of the original structure. b. Whenever any other nonconforming structure or other structure that constitutes a nonconforming land use is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of fifty (50) per- cent ofless of the cost of replacing the entire structure, the structure may be restored, and the nonconforming use may be reswned; pro~ vided, that restoration is started within one year and diligently pursued to completion; and provided further that the restored structure does not exceed the square footage of the original structure. c. When the destruction of any structure, except a single-family residence, exceeds fifty (50) percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located and the nonconforming use ' shall not be resumed. d. When a residential structure is volun- tarily razed or is required by law to be razed, the structure. shall not be restored except in _ ...... full conformity with the regulations for the zone in which it is located and the noncon- forming use shall not be reswned. 570 ( \.,:.. ( D. Nonconforming Lots. 1. A nonconforming lot may be used for any use identified as an allowable or condi- tional use by this title, provided the minimum development standards established in this title for particular uses are satisfied. . 2. Reductions in the size of existing non- conforming lots shall only be allowed with variances and lot line adjustments to increase the size of an adjacent nonconforming lot to allow its size or dimensions to be brought closer to conformity with the provisions of this title. Under no circumstances shall lots conforming to minimum lot sizes be reduced in size to a nonconforming status. (Ord. 573 Exh. A (part), 2005; prior code ~ 9-10.100) 16.48.120 Performance standards. A. Purpose and Intent. The performance standards outlined in this chapter are intended to explicitly describe the location, configura- tion, design, amenities, operation, and other standards for proposed development pr?jects that may impact the surrounding neighbor- hood. The performance standards set maxi- mum tolerability limits on adverse environ- mental effects created by any use or develop- ment of land. When successfully achieved, development ofthese uses will be harmonious with the neighborhood's desirable character, consistent with the goals, objectives and poli- cies of the general plan. B. Applicability. Unless otherwise speci- fied, the performance standards contained within this section are intended to be applied to all applicable land uses within the city in addition to the standards of the district within which the use is located, the provisions of this Chapter and Chapter 16.52 (Specific Use De-. velopment Standards). The following sources of nuisances are ex- empt from the provisions of this section. 570-1 16.48.120 I. Emergency equipment, vehicles, de- vices and activities; 2. Temporary construction, maintenance or demolition activities between the hours of seven a.m. and seven p.m. C. Air Quality. No operation or activity shall cause .the . emission of .anysmoke, fly ash, dust, fumes, vapors, gases or other forms of air pollution which can. 'cause' material damage to health,. animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emis- sion shall be permitted which exceeds the re- quirements of the San Luis Obispo County Air Pollution Control District or the requirements. of any air quality plan adopted by the city. No use, operation or activity .shall cause or con- tribute to the violation of any state or federal ambient air quality standards. D. Electrical or. Electronic Interference. No operation or. activity shall cause any' source of electrical or electronic disturbance. that adversely affects persons or the operation of any equipment on any other lot and is not in conformance with the regulations of the Federal Communication Commission. E. Fire and Explosive Hazards. An opera- tion or activity involving the storage of flam- mable or explosive materials shall be provided with adequate safety devices against the haz- ard of fire and explosion and adequate fire- fighting and fire suppression equipment and devices in accordance with the requirements of the Uniform Fire Code and the 'Arroyo Grande fire department. Burning of waste ma- terials in an open fire is prohibited at any point. F. Glare. No direct or reflected glare, whether produced by,floodlight, highJe~c.._. perature processes such as combustion or welding, or other processes, so as to be visible from any boundary line of property on which (Arroyo Gnmde Supp. No.9. 12-05) ~