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Agenda Packet 2000-12-12 CITY COUNCIL B"&p/ AGENDA ~17~ Michael A. Lady Mayor Tony M. Ferrara Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Jim Dickens Council Member Timothy J. Carmel City Attorney Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services NOTICE OF CITY COUNCIL SPECIAL MEETING Tuesday DECEMBER 12, 2000 6:30 P.M. Arroyo Grande City Council Chambers 21 5 East Branch Street, Arroyo Grande AGENDA 1. ROLL CALL 2. PUBLIC COMMENT on Special Meeting Agenda Items. Members of the public wishing to address the Council on any item described in this Notice may do so when recognized by the Presiding Officer. 3. CITY COUNCIL CLOSED SESSION: a. CONTRACT PUBLIC EMPLOYEE PERFORMANCE EV ALUA TION pursuant to Government Code Section 54957: Title: City Attorney 4. RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if any. 5. ADJOURNMENT. c:closedsession.agenda.121200. 1 CITY COUNCIL &"&if AGENDA ~9'~ Michael A. Lady Mayor Tony M. Ferrara Mayor Pro Tem Steven Adams City Manager Thomas A. Runels Council Member Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore Director, Administrative Services Sandy Lubin Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, DECEMBER 12, 2000 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: CUB SCOUT, WEBOLOS, DEN 9, PACK 13 4. INVOCATION: PASTOR PAUL JONES 5. SPECIAL PRESENTATIONS: None. 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. -._-- AGENDA SUMMARY - DECEMBER 12, 2000 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication; however, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: . You may be directed to staff for assistance; . A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; . The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or . No action is required or taken. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion ,or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements for the period November 16, 2000 through November 30, 2000. 8.b. Statement of Investment Deposits (SNODGRASS) Recommended Action: Receive and file the report of current investment deposits as of November 30, 2000. 8.c. Annual Financial Report - Fiscal Year 1999-00 Receipt and Use of Water and Sewer Development Fees/Charges (SNODGRASS) Recommended Action: Accept and file the annual report of the receipt and use of water and sewer development fees and charges in compliance with Government Code Section 66013. 8.d. Minutes of the Citv Council Meeting of November 28. 2000 and Soecial City Council Reorganization Meeting of December 4. 2000 (WETMORE) Recommended Action: Approve minutes as submitted. 8.e. Reiection of Claim Against City - V. Moon (WETMORE) Recommended Action: Reject claim. 8.f. Cancellation of December 26.2000 City Council Meeting (ADAMS) Recommended Action: Cancel the regularly scheduled Council meeting of December 26th. .-.--- AGENDA SUMMARY - DECEMBER 12, 2000 PAGE 3 8. CONSENT AGENDA: (continued) 8.g. Appointment to Planning Commission (ADAMS) Recommended Action: Approve Mayor Lady's recommendation to appoint Jim Guthrie to the Planning Commission, replacing Nanci Parker. 8.h. Adoption of an Ordinance Amending Chapter 3. Title 10 of the Arroyo Grande Municipal Code - Community Tree Proaram (HERNANDEZ) Recommended Action: Adopt Ordinance amending Chapter 3, Title 10, of the Arroyo Grande Municipal Code - Community Tree Program. 8.i. Fair Oaks AvenuelTally Ho Road Overlay Project. Project No. PW-2000-3. Proaress Payment No.4. (SPAGNOLO) Recommended Action: Authorize Progress Payment NO.4 in the amount of $269,548.56 to R. Burke Corporation for the Fair Oaks AvenuelTally Ho Road Overlay capital improvement project. 8.j. Award of Contract for the Fair Oaks AvenueNalley Road Traffic Signal. Proiect No. PW-2000-7.(SPAGNOLO) Recommended Action: 1) Award contract for the Fair Oaks AvenueNalley Road Traffic Signal project to Lee Wilson in the amount of $108,652.50; 2) Authorize the City Manager to approve change orders not to exceed a contingency amount of $10,865 for use only if needed for unanticipated costs during the construction phase of the project; 3) Direct staff to issue the Notice of Award and Notice to Proceed; and 4) Appropriate $12,112 from the Traffic Signalization Fund. 8.k. Disadvantaaed Enterprises Program CDBE) for FFY 2000/01 (SPAGNOLO) Recommended Action: Approve the submittal of the City's FFY 2000/01 DBE Program with "established" overall annual DBE goals to Caltrans. 8.1. Reclassification of Office Assistant II to Building Permit Technician (TerBORCH) Recommended Action: Adopt Resolution reclassifying the Office Assistant II assigned to the Division of Building and Life Safety to Building Permit Technician. 9. PUBLIC HEARINGS: 9.a. Proposed Ordinance Establishina Maximum Building Size for Commercial Uses (McCANTS) Recommended Action: Introduce Ordinance amending portions of Title 9 of the Arroyo Grande Municipal Code establishing maximum building size for commercial uses. __H. AGENDA SUMMARY - DECEMBER 12, 2000 PAGE 4 9. PUBLIC HEARINGS: (continued) 9.b. Public Hearing Concerning Use of Federal 2000 Local Law Enforcement Block Grant Funds (TerBORCH) Recommended Action: Approve expenditure of $13,691 as authorized by the Federal 2000 Local Law Enforcement Block Grant (LLEBG) Program. 9.c. Approval of the Draft Urban Water Manaqement Plan Update (SPAGNOLO) Recommended Action: Adopt Resolution approving the draft Urban Water Management Plan Update. 10. CONTINUED BUSINESS: 10.a. East Grand Avenue Master Plan Public Participation Format (ADAMS) Recommended Action: Provide staff direction and feedback on the proposed agenda format for the East Grand Avenue Master Plan public workshop and process. . 11. NEW BUSINESS: 11.a. Appointment of Council Members to Various Boards, Commissions. and Committees (ADAMS) Recommended Action: Make appointments to those Boards, Commissions, and Committees with Council representation. 11.b. Process for City Council to Appeal Planning Commission Decisions Pursuant to Section 1-4.05 of the Municipal Code (McCANTS) Recommended Action: Direct staff to implement the appeal process pursuant to Section 1-4.05, et. seq., of the Municipal Code. 11.c. Proposed Contract with County of San Luis Obispo for Automation Support (ADAMS) Recommended Action: Approve Agreement with the County of San Luis Obispo for automation support. 12. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 13. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 14. ADJOURNMENT ~_.._-_._- ---. ----_._~_._._. AGENDA SUMMARY - DECEMBER 12, 2000 PAGE 5 * * * * * * * Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you have questions regarding any agenda item, please contact the Director of Administrative Services at (805) 473- 5414. * * * * * * * In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * * * * * * * Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805) 473-5414 for more information. www.arrovoQrande.orQ I I I I CITY OF ARROYO GRANDE - ABBREVIATIONS revised 08104/00 A Agricultural Preserve AB Assembly Bill LAFCO Local Agency Formation Commission ADA Americans with Disabilities Act LOCC League of Califomla Cities AG General Agriculture LLA Lot Line Adjustment AGMC Arroyo Grande Municipal Code LUE Land Use Element AGPOA Arroyo Grande Police Officers' Association MER Lot Merger APN Assessor's Parcel Number MF CondominiumITownhouse APCB Air Pollution Control Board MFA Apartments APCD Air Pollution Control District MHP Mobile Home Parks ARC Architectural Review Committee 0 Office Professional ASCE American Society Civil Engineers OCSD Oceano Community Services DiStrict ASD Administrative Services Department OSCE Open Space and Conservation Element AWNA American Water Works Association PC Planning Commission BD Building Division PD Police Department CA City Attomey PF Public/Quasi Public CC City Council PPR Plot Plan Review CCC Califomia Conservation Corps PRD Parks & Recreation Department CCCSIF Central Coast Cities Self-Insurance Fund PRE-APP Pre-application CD Community Development PSHHC Peoples' Self-Help Housing Corp. CDBG Community Development Block Grant PSP Planned Sign Program CE Circulation Element PUD Planned Unit Development CEC Califomia Energy Commission PW Public Works Department CECA Califomia Environmental Quality Act RDA Redevelopment Agency CIP Capital Improvement Program RE Residential Estate CIWMP Califomia Integrated Waste Management Plan RFP Request for Proposals CM City Manager's Office RFQ Request for Qualifications CMC Califomia Men's Colony RH Hillside Residential CMP Congestion Management Plan RHNP Regional Housing Needs Plan COC Certificate of Compliance RR Rural Residential CPI Consumer Price Index RS Suburban Residential CUP Conditional Use Permit RTA Reversion to Acreage DARE Drug Abuse Resistance Education RWQCB Regional Water Quality Control Board DC Development Code SAC Staff Advisory Committee CEA Drug Enforcement Administration SB Senate Bill E.C. Election Code SCAT South County Area Transit EDD Economi.c Development Department SEIU Service Employees Intemational Union EDU Equivalent Dwelling Unit SF Single Family EIR Environmental Impact Report SLO San Luis Obispo EIS Environmental Impact Statement SLOCOG San Luis Obispo Council of Govemments EOC Economic Opportunity Commission SLOHA San Luis Obispo Housing Authority EVC Economic Vitality Corporation SLONTF San Luis Obispo Narcotics Task Force FAU Federal Aid Urban SLORT A San Luis Obispo Regional Transit Authority FD Fire Division SLOWRAC San Luis Obispo County Water Resources Advisory FDAA Federal Disaster Assistance Administration Committee FEMA Federal Emergency Management Agency SR Senior Housing FID Financial Services Department SSLOCOWA South San Luis Obispo County Water Association FPPC Fair Politi~1 Practices Commission SSLOCSD South San Luis Obispo County Sanitation District FTA Federal Transit Administration SRRE Source Reduction & Recycling Element FY Fiscal Year SWRCD State Water Resources Control Board G.C. Govemment Code TPM Tentative Parcel Map GC General Commercial TT Tentative Tract Map GF General Fund TTAC Transportation Technical Advisory Committee GP General Plan TUP Temporary Use Permit GPA General Plan Amendment UBC Uniform Building Code HCD Califomia Department of Housing and Community UFC Uniform Fire Code Development USA Underground Service Alert HOP Home Occupancy Permit VAR Variance HUD Housing and Urban Development Dept. VC Village Commercial I Industrial and Business Park VCB SLO County Visitors & Conference Bureau ISTEA Intermodal Surface Transportation VSR View Shed Review JPA Joint Powers Authority ZONE 3 San Luis Obispo County Flood Control and Water Conservation District - Zone 3 (Lopez Project) ~--_'-----------~-'~~---"-------_.. -- --------' --._~.._----- 8.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE~ BY: JANET M. HUWALDT, ACCOUNTING SUPERVISO~lt SUBJECT: CASH DISBURSEMENT RA TIFICA TION DA TE: DECEMBER 12, 2000 RECOMMENDA TION: It is recommended the City Council ratify the attached listing of cash disbursements for the period November 16 - November 30,2000. FUNDING: There is a $348,844.53 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 - Cash Disbursement Listing ATTACHMENT 2 - November 17, 2000 Accounts Payable Check Register ATTACHMENT 3 - November 17, 2000 Payroll Checks and Benefit Checks ATTACHMENT 4 - November 24,2000 Accounts Payable check Register ~ A IT ACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of November 16 Through November 30, 2000 December 12, 2000 Presented are the cash disbursements issued by the Department of Financial Services for the period November 16 to November 30, 2000. Shown are cash disbursements by week of occurrence and type of payment. WEBK...TYPE OF PAYMENT November 17, 2000 Accounts Payable Cks 98222-98284 2 64,525.32 Less Payroll Transfer included in Previous Attachment 3 (170.85) Payroll Checks and Benefit Checks 3 249,637.08 313,991.55 November 24, 2000 Accounts Payable Cks 98303-98391 4 223,484.76 Less Payroll Transfer included in Attachment 3 (188,631.78) 34,852.98 Two Week Total $ 348.844.53 _.._---~--- CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPECIAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Coundl 4550 - Park Development Fee 4002 - City Oerk Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Fund (Fund 271) 4131 - Community Building (CDBG) 4202 - State AB3229 Cops Grant 4140 - Management Information System 4203 - Federal COPS Hiring Grant 4145 - Non Departmental 4204 - Federal Loca1l..aw Enforcement Public Safety (Fund 010) 4201 - Police ENTERPRISE FUNDS 4211 - Fire Sewer Fund (Fund 612) 4212 - Building & Safety 4610 - Sewer Maintenance 4213 - Government Buildings Water Fund (Fund 640) Public Works (Fund 010) 4710 - Water Administration 4301 - Public Works-Admin & Engineering 4711 - Water Production 4303 - Street/Bridge Maintenance 4712 - Water Distribution 4304 - Street Lighting Lopez Administration (Fund 641) 4305 - Automotive Shop 4750 - Lopez Administration Parks & Recreation (Fund 010) 4420 - Parks CAPITAL IMPROVEMENT PROGRAMS 4421 - Recreation 5501-5599 - Park Projects 4422 - General Recreation 5601-5699 - Streets Projects 4423 - Pre-School Program 5701-5799 - Drainage Projects 4424 - Recreation-Special Programs 5801-5899 - Water/Sewer/Street Projects 4425 - Children in Motion 5901-5999 - Water Projects 4430 - Soto Sport Complex 4460 - Parkway Maintenance Dept. Index for Council ATTACHMENT 2 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 11/14/00 16:52 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 317 11/08/00 098800 VISION SERVICE PLAN VSP ADJ-11/00 011.0000.2119 61.29 61.29 318 11/08/00 098325J COLONIAL LIFE/ACCIDENT PRIV.DISAB-11/00 011.0000.2112 109,56 109.56 319 11/13/00 101606 ALLAN HANCOCK COLLEGE REGIS-HAZMAT REFRESH-8 PEOPLE 220.4303.5501 132.00 132.00 320 11/13/00 054482 MAINTENANCE SUPERINTEND MSA TRAINING-8 PEOPLE 220.4303.5501 120.00 120.00 98222 11/17/00 000234 A & R WELDING SUPPLY OXY & ACET GASSES 010.4305.5303 14.00 14 .00 98223 11/17/00 000468 A T & T-L/DIST SVC. MIS L/DIST PHONE 010.4140.5303 154.44 154.44 98224 11/17/00 002964 AMERICAN ECONOMIC DEV.C AEDC MEMBERSHIP-SHEELEY 284.4103.5503 305.00 305.00 98225 11/17/00 100897 AMERICAN TEMPS RHINEHART SVCS-11/14/00 220.4303.5303 703.20 703.20 98226 11/17/00 008346 BACKYARD IMPROVEMENT CE CHAIN LINK GATE PARTS 220.4303.5613 18.93 18.93 98227 11/17/00 009750 BRENDA BARROW FILM DEV-HALLOWEEN/TURKEY TROT 010.4424.5252 14.02 14.02 98228 11/17/00 010296 BEACH FRONT AUTO SERVIC P-5 SMOG CHECK 010.4430.5601 28.75 98228 11/17/00 010296 BEACH FRONT AUTO SERVIC P-20 SMOG CHECK 010.4420.5601 28.75 98228 11/17/00 010296 BEACH FRONT AUTO SERVIC REPR.BATTERY CHARGE PROBLEM 612.4610.5601 66.00 123.50 98229 11/17/00 012754 BREZDEN PEST CONTROL QTLY PEST CONTROL-ELM ST 010.4213.5303 98.00 98.00 98230 11/17/00 100877 CYNTHIA BRODERSEN REF.PARK DEPOSIT-BRODERSEN 010.0000.4354 25.00 98230 11/17/00 100877 CYNTHIA BRODERSEN LATE CANCELLATION FEE-BRODERSE 010.0000.4354 5.00- 20.00 98231 11/17/00 101431 BURDINE PRINTING PROFILE BROCHURE PRINTED 284.4103.5505 565.34 565.34 98232 11/17/00 018486 CA.ST. DEPT OF PESTICID RENEWAL-CERT.APP-JOHNSON 010.4421. 5503 30.00 30.00 98233 11/17/00 101804 LARRY CABAONG REIMB.SHIRT-SUMMER S/BALL AWAR 010.4424,5257 18.40 18.40 98234 11/17/00 016146 CALIF.HWY PRODUCTS & SI EPOXY A & B/2 WAY REFLECTORS 220.4303.5613 475.82 98234 11/17/00 016146 CALIF.HWY PRODUCTS & SI CURB PAINT/REFLECTORS 220.4303.5613 166.47 642.29 98235 11/17/00 022632 CHAPARRAL COPY MAINT/USEAGE 010.4421.5303 120.37 120.37 98236 11/17/00 102093 CIO SOLUTIONS MIS TECHNICAL NETWORK SUPPORT 010.4140.5303 2,611.25 2,611.25 98237 11/17/00 023442 CITY CLERKS ASSN.OF CAL CITY CLERKS ASSOC.DUES 010.4002,5503 150.00 150.00 98238 11/17/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 69.75 98238 11/17/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 65.50 135.25 98239 11/17/00 025428 CONSOLIDATED ELECTRICAL CR:100 LITE BULBS 010.4420.5605 150.15- 98239 11/17/00 025428 CONSOLIDATED ELECTRICAL HOLIDAY LITE BULBS 010.4420.5605 212.36 62.21 98240 11/17/00 100795 CPRS DISTRICT VIII EXCELLENCE AWARD-C.P.R.S 010.4421.5503 70.00 70.00 ---- .__._._._---~._- -_....--._.._-_._~--- -------..---..- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 11/14/00 16:52 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 98241 11/17/00 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5301 15.00 15.00 98242 11/17/00 027534 D.G.REPAIR LUBE/OIL/FILTERS 010.4420.5603 149.21 149,21 98243 11/17/00 101702 DELL MARKETING L.P. 3 PD/1 CM COMPUTER W/STATIONS 010.4140.6101 5,988.84 98243 11/17/00 101702 DELL MARKETING L.P. 2 COMPUTER WORKSTATIONS-PD 010.4140.6101 3,423.45 9,412.29 98244 11/17/00 100691 FIVE CITIES-TIMES LEGAL 879456 010.4002.5301 30.00 30.00 98245 11/17/00 102092 JAMIE FRANCISCO REF.C/B-DEPOSIT-FRANCISCO 010.0000.2206 250.00 250.00 98246 11/17/00 100523 GEO SOURCE INC. TESTING SVCS-FAIR OAKS/VALLEY 350.5630.7401 835.00 98246 11/17/00 100523 GEO SOURCE INC. TESTING SVCS-FAIR OAKS/VALLEY 350.5630.7401 580.00 1,415.00 98247 11/17/00 102096 ARTHUR , GRIFFIN,M.D. INC PRE-EMPLOY. PHYSICAL-PRUITT 010.4301.5315 237.00 237.00 98248 11/17/00 100583 NANCY HAGLUND REIMB.STYLE GUIDE-HAGLUND 010.4211.5201 53.59 98248 n/17/00 100583 NANCY HAGLUND PARKING FEE-HAGLUND 010.4211.5501 3.00 56.59 98249 11/17/00 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 101. 02 101. 02 98250 11/17/00 102087 JOE HURTADO REF.PARK DEPOSIT-HURTADO 010.0000.4354 25.00 25.00 98251 11/17/00 046176 J J'S FOOD COMPANY GROCERIES/STATION SUPPLIES 010.4211.5255 20.97 20.97 98252 11/17/00 046956 JOBS AVAILABLE INC. CLASSIFIED AD-PW ENG. 010.4301. 5301 206.25 206.25 98253 11/17/00 047112 CURTIS JOHNSON DMV PHYSICAL-CURTIS JOHNSON 010.4421. 5315 50.40 50.40 98254 11/17/00 101604 BARBIE JONES SNACK SUPPLIES REIMB-JONES 010.4425.5259 71. 67 98254 11/17/00 101604 BARBIE JONES REIMB.SUPPLIES-JONES 010.4425.5255 85.25 98254 11/17/00 101604 BARBIE JONES TRAVEL REIMB-JONES 010.4425.5303 11.36 168.28 98255 11/17/00 101652 J.J KELLER & ASSOCIATES SAFETY ANSWER BOOK UPDATE 220.4303,5501 118.49 118.49 98256 11/17/00 102091 KRISTIN MAYES REF. PARK DEPOSIT-MAYES 010.0000.4354 25.00 25.00 98257 11/17/00 102095 MERCY WEST SIDE HOSPITA PRE-EMPLOY PHYSICAL-PRUITT 010.4301. 5315 568.35 568.35 , 98258 11/17/00 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER 010.4420.5601 48.67 48.67 98260 11/17/00 057096 MINER'S ACE HARDWARE LOCK WASHERS/NUTS/BOLTS 640.4712.5603 1. 89 98260 11/17/00 057096 MINER'S ACE HARDWARE 9 V BATTERY 640.4712.5255 3.21 98260 11/17/00 057096 MINER'S ACE HARDWARE LAMP CLAMPS/BULBS 010.4424.5252 12.62 98260 11/17/00 057096 MINER'S ACE HARDWARE DELTA PART KIT 010.4213.5604 8.03- 98260 11/17/00 057096 MINER'S ACE HARDWARE SPRAY INSERT/IRON 010.4211.5605 3.73 98260 11/17/00 057096 MINER'S ACE HARDWARE NOZZLE/FLEX HOSE 010.4211.5603 37.19 98260 11/17/00 057096 MINER'S ACE HARDWARE SOAP 010.4211.5255 13.93 98260 11/17/00 057096 MINER'S ACE HARDWARE HEX NIPPLE/HEX BUSHING 010.4305.5603 9.71 98260 11/17/00 057096 MINER'S ACE HARDWARE SODIUM BULBS 010.4213.5604 128.65 98260 11/17/00 057096 MINER'S ACE HARDWARE GASKET MAKER 640.4712.5610 4.28 m "__' ~,_.____.._". -_.~.---_.-.__.--_._--~---- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 11/14/00 16:52 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 98260 11/17/00 057096 MINER'S ACE HARDWARE FLOAT HANDLE/GLOVES 220.4303.5255 40.17 98260 11/17/00 057096 MINER'S ACE HARDWARE WRENCH SET/MEASURE TAPE/BLADE 010.4420.5605 31. 81 98260 11/17/00 057096 MINER'S ACE HARDWARE EPOXY 640.4712.5610 32.16 98260 11/17/00 057096 MINER'S ACE HARDWARE PAINT/PAINT BRUSH/PIPE WRAP 640.4712.5273 9.10 98260 11/17/00 057096 MINER'S ACE HARDWARE PAINT/PAINT BRUSH/PIPE WRAP 640.4712.5610 25.07 98260 11/17/00 057096 MINER'S ACE HARDWARE PAINT/PAINT BRUSH/PIPE WRAP 640.4712.5604 2.12 98260 11/17/00 057096 MINER'S ACE HARDWARE WD 40 SPRAY LUBE 640.4712.5610 2.99 98260 11/17/00 057096 MINER'S ACE HARDWARE ELBOWS/PVC PIPE 010.4420.5605 3.90 98260 11/17/00 057096 MINER'S ACE HARDWARE BLADES/BATTERY/BULB 010.4420.5605 17.94 98260 11/17/00 057096 MINER'S ACE HARDWARE PAINT/SUPPLIES 220.4303.5613 33,68 98260 11/17/00 057096 MINER'S ACE HARDWARE KAMEN BAG 0 RAGS 010.4213.5604 7.49 413.61 98261 11/17/00 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4212.5201 4.17 98261 11/17/00 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 284.4103.5201 11. 35 98261 11/17/00 057174 MISSION OFFICE PLUS OFFICE SUPPLIES 010.4130.5201 15.34 98261 11/17/00 057174 MISSION OFFICE PLUS ADTL CREDIT O/CHARGE-OFFICE SP 010.4130.5201 .95- 29.91 98262 11/17/00 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4305.5143 82.52 82.52 98263 11/17/00 062712 ORCHARD SUPPLY HARDWARE SOCKETS/RACK/COMBO WRENCH 640.4712.5273 141.93 141. 93 98264 11/17/00 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 44.70 44.70 98265 11/17/00 102094 PHILIP SERVICES REMOVE HAZMAT DIESEL PAD 220.4303.5303 900.00 900.00 98266 11/17/00 068200 PMX OXY CYLINDERS/SPLINTS 010.4211. 5206 869.96 869.96 98267 11/17/00 067890 PRAXAIR DISTRIBUTION,IN OXYGEN 010.4211.5206 16.20 16.20 98268 11/17/00 102088 KAREN ROSS REF.PARK DEPOSIT-ROSS 010.0000.4354 25.00 25.00 98269 11/17/00 100200 RRM DESIGN GROUP PROF.SVCS-RG PARK PLAN 350.5512.7501 3,520.38 3,520.38 98270 11/17/00 075130 SAN LUIS OBISPO CNTY.NE CLASS AD-P.W.ENG 010.4301. 5301 152.15 152.15 98271 11/17/00 075660 SAN LUIS PAINTS FIELD MARKING PAINT 010.4430.5255 179.54 98271 11/17/00 075660 SAN LUIS PAINTS FIELD MARKING PAINT 010.4430.5255 179.54 359.08 98272 11/17/00 078156 SEBASTIAN OIL DISTRIB. DIESEL/GASOLINE 010.4211. 5608 156.45 156.45 98273 11/17/00 080886 SOUTHERN AUTO SUPPLY OIL/BREAK PARTS/WAX/SOLVENT 010.4211.5601 122.15 98273 11/17/00 080886 SOUTHERN AUTO SUPPLY MIRROR ADHESIVE/HAND CLEANER 010.4420.5605 5,28 127.43 98274 11/17/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145,5401 13.34 98274 11/17/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 72.55 98274 11/17/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 143.49 98274 11/17/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 38,17 98274 11/17/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 55.37 322,92 98275 11/17/00 102089 LINDA STANLEY REF.PARK DEPOSIT-STANLEY 010.0000.4354 25.00 25.00 -. ..--... ------ VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 11/14/00 16:52 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 98276 11/17/00 082328 STERLING COMMUNICATIONS R/R RADIO FOR WENDY'S VAN 010.4420.5601 200.00 200.00 98277 11/17/00 082836 STREATOR PIPE & SUPPLY PVC CEMENT 640.4712.5610 127.82 127.82 98278 11/17/00 084804 TEXAS REFINERY CORP. VARI PURPOSE OIL 010.4211.5608 358.90 358.90 98279 11/17/00 088424 URBAN FUTURES INC. URBAN FUTURES CONTRACT 284.4103.5303 1,200.00 98279 11/17/00 088424 URBAN FUTURES INC. ARROYO LINDA CROSS ROADS 284.0000.2458 150.00 1,350.00 98280 11/17/00 088842 VALLEY AUTO SERVICE 65 GAL.WASTE OIL DISPOSAL 010.4211.5303 25.00 98280 11/17/00 088842 VALLEY AUTO SERVICE DELCO BATTERY 010.4211. 5601 106.51 98280 11/17/00 088842 VALLEY AUTO SERVICE REPR.TIRE & STEMS 010.4211.5601 62.89 194.40 98281 11/17/00 102007 VERIZON WIRELESS CELL PHONE-FIRE CHIEF 010.4211.5403 20.07 98281 11/17/00 102007 VERIZON WIRELESS CELL PHONE-WATER/SEWER-OCT 612.4610.5403 197.97 218.04 98282 11/17/00 090246 JOHN WALLACE & ASSOC. CREEKSIDE PATH 350.5607.7301 912.00 98282 11/17/00 090246 JOHN WALLACE & ASSOC. BRIDGE STREET BRIDGE DECK REH 350.5608.7301 16.25 98282 11/17/00 090246 JOHN WALLACE & ASSOC. OAK PARK BLVD WIDENING 350.5609.7301 223.50 98282 11/17/00 090246 JOHN WALLACE & ASSOC. BRISCO/101 INTERCHANGE ALTS 350.5615.7301 276.25 98282 11/17/00 090246 JOHN WALLACE & ASSOC. EL CAMPO/101 INTERCHANGE ALTS 350.5616.7301 585.00 98282 11/17/00 090246 JOHN WALLACE & ASSOC. CENTRAL COAST TOWN CENTER 350.5617.7301 37.50 98282 11/17/00 090246 JOHN WALLACE & ASSOC. ROUTE 227 RELINQUISHMENT STUDY 350.5628.7701 16.25 98282 11/17/00 090246 JOHN WALLACE & ASSOC. FAIR OAKS RECON/VALLEY TO TRAF 350.5630.7301 3,442.50 98282 11/17/00 090246 JOHN WALLACE & ASSOC. TALLY HO RECON/227 TO LEPOINT 350.5631.7301 3,085.40 98282 11/17/00 090246 JOHN WALLACE & ASSOC. TALLY HO RECON/227 TO LEPOINT 350.5631.7502 504.40 98282 11/17/00 090246 JOHN WALLACE & ASSOC. TALLY HO RECON/227 TO LEPOINT 350.5631.7501 1,215.00 98282 11/17/00 090246 JOHN WALLACE & ASSOC. FAIR OAKS/VALLEY RD TRAFFIC 350.5636.7501 1,131.42 98282 11/17/00 090246 JOHN WALLACE & ASSOC. TRAFFIC LIGHT AT HALCYON 350.5637.7501 27.50 98282 11/17/00 090246 JOHN WALLACE & ASSOC. NEWSOM SPRINGS 350.5754.7701 37.50 98282 11/17/00 090246 JOHN WALLACE & ASSOC. GRAND RECON/PH3.ELM/OAK PARK 350.5812.7501 2,476.66 98282 11/17/00 090246 JOHN WALLACE & ASSOC. SEWER MASTER PLAN 350.5814.7701 1,010.09 98282 11/17/00 090246 JOHN WALLACE & ASSOC. RESERVOIR NO.1 DESIGN 350.5903.7501 644.29 98282 11/17/00 090246 JOHN WALLACE & ASSOC. GENERAL CONSULTING SERVICES 010.4301. 5303 17,233.49 32,875.00 98283 11/17/00 092586 LEE WILSON ELECTRIC COM SEPT SIGNAL MAINT 010.4304.5303 1,212.75 98283 11/17/00 092586 LEE WILSON ELECTRIC COM REPR.SIGNAL HEAD-JAMES/OAK PK 010.4304.5303 385.86 98283 11/17/00 092586 LEE WILSON ELECTRIC COM SERVICE CALL-HALCYON & GRAND 010.4304.5303 392.54 1,991.15 98284 11/17/00 094146 ZUMAR INDUSTRIES CAPS/CROSSES-STREET SIGNS 220.4303.5613 361.97 98284 11/17/00 094146 ZUMAR INDUSTRIES STREET SIGN NAME BLANKS 220.4303,5613 484.23 846.20 TOTAL CHECKS 64,525.32 "---..----------- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 11/14/00 16:52 VOUCHER/CHECK REGISTER FOR PERIOD 18 FUND TITLE AMOUNT 010 GENERAL FUND 37,125.12 011 PAYROLL CLEARING FUND 170.85 220 STREETS FUND 3,791.23 284 REDEVELOPMENT AGENCY FUND 2,231.69 350 CAPITAL IMPROVEMENT FUND 20,576.89 612 SEWER FUND 263.97 640 WATER FUND 365.57 TOTAL 64,525.32 --. - _.~------~ . --~ ATTACHMENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 10/27 TO 11/09/00 11/17/00 FUND 010 219,078.61 Salaries Full time 145,745.86 FUND 220 11,003.65 Salaries Part-Time 21,251.42 FUND 284 4,735.11 Salaries Over-Time 13,326.07 FUND 612 4,069.16 Holiday Pay 441.15 FUND 640 10,750.55 Sick Pay 8,100.82 249,637.08 Annual Leave Pay - Vacation Buyback 102.67 Vacation Pay 3,666.89 Comp Pay 3,267.34 Annual Leave Pay 1,157.64 PERS Retirement 14,545.30 Social Security 13,802.83 PARS Retirement 253.18 State Disability Ins. 470.67 Health Insurance 17,440.58 Dental Insurance 3,367.53 Vision Insurance 708.53 Life Insurance 535.50 Long Term Disability 720.90 Uniform Allowance - Car Allowance 400.00 Council Expense - Employee Assistance 232.20 Uniform Allowance - Motor Pay 100.00 Total: 249,637.08 -- .._-~",--~---------.- ATTACHMENT 4 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 11/20/00 11:59 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMO~ 321 11/15/00 074178 SLO CNTY CLERK-RECORDER NOTICE EXPT-2ND RES. UNIT 010.4002.5201 25.00 321 11/15/00 074178 SLO CNTY CLERK-RECORDER NOTICE EXPT-FAIR OAKS/VALLEY 010.4002.5201 25.00 50.00 322 11/16/00 005616 CITY OF ARROYO GRANDE G.A.REIMB.11/09/00 P/R 011.0000.1015 188,631. 78 188,631. 78 98303 11/24/00 100479 A.G.CHAMBER OF COMMERCE CNTY MAPS 010.4001. 5504 100.00 100.00 98304 11/24/00 100994 ADMINISTRATIVE FIRE SER ADMIN. FIRE REGIS-FIBICH/HAGLUN 010.4211.5501 40.00 40.00 98305 11/24/00 100584 AIR LIQUIDE AMERICA COR OXY/ACET.GAS 010.4305.5303 48.20 98305 11/24/00 100584 AIR LIQUIDE AMERICA COR OXY/ACET.GAS 640.4712.5303 48.19 96.39 98306 11/24/00 003120 AMERICAN INDUSTRIAL SUP ANTIBIOTIC WIPES/LENS WIPES 010.4420.5255 230.84 98306 11/24/00 003120 AMERICAN INDUSTRIAL SUP STRING KNIT GLOVES 010.4430.5255 147.47 98306 11/24/00 003120 AMERICAN INDUSTRIAL SUP GLOVES 010.4201.5272 70.79 98306 11/24/00 003120 AMERICAN INDUSTRIAL SUP BATTERIES 010.4201. 5255 11.79 460.89 98307 11/24/00 003276 AMERICAN LASERTEK 2 LASER JET CARTRIDGES 010.4201. 5201 141.03 141. 03 98308 11/24/00 100897 AMERICAN TEMPS E.BEAVER SVCS-11/4/00 010.4212.5303 76.80 98308 11/24/00 100897 AMERICAN TEMPS RHINEHART SVCS-11/11 220.4303.5303 562.56 639.36 98309 11/24/00 004680 STEVE ANDREWS 2001 LEGISLATIVE UPDATE-ANDREW 010.4201. 5501 50.00 50.00 98310 11/24/00 005772 ARROYO GRANDE COMM. HOS PRE-EMPLOY. PHYSICAL-GOCHENOUR 010.4425.5315 568.00 568.00 98311 11/24/00 009126 REV.ROBERT BANKER POLICE CHAPLINS CONF-BANKER 010.4201.5501 300.79 300.79 98312 11/24/00 101389 BC ELECTRIC INSTL.BALLAST-ELM ST REC 010.4213.5303 95.16 95.16 98313 11/24/00 010296 BEACH FRONT AUTO SERVIC SMOG INSPECTION-952 010.4201. 5601 28.75 98313 11/24/00 010296 BEACH FRONT AUTO SERVIC SMOG INSPECTION 901 010.4201. 5601 28.75 98313 11/24/00 010296 BEACH FRONT AUTO SERVIC SMOG INSPECT-902 010.4201. 5601 28.75 86.25 98314 11/24/00 101117 BRANCH STREET DELI ELECT.NIGHT SUPPLIES 010.4001.5504 64.35 64.35 98315 11/24/00 013026 BRISCO MILL & LUMBER DRILL BITS/WIRE WHEELS 220.4303.5603 123.44 123.44 98316 11/24/00 021940 C.COAST TAXI CAB SERVIC TAXI SVCS.NOV 1-14 225.4553.5507 1,534.25 1,534.25 98317 11/24/00 018330 CA. ST. DEPT. OF JUSTICE FINGER APPS-R.OLDS 010.4301. 5315 32.00' 98317 11/24/00 018330 CA.ST.DEPT.OF JUSTICE FINGER APPS-L.GOCHENOUR 010.4425.5315 32.00 64.00 98318 11/24/00 018876 CA.ST.DEPT.TRANSPORTATI SIGNAL MAINT/POWER 010.4304.5402 105.36 98318 11/24/00 018876 CA,ST.DEPT.TRANSPORTATI SIGNAL MAINT/POWER 010.4304.5402 566.86 98318 11/24/00 018876 CA. ST. DEPT. TRANSPORTATI SIGNAL MAINT/POWER 010.4304.5303 210.68 98318 11/24/00 018876 CA. ST. DEPT. TRANS PORTAT I SIGNAL MAINT/POWER 010.4304.5402 75.46 98318 11/24/00 018876 CA. ST. DEPT. TRANSPORTATI SIGNAL MAINT/POWER 010.4304.5303 61. 64 1,020.00 98319 11/24/00 016146 CALIF.HWY, PRODUCTS & SI TWO WAY REFLECTORS/EPOXY 220.4303.5613 475.82 98319 11/24/00 016146 CALIF.HWY PRODUCTS & SI TWO WAY MARKERS/EPOXY 220.4303.5613 94.09 -- --- --.- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 11/20/00 11 :59 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 98319 11/24/00 016146 CALIF.HWY PRODUCTS & SI SHOVELS 220.4303.5273 40.00 609.91 98320 11/24/00 016692 CALIF.PEACE OFFICER'S A REGIS-STEVE ANDREWS 2001 LEGIS 010.4201. 5501 255.00 255.00 98321 11/24/00 021918 CENTRAL COAST SUPPLY LINERS/P.TOWELS 010.4213.5604 308.45 308.45 98322 11/24/00 023322 CHRISTIANSON CHEVROLET SMOG TEST-923 010.4201.5601 41.25 41.25 98323 11/24/00 023946 CLINICAL LAB.OF SAN BER WATER SAMPLES 640.4710.5310 660.00 660.00 98324 11/24/00 024102 COAST GRAPHIC SUPPLY PRINTING SUPPLIES 010.4102.5255 137.30 137.30 98325 11/24/00 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 010.4420.5307 61. 25 61. 25 98326 11/24/00 024870 COMPUSERVE INC. COMPUSERVE USER FEES-10/28 010.4140.5607 31.75 31.75 98327 11/24/00 026208 CREDIT BUREAU REPORTS, CREDIT CHECK-V.JOHNSON 010.4201. 5303 7.00 7.00 98328 11/24/00 028548 DAYSTAR INDUSTRIES STREET SWEEPING 612.4610.5303 93.75 93.75 98329 11/24/00 016302 DEPARTMENT OF CORRECTIO CMC CREW-OCT 220.4303.5303 3,421.86 3,421.86 98330 11/24/00 029562 DISCOUNT SCHOOL SUPPLY TOYS/SUPPLIES-CHILDREN IN MOT 010.4425.5255 284.26 98330 11/24/00 029562 DISCOUNT SCHOOL SUPPLY TOYS/SUPPLIES-CHILDREN IN MOT 010.4425.5255 48.10 332.36 98331 11/24/00 100968 DMG-MAXlMUS 98/99 FIREFIGHTER ST. MANDATE 010.4145.5303 970.00 98331 11/24/00 100968 DMG-MAXIMUS OPEN MEETING ACT 010.4145.5303 250.00 1,220.00 98332 11/24/00 102080 DUNCAN PRINTING CO 2001 HOLIDAY CLOSING SIGNS 010.4101.5201 59.92 98332 11/24/00 102080 DUNCAN PRINTING CO 2001 HOLIDAY CLOSING SIGNS 010.4130.5201 18.00 98332 11/24/00 102080 DUNCAN PRINTING CO 2001 HOLIDAY CLOSING SIGNS 010.4301.5201 18.00 98332 11/24/00 102080 DUNCAN PRINTING CO 2001 HOLIDAY CLOSING SIGNS 010.4212.5201 18.00 98332 11/24/00 102080 DUNCAN PRINTING CO 2001 HOLIDAY CLOSING SIGNS 284.4103.5201 18.00 131. 92 98333 11/24/00 033462 JOHN FERDOLAGE POST EXECUTIVE DEVELOP-FERDOLA 010.4201. 5501 588.60 588.60 98334 11/24/00 101924 J.A. FISCHER,INC. #2 DIESEL-RED 010.0000.1202 2,084.03 98334 11/24/00 101924 J.A. FISCHER, INC. CR:DIESEL O/PAY 010.0000.1202 248.24- 1,835.79 98335 11/24/00 035802 FRANK'S LOCK & KEY INC KEY TAGS/KEY RINGS/DUP.KEYS 010.4305.5255 13.78 13.78 98336 11/24/00 101881 GREATAMERICAN LEASING C NOV LEASE -PANASONIC COPIER 010.4130.5303 319.07 319.07 98337 11/24/00 100335 DANIEL HERNANDEZ LEADERSHIP DEVEL.SCHOOL-HERNAN 010.4421.5501 347.00 347.00 98338 11/24/00 102098 DAVID W. HOBSON REGIS-LINDA HOLT-DISPATCH 010.4201. 5501 254.00 98338 11/24/00 102098 DAVID W. HOBSON REGIS-DAVE SANCHEZ-PATROL STAF 010.4201.5501 688.00 942.00 98339 11/24/00 042822 LINDA HOLT SCHEDULING FOR DISPATCH-HOLT 010.4201. 5501 20.00 20.00 98340 11/24/00 102099 ICPC SEMINAR REGIS-ROBERT BANKER-POLICE CRA 010.4201.5501 85.00 85.00 ---- - .-------.-- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 11/20/00 11:59 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 98359 11/24/00 062712 ORCHARD SUPPLY HARDWARE DEEP DRIVE SOCKET 640.4712.5273 35.45 98359 11/24/00 062712 ORCHARD SUPPLY HARDWARE SODIUM BULBS 010.4420.5605 42.88 98359 11/24/00 062712 ORCHARD SUPPLY HARDWARE TRASH CANS 010.4420.5605 157.59 98359 11/24/00 062712 ORCHARD SUPPLY HARDWARE HAZMAT ABSORBANT 010.4211.5325 17.12 253.04 98360 11/24/00 101530 OUTDOOR CREATIONS,INC CONCRETE PICNIC TABLE 010.4420.5605 747.13 747.13 98361 11/24/00 063960 PACIFIC BELL L/DIST FAX 473-0386 010.4145.5403 40.34 98361 11/24/00 063960 PACIFIC BELL PHONE 021-2713 010.4145.5403 295.09 98361 11/24/00 063960 PACIFIC BELL RADIO 451-0183 010.4145.5403 184 . 13 98361 11/24/00 063960 PACIFIC BELL ALARM 841-3953 010.4211.5403 31. 54 98361 11/24/00 063960 PACIFIC BELL ALARM 841-3956 220.4303,5403 31. 54 98361 11/24/00 063960 PACIFIC BELL ALARM 841-3959 640.4710,5403 31. 54 98361 11/24/00 063960 PACIFIC BELL ALARM 841-3960 010.4211. 5403 31. 54 98361 11/24/00 063960 PACIFIC BELL PHONE 271-7480 010.4145.5403 64,03 98361 11/24/00 063960 PACIFIC BELL PHONE 489-9867 010.4201. 5403 53,70 763.45 98362 11/24/00 102101 ED PALMER REF.L/SCAPE BOND-153 ANDRE 010.0000.2210 1,200.00 1,200.00 98363 11/24/00 068200 PMX OXY CYLINDER 010.4211.5206 77.37 77 .37 98364 11/24/00 067548 POOR RICHARD'S PRESS TYPESETTING BUS.CARD-FIBICH 010.4102.5306 30.57 98364 11/24/00 067548 POOR RICHARD'S PRESS TYPESETTING-BUS. CARDS 010.4102.5306 50.94 81.51 98365 11/24/00 069496 RXLASER MICR TONER-HP SI 010.4120.5201 309.94 98365 11/24/00 069496 RXLASER BLANK PERFORATED PAPER 010.4120.5201 352.31 662.25 98366 11/24/00 073164 DAVID SANCHEZ PATROL STAFFING-SANCHEZ 010.4201. 5501 60.00 60.00 98367 11/24/00 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 197.05 197.05 98368 11/24/00 101586 SHERIFF'S ADVISORY COUN REGIS ZIGELMAN/INTERVIEW & 010.4201. 5501 35.00 ' 35.00 98369 11/24/00 075114 SLO CNTY GENERAL HOSPIT LEGAL TOX SCREEN-9/00-10/00 010.4201. 5324 56.00 56.00 98370 11/24/00 098680 SLO COUNTY SHERIFF BOOKING FEES-JULY/SEPT 010.4201. 5323 6,382,50 6,382.50 98371 11/24/00 080340 SNAP-ON TOOLS CORP TORX DRIVER 010.4211.5273 18,34 98371 11/24/00 080340 SNAP-ON TOOLS CORP T HANDLE INSERTER/RASP PROBE 010.4305.5273 25.64 43.98 98372 11/24/00 080886 SOUTHERN AUTO SUPPLY HEX NIPPLE 010.4305.5603 2.69 98372 11/24/00 080886 SOUTHERN AUTO SUPPLY BRAKE FLUID/RAD.CAP 010.4211. 5601 21. 64 24.33 98373 11/24/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 213.77 98373 11/24/00 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 81. 00 294.77 98374 11/24/00 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 143.21 98374 11/24/00 082040 STAPLES OFFICE SUPPLIES 010.4201. 5201 303.81 98374 11/24/00 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 32.18- 98374 11/24/00 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 20.45 98374 11/24/00 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 185.80 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 11/20/00 11:59 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 98374 11/24/00 082040 STAPLES OFFICE SUPPLIES 010.4201.5604 351.83 972 . 92 98375 11/24/00 082328 STERLING COMMUNICATIONS REPL.ANTENNA 010.4201. 5606 22.52 22.52 98376 11/24/00 083382 SUPERIOR QUALITY COPIER COPY MAINT.AGREEMENT 010.4212.5602 195.00 195.00 98377 11/24/00 084084 TAYLOR'S TUNE-UP SHOP LUBE/OIL/FILTER 010.4201. 5601 28.41 28.41 98378 11/24/00 084474 TELEGRAM TRIBUNE TT SUBSCR TO 3/01/01 010.4120.5503 40.50 40.50 98379 11/24/00 086346 TROESH READY MIX ASPHALT RUBBLE/DUMPING 640.4712.5610 111.66 111.66 98380 11/24/00 086384 TROXELL ENTERPRISES RUN WIRING & JACKS-EOC PHONE 010.4201. 5606 779.34 779.34 98381 11/24/00 102090 TULE MANAGEMENT SVCS PRE-EMPLOY. PHYSICAL-PRUITT 010.4301. 5315 39.00 39.00 98382 11/24/00 087204 DIANE ULIBARRI CRAFT JAMBOREE-ULIBARRI 010.4424.5351 768.00 768.00 98383 11/24/00 088062 UNION ASPHALT INC ASPHALT 220.4303.5613 28.51 28.51 98384 11/24/00 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4420.5605 4.88 98384 11/24/00 088084 UNITED GREEN MARK, INC. MARKING FLAGS 010.4420.5605 5.34 98384 11/24/00 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4420.5605 4.88 15.10 98385 11/24/00 102007 VERIZON WIRELESS CELL PHONE-SHOP 010.4305.5403 28.51 98385 11/24/00 102007 VERIZON WIRELESS CELL PHONE-PW DIRECTOR 010.4301. 5403 42.19 98385 11/24/00 102007 VERIZON WIRELESS CELL PHONE-STREETS 220.4303.5403 89,58 160.28 98386 11/24/00 101866 VERIZON WIRELESS MESSAG GOV'T BLDGS.PAGERS 010.4213.5303 21. 21 21.21 98387 11/24/00 090480 WAYNE'S TIRE TIRES 640.4712.5601 158.40 98387 11/24/00 090480 WAYNE'S TIRE TIRES-STOCK 010.4201. 5601 358.49 516.89 98388 11/24/00 092430 JAMES WILLIAMS REIMB.GASOLINE 010.4201. 5608 30.00 98388 11/24/00 092430 JAMES WILLIAMS SEXUAL ASSAULT/1ST RESPON-WILL 010.4201. 5501 50.00 80.00 98389 11/24/00 092976 WITMER-TYSON IMPORTS K-9 MAINT.TRAINING 010.4201. 5322 135.00 135.00 98390 11/24/00 093912 ZAP MFG, INC LETTERS/NUMBERS 220.4303.5613 442.50 442.50 98391 11/24/00 094078 MICHELLE ZIMMERMAN INTERVIEW & INTER-ZIGELMAN 010.4201. 5501 30.00 30.00 TOTAL CHECKS 223,484.76 a.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES(j' BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR 'iff- SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: DECEMBER 12, 2000 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of November 30,2000, as required by Government Code Section 53646 (b). - -------------- .... MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: ANNUAL FINANCIAL REPORT - FISCAL YEAR 1999-00 RECEIPT AND USE OF WATER AND SEWER DEVELOPMENT FEES/CHARGES DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council accept and file the annual report of the receipt and use of water and sewer development fees and charges in compliance with Government Code Section 66013. FUNDING: No outside funding is required. DISCUSSION: Government Code Section 66013 requires that within one hundred and eighty days of the close of the fiscal year, a financial accounting of the transactions dealing with water and sewer development fees and charges shall be made available to the public. The basic accounting and reporting responsibilities under the Government Code require the following: 1. A description of the charges deposited in the fund; 2. The beginning and ending balance of the fund and any interest earned from investment of moneys in the fund; 3. The amount of charges/fees collected in the fiscal year; 4. The public improvements on which charges were expended; 5. The percentage of the total cost of the public improvements that was funded by these charges. 6. The completed public improvements on which charges were expended; 7. Each public improvement that is anticipated to be undertaken in the current fiscal year. Attached to this staff report is the financial information (Attachment A) as required by Government Code Section 66013 as of June 30, 2000. The information consists of beginning and ending fund balances for each fee charged by the City, including interest earned, and details of all expenditures made from these sources. The information provided agrees to the financial records. Pursuant to Government Code Section 66013 this report is for review purposes only. ---- -----~-_. -.-----,..-- WATER AND SEWER DEVELOPMENT FEES-ANNUAL REPORT Page 2 The City utilizes fund accounting to segregate development related fees from other City revenues. Although the City pools its cash for investment purposes, interest income is allocated to the facility funds based on their respective cash balances. The City accounts for water and sewer development charges in three separate funds, the Water Facility Fund, the Sewer Facility Fund, and the Lopez Facility Fund. The information in Attachment A is presented in a format consistent with the annual audit of the Fiscal Year July 1, 1999 to June 30, 2000. The following is a description of the City funds used to track water and sewer development related fees: . Water Facility (Fund 642) Water Main Charges and Distribution Charges, enacted pursuant to the provision of Section 6-7.22 of the City Municipal Code, are accounted for in the Water Facility Fund. These revenues are to be used for future water infrastructure improvements. . Sewer Facility (Fund 634) Sewer Facility revenue, enacted pursuant to the provision of Section 6-6.409 of the City Municipal Code, is collected to help pay for improvements and future capacity as necessary to meet the needs of the City resulting from growth and expansion. . Lopez Facility Fund (Fund 241 ) This fund is used to account for the accumulation of water availability charge revenues. This revenue was enacted pursuant to the provision of Section 38743 of the Government Code, and Section 6-7.22 of the City Municipal Code. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation; - Deny staff recommendation; - Modify staff recommendation and approve; - Provide direction to staff. Attachment: A. Water and Sewer Development Fees and Charges - --_.._---~._-,-.-_._--- -,-~ ATTACHMENT A CITY OF ARROYO GRANDE Water and Sewer Development Fees and Charges Statement of Revenues, Expenditures and Changes in Fund Balances Fiscal Year Ended June 30, 2000 Sewer Water Lopez Facility Facility Availability Revenues: Interest Income $ 65,346 $ 121,681 $ 12,119 Sewer Facility Charges 4,933 Water Main Charges 9,816 Distribution Charges 45,908 Water Availability Charges 221,800 Total Revenues 70,279 177,405 233,919 Expenditures Operating Expenses - - - Excess of Operating Revenues Over Operating Expenditures 70,279 177,405 233,919 Other Financing Uses Capital Transfers Out 756,919 - Excess of Revenues Over (Under) Expenditures and Other Financing Uses (686,640) 177,405 233,919 Fund Balance, Beginning of Year 1,552,693 1,123,845 135,700 Fund Balance, End of Year $ 866,053 $ 1,301,250 $ 369,619 Staff R.eport: 98-99 Schedule -~- B.d. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 28, 2000 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Tolley, Dickens, Mayor Pro Tem Ferrara, and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Financial Services Snodgrass; Director of Parks, Recreation, and Facilities Hernandez; and Director of Community Development McCants. 3. FLAG SALUTE Sir Knight Wayne E. Dempster, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation - "Economic Opportunity Commission - 35th Anniversary Mayor Lady presented a proclamation to Gloria Ramirez congratulating the Economic Opportunity Commission on its 35th Anniversary. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Tolley 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. 7. CITIZENS" INPUT. COMMENTS. AND SUGGESTIONS None. ----".----- ~._'--.'-- CITY COUNCIL MINUTES NOVEMBER 28, 2000 PAGE 2 8. CONSENT AGENDA Council Member Runels moved and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.c., with the recommended courses of action: a. ' Cash Disbursement Ratification. Action: Approved the listing of cash disbursements to vendors for the period November 1, 2000 through November 15, 2000. b. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed September and October cash reports and approved the interfund advance from the Water;Facility Fund to cover cash deficits in other funds as of September 30,2000 and October 31,2000. c. Minutes of City Council Meeting of October 24, 2000 and City Council/Redevelopment Agency Meeting of November 14, 2000. Action: Approved as submitted. 9. PUBLIC HEARINGS 9.a. Conceptual Approval of the Sale of a Portion of Land within the Proposed Rancho Grande Park Site. Director of Parks, Recreation, and Facilities Hernandez introduced Jeff Ferber and Gary Glandon from RRM Design. Mr. Ferber gave a presentation on the status and conceptual plans for the park. He explained that based on input received at the Parks and Recreation Commission meeting, modifications were made to the plan, to reduce the size of the three lots to be consistent with the existing lots in Rancho Grande. Mr. Ferber presented the final form of the park design and requested comments and direction related to the design of the three adjacent lots. Director Hernandez reviewed the financial status of the project. It was recommended the Council conceptually approve the creation and sale of three potential lots adjacent to Collardo Corte in order to fund a portion of the construction of Rancho Grande Park. Council and staff discussion ensued regarding the proposed size and configuration of the lots; obtaining input from the Rancho Grande Park Homeowners Association; review of the appraisal of the three proposed lots; review of the proposed budget for build-out of the park; the status of the Park Development Fund; ensuring that funds from the sale, of the lots are used exclusively for the Rancho Grande Park project; grading issues; parking issues; ensuring that development and design standards for the construction of homes on the three parcels are coordinated and consistent with the Rancho Grande Homeowners Association's CC&R's and other project documents; ensuring that the perimeter fencing is consistent with the existing fencing; park construction timelines; and future maintenance costs for the park. Mayor Lady opened the public hearing. CITY COUNCIL MINUTES NOVEMBER 28, 2000 PAGE 3 John Lange, 146 Avenida de Diamante, stated he lived across from the park and was in favor of the proposed park; however, he stated he did not favor the layout of the proposed lots. He said that in order to gain a better design perspective, the lots on the other side of the cul-de-sac should be reflected in the new plan. He expressed a desire to have a view of the park from his' house and stated that they bought the house with the assumption they would have a view of open space. He passed out a color photo of the site for the Council's reference and a copy of the conceptual plan in which he sketched in revised lot lines resulting in reduced lot sizes and more appropriate configurations. Karen Lange, 146 Avenida de Diamante, spoke in support of the park; however, expressed concerns resulting from the sal~ of the proposed lots. She said she was concerned that the money from the sale of the lots would not be used exclusively for Rancho Grande Park. She also responded to the discussion regarding parking, stating that parking was never meant to occur on Avenida de Diamante, and suggested painting the curb red. She requested that the lot sizes be adjusted to have 100 foot frontages in order to be consistent with the Rancho Grande Plan, and asked for assurance that the new homes would be subject to the Homeowners Association fees. Mrs. Lange submitted a letter documenting her concerns for the record. Mayor Lady clarified that the homes would be part of the Rancho Grande Development and should be subject to the Association fees. Mayor Lady closed the Public Hearing. Council Member Tolley stated he would like to see the park developed and was assured that members of the Homeowners Association and Architectural Review Committee would be very involved with input in the design of the homes. He stated his biggest concerns were giving up parkland to build more houses, and what happens to the money from the sale of the land. Council Member Runels asked if the Ottse Corporation had a buy-back clause on the lots should they be put up for sale and whether they have a right of first refusal. City Attorney Carmel responded that Ottse Corporation does hold a right of first refusal with respect to a portion of the lots. He explained the portion of land which was subject to a right of first refusal. Council Member Dickens inquired about the process for approving lot splits or lot line adjustments. Director McCants replied it would require public hearings before the Planning Commission and City Council due to the proposed General Plan Amendments and rezoning. .--- ------- CITY COUNCIL MINUTES NOVEMBER 28, 2000 PAGE 4 Council Member Dickens stated he supported selling the three lots in order to move forward and accomplish the construction of the park. He stated he would like to see the lots designed to fit in with the existing neighborhood. Mr. Ferber stated that the revised conceptual plan prepared by RRM Design, which reduced the size of the lots, was based on comments received at the Parks and Recreation Commission meeting. He stated the lots could be made any shape and they would continue to work with staff' and the Homeowners Association to look at the original Rancho Grande Plan to ensure that the lots are consistent. He stated he could adjust the lot lines; however, he requested the Council not set specific lot dimensions so he could work with staff and the Association, to build consensus on lot design. There was further discussion of the timeline of the project and how long it would take to build the park. Director Hernandez stated he believed the park could be built within the next two years. Council Member Runels stated he supported the park project; however, he did not support selling any park property until he could see updated cost figures. Mayor Pro Tem Ferrara moved to conceptually approve the rezoning and sale of three potential lots adjacent to Collado Corte in order to fund a portion of the construction of Rancho Grande Park~ Mayor Pro Tem Ferrara further moved that there be subsequent public meetings initiated by the City involving RRM Design, the Rancho Grande Homeowners Association, and the public; that consensus be obtained regarding lot sizes and dimensions, and a recommendation be brought back to the Council for final approval at a future meeting. Council Member Dickens seconded the motion, and on the following roll call vote, to wit: AYES Ferrara, Dickens, Tolley, Lady NOES: Runels ABSENT: None there being 4 AYES and 1 NO, the motion is hereby declared to be passed. COUNCIL MEMBER TOLLEY LEFT THE MEETING AT 8:20 P.M. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. -~ CITY COUNCIL MINUTES NOVEMBER 28, 2000 PAGE 5 12. CITY COUNCIL REPORTS a. MAYOR MICHAEL LADY (1 ) South San Luis Obispo County Sanitation District (SSLOCSD). Met on November 1st; the 1999-00 Audit was presented and adopted; and there was discussion regarding the City of Pismo Beach's renewed interest in joining the District. As the Alternate at the 2nd meeting of the month, Council Member Runels reported that the Vista Del Mar project (Tract 2207) has requested the City provide sewer service through the Sanitation District. The Board unanimously agreed to the concept. (2) Other. None. b. MAYOR PRO TEM TONY M. FERRARA (1 ) Integrated Waste Management Authority Board (IWMA). Discussed the Construction and Demolition Recycling Ordinance; IWMA has drafted an Ordinance which was reviewed by and coordinated with the California Builders Association; Wished Mr. Dave Romero well as he would no longer be serving on the Board. (2) Economic Vitality Corporation (EVC). No rejort; meeting cancelled. Will not be able to attend meeting on December 13 . (3) Air Pollution Control District (APCD). Conducted personnel evaluation; Discussed how to utilize Unocal mitigation funds; the Board unanimously proposed that the money be focused toward those projects that could reduce emissions in the air more efficiently. (4) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS (1 ) Zone 3 Water Advisory Board. Reported that the water line hook up for the Village Centre is currently being tied in; The treatment plant is running well; Award of contract for Lopez Dam remediation project is scheduled for mid- January; Protest of bid for the project was found unsubstantiated; Reported on silt removal from the Creek; Recreation facility revenue up 12% as of September from prior year; however, revenue for October was down by 20%; Reported on budget issues related to status of cleaning Lopez line to increase flow. (2) County Water Resources Advisory Committee (WRAC). No report. I (3) Other. Mayor Pro Tem Ferrara requested a desire to be involved and provide input on the traffic safety plan for the remediation project. d. COUNCIL MEMBER STEVE TOLLEY (1 ) Long-Range Planning Committee. No report. (2) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). No report. (3) Other. None. _._,~-~----- CITY COUNCIL MINUTES NOVEMBER 28,. 2000 PAGE 6 e. COUNCIL MEMBER JIM DICKENS (1 ) South County Area Transit (SCAT). No report; next meeting is December 13th. ' (2) Community Recreation Center Subcommittee. Formulated a Mission Statement, Goals and Objectives which will serve as a guiding tool; Put together an aerial map of the proposed site to assist the Subcommittee; Cancelled December meeting, and will meet again in January; Cal Poly Architecture Department will become involved to work 'directly with the Subcommittee; City and Regional Planning Department will also be providing assistance through the process to obtain public input and conduct a survey on community needs. (3) Economic Opportunity Commission (EOC). Invitations are in the mail to the Council for the celebration of the EOC's 35th Anniversary. Open House to be held December 15th from 3:00-6:00 pm. (4) South County Youth Coalition. Acknowledged Doug Perrin who is the current President of the Coalition. Currently updating the Master Plan ,to ensure it continues to meet the needs of the community. , (5) Other. Will plan to attend the SLOCOG meeting on December 5th as the designated Alternate. 13. COUNCIL COMMUNICATIONS Council Member Dickens inquired about a letter sent from the Mayor to Caltrans regarding the Brisco-Halcyon/101 PSR and asked if there was a problem with processing the document. City Manager Adams explained the PSR was forwarded to Sacramento for final approval by Caltrans. Caltrans subsequently had a concern with one of the aspects of Option 5. He said the City would probably pursue a design exception that will still enable the City to proceed with that option. He said it will delay the schedule; however, SLOCOG will recommend reserving the money for the project so the funding will remain secure. Mayor Pro Tem Ferrara reported that he followed up on an inquiry made regarding the dumpsters in and around the Five Cities Center. He stated he met with a representative from Investec and was told that the bidding process for the construction of trash enclosures has been completed and a contractor has been hired. Mayor Pro Tem Ferrara passed out a copy of Municipal Code Section 1-4-05 to the Council regarding Appeals. He stated he has been approached by at least a dozen people on the architectural theme of the Village Centre project. He stated upon looking back on the process of approval for the project, he had to inform the people that the project went through from start to finish without the Council's review. He expressed , , concerns about existing and futures projects in the pipeline being approved without ! Council review. He requested Council support and consensus to better utilize the process established in Section 1-4.05 and Section 1-4.06 of the Development Code that - --'-'-'"--"'-'-"-'- --------- CITY COUNCIL MINUTES NOVEMBER 28, 2000 PAGE 7 allows the Council to appeal any Commission decision. On a longer range issue, he proposed that the Development Code be amended to give Council the final approval authority on any commercial, retail, multi-family, or single-family housing project; specifically any project that has potential for causing a significant impact on the City's infrastructure or in any other way impacting the City. He said since the Council was ultimately accountable for the impacts of these projects, it should be ultimately accountable for making the decision on final approval. He requested that if the' Council concurred to bring the issue back at the next meeting for discussion and a motion to proceed, and that staff should inform the Planning Commission of the actions that are underway. Following discussion, Council concurred tp address the issue at the next regular meeting. 14. STAFF COMMUNICATIONS None. 15. ADJOURNMENT Mayor Lady adjourned the meeting at 9:00 p.m. to the Special Meeting of December 4, 2000 at 6:30 p.m. Michael A. Lady, Mayor 'ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk .._~_....__.._---- ,- MINUTES SPECIAL MEETING OF THE CITY COUNCIL MONDAY, DECEMBER 4,2000 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Special City Council meeting to order at 6:30 p.m. 2. ROLL CALL City Council: Council Members RuneJs, Tolley, Dickens, Mayor Pro Tem Ferrara, and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Chief of Police TerBorch; Director of Financial Services Snodgrass; Director of Public Works Spagnolo; Director of Building and Fire Fibich; Economic Development Director Sheeley; Executive Assistant Bassett; and Accounting Supervisor Huwaldt. 3. FLAG SALUTE Members of Boy Scout Troop 70 led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, St. John's Lutheran Church, Arroyo Grande, and the Arroyo Grande Fire Department Chaplain, delivered the invocation. 5. PUBLIC COMMENT None. 6. REMARKS BY DEPARTING COUNCIL MEMBER STEVE TOLLEY Council Member Tolley stated that serving on the Council had been extremely interesting and educational. He stated that all of the accomplishments in the City over the last four years could not have been done without the staff and employees of the City, and that he was proud of the relationships he had built with staff. He thanked City Attorney Carmel; Executive Assistant Mary Bassett; the Commissioners that he appointed who did outstanding jobs for the City; San Luis Obispo Police Chief Jim Gardiner for his su'pport; Council Members Tom Runels and Jim Dickens, Mayor Pro Tem Ferrara, Mayor Lady, former Mayor Pete Dougall, and former Council Member Mike Fuller. He concluded by thanking his family for their support. -._--_..-.~~.,,_..__._- ~'_n..____...__._ . SPECIAL CITY COUNCIL MEETING MINUTES DECEMBER 4, 2000 PAGE 2 7. RESOLUTION ACCEPTING SAN LUIS OBISPO COUNTY CLERK'S CERTIFICATE OF CANVASS OF RETURNS Director of Administrative Services Wetmore gave the staff report. She stated that the total voter registration for the City was 10,507; and the total number of ballots cast was 8,395 for a 79.9% voter turnout. She explained that Measure R-2000, asking voters if an Ordinance should be adopted increasing the Transient Occupancy Tax rate from 6% to 10%, was approved by 63%, and the rate increase would become effective on January 1, 2001. It was recommended the City Council adopt the Resolution accepting the Certificates of the County Clerk declaring the results of the canvass of all votes cast November 7,2000 in the Consolidated General Municipal Election. Council Member Tolley moved to adopt a Resolution accepting the Certificates of the County Clerk- Results of Canvass of All Votes Cast at the General Election held November 7,2000 in the City of Arroyo Grande. Council Member Dickens seconded the motion. Mayor Pro Tem Ferrara asked questions of staff regarding the Transient Occupancy Tax Ordinance. On the following roll call vote, to wit: AYES: Tolley, Dickens, Runels, Ferrara, Lady NOES: None . ABSENT: None there being 5 A YES and 0 NOES, the motion passed. 8. OATH OF OFFICE ADMINISTERED BY MAYOR LADY Mayor Lady administered the Oath of Office to City Clerk Nancy A. Davis. 9.0A TH OF OFFICE ADMINISTERED BY CITY CLERK City Clerk Davis administered the Oath of Office to Mayor Michael A. Lady, Council Member Thomas Runels, Council Member Sanford "Sandy" Lubin, and City Treasurer Janet Huwaldt. 10. REMARKS BY COUNCIL MEMBER THOMAS A. RUNELS Council Member Runels thanked the voters for reelecting him and stated it has been rewarding and educational sitting on the Council over the last four years. He spoke of the improvements that have been made to the City's infrastructure; thanked the Council Members; City staff; and his wife. He stated the City will move forward and he thanked everyone for supporting him. 11. REMARKS BY COUNCIL MEMBER SANFORD H. "SANDY" LUBIN Council Member Lubin stated he was honored and proud to be elected to the City Council. He thanked his wife, Cindy; his campaign committee; and the citizens of SPECIAL CITY COUNCIL MEETING MINUTES DECEMBER 4, 2000 PAGE 3 Arroyo Grande. He pledged to represent all the people of Arroyo Grande and dedicated himself to the contribution and the continuation of the outstanding lifestyle the community has in the City of Arroyo Grande. 12. REMARKS BY MAYOR MICHAELA. LADY Mayor Lady stated he has had the privilege of serving the community for a number of years. He spoke of the professionalism of past and current Council Members he has served with. He thanked those who have given him an opportunity to serve a second term as the City's Mayor. He concluded by encouraging and welcoming participation of the community in local government. 13. SELECTION OF MAYOR PRO TEM \ . Council Member Dickens moved to support"the re-selection of Council Member Ferrara as Mayor Pro Tem. Mayor Lady seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lady, Ferrara NOES: Runels, Lubin ABSENT: None there being 3 A YES and 2 NOES, the motion passed. 14. ADJOURNMENT Mayor Lady adjourned the meeting at 7: 15 p.m. to the Regular City Council Meeting on Tuesday, December 12, 2000, at 7:00 p.m. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk - _.. __._."----.-.N_...._._ .._ ,,---..--.-------- 8... MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES 1;J SUBJECT: REJECTION OF CLAIM AGAINST CITY - V. MOON DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council reject the attached Claim for Damages against the City filed by Valerie Moon, 528 E. Branch Street, Arroyo Grande. FUNDING: None. DISCUSSION: The City's insurance adjusters have reviewed the claim of Valerie Moon and recommend it be rejected. - ,_"-'--"-~~-'-_.'._--- c: ~I LtJ~~~. ttJ Af\br~ eLj City of Arroyo Grande I CLAIM FOR DAMAGES rV hlc.. Wot1i.s Dlr. TO PERSON OR PROPERTY RECEIVED fiJb\"CWOfK> 2Jv..f'Y-(S~ CiTY OF ARROYO GRi\!W:: File with: \\/8100 RESERVE FOR FM'IN61aM30 PI"'2 01 CITY CLERK'S OFFICE - Claim No. ,,0 I : 214 East Branch Street Arroyo Grande, CA 93420 INSTRUCTIONS 1. Claims for death; injury to person or personal property must be filed not later than six months after the occurrence. (Gov. Code Sec. 911.2) 2. Claims for damages to real property must be filed not later than 1 year . after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on Page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: (Name of City) Date of Birth Arroyo Grande, California of Claimant Name of Claimant occupation of Claimant Valerie M~:::m Server Home Address of Claimant City/State Home Telephone Number 528 East Branch Street Business Address of Claimant city/State Business Telephone Number 611 Grande Ave. Arroyo Grande . 805-481-3230 Give address and telephone number to Claimant's Social which you desire notices or communica- Security Number tions to be sent regarding this claim: 528 East 8ranch Street When did DAMAGE or INJU~~Occur? Names of any city;employees Dateq", ~O'O Time ~: ~ involved in INJURY or DAMAGE If claim is for Equitable I S~k b'tfh ~ ~/~ Indemnity, give date claimant served with that complaint: Mdtl'l ~ /11U'fckf 7N. ~ Date: a,. ~ Where did DAMAGE or INJURY occur? D scribe fully, locate on diagram on reverse side of this sheet. Where appropriate, street names and address and measurements from landmarks: Damages occured at 528 East Branch Street, Arroyo Grande. Describtion attached. Describe in detail how the DAMAGE or INJURY occurred. d)f1v~ Why do you claim the City is responsible? .. ... ~ Describe in detail each INJURY or DAMAGE - ~ SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE -- ---- ------ - The amount claimed, as of the date of presentation of this claim, is computed as follows: Damage incurred to date (exact) : Estimated prospective damages Damage to property...... $711 n as far as known: Future expenses for medical Expenses for medical and hospital care.....$ 0 and hospital care.......$ Future loss of Loss of earnings........$ earnings..............$ o. Special damages for Other prospective special ....................... .$ damages...............$ General damages.........$ Prospective general Total damages incurred 1<15" damages...............$ to date............... $ Total estimate prospective damages.............$ , Total amount claimed as of date of _ presentation of this claim........$ ~f1 Was damage and/or injury investigated by police? no If so, what City: Were paramedics or ambulance called? no . If so, name City or ambulance If injured, state date, time, name and address of doctor of your first visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Phone Name Address Phone Name Address Phone DOCTORS and HOSPITALS: Hospital Address Phone Doctor, Address Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West7 indicate ,place 'of accident by "X" and by showing house numbers or distances, to street corn~rs. If City Vehicle was involved, designate by letter "A" location of City Vehicle when you. first saw it, and by "B" location of yourself or your vehicle when you first saw city vehicle7 location of city Vehicle at time of acoident by "A- 1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation; attach hereto a proper diagram signed by claimant. I L SIOEWALK cunB rMIKWAY S,Oi:WAU< I . Signature of Claimant or person Typed Name: Date: I filing on behalf giving Valerie A. Moon September 23, 2000 relationship to Claimant: .~ NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a) . Presentation of a false claim is a felony (Pen. Code Sec. 72) . '~ .-..__.----_._._...._~,~--,-~"^ --~----- 0JJ:r 1 y1JVtDcf ~ ~tJfJ0un~ j; ~ 191- .{!;wpft(f. rJdh rrJ:h: . j~/~8 ett~~tp . . (](:;t: ytD o~ "&J ('Mb th &AJ-1:I . J;!r.D80 dd;ifJ./Jd.J.., ~ qJl-lf)O iJ:J!6 o.ddMIW JiJ 6()8 faM- Bw-ncr0t~.'1:::1 (). ~ ~{jj{PijJ J}Jea.f:J.LP ~ w fJ7') <tN '1 fMl- ./JtP1ch ()J7d ~ IouiJ:;JMd.CI. ~th~~~~ . /wf 0ftIW JJu /)tWJ ~ Jp I{U d;i t:ff~ ~r ~ ffiP ~ o;;~'ftlJtV1 ;We! ~ ~ ~:;p;::::~ tTJ. ;J ~ 11J J:tJ1) J . ~(f1 ~ tf;l!I fthJ ~ f!,tU 'mJ u;t {jJvIft ~ ;tJtL ~ /' ~'!/ wnJ,d ~ d~ 8<<h . YAt ~ J ()}IJU id pJ - b Jtw~ p- /1 jjw.tJ /Jr<.. a):>rJ- ~ / ~ rJZ / -jtJP- . V ;<WJ (!PIfJtJ~ <f.I?'-P-iUeJ pd and ~ ~ JIu c)Ld-a1 JJ!t;L apf.~ ~Mltl.d ;ffit tw '{JtV; b~ ~J? tJ.-- . 'JfllVl ~ ~ 'f/t-IJ tx~ ~'/vJfJ- Ji1 ~ vetl - ..J tft1IJ JtMf- :Jl tJI!I -/d1IvL Ij$ vJ/ p(ffYW fi JJ- ~ m · tJtU "nUl r.APJ /)Lif> JM'r1e~ wdM~ , ~ VU1d~ ~ !v1hh a, Jin7(J~ ~~i~~~~~ ClnI ~ . t'Jf d1.h 0./' cL if>(!' (!M.. .M ~ d"ltA- ~ . .' . ~ 7;. ~WM jI) btWJ~~ }/Jt..dY ~ W fPt qu /frlJU- - OM. .JJiuJJfJ Ii ~ . ~ II'Y'V' ~ 9k ed<t- M c/t#6(J .-1; Mt1J. /W t:. tV-i ~ ~ {)/It! ~ (jflt-l. c.Ji) ~ (JUz. ~ fW ()/J ~: J;rIlnkf<<J ~ ~ 1:;ff~~ (jJJ7 ~ ~ !JM J !pX It; ~ (jID I1J - ~~~~ #tU-~ q3/-0s'l{) J;J:f~~".51~ tJlJrMJv tm ~~ ~ w JJ.f#- (J.M./ J)6 ~ ~ ~ JflI Jt!M!>>~ ~ A ~ 7rl~ q ~6- '9S"L/C . / ~/' QjJ;-c ~ 11M.- CJk ~-if; ~ fMJO C#J ~ Cjf.p Cjur \ :J I 'J JJ.- 'fYJ-'o . . \ //7& ~~rz ();db tp~ /}vip{ ~ J#L(7 . '. 7'f1") 1f~~ -_..-----~- - ---.--.- , j wff)Uld ~}~ un(JttCitdU 1J)iU1I/(i1 ~1/>t C1fw.- ~ tftu ~ _ .[)pi; Y}wd rid l/2(f - ~ ~ IJO ()n Q/Il t/l{!fl?1L . . tJh~~ F ~/()0AL:(t~ '/YIffl7 f/mu - 59.9 (W &twch y _ d~ arvd< iJv q31f f)., () w{1/V b~ /?t5-fW~ (p I J IJ,-rc, - j<<op (}~, 0.-- _ ,2> {c!) () B06J Jf.91/3 ~BO ;rU.h dftd- lmr/L-t ~ (!Jvt /q 88' Odd J !>ftM/#. V U;w- ,. . RECEIVED ~"'A ,.. -" 0'" Af(POYO ('q .\! tOr. L.\ If r '" .1.,,\.' ;.. 00 DEC -4 PI-I 3: 22 Next Report Due: January 18,2001 STATUS REPORT #2 November 28,2000 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Steven Adams, City Administrator RE: Our Principal : City of Arroyo Grande DOl . 9/08/00 . Claimant . Valerie Moon . My File No. A10118-S Dear Mr. Adams: PREVIEW: The claimant alleges she damaged the bottom of her vehicle when she drove over a hose owned by the City of Arroyo Grande. GOVERNMENT CODE REQUIREMENTS A. Action By Public Entity: I recommend that the City forward a standard rejection letter to the following claimant: Valerie Moon 528 E. Branch St. Arroyo Grande, CA 93420 Please send a copy of this letter to this office to document our file. B. Statute Of Limitations: The statute of limitations will expire six months trom the rejection. CARL WARREN & CO. CLAIMS MANAGEMENT. CLAIMS ADJUSTERS P.O. Box 1052 . San Luis Obispo, CA 93406-1052 Phone: (805) 544-7963 . Fax: (805) 544-1068 '-- - .__.._--_.._-_.~.. City of Arroyo Grande Steven Adams November 28, 2000 Page Two (AtoI18-S) CLAIMANT VERSION The claimant claims that a city hose, attached to a fire hydrant, was draped across her driveway. She claims that the location of the hose forced her to accelerate quickly in order to drive over the hose. As a resuh, the oil pan of vehicle struck the asphah portion of the driveway and began leaking. She drove the vehicle in this condition to work. The vehicle overheated and eventually caused the head gasket to fail. She claims that the city should have warned her not to drive over the hose. She does admit, however, that she knew the hose was there and had observed it throughout the day. The driveway of the claimant is dirt until it meets the driveway apron. The apron is made ofasphah. On the date of the loss, a "pothole" in the dirt area of the driveway was located directly where the asphalt and the oil trail begins. WITNESSES There were no witnesses to this accident. CITY REPORT Shane Taylor from the City of Arroyo Grande Public Works Department responded to the claimant's address the following day. He acknowledged that a Public Works crew was cleaning the sewer main in the 500 block of East Branch St.. Mr. Taylor claims that the hose being used was a l-~ inch in diameter. The hose was attached to the fire hydrant across from the claimant's home, traversed across two lanes of East Branch and next across the front of the claimant's driveway to a manhole. The hose was subjected to vehicle traffic running over the hose. The hose was too small to cause or contribute to the damage sustained by the claimant. There were no couplings on the hose that could have damaged the claimant's vehicle. It was subsequently learned that the landlord had recently filled the area in question with a gravel mix to fill a ''pothole'' that existed on the date ofthe loss. The claimant states that the landlord does this on a yearly basis before the rainy season. LIABILITY The City of Arroyo Grande is not responsible for this loss. The claimant's vehicle speed and the defect in the unpaved part of her driveway caused this loss. She also admitted that she was aware that the hose was there, which was open and obvious. ~.__.,- _.._~..- . , City of Arroyo Grande Steven Adams November 28, 2000 Page Three (AIOI18-S) CLAIM STATUS: Claim Status Reserves LPD-Moon, Valerie Open Loss $743.00 Expense $ 1000.00 COMMENT: My file is on diary for January 18, 2001. Very truly yours, Carl Warren & Company i..~CLA, LPCS - _...... -.. .-,-,....__.- .-..- ---",--",-'-~----'- ~Uy of P.O. Box 550 ~ ~~ 214 East Branch Street Arroyo Grande, CA 93421 ADMINISTRATIVE SERVICES Phone: (805)473-5414 FAX: (805) 473-0386 E-Mail: agcity@arroyogrande.org December 13, 2000 Valerie Moon 528 E. Branch Street Arroyo Grande CA 93420 REJECTION OF CLAIM PRESENTED WITHIN SIX MONTHS Dear Ms. Moon: Notice is hereby given that the claim you presented to the City Council of the City of Arroyo Grande on October 30, 2000 was rejected on December 12, 2000. 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 in a Municipal or a Superior Court of the State of California on this claim (See Government Code Section 945.6). 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 c: City Manager City Attorney Director of Public Works Carl Warren & Co. - ---~.,--_.- --' 8.g. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER$" SUBJECT: APPOINTMENT TO PLANNING COMMISSION DATE: DECEMBER 12, 2000 RECOMMENDATION: It is the recommendation of the Mayor that the City Council approve the appointment of Jim Guthrie to the Planning Commission, replacing Nanci Parker. FUNDING: There is no fiscal impact. DISCUSSION: On January 14, 1997, the City Council adopted Ordinance No. 481 amending the composition of applicable Commissions and Boards from seven to five members and also adopted Resolution No. 3192 establishing Council policy as it relates to the appointment procedure to the Boards and Commissions. The Ordinance states that the Mayor and each respective member of the Council shall appoint a representative to the Planning Commission subject to approval by a majority of the Council. All Commission members shall serve at the pleasure of the Council. It is recommended the Council approve the appointment of Jim Guthrie to the Planning Commission, replacing Nanci Parker. ~- . ,. CITY OF ARROYO GRANDE RESERVOIR OF CITIZENS TO SERVE ,/ Planning Commission RECEIVED _ Parks and Recreation Commission CiTY OF ARROYO mt~I~DE _ Traffic Commission .' Years Lived in Arroyo Grande , '1Y" q friO!::> _ Senior Advisory Commission 00 DEC - 6 AM 8: 1J8 Registered Voter of Arroyo Grande _ Special Committees (Architectural Review, etc.) Yes~ No_ NAME~AME5 R. C:J ~th~i~ HOME ADDRESS Sly 5 +a. r Il'3 h t La.",,~ PHONE~ 7.~ ...8415 PRESENT PRESENT EMPLOYER .5p'1<1 lQ.~.s 1 V'\ V'\ POSITION 6 e.n.eJ"t:l ~Q1 ~ OFFICE BUSINESS ADDRESS 1~...r7D 5 5pl.fq las~ Dr' 've. P. B. TELEPHONE 7'10..1../85.5 EDUCATIONAL BACKGROUND High sChoOI---AuJA l... r Co II eg J.Jts AIoJ T A "BA'KB~ ADDITIONAL EDUCATIONAL INFORMATION (!e.t-+;~I~J I:Jo -he.-I Ad ~j yt '15+"-4. +ion (C.fiAJ , COMMUNITY AND CIVIC INTERESTS ~f!{)l.Jom Ie. De Vf!.,../ D fJW1 en t , A P-PoY'dLJ hie. J.I.otl.6/n~ /..on~ t<0J19~ lJ/fll1/?/nJ The City Council would like to have the names of three (3) Arroyo Grande References: NAME ADDRESS 1. Md~ LAD,! 700 Oak. L e.tA .f 6.....G~ 2. J Ar..1 Sc.o+t- 52D \j,~ Va.,!U~O 3. -AI A 1Je.'1 ?,A. Q.. \<..e-v- /I:J. 7 va.Y"d Loomi 5 ARE YOU WILLING TO SERVE ON THE COMMISSION/COMMITTEE MEETING TIMES SHOWN BELOW: Yes ../ No - Yes - No - Yes - No - Yes - No - Yes - No - Date /t5l ~ OIP -00 The Arr Grande ity Council requests infonnation about your interest (and education, if applicable), in serving on a com ssion or committee, specifically your comments and views relative to the role and responsibilities of the Planning Commission, Parks and Recreation Commission, Traffic Commission, Senior Advisory Commission, or a Special Committee. Please note such infonnation on the reverse side of this fonn. Thank you for your interest. THIS FORM IS A MATTER OF PUBLIC RECORD IF APPOINTED. COMPLETION OF A STATE CONFLICT OF INTEREST FORM IS REQUIRED (11/02198) --~- --.- ~--~"- --~_..__._._-,----_._------ a.h. . MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR PARKS, RECREATION AND t:t FACILITIES SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3, TITLE 10 OF THE ARROYO GRANDE MUNICIPAL CODE - COMMUNITY TREE PROGRAM DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council adopt an Ordinance, amending Chapter 3, Title 10 of the Arroyo Grande Municipal Code - Community Tree Program. FUNDING: There is no impact to the General Fund. DISCUSSION: The City Council, at its meeting of November 14, 2000, introduced for first reading, an Ordinance amending Chapter 3, Title 10 of the Arroyo Grande Municipal Code regarding the Community Tree Program. One modification was made to Section 10- 3.05 (g) stating that the Director of Parks, Recreation and Facilities shall cause the physical inspection and inventory of all Landmark trees every 2 (two) years to determine their condition and presence, and he/she shall report his/her findings publicly to the City Council, the Parks and Recreation Commission, and the Planning Commission, via the City Manager. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify staff's recommendation; - Provide direction to staff. Attachment: Ordinance (Attachment 1) Attachment 1 ORDINANCE NO. 521 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 10, CHAPTER 3 OF THE MUNICIPAL CODE REGARDING THE COMMUNITY TREE PROGRAM. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Title 10, Chapter 3 of the Arroy'! Grande Municipal Code is amended in its entirety as follows: Sec. 10-3.01. Pu rpose It is in the best interest of the City, the public, and the environment to establish a comprehensive community tree program that promotes: (a) The preservation, the maintenance, and regeneration of all trees; (b) A beautiful and aesthetically pleasing community; (c) Trees or groves of unique or historical value and wildlife habitat; and (d) Educational programs that address the importance of trees in the environment and their role in purifying the air, providing shade, controlling erosion, and maintaining the rural, small town atmosphere. Further, in order to implement the goals and objectives of the Parks and Recreation element of the City of Arroyo Grande's General Plan, and to mitigate the loss of open space and vegetation caused by new development in the City, the City Council has determined that a development impact fee (or the implementation of a tree planting plan in lieu thereof) is needed in order to finance the planting of trees and to pay for the development's fair share of the implementation of these improvements. This chapter establishes policies, regulations, and specifications necessary to govern installation, maintenance, and preservation of trees to accomplish the above stated purpose. Sec. 10-3.02. Definitions. For the purpose of this chapter, the following definitions shall apply: ORDINANCE NO. 521 C.S. PAGE 2 "Certified Arborist" shall be one of the persons who has completed the requirements of, and who appears on the approved list of the International Societv of Arboriculture. Western Chapter. Said list shall be available for review in the Community Development Department. "Citv" means the City of Arroyo Grande. "City Council" means the City Council of the City of Arroyo Grande. "Conditioned Tree" means any tree t,hat is to be preserved and protected from removal, destruction or loss as a requirement of a permit issued by a permit-granting authority. "Development" means any project involving the issuance of permit for construction or reconstruction, other than interior remodeling, but not a permit to operate. "Director" means the City Parks, Recreation and Facilities Director or his/her duly appointed agent. "Dripline" means an imaginary vertical line running from the outermost branches or portions of the tree crown to the ground. "Landmark Tree" or "Landmark Grove" means existing tree(s) on public or private property that has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural or historical value, and is designated as such by resolution of the City Council, upon recommendation of the Planning Commission or Parks and Recreation Commission of the City of Arroyo Grande. Landmark trees may include street trees. "Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for disease or injury, and other similar acts that promote the life, growth, health, or beauty of trees or shrubs. "Owner" means an individual, firm, association, corporation, partnership, persona and lessees, trustees, receivers, agents, servants, and employees of any such person(s). 2 ORDINANCE NO. 521 C.S. PAGE 3 "Permit-granting authority" means that appropriate individual or body designated by Municipal Code or state law to have the legal authority to issue the permit for which application was made. "PlantinQ easement" means an easement adjacent to public right-of-way obtained for the purpose of planting and maintaining street trees. "PlanninQ Commission" means the Planning Commission of the City of Arroyo Grande. "Parks and Recreation Commission" means the Parks and Recreation Commission of the City of Arroyo Grande. "Parks and Recreation Tree Subcommittee" means a subcommittee consisting of three (3) members of the Parks and Recreation Commission, as appointed by the Chairperson of the Parks and Recreation Commission. "Public places" means all properties owned by the City and public easements. "Public streets" means all City public rig ht-of-ways , including all public easements. "Street trees" means any tree in any street, park, public place, or public easement. "Subdivision" means any subdivision of property, including minor subdivisions. "Tree removal" means the destruction or displacement of a tree or shrub by cutting, bulldozing, mechanical, chemical or other method, which results in a physical transportation of the tree from its site and/or death of the tree. "Tree well" means an unsurfaced area provided within a paved or concrete sidewalk for the planting of a tree. "Tree" means any woody plant with a trunk diameter of four (4) inches or more when measured four (4) feet about grade, or multi-trunk woody plant with main branches that total four (4) inches or more when measured four (4) feet above grade. For the purpose of the ordinance, all Quercus (Oak) species are hereby declared to be trees at two (2) inches or more in diameter at grade. 3 ORDINANCE NO. 521 C.S. PAGE 4 "Tree Coordinator" means the City employee who is responsible for the City "Landmark Tree Program," memorial tree planting, Arbor Day activities, education programs, issuing of tree removal permits, and coordination with citizens regarding tree matters. "Undeveloped Property" means property that has been zoned to allow development, but which has not yet been developed. Sec. 10-3.3. Street Tree Requirements. (a) A street tree shall be planted at the time of construction by every property owner, except for subdivisions, spaced no farther than 50 feet apart along the street frontage of any building constructed. Interior remodeling permits and activity shall be exempt from street tree planting requirements. The Director shall specify specific locations along the frontage of the constructed building for street trees and shrubs on public streets and tree planting easements, and the species of tree shall be selected by the Director from the master street tree list on file with the Parks, Recreation and Facilities Department. Street trees shall be of a fifteen-gallon-container size (or greater) and comply with the standards set forth by the American Society of Nurserymen. (b) For property within commercial or industrial zoned districts in the City, the property owners, upon construction, shall provide tree planting wells within any paved or concrete sidewalk. Street trees shall be planted within these wells as outlined in Sec. 10-3.03(a), with the addition of installing deep root barriers. (c) A fee, consistent with that established by the City Council for subdivision maps shall be imposed by the Director, if the property owner requests that the City plant the required tree(s) on his behalf. (d) All existing and proposed street trees shall be identified by the applicant on all construction and building plans and maps presented to the City. (e) No existing street tree shall be removed or replaced without written authorization of the Director or the Tree Coordinator. (f) It shall be the responsibility of the property owner to properly maintain all street tree-planting areas upon his/her property, including any adjacent easement, 4 ORDINANCE NO. 521 C.S. PAGE 5 regardless of whether such property is developed. Such maintenance shall include irrigation and keeping such strips free from weeds or any obstructions deemed contrary to public safety and in conformance with the plan approved by the Director for the property involved. (g) The Director shall, at City expense, inspect and, when necessary, remove and/or replace street trees. (h) The Director may cause th~ roots of young trees in the process of development to be cut to prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate for the loss of root area. (i) The Director may cause the removal of overhead limbs from any street tree, regardless of the location of such street tree, if, in the Director's opinion, such removal is necessary in the interest of public safety. U) Nothing in this chapter shall be deemed to relieve the owner and occupant of any private property from the duty to keep his/her private property, sidewalks, and planting strip in front of such private property in a sage condition and so as not to be hazardous to public travel. (k) Whenever a property owner desires to have a street tree removed, he/she shall apply to the Director for a permit for such removal. The Director may approve or deny such request. If the Director finds the tree is in good condition and the permit is granted solely for the convenience of the applicants, the full cost of such removal and replacement shall be borne by the applicant. (I) Any street tree damaged or destroyed by an individual shall be replaced through payment by the person or persons causing such loss to the City. The amount of such payment shall be the replacement value of the tree, as determined by the Director, but in no event shall it be less that One Hundred Fifty Dollars ($150.00) per tree and shall be in addition to any criminal fine or penalty for Municipal Code violation. Any act intentionally damaging or destroying a street tree shall constitute a misdemeanor violation of this chapter. 5 ORDINANCE NO. 521 C.S. PAGE 6 Sec. 10-3.04. Responsibilitv for tree-damaged sidewalks and public improvements. (a) The Public Works Director may, from time to time, prepare a list of particular street trees that have created a present and immediate danger to pedestrian travel, by causing damage to public improvements, sidewalks, or have interfered with drainage flow in gutters, or resulted in traffic hazards in adjacent streets. The list shall be submitted to the Director for comment or revision. (b) After agreement between the ~arks, Recreation and Facilities Director and the Public Works Director on necessary corrections, the Public Works Director shall order the repair or replacement of such damaged public improvement. Prior to removal of any street tree causing such damage, the adjacent property owner will be notified, in writing, by the Public Works Director. The Parks, Recreation and Facilities Director shall order a new tree to be planted as a replacement tree, when the site is appropriate, as determined by the Director. Sec. 10-3.05. Privatelv owned trees affectinQ public riQht-of-way. (a) Trees on private property that have caused, or may cause, in the judgment of the Public Works Director and the Parks, Recreation and Facilities Director, damage to public improvements shall be root-trimmed or the tree removed, and such damage to public property shall be repaired by the owner of such tree. After fifteen (15) days' notice to correct said condition, the Parks, Recreation and Facilities Director and/or Public Works Director may correct the condition and send a billing therefor, including a fifteen percent (15%) administration fee, to the property owner. If the property owner fails to remit the payment, the charge for all costs of correction, including the administration fee, shall be charged as a tax lien upon the tree owner's property. (b) No person shall permit branches of trees or shrubs to extend within nine feet (9') from the ground over any portion of the sidewalk area, or within twelve feet (12') from the ground over any portion of residential street abutting the property on which the tree is growing, or within fourteen feet (14') on streets designated as truck routes. After fifteen (15) days' notice to correct said condition, the Parks, Recreation and Facilities 6 ORDINANCE NO. 521 C.S. PAGE 7 Director and/or Public Works Director may correct the condition and send a billing therefor, including a fifteen percent (15%) administration fee, to the property owner. If the property owner fails to remit payment, the charge of all costs of correction, including the administration fee, shall be charged as a tax lien upon the tree owner's property. Sec. 10-3.06. Landmark Trees. (a) In order to initiate a Landmark tree designation, the owner(s) of such trees shall sign the proposed designation resolu~ion prior to City Council adoption, thereby conferring consent for the tree(s) to be voluntarily designated as Landmark tree (s) by the City and approved for the City to go upon the owner's property for monumentation, inspection and inventory. Trees may also be designated a Landmark tree(s) as part of a City development approval or permit process (See Section 10-3.09). For such case the Director shall sign the resolution after its adoption in lieu of the tree owner's(s') signature. The Director shall sign as owner for all City-owned trees. (b) The City Council, upon recommendation of the Planning Commission or Parks and Recreation Commission, shall, after making any revisions it deems appropriate, designate Landmark trees or Landmark groves by resolution. The Director shall administer the Landmark Tree Program for the City. (c) In the event a Landmark tree(s) owner desires to remove Landmark tree designation from his/her tree(s), the owner may petition the City Council to adopt a resolution repealing Landmark status from the tree(s). (d) No Landmark tree(s) shall be removed without the consent of the City Council, nor shall any Landmark trees be destroyed or damaged. (e) The Director shall maintain a permanent log of all trees designated. Such log shall consist of a copy of all resolutions designating Landmark trees. Each resolution shall contain a Landmark tree monumentation number, a photograph of the tree(s), a location map of the tree(s) on the property, the reasons why such tree(s) has been designated a Landmark tree(s), and the signature and owner's(s') name, and the address and legal description of the property upon which the tree(s) is located. The Director shall present a copy of the adopted resolution to the tree owner. 7 ORDINANCE NO. 521 C.S. PAGE 8 (f) The Director shall install a permanent marker upon or near each Landmark tree, identifying the tree as a Landmark tree, and containing the tree monumentation number. One marker may be used for a Landmark grove. (g) The Director shall cause the physical inspection and inventory of all Landmark trees every two (2) years to determine their condition and presence, and he/she shall report his/her findings publicly to the City Council, the Parks and Recreation Commission, and the Planning qommission, via the City Manager. (h) Upon the death of a Landmark'tree, the Director shall record the estimated date of death and suspected cause of death upon the resolution designating the tree. The Director shall use such information to assist in determining future tree preservation programs for the City. (i) No branches two inches (2") or larger on a Landmark tree shall be pruned without prior written approval of the Director or the City Tree Coordinator. Sec. 10-3.07. Tree Removal in Commercial. Multi-Familv. and Industrial Zones. (a) No person(s) shall allqw or cause the removal of any tree(s) on property used or zoned Commercial, Multi-Family Apartment, or Industrial without first obtaining a tree removal permit from the Director or Tree Coordinator. The permit is available at no charge. (b) Tree removal in the above locations without a permit shall constitute a misdemeanor violation of this chapter, and in addition, removed trees shall be replaced through payment by person or persons causing such loss to the City. The amount of such payment shall be the replacement value of the tree as determined by the Director, but in no event shall it be less than One Hundred Fifty Dollars ($150.00) per tree; and it shall be in addition to any criminal fine or penalty for Municipal Code violation. (c) The intended decision of the Director or Tree Coordinator for issuing or refusing a tree removal permit shall be based upon reasonable standards, including: (1) The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance. 8 ORDINANCE NO. 521 C.S. PAGE 9 (2) The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property. (3) The topography of the land and the effect of the tree removal on erosion and water retention. (4) The number, species, size and location of existing trees in the area and the effect of the tree removal on scenic beauty, historic values, and the general welfare of the City. (5) Good forestry practices in "general. (d) EXCEPTIONS: A tree removal permit is not required for the following: (1) Trees in hazardous condition that represent an immediate danger to health or property; or (2) Christmas tree lots; or (3) Fruit trees; or (4) Owners of firewood harvesting lots need not obtain a removal permit, if the species of trees harvested are eucalyptus or pines. Sec. 10-3.08. Public Utility Company Requirements. Public utility companies shall obtain a permit from the Director, which shall be valid for one calendar year, and notify the City forty-eight (48) hours prior to performing the following: (a) Removal of a street tree or any tree covered in Sections 10-3.06 and 10- 3.07; (b) Pruning of a street tree, Landmark tree, or any tree covered in Sections 10-3.06 and 10-3.07 for overhead power line clearance; and (c) Underground trenching within the dripline of a street tree, a Landmark tree, or any tree covered in Section 10-3.06 and 10-3.07. Sec. 10-3.09. Installation. Maintenance. and Removal of Trees RelatinQ to Property Development. (a) A tree planting fee is hereby established on issuance of all subdivision maps for development in the City of Arroyo Grande. The City Council shall, in a Council 9 ORDINANCE NO. 521 C.S. PAGE 10 resolution, set forth the specific amount of the fee. As described in the fee resolution, this tree planting fee shall be paid by each developer prior to issuance of a building permit. On an annual basis, the City Council shall review this fee to determine whether the fee amounts are reasonably related to the impacts of developments. The revenues raised by payment of this fee shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the City's future purchase and pl~nting of trees described in the resolution enacted pursuant to the above. The selection, purchase, planting, and future maintenance of such trees shall be performed by the Director. In lieu of said fee, at the election of the Planning Commission, the subdivider shall be responsible for the purchase, planting, maintenance and replacement, if necessary of such trees for twenty-four (24) months after planting and acceptance according to a uniform planting plan approved by the Director. The subdivider may be required to post a bond, the amount to be determined by the Planning Commission, to assure faithful performance. The bond may be held by the City for a maximum of two (2) years. (b) The Planning Commission may require a six-foot (6') tree planting easement on all or select streets within proposed subdivisions, in addition to dedicated planting easements for street trees in conformity with a uniform planting plan for the area involved. (c) All proposed changes in a public street right-of-way direction or width, or any proposed street improvement, shall, where feasible, include allowances for planting easements. Plans and specifications for planting such areas shall be integrated into the general plan of improvements, and it shall be the duty of the Director of Public Works to coordinate the design of such improvements with the Parks, Recreation and Facilities Director prior to the completion of the final overall plans. (d) No tree shall be removed on any undeveloped parcel for which a tree removal permit has not been issued or for which a tree removal plan has not been approved by the Planning Commission. Tree removal on undeveloped property without a permit or approved plan shall constitute a misdemeanor, and in addition, removed 10 ORDINANCE NO. 521 C.S. PAGE 11 trees shall be replaced through payment, by person or persons causing such loss, to the City. The amount of such payment shall be the replacement value of the tree, as determined by the Director, but in no event shall it be less that one Hundred Fifty Dollars ($150.00) per tree, and it shall be in addition to any criminal fine or penalty for Municipal Code violation. (e) All grading, building, conditional use, tract map, parcel map, planned development, and other development prpposals submitted to the City shall be accompanied by an accurate map identifying and locating all existing trees upon the property for which application is received and all existing trees that are off-site but affected by the project. Such map shall also identify all existing trees that are proposed by the applicant for removal or destruction, and such trees shall be visibly marked for the Director's inspection. The Director, or his/her designee, shall locate all trees upon the applicant's and affected property and prepare a written report to the permit-granting authority within two (2) calendar weeks of the permit application having been received by the City. (f) The Director's report to the permit-granting authority shall contain: (1 ) Recommendation as to which trees should be preserved and protected from removal and/or relocation. (2) Recommendation as, to which trees should receive Landmark designation. (g) The permit-granting authority shall not issue a permit until receiving and reviewing the Director's recommendations. The permit-granting authority shall not be bound to honor the Director's recommendations. The permit-granting authority shall have the authority to approve and issue a permit with conditions requiring protection and preservation of any or all trees affected by the permit. (h) The killing, removal, or damaging, intentionally or accidentally, of any tree, because of development activity, shall result in a separate administrative penalty to be paid, through payment by person or persons causing such loss, to the City. Said payment shall be the amount of the value of the tree, as set forth in the Manual for Plant 11 ORDINANCE NO. 521 C.S. PAGE 12 Appraisers. published by the Council of Tree and Landscape Appraisers, but in no event shall the payment be less than One Hundred Fifty Dollars ($150.00) per tree. The intentional killing, removal or damaging of any tree, as a result of development activity, shall constitute a misdemeanor. (i) If the permit-granting authority approves the removal of any oak tree or other tree as defined in Section 10-3.02, when related to property development, the tree owner(s) of such tree(s) shall replace eac~ tree removed at a 3:1 replacement ratio. The size, specie, and location of replacement trees shall be determined by the Director, in writing, before the permit is issued. Replacement trees shall be maintained and cared for by the owner(s) when planted on his parcel. If not planted on the owner's parcel, the Director may identify a site for planting replacement tree(s), and the City will be responsible for maintenance thereof. U) In the event the permit-granting authority desires Landmark designation for any tree, the permit-granting authority shall convey such recommendation to the City Coun,cil via the Planning Commission for consideration and recommendation and shall withhold issuance of such permit until the City Council has adopted a resolution conferring Landmark designation. (k) In the event the City Council adopts a resolution conferring Landmark designation upon a tree(s) during the development process, a permit shall be issued only with condition that the designated tree(s) shall not be removed or disturbed. Failure to comply with this condition shall result in a misdemeanor. There will be a separate administrative penalty of Five Thousand Dollars ($5,000) to the tree owner for each Landmark tree removed, destroyed or killed as a result of construction or development activity, regardless of whether the removal was intentional. (I) All administrative penalties recovered by the City, pursuant to this chapter of the Municipal Code, shall be deposited in a City fund, the assets of which shall be used for tree planting, care and administration of this chapter of the Municipal Code. (m) Trees designated to remain on the tree removal plan shall be protected prior to and during construction by the owner(s), using the following measures: 12 ORDINANCE NO. 521 C.S. PAGE 13 (1 ) Each tree or group of trees designated to remain shall be protected by an enclosure of a five-foot (5') fence, prior to the beginning of construction. The fence shall be wooden, chain link, or plastic barricade fencing. The location of the fence is normally at the dripline of the tree, but it may adjusted or omitted with the Director's written approval. (2) No parking of vehicles or equipment or storage of materials shall be permitted within the dripline of the trees desi~nated to remain. (3) In the event the underground utilities must be placed within the dripline of the trees to remain, the utilities shall be installed by aurguring at twenty-four inches (24") minimum depth or by hand trenching. If roots over one inch (1 ") in diameter are encountered, the roots shall be preserved without injury. No machine trenching within a tree's dripline shall be permitted, unless authorized, in writing, by the Director. (4) A performance bond may be required, in a form acceptable to the City and prior to issuance of an entitlement, to assure protection of trees on the site. The amount of any set bond shall be One Thousand Five Hundred Dollars ($1,500), or the value of affected trees, whichever is greater, based on the Manual for Plant Appraisers, Council of Tree and Landscape Appraisers. The latest edition is to be available for review in the Community Development Department. If, in the opinion of the certified arborist, no violation or damage has occurred during construction, the bond shall be returned upon final building inspection. However, if damage has occurred, the bond shall be held for three (3) years and forfeited if, in the opinion of the certified arborist, permanent damage has occurred. (5) Failure to comply with tree preservation requirements shall result in the Director issuing a stop work order until all requirements have been met. (n) Upon determination that a conditioned tree or Landmark tree has died, been destroyed or removed as a result of construction or development activity, the Council may stop further construction or development activity until the administrative penalty is paid. 13 ORDINANCE NO. 521 C.S. PAGE 14 (0) When the City requires tree pruning, the tree service contractor performing the work shall use an arborist certified by the Western Chapter of the International Society of Arboriculture. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall effect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, clause :pr phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office" of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall become effective thirty (30) days after the date of its adoption. On motion of Council Member , seconded by Council Member and on the following roll call vote, to-wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of ,2000. 14 ORDINANCE NO. 521 C.S. PAGE 15 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 15 8.i. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~ SUBJECT: FAIR OAKS AVENUE/TALLY HO ROAD OVERLAY PROJECT PROJECT NO. PW-2000-3 - PROGRESS PAYMENT NO.4 DATE: DECEMBER 12, 2000 RECOMMENDA TION: It is recommended the City Council authorize Progress Payment NO.4 in the amount of $269,548.56 to R. Burke Corporation for the Fair Oaks Avenue/Tally Ho Road Overlay capital improvement project. FUNDING: On June 27,2000, the Council awarded a construction contract for the Fair Oaks Avenue/ Tally Ho Road Overlay Project to R. Burke Corporation in the amount of $599,559 and authorized a contingency of $142,591 to be used for unanticipated costs during the construction phase of the project ($742,150 total available funding). DISCUSSION: The City received an application for Progress Payment NO.4 from R. Burke Corporation for work completed between October 3, 2000 and November 6, 2000. Staff has reviewed the application and has determined that the amount requested is in conformance with the quantity of work completed as of November 6, 2000. Progress Payment NO.4 is in the amount of $269,548.56 of which $29,949.84 will be held in retention until the project is completed in accordance with the project specifications. Attachment: Application for Progress Payment NO.4 rsv:232, 5630\constructionADM\Progress. Pay .4. wpd cu:y of Avvoyo-Gv~ Public Works Department Application for Progress Payment No.4 Contract Name: Fair Ollks Avrnu., V.11<y Road and Tally Ho Road Contract No: 2001).02 City Account No: 351).5806-7001 . $269,548.56 Payment Date: 11;15/.1000 I Bid Estimate I Amended Estimate Pav to Date I Bid Unit Unit Unit Percent Item Unit Desctiotion Q\v Price AmoII1t Q\v Price Amount Q\v Price Amount Comolete PHASE I Genera Remiremenls 1 LS MobiHzation Allowance 1 $ 5000,00 $ 5000,00 : 1 $ 5000,00 $ 5000,00 1 $ 5000,00 $ 5000,00 100% 2 LS Traffic Control 1 $ 7500,00 $ 7500,00 , 1 $ 7500,00 $ 7 500,00 1 $ 7500,00 $ 7500,00 100% 3 LS Trench Sheetinn Shorinn or Bracinn 1 $ 600,00 $ 600,00 1 $ 600,00 $ 600,00 1 . $ 600,00 $ 600,00 100% 4 LS Construction SUrvev 1 $ 1 400,00 $ 1 400,00 1 $ 1 400,00 $ 1 400,00 1 $ 1 400,00 $ 1 400,00 100% SURFACE IMPROVEMENTS 5 LS Grindino Pavement 1 $ 19 500,00 $ 19500,00 1 $ 19500,00 $ 19500,00 1 $ 19500,00 $ 19500,00 100% 6 SF AC Patch ReDair 3630 $ 3.40 $ 12342,00 7793 $ 3,40 $ 26 496,20 7793 $ 3,40 $ 26496.20 100% 7 TON Class B Asnha~ Concrete 2300 $ 50,00 $ 115000,00 2071 $ 50,00 $ 103547,50 2071 $ 50,00 $ 103547,50 100% 8 LF Concrete CUi> and Gutter 742 $ 21,00 $ 15582,00 728 $ 21,00 $ 15288,00 728 $ 21,00 $ 15288,00 100% 9 EA Concrete Cross Gutter and SDandrels 2 $ 4800,00 $ 9600,00 2 $ 4800,00 $ 9600,00 2 $ 4800,00 $ 9600,00 100% 10 EA Wheelchair Ramo 10 $ 1 380,00 $ 13800,00 8 $ 1 380,00 $ 11 040,00 8 $ 1 380,00 $ 11 040,00 100% 11 SF Drivewav Ramo 726 $ 6,00 $ 4356,00 770 $ 6,00 $ 4620,00 770 $ 6,00 $ 4620,00 100% 12 EA Conduils for Traffic Sinnals 1 $ 15000,00 $ t50oo,oo 1,00 $ 15000,00 $ 15000,00 1,0 $ t5ooo,oo $ 15000,00 100% 13 SF Concrete Sidewalk 850 $ 4,30 $ 3655,00 953 $ 4,30 $ 4097,90 953 $ 4,30 $ 4097,90 100% 14 LS ReoIace Frames and Covers 1 $ 8000,00 $ 8000,00 1 $ 8000,00 $ 8000,00 1 $ 8000,00 $ 8000,00 100% 15 LS Pavement Deineation 1 $ 5800,00 $ 5800,00 1 $ 5800,00 $ 5800,00 1 $ 5800,00 $ 5800,00 100% 16 LF Curb Paintinn 12-Coals 1 300 $ 0,90 $ 270,00 300 $ 0,90 $ 270,00 o $ 0,90 $ - 0% UTILITIES 17 1 LS 1 Reolace Traffic Sional Looos 1 11 $ 11500,00 1 $ 11500,00 01 $ 11500,00 I $ - o $ 11 500,00 1 $ - 1 100% STORM DRAIN IMPROVEMENTS 18 LF 18' HDPE S10rm Drain PiDe 38 $ 83,00 $ 3154,00 38 $ 83,00 $ 3154,00 38 $ 83,00 $ 3154,00 100% 19 LF 24' HDPE S10rm Drain Pioe 62 $ 120,00 $ 7440,00 9,5 $ 120,00 $ 1140,00 9,5 $ 120,00 $ 1140,00 100% 20 EA S10rm Drain MamoJe 1 $ 3400,00 $ 3400,00 1 $ 3400,00 $ 3400,00 1 $ 3400,00 $ 3400,00 100% 21 LF French Drain - Ind, Pine Fi~er and Backfil o $ - $ - o $ - $ - 0 100% 22 EA S10rm Drain Drop Inlel 1 $ 5,400,00 $ 5,400,00 1 $ 5,400,00 $ 5,400,00 1 $ 5,400,00 $ 5,400,00 100% Per Detail Al18 W= 7ft 23 EA S10rm Drain Drop lniet, 1 $ 8,800,00 $ 8,800,00 1 $ 8,800,00 $ 8,800,00 1 $ 8,800,00 $ 8,800,00 100% Per Detail B/18 W= 14ft 24 LS Removal and DiSDosal of Ex, SD Faciities 1 $ 2000,00 $ 2000,00 1 $ 2000,00 $ 2000,00 1 $ 2000,00 $ 2000,00 100% SUBTOTAL BID - PHASE I $ 279 099 $ 261 654 $ 261 383,60 100% PHASE a GENERAL REQUIREMENTS 25 1 LS Mobilization Allowance 1 11 $ 2000,00 1 $ 2000,00 1 11 $ 2000,00 I $ 2000,00 1 $ 2000,00 1 $ 2000,00 1 100% 26 1 LS Traffic Control 1 11 $ 1 900,00 1 $ 1 900,00 1 11 $ 1 900,00 I $ 1 900,00 1 $ 1 900,00 1 $ 1 900,00 1 100% 27 I LS Cons1nJction Survey 1 11 $ 900,00 1 $ 900,00 I 11 $ 900,00 I $ 900,00 1 $ 900,00 $ 900,00 100% SURFACE IMPROVEMENTS 28 LS Grindino Pavement 1 $ 6500,00 $ 6500,00 1 $ 6500,00 $ 6500,00 1 $ 6500,00 $ 6500,00 100% 29 SF AC Patch RADalr 8800 $ 2,65 $ 23320,00 5544 $ 2,65 $ 14691,60 5544 $ 2,65 $ 14691.60 100% 30 TON Class B Asoha~ Concrete 700 $ 54,00 $ 37800,00 1891 $ 54,00 $ 102118,86 1891 $ 54,00 $ 102 118,86 100% 31 LS RADlace Frames and Covers 1 $ 1 200,00 $ 1 200,00 1 $ 1 200,00 $ 1 200,00 1 $ 1 200,00 $ 1 200,00 100% 32 LS Pavement Deineation 1 $ 2 800,00 $ 2800,00 1 $ 2800,00 $ 2800,00 1 $ 2 800,00 $ 2800,00 100% 33 LF Cl6b Paintina (2,Coals) 400 $ 0,80 $ 320,00 400 $ 0,80 $ 320,00 $ 0,80 $ - 0% SUBTOTAL BID - PHASE a $ 76740.00 $ 132430.48 $ 132110.46 100% PHASE IU GENERAL REQUIREMENTS 34 LS Mobilzation ABowance 1 $ 5000,00 $ 5000,00 1 $ 5000,00 $ 5000,00 1,0 $ 5000,00 $ 5000,00 100% 35 LS Traffic Control 1 $ 4000,00 $ 4000,00 1 $ 4000,00 $ 4000,00 1,0 $ 4000,00 $ 4000,00 100% 36 LS Trench Sheetina, Shorinn or Bracinn 1 $ 500,00 $ 500,00 1 $ 500,00 $ 500,00 1,0 $ 500,00 $ 500,00 100% 37 LS Construction Survev 1 $ 2700,00 $ 2700,00 1 $ 2700,00 $ 2700,00 1,0 $ 2700,00 $ 2700,00 100% SURFACE IMPROVEMENTS 38 LS Grindinn Pavement 1 $ 19500,00 $ 19 500,00 1 $ 19500,00 $ 19500,00 1 $ 19500,00 $ 19500,00 100% 39 SF A,C Patch Renair 5275 $ 3,60 $ 18990,00 1916 $ 3,60 $ 6897,60 1916 $ 3,60 $ 6897,60 100% 40 TON Class B AsDha~ Concrete 2600 $ 50,00 $ 130000,00 3161 $ 50,00 $ 158050,00 3161 $ 50,00 $ 158050,00 100% 41 LF Concrete Curb and Gutter 60 $ 25,00 $ 1 500,00 102 $ 25,00 $ 2537,50 102 $ 25,00 $ 2 537,50 100% 42 SF Drivewav Ramn 240 $ 7,00 $ 1 680,00 195 $ 7,00 $ 1 365,00 195 $ 7,00 $ 1 365,00 100% 43 LF I Asoha~ Concrete Dike 70 $ 7,00 $ 490,00 135 $ 7,00 $ 945,00 135 $ 7,00 $ 945,00 100% 44 LS ReoIace Frames and Covers 1 $ 6000,00 $ 6000,00 1 $ 6000,00 $ 6000,00 1,0 $ 6000,00 $ 6 000,00 100% 45 LS Pavement Deineation 1 $ 3 000,00 $ 3000,00 1 $ 3000,00 $ 3000,00 o $ 3000,00 $ , 0% 46 LF Cl6b Paintinn 12,Coals1 450 $ 0,80 $ 360,00 450 $ 0,80 $ 360,00 o $ 0,80 $ 0% STORM DRAIN IMPROVEMENTS 47 I LS I Culvert Svstem I 11 H9000,OO S 49000,00 11 $ 49 000,00 $ 49000,00 11 $ 50 325,00 $ 50325,00 100% 48 EA I Asnhatt Concrete Overside Drain I 2 $ 500,00 $ 1 000,00 21 $ 800,00 $ 1 600,00 2 $ 800,00 $ 1 600,00 100% SUBTOTAL BID - PHASE. $ 243 720.00 $ 281455.10 $ 259420.10 99% CONSTRUCTION COST - PHASE I,ll & III $ 599 559.00 $655 539.18 $ 852,914.18 100% Contract Change Orde... No,l Arrrnended quatities are reflected in above items - See CCO No, 1 $ - na na No,2 There are fO<l" items in 1his ceo, See CCO No, 2 ; Plus two (2) days S - S 6677,59 1,00 S 6677,59 100% No,3 There are two items in 1his CCO,; Plus nne (9) worldng dayS S $ 47470,00 1.00 $ 47470,00 100% No,4 Rework at South VaHey $ , $ 2000,00 1,00 $ 2000,00 100% TOTAL CCO COST - PHASE I,ll & III $ 56147,59 $ 56147,59 100% TOTAL CONSTRUCTION COST - PHASE I,ll & III I $ 599,559.00 $ 711888.75 $ 709 081,75 100'1. / )-~O ~O6 Date \\. \1, 00 Pay to Date $ 709,061.75 Retention $ 70,906.18 Date Prev iow Payments $ 368,607.02 J '2., 4-: vi) Prey ious Retention $ 40,956.34 This Payment S 269,543.56 . This Retention S 29,949.84 Date Contract Start Date: 7/13/00 P-d -(10 Original Contract Days: 75 -_.. Adjusted Contract Days: 9 Adjusted Contract End Date: 10/4/00 Smd Pavmmtto: R Burke Cotporation PO Box 957 San Luis Obispo, CA 93406 8.j. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: AWARD OF CONTRACT FOR THE FAIR OAKS AVENUElVALLEY ROAD TRAFFIC SIGNAL, PROJECT NO. PW-2000-7 DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council: A. award a contract for the Fair OaksNalley Road Traffic Signal to Lee Wilson Electric Company in the amount of $108,652.50; B. authorize the City Manager to approve change orders not to exceed a contingency amount of $10,865 for use only if needed for unanticipated costs during the construction phase of the project; C. direct staff to issue the Notice of Award and Notice to Proceed; and D. appropriate $12,112 from the Traffic Signalization Fund. FUNDING: The FY 2000/01 adjusted Capital Improvement Program includes $118,271 ($111,000 for construction and construction contingencies and $7,271 for contract administration and inspection) for the Fair Oaks AvenueNalley Road Traffic Signal project. The construction amount of $108,652.50 including a 10% construction contingency of $10,865.25 and a 10% contract administration and inspection amount of $10,865.25 provides for a total construction amount of $130,383. The total available budget of $118,271 will require an additional appropriation of $12, 112 to provide the recommended construction funds to complete the project. The FY 2000/01 projected year-end fund balance for the Traffic Signalization Fund is approximately $174,322.00. This $12,112 allocation will bring the year-end fund balance to $162,210.00. DISCUSSION: On November 14, 2000, the City Council authorized staff to solicit bids for the Fair Oaksl Valley Road Traffic Signal capital improvement project. On December 1, 2000, one bid was publicly opened for the project. The bid was submitted by Lee Wilson Electric Company, Inc. in the amount of $108,652.50. The project consists of installing a 3-way traffic signal at the intersection of Valley Road and Fair Oaks Avenue including traffic controller and detection loops. The bid has been verified for accuracy and found to be in compliance with the contract specifications. The contract provides for the work to be completed in 90 calendar days. Work is anticipated to begin at the end of December 2000. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: -Approve staffs recommendations; -Do not approve staffs recommendations; -Modify as appropriate and approve staffs recommendations; or -Provide direction to staff. Attachment: 1. Bid Opening Log Sheet rsv:232.5636\Award.Contract,wpd . BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: December 1, 2000 Traffic Signals and Lighting at Fair Oaks AveNalley Road Engineer's Estimate - $90,000 BIDDER'S NAME, CITY TOTAL Lee Wilson Electric $108,652.50 Arroyo Grande L.- / L J lnv)-l-C- I Kelly etm re Director of Administrative Services c: Director of Public Works City Manager 8.k. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM (DBE) FOR FFY 2000/01 DATE: DECEMBER 12, 2000 RECOMMENDA TION: It is recommended the City Council approve the submittal of the City's FFY 2000/01 DBE Program with "established" overall annual DBE goals to Caltrans. FUNDING: It is anticipated the following Federal-aid highway funds will be expended for the City of Arroyo Grande in FFY 2000/01: . Phase " of The Scenic Walk Through the Historic Village of Arroyo Grande (construction) - Federal Transportation Enhancement Activities (TEA) funds in the amount of $244,400. . Traffic Way Bridge Rail Replacement (design and construction) - Federal Bridge Rail Replacement Program funds in the amount of $ $117,600. . Bridge Street Bridge Replacement (design) - Highway Bridge Replacement and Rehabilitation Program (HBRR) funds in the amount of $49,600. DISCUSSION: On September 26, 2000, the Council approved the submittal of its FFY 2000/01 DBE Program with "proposed" Overall Annual DBE Goals to Caltrans. The City's DBE Program proposed a 7% overall annual DBE goal. The Council also directed the Director of Administrative Services to publish a public notice in the local newspaper in accordance with Section XIV of the DBE Program. The notice was published on October 4,2000 and the public comment period ended November 17, 2000. There were no public comments received by either the City or Caltrans. The City's FFY 2000/01 DBE Program with "established" overall annual DBE goals, proof of publication, and summary of the public participation process and comments are due to be submitted to Caltrans by January 1,2001. DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM (DBE) FOR FFY 2000/01 DECEMBER 12, 2000 PAGE 2 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; - Provide direction to staff. Attachments 1. Letter to Caltrans with "established" overall annual DBE goals. 2. Final Disadvantaged Business Enterprise (DBE) Program for FFY 2000/01. jep:232.0001 (19)\00.01 DBE\Staff.Report.12.12.00.wpd (City of Arroyo Grande Letterhead) December 13, 2000 Mr. Jerald T. Gibbs, Local Assistance Engineer Caltrans District 5 50 Higuera Street San Luis Obispo, CA 93401 Subject: Established Annual Overall Disadvantaged Business Enterprise (DBE) Goal Information Dear Mr. Gibbs: The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious participation, and any DBE program updates are presented herein in accordance with Title 49 of the Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual. The City of Arroyo Grande submits our annual overall goal information (and any needed updates of our DBE program) for your review and comment. We have established an annual overall DBE goal of 7% for the Federal Fiscal Year 2000/01, beginning on October 1, 2000 and ending on September 30, 20001. Methodology The "Utilizing the Bidders List" methodology was used to determine the City of Arroyo Grande's overall goal for Federal fiscal Year FY 2000/01. The City of Arroyo Grande elected to utilize the following methodology in establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2000/01. For the Numerator: DBE Firms in City of Arrovo Grande's Bidders List For the Denominator: All Firms in City of Arroyo Grande's Bidders List The City of Arroyo Grande calculated its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 1999/00 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande measured the availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT-assisted contracting in FY 1999/00. . Mr. Jerald T. Gibbs December 13, 2000 Page 2 Application of this formula yielded the following baseline information: Number of Readv. Willing and Able DBE's = BASE FIGURE Number of All Ready, Willing and Able Firms The Base Figure resulting from this calculation was determined to be 0%. As this is the first year the City of Arroyo Grande has used this methodology in determining its overall annual DBE goal, it was concluded that there was not enough known relevant evidence at this time to determine the number of ready, willing and able DBEs by work category. Therefore, the Base Figure for FYV 2000/01 was adjusted by dividing the total number ready, willing and able DBEs in the City's FY 1999/00 Bidders List by the number of the total number of firms in the City's FY 1999/00 Bidders List bidders list for FFY 2000/01 . DBE Firms in City of Arrovo Grande's Bidders List = BASE FIGURE All Firms in City of Arroyo Grande's Bidders List The Base Figure resulting from this calculation was determined to be 7%. Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 7% goal for DBE participation, the City of Arroyo Grande projects meeting 6% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 1 % of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. DBE Program Updates N/A. Public Participation Process The City of Arroyo Grande has completed its public participation process. A public notice was published on October 4,2000 in the Five Cities Times-Press-Recorder. The City made available to the public a copy of its FFY 2000/01 DBE Program with "proposed" Overall Annual DBE Goal for 30 days following the date of publication. In addition, the City allowed 45 days following the date of publication (or November 17, 2000) to receive public comment. No comments were received by either the City or Caltrans District 5. A copy of the public notice with proof of publication is included with this letter. Mr. Jerald T. Gibbs December 13, 2000 Page 3 Please contact me at (805) 473-5440 or Jill Peterson, Consultant Senior Engineer, at (805) 544-4011 if you have any questions regarding this information. Sincerely, ~ - .,'" Steven Adams City Manager Attachment: Proof of Publication jep:232,0001 (19)\00,01 DBE Program\Established.GoaI.Ltr.wpd PROOF OF PUBUCAT\ON This space for the County Clerk's Filing Stamp 'l (2015.5 C.C.P.) , ST ATE OF CALIFORl'llA COUNlY OF SA. ~ LUIS OBISPO 1 am a citizen of the United States and a resident of the County aforesaid: 1 am over the age of eighteen years, and not a partY to or interested in the above-entitled matter. 1 am the principal clerk of the printer of the Five Cities TIMES_PRESS-RECORDER, a combination of - Pisroo Times, Grover City Press and Arroyo Grande PROOF OF PUBLICATION OF Herald-Recorder, a newspaper of general circulation, published in the CitY of MOYO Gf1JIlde, County of San Luis Obispo, California. and which newspaper bas been - - adjudged a newspaper of general circulation by the Superior Court of San Luis Obispo, State of California, - under the date of December 17, 1951, Case Number 1881 L that the notice of which the annexed is a printed paste Clipping of Notice SECURELY In This Space " copy (set in type not sroaller than nonpareil), bas been PUBLIC NOTICE published in each regular and entire issue of said newspaper and not in any supplement thereof on the PUBLIWOTICE ARR~O OF following dates, to-wit: ' NOTICE IS GRANDE GIVEN that, HE~EBY oct. 4 ~~~ao ~randethta;I~~tag! ~ISadV!lllt~~derauB Al)nual - nterpnse oal '. usmess ,contractinf, '. ,applicable to $Cheduled 0 be ~PPi::1unities - - 'T&othe period ofWOct~g:ur- ~001. tIJfg~~i~?teFber 36: rande's p o Arroyo - - ' Annual Goaf~s~ OyeraU ~ere developed' Its rationale .S. " De' m response to all in the year 20Jill- br.an~ortatig:r:.men N of Isa vantaged ew ~ntelise Pro' Business ul~ ~9 CPR pJ{~m Final avada Ie ~. and are 1 certify (or declare) under penalty of perjury that the '~~op~rs~t~~r~~~\[g~ a.m.,to 5:00 ce, from .:00 foregoing is trUe and correct. DaYI~ht 'ti p.w, , Pacific . thrOu Frida me, Monday , p~p ace of ?us~~ our rorinCI- a . ." , ' "ess ocated :,C!rio~" " .,_~ " ffi yo-Onm<le Dated at Arroyo Grande, California. Admiiri I;e of ' , '214 ~~~c~rices ArroyoGrande Cal.yeet, this 4th _day of oct. 2000 ' ' 9342b I onua Phone: ~05JtZ3~5400 - - We Ass' wwwarro . ~dAj CommentsJiy~de.org , on the Goal fi. accef.ted \f2vl~ day~ from~~f!>~-five 45) Nouce. Comm da e of this warded to the ~ts can be for- - - Grande at the l:&oof Arroyo ~~t orl~~~ ~.d:~~~ Signature ~8~eer.Cal~st~ls\ance . guera Stree IstnCt 5 , 8~~' Californi:'9~.w I Luis 'CaliforJ~ '.ftfo~ Grande October 000 s , ., d day of j ,K~ny Wetmo . .," ,'<.' ' . D1J'ect re,,' ,," .,' Servic~ Admin~strative . No 80210 PU% CI![Clerk 2000. " PU., I , Oct. 4 ' ! .' .~ PROOF OF PUBLICATION ----- City of Arroyo Grande Disadvantaged Business Enterprise (DBE) Program for FFY 2000/01 City of Arroyo Grande Public Works Department P.O. Box 550 Arroyo Grande, CA 93421 (805) 473-5440 December 2000 * This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 CITY OF ARROYO GRANDE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM I. Definitions of Terms The terms used in this program have the meanings defined in 49 CFR 926.5. II. Objectives/Policy Statement (9926.1,26.23) The City of Arroyo Grande has established ~ Disadvantaged Business Enterprise (OBE) program in accordance with regulations of tbe U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Arroyo Grande has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of Arroyo Grande will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Arroyo Grande to ensure that OBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: . To ensure nondiscrimination in the award and administration of OOT-assisted contracts; . To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; . To ensure that the DBE Program is narrowly tailored in accordance with applicable law; . To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; . To help remove, barriers to the participation of DBEs in DOT -assisted contracts; and . To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Director of Public Works has been delegated as the DBE Liaison Officer. In that capacity, the Director of Public Works is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Arroyo Grande in its financial assistance agreements with the California Department of Transportation (Caltrans ). The City of Arroyo Grande has disseminated this policy statement to the Arroyo Grande City Council and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT -assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. City of Arroyo Grande DBE Program for FFY 2000/01 Page 1 December 2000 III. Nondiscrimination (926.7) The City of Arroyo Grande will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of Arroyo Grande will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DSE program with respect to individuals of a particular race, color, sex, or national origin. IV. DBE Program Updates (926.21) The City of Arroyo Grande will continue to carry out this program until the City of Arroyo Grande has established a new goal setting methodology or until significant changes to this DSE Program are adopted. The City of Arroyo Grande will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (926.43) The City of Arroyo Grande will not use quotas or set asides in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (926.45) The City of Arroyo Grande has designated the following individual as the DSE Liaison Officer: Mr. Don Spagnolo, P.E. Director of Public Works/City Engineer City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5440 dspagnolo@arroyogrande.org In that capacity, Mr. Spagnolo is responsible for implementing all aspects of the DSE program and ensuring that the City of Arroyo Grande complies with all provisions of 49 CFR Part 26. This is available on the Internet at: osdbuweb.dot.gov/main.cfm. Mr. Spagnolo has direct, independent access to the City Manager concerning DSE program matters. The DSELO has a staff of two support personnel who will devote a portion of his/ her time to the program. An organization chart displaying the DSELO's position in the organization is found in Attachment A to this program. City of Arroyo Grande DBE Program for FFY 2000/01 Page 2 December 2000 The DBELO is responsible for developing, implementing and monitoring the DSE program, in coordination other appropriate officials. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of Arroyo Grande's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DSE training seminars. 13. Provides outreach to DSEs and community organizations to advise them of opportunities. VII. Federal Financial Assistance Agreement Assurance (926.13) The City of Arroyo Grande will sign the following assurance, applicable to all FHWA-assisted contracts and their administration as part of the program supplement agreement for each project: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DSE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). City of Arroyo Grande DBE Program for FFY 2000/01 Page 3 December 2000 VIII. DBE Financial Institutions It is the policy of the City of Arroyo Grande to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use ofthese institutions. Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. Directory (~26.31) The City of Arroyo Grande will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at: www.dot. ca.gov/hq/bep. X. Overconcentration (~26.33) The City of Arroyo Grande has not identified any types of work in DOT -assisted contracts that have a overconcentration of DBE participation. If in the future the City of Arroyo Grande identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the DLAE for approval. XI. Business Development Programs (~26.35) The City of Arroyo Grande does not have a business development or mentor-protege program. If the City of Arroyo Grande identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approval. XII. Required Contract Clauses (~~26.13, 26.29) Contract Assurance The City of Arroyo Grande ensures that the following clause is placed in every , DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance ofthis contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. City of Arroyo Grande DBE Program for FFY 2000/01 Page 4 December 2000 Prompt Pavment The City of Arroyo Grande ensures that the following clauses or equivalent will be included in each DOT -assisted prime contract: Satisfactory Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of Arroyo Grande. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both OBE and non-DBE subcontractors Release of Retainage The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Arroyo Grande. This clause applies to both DBE and non-DBE subcontractors. XIII. Monitoring and Enforcement Mechanisms (926.37) The City of Arroyo Grande will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award the City of Arroyo Grande will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Preconstruction Conference A preconstruction conference will be scheduled between the RE and the contractor or their representative to discuss the work each DBE subcontractor will perform. Before work can begin on a subcontract, the local agency will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. When the RE receives the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be City of Arroyo Grande DBE Program for FFY 2000/01 Page 5 December 2000 approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-1 of the LAPM or equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in exces:s of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17 -F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. Construction Contract Monitoring The RE will ensure that the RE's staff (inspectors) know what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly truck document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. Providing evidence of DBE payment is the responsibility of the contractor. City of Arroyo Grande DBE Program for FFY 2000/01 Page 6 December 2000 Substitution When a DBE substitution is requested, the RE/Contract Managerwill request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract' Manager's mind regarding the requested substitution, the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DB E prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17 -F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBEs shown on the completed Exhibit 17 -F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15-G when: . There have been no changes made by the RE. . The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17 -F. The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. City of AffOYO Grande DBE Program for FFY 2000/01 Page 7 December 2000 The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor the City of Arroyo Grande's commitment to require bidders list information to be submitted to the City of Arroyo Grande from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Arroyo Grande will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in cOhnection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in ~26.1 09. The City of Arroyo Grande also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (~26.45) Amount of Goal The City of Arroyo Grande's overall goal for the Federal fiscal year FY 2000/01 is the following: 7% of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 1 % race-conscious and 6% race-neutral components. Methodology The "Utilizing the Bidders List" methodology was used to determine the City of Arroyo Grande's overall goal for Federal fiscal Year FY 2000/01. 1. DOT-Assisted Contracting Program for FYV 2000/01 The following represents the City of Arroyo Grande's projected FHWA funded contracts and expenditures by work category and corresponding North American Industry Classification System (NAICS) for FFY 2000/01: City of Arroyo Grande DBE Program for FFY 2000/01 Page 8 December 2000 Engineering Services 541330 $ 49,600 19% Other Heavy Construction 234990 $ 214,400 81% TOTAL $ 264,000 100% 2. Goal-methodology Step I: Determination of a Base Figure (49 CFR 26.45) The City of Arroyo Grande elected to utilize the following methodology in establishing the City of Arroyo Grande's Base Figure of relative DBE availability for FFY 2000/01. For the Numerator: DBE Firms in City of Arroyo Grande's Bidders List For the Denominator: All Firms in City of Arroyo Grande's Bidders List The City of Arroyo Grande will calculate its weighted Base Figure by first determining the number of ready, willing and able DBEs in its FY 1999/00 Bidders List by work category, and dividing the number of DBEs by the total number of firms in the same work category. Through this method, the City of Arroyo Grande can measure availability by the number of firms that have directly participated in, or attempted to participate in, City of Arroyo Grande's DOT-assisted contracting in FY 1999/00. Application of this formula yields the following baselfne information: Number of Ready. Willing and Able DBE's = BASE FIGURE Number of All Ready, Willing and Able Firms The Base Figure resulting from this calculation is as follows: Base Figure = .19(DBEs in 541330) + . 25(DBEs in 234990) Firms in 541330 Firms in 234990 Base Figure = { .19(0) + .25(0) } (0) (0) Base Figure = [ .19(0) + .25(0) ] City of A"oyo Grande DBE Program for FFY 2000/01 Page 9 December 2000 Base Figure = [ 0 + 0] x 100 Base Figure = [ 0] x 1 00 = 0% Step II: Adjusting the Base Figure As this is the first year the City of Arroyo Grande has used this methodology in determining its overall annual DBE goal, it was concluded that there is not enough known relevant evidence at this time to determine the number of ready, willing and able DBEs by work category. Therefore, the Base Figure for FYY 2000/01 has been adjusted by dividing the total number ready, willing and able DBEs in the City's FY 1999/00 Bidders List by the numb~r of the total number of firms in the City's FY 1999/00 Bidders List bidders list for FFY 2000/01. DBE Firms in City of Arrovo Grande's Bidders List = ~ = 7% All Firms in City of Arroyo Grande's Bidders List 42 Breakout of Estimated Race-Neutral and Race-Conscious Participation Of the overall annual 7% goal for DBE participation, the City of Arroyo Grande projects meeting 6% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unburidling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The remaining 1 % of the goal is anticipated to be accomplished through race-conscience measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City's overall annual DBE goal. Process Starting with the Federal fiscal year 2002, the amount of overall goal, the method to calculate the goal, and the breakout of estimated race-neutral and race-conscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHW A recipients will follow this process: Once the DLAE has responded with preliminary comments and the comments have been incorporated into the draft overall goal information, the City of Arroyo Grande will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of Arroyo Grande's principal office for 30 days following the date of the notice, and informing the public that City of Arroyo Grande comments will be accepted on the goals for 45 days City of A"oyo Grande DBE Program for FFY 2000/01 Page 10 December 2000 following the date ofthe notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and City of Arroyo Grande's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Arroyo Grande may begin using the overall goal on October 1 of each year. If there is a design build please refer to Appendix B of this DBE Program. xv. Contract Goals (926.51) The City of Arroyo Grande will use contract goals to meet any portion of the overall goal the City of Arroyo Grande does not project being able to meet by the use of race-neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT -assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI. Transit Vehicle Manufacturers (926.49) If DOT -assisted contracts will include transit vehicle procurements, the City of Arroyo Grande will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The City of Arroyo Grande will direct the transit vehicle manufacturer to the subject requirements located on the Internet at: http://osdbuweb.dot.gov/programs/dbe/dbe.htm. City of A"oyo Grande DBE Program for FFY 2000/01 Page 11 December 2000 XVII. Good Faith Efforts (926.53) Information to be Submitted The City of Arroyo Grande treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to: City of Arroyo Grande Attn: Director of Administrative ServibeS P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm participation; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to part 26 which is attached. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: The City of Arroyo Grande Director of Public Works. The City of Arroyo Grande will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. City of Arroyo Grande DBE Program for FFY 2000/01 Page 12 December 2000 Administrative Reconsideration Within 10 days of being informed by the City of Arroyo Grande that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: Mr. Steven Adams, City Manager City of Arroyo Grande P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 (805) 473-5404 The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. The City of Arroyo Grande will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to Caltrans, FHW A or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of Arroyo Grande will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain City of Arroyo Grande prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Arroyo Grande contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. City of Arroyo Grande DBE Program for FFY 2000/01 Page 13 December 2000 VXIII. Counting DBE Participation (926.55) The City of Arroyo Grande will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. See the Caltrans' Sample Boiler Plate Contract Documents previously mentioned. Also, refer to XI, A. "After Contract Award." XIX. Certification (926.83(a)) The City of Arroyo Grande ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX. Information Collection and Reporting Bidders List The City of Arroyo Grande will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT -assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative ofthe City of Arroyo Grande, Caltrans, or FHW A. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of Arroyo Grande to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reporting to Caltrans The City of Arroyo Grande's final utilization of DBE participation will be reported to the DLAE using Exhibit 17-F of the Caltrans' LAPM. Confidentiality The City of Arroyo Grande will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local laws. City of Arroyo Grande DBE Program for FFY 2000/01 Page 14 December 2000 This Disadvantaged Business Enterprises Program is approved by: ..;~~/'l /02A'/co Steven Adams Date City Manager This Disadvantaged Business Enterprises Program is accepted by: Jerald T. Gibbs Date Caltrans District 5 Local Assistance Engineer City of A"oyo Grande DBE Program for FFY 2000/01 Page 15 December 2000 ATTACHMENT A ORGANIZATIONAL CHART THE ELECTORS I MAYOR AND CITY COUNCIL I CITY MANAGER Steven Adams I PUBLIC WORKS DEPARTMENT Don Spagnolo, P. E. Director/City EngineerlDBELO I I I - Vacant- Jill E. Peterson Associate Civil Engineer/ Sr. Consultant Engineer/ DBE Support Staff DBE Support Staff City of Arroyo Grande DBE Program for FFY 2000/01 Attachment A - Page 1 December 2000 APPENDIX A TO PART 26 GUIDANCE CONCERNING GOOD FAITH EFFORTS I. When, as a recipient, you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expect~d to obtain sufficient DBE participation, even if they were not fully successful. II. In any situation in which you have established a contract goal, part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. City of Arroyo Grande DBE Program for FFY 2000/01 Appendix A - Page 1 December 2000 B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DSE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DSE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. C. Providing interested DSEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. D. (1 ) Negotiating in good faith with interested DSEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available OBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are. reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. City of Arroyo Grande DBE Program for FFY 2000/01 Appendix A - Page 2 December 2000 H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the 99al, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. ' City of Arroyo Grande DBE Program for FFY 2000/01 Appendix A - Page 3 December 2000 APPENDIX B TO BE USED FOR DESIGN-BUILD CONTRACTS The following are hereby incorporated into the Agency's Disadvantaged Business Enterprise (DBE) Program: II. Objectives /Policy Statement (9926.1,26.23) At the end of the first paragraph, add the following: The Agency recognizes that certain modific~tions are necessary to adapt the program for use in connection with design-build contri}.cts, and has therefore established certain procedures applicable to design-build DBE contracts under the DBE Program. Public Contract Code Section 4109 requires subcontractors to be identified by the prime contractor for the subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of the prime contractor's total bid. Exceptions are only in the cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the awarding authority setting forth the facts constituting the emergency or necessity. The written public record of the awarding authority/Agency as to either emergency or necessity is attached hereto (See Appendix C for sample). XIII. Monitoring and Enforcement Mechanisms (926.37) At the end of the first paragraph below "After Contract Award", add the following paragraph: After Desian-Build Contract A ward As described in the Section entitled "GOOD FAITH EFFORTS" below, each proposer for an Agency design-build contract will be required to submit a DBE Performance Plan as part of a responsive proposal. Following award of a design-build contract and during both the design and construction portions of the project, the design-build contractor will be required to submit documentation, in the form of progress reports described below, to show that the design-build contractor is meeting the contract goal for the project, or if the goal is not being met, the design-build contractor must submit satisfactory evidence that it has made good faith efforts, in accordance with that Section, to meet the goal. Evidence of good faith efforts, as described in 49 CFR Part 26 Section 26.5349 and Appendix A, will be monitored by the Agency throughout the duration of the design-build project. City of A"oyo Grande DBE Program for FFY 2000/01 Appendix B - Page 1 December 2000 At the end of the first paragraph below "Preconstruction Conference", add the following sentence: The contractor will promptly provide the Agency with the information required by the form entitled "Local Agency DBE Information" upon selection of any DBE or other subcontractor not previously identified by the design-build contractor. During the course of the contract, differences must be explained and resolved by either making corrections or requesting a substitution. At the end of the fourth paragraph below "Construction Contract Monitoring", add the following paragraph: The contractor will provide DBE Progress Reports to the Agency with each invoice and will provide an annual report on or before August 1 of each year of the design-build contract. Each report must also include a narrative summary stating whether the contractor is on target with respect to the DBE goal set forth in the design-build contract, whether the goal has been exceeded (stating the amount of the excess), or whether the contractor is behind target (stating the amount of the deficit). XVII. Good Faith Efforts (926.53) At the end of the third paragraph below "Information to be Submitted", add the following items: 7. A DBE Performance Plan containing a detailed description of the design-build contractor's planned methodology for achieving the DBE goal stated in the contract, including a description of the good faith efforts the design-build contractor intends to undertake to achieve that goal. B. A design-build proposal must also include an affidavit that the proposer will either attain the DBE goals for the design-build contract or will exercise good faith efforts to do so. At the end/of the first paragraph below "Demonstration of Good Faith Efforts", add the following sentence: If it is a design-build contract, each contractor proposing will be required to submit DBE Performance Plan as part of a responsive proposal and good faith efforts. This Disadvantaged Business Enterprises Program for design-build contracts is approved by: Steven Adams Date City Manager City of A "oyo Grande DBE Program for FFY 2000/01 Appendix B - Page 2 December 2000 This Disadvantaged Business Enterprises Program for design-build contracts is accepted by: Jerald T. Gibbs Date Caltrans District 5 Local Assistance Engineer City of A"oyo Grande DBE Program for FFY 2000/01 Appendix B - Page 3 December 2000 APPENDIX C SAMPLE RESOLUTION RESOLUTION OF THE CITY OF ARROYO GRANDE REGARDING NECESSITY OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR IDENTIFICATION AND SELECTION FOR DESIGN-BUILD CONTRACTS (REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109 ENTITLED "PUBLIC EMERGENCY GROUNDS FOR CHANGE") A. EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY: B. FACTS CONSTITUTING THE PUBLIC NECESSITY OR EMERGENCY: C. FINDINGS: D. RESOLUTION FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: E. ADOPTION OF PROCEDURE TO BE USED BY DESIGN-BUILD CONTRACTOR FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS: F. CERTIFICATE OF SECRETARY 1. MOTION MADE AND DATE 2. VOTING RESULTS 3. SIGNATURES: (a) (Secretary) (b) (Chairperson) City of Arroyo Grande DBE Program for FFY 2000/01 Appendix C - Page 1 December 2000 8.1. MEMORANDUM TO: CITY COUNCIL / FROM: RICK TerBORCH, CHIEF OF POLlC~ SUBJECT: RECLASSIFICATION OF OFFICE ASSIST ANT II TO BUILDING PERMIT TECHNICIAN DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution, reclassifying the Office Assistant II assigned to the Division of Building and Life Safety to Building Permit Technician, and establish the salary range for said position at Range 22, SEIU ($2,416 to $2,937 per month). FUNDING: The impact to the General Fund will be approximately $1,513 for FY 2000-01. This increase can be accommodated within the approved FY 2000-01 Division of Building and Life Safety Budget. Based on current salary and benefits, the future annual impact to the General Fund will increase to approximately $4,399. DISCUSSION: The City of Arroyo Grande's Division of Building and Life Safety is tasked with processing permits for all building projects and new development within the City. Any fees associated with this work are calculated and collected by this Division as well. The Division operates with three (3) personnel. Consistently, a workload is handled by the Division that justifies at least two more personnel, as demonstrated by comparative study of other Building and Life Safety organizations. To enable the speedy and competent handling of this workload it has been necessary for the incumbent Office Assistant" to take on new duties and learn and practice additional skills, well above and distinct from those required of her position. These duties have included providing assistance to the public in completing permit applications, providing fee estimates, interpretation of codes, ordinances, and laws for the public, providing first line review for land use approval, issuance of basic permits over the counter, calculation of actual permit fees, and conducting field inspections of a minor nature. CITY COUNCIL RECLASSIFICATION OF OFFICE ASSISTANT II TO BUILDING PERMIT TECHNICIAN DECEMBER 12, 2000 PAGE 2 In a comparison of definition, essential functions, knowledge, and ability, the class specifications of Office Assistant II no longer adequately match the specifications describing either the needs of the Division, or the performance of the incumbent. In reviewing the job duties for the position of Building Permit Technician as provided by cities within the Ralph Andersen and Associates Classification Study, as well as local area agencies, assignments such as those named above, are considered duties of a Building Permit Technician (see Attachment A). These duties require additional technical knowledge and skills, as well as written and spoken skills to address the increased interaction with the general public. Given this criteria, an analysis was conducted which compared the incumbent Office Assistant II (Tina Wiegand) to the duties and responsibilities which the position currently performs (see Attachment B). Given the results of the analysis, it is apparent that the incumbent position clearly performs the function of a Building Permit Technician and that she is currently working out of classification. Therefore, the recommended reclassification of the incumbent Office Assistant II to Building Permit Technician will correctly place the position into the proper classification. In establishing the new Building Permit Technician, it is recommended that the salary range be established at Range 22, SEIU ($2,416 to $2,937 per month). This is based upon an analysis of the four cities within San Luis Obispo County which have similar positions. These include the following: City Monthlv Salary Title Morro Bay $2,208 - $2,684 Permit Technician Atascadero $2,234 - $2,716 Permit Coordinator Paso Robles $2,328 - $2,956 Administrative Assistant San Luis Obispo $3,951 - $4,238 Building Permit Coordinator An analysis of the above salaries is as follows: Median Salary $3,148/month Median Salary (50th Percentile) $2,836/month 55th Percentile $2,976/month 60th Percentile $3,116/month Given the above salaries, it is recommended the salary for the Building Permit Technician be established at the 55th percentile. The closest established salary range to the 55th percentile is Salary Range 22, SEIU. CITY COUNCIL RECLASSIFICATION OF OFFICE ASSISTANT II TO BUILDING PERMIT TECHNICIAN DECEMBER 12, 2000 PAGE 3 In placing the incumbent in Salary Range 22, the incumbent will be placed at Step 3, $2,664 per month (incumbent's current salary is $2,596 per month, Salary Range 17, Step 5). Future increases, if applicable, will take affect on the incumbent's normal anniversary date with the City. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; - Do not approve staffs recommendation; - Modify as appropriate and approve staffs recommendation; or - Provide direction to staff. Attachments A. Job Description - Building Permit Technician B. Duties and Responsibilities Analysis RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECLASSIFYING THE POSITION OF OFFICE ASSISTANT II ASSIGNED TO THE BUILDING AND LIFE SAFETY DIVISION TO BUILDING PERMIT TECHNICIAN WHEREAS, the City Council is authorized to reclassify positions and establish compensation levels for those positions as it deems necessary to effectively operate municipal services; and WHEREAS, the City Council desires to reclassify the position of the Office Assistant II assigned to the Building and Life Safety Division to Building Permit Technican; and WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande to establish a salary range for the position of Building Permit Technician. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the position of Office Assistant II assigned to the Building and Life Safety Division be reclassified to Building Permit Technician with a salary range of $2,416 - $2,937 monthly (Range 22 - SEIU). 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 12th day of December, 2000. Resolution No. - MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~ STEV N ADAMS, CITY 'MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ATTACHMENT A CITY OF ARROYO GRANDE BUILDING PERMIT TECHNICIAN Class specifications are intended to present a descriptive list of the range of duties peiformed by employees in the class. Specifications are not intended to reflect all duties peiformed within the job. DEFINITION To perform a variety of highly responsible analytical, technical and administrative duties within the Building Division; accept, process and review building permit applications to determine completeness of necessary documents and general compliance with building codes and other local, State and Federal requirements; DISTINGUISHING CHARACTERISTICS This class is distinguished by requiring the use of advanced administrative and basic technical skills relative to building, regularly interacting with and providing building requirement information and fee estimates to, the public, architects, developers, contractors and engineers. Work is characterized by extensive use of permit tracking software system in order to calculate building fees and issue permits. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Chief Building Inspector ESSENTIAL AND MARGINAL FUNCTION STATEMENTS -Essential and other important responsibilities and duties may include, but are not limited to, the following: Essential Functions: I. Staff the public counter for the Building Division, assist developers, contractors and the general public answer questions and provide information; respond to telephone inquires; accept building permit applications for processing; review plans, engineering and permit documents to verify accuracy and completeness of information, approve permits of a minor nature. 2. Interpret and explain to the public the Division's policies and procedures, as well as City building-related regulations, construction codes and the City development code. 3. Check plans of a minor nature for compliance with applicable State and City policies and standards, including but not limited to the building, plumbing, mechanical and electrical codes, City ordinances, State energy requirements and handicapped accessibility standards. 4. Calculates building and other related fees based on established fees schedules; ftrst level review of incoming construction documents; use architectural and engineering scales to calculate building dimensions and areas; determine setbacks and ftre sprinkler and alarm requirements. 5. Monitor approval of plans by all City departments, homeowners associations and other regulatory agencies; coordinate payment of fees and issue permits. 6. Provide fteld inspections for purposes of business license approvals. 7. Coordinate ftnal inspections, utility clearances and certiftcate of occupancy releases. 8. Maintains building permit computer program, inputs data, and updates building codes and fee schedules. Mareinal Functions: 1. Schedules and records daily field inspections. 2. Compiles and reports building statistics, and construction activity for City, County and State agencies as well as the construction industry. 3. Provide back-up support for Fire Department staff. 4. Respond to public inquiries in a courteous manner; provide information within the area of assignment; resolve complaints in an efficient and timely manner. 5. Perform related duties and responsibilities as required. OUALIFICA TIONS Knowledl!e of: Building Division policies & procedures. Uniform model building codes and construction classification types. General construction practices, methods and terminology. Mathematical skills to calculate fees, area and linear dimensions. Modem office procedures, methods and equipment including computers and supporting applications. Principles and procedures of record keeping. Pertinent Federal, State and local laws, codes and regulations. Abilitv to: Read and understand construction documents. Use architectural and engineering scales. Perform field inspections. Research, collect and analyze data. Prepare clear and concise reports. Operate equipment including computers, copiers, calculators and supporting applications. Establish and maintain effective working relationships with those contacted in the course of work. Communicate clearly and concisely, both orally and in writing. Respond to requests and inquiries from the general public. Work independently in the absence of supervision. Maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading, writing and operation assigned equipment. Maintain physical condition appropriate to the performance of assigned duties and responsibilities. Exoerience and Traininl! Guidelines: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Three years administrative and/or technical support experience, at least one year of which included specialized building/construction support responsibilities, processing building plans and applications for building permits. Two years of increasingly responsible experience in a public agency or customer service environment. . Trainine: Equivalent to the completion of the twelfth grade supplemented by college level course work and/or specialized training in building industry practices or a related field. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. ICBO Building Pennit Technician certification desired. WORKING CONDITIONS Essential and marginal functions may require maintaining physical condition necessary for walking, standing or sitting for prolonged periods of time; moderate or light lifting and carrying; operating motorized equipment and vehicles; extensive use of computer keyboard; near visual acuity. Environmental Conditions: Office and field environment; travel from site to site; exposure to computer screens; extensive contact with the general public in a customer service environment. Phvsical Conditions: Essential and marginal functions may require maintaining physical condition necessary for walking, standing or sitting for prolonged periods of time; moderate or light lifting and carrying; operating motorized equipment and vehicles; extensive use of computer keyboard; near visual acuity. ATTACHMENT B -0 I/) I/) Q)- 0) ....... 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ENVIRONMENTAL DETERMINATION: Exempt Per CCR Section 15061 (b)(3) REPRESENTATIVE: Kerry McCants, Community Development Director This ordinance will amend portions of Chapters 7 and 9 of Title 9 of the Arroyo Grande Municipal Code establishing a maximum square footage building size for commercial uses. The ordinance proposes a maximum building size of 102,500 square feet in the General Commercial, Office Professional and Highway Commercial Districts. A maximum building size of 30,000 square feet is proposed for the Village Commercial. In compliance with the California Environmental Quality Act (CEQA), it has been determined pursuant to Section 15061(b)(3) of the CEQA Guidelines that there is no possibility that the activity may have a significant effect on the environment. Any person affected or concerned by this issue may submit written comments to the Community Development Director before the Planning Commission or City Council hearings, or appear and be heard in support of, or opposition to, the project. Any person interested in the prop'osal can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.). The proposed Ordinance will be available for public inspection at the above address. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAYBE LIMITED TO RAISING ONL Y THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE PLANNING COMMISSION OR CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARINGS. FAILURE OF ANY PERSON TO RECEIVE THE NOTICE SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO INV ALIDA TE THE ACTION OF THE LEGISLATIVE BODY FOR WHICH THE NOTICE WAS GIVEN. PLANNING COMMISSION: Date and Time of Hearing: Tuesday, December 5, 2000 at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 CITY COUNCIL Date and Time of Hearing: Tuesday, December 12, 2000 at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, CA 93420 MEMORANDUM , TO: CITY COUNCIL FROM: KERRY McCANTS COMMUNITY DEVELOPMENT DIRECTOR BY: TERESA MCCLISH ASSIST ANT PLANNER SUBJECT: PROPOSED ORDINANCE ESTABLISHING MAXIMUM BUILDING SIZE FOR COMMERCIAL USES DATE: DECEMBER 12, 2000 RECOMMENDA TION: It is recommended the City Council introduce for first reading by title only the proposed ordinance entitled, "An Ordinance of the City Council of the City of Arroyo Grande Amending Portions of Title 9 of the Municipal Code to Establish Maximum Building Size for Commercial Uses" (reference Attachment 1). FUNDING: No fiscal impact. DISCUSSION: Recently, by consensus, the City Council directed staff to amend the Development Code to establish limits on building size for commercial uses. The ordinance is intended to address the impact of large retail stores on the City's fiscal and environmental resources and protect the City's rural atmosphere that is emphasized in the General Plan. The proposed text sets a maximum building size limit of 102,500 square feet applicable only to retail stores or businesses. This building size limit would not impact independent stores that occupy adjoining buildings and is intended specifically for "big box" stores. As written, the proposed ordinance will not cause any existing commercial uses to become non-conforming. The proposed amended text is included on pages 3, 7, and 1 2. The Planning Commission reviewed the proposed code revisions on December 5, 2000 and adopted Resolution No. 00-1775 by a 4-1 vote recommending that the City Council adopt the proposed ordinance (reference Attachment 2). At the request of the Planning Commission, staff has re-examined the definition of "Retail Store", and made a minor revision to provide a more accurate definition. City Council Ordinance Establishing Maximum Building size for Commercial Uses December 1 2, 2000 Page 2 of 2 Since several members of the audience spoke about how the proposed ordinance affects the Arroyo Grande WalMart store, Commissioners raised the issue regarding the potential of WalMart to expand onto an adjacent building pad. The City Council adopted Resolution No. 3200 in 1997 upholding an appeal regarding the revised development plans submitted for the Central Coast Town Center (Five Cities Center). In the Resolution, the City Council found that the intent of the 102,500 sq. ft. limit for building pad A 1 (WaIMart), was to limit the size of the largest major anchor store and to incorporate many other additional shop areas so as to be compatible with the surrounding land uses, community and respect the General Plan elements with regard to the rural character of our community. The proposed ordinance now under consideration is consistent with Resolution No. 3200. ENVIRONMENTAL ASSESSMENT: Staff has reviewed this project in compliance with the California Environmental Ouality Act (CEOA), the CEOA Guidelines and the City of Arroyo Grande Rules and Procedures for Implementation of CEOA. It has been determined pursuant to Section 15061 (b)(3) of the CEOA Guidelines that there is no possibility that the activity may have a significant effect on the environment. PUBLIC COMMENTS: A public hearing notice, 1/8 page in size, was placed in the Times-Press-Recorder. Staff has received one letter opposing the proposed ordinance (reference Attachment 4) and one phone call in favor. Several members in the audience at the Planning Commission meeting spoke on record or signed a letter, which is incorporated in the attached draft Planning Commission meeting minutes. AL TERNA TIVES: The following alternatives are presented for Council consideration: - Introduce the Ordinance; - Modify and introduce the Ordinance; - Reject the Ordinance; - Provide direction to staff. Attachments: Attachment 1 Proposed Ordinance in legislative format Attachment 2 Draft Planning Commission minutes from 1 2/5/00 Attachment 3 Resolution No. 3200 Attachment 4 Letter from International Mass Retail Association ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH MAXIMUM BUILDING SIZE FOR COMMERCIAL USES WHEREAS, the Arroyo Grande City Council adopted the City of Arroyo Grande ("City") Development Code, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, the City has a responsibility t~ consider available fiscal and environmental resources of the City and the impact large':retail stores have on these resources; and WHEREAS, the City's Economic Development Strategy establishes the need for protection and promotion of the overall commercial service and retail business sectors of the local economy; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, the Land Use Element of the General Plan of the City adopted on May 22, 1990, establishes the need to ensure the protection of the components of IIrural atmosphere" and "small town lifestyle" which include the scale and intensity of development; and WHEREAS, the Land Use Element of the General Plan of the City further lists objectives limiting the scale of buildings to low-profile, horizontal forms that are compatible with Arroyo Grande's rural, small town atmosphere; and WHEREAS, the City has conducted environmental review for adoption of an ordinance establishing limits on commercial building size, and has found that it can be seen with certainty that there is no possibility that the proposed requirements will have an effect on the environment and therefore this project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061 (b)(3); and WHEREAS, the City Council has reviewed and considered the information in the proposed document and staff report and all accompanying documentation, as well as public testimony presented at the hearing and make the following findings of fact: A. The proposed limits on commercial building size are consistent with the goals, objectives, policies, and programs of the General Plan, and are necessary and desirable to implement the provisions of the General Plan. ORDINANCE NO. C.S. PAGE 2 B. The proposed limits on commercial building size are necessary because retail stores or businesses in excess of the proposed limits tend to cause an unfair economic advantage over smaller retail stores and businesses and will adversely impact smaller retail stores and businesses and the local economy overall. C. The proposed limits on commercial building size are necessary to reduce the visual impacts associated with large commercial buildings and to sustain and encourage development of small commercial buildings that are more compatible with Arroyo Grande's rural, small town atmosphere. D. The proposed limits on commercial building size will not adversely affect the public health, safety, and welfare. E. The proposed limits on commercial "building size are consistent with the purpose and intent of Title 9. F. The potential environmental impacts of the proposed limits on commercial building size are insignificant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Section 9-07.040 is amended as follows: Section 9-07.040 Commercial Site Development Standards The following property development standards shall apply to all land and buildings constructed within their respective commercial Districts. A. General Requirements 1 . On lots of record, existing as of the date of adoption of this Title, parcels havfng less than the minimum required depths need not provide a front building setback or landscape area greater than 1 5 % of the depth of the property (excluding right-of-way area). 2. The creation of new lots within commercial districts following the date of adoption of this Title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shopping center, in which case no minimums are established except at the boundary of the shopping center or commercial development. Parcels created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as the following conditions are met: ORDINANCE NO. C.S. PAGE 3 a. A conceptual development plan for the entire center has been developed and approved pursuant to the provisions of this Title; b. Appropriate easements for reciprocal access, parking and maintenance are recorded, and maintained; and c. All applicable setbacks adjacent to the exterior boundaries of the shopping center or commercial development are met. 3. Table 9-07.040-A sets forth minimum Site Development Standards for Commercial development within Commercial Districts. Table 9~P7 .040-A " Commercial Site Development Standards 1. Lot area, in square feet 10,000 5,000, 10,000 10,000 2. Lot width 80' 50' 80' 80' 3. Lot depth 100' 80' 100' 100' 4. Front building setback, measured 15' 0' 15' 15' from property line 5. Interior side building setback O'a 0' O'a O'a 6. Street side building setback 15' 0' 15' 15' 7. Rear building setback O'a 0' o'a O'a 8. Maximum lot coverage 45% 100% 45% 45% 9. Maximum floor area ratio 0.5 1.0 0.5 0.5 10. Maximum building height 30' or 2 30' or 2 30' or 2 30' or 2 stories stories stories stories whichever whichever whichever whichever is less is less is less is less - III" ...- -- Notes to Table 9-07.040-A: a Larger setbacks may be required based on special requirements listed in Section 9-07.040 B., surrounding development, or building code regulations. ORDINANCE NO. C.S. PAGE 4 B. Special Requirements 1. Wherever a lot in any commercial District abuts a lot in any residential District, a minimum building setback of 20 feet measured from the property line shall be required. A minimum of 10 feet of this setback area shall be landscaped; the remaining area may be used for required off-street parking. 2. In any commercial District, a two-story addition closer than 50 feet to an existing single family residence shall require Plot Plan Review by the Community Development Director prior to issuance of a building permit. 3. Where off-street parking areas are situated such that they are visible from any street, an earthen berm, ;:.wall, or combination wall/berm three feet in height shall be erected withirithe required landscape area and the parking area to adequately screen said parking areas. 4. In all Commercial Districts other than the VC District, required front and street side building setback areas shall be landscaped. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. Where off-street parking is located within such building setback areas, a minimum landscaped area 10 feet in depth, shall be provided between the property line and the off-street parking area, with an additional minimum landscaped area 10 feet in depth required between the parking area and the building. 5. Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. 6. Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities. SECTION 2: Arroyo Grande Municipal Code Section 9-09.010 is amended as follows: Section 9-09.010 Planned Development (P-D) District A. Purpose and Intent Planned Development (P-D) districts have been established more flexible than those contained elsewhere in Title 9. The purpose of establishing these districts has been to grant or require diversification in the location of structures and other site elements which were believed to be appropriately compatible, while ensuring adequate standards relating to the public health, safety, welfare, comfort, and convenience. ORDINANCE NO. C.S. PAGE 5 B. Applicability The Planned Development District shall apply to existing planned developments of record (listed below) and pending applications complete as of the effective date of this Title. No new Planned Development Districts shall be created subsequent to the effective date of this Title. All ordinances approving or amending a planned development, along with relevant zoning information, shall be included in Appendix 1, and a copy kept in the Community Development Department and City Clerk's offices. P-D-1 .1 = Oak Park Acres ~Ianned Development P-D-1.2 = Rancho Grande Planned Development P-D-1 .3 = Royal Oaks Planned Development P-D-1 .4 = Wildwood Ranch Planned Development P-D-1.5 = Okui Planned Development C. Adoption and Amendment of Plans Adoption and amendment of Planned Development Ordinances shall occur in the manner set forth in this Title for Amendments to Zoning Districts (Section 9- 03.040). Amendments to a general or specific development plan relating to an approved Planned Development shall occur in the manner set forth for Conditional Use Permits (Section 9-03.050). Specific development plans shall be required of the developer as part of an application to amend or change zoning to the Planned Development (P-D) district D. Development Plans and Amendments 1. Specific development plans shall be presented, considered, and approved as part of the rezoning application process. If a subdivision is required, the development plans and the tentative subdivision map shall be submitted simultaneously. 2. The development plans shall include any or all or the following items where applicable: ORDINANCE NO. C.S. PAGE 6 a. A detailed statement of all uses proposed to be established and an indication of the areas to be occupied by each use, as well as the resulting population and building intensities. The statement shall also include the proposed disposition and use of all areas indicated by the plan as common areas, open spaces, recreation or park areas, school sites, and other such private or public facilities; b. The total development plan, showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, playgrounds, school sites, recreational areas, open spaces, and other public or priv~te facilities; c. Detailed engineering site plans, including the proposed finished grades and drainage facilities; d. Landscaping plans, in detail, excepting typical single family lot residential areas of 10,000 square feet and over. The street tree planting requirements of the city may be waived, provided that the development plan or covenants provide adequate alternatives to the satisfaction of the Planning Commission and City Council; e. Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses, and facilities, and the physical relationship of all elements; f. Detailed' engineering plans for the provision of public utilities for the development, including, but not limited to, water, sewer, drainage, street lighting, and fire hydrants; g. Other pertinent information as may be deemed necessary by the Community Development Director, Planning Commission, and/or City Council to determine that the contemplated arrangement of uses make it desirable to apply regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this Title; h. A development schedule indicating the time when the commencement and completion of the construction will occur under the approved development plan; and i. A statement requesting modification of regulations and requirements differing from those ordinarily applicable pursuant to the provisions of this Title. ORDINANCE NO. C.S. PAGE 7 4. The development plan shall meet or exceed the minimum requirements set forth in other portions of this Title for land uses corresponding to the land uses proposed. 5. Density transfers shall be permitted subject to Planning Commission and City Council approval. E. Permitted Uses The following uses shall be permitted in the Planned Development (P-D) District pursuant to approval by the City Council of the Planned Development ordinance for the area in question: , , 1 . Single family dwellings, duplexes, and multiple family residential structures, including clusters, condominiums, townhouses, and similar concepts; 2. Commercial uses and commercial residential uses compatible with the total development plan, including, but not limited to, mobile home parks, restaurants, specialty shops, motels, and convention facilities; 3. Accessory buildings and uses as shown on the development plan, to be constructed with, or subsequent to, the construction of the main building; 4. Accessory buildings, such as garages, guest houses, or cabanas, subject to the lot coverage requirements set forth in Section 9-09.010 H; and 5. Public and private park and/or recreation facilities, public and private schools, and public utility buildings and structures and uses, not including service, corporation, or storage yards. F. Maximum Allowable mim11im@ro ~ Height 2. The maximum allowable height for a building or structure within the P-D District shall be as shown on the development plan for the P-D District or as recommended by the Planning Commission. In no case shall any ORDINANCE NO. C.S. PAGE 8 structure be of such height or location as to obscure any view due to elevation differential of building sites. 3. Accessory buildings within the P-D District shall not exceed one story and fourteen feet (14') in height. G. Minimum Building Site and Lot Width 1 . Minimum building site and minimum lot width for any permitted use other than single family residences shall be as shown on the development plan, or shall conform to minimum requirements as set forth in other sections of this Title with relation to land use. 2. Minimum lot sizes may be reduced by two thirds (2/3), providing the area of reduction is devoted to common area, open space, green belt, or other recreational uses. H. Maximum Building Site Coverage by Buildings and Structures 1 . The maximum coverage of a building site by all structures including accessory buildings permitted in the P-D District, but not including uncovered patios or swimming pools, shall not exceed thirty (30) percent for the P-P District, or as shown on the development plan. 2. Where lot sizes have been reduced as provided for in Section 9-09.010 G, the maximum building coverage may be increased directly in ratio to the reduction of lot size. I. Minimum Yards Required The front, side, and rear yard shall be shown on the development plan or as recommended by the Planning Commission. If front, 'Side, and rear yards are not represented on the development plan, then yard requirements shall conform to the minimum requirements as set forth in other sections of this Title. J. Fences, Walls, And Access Fences and walls may be shown on the development plan and approved or required by the Planning Commission in the P-D District. If such fences and walls are not shown, the following shall apply: 1. Fences, hedges, and walls not to exceed six feet (6') in height may occupy any side or rear yard, provided: a. That such fences, hedges, and walls do not extend into any required front yard setback, and in the case of a corner lot, such fence does not extend into the required side yard setback ORDINANCE NO. e.s. PAGE 9 adjacent to the street. Such fences, hedges, and walls shall not exceed three feet (3') in height in aforementioned required setbacks. b. That if there is over one foot (1 ') difference in elevation between , contiguous buildings sites, the six foot (6') maximum height shall be a combination of the difference in elevation plus the height of the fence, providing that regardless of any difference In elevation, a fence not to exceed forty inches (40") may be built in such areas, and further providing that if written approval of the adjoining property owner is obtained, and a permit is obtained from the City Community Development Department, such fence may be built to a ma~jmum of six feet (6') above the finished grade. 2. Fences exceeding six feet (6') in height to enclose a court area, tennis court, or similar area, may be erected subject to obtaining a Conditional Use Permit, if such fence is constructed of open mesh wire and is on the rear one-half (1/2) of a lot. 3. A six foot (6') fence shall be required surrounding a swimming pool. Upon securing a Conditional Use Permit, any such fence may be erected exceeding the required height in this paragraph. 4. Access to any parking area, ponding area, or public street shall be shown on the development plan. K. Required Minimum Off-street Parking 1. All residential uses shall have a minimum of two (2) garage spaces. 3. All other uses shall have off street parking provided as required by the provisions of Chapter 9-12 of this Title. L. Utilities 1. Utility lines in the P-D district, including, but not limited to electric, communications, street lighting, and cable television, shall be required to be placed underground except that electric utility lines shall be required to be placed underground only to the extent required for so- called streamline installation. Where streamline installation is used, the service lines running from the transmission lines to each residence or other service unit shall be placed underground, and only the transmission lines may be above ground, on streamline poles which contain transformers. Transmission lines may be placed underground at the option of the developer or utility with the concurrence of the Planning Commission. Where transmission lines are placed ORDINANCE NO. C.S. PAGE 10 underground, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts may be placed above ground provided such appurtenances are landscaped to the satisfaction of the Planning Commission. 2. The developer or builder shall be responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. 3. Utility lines that do not provide service to the areas being developed, but which pass through or alot1gside such areas, may be placed above ground only after plans for such installation have been submitted to and approved by the Planning Commission. M. Variation from Minimum Requirements Variations from minimum requirements referred to in subsection 0.2 of Section 9-09.010 (Development Plan) of this Title may be permitted in the Planned Development (P-D) District. The approval of any plan that requires such variations shall be approved by not less than a majority vote of the total membership of the Planning Commission upon a finding that such variations will produce anyone or more of the following results: 1. Reduce the area and unsightliness of cut and fill banks; or 2. Reduce the danger of erosion; or 3. Create a better community environment through the dedication of public areas, rearrangement of lot sizes, or reforestation of barren areas; or 4. Create other improvements or permit the use of techniques which will produce a more desirable and livable community than can be obtained by strict compliance with such minimum requirements. N. Grading No construction or grading shall be done until both development plans and subdivision plans have been adopted as set forth in this Title; provided, however, minor grading which is necessary for the enjoyment, or safety of the existing use shall be allowed as a matter of right and subject only to City laws pertaining to grading. ORDINANCE NO. C.S. PAGE 11 O. Subdivision In the P-D District, where from the nature of the size, location, shape, or topography of the parcel of land, or where from the nature of the improvements of development shown on the development plan, or any combination of these factors, it appears to the Community Development Director that a future division of ownership or subdivision of said parcel would be required for orderly development, the Community Development Director may require the filing of a tentative subdivision map, as provided in the land division provisions of this Title, and the performing of any other acts required in such regulation. Where any requirement of the land division provisions requires any specific act of the land, owner or subdivider, the approval of any development plan shall not become effective until compliance has been made with such subdivision provision~. P. Reversionary Clause Any land classified as a P-D District shall revert to its former classification in the event that any portion of the development is not commenced within one (1) year from the effective date of the ordinance classifying said land into a P-D district. If rezoning is initiated by the Planning Commission or City Council, such reversion shall not take effect. SECTION 3: Arroyo Grande Municipal Code Section 9-18.030 -R., is amended as follows: Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Restricted Parking: Situation where no on-street parking is permitted along the street frontage, or where on-street parking is prohibited during specified hours every day. Room (Habitable): Room meeting the requirements of this Title for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. Recyclable Material: Reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. ORDINANCE NO. C.5. PAGE 12 Recycling Facility: "Recycling Facility" shall mean a center for the collection and/or processing of recyclable materials. A Certified Recycling Facility or Certified Processor means a Recycling Facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A Recycling Facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recyclable Material: Reusable material, including, but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recycling Facility: "Recycling Facility" shall mean a center for the collection and/or processing of recyclable materials. A Certified Recycling Facility or Certified Processor means a Recycling Facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A Recycling Facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by the residential property, business or manufacturer. Religious Institutions: Any buildings which are used primarily for religious worship and related religious activities. Research and Development: A use engaged in study, testing, design, analysis, and experimental development of products, processes, or services, including incidental manufacturing of products or provision of services to others. Residential Care Facility: Any family home, group care facility, or similar facility for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential Use: Any building which is lawfully used for living or dwelling purposes. Residential Zoning District: Means property in the RE, RH, RR, RS, SF, VR, MF, MFA, SR, MHP, and PD districts. Restaurant: A use providing preparation and retail sale of food and beverages, including cafes, coffee shops, sandwich shops, ice cream parlors, and similar uses, and including licensed "on-sale" provision of wine and beer for consumption on the premises when accessory to such food service. 1Im1t~ ORDINANCE NO. C.S. PAGE 13 Right-of-Way: A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses. Reverse Vending Machine(s): Automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary. A Bulk Reverse Vending Machine refers to a Reverse Vending Machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. Roof line: Intersection of the plane of an exterior building wall and the primary roof plan of the building. Run with the land: A covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or .more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unlawful. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text ot such adopted Ordinance. SECTION 6: This Ordinance shall become effective thirty (30) days after the date of its adoption. ORDINANCE NO. C.S. PAGE 14 On motion of Council Member , seconded by Council Member and on the following roll call vote, to-wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2000. .. ORDINANCE NO. C.5. PAGE 15 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY A TT ACHMENT 2 ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES DECEMBER 5, 2000 PAGE 2 II. E. DEVELOPMENT CODE AMENDMENT CASE NO. 00-002; LOCATION - CITY WIDE Amendment to Chapters 7 and 9 of Title 9 of the Arroyo Grande Municipal Code by establishing maximum building size for commercial uses. Associate Planner, Teresa McClish, presented the staff report and stated that recently, by consensus, the City Council had directed staff to amend the Development Code to establish limits on building size for commercial uses. The ordinance is intended to address the impact of large retail stores on the City's fiscal and environmental resources and protect the City's rural atmosphere emphasized in the General Plan. As written, the proposed ordinance will not cause any existing commercial uses to be non-conforming. Ms. McClish stated that staff recommends that the Planning Commission review the attached draft ordinance, make any changes deemed necessary or desirable, and adopt the attached Resolution recommending that the City Council adopt the Ordinance. Chair Greene stated that some time ago there was a discussion about the current configuration of the Wal-Mart store and the fact that it currently occupies Building A-1 in the Five Cities Shopping Center. Mr. Greene stated that adjacent to Building A-1 is an open space that is designated as A-2. Of all the structures planned for the west side of the shopping center, the only space that has not been built on is the space for Building A- 2. Mr. Greene remembers that there was a discussion concerning the shopping center and whether Wal-Mart could expand into the 17,600 square feet of space designated for Building A-2. He thought that the City had imposed some sort of Condition of Approval on the project so as to deny Wal-Mart the ability to expand into the additional space and incorporate it into Building A-1. Mr. Greene asked if there is anything about any limitations that the City placed on the occupation of Building A-2 that would prevent the occupant of Building of A-1 to construct Building A-2 and then remove the interior walls? Ms. McClish stated that she had no recollection of this. She stated that she was aware that there is the building pad adjacent to the Wal-Mart and that it is approved for the commercial use of 17,600 square feet. She was also aware that there was an existing ordinance that limits non-taxable retail for stores greater than 90,000 square feet, but she is not aware of any specific restrictions concerning the expansion of Wal-Mart. Mr. Greene asked if there was a Condition of Approval that limited Building A-1 to its current configuration? Mr. McCants stated that he was not aware of this condition. Commissioner London asked where the figure of 102,500 square feet came from? Ms. McClish replied that this was the figure recommended to staff by City Council as the figure which essentially takes, the largest retail store in the City and goes above it so that this ordinance does not create any non-conforming uses. ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES DECEMBER 5, 2000 PAGE 3 Commissioner Keen stated that on Page Four of the ordinance, F-2 deals with the maximum allowable height for a building or a structure and states that in no case shall any structure be of such a height or location as to obstru.ct any view due to elevation differential of the building site. Mr. Keen asked for an explanation of this statement and asked if this meant off site viewsheds or onsite? Mr. McCants stated that this language is in the Development Code at this time and that his interpretation would be that it meant offsite or onsite. Chair Greene opened the Public Hearing. Colin Johnstone, manager of the Arroyo Grande Wal-Mart, spoke to the Commission and stated that he was opposed to the proposed ordinance. Mr. Johnstone explained that Wal- Mart was only interested in being a "good neighbor" and an asset to the City of Arroyo Grande. He spoke about the amount of retail sales that this Wal-Mart has been doing since it opened and how much sales tax this has contributed to the City. He also spoke about Wal- Mart's concern for the citizens of the Five Cities area and he listed the different organizations Wal-Mart has donated time and money to. Mr. Johnstone explained to the Commission the difficulty of running this store because the amount of people who shop at the store create a demand for products that is very high and there is not enough room in this store for the amount of merchandize that is needed. Mr. Johnstone also explained the need for a Garden Shop in this area. Commissioner Keen asked Mr. Johnstone if Wal-Mart owned the adjoining property? Mr. Johnstone answered that Wal-Mart did own it. Commissioner London asked Mr. Johnstone what was going to be done with this property? Mr. Johnstone stated that there were no plans for this property at this time. Marv Burlinson, Wal-Mart employee, spoke in opposition to the ordinance and stated that the "associates" who work for Wal-Mart are very concerned about the community. She felt that this ordinance was targeted against Wal-Mart and that it would be unfair. Gerald CraiQ, Wal-Mart employee, spoke in opposition to the ordinance stating that many organizations will say that a store, more than 102,000 square feet is against the American way of life but that this is not true of Wal-Mart. He felt that this ordinance would "trample" on the rights of the citizens that need to shop somewhere where the prices are reasonable. Lee Simon, 1952 Sage St., spoke to the Planning Commission in opposition to the ordinance stating that competition in retail sales is not a problem for a comr;nunity. ARROYO GRANDE PLANNING COMMISSION ,QRAFT MINUTES DECEMBER 5, 2000 . " PAGE 4 Freda Simon, 1952 Sage St., spoke to the Planning Commission in opposition to the ordinance stating that she believes this store serves a need in the community especially for large families that need to stay within a budget. She stated that she drives to Santa Maria once a month and shops at Costco and HomeBase. She stated that she did not understand why the City of Arroyo Grande did not want her sales tax dollars. Antonio Tancozo, Wal-Mart employee, spoke to the Planning Commission in opposition to the ordinance stating that he felt that this would be an injustice and that Wal-Mart supplied the community with their needs. Chris Ivv. 127 Bridge St, spoke in favor of ths ordinance stating that he felt Waf-Mart was complaining that they could not sell their merchandize, bragging about how much they gave to the community and threatening to quit giving if this ordinance passed. He stated that many studies have been done to show that there are good, solid reasons for the community to restrict the square footage of "big box" stores. He did not feel this ordinance was being proposed to "pick on Wal-Mart", it was being done for the good of the entire community. Mr. Ivy stated that he had handed staff and the Planning Commission some information that he would like to see added to the ordinance because, at this point, there was nothing to keep Wal-Mart from building on Building pad A-2. He asked the Commission to note , the suggestions on the bottom of Page 1 of the information he had passed out, that they could add. Gerald Craiq and Colin Johnstone, spoke in rebuttal to Mr. Ivy's statements. Chair Greene closed the Public Hearing. Commissioner Costello asked, when the Five Cities Center was originally approved, was any measure put in place that limited the size of stores to under 102,000 square feet. Ms. Teresa stated that each building pad has a specific size requirement but she did not believe that there was any kind of regulation that limited building size in the Five Cities Center. Mr. Costello thanked everyone who had spoken and stated that both sides have raised good issues. He said that he appreciates what the "associates" at Wal-Mart do for this community as individuals. However, Mr. Costello said that this decision was not being based on Wal-Mart only. The original approval of the Five Cities Center was based on size and scope. Mr. Costello said that one of the many issues that has come before the Planning Commission is the problem with traffic around the shopping center, particularly at the intersection of Camino Mercado and West Branch Streets. ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES DECEMBER 5, 2000 PAGE 5 Commissioner Costello stated that Wal-Mart is a good neighborhood and has a place in this community. He said that this ordinance was not asking Wal-Mart to leave, or even to shrink in size, it simply says that no store will be greater than 102,500 square feet. He does not see that see that this is targeting any company. Mr. Costello stated in within a year the City will be looking at another project on the south end of the City that will include the potential for larger commercial space and this ordinance would apply to that project as well. Mr. Costello said that he does see the issues raised by the City Council when then sent this measure to the Planning Commission for consideration. Some of these issues are to deal with the overall economic and commercial services of the entire community:'and to try to protect the components of the "rural atmosphere and the small town lifestyle" that are presently part of this City. Commissioner Costello stated that the City is going to go through some challenging times in the next few years where the City is going to have to try and define what these terms really mean. He feels that this may be a measure that is intended to do this. Vice-Chair Parker stated that Commissioner Costello had said this very well. She stated that she also did not feel that this was against Wal-Mart. She said that she realized that the Wal-Mart employees felt that this would be keeping them from something they wanted to do but she does not feel that this would take away the rights of anyone to adopt this ordinance. Ms. Parker stated that she appreciates that several hundred Wal-Mart shoppers wanted to see the expansion with a garden center but most of the shoppers did not live in Arroyo Grande. They did not have to deal with the problems, such as the traffic, having a larger store would create. The Council was trying to consider the City as a whole and how it would be effected by this ordinance. Ms. Parker stated that she wondered if such issues as traffic, as well as other environmental issues, should be added to the resolution. She said that traffic is a big issue for her and as the community continues to grow it is very important that we look at each step specifically and not grow at such a rapid rate that we can't take care of the people that live here. Vice-Chair Parker stated that she was in favor of this ordinance and she is in favor of passing it along to the City Council. Commissioner London stated that he agreed with Commissioners Costello and Parker statements. Mr. London said that he remembers when the fears people had before Wal- Mart came to Arroyo Grande and most of them have proved to be unfounded. Commissioner London said that he did not feel that bigger is necessarily better, but this appears that this is the philosophy of Wal-Mart. He does not feel that, they need to sell everything and that they have done a commendable job with the space that they have. Mr. London stated that he supports the ordinance. ARROYO GRANDE PLANNING COMMISSION DRAFT MINUTES DECEMBER 5, 2000 PAGE 6 Commissioner Keen stated that he disagreed with the other Commissioners. He believes that this ordinance was designed specifically to stop Wal-Mart from expanding and because of this he will not vote for the ordinance. Mr. Keen said that if this ordinance had come before the Planning Commission, not written specifically for stopping of Wal-Mart expansion of any kind, he probably would have voted for it because he is not in favor of "big box" stores. However, this is specifically written for Wal-Mart he believes this is a travesty and he will not support it. Commissioner Keen stated that as far as the traffic issue at the Five Cities Center, the 17,500 square feet building pad had already has a commitment to be built. Mr. Keen stated that he is not for Wal-Mart expanding, .he is just against having an ordinance written specifically for one builder. Chair Greene stated that he wanted to make it very clear that the Planning Commission was not enacting any ordinance but only making a recommendation to the City Council. They are the body that is vested with the authority to create laws for the City. Mr. Greene had the following observations. He said that while it may be appropriate to describe the ordinance as being directed to a limitation on Wal-Mart's ability to expand into the lot next door, it may be overly simplistic to take this position because the City is considering a proposal to develop approximately 1.5 million square feet of commercial/retail and office space on the Frederick's ranch. He believes that the City Council has the authority to limit the size of retail establishments on this property. Mr. Greene stated that the effect of this limitation may be that large, discount retailers like Costco and other Wal-Mart competitors might not be able to open in your shopping area. The City Council might have decided that, the preservation of Wal-Mart's market share is a objective and therefore they will strive to limit competition on the Frederick's property. Mr. Greene stated that it seemed to him that it was logical and reasonable to view, this legislation as being non-specific with respect to Wal-Mart. It is reasonable to view this legislation as being supportive of the existing store. He sees a variety of very solid benefits to the community that would result from this legislation, which has nothing to do with Wal-Mart. Mr. Greene stated that, on the other hand, if the City Council decided to limit Wal-Mart and prevent its expansion into the adjoining 17,600 square foot lot, the City Council could do that and be well within their jurisdiction to do that. Mr. Greene stated that he was on the Planning Commission when the Five Cities Shopping Center was on appeal from the City Council back to the Planning Commission. He said that very sincere people spoke to the Commission at that time and promised that Wal-Mart had no intention of expanding into lot A-2 and would never propose such an extension. It comes as a complete surprise to him to hear that those representations that had been made are no longer valid. ARROYO GRANDE PLANNING COMMISSION MINUTES DRAFT DECEMBER 5, 2000 PAGE 7 Mr. Greene feels that this situation has been oversimplified and turned it into a pro versus con debate on Wal-Mart and he does not see this as being appropriate or necessary at this time. He is greatly impressed by the contribution that Wal-Mart has made to this community. These contributions are commendable as Mr. London said. However, voting on this ordinance should not be viewed as a referendum on the way appropriate Wal-Mart has conducted itself in the community. He views it simply as an attempt by the City Council to try and determine where a small town ends and a big city begins. He sees this ordinance as a decision consistent with the leadership's vision of what a small town is. Chair Greene stated that the only thing that is unclear to him at this point is whether the recommendations that are contained in the document Mr. Ivy has handed out concerning the aggregation of floor space, management, and cash registers are the kind of things that the City Council have the opportunity to consider. He asked staff if they would comment on this. Mr. McCants stated that staff had not seen language until this evening so they had not had time to review it, or asked the City Attorney to review it. Mr. Greene stated that if it could close a loophole relative to this particular store so he suggested that the City Attorney review the language and determine if it is appropriate to include it in the final ordinance. Mr. McCants stated that staff would review this definition and make revisions as appropriate in consultation with the City Attorney. Commissioner Costello moved that the Planning Commission adopt: RESOLUTION NO. 00-1775 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE REGARDING MAXIMUM BUILDING SIZE FOR COMMERCIAL USES as amended with the change to Table 9-07.040.A under Office to a maximum building size of 102,500. Commissioner London seconded the motion. He also asked that Paragraph 2 under Section F, be corrected from with to within. The motion was approved by the following roll call vote: ROLL CALL VOTE YES Commissioner Costello NO Commissioner Keen YES Commissioner London YES Vice-Chair Parker YES Chair Greene A TT ACHMENT 3 RESOLUTION NO. 3200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL FILED BY TOM AND JANET TALBERT REGARDING TIlE REVISED DEVELOPMENT PLANS SUBMITTED ON TIlE CENTRAL COAST TOWN CENTER WHEREAS, by Resolution No. 3157, the City Council approved PD Specific Plan/Conditional Use Permit Case No. 96-541; Tentative Tract Map 2220 and Planned Sign Program 96-118 (sometimes collectively referred to herein as the "project") on or about July 9, 1996; and WHEREAS, condition of approval No.5 for the'project, imposed through and monitored by the Community Development Department, requires the project development to occur in substantial conformance with the plans presented when the project was originally approved (hereinafter the "approved plans"); and WHEREAS, condition of approval No. 135 allows the Community Development Director to make minor changes to conditions and mitigation measures provided such changes do not significantly alter the intent of said conditions or mitigation measures; and WHEREAS, JLM Realty and Hawkeye Investments submitted revised plans to the Community Development Director for review and approval consistent with condition of approval No.5; and WHEREAS, on November 26, 1996, the Community Development Director found that the revised plans were in substantial conformance with the approved plans; and WHEREAS, Ule decision of the Community Development Director that the revised plans were in substantial conformance with the approved plans was appealed to the City Council by Tom and Janet Talbert pursuant to Arroyo Grande Municipal Code Section 1-4.01; and WHEREAS, on January 14, 1997, the City Council conducted a public hearing and considered the issue of whether the revised plans were in substantial conformance with the approved plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: f 1. The above recitals are true and correct. . L 2. The following changes contained in the revised plans are substantial and material in that they will affect the aesthetic quali ty and overall character of the project: a. The building labeled "Major I" has increased in size from about 102,500 square feet to as much as approximately 167,500 square feet (including an outdoor garden center and future expansion area), an increase of more than fifty percent (50%) from the approved plans. The intent of the 102,500 square feet for I~Major 1" was to specifically limit the size of the largest major anchor store and to incorporate many other additional shop areas so as to be compatible with the surrounding land uses, community and respect the General Plan elements with r~gard to the rural character of our community; b. Buildings extend significantly outside the approved building limit lines; r c. The possibility of an interim parking lot that would separate the largest store ! from the rest of the stores; and -- d. The lengthening of certain parking lot aisles. '. 3. The revised plans change the character, layout and building footprint design of the project as depicted in the approved plans. 4. Individually 'and in combination, the above-described changes are significant and constitute substantial modifications to the approved plans for the project, and, based thereon, the City Council hereby upholds the appeal filed by Tom and Janet Talbert. On motion of Council Member Lady , seconded by Council Member Fuller , and on the following roll call vote, to wit: A YES: Council Members Lady, Fuller, Runels, Tolley,. and Mayor Dougall NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th da , 1997. ATTEST: APPROVED AS TO FORM: APPROVED AS TO CONTENT: t I R1JL{{:lL.. HLL~I . Robert L. Hunt, City Manager 2 1, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing I Resolution No. 3200 is a true, full and correct copy of said Resolution passed and adopted at ! a regular meeting of said Council on the 11th day of February ,1997. , WITNESS my hand and the Seal of the City of Arroyo Grande affixed this J 4 t ~day of Februarv , 1997. 11 tl. ~ Nancy ~ City Clerk ... \ 3 13~';':\ DEC 105, 2000 TO: MICHAEL LADY FR: MIKE HACKMER *3427 PAGE: 2/3 .. . ._..~ ' RECEIVED ,~ INTERNA TIONAL MASS RETAIL ASSOCIATION CiTY OF A.RROYO G.i:\UO::: 00 DEC-5 Arll':33 D~cember 5, 2000 ATTACHMENT 4 The Honorable Larry Gr~~n~ Chairman, Arroyo Grande Planning Commission 215 East Branch Street Arroyo Grande, CA 93421 Dear Mr. Greene: The Int~mational Mass Retail Association (IMRA) strongly urges you to oppose any changes to Arroyo Grande's Comm~rcial Site Development Standards, because they will impose severe and anti-free market limitations on new businesses, restrict growth and dramatically reduce the selection and quality of competitively priced goods enjoyed by consumers. IMR.A. is an alliance of mass retailers and their product and service suppliers committed to bringing price-competitive value to the world's consumers. IMRA improves our members' businesses by providing industry research and ~ducation, government advocacy, and a unique forum for our members to establish relationships, solve problems, and work together for the benefit of our customers and our industry. The proposed limits in Resolution 00-1775 \'fill create a clear and conspicuous unfair economic advantage for a targeted group of businesses. By the very proposal you ar~ considering, the resolution identifies that competition betwe~n larger and smaller stores may only "tend to caus~ an unfair economic advantage." Given the fact that stor~ siz~ does not necessarily create an "unfair advantage,'"this ordinance will seek to resolve uncertain economic impacts by guaranteeing a market monopoly for a select group. .What's more, by preventing free and fair competition, the consumers of Arroyo Grande will ultimately be forced to pay higher prices for goods. This ordinance will have a negative effect on the public health and welfare, because it will deny price competitiveness, which allows consumers to afford more for their money. People living on lower and fixed incomes, like many of our seniors, will be adversely affected by this ordinance. IMRA and our member companies welcome the opportunity to meet with you and anyone on the City Council in Arroyo Grande to fbrther discuss the effects of this resolution on the mass retail industry and consumers, as well as how mass retailers work with their communities to improve the quality oflife. 1700 North Moore Street. Suite 2250. Arlington, VA 22209 Phone: 1703) 841,2300. Fax: 1703) 841.1184 -<:5~ ,DEC 05, 2000 TO: MICHAEL LADY FR: MIKE HACKMER *3427 PAGE: 3/3 Page 2 The International Mass Retail Association believes in free and open markets, consumer choice, and a strong commitment to America's communities. We hope that you share this view and will join us in opposing this one-sided, anti-competitive proposal. In the meantime, if we may be of any additional assistance, please do not hesitate to contact Michael Hackmer at (703) 841-2300. Thank you for your consideration. Sincerely, ~/ ~.~~ - ----- . Robert 1. Verdisco President,IMRA.. cc: The Honorable Michael A. Lady, Mayor Nanci Parker, Vice Chair John Keen, Commissioner Joseph Costello, Commissioner Martin London, Commissioner John Flynn, Commissioner- 9.b. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: Applicant: City of Arroyo Grande Location: Citywide Project: 2000 Local Law Enforcement Block Grants Program Proposal: Proposed expenditure of Federal funds for law enforcement related services as provided in the FY 2000 Federal Budget, $13,691 being the City of Arroyo Grande's approximate spending authority. The FY 2000 Appropriations Act provides for the continuation of the Local Law Enforcement Block Grants (LLEBG) Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the LLEBG Program is to provide funds to local government to enhance law enforcement services in order to reduce crime and improve public safety. These funds must be used to augment local law enforcement services and shall not be used to supplant existing funds. The LLEBG Program requires that the funds be appropriated pursuant to written requests of the Chief of Police and reviewed by the Police Department's Community Advisory Council. The City Council shall hold a public hearing to consider the requests from the Chief of Police. The City Council must consider these requests separate and apart from the proposed law enforcement allocations from the General Fund. The City of Arroyo Grande is expected to have a spending authority of $13,691 through the 2000 LLEBG Program. The Chief of Police will be presenting his requests for consideration. Representative: Rick TerBorch, Chief of Police Any person affected or concerned by this proposal may submit written comments to the Office of the Chief of Police before the City Council hearing, or appear and be heard in support of or in opposition to the proposal at the time of the hearing. Any person interested in the proposed expenditures may contact the Office of the Chief of Police at the Police Department, 200 North Halcyon Road, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday. IF YOU CHALLENGE AN ITEM 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 CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. 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. Date and Time of Hearing: Tuesday, December 12, 2000 at 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers 215 East Branch Street Arroyo Grande, California 93420 MEMORANDUM TO: CITY COUNCIL FROM: RICK TerBORCH, CHIEF OF POllCE~ SUBJECT: PUBLIC HEARING CONCERNING USE OF FEDERAL 2000 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended, after conducting a public hearing and making any modifications, the City Council approve the expenditure of $13,691 as authorized by the Federal 2000 Local Law Enforcement Block Grant (LLEBG) Program. FUNDING: There is a fiscal impact of approximately $1,369 based upon match requirement. Funds for the match requirement will be accommodated within the FY 2000-01 Non-Departmental Budget. DISCUSSION: The Federal FY 2000 Appropriations Act provides for the continuation of the Local Law Enforcement Block Grant (LLEBG) Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the LLEBG Program is to provide funds to local government to enhance law enforcement services in order to reduce crime and improve public safety. These funds must be used to augment local law enforcement services and may not be used to supplant/replace existing budgeted funds. The City is required to establish a separate fund to record the receipt and expenditure of monies received pursuant to this program, including any interest received on the funds. The LLEBG Program requires that these funds be appropriated by written request from the Chief of Police and reviewed by the Police Department's Community Advisory Council. At the November 29, 2000 meeting of the Department's Community Advisory Council (roster attached) the proposed expenditure plan for the 2000 LLEBG Program was reviewed. There were 15 members of the Advisory Council present. The Advisory Council approved the requests as presented. The LLEBG Program requires that the City hold a public hearing to consider the requests from the Chief of Police. The City of Arroyo Grande has been allocated approximately $12,322. There is a requirement that the local agency receiving the funds contribute a match in cash towards the grant. For the City of Arroyo Grande, this will equate to approximately $1,369. Upon factoring in the match funds, the total funds available for expenditure under the LLEBG Program is approximately $13,691. This is the fifth year the City has received LLEBG funds. RECOMMENDED EXPENDITURES: Upon analysis of Department and community needs, the Chief of Police recommends that the LLEBG Program funds be utilized for the following purposes: 1 . CRIME PREVENTION SERVICES $5,000 The Police Department has contributed a total of $20,000 from the past three LLEBG Programs to the South County Youth Coalition to assist in the development of the Youth Master Plan for the Five Cities area. The initial plan has been completed. The Coalition is engaged in implementing the plan as well as continuing to update and refine the plan. It is recommended that $5,000 be given to the Coalition for continued development of the program. The goal is to have other municipalities and the County also contribute funding to the Coalition. 2. RADIO ALERT TRANSMITTERS (7) $ 7 ,000 In an effort to enhance the safety to police officers and the community during emergency responses utilizing emergency lights and sirens, it is recommended that seven (7) radio alert transmitters by Adicorp be purchased to be installed in marked police patrol vehicles. These low powered transmitters transmit a continuous verbal warning signal over the entire standard AM/FM radio band when the patrol unit's emergency equipment has been activated. The message is J/Warning, Approaching Emergency Vehicle" and will be broadcast alternating in English and Spanish. The broadcast range is between 500 and 1,200 feet. In addition to creating a safer environment for emergency vehicle responses, the device will also aid in creating safer environments during traffic stops and at accident scenes. 3. SUPPLIES FOR VOLUNTEER PROGRAMS $1,691 There is a need to purchase supplies and equipment for the Citizens Assisting Police (CAP) volunteer program. The CAP Program includes Citizen Patrol, staffing the Police Department sites in the Village during special events, assisting in vacation checks, and assisting in and about the police facility. Proposed expenditures would include purchase of supplies used in the training of volunteers, promotional supplies for volunteers, and replacement shirts and jackets for volunteers. AL TERNA TIVES: The following alternatives are provided for the City Council's consideration: 1 . Approve staff's recommendation; 2. Do not approve staff's recommendation; or 3. Modify as appropriate and approve staff's recommendation. Attachments (2) CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: Applicant: City of Arroyo Grande Location: Citywide Project: 2000 Local Law Enforcement Block Grants Program Proposal: Proposed expenditure of Federal funds for law enforcement related services as provided in the FY 2000 Federal Budget, $13,691 being the City of Arroyo Grande's approximate spending authority. The FY 2000 Appropriations Act provides for the continuation of the Local Law Enforcement Block Grants (LLEBG) Program to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the LLEBG Program is to provide funds to local government to enhance law enforcement services in order to reduce crime and improve public safety. These funds must be used to augment local law enforcement services and shall not be used to supplant existing funds. The LLEBG Program requires that the funds be appropriated pursuant to written requests of the Chief of Police and reviewed by the Police Department's Community Advisory Council. The City Council shall hold a public hearing to consider the requests from the Chief of Police. The City Council must consider these requests separate and apart from the proposed law enforcement allocations from the General Fund. The City of Arroyo Grande is expected to have a spending authority of $13,691 through the 2000 LLEBG Program. The Chief of Police will be presenting his requests for consideration. Representative: Rick TerBorch, Chief of Police Any person affected or concerned by this proposal may submit written comments to the Office of the Chief of Police before the City Council hearing, or appear and be heard in support of or in opposition to the proposal at the time of the hearing. Any person interested in the proposed expenditures may contact the Office of the Chief of Police at the Police Department, 200 North Halcyon Road, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday. IF YOU CHALLENGE AN ITEM 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 CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. 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. Date and Time of Hearing: Tuesday, December 12, 2000 at 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers 21 5 East Branch Street Arroyo Grande, California 93420 KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK Attachment ARROYO GRANDE POLICE DEPARTMENT COMMUNITY ADVISORY COUNCIL Houshang Abd Larry Greene Hospital Administrator SLO District Attorney's Office Pam Ables John Hayashi At-Risk Coordinator Agribusiness School District Susan Henslin Katcho Achadjian, Chairman Assistant Vice President, Bank Owner, Service Station County Supervisor Heather Jensen Chamber of Commerce Brad Anderson Contractor Jacque Lady Businesswoman Dick Blankenburg Newspaper Publisher, Retired Sandy Lubin Owner, Credit Bureau Bob Christianson Owner, Car Dealership Brian McBride Criminal Justice Educator, Retired Sam Cotton Mortgage Banker Randy Ouimette Pastor Mike Dennis Owner, Restaurant Carrol Pruett Bank CEO Nancy DePue School Superintendent Bill Schmidt SLO Drug & Alcohol Services Steve Flood Dentist Linda Shephard Community Member Nan Fowler Owner, Business Rick T erBorch Chief of Police Dick Franks Retired Jim Thomas Village Improvement Association Glenn Fuss SLO Probation Department (11-29-00) Accept A ward Confirmation Page 1 of 1 ATTACHMENT . AQQ,Ucatloll RFD Grc~..nl~ha_n.g~s Reports ::nce --------- Award Handbook Accept Award Confirmation ( 1\ ,,' r\ i~' \ \ Congratulations! You have accepted your jurisdiction's FY 2000 LLEBG Award and its corresponding special conditions. Review CEO ffif"ormiition- FY 2000 LLEBG Final Award Amount: $ 12,322.00 ~. -----~_..- Review Jurisdiction Matching Amount: $ 1,369.00 " Tnformatlon--- LLEBG Award Number: 2000-LB-BX-1380 ---- -..----- - ~ c~p..L6\\l.arc! LLEBG Award Date: 29-SEP-00 View Award Document Remember, acceptance of this Award and special conditions DOES NOT result in -- - ..-- ~ - ------------..-- an automatic payment of LLEBG funds. You must submit the RFD in order to Financial Institution receive funds, and you must submit it within 90 calendar days from the award "lnforl1l<Hion -. date. You may begin the RFD process now by clicking on the RFD Tab above. C~gKh~i.e to view and print your official FY 2000 LLEBG Award documents and Decline Award special conditions. --..----- - - ----- He Ip/freg ll,e n tly-^sk~d Questjgns H3(: j i"II:<; Log~Qff https://grants.ojp.usdoj .gov:8004/gms _ user/plsqI/award.accept_ award_confirmation 10/12/00 9.c. CITY OF ARROYO GRANDE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: Applicant: City of Arroyo Grande Location: Citywide Proposal: An Urban Water Management Plan Update is being prepared by the Public Works Department for the California Department of Water Resources. The update includes the City's Water Facilities, Projected Water Supply, Projected Water Use, Water Conservation Program, Water Shortage Contingency Analysis and Recycled Water Opportunities. Environmental Determination: Section 15262 of the California Environmental Quality Act provides that planning studies such as the Urban Water Management Plan Update are exempt from the requirements to prepare Environmental Impact Reports or Negative Declaration. Representative: Don Spagnolo, Director of Public Works/City Engineer Any person affected or concerned by this proposal may submit written comments to the Administrative Services Department before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal may contact the Public Works Department, 208 East Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m. to 5:00 p.m.), Monday through Friday. IF YOU CHALLENGE AN ITEM IN COURT, YOU MAYBE LIMITED TO RAISING ONL Y THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE MEETING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. ,Date and Time of Hearing: Tuesday, December 12, 2000, 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 East Branch Street Arroyo Grande, California A..d0t J1A O^-'Z- Kelly et re, Director of Administrative Services Publish 1T, Friday, December 1, 2000 MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEERt2J SUBJECT: APPROVAL OF THE DRAFT URBAN WATER MANAGEMENT PLAN UPDATE DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the Council adopt the attached resolution approving the draft Urban Water Management Plan Update. FUNDING: Urban water suppliers are required to adopt, and submit an Urban Water Management Plan to the California Department of Water Resources to be eligible to receive drought assistance. Although a request to receive drought assistance from the State has never been filed, conditions may require use of these funds in the future. DISCUSSION: The Urban Water Management Planning Act states that Urban Water Management Plans are to be submitted on December 31, 2000 from urban water suppliers delivering more than 3,000 acre feet of water or having more than 3,000 connections. The City's plan contains information on water supply, water use, and existing conservation programs. The water supply section of the plan focuses on ground water, surface water, recycled water, supplemental water, and supply projections to the year 2015 including a 3- year worst-case water supply estimate. The water use section focuses on past, current, and projected water use to the year 2015. The water conservation section focuses on the City's adherence to the 16 best management practices ("BMP's") established by the Department of Water Resources. The draft plan includes all information necessary to meet the requirements of the California Urban Water Management Planning Act. The City is required to update this plan every five years. The existing plan was last updated in 1990. The following key changes were made from the previous plan: ' . document format including the addition of various tables . addition of best management plan, including water conservation . revision to the project water demand based on projected build out . revision to the projected water supply AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation and adopt the resolution; - Do not approve staff's recommendation; - Modify as appropriate and approve staff's recommendation; or - Provide direction to staff. Attachments: Resolution Draft Urban Water Management Plan RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AND DIRECTING THE FlUNG AND IMPLEMENTATION OF THE CITY OF ARROYO GRANDE URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code Section 10610 et seq.), known as the Urban Water Management Planning Act, which mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water annually, prepare an Urban Water Management Plan (sometimes nerein "Plan"), the primary objective of which is to plan for the conservation and efficient lfse of water; and WHEREAS, AB 797 required that an initial Plan be adopted by December 31, 1985, after public review and hearing, and filed with the California Department of Water Resources within thirty days of adoption; and WHEREAS, the City of Arroyo Grande did prepare and file said Plan with the California Department of Water Resources after adoption in December, 1985 and updated the plan in 1990; and WHEREAS, AB 797 requires that said Plan be reviewed at least once every five years, and that the urban water supplier shall make any amendments or changes to its Plan which are indicated by the review; and WHEREAS, the City is an urban supplier of water providing water to more than 5,600 customers, and has therefore prepared and advertised for public review a draft Urban Water Management Plan Update, in compliance with the requirements of AB 797, and a properly noticed public hearing regarding said Draft Plan Update was held by the City Council on December 12, 2000, and a Final Plan was ordered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The Urban Water Management Plan Update is hereby adopted and ordered filed with the Director of Administrative Services; 2. The City Manager is hereby authorized and directed to file the Urban Water Management Plan Update with the California Department of Water Resources within 30 days after this date, in accordance with AB 797; RESOLUTION NO. Page 2 3. The City Manager is hereby authorized and directed to implement the programs as detailed in the adopted Urban Water Management Plan Update, including development of recommendations to the City Council regarding necessary procedures, rules, and regulations to carry out effective and equitable water conservation programs; 4. The attached Current Year Budget has been previously approved and authorized for implementation. On motion of Council Member , ~econded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of December, 2000. RESOLUTION NO. Page 3 MICHAEL A. LADY, MAYOR ATTEST: KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~~ . STE N ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY City of dJnoyo g"andE: URBAN WATER MANAGEMENT PLAN DRAFT VERSION NOVEMBER, 2000 2000 URBAN WATER MANAGEMENT PLAN TABLE OF CONTENTS SECTION I - Plan Adoption, Public Participation, and Planning Coordination. . . . . . . . . . . . . . 1 Plan Adoption .......................................................... 1 Public Participation ...................................................... 1 Coordination Within the City .............................................. 1 Interagency Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION II - The City of Arroyo Grande - History and Water Facilities. . . . . . . . . . . . . . . . . .2 Climate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Water Treatment and Distribution Facilities ................................... 2 SECTION III - Past, Current, and Projected Water Supply 1975 - 2015 and Three-Year Worst Case Supply Projections .............................................3 Ground Water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Local Surface Water from Lopez Reservoir (Arroyo Grande Creek Watershed) .......4 Recycled Water ......................................................... 5 Three-Year Worst Case Water Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Supplemental Water Supplies .............................................. 7 SECTION IV - Past, Current, and Projected Water Use 1975 - 2015 . . . . . . . . . . . . . . . . . . . . . . 8 Residential Sector ....................................................... 8 Commercial Sector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Industrial Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 InstitutionaVGovernment Sector ............................................ 9 Agricultural Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Supply and Demand Comparison .......................................... 11 SECTION V - Water Conservation Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 BMP 1 - Interior and Exterior Water Audits for Single Family and Multi Family Customers ...................................................... 12 BMP 2 - Plumbing Retrofit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 BMP 3 - Distribution System Water Audits, Leak Detection, and Repair ........... 12 BMP 4 - Metering with Commodity Rates ...................................12 BMP 5 - Large Landscape Water Audits and Incentives. . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 6 - Landscape Water Conservation Requirements. . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 7 - Public Infonnation .............................................. 13 BMP 8 - School Education ............................................... 13 BMP 9 - Commercial and Industrial Water Conservation . . . . . . . . . . . . . . . . . . . . . . . . 13 BMP 10 - New Commercial and Industrial Water Use Review ...................13 BMP 11 - Conservation Pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 BMP 12 - Landscape Water Conservation for New and Existing Single Family Homes 14 BMP 13 - Water Waste Prohibition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 BMP 14 - Water Conservation Coordinator .................................. 14 BMP 15 - Financial Incentives ............................................ 14 BMP 16 - Ultra Low Flow Toilet Replacement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION VI - Water Shortage Contingency Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 SECTION VII - Recycled Water Opportunities ..................................... 16 System Summary and Previous Reclamation Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SSLOCSD Wastewater Treatment Plant (WWTP) ............................. 16 LIST OF TABLES Table 1: Past Water Supply, 1975 - 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 2: Projected Water Supply, 2000 - 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Table 3: Three-Year Worst Case Water Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 4: Past Water Use, 1975 - 1995 ............................................ 10 Table 5: Projected Water Usage, 2000 - 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 APPENDICES Appendix A: Adopting Resolution ............................................... 17 Appendix B: List of Contact People ..............................................20 Appendix C: Excerpts from the Municipal Code ....................................22 2000 URBAN WATER MANAGEMENT PLAN Section I Plan Adoption, Public Participation, and Planning Coordination Plan Adoption The City of Arroyo Grande prepared this update of its Urban Water Management Plan (UWMP) during the Fall of 2000. The updated plan will be adopted by the City Council in December, 2000 (see Appendix A) and will be submitted to the California Department of Water Resources (DWR) within 30 days of Council approval. This plan includes all information necessary to meet the requirements of the California Water Code, Division 6, Part 2.6 (Urban Water Management Planning). Appendix B contains a list of people who were contacted in the development of the plan. Public Participation The City has involved the public in the Conservation planning process since the development of its first UWMP in 1985. As in past efforts, a public hearing was held at the regular City Council meeting for the current UWMP. A legal public notice was published in the local press prior to the hearing, and copies of the draft plan were made available at the City Hall. Coordination Within the City Coordination within the City of Arroyo Grande included valuable input from the Community Development, Building and Public Works Departments. The Community Development Department assisted with long-range land use predictions and future service needs. The Public Works department provided past and current water use data, billing structures, and leak audit information. Interagency Coordination The City of Arroyo Grande receives a substantial amount of its water resources from the Lopez Reservoir Project as described in Section II. A number of other agencies in south San Luis Obispo County also receive water from the project. These agencies include the City of Pismo Beach, the City of Grover Beach, A vila Beach, Port San Luis, and the Oceano Community Services District. A technical advisory committee composed of a representative of each agency advises the County Flood Control District in matters pertaining to the Lopez Project. During preparation of the UWMP, the 3-year worst-case supply scenario was based in part on a draft drought contingency analysis prepared by this committee. In addition, Grover Beach provided a copy of its UWMP to City Staff for consideration of conservation planning efforts by a nearby community. The Lopez Unified School District was also contacted regarding current education - 1 - curriculum relating to conservation. Section II The City of Arroyo Grande - History and Water Facilities The City of Arroyo Grande is located in the Southern portion of San Luis Obispo County along the banks of the Arroyo Grande Creek. The City, a general law entity, currently incorporates 5.45 square miles ofland area with primarily residential and agricultural land uses. The City's distinctive character derives from its traditional ties to agriculture, physical diversity, unique village, small town atmosphere, and rural setting. The City currently serves an estimated population of 16,007 residents through 5,675 metered connections. All connections to the City's water system are metered, and there are no agricultural or industrial connections. In 1999, the City produced a total of3,173 acre-feet of water. Water supply sources for the City are described below in Section III - Past, Current, and Project Water Supply. Climate The City of Arroyo Grande has a Mediterranean coastal climate with mild, dry summers and cool winters. The average annual precipitation is 16 inches. Water Treatment and Distribution Facilities The City delivers potable water supplies through its pressurized distribution system. The distribution system is composed of 65 miles of distribution mains, five storage reservoirs, and four pumping stations. The City's well system consists of seven wells, chlorination facilities, and a blending facility. Well No.9 in the City system extracts water from the Pismo Formation, a different aquifer from the other six wells. Raw water from Well No.9 receives iron/manganese filtration treatment prior to entering into the system. Lopez Project water receives treatment at a County-owned facility and enters the City's system at two metering stations. All City potable water is treated to meet drinking water standards, regardless of the source of supply. Wastewater treatment is conducted by the South San Luis Obispo County Sanitation District (SSLOCSD) at their Regional Treatment Facility. - 2 - Section III Past, Current, and Projected Water Supply 1975-2015 and Three-Year Worst Case Supply Projections The City of Arroyo Grande has a variety of water sources including ground water, local surface water, and ponded stonn water. The City has potential additional supplies from water transfer agreements and sub-surface "banking" of surface water supplies. Ground Water Prior to 1966, the City's water supply was derived solely from groundwater pumping from the Arroyo Grande Plain, Tri-Cities Mesa (AGP-TCM) groundwater sub-basin of the Santa Maria Ground Water Basin. In 1966, the City entered into an agreement with the County of San Luis Obispo Flood Control District to receive a yearly allocation of2,290 acre-feet of additional water from the Lopez Reservoir Project as described below. Since then, groundwater has been used as a secondary source of supply, with an average yearly groundwater extraction of 334 AFY for the time period of 1996 through 1999. Four urban agencies currently extract water from the AGP- TCM basin including the City of Arroyo Grande, the City of Grover Beach, the City of Pismo Beach, and the Oceano Community Services District. Additional basin uses include agriculture and subsurface flow to the Pacific Ocean. The above-referenced urban entities entered into an infonnal understanding in 1983 regarding safe well extractions from the basin. This understanding is often referred to as the "Gentleman's Agreement" Each entity was allocated a yearly basin extraction based on a 1979 Groundwater Study perfonned by the Department of Water Resources and groundwater use preceding the Lopez Project. The City's preliminary entitlement was established at 1,200 AFY. The Department of Water Resources has prepared an updated groundwater study which possibly could be used to refine safe entitlements. Five of the City's wells (Well No.'s 1,3,4,5, & 8) pump water from the Paso Robles Formation of the AGP- TCM at a casing depth of 200 to 251 feet. Nitrate levels in the raw water from Well No.5 exceeds Maximum Contaminant Level. As a result, the raw water is blended with Lopez Project water or other well water to dilute the nitrates. City Well No.7 (1,000 gpm) extracts water from a casing depth of 580 feet and does not have high nitrate levels. In addition to the water supply obtained from the Paso Robles Fonnation of the AGP-TCM, Well No.9 within the City system is capable of extracting approximately 100 AFY from a separate basin source - the Pismo Fonnation. The casing depth for this well is 389 feet, and the well water receives iron/manganese treatment prior to discharge into the system. Water used for agriculture within the City limits is produced from privately-owned wells and from riparian diversions. The City does not have any agricultural connections to the public water system. The owners of these private agricultural water wells produce 80 to 90 percent of the water extracted from the AGP- TCM sub-basin. The major diversions of surface water occur - 3 - during irrigation of lands adjoining Arroyo Grande Creek. The Lopez Project is obligated to discharge up to 4,200 acre-feet of untreated surface water into Arroyo Grande Creek during non- spill periods. The purpose of this release is to maintain groundwater levels in the wells downstream of the dam and to satisfy downstream vested water rights. Agricultural groundwater pumping rates are expected to remain relatively constant in the future. The Lopez Project is currently in the process of amending the Water Rights Application with the State Water Resources Control Board. In conjunction with this application amendment, a Habitat Conservation Plan is currently in process to address concerns of how the Project manages the dam releases. This plan is expected to be completed by the end of 200 1. Local Surface Water from Lopez Reservoir (Arroyo Grande Creek Watershed) In 2000, the City entered into a new agreement with the County of San Luis Obispo Flood Control District to receive a yearly allocation of2,290 acre-feet of water from the Lopez Reservoir Project. The City's allocation accounts for approximately 51 % of the available purchased water from Lopez. In addition to its yearly allocation, the City is also eligible for surplus water from the project. Since that date, an average surplus of 580 acre-feet per year (AFY) has been purchased. The minimum surplus available since 1986 occurred in 1991-92, near the end of a period of drought, during which the available surplus was 247 acre-feet. The Lopez Reservoir Project receives runoff from the Arroyo Grande Creek Watershed. The capacity of the reservoir is 51,700 acre-feet, and 4,200 acre-feet of untreated surface water is available for discharge into Arroyo Grande Creek as described previously. In a year of average precipitation, the "normal" inflow into the reservoir is 10,730 acre-feet, evaporation is 2,000 acre-feet, and therefore safe yield is 8,730 AFY. During the drought years of 1986 through 1990, the average yearly inflow was only 4,500 AFY. Using this information, the net yearly reduction in reservoir storage can be calculated as follows: Surface Storm Runoff into Reservoir: "Normal" Inflow into Lopez Reservoir = 10,730 AFY "Drought" Inflow into Lopez Reservoir (1986-90) = 4,500 AFY Demands on Lopez Reservoir Water: Evaporation = 2,000 AFY Available downstream release = 4,200 AFY Urban Users = 4,530 (the City of AG receives 50.5% or 2,290 AFY) Total Yearly Demand = 10,730 AFY Net Yearly Deficit in Extended Drought = 4,500 - 10,730 = - 6.230 AFY The minimum pool for the reservoir is 4,000 acre-feet. Ifthis minimum stage of the reservoir is reached and a drought continues, the City of Arroyo Grande will not receive its full 2,290 AFY entitlement, but will continue to receive 50.5% of the safe urban yield. The Lopez Reservoir is - 4 - currently at 72% of capacity, which equates to 37,400 acre-feet of storage. If an extended drought begins this year, and it is assumed that all water recipients continue to use their full entitlements, the reservoir will reach minimum pool after approximately 5 years of drought. The County Flood Control District (Zone 3) is currently working on an Urban Management Plan to implement drought-related demand reduction measures well in advance of the reservoir reaching minimum pool. This plan should be available by the end of 2000. Recycled Water In addition to the domestic supply sources described above, the City operates the Soto Sports Complex Storm Water Reclamation Project. The project includes a forty-acre joint use facility which serves as a collection point for drainage from a third of the City's area. Storm water is collected for the subsequent irrigation of a park and seven athletic fields. The estimated irrigation capacity of the system is 100 AFY. The system includes drainage water sumps, an irrigation well, one booster pump stations, and an irrigation system. Wastewater from the City of Arroyo Grande is treated by the South San Luis Obispo County Sanitation District Treatment Plant. Wastewater from several urban entities is treated by the plant to a secondary-disinfected level and discharged to the Pacific Ocean. Several studies have been conducted to examine the feasibility of reclamation, but recycled water has not been deemed cost effective to date. This topic is covered in additional detail in Section VII, Recycled Water Opportunities. The following tables summarize the above-referenced water sources, examine past supply amounts, and project water supply through to the year 2015: Table 1: Past Water Supply, 1975-1995 Past Water Supply by Year (acre-feet) Sources of Supply 1975 1980 1985 1990 1995 Ground Water - AGP-TCM Sub-basin 1,200 1,200 1,200 1,200 1,200 Ground Water - Pismo Formation (Well No.9) 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 2,290 2,290 Surplus Lopez Project Water 600 700 910 Soto Sports Complex Reclamation Project 100 100 Totals 3,490 3,490 4,090 4,390 4,600 - 5 - Table 2: Projected Water Supply, 2000-2015 Future Projected Water Supply by Sources of Supply Year (acre-feet) 2000 2005 2010 2015 Ground Water - AGP-TCM Sub-basin 1,200 1,200 1,200 1,200 Ground Water - Pismo Formation (Well No.9) 100 100 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 2,290 Surplus Lopez Project Waterl 250 250 250 250 Soto Sports Complex Reclamation Project 100 100 100 100 Totals 3,940 3,940 3,940 3,940 Notes: 1. Surplus water is projected conservatively based on the minimum available surplus obtained from 1984 through 1996. The minimum surplus of250 acre-feet was obtained in 1991-92 at the end of a period of drought. Three Year Worst Case Water Supply In seasons of extended drought, the City of Arroyo Grande could receive a reduced surface water allocation from the Lopez Project. However, current reservoir levels will allow the normal allocation to be obtained over the next three years. For purposes of a worst case supply, it is assumed that no surplus water will be available. Table 3: Three-Year Worst Case Water Supply Three-Year Worst-Case Supply Sources of Supply Projections (acre-feet) 2000 2001 2002 Ground Water - AGP-TCM Sub-basin 1,200 1,200 1,200 Ground Water - Pismo Formation (Well No.9) 100 100 100 Lopez Reservoir Project Water Entitlement 2,290 2,290 2,290 Surplus Lopez Project Water 0 0 0 Soto Sports Complex Reclamation Project 50 50 50 Totals 3,640 3,640 3,640 - 6 - Supplemental Water Supplies In order to offset potential future water shortages due to drought or disaster, the City is considering the following supplemental water supplies: Water Transfers Several entities in San Luis Obispo and Santa Barbara Counties are contractors to the Coastal Branch of the State Water Project. State water is delivered through the existing Lopez Project pipeline which also serves the City of Arroyo Grande. State Water Contractors may sell a portion of their water allocation for emergency or stand-by water. In 1990, the people of Arroyo Grande passed Measure A which stipulates that final decisions regarding State Water must be put to a general vote. "Banking" of Surplus Lopez Water in the AGP- TCM Basin In years with adequate precipitation, a significant amount of surplus Lopez water, even as much as 1,000 acre-feet, is available for purchase by the City of Arroyo Grande. The City has retrofitted one well within the City system to test the possibility of "banking" surplus Lopez water in the AGP-TCM Basin for future shortfalls. If this program is successful, it offers an opportunity to use the groundwater basin conjunctively with the Lopez reservoir to increase the overall yield of the basin. - 7 - Section IV Past, Current, and Projected Water Use 1975-2015 Residential Sector In the City of Arroyo Grande, residential use accounts for nearly 80% of total water consumption. In 1999, the average use for each single family residence was 400 gallons per day. The average residential (single and multiple family) per capita use, excluding other water use categories, has remained fairly constant over the last four years within a range of 137 to 167 gallons per capita per day (gpcd). Each multi-family water account typically represents more than one dwelling unit. As a result, use per connection estimates in the multi-family category provide limited information. A discretionary water neutralization program has been employed by the City since 1991. The Community Development Department conditions residential and commercial developers to retrofit existing properties to offset proposed water use. In accordance with the City's Long Range Planning Report (November 1995), the population of the City is expected to increase from 15,500 to 18,500 over the next twenty years - a growth rate of approximately 0.9%. When compared to the existing residential areas, future development in the City is expected to consist of larger lots/homes with proportionately more landscaping. As a result, even though conservation efforts are expected to reduce per capita usage over the next 20 years, these efforts will be partially offset by the larger lots. Commercial Sector The City of Arroyo Grande has a variety of existing commercial land uses including the following general areas: 1. The Arroyo Grande Village - The Village area has a small-town, rustic nature and includes such commercial installations as antique and novelty shops, restaurants, coffee houses, professional offices, and other small retail operations. 2. Highway 101 Corridor/Grand Avenue - This area includes larger retail installations for general shopping and commercial needs. 3. Halcyon Road - Predominantly medical-related businesses due to the proximity to Arroyo Grande Hospital. 4. Traffic Way - Mostly auto and auto-related commercial uses. 5. El Camino Real- Auto repair, miscellaneous fabrication and small production facilities, and a hardware store. - 8 - 6. Five Cities Center - This area includes large retail operations for general shopping. Industrial Sector The City does not have any vacant land zoned for industrial use. There are currently no industrial water connections in the City system. Institutional/Government Sector The City has a slowly growing institutional/governmental sector, primarily local government, an elementary school, and a performing arts center are expected to be constructed in the upcoming years. Water use is estimated to increase at the rate of approximately 0.9% per year. Agricultural Sector All agricultural water within the City limits is provided by private wells. The City places a high value on maintaining agricultural land uses within the City and as a result, it is expected that agricultural ground water pumping will remain fairly constant over the next 20 years. - 9 - Table 4: Past Water Use, 1975-1995 Past Water Use by Year (acre-feet) Customer Sector 19751 19801 19851 1990 19952 Residential - Single Family -- -- -- 2,066 1,887 Residential - Multi-Family -- -- -- 275 155 Commercial/Institutional -- -- -- 275 310 Governmental, System Maintenance -- -- -- 138 103.5 Landscape Irrigation -- -- -- N/A 129.2 Agricultural -- -- -- 0 0 Industrial -- -- -- 0 0 Unaccounted (losses) -- -- -- 168 43 Totals 1,293 1,942 2,683 2,922 2,628 Notes: 1. Prior to 1988, water use was not reported by customer sector. 2. Per-capita residential and multi-family usage was lower in 1995, perhaps due to increased conservation awareness. Table 5: Projected Water Usage, 2000-2015 Projected Water Use by Year (acre-feet) Customer Sector 2000 2005 2010 2015 Residential - Single Family 2,100 2,200 2,300 2,400 Residential - Multi-Family 200 210 220 230 Commercial/Institutional 400 420 440 460 Governmental, System Maintenance 110 115 120 125 Landscape Irrigation 135 140 150 155 Agricultural 0 0 0 0 Industrial 0 0 0 0 Unaccounted for Losses (Assume 5%) 145 155 160 170 Totals 3,090 3,240 3,390 3,540 - 10 - Supply and Demand Comparison Tables 1 through 5 compare past, current, and project water supply and demand. These tables indicate that the City should have adequate water supplies to meet its customers' needs through 2015. In summary, this estimate is based on the following assumptions: . Lopez Reservoir water will continue to be available at current levels. As described previously, the reservoir has storage adequate to survive a 5-year-Iong drought condition before minimum pool is reached, and demand reduction measure would be implemented well before that point. . Ground water from the AGP-TCM Sub-basin will continue to be available in accordance with the "Gentleman's Agreement." Ground water from the Pismo Formation will also continue to be available at the current rate. . The City will continue to operate and maintain the Soto Sports Complex Storm Water Reclamation Project. - 11 - Section V Water Conservation Programs Best Management Practices (BMP) BMP 1 - Interior and Exterior Water Audits for Single Family and Multi-Family Customers Over the past 5 years, the City has been engaged in a number of retrofit efforts. Retrofitting is generally performed by developers in order to offset water use anticipated with new commercial or residential construction. This "water neutralization" process is applied as a mitigation measure during the planning process. In June 1997, the City was able to further its efforts toward implementation of BMP 1 as a result of water neutralization for a 44-acre commercial development. The mitigation measure for the project indicated that the developer must implement a retrofit program to offset 48 AFY of water use. As part of this effort, the City identified the top 20% of water users in the residential and commercial sectors. This identification process was facilitated by a computer database containing categorized metered use data. In the future, the City will continue to make retrofitting efforts through water neutralization a priority as new development continues. The capabilities of the water use data base will allow the City to update the list of top water users in conjunction with the retrofit process. The City will continue to implement this BMP as a mitigation measure for new development. BMP 2 - Plumbing Retrofit The City has adopted the Uniform Plumbing Code (UPC) in connection with new construction. As a result, the water-conserving provisions of the UPC, including low flow toilets, are incorporated into new construction in the City. The City does not consider the retrofit portion of this BMP to be separate from BMP 1. BMP 3 - Distribution System Water Audits, Leak Detection, and Repair The Public Works Department carefully accounts for water production and use. The City maintains an on-going program of meter calibration and replacement that tracts the age and calibration frequency of each city meter. Water for flushing operations and other maintenance procedures is also measured and logged. These efforts have produced a system that is consistently under 5% oftotal production in un-accounted-for water (UA W). The City has also implemented an on-going capital improvement program for the replacement of older water mains and services. In the future, the City will continue to audit water use and production carefully in order to maintain the current low levels ofUA W. BMP 4 - Metering with Commodity Rates All connections within the City are metered, and billing is proportional to volume of use. The City will continue to implement this BMP in the future. - 12 - BMP 5 - Large Landscape Water Audits and Incentives Large landscape users within the City of Arroyo Grande include four parks, a sports complex, and the Arroyo Grande District Cemetery. Following the 1985 UWMP, the City identified the Soto Sports Complex as a significant irrigation water user and proceeded with a storm water reclamation project for irrigation of the site as described in previous sections. Currently, the cemetery is the largest irrigation user with an average consumption of approximately 20 acre-feet per year for 1995 and 1996. As the City engages in additional retrofit programs in conjunction with development, the cemetery and other large landscape sites will be identified as possible sources of water neutralization. BMP 6 - Landscape Water Conservation Requirements The City has not yet adopted a conservation landscape ordinance. However, new development projects are often conditioned to provide drought resistant landscaping, install drip irrigation systems, and limit use of landscaping using high water demand. BMP 7 - Public Information The City has a forum to promote water conservation in its newsletter entitled "The Stage Coach Express." The newsletter provides opportunity to inform the public on conservation efforts, retrofit opportunities, and new City conservation policies. Other opportunities for public involvement will occur as an integral part of the Urban Management Plan preparation process. The City will continue to implement this BMP to keep the public aware of the importance of conservation. BMP 8 - School Education During the preparation of this UWMP, the City contacted the curriculum department of the Lucia Mar School District. According the curriculum coordinator, water conservation education has been incorporated into the various science programs. Implementation of this BMP is expected to continue at its current level. BMP 9 - Commercial and Industrial Water Conservation As described in BMP 1, the top 20% of commercial water users in Arroyo Grande have been identified in conjunction with water neutralization for new development. The City will continue to identify top commercial users to facilitate the meeting of retrofit requirements. BMP 10 - New Commercial and Industrial Water Use Review The last large vacant commercial property within the City has been developed. When preparing the conditions of approval for this site, the City required water neutralization, conservation landscaping, and other items consistent with this BMP. There are no industrial connections within the City, and future commercial development will be primarily in-fill on small lots. New commercial installations will be required to comply with UPC requirements for low flow - 13 - fixtures. BMP 11 - Conservation Pricing As described in BMP 4, the City's water billing is by volume of use. A uniform rate (currently 90~ per 100 cubic feet) is added to a moderate fixed charge and the Lopez charge to form the total water charge. The sewer collection bill is also billed at a rate depending on the account type of rate, currently ranging from 22~ to 37~ per hundred cubic feet. BMP 12 - Landscape Water Conservation for New and Existing Single Family Homes The City has generally not implemented this BMP for single family homes. BMP 13 - Water Waste Prohibition Currently Section 6-7.13 of the City's Municipal Code makes it unlawful for any person to willfully or negligently waste water. BMP 14 - Water Conservation Coordinator Prior to 1991, the City employed a part time conservation coordinator. Due to budgetary constraints, this position was eliminated and conservation duties have been absorbed by the Public Works Department. BMP 15- Financial Incentives Financial incentives for conservation efforts are currently provided by individual developers seeking to fulfill their respective neutralization requirement. These efforts are addressed in the other BMP's. BMP 16 - Ultra Low Flow Toilet Replacement The City considers this BMP as an integral component of BMP 1. - 14 - Section VI Water Shortage Contingency Analysis As described in previous sections, Zone 3 of the County Flood Control District is also working on an Urban Management plan that would address rationing of the City's surface water source. In the event that the surface water source is unavailable for a significant period of time due to an emergency or unprecedented drought, the City will be able to provide an average flow of 340 gallons per capita day from City well water. This figure exceeds the typical health standard of 50 gallons per capita day. There currently exists Sections in the City Municipal Code which addresses water use restrictions which may be implemented during critical water supply conditions. These Sections of the Municipal Code are shown in Appendix C of this 2000 Urban Management Plan. - 15 - Section VII Recycled Water Opportunities As described in previous sections, the City of Arroyo Grande currently recycles storm water for irrigation use at the Soto Sports Complex. This recycled water source is expected to continue as described in Water Supply above. The following sections focus on the feasibility and applicability of wastewater reclamation to Arroyo Grande. System Summary and Previous Reclamation Studies The South San Luis Obispo County Sanitation District (SSLOCSD) provides collection, treatment, and disposal of wastewater for the communities of Arroyo Grande, Oceano, and Grover Beach. The total population served is approximately 30,000 persons producing an average daily flow of2.8 million gallons per day. In 1982, and again in 1993, SSLOCSD hired a consultant to study opportunities to provide recycled water to the surrounding communities. Potential uses include agricultural and/or landscape irrigation, groundwater recharge, habitat restoration, and industrial uses. Unfortunately, the SSLOCSD treatment plant is geographically isolated from the potential reclamation customers. As a result, it was generally determined that the scope of capital improvements necessary to treat the wastewater to the required level, transport it to the potential use areas, and distribute it to the individual customers made the project economically infeasible. In the future, SSLOCSD will continue to search for potential reclaimed water users in closer proximity to the treatment plant. SSLOCSD Wastewater Treatment Plant (WWTP) The WWTP utilizes primary sedimentation followed by a conventional activated sludge system to treat incoming wastewater to a secondary-disinfected level prior to discharge. The effluent is then released to the Pacific Ocean through an outfall line and a diffusion structure. Unfortunately, many of the agricultural and landscape irrigation opportunities for reclamation require a tertiary effluent. For the WWTP to provide tertiary treatment, costly capital improvements would be necessary to provide for filtration and additional disinfection. - 16 - RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AND DIRECTING THE FILING AND IMPLEMENT A TION OF THE CITY OF ARROYO GRANDE URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly BiII 797 (Water Code Section 10610 et seq.), known as the Urban Water Management Planning Act, which mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water annually, prepare an Urban Water Management Plan (sometimes herein "Plan"), the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS, AB 797 required that an initial Plan be adopted by December 31,1985, after public review and hearing, and filed with the California Department of Water Resources within thirty days of adoption; and WHEREAS, the City of Arroyo Grande did prepare and file said Plan with the California Department of Water Resources after adoption in December, 1985 and updated the plan in 1990; and WHEREAS, AB 797 requires that said Plan be reviewed at least once every five years, and that the urban water supplier shall make any amendments or changes to its Plan which are indicated by the review; and WHEREAS, the City is an urban supplier of water providing water to more than 5,600 customers, and has therefore prepared and advertised for public review a draft Urban Water Management Plan Update, in compliance with the requirements of AB 797, and a properly noticed public hearing regarding said Draft Plan Update was held by the City Council on December 12,2000, and a Final Plan was ordered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The Urban Water Management Plan Update is hereby adopted and ordered filed with the Director of Administrative Services; 2. The City Manager is hereby authorized and directed to file the Urban Water Management Plan Update with the California Department of Water Resources within 30 days after this date, in accordance with AB 797; 3. The City Manager is hereby authorized and directed to implement the programs as detailed in the adopted Urban Water Management Plan Update, including development of recommendations to the City Council regarding necessary procedures, rules, and regulations to carry out effective and equitable water conservation programs; - 18 - RESOLUTION NO. Page 2 4. The attached Current Year Budget has been previously approved and authorized for implementation. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 12th day of December, 2000. - 19 - RESOLUTION NO. Page 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: --;;~~ - STEV ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY - 20- LIST OF PEOPLE CONTACTED DURING PREPARATION OF URBAN WATER MANAGEMENT PLAN Don Spagnolo, Director of Public Works/City Engineer, City of Arroyo Grande, CA Shane Taylor - Public Works Supervisor, City of Arroyo Grande, CA Larry Schmidt, Chief Building Inspector, City of Arroyo Grande Kerry McKants, Community Development Director, City of Arroyo Grande, CA Dwayne Chisam, City of Santa Maria, Water Resources Director Christine Ferrara, Zone 3 Contact for SLO Co. Nancy DePue, Lucia Mar School District - Curriculum Coordinator Rob Miller, Civil Engineer, John Wallace & Associates, San Luis Obispo, CA Rusty Garing, Civil Engineer, Garing Taylor & Associates, Arroyo Grande, CA Rocky Rogers, Utilities Supervisor, City ofPismo Beach, CA - 22- 6-7.1:5 6-7.18 any water service pipe between the point of connection with the water ) _./ main and the meter placed on such pipe line, or to take or draw water from any main, pipe, or hydrant of the City in any manner not authoriz- ed by the provisions of this chapter. (Sec. XIII, Ord. 199) Sec. 6-7.16. Unauthorized connections. Should the occupant of any premises, or any person for him or on his behalf, turn on water after it has been turned off by the Water Department, the meter shall be removed and a charge of Five and no/1OOths ($5.00) Dollars made in addition to the amount of all bills then due before water shall be again turned on. ~ (~ec. XVII, Ord. 199) Sec. 6-7.17. Restricted use of water: Notice. J Upon notice published in the weekly newspaper of the City, the ,_../ Director of Public Works shall have the right to restrict the use of the water for sprinkling, wetting, irrigation, or construction purposes to such hours and for such time as may be deemed advisable for the bast interests of all concerned. (Sec. XIV I , Ord. 199) Sec. 6-7.18. Joint usa of service. The Director of Public Works may permit more than one place of business, using small quantities of water mainly for lavatory and drinking purposes, to be served through the same meter when, in his opinion) special conditions justify such service, and in all such cases a minimum established meter rate shall be charged for each separate place of business so served of not less than the established minimum ".) I' rate. 233 6-7.09 6-7 J.l i ! certaining whether or not it is registering correctly. If the meter ,J shall be round to register three (3%) percent more water than actually passes through it, another meter shall be substituted therefor and the Five and nO/lOOths <*5.00) Dollar deposit refunded and the water bill for the current period adjusted in such an amount as the City Clerk shall deem fair and just; otherwiset the deposit shall be retained by the City to pay the expense of such examination and test. (Sec. XIII, Ord. 199) Sec. 6-7.10. Rip:ht of entry. , Any duly authorized agent of the City shall be allowed free aCCess to make a personal examination of the premises of any applicant or consumer of water for the purpose of designating the rate to be applied to such premises and for the inspection of water, pipes, and equipment - ~) connected thereto. .(Sec. V, Ord. 199) Sec. 6-7.11. Unlawful acts: Interference with pipes: Emergency shortages. No person, except a duly authorized agent of t~e City, shall turn the water on or off from any building or premises, and no person shall tap, cut, or move any water pipe laid in streets or alleys unless per- mission to do so has been granted by the Water Department furnishing the water. In case of fire and during a stated period of water shortage, no person shall take any water from any fire hydrant or street sprinkling tank, and ,all irrigating' faucets, hose sprinklers, and water shall be immediately turned off upon an alarm of fire or water shortage and shall not be turned on again until the fire or water shortage is known to be ~j extinguished or terminated. (Sec. V, Ord. 199) 231 6-7.12 6-7.15 ~"Sec. 6-7.12. Unlawful acts: Use of water for boilers and similar appara.tus. It shall be unlawful for any person to draw water from any City pipes directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. \ (Sec. XIX, Ord. 199~ Sec. 6-7.1.3. Unlawful acts: Wasting water. It shall be unlawful for any person to wilfully or negligently waste water. (Sec. XVIII, Ord. 199) Sec. 6-7.14. Unlawful acts: Unauthorized use of water. It shall be unlawful for any consumer, without the written consent / of the Director of Public Works, to supply water to any person other ~ ..........than the occupant of the premises of such consumer, or to permit any unauthorized use of water through any meter installed for the use of such consumer. (Sec. XXI, Ord. 199) Sec. 6-7.15. Unlawful acts: Interference with equipment. It shall be unlawful for any person to open any City fire hydrant, stock-cock, or gate valve, or to meddle with any street service, water connection, backflow device, or water meter, or to meddle or tamper with any water meter box or meter box lid, or to drive a motor vehicle over or obstruct a. water meter or a water meter box attached to any pipe connected with the water main or water pipes of the City, or to turn on or off water in any water main or water pipes, or to tap, break, l ~or injure any fire hydrant, water main, water pipes, water meter, meter , ~, box, meter box lid, or any reservoir belonging to the City, or to tap 232 . 10.a. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGERY SUBJECT: EAST GRAND AVENUE MASTER PLAN PUBLIC PARTICIPATION FORMAT DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council provide staff direction and feedback on the proposed agenda format for the East Grand Avenue Master Plan public workshop and process. No formal action is necessary at this time. FUNDING: The initial public workshop for the East Grand Avenue Master Plan project will be coordinated in-house with existing resources. Some outside assistance for preparation of graphics materials and potentially consultant services may be recommended for the series of group discussions following development of initial concepts. However, a specific funding request will be prepared following the introductory workshop. DISCUSSION: At the November 28, 2000 City Council meeting, staff presented recommendations for the Grand Avenue corridor overlay process. Since a number of other potential proposed improvements are now under consideration, the project is being referred to as a master plan effort. The City Council concurred with the majority of the recommendations, but directed staff to schedule an initial public workshop to explain the goals of the process and seek public input before developing initial concepts. Staff was further directed to work with the Chamber of Commerce in planning the workshop. Based on input from members of the Council and a meeting with representatives of the Chamber of Commerce, the attached draft agenda was agreed upon. The workshop is proposed to be held in late January in the City Council Chambers. This will provide an opportunity to publicize the meeting in the January issue of the City's newsletter. The format is broken down into three parts to cover identifiable topics. These are: CITY COUNCIL EAST GRAND AVENUE MASTER PLAN PUBLIC PARTICIPATION FORMAT DECEMBER 12, 2000 PAGE 2 . To further define what was meant by the responses to the General Plan Survey, which emphasized a desire for a pedestrian friendly atmosphere, a consistent architectural theme, and more attractive shopping; . To receive feedback from the community on businesses and land uses they believe would be successful, would not be successful, and that they feel would be desirable in order to best meet their needs; and . To discuss and receive feedback regarding proposed strategies, including the overlay process, public improvements, density incentives, fac;ade improvement programs, etc. Each part would have a presenter to provide background and a facilitator to lead the discussion and record feedback received. The presenter could also serve as the facilitator and it is recommended that City representatives serve in these roles. Some interest was expressed by members of the City Council in taking an active part in the workshop, including potentially serving in a facilitator role. The intent would be to demonstrate the Council's commitment to the process and establish a partnership with the community in developing the vision for the corridor. At the planning meeting with the Chamber of Commerce, a preference was expressed by the Chamber for staff to serve in these roles. The Chamber representatives felt this is important in order for Council members to be free to express their ideas in the discussion. Staff would appreciate City Council direction regarding staff participation in the workshop. The Chamber of Commerce would participate in the welcome, summary, organization and promotion of the meeting. The following methods of publicizing the meeting are proposed: . City newsletter article . Distribution of Chamber of Commerce "Hot Sheets" . Direct contact by Chamber of Commerce to businesses in target area . City mailing to businesses in target area . Chamber of Commerce newsletter article . City web site . Chamber of Commerce web site . Announcement in utility bills In order for Council members and interested Commissioners to freely participate in the discussion under Brown Act regulations, it is also recommended that the workshop be publicly noticed as a special City Council, Planning Commission and Traffic Commission meeting. CITY COUNCIL EAST GRAND AVENUE MASTER PLAN PUBLIC PARTICIPATION FORMAT DECEMBER 12, 2000 PAGE 3 Once the workshop is completed, it is recommended that the City proceed with the process as roughly outlined in the prior staff report. Based on the feedback from the workshop, staff would draft some basic alternative concepts. These concepts would then be presented in a follow up workshop, series of small group discussions, community organization meetings and meetings with individual business owners. The purpose would be to involve as many people in the community as possible and receive feedback before developing final recommendations. Specific recommendations would then be developed and proposed in a three phase approach, beginning with the "Gateway". In the November 14 report, staff recommended dividing the project into segments. They include "The Gateway" (Oak Park Boulevard to Elm Street), "The Midway" (Elm Street to Halcyon Road), and "The Highway" (Halcyon Road to Highway 101). This approach would allow the City to pursue different approaches to address the distinctive characteristics of these three segments, while developing some common themes for the entire corridor. The Gateway was recommended as the highest priority due to the larger lot sizes and number of undeveloped parcels. These characteristics make this area a logical choice for the application of a new approach to development along the corridor. A final series of public meetings and presentations would be scheduled to share the recommendations for each segment prior to submitting them to the City Council for final action. The following is a revised schedule for the project: . Initial workshop February 2001 . Development of concepts April 2001 . Series of community meetings July 2001 . Development of "Gateway" recommendations September 2001 . Community meetingslinput November 2001 . Environmental review November 2001 . Planning Commission/City Council hearings December 2001 . Begin recommendations for next segment January 2002 CITY COUNCIL EAST GRAND AVENUE MASTER PLAN PUBLIC PARTICIPATION FORMAT DECEMBER 12, 2000 PAGE 4 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Provide staff with direction to proceed with the initial workshop and process as recommended; - Provide staff with other direction. Attachments: Draft agenda for East Grand Avenue Public Workshop Draft Agenda . Welcome . Workshop Issues 1. Community Surveys 2. Business Climate on East Grand Ave. 3. Master Plan Overlay Segments . Community Feedback Sessions . Summary I Meeting Outcomes . Adjourn Opening Remarks . Mayor / Chamber Welcomes Audience . Opening Remarks: 1. Grand Avenue is vital to our economic future. 2. Workshops are about determining how it should look and what it should be now and into the future. 3. Appreciation of attendance and desire to become involved. 4. Explain format of different topics and how to structure discussions. 5. Thank you for taking time to help shape the economic future for the City. . Mayor or Chamber Introduces the first Facilitator Issue # 1 : Community Surveys . Facilitator: City Representative . Background: City Representative . Objectives: ./ To define what is meant by "pedestrian friendly environment" on East Grand Avenue ./ To determine what is meant by "a common architectural theme" on East Grand Avenue. ./ To determine what is meant by "more attractive shopping" along the East Grand Ave corridor. . Workshop Process: 1. Facilitator will provide a background on the General Plan Surveys and summarize their results relative to the objectives. 2. The objectives will be posted on chart paper as titles for audience feedback. 3. Facilitator will lead a feedback session with City Staff or Chamber Staff capturing data on chart paper. Issue #2: Business Climate on Grand Ave. . Facilitator: City Representative . Background: City Representative . Objectives: ./ To identify the types of businesses that appear to be most successful on East Grand Avenue. ./ To collect ideas and perspectives on the types of uses that would be beneficial on East Grand Avenue, now and into the future; (Retail only, Commercial/Retail, Offices, Mixed uses etc). . Workshop Process: 1. The objectives will be posted on chart paper as titles for audience feedback. 2. Facilitator will lead a feedback session with City Staff or Chamber Staff capturing data on chart paper. Issue #3: Master Plan Overlay Segments . Facilitator: City Representative . Background: City Representative . Objectives: ./ To collect feedback and determine what additional ideas might be incorporated into the design concept, with a view toward community consensus on the Overlay. . Workshop Process: 1. Facilitator will present the proposed Overlay Concept to the audience and conduct a brief Q & A, to ensure the concept is understood. 2. The objective will be posted on chart paper as a title for audience feedback. 3. Facilitator will lead a feedback session with City Staff or Chamber Staff capturing data on chart paper. Summary: Meeting Outcomes / Wrap-up . Facilitator: City Representative 1. Facilitator will summarize the outcomes of the Workshop. (Did we accomplish our objectives?) 2. Facilitator will identify any unfinished work or open objectives if any. 3. Probable Tasks / Issues for the 2nd Workshop will be identified. 4. Approximate dates for the 2nd Workshop will be identified. . Audience Acknowledgement and Adjourn: ./ Mayor ./ Chamber Representative 11.8. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council make appointments to those Boards, Commissions, and Committees with Council representation. FUNDING: There is no fiscal impact. DISCUSSION: With the seating of a new City Council, it is an appropriate time to make appointments to the various Boards, Commissions, and Committees that have Council representation. An appointments list is attached for the Council's review which shows vacancies and existing appointees. Each of the groups listed either requires a member of the Council as the representative or has traditionally been the practice. Options include filling vacancies, making reappointments, and/or selecting new assignments. The appointments list identifies the specific Board/Commission/Committee, the frequency of meetings, the day, time, and location of the respective meetings, the staff contact (if applicable), and any requirements regarding the appointment. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Make the various appointments, reappointments, and/or reassignments; - Make selected appointments and direct staff regarding unfilled Boards/Commissions/Committees; - Make no appointments at this time; - Provide direction to staff. CITY COUNCIL APPOINTMENTS TO VARIOUS BOARDS I COMMISSIONS / COMMITTEES December 12, 2000 CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE South County Area Transit (SCAT) Jim Dickens (Meetings held third Wednesday of every other month; 3:00 PM; Pismo Beach Council Chambers) Staff Representative: City Manager Council of Governments/ Jim Dickens Regional Transit Authority (SLOCOG/SLORT A) (Meetings held first Wednesday of each month; 9:00 AM; Board of Supervisors Chambers, County Government Center) Staff Representative: Public Works Director/Community Development Director City Selection Committee (Mayors') Mike Ladv Tonv M. Ferrara (Enabling legislation requires the Mayor to be the primary representative) (Meets as needed; time varies; Board of Supervisors Chambers, County Govern- ment Center) Staff Representative: Not Applicable South San Luis Obispo County Mike Ladv Thomas A. Runels Sanitation District (SSLOCSD) (Enabling legislation requires the Mayor to be the primary representative) (Meetings held first and third Wednesday of each month; 6:00 PM; Oceano Community Services District Board Room) Staff Representative: Not Applicable Integrated Waste Management Tony M. Ferrara Thomas A. Runels Authority Board (IWMA) (Meetings held the second Wednesday of odd-numbered months; 1 :30 PM; Board of Supervisors Chambers, County Government Center) Staff Representative: Community Development Director CITY COUNCIL APPOINTMENTS - BOARDS I COMMISSIONS I COMMITTEES DECEMBER 12, 2000 PAGE 2 CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE Zone 3 Water Advisory Board Thomas A. Runels Jim Dickens (Meetings held third Thursday of odd-numbered months, rotating between the South County agencies; 7:30 PM) Staff Representative: Public Works Director County Water Resources Thomas A. Runels Jim Dickens Advisory Committee (WRAC) (Meetings held first Wednesday of each month; 1 :30 PM; Agriculture Auditorium, 2146 Sierra Way, SLO) Staff Representative: Public Works Director Economic Vitality Corporation Tony M. Ferrara Jim Dickens (EVC) (Meetings held fourth Wednesday of each month; 3:00 PM, location varies) Staff Representative: City Manager Air Pollution Control District Tonv M. Ferrara Thomas A. Runels Board (APCD) (Meetings held fourth Wednesday of odd-numbered months; 9:00 AM; Board of Supervisors Chambers, County Government Center) Staff Representative: Not Applicable Economic Opportunity Jim Dickens Tony M. Ferrara Commission (EO C) (Meetings held third Thursday of each month; 5:00 PM; EOC Office, 1030 Southwood Drive, San Luis Obispo) Staff Representative: Not Applicable South County Youth Coalition Jim Dickens (Meetings held fourth Thursday of each month; 9:00 AM; Ramona Garden Center, 933 Ramona Avenue, Grover Beach) Staff Representative: Chief of Policel Director of Parks, Recreation and Facilities CITY COUNCIL APPOINTMENTS - BOARDS / COMMISSIONS / COMMITTEES DECEMBER 12, 2000 PAGE 3 CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE Long Range Planning Committee Tonv M. Ferrara (Meets on an as-needed basis; Arroyo Grande Council Chambers) Staff Representative: Community Development Director Community Recreation Center Jim Dickens Not Applicable Subcommittee (Meetings held fourth Wednesday of each month; 6:30 PM; Arroyo Grande Council Chambers) Staff Representative: Director of Parks, Recreation and Facilities 11.b. MEMORANDUM TO: CITY COUNCIL rfr- FROM: KERRY MCCANTS. COMMUNITY DEVELOPMENT DIRECTOR I SUBJECT: PROCESS FOR CITY COUNCIL TO APPEAL PLANNING COMMISSION DECISIONS PURSUANT TO SECTION 1-4.05 OF THE MUNICIPAL CODE DATE: DECEMBER 12, 2000 RECOMMENDATION: Direct staff to implement the appeal process pursuant to Section 1-4.05, et.seq. (Attachment 1), which states that the City Council may appeal any decision made by a City Commission. FUNDING: The appeal process will require an increased commitment of staff time in preparing for, and presenting items, to the City Council. It may also result in a delay to the affected applicants, and possibly to the processing of other projects. DISCUSSION: At its November 28, 2000 meeting, the City Council expressed a desire to have increased involvement in the review and approval of potentially significant land use proposals. Staff was directed to develop an amendment to the Development Code that would provide for Council input and to develop the appropriate amendments to the Development Code for consideration by the City Council in January of 2001. Staff was also directed to provide recommendations on how the City Council could effectively use the provisions of Section 1-4.05 of the Municipal Code to review Commission decisions for projects it deems significant, pending the consideration of a Development Code amendment. Staff has reviewed the Code provision and the current process used by the Planning Commission in considering land use proposals and has developed the following recommended process: 1 ) Council will receive the Planning Commission Agenda the Friday before the Planning Commission meeting. (This currently takes place.) 2) Wednesdays following Planning Commission meetings, staff will provide City Council with an annotated copy of the most recent Planning Commission Agenda with the action of the Commission highlighted. (see Attachment 2) 3) Council Members review annotated Agenda and determine if an appeal is desired. 4) Any Council Member desiring to appeal a decision contacts the Director of Administrative Services on Thursday and directs that the request be placed on the next City Council Agenda under "New Business". 5) The City Council adopts a motion to appeal the action of the Planning Commission. 6) Director of Administrative Services sets a date for the hearing within 60 days of the City Council appeal and notifies the affected applicant and Planning Commission. No action is necessary at this point until a specific project is placed on the Planning Commission Agenda, that the City Council would like to consider. However, staff is interested in receiving direction from the Council regarding this proposed process. Staff will also communicate to the Planning Commission the interest of the Council in utilizing this appeal provision. Attachments: 1. Section 1-4.05 of the Arroyo Grande Municipal Code 2. Sample Planning Commission Action Agenda A TT ACHMENT 1 1-4.05 Sec. 1-4.05. RiQht of Council to appeal Commission decisions. The Council may appeal any decision by a City commission, 'Nhether an appeal is provided for under Section 1-4.01 of this Chapter or otherwise specifically provided for in this Code. For the Council to appeal a decision under the provisions of this section, the Council shall adopt a motion to appeal such action within fifteen (15) calendar days following the date of the action from 'Nhich an appeal is made. (Sec. 2, Ord. 191 C.~., eff. May 10, 1979, as amended by Sec. 1, Ord. 446 C.S., eff. June 26,1992; Sec. 1, Ord. 494 C.S., eff. February 27,1998) Sec. 1-4.06. RiQht of Council to appeal Commission decisions: hearinQ: notices. Upon adoption of a motion by the Council to appeal a commission decision, the City Clerk shall forthwith set the matter for a hearing before the Council at a subsequent regular meeting and shall cause notice thereof to be given to the commission 'Nhose action is being reviewed and to the aggrieved applicant, property owner, or person affected by such decision. (Sec. 2, Ord. 191 C.S., eff. May 10, 1979, as amended by Sec. 1, Ord. 446 C.S., eff. June 26, 1992; Sec. 1, Ord. 494 C. S., eff. February 27, 1998) Sec. 1-4.07. Riaht of Council to appeal Commission decisions: decisions. At the close of the hearing, the Council may affirm, revise, or modify the decision appealed. If the Councii does not take any action within sixty (60) days following the hearing, the action appealed shall be deemed affirmed. (Sec. 1, Ord. 494 C.S., eff, February 27,1998) 13-2 Reprint No. 59 (3/1/98) A TT ACHMENT 2 PLANNING COMMISSION ACTION FOR NOVEMBER 21, 2000 CITY COUNCIL CHAMBERS 215 EAST BRANCH STREET TUESDAY, NOVEMBER 21, 2000 - 7:00 P.M. PLANNING COMMISSIONERS Laurence Greene, Chair Nanci Parker, Vice Chair Joseph Costello John Keen* Martin London ROLL CALL PLEDGE OF ALLEGIANCE* APPROVAL OF MINUTES - SEPTEMBER 19, OCTOBER 3, & OCTOBER 17, 2000 I. A. ORAL COMMUNICATIONS Persons in the audience may discuss business not scheduled on this agenda on any item of interest within the jurisdiction of the Planning Commission. The Commission will listen to all communication, but in compliance with the Brown Act, will not take any action on items that are not listed on the agenda. B. WRITTEN COMMUNICATIONS Correspondence for the Planning Commission received after preparation of this agenda. U. PUBLIC HEARING ITEMS A. CONDITIONAL USE PERMIT CASE NO. 00-016; LOCATION - BRANCH MILL ROAD, CITY OF ARROYO GRANDE RESERVOIR FOUR; APPLICANT - SLO CELLULAR The applicant is requesting a Conditional Use Permit to allow the installation of cellular communication antennas on an existing City water tank. A cabinet containing radio equipment will also be installed. (This item was continued from the October 17, 2000 Planning Commission meeting.) THIS ITEM WAS CONTINUED TO THE NOVEMBER 21, 2000 PLANNING COMMISSION MTG. B. DEVELOPMENT CODE AMENDMENT CASE NO. 00-001; LOCATION - CITY WIDE Amendment to Title 9 of the Arroyo Grande Municipal Code by eliminating mini-storage as an allowable use in all Commercial zoning districts. REJECTED THE PLANNING COMMISSION ADOPTED A MOTION RECOMMENDING AL TERNA TIVES TO THE ORIGINAL RESOLUTION City of Arroyo Grande Planning Commission November 21, 2000 Page 2 III. NON-PUBLIC HEARING ITEMS A. PRE-APPLICATION CASE NO. 99-012; LOCATION - 1405 GRAND A VENUE; APPLICANT - TED MOORE, E.F. MOORE & COMPANY The applicant is proposing to construct a new shopping center, which would include a Longs Drugs Store and several inline shops, on a 3.B5-acre site. THE PLANNING COMMISSION PROVIDED SUGGESTIONS/COMMENTS TO THE APPLICANT B. TIME EXTENSION CASE NO. 00-004; TENTATIVE PARCEL MAP 2306; LOCATION - WEST SIDE OF SOUTH ALPINE STREET BETWEEN CERRO VISTA LANE AND CERRO VISTA CIRCLE; APPLICANT - CASTLEROCK DEVELOPMENT; REPRESENT A TIVE - DON RITTER The applicant is requesting a Time Extension for approved Tentative Parcel Map 2306. II APPROVED III C. TIME EXTENSION CASE NO 00-005; TENTATIVE TRACT MAP 2240; LOCATION - 410 S. ELM STREET; APPLICANT - ZADDIE BUNKER TRUST; REPRESENTATIVE - GARY WHITE The applicant is requesting a Time Extension for approved Tentative Tract Map 2240. II APPROVED II IV. DISCUSSION ITEMS V. PLANNING COMMISSION ITEMS AND COMMENT VI. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP REPORTS. A. Update of Projects B. Follow-up of Reports 1. East Grand Avenue Design Overlay VII. ADJOURNMENT THE PLANNING COMMISSION MAY ACT UPON ANY ITEM (S) NOT APPEARING ON THE POSTED AGENDA IF IT IS DETERMINED BY A TWO-THIRDS VOTE OF THE FULL COMMISSION THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE COMMISSION AFTER THE AGENDA WAS POSTED. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services' Office , City of Arroyo Grande Planning Commission November 21, 2000 Page 3 (473-5414) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. City of Arroyo Grande Internet Address: httD://www.arrovoarande.ora j 11.c. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: PROPOSED CONTRACT WITH SAN LUIS OBISPO COUNTY FOR AUTOMATION SUPPORT DATE: DECEMBER 12, 2000 RECOMMENDATION: It is recommended the City Council approve and authorize the City Manager to execute the attached Service Level Agreement with the County of San Luis Obispo for automation support. It is further proposed the City's existing computer technician position remain vacant and be eliminated in next fiscal year's proposed budget. FUNDING: The estimated cost for computer support for the remainder of the fiscal year is approximately $27,000. In addition, a recommended upgrade of the system is projected to cost $11,000. While the upgrade does not fall within the proposed service agreement, it does mean the total cost to proceed with the recommended actions to address the City's automation needs for this fiscal year is $38,000. Currently, there is approximately $34,000 available in the Management Information Services (MIS) budget. Therefore, the overall recommendations will result in an increased cost of $4,000, which can be addressed in the mid-year budget report if approved. The projected cost for FY 2001-02 is approximately $62,000. This includes $56,000 for the Department Automation Specialist, about $4,500 for other specialized staffing support, and $1,500 for network licensing upgrades. All personnel costs include benefits and overhead. The annual personnel costs of the City's existing computer technician are approximately $53,000. Therefore, it will not result in a significant change when considering the existing salary would likely increase next fiscal year by a step increase and cost of living adjustment. DISCUSSION: One computer technician position currently exists to provide overall maintenance and support of the City's information systems, which is vacant at this time. During the past year, a number of technical problems have been experienced CITY COUNCIL PROPOSED CONTRACT WITH SAN LUIS OBISPO COUNTY DECEMBER 12, 2000 PAGE 2 with the system. The limited amount of City staff with technical computer skills has made addressing these problems difficult for a number of reasons. First of all, many of the problems that need to be addressed require specialized skills. Second, when the computer technician is on leave, the City has few resources available for technical support. Private sector resources that are available are cost restrictive. Lastly, since several of the problems are the result of the incremental way in which the system has been constructed, a more comprehensive approach needs to be taken in addressing these issues. Once the system itself is upgraded, less ongoing support should be necessary. As the result of an extended leave by the former computer technician, City staff was forced to seek available outside resources on a periodic basis to maintain the system as operational. One such resource was the County of San Luis Obispo Information Services Division, which provided valuable assistance in analyzing and maintaining the City's computer system. An overall assessment of the system was conducted by the County. It found that the infrastructure is in general good condition, but a number of recommendations regarding backup, security and network configuration were identified in order to rectify the ongoing problems. The most significant recommendation is a proposed upgrade of one of the file servers to create a consistent platform for all the servers on the system. Due to the recent resignation of the computer technician, staff reviewed alternatives for service delivery in order to manage the system most efficiently in the future. A number of private firms were contacted. However, the most affordable rates identified were $65 to $70 per hour and the level of expertise needed by the City in many cases averaged $100 to $150 per hour. As a result, the maximum level of staffing that would be available under the existing budget would be about two days per week. A proposal was also received and discussed with the County Information Services Division. Under this proposal, the County would dedicate a team of specialists to upgrade the system and address the existing problems. They would then hire what they refer to as a Department Automation Specialist (DAS), which is comparable to a computer technician level position. The City would participate in the hiring process. The position would be a County employee, but would be housed full-time at City Hall. The County would charge the actual cost of the position, in addition to roughly $2 an hour for overhead. The arrangement would provide a number of benefits to the City's operation, which include: . When the assigned staff is unavailable, County Information Services would have other staff accessible when necessary. CITY COUNCIL PROPOSED CONTRACT WITH SAN LUIS OBISPO COUNTY DECEMBER 12, 2000 PAGE 3 . The County will handle the recruitment process and have technical staff available on an as needed basis during the recruitment period. The proposal includes estimated funding for an average of 8 hours per week during this time. . The recruitment for the position would be designed specifically to meet the needs of the City. . The individual hired would attend a training academy conducted by the County at no cost to the City. The cost of any specialized training would be the responsibility of the City. . The County would provide a supervisor on-site on a weekly basis. . A number of high level specialized staff would be able to assist the DAS with any technical issues necessary at no cost to the City. . Specialized staff would also be available when needed for special projects, system upgrades, programming, etc. These services are not readily available with current staffing. . The City could acquire equipment and software through County purchasing agreements at substantial cost savings. . In the future, the City may be able to utilize Internet service and system backup capabilities through the County system. . The contract will be reviewed on an annual basis and can be terminated at any time with 30 days notice. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the proposed contract with the County for automation assistance; - Fill the existing position; - Seek formal proposals from private firms; - Provide staff with other direction. Attachments: San Luis Obispo County Information Services Division Service Level Agreement SAN LUIS OBISPO COUNTY INFORMATION SERVICES DIVISION SERVICE LEVEL AGREEMENT CITY OF ARROYO GRANDE I. GENERAL DOCUMENT OVERVIEW A. PURPOSE OF AGREEMENT: This Service Level Agreement [hereafter "Agreement"] is entered into for the purposes of defining the principal parties' responsibilities, duties, and expectations regarding the types and levels of services to be provided as specified herein; the estimated costs and methods of cost recovery; and, to define how the parties will communicate with each other under this Agreement. B. SERVICE LEVEL AGREEMENT (SLA) PARTICIPA~TS: This Agreement is between the City of Arroyo Grande [hereafter AGCITY], and County Information SERVICES Division of San Luis Obispo [hereafter County]. C. SERVICE PERIOD: This Agreement covers services performed beginning on the date of execution of this Agreement and shall renew automatically each successive year on July 1, with renewal covering a one year period, unless terminated by either party with thirty (30) days prior written notice. D. TABLE OF CONTENTS: I. General Document Overview II. Agreement Approval, Change and Notice Procedures III. Service Details IV. Performance Objectives and Deliverables V. General Contract Provisions VI. Glossary of Terms VII. Appendix A - Estimated County Services Appendix B - County Services Available II. AGREEMENT APPROVAL, CHANGE AND NOTICE PROCEDURES A. REPRESENTATIVES Each party represents to the other that it has authority to enter into the Agreement, and that the person executing it is authorized to execute it on behalf of the respective party. IN WITNESS WHEREOF, the County and AGCITY have executed this Contract on the day and year set forth below. By: Date John M. Wade, Director, Information SERVICES Division By: Date Steven D. Adams, City Manager, City of Arroyo Grande By: Date Arroyo Grande City Attorney [Effective date of this contract.] H:\U06\AG _ City\AGCity. wpd - 1 - December 6, 2000 (5:04pm) (AGCITY Service Level AflI'eement. continued...) B. CHANGE PROCEDURES 1. Requested changes to the types of services or the level of services provided shall be made by written notice to all parties. 2. Changes, alterations or modifications to this Agreement shall become effective only upon a written amendment or superseding Agreement signed by all principal parties' signatory authority. 3. Cancellation of any service shall be made by thirty (30) days prior written notice. C. NOTICES Notices should be sent to: a. Steven D. Adams, City Manager City of Arroyo Grande 214 E. Branch Arroyo Grande, CA 93420 (805) 473-5404 voice (805) - fax b. John M. Wade, Director Information SERVICES Division County Government Center, Room 400 San Luis Obispo, CA 93408 (805) 781-5050 voice (805) 781-1388 fax III. SERVICE DETAILS A. SCOPE OF SERVICE PCs, printers and LAN supported by Office Automation Group. AGCITY PC maintenance will be provided via the Novell Maintenance MLA. Departmental Automation Specialist (DAS) support. Support services identified under this agreement with the City of Arroyo Grande is separate from those services identified under an separate and existing agreement with the Arroyo Grande Police Department. B. DIRECT SUPPORT SERVICES 1. Microcomputer a. Supported products and the level of support provided are based on the products "Level Classification" as described in the iSd Microcomputer Hardware and Software Acquisition and Support Policy. b. Hardware (1 )System Definition (2)Acquisition processing (3)Installation & Setup coordination (4 )Troubleshooting (5)Warranty and Maintenance Service c. PC & Local Area Network (LAN) Software (1 )Installation & Configuration (2)Troubleshooting (3)Standard Product Support H:\U06\AG _ City\AGCity .wpd - 2 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement, continued...) d. Departmental Automation Support - This program places Department Automation Specialists (DAS) within County departments to provide on-site automation services for that customer. (1)ISd - Helps recruit the DAS, provides technical supervision and writes performance evaluations. (2)Customer - Funds the DAS salary and benefits, assigns a staff member to supervise the DAS, assigns work, sets priorities and monitors performance. 2. Help Desks - ISd operates a telephone accessible help desk for WAN connection, mainframe, microcomputer and radio problems during normal business hours. 3. Specific Service Dollar Value Reauested bv AGCITY: (see those services specified in the "Estimated County Services" schedule, attached as Appendix A) C. VOLUME OF WORK (see Appendix A): 1. Appendix A provides the planned types and leveJ of services to be provided each fiscal year as measured by service units. 2. Plan changes and future fiscal year plans shall be an addendum to Appendix A D. RESTRICTED USE 1. The services covered under this Agreement are nonexclusive and are provided to AGCITY for the benefit of County residents. 2. Access to and use of the County resources, including data, for purposes not expressly authorized by County for the business functions of AGCITY is prohibited. 3. Access to and use of the City resources, including data, for purposes not expressly authorized by the City for use by the County is prohibited. E. SECURITY AND ACCESS 1. AGCITY shall be subject to and abide by security policies, procedures and restrictions established by the County for access to County equipment, software, databases and records. Such policies, procedures and restrictions may be communicated to AGCITY in writing, E-mail, or in urgent circumstances, verbally by telephone. 2. Specific access rights, in addition to those set forth in this document, may not be transferred to another agency. 3. Security codes to be used for access will be changed from time to time in accordance with the County policies. AGCITY agrees to keep the access codes and passwords confidential and private. 4. AGCITY shall be responsible for maintaining its own microcomputer and LAN security. These security measures include physical, program and data file access and integrity controls, and system and data backups. F. AGCITY REPRESENTATIVE AGCITY assigns the following individual(s) authority to request service from Information SERVICES: City Manager ,and/or; Human Resources Manager and/or Director of Administrative Services. H:\U06\AG _ City\AGCity. wpd - 3 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement. continued...) G. COUNTY WORK HOURS, REQUEST PROCESS AND CONTACT POINTS 1. WAN and Mainframe Help Desk is staffed during normal service hours, weekdays from 7:00 a.m. to 5:00 p.m., holidays excluded. For other than normal service hours and holidays, our Help Desk recording will refer you to an on-call person for assistance. The Help Desk telephone number is (805) 781-5063. AGCITY shall request other services from the County during normal service hours, weekdays from 8:00 a.m. to 5:00 p.m., holidays excluded. 2. Radio service requests or problems -- To request radio services or receive assistance from the County Communications personnel regarding radio service problems contact the Radio Communications Services Division during normal service hours, weekdays from 8:00a.m. to 5:00 p.m., holidays excluded: Communications 1495 Kansas Avenue San Luis Obispo, CA 93408 (805) 781-5129 3. Microcomputer acquisition, software support and PC Training information is provided during normal service hours, weekdays from 8:00a.m. to 5:00 p.m., holidays excluded: Office Automation County Government Center, Room 400 San Luis Obispo, CA 93408 County ext. 4420 4. Microcomputer troubleshooting and hardware warranty maintenance service is provided during normal service hours, weekdays from 8:00a.m. to 5:00 p.m., holidays excluded: Office Automation County Government Center, Room 400 San Luis Obispo, CA 93408 County ext. 4422 or 5063 5. Microcomputer class training - PC training is available from commercial providers. Contact your assigned Office Automation Analyst for current class information. 6. File Server maintenance is available on a 24x7 basis, at an additional cost, upon request to Office Automation per the File Server On-Site Maintenance Agreement. 7. County (Centrex) telephone service requests or problems contact: Business Services County Government Center, Room 400 San Luis Obispo, CA 93408 County ext. 5074 8. County Voice Mail service requests or problems contact: Business Services County Government Center, Room 400 San Luis Obispo, CA 93408 County ext. 4333 9. Invoice, Work Authorization, Project Cost Accounting or Billing service questions contact: Business Services County Government Center, Room 400 San Luis Obispo, CA 93408 (805) 781-5059 H:\U06\AG _ City\AGCity. wpd - 4 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement, continued...) H. SERVICE RATES AND REPORTING 1. AGCITY.shall compensate the County for all services provided in accordance with the service rates designated in the "Estimate of County Services" schedule attached as Appendix A. The service rates designated in Appendix A are subject to change as specifically provided by the following subparagraph "b". a. Wide Area Network (WAN) and CLETS Connection charaes - The County maintains and pays for cost of communication equipment up to the point of entry into the public telephone company lines. For connection to the County WAN, AGCITY will need to pay for and maintain all communication equipment and software at AGCITY's end of the "wire" . One time costs include the purchase of router, modem/DSU, communication software (i.e., IBM Personal Communications/3270 Terminal Emulation), cabling and installation of the data line by Pacific Bell. Ongoing annual costs include, maintenance for both hardware and software, monthly data line usage costs and costs for the switching of CLETS inquiries through the CLETS Message Switching Computer (MSC) and other County transactions. b. Service rates are adopted annually on July 1, by the County Board of Supervisors for all agencies and, are therefore, subject to change. In the event of a change in service rates pursuant to this paragraph, County shall furnish AGCITY with an updated schedule of rates which shall be made an addendum to this Agreement. c. Service rates are calculated by identifying direct costs to specific services and then applying divisional, departmental, and county wide overheads. Rates do not exceed the actual cost of providing the service. d. Billing invoices will be sent monthly with payment due immediately upon receipt. IV. PERFORMANCE OBJECTIVES AND DELlVERABLES A. STATEMENT OF PURPOSE The County strives to provide quality, dependable, professional, responsive and efficient service. If AGCITY believes that these goals have not been attained, AGCITY shall send notice of such deficiency to the County. B. TIMELINESS The following are appropriate standard time periods within which AGCITY can expect the described actions to take place. These standards refer to normal business days and working hours. AGCITY acknowledges that these are only standards and that the goal of the County is to resolve all problems as quickly as limited resources will allow, with priority given first to County departments and agencies: 1. Microcomputer Acquisition a. Configuration definition and requisition complete - 20 days b. Setup and installation - 10 days after all system components are received. 2. Microcomputer Hardware Trouble a. Critical System (e.g., File Servers) (1) Response - 4 hours by contracted vendor (2) Problem resolution or substitute machine - 16 hours b. Non-Critical System (1) Response - 24 hours (2) Problem identified, repair made or part requisitioned - 48 hours 3. Microcomputer Level One Software Problem a. Response H:\U06\AG _ City\AGCity .wpd - 5 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement, continued...) (1) Critical System - 2 hours (2) Non-Critical System - 4 hours b. Problem resolution - 8 hours 4. Unexpected network downtime during a month averages around 2% and should never exceed 5% of available hours. 5. Systems and Programming support will be provided as follows: a. Critical systems - Failure will result in a Programmer being called immediately, and the repair completed, whenever possible, by the beginning of the customer's next workday. b. Non-Critical systems - Online and batch repairs will be done during the normal work hours of Monday through Friday, 8:00 a.m. to 5:00 p.m., with mid-day lunch break. 6. Telephone outage a. Response - 2 hours b. Vendor contacted, if required - 4 hours 7. Data Communications a. Hardware: Response time is 4 to 8 hours. b. Provider will maintain system availability and electronic data integrity, but does not warrant that the inputs to the public records or the electronic database are performed in an accurate, complete or timely manner. Provider expressly does not guarantee that any encountered problems will be resolved in any specific time frame or ultimately resolved at all. 8. Radio repair and installs are performed on a "first-in, first-out" method of service. Priority will be given to County departments over non-County agencies. C. PERFORMANCE MEASUREMENT 1. AGCITY shall receive a periodic report of the services provided in the billing documents, which shall describe services provided, but only with respect to the corresponding service fees billed. Upon written request from AGCITY to the County, a more detailed accounting for a particular transaction or time period can be provided. 2. Substantial deviation (30%) from the above timeliness standards are cause for notice by AGCITY of potential deficiency of service. V. GENERAL CONTRACT PROVISIONS A. DISCLAIMER OF WARRANTIES 1. AGCITY acknowledges that the County cannot guarantee system availability, accessibility or reliability of the hardware system, computer programs, or databases. The data is subject to modification and errors, and consequently, system access and computer functions are provided on an AS IS BASIS without guarantee or warranty of any kind, including but not limited to legal effect, completeness, accuracy, dependability or timely input. AGCITY acknowledges that use of the records and the information on the electronic databases is at AGCITY's risk. 2. The County seeks to maintain a high level of accuracy with respect to the records provided in the electronic databases, but specifically and expressly does not guarantee or warrant the accuracy, timeliness or completeness of entries, or the dependability, reliability, legal effect or electronic accessibility of any piece of information or grouping of information by its presence or absence in the electronic databases. H:\U06\AG _ City\AGCity ,wpd - 6 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement. continued...) 3. The County specifically disclaims liability for and is not responsible for any direct, indirect or consequential general or special damages alleged, claimed or incurred by AGCITY with respect to losses or expenses in using this Agreement. Such loss or expense includes but is not limited to goodwill, data, information, equipment or any other loss or diminution in value, loss of efficiency, increased inconvenience, increased costs due to the expectations of AGCITY operating under this Agreement or any end user relying on the representations of AGCITY. B. INDEMNIFICATION AGCITY shall defend, indemnify and save harmless, the County, its director, managers and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Agreement or the administration of the CLETS Message Switching Computer or the attempted performance of the provisions hereof, or based on any deficiency in electronic access, computer service, data accuracy, data communications or data bases, system performance! system availability, accuracy or completeness of any data, or the application of any system function or application of any data to AGCITY's services, including but not limited to those predicated upon theories of violation of statute, ordinance, or regulation, professional malpractice, negligence or recklessness, including negligent or reckless operation of equipment, premises liability, or any act or omission to act, whether or not it be willful, intentional, or actively or passively negligent on the part of AGCITY or AGCITY's agents, employees, or other independent contractor directly responsible to AGCITY. The foregoing shall apply to any wrongful acts, or any active or passive negligent acts or omissions, committed jointly or concurrently by AGCITY or AGCITY's agents, employees or other independent contractors and County, its agents, employees or other independent contractors. Provided, however, that nothing contained herein shall be construed to require indemnification for claims, demands, damages, costs, expenses or judgments resulting solely from the negligence or willful misconduct of the County. C. NON-ASSIGNMENT OF CONTRACT AGCITY shall not delegate its obligations under this Agreement and shall not assign, transfer, delegate, sublet or otherwise convey its rights under this Agreement or any interest therein. Any such assignment or attempted assignment, transfer, delegation, subletting or conveyance shall be null and void. D. ENTIRE AGREEMENT This Agreement supersedes all previous agreements, written or oral, and constitutes the entire understanding of the parties hereto with respect to the subject matter contained herein. AGCITY shall be entitled to no other benefits than those specified herein. AGCITY acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by the County, or anyone acting on the County's behalf, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. AGCITY specifically acknowledges that in entering into and executing this Agreement, AGCITY relies solely upon the written provisions contained in this Agreement and no others, whether oral, implied by past business practices or past business conduct or in other written communications, including electronic communications. E. MODIFICATIONS Any change, amendment, alteration, or modification to the terms of this Agreement must be reduced to writing and signed by both parties before it becomes effective. F. TERMINATION 1. Termination for Deficiency in Service: If after written notice by AGCITY of a deficiency in service pursuant to section IV.C.2., County fails to cure the deficiency to AGCITY's satisfaction, which satisfaction shall not be unreasonably withheld, AGCITY may terminate this Agreement upon (30) days prior written notice to the County. H:\U06\AG _ City\AGCity .wpd - 7 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement, continued...) a. The immediately preceding provision shall not be applicable to a deficiency in service, or a failure to cure a deficiency in service, due to circumstances caused by war, fire, insurrection, the elements, earthquake, acts of God, any ancillary vendor, (i.e., Pac Bell, PG&E, etc...) other circumstance beyond the County's immediate power and control. 2. Termination on Default: If AGCITY defaults in the performance of any duty or obligation under the terms of this Agreement, AGCITY must cure that default by a satisfactory performance within ten (10) days after service upon AGCITY of written notice of default. If AGCITY fails to cure the default within that time, County may terminate this Agreement without further notice. 3. Immediate Termination: Any unauthorized access to, or use of, the County's resources, including but not limited to data, equipment, codes, passwords, or any other use or access not expressly authorized under the terms of this Agreement, shall be cause for immediate termination of this Agreement. G. FORCE MAJEURE If the performance by the County of any of its obligations or undertakings under this Agreement is interrupted or delayed by any occurrence not occasioned by the conduct of either party to this Agreement, whether that occurrence is an act of God, or whether it is caused by war, riot, the elements, earthquake, or other natural forces, or by the acts of anyone not a party to this Agreement, the County shall be excused from any further performance for whatever period of time after the occurre.nce is reasonably necessary to remedy the effects of the occurrence. H. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction or applicable state or federal law and their implementing regulations to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect. I. HEADINGS The subject headings of the sections, paragraphs or provisions of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. J. APPLICABLE LAW AND VENUE This Agreement has been executed and delivered in the State of California and covers an agreement for services to be performed in California. The parties agree that the validity, enforceability, and interpretation of the Agreement or any of its provisions shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the County of San Luis Obispo, State of California, and such County shall be the venue for any action or proceeding that may be brought, or arise out of, this Agreement. H:\U06\AG _ City\AGCity .wpd - 8 - December 6, 2000 (5:04pm) (AGCITY Service Level Agreement. continued...) VI. GLOSSARY OF TERMS (alphabetically) AGCITY Staff Members: The officers and/or employees of AGCITY. Acquisition: Means the process of taking approved system requirements, preparing the County Requisitions, and verifying timely receipt of items in good repair. County: The County of San Luis Obispo. Critical System: Is defined as a system which when "down" has an extremely negative effect on AGCITY's business function, and therefore, requires a higher level of support. Such systems will be identified in writing by AGCITY to County. End User: Any individual, partnership, corporation, politic<;!1 body, or any other entity, except AGCITY, using the information provided to AGCITY under the terms of this A~reement. Equipment Maintenance: Includes preventive and repair services including required parts. These services may be provided by the County or an outside source. Filter: The ability for a portion of the network to be limited as to the protocols and addresses allowed. Usually performed at the router hardware level. Firewall: Hardware/software solution isolated from other network functions that performs filtering functions with much more discipline, granularity and security than a router filter. Jobs: Computer processing parts of a system. ProQram Development: Means a new program or program enhancement requiring significant staff resources. ProQram Enhancement: Means a modification providing new functionality or replacement of an existing automated function. ProQram Maintenance: Means a modification to an existing program of new development not requiring significant resources. Security: Includes all measures used to secure system devices, programs and data from damage. A few examples of security measures would be having the correct fire extinguisher, a separate locked room for your CPU, passwords and private subdirectories. SiQnificant Staff Resources: Means 200 man-hours for a mainframe project and 40 man-hours for an Office Automation project. Software Acquisition and Support Policy: Means the Office Automation published document that explains and defines the service level classification of hardware and software products. Staff Members: Means the officers or employees of AGCITY. System Definition: Means a consulting type service where AGCITY provides a general statement of needs and the County details his recommended system specifications. Workstation: Personnel Computer and printer with network connection correctly configured and able to access County applications. H:\U06\AG _ City\AGCity. wpd - 9 - December 6,2000 (5:04pm) Appendix A 11/30/00 Information SERVIC.ES Division Estimated Service for FY 2000-2001 City of Arroyo Grande Service Unit Cost Per Unit Total Services Telephones $0 $0 Voice Mail 4.00 0 I Total Voice Communications (2729) $0 Radios 70.00 0 Total Radio Communications $0 Shared Data Line Costs 0 Internet Access Charges 9.00 0 Notes Annual Maintenance 16.00 0 Parking Citation Operations 1.00 0 A VR Operations 0 Computer Housing 0 Network Connection Charge 26.00 0 Central System Batch 0.215 0 Central System Online 0.268 0 Total Data Center Support $0 Zenworks 7.80 0 MLA Novell Netware Maintenance 0 System Analyst 70.00 63.00 4,410 Systems Software Specialist 45.00 64.00 2,880 Department Automation Specialist 640 31.01 19,846 , Total Office Auto.mation Support $27,136 Programming Hours 58.00 0 Programming Batch 0.215 0 Total Programming (Acct 2730) , $0 Total, Services Provided $27,136 h:\budgOO01 matrixOO_01.123 05:00:33 PM 11/30/0Q 1 Appendix A ' 12/01/00 Information SERVICES Division Estimated Service for FY 2001-2002 City of Arroyo Grande Number of Cost Total Budget Service Unit of Measure Units Per Unit Services Telephones Annual $0 $0 I Voice Mail Each Mail Box/mo. 4.00 0 Total Voice Communications $0 Radio Labor Hours 77.00 0 Total Radio Communications $0 Shared Data Line Costs Actual $ 0 Internet Access Charges Account/mo. 10.00 01 NOTES Annual Maintenance Each 17.00 0 Parking Citation Operations Each 2.90 01 A VR Operations Actual $/Labor Hours 01 Computer Housing Actual $ 0 Network Connection Charge Per Device/mo. 37.00 0 Central System Batch CPU Seconds 0.653 0 Central System Online CPU Seconds 0.699 01 Total Data Center Support $0 Zenworks Each PC 7.80 0 I MLA Novell Netware Maintenance Each PC 78 21.00 1,6381 System Analyst Labor Hours 60.00 67.00 4,020 Systems Software Specialist Labor Hours 8.00 64.00 512 Department Automation Specialist Actual + $2.78 1760 31.79 55,950 Total Office Automation Support $62,120 Programming Labor Hours 61.00 0 Programming Batch CPU Seconds 0.653 0 Total Programming $0 Total Services Provided $62,120 h:\budgOO01 matrix01_02.123 10:46:41 AM 12/01/00 1 -