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Agenda Packet 1999-09-28 --~--",...._.~.".>-- '_."'.~ CITY COUNCIL ~Uy 0/ AGENDA ~ 8J~e Michael A. Lady Mayor Robert L. Hunt City Manager Tony M. Ferrara Mayor Pro Tern Timothy J. Carmel City Attorney Thomas A. Runels Council Member Kelly Wetmore Director, Administrative Services Steve Tolley Council Member Jim Dickens Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, SEPTEMBER 28, 1999 7:00 P.M. I 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: CAMP FIRE BOYS & GIRLS SUZIE LAIRD & PAM TAYLOR 4. INVOCATION: PASTOR BOB AINSWORTH NEW LIFE COMMUNITY CHURCH OF THE NAZARENE, PISMO BEACH 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 - SEPTEMBER 28, 1999 PAGE 2 7. PUBLIC HEARING: 7.a. Public Hearing Concerning Use of State 1999-2000 Citizens Option For Public Safety (Cops) Funds (TERBORCH) Recommended Action: 1) Conduct public hearing; 2) Approve expenditure of $38,300 as authorized by the State for law enforcement services. 8. CITIZENS'INPUT, CQMMENTS. 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 but, 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. 9. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted in parentheses. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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. 9.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements to vendors for the period August 31 - September 15,1999. 9.b. Statement Of Investment Deposits (SNODGRASS) Recommended Action: Receive and file the report listing the current investment deposits of the City as of August 31,1999. 9.c. Minutes of City Council Meeting of September 14. 1999 (WETMORE) Recommended Action: Approve minutes as submitted. 9.d. Rejection Of Claim Against City - B. Sampson (WETMORE) Recommended Action: Reject claim for damages. - --- ---~ --..-.-- AGENDA SUMMARY - SEPTEMBER 28, 1999 PAGE 3 9. CONSENT AGENDA (continued): 9.e. Conflict Of Interest Code Review (WETMORE) Recommended Action: Adopt Resolution amending the Arroyo Grande Conflict of Interest Code to update the appendix of designated positions required to file Statements of Economic Interest. 9.f. Agreement With Five Cities Youth Basketball (CARMEL) Recommended Action: Approve Agreement for the operation and management of the Five Cities Youth Basketball League among the Cities of Arroyo Grande, Pismo Beach, Grover Beach, Five Cities Youth Basketball, and the San Luis Obispo County YMCA. 9.g. Lease Agreement For 134 S. Mason Street (HERNANDEZ) Recommended Action: Approve the Lease Agreement between the City and the South County Historical Society for use of the City property at 134 S. Mason Street. 9.h. Authorization To Solicit Bids For Emergency Stand-By Generator (FIBICH) Recommended Action: Authorize staff to solicit bids for an emergency stand-by generator for the Fire Station. i 9.i. Grand Ave'1Ue. Elm Street To Halcyon Road. PrQject No. 60-70-90-98-6 - Progress Payment No.2 (SPAGNOLO) Recommended Action: Authorize progress payment in the amount of $255.767.28 to Whitaker Contractors. 10. CONTINUED BUSINESS: 10.a. Lopez Dam Remediation PrQject Status Report (SNODGRASS) Recommended Action: 1) Provide direction to staff regarding the placement of a Zone 3 tax measure on the March 2000 ballot; 2) Receive and file the status report. 10.b. Direction Regarding Highway 101/Brisco Road Level of Service Policy (MCCANTS) Recommended Action: Provide direction to staff for processing project applications that contribute to the 101/Brisco Interchange or other intersections and/or roadways currently projected to operate at a level of service "D". 1 O.c. Grand Avenue/East Branch Street (State Route 227) Corridor Study (SPAGNOLO) Recommended Action: Approve the Grand Avenue/East Branch Street Corridor Study. -_..~_._-~- ) AGENDA SUMMARY - SEPTEMBER 28, 1999 PAGE 4 10. CONTINUED BUSINESS (continued) 10.d. Revisions To Traffic Commission Duties (SPAGNOLO) Recommended Action: Introduce Ordinance revising Municipal Code Section 4-3.21 regarding the Traffic Commission's Purpose and Scope. 11. NEW BUSINESS: 11.a. Selection of Regional State Highway Account (RSHA) and Transportation Enhancement Activities (TEA) Funding PrQjects (SPAGNOLO) Recommended Action: 1) Provide direction to staff on selection and prioritization of proposed RSHA and TEA projects; 2) Adopt Resolution indicating Council's interest in securing RSHAand TEA funding; 3) authorize staff to prepare funding applications for candidate projects selected by Council; and 4) direct staff to forward. funding applications and Resolution to SLOCOG for consideration. 11.b. Authorization to Add Assistant Planner Position to City's Personnel Complement (MCCANTS) Recommended Action: Adopt Resolution authorizing the addition of an Assistant Planner position to the City's personnel complement. 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR MICHAEL A. LADY: (1) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Other (b) MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority (IWMA) (2) Economic Vitality Corporation (EVC) (3) Air Pollution Control District (APCD) (4) Economic Development Task Force (5) . Other (c) COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other ----- -----..-----_.._----- - ..--- ------- AGENDA SUMMARY. SEPTEMBER 28, 1999 PAGE 5 12. CITY COUNCIL REPORTS (continued) (d) COUNCIL MEMBER STEVE TOLLEY: (1) Long-Range Planning Committee (2) South County Youth Coalition (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A) (4) Other (e) COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT) (2) Economic Development Committee/Chamber of Commerce (3) South County Community Recreation Center Subcommittee (4) Other 13. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 14. STAFF COMMUNICATIONS: Correspondencellnformation for the City Counc!1 presented by the City Manager. 15. ADJOURNMENT - -"'---.-'--- --_._---~----" ." AGENDA SUMMARY - SEPTEMBER 28, 1999 PAGE 6 * * * * * * * 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.arroyogrande.org CITY OF ARROYO GRANDE - ABBREVIATIONS revised 05/27/99 A Agricultural Preserve AB Assembly Bill JPA Joint Powers Authority ADA Americans with Disabilities Act LAFCO Local Agency Formation Commission AG General Agriculture LOCC League of California Cities AGMC Arroyo Grande Municipal Code LLA Lot line Adjustment AGPOA Arroyo Grande Police Officers' Association LUE Land Use Element APN Assessor's Parcel Number MER Lot Merger APCB Air Pollution Control Board MF CondominiurnIT ownhouse APCD Air Pollution Control District MFA Apartments ARC Architectural Review Committee MHP Mobile Home Parks ASCE American Society Civil Engineers 0 Office Professional ASD Administrative Services Department OCSD Oceano Community Services District AWWA American Water Works Association OSCE Open Space and Conservation Element BD Building Division PC Planning Commission CA City Attorney PD Police Department CC City Council PF Public/Quasi Public CCC California Conservation Corps PPR Plot Plan Review CCCSIF Central Coast Cities Self-Insurance Fund PRD Parks & Recreation Department CD Community Development PRE-APP Pre-application CDBG Community Development Block Grant PSHHC Peoples' Self-Help Housing Corp. CE Circulation Element PSP Planned Sign Program CEC California Energy Commission PUD Planned Unit Development CEQA California Environmental Quality Act PW Public Works Department 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 California 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 EDU Equivalent Dwelling Unit SEIU Service Employees Intemational Union EIR Environmental Impact Report SF Single Family EIS Environmental Impact Statement SLO San Luis Obispo EVC Economic Vitality Corporation SLOCOG San Luis Obispo Council of Govemments FAU Federal Aid Urban SLOHA San Luis Obispo Housing Authority FD Fire Division SLONTF San Luis Obispo Narcotics Task Force FDAA Federal Disaster Assistance Administration SLORT A San Luis Obispo Regional Transit Authority FEMA Federal Emergency Management Agency SLOWRAC San Luis Obispo County Water Resources Advisory FID Financial Services Department Committee FPPC Fair Political Practices Commission SR Senior Housing FTA Federal Transit Administration SSLOCOWA South San Luis Obispo County Water Association FY Fiscal Year SSLOCSD South San Luis Obispo County Sanitation District G.C. Government Code SRRE Source Reduction & Recycling Element GC General Commercial SWRCD State Water Resources Control Board GF General Fund TPM Tentative Parcel Map GP General Plan TT Tentative Tract Map GPA General Plan Amendment TTAC Transportation Technical Advisory Committee HCD California Department of Housing and Community TUP Temporary Use Permit Development UBC Uniform Building Code HOP Home Occupancy Permit UFC Uniform Fire Code HUD Housing and Urban Development Dept. USA Underground Service Alert I Industrial and Business Park VAR Variance ISTEA Intermodal Surface Transportation VC Village Commercial VSR View Shed Review ZONE 3 San Luis Obispo County Flood Control and Water Conservation District - Zone 3 (Lopez Project) --~ 7.8. 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: Citizens' Option for Public Safety (COPS) Proposal: Proposed expenditure of State funds for law enforcement services as provided in the FY 1999-2000 State Budget, $35,530 being the City of Arroyo Grande's approximate allocation. As part of the FY 1999-2000 State Budget, funding was included to continue the Citizens' Option for Public Safety (COPS) Program. Under this program, $100 million was allocated to local law enforcement agencies to enhance delivery of services. These funds must be used to augment local law enforcement services and may not be used to supplant existing funds. The law requires that the funds be appropriated pursuant to written requests from the Chief of Police. The proposal to be presented involves approximately $38,300, including the $35,530 to be received this fiscal year and $2,770 in interest and savings derived from COPS funds received during the past three fiscal years. 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, September 28, 1999 at 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers 21 5 East Branch Street Arroyo Grande, California 93420 ttJ.sIMi()NL- ORE, ADMINISTRATIVE SERVICES DIRECTOR - ._~--_.- MEMORANDUM TO: CITY COUNCIL / FROM: RICK TerBORCH, CHIEF OF POLICE SUBJECT: PUBLIC HEARING CONCERNING USE OF STATE 1999-2000 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended, after conducting a public hearing and making any modifications, the City Council approve the expenditure of $38,300 as authorized by the State for law enforcement services under the Citizens Option for Public Safety (COPS) Program. FUNDING: There is no General Fund impact. This expenditure involves $35,530 received by the City under the COPS Program in FY 1999-00 and the carryover of $2,770 in interest and savings derived from State COPS funds received by the City in the three (3) previous fiscal years. DISCUSSION: As part of the FY 1999-00 State Budget, funds were appropriated for the Citizens Option for Public Safety (COPS) Program. Under this program, $100 million was allocated to local law enforcement for delivery of services. These funds must be used to augment local law enforcement services and may not be used to supplant existing funding for such services. While the enabling legislation established COPS as a permanent on-going program, a new appropriation to fund the program will be required each succeeding fiscal year. The law requires that these funds be appropriated pursuant to written 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. Additionally, the City must establish a separate interest bearing fund to record the receipt and expenditure of monies received pursuant to this program. The enabling legislation requires that the City hold a public hearing each year to consider the, requests from the Chief of Police. The City of Arroyo Grande has received $35,530 in COPS funds for FY 1999-00. The funds were transferred from the State to the San Luis Obispo County Supplemental Law Enforcement Services Fund (SLESF), which is administered by the County of San Luis Obispo, and have been , ~ CITY COUNCIL PUBLIC HEARING CONCERNING USE OF STATE 1999-2000 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS SEPTEMBER 28, 1999 PAGE 2 forwarded to the City. Additionally, there is approximately $2,770 remaining in the City's COPS account due to interest and savings experienced in purchasing equipment over the past three (3) years. Given this, the proposed expenditure program is based upon approximately $38,300. On September 22, 1999, the Police Department's Community Advisory Council reviewed the recommended expenditures contained in this report. The Community Advisory Council recommended approval of the requests as presented. RECOMMENDED EXPENDITURES: Upon analysis of needed equipment for Police Department operations, the Chief of Police recommends that the COPS funds be utilized for the following purposes. 1. Hand Held Radar, Motorcycle $1,500 There is a need to obtain one (1) hand held radar unit for a traffic enforcement motorcycle unit. Currently, the Police Department has two (2) traffic enforcement motorcycle units. One (1) of them is currently equipped with a hand held radar unit. The use of the hand held radar unit by the motorcycle units have proven very effective when working directed speed enforcement programs requiring stationary surveillance. A second hand held radar unit would allow both motorcycle units to be so equipped for such directed traffic enforcement programs. The hand held radar unit currently used is the MPH Vindicator Model VH-1 . 2. Radio Upgrade, School Resource Officer Unit $1,700 There is a need to upgrade the communications radio in the marked vehicle assigned for use by the School Resource Officer. The current radio is a General Electric radio which is over 1 5 years old and is no longer maintainable under the Police Department's communications maintenance contract. The Police Department's current radio system is entirely Motorola based. The new radio is a Motorola MCS2000 mobile unit which is compatible with the Department's communication system and can be included in its communications maintenance program. 3. Night Vision Binocular $ 2,800 Currently, the Police Department possesses two (2) night vision devices for general enforcement use. There is a need for a third unit to be used by patrol personnel for detecting illegal activities at night in dark, secluded locations within the City. This would include detection of illegal gang and narcotic CITY COUNCIL PUBLIC HEARING CONCERNING USE OF STATE 1999-2000 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS SEPTEMBER 28, 1999 PAGE 3 activity, as well as detection of prowlers. The proposed equipment is the Generation IIIITT Night Enforcer 260 binocular which is currently the industry standard. 4. Laptop Computers (2) $5,000 There is a need to purchase two (2) laptop computers for offsite/field use by Police Department personnel. The computers would be integrated into the Police Department's automated criminal justice information system. This accesses computer and dispatch information, crime analysis information, the management information system, the Department's records indexing system, and the automated report writing system. Modem access will also allow accessing of regional, state, and national criminal justice information systems, as well as e-mail systems. Both computers will be assigned to uniform operations. 5. Hand Held Radios (11) $ 7 ,000 The Police Department currently possesses approximately 1 6 operational portable hand held radios. This quantity is generally adequate for normal operational use. However, during major events, such as the Harvest Festival, the Strawberry Festival, and other situations which require full organizational deployment of full-time personnel and reserve officers, there are insufficient portable radios to equip all field personnel. This is due to the number of personnel deployed (up to 25 - 28) and the recharging time required for batteries. The Police Department has been given the opportunity to purchase 1 1 used Motorola HT1000 portable radios in excellent condition at approximately 65% below the retail price for the equivalent new radio. The Police Department currently owns a significant number of HT1000 portable radios, thereby allowing the "new" radios to be easily integrated into the inventory. This purchase would allow the Police Department to maintain a sufficient inventory of portable radios to equip most field personnel in practically any situation or event. 6. Digital Imaging Management System $8,300 The Police Department has an interest in utilizing digital photograph technology. By doing so, the Department will be able to more effectively process, access, and store photographs, and electronically transmit photographs to other agencies, including the District Attorney and Sheriff's Department. The main problem with digital photographs is that they can easily be altered via computer, ~_...- -- ~--._..__.~-...----_..-------- ________O'.___._.__n_.._.__ ----------------..------- ~~ CITY COUNCIL PUBLIC HEARING CONCERNING USE OF STATE 1999-2000 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS SEPTEMBER 28, 1999 PAGE 4 thereby diminishing their evidentiary value in court. In order to eliminate this problem, it is necessary to utilize a digital photograph system with security applications which locks the original photograph, thereby preventing alterations, and records the process, allowing validation of the photograph for legal use. The system proposed is provided by Linear and includes: two (2) law enforcement digital camera kits and the hardware and software needed to provide the necessary digital encrypting and storage. This system is compatible with the Police Department's current digital booking system, the automated Identi-Kit 2000 program, the Sheriff Department's system, and the statewide Cal-Photo program. 7. Enhance Automation Capabilities $1 2,000 The Police Department and those of the Cities of Grover Beach, Pismo Beach, Atascadero, Paso Robles, and Morro Bay, and the Cal Poly Police Department are currently exploring the possibility of obtaining a technology grant from the California Office of Criminal Justice Planning to install a county-wide law enforcement computer system. This system would include Computer Aided Dispatch (CAD), Records Management System (RMS), Evidence/Property Tracking, and mobile digital capabilities. The primary advantages of this approach are: universal interconnectivity and sharing of appropriate information, economy of scale, and the potential availability of grant funding for regional technology applications. The Sheriff's Department and the San Luis Obispo Police Department, both of which recently purchased new automated systems, are also involved in this project in order to ensure interconnectivity of their systems, including mobile digital capabilities with the potential new system. This request "escrows" $12,000 to be used for any outside expenses necessary and not covered by the potential grant. Should the funds not be used, the Chief of Police will request authorization for redesignation of the funds at a future date. Alternatives The following alternatives are provided for the Council's consideration: - Approve staff's recommendations; - Do not approve staff's recommendations; or - Modify as appropriate and approve staff's recommendations. ---- 9.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: SEPTEMBER 28,1999 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period August 31 - September 15, 1999. FUNDING: There is a $468,874.75 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 A - Cash Disbursement Listing ATTACHMENT B - August 31, 1999 Accounts Payable Pre-paid Check Register ATTACHMENT C - September 3,1999 Accounts Payable Check Register ATTACHMENT D - September 10,1999 Accounts Payable Check Register ATTACHMENT E - September 10,1999 Payroll Checks and Benefit Checks __u___ 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 Council 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 Local Law 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 Ughting 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 CounciLxIs ATTACHMENT A CITY OF ARROYO GRANDE CASH DISBURSEMENTS 'JM tk f)etWJd 01 //<<IJ<<4t 31 7~ S~ 15. 1999 September 28,1999 Presented are the cash disbursements issued by the Department of Financial Services for the period August 31 to September 15, 1999. Shown are cash disbursements by week of occurrence and type of payment. August 31, 1999 Accounts Payable Pre-paid Cks # 153-156 B 175,572.97 Less Payroll transfer included on Aug. 24th Report (173,060.75) 2,512.22 September 3, 1999 Accounts Payable Cks #92003-92020 C 100,021.60 September 10, 1999 Accounts Payable Cks #92021-92095 D 121,275.56 Payroll Checks and Payroll Benefit Checks E 245,065.37 366,340.93 Two Week Total $ 468.874.75 ATTACHMENT B VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 09/10/99 09:31 VOUcaER/CHECK REGISTER FOR PERIOD 15 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 153 ,08/25/99 009008 BANKCARD CENTER OFFICER MEETING SUPPLIES 010.4211.5501 5.00 153 08/25/99 009008 BANKCARD CENTER OFFICER MEETING SUPPLIES 010.4211. 5501 45.00 153 08/25/99 009008 BANKCARD CENTER ARSON INVESTIGATION CONFERENCE 010.4211.5501 50.00 153 08/25/99 009008 BANKCARD CENTER GASOLINE 010.4211.5608 37.44 153 08/25/99 009008 BANKCARD CENTER PLAYGROUND SUPPLIES 010.4425.5255 167.75 153 08/25/99 009008 BANKCARD CENTER TONER CARTRIDGE 010.4301.5201 84.00 153 08/25/99 009008 BANKCARD CENTER PUBLICATIONS 010.4301.5503 59.70 153 08/25/99 009008 BANKCARD CENTER LOCC REGIS-TOLLEY/FERRARA 010.4001.5501 450.00 153 08/25/99 009008 BANKCARD CENTER ROOM-MONTEREY 010.4001.5501 478.50 153 08/25/99 009008 BANKCARD CENTER LOCC CONFERENCE-FERRARA 010.4001. 5501 704.29 2,081.68 154 08/26/99 005616 CITY OF ARROYO GRANDE G.A.REIMB.8-05-99 P/R 011.0000.1015 173,060.75 173,060.75 155 08/27/99 038200 GOV'T FINANCE OFFICERS BUDGET AWARD PROGRAM 010.4120.5303 225.00 225.00 156 08/30/99 101325 KERRY MCCANTS REIMB. PHYSICAL 010.4130.5303 205.54 205.54 TOTAL CHECKS 175,572.97 -~-~ -------_..~-- VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 09/10/99 09:31 VOUCHER/CHECK REGISTER FOR PERIOD 15 FUND TITLE AMOUNT 010 GENERAL FUND 2,512.22 011 PAYROLL CLEARING FUND 173,060.75 TOTAL 175,572.97 ------_._-~-- ---_....~-- ATTACHMENT C VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 09/02/99 15:15 VOUCHER/CHECK REGISTER FOR PERIOD 16 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 92003 09/03/99 009750 BRENDA BARROW SNACK REIMBURSE-BARROW 010.4425.5259 15.00 92003 09/03/99 009750 BRENDA BARROW SPECIAL EVENT-REIMB BARROW 010.4424.5252 9.14 24.14 92004 09/03/99 012792 FLOYD BRIDGE HATE CRIME SYMPOS-B.BRIDGE 010.4201. 5501 128.00 128.00 92005 09/03/99 100130 CSUS BUSINESS SVCS.BURE HATE CRIME SYMPOSIUM-B. BRIDGE 010.4201. 5501 295.00 295.00 92006 09/03/99 100896 LISA DEL VAGLIO REIMB AM/PM SUPPL-DEL VAGLIO 010.4425.5255 197.64 92006 09/03/99 100896 LISA DEL VAGLIO REIMB MILEAGE-DEL VAGLIO. 010.4421. 5501 54.56 92006 09/03/99 100896 LISA DEL VAGLIO REIMB AM/PM SUPPL-DEL VAGLIO 010.4425.5255 100.00 352.20 92007 09/03/99 099069 HOLIDAY INN ROOM-HATE CRIME SYMPOS-BRIDGE 010.4201.5501 440.00 440.00 92008 09/03/99 100985 DOUG LINTNER S/BALL UMP-LINTNER 010.4424.5352 180.00 180.00 92009 09/03/99 057272 MIKE MITCHELL S/BALL UMP-MITCHELL 010.4424.5352 75.00 75.00 92010 09/03/99 100392 STEVE MOSLEY ADULT S/BALL UMP-MOSLEY 010.4424.5352 90.00 90.00 92011 09/03/99 058890 RICHARD MUNOZ ADULT S/BALL UMP-MUNOZ 010.4424.5352 90.00 90.00 92012 09/03/99 100984 SCOTT O'CONNELL S/BALL SCORER-O'CONNELL 010.4424.5352 70.00 70.00 92013 09/03/99 101259 REBECCA READ ADULT S/BALL SCOREKEEP-READ 010.4424.5352 28.00 28.00 92014 09/03/99 071682 GREG ROSE ADULT S/BALL UMP-G.ROSE 010.4424.5352 180.00 180.00 92015 09/03/99 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 147.00 147.00 92016 09/03/99 081432 BOB SPEAR ADULT S/BALL UMP-B.SPEAR 010.4424.5352 90.00 90.00 92017 09/03/99 085664 TOM TOTH ADULT S/BALL UMP-TOTH 010.4424.5352 90.00 90.00 92018 09/03/99 089270 JOSHUA VASQUEZ S/BALL UMP-VASQUEZ 010.4424.5352 90.00 90.00 92019 09/03/99 091874 WHITAKER CONTRACTORS,IN GRAND AVE PMT 1-WHITAKER CONT 350.5806.7001 97,561. 26 97,561. 26 92020 09/03/99 101260 JENNIFER WYSONG ADULT S/BALL SCORER-WYSONG 010.4424.5352 91. 00 91. 00 TOTAL CHECKS 100,021.60 ATTACHMENT D VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 09/08/99 14:52 VOUCHER/CHECK REGISTER FOR PERIOD 16 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 92021 09/10/99 000700 ACCURATE AUDIO/VIDEO RCA BATI'ERY 010.4201.5255 58.93 92021 09/10/99 000700 ACCURATE AUDIO/VIDEO REPAIR EAGLEYE VCR 010.4201.5603 95.00 153.93 92022 09/10/99 100994 ADMINISTRATIVE FIRE SER AFSS REGISTR-HAGLUND 010.4211.5501 20.00 20.00 92023 09/10/99 000936 AFSS WORKSHOP 98 AFSS SO DIV W/SHOP-FIBICH 010.4211.5501 175.00 92023 09/10/99 000936 AFSS WORKSHOP 98 AFSS SO DIV W/SHOP-HAGLUND 010.4211.5501 175.00 350.00 92024 09/10/99 040092 ALLAN HANCOCK COLLEGE HAZMAT REGISTR-KLOSINSKI 010.4211.5501 18.00 18.00 92025 09/10/99 101345 ALLSTAR FIRE EQUIPMENT, FIRE FIGHTERS GLOVES 010.4211.5272 390.93 390.93 92026 09/10/99 003120 AMERICAN INDUSTRIAL SUP FIRE EXTINGUISHER BRACKET 010.4201.5601 29.23 92026 09/10/99 003120 AMERICAN INDUSTRIAL SUP FIRE EXTINGUISHER BRACKET 640.4712.5603 29.22 58.45 92027 09/io/99 004252 CAROL ANDERSON PHOTO DEVELOP 010.4130.5201 10.45 92027 09/10/99 004252 CAROL ANDERSON POSTAGE-IMPACT STUDY 010.4130.5201 5.40 92027 09/10/99 004252 CAROL ANDERSON POSTAGE 010.4421.5603 9.01 92027 09/10/99 004252 CAROL ANDERSON MEETING SUPPLIES 284.4103.5201 17.83 92027 09/10/99 004252 CAROL ANDERSON CALCULATOR 010.4120.5201 53.61 92027 09/10/99 004252 CAROL ANDERSON PHOTO DEVELOP/FILM 010.4130.5201 22.96 92027 09/10/99 004252 CAROL ANDERSON MILEAGE REIMB-MARSALEK 640.4712.5501 6.82 92027 09/10/99 004252 CAROL ANDERSON PHOTO DEVELOP 010.4130.5201 10.18 92027 09/10/99 004252 CAROL ANDERSON ORAL BOARD SUPPLIES 010.4421.5201 9.05 92027 09/10/99 004252 CAROL ANDERSON MAG KEY HOLDER 010.4301. 5201 3.64 92027 09/10/99 004252 CAROL ANDERSON TRAINING SUPPLIES 010.4421.5501 38.77 92027 09/10/99 004252 CAROL ANDERSON GASOLINE 010.4301.5608 5.00 92027 09/10/99 004252 CAROL ANDERSON MTG SUPPLIES-MOTI' 010.4101.5201 17 .16 92027 09/10/99 004252 CAROL ANDERSON POSTAGE 010.4101.52Q1 15.75 92027 09/10/99 004252 CAROL ANDERSON REIMB MILEAGE 010.4101.5501 10.24 92027 09/10/99 004252 CAROL ANDERSON SUPPLIES-C.C. 010.4001. 5201 19.22 92027 09/10/99 004252 CAROL ANDERSON SUPPLIES-C.M. 010.4101.5201 19.22 92027 09/10/99 004252 CAROL ANDERSON SUPPLIES-P:W. 010.4301.5201 8.02 92027 09/10/99 004252 CAROL ANDERSON MAPS-ZONE/~ENERAL 010.4130.5201 19.31 301.64 92028 09/10/99 009750 BRENDA BARROW REIMB.SNACK SUPPLIES-BARROW 010.4425.5259 123.68 123.68 92029 09/10/99 101343 JUDITH BELL REF.0/PMT-1005 ACORN DR 640.0000.4751 124.65 124.65 92030 09/10/99 013026 BRISCO MILL & LUMBER STRAINER/GROUT/O-RINGS 010.4213.5604 56.21 56.21 92031 09/10/99 013052 GARETI' BROWN YOUTH TENNIS-G.BROWN 010.4424.5351 55.12 55.12 92032 09/10/99 013884 KEVIN BURT S/BALL UMPIRE-BURT 010.4424;5352 35.00 35.00 92033 09/10/99 014382 CAL POLY STATE UNIVERSI REGIST CERTIF-HOLT 010.4201.5502 40.00 92033 09/10/99 014382 CAL POLY STATE UNIVERSI EFFECTIVE SUPERVISION-HOLT 010.4201. 5502 135.00 175.00 92034 09/10/99 101353 CALIFORNIA PAVEMENT 1998/99 SLURRY SEAL PROJ-PMT 1 350.5612.7001 49,093.56 49,093.56 92035 09/10/99 026208 CREDIT BUREAU REPORTS, CR.BUR.REPORT-MC CANTS 010.4130.5201 7.00 7.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 09/08/99 14:52 VOUCHER/CHECK REGISTER FOR PERIOD 16 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 92036 09/10/99 100896 LISA DEL VAGLIO REIMB.SNACK SUPPLIES-DEL VAGLI 010.4425.5259 31. 63 31. 63 92037 09/10/99 101350 REBECCA DRENNON REF POTTERY CLASS-DRENNON 010.0000.4605 10.00 10.00 92038 09/10/99 101352 EAGLE INDUSTRIES UNLIMI SIGMA BLACK BAG 010.4201. 5255 78.65 78.65 92039 09/10/99 101346 FRANK ESQUIBEL PARK DEP REF-ESQUIBEL 010.0000.4354 25.00 25.00 92040 09/10/99 032838 FAMILIAN PIPE & SUPPLY 3/4" WATER METER BOX LIDS 640.4712.5610 258.47 258.47 92041 09/10/99 101355 FIRST BANK OF SLO GRAND AVE/ELM ST TO HALCYON 350.5806.7001 10,840.14 10,840.14 92042 09/10/99 100137 FIVE CITIES YOUTH FOOTB C/B DEP-5C YOUTH FOOTBALL 010.0000.2206 250.00 92042 09/10/99 100137 FIVE CITIES YOUTH FooTB BLDG.SUPER-5C YOUTH FooTBA 010.0000.4355 112.00- 138.00 92043 09/10/99 100691 FIVE CITIES-TIMES LEGAL 57358 010.4002.5301 308.00 308.00 92044 09/10/99 035802 FRANK'S LOCK & KEY INC 962 REPAIR DECK LOCK 010.4201.5601 41. 84 41. 84 92045 09/10/99 038376 GRAND AUTO PARTS REARVIEW MIRROR-PW 52 640.4712.5601 23.90 23.90 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4201. 5201 151.76 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4101.5201 35.82 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4130.5201 9.42 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 9.52 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4120.5201 50.89 92046 09/10/99 038454 GRAND OFFICE SUPPLY CR:OFFICE SUPPLIES 010.4120.5201 41. 75- 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4130.5201 41. 75 92046 09/10/99 038454 GRAND OFFICE SUPPLY OFFICE SUPPLIES 010.4130.5201 37.16 294.57 92047 09/10/99 036426 GTE WIRELESS CELL PHONE-C.M. 010.4145.5403 13.75 92047 09/10/99 036426 GTE WIRELESS CELL PHONE-P.DIRECTOR 010.4421. 5602 7.14 20.89 92048 09/10/99 100014 ELIZABETH HADLEY PARK DEP REF-HADLEY 010.0000.4354 25.00 25.00 92049 09/10/99 039992 DONNA HAMILTON AJ359 CLASS TUITION-HAMILTON 010.4201.5502 85.00 85.00 92050 09/10/99 041184 HEACOCK WELDING NORTH 995 FENDERS/DUSI CAPS 010.4201.5601 54.70 54.70 92051 09/10/99 101236 DAWN HUDSON POTTERY CLASSES-HUDSON 010.4424.5351 52.27 52.27 92052 09/10/99 046176 J J'S FOOD COMPANY ORAL BOARD SUPPLIES 010.4421. 5201 8.53 92052 09/10/99 046176 J J'S FOOD COMPANY MEETING SUPPLIES 284.4103.5201 5.96 14.49 92053 09/10/99 047190 JOHNSON ENGINEERING REGULATOR-691 010.4201.5601 120.92 120.92 92054 09/10/99 052182 LIFE ASSIST, INC. BURN KIT 010.4211.5206 102.96 102.96 92055 09/10/99 100985 DOUG LINTNER S/BALL UMP-LINTNER 010.4424.5352 30.00 30.00 92056 09/10/99 053092 LUCENT TECHNOLOGIES SERVICE AGREEMENT 010.4145.5403 9.08 9.08 VOUCHRE2 CITY OF ARROYO GRANDE . PAGE 3 09/08/99 14:52 VOUCHER/CHECK REGISTER FOR PERIOD 16 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 92057 09/10/99 101022 BURTON LUND LUND SVCS-8/27 010.4212.5303 860.00 860.00 92058 09/10/99 101252 MCI TELECOMMUNICATIONS PHONE 7/99 010.4145.5403 4.31 92058 09/10/99 101252 MCI TELECOMMUNICATIONS PHONE 481-6965 010.4145.5403 48.16 92058 09/10/99 101252 MCI TELECOMMUNICATIONS PHONE 489-2174 010.4201. 5403 18.41 92058 09/10/99 101252 MCI TELECOMMUNICATIONS PHONE 473-5101 010.4145.5403 97.04 92058 09/10/99 101252 MCI TELECOMMUNICATIONS L/DIST.PHONE 5400 010.4145.5403 15.36 92058 09/10/99 101252 MCI TELECOMMUNICATIONS PHONE 473-2198/473-5100 010.4145.5403 7.74 191.02 92059 09/10/99 056628 MID STATE BANK-MASTERCA GASOLINE 010.4201. 5608 23.20 92059 09/10/99 056628 MID STATE BANK-MASTERCA COMPRESSOR PARTS 010.4201.5603 60.26 83.46 92060 09/10/99 056394 MIDAS MUFFLER & BRAKE 923 L/O/F/ALIGN/BLADES 010.4201.5601 90.53 90.53 92061 09/10/99 101348 ERNIE MILLER PARK DEP REF-MILLER 010.0000.4354 25.00 25.00 92063 09/10/99 057096 MINER'S ACE HARDWAAE DRAGS/BASE PEGS/BLADE 010.4430.5605 15.41 92063 09/10/99 057096 MINER'S ACE HARDWARE CLEANSER/PAINTBRUSH 010.4211.5255 27.41 92063 09./10/99 057096 MINER'S ACE HARDWARE DRILL TIPS/HARDWARE 010.4211.5273 29.67 92063 09/10/99 057096 MINER'S ACE HARDWARE ELECTRICAL SUPPLIES 010.4211.5601 24.03 92063 09/10/99 05.7096 MINER'S ACE HARDWARE METAL POLISH/STEEL WOOL 010.4211.5255 9.62 92063 09/10/99 057096 MINER'S ACE HARDWARE BATTERY BOX 010.4211.5603 11.11 92063 09/10/99 057096 MINER'S ACE HARDWARE CLEANSER/SCRUB PADS 010.4213.5604 16.44 92063 09/10/99 057096 MINER'S ACE HARDWARE SCREWDRIVER/DUSTPAN/BULB 010.4213.5604 10.57 92063 09/10/99 057096 MINER'S ACE HARDWARE AUGER/WRENCH FAUCET SEAT 010.4213.5273 18.00 92063 09/10/99 057096 MINER'S ACE HARDWARE BOLT SNAP 220.4303.5601 59.94 92063 09/10/99 057096 MINER'S ACE HARDWARE FAUCIT KIT 010.4213 .5604 35.92 92063 09/10/99 057096 MINER'S ACE HARDWARE HAND TOOL & HARDWARE 010.4213.5273 8.41 92063 09/10/99 057096 MINER'S ACE HARDWARE DEGREASER 010.4213.5604 37.84 92063 09/10/99 057096 MINER'S ACE HARDWARE CONCRETE ANCHORS-AIR VAC 640.4712.5610 5.66 92063 09/10/99 057096 MINER'S ACE HARDWARE KEY 010.4211.5255 1. 06 92063 09/10/99 057096 MINER'S ACE HARDWARE HARDWARE-FILE SERVER WALL 010.4213.5604 15.86 92063 09/10/99 057096 MINER'S ACE HARDWARE PUTTY KNIFE-PD 922 010.4201.5601 2.54 92063 09/10/99 057096 MINER'S ACE HARDWARE HARDWARE 640.4712.5255 18.83 92063 09/10/99 057096 MINER'S ACE HARDWARE KEYS 640.4712.5255 1. 07 349.39 92064 09/10/99 057272 MIKE MITCHELL S/BALL UMPIRE-MITCHELL 010.4424.5352 30.00 30.00 92065 09/10/99 100392 STEVE MOSLEY ADULT S/BALL UMPIRE-MOSLEY 010.4424.5352 75.00 75.00 92066 09/10/99 058890 RICHARD MUNOZ ADULT S/BALL UMPIRE-MUNOZ 010.4424.5352 45.00 45.00 92067 09/10/99 101342 MICHAEL NAZABAL REF O/PMT-865 TURQUOISE DR 640.0000.4751 4.70 4.70 92068 09/10/99 101344 NOVATECH LIGHTING SYSTE VEH.LIGHT POWER PAX 010.4211.5255 194.60 194.60 92069 09/10/99 101275 JAMES O'DONNELL CO. 10% ADA COUNCIL CHAMBERS 010.4213.6401 1,963.50 1,963.50 92070 09/10/99 063960 PACIFIC BELL DATA LINE 473-0379 010.4140.5303 112.83 92070 09/10/99 063960 PACIFIC BELL FAX 473-2198 010.4145.5403 24.58 92070 09/10/99 063960 PACIFIC BELL PHONE 473-5100 010.4145.5403 644.38 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 09/08/99 14:52 VOUCHER/CHECK REGISTER FOR PERIOD 16 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 92070 09/10/99 063960 PACIFIC BELL DATA LINE 473-5141 010.4145.5403 311.29 92070 09/10/99 063960 PACIFIC BELL PHONE 481-6944 010.4201. 5403 121.09 92070 09/10/99 063960 PACIFIC BELL SLO COMPUTER 473-9523 010.4145.5403 71.69 1,285.86 92071 09/10/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 185.24 92071 09/10/99 064194 PACIFIC GAS & ELECTRIC L/SCAPE ELECTR-TR 1769 217.4460.5355 7.29 92071 09/10/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 143.31 92071 09/10/99 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 136.61 472.45 92072 09/10/99 066690 PITNEY BOWES POSTAGE METER RENTAL 10-12/99 010.4101.5602 311.61 311.61 92073 09/10/99 068000 PRESSURE VESSEL SERVICE SODIUM HYPOCHLORITE 640.4712.5274 372.67 372.67 . 92074 09/10/99 069014 R & B AUTO BODY BODY REPAIRS-PW21 220.4303.5601 475.00 475.00 92075 09/10/99 101259 REBECCA READ S/BALL SCORER-READ 010.4424.5352 14.00 14.00 92076 09/10/99 071682 GREG ROSE S/BALL UMP-ROSE 010.4424.5352 105.00 105.00 f 92077 09/10/99 075816 SAN LUIS POWERHOUSE GENERATOR REPR-PW 131 640.4712.5603 42.00 42.00 92078 09/10/99 101349 LORI SANDERS C/B DEPOSIT-SANDERS 010.0000.2206 250.00 92078 09/10/99 101349 LORI SANDERS BLDG SUPER-SANDERS 010.0000.4355 60.75- 189.25 92079 09/10/99 076740 SANTA MARIA TIMES ADMIN SECRETARY AD 010.4130.5301 102.10 92079 09/10/99 076740 SANTA MARIA TIMES ADMIN SECRETARY AD 010.4130.5301 102.10 92079 09/10/99 076740 SANTA MARIA TIMES ADMIN SECRETARY AD 010.4130.5301 57.22 92079 09/10/99 076740 SANTA MARIA TIMES ADMIN SECRETARY AD 010.4130.5301 40.20 92079 09/10/99 076740 SANTA MARIA TIMES ADMIN SECRETARY AD 010.4130.5301 40.20 92079 09/10/99 076740 SANTA MARIA TIMES ADMIN SECRETARY AD 010.4130.5301 40.20 92079 09/10/99 076740 SANTA MARIA TIMES CIM SUMMER TEMP AD 010.4421.5201 26.38 92079 09/10/99 076740 SANTA MARIA TIMES REC LEADER ASSIST AD 010.4421.5201 77.46 92079 09/10/99 076740 SANTA MARIA TIMES AM/PM TEACHER, ASST TEACHER 010.4421.5201 159.10 92079 09/10/99 076740 SANTA MARIA TIMES ASSIST 1 & 2 AD 010.4421.5201 35.84 680.80 92080 09/10/99 077024 ANN SARMIENTO S/BALL SCORER-SARMIENTO 010.4424.5352 35.00 35.00 92081 09/10/99 100470 BOB SHIGENAKA PARK DEP REF-SHIGENAKA 010.0000.4354 25.00 25.00 92082 09/10/99 081432 BOB SPEAR ADULT S/BALL UMPIRE-SPEAR 010.4424.5352 30.00 30.00 92083 09/10/99 082486 STEWARD CO PLASTIC BINDING/DEVELOPER 010.4102.5255 194.61 194.61 92084 09/10/99 100703 MARK TAMAKI PARK DEP REF-TAMAKI 010.0000.4354 25.00 25.00 92085 09/10/99 085664 TOM TOTH ADULT S/BALL UMPIRE-TOTH 010.4424.5352 150.00 150.00 92086 09/10/99 101351 DIANA TUTTLE TRAVEL TALK SEMINAR 7/19/99 010.4424.5351 14.00 14.00 92087 09/10/99 101009 UNISOURCE MAINT SUPPLY TOWELS 010.4213.5604 81. 09 81. 09 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 09/08/99 14:52 VOUCHER/CHECK REGISTER FOR PERIOD 16 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 92088 09/10/99 088084 UNITED ~REEN MARK,INC. SPRINKLER VALVES-C.C. 010.4420.5605 141.16 92088 09/10/99 088084 UNITED GREEN MARK,INC. 3-NOZZLES-HALF 010.4420.5605 4.15 145.31 92089 09/10/99 089270 JOSHUA VASQUEZ S/BALL UMPIRE-VASQUEZ 010.4424.5352 45.00 45.00 92091 09/10/99 090246 JOHN WALLACE & ASSOC. UG STORAGE TANK REPLACEMENT 350.5401. 7301 256.25 92091 09/10/99 090246 JOHN WALLACE & ASSOC. GRAND AVE CORRIDOR STUDY 350.5603.7301 101.77 92091 09/10/99 090246 JOHN WALLACE & ASSOC. OPTICOM DEVICES 350.5604.7301 307.63 92091 09/10/99 090246 JOHN WALLACE & ASSOC. BIKEWAY PROJECT ONE 350.5606.7301 2,308.87 92091 09/10/99 090246 JOHN WALLACE & ASSOC. CREEKSIDE PATH 350.5607.7301 749.13 92091 09/10/99 090246 JOHN WALLACE & ASSOC. BRIDGE STREET BRIDGE DECK REH 350.5608.7301 130.00 92091 09/10/99 090246 JOHN WALLACE & ASSOC. OAK PARK BLVD. WIDENING 350.5609.7301 294.00 92091 09/10/99 090246 JOHN WALLACE & ASSOC. BRISCO/101 INTERCHANGE ALTS 350.5615.7301 377.89 92091 09/10/99 090246 JOHN WALLACE & ASSOC. EL CAMPO/101 INTERCHANGE ALTS 350.5616.7301 385.52 92091 09/10/99 090246 JOHN WALLACE & ASSOC. CENTRAL COAST TOWN CENTER 350.5617.7301 213.75 92091 09/10/99 090246 JOHN WALLACE & ASSOC. MONTEGO STREET SIDEWALKS 350.5622.7301 705.25 92091 09/10/99 090246 JOHN WALLACE & ASSOC. PARKING LOT BEHIND CITY HALL 350.5623.7501 4,019.54 92091 09/10/99 090246 JOHN WALLACE & ASSOC. DRAINAGE MASTER PLAN/FINANCE 350.5752.7701 1,799.57 92091 09/10/99 090246 JOHN WALLACE & ASSOC. DIASTER SVCS 1998 (DR-1203) 350.5755.7501 1,905.05 92091 09/10/99 090246 JOHN WALLACE & ASSOC. SEWER & WATER RATE SUDY 350.5805.7301 310.25 92091 09/10/99 090246 JOHN WALLACE & ASSOC. GRAND AVE/ELM TO HALCYON 350.5806.7301 20,519.27 92091 09/10/99 090246 JOHN WALLACE & ASSOC. GRAND AVE/ELM TO HALCYON 350.5806.7401 597.28 92091 09/10/99 090246 JOHN WALLACE & ASSOC. RESERVOIR #1 DESIGN 350.5903.7501 503.11 92091 09/10/99 090246 JOHN WALLACE & ASSOC. WATER MASTER PLAN 350.5904.7701 2,075.40 92091 09/10/99 090246 JOHN WALLACE & ASSOC. GENERAL CONSULTING 010.4301.5303 10,035.28 47,594.81 92092 09/10/99 090480 WAYNE'S TIRE TIRES 010.4201. 5601 335.82 335.82 92093 09/10/99 101347 KIMBERLY WICKSTROM PARK DEP REF-WICKSTROM 010.0000.4354 25.00 25.00 92094 09/10/99 100431 WILLARD PAPER CO PAPER 010.4102.5255 602.03 92094 09/10/99 100431 WILLARD PAPER CO PAPER/ENVELOPES 010.4102.5255 548.37 1,150.40 92095 09/10/99 101260 JENNIFER WYSONG ADULT S/BALL SCORER-WYSONG 010.4424.5352 35.00 35.00 TOTAL CHECKS 121,275.56 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 09/08/99 14:52 VOUCHER/CHECK REGISTER FOR PERIOD 16 FUND TITLE AMOUNT 010 GENERAL FUND 22,328.32 217 LANDSCAPE MAINTENANCE DISTRICT 7.29 220 STREETS FUND 534.94 284 REDEVELOPMENT AGENCY FUND 23.79 350 CAPITAL IMPROVEMENT FUND 97,493.23 640 WATER FUND 887.99 TOTAL 121,275.56 J ATTACHMENT E CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 8/20/99 TO 9/02/99 09/10/99 FUND 010 219,849.54 Salaries Full time 121,313.38 FUND 220 10,360.42 Salaries Part-Time 29,991.02 FUND 284 1,251.36 Salaries Over-Time 9,693.80 FUND 612 3,590.61 Holiday Pay 4,199.44 FUND 640 10,013.44 Sick Pay 4,849.02 245,065.37 Annual Leave Pay Vacation Buy Back 120.64 Vacation Pay 9,054.37 Comp Pay 7,683.34 Annual Leave Pay 2,474.45 PERS Retirement 14,126.91 Social Security 13,542.17 PARS Retirement 243.92 State Disability Ins. 289.79 Health Insurance 21,989.53 Dental Insurance 3,324.08 Vision Insurance 887.70 Life Insurance 506.81 Long Term Disability - Uniform Allowance Car Allowance 300.00 Council Expense 375.00 Employee Assistance - Motor Pay 100.00 Total: 245,065.37 . -----.-- 9.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: SEPTEMBER 28, 1999 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of August 31, 1999, as required by Government Code Section 53646 (b). CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT //4 ~ ~ 31, 1999 ^ ^ September 28, 1999 This report presents the City's investments as of August 31, 1999. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of August 31, 1999, the investment portfolio was in compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high quality investment in terms of safety, liquidity, and yield. The City may readily transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other inv~stments. The following is a comparison of investments based on book values as of August 31, 1999 compared with the prior month and the prior year. Date: August 1999 July 1999 August 1998 Amount: $8,550,000 8,710,000 6,760,000 Interest Rate: 5.18% 5.09% 5.65% - B.c. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 14, 1999 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor Lady called the meeting to order at 6:31 P.M. Mayor Pro Tem Ferrara, Council Members Runels, Tolley, Dickens, City Manager Hunt, and City Attorney Carmel were present. 1. PUBLIC COMMENT: None. 2. CLOSED SESSION: Mayor Lady announced that the Council was going to meet in closed session to discuss the following matters: A. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 Title: Economic Development Director B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a) Name of Case: Blanck v. City of Arroyo Grande. et al.; United States District Court, Central District of California, Case No. 95-5118 DDP (RZX) 3. CLOSED SESSION ANNOUNCEMENTS: There was no reportable action from the closed session. 4. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 7:15 P.M. to the regular City Council meeting of September 14, 1999. MICHAEL A. LADY, Mayor ATTEST: KELL Y WETMORE, Administrative Services Director/ Deputy City Clerk -.-- ~~----~.------- --...- ----.------- J CITY COUNCIL MINUTES' TUESDAY, SEPTEMBER 14,1999 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Honorable Mayor Lady called the regular City Council meeting of the City of Arroyo Grande to order at 7:18 p.m. 2. ROLL CALL City Council: II Council Member Runels II Council Member Tolley II Council Member Dickens II Mayor Pro Tem Ferrara II Mayor Lady STAFF PRESENT lLCity Manager .x...City Attorney lLDirector of Administrative Services _Chief of Police _Director of Building and Fire lLDirector of Community Development lLDirector of Public Works lLDirector of Parks and Recreation lLDirector of Financial Services 3. FLAG SALUTE Boy Scouts of America, Troop 70, led the Pledge of Allegiance. 4. INVOCATION Pastor Richard Harrison, TLC Christian Life Center, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS a. Proclamation - Pollution Prevention Week. Accepted by Mr. Bob Carr from Air Pollution Control District. Mr. Carr gave an overview on activities and events planned for Pollution Prevention Week. 6. AGENDA REVIEW City Manager Hunt stated that there was a revised Exhibit A to the. Resolution on Agenda Item 9.m. --- J CITY COUNCIL MINUTES SEPTEMBER 14,1999 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Mayor Pro Tem Ferrara moved, Council Member Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. PUBLIC HEARINGS None. 8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Marie Burt, 414 Orchard, stated she had a problem with the City Council Agenda because the agenda items are not clear when listed by title only. She requested more description regarding what the items are about so the general public would understand what the City Council is considering. Richard Venable, 849 Mesa Drive, spoke about the proposed name change of Grand Avenue to East Grand Avenue in Arroyo Grande and West Grand Avenue in Grover Beach. He expressed concerns about the major expenses involved that would impact the busin~sses along Grand Avenue and the Cities of Arroyo Grande and Grover Beach. Mike Titus, 404 Lierly Lane, stated he was very concerned about the Planning Commission's meeting next week to start the review process of the Arroyo Linda Environmental Impact Report and Fiscal Impact Analysis. He said there was a substantial amount of information to review. He talked about the notification process for a zone change, which only required notification to surrounding properties. He said this project is a major event of development and annexation and the citizens should have input. He said there should be more notification other than just a press release,. and members of the Long Range Planning Committee and Core Outreach Team should be formally notified. 9. CONSENT AGENDA Council Member Runels declared a potential conflict of interest on Consent Agenda Item 9.e. and would not vote on this item. Mayor Lady declared he also had a potential conflict of interest on Consent Agenda Item 9.e. and would not vote on this item. Mayor Pro Tem Ferrara pulled Item 9.m. for discussion. He clarified that there is a revised Exhibit A which gives more clear information about the recycling program. Council Member Tolley asked if the Exhibit had been changed since the Council approved the new contract. Mayor Pro Tem Ferrara stated that the rates did not change; the revised Exhibit A gives more information for the general public on what the rates include. 2 ----- CITY COUNCIL MINUTES SEPTEMBER 14, 1999 Council Member Tolley moved and Council Member Runels seconded the motion to approve Consent Agenda Items 9.a. through 9.m. with the exception of Item 9.e., with the recommended courses of action. City Attorney Carmel read the title of Ordinance No. 507. C.S. in Consent Agenda Item 9.c. a. Cash Disbursement Ratification. Approved. b. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. Approved. c. Adoption of Ordinance No. 507 C.S. Modifying the California Public Employees' Retirement System (PERS) Contract. Ordinance Adopted. d. Minutes of City Council Meeting of August 24,1999. Approved. f. Paulding Middle School Bike Lanes, Project No. 90-98-1, Progress Payment No.1. Approved. g. Montego Street Sidewalks, Project No. 90-98-7 - Progress Payment No. 1 and Contract Change Order No.2. Approved. h. Spring 1998/99 Slurry Seal Project, City Project No. 90-99-3, Notice of Completion and Progress Payment No.2. Approved. i. Award of Bid - Fall 1999/2000 Pavement Management Project, No. 90-99-4. Approved. j. Award of Bid - City Council Chal1:1bers Parking Lot Project, No. 80-99-1. Approved. k. Award of Bid - Forklift. Approved. I. Budget Amendment Request to Replace Portable Electrical Generators. Approved. m. R~vised Effective Date of Refuse, Greenwaste, and Curbside Recycling Collection Rates. Resolution No. 3395 adopted. ......:- Voice Vote LRolI Call Vote AD-Lady AD-Ferrara ~Runels ~Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Council Member Tolley moved and Council Member Dickens seconded the motion to approve Consent Agenda Item 9.e. with the recommended course of action. e. Award of Bid - Fair Oaks Water Line Replacement, Project No. 60-98-5. Approved. 3 -- CITY COUNCIL MINUTES SEPTEMBER 14,1999 _Voice Vote LRolI Call Vote Absent Lady Aye Ferrara Absent Runels Aye Tolley Aye Dickens There being 3 A YES and 2 ABSENT, the motion is hereby declared to be passed. CONTINUED BUSINESS 10.a. STATUS OF SOUTH COUNTY COMMUNITY RECREATION CENTER SUBCOMMITTEE Parks and Recreation Director Hernandez highlighted the staff report. He said the subcommittee had discussed issues such as funding, amenities, possible layout, and location of the site. He referred to maps highlighting potential sites for the project. Director Hernandez said it is the recommendation of the Recreation Center Subcommittee that the City Council: . Endorse a regional planning approach to the Five Cities Recreational Center; . Authorize presentations by a Subcommittee Member before the County Board of Supervisors, Pismo Beach City Council, and Grover Beach City Council to discuss Recreation Center Subcommittee goals and objectives; . Authorize the Subcommittee to contact each property owner in the "Available Land Survey" attachment with an informatio'nal letter regarding the Recreational Center; . Direct the Subcommittee to gather increased public input, identify appropriate land resources and clarify funding sources; and, . Return to the Council in 120 days with a status report. Council Member Dickens gave a brief overview of the vision for the project. He said the concept of a Five Cities Regional Center would address many of the unmet needs in the community as well as accommodate the needs of the senior and youth populations. He explained that this project was going to depend on public input, and continued support from the City and other local agencies in the region. He said the Committee plans to give presentations to the San Luis Obispo County Board of Supervisors, Pismo Beach City Council, and Grover Beach City Council. Mayor Lady opened up the discussion for public comment. Richard Venable, 849 Mesa, stated he had attended a number of Subcommittee sessions, and the information pulled together was great. He said that rather than relying on the County, State, or Federal government for funding he would like to see this project as a Five Cities venture to be financed within the community. 4 -----------...-.-...- CITY COUNCIL MINUTES SEPTEMBER 14,1999 Hearing no further comments, Mayor Lady closed the public discussion. Council Member Tolley spoke in favor of one multi-use recreational -facility to serve all ages. He commended the subcommittee for its work and encouraged the continued vision for one facility. Council Member Runels asked if the proposed figures included land acquisition costs. Council Member Dickens responded that the proposed figures did not include funds for land acquisition. There was discussion about per capita costs for recreation services. Council Member Runels stated that the City of Arroyo Grande had consistently put forward a tremendous amount of money for recreation activities. He encouraged ~ approaching the neighboring cities to help with this project. Mayor Lady opened the discussion for public comment. Betty Branch, 293 S. Halcyon, Senior Advisory Commission Member, stated that she represents a lot of seniors who enjoy spending time with children. She spoke in favor of a multi-use recreational facility. Mayor Pro Tem Ferrara moved to approve staff recommendations, Council Member Tolley seconded the motion. _Voice Vote LRolI Call Vote Ayj! Lady Ax!LFerrara Ax!LRunels ~Tolley Ax!LDickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10.b. REVISIONS TO FEE WAIVER POLICY Parks and Recreation Director Hernandez highlighted the staff report. He stated that the Parks and Recreation Commission had reviewed the policy for possible revisions to the existing fee waiver policy for facility rentals. Council discussion and questions included how many organizations during the past year surpassed the proposed maximum amount of $750; methods to reduce the number of fee waiver requests that come to the Council; revisions to the fee waiver criteria form; creating an annual ceiling for waivers that can not be appealed to provide equity for all organizations; and available funds from the 5 -~~ -_._-~-- CITY COUNCIL MINUTES SEPTEMBER 14, 1999 Community Development Block Grant program for non-profit groups as an alternative. Council Member Tolley moved to 1) increase the amount of fee waiver the Parks and Recreation Commission can approve from the current $200 to $500; 2) set a maximum amount any individual group can receive in fee waivers at $750 annually (calendar year) with no ability to appeal; and 3) establish a policy whereby an organization or agency that does not meet the minimum five (5) criteria in the Fee Waiver Request Form is eligible for consideration of a fee waiver of up to 50% of rental fees. Mayor Pro Tem Ferrara seconded the motion. _Voice Vote LRolI Call Vote An Lady Ap,.Ferrara Ap,.Runels Ap,.Tolley Ap,.Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10.c. SCENIC CREEKSIDE WALK THROUGH THE HISTORIC VILLAGE OF ARROYO GRANDE - PHASE II PROJECT SCOPE Public Works Director Spagnolo highlighted the staff report. He stated that staff recommended the City Council: . Authorize the distribution of options for Phase II of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande for public comment; and . Return in approximately 30 days with a summary of public comments, make any modifications deemed necessary or appropriate, and approve an option for Phase II of the Creekside Walk Project. Council Member Dickens stated he had spoken to Ron DeCarli from SLOCOG and was informed that there were possible additional Transportation Enhancement Activities (TEA) funds available in this year's funding cycle. He asked if the City could submit an application for an increased scope of work. Director Spagnolo explained that this was being considered as a whole project, and that there are additional funds that the City would be applying for. He stated that at this time, the Council was requested to identify which phases of the schematic plan will be prioritized so that the City canmore closely define the project before applying for additional funds. There was discussion about the scope of work and how the TEA funds are allocated for the project. Director Spagnolo explained that the City has to provide the allocation of the 20% match of funds up front. 6 CITY COUNCIL MINUTES SEPTEMBER 14, 1999 Mayor Lady opened up the discussion for public comment. Loren Nicholson, South County Historical Society Board Member, stated the Society has a good partnership with the City. He spoke about the development of the Heritage House, the recent approval of a Lease Agreement between the City and the Society for the property south of the Bridge, and the relocation of the Santa Manuela Schoolhouse to that site. He said there was an unbelievable amount of people who visit the Village. He commented that the Creekside Path becomes a truly meaningful project as far as the Society is concerned which will put a finishing touch on what the Society is doing. He stated the ideal Phase II of the Creekside Path would be on the south side of the creek (Option 2) between Mason Street and Short Street. John Clark, 224 McKinley, supported Mr. Nicholson's comments. He stated he had been promoting the Village for 16 years. He asked if the next phase would be two years down the line or would it immediately follow the first phase. He said he would like to see the project expedited. Director Spagnolo explained that the first phase would be completed before construction would begin on the second phase. He said staff was seeking direction from Council on the next phase in order to develop the plans, and obtain approval from SLOCOG. There was discussion about the public review period of 30 days to obtain input from the community on the project. Director Spagnolo stated that the plans would be made available for review at City Hall, and presentations were scheduled to be given to the Village Improvement. Association, Downtown Parking Advisory Commission, and South County Historical Society. Doug Le Sage, representative for South County Historical Society, commented on the concerts that were recently held in the Village near the gazebo and how many people turned out for the events. He said the need for continued activities in this area near the Museum and the Schoolhouse tie in well with the pathway project. He spoke about the need for a parking lot at the Heritage House and suggested including funds for a temporary walkway as part of the pathway project. CZ Brown, 350 Old Ranch Road, stated he visualized this project as a "River Walk", with a small area for an amphitheater; a walkway that might be extended to Lopez; and a small restaurant overlooking the creek. He suggested considering a parking garage on the west side of downtown. He said the creek is the lifeline running through town and suggested an article in the newspaper to promote the project. Hearing no further comments, Mayor Lady closed the public discussion. There was further discussion about how the project is funded and suggested combinations of the various options for the project. 7 -- ---------".- --------.---------------.- CITY COUNCIL MINUTES SEPTEMBER 14,1999 There was Council consensus that this project is a priority for the City and should move forward quickly. Council concurred to wait for public comments and feedback before considering options for Phase II of the project. Council Member Runels moved to approve staff recommendations, Council Member Dickens seconded the motion. _Voice Vote lLRolI Call Vote An Lady Ap..Ferrara Ap..Runels Ap..Tolley Ap..Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Doug LeSage reminded the Council about the Historical Society's request for including a parking lot in the plans fpr this project. 10.d. AUTHORIZATION TO DISTRlpUTE DRAFT WATER AND SEWER RATE STUDY Public Works Director Spagnolo highlighted the staff report. He stated that Consultant Clayton Tucker, Tuckfield and Associates, was available to answer questions. Mayor Pro Tem Ferrara asked for a more detailed copy of the Consultant's scope of work for the study. Director Spagnolo responded that he would provide a copy of the specific scope of work. May()r Lady opened the discussion for public comment. Hearing no comments, he closed the public discussion. Mayor Pro Tem Ferrara moved to 1) authorize the distribution of the Draft Water and Sewer Rate Study for public comments; and 2) direct staff to return in approximately 30 days with a summary of public comments, make any modifications deemed necessary or appropriate, and conduct a Public Hearing to approve the Draft Water and Sewer Rate Study. Council Member Runels seconded the motion. 8 - ---..--.--------.-.-....-.------ CITY COUNCIL MINUTES SEPTEMBER 14,1999 Voice Vote LRolI Call Vote An. Lady ~Ferrara ~Runels An,..Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10.e. APPROVAL OF FINAL TRACT MAP 1834 UNIT NO. 4C Council Member Tolley declared a potential conflict of interest on this item and stepped down from the dais. Public Works Director Spagnolo highlighted the staff report. He explained that the Final Map for Tract 1834, Unit No. 4C has been prepared and is ready to be recorded. He stated that the developer has complied with the Conditions of Approval including the dedication of the streets and the public utility easements. Mayor Pro Tem Ferrara asked if the rejection of offer to dedicate the streets was for the purpose of making sure that the public improvements were in place, functioning, and maintained before being accepted. Director Spagnolo responded that the City generally accepts the right of ways and dedications after the improvements have been completed and open for public use. Council Member Dickens moved to 1) approve the Final Map for Tract 1834, Unit No. 4C; 2) reject without prejudice as to future acceptance the offers of dedication for street right of ways for Puesta Del Sol and Los Ciervos; and 3) reject without prejudice as to future acceptance the offers to dedicate easements to the public for street trees and public utilities. Council Member Runels seconded the motion. Voice Vote LRolI Call Vote Aye Lady Aye Ferrara Aye Runels Absent Tolley Aye Dickens There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. Council Member Tolley returned to the dais. 11. NEW BUSINESS None 9 CITY COUNCIL MINUTES SEPTEMBER 14,1999 12. COUNCIL COMMUNICATIONS . Mayor Lady commented that during the construction of the Grand Avenue capital improvement project, the City has relaxed its sign ordinance to allow businesses to place sidewalk signs; however, under the current sign ordinance they are not allowed. He requested the Council revisit this issue with a review of the sign ordinance to allow sidewalk signs of certain dimensions and sizes. City Manager Hunt responded that if the Council concurred, this issue would be forwarded to the Planning Commission for review. There was Council consensus to direct a review of the sign ordinance to the Planning Commission. . Council Member Runels suggested directing the Traffic Commission to review the traffic signal sequence at Halcyon and Grand for east and westbound traffic turning onto Halcyon. . Director Spagnolo responded that staff would review the phasing of the traffic . signal sequence. . Council Member Tolley announced a tentative date of September 22, 1999 had been scheduled for the next Long Range Planning Committee. . Council Member Dickens agreed with Marie Burt's earlier comments about making the wording on the Agenda Summary more reader-friendly. . Mayor Pro Tem Ferrara referred to a memorandum he prepared in response to the Village Glen Draft Environmental Impact Report and Traffic Analysis as it relates to the Brisco/101/Halcyon intersection. He said he had an issue with the analysis that was prepared by Penfield and Smith. He asked staff to ensure that his comments were distributed to the Planning Commission and Traffic Commission. 13. STAFF COMMUNICATIONS City Manager Hunt reported that the City Engineer has accepted the Final Map for Parcel Map AG 98-256, owned by William Hallmark, at 1530 Chilton Street. The subject parcel is bounded by Chilton Street on the north and EI Camino Real on the south. This is a split of one parcel approximately 25,631 square feet in size into two parcels approximately 18,393 square feet and 7,238 square feet in size. There was no appeal by the Council. The City Engineer will approve the Final Map within ten days following the date of this meeting. 10 CITY COUNCIL MINUTES SEPTEMBER 14,1999 14. ADJOURNMENT Council Member Runels moved,. Council Member Dickens seconded, and the motion passed unanimously to adjourn the meeting. Time: 8:49 p.m. MICHAEL A LADY, MAYOR ATTEST: KELLY WETMORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK 11 ell'" MEMORANDUM TO: CITY COUNCIL KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES~ FROM: SUBJECT: REJECTION OF CLAIM AGAINST CITY - B. SAMPSON DATE: SEPTEMBER 28,1999 RECOMMENDATION: It is recommended the City Council reject the attached Claim for Damages against the City filed by Bonnie Sampson, 563 Juniper Street, Nipomo. FUNDING: None. DISCUSSION: The City's insurance adjusters have reviewed the claim of Ms. Sampson and recommend it be rejected. C '. (1.,yr WtLrrt~....cv. ti ~ ~ City of Arroyo Granda CLAIM FOR DAMAGES PLLh \~..J,{J6.('~ TO PERSON OR PROPERTY ::O\'rt.c~ File with: ~ ~ '\ RESERVE FOR :!JLI~G STAMP CITY CLERK'S OFFICE (p & )) Claim No. '1 214 East Branch Street .0. ~~ Arroyo Grande, CA 93420 Cl3t-[l.I 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. laimiJ\k ity U~9#~ Give address and telephone number to which you desire notices or communica- Security tio;;&,fag;~ardq~9:s claim: ~.6'1 0 I When did DAMAGE or IN~YOCCUr? Names of any. City:.employees Date ~ O~ ~Ti1lle aM J involved in INJURY or DAMAGE If claim is fo Equitabl~ N\tc Indemnity, give date claimant served with that complaint: Date: . Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give strett names and adi7$.(tG;;;;,en~:m5:ka' UtJ~~ '-l~~ Irf 1),., ~ - G;VO,^I1d. eo. l..<<.. ~ Describe in detail how th~ D~E or INJURY occurred. . ~ /J~~ ~fUlo l:1t',cI6. n1~M-fJ~ffl'Y1 iJ ~~ $~6cJ.Je /J4~~~~~ , .... Why d~ you claim th~~responSible? ~ t ~ ~-fe. fA.)O.!J. J!" ~ 1--... .J'W.<:wJ - tlu.-< ()1J~ fJrD~/~, m.;;LdL~<--, ~ . d ~ MU> =:::. Describe in detail each INJURY or. D GE . ~ ~. ''''~+~ ~ d- .j)f7~wlr A;.QIG, iii- ~ NDr- ~ 0(. SUff/tD hJ-<- . IUS .,!-I po (OVER) T -"_._._~..__..._---.__._.,_.- imed, as of the date of presentation of this claim, a follows: , te~exact): Estimated prospeccoi..v.s ",JlECEI,VED as far as known: I J T Of'~RnyO GRANDE perty...... Future expenses for medical medical and hospital care. g.9.AijG I 9 PH 3: 09 and hospital care.......$ Future loss of Loss of earnings........$ earnings..............$ / f J Special damages for other prospective special .~~1I---- . . . . . . . . . . . . . . . . . . . . . . . . $ damages. . . . . . . . . . . . . . . $ ,,/j /'>r ~ Gener.l d...ges......~rospa.ctive general Cf/~ C/ 2 Total damages incurre damages...............$ ~ to ~at".., ,,-(.' . . . . . . . Total estimate pros.pecti ve t D ~/J ' 4YiYYJ;(tt) _-'7 - damages. . . . . .. ..... $ _ (JA rJ\;'v\ ,., V ---;- Total. amount claimed as of dat " ,/~, j &iJ..^I"~ I presentat10n of this claim........$ ~~'~ f Was tlamage and/or injury investigated by police? t;{t0~ If so, what city: Were paramedics or ambulance called? 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 known 0 have information: M/.2 Name ddress ~~~ Name ddress Nam .. Address ~i " 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 West; indicate place of accidEmt by "X" and by showing house numbers or distances to street corners. 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 vehicle; location of City Vehicle at time of acoident by "A- 1" and location of yours r your vehicle at the time of the acoident by "B-1".and the point of p t by "X." NOTE: If diagrams below do fit the situation; attach hereto a proper diagram signed by claim nt ~ P"AKW^,' ~ Nf''('" S,OEW^llC r-. Typed Name: Date: ~ -gOAJlJfC ~~iJ 8//8/11 E FILED WITH CITY CLERK (Gov: Code Sec. 915a). false claim is a felony (Pen. Code Sec. 72). . . . ~ ~"a RECEIVED CITY OF ARROYO GRANDE 99 SEP -9 PH 12: 50 Next Report Due: November 1, 1999 STATUS REPORT #2 September 8, 1999 City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Attention: Mr. Hunt, City Manager RE: Our Principal City of Arroyo Grande . . _. ---- DOl 8/3/99 Claimant Bonnie Sampson My File No. A9672-S Dear Mr. Hunt: PREVIEW: The claimant alleges that she damaged her tire on a piece of protruding metal. GOVERNMENT CODE REOUIREMENTS: A. Action By Public Entity: I recommend that a standard rejection letter be sent to the following claimant: Bonnie Sampson 563 Juniper Street Nipomo, CA 93444 C. Statute Of Limitations: The statute of limitations will expire six months from the date of 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 September 8, 1999 Page Two (A9672-S) CITY REPORT: The plate that the claimant allegedly struck is not part of the driveway approach. A rod was found on the far side of the sidewalk drain plate. The rod is part of the drain's frame. LIABILITY : The claimant may have been driving on the sidewalk instead of the driveway. I see no liability upon the City. I recommend that this claim be rejected. CLAIM STATUS: Claim 0 0._. Status Reserves LPD-Sampson Open $110.00 Loss $500.00 Expense COMMENT: My file is on diary for November 1,1999. ruly yours, en & Compan -----------_._"._,_._---,---,---, .,--'--_.-. ..- ,:9ftt:t ,0{ .. - .-,' ~ . .~~ P.O. Box 550 '. .. - -. - - .. , 214 EMB......Street .. . . ". ' '. -- .- , ' , '> ,~'. '.""." .' ',.., '-.".. . . .., AIToy~ Grande,CA93421 .' . ".... - --' .... . .r-" .. .' . '. ~PJaone:. (105) 4~).:~14 .: ~ ':ADMINlSTRATIVE SERVICES FAX: (105) .7~. ~.. ~ ,: .E:~aD=-"clt1@.rro1~ . ," ,. ", -.' ,',-'-. ....,.. '-" -- ..' . j" -' - ~~ >:--". Bormie Sampson . 563 Juniper Street, ~,:' Nipomo CA93444 ,-,. ,:',: '" DearMs. Sampson: , - ~ . Notice is hereby given that the claim you pre~ented totheCityCouriciloUheCifY ... of Arroyo Gtandebn August 19,,1999 was rejected onSep~erTIber28."1999.' - WARNING . . Subject to certain exceptions, you haveonlysix (6) ~ months' from the date this ~ notice was 'personally delivered or deposited in the. United .siStes man to 'file. a. Court Action. in a Municipal or a Superior Court of the State'of. Califomia'.on, this .. .' ..' . , . - ,-.;. .. '.,' -,' . -:"-" ' - claim. (See 'Govetnment Code Section 945.6). . -', You may seek th~advice of an attorney of yo~rchOiceinconnedidn with this matter. If you desire to consult an attorney, yousho~ld do, sQimniediately.. ~' - Kelly ,Wetmore ~ " . , .... Director of Administrative Services c: . City Manager ~. City Attorney , " Director of Public Works. Carl Warren & Co. .. - - 9... MEMORANDUM TO: CITY COUNCIL ~ FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: CONFLICT OF INTEREST CODE REVIEW DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended the City Council adopt the attached resolution amending the Arroyo Grande Conflict of Interest Code to update the appendix of designated positions required to file Statements of Economic Interest. FUNDING: There is no fiscal impact. DISCUSSION: The California Political Reform Act of 1974 requires local government agencies to adopt a Conflict of Interest Code ("Code"). The Code designates positions required to file Statements of Economic Interests and assigns disclosure categories specifying the types of financial interests to be reported. Further, the Code contains specific provisions setting forth any circumstances under which designated positions or categories of designated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Positions mandated by State law to file disclosure statements and not required to be listed in the Code include Mayors, Members of the City Council, candidates for City offices, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer. In 1987, the City adopted the State's standard Conflict of Interest Code by reference which, along with the Appendix of Designated Positions and the Appendix of Disclosure Categories. constitute the City of Arroyo Grande Conflict of Interest Code. Under the Political Reform Act, local agencies are required to review their Conflict of Interest Code biennially to determine if it is current and legally sufficient, or if revision is needed due to changed circumstances, including the creation of new positions, and --------- ~ 9.e. MEMORANDUM TO: CITY COUNCIL ~ FROM: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES SUBJECT: CONFLICT OF INTEREST CODE REVIEW DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended the City Council adopt the attached resolution amending the Arroyo Grande Conflict of Interest Code to update the appendix of designated positions required to file Statements of Economic Interest. FUNDING: There is no fiscal impact. DISCUSSION: The California Political Reform Act of 1974 requires local government agencies to adopt a Conflict of Interest Code ("Code"). The Code designates positions required to file Statements of Economic Interests and assigns disclosure categories specifying the types of financial interests to be reported. Further, the Code contains specific provisions setting forth any circumstances under which designated positions or categories of designated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Positions mandated by State law to file disclosure statements and not required to be listed in the Code include Mayors, Members of the City Council, candidates for City offices, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer. In 1987, the City adopted the State's standard Conflict of Interest Code by reference which, along with the Appendix of Designated Positions and the Appendix of Disclosure Categories, constitute the City of Arroyo Grande Conflict of Interest Code. Under the Political Reform Act, local agencies are required to review their Conflict of Interest Code biennially to determine if it is current and legally sufficient, or if revision is needed due to changed circumstances, including the creation of new positions, and Staff Report - Conflict of Interest Code Review September 28, 1999 Page 2 relevant changes in the duties assigned to existing positions. The City's Code was last updated in September, 1998. A revision to the Conflict of Interest Appendix of Designated Positions is required at this time due to position additions or changes that were approved as part of the Fiscal Year 1999-2000 budget. These changes need to be reflected in the Conflict of Interest Code to ensure that it is current. Changes made to the Appendix of Designated Positions include the following: 1. The position of Management Assistant has been added. 2. The position of Director of Economic Development has been added. 3. The position of Director of Administrative Services has been added. 4. The position of Code Enforcement Officer/Construction Inspector has been changed to Code Enforcement Officer. 5. The position of Public Works Inspector has been added. Alternatives The following alternatives are provided for the City Council's consideration: . Adopt the attached resolution; . Modify as appropriate and adopt the attached resolution; . Reject the attached resolution and take no action; or, . Provide direction to staff. ---.--..---- RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A REVISED CONFLICT OF INTEREST CODE INCLUDING AN AMENDED APPENDIX OF DESIGNATED POSITIONS WHEREAS, the Political Reform Act of 1974 (California Government Code Sections 81000 et. seq., ) requires that governmental entities in the State of California adopt and promulgate Conflict of Interest Codes; and WHEREAS, in 1987 the City of Arroyo Grande adopted a standardized Conflict of Interest Code, incorporating by reference the terms of Title 2 of the California Code of Regulations, Section 18730 et. seq., which contains the terms of a standard conflict of interest code; an Appendix of Designated Positions listing employees, officials, and consultants who make or participate in the making of decisions that may foreseeably have a material effect on their financial interests, and an Appendix of Disclosure Categories assigned to the Designated Positions; and WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate and up-to-date or, to make amendments to the Code when change is necessitated by changed circumstances; and WHEREAS, it is necessary to make the following additions and changes to the Appendix of Designated Positions in the City's Conflict of Interest Code: 1. Add the position of Management Assistant. 2. Add the position of Director of Economic Development. 3. Add the position of Director of Administrative Services. 4. Change the title of Code Enforcement Officer/Construction Inspector to Code Enforcement Officer. 5. Add the position of Public Works Inspector. WHEREAS, the City Council has determined that the attached Appendices, marked "Exhibit A" and "Exhibit B", respectively, both of which are incorporated herein by this reference, accurately sets forth those positions which should be designated and categories of financial interests which should be disclosed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby adopt a revised Conflict of Interest Code with the above additions and changes to the Appendix of Designated Positions; and, BE IT FURTHER RESOLVED, that this Resolution supersedes Resolution No. 3329 adopted in September, 1998. ------ ------------ ------..------------ - ----------_..__._-_.~-~~_._._._- RESOLUTION NO. PAGE 2 On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 28th day of September, 1999. -- RESOLUTION NO. PAGE 3 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: lDL(UL. ~ ROBERT L HUNT, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY -~ CONFLICT OF INTEREST CODE FOR THE CITY OF ARROYO GRANDE The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of Title 2 of the California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendices in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Arroyo Grande. Pursuant to Section 4(A) of the standard code, designated employees shall file statements of economic interests with the City of Arroyo Grande. Upon receipt of the statements of the designated employees, the Director of Administrative Services/Deputy City Clerk shall retain the originals and make them available for public inspection. - ----------- EXHIBIT "A" APPENDIX OF DESIGNATED POSITIONS Designated Positions Assigned Disclosure Categories 1. Director of Community Development 1 2. Associate Planner 2 3. Code Enforcement Officer 1 4. Director of Public Works 1 5. Deputy Director, Public Works 1 6. Public Works Inspector 1 7. Associate Engineer 2 8. Chief Building Inspector 1 9. Building and Fire Safety Inspector 1 10. Director of Building and Fire 1 11. Fire Division Chief 2 12. Police Chief 1 13. Police Commander 2 14. Director of Parks and Recreation 1 15. Director of Financial Services 1 16. Business License Clerk 6 17. Assistant City Attorney 1 18. Director of Economic Development 1 19. Director of Administrative Services 1 20. Management Assistant 2 21. Executive Assistant-City Administration 2 22. City Clerk 1 23. Traffic Commission Member 5 24. Downtown Parking Advisory Board Member 6 25. Parks and Recreation Commission Member 5 26. Senior Advisory Commission Member 5 27. Architectural Review Committee Member 5 28. Consultants* 1 * Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position" is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. NOTE: The Mayor, City Council, candidates for City offices, City Manager, City Attorney, City Treasurer, and members of the Planning Commission are mandated by State law (Government Code Sections 87200 through 87210) to file their Statements of Economic Interests. "EXHIBIT B" APPENDIX OF DISCLOSURE CATEGORIES 1. Persons in this category must disclose all investments and business positions in business entities, all sources of income, and all interests in real property. 2. Persons in this category must disclose all sources of income; business positions in business entities; investments which pertain to a business entity or activity dealing with real property,* and all interests in real property. 3. Persons in this category must disclose business positions in business entities; investments and income which pertain to a business entity or activity dealing with real property. * 4. Persons in this category must disclose interests in real property where the property is located within the boundaries of the City; business positions in business entities; investments, and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City in any public works project. 5. Persons in this category must disclose interests in real property where the property is located within the boundaries of the City; business positions in business entities; investments and income which pertain to a business entity or activity dealing with real property.* 6. Persons in this category must disclose investments which pertain to a business entity conducting a business in the City which requires a business license therefor pursuant to ordinances of the City. * A Business Entity or Activity Dealing With Real Property Includes: The sale, purchase, exchange, lease or rental, financing for its own account or as a broker of real property, or the development, syndication, subdivision of real property, or construction thereon, of buildings or structures. -~- -------------- 9.'. MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J. CARMEL, CITY ATTORNE~ SUBJECT: FIVE CITIES YOUTH BASKETBALL AGREEMENT DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended that the City Council approve the Agreement for the operation and management of the Five Cities Youth Basketball League ("Agreement") among the City of Arroyo Grande, the City of Pismo Beach, the City of Grover Beach, Five Cities Youth Basketball, and the San Luis Obispo County YMCA, and authorize the Mayor to sign the Agreement. FUNDING: An appropriation of $55,000 from the General Fund Unreserved Fund Balance was approved on July 27th. The proposed Agreement stipulates that Five Cities Youth Basketball will be responsible for any shortfall. The net result would be no fiscal impact to the City. DISCUSSION: At the City Council meeting of July 27, 1999, the City Council gave direction to staff to draft an agreement for the joint operation of the Five Cities Youth Basketball League between several public and private non-profit entities for Council review and approval. The attached Agreement forms a cooperative effort among those entities to oversee and manage the Five Cities Youth Basketball League. Alternatives The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify staff's recommendation and approve; or - Provide direction to staff. Attachments: Agreement July 27,1999, Staff Report S:\Arroyo Grande\ 1999\FCYB.Agreemt.stff .dmm -- -_._-----~.---- .- AGREEMENT FOR THE OPERATION OF THE FIVE CITIES YOUTH BASKETBALL LEAGUE THIS AGREEMENT is made and entered into this _ day of , 1999, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California ("City"), the CITY OF PISMO BEACH, a municipal corporation of the State of California ("Pismo"), the CITY OF GROVER BEACH, a municipal corporation of the State of California ("Grover"), FIVE CITIES YOUTH BASKETBALL, a non-profit California corporation ("FCYB"), and the SAN LUIS OBISPO COUNTY YMCA, a non-profit California corporation formed under the laws of the State of California ("YMCA "). The parties to this Agreement shall hereinafter collectively be referred to as the "PARTIES" . RECITALS WHEREAS, PISMO, GROVER, FCYB and the YMCA have requested that CITY oversee the management and operation of the Five Cities Youth Basketball League (" Basketball League"), with the support and partnership ofPISMO, GROVER, FCYB, and YMCA; and WHEREAS, at its July 27, 1999, meeting the City Council of the City of Arroyo Grande approved the concept of forming a partnership with PISMO, GROVER, FCYB and YMCA for the operation of the Basketball League. NOW, THEREFORE, the PARTIES agree as follows: 1. The recitals of this Agreement are true, correct and incorporated herein. 2. The PARTIES shall manage and collectively operate the Basketball League, with the breakdown of duties as follows: 1 . a. CITY OF ARROYO GRANDE - facility reservations (scheduling facilities for league use); recruiting, training, and scheduling volunteer officials; recruiting, training, and assigning site staff supervisors; scheduling games and practice times; and receiving and managing registration revenues. b. YMCA - recruiting and training coaches; fmgerprinting of volunteers;. purchasing program supplies (including, but not limited to, photos, awards and balls); and providing insurance. c. CITY OF ARROYO GRANDE/CITY OF PISMO BEACH/CITY OF GROVER BEACH/YMCA (SHARED) - promoting and publicizing the league; the post-season tournament and post-season celebration; providing representatives to the Parent Advisory Board; overseeing and implementing registration of participants; and forming teams. d. FCYB PARENT ADVISORY BOARD - obtaining sponsors; assisting with registration; assisting with formation of teams; assisting with recruitment of coaches and officials; and maintaining the Basketball League's accounts, including the Reserve Fund. 3. FCYB shall be responsible for maintaining a Reserve Fund to pay for unforeseen costs necessary to meet the expenses of the Basketball League, including.but not limited to the following: CITY staff and administrative costs, YMCA staff and administrative costs, gym rental, printing costs, uniforms, equipment, photos, and awards. Any shortfall in necessary funds shall be the sole responsibility of FCYB.t 4 The CITY shall be entitled to reimbursement of all funds expended with respect to the Basketball League management and operation, including but not limited to, CITY staff compensation and administrative costs. Reimbursement shall come first from the Basketball League revenues and then from FCYB. 2 ----....- 5. The PARTIES shall develop and approve by-laws which will more specifically identify their duties and roles, as well as other requirements of the Basketball League. The by- laws shall not be adopted unless separately approved by all PARTIES. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year .first hereinabove written. CITY OF ARROYO GRANDE FIVE CITIES YOUTH BASKETBALL By: By: Daniel Hernandez Director of Parks & Recreation Its CITY OF PISMO BEACH YMCA By: By: Its Its CITY OF GROVER BEACH YMCA By: By: Its Its S:\Arroyo Grande\Agreements\5 cities youth basketball.agreement 3 . MEMORANDUM . TO: CITY COUNCIL FROM: DANIEL HERNANDEZ, PARKS AND RECREATION,DIRECTOR(i\ . . SUBJECT: FIVE CITIES YOUTH BASKETBALL DATE: JULY 27, 1999 RECOMMENDATION: It is recommended that the City Council: 1) approve in concept the Parks and Recreation Department forming a partnership with Five Cities Youth Basketball, the Cities of Pismo Beach, Grover Beach, and the San Luis Obispo County YMCA to operate the Five Cities Youth Ba,sketball League; 2) direct the City Attorney to draft the appropriate agreement for Council review and approval; and, 3) authorize an appropriation of $55,000 from the General Fund Unreserved Fund Balance for the operational costs of the program. FUNDING: This program is not funded in the Parks and Recreation Department's FY 1999/00 budget. An appropriation of $55,000 from the General Fund Unreserved Fund Balance is recommended with a corresponding increase in program revenues of $55,000. A~suming revenues match expenditures, there is no impact to the City. DISCUSSION: Five Cities Youth Basketball approached staff requesting the City take over operation of its league. During discussions regarding this request, it was agreed conceptually the term of the initial agreement would be for two years, with an initial evaluation after the first year. Following the 'two year period, all parties can evaluate the effectiveness of operating this program in the proposed format. The program has been in operation for over 20 years' and has grown from 24 teams in the early 1980's to its current 1,050 participants comprising 124 teams, and using six gym sites. League organizers no longer wish to maintain daily operation of the program. Subsequent to initial discussions with Five Cities and the YMCA, as part of the City's ongoing discussions with Grover Beach and Pismo Beach regarding consolidating Parks and Recreation services, staff addressed the possibility of both cities joining in on the Five Cities proposal. On July 20, 1999, the Pismo Beach City Council authorized staff to pursue recreational opportunities with Arroyo Grande including the proposed partnership arrangement for the Five Cities Youth Basketball League. In addition, Grover Beach has indicated an interest in being a part of this joint effort as well. Staff has met with league representatives and the YMCA to discuss the possibility of a partnership and a division of responsibilities. Based on those discussions (prior to' the stated interest of Pismo Beach and Grover Beach) and assuming approval by the City Council, City staff, YMCA staff, and a Parent Advisory Board will comprise a Mal1aging Committee to continue discussing a partnership structure; however, if approved in concept, the City will maintain the leadership role in conducting the program. The breakdown of responsibilities would be as follows: CITY OF ARROYO GRANDE Facility reservations: Schedule gyms for games and outdoor school courts for practices. Recruit, train, and schedule volunteer officials Recruit and train, and assign site staff/gym supervisors Game .scheduling Practice scheduling Receive registration revenues YMCA Recruit and train coaches Purchase program supplies including photos, awards, shirts, balls, and insurance. (Refer to cost expenditures for breakdown) SHARED CITY AND YMCA Promotion/Publicity: press releases, flyers, PSA's End of season tournament End of season celebration . Parent Advisory Board Registration nights .. Team formation PARENT ADVISORY BOARD Sponsorship solicitation Registration nights Team Formation Coach and official recruitment A breakdown of City expenditures is as follows (estimated): Senior Leader (Program Supervision) 20 hours x 20 weeks = 400 hours x $12.40 per hour salary and benefits. $ 4,960 . Administrative Secretary (Clerical/Customer Service) 40 hours x $20.20 per hour salary and benefits. $ 808 "~ Recreation SUPE3rvisor (General Support) 60 hours x $37.00 per hour salary and benefits. $ 2.220 Total Staff and Administration $ 7,988 Gym rental $14,000 Printing $ 2,000 Miscellaneous (mailing and sanction fees, etc) $ 600 SUBTOTAL $24,588 . YMCA expenditures would include: Staff and administration $7,500 Uniforms $8,000 Equipment $3,100 Photos $4,500 Insurance $1,000 Awards $6,000 SUBTOTAL $30,100 - PROJECTED REVENUES $55,000 TOTAL EXPENSES $54,688 The above described cost breakdown does not reflect any involvement of the Cities of Pismo Beach or Grover Beach. Should either or both of the Cities participate, roles, responsibilities, and levels of funding may change with the exception of responsibilities of the Five Cities Youth Basketball Board. - During the 1998/99 season, Five Cities Youth Basketball collected approximately $55,000, including $35,000 in participant registratlons and $20,000 Hi sponsorships. ~ Expenditures of approximately $44,000 included gym rentals, awards, photos,' equipment, uniforms, printing, mailing, and insurance. The $11,000 difference between revenues and expenses was added to the League's Reserve Fund. Five Cities Youth Basketball has a reserve of approximately $40,000. Part of the proposed agreement will stipulate that Five Cities Youth Basketball will be responsible for any shortfall between anticipated sponsorships of $20,000 and actual sponsorships received. If the City assumes responsibility for this activity it would require hiring a Part-time Senior Leader at 20 hours a week for 20 weeks (assuming no participation by Pismo Beach or Grover Beach). In addition, it is estimated that the Recreation Supervisor , would spend 10% of his or her time for 20 weeks to administer the program. The City would assume the role of lead agency for the program. The YMCA will assist in game management, equipment distribution, and provide support services for sponsorship. collection and. tracking. Currently, the program is operated by a parent Board of Directors to manage various components of the program. Without the assistance of the YMCA, it would require that the City authorize at least one other 20 hour. per week position in addition to more time required by office clerical staff to manage the program components currently assigned to the YMCA. In addition, fingerprinting is required for all volunteers. As a 501 (c)(3) (non-profit), the YMCA would not ~e required to pay fees for this service. Currently, the City is charged $90 per participant for fingerprinting as required under Megan's Law. All participant ~ registration will be collected through the Parks and Recreation Department. Sponsorships will be solicited and coll.ected by the Five Cities Youth Basketball Parent Advisory Board then remitted to the City. The City will reimburse the YMCA for its expenses. Estimated total expenses for the program are $55,000. Other options include: 1. Contracting with the 5 Cities Youth Basketball Association (5CYBA) to provide specified support services and reimburs.ed at the end of the season. This would leave the 5CYBA as the lead agency. However, the Board of Directors has stated that they no longer want to be the lead agency for this program. 2. Have the YMCA assume the lead role for this program and contract with the City to provide support services. While an option, the 5CYBA has expressed its desire for the City to be the lead agency. 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; - Provide direction to staff. - s.\Doug\CounciIMemos\YouthBaskelbaIlMem062499 ~._- 9.g. MEMORANDUM TO: . CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR PARKS AND RECREATION ~. SUBJECT: LEASE AGREEMENT - 134 SOUTH MASON STREET DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended the City Council approve the Lease Agreement between the City of Arroyo Grande and the South County Historical Society for use of the City property at 134 South Mason Street, and authorize the Mayor to sign the Lease Agreement. FUNDING: The South County Historical Society will pay the City of Arroyo Grande the sum of One Dollar ($1.00) per year as rent for the house. DISCUSSION: At the City Council meeting of July 13, 1999, the City Council approved entering into a lease agreement with the South County Historical Society for the house located at 134 Mason Street as offices and business related to the Museum and Santa Manuela School. The Lease Agreement (Attachment 1) shall remain in effect for an initial term of twenty (20) years and at a cost of one dollar ($1.00) per year. Beginning with the first day of September of the year in which the Lease Agreement will have an initial term of twenty (20) years and each first day of January thereafter, a year shall be added automatically to the remainder of the initial term unless a notice of nonrenewal is given. The term of this Agreement is identical to previous agreements between the City and the Historical Society. Alternatives The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; - Modify staffs recommendation; - Reject staffs recommendation; - Provide direction to staff. Attachments: Lease Agreement (Attachment 1) s:/StaffRpUCC134MasonLease.909 ---^-.~ --..------ ------------ -----~- Attachment A. LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is made and entered into this _ day of , 1999, in the City of Arroyo Grande, County of San Luis Obispo, California, by and between the CITY OF ARROYO GRANDE ("City"), a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and SOUTH COUNTY mSTORICAL SOCIETY ("Historical Society"), a California non-profit corporation, with reference to the following facts and intentions: RECITALS A. City is the owner of a building and real property located at 134 South Mason Street in the City of Arroyo Grande, State of California ("hereinafter referred to as the "Premises"). B. City is also the owner of two other parcels of real property which are currently being leased by the Historical Society, and which are located adjacent to the Premises. C. The Historical Society proposes to lease the Premises from City for the purpose of office and storage space for the Historical Society's use and related functions. D. Although habitable, the premises are in need of repair and refurbishment. E. The Historical Society also proposes to restore and rehabilitate the Premises, consolidate development of the heritage gardens on the premises, and use the Premises in a manner which promotes the history and local heritage of City. F. City holds a unique place in the history of California as the site of an early Chumash Indian Village and as part of a great Mexican Rancho. G. The parties find that it would be to their mutual advantage and public benefit for City to lease the Premises to Historical Society as described herein. NOW, THEREFORE, IT IS AGREED as follows: ARTICLE 1. DEFINITIONS. The following terms shall, for all purposes of this Lease, have the following meaning as set forth below. 1 ~-- 1.1 City. City has the meaning assigned thereto in the preamble hereto. 1.2 Historical Society. Historical Society has the meaning assigned thereto in the preamble hereto. 1.3 Improvements. The term "improvements" or "improvement" includes, but is not limited to, restorations, alterations, rebuilding, additions, changes, repairs, upgrades, replacements, remodeling, reconditioning, or modifications of any and all portions of the Premises. 1.4 Laws and Orders. The term "laws and orders" includes all laws, statutes, ordinances, standards, rules, requirements, regulations, decrees, judgments, or orders now in force or hereafter enacted, promulgated, or issued by all federal, state, county, city, or other governmental agencies, courts, departments, commissions, boards, and officers. The term also includes government measures regulating or enforcing public access, occupational, health, fire, earthquake, or safety standards for employers, employees, landlords, or tenants. 1.5 Lease Commencement Date. The Lease commencement date is the date of Lease set forth in Article 1, section 1.6. 1.6 Lease Term. This Lease shall be effective as of the day and year first above written and shall remain in effect for an initial term of twenty (20) years therefrom; provided, however, that beginning with the first day of January of the year in which the Lease will have an unexpired term of nineteen (19) years, and each first day of January thereafter, a year shall be added automatically to the remainder of the initial term unless a notice of nonrenewal is given as provided herein. If either party desires not to renew this Lease, that party shall serve written notice of nonrenewal of this Lease on the other party at least ninety (90) days prior to the automatic annual renewal date of this Lease specified above. 1.7 Premises. The Premises refers to the building and real property located at 134 South Mason Street in the City and which is the subject of this Lease. ARTICLE 2. LEASE, CONDITION, AND RESERVATION OF RIGHTS. 2.1 Lease of Premises. In consideration of the rents, covenants, and agreements contained in this Lease, City hereby leases to Historical Society, and Historical Society hereby leases from City the Premises. 2.2 Name of Landlord and Tenant. The landlord is the City of Arroyo Grande and the tenant is the South County Historical Society. 2.3 Present Condition of Building and Premises. Historical Society represents that it has conducted an inspection and examination of the Premises that are the subject of this Lease and 2 --.----.--.- acknowledges that the building requires improvements to make the building fit for use and operation by Historical Society. Historical Society accepts the Premises in their present condition and agrees to rehabilitate the Premises so that they are in suitable shape and condition for occupancy and operation by Historical Society. 2.3.1 As-Is Condition. Historical Society accepts the Premises as-is, in their present condition or state as of the date of Lease, including any and all patent or latent defects, without any representation or warranty, express or implied in fact or by law, by City and without recourse to City as to the nature, condition, or usability of the Premises. 2.4 Reservation of Rights. City reserves all rights in the economic value of the leasehold, and all rights reserved to the City by operation of law. ARTICLE 3. RENT AND ADDITIONAL RENT. 3.1 Base Rent. Historical Society shall pay to City on or before the last business day of the first month of each Lease year a base rent in the sum of One Dollar ($1.00) per year for each year of the Lease term. 3.2 Additional Rent. In addition to the base rent, Historical Society shall pay an additional rent comprised of the payment of all utilities (Article 5), payment of assessments and possessory interest taxes (Article 6), and the payment of insurance (Article 7). ARTICLE 4. USE OF PREMISES. 4.1 Permitted Use and Maintenance of Premises. During the Lease term, Historical Society shall use the Premises solely for Historical Society office and storage space, and for such other uses generally appurtenant to the business of the Historical Society. Historical Society may use the Premises for special openings and events relating to historical and community events. Historical Society will landscape and maintain the grounds outside the building in a manner similar to that for the museum on the adjacent lot and incorporate these grounds into the master garden plan for the museum. The amended master garden plan combining the adjacent grounds shall be submitted to the City's Director of Parks and Recreation for written approval prior to implementation of the plan. Historical Society shall not use or permit the Premises to be used for any other purpose without City's prior written consent, which may be granted or withheld in City's sole discretion. During the Lease Term, Historical Society, at its own cost and expense and at no cost and expense to City, shall continuously and without exception repair, maintain, and make improvements to all portions of the Premises to ensure that all portions thereof are in a good order, condition, and repair in compliance with all laws and orders. 4.2 City's Right of Access to and Use of Premises. City and its agents shall have the right at all reasonable times to enter the Premises to perform functions, including, but not limited to the following: inspect the Premises; show the Premises to prospective purchasers or 3 _._-,._._~--_.- _._.._~,,- mortgagees; serve, post, and keep posted notices required by law or that City considers necessary for the protection of City or the Premises; inspect the Premises for any purpose connected with the care and management of the Premises; perform services required of City; take possession due to any breach of this Lease; perform any covenants of Historical Society that Historical Society fails to perform, or for any other purpose reasonably connected with City's interest in the Premises. City expressly reserves the right to enter upon and make any improvements to the Premises that are part of the City's adopted Creek Path project for the south side bluffs of Arroyo Grande Creek, including placement of pedestrian trails and benches, as City may choose at its sole discretion. Any such work will be done in a reasonable and expeditious manner so as to cause the least practical interference with Historical Society I s use of the Premises. City also reserves the right to use the grounds outside the building and may use the building itself without charge for functions, activities, or meetings of the City on mutually agreed upon dates and times by requesting the same from Historical Society, whose consent to such use by City shall not be unreasonably withheld. ARTICLE 5. UTILITIES. 5.1 Payment of Utility Services as Additional Rent. Historical Society shall initiate, contract for, and obtain, in its name, all utility services required for the Premises, including gas, electricity, telephone, water, janitorial, trash removal, sewer, and any other utility used or consumed in the Premises during the Lease term. Historical Society shall pay, and hold City and the property of City free and harmless from all charges for utility services as they become due as part of the rental of the Premises. All such charges shall be paid by Historical Society directly to the provider of the service and shall be paid as they become due and payable but in any event before delinquency. City may elect to terminate this Lease if Historical Society fails or refuses to pay the charges for utility services as assessed or incurred. ARTICLE 6. TAXES AND ASSESSMENTS. 6.1 Payment of Taxes and Assessments as Additional Rent. The execution of this lease may create a taxable property interest for the Historical Society. In such event Historical Society shall pay such possessory interest taxes when due and hold the City harmless therefor. In the event that a special assessment is imposed on the Premises that relates to Historical Society's use of the Premises, the parties agree to meet and discuss a satisfactory means of paying the assessment. ARTICLE 7. EXCULPATION, INDEMNIFICATION, AND INSURANCE. 7.1 Definition of Historical Society Parties and City Parties. The term "Historical Society parties" refers singularly and collectively to Historical Society and Historical Society's officers, members, agents, employees, and independent contractors as well as to all persons and entities claiming through any of these persons or entities. The term "City parties" refers 4 -- ---------- ------------ -~ singularly and collectively to City and the respective officers, representatives, agents, servants, employees, and independent contractors of these persons or entitles. 7.2 Exculpation. To the fullest extent permitted by law, Historical Society, on its behalf and on behalf of all Historical Society parties, waives all claims, in law, equity, or otherwise, against City parties and knowingly and voluntarily assumes the risk of, and agrees that City parties shall not be liable to Historical Society parties, for any of the following: injury to or death of any person; or loss of, injury or damage to, or destruction of any tangible or intangible property, including the resulting loss of use, economic losses, and consequential or resulting damage of any kind from any cause. City parties shall not be liable under this clause regardless of whether the liability results from any active or passive act, error, omission, or negligence of any of City parties; or is based on claims in which liability without fault or strict liability is imposed or sought to be imposed on any of City parties. This exculpation clause shall not apply to claims against City parties to the extent that a final judgment of a court of competent jurisdiction establishes that the injury, loss, damage, or destruction was proximately caused by City parties' fraud, willful injury to person or property, sole active negligence, or violation of law. Such exculpation shall survive the expiration or earlier termination of this Lease until all claims within the scope of this exculpation clause are fully, fmally, and absolutely barred by the applicable statutes of limitations. Historical Society acknowledges that this section was negotiated with City, that the consideration for it is fair and adequate, and that Historical Society had a fair opportunity to negotiate, accept, reject, modify, or alter it. With respect to the exculpation provided in this Article, Historical Society waives the benefits of Section 1542 of the Civil Code, that provides that "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. II 7.3 Insurance. Without limiting Historical Society's indemnification of City, Historical Society shall procure and maintain, for the duration of the Lease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with Historical Society's operation and use of the Premises. The cost of such insurance shall be borne by Historical Society. 7.3.1 Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability coverage (" occurrence II form CG 0001); 7.3.2 Minimum Limits of Insurance. Historical Society shall maintain limits no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form 5 - ----~._..^._---_..---- ---- -_..-------------_.~- ~"~ with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; 7.3.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Historical Society shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.3.4 Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: a. City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of premises owned, occupied or used by Historical Society. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers; b. Historical Society's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Historical Society's insurance and shall not contribute with it; c. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees or volunteers; d. Coverage shall state that Historical Society's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability; e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 7.3.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: V. 7.3.6 Verification of Coverage. Historical Society shall furnish City with original endorsements effecting coverage required by this clause prior to commencing any work on or occupying the Premises. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Historical Society takes possession of the Premises and any work commences. As an 6 -- J alternative to City's forms, Historical Society's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7.3.7 Aggregate Limits/Blanket Coverage. If any of the required insurance coverage's contain aggregate limits, or apply to other operations or tenancy of Historical Society outside this Lease, Historical Society shall give City prompt, written notice of any incident, occurrence, claim, settlement or judgment against such insurance which in Historical Society's best judgment will diminish the protection such insurance affords City. Further, Historical Society shall immediately take all steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 7.3.8 Modification of Coverage. City reserves the right at any time during the term of this Lease to change the amounts and types of insurance required hereunder by giving Historical Society ninety (90) days advance written notice of such change. 7.3.9 Failure to Procure Insurance. Within the foregoing constraints, Historical Society's failure to procure or maintain required insurance or a self-insurance program shall constitute a material breach of contract under which City may immediately terminate this Lease or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premiums in connection therewith, and recover all monies so paid from Historical Society. 7.3.10 Underlying Insurance. Historical Society shall be responsible for requiring indemnification and insurance from its employees receiving mileage allowance, consultants, agents and subcontractors, if any, in the same amounts and including the same terms as specified herein, to protect Historical Society's and City's interests, and for ensuring that such persons comply with any applicable insurance statutes. 7.3.11 Personal Property of Historical Society. City may continue to provide property insurance for the Premises. Said property insurance shall not provide coverage for Historical Society's personal property. Historical Society waives any claim against the City's insurance for or relating to damage to its personal property. 7.4 Indemnification. Historical Society, its Board of Directors, and the directors individually, shall, at Historical Society's sole expense, and with counsel reasonably acceptable to City, indemnify, defend, and hold harmless the City and City parties from and against any and all claims from any cause, that arise out of, result from, or relate to this Lease, the tenancy created under this Lease, or the Premises, including the use or occupancy, or manner of use or occupancy, of the Premises by Historical Society parties; any negligent act of Historical Society parties or of any invitee, guest, or licensee of Historical Society, or any other person authorized by Historical Society to use the Premises or any portion thereof; Historical Society's conducting of its business; any improvements, activities, work, or things done, omitted, permitted, allowed, or suffered by Historical Society parties in, at, or about the Premises, including the violation of or failure to 7 comply with any applicable laws and orders in existence on the date of Lease or enacted, promulgated, or issued after the date of Lease; and any breach or default in performance of any obligation of Historical Society's part to be performed under this Lease, whether before or during the Lease term or after its expiration or earlier termination. The intention of the parties being that with respect to compliance with laws and orders that Historical Society, during the Lease term, shall discharge and perform all the obligations of City, as well as all the obligations of Historical Society, related to the Premises, and indemnify City therefrom, so that at all times the rental of the Premises shall be net to City without deduction or expenses on account of any such laws and orders. 7.5 DefInition of Claims. For purposes of this Lease, "claims" means any and all claims, losses, costs, damage, expenses, liabilities, liens, actions, cause of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fmes, and penalties of any kind (including consultant and expert expenses, court costs, and attorney fees as defined in this Lease). 7.6 Type of Injury or Loss DefIned. This indemnifIcation extends to and includes claims for injury to any persons (including death at any time resulting from that injury); loss of, injury or damage to, or destruction of property (including all loss of use resulting from that loss, injury, damage, or destruction); and all economic losses and consequential or resulting damage of any kind. 7.7 Effect of Negligence. Strict Liability. or Willful Misconduct. Such indemnifIcation shall apply regardless of the active or passive negligence of City parties and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City parties. The indemnifIcation shall not apply to the extent that a fInal judgment of a court of competent jurisdiction establishes that a claim against one City party was proximately caused by the sole active negligence or willful misconduct of that City party. In that event, however, this indemnifIcation shall remain valid for all other City parties. 7.8 Survival of IndemnifIcation. The clauses of this Article shall survive the expiration or earlier termination of this Lease until all claims against City parties involving any of the indemnifIed matters are fully, fmally, and absolutely barred by the applicable statute of limitations. ARTICLE 8. ASSIGNMENT. 8.1 Apl'roval of Assignment. Historical Society shall not, without the City's prior written consent, permit assignment of any of its rights, delegation of any of its duties, assignment of all or any interest in this Lease, by operation of law or otherwise; sublet all or any part of the Premises or any right or privilege appurtenant to the Premises; or suffer any other person, other than City's agents and servants, to occupy or use all or any part of the Premises. In City's sole and absolute discretion, City may withhold its consent to any assignment, sublease, occupation, or use. City shall not be bound by any standard of reasonableness in exercising this discretion. Any assignment, subletting, occupation, or use by another person or entity without City's prior 8 - ------------ written consent shall be void and shall, at City's option, terminate this Lease. If Historical Society requests City to consent to a proposed assignment, subletting, occupation, or use by any other person or entity, Historical Society shall pay to City, whether or not consent is ultimately given, City's actual attorney fees and costs, as dermed in this Lease, incurred in connection with each such request. City's consent to one assignment, subletting, occupation, or use by any other person or entity shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person or entity. As used in this provision, "assignment" and "delegation" shall mean any sale, gift, pledge, hypothecation, encumbrance, or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Lease to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 8.2 Successors and Assigns. Subject to section 8.1, this Lease shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors, and assigns. ARTICLE 9. TERMINATION OF LEASE BEFORE EXPIRATION OF LEASE TERM. 9.1 Grounds for Termination. 9.1.1 Breach of Lease. Either party to the Lease may terminate this Lease if the other party has committed a breach of the Lease as defined in Article 11. There is no monetary penalty for such termination except for any costs and fees expressly provided for in Articles 9, 11, 13 and 14. 9.2 Termination Procedure. The party exercising the right to terminate shall provide written notice of the intent to terminate to the other party. If the termination is pursuant to section 9.1.1, the party shall give a prior written notice of at least ninety (90) calendar days prior to the date of the intended termination. The notice shall state the reason for the termination. 9.3 City's Purchase of Improvements Upon Termination. Upon termination of the Lease by City, as set forth in subsection 9.1.1, City shall reimburse Historical Society for the actual out of pocket cost of the permanent improvements that Historical Society made to the Premises. For purposes of this Article, "permanent improvements" shall mean those improvements that are affixed or attached to the Premises and not removable without material injury to the Premises. 9.4 Rights and Obligations Cease. All rights and obligations of the parties shall cease on termination of the Lease unless otherwise provided by the terms of the Lease. Neither party shall be liable to the other for damages of any kind, including without limitation incidental or consequential damages, resulting from any termination of this Lease, except as specifically provided for herein. 9 -.--- ---_.._~- ARTICLE 10. SURRENDER OF PREMISES. 10.1 Removal of Historical Society Property. On the expiration or earlier termination of the Lease term, Historical Society shall quit the Premises and surrender possession to City. On expiration or termination Historical Society shall remove or cause to be removed from the Premises all debris and rubbish, any items of personal property owned by Historical Society, and any other improvements that Historical Society placed on the Premises, unless City approves their remaining on the Premises in which case ownership of any such improvements automatically passes to City. Historical Society shall repair all damage or injury that may occur to the Premises caused by Historical Society I s removal of those items and shall restore the Premises to their condition that existed when the Lease commenced. ARTICLE 11. DEFAULT. 11.1 Acts of Default. Any of the following events or occurrences shall constitute a material breach of the Lease by Historical Society and, after the expiration of any applicable grace period, shall constitute an event of default, each being a separate event of default: 11.1.1 Failure to Pay Costs or Charges. The failure by Historical Society to pay any amount in full when it is due under the Lease. 11.1.2 Failure to Perform Obligation. The failure by Historical Society to perform any obligation under the Lease, which by its nature Historical Society has no capacity to cure. 11.1.3 Failure to Perform After Notification. The failure by Historical Society to perform any other obligation under this Lease, if the failure has continued for a period of ten (10) days after City demands in writing that Historical Society cure the failure. If, however, by its nature the failure cannot be cured within ten (10) days, Historical Society may have a longer period as reasonably needed to cure the failure, but this is conditioned upon Historical Society promptly commencing to cure within the ten (10) day period and thereafter diligently completing the cure. Historical Society shall indemnify and defend City against any liability, claim, damage, loss, or penalty that may be threatened or may in fact arise from that failure during the period the failure is uncured. 11.1.4 Assignment. Any of the following: A general assignment by Historical Society for the benefit of Historical Society's creditors; any voluntary ftling, petition, or application by Historical Society under any law relating to insolvency or bankruptcy, whether for a declaration of bankruptcy, a reorganization, an arrangement, or otherwise; the abandonment, vacation, or surrender of the Premises by Historical Society without City's prior written consent; or the dispossession of Historical Society from the Premises (other than by City) by process of law or otherwise; 10 ~_...- .--_.__.----_.__._--~~~------_.- 11.1. 5 Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of all or substantially all of Historical Society's assets; or the attachment, execution or other judicial seizure of all or substantially all of Historical Society's assets located at the Premises or of Historical Society's interest in this Lease, unless the appointment or attachment, execution, or seizure is discharged within thirty (30) days; or the involuntary filing against Historical Society, or any general partner of Historical Society if Historical Society is a partnership, of: a. A petition to have Historical Society, or any partner of Historical Society if Historical Society is a partnership, declared bankrupt, or b. A petition for reorganization or arrangement of Historical Society under any law relating to insolvency or bankruptcy, unless, in the case of involuntary filing, it is dismissed within sixty (60) days; 11.1.6 Abandonment. The abandonment of the Premises by Historical Society. 11.1. 7 Waiver. Waiver by City of any default in performance by Historical Society of any of the terms, promises, or conditions contained herein shall not be deemed a continuing waiver of the same or any subsequent default. In the event any officer, agent or employee of City shall consent to an act or failure to act in violation of any provisions of this Lease, such act or failure to act shall be immediately corrected upon a request from City in writing. 11.2 Remedies on Event of Default. If an event of Default occurs, the nondefaulting party shall have the right to terminate the Lease and to pursue any remedy now or later available to the nondefaulting party at law or in equity . ARTICLE 12. EXPIRATION OF THE LEASE TERM. 12.1 Ownership of Improvements by City. Upon the expiration or termination of the Lease, any and all improvements made to the Premises and left there by Historical Society shall automatically, without compensation to and without any act of Historical Society or any third party become the City's property. ARTICLE 13. ARBITRATION. 13.1 Disputes Subiect to Arbitration. Any controversy or dispute between the parties to this Lease may be submitted to an arbitration panel, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 et seq. of the California Code of Civil Procedure, to the extent that such provisions have not been modified 11 - pursuant to this Lease. The losing party shall pay all costs and attorney fees, as defmed in this Lease. 13.2 Rules Governing Arbitration. 13 .2.1 Limited Discovery. No more than thirty (30) calendar days before the arbitration, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within five (5) business days. The arbitrators shall resolve any dispute over the exchange of documents as they would be resolved in civil litigation. Thereafter, each party may take no more than three (3) depositions, each of which shall last no more than four (4) hours each. The arbitrators shall resolve any dispute over the depositions as they would be resolved in civil litigation. 13.2.2 Arbitrators' Powers. The arbitrators shall have the same powers as those of a judge of the superior court of the State of California, and shall render a decision as would a judge of a superior court of the State of California in accordance with the law and the facts. 13.2.3 Written Decision. Within fifteen (15) days after completion of the arbitration, the arbitration panel shall submit a tentative decision in writing, issuing fmdings of fact and specifying the reasoning for the decision and any calculations necessary to explain the award. Each party shall have fifteen (15) days in which to submit written comments to the tentative decision. Within ten (10) days after the deadline for written comments, the arbitration panel shall mail a written decision of the fmal award to each party. 13.2.4 Costs. Each party to the arbitration shall pay a pro rata share of the arbitrators' expenses and fees. The arbitrators shall award the prevailing party its expenses and fees of arbitration, including reasonable attorney fees, as defined in this Lease. If it becomes necessary to enforce an award made by the arbitrators or a judgment based on such award, the prevailing party shall be entitled to attorneys' fees, as defined in this Lease. 13.2.5 Judicial Review of Award. The parties shall be entitled to judicial review of an arbitrator's error or mistake of fact or law, and to judicial review of any issue that would have been entitled to judicial review if such issue had been addressed or decided by a superior court of the State of California. ARTICLE 14. ATTORNEYS' FEES. 14.1 Attorneys' Fees. Costs. and Expenses. In any litigation, arbitration, or other proceeding in law or equity by which one party to the Lease seeks to enforce its contract rights under the Lease, to resolve an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Lease, to seek a declaration of any rights or obligations under this Lease, or to interpret the provisions of this Lease, the prevailing party shall be entitled to 12 ~._- - - ---------..----------- recover from the losing party actual attorneys I fees incurred to resolve the dispute and to enforce the final judgment, award, decision, or order and such fees, costs, or expenses shall be in addition to any other relief to which the prevailing party may be entitled. The award of attorneys' fees shall be deemed to have accrued upon the commencement of the action and shall be paid whether or not such action is prosecuted to judgment, award, decision, or order. "Proceeding" shall mean any action, suit, claim, arbitration, alternative dispute resolution mechanism, investigation, administrative hearing, or any other proceeding, including but not limited to civil, criminal, administrative, regulatory, or investigative. The attorneys' fees to be awarded the prevailing party may be determined by the court or other decision maker in the same action or proceeding or in a separate action brought for that purpose. Any judgment, award, decision, or order entered in such action or proceeding shall contain a specific provision providing for the recovery of actual attorneys' fees incurred in enforcing such judgment, award, decision, or order. The award of attorneys' fees shall not be computed in accordance with any court schedule, but shall be made so as to fully reimburse the prevailing party for all attorneys' fees, paralegal fees, and expenses actually incurred in good faith, regardless of the size of the judgment, award, decision, or order, it being the intention of the parties to fully compensate the prevailing party for all actual attorneys' fees, paralegal fees, and costs and expenses paid or incurred in good faith. This provision applies to the entire Lease. ARTICLE 15. CONDEMNATION. 15.1 Condemnation Sums. In the event that the Premises shall be taken, in whole or in part, through the exercise of any power of eminent domain exercised by any federal, state, or local municipality having the power thereof, the Lease term shall terminate and expire on the date of such taking and any sums paid by such condemning authority shall be paid to the City. The Historical Society shall be reimbursed for actual out of pocket cost of the permanent improvements made to the premises. ARTICLE 16. MISCELLANEOUS. 16.1 Notices. To be effective, all notices, requests, demands, and other communications required or permitted under this Lease shall be in writing and shall be delivered either in person or by certified mail, postage prepaid, return receipt requested. Notice is deemed effective on delivery if served personally on the party to whom notice is to be given and delivery is confirmed by a receipt. Notice is deemed effective on the second day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, return receipt requested, postage prepaid, and properly addressed as set forth below. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities. The addresses for purposes of giving notice are as set forth below but each party may change its address by written notice in accordance with this paragraph. 13 ______..n -- --- -- HISTORICAL SOCIETY: South County Historical Society P.O. Box 633 Arroyo Grande, CA 93421-0633 CITY: City of Arroyo Grande Attn: City Manager P.O. Box 550 Arroyo Grande, CA 93421-0550 16.2 Discrimination Prohibited. No person shall, on the grounds of race, religion, color, national origin, or sex, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under this Lease. 16.3 Nondiscrimination. Equal Employment Practices. and Affirmative Action Pro~am. Historical Society shall comply with the nondiscrimination laws of the United States of America, the State of California, and City in performing this Lease. Historical Society shall not discriminate in its employment practices against any employee, or applicant for employment because of such person's race, religion, national origin, ancestry, sex, age, or physical handicap. 16.4 No Mortgaging Leasehold. Historical Society shall have no right to subject the leasehold estate or the Premises to any mortgage, deed of trust or other security interest. 16.5 Time of Essence. Time is of the essence in this Lease. 16.6 Effectiveness. This Lease shall be effective only when signed by both parties to the Lease and approved by formal action of the City Council of City . 16.7 Necessary Acts/Other Instruments. The parties shall at their own cost and expense execute any and all other documents and instruments and shall take any and all actions as may be reasonably required, necessary, or appropriate to evidence or carry out the intent and purposes of this Lease. 16.8 Good Faith. Each party to this Lease shall act in good faith in performing their respective obligations set forth in this Lease. 16.9 Waiver. The waiver of any breach of any condition, covenant, term, or provision of this Lease by any party to this Lease shall not be deemed to be a waiver of any preceding or subsequent breach under the Lease, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 16.10 Authorizations. All officers and individuals executing this and other documents on behalf of the respective parties do hereby certify and warrant that they have the capacity and have been duly authorized to so execute said documents on behalf of the entity so indicated. Each 14 - _..._~~_._--_.__.- signatory shall also indemnify the other party to this Lease, and hold them harmless, from any and all damages, costs, attorneys' fees, and other expenses, if the signatory is not so authorized. 16.11 Headings and Captions. The captions and headings of this Lease are inserted for convenience only and shall not be deemed a part of this Lease and shall not be used in interpreting this Lease or in determining any of the rights or obligations of the parties to this Lease. 16.12 Word Usage. Unless the context clearly requires otherwise, the plural and singular words shall each be deemed to include the other; "shall," "will," or "agrees" are mandatory, and "may" is permissive or discretionary; "or" is not exclusive; the masculine, feminine, and neuter genders shall each be deemed to include the others; and "includes" and "including" are not limiting. 16.13 Severability. If any term, provision, covenant, or condition of this Lease shall be or become illegal, invalid, null, void, unenforceable, or against public policy, in whole or in part, or shall be held by any court of competent jurisdiction to be illegal, invalid, null, or void, or against public policy, the term, provision, covenant, or condition shall be deemed severable, and the remaining provisions of this Lease shall remain in full force and effect and shall not be affected, impaired, or invalidated. The term, provision, covenant, or condition that is so invalidated, voided, or held to be unenforceable shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Lease. 16.14 Counter.part Execution. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 16.15 Entire Agreement. This Lease constitutes the fmal, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the Lease and supersedes all prior and contemporaneous agreements, promises, representations, warranties, understandings, or undertakings by either of the parties, either oral or written, of any character or nature. No party has been induced to enter into this Lease by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Lease. 16.16 Amendments. This Lease may be altered, amended, modified, or supplemented only by an instrument in writing, executed by the parties to this Lease and by no other means. No alteration, amendment, modification, or supplement of this Lease shall be binding unless it is in writing and signed by both parties. Each party waives their future right to claim, contest, or assert that this Lease was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel. 16.17 Ambiguities. Each party and its counsel have participated fully in the review and revision of this Lease. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Lease. 15 IN WITNESS WHEREOF, City has executed the Lease with the approval of its City Council, and caused its official seal to be affixed and Historical Society has executed the Lease in accordance with the authorization of its Board of Directors and has caused its official seal to be affixed. SOUTH COUNTY mSTORICAL SOCIETY By: (Name) Ways and Means Chairman ATTEST: BOARD SECRETARY CITY OF ARROYO GRANDE By: MICHAELA. LADY, MAYOR ATTEST: I KELLY WETMORE Director of Administrative Services! Deputy City Clerk APPROVED AS TO FORM: By: Timothy J. Carmel City Attorney S:\Arroyo Grande\Agreements\HIST -soc. 1999 lease.134mason 16 9.h. MEMORANDUM TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE ~ SUBJECT: AUTHORIZATION TO SOLICIT BIDS FOR EMERGENCY STAND-BY GENERATOR DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended the Council authorize the solicitation of bids for an emergency stand- by generator. FUNDING: The adopted FY1999/00 Fire and Emergency Services' Machinery and Equipment Budget includes $9,800 for an emergency stand-by generator for the Fire Station. This equipment is being purchased on a 4-year lease with 4 equal payments of approximately $9,800. At the time of final payment, title to the generator will pass to the City. Actual cost of the generator and installation is $39,200 (over four years). DISCUSSION: Because the fire station is in operation 24 hours each day, there is a need to replace the existing 49-year-old generator with a more reliable, higher powered, auto start generator. The electrical generator presently being used is of military surplus vintage, on indefinite loan from San Luis Obispo County Office of Emergency Services. The Fire Department will continue to remain in possession of this unit. The generator is gasoline fueled and has become unreliable. It is a mobile generator that must be manually started, then physically attached to the electrical system of the Fire Station prior to it being used. This results in lengthy periods of electrical outage in the building during power failures. Presently, the generator is rated at 12.5 kW (12,500 watts), not an adequate size to supply power to the entire Fire Station. As a result, heating appliances, computers, and communication devices become inoperative during a power failure. The new generator, rated at 65 KW (65,000 watts) will be permanently installed outside the Fire Station and will be driven by a diesel engine with a self-contained fuel supply adequate for 24 hours of use. The unit will be permanently connected to the electrical -"-----.---....--- distribution system of the Fire Station, will sense a power failure and automatically start, and will supply adequate power to allow normal operations within, and around, the Fire Station. Bid solicitations will be obtained by written quote. 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; -Provide direction to staff. Attachment: Supporting Budget Documentation ._~-- FY1999-00 FIRE AND EMERGENCY SERVICES DIVISION OPERATING EQUIPMENT 4" x 100' SUPPL Y HOSE 2.400 Because of the tremendous amount of wear and tear on hose, frequent replacement is necessitated at first visible sign of wear. Such wear has been noted on this hose. 24' EXTENSION LADDER 600 Due to being 15 years old and requiring a minimum of 3 personnel to maneuver it, Engine 4's 35' ladder needs to be replaced. 4- TON FLOOR JACK 700 With the purchase of this floor jack, heavier vehicles will be able to be lifted since the old 2-ton jack is failing. STAND-BY GENERATOR 9.800 Because the fire station is in operation 24 hours each day, there is a need to replace the 49-year-old generator with a more reliable, higher powered, auto start generator. This equipment is being purchased on a 4-year lease with 4 equal payments of approximately $9,800. At the time of final payment, title to equipment will pass to the City. Actual cost of equipment and installation is $39,200 (over four years). For ease of review, this item is shown in the Fire and Emergency Services Budget. If approved, this will be transferred to the Non- departmental Budget document to ensure consistency since all lease purchases appear in the Non-departmental Budget. TOTAL $22,000 OPERATING EQUIPMENT TOTAL $23,300 010-4211 1-10 ------- '..-...-.._.'-~,---_, ..------ ----- .... MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~ SUBJECT: GRAND AVENUE, ELM STREET TO HALCYON ROAD PROJECT NO. 60-70-90-98-6 ~ PROGRESS PAYMENT,NO. 2 DATE: SEPTEMBER 28,1999 RECOMMENDATION: It is recommended that the City Council authorize Progress Payment No.2 in the amount of $255.767.28 to Whitaker Contractors, Inc. for the Grand Avenue. Elm Street to Halcyon Road, capital improvement project. FUNDING: On June 22, 1999, the Council awarded the construction contract for the Grand Avenue, Elm Street to Halcyon Road Project, to Whitaker Contractors. .Inc. in the amount of $1.707,535 and authorized a contingency of $170,750 to be used for unanticipated costs during the construction phase of the project ($1,878,285 total available funding). DISCUSSION: An Application for Progress Payment NO.2 was received from Whitaker Contractors. Inc. for work completed between August 1 and August 31, 1999. for the Project. As of August '31-. the contract was 23% complete and $392,587.26 of the $1,707,535 available funds (or 23%) has been requested by the Contractor. The contract end date is January 14, 2000, which is consistent with the tentative project schedule presented to the City Council at the time of construction contract award. Attachments: Application for Progress Payment NO.2 c:wy Oocumenta\Projects\Grand Ave.5806\ProgPay2.wpd -----..... C(X"y of .Ayyoyo-GY~ Public Works Department Application for Progress Payment Contract Name: Grand Avenue, Elm St to Halcyon Rd Contract No: 60-70-90-98-6 Progress Payment No: 2 City Account No: 350-5806-7001 To Whitaker Co.- $ 255,767.211 To Esaow A((ount - $ 211,41a.s9 Payment Date: 08/31/99 Bid EstImate Am.nded EstImate Pav 111 Date Bid Una Una 0Iv UnR P.rcent Item. UnR Qty Price Amount otv Price Amount Price Amount ComDI.te G.n....IR 1 LS MoIIIIlZatlon Allowance 1 $ 10 000.00 $ 10000.00 1 $ 10 000.00 $ 10000.00 1.00 $ 10000.00 $ 10000.00 100% 2 LS TraMe Control 1 $ 60 000.00 $ 60 000.00 1 $ 60 000.00 $ 60 000.00 0.27 $ 60 000.00 $ 16200.00 27% 3 LS TreIIch Sheetlno. Shorino or Bracino 1 $ 16875.00 $ 16 875.00 1 $ 16 875.00 $ 16875.00 0.32 5 18875.00 5 5 <100.00 32% 4 LS eon.tructIon SUNeY 1 $ 17 900.00 $ 17 900.00 1 $ 17 900.00 $ 17 900.00 0.27 5 17900.00 5 4833.00 27% I 5 LF 4. PIle Class 150 C900 Water Main 45 $ 29.00 $ 1 305.00 45 5 29.00 $ 1 305.00 o 5 29.00 5 - 0% 6 LF 6" PIle Class 150 C900WaterMaIn 185 $ 24.60 $ 4551.00 185 5 24.60 $ 4551.00 42 5 24.60 5 1 033.20 23% 7 LF 8" PIle Class 150 C900 Water Main 42 5 78.00 5 3276.00 42 $ 78.00 5 3 276.00 o 5 78.00 $ - 0% 8 LF 10" PIle Class 150 C900 Water Main 146 5 66.00 $ 9636.00 146 5 66.00 5 9 636.00 190 S 86.00 S 12540.00 130% 9 LF 12" PVC C1aII150 C900 Water Main 3013 $ 48.00 $ 144 624.00 3013 $ 48.00 $ 144 624.00 415 $ 48.00 $ 19920.00 14% 10 EA 4" CIaIIe VaIlM ~btv 1 $ 625.00 $ 625.00 1 5 625.00 $ 625.00 o $ 625.00 $ - 0% 11 EA 6" _ Valve AsMmblv 4 $ 625.00 $ 2500.00 4 $ 625.00 $ 2 500.00 1 $ 625.00 5 625.00 25% 12 EA 8" CIaIIe VallM AlMmblv 1 $ 3 190.00 $ 3 190.00 1 5 3 190.00 $ 3 190.00 o S 3 190.00 $ - 0% 13 EA 10" ButI8rfty VallM AsMmblv 2 $ 1 975.00 $ 3 950.00 2 $ 1 975.00 $ 3 950.00 2 $ 1 975.00 $ 3 950.00 100% 14 EA 12" IIUII8IIIY Valve AsMmblv 9 $ 1 990.00 $ 17910.00 9 $ 1 990.00 $ 17 910.00 3 5 1 910.00 $ 5970.00 33% 15 EA R", 1. Water SeIYice and Meter Box 35 $ 1,350.00 $ 47,250.00 35 $ 1,350.00 $ 47,250.00 o 5 1,350.00 $ - 0% Pw Construction Note 1-WI 16 EA R", 2" Water SeIYice and Meter Box 2 $ 1,890.00 $ 3,780.00 2 $ 1,890.00 $ 3,780.00 o $ 1,890.00 $ - 0% Par ConstJuctIon Note 2-WI 16(b) EA Replace 2" Water Service and l' Meter Box 5 $ 1,700.00 $ 8,500.00 5 $ 1,700.00 $ 8,500.00 o $ 1,700.00 $ - 0% Par Construction Note 2-WI 17 EA New 1" Water Service and Meter Box 2 $ 1,880.00 $ 3,760.00 2 $ 1,880.00 $ 3,760.00 o $ 1,880.00 $ - 0% Par Construction Note 11-WI 18 EA Replace 1" Duplex Water Service and 2 4 $ 2,000.00 $ 8,000.00 4 $ 2,000.00 $ 8,000.00 o 5 2,000.00 $ - 0% MetIr eo... (Per Construction Note 9-WI 19 EA R", l' Water ServIce 6 $ 1,450.00 $ 8,700.00 6 $ 1,450.00 $ 8,700.00 o $ 1,450.00 $ - 0% I IPW Construction Note ~WI 20 EA R", 4" Water SeIYice Manltald and 1 $ 3,600.00 $ 3,800.00 1 $ 3,800.00 $ 3,800.00 o $ 3,800.00 5 - 0% 4 MIter eo... ( Per Construction Note ~WI 21 EA Replace 4" Water Service Man.old and 1 $ 3,700.00 $ 3,700.00 1 $ 3,700.00 $ 3,700.00 o $ 3,700.00 $ - 0% 5 MIter eo.... (Per Construction Note ~WI 22 EA R.,.. 4" Waier SeIYice Manltald and 1 $ 3,930.00 $ 3,930.00 1 $ 3,930.00 $ 3,930.00 o $ 3,930.00 $ - 0% 7 ""'r eo... (Per Construction Note ~WI 23 EA AbMdon existing water meter 14 $ 775.00 S 10,850.00 14 $ 775.00 $ 10,850.00 o $ 775.00 $ - 0% Pw Construction Note 7-WI 24 EA Fn Hydrant Allembly 6 $ 2,860.00 $ 17,160.00 6 $ 2,860.00 $ 17,180.00 3 $ 2,880.00 $ 8,580.00 50% Par Construction Note 5-WI 25 EA R_ FIre Hydrant 2 $ 1,480.00 $ 2,960.00 2 5 1,480.00 $ 2,960.00 o 5 1,480.00 $ - 0% Pw ConstructIon Note 8-WI 26 EA Replace Fn Hydrant AsMmbly 9 $ 3,000.00 $ 27,000.00 9 $ 3,000.00 $ 27,000.00 o $ 3,000.00 $ - 0% cP8r Construction Note 4-WI 27 LS Abandon ExIstIng Water System Facilities 1 $ 8,620.00 $ 8,620.00 1 $ 8,620.00 $ 8,620.00 o $ 8,620.00 $ - 0% InCIudlno Construction Note 10-WI s-r'" -mlm 28 LF 8" PIIC SDR 35 s-r Main 932 $ 65.00 $ 60 580.00 932 $ 65.00 5 60 580.00 483 5 65.00 5 31 395.00 52% 29 LF 10" PIle SOR s-r Main 1697 $ 83.00 $ 140 851.00 1697 $ 83.00 $ 140 851.00 1517 $ 83.00 $ 125911.00 89% 30 LF 12" PVC SOR 35 s-r Main 389 $ 87.00 $ 33,843.00 389 $ 87.00 $ 33,843.00 380 $ 87.00 $ 33,060.00 98% Par ConstructIon Note ~I 31 EA S- Manhol. 7 $ 2 500.00 $ 17 500.00 7 $ 2500.00 $ 17500.00 4.5 $ 2500.00 5 11250.00 64% 32 EA S- Droo Manhole Sta 12+78 1 $ 2 350.00 $ 2350.00 1 $ 2350.00 $ 2 350.00 0.9 $ 2350.00 $ 2115.00 90% 33 EA MadlY ExIstIna Manhol. at Sta 10+04 1 $ 1 950.00 $ 1 950.00 1 $ 1 950.00 $ 1 950.00 0.9 $ 1 950.00 $ 1 755.00 90% 34 EA 1_ ExIstIno Manhol. at Sta 26+94 1 $ 1 840.00 5 1 840.00 1 $ 1 840.00 $ 1 840.00 0.0 $ 1 840.00 5 - 0% 35 EA I MadIIV ExIstIna Manhol. at Sta 27+24 1 $ 1 840.00 $ 1 840.00 1 5 1 840.00 $ 1 840.00 0.0 $ 1 840.00 $ - 0% 36 EA M Manhole at Sta 37+80 1 $ 1 626.00 $ 1 525.00 1 5 1 625.00 $ 1 625.00 0.0 $ 1 625.00 $ - 0% 37 EA Replace 4" SeMr Lateral with PVC SDR 35 53 $ 925.00 $ 49,025.00 63 $ 925.00 $ 49,025.00 6 $ 925.00 $ 6,550.00 11% Par Construction Note 4-51 38 EA ReDI8Ce 6" S-r Lateral with PVC SDR 35 1 $ 1 487.00 $ 1 487.00 1 $ 1 487.00 $ 1 487.00 o $ 1 487.00 $ - 0% 39 EA New 4. PIle SDR-35 SeMr Lateral 1 $ 1,480.00 $ 1,480.00 1 $ 1,480.00 $ 1,480.00 o $ 1,480.00 $ - 0% Par Construction Note 7-51 40 LS Abandon ExIstIno SeMr SVsbIm Facilities 1 $ 4 656.00 $ 4 656.00 1 $ 4656.00 $ 4 656.00 0.6 S 4656.00 $ 2793.60 60% Surface 1m""""" .- 41 c:'f CIaIIII Moreaate Base 4800 $ 48.90 $ 234 720.00 4800 $ 48.90 $ 234 720.00 714 $ 48.90 .$ 34 914.60 15% 42 TONS Class "S" AlDhaa Concrete 6950 $ 43.60 $ 303020.00 6950 $ 43.60 $ 303 020.00 49.6 $ 43.60 $ 2162.12 1% 43 LF ReIIIaCe ExIstIna Concrete Curb and Gutter 2150 $ 24.80 $ 53,320.00 2150 $ 24.80 $ 53 320.00 o $ 24.80 $ - 0% 44 LS Concrete Median 1 $ 77 900.00 $ 77 900.00 1 577900.00 $ 77 900.00 o $ 77 900.00 $ - 0% 45 LS Medlin Landscaoe and Irrlaatlon 1 $ 36 261.00 $ 36 261.00 1 $36261.00 $ 36 261.00 o $ 38 261.00 $ - 0% 46 SF ConcnIte CnIa GutlBr and Saandrels 1800 $ 6.00 $ 10,800.00 1800 $ 6.00 5 10800.00 o $ 6.00 $ - 0% 47 EA Concrete HandaD Ramo-Curb Return 3 $ 1 900.00 $ 6700.00 3 $ 1 900.00 $ 6 700.00 o $ 1 900.00 $ - 0% 48 LS ReDIace Fram.. and Covers 1 $ 7 650.00 $ 7 650.00 1 $ 7650.00 $ 7 650.00 o $ 7 850.00 $ - 0% 49 LS ~ent Delineation 1 $ 16 400.00 $ 16 <100.00 1 $ 16 <100.00 $ 18 <100.00 o 5 16400.00 $ - 0% . .f ~ Bid EstImate Amended EstImate Pay to Date Bid Un~ Un~ Un~ Percent Item Un~ I DeserIotion Qty Price Amount 0Iv PrIc. . Amount Qty Price Amount Comelele 50 LF CUrti Palntina 12-Coatsl 326 $ 1.00 $ 326.00 326 $ 1.00 $ 326.00 o $ 1.00 $ - 0% 51 LF R....lnt Curb Palntlna CI-Caat 1131 $ 1.00 $ 1131.00 1131 $ 1.00 $ 1 131.00 o $ 1.00 $ - 0% Un 52 LF uti.. Trench 720 $ 12.20 $ 8784.00 720$ 12.20 $ 8 784.00 o $ 12.20 $ - 0% 53 LF 4-1n UIJIitY Condu~ 1280 $ 1.70 $ 2 178.00 1280 $ 1.70 $ 2 176.00 o $ 1.70 $ - 0% 54 LF 2-111 utlltY ConduK 320 $ 0.70 $ 224.00 320 $ 0.70 $ 224.00 o $ 0.70 $ - 0% Stonn 515 LF 18" PVC Stonn Drain PIDe. Series 46 265 $ 73.00 $ 19 345.00 265 $ 70.45 $ 18 669.25 80 $ 70.45 $ 5636.00 30% 56 LF 24" PVC Stonn Drain PIDe. Series 28 415 $ 142.00 $ 58 930.00 415 $ 134.16 $ 515 676.40 284 $ 134.16 $ 35 418.24 64% 57 LF 24. HOPE Stonn Drain PIDe 175 $ 84.00 $ 14700.00 175 $ 84.00 $ 14700.00 o $ 84.00 $ - 0% 58 EA StoIm Drain Manhole 5 $ 2 580.00 $ 12900.00 5 $ 2580.00 $ 12900.00 3.6 $ 2.580.00 $ 9288.00 72% 59 EA Stonn Drain Drop Inlet, 3 $ 4,575.00 $ 13,725.00 3 $ 4,575.00 $ 13,725.00 0.5. $ 4,575.00 $ 2,287.50 17% Per Deta' Al18 W- 7ft 60 EA stann Drain Drop Inlet, 1 $ 5,300.00 $ 5,300.00 1 $ 5,300.00 $ 5,300.00 o $ 5,300.00 $ - 0% Per Detal 6/18 W- 14ft 61 EA Stonn Drain Drop Inlet, 1 $ 4,950.00 $ 4,950.00 1 $ 4,950.00 $ 4,950.00 o $ 4,950.00 $ - 0% Per DING 301-AG 62 EA Replace existing Catch Basin with Drop Inlet 2 $ 6,647.00 $ 13,294.00 2 $ 6,647.00 $ 13,294.00 o $ 6,647.00 $ - 0% Per Deta' Al18 Wa7 63 EA Inlet at 9+60 1 $ 2580.00 $ 2 580.00 1 $ 2 580.00 $ 2 580.00 o $ 2 580.00 $ - 0% T I 84 LS Installation 01 Optical DetectIon DevIces 1 $ 11,750.00 $ 11,750.00 1 $11,750.00 $ 11,750.00 o $ 11,750.00 $ - 0% on Halcyon Road and Elm street at Grand Ave. 65 LS Replace TraIIIc Signal Loops 1 $ 18,500.00 $ 18,500.00 1 $18,500.00 $ 18,500.00 o $ 18,500.00 $ - 0% Total $ 1 707 535.00 $1 703 605.65 $ 392 587.26 23.04% ~ T olal Pay to Date $ 392,587.26 . -:1:." /4 .<~~ T olal Retention $ 39,258.73 Previous Payment $ 97,561.26 Date Previous Retention $ 10,840.14 Public Works Director Date Contract Start Date: 7/19/99 Original Contract Day.: 180 Adjusted Contract Day.: 0 City Manager Date Adjusted Contract End Date: 1/14/00 Send Payment Amount to; Whitaker. Contractors Inc. PO Box 910 22985 EI Camino Real Santa Margarita, CA 93453 Send Retention Amount to; (Escrow Account # 281-396293) First Bank of San Luis Obispo PO Box 1249 San Luis Obispo, CA 93406 to... MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: AGENDA ITEM 10.8 LOPEZ REMEDIATION PROJECT STATUS REPORT DATE: SEPTEMBER 28, 1999 The attached supplemental information for the Lopez Remediation Project Status Report was received from Cannon & Associates this morning. ~ ." Lopez Project Team 3 September 22, 1999 Lopes Dam Seismic Remediation Project Project Cost Estimate Description Alternatives Preliminary Design Analysis Estimate Estimate Site Preparation $1.91m $0.53m Foundation Excavation 0 1.5m Stone Columns 1.75m 4.5m Embankment 4.04m 4.8m Outlet Bypass Piping 0.2m 0.53m Outlet Building 0.5m 0.43m Spillway Repairs 1.0m 0.2Om Monitoring Instrumentation 0 0.06m Reservoir Dewatering 0.25 0 Site Restoration 0 0.18m Dewatering 0.25 0 Extended Buttress 0 1.0 Subtotal $9.90m $13.73m Stone Column Contingency 0.88m 0 General Requirements (unlisted items) I. Om 1.0m Mobilization 0.5m 0.36m Subtotal $2.38m $1.36m Contingency (25%) 3.07m (20%) 3.02m Construction costs subtotal $15.35m $18.l1m Total escalated @ 5% to mid pt of constr. $0 0.90m Total construction $15.35 $19.01m Engineering $1.25m $1.3m Alternative Water Supply 0 0 Environmental and Pennitting 0.78m 0.88m Land costs 0 0.14m Administration & Legal 0.63m 1.32m Construction Management 1.25m 1.52m Financing Cost O.4m 0(1) Construction C.O. contingency 0 1.90m Project implementation costs total $4.31 m $7.06m TOTAL $19.66m $26.07m I. Financing cost are included separately as part of the total financed project amount. ..c .....-..- ......... ""t."", ~"'-..., h,) adA ,. San Francisco. CA --==- 94111.2552 _PJo'M -= - --==- 'P\1bIiC Fin.1nci~1 M.1n,~~mc.flt .... ~ - "''I.'hrJ.1 ."'~ 1..;.....!.ln. ..1'. ;.,(t./l::' . !. September 22, 1999 Mr. Noel King Deputy County Engineer County of San Luis Obispo County Government Center Room 207 San Luis Obispo, CA 93408 Dear Noel: As you know, the recent submission of the preliminary design (30% design) cost estimate by URS Woodward Clyde in the Preliminary Design Report. dated September 10, 1999, added about $6 million to the estimated cost of the Lopez Dam Seismic Remediation Project. The purposes of this letter are to (1) provide our overview of those revised costs that need to be financed and, therefore, included in debt service billings to the Zone 3 contracting agencies, and (2) determine the extent of the risks that Zone 3 may face if some or all of the contingent costs materialize and how Zone 3's financing approach may mitigate those risks. The costs that we would recommend including in the Zone 3. construction financing can be characterized as follows: . Construction costs related to the accepted engineering approach . Prudent contingencies related to the preferred construction method . Known soft costs (engineering, legal and financial- including reimbursable costs expended to date) . Debt service reserve fund . Capitalized Interest, if any We would not advocate including construction contingencies such as the $1.0 million extended buttress in the flOancing since such costs have, according to the preliminary design estimate, a very low likelihood (30% or less) of materializing. Accordingly, contingencies on such unlikely costs would also not be financed Therefore, the total estimated amount of the flOancing, based on these conditions, would be $27.10 million, based on the preliminary design estimate. Please note, however, that only $24.39 million would translate into actual debt service expenses for the contractors. The difference, $2.71 million, is the estimated amount of the debt service reserve fund that may be invested at the bond yield, the interest earnings on which would offset the associated debt service (the principal amount of the reserve fund will be used to pay debt service in the final amortization period of the financing). In addition, please note that we have not included any costs for capitalized interest, since there may be no need to capitalize interest during the construction period if the contracting agencies either pay some of the debt with property taxes or can adequately fund the remediation project's debt service out of water rates. If substantial change orders or costs associated with an extended buttress do materialize, they will likely occur a year or more after construction has commenced. The estimated amount of these potential costs is $1.95 million, based on the 30% preliminary design cost estimate ($0.95 million for construction change orders is A' -=- t'age~ '=PFM === '==~ -- -- included in the par amount set forth above). If various other contingency amounts have been exhausted, Zone 3 could still have a couple of options to fund these costs. First, some fonn of inter-fund transfer or temporary transfer from a reserve could be arranged by the County with the funds to be reimbursed (Plus interest) out of the Zone 3 financing for the water treatment plant three to five years from today. Although there may be some difficulty, for instance, in arranging for a transfer that would extend beyond a given fiscal year, the straightforwardness of this option may warrant pursuing this idea with the County. Second, the bond documents could be written in such a way as to allow for a liquidation of all or a portion of the $2.71 million cash reserve fund and the substitution of a debt service reserve fund surety (insurance) policy in its place. The ability to substitute a surety policy for a reserve that may be liquidated to fund capital costs is fairly common in the world of municipal finance. Since the cost of the surety policy typically is between 2%-4% of the total amount of the reserve fund, Zone 3 could free up approximately $2.60 million (the difference between the amount of the reserve and the cost of the surety policy) to use on construction. The debt service reserve fund can, therefore, be thought of as an additional reserve to accommodate capital cost changes. However, this approach would result in the loss of the interest earnings on the debt service reserve fund &om the moment the reserve amounts are used for construction. The effect of this would be to increase the net debt service requirements of the contractors by the amount of the lost interest earnings, since the debt service reserve fund could no longer be invested to offset debt service. Moreover, the principal amount of the reserve would no longer be available to pay debt service in the final amortization period of the financing. I would be happy to discuss this letter with you at your earliest convenience. I can be reached at (415) 982- 5544. Sincerely, Public Financial Management John H. Bonow Senior Managing Consultant cc: Dave O'Halloran Paavo Ogren Scott Henrich Lou Carella Gil Lawton 10.a. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES~ SUBJECT: LOPEZ REMEDIATION PROJECT STATUS REPORT ~ DATE: SEPTEMBER 28, 1999 RECOMMENDATION: It is recommended the City Council; 1. Provide direction to staff regarding the placement of a Zone 3 tax measure on the March 2000 ballot; and, 2. Receive and file the Lopez Dam and Reservoir Finance Committee Status Report. FUNDING: There is no fiscal impact at this time. DISCUSSION: The project team of Paavo Ogren (Cannon Associates), Lou Carella (Raines, Melton & Carella), and John Bonow (Public Financial Management) have been working with the Finance Directors from the Zone 3 contracting agencies, (Attachment A) to develop options for financing the Dam Remediation Project ("Project"). In addition, a new contract for Lopez water is being drafted to include Project costs. The new contract is currently being reviewed by the contracting agencies. Preliminary discussions indicate that the principal security for the new financing will be the agencies' water enterprise funds (water rates). However, options are available for each agency to obtain a credit from this obligation through a levy of an ad valorem property tax, special assessment, or special tax. Although the pledge of water revenues will serve as the primary obligation for each agency, each agency also has the option of buying down some portion of that obligation through other means, such as property taxes. Representatives from the Lopez Remediation Project Team (financial analysts, financial consultants, and the project manager) have requested the opportunity to explain the various options available to the City. The following items of discussion will be covered in the presentation: 1. Project status overview 2. Discussion of potential taxing measures/methods 3. Actions required of the City of Arroyo Grande ----~---~-.--_. -~ LOPEZ DAM REMEDIATION PROJECT STATUS REPORT Page 2 The City is required to take specific actions prior to the sale of bonds for the remediation project. Those actions include approval of the revised water supply contract. The tentative deadline dates are: December 31, 1999 - Approve new water supply contract April 15, 2000 - Determine project financing method June 30, 2000 - Approve Lopez Fund water rate ordinance These dates, the Lopez water rates, and the content of the water supply contract can be influenced by the option to place a portion of the cost on the tax roll. Placing remediation costs on the tax roll requires a two-thirds approval by the electorate. There are three election scenarios identified for the agencies' consideration: 1. Zone 3-wide election to apply a fixed percentage assessment per property against the total project obligation. The remainder of debt obligation would be paid by water rates of the participating agencies based on their proportionate share of water. 2. Zone 3-wide election to apply a fixed percentage assessment per property against each aqency's project obligation. Therefore, the assessments collected within each agency's boundaries would directly reduce the proportionate debt obligation. 3. Agency by agency election to approve a transfer of debt to the tax roll based on varying percentage assessments per property. Each agency would determine the appropriate assessment rate with collections within the agency's boundaries applied against the proportionate share of project obligation. Ultimately the responsibility for adding a Zone 3-wide ballot measure (March 2000) rests with the Board of Directors of the San Luis Obispo County Flood Control District (i.e. County Board of Supervisors). However, endorsement or opposition to a ballot measure will likely impact the Board's action. Because the Zone 3 Advisory Committee will consider this matter at the October 21st meeting, the City Council is asked to provide direction to its Zone 3 representative (Council Member Runels) on the following: 1. Should a bond election be held to place a portion of debt on the tax roll? 2. Which is the preferred assessment method? --------- LOPEZ DAM REMEDIATION PROJECT STATUS REPORT Page 3 Alternatives The following alternatives are provided for City Council consideration: - Approve staff recommendations; - Deny staff recommendations; - Modify staff recommendations and approve; - Provide direction to staff. Attachments: Zone 3 Contracting Agencies ._,~"'------- ATTACHMENT A ZONE 3 CONTRACTING AGENCIES AGENCY REMEDIATION SHARE Arroyo Grande 50.55% Grover Beach 17.66% Pismo Beach 17.66% Oceano CSD 6.69% County Service Area No. 12 7.44% TOTAL 100.00% 10.b. MEMORANDUM TO: CITY COUNCIL' ~ KERRY L. McCANTS, COMMUNITY DEVELOPMENT DIRECTOR I . · FROM: SUBJECT: DIRECTION REGARDING HIGHWAY 101/BRISCO ROAD LEVEL OF SERVICE POLICY DATE: SEPTEMBER 28,1999 RECOMMENDATION: It is recommended the Council provide direction to staff for processing project applications that contribute traffic to the 10 1/Brisco I nterchange or other intersections and/or roadways currently projected to operate at a level of service 'D'. FISCAL IMPACT: Building permit revenue may be impacted depending upon the direction given to staff. DISCUSSION: The processing of development proposals by the Planning Commission and City Council involves two basic types of review. The first type relates to CEQA compliance and the second relates to project compliance with City General Plan policies and the Development Code. Environmental ComDliance Does the environmental document prepared for a project (e.g., mitigated negative declaration, environmental impact report) adequately evaluate the environmental impacts of the project? The determination is based on the requirements of the California Environmental Quality Act (CEQA), and the thresholds of significance applied in the particular community. The environmental document analyzes the environmental setting, the impact of the project on resources of the community and the environment, the possible mitigation measures that might reduce the impacts, and reaches a conclusion with regard to the overall environmental impact of the project. If the project has one or more potentially significant environmental impacts that cannot be mitigated to a less than significant level, CEQA requires that an environmental impact report be prepared for consideration by the decision-maker. If the decision-maker approves a project that would have a significant environmental impact, it must adopt a statement of overriding considerations that -~ Staff Report: Hwy 101/Brisco Rd LOS "c" Policy September 28,1999 Page 2 demonstrates the facts upon which the decision-maker concluded that the benefits of the project outweighed the adverse environmental impacts. In Arroyo Grande, as in most communities, the decision-making body typically addresses the environmental document first. If the environmental document is not acceptable, the project cannot be approved. This is the case with the James Way annexation proposal. On April 27 and June 8, 1999, the City Council considered the project. The applicant proposed a General Plan amendment to provide for annexation of an 86.3-acre parcel north of James Way, in the vicinity of Mesquite Lane. The City Council refused to certify the EIR. Council comments indicated that the mitigation proposed in the EIR for traffic impacts at the Brisco/101 Interchange was not acceptable. The primary focus of the discussion concerning the traffic issue involved the analysis of the level of service (LOS) at the Brisco Road/101 Interchange. The EIR consultant analyzed existing traffic in the community, and also considered the traffic that would be generated by other proposed or approved projects in the area. The consultant concluded that when these cumulative traffic levels were considered, the Brisco/101 Interchange would operate at a LOS D. The James Way EIR identified the threshold for environmental significance for traffic. The threshold provides that the acceptable level of service for intersections in Arroyo Grande is LOS C or better. If a project causes deterioration in the level of service from LOS C to LOS D or worse, the project's environmental impact will usually be considered significant. Likewise, if an intersection is operating, or forecast to operate, at a LOS D or worse, and if the project adds to the problem, that too is considered a significant impact. The level of service determination is based on a technical analysis of traffic conditions. Two basic measures of level of service have been established. One measures the vehicle- to-capacity ratio, the other measures the delay experienced by vehicles at intersections. The subject EIR also stated that an exception to this general rule has been applied within the City. This exception has been used in previously certified EIR's as a mitigation measure. Under this exception, if there are improvements planned for an intersection forecast to operate at a LOS D or worse, and if those improvements would improve the Level of Service to C or better, then a short-term exposure to a LOS D could be accepted, and the impact would be considered less than significant. Pointing to the ongoing efforts with regard to re-designing the interchange (Le., the Brisco/101 Project Study Report [PS R]) , the EIR concluded that any of the three altematives proposed in the PSR would improve the intersection to an LOS C. Based on this, the EIR stated that the impact was reduced to a less-than-significant level, and no mitigation was required. The City Council did not accept the traffic analysis with regard to the mitigation. During the Council discussion, it appeared there was a consensus for the position that the above - -~-----_._-_._------------- Staff Report: Hwy 101/Brisco Rd LOS "C" Policy September 28,1999 Page 3 exception should not apply. This appeared to be based in the reasoning that the process of designing, funding, and constructing the improvements to the Brisco/101 Interchange was not subject to any specific timetable, and the improvements were, therefore, not sufficiently definite to apply the exception to the general rule regarding a project's impact on level of service. At the conclusion of the discussion, the following motion was made and adopted (3-1; Runels): Mayor Pro Tem Ferrara moved that the Council find the E/.R. not in compliance with C.EQ.A. and further direct staff to seek appropriate revisions to portions of the E/.R to include acceptable traffic mitigation measures consistent with the Am>yo Grande General Plan, if the applicant is willing. If the applicant was not willing the Mayor Pro Tem further moved that the Council deny certification of the E/.R and take no action on the General Plan Amendment and the Development Code Amendment applications. In the James Way case, the City Council apparently accepted the threshold as stated in the EIR, but disagreed with the assessment regarding the likelihood that interchange improvements would actually occur within a particular time frame. Each project application in the City must undergo environmental review. The threshold of significance is applied by staff uniformly. It is important, therefore, that the threshold be clearly identified so that staff may consistently evaluate other project proposals. Staff must also consider mitigation measures that would reduce the significance of impacts. Staff is aware that traffic is a major concern in the City. Traffic conditions cause frustration, economic loss, and can adversely affect the environment. If it is the policy of the Council that the historically utilized exception (planned improvements make short- term exposure to LOS D acceptable) is no longer applicable, staff is seeking direction as to whether the exception is no longer valid as it pertains to the Brisco Interchange or to all intersections within the community. Whether the long-held exception is no longer applicable to the Brisco Interchange or is no longer applicable community wide, one option that enables the Council to certify an EIR for a project that causes intersections (Brisco or Citywide) to fall to a LOS D or worse is to prepare a statement of overriding considerations establishing the project's overall benefit to the community. Another option is to establish a threshold, which would define acceptable versus unacceptable levels of impact. The exception policy currently in question established such a threshold. Another approach, rather than planned improvements, might be to establish a specific percentage as the threshold of significant versus less than significant. Admittedly, a specific percentage may be considered arbitrary; however, no more so than the previous "planned improvements" threshold for significant versus less ---~-- --~~".._-------------- Staff Report: Hwy 101/Brisco Rd LOS "C" Policy September 28,1999 Page 4 than significant. Staff will address the issue of using a percentage threshold later in this report under the sub-heading 'Environmental Action'. General Plan Compliance Does the project comply with the requirements of the General Plan, Development Code, and the specific type of permit requested (e.g., conditional use permit, planned unit development permit)? Before discussing General Plan compliance issues. it is critical to note that compliance with environmental reaulations is separate from the General Plan. Thus. a proiect could satisfv all environmental concerns but not be able to satisfactorilv resolve all General Plan compliance issues General Plan compliance examines a project's consistency with policies of the General Plan and requirements of the Development Code, as well as concerns of the various City Departments (e.g., Public Works, Fire Department) which are then addressed through conditions of approval that have been recommended by the Departments. With respect to the James Way annexation proposal, at the June 8, 1999 hearing, Council comments indicated that the EIR violated or failed to meet the standards of the General Plan, Land Use Element Sections 8.1 band 8.2f. These issues have a direct application to the required General Plan consistency finding that is a prerequisite to the approval of the James Way annexation proposal, as well as all projects within the City. General Plan, Land Use Element, Sections 8.1 and 8.2 read, in part, as follows: 8.1 Limit the number of dwelling units within the City to that which is consistent with the long-term availability of resources needed to support area population and that which public services and facilities can adequately support. b. Ensure that the approval of development proposals will not increase the traffic on a City street or roads in unincorporated areas (such as State Highway 227) above the roadway's existing capacitv or Level of Service C at the peak hour (underlining added for emphasis). 8.2 Ensure that all extensions of services and utilities to facilitate land use changes are accomplished in a manner consistent with the provisions and intent of the Arroyo Grande General Plan. f. Review development projects for their impacts on public services and facilities including, but not necessarily limited to, roadways, water, sewer, fire, police, parks, school facilities, and libraries. If a development project will cause the level of public service or facility provision to fall below the standards maintained by the Arroyo Grande and/or the standards of - -- - --- Staff Report: Hwy 101/Brisco Rd LOS "C" Policy September 28,1999 Page 5 applicable service agencies, require that appropriate on- and off-site improvements be provided either through conditions of approval, develooment fees, or establishment of assessment districts. If such improvements cannot be provided, decline approval of the project (underlining added for emphasis). Past practice within the City has been to interpret Land Use Element (LUE) 8.2.f as a method of implementing LUE 8.1.b for certain facilities. LUE 8.1.b requires that the City ensure acceptable levels of service are maintained. LUE 8.2.f allows this to be accomplished by the payment of fees. With regard to traffic impacts, the City has used LUE 8.2.f cautiously, allowing Transportation Facility Impact Fees to be used for mitigation of a level of service impact only when the time frame for planned improvements was deemed to be short term. This strategy has typically been used to allow such fees to mitigate impacts to the level of service at the Brisco Interchange. Staff is seeking clarification if it is the Council's intent to revise the historical interpretation that the two Policies have an affiliation. Such an interpretation would have a serious impact on all development since the interpretation would likely be applied to all intersections and roadways within the City. The interpretation may not survive a legal challenge if it is only applied to the Brisco Interchange. The restriction on development would occur because on intersections and road capacities found to be operating at a LOS D or worse, in most cases, individual projects could not be conditioned to provide the necessary improvements to achieve or maintain the higher level of service. Such a condition is even more tenuous when a project applicant is also required to pay the Transportation Facility Impact Fee. Under a series of U.S. and Califomia Supreme Court decisions, there must be a direct connection between the condition imposed on a development project requiring construction of specific on or off site improvements, payment of site specific fees (as opposed to legislatively enacted development fees of general applicability such as the City's Transportation Facility Impact Fee), or dedication of real property, and the impact caused by the development project. Of equal importance, once the "essential nexus" is found to exist, there must be "rough proportionality" between the exaction/dedication and the impact caused by the development project. In the case of the James Way annexation proposal, the project's actual impact on the Brisco Interchange is relatively minimal. As a result, the project could not be legally conditioned to construct and/or pay for the full improvements required to ensure a LOS C or better. Issues before the Council The following issues are presented for Council direction: A. - Environmental Exception (planned improvements make short -term exposure to LOS D acceptable): ~--- ~----------_._._--- Staff Report: Hwy 101/Brisco Rd LOS "C" Policy September 28,1999 Page 6 1) The exception still valid. 2) The exception is no longer valid. A) applicable to Brisco Interchange only? B) applicable Citywide? B. - General Plan Policy 8.1.b 1) Allied with Policy 8.2.f to allow Transportation Facility Impact Fees to be used for mitigation of a level of service impact when planned improvements are deemed short term? A) proceed with General Plan Amendment? 2) Not allied with Policy 8.2.f? Depending on Council direction on the aforementioned issues, the following means of implementing Council direction are provided: Environmental Action No.1 - Exception is no longer valid: All applicable projects would be evaluated on their impact on the level of service at affected intersections. If the vehicle-to-capacity ratio at an intersection is increased by 10 percent or more (or any percentage the Council determines to be appropriate), or if the vehicle delay is increased by 10 percent or more, resulting in LOS D or worse, the environmental impact of the project will be considered potentially significant. If so, the project would require the preparation of an environmental impact report to examine potential mitigation measures and altematives to the project. If the increase were less than 10%, the impact would be considered less than significant. Environmental Action No. 2 - Exception is no longer valid: All applicable projects would be required to prepare an environmental impact report to examine potential mitigation measures and alternatives to the project (this may enable the applicant to resolve environmental issues; however, it does not assure compliance with General Plan policies ). Environmental Action No.3 - Exception remains valid: On August 24, 1999, the City Council received a status report from the Public Works Department discussing four (4) in progress Project Study Reports. The report stated that the Brisco-Halcyon Road/Route 101 interchange report was tentatively scheduled for presentation to the City Council in November 1999. The improvement of the interchange is listed as a priority one project in the City's Transportation System Improvement Plan. There will be an estimated $1.5 million dollars available as of June 30, 2000 in the Transportation Facility Impact Fund for the Brisco Interchange or other high priority projects. The estimated cost for the Brisco Interchange in 1994, the year the fee was calculated, was $2.0 million dollars. Therefore, based on the information provided in the August 24th staff report, the availability of approximately $1.5 million in the Transportation Facility Impact Fund, and the priority ranking of the Brisco Interchange, the exception (planned improvements make short-term exposure to LOS D acceptable) remains valid. Staff Report: Hwy 101/Brisco Rd LOS "c" Policy September 28,1999 Page 7 General Plan Action No. 1 - Find that Policy 8.1.b must be satisfied independent from Policy 8.2.f.: Projects must comply with each Policy independently. Complying with Policy 8.2.f does not satisfy compliance with Policy 8.1.b. Staff recommends the following change to Policy 8.1.b.: "Ensure that the approval of development proposals will not increase the traffic on City streets or roads in unincorporated areas (suoh as State Highway 227) above the roadway's existing capacity or Level of Service C at the peak hour." Improvements to the State Highway system are beyond the jurisdiction of the City and are not subject to this Policy. Many factors outside of development activity within the City impact State Highway capacity. City projects are not required to implement State Highway improvements and therefore an argument can be made that City projects should not be subject State Highway capacity issues. This change would require a General Plan Amendment. General Plan Action No. 2 - Find that under certain circumstances compliance with Policy 8.2.1 meets the intent of Policy 8.1.b: No action necessary, historical interpretation applies. General Plan Action No.3 - Policy 8.2.f. and Policy 8.1.b. work concomitantly: To clarify the link between the two Policies, staff recommends the following changes to Policy 8.1.b: "Ensure that the approval of development proposals will not increase the traffic on City streets or roads in unincorporated areas (suoh as Stato Highway 227 excluding State Highways) above the roadway's existing capacity or below Level of Service C at the peak hour, unless the roadway is identified as a priority project 1 on the City's Transportation Facility Impact Fee project list." This change would require a General Plan Amendment. This report has been provided to the Chamber of Commerce, Home Builders Association, and developers with active development applications. Attachments: Public Works Staff Report: Status of On-Going Project Study Reports (Attachment 1) Resolution No. 3021 (Attachment 2) General Plan Objective 8.0 (Attachment 3) ----- --~-~-----_.__.._----- . ATTACHMENT 1 MEMORANDUM TO: CITY COUNCIL FROM? DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEE~ SUBJECT: STATUS OF ON--GOING PROJECT STUDY REPORTS (PSRs) DATE: AUGUST 24, 1998 RECOMMENDATION: It is recommended that the City Council receive and file this status report. - FUNDING: No fiscal impact. DISCUSSION: There are currently four project study reports (PSRs) being prepared for proposed roadway improvements in the South County area. Brisco Road-Halcyon Road/Route 101 Interchange This PSR evaluates four (4) interchange improvement alternatives at the intersection of Brisco Road and Route 101. The project development team consists of the Consultant (Dokken Engineering), staff from the City of Arroyo Grande, County of San Luis Obispo, SLOCOG, Caltrans, and several interested citizens. A draft PSR is tentatively scheduled for presentation to the City Council in November, 1999. After Council review, the draft PSR will be submitted to Caltrans for approval, which is anticipated ~t the end of this year. EI Campo/Route 101 Intercbaoge This PSR evaluates three (3) interchange altematives at different locations along Route 101 in the vicinity of the EI Campo Road intersection. The project development team consists of the Consultant (Dokken Engineering), staff from the City of Arroyo Grande, County of San Luis Obispo, SLOCOG, Caltrans, and several interested citizens. A draft PSR is tentatively scheduled for presentation to the City Council in November. 1999. After Council review, the draft PSR will be submitted to Caltrans for approval, .which is also anticipated by the end of the year. Route 101 OperatiQnallmprovements Caltrans is the lead agency for this PSR which will evaluate operational-type improvements (Le., auxiliary lanes, shoulder widening) along the Route 101 corridor between Arroyo Grande and San Luis Obispo. The project development team consists of staff from SLOCOG and Caltrans and the .affected local agencies. Caltrans approval is anticipated in November 1999. RoLJte 1/Halcyon Road Widening The County of San Luis Obispo Engineering Department is the lead agency for this PSR which will evaluate the most feasible route, Route 1 or Halcyon Road, to upgrade in order to meet current roadway standards. The project development t~am consists of the Consultant (Dokken Engineering), staff from the County of San Luis Obispo, City of-Arroyo Grande, SLOCOG, and Caltrans. A public meeting to solicit public comment is tentatively scheduled for after the first of the year. Caltrans approval is anticipated by; Summer 2000. With all four PSRs at the same relative state of developmf;)nt. this is an excellent opportunity to ensure conformity among all four Reports and thus better achieve a true regional solution to traffic concerns. 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UU... n . . - ,- --' '- - ----- . . . . A TT ACHMENT 2 .' RESOLUTION NO. 3021 A RESOLUTION OF TilE CITY OF ARROYO GRANDE SETTING FORTH TIlE AMOUNT OF PUBLIC FACILITY IMPACT FEES WHEREAS, Ordinance No. 461 C.S. of the City of Arroyo Grande establishes transportation facility impact fees and provides for the setting of fee amounts by resolution of the City Council; and, WHEREAS, the City has conducted a study which estimates the costs of public facilities needed to maintain the existing level of public services to existing and future residents and businesses in Ule City of Arroyo Grande, which is attached hereto as Exhibit" A" and which is hereby incorporated herein by reference; and, WHEREAS, pursuant to California Government Code Section 66016, said study has been available for public inspection and review at least ten (10) days prior to a public hearing held on this matter and public notice was provided fourteen (14Y days prior to the public h~'U"ing; and, WHEREAS, pursuant to California Government Code Section 66017, this resolution shall become effective sixty (60) days from the passage of Ordinance 461 cs. NOW, THEREFORE, the City Council of the City of Arroyo Grande finds and resolves that: ~ 1. Findhl2s: a. The purpose of transportation facilities impact fees is to protect the public health, safety and welfare by maintaining lhe existing level of public services for existing and future residents and businesses within the City of Arroyo Grande, and to pay for the cost of providing such facilities. b. The fees coIIected pursuant to this resolution shall be used only to pay for public facilities identified in Exhibit" A" pursuant to Ordinance No. 461 C.S. c. There is a reasonable relationship between the types of development on which fees are imposed and lhe purpose for which such fees will be used. . 2. Cost Estimates: The estimated costs of public facilities to be funded with Ule fees established by Utis resolution are set forth in attached Exhibit "A". If lhe actual or estimated cost of public facilities, as identified. and shown in aU,ached Exhibit" A" should change, Ute City Manager sh.all review the fees to' determine whether such fees are still adequate. If Ule fees should be changed, Ule City Manager shall recommend to the City Council a revised fee schedule be adopted by resolution. 3. Amount of Fees: a. The amount of the public facility impact fees shall be as set forth in attached Exhibit "B. " b. The Standard Industrial Classification Manual (SIC) shall be used to interpret land use categories, when it is unclear. _.-- --------- .__.__.._...._------_._~.._-"- -----..--- t Resolution No. 3021 Setting Forth Transportation Facilities Development Impact Fees ~age 2 - 4. Time of Payment: a. Public facility impact fees for any development project shall be due and payable prior to final inspection and/or issuance of certificate of occupancy, and shall be colIected by the Building Official. Notwithstanding, under Government Code Section 66007 (b), the City is authorized to collect the fees at the time of building permit issuance if the fees are for public facilities and improvements for which accounts have been established and funds appropriated, and for which the City has adopted a proposed construction schedule; or the fees are to reimburse the City for expenditures previously made. ., S. ExemDtiol1s: - Exemptions to the fees adopled herein may be granted by the 'City Council pursuant to Ordinance ~f the City of Arroyo Grande. 6. SeDnrate Accounts: The Finance Director shall deposit fees collected under this resolution in separate public facility impact fee accounts as required by California Government Code Section 66006. WiU1in sixty days of the close of each fiscal year, the Finance Director shaH make available to the public an accounting of each fund, and the City Council shall review that information at its next regular public meeting; notice of the mOeeting shall be given as provided in Government Code Section 66006(b )(2). 7. Internretntion: .~ Interpretation of this Resolution shall be submitted to the Planning Department in writing and an interpretation shall be made by the Planning Commission, pursuant to Ordinance No. 46...lCS. NO W, TIIEREFO RE, BE IT RESOLVED by .the Council of the City of Arroyo Grande at its meeting held on the 22nd day of March , 1994, on 0 a motion of Council Member Burke , seconded by Council MaT1ber Brandy , and on the following toll call vote: AYES: Council Members Burke, Brandy and Mayor Gallagher NOES: None , ABSENT: Council Member Souza . A ITEST: '1''ktC'4- a . Qu~ NANCY A.tJJA VIS, CITY CLERK APPROVED AS TO FORl\tI: .. ____.._...___.._.n._~._'__________.____,_ . . Resolution No. 3021 I, 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 Resolution No. , is a true, full and correct copy. of said Resolution passed and adopted at a regular meeting of said Council on the 22nd day of March, 1994. WITNESS my hand and the Seal of the City of Arroyo Grande affixed tllis 31stday of Marth, 1994. '-"r1 a Qcu~ i1;',/!t(...<!.("j.. . CITY CLERK U ." .. . ~~ . . . __. "'__"U~""_____~_'_'___'_""'U . . EXHIBIT II A" .. Table 1 Transportation System Improvement Plan estimated Other Arroyo Granda Arroyo Grenda Improvement Oe.cripdon Cost Agencies Parcentaoe Cost Priority Involved? Widen Brieco Road unde.rcronino $2.000,000 No 100% $2.000.000 1 EI C4mino R.el . Brisco to $510,000 No 100% $510.000 1 Helcyon: widen to four lanes West Branch Street - 4 lene from ",690.000 No 100% S I,S90,OOO 1 Oak Park to Brisco -.. . West Brench Stra.t - 5 lane from $740,000 No 100'!' S7 40.000 5 Srisco to Grand Ave. Oek Park Roed - Widen to 4 $7130,000 Grovar Beech 50% '380.000 5 lanes Grend Ave. to 101 Hue.ne Roed/227 . Slonellze $120.000 County. 33% '39,600 5 -- intersecdon Caltrens Br.nch St./Trefflc Wey - '736,000 No 100% $736.000 I I r",conlJoura Inter.ecdon including releted Improvements Treffic WeylF.ir Oaks - sionellze "20.000 No tOO% " 20,000 5 Intersection Including releted improvements Halcyon Rd./Gr.nd Ave. - NB laft t 225.000 No 100% , 225.000 5 iurn. WS I.'t turn Elm St.! Ferroll Ave. - ,ion.llze , t 20,000 No 100% S 1 20.000 5 ;nter,ectlon I I Valley Roed - reellon curve at $33.000 No 100% '33.000 3 ,chool Felr Oek, - Wld.n to 5 lanes '499,000 No 100% $499.000 5 from Traffic Way to creek Huesne Roed . Widen to 4 lenes $693,000 No 100% '693,000 5 I from Clerenee to Verd Loomis ; Srench MlIIlCherry Avenue - $268,000 No 100% , 268.000 1 upgrede exiatlng. roedwey Elm St. - Acquire ROW fer $50,000 No 100% '50,000 5 widaning , Halcyon Rd. - Acquira ROW for '200,000 No 100% $100.000 5 widaninO .. TOTAL S8.764,OOO sa,303,600 Sourcas: Comprehensive South County rrsffic Mode' snd Study, Fina' Rtlport. November 1992. . City of Arroyo Grande Circulation El.m.nt of the Genersl pten. City of Arroyo Grande Public Works Department. California State Depertment of Tr.nsportation ICaltrens). !'riority 1-5 1 - Highest 3 . Modene 5 . Lowest -- - -- ---'~-'----- ---.',-....-------- ,. . ~ . Resolution No. 3021 EXHIBIT "B" \. CITY OF ARROYO GRANDE TRANSPORTATION FACILITY IJ.\tIPACT FEES Average Traffic Land Use Daily Impact Fee Trips Sinqle Familv Detached 10 5 538.22 Single Family Attached (Condos & 7 5 376.75 Duplexes) - Multi-Familv Units 6.1 5 328.31 Mobile Homes/Trailers 4.8 5 258.34 Commercial Retail (per 1,000 40.7 52,190.55 Ba. ft. ) commercial Service (per 1,000 50 52,691.09 sa. ft. ) " Industrial (per 1,000 sa. ft.) 5.5 5 296.02 Office (per 1,000 sa. ft.) 20 51,076.44 Miscellaneous uses - Use IT! --- 5 53.82 . Manual, for specific use. cer ADT ( .- . " ..- -----.------.---. -~ o ~ 80 8 0000 0 0 ~ ~~ ~ N N ~ 8~0 ~ ~ ~ ~ ~ ,~^ C\ ~ ~ 10 ..c: C\o~ ~ ~ ~ C\o::J ~ ~ 5 <:~ . ~ v J;f;. J;f;. ;; -; ~ o ~ ~o 8 0000 0 0 ~ 'ij ~~ ~ 0 0 ~ ~ C\~<: , , , , -E C\~~ ~ N N ~ ,.......o-J ~ ..... ~ C\ ~ ~:;~ ~ ~ ~ ~ ] C\~~ ~ ~ ~ ~ ~ J;f;. J;f;. ~ < ~ ~ ~~ ~ 80 8 0000 0 0 ~ ~ ~ ~o~ ~ ~ ~ ~ ~ ~ ,Z0 ~ ~ ~ ~ _ ~ ~~o ~ N ~ o 0\:;5 ~ Z <: ] ~ J;f;. fA = ~ ~ I .. 5 f-4 ~ ~o ~ 0000 0 ~ ~ ~ u ~ ~ g? g? ~ ~ ..... ~ ~ <: '-" , , , , ? ....... C\....... N N ~ ~ '" ~ 'bo-J ~ ~ 0 ~ .= ~ r-... ~ ~ u ~ C\ V - <: SS r-... ~ ~ r-... ~ ~ J;f;. J;f;. ~ - ~ ~ - ..c: ~ ~ ~ g ~o ~ ooo~ ~ 0 ~ ~ :'1.0 U ~ C\ 10 10 0:: 0:: ~ QJ. ~ <:~ ....... ~ ~ ~ ~ ~ '-" v~ Z c.., ::J N N N ;~ o ~~ b -;~ -..... <: ~~ f-4 ~ ~J;f;. ~ ~ ~~ ~ ~ J;f;. J;f;. &~ ~ ..... ~ ~ U . QJ o <: [S ~ ~ ~ ~ ~ en Z ~ v Z 0 ]~ ~ ..... ~ II) ~ ~~ <: :;:; ~ f-4 ~ .... _ ~ s~ o '1jN c.. QJ QJ'-" CJ) v c::::~ Z ~ ~ ~ ~ 1-0 = <: QJ ~ QJ ~~ ~ 8 v lJ ~ v "'i: >. ~ ~ .::c: U) ~ QJ~ ~ rei II) QJ"C rei ,..,~ ~..... ~ QJ 1-0 ~ ..... co;;;;! ~ ~ ~ rei U) QJ U) = = rei 1-0 V N~ ~ ~ QJ ~r:~~.-;:: ~ ~ c.,Lf N....... ~ "C = QJ ~ = ~ "C ~ r:: ~ ~ .. "C 9-":9 0 ~ .B ~ .B ~ ..... - ..... QJ 11)......... QJ = 0 & [S~ > ~;;UJo~ c., lJ ~ ~:::: ~ V5E~ & E~=-;~ ~ Si be "E~ . . ,3 ~ ~ jg "'; .:oj.C ~ ~ jg -; S .5 ~ 0 o ~ ~>~ ~ ~~~c.,~ ~ ~ ~ ~c., Z '5b ~ & ~ ~ ~ ~ a u ~ ~ ~ J3 -g ~ ::J QJ QJ )( ..':;:: <:'"' ~ ~ ~ ~ .........~ - ---_._-- "."~.- ATTACHMENT 3 c. Require that setbacks from streets and adjacent properties relate to the scale of the structure and the importance of the street. ~ d. Require that new developments be designed so as to respect the views of existing developments; provide view corridors which are oriented toward existing or proposed community amenities, such as a park, open space, or natural features. e. Design development projects within the City of Arroyo Grande to provide screening as is necessary to shield neighboring properties from the adverse external effects of that development. Objective 8.0 Limit the intensity of land use and area population to that which can be supported by the area's resource base, as well as circulation and infrastructure systems. Policy Statements and Implementation Actions: 8.1 Limit the number of dwelling units within the City to that which is consistent with the long-term availability of resources needed to support area population and that which public services and facilities can adequately support. Implementation Actions: a. Permit new developments only where and when adequate water services can be provided, and the provision of adequate water service can be ensured by providing systemwide water improvements in advance of needs. b. Ensure that the approval of development proposals will not increase the traffic ana City street or roads in unincorporated areas (such as State Highway 227) above the roadway's existing capacity or Level of Service C at the peak hour. c. Where the construction of master planned water facilities is not practical, permit the construction of interim facilities only to the extent that the financing and construction of ultimate facilities are not jeopardized. d. Prior to the issuance of commercial or industrial building permits, or the recordation of residential tract or parcel maps, ensure the availability of adequate fire flow by requiring the testing of all fire hydrants In the vicinity of the project at the applicant's expense, and, in the absence of adequate flows, require either the installation of on-site fire protection devices or improvements that upgrade the area's water system to accommodate adequate flows. e. As part of the CEQA review process, ensure that adequate sewer service capacity exists or will be available in a timely manner for a proposed development. f. Maintain current information concerning the capability of pUblic services and facilities provided by the City and other agencies within the City. g. Monitor the impact and intensity of land uses on area circulation to ensure that the circulation system is not overburdened. CITY OF ARROYO GRANDE GENERAL PLAN LUE - 27 --- Adop!ec:iMa'i~2. 1990 h. As part of the CEQA review process, the short- and long-term generation of air pollutants will be assessed using Air Pollution Control District criteria to determine the potential impacts of proposed projects. 8.2 Ensure that all extensions of services and utilities to facilitate land use changes are accomplished in a manner consistent with the provisions and intent of the Arroyo Grande General Plan. Implementation Actions: a. Prior to permitting a major extension of services or utilities to facilitate changes in land use, conduct a thorough review of all social, economic, and environmental factors associated with that extension; require the implementation of appropriate mitigation measures or prohibit the extension. b. Ensure that existing residents and businesses are not burdened with the cost of financing infrastructure aimed at supporting new development. c. Unless otherwise approved by the City, ensure that public water, sewer,