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Agenda Packet 2008-02-26City Council Tony Ferrara, Mayor/Chair Chuck Fellows, Mayor ProTemNice Chair Joe Costello, Council/Board Member Jim Guthrie, Council/Board Member Ed Arnold, Council/Board Member Agenda Steven Adams, City Manager/Executive Director Timothy J. Carmel , City Attorney/General Counsel Kelly Wetmore, City Clerk/Agency Secretary AGENDA SUMMARY CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TUESDAY, FEBRUARY 26,2008 7:00 P.M. 1. CALL TO ORDER: 2. ROLL CALL 3. FLAG SALUTE: 4. INVOCATION: Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 7:00 P.M. COUNCIL/RDA AMERICAN LEGION POST NO. 136 PASTOR ROBERT UNDERWOOD FIRST UNITED METHODIST CHURCH 5. SPECIAL PRESENTATIONS: 5.a. Honorary Proclamation Recoanizina February 26. 2008 as "SDav Dav USA" 5.b. Honorary Proclamation Recognizing February 2008 as "MDA Firefighter Appreciation Month" 5.c. Honorary Proclamation Recognizing Ella Honeycutt for Her Years of Service to the Coastal San Luis Resource Conservation District 6. 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY— FEBRUARY 26, 2008 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period February 1, 2008 through February 15, 2008. 8.b. Consideration of Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of January 31, 2008. 8.c. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting and the Regular City Council Meeting of January 22, 2008, as submitted. 8.d. Consideration of ADDointment of Citv Council Brisco Road/Halcvon Road -Route 101 Interchange Project Subcommittee (ADAMS) Recommended Action: 1) Approve formation of a City Council subcommittee to coordinate with staff and report back to City Council regarding efforts related to the Brisco Road/Halcyon Road —Route 101 Interchange Improvement Project; and 2) Appoint Mayor Ferrara and Council Member Arnold to the subcommittee. AGENDA SUMMARY— FEBRUARY 26, 2008 PAGE 3 8. CONSENT AGENDA (cont'd): 8.e. Consideration of a Settlement Aareement with Insurance Comaanv of the West in the amount of $37,403.00 for Construction Defects to Well No. 10, Phase I Project, PW 2004-07 (SPAGNOLO) Recommended Action: Authorize the Mayor to sign an agreement with Insurance Company of the West in the amount of $37,403.00 for construction defects to the Well No. 10, Phase I Project, PW 2004-07. 8.f. Consideration of a Consultant Services Agreement with Boyle Engineering Corporation for the Design of the Fair Oaks Avenue Sewer Upgrade Promect, PW 2007-07 (SPAGNOLO) Recommended Action: 1) Approve an Agreement with the Boyle Engineering Corporation in the amount of $37,746 for the Fair Oaks Avenue Sewer Upgrade Project, PW 2007-07; and 2) Authorize the Mayor to execute the Agreement. 8.g. Consideration of a Program of Promects for the City of Arroyo Grande's FY 2007- 08 Share of Proposition 1 B Funds (SPAGNOLO) Recommended Action: 1) Approve a program of projects for the City of Arroyo Grande's FY 2007-08 share of Proposition 1 B funds; and 2) Direct staff to forward the spreadsheets presenting the City's program of projects to the California Department of Finance. 8.h. Consideration of a Resolution Establishing a Job Description and Salary Range for the Part Time Office Assistant II Position (STRONG) Recommended Action: Adopt a Resolution establishing a job description and salary range for the part time Office Assistant 11 position. 8.i. Consideration of a Resolution ADDrovina ADDlication for Land and Water Conservation Grant Funds for the Meadow Creek Path Connection Project (PERRIN) Recommended Action: Adopt Resolution approving filing of an application for Land and Water Conservation Grant Funds for the Meadow Creek Path Connection Project. 8.j. Consideration of Agreement for Consultant Services for Preparation of an Affordable Housing In -Lieu Fee Nexus Study; Applicant: City of Arroyo Grande; Location: Citywide (STRONG) Recommended Action: Approve an Agreement with Tierra West Advisors for preparation of an Affordable Housing In -Lieu Fee Nexus Study in an amount not to exceed $22,500. 8.k. Consideration to ADDrove Construction Plans and Specifications for the James Way Rehabilitation Project, PW 2007-06 (SPAGNOLO) Recommended Action: 1) Approve the construction plans and specifications for the James Way Rehabilitation Project, PW 2007-06; 2) Find that the James Way Rehabilitation Project is categorically exempt from CEQA pursuant to Section 15301(c); and 3) Direct the City Clerk to file a Notice of Exemption. AGENDA SUMMARY— FEBRUARY 26, 2008 PAGE 4 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: 10.a. Consideration of City Policy and Regulations Regarding Placement of Basketball Hoops in the Public Right of Wav (ADAMS) Recommended Action: Direct staff to continue with the existing practice regarding regulation and enforcement of basketball hoops in the public right of way. 11. NEW BUSINESS: 11.a. Consideration of Fiscal Year 2007-08 Mid -Year Budget Report (KRAETSCH) [COUNCIL/RDA] Recommended Action: 1) Approve detailed budget adjustments listed in the Mid - Year budget report; 2) Approve Schedules A and B; and 3) Approve (Deny) requests for additional appropriations in the General Fund. 11.b. Consideration of Modification to California Public EmDlovees' Retirement System (PERS) Contract for the Local Miscellaneous Members and Local Police Members (KRAETSCH) Recommended Action: 1) Approve and authorize the Mayor to sign on behalf of the City a Resolution of Intention to amend the contract with the California Public Employees' Retirement System for Local Miscellaneous Members and Local Police Members; and 2) Introduce an Ordinance amending the contract with the California Public Employees' Retirement System for Local Miscellaneous Members and Local Police Members. 11.c. Consideration of Joint Fire Services Aareement with the Citv of Grover Beach and Oceano Community Services District (ADAMS) Recommended Action: Approve the proposed Agreement for Joint Fire Management, Administrative, and Training Services and Equipment Sharing between the City of Arroyo Grande, City of Grover Beach and Oceano Community Services District. 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 TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Other AGENDA SUMMARY— FEBRUARY 26, 2008 PAGE 5 12. CITY COUNCIL REPORTS (cont'd): (b) MAYOR PRO TEM CHUCK FELLOWS: (1) South County Youth Coalition (2) County Water Resources Advisory Committee (WRAC) (3) Other (c) COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Fire Consolidation Oversight Committee (5) Other (d) COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT) (2) California Joint Powers Insurance Authority (CJPIA) (3) Other (e) COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a. Request to reconsider tree species proposed in the E. Branch Streetscape Project and to solicit additional Village business owner input and participation. 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a. None. 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. AGENDA SUMMARY— FEBRUARY 26, 2008 PAGE 6 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk's office, 214 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability -related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************* This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arroN(ograndg.org ************************** City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo-spgg.org. CITY OF Honorary Proclamation Recognizing February 26, 2008 as "Spay Day USA" WHEREAS, dogs and cats provide companionship to and share homes of over 71,000,000 individuals In the United Mates; and WHEREAS, humane societies and shelters have to euthanize approxlmately four million dogs and cats each year, although many of them are healthy and adoptable, due to a lack of critical resources such as money, space, and good adoptive homes; and WHEREAS, the problem of pet overpopulation costs the taxpayers of this country millions of dollars annually through animal control programs aimed at coping with the millions of homeless dogs and cats; and WHEREAS, spaying and neutering dogs and cats has been shown to drastically reduce dog and cat overpopulation; and WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and private citizens worked together to ensure the spaying or neutering of more than 20,000 companion animals through "Spay Day USA" in 007; and WHEREAS, veterinarians, humane societies, national and local animal protection organizations, and private citizens have joined together again to advocate the spaying and neutering of companion animals on "Spahr Day USA ooS". NOW, THEREFORE, BE IT RESOLVED, that 1, Tony Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby procialnt February 26, 2008 as "Spay Day IDSA"; and encourage people of Arroyo Grande to observe the day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another person's dog or cat. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 26th day of February 2008. Tony Ferrara, Mayor vho I"CORPORATEO r JULY 10. 1911 # t IF004 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.a. Page 2 � CITY lop Honorary Pmelamatlou 111�xing February 2008 as NMDA Fire Fighter Appreciation Month" WHEREAS, EAS, Fire Fighters have been working with the Muscular Dystrophy Association in their fight against neuromuscular disease for over 54 years; and WHEREAS, in 2007# J.S. Fire Fighters raised more than $28 million throughout the country in support of the Muscular Dystrophy Association's many causes; and WHEREAS, EAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, our local Fire Fighters contribute greatly to the well-being of all citizens; and WHEREAS, in honor of the effort of our local Fire Fighters, the Muscular Dystrophy Association is sponsoring February 2008 as "Fire Fighter Appreciation Month." NOW, THEREFORE, BE IT RESOLVED, that 1, Tory Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim February 2008 as "MDA Fire Fighter Appreciation Month. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Sear of the City of Arroyo Grande to be affixed this 26day of February 2008. TONY F E IAA, MAYOR OAAO�o Ir J" MCOMPOPIAT90o \JULY 10. loll * Agenda Item 5.b. Page 1 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.b. Page 2 CITY OF 3�anorary ProcCamation Recognizing Effia Honeycutt for Her Many years of Neraerfous Service to the CoastafSan Luis Resource Conservathm district WHEREAS, Ella Honeycutt was first appointed to the Board of Directors of the Coastal San Luis Resource Conservation District In 1978 and served continuously since that time until her retirement from the Board of Directors in December 2007; and WHEREAS, Ella Honeycutt's commitment and tenacity to the issues of land and resource conservation and community involvement and close working relationship with f rnner Arroyo Grande City Council Member and former District President D. G. Porter, led to the preservation and restoration of the well-known "Swinging Bridge'' over Arroyo Grande Creek; and WHEREAS, , Ella's persistence and sense of the right led to the implementation of a major project for the restoration of Pismo Lake after disastrous silting of the lake from extensive soil disturbance in the lake's upper watershed; and WHEREAS, , Ella' strong commitment to preservation of agricultural land has led t stronger protection for agricultural lands in San Luis Obispo County, but especially in the Arroyo Grande and Cienaga Valleys near the City of Arroyo Grande; and WHEREAS, , Ella' insightful analysis and discussion of the issues of water management in the Chorro Valley led to stronger protection of water resources for agriculture in that area; and WHEREAS, S, Ella' persistence and dedication to early efforts of flood protection on the Arroyo Grande Creek led to the revitalization of the Flood Control and Water Conservation Zone 1l1A following a flood in March 2003; and WHEREAS, EAS, Ella continues to serve as an Associate Director and unofficial Historian of the Coastal San Luis Resource Conservation District. NOW, # THE EF F E, BE IT RESOLVED, that 1, Tony Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby express our deep appreciation to Elia Honeycutt for her many years of service to the Coastal San Luis Resource C nservation District and the City of Arroyo Grande. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal 0, o Yo of the City of Arroyo Grande to be affixed this 26th day of February 2008. INCOfIPORATED JULY 10, 1911 � TONY FE , AF JFV THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.c. Page 2 0> INCORPORATED IKN,JULY 10, 1911 MEMORANDUM TO: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR of FINANCIAL SERVICESk BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR SUBJECT: CONSIDERATION ATION of CASH ISBURSEMENTATIFI TION ATE: FEBRUARY Y 2 , 2008 RECOMMENDATION: It is recommended the city council ratify the attached listing of cash disbursements for the period February 1 through February 15, 20. FINANCIAL IMPACT: There is a $1,428,768.80 fiscal impact that includes the following items: 0 Accounts Payable Checks 134902-135142 $ 518,724.86 0 Payroll Checks & Benefit Checks $ 915,043.94 BACKGROUND: Cash disbursements are made meekly based on the submission of all required documents supporting the invoices submitted for payment. Prier to payment, Finance Department staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. ANALYSIS of ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY2007-2008 budget. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staffs recommendation; • Do not approve staffs recommendation; n; • Provide direction to staff. Agenda Item 8.a. Page 1 cinr couNciL CONSIDERATION OF CASH DISBURSEMENT RATIFICATION FEBRUARY 26, 208 PAGE 2 ADVANTAGES: • The Finance Department monitors payment of invoices for accountability, accuracy and completeness using standards approved by the Council. • Invoices are paid in a timely manner to establish goodwill with merchants. • Discounts are taken where applicable. DISADVANTAGES: No disadvantages have been identified as long as City Council confirms all expenditures are appropriate. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The Agenda and report were posted on the City's website on Friday, February 22, 2008. No public comments were received. Attachments: 1. February 1 — February 15, 2008, Accounts Payable Check Register 2. February 1, 200 8, Payroll Checks & Benefit Checks Register 3. 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Page 6 q* co CL �J 0 IMa 9L 2 cm co CD ■s CL w CSD � N 0 0 0 0 LO ` Cil CD +' V) CID N C4 9 V f-- M C4 C 0 0 w M 0 L 0 CD 0 M oD LC) v- N v Lid C') CN V-- CSI T- C) CD N CO L L C4 0 LCA 4 � I� LCA C> GD qr� 0 9r-1 V f-- M C4 C C Q L{} Ce 0 0 CD 0 M oD LC) v- LCA C OFU C') CO � 0 M OD C C) CD N CO L L C4 0 LCA 4 � I� LCA C> GD M 0 L[ 0 L d. cr5 CSI CD u-)* CD 1-� C, c� Ci 6 c6 ci v- ui c6 ui f� 6L6 Y"^ vi vi c5 oD C 1� cei 0 Ce) LO GD OD CO C M 00 r V CO) ir- � CN r C14 9t LO � qq coco P-1- oo_ CN C4 C N CD r Cil C4 0 cq� N Ul co N Cil (D V) to C) o a 0 I CD Lid 0) M N 00 0) C) I co C) C r%- %C C4 0) M It 0 co cn L Irl, C4 1� N. 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Page 7 W) CL to a) cc CL 2 1 CD TM �!D C4 CL N 0 I� 0 0 I� 0 0 a 0 1i) 0 0 CO f� 0 � 0 0 Lid J 0 0 c4/ c I I� � 00 Uffi) w 04 CD r- 04 04 r t F V 0 0 qr- qr- � M LCA N OD C3 C Cf) 0 0 0 0 CD I� V- I� 0 CD 0 0 0 CD Cr3 CD C 0 Ce} qq 41 0 CEJ 1� v 0 0 0 0 0 0 `COO) I� CD ir- 0 00 C cL [ Cil L6 CD CD 4 Cil c� c6 4 0 L6 0 Cil coi c6 CSD C+O LO C � C 00 CO CID 04 0 CD 0 I�CO) � I*- C C"0 C GD 0 co C4 C c Cq C r 0 CD OD OD OD GO 04 Cap CSD CD OO OD OD 00 OD GD OD 00 00 00 CO 00 OD OD CO CO 00 CO OD CD CD OD 0 0 0 0 0 0 0 0 0 0 0 00 0 0 000 0 0 o 0 00 0 0 CD M 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 �CM N 04 SC'44 Q CN Q 04 Q 04 Q N QQ N C C c c l CEJ ca 04 Celc c C C C l c c C C I C CEJ I C 1 c11) _TO- T— T— T— T— TTTTT,MoD �� � �qr" �� �T— qr- T— c V- V— qr- � �� o0000 00C)0 0 00 0 0000 000 0 0 0 0 Coo 0 00 LO Co CO C C L( C V --C Mr- 0 CO 7 N a' 00 0 N� �co 9 Cs1 C"� co c ) C%l COCD r CD # N M 0 0 C *� C 00 OD N .- C*3 V- 0 i#' CO 0 O LC] C � 4 C — zr cq cq � 0 0 0 0 0 C14 C%l C C COCO0� C,7 "' � M C C co N 14-- C CO 0 V-` +JD t�D CSI N N C C Cif N N C C Cil C*) C wc-- to Cil r" C CSI CD 0 N N Cil CSI N C%J C CN CN 1� Cil N N 0 CL OL a CL M Cl) C14 C> x 0 C N C D �4 X13 Agenda Item 8.a. Page 8 J w z .I 'M CL z CL 06 LU 0 CL CL > F -W Z>L) 0 w "'� G� U) ,. LU U) W LLI LU LTJ W M 0 w D 2 Lid 0 0 uj ,.Q 0 < 0 0 w LL LL C+ N O CD rr 0 0 C# qr- qqr C! co qqr Cr) C 0 0 1 cIr I� 0 CD T- 00 r- e- N LCA O CD T- CD CIQ C CD r- C 0 C) C) CD C 0 0 0 0 0 C C 0 0 CD 0 0 0 0 0 0 co 00 Cao 00 OD Cao 0 co 00 GD GD 0 0 0 0 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 C 1 N C14 N C C%J C C Q Q CSD GO CD OD 0 OD ;D OC GD 00 0 0 0 0 0 0 0 CD 0 0 CD N N Civ Cq eq N Cq 0 CD 0 0 0 0 CD C CD 0 Mt 0 QD M CD r C [I? C3 C:� 0 0 0 0 r- �- qr- CD 0 0 C 0 0�y C� +0� LO LO {0� `CSD LD LID y�# co ML T- V- i' r- r' qr- T"^ Ir"" qr- i Agenda Item 8.a. Page 8 .0 CL it O cm C c 0 0) " D � 0 0 0 0 CV 0 0 Nr 0 0 0 C* � CV 0 CD 0 N' 0 0 tAl CD 0 M M CSC C CL (D C r oD CD 6 .. 06 L C CD CEJ *� (n V) Ul M Nt M CD N M 0 (f) Nt 0 C r t r r U) ) U) N C t 0 0 WC W t N F- W V (3) CV 0 o +r C N o C o V 0) to a Lo Ul Cl N N CD CD CD 0 0 0 O 0 0 0 0 1� 1*- OCD CD CN [ [ CSD u D CD CD* C ' 1� I� 1': NCV + r C C � CD C C3) 0 N M C I� 0 19t 0 N CD n 0 CD C Nr Irl, r CD CV r r r D N co C* CO 00 co CSD CSD co co co co co co GSD GSD co M M M 00 00 co co o0 co co N N N Cil CV N C 1 N C C C C CIft. Cil N N CV N CV CV CN Cil N CV N Chi ft NW CSD CD r r I�10r 1*- CD 0 #� I� CSI 1� C1 CV r r C N C' r C r C CD [ C ClCD O SR � � I — � � "r r CV r N N N N CV r � N r r r r Cil r r r r r T-- 0 0 0 0 C 0 0 0 0 C) 0 0 0 0 0 CD C) 0 C) C> 0 0 CD N- � r CD 0 coco 0 —> CV co C 0 CO OD OD 00 N CSD CQ COD OD 00 0 1� � t- tD CSD 11, C U) 0 CD 1%- CD CD o 0 C 0 0 al 0 fi� C" CD 0 0 Rl, COM C' 0 1-- 00 0 CD 11' 41 � r Nt r CD U) N CD *� N CD � CV C cq 0 C N CD CD C 1C> 0 14-- 1%- CD 0 CD 0 C> CV r C) C) V) C 0 OD 1%- co I� Imo. OD I� 16-- 0) �C C'fCil 1� 1� CD CSD CV CN N e- � CV CD CD It- CV M M M 01 co con C#) tO 00 CD � r 0 C 0 0 0 CD N 0 C W 0 0 ,— T -T- r r N- V- It - Agenda Item 8.a. Page 9 70 CD CL w U z.."' CL < z .. LU LL cc z U) LU ] w CL C t —i U) ) U) z w LL wCL 0 0 WC W F- W CD 0 C M N N LO N C 0 0 to C coIJPL W C w w z — L W CL CD 3: w C C CD <Z � CSV 0 0 OD 00 00 CSD � Z CI ci CD 0 0 C C U.)CDV- 1-,qr- w .. C U) T -LO w aC C!) C 0 3: U') LY. 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Page 19 ■ FUND 010 417,819.00 FUND 220 13,353.32 FUND 284 782.11 FUND 285 782.11 FIND 512 8,803.08 FUND 840 24.807.08 404$J40. to ATTACHMENT 2 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 1111/08 -1/24108 02101 108 5101 Salaries Full time 2213755.80 5102 Salaries Part -Tire - PPT 20,918,92 5103 Salaries Part -Time - TPT 9,540.04 5105 Salaries OverTime 89305.14 5107 Salaries Standby 401.31 5108 Holiday Pay 249540.18 5100 Sick Pay 49311.39 5110 Annual Leave Buyback 5111 Vacation Buyback - 5112 Sick Leave Buyback - 5113 Vacation Pay 3,581.03 5114 Comp Pay 29801.79 5115 Annual Leave Pay 33771.82 5121 PERS Retirement 792509.59 5122 Social Security 211722.05 5123 PARS Retirement 351.21 5125 Mate Disability Ins. 894.27 5127 Deferred Compensation 807.05 5131 Health Insurance 519554.02 5132 Dental Insurance 59189.94 5133 Vision Insurance 13183.11 5134 Life Insurance 007.80 5138 Long Terra Disability - 5148 Uniform Allowance 599.29 5144 Car Allowance 1,187.50 5145 council Expense 5147 Employee Assistance - 5148 Boot Allowance 5149 Motor Pay 75.00 5150 Bi Lingual Pay 200.00 5151 Cell Phone Allowance 427.50 464)346.76 Agenda Item 8.a. Page 20 ATTACHMENT T CITY of ARROYO GRANDE DEPARTMENTAL TAL LABOR DISTRIBUTION PAY PERIOD 1/25/08 -2/7/08 02/15108 FLUID 919 4029771.03 5101 Salaries Full time 235,104.14 FUND 220 143857.79 5102 Salaries Part -Tune - PPT 19,900.47 FUND 284 792.19 5103 Salaries Part -Tirane - TPT 81748.35 FUND 285 792.12 5105 Salaries OverTime 129988.85 FUND 812 81809.57 5107 Salaries Standby 357.06 FUND 840 24,883-57 5108 Holiday Pay 12451.28 4593897.18 5109 Sick Pay 73248.43 5110 Annual Leave Buyback 5111 Vacation Buyback 379.48 5112 Sick Leave Buyback - 113 Vacation Pay 33624.37 5114 Comp Pay 4,063.88 5115 Annual Leave Pay 21404.81 5121 PERS Retirement 78:489.72 5122 Social Security 21 #259.59 5123 PARS Retirement 358.88 5128 State Disability Ins. 892.91 5127 Deterred Compensation 807.96 5131 Health Insurance 459882.79 5132 Dental Insurance 41738.85 5133 Vision Insurance 19988.96 5134 Life Insurance 819.80 5135 Long Terra Disability 19080.99 5143 Uniform Allowance - 5144 Car Allowance 812.50 5146 Council Expense 5147 Employee Assistance 254.41 5148 Boot Allowance - 5149 Motor Pay 75.00 5150 Bi -Lingual Pavy 299.90 5151 Cell Phone Allowance 427.50 450, 097.18 Agenda Item 8.a. Page 21 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.a. Page 22 RPORATED t3 JUL`l 10. 1911 MEMORANDUM To: CITY COUNCIL FROM: ANGELA K AETSCH, DIRECTOR of FINANCIAL SERVICES BY: FRANCES R. HEAD, ACCOUNTING SUSPERVISO SUBJECT: CONSIDERATION of STATEMENT of INVESTMENT DEPOSITS DATE: FEBRUARY 26, 2008 RECOMMENDATION: It is recommended the City Council receive and file the attached report listing the current investment deposits of the City of Arroyo Grande, as of January 31, 2008, as required by Government Code section 53646(b). FINANCIAL IMPACT: There is no funding impact to the City related to this report. However, the City does receive interest revenue based on the interest rete of the investments. BACKGROUND: This report represents the City's investments as of January 31, 2008. It includes all investments managed by the city, the investment institution, investment type, book value, maturity date, and rate of interest. As of January 31, 2008, the investment portfolio was in compliance with all State laws and the City's investment policy. ANALYSIS of ISSUES: Government Code Section 53646 requires the Director of Financial Services to submit to the City Council a monthly report, providing the following information: I . Type of investment. 2. Financial institution (bank, savings and loan, broker, etc). 3. Date of maturity. . Principal amount. . Date of interest. . Current market value for all securities having a maturity of more than 12 months. '. Relationship of the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION of INVESTMENT DEPOSITS FEBRUARY 2, 2008 PACE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Recommended mended Alterna ive - Approve staffs recommendation to receive and file the attached report listing the current investment deposits. - Ido not approve staff's recommendation - Provide direction to staff ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. D I SAD1AN TAC E s : Some level of risk is present in any investment transaction. Losses could be incurred dine to market price changes,, technical cash flow complications such as the creed to withdraw a non- negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday} January 17, 2008. The Agenda and report were posted on the City's website on Friday, January 18, 2008. No public comments were received Attachments: 1. Portfolio Summary Agenda Item 8.b. Page 2 w a 0 E c! 0 CO U. 0 v 0 1! 0 CL �CL CL c Lo 2 Sa a 0 0 0 0 0 0 0 0Noos co CpLO Lf) LO� c000000 r NO No N IT cm F C co fi ea aD aD oD �o GD oD oD 0000000 c000000 CD r C0 C CL � =.Q,OE E E ID 0 CD to(n OWWQDM 00 M M M I� M c CV N V- VW f�� r% - CD 000000 0000000 N CD 0 0 CL7s 0 CDD U- p e l e e e e e w000LOM 0M 0000000 0000000 0000000 006600 0 0 0 0 0 0 0 0000000 0 Cri Cb Cr) Cb M Cb 0 0 0 0 I Ir- 6e 6e 0 C3 co I� C a E Agenda Item 8.b. Page 3 LL E OE E T E0 o O t CD � G c .2 0 o }� 0 LL 0 0 0 0 I Ir- 6e 6e 0 C3 co I� C a E Agenda Item 8.b. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 22, 2008 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL CALL: Mayor Ferrara called the meeting to order at 6:15 p.m. Council Member Jim Guthrie, Council Member Joe Costello, Council Member Ed Arnold, Mayor Pro Tem Chuck Fellows, City Manager Steven Adams, and City Attorney Timothy Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Unrepresented Employees: Agency Negotiator: Unrepresented Employees: 4. RECONVENE TO OPEN SESSION: Steven Adams, City Manager Police Commanders Steven Adams, City Manager Management Employees Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 7:02 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Agenda Item 8.c. Page 1 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 22, 2008 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:14 p.m. 2. ROLL CALL City Council: Council Members Ed Arnold, Jim Guthrie, Joe Costello, Mayor Pro Tem Chuck Fellows and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works Don Spagnolo, Director of Community Development Rob Strong, Director of Building and Fire Mike Hubert, Director of Parks, Recreation and Facilities Doug Perrin, and Assistant Planner Jim Bergman. 3. FLAG SALUTE Chet Cash, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute. 4. INVOCATION Dr. Mayer-Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring February 2008 as Grand Jury Awareness Month. Mayor Ferrara presented an Honorary Proclamation declaring February 2008 as Grand Jury Awareness Month. Robert Mire accepted the Proclamation on behalf of the San Luis Obispo County Grand Jury. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Council Member Arnold seconded, and the motion passed unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Susan Flores, E. Branch Street, spoke about the Lucia Mar School District facility on Stanley Avenue near Paulding Middle School and expressed concern about the lack of landscaping; the junkyard appearance of the site; and the lack of erosion control and road improvements. She stated that the District needs to be held accountable for the required improvements. She expressed further concern that there was no access to the park; the buildings are substandard and in poor condition; waste material has been left on the site; and the project should have been located in an industrial zone. Mayor Ferrara requested that City Manager Adams follow up on the matter. Agenda Item 8.c. Page 2 Minutes: City Council Meeting Tuesday, January 22, 2008 8. CONSENT AGENDA Page 2 Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. No public comments were received. Mayor Pro Tem Fellows pulled Item 8.c. Action: Council Member Fellows moved to approve Consent Agenda Items 8.a. through 8.g., with the exception of Item 8.c., with the recommended courses of action. Council Member Guthrie seconded. The motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Arnold, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period January 1, 2008 through January 15, 2008. 8. b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of December 31, 2007. 8.d. Consideration to Adopt a Resolution Accepting Easements and Improvements for Conditional Use Permit Case No. 06-009 and Lot Line Adjustment Case No. 06-003, Applebee's, Located at 1462 E. Grand Avenue. Action: Adopted Resolution No. 4063 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR CONDITIONAL USE PERMIT CASE NO. 06-009 AND LOT LINE ADJUSTMENT CASE NO. 06-003, APPLEBEE'S". 8.e. Consideration of Authorization to Declare the 1984 Van Pelt Fire Engine and the 1996 Hi -Tech Fire Engine as Surplus Property and Approve an Agreement with Fire Trucks Plus, Inc. for Consignment and Sale of the Engines. Action: 1) Adopted Resolution No. 4064 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING THE 1984 VAN PELT FIRE ENGINE AND THE 1996 HI -TECH FIRE ENGINE AS SURPLUS PROPERTY AND AUTHORIZING THEIR SALE" and; 2) Approved Agreements with Fire Trucks Plus, Inc. for consignment and sale of the engines. 8.f. Consideration of Appointments to Architectural Review Committee. Action: Approved: 1) Removal of Jacklin Pontarelli from the Architectural Review Committee (ARC); 2) Appointment of Roger Frederickson to the ARC, and 3) Appointment of Kyle Harris to the ARC. 8.g. Consideration of Funding Request for the Brisco Road/Halcyon Road — Route 101 Improvements to the San Luis Obispo Council of Governments. Action: 1) Approved the funding proposal to the San Luis Obispo Council of Governments (SLOCOG) for State Transportation Improvement Program funding for Brisco Road/Halcyon Road — Route 101 Improvements; and 2) Authorized staff to make adjustments to the proposal as necessary to address Caltrans and SLOCOG concerns as long as they are consistent with prior City Council direction regarding project alternatives and within the proposed funding amounts and/or percentages. Agenda Item 8.c. Page 3 Minutes: City Council Meeting Tuesday, January 22, 2008 Page 3 8.c. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular City Council meeting of November 27, 2007; the Special City Council meeting of December 11, 2007; the Regular City Council/Redevelopment Agency meeting of December 11, 2007; and the Regular City Council/Redevelopment Agency meeting of January 8, 2008, as submitted. Mayor Pro Tem Fellows referred to the supplemental material distributed to the Council prior to the meeting, which reflected modifications to the minutes of the November 27, 2007 Regular City Council Meeting to include his comments concerning the Brisco Road/Halcyon Road — Route 101 Interchange Improvement Project. Mayor Pro Tem Fellows moved to approve the minutes of the Regular City Council Meeting of November 27, 2007, as modified; and to approve the minutes of the Special City Council Meeting of December 11, 2007; the Regular City Council/Redevelopment Agency Meeting of December 11, 2007; and the Regular City Council/Redevelopment Agency Meeting of January 8, 2008, as submitted. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Arnold, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of a Resolution Adopting a Mitigated Negative Declaration, Designating a Portion of Elm Street Park as an Off Leash Area for Use as a Dog Park, Approving an Adopt -A -Park Agreement with the Five Cities Dog Park Association and Authorization for the City Manager to Approve and Make Minor Changes and Modifications and to Execute the Agreement. Parks, Recreation, and Facilities Director Perrin presented the staff report and recommended the Council: 1) Adopt a Resolution adopting a Mitigated Negative Declaration, designating a portion of Elm Street Park as an Off Leash Area for use as a Dog Park, approving an Adopt -A -Park Agreement with the Five Cities Dog Park Association and authorizing the City Manager to approve and make minor changes and modifications and to execute the agreement. Council Member Arnold referred to the letter received at the beginning of the meeting (on file in the Administrative Services Department) from the Law Offices of William Walter, representing the apartment owner, and asked the City Attorney if the Mitigated Negative Declaration was the appropriate environmental document for the project. City Attorney Carmel responded "yes". Mayor Ferrara also referred to the correspondence and noticed the use of the term "regional dog park" and stated he assumed this was more of a community oriented dog park. Director Perrin stated that was correct. Council Member Costello referred to the proposed use and operation of the facility by the Five Cities Dog Park Association and inquired what would happen if they do not perform the tasks satisfactorily. Director Perrin responded that the City could seek other volunteers to perform the tasks; staff could potentially take over some of the tasks; or the City could close the dog park. Agenda Item 8.c. Page 4 Minutes: City Council Meeting Page 4 Tuesday, January 22, 2008 Mayor Ferrara opened the public hearing. The following members of the public addressed the Council: Cynthia Ecklund, President, Five Cities Dog Park Association, stated she was here to discuss and respond to any concerns; however, she did not know what those concerns were yet. Megan James, S. Elm Street, spoke in opposition to the proposed dog park. Mayor Ferrara asked Director Perrin if he had a concept drawing to display that showed the enclosed fenced area for the proposed dog park. Director Perrin referred to the concept drawing in the staff report and explained that the area would be enclosed and dogs would not be running loose in the park. He further explained there would be mutt mitts for pet owners to use for picking up after their animals, and the Dog Park Association had agreed to come to the park on a daily basis to monitor the park and pick up any droppings that are left by animal owners and dispose of them properly. Anthony Throckman, S. Elm Street, spoke in opposition to the proposed dog park. Jennifer Hewitt, S. Elm Street, spoke in opposition to the proposed dog park. Jerry Bunin, Oceano resident, spoke in support of the proposed dog park. Mitch Mundahl, resident and representative of MFG Enterprises, referred to correspondence and other information he printed from the Internet regarding dog parks that he submitted to the Council (on file in the Administrative Services Department), and spoke in opposition to the proposed dog park. Bill Walter, attorney representing MGF Enterprises, referred to correspondence he submitted to the Council (on file in the Administrative Services Department) opposing the proposed adoption of a Mitigated Negative Declaration for the proposed dog park project, and stated there are enough significant environmental impacts to require a full Environmental Impact Report. He requested the Council deny the proposed project. Cynthia Ecklund, President of the Five Cities Dog Park Association, addressed concerns expressed by the public regarding noise, dog behavior, park appearance (landscaping/fencing), dog park rules, trash disposal, parking, safety, water pollution, and special events in the park. She spoke in support of the proposed dog park. Mayor Ferrara requested a show of hands from members of the audience who were in support of the project. Pete Jenny, County Parks Manager, shared the County's experiences in managing its three dog parks and noted they are working on a fourth dog park; explained that all parks were issued a Mitigated Negative Declaration to address potential environmental impacts; and concluded by stating that the County has had positive experiences associated with its dog parks. In response to questions by Council, Ms. Ecklund explained that the project would have a double - gated entry to serve as a safety zone for unleashing the dogs prior to entering the park; the Association would consider establishing a maximum capacity for the number of dogs permitted in the dog park at one time; and that the proposed dog park is comparable in size to the site used previously in Grover Beach; however, it had not been a fenced area. Agenda Item 8.c. Page 5 Minutes: City Council Meeting Page 5 Tuesday, January 22, 2008 Resident of Fair Oaks Garden Apartments (no name given) responded to public comments about noise and odor. Lisa Camponi, Past President of the EI Chorro Regional Dog Park Association, spoke in support of the proposed dog park. Megan James, S. Elm Street, provided additional comments in opposition to the proposed dog park. Mitch Mundahl, S. Elm Street, provided additional comments in opposition to the proposed dog park. Hearing no further public comments, Mayor Ferrara closed the public hearing. Director Perrin clarified that Elm Street Park will continue to be an active City park, which is open to the general public, and that the Dog Park will occupy a very small area. He noted that the Five Cities Dog Park Association is a volunteer organization that has agreed to adopt the dog park portion of Elm Street Park, if approved by the Council, and the organization will develop and maintain the facility. He further discussed proposed landscaping, and the City's ability to close the dog park for special events. Council Member Guthrie asked for clarification on why the other side of the park was not used. Director Perrin explained that the northern end of the park is a more active area of the park with barbeque areas, sport classes, special events, and access to City equipment. He stated there is no active recreational use at the southern end of the park. Council Member Guthrie provided the following comments: — Agreed that although every single environmental impact is not known, they are reasonably known here; — Has some personal experience with dog parks, having been at the dog park over at Oak Park Road and that noise and dog waste were not issues; — Said he does not believe that an Environmental Impact Report is warranted; — Stated the proposed dog park is a reasonable use of the park; — Stated the proposal is not without impact to the neighboring apartments; however, does not believe the impacts are as serious as suggested by the neighbors; — Pointed out that the City has the ability to remove the use based on the Adopt -a -Park Agreement; — Stated the City must balance recreational needs and desires of the community with those of the neighbors; — Expressed concern about parking; however, he noted that a lot of people would walk to the park; — Noted that if the public bus was unable to pull to the curb, that the issue would need to be addressed; — Noted that he looked at the other side of the park and acknowledged it would be difficult to locate the dog park there; — Stated he was prepared to support the project, and suggested a formal review and public hearing one year after the dog park opens. Council Member Costello provided the following comments: — Agreed with most of Council Member Guthrie's comments; — Acknowledged that the Five Cities Dog Park Association is volunteering to do clean up work and Agenda Item 8.c. Page 6 Minutes: City Council Meeting Tuesday, January 22, 2008 Page 6 be a participating partner in the park; however, it is still a City park and complaints would be directed to the City; — Referred to the double gated entry and stated it would be used properly to control unleashed dogs; — Did not think people would double park to drop off their dog; — Stated that if the dog park did not work, he would be willing to reconsider the use at some future time; — Would support reviewing the use in one year and if impacts were underestimated, would reconsider the use. — Believes adequate environmental review on the potential impacts was conducted and supported the Mitigated Negative Declaration; — Supported moving forward with the project. Council Member Arnold provided the following comments: — Stated the Mitigated Negative Declaration was complete and appropriate; did not believe any of the impacts reach the level of significance; — Stated that the park is for public use and the proposed area is not very usable for other park uses and is an ideal location for the dog park; — Stated that the proposed mitigation measures would address concerns; — Stated that most people do not have experience with dog parks; has visited friends who live near the Costa Bella park and was impressed by how it functioned; — Stated he was excited about providing a dog park and suggested looking for more areas for such a use; — Noted that parking was going to be an issue but it would work itself out because people would come at different times; — Suggested painting the curb at the existing bus stop; — Did not agree with concerns expressed about potential water pollution; — Did not think odor would be an issue; — Did not think a review provision after one year was necessary, but would support a status report. Mayor Pro Tem Fellows provided the following comments: — Would not deny a dog park based on the scenarios expressed by the neighbors or approve a dog park based on the dog lovers' promises and said he needed to rely on his own personal experiences with dog parks and information provided by the County Parks Manager; — He explained he had visited an unfenced dog park in Balboa Park and was amazed at the discipline of the dog owners particularly with regard to picking up dog waste; he did not perceive or anticipate a noise or odor issue; — Stated the Mitigated Negative Declaration was well done and is accurate; — Stated that the owners of the licensed dogs in the City were an unserved segment of the community and this portion of the park would serve those people; — Noted that dog parks were great for exercising dogs, their owners get exercise, and it is a good social place; — He referred to the letter from Mr. Walter and stated he was looking for a reference to dog parks as it relates to case law, and noted that the only case referenced was an unfenced dog park; — He supported the dog park. Agenda Item 8.c. Page 7 Minutes: City Council Meeting Page 7 Tuesday, January 22, 2008 Mayor Ferrara provided the following comments: — Said that when he was a dog owner, he wished a dog park was available; — Stated he had visited a dog park in Arizona in a Planned Unit Development which was very attractive, and from an operational standpoint there was a high degree of responsibility and accountability by the individual dog owners in operating and maintaining the park; — Acknowledged concerns of residents due to the unknown factor, especially with no experience with such a facility; — Stated that from this point forward, the lines of communication need to be established with the adjacent apartment residents and management; and if there were questions, they must be addressed right away; — He stated the City has the responsibility to monitor and to mitigate as the need arises; — Suggested that rather than revisiting the item with a public hearing, that staff provide a progress report in one year; — Noted that the City has the ability to close the dog park; — Expressed support about concerns regarding the bus stop and making sure that the buses are not impeded from stopping safely; — Can move forward with approving the dog park. Council Member Guthrie stated the reason he requested the public hearing was in order to provide adequate notice to the adjacent property owners. Brief discussion ensued and it was determined that the progress report could be mailed to the property owners and the apartment residents. Action: Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MI TI GA TED NEGATIVE DECLA RA TION, DESIGNATING A PORTION OF ELM STREET PARK AS AN OFF LEASH PET AREA FOR USE AS A DOG PARK, APPROVAL OF AN ADOPT -A -PARK AGREEMENT WITH THE FIVE CITIES DOG PARK ASSOCIATION AND A UTHORIZA TION FOR THE CITY MANAGER TO APPROVE AND MAKE MINOR CHANGES AND MODIFICATIONS AND TO EXECUTE THE AGREEMENT; and further, to include that a year from the opening of the park that the City would produce a dog park status report and mail a copy to the residents and the owner of the apartment building at 400 S. Elm Street. Mayor Pro Tem Fellows seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Fellows, Costello, Arnold, Ferrara NOES: None ABSENT: None Mayor Ferrara called a recess at 9:00 p.m. The Council reconvened at 9:14 p.m. 9.b. Consideration of a Resolution Granting Consent to the San Luis Obispo County Board of Supervisors to Create the San Luis Obispo County Tourism Business Improvement District within the Boundaries of the City of Arroyo Grande. Assistant Planner Bergman presented the staff report and recommended Council adopt a Resolution granting the San Luis Obispo County Board of Supervisors the ability to: 1) create the San Luis Obispo County Tourism Business Improvement District (BID) within the boundaries of the Agenda Item 8.c. Page 8 Minutes: City Council Meeting Page 8 Tuesday, January 22, 2008 City of Arroyo Grande, and 2) grant the San Luis Obispo Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed San Luis Obispo Tourism Business Improvement District, with input from the affected lodging businesses and participating cities. Staff responded to questions from Council. Mayor Ferrara opened the public hearing. Jonni BiacL ini, representing the San Luis Obispo Visitors and Conference Bureau (SLOVCB), responded to questions from Council concerning Business Improvement Districts (BID) and noted that the effort to establish a County BID has been ongoing for three years. She gave an overview of how BID's are formed; explained that the money collected must be spent on tourism promotion; listed other Counties who have passed a BID; and explained that the BID law is set up to be renewed annually, therefore, if the City decides to become part of the County BID and during the year the City's hoteliers are not happy with the BID, the City has an opportunity to withdraw from the BID. She further clarified that the funds would be an enhancement, not a replacement, for the funds the SLOVCB currently receives and that the increased funds would provide greater resources for tourism marketing and promotion. She responded to further questions from Council concerning how the fee is assessed on the business owner, explaining that the business owner has to pay the assessment; however, the owner can choose to pass the fee on to the hotel guest; and stated that the fee is processed the same as the transient occupancy tax, therefore Federal employees and guests who stay over 30 days are exempt from paying the assessment. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments and discussion ensued regarding the advantages and the disadvantages of a Business Improvement District; acknowledgement that a majority of hoteliers had not expressed opposition to the formation of a BID; clarification that the BID Advisory Board consists of lodging personnel who determine how the budget is allocated; that the City of Arroyo Grande would benefit from participating in the BID; and that the City can monitor the program to determine continued participation in the future. Action: Council Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING CONSENT TO THE COUNTY OF SAN LUIS OBISPO TO FORM THE SAN LUIS OBISPO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (SLOCTBID)". Council Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Arnold, Costello, Guthrie, Fellows, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Agricultural Buffer Policies Including Minimum Buffer Distance, Allowed Land Uses and Landscape Standards of the General Plan and Development Code. Agenda Item 8.c. Page 9 Minutes: City Council Meeting Page 9 Tuesday, January 22, 2008 Community Development Director Strong presented the staff report and recommended the Council review agricultural buffer policies, including minimum buffer distance, allowed land uses and landscape standards of the General Plan and Development Code and provide direction to staff. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Mayor Pro Tem Fellows clarified that he had wanted to specifically discuss the possible modification of the "make-up" of the buffer and stated that the City would benefit from a guide on the structure and type of plants that can be included in the buffer in order for it to perform the job that it is intended to do. He referred to the staff report and spoke about the need for updating the LESA Model to reflect local conditions. He also referred to Ordinance No. 550 which includes a phrase regarding limited commercial uses within the agricultural buffer, and stated he wanted some clarification on that issue. He acknowledged staffing constraints and stated he was in favor of the second Alternative in the staff report to instruct staff to include additional agricultural buffer analysis and alternatives as part of the update to the Agriculture, Conservation and Open Space Element during 2008. He reiterated that this should include information such as how the buffer should be constructed and landscaped based on its size. Council Member Guthrie concurred that better guidance on the make-up of the buffers is needed. He suggested that this could be a Cal Poly project. He also said the Council needs to clarify whatever the mitigation measures are for conversion of agricultural land and would like to take a look at the mitigation guidelines before the Council considers a new project. He stated that when reviewing buffers, the Council should also look at alternatives for smaller agricultural buffers and their composition. Council Member Arnold stated he did not want to unwrap the entire policy, and that the existing policies were working well. He acknowledged the challenges of the Cherry Creek project. He was supportive of seeking assistance from Cal Poly; however, he could not support spending a lot of staff time looking at buffers because there are so many variables and exceptions. He supported the existing agricultural conversion policies that are in place and stated that he was comfortable reviewing projects on a case-by-case basis as they come forward. He stated he was not in favor of a major review; however he would support some review if desired by the Council. He agreed that the LESA Model does not work for the City; that it appears to be designed for large parcels, and it should be used only if it is modified to reflect local conditions. Council Member Costello agreed that there should not be a major review of the buffer policy, and the existing policies are working well. He noted the policies could be improved and assistance from Cal Poly to look at specific needs and refinements would be an excellent opportunity. He agreed that looking at buffer composition is worth reviewing; however, he did not want to commit a great deal of additional staff time to this issue. Mayor Ferrara agreed with Council Members Arnold and Costello and stated that the buffer policies the City has in place seem to be working; however, it could be better and enhancements that have been mentioned would be beneficial. He stated that he would prefer to give Cal Poly a defined project to create a menu of potential agricultural buffer designs, including a pictorial display with specific mitigation examples. He said it was important to note that the City should also consider the wishes of the property owner living next to active agriculture who may not support a buffer zone. Agenda Item 8.c. Page 10 Minutes: City Council Meeting Page 10 Tuesday, January 22, 2008 Following further discussion about agricultural buffers, Mayor Ferrara summarized the discussion by noting that the outcome of the Cherry Creek project was favorable; however, the process needs to be refined to provide more guidance and references, which would provide an enhancement to existing policies. Action: Mayor Pro Tem Fellows moved to instruct staff to include additional up-to-date agricultural buffer analysis and alternatives as part of the update to the Agriculture, Conservation and Open Space Element during 2008, and to further explore the idea of involving Cal Poly students, and to include review of the LESA Model. Based on Mayor Pro Tem Fellows motion, Mayor Ferrara summarized and clarified that the motion included further examples and analyses of specific plant species, trees, and models of buffer zones that could be used and requesting that Cal Poly undertake the project. Mayor Pro Tem Fellows indicated that was correct. Mayor Ferrara seconded the motion and then clarified that if the City is going to give Cal Poly a project, it must be a significant and comprehensive project to satisfy a class requirement. The motion passed on the following roll -call vote: AYES: Guthrie, Arnold, Costello, Fellows, Ferrara NOES: None ABSENT: None 11.b. Consideration of City Policy and Regulations Regarding Placement of Basketball Hoops in the Public Right -of -Way. City Manager Adams reported that Council Member Arnold had requested a continuance of this item due to the fact that a number of homeowners interested in the issue were not able to be present tonight. Action: Council Member Arnold moved to continue the item to the February 26, 2008 Regular City Council Meeting. Council Member Guthrie seconded, and the motion passed on the following roll- call oll- caII vote: AYES: Arnold, Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). SLOCOG Board discussed issues regarding the STIP funding cycle. SLORTA has appointed an interim Transit Manager. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Council Member Guthrie attended the last meeting as the alternate. (3) Other. None. b. MAYOR PRO TEM CHUCK FELLOWS: (1) South County Youth Coalition. Did not meet in December. No report. Meets on Thursday. Agenda Item 8.c. Page 11 Minutes: City Council Meeting Tuesday, January 22, 2008 Page 11 b. MAYOR PRO TEM CHUCK FELLOWS (cont'd): (2) County Water Resources Advisory Committee (WRAC). Was out of town for last meeting. No report. (3) Other. None. C. COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board. Did not attend meeting; however, he noted that the Habitat Conservation Plan is still under consideration and $950,000 has been spent over the last four years; there are plans to seek action from the legislature. (2) Air Pollution Control District (APCD). Meets tomorrow; will be considering implementation of the 2008 Lawn Mower Exchange Program and the Carl Moyer Incentive Program. (3) Fire Oversight Committee. Met in December; reported that Oceano Community Services District is pursuing an Agreement similar to the City's Agreement with Grover Beach for the Firefighter Program. (4) Fire Consolidation Oversight Committee. No report. (5) Other. None. d. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). The Board discussed timing issues with the new bus routes; coordinating efforts with SLORTA. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. Attended the SSLOCSD meeting as the Alternate; reported that the plant is operating well; reported that no competitive bids were received fora $350,000 project, so the District will be doing the project in-house. e. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. City staff attended the last meeting. (2) Economic Vitality Corporation (EVC). The EVC is continuing to raise money for the Tourism Study; City Manager Adams is working with local businesses to participate in the Study. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS: In response to earlier public comment, Mayor Ferrara requested again that City Manager Adams contact Lucia Mar Unified School District regarding its maintenance facility due to concerns about drainage and run-off. City Manager Adams stated he would follow up on the matter and noted that an occupancy permit had not yet been issued. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reported he had recently attended a League of California Cities Policy Committee meeting and had also participated in the Leadership Academy. He stated that while in Sacramento, he, Council Member Arnold, and City Manager Adams met with the City's contract engineer about issues relating to the Brisco Road/Halcyon/Route 101 Interchange Project and expressed concern Agenda Item 8.c. Page 12 Minutes: City Council Meeting Tuesday, January 22, 2008 Page 12 about apparent conflicts with Caltrans regarding the project. He reported that City Manager Adams prepared background information, which he presented to Assembly Member Sam Blakeslee and that he had an opportunity to discuss the issues the City is facing concerning the project and competing for State funding in the upcoming STIP cycle. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:50 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Agenda Item 8.c. Page 13 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.c. Page 14 PJURO�b INCORPORATE *XJULY 10, loll TO: FROM: SUBJECT: DATE MEMORANDUM CITY COUNCIL STEVEN ADAMS, CITY MANAGER CONSIDERATION OF APPOINTMENT OF CITY COUNCIL BR1SCO ROADlHALCYON ROAD - ROUTE 101 INTERCHANGE PROJECT SUBCOMMITTEE FEBRUARY 26, 2008 RECOMMENDATION: It is recommended the city Council: 1 approve formation of a City Council subcommittee to coordinate with staff and report back to City Council regarding efforts related to the Brisco Road Halcyon Road — Route 101 Interchange improvement project; and 2 appoint Mayor Ferrera and Council Member Arnold to the subcommittee. FINANCIAL IMPACT: There is no financial impact projected from this action. BACKGROUND: At the February 12, 2008 meeting, Mayor Ferrara recommended, and the city Council concurred, to establish a city Council subcommittee to coordinate with staff~ and report back to City Council regarding efforts related to the Brisco Road Halcyon Road — Route 101 Interchange improvement project. It was proposed that the subcommittee consist of Mayor Ferrara and Council Member Arnold. The City has completed the Project study Report (PSR) and is nearing completion of the Project Approval and Environmental Document PACED phase of the project. However, a number of issues have occurred making it difficult to obtain design approval from Caltrans and funding approval from the San Luis Obispo Council of Governments SLoC G . ISSUES: Developing a feasible alternative to address existing deficiencies at the Brisco Road Halcyon Road — Route 101 Interchange has been challenging. Available state funding is limited. Even more difficult has been the ability to propose design Agenda Item 8.d. Page 1 CITY COUNCIL BRISCO ROADMALCYON ROAD - ROUTE 101 INTERCHANGE PROJECT SUBCOMMITTEE MITTEE FEBRUARY 28, 2008 PAGE 2 alternatives that will address the deficiencies while meeting extremely restrictive Caltrans design standards. ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration: - Approve formation of a City Council subcommittee to coordinate with staff and report back to City Council regarding efforts related to the Erisoo Road/Halcyon Road — Route 101 Interchange improvement project and appoint Mayor Ferrara and Council Member Arnold to the subcommittee. Approve formation of the City Council subcommittee,, but approve alternative appointments. Do not approve the formation of the ub ommi tee; or Provide direction to staff. ADVANTAGES: Since this is likely the highest priority project facing the City, it will be helpful to have direct involvement by representatives of the Council regarding ongoing efforts. In addition, the subcommittee will report to, and solicit feedback from, the full City Council on an ongoing basis. Given the investment of time and City funding in this project, this will help ensure that staff efforts reflect the priorities and concerns of the City Council. DISADVANTAGES: The only disadvantage would be if the subcommittee does not provide direction consistent with the full City Council. However, since the subcommittee will be reporting to the full City Council on ar regular basis, it is unlikely that this problem will occur. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 21, 2008 and on the City's website on Friday, February 22# 2008. No comments were received. Agenda Item 8.d. Page 2 R INCORPORATE V 7. JULY 10. 1911 '14l F 0 Tct To. FROM: BY: MEMORANDUM CITY COUNCIL DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ow MIKE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION of INSURANCE COMPANY FOR CONSTRUCTION PROJECT, PW 2004-7 DATE: FEBRUARY 26,2008 A SETTLEMENT AGREEMENT WITH OF THE WEST IN THE AMOUNT of $37,403 DEFECTS To WELL NO. 10, PHASE I RECOMMENDATION: It is recommended the City Council authorize the Mayor to sign an agreement with Insurance Company of the Vilest in the amount of $37,403.00 for construction defects to the Well No. 10, Phase I Project, PW 2004-07. FINANCIAL L IMP ►CT: On March 13, 2007, the Council accepted the work performed by Floyd V. Wells, , Inc. for the Well No. 10, Phase I project. However, prior to completion of the warranty period, an issue with poor workmanship was discovered. The cost to make the corrective repairs is $37,,043.00 and a claim was filed by the City against Performance Bond No. 2133527. The surety company, Insurance Company of the Vilest, has agreed to pay the requested amount if the City releases it from any all future liabilities resulting from the project. BACKGROUND: On March 13, 2007, the City awarded a contract to Floyd V. Wells, , Inc. to construct the Well No. 10, Phase I project. The project involved the drilling of a neer well on Geer Trail Circle. The second phase of the project would involve the installation of the permanent pump and treatment facilities and making the connection to the City's water system. The specifications required a 72 -hour continuous pump test to determine the capacity of the new well. Based on an analysis of the pumping information, it was recommended that a longer duration pump test be performed. The City had been notified that Floyd V. Wells Inc, had discontinued their business. A separate drilling firm was contacted to perform a two-week continuous pump test to provide additional data that could be used as a basis for the design of the Phase I I facilities. Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION To SIGN A SETTLEMENT AGREEMENT WITH INSURANCE COMPANY of THE HEST IN THE AMOUNT of $37,403,00 To REPAIR CONSTRUCTION DEFECTS FOR WELL leo. 10, PHASE I PROJECT, PW 2004-07 FEBRUARY 2, 2008 PACE 2 Enloe Drilling began the two-week continuous pump test on June 22, 2007. During the test, the well produced excessive sand and the tests were halted to protect the pumping equipment. Upon investigation by the project consultants, it was discovered that sand was entering the well through gaps in the casing. Further research determined that the gaps were caused by misalignment of the well casing which indicates the failure of welds at the pipe collars. The consultants determined that the appropriate corrective procedure would involve the installation of a 560 -foot deep liner. The contract documents for the Well No. 10, Phase I project required the contractor to guarantee the work for a period of one-year following project acceptance. However, the contractor, Floyd V. Wells, Inc. was no longer in business and had liquidated their assets. since Floyd V. Wells, Inc. was unable to honor its warranty commitment, staff notified the surety company that had issued the performance bond for the project, Insurance Company of the Vilest (ICW), that the City would file a claim against the performance bond to pay for the corrective procedures. The estimated costs necessary to install the corrective liner including contract administration, public works site preparation, the construction installation costs, and the consultant's inspection and well monitoring fees is $37',043.00. Insurance Company of the West reviewed the information presented by the City and has agreed to pay the requested $37,,043-00 as full settlement with the City. ANALYSIS of ISSUES: Further pump testing is recommended; construction of the permanent Phase II facilities cannot be performed until the corrective procedures are completed. By approving the settlement agreement, the City can more forward with further development and testing of the well to determine the capacity of water that can be pumped without effects on the underground aquifer and surrounding wells and the improvements for Phase II of the project. The time to perform the corrective wo rk is estimated at three to fourwee l s. Depending upon the availability of construction materials and the schedules of the consultant and the contractor, the work is anticipated to be performed between April and ,dune 2008. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations to enter into a settlement agreement with the surety company and proceed with administration of the corrective repairs; Do not approve staff's recommendations; Recommend further negotiations with surety company; - Provide direction to staff. Agenda Item 8.e. Page 2 CITY COUNCIL CONSIDERATION ATIOI To SIGN A SETTLEMENT AGREEMENT WITH INSURANCE COMPANY of THE WEST IN THE AMOUNT of $37,403.00 To REPAIR CONSTRUCTION DEFECTS FOR WELL NO. 10, PHASE I PROJECT, PW 2004 - FEBRUARY 26, 2008 PACE 3 ADVANTAGES: Approving the settlement agreement will enable the City to make the necessary repairs and conduct the two-week continuous pump test to better establish the expected yield of the well. Eased upon the results of the two-week test, the city can determine how to proceed with the design and construction of the permanent Phase Il facility. The City is also free to administer the corrective procedures without any supervision, restrictions or audit from the surety company. DISADVANTAGES: The city would have to file legal action against the original contractor and the surety to obtain the amount estimated to repair the well. This may cause a delay in completing the repairs and performing the recommended pump tests. Signing the settlement agreement will prevent the City from filing any future actions against the surety or Floyd V. Wells, Inc. in the event that additional construction defects are discovered. ENVIRONMENTALREVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, February 21, 2008. The agenda and staff report were posted on the City's website on Friday, February 2 , 2003. No public comments were received as of the time of preparation of this report. Attachment: 1. 2/24/03 Letter: Insurance Co. of the West to the City Agenda Item 8.e. Page 3 ATTACHMENT 000 l(wWGROUP Insurance Services W10001on'surarce :�r,;D :r. of ;ire VYas! E,Kpforer !r.-*� �f ?:* Cz.riPcr.y Ire, �a-ersSe ice C usvaihf a r d —jre-,- tea; m� �r,v February 4; 2008 Michael Lina USS Marl and Facsimile: (805) 47.3-544 Assistant City Engineer City of Arroyo Grande P.0 Box 550 208 East Branch Street Arroyo Grande, CA 93421 Ref: Surety: Insurance Company of the west "ICV" Principal: Floyd V. Wells, Inc. Bond No: 2133527 Clain No.: 110-06-00273 Project: Well No. 10, Phase I Project Dear Mr. Linn9 Pursuant to your October 16, 2007 letter addressed to 1Cw and making a formal demand on the performance bond, Bond o: 213 35 27, and the December ember 2007 phone conference between ICw and representatives of the City of Arroyo Grande in which the City ofArroyo Grande and f W were working together to reach an agreed upon settlement, ICw offers this tender agreement letter as settlement to the October 16, 2007 demand on Bond No: 213 35 27. This tender agreement letter , nude on this the 4" day of February, 2 00 8, by and between ICW and City of Arroyo Grande hereby states . the fol I nwi ng- n thi s date. Fe ,itar; 4, 20}0 # I W agrees to pay +n f, 311 the City ofArroyo Grande the total sum of 7,043 .00 for the AG Weil No. 10 liner instal lation, the two 2) weep pump test and other identified cost in the Exhibit "A'' attachment, (ref. Exhibit ""A" attachment). In turn, upon the execution of this tender agreement letter, the City of Arroyo Grande does hereby expressly release, acquit and forever discharge ICw, the Performance Bond No. 213 35 27 and Floyd V. weIIs, Inc. and its successors from any and a II claims, rights, demands and/or causes of action of what so ever kind or nature concerning AG Well No. 10, Phase I Project. It is further agreed, that upon the City of Arroyo Grande executing this tender agr ernent Fetter* ICkV wII I issue a check for the total sun of S37., 403.00 on or before the tenth 10th day from the execution date. Please contact nye with any question you may have concerning this matter. 11455 E! Camino Reel * Sorg Diego, A 92130-2045,p 8 8.350.2400 •800.877.1111 • ': rou .c Agenda Item 8.e. Page 4 41cli el Linn, PE February 4,, 2008 a �e 21 This letter is not to be construed as an admission ofliability by ICW. All rierhts and defenses avallable t the surety and its principal are expressly reserved. Respectfully yours Ricord M. Lopez Sr. Loss Control and Clain Consultant Direct Line: (855) 350-277 Facsimile: 350-2640 -mail: i-1 l e t.?i E!I-oLIp.eo1II Enc: Exhibit "A"' attachment CITY OF ARROYO GRANDE, PUBLIC WORKS: Me Michael Lina, PE Its: Date: Its: Date: City of Arroyo Grande Agenda Item 8.e. Page 5 � a h •; AG WELL #10 Liner Installation & 2 -Week Pump Test Cast Estimate leath & Associates has recommended a continuous 2 -week, 336 lour, pump test at -50 to 6 gprn flow rate (see T:\AG04-245\Test Cost Bst.d . This is the work that was underway when the breaches in the well casing joints were discovered with the video camera during pump testing. Prior remedial work to prevent sand and gravel pack entry into wrell casing included installation of a -inch PVC Casing and screen liner (626-766) from 560 to 770 feet deep, plus filter pack. The original well construction had been developed and tested prior to the first down- hole o wrn- h le video that showed fine sand and filter pack material had accumulated at the bottom of the well. 6-6/8 Inch O.D.-Steel Casing In luldln l -Packer) 6-5/8 Inch O.D. steel casing to 560 feet below the surface: $1 foot x 560 feet ' $5,6 Installation Cost: -------- --- w ------ - ­­­$72500 K_Packer• Test Pumeing Eguirnent Enloe Well Drilling, 5123/07Quotation: Supply and in sta I 110 HP, 50-g p m 2 9V or 86 submersible purnp at 550 ft. Level -Troll 709 data logger for Constant water level monitoring Also install a backup airline for water level monitoring Installation and equipment rental. Constant monitoring @$25/hour on 1t days Daily monitoring remaining 13 days @ $200/day. ------ --------------$21600 Construct 20' x 20' x 8' high hay -bale sound barrier (for generator - see below): 000 Electrical Generator Poorer Generator Dental Cost: $726 per week x 2 weeks: $1,452 + 11 (7.75% tax): City will provide generator Fuel. JB Dewar (Brian 459-3392) will rent a 500 gallon tank and will deliver one 590 gallon load per week- Fuel Consumptlom 2.6 gph x 24 hours x 7 days = -437 gallons per week. Fuel Cost: 2.6 9ph x 336 hours x ~$8.39/gal (probably less) delivered: ------$2,883 Dent 500 -gal fuel tank: $2 mo. (ruin. Charge) + $209 deliver + $209 pickup: -------.--------$600 Maintenance and refueling: 79.2 gallon fuel tank 2.6 gph = refuel every ~30 hours, or daily (included in Enloe proposal). GTA Costa: Coordinate contractor, vendors, Consultants, etc.: -16 hours x $95/hour:­$11520 Check well test 1 site daily: 1 hour/day x 14 days x $95: ___w_______$11330 Review test data and report, make recommendations etc.: -------- - Clearth & Associates Costs: Check nearby Los Robles Del Mar wells and AG Well #9 every 2 days: days x 3 hours/day x $hour: ------- $ 1470 Report preparation: -16 fours x $9/hour: $� Tatar Coit Estimate: Agenda Item 8.e. Page 6 A. INCORPORATE ` MEMORANDUM L JULY 10, 1911 To. CITY COUNCIL FROM: DON SPA NOLO, DIRECTOR of PUBLICWORKS/CITY ENGINEER tq BY: MIKE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION of A CONSULTANT SERVICES AGREEMENT WITH BOYLE ENGINEERING CORPORATION FOR THE DESIGN of THE FAIR OAKS AVENUE SEWER UPGRADE PROJECT, PW 2007,07 DATE: FEBRUARY 28, 2808 RECOMMENDATION: It is recommended the city Council: 1. approve an agreement with the Berle Engineering corporation in the amount of $37,746 for the Fair Oaks Avenue Sewer Upgrade Project, PW 2007-07; and 2. authorize the Mayor to execute the agreement. FINANCIAL IMPACT: The FY 2008/09 capital Improvement Program designates $51,400 for the design phase of the Fair oaks Avenue Sewer Upgrade Project. The Boyle Engineering Corporation's cost proposal totals $37#746. The total project budget, funded from the Sewer Fund and the sever Facility Fund, is in the amount of $546,400. BACKGROUND: The project scope of work involves the replacement of approximately 2,300 lineal feet (between r and 10' in depth) of existing 12p' sewer main along Fair Oaks Avenue with a neer 1W sewer main. This segment of Fair oaks Avenue extends from US 101 to Valley Road, directly adjacent to Arroyo Grande High School. The intention is to perform all construction work during the summer months when school is not in session. On January 2, 2008, staff received eleven proposals from engineering consulting firms to provide design services for the Fair oaks Avenue Sever Upgrade Project. The proposals were evaluated and Boyle Engineering Corporation was selected as the most qualified firm to design the project. Agenda Item 8.f. Page 1 ATTACHMENT I AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as , 2008, bet re n O LE ENGINEERING CORPORATION ATION "Consultant" , and the CITY OF ARROYO GRANDE, a Municipal Corporation "City" for the FAIR OAKS SEWER UPGRADE PROJECT, PW 2007-. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TER This Agreement shall commence on March 8, 2008 and shall remain and continue in effect until March 3, Zoog, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth In Exhibit "A", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Consultant shall at all tunes faithfully, competently and to the best of his/her ability, experience and talent, perforin all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. . AGREEMENT ADMINISTRATION Don Spagnolo, Director of Public Works/City Engineer, shall represent City in all matters pertaining to the administration of this Agreement. Mike Nunley, Branch Manager, r, shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pair the Consultant in accordance with the payment rates and terms set forth in Exhibit '6BVF, attached hereto and incorporated herein by this reference. r. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time: for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at Page 1 Agenda Item 8.f. Page 2 least ten 1days prior written none,i ion receipt o said notice, the consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates.portion � this Agreement such suspensionenslon ortrr.naticn shall not make void or invalidate remainder �� Agreement. (b) In the event this Agreement fsr minated pursuant to this Section, the Cit shall pad to consultant the actual valuef o the work performed up to the time of termination, provided that the workr�rn�ed Is � value to the City, Upon termination of the Agreement pursuant to this lection the Consultant will submit n invoice City pursuant to Section 5. . TERMINATION ON OCCURRENCE OF STATED EVENTS This Agreement shall terminate automatically on the occurrence of n of thefollowing events: (a) Bankruptcy or insolvency any of art • (b) Sale of Consultant's business; or (c) Assignment of this Agreement by C • Consultant without the consent of City. (d) End of the Agreement terrye i i feed in lection 1. 8. DEFAULT of CONSULTANT (a) The Consultant's failure to comply I provisions with the provisionsof thisAgreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have nobliatIcompensating on or dui t ontrnue Consultant for any work performed after ther�ni� - date of default and can terminate this Agreement immediately by written notice tot he Consultant. If such failure by the Consultant to rake progress In the performance of work hereunder arises out of causes beyond the Consultant's control, and without f ' fault or negligence of the Consultant it shall not be considered a default. (b) If the City Manager or his/heir delegate determines that the Consultant Is in default in the performance of any of the terms conditions • or conditions of this Agreement, he/she shall cause to be served upon the Consultant written note of the default. the Consultant shall have ten 1days after seri • • Y e upon it o said notice in which the default b rind ick to erre Y# rendering a satisfactory performance. In the event that the fails to cure its fa Consultant default within such period of time, the Cit shall ' notwithstanding have l� righty ending any other provision of this Agreement to terminate this Agreement without further notice and ritl�#./ut to rVV prejudicen other remedy to which r may be entitled at law, in equity or under this Agreement. Page 2 Agenda Item 8.f. Page 3 g. LAWS To BE OBSERVED. consultant shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local lags, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's performance under this Agreement, or the conduct of the services ander this Agreement; (c) all tires observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the city#s contract Manager in writing any discrepancy or inconsistency it discovers in said lags, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The city, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the consultant to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of city or its designees at reasonable times to such books and records; shall give city the right to examine and audit said books and records; shall permit city to make transcripts therefrom as necessary; and shall allover inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three 3 years after receipt of final payment; (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, naps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and Page 3 Agenda Item 8.f. Page 4 may be used, reused, or otherwise disposed of by the City without the• perr�ssion of the Consultant. With respect to computer files, Consultant shall male available a lablto the City,, at the Consultant T s office and upon reasonable written re uesttCity, y he the necessary computer software and hardware for purposes of ac essin i compiling, transferrin � ' , and printing computer files. 11. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. To the fullest extent permitted by law, Consultant shall indemnify,, protect, defend end hold harmless ' . City and any and all of its officials, employees and agents "Indemnified Parties„ from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, r willful misconduct of the Consultant. 12. INSURANCE ANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all tunes remain as to the City a wholly independent Consultant. The personnel performing the services under thisg reement on behalf of Consultant shall at all Mines be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, ora eras, except as set forth in this Agreement. consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation} or liability whatever against city: or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. city shall not be liable for compensation or indemnification to consultant for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection Frith the award, terms or it plementation of this Agreement, including an method of coercion, confidential financial arrangement, or financial inducement. No Page Agenda Item 8.f. Page 5 officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at lair or in equity. 15. NO BENEFIT To ARISE To LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE of INFO RMATIOC ON FLICTS of INTEREST EST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City"s prior written authorization. Consultant, its officers, employees, agents,, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support,, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered gavoiuntary„ provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement -and the work performed thereunder or with respect to any project or property located within the city. city retains the right, but has n obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct,, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by i personal service, H delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (ill) mailing in Page Agenda Item 8.f. Page 6 the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: city of Arroyo Grande Don Bpagnolo Director of Public Works/City Engineer 214 B. Branch Street Arroyo Grande, CA 93420 To Consultant: Mike Nunley Branch Manager Boyle Engineering corporation 1194 Pacific Avenue, Suite 204 San Luis Obispo, CA 93401 18. ASSIGNMENT The consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAND The city and Consultant understand and agree that the lags of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jdF urisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. T City and consultant agree that time 'is of the essence in this Agreement. Page 6 Agenda Item 8.f. Page 7 22, CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only: and are not intended to be construed to define or limit the provisions to which they relate. 23. AMENDMENTS Amendments to this Agreement ,shall be in --writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 24. AUTHORITY To EXECUTE THIS AGREEMENT The person or persons executing this Agreement- on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY of ARROYO GRANDE CONSULTANT By: Tony Ferrara, City Mayor Attest: Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney Fuge Its: (Title) Agenda Item 8J. Page 8 EXHIBIT SCOPE OF WORK Agenda Item 8.f. Page 9 Scope of Work PROJECT BACKGROUNM Major task items for the new pipeline projects will include the folloNv-inc ; • Perform site survey and topographical mapping • Perform geotechnical assessments along the full pipeline alignment. • Perform utility research and lntegate with e isd'ng topographical basernap showing existing utilities along the full pipeline alignment. • design approximately 1,700 LF of gravity sewer mai along Fair Oaks Ave b t% een US 101 and Valley Rosa. PROJECT CONSEDERATIONS Special project and site consideration are summarized below: Determine if the project will require a Caltans encroachment permit. If necessary, the permit process will begin as earl a possible to mitigate potential project delays. Traffic control will be a concern (see reap on the next page). The segment of the surer replacement will take place in Fair Oaks Ave, adjacent to Arroyo Grande High School. The City wishes to complete construction of the sewer during summer ?008 to avoid trafflic disruptions. To accomplish this, an aggressive design and bid phase .schedule must be maintained. • A detailed sever bypass pumping specification will be required to prevent any disruptions in suer service during construction. • The existing sewer planned for replacement is undersized, but is believed to be in good condition. Boyle will evaluate the costs and benefits of keeping the existing sewer in service and installing a parallel sewer. SCOPE OF WORK 'BASK 1.0 PROJECT KICK-OFF AND SITE WALK Attend ick -of` meeting with City staff to review project scope, schedule, responsibilities ofproject Learn members, available information, project deliverables, initial pipe alignment alternatives, known ut'Iity conflicts, and any construction and operational concerns. Upon completion of the meeting a site walk will be conducted to identi r any specific concerns prior to the initiation of work. TASK .0FLfMI 1,kRE GINEFRrq Sewer Pipeline Information Review • Review existing information relevant to the planned improvements. Existing information includes aerial photography. topographic survey* as -built information and existing under ground utility information. • Review seNver system record draNvings. CITY OF Proposal to Provide Engineednq Services -tir Fair Ave Sewer Upgrade i�/ky Ai I fl •#+ j Agenda Item 8.f. Page 10 Mr Ir ■I �j 4 ..-qr-- f - 11131101 dip L 10 opr jMV L - . -%�- K r� t .. � -do. Y�4 4L V Nor. arms 31,1 5�:6 SM _ - - 4 1 01 Will AP 0 JL j2 ♦ _ =-a}4 h t P03 Ap to offram r4 -t7 RL .41 . y ri ' #0 h , ,- me Nt on n M ' p i - • r LL d u IMP= .Al I' a 4 ' r a rA .01 y' .A IL ' + r - .1por� 40 Ir 1' !' t 46 vcz 11 Fropesal to Provide EngIneenng Services for Fair Oars Ave Sewer Unurade ckgenda item t Pane 1 Sewer Pipeline Hydraulics The sewer pipeline size will be based on recommendations from the S fP and may require additional hydraulics evaluation. It is recommended that the SIVIP flow projections be confirmed in order to verify the adequacy f the recommended pipe size prior to design. Utility Research and Surrey valla Group) topographic survey along the proposed alignment for the new se �Fer will be prepared. Utility research information will be gathered as needed for e .isting utilities, and all utilities will b plotted on the existing topographic sur-%,-ey map ofthe proposed alignment. It is assumed that the alignment will b located wi thin the City Right- `- Way along Fair Oaks Ave. Sewer Pipeline Geotechnical Evaluation (GS1 Soils) COSI Soils ofSari Luis Obispo will identify the geological issues critical for the design of the new sewer main. A project -specific is report for the sewer pipeline will be prepared to include the following: 0 Assessment of subsurface soil, rock and groundWat r conditions along the proposed pipeline alignment 0 Compaction recommendations for trench backfill Temporary slopes and shoring considerations • Constru tability and excavation issues 0 Pipeline design criteria TASK 3.0 PRELEqINARY DESIGN MEMORANDUM M 3 % Submittal) Once the pipeline size and ali nr ent have been finalized Boyle Engineering will prepare an initial design memorandum that swill document the recommended design approach including the items listed below. a Cnfiniiation of pipe diameter & Recommended alignment relative to street centerline and other utilities 0 Pipeline materials • Depth of inverts 0 Location and connection details for recommended tie-in locations to the existing sever system. 0 Preliminary opinion of probable construction costs Other details appropriate Boyle will attend one meeting with City staff` to review, discuss, and receive one consolidated set of City con nentsf Design drawings and specifications will be revised according to City comments. TASK 4.0 CONSTRUCTION PLANS ANT SPECIFICATIONS copy of the 60 percent and 95 percent design drawings will be provided d as described below. Project technical specifications will be prepared in CSI format. Final plans will be l in. = 40 t. scale on 4" " sheet size. A total of three copies will be provided. The following design drawings are anticipated (Sheet count may vary): GIT Y OF ._ Propos to Provide Engineening Services F V r . _ Fair Oaks Aire Sewer Upgrade • ft Jk 1 f# i�#: ti � 1 Agenda Item 8.f. Page 12 Sewer Pipeline Design Plans Drawin;s will be prepared in plan and profile format using I inch = 40 feet scale. We estimate the followingdrawings ill e required: Sheet 1 Title and Vicinity Sheet 2 Index and Legend Sheet 3 General Dotes and Typical Details Sheets 4 - 5 Plan and Profile for Sever Main Sheet 6-7 Pipeline Details: Trench Section & Misc. Pipe Details Sewer Pipeline Specirications Boyle will provide technical specifications in accordance with our standard specifications for construction, Upfront documents will be provided by the City and modified by Boyle. The technical specifications will be prepared in CS1 format. Submittal and Review Meeting Three copies of the % and 951/16 submittals will be provided for review. Boyle will attend one meeting with City staff to review, discuss, and receive one consolidated set of City comments. Design drawings and specifications will be revised according to City comments. Final design drawings and specifications will be submitted for use in the City's bid package. Opinion of Probable Construction Cost Boyle will prepare and submit a final opinion of construction cost following the acceptance of final project plans and specifications. Record Drawings Review the project as -built drawings produced y the Contractor and confirm that the as -built drawings reflect the current project conditions. Provide the City with a copy of the contractoes as -built drawings and prepare record drawings. A final set of Mylar sheets will be submitted along with a copy of the digital CAD files. Permitting Assistance Boyle will provide assistance to the City in obtaining the necessary Caltrans encroachment permit i required by preparing and submitting the necessary exhibits, technical and design data. Boyle will not be responsible for payment of any permitting fees or other costs associated with this project; said fees are the sole responsibility of the City. As an optional service Boric can provide CEQA documentation for the replacement of the Fair Oaks Sewer. ff'requested, Boyle will team with Rincon Consultants to prepare an Initial Study and a Litigated Neuati e Declaration. CIT Y OF -�# Proposal to Provide Engineering Services =�r Fair Oaks Ave Sewer Upgre M + Agenda Item 8.f. Page 13 Proposed Schedule The folloxvincr table outlines our anticipated schedule. A detailed Gantt Chart is provided on the followinor pale. Milestone Schedule A.r-ro ro Grande Fair oaks Ave. Sewer Replacement I Base Mapping, Survey, and Geotechnical 4 weeks from Notice to Proceed Preliminary Design r�emorandum 3 % I week following base mapping and soils report 4 Submit 60% Design Submittal Within weeks follo� •ing City acceptance of PDM Submit 95% Design Submittal Within 2 weeks of receipt of 60% comments i Submit Final Design Documents Within 1 week of receipt of % design comments Budget for Engineering -Services The Project Budget has been prepared based on Boyle's Standard Fees Schedule as attached. NVe propose to perform the scope of work options outlined above on a time -and -materials basis with a not -to - exceed budget of ,76. TASK 5,0 CONSTRUCTION PHASE SERVICES At the request of the City, Boyle can provide construction phase services on a time -arid -materials basis per the attached fee schedule. A description of the services Bogle would typically provide for similar construction jobs is provided below: Bidding Assistance Boyle will attend a bid conference to review the project with prospective bidders and answer design specific questions. Boyle will respond in writing to bidder RFIs, and prepare 'design addenda if required. Pre -Construction Conference Conduct a pre -construction conference with the City and Contractor's team as they prepare to mobilize for the Project, As part of'this effort Boyle will: 1 review the plans and specifications with the Contractor to facilitate the Contractor's understanding of the Project; review the Contractors construction schedule and resource scheduling including equipment, labor and supervision planning; and (3) outline contract requirements regarding security matters such as fences, lighting, and posting of signs. Progress Pay Estimate Review the Contractor's progress pay estimates in accordance with the contract documents. Progress estimates will be supported by source documents, which represent measured quantities. A monthly pay estimate *Fill be fonvarded to the City with recommendations regarding contractor payment. Maintain a current estimate of overall construction costs based on the contractor's bid and the earned value the work performed. CITY OF •!�-T Proposal to Provide Engineering Services for -. Fair Oaks Ave fete rade � �� � - �, Cr.1 4r41k1•.Pn fi,.. � � f Agenda Item 8.f. Page 14 �I ..._...........................................+....._....._.._...........__....-•---_-_.......__._.___.------_.,._... CV�L ....... ............................... . I ....................__._......_.......'_-----'---.....__.-----•------._..........._.. I F ..-_..._...................'--'...._..........._....------.._.--------....__.._...... D ................. ........... ............................................. ,+__........ CD ...+...................... ........ ................................................... C L_ 6 .................................... ............ . ----------------- ...... ...__.-.-_ Lli LU ❑ -------_..__....................•..__-+...--_.._....._.._______-___-------__._. .._ CA CID� Tl� 00 ............................................_....__.---------- -•_- -- ...... _ ia � '.{.� #� C4 ----------------------------- ........... .... ..__. ... ..__..__. ftAft �z M cqa W C4 E ---- ----- lo M co -- -` ----------- ............................. -----•-•---------- aD W C4 c o Clq w c co cc N cls (V c co O 0 .� • s . ■ •}rte . r . . .■ 4 • r i ■ r�■ i f r ■ rr • s • s • . t . . . . . . . .. • .. . . . . . . r • ; . • ■ ■ s ■ ■ s r • ■ i r . . . . . ... . . . . . . . • . . • s ■ ■ • ■ r ■ ■ ■ a r t . . . . . . . . . . f . . . . . . . . . . . . . . . . . f _ . _ _ _ _ _ . . f , . _ . .. . . . . . . _ . . _ . . . . _ . _ _ . . . _ _ _ _ _ . _ . _ . _ - . _ _ + - . . . . . - - . . _ . _ . _ _ _ . _ . - _ . _ _ _ . . . _ . . . - . . . _ . _ _ ({ W 0 CO�--� O M a■� rF+ "�•�`+`� - rya 4�+ 9el— V hJ CL cc to Y C) a I3 ,ALJ UP) LO a Lo ■n �z M E •A CO �# 0 CO�--� O M E 3 Y CD a Q 0 C cm r_y YW� 0 r0 co 0 LU i0 u c.CL0 yY •L a..R El CL 0. ca (L 0 0 0 CL 0� ��-y�0 + > �F .fir W �,1 y '� I rCL W. �y U) CO c LL ci LL co LoM ! 1 i CL 0 Agenda Item 8.f. Page 15 Submi taleview &rlanagernent Review all incoming submittals for confomiance with specifications. Nfaintain a log of and manage the shop drawings and sar ple�'subrnittal process to confirm that: • Submittals frorn the Contractor are received and loaned. a Submittals are reviewed in a timely fashion by Boyle and returned to the Contractor. Logs are updated on a regular basis. a Shop drawincys have been reviewed and returned before associated work has begun. •A copy of'all submittals will be maintained. Change order Mana emen and Requests for Information (RFIs) 95 Ing#estivate proposed change orders and RFIs submitted by the Contractor or requested by the Ciry. 40 Mange order submittals will include supporting records. oyle's investigation will include the potential impacts on the Project schedule ana budget and will include a recommendation for approval or disapproval. 0 Assemble documentation to include such items as inspection reports} test reports, drawings, sketches, photographs, and other materials as required. 9 Assess the impacts of the proposed change on the Contractor's schedule and operations; and prepare written response summarizing the impact of the proposed change in terms ofextra costs cost savings} schedule, and effect onContractor's obligations. Coordinate responses to R'ts. • Evaluate the Contractor's price proposals for reasonableness and accuracy of construction quantities, - rates and unit prices, and time and schedule impacts. 0 Maintain a change order log as a means for tracking change order proposals through the review and approval process. Boyle will establish files for potential change orders or claims to accumulate supporting documentation should the issues result in a change order or claire. Construction observation Implement observation guidelines for monitoring the duality of the Contractor's work. Conduct field observation and prepare documentation of construction tasks including but not limited to: construction staging, utility coordination, earthwork, concrete, and site piping. A photographic log of construction activities will be kept and copies of s iif icant photographs will he provided to the City. Upon Witnessing,(and discussing with City) materials, erection or installation process, or levels of quality that do not meet the requirements of the construction contract documents, issue a Non -Conformance Report notif {leg the Contractor of such deviation and inquire about the Contractor's proposed corrective action. Copies will he immediately forwarded to the City. The Contractor has sole responsibility for compliance with safety requirements on the construction contract. oyle's staff will monitor the Contractor's general compliance with its s fehr program and advise the City of observed deficiencies. Additionally, Boyle will obtain delivery slips and ti ckets for materials delivered to the j obs ite to use when checking payment requests. Boyle will conduct limited field observation during the construction CITY OF Proposal to Provide EnglneeHng Services 1n, FairOaksAve SewerUpgrade�---�,�._ �_ Agenda Item 8.f. Page 16 phase activities. It is assumed that h l'Mime obsennation will be adequate for the construction phase of this project. The actual observation time requirements may vary. At the first indication of complications or complexities that would require additional obsen-ation time, the City will be notified. Construction Stakincr Assistance Boyle will coordinate and assist the surveyor by providing the necessary information fr setting the initial set ofstakes o r mars that wiII be ne ces sary to establish the lines and ,grades required for the completion of the work. Progress Neeting Boyle will conduct project progress meetings every two weeks or as recommend by the City). The principle purpose o f the progress meetings will be to review progress and quality, notify the attendees of any Contractor deficiencies, determine availability of labor, material and equipment for upcoming work, and address coordination natters. Final Inspection and Punch List Boyle will; in conjunction with the City, evaluate the near -completed facilities to confirm general compliance and/or identify discrepancies and deficiencies in the work- performed by the Contractor. W will prepare the necessary punch list to identify such items. Upon correction of the punch -list items by the contractor Boyle will report to the City on the completion of the project, and recommend project acceptance and final payment to the Contractor. CITY OF ro o a1 to Provide Engineering Services -cr Fair Oaks Ave Sewer Upgrade aA% f 1 4 1 1 4 n. , Agenda Item 8.f. f Page 17 0 Project Budget and Fee Schedule CIT Y OF 4 & P-6 Proposal to Provida.. Engineedng Services ..* .. �7 Fair Oaks Ave Sewer rade# �; .��;; :F _ �� Agenda Item 8.f. Page 18 EXHIBIT 8 PAYMENT SCHEDULE Agenda Item 8.f. Page 19 r.11 C) 0=4 POW 0 tow Q 0) U MEOW 0 66 a. Agenda Item 8.f. Page 20 5 ED — epi 4-L en x MAO q17 era x00 t r � v� to 6* q 4 NMI .Iq A;uo, i;ojL x zo spullusnoaqnS +?G4 44 #+ rn eq CL 01. SZ)GO i+4 iA} i+� #.$ s►4 i+� i.+� :� iM+F :�! #+� �.4 rr+! r.+� i+� IIS � O Ccz O = O O vol 0 %n V fn — e*1 O 0 O c*1 %M 1 G +rt s+a D O ac t o O; c o r �n w1 coo 0-1 #1 1 C4 W -*€€V V 777 :J y e -y 44 C4 YY r 5-f PON eq N 40 • > �F + 10 .. t— w* ■iy�?, ice} op :6w imp CL Oft or iL Agenda Item 8.f. Page 20 5 ED BOITE ENGLNEERLNG CORPORkTION LUIS OBISPOOFFICE) FEE SCHEDULE FOR PROFESSIONAL SERVICES Effective January 1, 2007 En,ginc rs, Planners, Architects, Scientists: Principal Senior 11 Senior I Associate Assistant Construction Observer Technical Support Staff: DenignICADD Supervisor - Senior Designer/Design CADD Operator DrafterADD Operator Clerical/General Office General Project Expenses 1 Direct Project Expenses Other Reproduction (8-1/2 x 11 /11 x 17 Color) Plan Sheet Printing — In House Bond Mylar Subcontracted Services/Reproduction Subcontracted or Subconsultant Services Auto Mileage for Construction Phase Services Travel & Subsistence (other than mileage) Miscellaneous Supplies/Services 190.00 per hour $155.00 per hour 140.00 per hour $120.00 per hour 105.00 per Maur 105.00 ger hour $110.00 per hour $105.00 per hour $95.00 per hour $67.00 per hour % of tabor 51.1511.50 per page .0017.00 ger sheet Cost + 10% Cost + 10% $0.60 ger mile Cost Cost x-10% If authorized by the Client, an overtime premium multiplier of 1.5 may be applied to the billing rate of hourly personnel who work overtime in order- to meet a deadline which cannot be met during normal hours. Applicable sale taxes, if any, will be added to these rags. hivoices will be rendered monthly. Payment is due upon presentation. Fee schedule is subject to change. i Includes mail, telephone, fax, office photo copies, personal co gtIters and mi! aize (except as noted). CITY or - Proposal to Provide Engineering Services T. Fair Oaks Ave Sewer Upgrade �4•�".- * �. Agenda Item 8.f. Page 21 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant 'agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to city in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 80 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,,000,000 per occurrence. Business Auto coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the enact equivalent. Limits are subject to review, but in no event to be less than $1 000,,000 per accident. If consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If consultant or consultant's employees will use personal autos in any Ivey on this project, Consultant shell provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Consultant and "Covered Professional Services} as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claire and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Page 8 Agenda Item 8.f. Page 22 Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of - or better and a minimum financial size 1111. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement leo. CG 2010 with an edition prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. . lone of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has net been first submittedsubmifted to City and approved of in writing. . No liability policy shall contain any provision or definition that would serve to eliminateso-called "third party action over claims, including any exclusion for bodily injury to an employee a of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. . Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no Page Agenda Item 8.f. Page 23 replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sures due Consultant, at City option. . Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will endeavor' as opposed to being required) to comply with the requirements of the certificate. . It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solations. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taping any steps that can be deemed to be in furtherance of or towards performance of this Agreement. Page 10 Agenda Item 8.f. Page 24 1 . Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 1. consultant shall provide proof that policies of insurance required herein expiring during the terra of this Agreement have been renewed or replaced with other policies providing at least the sane coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new.coverage must be provided to City within five dans of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or aril -inclusive. 119. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used b any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to Page 11 Agenda Item 8.f. Page 25 reimburse any third party for the cost of complying with these requirements. There shell be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 12 Agenda Item 8J. Page 26 o INCORPORATED MEMORANDUM rn l JULY 10. 191) oo4 To. CITY COUNCIL FROM, DON SPAGNOLO, DIRECTOR of PUBLIC WORKS/CITY ENGI 1EER iG e Y: JILL McPEEK, SENIOR CONSULTANT ENGINEER SUBJECT: CONSIDERATION of A PROGRAM of PROJECTS FOR THE CITY of ARROYO GRANDE'S FY 2007,08 SHARE OF PROPOSITION FUNDS DATE: FEBRUARY 2 , 2008 RECOMMENDATION: It is recommended the council: approve a program of projects for the City of Arroyo Grande's FY 2007-8 share of Proposition 1 B funds; and 2. direct staff to forward the attached spreadsheets presenting the City's program of projects to the California Department of Finance. FINANCIAL IMPACT: The City of Arroyo Grande is to receive $400,000 of Proposition 1 B funds for FY 2007- 08. o - g. These funds must be expended by June 3, 2011. The amended Capital Improvement Program CIP budget includes $237,000 of Prop 1 B funds in FY's 20 07/08 through 2009/10 (see table below for list of projects currently programmed with Prop 113 funds). The actions requested will amend the CIP budget to include an additional $163, 000 of Prop I B funds, for a total of $400,000. BACKGROUND: Proposition 1 B (Prop 1 provided $19.92 5 billion in bond funds for a variety of transportation prlodties, including $2 billion for cities and counties to fund the maintenance and improvement of local transportation facilities. The 2007 Budget Act and chapter 181 , Statutes of 2007 S , appropriate a total of $950 million of these Prop 1 B funds in 2007-0. Of this amount, chapter 314, statutes of 2007 (AB 196), specifies that $550 million be allocated to cities and $400 million be allocated to counties. The share that cities or counties are to be allocated is determined by the State Contr flees Office (SCO), with county shares being calculated based on the number of registered vehicles and the number miles of road in the county, and the Agenda Item 8.g. Page 1 CITY COUNCIL CONSIDERATION of A PROGRAM of PROJECTS FOF THE CITY of ARROYO GRANDE'S FY 2078 SHARE OF PROPOSITION 'I B FUNDS FEBRUARY 2 , 2008 PAGE 2 county and city being calculated based on population. Each city was guaranteed to receive a minimum of $400,000. The bond language states the proceeds can be used for `projects that will assist in reducing local traffic congestion and further deterioration, improving traffic Bows, or increasing traffic safety that may include., but not be limited to., street and highway pavement maintenance, rehabilitation, installation, construction and reconstruction of necessary associated facilities such as drainage and traffic control devices, or the maintenance, rehabilitation, installation, construction and reconstruction of facilities that expand ridership on transit systerns,, safety projects to reduce fatalities, or as a local match to obtain state or federal transportation funds for similar purposes. ' ANALYSIS of ISSUES: In order to receive the FY 2007-08 Prop 1 B funds, counties and cities must approve e a plan for the use of the funds and submit the plan aria e-mail to the Department of Finance DF on the spreadsheets provided by DF (attached). The following table is a proposed program of projects identified by staff for the City's share of FY 2007-0 Prop 1 B funds Project N. Project Name Amended Proposed Revised Budget Changes Budget 350-5421— 50-5421— GlS Databasg.& Aerial Photorrahy iodate GIS Sewer Fund $ 59000 59000 Water Fund 15,000 o 15,000 Sales Tac moved tmm 50- �svio Dei mar) 0 + 59000 51000 Prop 1 B(not applicable use of Prop 1B funds) , 51000 - ,00 o Total $25sOOO $ o $ 251P 000 350 -5638 - Pavement Management emen Program Projects (James Way Overlay) USHA $41v089 $ 41,083 Sales Tax 54,186 0 54,186 Sales Tac moved from 350-5655 Bfisco Road) 0 17,725 17,725 Prop 1 B (moved from 350-5656 El Camino Real) +$1000000 1 ,000 Prop 1 B 0 + 103.000 18 0 Total $95,275 + $ 280#725 $376,000 Agenda Item 8.g. Page 2 CITY COUNCIL CONSIDERATION F A PROGRAM OF PROJECTS FOR THE TTY of ARROYO GRANDE'S FY 2007,48 SKATE OF PROPOSITION 'I B FUNDS FEBRUARY 26, 2008 PACE 3 ■ Project Pry Anne Amended Pr Revised Budget Changes Budget 350 -5656 - El Camigo-Pavement Rehabilitation USHA 184,000 $ 0 $ 184,000 RDA 1159000 0 115,000 Sales Tax 509,000 0 5099000 Prop 1 B (move to 350-5638 Pavement Mgt Prof) 200.000 -1 1_ 00 Taal $ 1,0089000 - $100,000 $ 350-5662- nghr ark Survey '�Yi.l•IYiM General Fund $ 31431 $ 0 $ 3,431 Traffic Cir ulabon 109000 0 10,000 Sales Tax(move ove t 350-5638 Pavement Mgt Pro + 4,500 41500 Prop 1 rrot applicable use of Prop 1B funds) 4,500 `; 550 Total $17,931 _4 $ 0 $179931 350-5668 — J asoWl elson Americans with Disabilities Act ADA Raffigs CG $139300 $ 0 $ 13,000 Sales T X(moved from 350-5678 Cast& Del Mar 0 + 20,000 20,000 Prop 1 ro ect com to#ed prior to Prop iB funds) 2.04000 - 20, 00 Total $ 33,30 $ 0 $ 33#300 350-5678— Castillo DelMar Road Extensionl Vail .gy Road Drainag.9 Irrrrls Developer Contributions $650.,000 $650,000 Sales Tax�m ve to 1 , Benchmark, HIDA Ramps) 150,000 -29,500 20, 505 Prop I V 7,500 +29,500 37 Total $807,500 $ 0 $807v500 Agenda Item 8.g. Page 3 CITY COUNCIL CONSIDERATION of A PROGRAM of PROJECTS FOR THE CITY OF ARROYO GRANDE'S FY 2007 SHARE OF PROPOSITION 1 B FUNDS FEBRUARY Y 2 , 2008 PAGE 4 In order to increase General Fund reserves, it is recommended that General Fund monies budgeted for the GIS Database and Benchmark Survey be replaced with Local Sales Tax revenue currently budgeted for the Castillo Del lar project. These funds will be replaced with Proposition 1 B revenue. The primary addition will be the James Way Overlay, which can now be funded in this fiscal year. However, it will also require transferring funds from the EI Camino teal Pavement Rehabilitation project. Therefore allocation of future Local Sales Tac funds will need to be increased to fully fund this project. ALTERNATIVES: The following alternatives are presented for the Council's consideration: Recommended Al e ria i e: - Approve the program of projects identified by staff and direct staff to forward the program of projects plan to the DF in order for the City to receive $400#000 of Prop I E funds. •Modify the program of projects and direct staff to forward the modified program of projects plan to the D F in order for the city to receive $400,000 f Prop 1 funds. The primary alternatives identified by staff are to fully fund El Camino Real Pavement Rehabilitation project, or increase funding for pavement management projects, ADA ramps and/or sidewalk improvements. Do not approve a program of projects and do not receive $400,000 of drop 1 E funds. ADVANTAGES: By receiving the city's FY 2007-08 share of Prop 1 B funds and programming the funds on the projects identified by staff, it will fully fund the James Way Overlay project which has been designed and is ready for construction. The James Way project has been identified as the net highest priority pavement management project. It was originally programmed med in FY 2006/07, but has been delayed twice due to cost increases. DISADVANTAGES: By receiving the city's FY 2007!08 share of Prop 1 B funds and programming the funds on the projects identified by staff, it will not fully fund the future El Camino Real Pavement Rehabilitation Project. ENVIRONMENTAL TAL RE IEW: Environmental determination for the proposed program of projects will occur when the City council approves the plans and specs for each of the projects. Agenda Item 8.g. Page 4 CITY COUNCIL CONSIDERATION OF A PROGRAM OF PROJECTS FOR THE CITY OF ARROYO GRANDE'S FY 2007-08 SHARE OF PROPOSITION 16 FUNDS FEBRUARY 26, 2008 PAGE 5 PUBLIC NOTIFICATION AND COMMENTS: TS: The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The Agenda and staff report were posted on the city's website on Friday, February 22, 2008. No public comments were received. Attachments: 1. Spreadsheets presenting the City's FY 2007-08 Prop 1 E program of projects. jem:AA:1-:it of Arroyo rend - general conultjnl - adinitretirl�'rop Bun Docunt~lrop s Proarr Of Projects staff Report -9 -o,do Agenda Item 8.g. Page 5 H e'a H rs 2c 0 02 0 Rolo 0:3 co 0 M X3 3 0 0 0 ig 0 ilk Lm 0 c t c Q c . J CIL CL a CL �� CL CO 0M co D i�ca •V ATTACHMENT I 12 Agenda Item 8.g. Page 6 cm CL C c . OL 0 C Ll� .. ■ / 0 . t CL � Y� �„/ -0 :3 . V{ OL W • L C 2 0 0 ig 0 ilk Lm 0 c t c Q c . J CIL CL a CL �� CL CO 0M co D i�ca •V ATTACHMENT I 12 Agenda Item 8.g. Page 6 U) 0 0 L. 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CL LL � { 4 cc 0 _c_ CL c (D a16.. 0 C #o L LU V+ CL v C c r. - -C C C �'a'D'D M a, 0 � 10 :3O :3 LL L9 cc_ '+ ++3 = 0 0 CL X ■�, coco co co 1-1A S a. acm 2 2 2 0" � a. a. CL r { MCO 0 ��.+ '++ • a ■ 0 OW0 0 0 CL F- F 6w 0 Agenda Item 8.g. Page 8 RO INCORPQgATE A&Y 10, 1911 MEMORANDUM -qOF TO: CITY COUNCIL FROM. ROB STRONG, COMMUNITY MUNITY DE EL PME T DIRECTOR SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING A JOB DESCRIPTION AND SALARY FLANGE FOR THE PART TIME OFFICE ASSISTANT II POSITION DATE; FEBRUARY 26, 2008 RECOMMENDATION: It is recommended the city Council adopt a Resolution establishing a job description and salary range for the part time Office Assistant II position. FINANCIAL CIS L IMP CT: The requested change from a full time Office Assistant II position to two part time Office Assistant II positions wiII result in savings of a pp roximately $111000 in FY 2007-0 8 and $33,000 in FY 2008-09. BACKGROUND: The approved two-year budget for FY 2007-8 and 2008-09 provides for one full time Office Assistant II who serves as the Community Development Department's receptionist and assistant to the department's Administrative Secretary. In October 2007, the Office Assistant ' II requested maternity leave from the position and was scheduled to return to work in March 2008. In the interim, until recently, the department employed a full time temporary Office Assistant 11 through an employment agency, but budget constraints required the department to vacate the temporary position. The employee has now requested to return to work on a half-time basis only and remain at home with her neva baby part-time. As a result, the Community munity Devel pment Department proposes to eliminate the full-time position and create two 2 half time positions to serve the same functions. ALTERNATIVES. The following alternatives are provided for the council's consideration: Approve the request to eliminate the full-time Office Assistant II position and create two 2 half time positions. Do not amend the budget and risk loss of the current employee which would require recruitment and training of a new full time person. Provide other direction to staff, Agenda Item 8.h. Page 1 CITY COUNCIL CONSIDERATION of A RESOLUTION ESTABLISHING A JOB DESCRIPTION AND SALARY RANGE FOR THE PART TIME OFFICE ASSISTANT T II POSITION FEBRUARY 2, 2088 PAGE 2 ANALYSIS of ISSUES: The Office Assistant II position is currently vacant due to a request for maternity leave and the budget constraints that required the department to terminate a temporary full time replacement. This has placed temporary strain on the Administrative Secretary, who has no office Assistant. The Department has provided some relief by use of Planning Interns and assignment of Assistant Planner to serve as receptionist and provide office clerical assistance. However this temporary resolution cannot be sustained on a long -terra basis. The Department does not want to lose the excellent experience and performance of the current employee and is confident that her return on a half time basis is better than recruiting and training a neva full time person for this important position. The elimination of the full time position and the creation of two half time positions will enable the department to retain two well-qualified and experienced persons while also responding to the preferences of the potential returning staff member. Further, the change would provide for a budget reduction since the two half time positions would not provide for the sane fringe benefits as the single full time position. Since this will eliminate a position covered by SEW, they have been notified and are not opposed. At some point in time in the future, the position will likely return to full time. ADVANTAGES: The creation of two half time positions is responsive to the request of the current employee and also benefits the department's budget by saving full time position fringe benefits. DISADVANTAGES: If the two half time positions were not accepted by well-qualified and experienced persons, the department might need to propose return to a single full time Office Assistant II to maintain its current level of service. This would require reconsideration by the City Council in subsequent budget years. ENVIRONMENTAL REVIEW: The budget amendment does not constitute a project according to CEA and therefore no environmental review is required for this item. PUBLIC NOTIFICATION ANIS COMMENTS: TS: This budget amendment was initiated at the request of a current employee on maternity leave and does not involve any public notification. The Hunan Resources Manager and City Manager have coordinated with the SEW because the Office Assistant II position is represented by this union. Agenda Item 8.h. Page 2 RESOLUTION TION IVO. RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE ESTABLISHING A JOBS DESCRIPTION AND SALARY RANGE E FOF THE PART T TIME OFFICE ASSISTANT II POSITION WHEREAS, EAS, the City Council of the City of Arroyo Grande "City" deems it in the best interest of the City eliminate the full time Office Assistant II position in the Community Development Department and create two half time positions to enable the department to retain its current level of service; and WHEREAS, S, the City Council of the City of Arroyo Grande "City" deems it in the best interest of the City to establish a salary range for the part time Office Assistant II position; this position will be placed on a permanent part time employee salary schedule; NOW, THEREFORE E BE IT RESOLVED ED by the City Council of the City of Arroyo Grande that the position of part time Office Assistant ll is hereby established to perform the duties and responsibilities set forth in the job description of Office Assistant ll. E IT FURTHER RESOLVED that the salary range for part time office Assistant II position shall be as follows: POSITION START I YEAR 2 YEAS 3 YEARS+ PAY SERVICE SERVICE SERVICE Office Assistant 11 $15.82 $16.61 $17.44 $18.31 Per City Council Resolution 4035, a 3% COLA will be effective June 27, 2008 for all part time employees as follows: START I YEAR 2 YEARS 3 YE i S+ PAY SERVICE SERVICE SERVICE Office Assistant II $16.29 $17.11 $17.96 $18.86 On motion by Council Member following roll call Vote, to grit: AYES: NOES: ABSENT: , seconded by Council Member the foregoing Resolution was adopted this 26th day of February Zoo. , and by the Agenda Item 8.h. Page 3 RESOLUTION IVO. PAGE TONY FEAFA, MAYOR ATTEST: KELLY 1 ETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN [ASS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.h. Page 4 R INCORPORATED .AXY 10. 19111* To: CITY COUNCIL FROM: DOUG PERRIN, FACILITIES 44P, MEMORANDUM DIRECTOR of PARS, RECREATION AND SUBJECT: CONSIDERATION of A RESOLUTION APPROVING APPLICATION FOR LAND AND WATER CONSERVATION GRANT FUNDS FOR THE MEADOW CREEK PATH CONNECTION PROJECT DATE: FEBRUARY 2, 2008 RECOMMENDATION: l: The Parks and Recreation Commission recommends the City Council adopt Resolution approving filing of an application for Land and vaster Conservation Grant Funds for the Meadow Creek Path Connection Project. FINANCIAL IMPACT: The Meadow Creek Path Connection Project is estimated to cost $51,282. The City would be required to finance the entire project then be reimbursed up to 0% of the actual project expenditures. Park Improvement Funds would need to be allocated at the time the grant is approved and the contract awarded. Although the City must certify it has matching funds and can finance 100% of the project, no funding commitment is made at the time of application. BACKGROUND: The Federal Land and Water Conservation Fund L CF has allocated money to the State of Californias to be used for statewide planning, acquiring and developing of outdoor recreation areas and facilities. The State of California Department of Parks and Recreation office of Grants and Local Services OGALS administers the program. Although the State's apportionment is unknown at this time, applications are due by March 3, 200 8. At its February 13, 2008 ,meeting, the Parks and Recreation Commission ion prioritized three potential path projects to be considered for grant funding from the Land and Vater Conservation Fund. In addition, it recommended the City Council adopt a Resolution approving filing an application for Land and Water Conservation Funds. In order of priority, the three projects include: 1Arroyo Grande Creek Path Connection — illage to Post office, 2 Meadow Creek Path Connection - City of Arroyo Grande open Space, and 3 Arroyo Grande Creek Path Connection — Fair oaks Avenue to Cerro Vista Circle. Both the Arroyo Grande Creek Path Connection — Village to Post office and the Arroyo Grande Creek Path Connection — Faqir oaks Avenue to Cerro Vista Circle projects would require acquisition and development. However, subsequent to the Agenda Item 8.i. Page 1 CITY COUNCIL CONSIDERATION of ADOPTION of A RESOLUTION APPROVING APPLICATION FOR LAND AND HATER CONSERVATION FUNDS FOR THE MEADOW II C EES PATH CONNECTION PROJECT FEBRUARY 26, 2008 PACE 2 February 13, 2008 Parks and Recreation reation Corr mission meeting, staff learned that the allocated LWCF grant funds could not be used for both acquisition and development. Priority 2 is being recommended since the City owns the property on which the Meadow Creek Path Connection — City of Arroyo Grande Open space would be built. proposed creek side path along the Meadow Creek Tributary would run in a generally east west direction from the .James way oak Habitat, behind the oaks Park Leisure Gardens and K -Hart, proceeding southwesterly between K -Mart and the Casa Grande Motel and terminating at Oak Perm Boulevard. Consistent with the Parks and Recreation Element policies and trail system proposals, the trail would serve to function as an important recreation link for an overall Meadow Creek trail from the see through the Cities of Pismo Beach, Grover Beach and Arroyo Grande to the rural County lands. The City connection is included on a parcel that is currently owned by the City, serves as open space, and already includes a partial trail. Preliminary funding for this project is included below: TASK Description — Meadow Creek Trail Cost 1 1,600 lineal feet of 4 ft. wide pathway of decomposed $3 81A0 granite including erosion control and (predominantly $6/sq. ft. construction with some repair of existing trails 2 20 l.f: of post and rail, 4 ft. high fence, including 40 $6,000 lump sum posts and 960 if f of rail with 'wire mesh (near drainage basin) 10% Design and construction administration $41440 % Contingency Allowance $2,442 TLAL REQUEST $51)282 ANALYSIS of ISSUES: If approved by the City Council, staff= will submit an application to the California Department of Parks and Recreation. Applications are competitive and cities, counties and special districts are eligible to apply. The City must certify it has matching funds and can finance 100% of the project, of which up to % may be reimbursed. If recommended for funding, the City must complete the federal application requirements and allocate $517282 from the Park Improvement Fund. Agenda Item 8.i. Page 2 CITY COUNCIL CONSIDERATION OF ADOPTION of A RESOLUTION APPROVING APPLICATION FOR LAND AND WATER CONSERVATION VATION FUNDS FOR THE MEADOW CREEK PATH CONNECTION PROJECT FEBRUARY 26, 2008 PAGE 3 ALTERNATIVES: 1. Adopt the Resolution approving filing an application for Land and Water Conservation Funds; 2. Do not adopt the Resolution; or 3. Provide direction to staff. ADVANTAGES: This project will expand the City's trail system and will enhance access to the Meadow Creek natural open space area. It will also enable the City to take advantage of right- of-way dedicated for trail access by the Shep el Project. DISADVANTAGES: If Land and Water Conservation Fund Grant funding is approved, the City must allocate $51 282 from the Park Improvement Fund. A maximum of 50 % is reimbursable. ENVIRONMENTAL REMEVIG: No environmental review is required at this time. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, February 21, 2008. The agenda and staff report were posted on the City's website on Friday, February 22, 2008. Agenda Item 8.i. Page 3 RESOLUTION No. A RESOLUTION of THE CITY COUNCIL OF THE CITY of ARROYO o o GRANDE APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND GRANT; T; MEADOW CREEK PATH CONNECTION PROJECT WHEREAS, EAS, the Congress under Public Law -578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant -In -Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation reation is responsible for administration of the program in the state, setting up necessary rules and procedures governing Applications by local agencies ander the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation required the Applicant to certify by resolution the approval of Applications and the availability of eligible Matching funds prior to submission of said Applications to the State; and WHEREAS, the proposed Meadow Creek Path Connection Project is consistent with the most recent California outdoor recreation Plan (CORP); ; and WHEREAS, EAS, the Project must be compatible with the land use plans of those jurisdictions imrediately surrounding Project. NOW THEREFORE, E, BE IT RESOLVED that the City Council- of the City of Arroyo Grande hereby: Approves the filing of an Application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and 3. Certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project; and . Appoints the City Manager as agent of the Applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, Applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal lavers which may be necessary for the completion of the aforementioned Project. Agenda Item 8.i. Page 4 RESOLUTION NO. PAGE 2 On motion of Council Member , seconded by Council Member and on the following roil call Grote, to it: AYES: TOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2008. Agenda Item 8.i. Page 5 RESOLUTION N . PAGE TONY FERRARA, MAYOR ATTEST: KELLY I ETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY NEY Agenda Item 8.i. Page 6 ` INCORPORATE JULY 10. 1911 MEMORANDUM T: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR BY. KELLY HEFFERNI, ASSOCIATE PLANER SUBJECT: CONSIDERATION OF AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION F AN AFFORDABLE HOUSING IN -LIED FEE NEXUS STUDY; APPLICANT: CITY OF ARROYO GRANDE; LOCATION: CITYWIDE. IDE. DINE: FEBRUARY 2, 2008 RECOMMENDATION: It is recommended the city Council approve an Agreement with Tierra West Advisors for preparation of an Affordable Housing In -Lieu Fee Nexus Study in an amount net t exceed $22,500. FINANCIAL IMPACT: It is recommended that the Affordable Housing Ire -Lieu Fee News Study "Nexus Study" be funded through the city's RDA set-aside fund, which currently has a balance Of $1,226,138. Once the Nexus Study is completed and an in -lieu fee is established, the city will gain revenue from pending and future residential and mixed-use projects with an affordable housing in -lieu fee requirement. Municipal Code Section 16.80.050 defines how the Inclusionary Housing In -Lieu Fee is calculated, to be confirmed by the City Council periodically. No other financial impacts are projected from this recommendation. BACKGROUND: On December 11, 2007, the city Council repealed and replaced Chapter 16.80 of the Municipal Code to integrate the policies and programs of the 2005 Amended Housing Element regarding the City's inclusionary affordable housing requirements (see Aftachment 1 for Ordinance No. 595. The Ordinance requires that all residential developments or land subdivision projects of two or more units provide affordable housing units to be rented or sold to qualified Low, Moderate or Very Durr -income households. However, the Ordinance permits applicants to satisfy inclusionary housing requirements by payment of in -lieu fees or dedication of land rather than providingon- site affordable units. Agenda Item 8.j. Page 1 CITY COUNCIL AWARD of CONTRACT FOR AN AFFORDABLE BLE HOUSING IIS -LIEU FEE NEXUS STUDY FEBRUARY 2, 2008 PAGE On November 2, tog, the city Council authorized staff to issue a request for proposals (RFP) for a Zeus Study in order to ensure the in -lieu fee is developed and established consistent with all legal requirements. ANALYSIS SIS of ISSUES: Inclusionary affordable housing requirements may be met by payment of an in -lieu fee paid into the affordable housing trust fund for housing projects of up to fire units. Fees are required to be paid prior to issuance of the first ministerial permit and may be made for each phase of a phased project. The City currently requires compliance on case-by-case basis and has based fees on State affordable housing and cost of construction standards. Calculating fees has been challenging due to changing standards and costs of construction and applicability to diverse projects. The purpose of the Nexus Sturdy is to ensure the in -lieu fee is established consistent with all legal requirements. The scope of work for the Nexus Study is as follows: Analyze current and projected local housing costs for all residential units, including rental and ownership housing for mixed use, apartments, condominiums and single-family residential units in the City of Arroyo Grande. Include recommendations for use of either C.PI, Engineering New Index or other fee escalator methodology. Provide methodology for calculation of in -lieu fees for Very Lour, Low and Moderate -income groups as established by the California Health and Safety Code Sections 50052.5 through 50053 and qualified for inclusionary affordable housing units ander the Inclusionary Affordable Housing Ordinance. Review rr the affordable gap analysis ars follows: o Identify target levels as indicated above. o Calculate maximum affordable monthly housing costs by income level and household size. o Define affordable housing expense for renters and owner. o Calculate 'tire affordability gap between the market -rate and affordable -rate housing. o In discussion with city staff, investigate the possibility of City participation as part of the gap calculation. Provide estimates of total costs to City and potential revenue sources ars part of the analysis. Prepare a report to provide a defensible and reasonable nexus between the in - lieu fee and the need to meet affordable housing goals. Provide twenty 20copies of the final report to the City. Commence the in -lieu fee study by attending an initiation meeting with City staff to review the study's scope, process. and schedule. Plan to attend at least two 2 additional meetings with staff and at least two 2 public hearing meetings with the Planning Commission and City Council. Confer and consult ars needed with agency special legal council, City Attorney and staff. Agenda Item 8.j. Page 2 CITY COUNCIL AWARD of CONTRACT FOR AN AFFORDABLE HOUSING IN -LIEU FEE NEXUS STUDY FEBRUARY 26, 2088 PACE The FFP was sent to twelve 12 firms onJanuary 15, 2008. The City received two proposals, one from Pacific Municipal Consultants PMC with a cost proposal of $35,920, and one from Tierra West Advisors with a fee quote not to exceed $22,500. Both firms are highly qualified to perform the Zeus Study; however, given the considerable cost difference between the two proposals ($'13,420), staff recommends approving an agreement with Tierra West Advisors. Tierra West Advisors has performed other prior affordable housing work for the City, which staff has been very satisfied with. A copy of their proposal is included as Attachment 2. ALTERNATIVES: The following alternatives are offered for Council's consideration: - Approve an agreement with Tierra West Advisors for preparation of an Affordable Housing In -Lieu Fee Zeus Study in an amount not to exceed $22,800; - Approve an agreement with PMC for preparation of a Nexus Study in an amount not to exceed $35,920; - o not approve an agreement at this time and direct staff to send out another request for proposals (RFP); - Reconsider the authorization to issue an IFP for a Nexus Study; or - Provide other direction to staff. ADVANTAGES: The following are positive aspects of approving an agreement with Tierra flet Advisors to establish an accurate housing in -lieu fee with respect to the goals and policies of the city: The City will have an established and legally defensible affordable housing in -lieu fee than will help make up the difference between market rate and affordable units. Approving an agreement with Tierra West instead of PMC will save the City $13,420. DISADVANTAGES: The City will be paying for an Affordable Dousing In -Lieu Fee Nexus Study at a time when the City's budget is restrained, ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The Agenda and report were posted on the City's website on Friday, February 22, 2008. No public comments were received. Agenda Item 8.j. Page 3 CITY COUNCIL AWARD OF CONTRACT FOR AN AFFORDABLE HOUSING IN -LIEU FEE NEXUS STUDY FEBRUARY 26, 2008 PAGE 4 Attachments: 1. Ordinance No. 595 2. Proposal from Tierra West Advisors ACommunity velopm ntlPRO JE T I PE I LIH U I I —I UES\4FF I D BLE—HOU II I u tud 1 -26-08 CC Staff epork.do Agenda Item 8.j. Page 4 ATTACHMENT 1 ORDINANCE 595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING AND REPLACING CHAPTER 16 80 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ClTY'S INCLUSIONARY AFFORDABLE HOUSING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS SECTIO FINDINGS AND PURPOSE The City Council finds and declares A Renal and owner -occupied housing in the City has become steadily more expensive Housing costs have gone up faster than incomes for many groups in the community B Many persons who work in the City who have groom up or have faintly ties in the City who already live in the City but must move, or who rnnsh to live in the City for other reasons, cannot afford housing in the City C Federal and State government programs do not provide nearly enough affordable housing or subsidies to sabsiy the housing needs of moderate, low or very low income households 0 Rising land pnces have been a key factor in preventing development of new affordable housing New housing construction in the City that does trot include affordable units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land This reduces the supply of land for affordable housing and increases the pnoe of remaining residential hand At the same time, new housing oontnbutes to the demand for goods and services in the City, increasing local service employment at wage levels which often do not permit employees to afford housing in the City Providing the affordable units required by this chapter will help to insure that part of the City's remaining developable land is used to provide affordable housing E The City wishes to retain an economically balanced community, with housing available to very low income, low income and moderate income households The Crtys General Plan implements the established policy of the State of California that each community should foster an adequate supply of housing for persons at all economic levels Agenda Item 8.j. Page 5 ORDINANCE NO 595 PAGE 2 F An economically balanced community is only possible if part of the new housing built in the City is affordable to households with limited incomes Requiring builders of new housing to include some housing affordable to households at a range of incomes is fair, not only because new development without affordable units contributes to the shortage of affordable housing but also because zoning and other ordinances oonceming new housing in the City should be consistent with the community s goal to foster ars adequate supply of housing for persons at all economic levels SECTION 2 CHAPTER 16 SD "Affordable Housing Requirements" Chapter 16 80 of Title 16 of the Arroyo Grande Municipal Code entitled "Affordable Housing Requirements , is hereby repeated and replaced in its entirety as follows Chapter 16 80 Inclusionary Affordable Housing Requirements 1680010 Purpose 1680020 Definitions 1680030 Applicability 1680040 Provision of Housing tnaieu Fee. or Dedication of Land 1680050 Calculation of Housing or In-Iieu Fee 16 80 060 Implementation 1680 070 Affordable Housing Trust Fund —Deposit 16 80 080 Affordable Housing Trust Fund — Administration 1680090 Project Approvals 1680100 Regulations 1680120 Application To Density Bonus Calculations 1680130 Adjustment to Avoid Unlawful Exaction or Taking 18 80 010 Purpose The purpose of this chapter is to provide a continuing supply of affordable housing ends to meet the needs of existing and Mure Arroyo Grande residents in all income categories pursuant to the requirements of California state law, and as ouVmed in the qty's adopted housing element 16 80 020 Deftnit ons The definitions of this section and of Section '1604 070 shall govern this chapter "Affordable housing Dost" has the same meaning as defined in Section 50052 5(b) of the Caldomia Health and Safety Code In addition, the City Council may adjust the definition of "affordable housing costs" as d applies to owner -occupied housing in the regulations, provided that such adjusbnents are consistent with the optional provisions of Sections 50052 5(b)(3) and/or 50052 5(b)(4) of the Caldomia Health and Safety Agenda Item 8.j. --- Page 6 PAGE 3 Code Those expenses bated in Tale 25 of the California Code of Regulations Section 6920, shall be deducted from, the affordable housing costs for owner -occupied housing For tenant -occupied renal housing, "affordable housing cost" shall have the same meaning as the term "affordable rent" as that term is used for each income level in Section 50053(b) of the Caldomia Health and Safety Code Affordable housing costs for rental housing shall include a reasonable utility allowance, as such utility allowance may be adopted by the City Council from time to time in the regulations In addition the City Council, in the reguiabons, may adjust the definition of "affordable housing costs" as 4 applies to rental housing, provided that such adjustments are consistent with the optional provisions of Sections 50053(b)(3) and/or 50053(b)(4) of the California Health and Safety Code "Affordable housing urnts" means units governed by a legal covenant or other restriction enforceable by the city restncting the aVailability of the units to lower income and very low income residents, which units are rented or sold to lower income or very low income households as defined in this subsection "Developer" means an applicant for an approval or a permit required for a residential subdivision or to construct a residential development project "Housing untr means one or more rooms, designed occupied or intended for occupancy as separate living quarters, with full coolung, sleeping and bathroom facilibes for the exclusive use of a single household "In -lieu fee" means a fee paid to the city by a developer subject to this chapter in -lieu of providing the required affordable housing units "Lower income households" means those households defined in Section 50079 5 of the California Health and Safety Code Moderate Income" or "persons and families of moderate income means those middle.* income famUms as defined in Section 50093 of the Calrfomia Health and Safety Code "Project" means a residential development or land subdivision proposal for which city permits and approvals are regwred "Redevelopment Agency" means the Arroyo Grande Redevelopment Agency, a public body, corporate and po1ft organized and existing under the Califomia Commurnty Redevelopment Law (Health & Safety Code Section 33000 et seq ) "Regulations" means the adopted regulations implementing this Chapter as provided in Section 16 80 100 "Substantial rehabilitation" or "substantially rehabilitated" means the substantial rehabilitation of a dwelling unit(s) as defined in section 33413(b)(2)(ry) of the California Health and Safety Code Agenda Item 8.j. Page 7 PAGE "Very low income household" means those households defined in Section 50105 of the California Health and Safety Code 16 80 030 Applicability of inclusionary Affordable Housing Requirements This chapter shall apply to the construction of any new residential project of two (2) or more housing units or the substantial rehabilitation of two (2) or more housing units, and shall also apply to any development that results from the conversion of two (2) or more existing rental housing urnts to ownership unds or from such conversion of two (2) or more ewshng housing units from an exempt use to a nonexempt use A project consisting of one (1) single family residence and/or a secondary dwelling on the same existing parcel shall be exempt from the requirements set forth in this chapter 76 80 040 Prowsion of Affordable Housing, In-heu Fee, or Dedication of Land The developer shad meet affordable housing requirements by providing on-site affordable housing units meeting the standards set forth in this chapter, or paying a fee in -lieu of providing such housing, or dedicating land to the cdy to be used for development of affordable housing Payment of an in -lieu fee or the dedication of land shall be allowed pursuant to this chapter of the city council finds that any of the following circumstances apply A The provision of the required affordable housing urttts on the site is impractical for physical reasons including, but not limited to, the following utility infrastructure limitations, traffic safety or traffic capacity limitations site design constraints which preGude the development of the property to city standards at the density permuted pursuant to the general plan or zoning distnct in which the property is located, or B The city caunal determines that the payment of in -lieu fees or the dedication of land will provide a superior opporturnty to satisfy the goals and policies of the general plan or C The payment of in -lieu fees or the dedication of land to the city will provide an equivalent level of mitigation to that of on-sde production of the required affordable housing units, or D Noiwdhstanding the foregoing a project consisbng of two (2) to four (4) residential units may sabsty the inclusionary requirements by payment of an in -lieu fee as established by city council 16 80 050 Calculation of Inclusionary Affordable Housing Requirement or In4lieu Fea Or Dedication A Housing unit projects to which this chapter applies must provide for the following number of affordable housing urns Agenda Item 8.j. Page 8 VASE 1 Provision of affordable housing units of at least 5% very -low income units, or 2 Provision of at least 10% lower income unrts, or 3 Provision of at least 7596 moderate income unds where the proposed project is planned for rental units or urnts that are not developed as a common interest development pursuant to Civil Code sec#ion 1351, or 4 An equivalent combination as determined by the community development director B In -lieu of including the affordable housing units in the protect pursuant to paragraph A of this Section 76 80 050, an applicant for a housing unit project may meet the requirements of this chapter by payment of an in -lieu fee in accordance with fee amounts and standards adopted by the city council in the regulations implementing this chapter Payment of the inAeu fee shall be made as follows I The amount of the fee shall be calculated using the fee schedule established by resolution of the city council 2 The m-Jieu fee required by this section steall be paid pnor to issuance of the first mirnstenal penmit, including but not limited to a grading, demolition, or building permit, for all or any part of the project Payment may be made for each phase of a phased project before the issuance of the grading or budding permit for such phase, as applicable 3 The in -lieu fee collected shall be deposited in the affordable housing trust fund pursuant to Section 1680 070 C In -lieu of including the affordable housing units in the project pursuant to paragraph A of this Section 16 80 050, an applicant for a housing und:project may meet the requirements of this chapter by dedicating land to the city when land dedicaiion is deemed suitable by the city council, pursuant to Section 16 80 040 Such land shall be offered in fee to the city or to another public or non-profit agency approved in wrtng by the city 16 80 060 Implementation A A wntten housing development agreement, in a form approved by the city, shall be entered into between the c.rty and the developer pnor to final approval of a subdivision map, or issuance of a building permit, as applicable This agreement will set forth the deveiopees plan to meet the requirements of this chapter and the qty's approval of that plan Any housing development agreement, deed restriction, or other instrument used to implement this chapter shall be signed by the applicant and by the city as parties If the housing unit project is located within any redevelopment protect area within the city such housing development agreement deed resfinction or other Agenda Item 8.j. Page 9 PAGE instrument shall be signed by the Redevelopment Agency as a party or, at the Redevelopment Agency's election, the housing development agreement, deec restriction, or other instrument shall identify the Redevelopment Agency as an express third -party beneficiary with the nght to enforce the temps of such housing development agreement, deed restnction, or other instrument B Affordable housing units shall be reserved for very -low, low, and moderate income households at the rdbos established pursuant to section 16 80 050, and shall be provided at the applicable affordable housing cost 1 An affordable housing unit that is for rent shall remain reserved for, and occupied by, the target income level group at the applicable affordable housing cost for a penod of at least fifty-five (55) years 2 An affordable housing and that is an owner -occupied unit shall remain reserved for and occupied by the target income level group at the applicable affordable housing cost for a penod of at least forty-five (45) years C All affordable housing units (whether required by this chapter or provided on a voluntary basis) shall be reasonably dispersed throughout the project, shalt be proportional, in srze, bedroom number and location to the market -rate units and shall be comparable with the market -rate units in terms of the base design. architectural appearance, building matenais and finished quality All affordable housing units in a project shall be constructed concurrently with or pnor to the construction of the market- rate arketrate units In the event the city approves a phased project, the affordable housing units required by this chapter shall be provided within each phase of the residential development project unless otherwise approved by the community development director D If the number of affordable housing units required for a project includes a fraction of a unit, the developer shall round to the closest whole number unit for purposes of both providing affordable housing units or paying an in -lieu fee 1680 070 Inclusionary Affordable Housing Trust Fund —Deposit Affordable housing in -lieu fees paid pursuant to this chapter shall be deposited in the affordable housing trust fund and used solely to increase the supply of affordable housing units Funds to the affordable housing trust fund may be used to better facilitate the improvement of the city s affordable housing stock as well as the provision of nem affordable units 1680 080 Inclusionary Affordable Housing Trust Fund — Administration Subject to the limftabons set forth ,n Section 16 80 070, the affordable housing trust fund shall be administered under the general supervision of the community, development director, and pursuant to the regulations as the city council shall adopt Agenda Item 8.j. Page 10 rc t and/or amend from time to time The community development director shall make annual reports to the city council regarding the administration and status of the affordable housing trust fund The city oouncd may include in the regulations provisions govemmg the admmistrabon of the affordable housing trust fund consistent with the provisions of this chapter 76 80 090 Project Approvals And Enforcement A No new housing unit project, residential subdivision, general plan amendment and/or rezoning of land for residential purposes or other land use authonzarbon related thereto, may be approved unless the requirements of this chapter have been met 8 The caty may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including but not limited to (i) actions to revoke, deny, or suspend any permr#, including a building pennrt, certificate of occupancy, or discretionary approval, and (ii) actions for injunctive relief or damages In any action to enforce this chapter or a housing development agreement entered hereunder, the city shall be errtided to recover its costs, including but not limited to attorney's fees and Iftabon costs 16 80100 Regulations The city council shall adopt regulations dor the implementation of this chapter The crty council may also include an the regulations provisions allowing for the city's recovery of reasonable fees and deposits for the administration of this chapter 1680 720 Application To Density Bonus Calculations In the case of a housing unit project for which a density bonus is sought pursuant to California Government Code section 65915 and Chapter 16 82 of this Code, the construction and reservation of indusionary affordable housing pursuant to this chapter shatl apply to the base number of units proposed, exclusive of the units that would be added by the density bonus Inclusionary housing units provided pursuant to this chapter, however, will only count towards the qualification of a densly bonus under Government Code sechon 65915 if such inclusionary units otherwise qualify under the temps of that Government Code section 16 80 130 Adjustment to Avoid Unlawful E I n orTaking A A developer of any project subject to the requirements of this chapter may appeal to the City Council for a reduction adjustment, or waiver of the requirements of this chapter based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of the fee changed or the inclusionary requirement The purpose of this section is to ensure that no unlawful exachons or takings occur as a result of implementing the terms of this chapter Agenda Item 8.j. Page 11 ORDINANCE O 595 PAGE B Any such appeal shall be made in writing and filed with the city cleric not later than ten (90) days after imposition of the fees or imposition of the inclusionary affordable housing requirements objected to The appeal shall set forth in detail the factual and legal basis for the claim of waiver reduction or adjustment The City Council shall consider the appeal at the public hearing within sixty (60) days after the filing of the appeal The appellant shall bear the burden of presenting substantial evidence to support the appeal including comparable technical information to support appellants position for reduction adjustment or waiver The decision of the City Council shall be final SECTION 3 A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk Whin fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordnance shall be published again and the City Clerk shall post a certified copy of the full text of such adopted Ordinance SECTION 4 This Ordinance shall become effective thirty (30) days after the date of its adoption On motion of Council Member Fellows seconded by Mayor Pro Tera Arnold and on the following roll call vote to -wit AYES Council Members Fellows, Amold Guthrie, Costello, and Mayor Ferrara NOES None ABSENT None the foregoing Ordinance was adopted this 11 t' day of December 2007 Agenda Item 8.j. Page 12 ORDINANCE NO 595 PAGE 9 ,-L -� L TONY FER MAYOR ATTEST r KELLYTM E, CITYCLERK APPROVED AS TO CONTENT STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM TIMOTHY J CAKw= CITY ATTORNEY Agenda Item 8.j. Page 13 OFFICIAL CE IFICATI I I. KELLY WETMORE, 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 attached is a true full, and correct copy of Ordinance No 595 which was introduced at a regular meeting of the City Council on November 27. 2007, was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 711' day of December 2007, and was duly published in accordance with State taw (G C 40806 WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 131' day of December 2007 KELLY)WE#O CITY CLERK Agenda Item 8.j. Page 14 ATTACHMENT 2 Proposal For Preparation of an Inclusionary Housing In - Lieu Fee Nexus Study CITY OF ARROYO GRANDE Tierra West Advisors Real Estate and Redevelopment Consultants Contact: .Tose 0meteot15 Director Phone: 626.824-1359 Fax: 626.796.5488 Address; 2616 East P St. Los Angeles, CA 90033 Email: 'jometeotl@tierrawestadvisors.com Web: www.tierrawestadvisors.com Contact; Tim Mulrenan., Director Phone: 714.609. 808 Fax: 626.796.5488 Address: 2616 East 3dSt. Eos Angeles, CA 90033 Email: t ulrea.@tieffawestadvisors.com Web: www.tierrawestadvisors.com Agenda Item 8.j. Page 15 January 29 2008 Ms. Ketly Heffernon, AJCP Associate Planner Community Development CITY of ARROYO GRANDE 214 East Branch Street Arroyo Grande, CA 93421 PROPOSAL FOR PREPARATION of INCLUSIONARY HOUSING IN -LIEU FEE NEXUS S'T'UDY To JUSTIFY FEES Dear Ms, Heffernon, Tierra west Advisors, Inc. (Tierra west) welcomes the opportunity to present the attachedro osal p p to provide consultant services to the City of Arroyo Grande ("City"). It is our understanding that the City requires consultant assistance in the development of an inclusionary housing in -lieu fee nexus study to develop a legally appropriate, reasonable and accurate methodology for calculation of in -lieu fee payments as part of the City's Inclusionary Housing Ordinance. The staff of Tierra Nest has extensive experience in affordable housing feasibility and nexus studies. Vierra west frequently provides clients with affordable housing program design, implementation, and administration. Our staff has developed numerous nexus studies, housing strategy plans, prepared project pro forma analyses and conducted developer negotiations for client agencies in the development of affordable housing wits. Through our extensive experience in all aspects of affordable housing, Tierra west's staff is completely familiar with the issues involved in developing an in -lieu fee study, the laws relating to affordability, and the process and regulations involved with the development of affordable housing units. Current contracts include working wi Ms. Felly H ff rnon, AICP, Associate Planner City of Arroyo Grande January 29, 2008 Page 1 SCOPE of SERVICES -- INCLUSIONARY HOUSING Ili -LIEU FEE NEXUS STUDY L Data Collection and Scoping Meeting (1-2 weeksfrom contract execution The project tearn will hold a scoping meeting to review, comment, and refine the proposed inclusionary housing in -lieu fee program, specific to the city of Arroyo Grande and determine the parameters and criteria for the inclusionary housing in -lieu fee program including the provision of voluntary/mandatory inclusionary housing production. Tierra west will analyze current and projected local housing costs for both for sale and rental housing. The project team will categorize data by unit size (bedrooms), type (rental/for sale/condo/single family/new/resale) and provide to the City a recommendation on the methodology for ensuring that the in lieu fees remain consistent with housing costs. if. Develop In -Lieu Fee Nexus Study and Develop a Metirodolo,gyfor Cakulating Fees (3- 7 weeksfrom om a tr ac execution) The project team will develop a methodology for calculating in -lieu fees for the various income groups identified in the California Health and Safety Code Sections 50052.5 through 50053 arra the Inclusionary Affordable Housing Ordinance. An exhaustive affordability gap analysis will be conducted, as it relates specifically to the City. Data gathered from the affordability gap analysis will be used to develop the methodology for residential for sale and for rent prototypes. A detailed analysis with complete project budgets will also be prepared to illustrate the financial impact to the City if it wishes to assist with meeting the affordability gap. Revenue sources will be explored and identified. IL Prepare Draft Report on the Affordable Housing In -Lieu Fee Nexus Study (8-9 weeks from contract execution) draft news study report outlining the methodology and projected fee structure will be provided in triplicate to staff for review and comments. A defensible nexus study will be included in the draft report which links the proposed in -lieu fee arra need to meet affordable housing goals. The draft report will also include (raft Regulatory and Resale Restrictions/Equity Share Agreements for properties which will be providing inclusionary housing. Once comments are received from staff, a modified staff' report will be prepared. I V. Prepare Draft Report on the� � fordable Housing In -Lieu Fee Nexus Study (10 weeks .from contract exee i rr Prepare and provide three copies of a modified draft report, and submit to staff` and legal council for review and comments. V. Prepare Final Report on thef� orda ►le Housing hi -Lieu Fee Nexus Study (12 weeksfront contract execution) Prepare and provide twenty copies of the final report and digital files for public hearing. Agenda Item 8.j. Page 17 Ms. Kelly H ffernon, AICP, Associate Planner City of Arroyo Grande January 2, 2008 Page FEE QUOTE —INCLUSIONARY HOUSING IN -LIEU FEE NEXUS STUDY Tierra west will undertake the activities presented for a fee not to exceed of $22,00. This includes attendance at two 2 meetings with City Staff and attendance at two 2 public hearings to present draft findings and the completed report. Tierra west staff will provide three copies of all draft reports/documents and twenty hound copies of the final report. The final report will also be provided to the City in MSWord format on a CD-ROM. M. Meetings beyond the four identified will be billed outside of the not -to -exceed amount. Any changes to the scope or additional work will be formalized via memo and will require wri Ms. Felly Heffemon, AICP, Associate Planner City of Arroyo Grande January 29, 2008 Page staff has prepared analysis of inclusionary requirements, in -lieu fee programs and inclusionary ordinances for the cities of Fontana, San Jacinto and Redlands. PROJECT TEAM Tierra west is comprised of educated and experienced professionals who are sensitive to issues facing local government. All of our key professional personnel have established strong reputations for their contributions to the advancement of their respective clients and have extensive redevelopment work experiences serving as staff for local government. The Project Team for this assignment includes Jose Ometeotl,, Director, who will manage all aspects ofthe engagement and make the required presentations to staff and City Council. Regan Candelario, Associate will assist Mr. Ometeotl in the preparation of the Inclusionary Housing In -Lieu Fee Program and serve as Project Manager for this portion of the assignment. Mr. Ometeotl and Mr. Candelario will be assisted by Jesse Sauedo and Liliana 1longe, Analysts, who will collect all necessary information and assist in data analysis. Mr. Ometeotl will serve as the City's main contact for communication and coordination. Resumes of the Project Team are attached. COMPANY INFORMATION IATION John Yonai previously served as the Partner in charge of real estate at Rosenow Spevacek Group, Inc. a redevelopment consulting firm for 16 years. In September 2006, after 16 years, John Yon i decided to leave losenow Spevacek Group and expand the services and scope of Tierra west Real Estate Consultants. At this point Tierra west Real Estate Consultants brought on partners and reorganized itself as Tierra west Advisors to include the following services: Redevelopment plan amendments and adoptions, Required reporting requirements — 5 Year Implementation Plans, 10 year Housing Compliance Plans, annual Statements of Indebtedness, State Controller's report, Monitoring Deed Restrictions and annual agency budgets Real estate acquisition Real estate economic analysis Economic Development Plans and Strategies Housing Program development and implementation Planning — current and advanced planning, and assisting private clients through entitlement Financial Consulting — bond issuance consultant reports Governmental services — classification compensation surveys and analysis, Parks Master Plan analysis, interim management and project management staffing The Tierra west Advisors consultant team brings our clients a wealth of knowledge in program management services ---not only from our collective years in providing consulting services, but also our first-hand experience in project management, development, and project design. Agenda Item 8.j. Page 19 Ms. Kelly Heffernon, AICP, Associate Planner City of Arroyo Grande January 2, 2008 Page Terra West professionals include* John Yonai, Principal Michael Garcia, Director Rose Acosta, Director Jesse Saueedo, Analyst Liliana Monge, Analyst Silvestre laJ era, Research Assistant Insurance 'overage's include: Tire Mulrenan, Principal Jose Ometeod, Director Regan Candelario, Senior Associate Zoe Urruti , Senior Analyst Alexandra Bassanetti,, Technician Commercial General Liability — Each Occurrence $2,000,000, General Aggregate $43,0009000 Automobile — Combined Single Limit - $25MO,000 Workers Compensation and Employers Liability — Each Accident 1,000,000 Commercial Errors & Omissions — per claim & Aggregate $2,000,000 Tierra West's contact in00 r ma is: Tierra West Advisors 2616 East Third Street Los Angeles, CA 90033 Telephone: (626) 665-1224 Facsimile: (626) 796-5488 Electronic flail: ivonai@tierrawestadvi'sors.com CLIENT REFERENCES The following is a list of current references from cities and redevelopment agencies that have commissioned the principals of Tierra Vest for assistance with housing program development, fiscal consulting for bond issue, acquisition services, project economics, DILA drafingnegotiations, Reuse Analyses and Summary Reports, loan agreements, planning, housing developments, or other redevelopment services. City of Atascadero Redevelopment Agency Project: Affordable Housing Policy and Strategy Development. Tierra West is in the process of completing an educational outreach effort for commissioners and elected Officials in Atascadero, The City of Atascadero has also requested that Vierra West prepares documents and make presentations regarding housing program recommendations and the new proposed Housing Policy at City Council meetings. ($32,000 - December 2007) Assigned Staff: Michael Garcia, Regan Candelario and Zoe Urrutia Agenda Item 8.j. Page 20 FIs. Kelly Heffernon, AICP, Associate Planner City of ,Arroyo Grande January 2, 2008 Page Contact Person: Martin "Marty"' Tracey, Deputy Executive Director, and warren FraceCommunity , Development Director City Hall, 6907 El Camino Real, Atascadero, CA 93422 805.470.3460 City of Commerce Community Development Commission Project: Affordable Housing educational presentations and a Housing Policy Strategy Program are projects currently in process for Commerce. Tierra West is also in the process of developing the i nplcm ntation plan for a home improvement grant program for the City of Commerce to assist targeted neighborhoods who have serious environmental issues associated with adjacent uses. The City of Commerce has also requested that Tierra west prepare a Housing Programs Implementation plan and presentation to be used at a City Council study session. on call services contract expected budget $40,000) Assigned Staff: John Yonai, Jose Ometeotl, and Regan Candelario Contact Person: Robert Zarrilli, Conununity Development elopment Director and Alex Hamilton, Assistant Community Development Director 2535 Commerce way, Commerce, CA 90040 323.722.4805 City of Bell Gardens/Redevelopment Agency Project: TWA staff provides analysis to identify feasible housing projects to meet their housing obligations and analyzes affordable housing development proposals.(On call services contract, expected budget $30,000 - December 2007) Assigned Staff: Michael Garcia, Tire Mutren n and Litiana Monge Contact Person: John ornelas, City manager and Carmen Morales, Interim Director ofCity Development 7100 South Garfield Bell Gardens, CA 90201 562.806.7700 City of Glendale Housing Authority Project: TSTA staff currently works with the Authority to identify feasible housing projects to meet their housing obligations and analyzes affordable housing development proposals. n call services contract expected budget $40,000) Assigned Staff: Tim Mulrenan and Zoe trrutia Contact Person: 1ladalyn Blake, Director of Housing Peter Zov k, Housing De elopmcnt 141 North Glendale Avenue, Room 202, Glendale, CA 91206 18.548.2060 Agenda Item 8.j. Page 21 Ms. Kelly H f ernon, AI P, Associate Planner City of Arroyo Grande January 2, 2008 Page 6 City of Azusa Redevelopment Agency Project; Tierra west staff currently works with the Agency to create a housing Program that targets the housing needs of the city's residents and at the sane time helps the Agency meet its housing obligation in the most cost effective manner. Staff ` serves as Redevelopment Project Manager and provides assistance identifying feasible housing projects to meet their dousing obligations and analyzes affordable housing development proposals. on call services contract expected annual budget ,000 Assigned Staff: Jose Ometeod, Liliana Monge and Regan Candelario Contact Person: Bruce Coleman, Director of Conununity Development Francis DeLach, City Manager 213 East Foothill Blvd., Azusa, CA 91702-1295 626.812.5236 City of Lynwood Redevelopment Agency Project: TWA staff' provides analysis to identify feasible housing prof e t to meet their housing obligations and analyzes affordable housing development proposals.(On call services contract expected annual budget $28,000) Assigned Staff: Timothy Mulrenan, Jose o eteotl and Zoe Urrutia Contact Person: Lorry Hernpe, Economic Development Director City of Lynwood 11330 Bullis Road, Lynwood, CA 90262 310.603.022 Other current clients include the Cities of Artesia„ Big Bear Lake, Covina, Desert Hot Springs, Huntington Beach, Riverside, Pasadena, Pomona, Rancho Cordova, Rancho Palos Verdes, Redlands, and Rosemead. The partners of Tierra west Advisors have provided consultant services to a variety of Clients including, but not limited to: Cities: Baldwin Park, Bell, Bell Gardens, Brea, Burbank, California City, Carson, Covina, Culver City, Diamond and Bar, El Cajon, El Monte, El Segundo, Fontana, Fresno, Huntington Park, Inglewood, Irwin dale, La Puente, La Quinta, La Verne, La Puente, Long Beach, Lake Forest, Los Angeles, Lynwood, Maywood, Montclair, Monterey Park, Palm Desert, Palm Springs, Pasadena, Perris, Pittsburg, Sacramento, San Diego, San Gabriel, San Jacinto, San Marcos, Santa Monica, Simi Malley, Sonoma, Sparks — Nevada, Stockton, Upland, Westminster, west Covina, west Hollywood, and Yorba Linda. Cour lRe TonalAgencies: County of Los Angeles, orange County Development Agency, and Orange County Fire Authority, Inland Valley Development Agency, and the Pasadena Blue Line Construction Authority Private Entities; Barhan, LLC, Del Rey Properties, The Hennessey Group, Limoneira Company, Mar Ventures, Picerne Properties and Signature Properties. Agenda Item 8.j. Page 22 Ms. Kelly He fernon, AI P, Associate Planner City of Arroyo Grande January 29, 2008 Page Resumes and a list ofthe services offered Tierra Westpersonnel available to serve on assignments for the C'itw follow in the exhibits. Agenda Item 8.j. Page 23 Ms. Kelly H ffernon, AICP, Associate Planner City of Arroyo Grande January 29, 2008 Page 8 EXHIBIT LIST OF SERVICES A. IMPLEMENTATION AGREEMENTS L Develo meat Planning and Analysis: Vierra west is available to provide development planning and analysis for specific project undertakings. Typically, this would involve preparation of a Design for Development for adoption by the City that sets the basic par rneters for proposed development. The options available to the City for development of a specific site can be analyzed to determine the optimal outcome and a recommended project. . Development Pro Forma Analysis./Negotiation: Tierra west is available to provide project financial pro fornnas for potential redevelopment projects to assist the City in determining the uncial viability of a project and determine the degree of participation which may be required y the City. Tierra west is also available to assist with developer negotiations as needed. Agreement Pr aration: Vierra West is available to assist City staff and legal counsel in the drafting of agreements (typically, Disposition and Development Agreements or owner Participation Agreements). These agreements outline the responsibilities of both the proposed owner/developer and the City. 4. Agreement Processing: Tierra west is available to prepare the back-up materials, agenda staff` report, and summary report required by redevelopment law) and assure that pro pnoticing and per g bearings are held in conformance with law. B. AFFORDABLE HOUSING PROJECTS L Corehensi nnve Strategy: Tierra west is available to assist with the preparation of comprehensive affordable housing strategy. This could be done in coordination with the updating of the Five -Year Implementation Plan. . Spgcific Project/Site Identification: The City has specific requirements to rehabilitate and develop new affordable housing. It may behoove the City to identify specific projects and sites that could be utilized for this purpose. . l evelo er Selection/Negotiation: Tierra west is available to assist in the developer selection process, as well as in negotiating terms and agreements for future housing development. 4. Finances: Tierra west has a background in developing various financing alternatives, risking use of low to moderate housing set-aside funds, tax allocation bonds, tax credit opportunities, and other revenue bond formats to assure the most efficient and effective way of leveraging City funds for the development of housing. C. REAL ESTATE SERVICES Tierra west is available to perform real estate related services. These services include, but are not limited to: Agenda Item 8.j. Page 24 Ms. Felly Heffernon, AICP, Associate Planner City of Arroyo Grande January 2, 2008 Page 9 1. root/ rtv Acquisition/Negotiation: Implementation programs frequently require property acquisition and negotiation services. Tierra west is available as needed to provide such services. All services will be provided in conformance with State guidelines regulating the acquisition of properties by public entities. . Relocation: From time to time, relocation services have been required, and although Tierra west does not directly provide these services, Tierra west has contracted with, and overseen the wort of other specialty relocation consultants and can continue to provide this service. Propgly Management: If needed, Tierra Nest is available to provide property management services for City -owned properties. Typically, Tierra Nest has provided interim management services when either the property will be held for only a short time, or when time is needed to select a long-term, permanent management company. D. PLAN ADOPTIONS/AMENDMENTS/MERGERS Tierra west provides a comprehensive service portfolio for Project Area Plan Adoptions and Amendments, including the preparation of all necessary documents, coordinate the efforts of Agency staff, special counsel, other project consultants, and participate in community, Board of Supervisors, Redevelopment Agency and Planning Commission meetings. L Field Rcconnaissanlig t Study: Tierra west conducts surveys to document the presence of blight. The blight study continues with in depth research ofbuildingcode and fire code p violations, analysis of property data from the County Assessor, meetings with planning, building, fire and safety personnel serving the area and other research to document blight as required b Redevelopment Lave. 2. Financial Aaalysis/Cash Flow Anal sis; Vierra west provides financial feasibility analyses and revenue projections that detail the property tax revenue that will be available to support rcde elopment activities. The projected tax increment revenue will include revenue sharing pass -hough agreements, low- to moderate -income housing funds, county administrative charges, and other factors to determine a net tax increment available for bonding and project activities. Pr'ts and Public Improvements: Tierra west will work with Agency staff in identifying appropriate projects and public improvements needed in the Project Area, to ensure that they are consistent with, and take full advantage of, the provisions of Redevelopment Law, Required Plan/Amendment/Merger Adoption Reports and Notices: Vierra west will assist Agency staff and legal counsel by prepari IIs. Felly Heffernon, AICP, Associate Planner City of Arroyo Grande January 29, 2008 Page 1 analysis and financial feasibility analysis is extremely important to justifying the need for redevelopment. {Tierra west staff understands the complexities of undertaking a redevelopment plan amendment/adoption. . Communily Outreach/Mailings/TaxingEntily Meetings: Tierra west's staff is experienced in conducting successful community information sessions and coordinating meetings with counter officials and other taxing entities to address concerns over plan amendments/adoptions. Tierra West is available to prepare the required mailings to property owners and taxing entities pursuant to California Community Redevelopment Law. E, PROJECT FINAN IN 1. Tax Increment Financing: Vierra west is available to provide fiscal consulting services needed for the issuance of tax increment securities. These services would include tax increment revenue projections based on current year assessed valuations, historical trends, building permits issued for in -progress projects, review of planned new development, and the effects of pass-through agreements. 'Tierra west is also available to provide financial advisory services, assist with preparation of Official Statements, and other issuance procedures. 2. Finance Strategies: Tierra, west has worked with cities and agencies in the past to determine the best use of the funds available. Because the City is involved in both public improvements and private developments, it is important that the tax exempt funds (which must be used for public projects) and other less restricted funds be used to their gest enol. Tierra west can advise the City regarding its best use of bond proceeds, housing funds, land/real estate proceeds, and tax increment funds. F. REPORTING REQUIREMENTS 1. Annual Budget and work Pro ani: Redevelopment Law (DISC Section 33606) requires all Redevelopment Agencies to prepare an annual budget that includes the proposed expenditures, proposed indebtedness, anticipated revenues, and a work program for the eonuing year, and an analysis of prior year accomplishments. Tierra west will utilize information from the City budget to prepare the annual budget to comply with Redevelopment elopment Law. 2. State Controller's deport: If needed, Tierra west will assist staff in preparing this required report, particularly the Housing and Community Development portion of the report. . Statement of Indebtedness: Vierra west is available, if needed, to assist with the preparation o this document, although likely this has been, and will continue to be done by the City finance department. . Monitorina Deed estrietions: Redevelopment Law requires the Agency to expand and improve the supply of affordable housing and to record deed astrictions to assure continued income level compliance. Tierra west is available to monitor these deed restrictions on an ongoing basis. Agenda Item 8.j. Page 26 Ms. Felly I effernon, AICP, Associate Planner City of Arroyo Grande January 2, 2008 Page 11 G. SPECIAL PROJECT ACTIVITIES Tierra Nest is available to prepare necessary analysis and documentation for any specific implementation activities. 1. Economic I evelo went Strategies: Economic Development Strategic Plans are important for addressing public infrastructure deficiencies, land use issues, business retention/attractions programs, streetscape programs and other projects that could be impacting business growth within the city. 2. Cost Benefit Ar tsis E onomie IMpact Anal ses: Tierra west is available to aid the City in an ply *ng the costs and benefits of specific development proposals targeting specific users, and to help create an econornic development program which is beneficial to the local tax base. Implementation of redevelopment plans should be accomplished in such a way as to promote economic stability and future revenue flow to the City and other taxing entities. with periodic slowdowns in real estate market activities, it is necessary for redevelopment agencies to tale a lead role in promoting local economic development. . SDecific Project Activities: As necessary, Tierra Fest is available to analyze specific projects, develop schedules and budgets, and prepare necessary documentation. Agenda Item 8.j. Page 27 T k t Tierra West Advisors F ` }} f I . � it{� } �.i�l ?[i),., I?i4kk t L li {I 'Si '1 1 ( 4 G11�; I li{ s iil4'` 1 Timothy Mulrenan Tierra west Advisory Inc — Principal - 2006 Provides project management and implementation services for a variety of real estate consulting services to both public and agencies and private Education industry. Program management services include coordination with client staff and supporting consulting services required in the real estate program process. Coordinates negotiation of all forms of real estate contracts, professional Bachelor of Arts services for engineering, title insurance, appraisals, escrow services, acquisition services and relocation services. Consulting engagements have Rutgers University Geology included acquisition, disposition and development owner ers ' ty participation p° pmeet a eemen agreements and lender negotiations. Specializes in economic evaluation and feasibility analysis for retail commercial centers, office Diaster of Business Administration projects, hotel projects, industrial projects, and single and multifamily Concentration in Real Estate and housing. Entrepreneurial Ventures Rutgers University Rosenow Spevacek Group — Director - 1999 to 2006 Advises public and private sector clients on negotiation assistance packages for affordable housing, hotel, and commercial developments. Acquires property for client development projects, structures financing, and negotiates Professio n a I A ffiliadoowner participation agreements and disposition and development agreements. Pacific Realty Investments — Principal —1998 to 2006 Urban Land institute Provided acquisition, ��� q rtron, disposition, construction management, property development, and consulting services to public and private sector clients. Acquired and rehabilitated multifamily foreclosures, developed affordable Professional sional r cations housing projects, provided property management and property investment services. Licensed Real Mate Broker PacTel Properties - Vice President— 1984 to 1990 Mate of California Set u d p ran Southern California offices for commercial real estate investor, Developed raw land, office, and industrial projects worth over $oo million. Licensed General retractor Negotiated partnershipagreements, directed leasing an State of California g d property management, acquired financing for all projects, pint together Community Facilities District financing for a500 -acre industrial park putting in area infrastructure serving company project as well as surrounding development. Pacific Bell - Real Estate Manager —1980 to 1984 Negotiated all real estate transactions for regional telephone company in the Los Angeles area, supervising a property portfolio of over 5 million square feet. Negotiated major leases for parent ATT including $60 million west coast headquarters requirement in downtown Los Angeles. 16 8 A n n a n d a I e R d P a s a d e n a, C A 9 1 1 Agenda Item 8J. Page 28 0*1 Tierra West k..:.: I I ,I .;;I C L.; I'd P:'.� k. 1 Jose Ometeotl Tierra west Advisors, Inc — Director T Pioneer Valley Planning Commission- Community Development Planner — 2002 to 2004 Prepared, implemented, and managed municipal grant funded projects such a infrastructure improvements, social services, and housing rehabilitation and construction programs. Funds managed were from such sources as CDBG., ., HOME, National Trust for Historic Preservation, bails to Trails and the FPA.. Provided technical expertise in planning and development to municipalities within the region. Partnered local, state and federal agencies to implement major in -a tructar projects. City of Azusa Community Development Department artment — 1ntern — 199 - 1998 Primary duties were to act a "`counter planner" for the Planning Division, ision, coordinate development proposals and conduct field inspections ofproposed projects. Dratted staff reports to the Planning Conunission and City Council regarding various entitlement requests. Additional responsibilities included the preparation of Negative Declarations and Notices of Exemptions in compliance with CEQA. 1 6 8 A n n a n d a I e Fid P a s a d e n C'A 9 1 1 Agenda Item 8J. Page 29 Responsible for assisting with redevelopment plan adoptions and amendments, real estate services, implementation activities, bond issues, and planning and scheduling Project activities. Assignments include feasibility analysis, land use analysis, revenue projections, data analysis gathering, Educaflon database desiomanagement, and document prepa mtion. Mr. 0metcotl has worked in this capacity for the Cities ofledlands, San Bernardino, Fontan a,, Master of Planning Cypress, Fir baugh, San Joaquin, Montclair, Azusa, Irwindale, Yucaipa Specialization in Local Economic Development Pleasant Hill, the County of Fresno and the Grange County Fire Authority. University ofSouthern California i i osenow Spevaeck Group - Senior Associate 2804 to 2806 fi+ Science Urban and regional Planning Primary responsibilities include supervision of the collection and evaluation Cornell University of project related data, project management support, report preparation, increment revenue analysis, assisting in redevelopment plan adoptions and amendments, field surveys and the formulation of public revenue projections. Pro fession a I A ftdi a it o ns Additional duties include inteacin with clients, providing support to Principals, Preparing agenda items for presentation to and approval by public bodies and agencies. Project experience includes: assistance with afI`ordabl e housing project analysis for the cites of Arroyo Grande, Cypress and Glendale; project manager for inclusionary housing ordinance studies for the American Planning Association cities of San Jacinto and Redlands. Flan adoptionlarnendrnents for the cities SUthei`n Galtfrilla Planning of Cypress, Fireau h, Fontan �' and Pleasant Hill and the County of fan Bernardino. Pioneer Valley Planning Commission- Community Development Planner — 2002 to 2004 Prepared, implemented, and managed municipal grant funded projects such a infrastructure improvements, social services, and housing rehabilitation and construction programs. Funds managed were from such sources as CDBG., ., HOME, National Trust for Historic Preservation, bails to Trails and the FPA.. Provided technical expertise in planning and development to municipalities within the region. Partnered local, state and federal agencies to implement major in -a tructar projects. City of Azusa Community Development Department artment — 1ntern — 199 - 1998 Primary duties were to act a "`counter planner" for the Planning Division, ision, coordinate development proposals and conduct field inspections ofproposed projects. Dratted staff reports to the Planning Conunission and City Council regarding various entitlement requests. Additional responsibilities included the preparation of Negative Declarations and Notices of Exemptions in compliance with CEQA. 1 6 8 A n n a n d a I e Fid P a s a d e n C'A 9 1 1 Agenda Item 8J. Page 29 T E Tierra West Advisors E J1 i: 1: 1. Regan M. Candelario Tierra west Advisors, Inc— Senior Associate 2006- Present Educadon Advising clicnts on Redevelopment, Economic Developrnent, Planning/zoning, and Special Studies in connection with Community Development. Provides staff' support at the executive levels. Master of Public Administration with concentration in Urban Affairs Graduate Center for Public Policy and Community Development District Manager, City of Administration, California State University, Santa Ana, CA - 000 — 006 Long Beach Facilitate short and long terra solutions to community issues. or concerns Bachelor of Arts In Liberal Studies with a enlisting the assistance and resources of various public and Private sector concentration in Geography agencies. Provide a primary communication link between public agencies and California State University, Long Beach residential/business groups within Santa Ana. Coordinate the acquisition o property, negotiation of Disposition and Development Agreements, and management of housing development projects. Responsible for development and implementation of residential neighborhood improvement programs. Solicitation of community support and input prior to the development of public improvement Pro fess final A Mdo r s projects. Identification of and purchase of residential development sites for replacement housing obligations. Facilitation of discussion and direction toward City County Communication & Marketing resolution of many politically sensitive community leadership issues for the City Association rna) / Con unity Development of Santa Arta. (Centerline LRT Project, Neighborhood Leadership Changes, Resource Network / NAURO CRA / DASH Land Use, Utility Users Tax Increase, Park and Open Space Preservation/ Development) Design, development and implementation of an asset used community development program for the Santa Ana nonprofit, faith based and kgCLali service club corn munity in Santa Arta Professional Leadership, Facilitation, and Community Development Resource Coordinator, City of Community Capacity Building Santa Ana, CA - 1996 — 2000 Coordination of City of Santa Ana sponsored programs/events; such as the Celebrate Santa Ana event, Community Building Awards, Model Block Program, Internet Community Calendar and Resource Network activities, two City wide Graffiti Paint Out Day's, two Residential Paint -it -Now projects, Model Block Program projects, and the Youth Education and Services (YES) job training and home repairs Program. Economic Development Specialist, City of Santa Ana, CA 1990 — 1996 Responsible for preparation of materials, coordination of activities, and exhibiting programs for local, regional, and major national conventions including ICSICSC and WESCON. Conduct business attraction tours for various companies ranging from Fortune 100 industrial users to cutting edge high tech industries. Attraction activities include preparation of site selection agendas, guided tours of the city and coordination of presentations from local developers and brokerage houses. Market the city's Economic Development programs. Represent the City at various expositions, seminars, and local business functions. Prepare city and county economic status reports for management presentations. Responsible for interviewing local business owners for the Economic Development Division's Business Retcntion/Expansion Program. Conduct cost benefit analyses for Redevelopment projects. 1 6 8 A n n a n d a I e lid Pa s ad e na, C'A 9 l l 0 Agenda Item 8J. Page 30 Tierra West Advisors R",...1 I k - I; II, ,:i){.1 k - {I,:`. 1kI['7iIk 5 E I ( 4I11.�'I'II,sIIl,% Liliana Tierra Wt Advisors, Inc— Analyst Assist with project management duties for redevelopment projects. Work with clients to acquire sites and coordinate relocation activities. Dram staff reports, resolutions, ordinances, public hearing notices, and all ether related City, County, or special district documents. Education MyS C lListln s. um/roller Williams fealty — Santa F Bachelor of Arts Springs, CA — Real Estate Consultant - May 2405 — July 2007 Biology Wellesley College, Wellesley MA Design and implement marketing campaigns to generate and maintain commercial and residential accounts. Coordinate purchase and sale transactions with escrow, title companies, outside brokers and City departments to ensure UCLA Extension transactions close according to contract. Develop relationships with local At+ugus & Spreadsheet Programs for Commercial developers and retailers in Jos Angeles County. Attend local City Council Real Estate Analysis meetings to stay abreast of zoning changes and communicate any pertinent updates to local builders and developers. Researcb and disseminate information Cerritos College about financing options offered by the California Housing Finance Agency and Accounting mortgage banks to home buyers. Mold team members accountable for meeting specific revenue, sales and expense targets. UCLA Riordan Fellow 2000 Adobe lel Estate and Lending, Inc. — West Covina, C Decense Mortgage Loan Consultant — ,April 2004 — April 2005 Responsible for originating mortgage loans for purchase and refinance California Department of teal Estate Licensee transactions. Develop business relationships wtb real estate agents air Since 2002 builders. Coordinate residential purchase transactions with escrow, real estate agents, title companies and underwriting staff to ensure financing is available by Membersh specific timelines. Communicate systematically with client base to generate additional business and support current accounts. Member of the Urban Land Insatiate, A Better Chance Alumni Association & Wellesley International Mortgage Corporation, Inc. — West Covina, CA College Alumni Association - Mortgage Loan Consultant — September 2003 - March 2004 Skills Originate mortgage loans for purchase and refinance transactions. Visit new housing developments to establish relationships with local builders. Coordinate residential purchase transactions with escrow, real estate agents, title companies Bilingual and Biliterate and underwriting staff within specific timelines. Educate builders and real English Spanish estate agents about various mortgage options available to home buyers 1 6 8 A n n a n d a I e Fid Pa s a d e n a C A 9 1 1 Agenda Item 8.j. Page 31 T i Tierra 1F4�1 15 hi i GiJesse Saucedo 17L Tierra West Advisors, Inc --Analyst Created and managed the training and development of the program participants in both the summer internship and fellowship programs. Prepared, reviewed and scored each application submitted in the selection of program participants. Served as primary mentor for thirty summer internis and twenty graduate student Fellows. Coordinated HI's Issues Conference (attendance of 700 participants), Fiesta de Golf Charity Tournament (raised $200,000) and al l other CHI receptions; including managing thirty volunteers. Edited HI's Policy Recommendations — the byproduct of the Issues Conference providing formal public policy recommendations to Members of Congress. Office f Senator Edward A Kennedy Legislative Intern 2000 Drafted residency correspondence for U.S. Ambassadors on behalf of constituency. Monitored constituent immigration case -work and interpreted for Spanish-speaking constituents. 1 6 8 Annandale R d Pasadena, C'A 9 1 1 Agenda Item 8.j. Page 32 Assist in the development ofimpact reports and pro forma analysis; economic development plans. Draft staff reports, resolutions, ordinances, public hearing notices, and all other related City, County, or special district documents. Educadon Office of Congresswoman Grace Nap litann Field Representative/Veterans Liaison — 2004 - 2006 Master of Public Administration Represented Congresswoman at various community everts, city council and Candidate May 200$ school board meetings. Responsible for constituent casework, including but not University of Southern California limited to local military veterans. Coordinated annual Military Academy Daly and assisted in selection of Congressional nominees. Established and maintain ' Bachelor Arts relationship s with district veterans and health advisory committees, elected Political Science o officials, and other representatives from the public, private, and nonprofit sectors Boston University, May 2000 Rice oCalifornia Secretary StatShelley vin M�IId Internship Programl� field prsnativt�' ut Ca rdlnatr - -� Research Intern, 1��` 'rr�rr�r�ic�2004 Offlce of Mexican Embassy) Boston University, International Institute, Organized and promoted the My vote Courts initiative, a nonpartisan voter Madrid, Spain outreach effort to promote participation through community-based organizations, mass media and the Internet. Assisted counties in identifying bilingual pall workers and the reed for translation of outreach materials. Congressional Hispanic Caucus Institute HI Programs Manager 2042 _ 2003 Created and managed the training and development of the program participants in both the summer internship and fellowship programs. Prepared, reviewed and scored each application submitted in the selection of program participants. Served as primary mentor for thirty summer internis and twenty graduate student Fellows. Coordinated HI's Issues Conference (attendance of 700 participants), Fiesta de Golf Charity Tournament (raised $200,000) and al l other CHI receptions; including managing thirty volunteers. Edited HI's Policy Recommendations — the byproduct of the Issues Conference providing formal public policy recommendations to Members of Congress. Office f Senator Edward A Kennedy Legislative Intern 2000 Drafted residency correspondence for U.S. Ambassadors on behalf of constituency. Monitored constituent immigration case -work and interpreted for Spanish-speaking constituents. 1 6 8 Annandale R d Pasadena, C'A 9 1 1 Agenda Item 8.j. Page 32 RO INCORPORATE "MEMORANDUM c JULY 10. 1911 T: CITY COUNCIL FROM: DON SPAGN L , DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 0§, : MIKE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION TO APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE JAMES WAY REHABILITATION PROJECT, P11 2807-8 DATE: FEBRUARY 26,2008 RECOMMENDATION: It is recommended the City council: 1. approve the construction plans and specifications for theJames Way Rehabilitation ilitation project, PIN 2007-06; 2. find that the James Way Rehabilitation Project is categorically exempt from CEQA pursuant to Section 1 301 (c); and 3. direct the city clerk to file a Notice of Exemption. FINANCIAL IMPACT: The FY 2007108 capital Improvement Program includes $94,544, composed of $41,089 from the USHA Fund and $53,455 in Sales Tac funds. The Council is considering the reallocation o $363,000 in Proposition 1 B Funds to the project on February 26, 2008. If approved, the reprised allocated funds available for the project will be now $494#844. The Engineer's Estimate for construction is $450,000. BACKGROUND: The James Way Rehabilitation Project will resurface the entire length the James Way roadway between Oak Park Boulevard and Tally Ho Road. The project will also reconfigure the roadway striping to include bike lanes in each direction in accordance with the Bikeway and Sidewalk/Pedestrian edestrian Plan, adopted by council on November 28} 2006. Due to the varying levels of degradation in the roadway, the roadway will require different applications as follows: Agenda Item 8.k. Page 1 CITY COUNCIL CONSIDERATION To APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE JAMES WAY REHABILITATION PROJECT, PW 2007-06 FEBRUARY 26, 2008 PACE 2 Asphalt concrete overlay - oak Park Boulevard to Equestrian Way and Village Glen Drive to Tally Ho Road The crown of the roadway is inconsistent depressed in many areas and large areas of the roadway do not sheet the water effectively into the gutters. since the grater does not make it into the drainage system, it has a tendency to settle in the roadway. This causes severe degradation over time. The asphalt concrete overlay will fill in the depressed areas and reconstruct the roadway crown. Mir urfaoing - Equestrian Way to pillage Glen Drive The grade of the roadway is consistent and the water is able to effectively sheet from the crown of the roadway into the gutters. However, there are pockets of failures within the roadway, which will require removal and reconstruction. The roadway will then receive a microsurfacing application: a polymer -modified emulsion, to provide a neer driving surface. ANALYSIS SIS of ISSUES: The Pavement Management Plan calls for microsurfacing of Jaynes Way. As stated in the Pavement Management Plan, the average PCI (Pavement Condition Inde is 68, the recommended PCI is 75. Jaynes Way is a collector street with a PCI currently ranging between 16 and 2. At the March 2, 2007 meeting, the City Council approved relocation of a stop sign on James Way from Hidden oaks Road to Rodeo Drive. At that time, City Council directed staff to provide recommendations for traffic calming measures when the resurfacing project is designed. The proposed project scope of work includes a striping plan to Incorporate bike lanes in each direction. The new striping configuration will reduce travel lane width,, which will help reduce the vehicle speeds. As an additional traffic calming measure, a digital speed limit sign will be installed in the southbound lane near Mesquite Lane,, where vehicles have a tendency to pick up speed as the roadway grade descends towards Tally Ho Road. James Way is classified as a collector street. Therefore, further traffic calming options would not be appropriate. Currently, there is aJames Inlay Habitat trailhead on James Way adjacent to Clinton Court. However, there is no adjacent parking, which limits access for the public to utilize this resource. As a result the proposed striping plan includes the addition of three on -street parking spaces adjacent to the James inlay Habitat Trail entrance. The contract time is estimated at 60 calendar days. Work is expected to begin in late April 2008 and finish by early -July 2008. Agenda Item 8.k. Page 2 CITY COUNCIL CONSIDERATION To APPROVE CONSTRUCTION PLANS AND SPECIFICATIONS FOR THEJAMES WAY REHABILITATION PROJECT, PW 2007 - FEBRUARY 26, 2008 PAGE 3 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staff's recommendations; Do not approve staffs recommendations; - Recommend mend work be performed during normal business hours; Provide direction to staff. ADVANTAGES: James Way is a major collector street in the City's circulation system. Performing the asphalt concrete overlay between Oak Park Boulevard and Equestrian Drive, and Village Glen Drive to Tally Ho Road will provide a stronger and more durable roadway section. This will extend the life of the pavement and reduce the meed for maintenance for 15 to 20 years. The rnicrosurfacing application between Equestrian Drive and Village Glen Drive will also require less maintenance. At the sane time, the new striping plan will provide traffic calming benefits and implement policy goals of the City's Bikeway and Pedestrian Plan. DISADVANTAGES: Asphalt overlays are normally expected to last 15 to 20 gears. Staff believes concentrating the asphalt overlay on the failing segments will help but the lifespan of the overlay may be compromised without the additionally required thickness. However, increased application of asphalt would not be cost effective. ENVIRONMENTAL REVIEW: Staff has determined that the project is categorically exempt from CEA pursuant to Section 15301 (c). PUBLIC NOTIFICATION AND COMMENTS: TS: The agenda was posted on Thursday, February 21, 2008. The agenda and staff report were posted on the City's website on Friday, February 22, 2008. No public comments were received as of the time of preparation of this report. Attachment: 1. Tentative Schedule 2. Notice of Exemption Agenda Item 8.k. Page 3 Attachment 1 Tentative Project Schedule For James Way Pavement Rehabilitation Project Project No. PW 2007-06 Approvalof Project Plans (at CityCouncil meeting) •....................................................... February 26, 20 08 I" Notice to Bidders ................................................................................................................. Mar h #, 2008 Pre Bid Meeting (Wednesday, 2.00 p.m. City Council Chambers) ....................................... March 12, 2008 Bid Opening (Tuesday, 2,30 p.m. City Council Chambers) ..................................................March 18, 2008 Award of Contract at City Council meeting .................... ■ ...... ■ .. ■ . ■ .. ■ . ■ .. ■ . ■ .. ■................................ April 8, LI V NoticeVAward ....................................................................... a ................................................. April , 2008 Noticeto Proceed....................................................................................................................April 28, 2008 Contract Completion calendar days).................................................................................. Jure 26, 2005 Agenda Item 8.k. Page 4 Notice of Exemption To: Office of Planning and Research 1440 Tenth Street, Room 121 Sacramento, CA 85814 19 County Clerk County of San Luis Obispo County Government Center San Luis Obispo, CA 93408 ATTACHMENT NO. 2 From: (Public Agency) City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93421 Project Title: James Wak Rehabilitation EMLect06 'A PW 2007 Project Location - Specific: James Waz from Oak Park Boulevard to TalIV Ho Road Project Location - City: `w Grande Project Location - County: Sari �.�ri bidao Description of Project: Asphalt concrete overlay from Oat[ Park Boulevard to E ue trian Road Mi rfer"n application between E ues Han and Mesquite Lane halt concrete overlav between Mesaufte Lane and Tally Ho Road ffl f tri In of roadway from Oak Park Bouleward to TailJYo load Marne of Public Agency Approving Project: City of Arrovo Grande - Public Works Department Name of Person or Agency Carrying Out Project: Michael Linn P.E. Exempt Status: (check one) El Ministerial {Section 12080(b)(1); 15268); Cl Declared Emergency {Sec. 21080(b)(3); 15269(a)); 0 Emergency Project (Sec. 21080(b)(4); 15259 b c ; M Categorical Exemption. State type and section number: Section t 3 c 0 Statutory Exemptions. State code number: Reasons Why Project is Exempt: Project provides maintenance apiolications on the surface of the existina roadway, Lead Agency Contact Person: —Michael Linn .E Area Code/Telephone/Extension: _180 473-5444 If filed by Applicant: 1. Attach a certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project' 22 Yes 0 No Signature: 91 Signed by Lead Agency Q 0 Signed by Applicant Date: Title: Public Works Director Date received for filing at OPI : Agenda Item 8.k. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.k. Page 6 MEMORANDUM To: Arroyo Grande City Council Members From: The Hasay Family, 161 Andre Drive, Arroyo Grande Subject: Consideration of City Policy and Regulations Regarding Placement of Basketball hoops in the Public Right -Of -Way Dear Council members With regard to, the use of basketball hoops to the public right-of-way, the Hasay family at 161 Andre Drive provides the following comments and recommendations for the council to consider Background: 1. We moved into our home in February, 2000. Since that time (over eight years), we, along with several of our neighbors have had basketball hoops in the street area near the curb outside our homes. Never once have we received a complaint from a neighbor or the city with regard to any violations of the city code Only until recently, when a new resident moved into our neighborhood, has a complaint been filed 2. We live on a cul-de-sac with little or no traffic The traffic that does come through our street is primarily neighbors driving to and from their homes 3 The angle of the street and the locations of the basketball hoops in question provide a driver operating a vehicle with plenty of visibility to notice children way beforehand, allowing the vehicle operator to slow down well in advance of approaching children. None of the hoops are located near an intersection. 4 All the basketball hoops are placed in the front of each owners home, off the curb, in areas where vehicles can still park, and off of the sidewalk area allowing for proper pedestrian access 5 All of the basketball hoops are located in areas where they do not prohibit the mobility of large vehicles and emergency response vehicles Recommendation: With that said, we ask the city to consider adopting regulations similar to those adopted in many other cities around the country, taking into account the information provided above Such regulations would allow for the continued safe use of basketball hoops in a neighborhood We live in a sedentary society, our children need recreational opportunities Prohibiting such opportunities only serves to further degrade the health and well-being of our children Respectfully, The Hasay Family Teresa, Joe, Jordan and Jedd Page 1 of 2 From: Tony Ferrara Sent: Wednesday, February 27, 2008 2 37 PM To: Steve Adams Cc: Kelly Wetmore Subject: FW City Council meeting this evening Steve Joe Hasay attached a memo to his first e-mail (scroll down) similar to Carl's in support of the hoops in the street Below is my response back, and his final response Please forward to Tim and the Council PS I already sent a copy to Ed Thanks Tony From: Joseph Hasay[mailto:jhasay@umtedparadyne.com] Sent: Wed 2/27/2008 11:34 AM To: Tony Ferrara Cc: Joe Costello; Ed Arnold; Chuck Fellows; Jim Guthrie Subject: RE: City Council meeting this evening Tony — Thank you for your prompt response I totally understand I would take the same position I had to give it a shot, however' O Thanks again Joe From: Tony Ferrara [mailto:tferrara@arroyogrande.org] Sent: Wednesday, February 27, 2008 11:21 AM To: Joe Hasay Cc: Joe Costello; Ed Arnold; Chuck Fellows; Jim Guthrie Subject: RE: City Council meeting this evening Good Morning Mr Hasay (Joe), Thanks for taking time to compose the attached memo The information you provided together with other testimony will be helpful in attempting to reach some form of solution to this issue Here is some additional background that we must consider Our staff has advised that we should leave the current ordinance in place The reasons cited are mostly legal and logistical in nature The City would not be acting responsibly if we officially condoned the placement of recreational equipment in a dedicated city street intended primarily for vehicular use The liability that attaches to this practice could be disastrous for even one instance That of course does not begin to approach the tragedy associated with a vehicle / child incident Most recently, the City's insurance company weighed in on this issue and advised us to maintain our current policy I wholeheartedly agree that we need to find outdoor activity that is convenient and available so that we encourage kids to lay down their game controls and go outside Your family is a shining example of what can happen when everyone participates in outdoor sports activities (My two kids are MCP graduates, and we're very proud of Jordan!') 11 Another consideration is street maintenance and safety Staff has cited instances w�re portable hoops left in the 2/27/2008 Page 2 of 2 street has caused the street sweeper to avoid an area, in turn causing debris to accumulate Other issues include curb/gutter drainage problems, parking, delivery and mail vehicles that can't access areas, particularly on narrow streets That said, one of the reasons we postponed the matter last night is precisely for the reasons you indicated There are a few cities that have adopted other procedures to deal with this situation and our staff, to include our City Attorney wanted to explore them before we make a determination We will be meeting with some of our residents as we engage in this process Council Member Ed Arnold is our lead person on this matter I will make sure he receives this information at his home e-mail Best to you and your family, and please tell Jordan that "City Hall" is following her success Have a great day and enjoy the beautiful weather "outside"' Tony F From: Joe Hasay[mailto:jhasay@unitedparadyne.com] Sent: Tue 2/26/2008 10:12 AM To: Tony Ferrara Cc: Joe Costello; Ed Arnold; Chuck Fellows; Jim Guthrie Subject: City Council meeting this evening Hello Mr Mayor and City Council members We understand a topic on the agenda this evening is the placement of basketball hoops in the Public Right of Way I unfortunately will be unable to attend this evening's session As a result, the Hasay family at 161 Andre Drive would like to submit the attached letter documenting our recommendation on the subject matter Thank you and keep up the good work' Friendly, The Hasay Family Teresa, Joe, Jordan and Jedd 2/27/2008 JMY 10. loll MEMORANDUM 40ft TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER 5*1 SUBJECT: CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING PLACEMENT OF BASKETBALL HOOPS IN THE PUBLIC RIGHT-OFmWA DATE: FEBRUARY 2, 2008 RECOMMENDATION: It is recommended the council direct staff` to continue with the existing practice regarding regulation and enforcement of basketball hoops in the public right -of -wary. FINANCIAL IMPACT: There is no financial impact to this recommendation. There could be a significant cost if staff were directed to establish a permitting process for basketball hoops in the public right-of-way. BACKGROUND: At the December 11 # 2007 meeting, Council Member Arnold requested staff` present options to the City council regarding regulation and enforcement of basketball hoops in the public right -of --way. It is staffs understanding that the request was in response to a citizen complaint received regarding an enforcement action involving a basketball hoop illegally left in the street. A copy of the complaint is attached. The item was originally placed on the January '22, 2008 agenda, but continued to the February 26, 2008 meeting in order to accommodate citizens expressing an interest in providing input. Under current practice, staff has classified basketball hoops as an obstruction prohibited in the public right-of-way r under Municipal Code Section 12.08.010. Obstructions in the public right-of-way are also prohibited by the state of California Vehicle code. However, rer, the general practice of the Neighborhood Services program is to enforce these violations only when the basketball hoop is left unattended and a complaint is received or when the basketball hoop is placed on the sidewalk and legally required ADA clearance is not maintained. A copy of the Initial courtesy notice that is seat to a resident in response to a violation is attached. Agenda Item 10.a. Page 1 CITY COUNCIL CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING PLACEMENT OF BASKETBALL HOOPS IN THE PUBLIC RIGHT-OF-WAY FEBRUARY 26, 2008 PAGE 2 Staff has also initiated proactive public education regarding this issue. An article was included in theJanuary 2004 issue of the Stagecoach Express. A copy is attached. Also attached is an informational brochure that has been distributed to residents and neighborhoods where basketball hoops are prevalent on streets and sidewalks. The purpose of the public education program has been to seek voluntary compliance, but staff believes its success has been limited. The City has experienced a proliferation of basketball hoops in the public right-of-way over the past year. The Neighborhood Services Division has responded to 19 complaints in 2007, but a recent field survey conducted for the purpose of this report indicated that there are at least 65 basketball hoops currently existing throughout the community either on the sidewalk or in the street. The picture of Hillside Court in Attachment 5 is typical of many locations. In discussions with other city managers, it is also evident that this i an issue that many communities are struggling with. ANALYSIS of ISSUES: Through the League of California cities, staff conducted a statewide search of city regulations and enforcement. The majority of cities responding to the survey indicated they are utilizing an approach comparable to the city of Arroyo Grande. Only three communities responded that basketball hoops are allowed in the public right -of -war under certain circumstances. These include Pleasanton, Woodland,, and Rocklin. Some cities indicated they actively patrol and enforce restrictions, such as Perris, victorville, and Stockton. All three issue citations and Victorville and Stockton remove the baskets at the owners expense when necessary. However, most cities responded that they are not allowed, but enforcement is limited to response to complaints. A number of issues have been identified regarding basketball hoops in the public right-of-way: 0 If not weighted properly, they can fall over in windy conditions, causing injury and damage to vehicles. Staff is aware of two that have fallen over recently. Fortunately, no damage has occurred. They can restrict access of refuse trucks, street sweepers, and emergency vehicles. 0 When placed against the curb, they restrict drainage and can cause water to flow into the vehicle travel lane and/or cause damage to adjacent properties. 0 They can reduce and/or restrict access to parking. 0 Encouraging recreational activities in the street can increase the risk of accidents and liability on the part of the City. In response to the city's inquiry, the California Joint Pourers Insurance Authority CJPIA, which is the insurance pool the City Is a member of for liability coverage, recommended against allowing basketball hoops in the public right-of-way. Agenda Item 10.a. Page 2 CITY COUNCIL CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING PLACEMENT OF BASKETBALL ALL HOOPS IN THE PUBLIC F IGHT43F-WA FEBRUARY 2, 2003 PAGE When placed on the sidewalk, they restrict pedestrian access and may create n ADA violation due to inadequate wheelchair access. ALTERNATIVES: The following alternatives are provided for the council's consideration: The council may take no action and direct staff to continue with the current practice. The City Council may direct staff to develop regulations similar to those in place in Pleasanton. The City of Pleasanton allows basketball standards under the following conditions: It is placed along the resident's own lot. It is placed where vehicles can legally park. The base is placed within sic inches of the curb. 0 It rust be moved when street maintenance requires is no parking'. It does not create a situation where the owner is forced to park his/her vehicles in front of other homes due to the placement of the standard. It is not placed too close to an intersection. It is not placed in an area determined by the code Enforcement Officer or other official to be a hazard. The city may direct staff to prepare an ordinance requiring a permit and/or liability coverage for placement of a basketball hoop in the public right-of-way. The city council may direct staff: to prepare recommendations for a more proactive enforcement program. Provide direction to staff. ADVANTAGES: TAGES: The current practice responds with enforcement in a responsive, yet customer friendly manner, when problems exist as determined by residents of the neighborhood. Enforcement activity is manageable with existing resources and limits liability to the City. Allowing basketball hoops in the public right-of-way would increase the problems outlined above and create significant liability for the city. Requiring a permit would create a staff intensive process, which would also increase liability to the city and/or be cost prohibitive to the resident, thus resulting in an even more difficult enforcement situation. DISADVANTAGES: Prohibiting basketball hoops in the public right-of-way reduces positive recreational opportunities for youth and adults in many neighborhoods that have no convenient location for the hoop on their property or convenient access to a City park. At the same time, by limiting enforcement, proliferation of the basketball hoops is likely to continue, resulting in many of the problems outlined above. Agenda Item 10.a. Page 3 CITY COUNCIL CONSIDERATION OF CITY POLICY AND REGULATIONS REGARDING PLACEMENT OF BASKETBALL HOOPS IN THE PUBLIC RIGHT -OF WAY FEBRUARY 26, 2008 PAGE 4 ENVIRONMENTAL ONMENTALREVIEW: NO environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front Of City Hall On Thursday, February 21, 2008. The Agenda and report were posted On the City's website On Friday, February 22, 2008. Residents who have recently expressed complaints in response to code enforcement actions regarding this issue were also notified that it would be reviewed at this meeting. Attachments: 1. Citizen Complaint 2. sample Courtesy Notice 3. Stagecoach Express Article 4. Educational Brochure . P i t u re Of Grove C O u rt Agenda Item 10.a. Page 4 ATTACHMENT 1 From: Curl Artpeu Sent: Monday, October 15, 2007 12:32 Phi To: 'earnold@arroyogrande. rg' Subject; Basketball hoops in public right of way Mayor Pro Tera Arnold, Below, in Italics, is the City of Pleasanton's basketball hoop rules - these seem to rye to be a good blend of public Safety, aesthetics, and most importantly encouraging for healthy eerie for young people. As background info, because of a recent incident that caught my attention, and after reading the current "flyer" that is being given out by the City titled "Basketball loops in public right of way" which specifically states that the "City has adopted a policy that discourages the use of basketball hoops in the roadway". In doing some research on this issue, there are instances in Other cities where the fiat step has been the banning of hoops in the street, this has led eventually to a total ben of any kind of children's play being allowed in streets. This has 'any detrimental effects both to the individual children, as well as the community at large. As I reviewed various cities policy's toward this issue, there is a very wide latitude in opinions - ranging from no rules whatsoever, to total prohibition of any street play (including running around, ball play, catch, tag, riding a bicycle without a destination, etc). I believe the Pleasanton rules seem to be the best compromise for a community. This is an issue that I am considering pursuing for the quality of life and health of all of Arroyo Grande's youth. I would appreciate any thoughts or guidance you might have on the subject. Pleasanton The followings a list of conditions by which a resident ofthe City ofPleasanton can place a basketball standard in the public right of way (PMS' 13-04-050): - Paced only along the resident's own lot Placed where vehicles can legally park - The base is placed within six inches ofthe curb - It must be moved when street maintenance requires "no parking" - Does not create a situation where the owner is forced to park his/her vehicles ire; -or t of other homes due to the placement of the standard d - Is notaced too close to an intersection - Is not placed in an area which is determined by the Code Enforcement macer or other city official to be a hazard. This violation is investigated on a complaint basis unless a public .safety concern is identified. A violation is citable through our Administrative citation program. Yhe first violation caries afine of $100. Thank you, Carl Art p eus Agenda Item 10.a. Page 5 Courtesy Notice Date: Address: ATTACHMENT 2 Subject: Violation of Arroyo Grande Municipal code 12.08.010 obstructions of right of way Dear Resident Property Owner, The purpose of this letter is to inform you, the property owner, that the city of Arroyo Grande is addressing the municipal code violation at your property. We are requesting your immediate assistance to bring your property into compliance with the Arroyo Grande municipal node. The specific code requirements which you are in violation of are: 12.06.010 obstructions defined. For the purposes of this chapter, "obstructions" means and includes vehicles, or portions thereof, machinery, barrels, bones, building material, and all other things, which would be liable to cause injury to pedestrians or vehicles and to the drivers thereof in case of being collided with. (Prior code § -3.01 12.06.030 Locations restricted. The director of public works shall not grant permission to place or deposit such obstructions in those portions of any public street, highway, walkway or sidewalk customarily used for the purpose of traffic, but such obstructions in all cases shall be placed or deposited adjacent to the curb or in such place that it will be the least likely to obstruct traffic or endanger life or property. (Ord. 567 § 2 (part), 2005: prior code § 7-3.03) 12.06.040Violations--Misdemeanor. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor. In addition thereto, every such person shall be Agenda Item 10.a. Page 6 liable for all damages in the event of injuries to persons or property as a result of such obstructions. (Prior code § 7-3.04) Description: The portable basketball hoop, skate ramp, or other obstruction in front of your house is In violation of the municipal code. There are multiple concerns with basketball hoops or similar items that are left unattended in the public right of gray. These concerns are as follows: 1. Top-heavy hoops pose as a collapse hazard in windy weather. The portable basketball hoops are of such size and weight to be capable of causing injury to pedestrians or damage to vehicles. 2. Basketball hoops limit the mobility of large vehicles such as garbage trucks and emergency response vehicles, Mire apparatus ambulances) 3. Obstruction of rainwater and collections of debris can occur where such items block the curb. 4. Items left in the street occupy street parking spaces. With your cooperation vire can avoid further considerations for enforcement and maintain the beautiful character of the community. If you have any questions regarding this matter, please do not hesitate to contact the Neighborhood Services Coordinator at g 473-5437. Thank you in advance for your anticipated cooperation. Sincerely, Neighborhood services Coordinator Agenda Item 10.a. Page 7 PAGE 2 STAGECOACH EXPRESS C n -Y ASSISTANT PROGRAMS �E FOR S MA TARGET ►LL BUSINESS One of the top priorities of the City Council is a strong business assistance program, particularly focused on small businesses. The program is important to naintain2vibrant business community that will enhance the economic vitality of the City, to protect and enhance employment, and to meet the retail needs of the community. Utilizing Federal grant fuming, the City has partnered with the South Central Coast Small Business Development Center (SBDC) to provide free business technical assistance and workshops to business Owners. The same funding is being u ' ' d to provide a facade improvement grant program. The City has also taken several steps to coordinate its planning efforts with the local merchants, particularly projects focused on E. Grand Avenue and the Village. The redevelopment Agency has participated in joint public-private projects to encourage new business development along the E. Grand Avenue corridor. Plaza and landscaped areas are being encouraged in new projects to compliment the new streetscape enhancements. New on -street parking is beim created on E. Grand Avenue to both increase parking for businesses, as well as to serve as a buffer between vehicle and pedestrian traffic, while a comprehensive parking improvement plan is under development for the Villagc. In addi ATTACHMENT BASKETBALL HOOPS IN PUBLIC RIGHT OF WAY - Information Regarding Basketball Hoops, the Public Right of Way, and the City ofArroyo Grande City of Arroyo Grande 0r11r'10!!rjjjjjj - lilllll!lllllllllllilll P.O. Box 550 214 E. Branch Street Arroyo Grande, CA 93421 (805) 473-5420 � Neighborhood Services Coordinator .•-� 214 E. Branch Street Arroyo Grande, CA 93421 (805) 473-5437 Agenda Item 10.a. Page 9 - infornialion reg, ardin u basketball hoops, the pub - aid right qf w tv, and TheCil . qfArrqyo Grande Municipal Code Provisions! Liability issues and public safety require the City to address the basketball hoops in the public right-of-way. 1 .0 .010 obstructions defined. For the purposes of this chapter, "obstructions" means and includes vehicles, or portions thereof, machinery, barrels, bones, building material, and all other things which would be liable to cause in- jury to pedestrians or vehicles and to the drivers thereof in case of being collided with. By having obstructions (Basketball Hoops) in the public right-of-way you are in violation of the City's Municipal Code and subject to en- forcement. n- f r em nt. It may also create a violation of Federal ADA lawns by eliminating the required wheelchair access space. What Can You Do! To ensure the safety of the community and to prevent any accidents or damages, basketball hoops should be placed on the forward most por- tion of the driveway or other similar recreational areas where the entire basketball hoop and rec- reational area is on private property and not on the public right-of-way. Not Allowed Allowed { y •i I � ��# F f � f f r i + 4 4# BASKETBALL HOOPS IN PUBLIC RIGHT OF WAY The Public Right Of Way "Right-of-vay'l means a strip of land ac- quired by reservation, dedication, forced dedi- cation, prescription or condemnation and in- tended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, public sanitary storm serer, and Other similar uses. The streets and sidewalks of Arroyo Grande are such public rights-of-way and are owned by the City and used by the community. The streets and sidewalks must be free of non - permitted obstructions, such as non -permitted dumpsters, debris, as well as basketball hoops, which can be a hazard. Basketball sloops and the City Right of Way Basketball hoops in the streets and on side- walks are potential safety hazards for the players and can become hazards for those using the streets and sidewalks. Motorists, bi- cycles, strollers, pedestrians and wheelchair users must be able to travel safely without having to travel around basketball hoops or other obstructions in the right-of-way. Service vehicles, such as garbage or other utility vehi- cles, can also be adversely affected by hoops in the travel way. The City has adopted a policy that discour- ages the use of basketball hoops in the road- way. When the City receives a complaint (from a resident or other user of the right- of-way), staff members will inform the resident and the property owner if applicable) by ask- ing therm to remove the obstruction. Agenda Item 10.a. Page 10 . _. ... ............. . x 3i„ qEE ' Yips: a,� xY * 'IID nf• 4 "u 'o FYI J; r '•k'r It i IN M �r `i Yips: a,� xY * 'IID nf• 4 "u 'o FYI J; r '•k'r It i IN M THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 10.a. Page 12 �o� PRRoro" \ � INCORPORATED Z v O fi *kJULY 10. 1911 co 44 4%: MEMORANDUM DUM TO: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD of DIRECTORS S FROM: ANGELA I I AETSCH, DIRECTOR of FINANCIAL_ SERVICES SUBJECT: FISCAL YEAR 2007-08 MID YEAR BUDGET REPORT DATE: FEBRUARY 28, 2008 RECOMMENDATION: It is recommended the City Council/Agency Board: • Approve detailed budget adjustments listed in the did -bear budget report; Approve Schedules A and E; and * Approve (Deny) requests for additional appropriations in the General Fund. FI1ANCIAL. IMPACT: The General Fund ending balance will be impacted by the approval of the recommended revenue and appropriation adjustments as follows: Fund Balance at 1st Quarter Budget Deport: Additional Carryover Appropriations Available Fund Balance 12/11/2007 Net Approved Adjustments Increase in Revenue Proposed Adjustments Total Increase to General Fund Balance Adjusted Fund Balance 613012008 $(1,790) 75,008 (52,8 4p} $1 }6191577 1,6M963 2 '{ 41 Because some projects, operations, and orders are not complete by the June 30 year-end close, it is common for the projected fund balance to be reduced by expenses (carryovers) to be paid in the current fiscal year. BACKGROUND: Each year, the City Council/ICDA Board of Directors adopts a budget, which commits resources to the accomplishment of its policies. The Financial Services Department routinely prepares quarterly budget updates for the City Council. Agenda Item 11.a. Page 1 CONSIDERATION of MID YEAR UDGET REPORT FEBRUARY 2 , 2008 PAGE 2 The purpose of the City's Mid Year Budget Report is to.- Compare o. Compare revenues received and expenditures made to budgeted amounts to determine appropriate adjustments. Report on Departmental accomplishments. Provide a link between the City budget, the financial records, and the independent financial audit. Compare current revenues and expenditures against the prior fiscal year. ANALYSIS of ISSUES: As reported in the First Quarter Report, after mating all year-end closing entries, it was discovered that Fiscal Year 2006-0revenues were significantly below what staff had originally estimated. Since these estimates were used for the base when staff was preparing the Bi -Annual Budget projections, it has caused shortfalls in both years of the 200 7-09 Bi -Annual Budget. Staff proposed and the Council approved several adjustments in the First Quarter Report. These adjustment are outlined below: The existing budget included a positive balance, which was used to address a significant portion of the reduction in revenue projections. 0 Departments were requested to implement 2% reductions to their operational accounts. Vehicle purchases were postponed where possible. Additional consultant service: intern and overtime expenditure reductions were approved. Fee increases were proposed based on the findings of the comprehensive laser Fee Study. All revenue and expenditure accounts were reviewed and adjustments were proposed where appropriate to maintain accuracy. New revenues from PG&E and cell phone towers Ceases were budgeted. Funds were proposed to be withdrawn from the City's balance in Worker's Compensation and Liability reserves remaining from tail claims when the City joined the California .point Powers Insurance Authority CPIA. The City currently has a projected balance of $641,846 when remaining claims are closed. However, C JPIA has recently experienced major claims from other member jurisdictions, which are projected to substantially increase rates over the net 3 -year period. As a result: only a small portion, $90,000, of the balance was recommended to be withdrawn at First Quarter. The remaining funds were to be used to cover expected increases. However, while liability costs are projected to increase the City's Workers Compensation costs have continued to decrease. As a result, it was determined that less would be needed to fund expected increases than projected. Therefore, staff is requesting an additional increase of $50,000 in insurance refunds be withdrawn. Agenda Item 11.a. Page 2 CONSIDERATION OF MID YEAR BUDGET REPORT FEBRUARY 26, 2008 PAGE 3 At the request of Council during discussion of the First Quarter Report, staff prepared an analysis of property and sales tax projections. The first property tax payments were received: which increased 8% over the prior year. Staffs estimate for the year was 7%. With property values continuing to fall, staff believes this should place the City close to its budget target by the end of the fiscal year. Staff also recently net with the City's sales tax consultant Hinderliter: deLlar as Associates). Sales tax received after the first four months of the fiscal year was at 33% of the amount budgeted. Therefore, staff believes the sales tax revenue is on target at this time, but requires ongoing monitoring since it is so close. There are additional revenue items currently below staff projections, which are cause for concern and may require further budget adjustments. However, they are relatively minor and probably will not involve major changes. As discussed in the First Quarter Report, the current budget does not meet the Council's fund balance goal of 20% or a minimum of 15%. The projected fund balance remains at 11 %. Immediately achieving the minimum fund balance goal would result in service level reductions. Therefore, staff proposed to build the reserve over the net 2-3 years through year-end savings. The total Citywide Fuad Balance reported at ,June 30, 2007 i $30,722,108. This is an increase of approximately $5,972,080 over June 30, 2006. The beginning General Fund balance is $1,808,404, which was a decrease of $550,674 from the prior year and at year end was 13% of General Fund appropriations. The audited Fund Balances reported in the Comprehensive Annual Financial Report CAFI have been incorporated into the beginning fund balances on Schedule A. There is one adjustment to the beginning fund balances that are different from the CAFR. The adjustment was to subtract the Fixed Asset balance of $10,037,001 from the Water Fund in order to reflect a more accurate cash fund balance. The current projected available General Fund Balance for dune 30, 200 8 is $1,639,34'1 t a decrease of $883,020 from the projected fund balance of $2,522,361 published in the F Zoo -o Bi -Annual Budget. The published fund balance did not include all carryover expenditures or compensation adjustments for FY 2007-08. The projected Fund Balance assumes revenues are received exactly as budgeted, all budget expenditures are made, and all capital transfers required by the CIP Program are completed. Historically: the General Fund has not been required to fund all budgeted capital transfers, and expenditures at year- end are traditionally less than budgeted. Therefore it is likely than the June 30# 2008 General Fund Balance will be greater than that projected. As part of the Mid Year process, staff is asked to review their current budgets and determine if any adjustments are required. This report includes General Fund requests of an additional ($67,530) in appropriations: an increase of $5,926 in Transfers -in and an increase of $71,982 in General Fund revenue. Additional increases in appropriations are requested in the Federal Fire Act Grant ($'15,959) due to the completion of the grant, the Redevelopment Agency Fund ($'1,400) in personnel transfers due to the City Manager salary increase, Agenda Item 11.a. Page 3 CONSIDERATION of MID YEAR BUDGET REPORT FEBRUARY 28, 2008 PAGE Redevelopment set Aside Fuad of ($1,480,200) related to increased personnel transfers and purchase of land, CIP Fund of ($316,655) due to additional projects that are listed in more detail in the Ilid Year Budget Repo rt, the Sewer Fund of ($2'1,00) due to increased personnel transfers, serer system management plan and council approved improvements, the Water Fuad of ($34,266) related to personnel transfers, Water Well No. 8 pump repair and the Farroll Aire rehabilitation project, and lastly the Water Facility Fund of $10, for the Farroll Aire rehabilitation project. Staff is requesting a decrease in appropriations in the Local Bales Tac Fund of $4,396 due to savings from the Fire Radio Communications Upgrade. Detailed descriptions of these requests are included in the Mid -Year Report ort and shown on Schedules A and B. The Management ent Deporting system status Report on departmental accomplishments and key issues in progress is presented as a separate section at the end of this report. Each department /division reports the work accomplished during the first half of the fiscal year toward an improved City government. Also reported is the progress toward those on-going projectstwork efforts that will continue into the remaining quarters. ALTERNATIVES: The following alternatives are provided for city Council/DDA Board consideration; 1. Approve the following Schedules A and B included in Mid Year Budget Report that summarizes budget adjustments; 2. Do not approve recommended budget adjustments and propose reductions to balance budget and/or increase General Fund reserve; 8. Provide direction to staff. ADVANTAGES: Staff conducted a review of City funds and is recommending certain budgetary adjustments. By approving this recommendation, the budget will remain balanced. A balance will remain in Fly 2008-09 in anticipation of labor negotiations. Department staff is working on additional efficiency measures to further increase this balance. DISADVANTAGES: Based on the recommendations, departmental budgets will continue to be constrained and will present a challenge to some accounts to maintain expenses within the budgeted amounts. In addition, reserves will be below the General Fund 15% policy minimum. ENVIROMENTAL REVIEW: IEW: No environmental review is required for this item PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of city Mall on Thursday, February 21, 2888. The Agenda and report were posted on the city's website on Friday, February 22, 2888. No public comments were received. Agenda Item 11.a. Page 4 CONSIDERATION of MID YEAR BUDGET REPORT FEBRUARY 28, 2008 PAGE 5 Attachment(s): Mid Year Budget Report Agenda Item 11.a. 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Page 24 CD R0�� � c9 �INCORP019ATE a " My lo. loll + MANAGEMENT REPORTING SYSTEM c�tiroaN�P MID -YEAR July 1, 2007 - December 31. 2007 FUND: General Fund DEPARTMENT: City Manager's Office DIVISION: City Administration Mid -Year Accomplishments Completed development of strategies for cost control of retiree medical benefits, have thus far implemented changes with two of the City's employee groups, and have made proposals to the remaining two groups. Coordinated preparation of release of an RFP for the Faeh Street hotel project. Coordinated purchase of the Courtland Street property for an affordable housing project and plans for a commercial project on the remaining parcel. Prepared a neva management performance evaluation form and merit pay program. Prepared and distributed the first annual local sales tarn allocation report to all households. Completed an analysis of basketball hoop regulations. Prepared and presented a "Mate of the City" program to all City employees. 0 Prepared and presented City input and concerns regarding the impact of Los Robles Del Mar on the City's water supply for Local Agency Formation Corrmissi n consideration. 0 A proposal was negotiated with, and approved by, the Water Quality Control Board for settlement related to a City sewage spill to substitute proposed projects t address the majority of the terms of the agreement. 20 Agenda Item 11.a. Page 25 Kev Issues 1 Work Efforts In Pro ress Staff is coordinating with Pismo Beach, Grover Beach and OCSD to negotiate renewal f the South County Sanitary Service franchise agreement r issue an RFP for a neva operator. 0 Negotiations are under way with OCSD regarding extension f the water sharing agreement. Recommendations are being developed for neva City public education programming min to be aired on the City's government channel. 0 Work is under gray to complete update of the City's Personnel Regulations ns and Administrative Policy Manual. • A property trade designed to expand pillage parking behind the City Council Chambers is under negotiation. Negotiations are under way to potentially propose sale of two unused City properties to generate revenue for the City's reserve and agricultural conservation. 21 Agenda Item 11.a. Page 26 INCORPORATE ■IULY 10■ 1911 , F FIND: DEPARTMENT: MANAGEMENT REPORTING SYSTEM MID -YEAR JuIv 1. 2007 - December 31, 2007 GENERAL FANO ADMINISTRATIVE SERVICES Mid -Year AccomWishments Completed one 1 Municipal Code supplement to incorporate newly adopted Ordinances into the City's Municipal ipal Code. Coordinated one 1 publication of the City newsletter, Stagecoach--Expres, rrih was mailed to all City residences and businesses. Completed backfile scanning of City Council minutes dating back to 1911 into the LaserFihe document imaging system. Administered oaths of office to newly appointed advisory body members who assumed unscheduled vacancies on various City commissions, boards, and committees. * Distributed Semi -Annual Campaign Statement forms to elected officials and focal campaign committees. • Processed City documents (deeds, contracts,, agreements, resolutions, ordinances, minutes) in a timely manner. Met all legal publishing and posting requirements. Received eived $1,000 grant from the Southern California City Clerks Association for purchase and implementation of a document and insurance certificate tracking software. Assisted in redesign of City's website by transferring existing content and documents from the old website to the new website. • Updated government access channel with information provided by City departments on events, programs, and services. • Completed terra as SecretaryTreasurer for League of California Cities Channel Counties Division. * Appointed to the League of California Cities Administrative Services Policy Committee. 22 Agenda Item 11.a. Page 27 Kev_Issues Work Efforts In Prociress Distribute Annual Statement of Economic Interests Forms to all elected and appointed officials of the City, including members of the City Council, commissions, boards committees, staff, and consultants. Coordinate publication of two 2 issues of the City newsletter, Sta ecoa h Esc rens for distribution to community in February and June 2008. Begin planning for the November 2008 General Municipal Election. Conduct bi-annual review of the City and Redevelopment Agency Conflict of Interest Code. Begin City-wide Records Management Program and Retention Scheduler `Ject. Expand use of government access channel to include videos on departmental or Citywide activities and programs. Update the Commissioner's Handbook. Update the Administrative Services Department Procedural Manual. 23 Agenda Item 11.a. Page 28 I �pRROy� � o • •^�v^pE • MANAGEMENT REPORTING SYSTEM c44-/FORN�P MID -YEAR July 1. 2007 - December 311,2007 FIND; GENERAL FUND DEPARTMENT: T: FII ANCIAL SERVICES Mid -bear Acc n1 lishments • Completed a laser Fee Study. • Prepared a Citywide Master Fee Schedule. Outsourced Utility Billing services. Completed the Fiscal Year 2006-07 audit. Completed the California Street Report rt and California Transportation Report. Completed the State Controllers Report for the City and the Redevelopment Agency. Completed an OPEB study. Prepared the 2007-08 and 2008-09 Bi -Annual Budget. Developed the city's first Comprehensive Annual Financial Report. Finalized the IFAS audit. Established a Vehicle replacement fund. Prepared Continuing Disclosure statements for the Lopez bead and the FDA tax allocation beads. Key IssueslWork Efforts InmProaress 0 Updating the City's Purchasing policy Implement enhanced PEES benefits for SEIU and POA, 24 Agenda Item 11.a. Page 29 /pRR0�0 X. 0 M +wr o 1e11 t MANAGEMENT REPORTING SYSTEM 4., - % MID -YEAR J u ly 1 200 - December 31. 2007 FUND: GENERAL FUND DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT Mid -Year Accomplishments Revised design and budget for E. Branch Streets ape Project including ire -ground trees, storm drainage system and new street furniture. Completed Traffic Way S reets ape and restriping plans for spring construction, including E. Cherry Avenue and Fair Oaks Avenue improvements. Completed Affordable Housing Density Bonus Ordinance adoption for consistency with State laws and 2005 Housing Element. Assisted RFP for EI Camino Real & Faeh Avenue hotel. Coordinated with HRC and historic resource consultant regarding development Of the local designation criteria, survey and process. Processed approvals for revised Creekside Mixed Use and Pad "I" of Five Cities Center development projects. Assisted Eike Plan lane implementation projects On Rancho Parkway, E. Grand Avenue, Farr ll Avenue and pending .James Way and Traffic Way. * Completed PG&E Park N Ride TUP and improvements. * Assisted with Fee Study and adoption of new schedule. 0 Completed Creek Study and new creek setback standards. 25 Agenda Item 11.a. Page 30 Key Issues/Work Efforts in Pr cess Initiated additional parking, sign and personal service amendments to Development Code: Continuing hearing process. Coordinating addendum and reconsideration of Tract 01-001 (1998): Spring - Summer 2008 public hearing process. Initiating work program and preparation of Agriculture, Conservation and Open Space Element Update including Ag Buffe"r and landscape design guidelines, Energy and Water conservation policies, greenbuild policies and programs. Continuing work on Le Point Street public parking and Mixed -Use proposals. Continuing coordination on Courtland E -Grand Mixed -Use Project, additional restaurants, VCA, PSHH and Police Facility expansion alternatives and projects. e Hillcrest Stonecrest subdivision, GPA & DCA coordination. Prepare El Canino Deal and Elm Streetscape Enhancement Plans and phased implementation proposals. Assist Village Green reconstruction, including new sidewalks, parkways, lights and street trees. Propose refinements to FAR, lot coverage and new design guidelines in Village Historic Overlay District to prevent t'Mansionl ation". Assist with entry Identification signs at E. Grand Avenue, Traffic Way and other Ivey locations. Assist with El Camino ealFaeh Avenue hotel development agreement and coordinate process through ARC, PC, CC & RDA. Seek Agricultural Conservation Easement and/or Transfer of Development Credits and mitigation for ALC or Traffic/Cherry and Huasna Road areas. W Agenda Item 11.a. Page 31 INCORPORATE IL rn JULY lo. 1911 F 0 R14 Fly, MANAGEMENT REPORTING SYSTEM MID -YEAR July 1. 2007 - December 31. 2007 GE ERAL FUND DEPARTMENT: ENT: INF RMATI I TECHNOLOGY Mid -Year Accomplishments Procured departmental computer upgrades as approved in the FY 0-8 Budget. Installed and configured all new computer systems. Relocated computers to designated departments as needed to meet current IT standards within the City. Procured and installed GIs Workstations (GIS Tech. and Parks Dept). 9 Acquired new color aerial photography of City and surrounding areas. o Acquired hand-held GPS unit. 0 Created topologies for several GIS layers (needed to accurately update polygons). • Audited CIS panel layer to improve overall accuracy. Began GIS Client software implementation on City computers designated b 'staff. Completed GIS system implementation. • Built intranet application for GIS -based tracking of traffic accidents. Began citywide audit of addresses for 2018 Census Gfs . Audited address data in building permit system. Redesigned and launched new website and provided website management training to design aced ' C ity staff. Built intranet application for quick land use/building permit information lookup and map/label creation. Began Eden to Laserfi he integration configuration and testing. Installed additional network daps at City Mall to support printing to the Panasonic copier and better serge existing network devices. A Agenda Item 11.a. Page 32 Finalized a new licensing model with eompCom Systems to assure all City computers remain current with Microsoft office Professional business software, and all City server software platforms are maintained with the most functional platform for the City network environment. Completed the Land Management project including an upgrade of the existing Building Permit application, and new installations for Plan Review and Land Use. Procured all budgeted E C equipment for the Fire Dept. and began testing. Completed implementation of an enterprise level anti-spam/virus solution for the City. Completed testing of network hardware to support the switch upgrade project. Completed computer configuration changes associated with the Police Dispatch Center. Implemented the on Duty scheduling software at the Police Dept. Implemented TI IS application Millennium upgrade. Completed design and cost analysis associated with a T-1 data circuit installation from the Police Dept to the Resource Center at 910 Rancho Parkway (network extension). ,Key Issues Work Efforts Ire ar r a Continue working on an acceptable CRM (Citizen Bequest Management) system for the City. 0 Renew Software Assurance on all server software. mare. o Procure an Enterprise licensing agreement for Microsoft Office Professional. Migrate all City computers to the latest most functional) version of Microsoft Office Professional. Complete Eden to Laserfiche integration. Complete all printer replacements budgeted for F o -o . Complete all flat panel monitor replacements budgeted for FY07-08. Complete EOC equipment testing at Fire Dept. Complete network switch replacement at rewrote sites. Increase network backup capacity as necessary to support 'increased storage requirements. • Continue work with vendor to implement changes associated with the Building Permit fee schedule changes. Complete MC.SE Microsoft training and test for certification. Attend Microsoft Exchange email training to enhance the level of administration and support to the City. 28 Agenda Item 11.a. Page 33 Compete T-1 data circuit installation between Police Dept and Resource Center at 1Rancho Parkway (network extension). 0 Complete SWAT notification system using SMS via SMTP. Work with Police Dept staff and contractors during Police Dept expansion project t assure integrity of IT resources. Work with vendors as necessary to complete implementation of the SLO County Regional CAD Integration project. • Install additional network daps to support mobile Live -Scan equipment, ID Badge system relocation, and expanded network printing. Install Truck -Tracker network application to be utilized by Police Dept staff and City Fleet Maintenance. 29 Agenda Item 11.a. Page 34 06-11ROY (A C, :O:� A. IN ORPORAirab ■ k .n. Lir 10, 1 9 1 1 MANAGEMENT REPORTING SYSTEM MID -YEAR July 1.2007 - December 31. 2007 FUND: GENEF AL FUND DEPARTMENT: POLICE Mid -Year Accomplishments Crime Activity - FBI Index Crime rate for the City of Arroyo Grande continues at about 30% below the National crime rate and about 30% below the State crime rate for cities of similar size. Customer Service - Completed a thorough review of service levels to the public Including staffing, follow up activities, correspondence and image enhancement. Customer Service - Obtained customer service feedback through the Employee, Volunteer and Advisory Council surreys. Attended and spoke on behalf of the AGPD and customer er service at numerous service groups and organizations including the pillage Improvement Association, Rotary and Kiwanis. • Employee Recognition - Recognized ed AGPD employees both formally and informally during this period for internal and external customer relations. This included Police Department Employee of the Year, Officer of the Year, Reserve Officer of the Year, City Employee of the Year and "Honorary Police Employee of the Year„ recognizing two external city employees for their contributions to the Police Department team. Expectations - Completed a "Management Expectations' questionnaire in order to solicit feedback from organization members on what they expect from their Chief of Pol ice. Expectations -- Developed and presented a comprehensive "Supervisory Expectations" directive and a general "Expectations" directive for all employees that focused on many professional and ethical issues. 30 Agenda Item 11.a. Page 35 Organizational Change - Developed, and continue to develop, working "Focus Groups" to address the issues revealed in the employee surveys and organizational assessment. Department Meeting - Held a Department Meeting to introduce the visioning process and hover the surveys will lead to specific goals and objectives. Key Issues 1 Work Efforts In Progress Cyber Crime Child Pornography — The AGPD has taken the lead in developing the technological skills necessary to address child pornography on the internet as it relates to suspects and victims in the City of Arroyo Grande. Investigations are currently in progress and arrests are anticipated in the near future. Goals and Objectives - A police department multi-year Goals and Objectives Plan is close to being finalized, which has been developed with input from all department stakeholders through the survey process. Fleet Leasing Reduction n Program - The department is currently developing a proposed fleet leasing reduction program that would provide for a smaller, more efficient and better -equipped police fleet. Upgraded Radio Systems - The department is continuing to upgrade the radio communications system. Facility Expansion Study - The department is continuing the process of a police facility expansion feasibility study regarding current and future building needs. Cyber Neighborhood Veatch - The department has been collecting email and home addresses of community members in order to email time sensitive safety related and crime prevention information directly to a citizen's home. Citizen Academy Volunteers - The volunteer program has expanded by eight members that graduated from the 2006 Citizen's Academy. 37 Agenda Item 11.a. Page 36 /pRROy� INCORPORATErn c9 ! MANAGEMENT REPORTING SYSTEM 0 ,4/fORNP MID -YEAR July 1,2007 - December 31. 2007 FUND: GENERAL FUND DEPARTMENT: ENT: BUILDING & FIRE DIVISION: FIRE AND EMERGENCY SERVICES Mid -Year Accomplishments Incident Response Statistics: e !Vote: Out of 930 incidents, 173 were AutolMutual cif incidents. Assisted in the completion of the User Fee Study, which was approved by City Council. This will result in a fee increase to assist in covering the operations dost of the Fire and Emergency Services Division. During this reporting period $169,377 has been invoiced for cost recovery and $36,872 has been recovered reimbursed. Apparatus The Division took deliverer of a new 2007 Pierce fire engine. Two fire engines, a 1984 Van Pelt and 1996 Hi -Tech, were declared surplus for consignment and sale. 32 Agenda Item 11.a. Page 37 Amount Medical 536 Fire 7 Vehicle Accidents 4 Hazardous Conditions 3 Other 233 Total Incidents 930 !Vote: Out of 930 incidents, 173 were AutolMutual cif incidents. Assisted in the completion of the User Fee Study, which was approved by City Council. This will result in a fee increase to assist in covering the operations dost of the Fire and Emergency Services Division. During this reporting period $169,377 has been invoiced for cost recovery and $36,872 has been recovered reimbursed. Apparatus The Division took deliverer of a new 2007 Pierce fire engine. Two fire engines, a 1984 Van Pelt and 1996 Hi -Tech, were declared surplus for consignment and sale. 32 Agenda Item 11.a. Page 37 Eme[gency ELeparedness Designed the layout of the Emergency operations Center (EOC) and designed a facility layout for E C activation. Purchased laptops and printers for the E C, Haps consisting of street layout, severer lines, grater lines, drainage lines, property layout, aerial photo and surrounding communities have been purchased, laminated and hung for quick and easy access. Purchased and stored supplies for each Section. Identified the need for additional phone lines. Purchased hand-held radios specifically for use in the EC. Over gg of the city staff have been trained to Tier 1 National Incident Management Systems N I S requirements. The city of Arroyo Grande is now NIM'S Tier 1 compliant. Grants Arroyo Grande Police and Fire Departments have collaborated on grants that benefit each organization. Established a Grants Planning Committee with Grover Beach and Oceano Fire Departments and conducted planning meetings to set priorities for a regional grant application and priorities for station applications. Joint Fire services A revised Management, Administrative and Training services Agreement was approved and adopted on July 1 between the Cities of Arroyo Grande and Grover Beach. This Agreement continues to provide Fire chief services to the City of Grover Beach. Added to the agreement is services provided by the new Battalion Chief for training of both agencies and assisting in the management and administration of the Grover Beach Fire Department. The Fire Oversight Committee continues to meet bi-monthly. On July 1 the City entered Into a Public Safety Equipment Sharing Agreement with the City of Grover Beach and the oceano Community Services District. Sharing fire safety equipment is beneficial to the health, safety and welfare of the residents within each jurisdiction. Joint committees were formed as a result of the revised Management, Administrative and Training services Agreement. They include Apparatus, Equipment Purchasing, Grants, Recruitment, Standard Operating Guidelines, Pre - re Plans, and Training. Negotiated a proposed agreement with the Oceano Community Services District to provide them with training and Fire Chief and Battalion Chief services. 33 Agenda Item 11.a. Page 38 The Five Cities Reserve Firefighter Program was developed and implemented within the Arroyo Grande, Grover Beach, and Oceano Fire Departments with the goal of promoting cross -staffing opportunities to the reserve firefighter ranks within all three organizations. Proposed and obtained Council approval of a revised Compensation Flan for the Reserve Firefighters. The City of Grover Beach and Oceano. Community Services District did the same so that all Reserve Firefighters in the Five Cities Reserve Firefighter Program will be paid the same wage. This was implemented January 1, 2008. Emphasis has been enhanced on developing and revising Standard Operating Guidelines S G to reflect the changes resulting from hiring a new Battalion Chief and developing the new Five Cities Reserve Firefighter Program. The Sots have also begun to reflect the inclusion of the oceano Fire Department, specifically in the training and response areas. Pre -fire planning has become a top priority for the Arroyo Grande, Grover Beach and Oceano Fire Departments. General criteria have been developed for the types of occupancies. Target hazards have been identified in each jurisdiction. Programs The Fourth of July Safe and Sane Fireworks celebration was a success. Sic non- profit organizations were issued permits to sell Safe and sane Fireworks providing $3,540.00 to the General Fund. The non-profit organizations will benefit from the revised Fireworks Ordinance that was adopted by City Council in May 200 7. The Annual Weed Abatement Program was successfully coordinated by the Executive Secretary with the assistance of the Neighborhood Services Division. Reviewed the current Fire Chaplain Program and have researched similar programs than have been implemented at other fire agencies. Researching the development and implementation of a Public Access Defibrillation (PAD) Automatic Eternal Defibrillation (AED) Program. This program would provide defibrillators in City of Arroyo Grande buildings and the Clark Center to be used in case of a cardiac emergency. Possible funding sources are being identified. Rartruitment Recruitment for the new full time Battalion Chief position was completed in September and Rini Heath has been appointed the neer Battalion Chief sharing his responsibilities between the City of Arroyo Grande and the City of Grover Beach. 34 Agenda Item 11.a. Page 39 Recruitment to fill a vacant full time Fire Engineer position was completed in December and Devin McLean has been appointed the neva Fire Engineer. The first recruitment for Deserve Firefighters for the neer Five Cities Reserve Firefighter Program began in December. Training Daily crews provided station tours, school presentations, and local business presentations to over 600 children and adults during this period. The Division has successfully coordinated two quarterly blood drives with the United Blood Bank. Staff continues to train daily and weekly with the Grover Beach and Oceano Fire Departments. Division members attended classes and schools that allowed the Department to maintain skills and certifications, and to meet local, regional, and State standards. The first Professional Development training was delivered to Arroyo Grande, Grover beach and Oceano fire personnel. David (lathe instructed them on "Leadership Challenge." Key Issues Work Efforts In Pro -gross Continue tracking cost recovery fees specifically for strike team reimbursements. • Continue providing Fire Chief and Battalion Chief services for the City of Grover Beach. Continue to participate in the recruitment process for Reserve Firefighters with the City of Grover Beach and Oceano, Community Services District for the Fere Cities Reserve Firefighter Program. Continue writing S Gs that will apply to both Arroyo Grande and Grover Beach Fire Departments. Continue to work on pre -fire plans with Grover Beach and Oceano Fire Departments. A format will be chosen for the pre -fire plans and a time frame in which each target hazard will need to be completed. Design and implement an ID card system for city employees and the Emergency Operations Center. Provide training to individual departments on their functions in the Emergency Operations Center. 35 Agenda Item 11.a. Page 40 1IMS Tier 2 training will be conducted in 2008. Recently released IIS Guidance is being reviewed for City of Arroyo Grande impact. Continue reviewing the latest Department of Homeland Security DHS) grant guidance for the Police and Fire Departments. Continue to provide grant administration and application for additional grants. o The Grants Planning Committee will submit applications as soon asg uidelines and federal register have been published. o Continue Public Access Defibrillation(PAD) Automatic External Defibrillation AE Program. Program guidance and training documents need to be developed. The brand f AED needs to be determined. Funding sources need t identified. dentified. Complete the revision of the Fire Chaplain Program, o Delivery of the second Professional Development training with Arroyo Grande, Grover Beach and Oceano fire personnel will be held In February with other presentations on a quarterly basis. 3s Agenda Item 11.a. Page 41 �CORPORATE pRROy� C, 13 "IULY 10. 1911 MANAGEMENT REPORTING SYSTEM OF It MID -YEAR July 1. 2007 - December 31. 2007 FUND: GENERAL FUND DEPARTMENT: BUILDING & FIRE DIVISION: BUILDING AND LIFE SAFETY Mid -Year Accomplishments Recruitment for the Permit Technician position was completed and Any Courtney has been appointed the new Permit Technician for the Division of Building & Life Safety. The new State codes have been adopted, which incorporate the International Building & Fire Codes. The City has also adopted the International Property Maintenance Code to assist in code Enforcement activities for existing structures. These codes became effective January 1t. The Fire Sprinkler Ordinance was adopted by City Council and implementation started January 1stfor all new buildings greater than 1 000 square feet. Assisted in the completion of the laser Fee Study, which was approved by City Council. This will result in a fee increase to corer the operations cost of the Building Division. A updated version of our Permitting software has been installed and is functioning well. This newer system is allowing staff to route plans and document this routing between the Community Development and Public Works Departments, allowing greater continuity between City Departments and provides better customer service. This new software also has an inspection module that helps us track all the inspections for each project. 9 Plan review is still at the current level with a maximum 2 -week turn around. 37 Agenda Item 11.a. Page 42 The City is now offering same-day inspection if called in the morning before a certain time. Inspections are being performed by staff and aided by the contract Building Inspector, F ustin Messenger, through a contract with JAS Pacific. Major projects that have been completed include: o Applebee's Restaurant, located in the Spencer's center on E. Grand Avenue, received its final inspection and certificate of occupancy. o DeBlau ll's office building with parking below in the East pillage Plaza has been completed and is partially occupied at this time. o The -lot subdivision for S & S Homes located off Farroll Avenue has been completed. o The Le Point Street mixed-use project for Fairway Development is finished. o The Timmons mixed use structure located on Bridge street is completed and partially occupied. o The Coast Hilfs Federal Credit Onion building located in the K- hart Center is completed and occupied. o City Hall entrance remodel has been completed. o The classroom addition to church of Jesus Christ of Latter -Day Saints on South Traffic Way Extension was completed. This included retrofitting the entire building with fire sprinklers. Key Issues I Work Efforts 1n Prorees Progress continues on the following projects: The Ocean Oaks senior Condominiums located on Camino Mercado is nearing completion and is partially occupied. The Hampton Inn Hotel & suites has been permitted. It is currently in the framing stages and work is progressing quickly. o The new Chili's Restaurant, taurant, which is at the location of the old ignettcts Restaurant, is currently under construction. The Shell buildings located at 1399 E. Grand Avenue, adjacent to and a portion of the Longs Shopping Center have been permitted. Construction is expected to begin soon. One is a ,multi -tenant retail and the other building is slated for use by SESLC. Plans are currently being reviewed for two new buildings in the Fire Cities Shopping Center that are multi -tenant retail buildings. Plans are currently being reviewed for more attached residences on Brisco Road as well as adjacent to the Hospital on Fair Oaks Avenue. A new 4 -unit office building is currently under construction at 20 Traffic Way. cellular tomer disguised as a church bell tower is currently under construction t St. Barnaas Episcopal Church on Trinity Way. 33 Agenda Item 11.a. Page 43 o INCORPORATE � �Y 10 1911 . MANAGEMENT REPORTING SYSTEM -J, I I owl ImIki July 1. 2007 - December 31. 2007 FUND: GENERALFUND DEPARTMENT: lEI T: UILDING & FIRE DIVISION: NEIGHBORHOOD OOH SEF VICES Mid -Year Accomplishments An effective communication level has been built throughout the Various city departments and the Neighborhood Services office. Case numbers have increased again from an average of 15-20 calls per month to 20-25. Public education has continued with the dispersal ofhandouts and door bangers. • Enhanced tracking systems have been initiated to improve coordination of efforts n problematic cases. Interaction with new businesses has been a key step in informing them of the City Municipal code. Contacting the business owners at the first opening of their store has made the explanation of issues such as un -permitted signs and window advertising much clearer and easier to comprehend. Staff has been successful in the abating of a number of hazardous and diseased trees in the city. e Use of the City's G.I.S. system has greatly improved ability to locate and mitigate problem areas in the city. Agenda Item 11.a. Page 44 0 Case Statistics. 80 Signage 27 Dight of Way Obstructions 8 Garage Conversions 18 Solid Waste Cases 16 Vegetation Management g Ile h i cl a Storage Noise Nuisances 8 Animal Keeping Illegal Construction 3 Business Licensing 146 total cases d rina this period Key. Issues 1 Work Efforts In Progress Creating and distributing information pamphlets to new businesses and property owners to better educate the city of the more dominate violations that occur in the city and to request correction in an informative gray rather than demanding it in a forceful manner. Other issues to be acted on proactively are signage cases, such as temporary banners and illegal garage conversions. Other methods of public education are being explored to better inform our community of specific life safety issues and why they are of concern. The Police Department has taken over nearly all vehicle related cases with 4 cases closed within the 6 months on a voluntary basis. 40 Agenda Item 11.a. Page 45 /pRROY� INC Z; * ���°°�pEl • MANAGEMENT REPORTING SYSTEM IroaN�P MID -YEAR July 1. 2007 - December 31.2007 FIND: GENERAL FUND DEPARTMENT: PUBLIC WORKS i s DIVISION: PUBLIC WORKS ADMINISTRATION N ENGINEERING Mid -Year Accomplishments Submitted an application to Caltrans for sidewalks on Crown Hill Road near Paulding Middle School for consideration under their Safe Routes to School grant program. Obtained approval from Caltrans on a Transportation System Analysis and Evaluation Report for the relinquishment of State Route 227. Tested an alternative fuel vehicle provided by APCD as potential future purchases/ replacement of City vehicles. KeyIssues 1 Work Efforts In Progress Preparing the Brisc Halcy n 1 1 Project Approval and Environmental Determination (PAIED) Report. Preparing a Desalination Feasibility Study. • Continue processing the State Route 227 Relinquishment. uishment. Preparing a Tree Brochure to be rade available to the general public. 41 Agenda Item 11.a. Page 46 JpRROyO � cINCORPORATED9 " MANAGEMENT REPORTING SYSTEM ,4./f ORN%P MID -YEAR July 1. 2007 - December 31. 2007 FUND: GE f ERAL FUND DEPARTMENT: PUBLIC WORKS DIVISION: STREETS Mid -Year Accomplishments 35 Concrete Replacement projects. Completed annual cleaning of Tally Ho and Meadow creeks. * Continued with asphalt grinding and paving of City reads 9,000 sq. ft.). Key Issues / Work Efforts In Progress • Continuing with concrete replacement. • Asphalt grinding & repairs to roads. Annual sign program. Painting red curbs, sign poles, and pavement markings citywide. Refurbishing several pieces of equipment in-house. Completing shoulder of the road Beautification Project on El Camino real. 42 Agenda Item 11.a. Page 47 ApRROyO � cA JULY 10, 1911 �•m MANAGEMENT REPORTING SYSTEM ,�/FORNP MID -YEAR July 1. 2007 - December 31. 2007 FUND: GENEl AL FUND DEPARTMENT: T: PUE LIC WORKS S DIVISION: AUTOMOTIVE SHOP Mid -Year Accomplishments At Mid -bear, the Automotive Shop has carried out the following services: Services (lube, oil, filter, safety insp.) 115 Tune Up {scope, spark plugs, rotor, cap 2 General (mechanical i.e.} pumps, cables) 51 Electric (starter, alternator,wiring) 2 Brake Repair 31 Warranty Repair 36 Transmission Service and Repair 12 Tire Services (replacing, mount & balance) 3 Tire - epair 32 Pre Trip Check 85 Smog Certificates 13 Key Issue 1Work Efforts I n Progress Biennial Inspection of Terminal (BIT) as per the State of California and California Highway Patrol. Continue to maintain the City fleet at a high level of reliability and safety. is Annual Underground Storage Tank Inspections. 43 Agenda Item 11.a. Page 48 04„00pRROYOC 9 FINCORPORATEDm ”toll MANAGEMENT REPORTING SYSTEM Ly 10. F:OR P MID -YEAR July 1. 2007 - December 31. 2007 FUND* GENERAL FUND DEPARTMENT: PUBLIC WORKS DIVISION: CAPITAL IMPROVEMENT PROGRAM Mid -Year Accomplishments Completed construction of the Elm street Park Shelter e Completed restriping of Rancho Parkway. Completed construction of the Frisco Road Pavement Rehabilitation. • Completed construction of the PG&E Parc & Ride Lot. * Completed design of the Poplar Basin Drainage Improvements. Key Issues Work Efforts In Progress Started construction of the Farroll Avenue Pavement Rehabilitation project. Performed competitive bids and awarded a construction contract for the Mason/Nelson ADA ramps. Performed competitive bids and awarded a construction contract for the East Grand Avenue Microsurfacing project. Continuing design of the Janes Way Rehabilitation project. * Started design for the Fair Oaks Halcyon Traffic signal. • Solicit bids for the Traffic Way Restriping project. 44 Agenda Item 11.a. Page 49 �pRROy� � c9 INCORPORATE XLY 10, 10 11 +'r MANAGEMENT REPORTING SYSTEM ,4jFORNP MID -YEAR July 1, 2007 - December 31.L.2007 FUND: WATER FUND DEPARTMENT: PUBLIC WORKS DIVISION: WATER ADMINISTRATION Mid -Year Accomplishments • Completed Tri -Annual Lead/Cooper Sampling Program. • Completed 172 Service Requests. Completed 431 Service Orders/Open & Close. Completed 170 USA Marking requests. total of 28 single family homes and 66 mobile homes were retrofitted with low -flow toilets/Enures. Key Issues I Work Efforts In Pro -groes • Begin Phase 11 Of the Water Conservation Program. • Formed contract with the County of San Luis Obispo for Cross -Connection services. • Yater/Severer Rate Study. • Plumbing Retrofit Program Phase 1. Agenda Item 11.a. Page 50 �pRR0y0 � c9 F owonArz 2 * JULY lop ^^ + MANAGEMENT REPORTING SYSTEM C9�/FORN�P MID -YEAR July 1. 2007 - December 31. 2007 FMD: WATER FUND DEPARTMENT: EI T: PUBLIC WORKS DIVISION: UTILITIES WATER PRODUCTION Mid -Year Accomplishments e Pumped a total of 738 acre-feet of well water Jul 1't through December 318t. Rewound Well No. 8 75 hp meter. e Completed biannual well motor maintenance program. Replaced three 3 deers on the Elim Street well house buildings. Key Issues 1 Work Efforts In Progress Completion of Well No. 10 and Design of Phase il. o Well #7 Rehabilitation Project. Obtaining additional groundwater supply from OCSD. Agenda Item 11.a. Page 51 �pRROINCOy� F� c9 � JULY 10, r MANAGEMENT REPORTING SYSTEM c,4/Foft N%p MID -YEAR July 1. 2007 - December 31. 2007 FUND: WATER FUND DEPARTMENT: PUBLIC WORKS DIVISION: UTILITIES WATER ISTRI TI N Mid -Year Accomplishments entrs Replaced ten 1 old water services citywide. 0 Replaced two 2 water rain valves. Repaired four water main breaks. Replaced five fire hydrants after they were damaged and knocked off. 0 Installed one 1 new crater service. Completed dead End grater main flushing program. 0 Completed compound meter testing program. Completed AirNacuum valve maintenance program. Completed iter Pump/Meter maintenance program. e Converted 62 water meters in Wildwood Punch t "touch read" meters. Replaced one 1 Rancho Grande Booster Pump. Rebuilt eight CLA-ALS. Key Issues 1 Work Efforts In Pro cess Farrell Avenue Water Main Replacement. Reservoir No. 3/Reservoir No. 5 interconnection project. Replace Brisco, Booster Pump/Rancho anch Grande Booster Pump. 7 Agenda Item 11.a. Page 52 �CORPORATE pRROYp Al. C9 YL • . JULY �^ 1911 MANAGEMENT REPORTING SYSTEM C%, 4 1 MID -YEAR July 1. 2007 - December 31.2007 FUND: SEW FUN DEPARTMENT: T: PUBLIC WORKS KS DIVISION: UTILITIES I SEWER 1AI TEI ANCE Mid -Year Accomplishments Completed Annual Sewer blain Cleaning Program (331,776 feet of sewer main was jet rodded, cleaned and vacuumed out. Completed the quarterly cleaning of lift stations 1-7. Began the Fats, Oils & Grease (FOG) Program with inspections of commercial businesses. Completed the Notice of Intent to comply with the State hater Resources Control Board Statewide General Waste Discharge Requirements for Sanitary Sever Systems. Key Issues 1 Work Efforts I n P r rens CE Annual Report. East Branch Street severer main lining project. FOG Program. * Fair Oaks severer main upgrade/replacement. r ;� Agenda Item 11.a. Page 53 RO INCORPORATE JULY 10, I911 F MANAGEMENT REPORTING SYSTEM MID -YEAR July 1.2007 — December 31. 2007 FUND. GENERAL FUND DEPARTMENT: TMENT: PAD S, RECREATION AND FACILITIES DIVISION: PA s Mid -Year Accomplishments Assumed maintenance of Parkside Park and retention basin. All staff successfully completed I I S Training. Staff assisted with the set up of the Elm St Carnival. Worked with various volunteer groups, including Arroyo Grande In Bloom and the Arroyo Grande Tree Guild on park maintenance projects. Planted 2,300 square feet of new sod around the newly renovated El Street BBQ area. * Landscaped around well #10 at Equestrian Way and Deer Trail Circle. * Assisted with Harvest Festival and Halloween Carnival activities. Assisted Arroyo Grande Tree Guild planting trees and installing root barriers at 122 Poole s. Backflow prevention devices were tested for the required annual inspection. 0 Turf renovation has started at Soto Sports Complex. • Christmas decorations were placed throughout the City. 4 Agenda Item 11.a. Page 54 Key Issues /Work Efforts In Progress • Developing tree trimming plan and inventory system. • Completion of annual tree pruning program citywide. • Completion of Oro Park sidewalk and driveway repair t meet ADA standards. • Complete A. D.A. improvements at Strother Park and Elan Park. Construct improvements to the pillage Green. 50 Agenda Item 11.a. Page 55 0p, Roy FINCORPORATEOo # .rxr 10. ,ani y 0 MANAGEMENT REPORTING SYSTEM It -&I MID -YEAR July 1. 2007 - December 31.2007 FUND: GENERALFUND DEPARTMENT: PA s, RECREATION EATI I Ir D FACILITIES DIVISION: ECI E TI I ADMINISTRATION Mid -Year Accomolishments Completed II ID with the Lucia Mar School District and implemented a -neva "Bright Futures" Childcare program at Margaret Harlce Elementary School. a coordinated projects with Arroyo Grande In Bloom. Hired a new Recreation Supervisor. • Worked with Tree Guild on neer tree plantings along Traffic Way. • Coordinated Harvest Festival events with the Harvest Festival Organizing Committee. • Completed and distributed theWinter/Spring Activity Guide. • Conducted grand opening ofthe newly renovated Elm Street BBQ Area. Key Isueslrk Efforts Ire-Proress * Continue working on plans for the pillage Green. Apply for Green Tree For the Golden State Tree Planting funds. Complete and distribute Summer Activity Guide. Apply for Land and pater Conservation Funds. Coordinate the Summer Concert Series with the VIA. Complete ADA upgrades to Elm Street and Strother Park restrooms. Agenda Item 11.a. Page 56 /ppROINCYO 0 � ���Po,�E 7- MANAGEMENT REPORTING SYSTEM clFORN�P MID -YEAR J u ly 1. 2007 - December 37. 2007 FUND: GENERAL. FUND DEPARTMENT: PARKS, RECREATION AND FACILITIES DIVISION: GENERAL RECREATION Mid -Year Accomplishments Conducted the Sumrnr Playground Program at ElmStreet Park with an average of 55 children participating daily. Conducted 17 field trips to local businesses as well as hosting 6 local business visits to the Summer Playground Program. Conducted Winter Break Program at Elm Street Park with an average of 20 children participating daily. The City of Arroyo Grande and Oman's Club Community Center has hosted 328 groups totaling nearly 10,931 participants, The Elm Street Community Center has hosted 289 groups and approximately 7,557 participants. Key issueslWork Efforts In -Progress All staff will complete or re -certify in CPR and First Aid training this spring. Activities for the Spring Playground Program are being scheduled. Agenda Item 11.a. Page 57 ROA. y� � c9 • �^��°INCORPORATE MANAGEMENT REPORTING SYSTEM C,4/iORN`P MID -YEAR July.1, 2007 - December 31. 2007 FUND: GENERAL FUND DEPARTMENT: TMEr T: PARKS, RECREATION EATI I AICD FACILITIES DIVISION: F E -SCHOOL Mid -Year Accomplishments Conducted the Summer Pre -School Program with an average of 22 children participating in two three-week sessions. The Fall Pre-school Program operated with 63 students. e Took 1 preschoolers on a field trip to Holloway's Tree Farm in December~. Key IssueslWork Efforts In -Progress All staff will complete or re -certify in CPR and First Aid training in spring. 53 Agenda Item 11.a. Page 58 MANAGEMENT REPORTING SYSTEM MID -,YEAR July 1. 2007 - December 31.2007 FUND: GENERAL FIND DEPARTMENT: PARKS, RECREATION E TION AI FACILITIES DIVISION: SPECIAL PROGRAMS AMS Mid -bear Accomplishments: Held a Summer Carnival on August 101h with 220 children participating. Conducted the Holiday Decorating Contest for business and residences. Worked with Hancock College Cross country team and the Arroyo Grande Lions Club to organize the 30tn Annual Turley Trot Fun Faun with 242 participants. Organized Harvest Festival Activities including the Diaper Derby and Chili -Fest. The noon -time sports program for the Lucia Mar Unified School District successfully operated at the Harloe Elementary school. The Parent's Night Out program ran successfully this fall with an average of 2 children participating on the first Friday of each month. The Preschool and Children In Motion programs participated in the Annual Holiday Parade in the pillage on Sunday, November 25th, Organized a variety of youth and adult contract classes including art, baton, dancing, soccer, tennis, basketball, dog obedience and babysitting. Completed the Summer Softball League with 59 teams. Completed Sumner and Fall Adult Basketball Leagues. Key Issues/Work Efforts In -Progress The department is planning the Volunteer Banquet, the Annual Valent show and the Annual Egg Hunt and Festival. Organize and conduct the Mouth Wrestling Program. Organize and conduct the Pinter Adult Basketball League. Organize and conduct the Spring Adult Softball League. 5 Agenda Item 11.a. Page 59 { RO INCORPORATE M JULY 104 1911 FO IfRt FLAN: DEPARTMENT: DIVISION: MANAGEMENT REPORTING SYSTEM MID -YEAR July 7, 2007 - GENERALFUND December 31, 2007 PARKS, RECREATION AND FACILITIES CHILDREN IN MOTION Mid -Year Accomplishments Children in Motion completed another successful Summer Day Camp at Margaret Harloe Elementary School. Approximately 100 children per day participated in a variety Of activities including: 17 field trips, 5 guest speakers, and theme based games, crafts and special events. School Year Programs continue to be successful with average daily attendance of 3 at Branch Elementary, 75 Ocean View and 22 in the kindergarten program at the Elm Street Community Center. Staff completed an MOI. with the Lucia Mar School District and implemented a new "Bright Futures" afternoon childcare program at Margaret Harl a Elementary School. Daily attendance in the morning CIM program 1s 35. Approximately 80 children per day participate in the Bright Futures Program. Effective August 27, 2007, the children in Motion program implemented an hourly fee increase from $2.70/$2.30 to $3.00 an hour. in addition, an annual fee of $25.00 per child was established. CIM continues to partner with the Economic Opportunity Commission (EOC) t0 provide reduced childcare rates for lower income parents. E C pays for eligible families to participate. currently, 21 students utilize the E c attend Children in Motion Sites. Three weeks of Winter Camp were successfully completed this past holiday break at Ocean View Elementary School with daily attendance Of 50-85 children per day. 55 Agenda Item 11.a. Page 60 Kev Issues/Work Efforts In -Progress 00 Staff will be doing a complete review of all licensing requirements and insure that sites are in full compliance with all rules and regulations The Coordinator will discuss proper documentation techniques and discipline policies at an upcoming staff meeting. Staff will begin planning for the upcoming spring Break and Summer Programs in February. In April, all necessary staff will be completing re -certification for Fiat Aid and CPR. Staff at Harloe will continue to work closely with the LMUSD to implement improvements to the new afterschool program. Agenda Item 11.a. Page 61 INCORPORATE RROyO �� c9 A.�Z * ^^• 10, ppa^ • MANAGEMENT REPORTING SYSTEM 41 Oft MID -YEAR J u ly 1. 2007 - December 31. 2007 FU GENERALFUND DEPARTMENT: T: PARKS, RECREATION EATION AID FACILITIES DIVISION: ISION: CITIES YOUTH BASKETBALL LEAGUE Mid -Year Accomplishments ents Registered 114 teams with over goo participants. Coordinated with Niporno Recreation for game scheduling to include an additional 22 team with 160 placers. Instituted computer scheduling of games: resulting in savings of 20 staff hours. 0 Prepared game schedules for the league season o games). Recruited, trained and assigned 57 referees. 0 Collected $62,769 in fees. 0 Completed team and individual photos. 0 Completed the fiat 375 games of the season. Key Issues I Work Efforts In Progress Preparation of the end of the season tournament schedule. Distributing photo packets. Continuing preparation of referee schedules. Preparation for tournament finals and awards ceremony. 57 Agenda Item 11.a. Page 62 /`0.ROy� �� C9 yowonnte o * "LY 10 ,^, + MANAGEMENT REPORTING SYSTEM C,'j/F Oft N`P MID -YEAR July 1.2007 - December 31. 2007 FUND: GENEF AL FUND DEPARTMENT: TMENT: PARKS, RECREATION EATIOI AND FACILITIES DIVISION: SOTO SPORTS COMPLEX Mid -Year rn lishments Hosted, prepped fields and provided maintenance for the tournaments of: 4th f July, A.A. Sober, Lair Enforcement, and Arroyo Grande Valley Little League Sectionals, Soccer Clinics and two Babe Fruth Baseball Tournaments. Used new top dresser to renovate ll eda olunteer Fields. 0 Repaired and bans in basin. 0 Replaced ballasts in tennis court lights. 0 Performed over 125 field preparations for softball, soccer and football games. Renovated the irrigation system on Pilg and Campbell Fields. Key Issues I Work Efforts In Progress Complete renovations to Pilg, Campbell, Porter, Dan Roberts and Santos turf areas. * Coordinate with youth sports groups to replace outfield fencing on Porter Field. Agenda Item 11.a. Page 63 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 11.a. Page 64 o 7 INCORPORATED rM MEMORANDUM ► JULY 10. 1911 , To: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR of FINANCIAL SERVICES SUBJECT: CONSIDERATION OF MODIFICATION TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT FOR THE LOCAL MISCELLANEOUS MEMBERS AND LOCAL POLICE MEMBERS DATE: FEBRUARY 26, 2008 RECOMMENDATION: It is recommended the City Council: Approve and authorize the Mayor to sign on behalf of the City the attached Resolution of Intention to amend the contract with the California Public Employees' Retirement System for local Miscellaneous members and local Police members; and Introduce the attached Ordinance amending the contract with the California Public Employees' Retirement System for local Miscellaneous members and local Police members. FINANCIAL IMPACT: This modification will Increase the Present Value of Benefits under the contract "contract" for the Miscellaneous plan by $1,102,900, increase the Accrued Liability under the contract by $544,880, and increase the Total Employer Rate by 2.350%. The increase in the Present Value of Benefits under the contract "contract" for the Police plan will be $576,344, the Accrued Liability will increase by $560,844 and the Total Employer Rate will Increase by 5.103%. The increased cost for the enhanced benefits is approximately $220,000. However, the current Memorandum of Understanding (MOU) with the Service Employees International Anion SEIU and the Side Letter of Agreement with the Arroyo Grande Police Officers' Association AGPoA states that employees will pay 2.5% of the employee's PERS contribution rate and the City will pay the remaining percentage (5.5% for SEW and 6.5% for AGP A . Therefore, the employees will be paying approximately $156:000 of the increased cost and the City will be piecing up the remaining $66,000. The PERS actuarial for Police carne in 1.4% higher than what staff estimated when preparing the FY 200 8-09 budget. An additional appropriation of Agenda Item 11.b. Page 1 CITY COUNCIL MODIFICATION TO CALPERS CONTRACT FEBRUARY 26, 2008 PAGE 2 $341000 is being requested for the cost of the enhanced benefits, the remaining increase was included in the Fly 2008-09 budget. BACKGROUND: The City contracts with the California Public Employees' Retirement System (PERS) to provide retirement benefits to employees. The retiree benefits are based on the number of years of service, the employee earnings, and the benefit provisions of the contract. During negotiations with both the SElU and AGPoA, an agreement was reached in which both groups would receive enhanced PERS retirement benefits. The City agreed to provide the 3% at 50 retirement plan for Police safety employees and the 2.5% at 5 retirement pian for Police non -safety and local miscellaneous employees provided that: 1 the specified plan is still available on the implementation date; 2 there is no requirement for the City to establish and maintain a two-tier retirement program as a result of State legislative or initiative action, which had been approved by the effective date of the implementation of this plan. This would require the City in the future to maintain separate retirement plans for employees by providing a plan to existing employees that will no longer be available for future newly hired employees; and 3 employees will pay 2.5% of the employees PERS contribution rate. All of the provisions listed above have been met and the City is going forward with its agreement to amend the current PERS contracts to the enhanced benefits. ANALYSIS of ISSUES: This action implements provision 16.1A of the current Iola between the SEW and the City of Arroyo Grande and provision 4AA of the current Side Letter of Agreement with the AGPoA and the City. Currently, the PERS 2% at age 55 -retirement plan is provided for miscellaneous members, with the city paying the % employee contribution for PERS retirement. Effective July 1, 200 8, the 2.5% at 55 PERS retirement plan will be provided to miscellaneous members with the employee contribution rate Increasing to . The employees will pay 2.5% of the employee contribution rate with the City paging the remaining 5.5%. The PEES 3 at age -retirement plan is currently provided for police members, with the City paying the 9% employee contribution for PERS retirement. Effective July 1, 2008, the 3 at 50 PERS retirement plan will be provided to police members. The employees will pay 2.5% of the employee contribution rate with the City paying the remaining 6.5%. The first step in the PERS contract modification process is to introduce for first reading an ordinance to modify the contract and adoption of a resolution of intention to amend the current contract. The attached resolution is supplied by PERS, and must be adopted as prepared by the PERS agency. The ordinance in the City's format has been developed t meet the City's requirements from a sample provided by PERS. Agenda Item 11.b. Page 2 CITY COUNCIL MODIFICATION TO CALPERS CONTRACT FEBRUARY , 2008 PAGE ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations by introducing an Ordinance and adopting the Resolution f Intention to amend the PERS contract; Do not approve staff recommendations, which would require staff t renegotiate the approved MOU with S I U and the AGP A; Provide direction to staff. ADVANTAGES: ANTAGES: By approving the recommended enhanced benefits, the City will be honoring the agreement reached with the respective unions. In addition, the enhanced benefits will make the City more competitive with the surrounding cities when recruiting new employees. DISADVANTAGES: The only disadvantage identified in relation to this recommendation is an increased cast to the City and employees. ENVIRONMENTAL REVIEW: No environmental review is required for this iter. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 21, 2008. The Agenda and report were posted on the City's website on Friday, February 22, 2008. No public comments were received. Agenda Item 11.b. Page 3 RESOLUTION of INTENTION To APP o E AN AMEN MENT To CONTRACT BETWEEN THE BOARD of ADMINISTRATION CALIFORNIAPUBLIC EMPLOYEES' RETIREMENT EMENT SYSTEMA AND THE CITY COUNCIL CITY of ARROYO GRANDE WHEREAS, the Public Employees' Retirement Lav permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide section 21354.4 (2.5% @55 Full and Modified formula for local miscellaneous members and Section 21362.2 3% @ 50 Modified formula for local police members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amend hent being attached hereto, as an 'Exhibit" and by this reference made a part hereof. Presiding Officer Title Date adopted and approved (Amendment) CON -302 (Rev. 4196) Agenda Item 11.b. Page 4 CaIPERS California Public Employees" Retirement system EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Arroyo Grande The Board of Administration, California Public Employees' Retirement ent System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 10, 1964, and witnessed June 16, 1964, and as emended effective September 16, 1966, May 2 , 1973, July 4,1980, June 2 , 1988, February 12, 1999, October 1 b, 1999, September 2, 2000# January 4, 2002# July 2,, Zoo, December 31, 2004 and June 30, 2006 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken en from said contract as executed effective .June 30, 200 6, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members; age 55 for local fire members and age 50 for local police members. Agenda Item 11.b. Page 5 /'k r Y r r l QE GO: S . 1 il 1 "*1 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 10, 1964 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. �. Employees of Public Agency in the following classes shall become members of . said Retirement System except such in each such class as are excluded by law or this agreement; a. Local Fire Fighters (herein referred to as local safety members); ; b. Local Police Officers (herein referred to as local safety members); i C. Employees other than local safety members (herein referred to as local miscellaneous members). . In addition to the classes of employees excluded from membership b said Retirement Law, the following classes of employees shall not become members bers of said Retirement System: a. EMPLOYEES COMPENSATED ON AN HOURLY ASIS; AN b. ELECTED OFFICIALS. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Lair subject to the reduction provided therein for Federal Social Security 2 at age 55 Modified and Full). . The percentage of final compensation to be provided for each year of credited prior and, current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law subject to the reduction provided therein for Federal Social Security 2.5% at age 55 Modified and Full). Agenda Item 11.b. Page 6 PL E A' D i i 1 0 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Laver subject to the reduction provided therein for Federal Social Security 3% at age 50 Modified). . The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Laver subject to the reduction provided therein for Federal Social Security 3% at age 55 Modified. . Public Agency elected and elects to be subject to the following optional provisions: a. Section 21222.1 (One -Tune 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. b. Section 20965 (credit for Unused Sick Leave). C. Section 21024 (Military Service Credit as Public Service). d. Section 21027 Military Service Credit for Retired Persons). e. Section 200 42 (one -bear Final Compensation). f. Section 21548 (Pre -Retirement option 2W Death Benefit) for local miscellaneous members. 10. Public Agency,, in accordance with Government Code Section 20790, ceased to be an "employer' for purposes of Section 20834 effective on July 4, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board a provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. Agenda Item 11.b. Page 7 12. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable, amount, as fined by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 3. Contributions requi '1red of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between -the employee and the Board. B. This amendment shall be4ffective on the day of { BOARD OF ADMIISTATI CITY COUNCIL PUBLIC EMPL YEEs' E1I MEI T SYSTEM CITY OF ARROYO GRANDE BYC-03� BY LORI I MCGAF TLAI D IEF PRESIDING G F lb F EMPLOYER SERVI DIVISION PUBLIC EMPLOY 'RETIREMENT ETIF EMEI T s STEM { Id vitne e Atte Clerk AMENDMENT EF # 0545. PERS-CON-702A Rev. 10105 ) Agenda Item 11.b. Page 8 ORDINANCE N. N ORDINANCE OF THE CITY COUNCIL OF THE CITY F ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA NI PUBLIC EIIPL YEES1 RETIREMENT SYSTEM FOR LOCAL MISCELLEAN US MEMBERS AND LOCAL POLICE MEMBERS WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, state of California ("City")is duly authorized and existing under the laws of said state; and WHEREAS, the City of Arroyo Grande has contracted with the Board of Administration f the California Public Employees' Retirement ent system to provide retirement benefits t the employees; and WHEREAS, EAS, the City of Arroyo Grande wishes to adopt the previsions of Section 21854.4 2.5% @ 55 Full and Modified formula) for local miscellaneous members. WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 21882.2 3% @ 50 Modified formula) for local police mem ers. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Arroyo Grande, as follows: 1. That an amendment to the contract between the City Council of the City of Arroyo Grande and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. 2. The Mayor of the City of Arroyo Grande is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said City. 3. This Ordinance shall take effect on April 28, 2008. . A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at lust five 8 days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full tent of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen 1 days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy f the full tent of such adopted Ordinance. Agenda Item 11.b. Page 9 ORDINANCE NO. PAGE 2 On motion of Council Member and on the following roll call Grote, to grit: AYES: NOES: ABSENT: , seconded by council Member the foregoing Ordinance was passed and adopted this day of 2008. Agenda Item 11.b. Page 10 ORDINANCE NO. PAGE TONY Y FEF A A, MAYOR ATTEST: KELLY WETMO E, CITY CLERK( APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 11.b. Page 11 %e-. CaIPERS California Public Employees' Retirement system 400, ...... ............. EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Arroyo Grande The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having. entered into a contract effective July 10, 1964, and witnessed June 16, 1964, and as amended effective September 16, 1966, May 24, 19 73,1 .July 4 , 1980,1 .June 24, 1988, February 12 9 1 ggg, October 15 , 1999, September 28, 2000, ,January 4, 2002, ,July 2, 2004, December 31, 2004 and ,June 30, 2006 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective dune 30, 200 6, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Laver shall have the meaning as defined therein unless otherwise specifically provided. "Normal nal retirement age' shad mean age 55 for local m scellaneou's members; age 55 for local fire members and age 50 for local pollee members. Agenda Item 11.b. Page 12 2. Public Agency shall participate in the Public Employees' Retirement System from and after ..duly 10, 1964 raking its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees" Retirement Lair except such as apply only on erection of a contracting agency and are not provided for herein and to all amendments to said Lair hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. �. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). . In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement ent System: a. EMPLOYEES COMPENSATED ON AN HOURLY ASIS; AND b. ELECTED OFFICIALS. . The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Laver subject to the reduction provided therein for Federal Social Security 2% at age 55 Modified and Full). 6. The percentage of final compensation to be provided for each year of credited pr*or and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Laver subject to the reduction provided therein for Federal Social Security 2.5% at age 55 Modified and Fall. Agenda Item 11.b. Page 13 . The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law subject to the reduction provided therein for Federal social Security 3% at age 50 Modified). . The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Lai r subject to the reduction provided therein for Federal social security 3% at age 65 Modified). 9. Public Agency elected and erects to be subject to the following optional provisions: a. section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. b. section 20965 (Credit for Unused Sick Leave). C. section 21024 (Military Service Credit as Public service). d. section 21027 Military service Credit for Retired Persons). e. section 20042 (One -bear Final Compensation). f. Section 21648 (Pre -Retirement Option 2W Death Benefit) for local miscellaneous members. 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 4, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code section 20634, and accumulated contributions thereafter shall be held by the Board a provided in Government Code section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. Agenda Item 11.b. Page 14 12. Public Agency shall also contr*bute to said Retirement System as follows: a. A reasonable amount, as fined by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by laver. b. A reasonable amount, as fined by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by lair. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Lair, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. contributions required of Public Agency and its emnployees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION I CITY COUNCIL PUBLIC EMPLOYEES' EES' RETIREMENT SYSTEM CITY OF ARROYO GRANDE { BY BY ' LORI MCGAIT Gi'PtHIEF PRESIDING OFFIqE EMPLOYE", VICES DIVISION PUBLIC E 1PL EES RETIREMEI T SYSTEM . ifness Date Attest: Clerk AMENDMENT T ER 0545 PERS-CON-702A (Rev. 10105) Agenda Item 11.b. Page. 15 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 11.b. Page 16 INCGRPRATED #. FM `"MY 10. 1911 MEMORANDUM 0441 FOR TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER01 MICHAEL HUBERT, DIRECTOR of BUILDING & FIRE /Xi SUBJECT: CONSIDERATION of JOINT FIRE SERVICES AGREEMENT 1 ITH THE CITY of GROVER REACH AND OCEA O COMMUNITY SERVICES DISTRICT DATE: FEBRUARY 26, 2008 RECOMMENDATION: It is recommended the council approve the proposed Agreement for ,Joint Fire Management, Administrative, and Training services and Equipment Sharing ("Agreement")between the city of Arroyo Grande, City of Grover Beach and Oceano Community Services District CSD . FINANCIAL ICIAL IMPACT: The addition of OCSD to the Agreement will result in an increase of revenue to the City in the amount of $11,,200 in FY 2007-08 and ongoing annual revenue of over $30,000. BACKGROUND: The Cities of Arroyo Grande and Grover Beach entered into a joint fire services agreement in July 2004. The purpose of the agreement was to provide fire protection and emergency services in a more effective manner. Initially, the city of Arroyo Grande provided a Fire chief to serve both agencies and the city of Grover Beach was to provide a Training captain to serge both agencies. However, the agreement was recently amended to have the city of Arroyo Grande provide both the Fire chief and a Battalion chief. The Battalion chief provides both training and administrative functions. The city of Grover Beach pays the city of Arroyo Grande % of the costs of the Battalion chief position. Under the agreement, efforts are coordinated by a Fire Oversight Committee, consisting of the Fire Chief, both city managers and one City Council representative from each of the jurisdictions. In addition, on January 30, 2000, the respective Councils of the cities of Arroyo Grande, Grover Beach, Pismo Beach and the Board of Directors of the Oceano Community Services District conducted a joint meeting to discuss potential Agenda Item 11.c. Page 1 CITY COUNCIL JOINT FIFE SERVICES AGREEMENT WITH THE CITY of GROVER BEACH AND OCEANo COMMUNITY SERVICES DISTRICT FEBRUARY 28, 2008 PAGE 2 consolidation of fire services. The discussion was based upon the results of a study contracted by the City of Pismo Beach and prepared by Citygate Associates, At the conclusion of the meeting, a committee was established to review opportunities for improved coordination and joint efforts with regard to fire safety services. In March 200 7, as one of the outcomes of that effort, the City entered into a separate agreement with the city of Grover Beach and OCSD to share backup fire apparatus. As a result, the City is able to sell one of the backup fire engines and the savings will e snared with the City of Grover Beach. The OCSD Fire Chief position recently became vacant. As a result, the OCSD staff and Board of Directors analyzed service options and submitted a request to the Fire Oversight Committee to consider participation of OCSD in the existing ,point Fire Services Agreement and operations. The Fire Oversight Committee considered the request at its October 2007 meeting. The Committee agreed to the request in concept and directed staff to develop a specific proposal. The attached Agreement was drafted, which was recommended by the Fire Oversight Committee at their February 2008 meeting. Under the Agreement, the city of Arroyo Grande will provide Fire training and administrative functions to both the City of Grover Beach and OCSD. ANALYSIS of ISSUES: The scope of work proposed for OCSD is reduced from that provided to the city of Grover Beach with regard to administrative functions. OCSD will manage their own supervision and financial administration, require no on-site personnel on a regular basis, and will only request the Fire chief to attend Board meetings when there are specific items of concern to be discussed. As a result, OCSD will pay a smaller proportional amount of overall costs than the other two agencies. Based upon an analysis of population, service calls, and level of service, it is proposed the City of Grover Beach continue to pay to the City of Arroyo Grande % of the cost of the Battalion Chief position and OCSD pay $11,200 to Arroyo Grande and $5,500 to Grover Beach for the period from March 1, 2008 through June 80, 2008. It has been recommended the agreement begin under a trial period through the end of the fiscal year. If extended by mutual consent, it is recommended the costs for both the Fire Chief and Battalion Chief be allocated on the following basis: • Arroyo Grande 57% • Grover Beach 28% • OCSD 15% Agenda Item 11.c. Page 2 CITY COUNCIL JOINT FIRE SERVICES AGREEMENT WITH THE CITY of DROVER BEACH AND OCEANO COMMUNITY SERVICES DISTRICT FEBRUARY 26, 2008 PAGE 3 The cost allocation proposal also took into consideration ability of the respective p p parties to pay. As a result, staff believes the City of Arroyo Grande is partially subsidizing the cost of these services. The parties involved have established as a goal to reduce this subsidy in the future. However, despite the subsidy, staff believes there i a significant benefit to the city of Arroyo Grande from the agreement related to both enhanced fire safety and emergency service levels and increased efficiency. With regard to OCSD, the Fire Chief will primarily provide broad policy guidance, fire management expertise and leadership to OCSD firefighters. The Fire chief (and Battalion Chief) will provide overhead support to major incidents. The Fire chief will only be expected to attend OCSID Fire Committee or Board meetings on an as requested basis. OCSD will perform all routine administrative functions associated with management and operation of its fire department. Those administrative functions include, but are not limited to, record keeping and reporting, fire code enforcement, budget development and management, grant processing, equipment management, staff scheduling, training administration, payroll, and human resource management. In addition, the OCSD General Manager will be the day -today fire liaison with the OCSD Board of Directors, will coordinate policy and political issues, and will handle any disciplinary issues that may arise. The Battalion Chief will provide standardized training for all three fire departments ensuring that all firefighters are being properly instructed in exactly the same evolutions and techniques. The Battalion chief will provide training guidance and management to OCSD firefighters. The Battalion chief will establish training standards and develop curriculum and lesson plans. He or she will develop a master training schedule including multi -company drills on a regular basis. Training will include the development of a training academy for new hires. The Battalion chief will evaluate training effectiveness and periodically review training records for completeness. The Battalion chief will represent all three departments at County training activities. OCSD will perform all routine administrative functions associated with training, including the maintenance of all training records. It is also proposed that the Fire Oversight Committee be restructured to accommodate representation of OCSD. The Committee would include the following: Fire chief Arroyo Grande City Council Representative Grover Beach City council Representative CSD Board of Directors Representative Arroyo Grande City Manager Grover Beach city Manager OCSD General Manager Agenda Item 11.c. Page 3 CITY COUNCIL ,JOINT FIRE SERVICES AGREEMENT WITH THE CITY of GROVER BEACH AND OCEANO COMMUNITY SERVICES DISTRICT FEBRUARY 28, 2008 PAGE 4 The primary issue addressed by this proposed arrangement is that since all three agencies currently respond jointly to emergency incidents through existing mutual res onseg reements, separate operations result in inefficiency in staffing, apparatus and equipment. - In addition, the proposed structure increases difficulty of standardization and coordination. ALTERNATIVES: The following alternatives are provided for the council's consideration.- Approve onsideration: Approve the proposed Agreement between Arroyo Grande, Grover Beach and OCSD. An alternative approach identified by the Fire oversight Committee included OCSD in the joint services arrangement for Battalion Chief training services, but other Battalion Chief and Fire chief services would be provided under contract for actual cost on a time and materials basis. However, this alternative was not supported by the Fire Oversight committee or OCSD. Modify the Agreement to limit OCSD to only training services. Postpone consideration to allow more time to evaluate the success of the current agreement. Do not approve the Agreement and direct staff not to include OCSD in the joint services arrangement, but continue to coordinate on an informal basis. Provide direction to staff. ADVANTAGES: The proposed inclusion of OCSD in joint fire services will provide a number of benefits, including the following: It will provide additional revenue, decreasing costs to the cities of Arroyo Grande and Grover Beach. Since it is necessary for Arroyo Grande and Grover Beach to respond jointly to major incidents with OCSD, joint training and leadership will result in improved coordination and consistency in standards, procedures and training. Unified command will eliminate conflicts regarding emergency response issues. Inclusion of OCSD will provide another important step towards the feasibility of full consolidation of fire services. • Increased coordination will provide for increased capabilities to respond to emergencies in all three jurisdictions in a timely and efficient manner, potentially leading to expansion of boundary drops. • The OCSD Fire Chief vacancy provides an opportunity to further consolidate fire safety services that may not exist in the future if consideration of this proposal is postponed. Agenda Item 11.c. Page 4 CITY COUNCIL JOINT FIRE SERVICES AGREEMENT WITH THE CITY OF GROVER BEACH AND OCEANO COMMUNITY SERVICES DISTRICT FEBRUARY 26, 2008 PAGE 5 DISADVANTAGES: The following concerns have been identified regarding the proposal: There is a potential of overextending the Fire chief and Battalion chief responsibilities, resulting in a reduction in service levels to the cities of Arroyo Grande and Grover Beach. However, the purpose of approving the arrangement on a pilot basis only would be to provide an opportunity to evaluate the effectiveness of the proposal before establishing any long -terra commitments that cannot be easily discontinued. Given that OCSD is a community services district and net an incorporated city, it does not have the sane options available to generate revenues necessary to support fire safety services. This could provide a challenge in the future to fund their equitable portion if Arroyo Grande and Grover Beach continue to expand fire services. ENVIRONMENTAL TAL EVIE : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 21, 2008 and on the City's website on Friday, February 22, 200 8. No comments were received. Attachments: Agreement for Joint Fire Management, Administrative and Training services and Equipment Sharing Agenda Item 11.c. Page 5 AGREEMENT FOR JOINT FIDE MANAGEMENT, ADMINISTRATIVE, AND TRAINING SERVICES AND EQUIPMENT SHARING Thisg reement for Joint Fire Management, Administrative, and Training Services and Equipment sharing ("Agreement") is entered into by and between the City of Grover Beach, a municipal corporation "Grover Beach"), the City of Arroyo Grande, a municipal corporation "Arroyo Grande"), and oceano Community services District, a California special district ""CSD" collectively or individually referred to as "Parties" or 66 Party#} RECITALS WHEREAS, EAS, Arroyo Grande provides fire protection and emergency medical services (EMS) as provided for in California Government Code § 38600 et seq. within the jurisdictional boundaries of the City of Arroyo Grande, California; and WHEREAS, Grover Beach provides fire protection and EMS as provided for in California Government Code § 38600 et seq. within the jurisdictional boundaries of the City of Grover Beach, California; and WHEREAS, EAS, OCS provides fire protection and Els as provided for in California Government Code § 61100 et seq. within the jurisdictional boundaries of Oceano, California; and WHEREAS, due to the proximity of Arroyo Grande, Grover Beach, and ocano, mutual cost savings and enhanced services are available to each of the agencies by sharing certain specified fire protection and EMs services; and WHEREAS, on duly 1, Zoo, Arroyo Grande and Grover Beach entered into an agreement to provide joint administration of fire services; and Agenda Item 11.c. Page 6 Joint Fire services and Equipment Agreement Page 2 WHEREAS,, on May 1, 2007, Arroyo Grande, Grover Beach and OCSD entered into an agreement to share certain fire equipment; and WHEREAS, EAS, n July 1, 2007, Arroyo Grande and Grover Beach entered into a revised agreement to provide joint fire management, administration and training services; and WHEREAS, Arroyo Grande, Grover Beach and OCSD have approved proposals to jointly fund Fire Chief and Battalion Chief positions; WHEREAS, by this Agreement the Parties desire to set forth the terms and conditions of the jointly funded Fire Chief and Battalion Chief positions and the sharing of certain fire suppression and safety equipment; Ioll'll, THEREFORE, in consideration of the mutual covenants herein made, the Parties agree as follows: . Purpose, This Agreement shall constitute an engagement of Arroyo Grande by Grover Beach and OCSD in providing the management and training services of a Fire Chief and Battalion Chief to Grover Beach and OCSD for the operation and training of their Fire Departments, as described herein. 2. Management Services for Grover Beach. Arroyo Grande shall furnish the management ent services of a Fire Chief to Grover Beach in order to operate its Fire Departments. Said management services shall include the following: a. Ander the direction and supervision of the City Manager of Grover Beach, provide broad policy guidance, fire management expertise and leadership to Grover Beach fire personnel. . Confer with Grover Beach Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the Grover Beach Fire Department to its citizens. Agenda Item 11.c. Page 7 Joint Fire services and Equipment Agreement Page C. Respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents. e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department's Mission Statements. f. coordinate assignment of fire apparatus under the equipment sharling terms set forth in this Agreement. . Supervise and provide direction when needed for fire prevention and suppression activities and EMS of Grover Beach. h. Supervise adherence to Grover Beech's policies and procedures i.e., personnel rules, administrative policies, purchasing and budget policies, budget administration, department emergency operation policies, memorandum of understanding, vacation and sick leave policies, etc.. i. Attend and represent the Grover Beach Fire Department and implement Grover Beach's policies and directives at various local and regional meetings [i.e., City Council (when required), City Manager staff meetings, schools, and county Fire Chiefs, etc.]. j. supervise personnel of the Grover Beach Fire Department. . Supervise the purchasing of materials and equipment within the budgetary constraints of Grover Beach. I. Provide overhead supervision for safety, command and control functions on an as needed basis as outlined in the Five Cities Automatic Aid operational Response Plan. 3.Manaciement services for OCSD- Arroyo Grande shall furnish the management services of a Fire chief to OCSD in order to operate its Fire Department. Said management services shall include the following: a. Under the direction and supervision of the OCSD General Manager, provide broad policy guidance, fire management expertise and leadership to OCSD fire personnel. Agenda Item 11.c. Page 8 Joint Fire Services and Equipment Agreement Page b. confer with OCSD Fire Department personnel when required to ascertain the needs and evaluate the efficiency of the services provided by the oeSD Fire Department to its citizens. C. Respond to citizen complaints regarding personnel or services, requests for services, and inquires. d. Provide support to major incidents. e. Promote a harmonious working relationship between fire prevention and suppression personnel of each respective agency while striving to uphold each Fire Department's Mission Statements. f. Coordinate assignment of fire apparatus under the equipment sharing terms set forth in this Agreement. g. Provide direction when needed for fire prevention and suppression activities and Fulls of ocSD. h. Attend OCSD Fire Committee or Board meetings on an as needed basis. i. OCSD shall perforin all routine administrative functions associated with management and operation of the Fire Department. Those administrative functions include, but are not limited to, record keeping and reporting, fire code enforcement, budget development and management, grant processing, equipment management, staff scheduling,, training administration, payroll, and human resource management. In addition, the OCSD General Manager will be the day-to-day fire liaison with the OCSD Board of Directors, will coordinate policy and political issues, and will handle any OCSD disciplinary issues that may arise. j, Provide overhead supervision for safety, command and control functions on an as needed basis as outlined in the Five Cities Automatic Aid Operational Response Plan. . Administrative and Training Services for Grover Beach, Arroyo Grande shall furnish the administrative and training services of a Battalion Chief to Grover Beach in order to train, and assist in the management nt and administration of Grover Beach's Fire Department. Said administrative and training services shall include the following: Agenda Item 11.c. Page 9 Joint Fire Services and Equipment Agreement Page a. lender direction of the Fire Chief, coordinate the training program for the members of the Grover Beach Fire Department. b. Prepare and oversee said training program. C. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Serve as the Fire Chief in his or her absence. f. Ensure that all firefighters in all three departments are instructed in the same firefighter techniques. g. Provide training guidance and management to Grover Beach fire personnel. h. Establish training standards and develop curriculum and lesson pians. i. Develop a master training schedule including multi -company drills on a regular basis. j. Training shall include the development of a training academy for new hires. k. Evaluate training effectiveness and periodically review training records for completeness. 1. Represent Grover Beach at Counter training activities. M. Develop and maintain the Grover Beach's emergency plans and coordinate training for Grover Beach staff. n. Provide direct supervision and administrative support for members of the Grover Beach Fire Department. o. Maintain regular office hours at the Grover Beach Fire station, to initially include a minimum of 0% of the position's staff time, but may be adjusted as recommended by the Fire chief and agreed by mutual consent of the Arroyo Grande and Grover Beach City Managers. P. Provide overhead supervision for safety, command and control functions on an as needed basis as outlined in the Five cities Automatic Aid Operational Response Plan. Agenda Item 11.c. Page 10 Joint Fire Services and Equipment Agreement Page . Administrative and Training services for OCSD. Arroyo Grande shall furnish the administrative and training services of a Battalion chief to OCSD in order to train, and assist in the management and administration of CSD's Fire Department. said administrative and training services shall include the following: a. Under direction of the Fire Chief, coordinate the training program for the members of the OCSD Fire Department. b. Prepare and oversee said training program. C. Monitor required annual training attendance records. d. Ensure annual state and federal training mandates are met. e. Beare as the Fire chief in his or her absence. f. Ensure that all firefighters in all three departments are instructed in the same firefighter techniques. g. Provide training guidance and management to OCSD fire personnel. h. Establish training standards and develop curriculum and lesson plans. i. Develop a master training schedule including multi -company drills on a regular basis. j. Training shall include the development of a training academy for new hires. k. Evaluate training effectiveness and periodically review training records for completeness. i. Represent OCSD at county training activities. M. Provide overhead supervision for safety, command and control functions on an ars needed basis as outlined in the Five cities Automatic Aid operational Response Plan. n. OCSD will perform all routine administrative functions associated with training including, but not limited to, maintenance of all training records. . Employees. a. All personnel hired by Grover Beach for its Fire Department shall be employees of Grover Beach, and shall at all times be subject to the direction, supervision, and control of Grover Beach directly or by the Fire chief acting on behalf of Grover Beach pursuant to this Agreement. Grover Beach shall have the sole Agenda Item 11.c. Page 11 Joint Fire services and Equipment Agreement Page responsibility of paling the salaries, payroll taxes, including, but not limited to, Federal Social security takes, Federal and California Employment takes, and all other employee -related expenses, including but not limited to Workers' Compensation Insurance and Retirement Benefits for the employees of Grover Beach. b. All personnel hired by OCSD for its Fire Department shall be employees of OCSD, and shall at all tires be subject to the direction, supervision, and control of OCSD directly or by the Fire Chief acting on behalf of OCSD pursuant to this Agreement. OCSD shall have the sole responsibility of paying the salaries, payroll takes, including, but not limited to, Federal social security takes, Federal and California Employment takes, and all other employee -related expenses, including but not limited to porkers' Compensation Insurance and Retirement Benefits for the employees of OCSD. c, All personnel hired by Arroyo Grande for Its Fire Department shall be employees of Arroyo Grande, and shall at all times be subject to the direction, supervision, and control of Arroyo Grande. Arroyo Grande shall have the sole responsibility of paging the salaries, takes, including, but not limited to, Federal social security takes, Federal and California Employment takes and all other employee -related expenses, including, but not limited to,,Workers' Compensation Insurance and Retirement Benefits regarding the employees of Arroyo Grande utilized by Arroyo Grande to provide the services under this Agreement. ". Costs a. For the period of March 1, 2008 through June 30, 2008, Arroyo Grande shall provide the services of the Fire Chief at its sole expense. b. For the period of March 1, 2008 through June 30, 200 8, Grover Beach shall pay to the City of Arroyo Grande a total of seventy-nine percent 7%) of the total actual cost of salary and benefits for the Battalion chief position. C. For the period of March 1, 2008 through June 30, 2008t OCSD shall pay to Arroyo Grande a total of eleven thousand, two hundred dollars ($11,200) and to Grover Beach a total of five thousand, five hundred dollars ($5,500). Agenda Item 11.c. Page 12 Joint Fire services and Equipment Agreement Page d. Arroyo Grande and Grover Beach shall invoice OCSID by dune 30, 2008, which shall be due and payable within thirty 30days of the date of the invoice, e. if the Agreement is extended by mutual consent of all three jurisdictions, the total actual cost of salary and benefits for the Fire Chief and Battalion Chief positions shall be paid by each of the three jurisdictions as follows: Arroyo Grande % Grover Beech 28 CS 15% f. Arroyo Grande shall invoice the Grover Beach and OCSD on a semi-annual basis for said payments of salary and benefit costs, which shall be due and payable within thirty 30days of the date of the invoice. . Equipment a. Arroyo Grande shall provide, at Its sole expense, an assigned emergency vehicle for use by the Fire Chief. b. Grover Beach shall provide, at its sole expense, an assigned emergency vehicle for use by the Battalion Chief. C. The Grover Beach or Arroyo Grande 1996 backup fire engine, vehicle identification numbers E-1208922 and 4S AT9D 8TC016426 will be sold pursuant to Government Code 37350 et seq. (the fire engine selected to be sold shall be referred to as the "Surplus Fire Engine"). The determination of which Fire Engine is to be sold will be made by mutual agreement by the city Managers of Grover Beach and Arroyo Grande based on a report and recommendation issued by the Fire Chief. The net revenue from the sale of the Surplus Fire Engine shall be shared equally between Grover Beach and Arroyo Grande. d. Title to the remaining backup fire engine (the "GB/AG Back-up Fire Engine") will be modified to reflect joint ownership by Grover Beach and Arroyo Grande. e. Grover Beach and Arroyo Grande shall share equally all maintenance costs of the GB/AG Back-up Fire Engine, including in-house maintenance and the costs for any contract maintenance for the GBG Back-up Fire Engine. Agenda Item 11.c. Page 13 Joint Fire services and Equipment Agreement Page g f. The Office of Emergency services "OES" fire engine (the " ES Fire Engine" provided to Arroyo Grande will be used as an ongoing secondary back-up fire engine for Grover Beach and Arroyo Grande. g. If the OEs Fire Engine is unavailable and the GB/AG Backup Fire Engine is out of service, the OCSD backup fire engine will be promptly transferred to the Grover Beach or Arroyo Grande fire station, as determined by the Fire Chief. h. If the OCSD primary and backup fire engines are both unavailable, the GBAG Backup Fire Engine will be transferred to the OCSD fire station. i. Each Party will insure each engine that could be used by that Party under their current existing policies and will add the other Parties as additional insureds, if not already so listed. Joint training will be provided to ensure that all personnel are knowledgeable in operation of all apparatus prior to any potential use of equipment from another agency. The training officer responsible for the training program in both departments will be responsible to make certain that all appropriate new personnel are adequately trained on the apparatus. Additionally, the Battalion Chief will be responsible for providing an annual report to the Fire Oversight Committee on the annual training associated with the apparatus. g. Compliance with Applicable, statutes, Ordinances and regulations. In performing the services of a Fire Chief and a Battalion chief required under this Agreement, employees of Arroyo Grande shall comply with all applicable Federal, state, and County statutes, ordinances, and regulations. 10. Insurance. a. Arroyo Grande shall furnish and keep in full force and effect daring the terra of this Agreement the following insurance: 1 Workers' Compensation Insurance or self-insurance covering workers' compensation claims of all Arroyo Grande employees providing services on behalf of Grover Beach and OCSID pursuant to this Agreement. Agenda Item 11.c. Page 14 Joint Fire Services and Equipment Agreement Page 1 2 Liability Insurance or self-insurance to include general liability and automotive liability for any and all property claims or suits for damages arising out of Arroyo Grande's performance under this Agreement by Arroyo Grandes elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees. The policy shall provide coverage for bodily injury and property damage in an amount not less than one million dollars ($1,000,000.00) combined single limit per occurrence and shall name "The City of Grover Beach' and "The oceano Community Services District" as an additional insured. No cancellation or change of coverage shall be effective until thirty 30days' written notice has been given to Grover Beach and OCSD and an endorsement verifying such coverage shall be provided to Grover Beach and OCSD upon execution of this Agreement by both Parties. 3 Automobile Coverage with limits of not less than $1,000,,000 per occurrence. . Grover Beach shall furnish and keep in full force and effect during the term of this Agreement the following insurance: 1 Workers' Compensation Insurance or self-insurance covering workers' compensation claims of all Grover Beach employees providing services to Arroyo Grande and OCSD pursuant to this Agreement. 2 Liability Insurance or self-insurance to include general liability and automotive liability for any and all property claims or suits for damages arising out of Grover Beach's performance under this Agreement by Grover Beach's elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees. The policy shall provide coverage for bodily injury and property damage in an amount not less than one million dollars Agenda Item 11.c. Page 15 Joint Fire services and Equipment Agreement Page '1'1 ($1,000,000-00)combined single limit per occurrence and shall name "The City of Arroyo Grande" and "Oceano Community Services District" as an: additional insured. No cancellation or change of coverage shall be effective until thirty 30days' written notice has been given to Arroyo Grande and OCSID and an endorsement verifying such coverage small be provided to Arroyo Grande and OCSD upon execution of this Agreement by both Parties. 3 Automobile Coverage with limits of not less than $1,000,000 per occurrence. C. OCSD shall furnish and keep in full force and effect during the terra of this Agreement the following insurance: I Workers' Compensation Insurance or self-insurance covering workers' compensation claims of all OCSD employees providing services on behalf of Arroyo Grande and Grover Beach pursuant to this Agreement. 2 Liability Insurance or self-insurance to include general liability and automotive liability for any and all property claims or suits for damages arising out of OCS 's performance under this Agreement by OCS 's elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees. The policy shall provide coverage for bodily injury and property damage in an amount not less than one million dollars $1,000,000.00 combined single limit per occurrence and shall name "The city of Arroyo Grande" and "The City of Grover Beach" as an additional insured. No cancellation or change of coverage shall be effective until thirty 30days' written notice has been given to Arroyo Grande and Grover Beach and an endorsement verifying such coverage shall be provided to Arroyo Grande and Grover Beach upon execution of this Agreement by both Parties. Agenda Item 11.c. Page 16 Joint Fire services and Equipment Agreement Page 1 3 Automobile Coverage with limits of not less than $1,000,000 per occurrence. . Benefit, Expectations, and , Performance Based Measurements. The benefits of this Agreement, including outlined work outputs, cost -avoidance issues, and related service enhancements shall be monitored bi-monthly by the Fire Oversight Committee. The Committee will consist of agreed upon representatives from each Party. specific benefits of this Agreement include, but are not limited to: a. A reciprocal arrangement to assist the other Party; b. The opportunity to take advantage of each Partys qualified personnel; C. The opportunity to take advantage of each Party's response areas and leading to the reduction of response times; d. The possibility of achieving economies of scale; e. The possibility of eliminating duplicate services and the opportunity to share existing programs; f. An opportunity to better serge each community without constraints of boundary limits; g. The opportunity to reflect well on community policy makers and gain community support; h. The improvement of citizen's demands or expectations for services, utilizing the closest resources; L The possibility of cost avoidance in acquisition of new personnel and equipment; j. The assurance of continued local control; . The assurance of each agency's ability to maintain its local identity; I. The potential pathway for future cost saving programs such as: dispatching services, vehicle maintenance, and the like; M. The sharing of specialized equipment and personnel for specialized services; and n. The immediate access to neighboring resources for planned or un -planned incidents. Agenda Item 11.c. Page 17 Joint Fire services and Equipment Agreement Page 13 12. Future Plarnnin . Each of the Parties agrees to work towards the identification and development of a common organizational structure capable of providing services to each of the member jurisdictions covered by this Agreement and that such common organization will be equitably funded and administered. 13. Term of this Agreement. The terra of this Agreement shall commence on March 'i, Zoo, and shall continue in full force and effect for a period of four months. At the end of the initial four month period, the Agreement may be extended by mutual consent of Parties for a period of up to three 3 years. This Agreement shall automatically renew on an annual basis after the 3 year period. Either Party may terminate this Agreement at any time, with or without cause, upon thirty 30days' prior written notice. . Ion-assi nabilit . This Agreement shall not be assigned by any Party without first obtaining the express written consent of the other Parties. 15. Notices. Any notice which either panty may desire to give to the other party under this Agreement must be in writing and may be given either by i personal service,,(ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: a. Grover Beach Bob Perrault City Manager 154 S. 8th Street Grover Beach, CA 93433 Agenda Item 11.c. Page 18 Joint Fire services and Equipment Agreement Page 1 b. Arroyo Grande Steven Adams City Manager 214 E. Branch Street Arroyo Grande, CA 93420 C. OCSD Patrick O'Reilly General Manager P.O. Box 599 oceano, CA 93445 16. Mutual Indemnification. a. Arroyo Grande agrees to and shall indemnify, defend and hold Grover Beach and CSD and their elected and appointed officials, officers, agents, representatives, subcontractors, volunteers or employees harmless from and against all reasonable expenses including without limitation reasonable attorneys fees and disbursements, losses or any liability arising out of or alleged to have arisen out of the negligent operations of the Arroyo Grande Fire Department during the term of this Agreement. This indemnity provision shall survive the expiration or termination of the Agreement. b. Grover Beach agrees to and shall indemnify, defend and hold Arroyo Grande and CSD and their elected and appointed officials, officers, agents, representatives,, subcontractors, volunteers or employees harmless from and against all reasonable expenses including without limitation reasonable attorney's fees and disbursements, losses or any liability arising out of or alleged to have arisen out of the negligent operations of the Grover Beach Fire Department during the terra of this Agreement. This indemnity provision shall survive the expiration or termination of the Agreement. C. OCSD agrees to and shall indemnify, defend and hold Arroyo Grande and Grover Beach and their elected and appointed officials, officers, agents, Agenda Item 11.c. Page 19 Joint Fire services and Equipment Agreement Page '1 representatives, subcontractors, volunteers or employees harmless from and against all reasonable expenses including without limitation reasonable attorney's fees and disbursements, losses or any liability arising out of or alleged to have arisen out of the operations of the OCSD Fire Department during the term of this Agreement. This indemnity provision shall survive the expiration or termination of the Agreement. 17. Entire Agreement. Grover Beach, Arroyo Grande and OCSD agree that this Agreement constitutes the sole and only Agreement between them representing the fire protection and EMS management, administrative and training services and equipment and correctly sets forth their obligations and duties with respect to each other. 18. Amendment. Any amendments to this Agreement must be in writing and subject to the consent of all parties. 19. No Interpretation Against Draftin . This Agreement has been negotiated at arm's length between the Parties hereto. Accordingly, any rule or law {including California civil Code § 1 635 et seg,} or legal decisions that would require interpretation, or any ambiguities in the Agreement against the Party that has drafted the applicable provision, is not applicable and is waived. The provisions of the Agreement shall be interpreted in a reasonable manner to effect the purpose and intent of the Parties. 20. Execute in Counterparts. The Parties hereto agree that there shall be three originals of this Agreement which shall be identical in all respects. The Parties may execute this Agreement in three or more counterparts, which shall, in the aggregate, be deemed an original, but all of which, together, shall constitute one and the same instrument. 21. Governing...Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Agenda Item 11.c. Page 20 Joint Fire services and Equipment Agreement Page '1 22. Prior Agreements. This Agreement shall replace and supercede the prior agreement for joint fire management, administration and training services entered into by and between Arroyo Grande and Grover Beach on July 1, 2007 and the agreement to share fire equipment by and between Arroyo Grande, Grover Beach and OCSD entered into on May 1, Zoo. Agenda Item 11.c. Page 21 Joint Fire Services and Equipment Agreement Page '17 Executed at Arroyo Grande, California, on the date and year first appearing above. CITY OF ARROYO GRANDE Tony M. Ferrara, Mayor Attest: Kelly Wetmore, re, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney OCEANO COMMUNITY SEF ICES DISTRICI Jim Hill, President Attest: Approved As to Form: CITY OF GROVER BEACH John P. Shoals, Mayor Attest: Donna McMahon, n, City Clerk Approved As to Form: Martin D. K c an wic , City Attorney Agenda Item 11.c. Page 22