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Agenda Packet 2008-03-25 CITY OF 1 ounce , • . • ~ ~ en a 'le Tony Ferrara, Mayor/Chair ' ~ Steven Adams, City Manager/Executive Director Chuck Fellows, Mayor ProTemNice Chair ~ Timothy J. Carmel ,City AttorneylGeneral Counsel Joe Costello, Council/Board Member ,~~~y ~ Kelly Wetmore, City ClerklAgency Secretary CALIFORNIA Jim Guthrie, CouncillBoard Member Ed Arnold CouncillBoard Member ' 9 ~ ~ , AGENDA SUMMARY CITY COUNCILIREDEVELOPMENTAGENCY MEETING TUESDAY, MARCH 25, 2008 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL COUNCILIRDA 3. FLAG SALUTE: ARROYO GRANDE LIONS CLUB 4. INVOCATION: PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS: None. 6. AGENDA REVIEW: 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY -MARCH 25, 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 ConsentAgenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH} Recommended Action: Ratify the listing of cash disbursements for the period March 1, 2008 through March 15, 2008. 8.b. Consideration of Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of February 29, 2008. 8.c. Consideration of Approval of the City of Arroyo Grande Investment Policy (KRAETSCH} Recommended Action: Approve the City Investment Policy. 8.d. Consideration of Adoption of Ordinance Amending the California Public Employees' Retirement System (PERS) Contract for the Local Miscellaneous Members and Local Police Members (KRAETSCH} Recommended Action: Adopt an Ordinance authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System for Local Miscellaneous Members and Local Police Members. AGENDA SUMMARY -MARCH 25, 2008 PAGE 3 8. CONSENT AGENDA (cont'd): 8.e. Consideration of Approval of Minutes (UVETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting of February 26, 2008; the Regular City CouncillRedevelopment Agency Meeting of February 26, 2008; and the Regular City CouncillRedevelopment Agency Meeting of March 11, 2008, as submitted. 8.f. Consideration of an Award of Contract for Construction of the East Branch Street Sewer Lining Project (SPAGNOLO) Recommended Action: 1) Award a construction contract for the East Branch Street Sewer Lining Project to Southwest Pipeline & Trenchless, Corp. in the amount of $84,936.00 for the base bid and $24,919.00 for Bid Schedule A for a total contract amount of $109,855.00; and 2) Authorize the City Manager to approve change orders not to exceed the 8.5% contingency of $10,145.00 for unanticipated costs during the construction phase of the project. 8.g. Consideration of Acceptance of the Elm Street Park Restroom ADA Upgrade Project, PW 2007-12 (PERRIN) Recommended Action: 1) Accept the project improvements as constructed by California Coastal Development in accordance with the plans and specifications for the Elm Street Park Restroom ADA Upgrade Project; 2) Direct staff to file a Notice of Completion; and 3} Authorize release of the retention as allowed per the Public Contract Code and after the Notice of Completion has been recorded, if no liens have been filed. 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Exclusive Negotiation Agreement with Destiny International Ventures for Hotel Development at the Vacant Parcel Owned by the Redevelopment Agency at Faeh Street and EI Camino Real (ADAMS) [COUNCILIRDA] Recommended Action: Approve the proposed Exclusive Negotiation Agreement with South Destiny International Ventures for purchase and development of a hotel at the vacant parcel owned by the Redevelopment Agency at Faeh Street and EI Camino Real. AGENDA SUMMARY -MARCH 25, 2008 PAGE 4 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) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee (4) Other (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. None. 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. None. AGENDA SUMMARY -MARCH 25, 2008 PAGE 5 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 1l. 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 wuvw.arrovogrande.orq City CouncillRedevelopment 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-span.orq.. THIS PAGE INTENTIONALLY LEFT BLANK ~ INCURPQRAr~p F~ D ~ ~ ~ JI~Y ~0, t~t1 ~ ~E~~N~~~ T~: ~T~ CUNIL FR~I; ANGELA I~RAETH, D~~ECT~~ ~F FINANCIAL SERVICE Bll: FRANCES R. HEAD, ACD~UNTINC ~JPERV~~ U~JECT: CN~DERATI~N of CASH D~BU~EN~~NT RATIFICATION DATE: MARCH DOS RE~~I~ENDATION: It is recorrnended the City Council ratify the attached listing of cash disbursements for the period March ~ through March ~oo~. FINANCIAL IMPACT: fibers i a ~o,1 og.o fiscal impact that includes the folla~uing items: • Accounts Payable Checks ~ 41 85,81.4 • Payroll Checks benefit Checks 44, 8~ 1. ~ ~ BAC~CROL~ND: Cash disbursements are rnade Meekly based on the submission of ail required documents supporting the invoices submitted for payment. Prior to payment, Finance Department staff revie~r ell disbursement documents to ensure Chet they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. ANA~,YI OF IUE: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY20D?~2oo8 budget ALTERNATIVE The following alternatives are provided for the Council's consideration: • Approve staffs recommendation; • Do not approve staffs recor~mendativn; ~ Provide direction to stiff. Agenda Item 8.a. Page 1 ~ITY~oUNDIL ofVfDERATION of CASH DIBUREI~ENT ~ATIFIDATION MARCH ~~~8 PACE ~ ADIIANTA~: • The Finance ~epartr~ent monitors payment of invoices for accountability, accuracy and completeness using standards approved by the council, • Invoices are paid In a t~meiy manner to establish goodvuill v~rith merchants. ~ Discounts ane taken ~rhere applicable. DIADIIANTAE: No disadvantages have been identified as long as pity Council confirms all expenditures are appropriate. ENVIRONMENTAL REVIEIII~; No environmental revie~r i required for this item. PiJ~LIC NoTIFIATION AND Col~lll~ENT: The Agenda eras posted in front of City Half on Thursday: March 20, ~go8, The Agenda and repork ~rere posted on the pity's website on Friday, March 2~ } BOOS, No public comments uvere received. Attachments ~ . March ~ - March ~ BOOB, Accounts Payable Check Register 2, March 14, 200, Payroll Checks Benefit Checks Register Agenda Item 8.a. Page 2 e- r ~ ~ D ~ ~ ~ O ~ Q Q ~ ~ OQ ~ ~ oD ~ ~ r ~ N k~ [~7 ~ r ~ N N !L7 tf] O r ~ ~V ~ M ~ N ~ ~ W ~ ~ ~ r- ~ ~ ~ ~ ~ N cw? N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~t3 r (y e~- e- e~ (y ~ ~ ~ r hl r r ~ ~ ~t9 i~ 1~ O ~ ~ ~ ~ D C7 CO D O ~ r G4 D ~ GO ~ ~ 1 • f • • ~ • F • • 1 1 • 1 ~ 1 ~ ~ r ~ r r rr ~ O ~ o 0 0~ ~ D o o~ v oo ~ a o0 o a o o v~ ~ o v~ as a~~ o v~ 00 0 o ao ~ o~ o v a ~ O I CSI ~ r ~I r N ~I ? O G D O N r (V fV M Cr} ~ N ~I CV N h~ {V N 4'~7 N C~? C~ ~ ~ N N CV [V ~ ~ ~ D ~ ~ D ~ D O ~ ~ ~ ~ ~ D O O ~ ~ O ~ ~ r r r ~ ~ ~ ~ D ~ ~ ~ ~ Gp r GD ~D r fi'7 CO G~ OQ Q~ 00 ~j _ r C~ D I~ C) ~ C3 ~ ~ ~ O ~ ~ ~ ~ ~ C"~ ~ ~ ~ ~Q o~ ~G CQ ~ oD ~ ~ ~ ~ D I~ LD ~ OD ~ ~ Crl N ~ ~ ~ ~ 0 [V N ~ r ~ ~ r~^ ~ ~ ~ ~ ~ ~ CV ~ ~ ~ ~ ~ N l [D M ~ ~ r r Q r (D [V ~ N O ~ ~ ~ r ~ D ~ ~ f~ ill 00 G? ~ ~ ~ ~ ~ ~ 7 0.. ~ ~ W ~ ~ J J ~ ~ U~ ~ ~ ~ - m ~ ~ ~ w ~ ~ w ~ ~ ~ J ~ ~ ~ d ~ ~ J ~ p, J W ~ ~ m ~ ~ lL ~ ~ ~ W 0 ~ r CO ~ D C~ ~ [V CO ~ ~ C] ~ ('r} M t~ CV C~ ~ r ~ C+'? ~ Q? f~ 00 ~ ~ ill ~ ~ ~ ~ 0? ~ O D ~ ~ ~ D ~ O O ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ O ~ O O ~ ~ ~ ~ ~ D G7 C3 O ~ ~ C~ U C] C] ~ ~Q oL! OD GD aD o0 OQ 00 OD 00 oQ a0 oD aD ~0 GO oQ 0~ GD GD ~ G ~ ~ D ~ C~ D O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ G ~ ~ ~ G D ~ ~ ~ C~ D D G ~ N N N hl N N N~ N CSI CSI i'V N N N N N N ~ D ~ ~ O D ~ ~ ~ ~ O ~ ~ O O ~ Q D ~ ~ ~ ~ ~ ~ ~ O D ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ D ~ ~ [Q ~ CO C7 r N C'''} ~ l~] t~ i~ OD G] ~ r ~ ~ ~ ~ ~d7 ~d7 ~ ~ ~ lf~ ~ ~ l1} ~G cD ~ Op ~ ~ ~ u? ~ ~ u7 ~7 ~ 4"} lC1 ~ ~7 ~C] ~ ~7 ~!7 u? u3 u? ~ ~ ~i ~ s"' r r r• r r r r t~- r r- r- ~ E--• r r i~? ~ ~ ° Agenda Item 8.a. Page 3 ~ ~D U Lp ~ (0 ~ ~ EQ ~ ~ O ~D ~ ~ ~ C] (y /y/~ ~ ~ ~ F a ~ ~ ~ i ~ ~ ~ ~ ~ //yy~~~~ ~m ~ ti'J 1C"' t ~ Y" ~ ~ ~Q ~ ~ ~ ~ ~G ~G N CV ip N ~ {D ~ ~ GD 1~ ~ O ~ O ~ ~ ~'r} ~ Q? ~ Q C7 ~ CQ ~ ~ ~ ~ e~ ~ N ~ ~ N 00 ~ fD GD N ~ C {y ~ +t? C~'! N ~ 0~ N ~r" (1J r L'7 1~ ~ L''? N CV CQ ~ N ~ ~ ~ o~ oa ~ cp ~ oa o0 0o CO a~ aD oo OQ ~Q O~ OD ~ oD ~ oo ~ ~ ~ orb ~ ~ ~ ~ ~ ~ ~ ~~D~~ ~C~ O D D ~ C~ ~ O ~ ~ U ~ ~ ~ ~ N N N ~ ~ ~ C~~~D~O~ ~ D ~ Q ~ Q O ~ ~ O ~ O ~ ~ A N N 4~NNN~I~NN N N N N N ~1 N N N N N N ~f ~ ~D cD O ~ ~ ~ O C? ~ ~ ~ G1~ 0a 1~ N ~ ~ r f~ Q9 ~ i"} r O ~ ~ N N ~I N N CV CV L'V hl ~I ~ r hl ~ C~ N N ~ O ~ a o 0 0 0 0 o~oaoo~o o~~ o a o 0 0 0 0~ o 0 r a ~ LD ~ r ~0~~~I17~ ~ ~ ~ iD C~ CON GC? {D ~ N ~ f~ ~I ~ ~ ~ ~I CO ~y ~ X11 ~ C~ ix} N {D ~ ~ 11'9 00 ~ C~ GG p0 00 ~ ~ o ~ v ~~a~ovaa ~ N o ~ ~ ~ ~ r ~ ~ ~ n ~ J ~ ~ ~ ~ ~ ~ ~ ~ cv ca ~ cv ao as ~ N ~ ca o ~ ~ ~ ~ ~ ~ c~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ c ~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ? cn w w ~ a ~ ~ ~ w ~ o LL~ ~ ~ I.LI 11 J W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~ ~ ~ ~ W ~ ~ ~ ~ ~ 4 r ~ OQ r ~ LO ~ C11 C'7 CV CO N L1? ~1 L(} ~0 Q G9 r Q Q) C7 00 ~ ip Lp ~ l17 ~ da t,C~ ~ ~ I~ N ~ c„] ~'7 f~ N N ~ C'7 CV ~ ~ ~ ~ ~ ~ ~ ~D tQ ~ ~ C? ~ ~ hl ~ N ~ C3 ~7 ~ ~ ~ D D ~ ~ C? ~ ~ C7 ~ ~ ~ ~ ~ ~ ~ ~ ~ C~ Q D C~ C~ C~ ~ ~ ~ ~ C? O OQ oD CQ G~ Gp 00 OD ~ OQ OD 0~ OC 00 ab OD D ~ ~ D ~ ~ ~ ~ O ~ ~ ~ C~ ~ o v a v o v o 0 o v v ~ o~ o 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~u ~ ~ ~ ~ ~ C) ~ ~ D O D D ~ ~ ~ D ~ ~ O ~ ~ ~ ~ o ~ O ~ D O O C D G G~ ~ ~ ~ M ~ u7 c0 ~ CO C}7 ~ ~ N C7 ~ CD I~ 00 ~ , , ~ ~ cD ~ ~ Cp c.D i1] I~ t~ f~ I~ I~ I~ I~ ~ ~ ~ ~ ° O° Agenda Item 8.a. Page 4 ~ ~ ~ ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ t ~ ~ ~ ~ N ~ ~I GO D I~ OD ~ ~ ~ r CO ~ ~ CQ f~ ~ D ~ ~ r N iV r ~ aD ~r f~ N ~ ~ r Q~ C~} ~ t ~ r ~ ~''7 O ~ ~ O ~ cG Q~ N cQ ~ iD OQ N oD O Cr? ~ ~ Ij'? t~] ~ ~ C'~ ~ ~ l[} ~D O ~ ~ O C~ D ~I ~ r' G) CD ~7 ~ 0} C~ 1~ ~ Ob N i'~} L11 ~ ~ OD ~ O C'7 D N CV r r r ld M ~ ~ ("rJ r {'1~ r ~ GD r f~ t-~ hl iw] r ~ 0) C'~ ~ ~ ~ r 00 OQ OQ ap GQ Gp OD OD GO ~0 OQ OD aQ ~ ~ OD OD ~0 OD OQ Gp CD CD OD OD CO 00 ~ ~ ~ ~ ~ ~ ~ D~~~00~ ~~O ~ ~ CD DD D D ~ D i'~1 N N ~ ~ O ~ ~~~0~~~0~~ ~ ~ O ~ ~ ~ ~ a cv N N NNcvNcvNN~ cv N~ acv N N N N ~ ~ ~ ~ ~ ~ ~ ~~~~~~a~a~u~~ ~ ~ ~ o~~ ~ ~ ~ r N~ N C~ h~ ~NNN~NC~I~~IlVCV e r r o~ c~ r r C3 - cv cv cv c cv ~ N NCV~~cvcv~ ~ cv ~ cvcv ~ cv ~ ~ o a o o v o o~oo~~v~~oo 0 o a o0 0 0 0 0 w w r ~ o ' ~ ~ ~ ~ ~ ao oa ~ oo ca c+~ t~ ~ v ~ cv ~ ~ ~ o co N oa ao ~ ~ ~ C~ ~ ~ CD ~ cr} ~ ~ N r [V OD Cr? OD ~D ~ N r NOD GD ~ D ~ ~ L3? ~ ~ r r G? r r r~ ~ O N C~ Cr} f~ {w] {D ~ ~.D I~ C] iD N ~ N ~ ~ N N N CV N [V CSI N ~I L'~ r {V C~ CA D ~ O J~ ~ ~ N N N OD N ~ ~ ~ ~ ~ N ~ c*} ~ ~ C~ CD C] ~ N NNNNNNNCVNN ~ ~ CV Nh! d. ~ r O ~ ~ ~ _ C ~ ~ 7 rr J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ ~ ~ C7 ~ ~ ~ ~ ~ w ~ ~ ~ ~ ? ~ ~ ~ ~ ~ ~ ~ ~ ~ w u~. u~ ~ ~ ~1D ~ ~ tD c~7 oa rn r o0 ~ ~ ao GD c~ 0 tD cp r M ~ Q] ~ r ~ ~ ~ 05 ~ C ~ ~ ~ M C~! ~ GO ~ ~ ~ ~ C~"1 ~ ~ ~ C~ O ~ ~ ~ 4 ~ G ~ ~ ~ D J C7 Q ~ C~ ~ CD ~ ~ O ~ D Q ~ Op OD CD GO o0 00 OD Oa 00 OC ~ O~J OD ~D ~ ~ ~ ~ Q ~ ~ ~ ~ C? Q ~ C~ C7 C'~ G ~ D O ~ O ~ D ~ ~ ~ ~ N N N [V N N N N N N N C~ ~ ~ O ~ ~ CD D ~ O ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O O O ~ ~ ~ ~ ~ O C3 O ~ D ~ ~ ~ ~ ~ OD ~ OD ~ aD ~ ~ C~ C~] l~ fih C+~ i'r} M ~ fir] t''} C'~? ~ ~ ~ r' r r r r r r r r r ~ ~ r^ ~ ~ r ~ ! ~ ~ ~ ° Agenda Item 8.a. Page 5 ~ ~ ~ ~ ~ D flQ ~ [~I 1~ CG ~ ~ ~ ~ ~ I~ I~ ~p ~ l~ CV JIY ~ a ! i ~ ! i i i i i ! a ! ! ~ Y i ! ~ ! ! ~ ~ ~D ~ [V ~ I~ f0 sD "~t C~ 0~ oD ~0 ~ 00 ~D Q~ ~D C4 ~ M 00 ~ ~ r r~ iQ LD r N hl r N CO r OQ LV ~ F ~ N ~ ~ O O ~ Q N ~ ~ r GO ~ G~ L~] QO ~ ~ i'7 ~ 'd` ~ I~ ~ G ~ D ~ Q GO ~ N ~0 ~ ~ 1~ ~ ~ I~ iD O N ! F ~ ! ~ i i i ~ i F i i ! 1 ~ S ~ G~ G~ ~ Qy ~ ~ ~ D ~ N ~ CO ~ r C] CD r iD ~ {~I I~ ~D ~ iV N N N N ~ N ~V N N ~ r ~ e- ~ N O ~ - cv cv cv cv cv rv m r ~ ~ ~ ~ r N € cv cv ~ N ~ v v~ o~ a~~ o 0 0 0 0~ v~~ o 0 0 0 0 r a ~ ~ ~ ~ ~ o ~ ~ ~ 00 0~ a? 00 0~ ~ oo r- 00 ~ 0~ r C''! v ~ a ~ o u~ ~ o ~ r ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ o~ ~ ~ ~ ~ co ~t ao ~ ~ ~ ~v ~ cv ~ oo ~ ~ ~ nr cv ~ ~ cv cv ~ ~ ~ o r ~ ~ ~ ~ cv ~ J L~ ~ ~ ~ ~ ~ ~ cv cv ~ cv ~ ~ ~ u~ cv ~ - o ~ o ~ ~ ~ ra ~ o ~ co c~i r c~ c^~ C~ O ~ ~ ~ ~ ~ ~ a - ~ ~ L~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J W ~ ~ ~ W ~ ~ ~ ~ Q ~ ~ C~ ~ ~ ~ ~ ~ ~ cn w ~ ~ ~ C~ o ~ ~ ~ ~ LI] lWL ~ ~ ~ ~ ~ ~ ~ J W W ~ _ ~ ~ ~ ~ ~ W ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ J ~ J J ~ ~ ~ W ~ Ili W ~ V} ~ m L3 U~ CIS LI} L~ !I~ V~ ~ ~ ~ ~ ~ ~ ~ ~ ~7 OQ 0~ C~ C~ OD ~ ~ ~ ~ ~D ~ I~ I~ C C'~ ~ N ~ d! C7 CC ~ 0? oD r r N CV cD f~ tD l4'a ~ C'7 G~ C ~ LD ~D C'7 C~ C~ D ~ [~7 C,3 r C~ r D ~ tQ ~ C~ CV ~ ~ ~ ~ ~ G D D ~ ~ ~ ~ C7 p ~ O ~ ~ ~ ~ C~ G C~ ~ OQ OD Gp CQ ~ CO aD OD Ga Op 00 oa GG 4? 00 OD ~D C~ 0.~ oQ a7 ~ ~ ~ ~ ~ ~ C1~ ~ ~ ~ ~ C1~ ~ ~ ~ Q D ~ ~ O D D ~ D o o v~ o~ 0 0 0~ o~ o? v o 0 o v v~~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ ru ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ D D ~ ~ O ~ ~ O D D D ~ ~ ~ m C3 ~ G7 D O ~ C7 ~ C ? ? O ~ ~ ~ O ~ ~ ~ ~ G G O ~ ~ ~ ~ I~ ~D Cfy ~ r CV ~ I~7 C~ I~ ~0 ~ r' X11 C~7 ~ LCD ~ , , ~ ~ G3 ~ Q'~ Q] ~ d) C~ ~ ~ C~ C7 C'~ ~ O r r r r r r ~ ~7 ~ li7 t!'] ~ p ~ u? t1? ~7 ~ ~ u7 ?f~ u] 0 M c~ c~ ~ M c~ c~ c~ t~ c~ cM} ~ M ~ ~ ~ ~ ~ ~ f'+ ~ ~ r r r r r r- r r r r r r ~r r ~ r- s~ s~ ~ ~ r r r ~ ~ ~ ~ ~ ° Agenda Item 8.a. Page 6 ~ - ~ O ~ ~'7 Cr] ~ 0 GO N ~ ~D Cr? ~ ~ ~ ~ ~ ~ ~ ~ I~ r r ~ ~ O 0 ~ oD ~ ~ G C7 ~ ~ C~ by ~'r} C~ ~ GD ~ I~ e~- 0} I~ I~ Q'? C~ W ~ ~ ~ ~ r Q~ O 0 ~ ~ d? ~ N ~ ~ ~ ~ r r ~ r C'? N ~ ~ ~ 00 r ~ ~ ~ C~ ~ ~ 0 GO ~ ~ r' ~ ~ ~ ~ G? ~ 11? 0 ~ iV GQ 11~ [C~ Q ~ ~ f~ rr r O I~ r Q I~ 0 ~ {'7 ~ ~ D O ~ ~D I~ O N ~ Ca r ~ 1 . ~ ~ ~ ~ ~ ~ t . a L~7 ~ ~ Cr} X17 0~ ~ f~ GO N G`i I~ i~ 0') 0~ ~ ~ ~D N ~D ~ C r ~ G3 ~ ~ N~ ipC~ ~ ~ ~~~r ~ {V e- r ~ Op 0~ [r} r r N Q ~ f~ ~p CO 0~ OQ GO a0 ~ OC ~ ~4 00 00 ~0 ~ 00 a0 aD ~ op CA Op G') 00 00 OQ ~ ~ ~ O ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ 0 ~ ~ D ~ ~ O ~7 ~ ~ 0 ~ ~ O 0~~~0 N ~1 (V (~1 N A N N {V N N i'V ~ hl N N Crl N CV N N N i'V i'V N a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ c~ ca 0 ~ u~ u~ r• as 0 ~ ~ 0 ~ 0 u~ o o ~ 0 0~ 0 0 0 v v o 0 cv nr o cv ~ o a~ cv v oorrcv - cv ~ ~ ~ ~ ~ ~ cv cv cv ~ cv ~ ~ cv cv cv ~ c~ c~ cv r o o m 0 0~ 0 0 00 00 0 0 0 0 a0 000000 u~ ~a ~ ~ ~ 0 ~ 0 o a 0 0 0 0 o0 0 °o °o °a o ~ ~ ~ ~ o c~ ~ ~ 0 ~ ~~c°~crv~°n ~ ~ ~ o o v ~ a 0 ca 0 ~ 0 0 00 ~ ~ as ca cv ~ ~ ~ ~ 0 ~ ~ a~ 0 a~ ~ ~ ~ 0 00000 J ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ cv o 0 as oo cv ~ ~ ~ ~ r~ c~ c~ c~ ~ ~ r C~ ~ ~ ~ ~ ~ ~ ~ ~ 1~7 CV 40 N D d CQ GD r r r r r ~ ~ A ~ ~ ~ f~ r~ ~I ~ ~r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ J u~ m m ~ w ~ w w ~ W ? 0 ~ ~ o o a ~ t~ ~ w ~ ~ ~~~m~~ a mmm as ~ ~ ~ ~ ~ 0 0 0 cv 0 o cv ca ~ ~ v o~~ 0 0 0~ o rn 0 0~ 0 0 0~ co 0 ~ u~ ~ ~ 0 ~ 0 u~ ~ ca ~ r 0 ~ 0 rn 0 0 c cv 0 c~ 0 0 0 0 c~ 0 c~ 0 u~ X 0 0 0 0 0 m 0 0~~ 0 0 0 0~ 0 0 0 0 0 0 ~ c~ 0 0 0 0 a v 0 0 0 0 0 0~ 0 v o 0 ~ ~ ~ a~ ~ ~ ~ a~ 0 0~ ~ ~ ~ ~ ~ ~o 0 0 0~~ 0~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v o v o 0 0 0 0 o a~ o~ o ~ cv cv cv cv cv ~ cv cv cv cv cv cv cv ~ cv ~ ~ ~ ~ ~ ~ ~ r O O r r r r e~ r r r r r r r r r r r ~ ~ O ~ ~ ~ ~ Q 0 O C'~ ? D O ~ O D G ~ ~ r N CSI ~ N N N CSI CV ~ ~ C~ C+~} C~ M f,1 ~r""` r- r r r r r r r r r r r r r s^~^ r ~ ~ ~ ° Agenda Item 8.a. Page 7 ~ ~ GO ~ Q r p GO r CO ~ lf! ~ OQ tp C ~ D O ~ ~ 1~ ~ ~ ~ G3 C~ r ~ . a ~ ~ h'~ ~ i~ i ~ ~ ~ ~ ~ O fV ~ ~ cD f~ i~ ~ ~ ~ r ~ N ~ M I~ pp ~ I~ fV r D ~D O~ r G3 M f~ f~ N 0? G3 ~D r ~ ~t CD ~ ~ ~ ~0 ~ ~ O~ 1~?Op~ D ~OQe"N[~hll~'~e-~r~ ~r~r O ~ 0? Q ~ N N~ I~ rOpLp I~1~ 1~'i rC~~? I~cDLI~~~ N~}LA ~ N ~ ~ cD"~f' ~V Nrr O~ ~r~00rr~~~ M ~ Lf~ I~ I~ ~ 00 N ~ r` CV N r r r r +r r r OQ CO GQ ~ ~ ~ 00 GL? ~ OD ~ GQ CQ ~ ~ 00 Oa OQ GQ 00 00 ~ OO ~ ~ C~ 00 ~ o 0 o a~ o~ v o a o c ~aoo~ooo o o o v o a ~o G o v o o~ov~oooo o v v~ a~ C~~ G f N rQ ~ r f~yrrrr~rNr~N N CrlCrl CSI N N ~V N o 0 0 o a av o a v a oc~oc~~~~o~c~ o av o~ o c~ ro ~ ~ ~ ilk , cw7 ~ ~ ~ ~ ~ ~ ~I ~ ~ N a4 00 ~ tD[vco~~c+}ap~~ oo ~Cn aD N ~ ~ ~ ~ M C~ ~ ~ ~ cr? ~ ~ c~ c~ c+7 ~7 c~ [V N N ~ N ~ ~ Crl r- N N N f~l~ LV CV NhiN(VNi~NNNN i~f NN C'? C7 CV ~ N ~ ~ ~ ~ ~ ~r ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ ~ ~A ~ J ~ ~ ~ ~ ~ J ~ ~ ~ w w ~ ~ ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ m ~ ~ U w ~ ~ W ~ J ~ W a. w ~ ~ ~ ~ W m U U U~ U D ~ u7 C~ Lq ~ C~ ~ CV ~3 ~ r O t~ ~ ~ CQ CG [D I~ ~ ~ ~ C~ ~ C~ I~ ~G C7 r r r r 00 ~ r N C C~ CD ~ ~I ~ ~ ~ ~ N C~'} ~ D m D ~ C7 O D ~ O ~ c~ ~ C7 ~ C) C) ~ D D C~ C~ C] ~ C7 ~ O ~ oQ ~ cD oD CG 0~ ~D ~D ~ ~0 ~ ~ G ~ ~ ~ ~ ~ D D ~ ~ ~ ~ O ~ ~ O ~ ~ D D ~ D LV N lei N N N CV €V N i~ i'rl hl ~ r r r r r r r r r r r ~ ~ ~ ~ ~ ~ ~ ~ ~ o a r o n o ~ o o~ o~ ~ ~ ~ ~ c~ ~ c~ ~ r~ r~ ~ ~ r r r r r r r ~ ~ ~ ~ ~ ° ~ Agenda Item 8.a. Page 8 ¦R ~ ~ L~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.1~ ~ ~ YJ ~i~ V~ ~i1 ~ w ~ ~ ~ ~ ~ ~1` ~ 03 d} ~ fit} ~ I~ i~7 oD ~ er- I~ ~ ~ G+0 ~ r ~ ~ ~ ~ ~ I,[} N ~ C~ oG r e- p ~ ~G ~ I~ ~ 1~ CV CV LV ~ 4 ~ ~ ~ C] ~ ~ O ~ f~ G~ ~ ~ I~ u? fi~ N r N ~ 00 ~ ~ I~ ~ GO +r tD GD fV ~ ~ ~ ~ ~ fi*I ~ {V N ~D r ~ r rc- ~r ~y ~ w W W ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W M~ ~+V ~ ~ W W ~ ~ ~~~C~~~O ~ ~ D C~ Q ~ ~ D O O ~ ~ D O O ~ DD m O ~ ~ ~ ~ ~ ~ ~ ~ ~ O O D ~ O ~ D C~ 00 ~v ~ cv ~ ~ cv cv cv cv ~ cv ~ cv ~ ~ cu cu cv cv tv cv cv ~ ~ ~ ~ fi~ cc ~ ca fi~ ~ ~ ca ~ o ~t oo ~ oD ~ N ~ ~ ~ ~ o I~ c~ C ~ N ~ ~1 l r N LV N ~ ~ ~ r CV N N C11 M N fV ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ o~ oc~ooc~oo o a a o a o a o~ o 0 0~ a o 0 oa ~ ~ ~ ~ 3.[a ~ Lp C~ ~ 0~ N {D {.D N r ~ fiD C~! D ~ ~ ~ ~ N ~ ~ C? i• c~ ['3 ~ Cr} ~ ~ OQ ~ ~ ~ r" ~ C'} N [V N N ~v oD ~ ~ D ~ cD 4~ 0 ~L7 t~ I~ Q ~ ~ ~ ~ ~ iIi ~ ~ ' ' N ~ hl I~ hl ~7 ~ D ~ ~D CD C~ ~ ~ fx# ~ 0 Q /rr~r r!~ V V ~ J U~ D ~ W W ~ W ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ J W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U7 W ~ ~ ~ ~ ~ W W ~ ~ W ~ ~ ~ ~ ~C ~ ~ ~ rJ W L~ ~ ~ ~ ~ W ~ W ~ ~ ~ W ~ ~ W ~ m o ~ cv u~ ~ ~ ~ ~ c~ r~ ~ ~ o ~ ~ cv ~ o o ~t ~ oo ~ o~ ~ ~ ~ o cv cv ~ c~ ~ ~ r c~ ~ c~ ~ c u~ o r ~ o ? ~ ~ ~ o o ~ c~ ~ m o m o n o ~ o~~~ v~ o 0 c~ o ~ ~ o o ~ o a o 0 0 0~ ao ao 00 00 00 0o ao ao 00 00 ~o ao ~o ~a v o o n o ~ o 0 0~ n~ ~ v~ v o a o~~ v ~ ~ ~ ~ r~ ~ ~ ~ ~ fi~ r ~ ~ fi~ ~ fi~ ~ o o a g o a a o o v a~ o 0 ~ o~ ~ ~ cv r~ ~ u~ ca ~ ~ ~ v ~ ~ ~ ~ ~ u~ ~ ~ ~ ~ ~ ~ ~ ~ r~ c~ ~ ~ ~ c~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ r ~ r ~ r r ~ ~ r ~ r ~ ~ ~ ° m Agenda Item 8.a. Page 9 ~ ~ ~ GQ ~ ~ 4p ~ ~cf` r ~ N ~ ~ ~ ~ i'~! i'11 ~ ~ O ~ N ~ ~ ~ t r N N N ~ ~ r' LD CV ~D ~ CQ 0~ r N ~ l'rl Q'1 O OD ~ OC ~7 ~G N 4 r D d? OD ~[7 ~ N~~~~D{DO~~Di'''}NiDG7Lp~f~i"~? SOD O ~ r~D ~ ~ C~1~ Q3 N ~ i i ~ ~ ~ t i ~ ~ ~ ~ i ~ • ~ ~ . ~ ~ d ~~~Q?~~~['~OQ~~DNNGOI~'!E~} 1~~ ~ l^~} rQy OQ C7 r ~ N ~ ~~("'}('~CV~Vrrrrr- ~ f~ f~ ~ ~GD C~ lC~ ~ ~ N ~ r U ~D ~ CSI r C11 ~ R r ~ Q r ~ ~ r ~ ~ ~ ~ ~ ~ ~~~0~~~~~~D~4DD 4 ~ ~ ~ ~ ~ ~ ~ O D ~ ~ C~ ~ ~ 4Q~~~~~~~~~~D~~ ~ O ~ ~ ~ C~ ~ ~ C~ O O O ~ N NNN~NNNNNNN N~IN N N N hl C~ N N N N N Chi ~I N ~ r~O~~~~N~r~hl~C~lr ~ ~ 4ti1 ~ CV ~ N N N CV r• C~! C~1 ~~~~c~cv~~~cv~~ cv cv r cv cv cv cv cv cv ~ cv ~ 0 0000000~o~~~DVD o 0 0 ~ o 0 o a~ a v a s ~ ~ ~ ~ ~ ~ ~C~rIN~G~"1~r~G]Q~(""~hlr~~ ar ~ ~ ~ ~ ~ ~ ~ ~ ~ N I~ ~ 04 ~ [~I ~b tD ~ oq to tD i~ C~ N Cr} N c'7 N cal C'} ~ D C~ N tD OQ C7 ~ M ~ ~ ~ (~NNi~NL~INNN(~INO~NN~i lL r ~ ~ ~ ~ N ~ oo ~ C] ~ ~ ~ ~ ~ ~ ~ ~ C ~ ~ ~ ~ ~ W ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ ~ ~ ~ ~ ~ LLJ ~ C~ J F- ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ m ~ ~ ~ W ~ 0 ~ W W ~ ~ G ~ 00 ~ r r C~ ~ ~D ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ D C7 ~ Q D D C'~ OD CO oQ oD oD oQ GD oD o0 00 00 ~ ~ O D ~ ~ O ~ ~ O ~ ~ ~ ~ O ~ ~ ~ ~ O ~ D ~ OD ~ C ] Cyr? C~7 ~ L ~ C ] C ~ t4~7 ~ ~ ~ ~ O ~ ~ ~ ~ D D ~k ~ LV M ~ lh ~,p ~ ~ Q) p r ~7 p ~ ~ ~t7 ~ ~~1 ~ ~ ~ ~ ~ ~ U r r r r- r- s-• r ~ r r-~ t•- ~ C ~ D m Agenda Item 8.a. Page 10 ~ ~ ~ ~ hl ~D ~ ~ d" O r r Q Q r Q r I~ 00 ~ 0~ ~ L'V CD GO ~ ~ ~ f~ 0 ~ ~ ~ O ~ ~ ~ ~ N l~! . , ~ ~ N N ~ ~ I~ ~ i'7 Qi ~ CV i'7 GO ~ OQ N r 4~ m ~ ~ ~ N ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ ~ ~ r ~ ~ Lp ~ ~ ~ ~ ~ U rt r G'! N ~D LD r ~ 0 ~ 0} iD ~ r r ~ 0 r ~ r ~ I~ GO 0 IA N OQ Op CV r r G? ~ 0 ~ ~ ~ ~ r ~ LG ~ ~ O lf? O ~ N ~D I~ ~ CV N 0~ L~ t~ I~'} ~ 0 {'7 I~ 1~ L'+~I r N C7 OD ~ O GO CV ~ C ,r r r r r r C'~ ~ N N LD 1!7 G~ ~ ~ ~ ~Q M ~ 00 0'! ~ ~ LV N r r C~ ~7 {'7 r r GQ i`'} ~ ~ ~I ~ p ~G iD r I,L} ~ r r r 00 O~ 00 cD ~0 OQ aC OD OD OQ GQ ~Q Op CD ~Q dJ 00 OD OD Gp OQ ~ 00 00 OD ~ 0 0 ~ 0000 ~ 0 000 ~ ~ v o ~ o ~ o0 0 0 00 X 0 0 0 0000 0 0 000 0 0 0 0 0 0 0 00 0 o ao ~ Op C~ r r ~r- r r d} Q} ~ r I~ ill I~ Lp N 1l7 ~ 0~ 00 ~ CV G~ C r ~1 N 0 0 0 0 ~ hl N N CV N r (11 O N O N CV ~ iV r' LV ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ ~ 0 0 0 0 000 0 0 0 00 0 0 0 o v o 0 v 0 0 0 0 0 w ~ ~ ~ ~ ~ 0 0 ~ 0~•~ ~ ~ ~ ~ ~ ~ r ~ as ~ ~ a ~ ca as ~ co ~ ~ ~ ~ ~ 0 0 ~ oo~~ 0 0 ~ acv o ca ~ 0 ~ 0 0 ~ o ~ ~ ~7 ~D I~ r ~ ~ ~ r O~J l~} ~ ~{7 ~0 ~'~3 l{'~ N CV OD ~ ~1 J ~ ~ C? ~ ~ r ~ ~ C'~ CV ~ e** r r r ~ G) N Cr] O ~ ~ O ~ ~ ~ ~ t~ ~ r r r ~ ~ O ~ ~ D ~ ~C Cr? ~ I~ N ~7 OQ ~ C~ U~ ~ N N N N CV OA cp ~D ~G r d. ~ r D ~ ~ ~ Q iD 0 0 ~ ~ b ~ ~ ~ ~ ~ x ~ ~ c~ ~ ~ ~ ~ _ J J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~I ~ 0 ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ 4 C~ ~ o~ r ~ C'? 1~ ~ ~ r OG I~ G~ i~ r 0~ ~ 0 ~ tG ~ ~ Q? r ~ ~ ~ ~ ~ ~ O CO r 0~ ~ ~0 ~ ~ tD C'r? cD 1~ ~'7 ~p lf7 ~p r ~ CQ N ~ iD C ~ C~ O ~ ~ CD L~ ~ Crl ~ i,D ~ N CV ~ C~ ~D ~ ~ C3 ~ ~ ~ ~ O ~ 0 ~ O CJ G~ ~ ~ D ~ C~ 0 0 Q ~ D 0 C3 ~ C~ ~ ~ Q ~ ~7 ~ C~ C~ C7 OG Op CO o0 cD aD ~0 00 ~+0 as GD a0 oD oD a7 00 ~ ~ ~ 0 ~ 0 C] ~ ~ O ~ O 0 ~ D O ~ ~ ~ ~ O ~ 0 ~ ~ ~ C~ 0 ~ O ~ ~ ~ 0 ~ ~ G N hl N L~1 CV iV {V CV CV CV CV N N i'V N ~f N N ~ r r r r r r- r- r r r r r r r r r r ~ v 0 0 a 0 0 0 0 0 0 0 0 0 0 0 o a o a ~ N ~ tD 00 ~ ~ ~l c+~ ~ ~ c~ I~ 00 ~ ~ ~ r r r r r r r r r r ~ ~ r t~ r !7 ~ ~ ~ ~ Agenda Item 8.a. Page 11 ~ ~ ~ df ~ ~ ~ ~ G 00 ~ ~ N ~i ~ ~ A ~ 1A ~ ~ ~ M M ~ ~ ~ ~ ~ C~! C ~ ~ ° ° ~ ~ ~ ~ ~ o ~ a v o ~ ~ ~ r w ~ ~ ~ ~ ~ o ~ ~ ~ ~ J ~ ~ ~ ~ ~ ~ ~ a ~ ~ C~ ~ ~ U w C~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ o ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ o o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ A. M ~ ~D ~ Agenda Item 8.a. Page 12 ATTACHMENT 2 CITY ~F ARR~Y~ ~RA~VDE DEPARTMENTAL LABOR DI~TRIBUTI~N PAID PER~~D ~12~l08 - 31808 03!14108 FUND 01 ~ 41 4,40 5101 salaries Full time 232,111,50 FUND 220 13,849.8fi 5102 salaries Part-Time - PPT 21,95?.01 FUND 284 ?82,13 5103 salaries Part-Time - TPT 8,131.9fi FUND 285 888.33 51 al~ries ~verTime 9, 523, ~ 5 FUND 61~ 8,711.85 5101 salaries standby 312,09 FUND X40 28,108.55 5108 Holiday Pay 9,314.05 4fi4,821.12 5109 dick Pay 2,412,fi4 5110 Annual Leave Buyback 5111 Vacation Buyback - 5112 dick Leave Buyback - 5113 Vacation Pay T, 3O9.G5 5114 Camp Pay 5,Ofi1.64 5115 Annua! Leave Pay 2,001.00 5121 PER Retirement 79,5G4.13 5122 facial Becurity 21,112~0~ 5123 PARS Retirement 354.11 512fi state Disability ins. 852,34 5121 Deferred Compensation 80.00 5131 Health Insurance 52,02.38 5132 Dental Insurance 5,18994 5133 Vision Insurance 1,119.13 5134 Life Insurance 508.05 5135 Long Term Disability - 5143 Uniform Allowance - 5144 Car Allowance 1,187.50 514fi Council Expense 5147 Employee Assistance 5148 Boot Allowance - 5149 Motor Pay ?5.00 5150 Bi'Lingual Pay 200.00 5151 Cell Phone Allowance 421.50 4fi4,821.12 Agenda Item 8.a. Page 13 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.a. Page 14 ~ INC~~~QRATEO ~ ~ v MEI~RANDU~I *,~r10,~~~r~ ~P ~ ~ ~F~ T~: CITY C~UNIL FR~IIII: ANGELA ~CRAETaI~I, DIRECTOR DF FINAI~IAL ERVIE BY: FRANE R. HEAD, AUNTINC UPE~III~R ~UBJET: NIDERATION OF TATE~IENT ~F INVETNlENT DEP~aIT DATE: I~AR~I 2, ~D~B REI~~IENDATION; It is recommended the City Council receive and file the attached report listing the current invetrr~ent deposits of the Ci#~ of Arroyo Grande, as of February DOS, a required by avernment Code section 53G~b}. FINANCIAL IMPACT: There is no funding impact to the City related to this report. F#owever, the City does receive interest revenue based on the interest rate of the investments}. BAl~ROl~ND: This report represents the City's investments as of February 29, ~aa8~ It includes ail invet~?ents managed by the City, the investment institution, investment type, bogie value, maturity date, and rate of interest. A of February X008, the investment pvrtfolia was in compliance with all state laws and the City's investment policy. ANALYI ~F IIJE* The Director of Financial services has historically to submitted to the City Council a monthly report, providing the following information; ~ . Type of investment. 2. Financial institution ~baniC, savings and loan, broker, etc}. Date of maturity 4. Principal amount. 5. Rate of interest. fi. Current market value for ail securities having a maturity of mare than ~ ~ months. 7. Relationship of the r~vnthly report to the annual statement of investment policy Agenda Item 8.b. Page 1 QTY ~U NCI L Na~DERAT~~~ INETI~ENT DE~SfTS I~AR~i ~~0 PAGE ~ ALT~RNAT~VES; The following alternatives are provided for the Council" consideration: R I4ecor~rnended Af~erna~ive -Approve staff's reca~rmendation to receive and fle the attached report listing the Current investment deposits. - Do not approve staff reCOrnmendation - Provide direction to staff ADVANTAGES: safety of principal is the foremost objective of the pity. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Same level of risk is present in any investment transaction. Losses Could be incurred due to market price changes, technical Cash flow complications such as the need to withdraw a non- negotiable Time certificate of Deposit early, ar even the default of an issuer. To minimise such risks, diversifications of the investment po~folio by institution and by investment instruments are being used as much a is practical and prudent ENVIRGNMENTAL ~EVIEIIIf: No environmental review i required for this item. P~~LI NGTlEIATION AND GI~IENTS; The Agenda was posted in front of pity Hall on Thursday, March ~a~8. The Agenda and report were posted on the pity's website on Friday, March ~~DB. hla public cnrnrr~ent were received Attachments: Portfolio Summary Agenda Item 8.b. Page 2 ~ ~ O 0 ~ o 0 0 o a o 0 a ~ m~?~ c ~ c ~ r L~ U ~ ~ ~ ~G G~J OD ~D 00 OD ~ GQ~QOO OOODO~ N N ~ {V N C~ ~ ~ ~ w w G~rt"'{VQ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ c~pccDG~~ ~ ~~c~~ r ~ I~ I~ ip I~ f~ ~ ~ DOD t ~ DCOC~ N ~I iV iV ~l iV a G G~ ~ N ~ hl d r r~ e~- r ~ ~ ~ ~ ~ ~ ~ ~ m~~ m~° ~~°o ~~a ~ ~ ~ a r ~ ~ ~ ,v ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ o ~ ~ ~ ~ o~~~ t~ ~ ~ a oo~ooo a ~ ~ ~ ~ w w w w w w • w r r/ i ~ 3 ~ ~ - 4 ~ ~ ro ~ ~ ~ m ~ a r z ~ ~ ~ ~ ~ ~ C ~ ~ C ~ ~ ~ CEO ~~m - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 07 - ~ D ~ ~ ~ ~ Agenda Item 8.b. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 ~ ~,~RO~~ ~ ~ xr~ca~~op?at~v ~Z ~ m MEI~oRANDUM ~ JULY 1 Q, i'~ 11 ~ ~ To: cITY co~NClL FROM: AN~LA K~AETH, DIRECTOR of FINANCIAL ERIIICE SUBJECT: oNiDERATIOI~ of APPROVAL of THE cITY of A~ROYo GRANDE INVEBT~IENT POLICY GATE: MAF~cH X008 RECOIVII~ENI~ATION: It is recommended the pity council approve the pity of Arroyo Grande Investment Policy. FINANCIAL IhIIPACT: There is no funding ir~pact to the pity related to this policy. Wov~ever, the pity does receive interest revenue based on the type of investments pursued by the City. BACl~CROUND: Attached is the Gity's investment Palmy, v~rhich vuas last re~rievued by the pity auncil on April ~ ~OOI. In the past, California overnrnent bode section ~4~ required that an lnvetn~er~t Policy be presented to the Council on an annual basis. beginning January 200?, it is no longer required by statute that the treasurer or chief financial officers of local gavernr~ent entities annually submit a tater~er~t of investment policy to their governing body, Floryever, it i highly recomr~ended by both the Association of Public Treasurers of the United states Canada and the Government Finance officers Association ~CFGA}, It i in the best interest of the City if ta#f continues to prepare the policy and present it to the Gour~cil on an annual basis for reviev~r. The pity's Investment Policy authorizes only the more conservative investments, requires monthly investment reports to pity vuncil, ar~d requires that the due diligence of a "prudent person" be follov~ed in the investment of pity funds. ANALYBIB of IMBUES; The purpose of the Investment Policy i to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment^related activities. The ultimate goal is to enhance the economic status of the pity of Arroyo Grande ~uhile protecting its cash resources, The investment policies and practices of the pity of Arroyo Grande and the Arroyo Grande Redevelopment Agency are based on State lair and prudent money Agenda Item 8.c. Page 1 QTY oUlVll APPROVAL of THE fTY ~NVETN~ENT PoLIY ~IA~CH ~S~ ~~DB PAGE ~ manager~ent, All funds vuill be invested in accordance Frith the pity's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Gode. currently, the pity has investments in the local Agency lnvestrnent Fund ~LAIF~ and several certificates of deposits Hor~ever, staff has not rener~ed maturing certificates of deposit due to the frailty of the banking industry. vVith the current r~ortgage crisis, severe! banks are nor feeling the hardship and this could affect the payments of both interest and principal, In follor~ing our current investment policy, staff feels that the most conservative approach uvould be to continue to let the certificates of deposit mature at this time and continue to ~ratch the market to determine ~rhen both the health of the industry and the return rates have improved. The only changes to the Investment Policy urere updates made to investment instrument limitations to re#lect changes in the Government bode for example the limit for Banker's acceptances on page of the Policy, increased from ~o~lo to ~~°lo} and vrording gas added to inform the reader that an Investment Policy is no longer required by statute ALTERNATIVE; The follouving alternatives are provided #or pity council consideration; - Approve the Investment Policy; Do not approve the Investment Policy; - Modify Investment Policy and approve; - Provide direction to staff. ADVANTAGE: The investment policy provides staff: vrith uidance vuhen ursuin investment g p g opportunities, In addition, the policy establishes the specific investment goals of the pity r~rhich are safety, liquidity and yield. DIADVATAGE; There are no identified disadvantages related to the approval of this policy. Houvever, there is some level of risk in any investment transaction. To minimise such risks, diversifications of the investrrrent portfolio by 'restitution and by investment instruments herr passible is recommended in the pity's Investment Policy. EN11IRoNI~ENTAL, REVIE~U; No environmental revier~r i required for this item, Agenda Item 8.c. Page 2 CITY oUNIL APPROVAL. THE CITY ~NIIETI~ENT PoLIY NEAR H 25, ~4D PAGE 3 PU~Li NoTiFICATlO~i AI~~ o~IMENT: The Agenda was doted in front of pity Hall on Thursday, March ~o, ~ODB. The Agenda and report were posted on the pity's webite on l=ridgy, N~arch ~1, boo. No public cor~r~ents were received. Attachment: pity of Arroyo Grande Investment Policy Agenda Item 8.c. Page 3 ~ ~1 a~ r ~ ~ . ~ T 1 ~ ~ ~~~+~y.~ ~ r` ~ : a ~ f k ~'r~ r~ ~ the FxnxI rv~ce D~ rtr~t ~ ~ ~ Agenda Item 8.c. age ! 1 11 T ;{frAr 11T~1y7 {1 i1 7Lr'Jy{/11 il{ 1. 1 ~T V~ FLii~A+t 1 ~J li~ 1 MMF...........f44f#4~.aa~~r.~~~~s44f.......si...,,,,,f#f#.....~.....,.,,,M# ..............fr1,?Y?.................,,#... i Lil~~ sl~+iii~lit ~J V~ ~~~1 T V .a.f,,,,hY ...................h....a.....,,,,r„f###..a~a.....,,,,,,??a Y...............,..,441??............,,,, ~i M\+V11VV ~~4r~~ ..,,,,if#f#...a~~.....,f11....~aa~~.....,,,,Y141.F.....a...,,,,1r4#### ..............f.,.,,#,l...i.... a.......,.,,,4#. it Areas of Investment Po1ic~: 1 i~~LiV~i Vlc~ tiJV114L 1.+J~ 4.1,i1~ NFL ~..,,,,.?~.i......~.....,,,rrli.#a ...............~rrr, l.....~... a....,,,,rrrtt.. it II. Portfolio Diversification ~~il~~e ~1nanCta~ ~ltltl~tlol]S„111 Code A~t~thorized Instruments and Portfolio i,lmltatlons f,.,l,+.l#~# N.L~A1c~Y ~f ~4~t~~ ~ r....,,,.,,.,a „ I.a?~~aaa...........r..,.,,,,,,.,#,.#aa. a 1 V it~ l aCenlerit ~i 44V Y~V~.......~~......,.~...,,,,,1#~..~.~ 1.. J.#.il 4~~ 1, tY{diW~~111Vn4 a~~ ~r 4FLiVi~ YY4f.......i.....,,....r.r.....,#f#4#Illil .............aa a...,.,,,,,,,,,,,~ ~~st~~nt ~eporting, Pol~4'y I~~VIeV~ and PffeCt~ lV ~~~~V~ ~~r ................rr~r,,,,,,,,l.,ii#,. i.......~ A enda Item 8.c. Page 5 ~nvestm~nt P~l~~~ The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and fornaalize investxnnent-related act~vltles. The intimate goal is to enhance the economic status of the pity of Arroyo Grande while protecting its cash resources, The investment policies and practices of the pity of Arroyo Grande and the Arroyo Grande Redevelopment Agency are based on state law and prudent money management. All funds will be invested in accordance with the pity's Investment Policy and the authority governing investments for municipal governments asset forth in the California Government bode. Inv~stme~t ~~_i e~tx~e The investment ob~ectrve of the City of Arroyo Grande is to optimize the following goals; • safety ~ liquidity ~ Yield safety of principal is the faren~ost ob~ectlve of the ~~ty. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. fnvetn~ent decisions should not incur unreasonable credit ar naket risks in order to obtain current investment incanae. credit risk is the risk of loss due to the failure of the security issuer ar broke~~ axket risk is the risk that the market value of securities in the port#'olia will fall due to changes in general level of interest rates. The pity's investment portfolio will remain sufic~ently liquid to enable the pity to meet its calla flow requirements. Liquidity of the investments guarantees the pity's ability to meet operating e~pendttures. The pity's investment portfolio shall be designed with the obj ective of attaining a market rate of return on its' investments consistent with the constraints unposed by its safety objective and cash flow considerations. Yield is to be a consideration only after the basic requirements of safety and liquidity have been met. ~ptimizataon means striving to achieve a balance between all three objective goals. hauld a demand be perceived to prioritize the three goals, they are listed in preferred order. 1 Agenda Item 8.c. age Prudence Standard The standard of prudence to be used by the Financial Services Directorldesignee shall be the "prudent person rule' and shall be applied in the context of managing pity investments. Persons acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual investment lass, provided that deviations are reported in a timely fashion, and appropriate action is taken to control adverse developments. Areas of In~~tment Polio Authori#ies, control and dare: 1. The Director of Financial services has been authorized, via Resolution #4~~5, to establish deposit and investment agreements and undertake depositlinvestment transactions on behalf of the pity of Arroyo Crrane, The Director of Financial services may delegate to another official the Lndlvldual placement of mon1C5 In deposlt~Irlvestrn~nt ~anaction, but must review and approve each one, The financial Services Department is responsible for in~plerrlentin this policy, and maintaining a system of internal control designed to prevent employee error or imprudent actlans, misrepresentation parties to an lrlvestment agreement, fraud, Or une~peCted changes in the financial marl~et place. ~ . State of California government bode Sections 5 ~ a0 et seq. ~H3 al~d 1 ~4~9.1 regulate the deposltllnvestment activities of general law cites See Sec; 5~~3 5 and 1 ~429~ 1 Based upon the relatively small size o~ the ~lty's portfolio, e ~lty does not utilize ~ professional investment manager. Rather, Arroyo Cranders investrrient program is simply a part of the pity's financial management activity, 4. The Director of Financial Services ~arld any delegate} shall use good judgement and care, as a "prudent person" would, when entering contracts for depoSltS and investrnerlts, and when placing individual investment transactions. Such care I5 that which would be exercised by person concerning hislher own affairs} not for s eculation but far safe investment and p a earned Interest. Borne level of risl~ is present in any investment transaction, Losses could be incurred due to market price changes, technical cash flaw complications such a the need to withdraw a non- negotiable Time certificate of Deposit early, or even the default of an issuer, Ta minimize such risks, diversification of the investment portfolio by institution and by investment instruments will be used as much as is practical and prudent. 2 Agenda Item 8.c. age Portfolio Diversification: 1, Bligible Financial Institutions: avernment Cade Section distinguishes between "deposits" and "lnvest~rients"'. It provides that "as far as possible" City monies shall be "deposited"' in State ar National banks ar State ar Federal savings and loan associations; ar maybe '}invested" in specified ~r~struments, Thus, ellglble fnanclal 1nstltutl~ns would lrlclude: A, Banks plus savings and loans, primarily for active demand deposits ~cheekin accaur~ts and passbook savit~gs~ and inactive deposits {non-negotiable Time Certificates}, also far investment instruments, See ~averrYn~ent Cade Sec. 5~G3S far maximum deposit limitations far banks and savings and loans, involving bank paid up capital ar~d saving and loan net worth. B. Brokers and issuers, far various investment instruments listed below. Cade Authorised Instruments and Portfolio Limitations: A. Instruments and Partfol~o L~rri~tatlons are authar~zed as provided In avernme~at Cade Section S~G~~ and 1649.1, as follows: 1 } Bands issued by the City of Arraya Grande, Na lirriit. Treasury Notes, bonds, bills, or other certificates of indebtedness. The mxiruum maturity shall not exceed five years. California State registered notes, bonds, or warrants, Maximum maturity of five years. 4} ether focal agencies within California, bands, Hates, v~arran#, or other indebtedness, Five year maxin~u~n maturity. } obligations issued by Federal agencies such as Federal FIorr~e Laan Bank ~FI~LB}, Federal Florae Laan lVlartgage Corporation {FHLMC}, Federal Farm Credit Bank ~FFCB}, etc. Limited to a five year maximum maturity. Banker's acceptances {bills of exchange or tinge drafts} drawn an and accepted by a commercial bank, and which are eligible far purchase by the Federal Reserve System These are limited to 40 percent of the City"s surplus funds, and limited to 1 S~-day rriaxirrrurn maturities. 7} Commercial paper of "prime" quality, as rated by 1Vloady's Investor Service ar Standard and 1'aor's Corporation. These are limited to ~5 percent of the City"s 3 A enda Item 8.c. age portfalia, and limited to 270-day maximum maturities, plus same other C~uallf Catlans. FDIC insured or filly collateralized tinr~e certificates of deposit in financial institutions located in California, including United States branches of foreign banks licensed to da business in California. The rnaxiut~ maturity of a tune deposit shall not exceed five years. 9} Negotiable Certificates of Deposit, issued by either a National or Mate bank or a state ar federal savings and lawn provided that the senior debt abligat~ons of the issuing lnstitutron are rated "AA" or better by Moody's or Standard Poor's. The rnaxirnun~ maturity of a negotiable certificate of deposit sha11 not exceed five years, Purchase of negotiable certificates of deposit may not exceed 30 percent of the book value of the City's portfolio. 10}Repurchase agreements ar reverse repurchase agreements, whereby the seller of securities will repurchase them on a specified date and far a specified amount. The n~axir~urn maturity of a time deposit shall not exceed one year. 11 }Local Agency fnvestn~ent Fund, State of California, per Crovernment Cade Sec. 1 X429.1. Pooled n~anies of various agencies within California. Account sire is 1~n~1ted to a minimum of S,OOU sunless bond proceeds} and a maximum limit of $4a million, Safekee in of Securities: To protect against fraud or err~bezzlerrient ar losses caused by collapse of an individual securities dealer} all securities owned by the City shall be held ~n safekeep1ng by a third party bank trust department. Designated third party shall act as agents for the City under the terms of a custad . ~ agreement. All trades executed by a dealer will settle delivery vs, payment ~I~vP} through the City's safekeeping agent. Investment officials shall be bonded to protect the public against possible embezzlement or nlal~ce. Securities held in custody for the City shall be independently audited an an annual basis to veil . f investment holdings, i Placement Practice: 1. The fallowing finaclal ~nstttutians will be used by the City of Arroyo Grande, for non- negotiable T~rne Certificates of Deposit. a} Commercial banks having offices in the State of California. b} Savings acid loans maintaining offices in .e State of Califarr~ia. 4 A enda Item 8.c. age The State of California Local Agency Investment Fund {L,A,I,F,~ will be utilized, to pool current surplus pity monies for demand deposit earnings. 3. For other investment insu~nents, three ~nstltutlons may be selected frarn a llst of quall~ied primary or regional brokerldealers qualifying under ~ rule 15c-1 {uniform net capital rule}. ~rokexldealers must be licensed in the State of California and be headquartered or maintain a branch office in the State of California. All brokersldealers shall carry Errors and emissions insurance with a limit of not less than l,ooo,ooo per occurrence. Proof of existence of said insurance sha11 be proided to the pity at its request and the pity shall be notified if the policy is cancelled or coverage is reduce below 1,00,000. 4. Prior to establishing a contract for deposit of monies per Sec. 5649, or placing an individual investment, the credit-worthiness of each f ~nanctal institution wiil be determined. As a minimum, the ratio of net worth {equity to total assets shall be 3.o°Io or rrzore. 5. ~o more than o~Io of the pity's available surplus shall be placed with any one financial Instltutlon {excluding the state L.A.I.F. and govern.rnent agency issues}. No Inure than ~~°I~ of the pity's available surplus shall be placed with savings and loan institutions. 7. The pity, as authorized in Government bode Sections X3635 and 16429,1, nay use all deposit and investment instruments; except repurchase and reverse repurchase agreelx~cnts shall not be used. However, non-negotiable time cert~icates with cominercial banks and savings and loans, plus deposits in the State Local Agency Investment Fund, will be the primary instruments used by the pity, along with possible L~, S. Treasury bills and bankers acceptances. S. Collateral security on certificates of Deposit will be provided in accordance to Government bode Sections 5 6 ~ 1 and 5 ~ 3 by the commercial banks and savings and loans, at 11 ~°Io when government securities are used, or at 150°Io when promissory notes secured by 1st mortgages or 1 st trust deeds on improved residential real property located in California arc used. Individual placements of deposits and investments will be made based upon highest rate quotes, In rn~St instances. 10. wlthln the context of any portfolio lilnltatlons and quoted rates, deposits shall be dlstnbuted between 1nstltutlons as evenly as practical or possible. Agenda Item 8.c. age dash 1Viana~ement and Matu~: 1, ~ n7axlmum investment of all lty monies, not needed to meet current cash flaw needs, will be maintained as closely as practical. A sufficient compensating balance will also be provided, regarding the pity"s banking service agreement. All monetary resources wi11 be pooled far investment purposes, to ma~nn1ze interest - earnings, w~ch will be periodically allocated to the varxau funds of the City based upon average cash balances at month ends. Na interest will be credited to individual accounts within the various funds. 3. Time deposits acrd investments will be held to maturity, unless it is absolutely necessary to sell an investrnnent early due to an unexpected liability. 4. Maturities of deposits and investments will be scheduled in such a manner as to provide a steady stream of available cash to meet cash flow needs. The California State faoeal Agency Investment Fund deposits of the pity of Arroyo Grande are available on a san~e- daylnext-day telephone call basis. Investment epor~i~_P~l~ey ~evie~v end ~~ect~ve policy Term An fnvestr~ent Policy is na longer required by statute however, it is highly recommended by both the Association of Public Treasurers of the Unitcd States Canada and the government Finance ~ffieers Association ~F~A}. It ~s in the best interest of the ity to prepare, present and discuss the Investment Policy with the pity council an an annual basis. In addition, a monthly report ~s submitted to the City council, providing the following information; 1. Type of investment, 2. Financial institution bank, savings and loan, broker, etc}, 3 ~ bate of maturity, 4. Principal an~ount~ 5. Rate of interest. . current rriarket value for all securities having a Maturity of more than 1 ~ rnai~ths, 7, Relationship of the monthly report to the annual statement of investment policy. The pity's independent certified public accountant shall review and make recommendations, when appropriate, regarding the pity of Arroyo rrande's investment policy. d Page 11 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.c. Page 12 ~ ~ INC~RpORA~~~ ~ I~EI~IoRANDUII~ c~ To; CITY DoUNIL FROM: ANGELA I~RAETH, DIRECTOR of FINI~NDIAL ERVIE UBJEDT: ADOPTION of oRDiNANE A~IENDiN THE ALIFORNII~ P~~L~D EI~PLOYEE~ RETIREMENT YTEI~ ~P~R} oNTR~4T FOR THE LoDAL NiIELLANEO~a I~ENIBER AND LoDAL POl~1CE NlEI~BER DATE: I~ARDH ~~08 REDo~IMENDAT~oN: It i reco~nrnended the pity council adopt an ordinance of the pity council of the pity of Arro o Grande authorizing an amendment to the contract between the pity and the i ~ ~ ~ . + ~ ~ Beard of Adr~~n~strat~on of the al~fornia P~bl~c ~r~ployee Retirement yste~n for local miscellaneous members and local police members. FINANDIAL III~PADT: The increased cost for the enhanced benefits i approxirnateiy 2,000. However, the current Memorandum of Understanding ~MOU} with the service employees International Union ~EIU} and the fide Letter of Agreement with the Arroyo Grande Police officers' Association ~APDA} states that employees will pay 2.5°l0 of the employee's PER contribution rate and the pity will pay the remaining percentage ~~.°lo for EIU and G.5~1~ for APDA}. Therefore, the employees will be paying approximately ~ ~,OOO of the increased cost and the City will be picking up the remaining $~,ooo. BA~COROUND: The attached ordinance was introduced, without modification, at the pity council meeting of February ~G, 2008 The ordinance and contract change increases retirement benefits for the Arroyo Grande Police safety ernpioyees to the °lo at 0 retirement plan and 2.°I~ at 55 retirement plan for Police non-safety and local miscellaneous employees, This modification will be effective June 200. As discussed at the February 20, 208 pity ounci~ meeting, the pity's annual contribution rate for the Miscellaneous plan will increase by .~0~1~ end the Police plan will increase by o~~lo. In addition, the employee contribution rate for the Miscellaneous group will increase from 7'°lo to 810. Agenda Item 8.d. Page 1 lT~r~uNrL 11IiCD~~~ATI~N T~ CALPER GNTRAT lI~ARC1~ 25, Z~~B PACE 2 ANALYI GF It,JE: This action impler~ent provision ~~.1A of the current MGU between the Ell.l and the City of Arroyo Grande and provision 4.4A of the current fide Letter of Agreement with the AGPGA and the City. Currently, the HERS ~°lo at age ~b~retirement plan is provided for miscellaneous r~embers, with the City paying the 7"°lo employee contribution for PERK retirement. Effective June gg8, the ~,°1o at 55 PEAS retirer~ent plan will be provided to miscellaneous members with the employee contribution rate increasing to °l~. The employees will pay ~.5~1~ of the er~ployee contribution rate with the City paying the remaining ~.5°l~. Government Code section ~g474 requires a secret ballot election by the employees affected whenever the contract is amended to provide benefit that changes the employees' rate of contribution, in this case the n~isce!laneous empi'oyee rate is increasing from 7~1o to 810. The election was held on March ~ 3, ~Oa~ Frith ~ g0°l~ approval of th ose who voted . The PERK 3°lo at age ~~-retirement plan i currently provided for police members, with the City paying the °lo employee contribution for PERK retirr~ent. Effective June ~g08, the ~°l~ at 0 PERK retirement plan will be provided to police members. The employees will pay ~.~°l~ of the employee contribution rate with the City paying the remaining ~,~°l~. ALTE~NATIIIE: The following alternatives are provided for City Council consideration: - Adopting an Grdinance to amend the PER contract; - ~o not adapt the ordinance, which would require staff to renegotiate the approved II~~U with EIIJ and the APIA; - Provide direction to staff. ADIIANTACE: Ey approving the recommended enhanced benefits, the City will be Honoring the agreement reached with the respective unions, !n addition, the enhanced benefits will make the City more competitive with the surrounding cities when recruiting new employees. This change crakes the City's retirement benefit plans consistent with t#~e majority of Cities in the County and is being implemented with rr~inima! cost to the City since employees will pay the largest share of the cost. DiA~VANTAE: The only disadvantage identified in relation to this recommendation is an increased cost to the City and employees. EN111RNMENTAL REVIEIIII: Na environmental review is required for this item, Agenda Item 8.d. Page 2 CITY ~okJNCiL ~IODI~IAT~oN To GALPER ~oNTRAT MARCH ~OD8 PAGE PUBLIC NoTiFICATioN AND oNiMENT; The Agenda qua posted in frond of pity Wall on Thurda~r, March 20, X008. The Agenda and report v~ere posted on the City's ~reb~te on Friday, larch , BOOB. No public comments ~rere received. Agenda Item 8.d. Page 3 ORDINANCE ND. AN ORDINANDE OF THE DITY DOUNIL OF THE DITY ARROYO GRANDE ACITHORI2INC AN AMENDMENT T THE ~NTRADT EETIEEN THE DI~`Y AND THE BARD OF ADI~INITRATION OF THE DALIFORNIA PUBLIO EMPLOYEE' RETIREMENT YaTEM FAR L~DAL I~~CELLANE~U I~IEMBER AND LORAL P~LIOE MEMDER I~VHEREA, the City of Arroyo Grande, bounty of San Luis Obispo, State of California ~"City"} is duly authorized and existing under the laws of said State; and I~VHEREAt the Oity of Arroyo Grande has contracted with the Board of Administration of the California Public Employees' Retirement System to provide retirement benefits to the employees; and ~VHEREASt the City of Arroyo Grande wishes to adapt the provisions of Section 2~ b4.4 {~.5°l~ ~ 5b Full and Modified formula} for local miscellaneous members. ~f I~EREA, the pity of Arroyo rar}de wishes to adept the provisions of Section ~~~~~.2 ~~~lo ~ b0 Modified formula} for local police members. N~VII, 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 amendr~ent being attached hereto, marked "Exhibit", and by such reference rude a park hereof as though herein set out in full. 2. The Mayor of the pity of Arroyo Grande is hereby authorized, empowered, and directed to execute said an~endrent for and on behalf of said City. 3. This Ordinance shall take effect on April ~G, 20~~. 4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five ~5} days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. 111Jithin fif#een ~~~}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 cf the full text of such adapted Ordinance. Agenda Item 8.d. Page 4 oRDiNAN~ No, PA ~ ~ ~n motion of o~n~i! ~lernber , seconded by ouncii lVlember and on the following roll oal! vote, to Sri#: AYES: NOES: ABSENT: the foregoing ordinance ova passed and adapted this day ~00~. Agenda Item 8.d. Page 5 ORDINANOE NO. PAO E 3 TONY FERRARA, MAYOR ATTEST: ~CELLY IETMORE, QTY CLERK APPROVED A TO OONTENT: TE11EN ADAM, DITY MANAGER APPROVED A TO FORM: TIMOTHY J. DARNEL, DITY ATTORNEY Agenda Item 8.d. Page 6 ~r 1~ E~F~~B1T aiifornia Public Employees' Retirement system between .the . Bo~.rd of Ac'i~~trt~.~r~ ~ifr,~~ Pali ~~yees' Ret~i~ee~t ~~te~ ax~c~ the i vux~ i . ~ t~ ~ f Arr~~ r~a~c~e The hoard of Adrninistratian, California Public ~rnployees' Retirement trnt Y hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having. entered into ~ contract effective July 1 a, ~ 4, and v~ritnesed June ~ ~ 9~, and as amended effective September 1 19fit May ~4, ~ 978, July 4, ~ 980, June ~4, ~ 988, February 2, ~ 999, ctob~r ~ ~x 1989, Sep#er~ber 8, X900, January 4, ~a0~, July , 2a04, December 1, 2994 and June a, ~aaG which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as falla~s: . c A. Paragraphs ~ through ~ 2 are hereby stricken from said contract as executed effective June 9, 09fi, and hereby replaced by the foliovuing paragraphs numbered 1 through 14 inclusive; 1, All ~rords and terms used herein vtirhich are defined in the Public Employees' Retirement Lava shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age for local miscellaneous rnernbers; age ~ for local ire members and age o for local police members. _ Agenda Item 8.d. Page 7 ` ~wr/ 1 "1.J MM ~ii ~ ~Fr ~ I ~d i I~~ ~ ~ F~..wt~ ~ ? . , , ~ Public Agency shall participate in the Public Employees' Retirement System from and after ~.luly 1 D, 1954 making its, employees as hereinafter provided, members of said System subject to all provisions of the Public ~rr~ployees' Retirement Law except such a apply only on election of a contracting agency end are not provided far 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. ~rnployees of Public Agency in the fallawing classes shall become rner~bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Laval Fire Fighters therein referred to as lace! safety members}; b. Lacs! Police officers therein referred to as local safety r~ernber}; c. Employees other than local safety members herein referred to as local miscellaneous members}. 4. in addition to the classes of employees excluded fror~ membership by said Retirement Lava, the following classes of employees shall not becar~e members of said Retirement System: a. EMPLOYEES OI~PENAT~D aN AN SOURLY ~Af; AND b. ELECTED OFFEiAL. . 5. The percentage of final compensation to be pravided far each year of credited prior and current service as a local rrricelJaneous member in empioyn~ent befare and not on or after the effective date of this amendment to contract shall be determined in accordance uvith Section 354 of said Retirement Law subject to the reduction pravided therein for Federal Social Security ~2~1o at age 55 ~Ilodi~ed and Full}. The percentage of final compensation to be pravided for each year of credited prior and current service as a local miscellaneous member in employr~ent on or after the effective date of this amendment to contract shall be determined in~ accordance with Section ~ 1354.4 of said Retirement Lau subject to the reduction pravided therein far Federal Social Security ~~.°lo,at age lUlodffied and Full}. Agenda Item 8.d. Page 8 5 M 1J/18 A i. ?h. {wW Kr' 7. The percentage of final compensation to be provided for each year of credited prior and current service a local police member shall be determined in accordance v~rith Section of said Retirement ~.av~ subject to the reduction provided therein for Federal Social Security ~°lo at age o Modred}. . The percentage of final corr~pensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance v~ith Section fi.1 of said Retirerr~ent Lam subject to the reduction provided therein for Federal Social Security ~°lo at age 5 Modified}~ Public Agency elected and elects to be subject to the fvlloing optional prov~~ons: a. Section ~~~~2.~ ~~ne~T~me 5°lo Increase ~ 9~0}, Leg~slatlon repealed said Sect'rvn effective January x,1980. b. Section credit for Unused Sick Leave}, c. Section ~102~4 Military Service credit as Public Service}. d. Section 2~ 0~ ~Miiitar Service credit for Retired Persons}. e. Section X0042 ~~ne-Year Final ~ornpenation~. f. Section 2~~48 Pre-Retirement option 2 Death Bene~t~ for local miscellaneous members. 'l Public Agency, in accordance pith government bode Section 2090, ceased to be an "employer" for purposes of Section 2084 effective on July ~ 4, 190. Accumulated contributions of Public Agency shall be fixed and determined as provided in overnrnent bode Section 20834, and accumulated contributions thereafter shall be held by the Board as provided i'n government bode Section X0834. ~ ~ , public Agency small contribute to said Retirement stem the contributions Y determined by actuarial valuations of prior and future service liability v~rith respect to local miscellaneous members and local safety members of said Retirement System. . Agenda Item 8.d. Page 9 i Public Agency shall also contribute to said Retirement System s follows: , A reasonable amount, as fixed by the ~aard, payable in one installment within 0 days of date of contract to cover the costs of administering said System a it affects the employees of Public Agency, not including the casts of special valuations ar of the periadic investigation and valuations required by law. b. A reasonable arr~ount, as fixed by the Board, payable in one installment as the occasions arise, to cover the casts of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required bylaw. Contributions required of Public Agency and its rnplayees shall be subject to adjustrr~ent by Board on account of amendments to the Public Employees' Retirement Laver, and on account of the experience under the Retirement System a determined by the periadic investigation and valuation required by said Retirement Law, ~ 4. Contributions required of Public Agency and its eployees 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 maybe prescribed - by hoard regulation. If more ar less than the correct amount of contributions i paid far any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments an account of errors in contributions required of any employee may be made by direct payments between the employee and the Doard. B, This amendment shall be effective an the ~ day of BARD F ADN1lNlSTRATI~N . ~ CITY COUNCIL PUBLIC EI~PL~YEE' RETIREMENT SYSTEM CITY ARR~YC GRANDE - . BY ~ ; ~Y i, LORI I~CAR~'[~~f`'CI~IEF PREIDIN ~FFIE~~'` EMPLYEF~~~RICES D1111SIN ~ ~~~4~~~~`. y ~ PUBLIC EIIPL~YEES' RETiREN1ENT SYSTEM ' - ~ ~ . vl~i~iss Date Attest: Clerk AMENDMENT ER X545 PERS~CON-l~~A ~Reu 1 ~1~5~ Agenda Item 8.d. Page 10 MINUTE PEC~AL MEETING OF THE CITY COUNCIL TUE~AY, FEBRUARY ~s, Laos COUNCIL CHAMBERS, 5 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL GALL: Mayor Ferrara called the meeting to order at 5:15 p.m. Council Member Jim Guthrie, Council Member Joe Costellor Council Mer~ber Ed Arnold, City Manager Steven Adams, and City Attorney Timothy Carmel ~vere presen#. Mayer Pro Tem Cluck 1=ello~us eras absent. 2. PUBLIC COi~I~ENT: None. 3. CITY COUNCIL GLGSED SESSION: a. CONFERENCE KITH LEGAL COUNSEL - E~iTINO LITIGATION pursuant to government Code Section 54855.9: Name of Case: Manfred Fruetel, Trustees, et al v. City of Arroyo Grande, et al San Luis Obispo Superior Courst Case No. CV980~45 b. CONFERENCE VI~ITH LABOR NEGOTIATOR pursuant to government Code Section 54857.5: Agency Negotiator: Steven Adams, City Manager Represented Employees: Arroyo Grande Police Officers' Association ~APOA} 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there gas no reportable action from the closed session. 5. ADJOURNMENT: The meeting vuas adjourned at 5:58 p.m. Toni Ferrara, Mayor ATTEBT: l~eil~ INetrrrore, City Clerk ~Appraved at GC ~Iltg } Agenda Item 8.e. Page 1 MINUTE REGULAR MEETING GF THE CITY COUNGILIREDEVELGPNfENT AGENCY TUESDAY, FEERUARY 2G, 208 G~tJNDIL DHAMBERS, 215 EAST BRANG~I STREET ARROYO GRANDE, CALIFORNIA 1. GALL TO oRDER MayorlChair Ferrara called the Regular City CauncilfRedevelapment Agency meeting to order at ~:a~ p.m. 2. RILL GALL City Council: CouncillBoard Members Ed Arnold, Jim Guthrie, Joe Costello, and MayarlChair Tony Ferrara were present. Mayor Pro Tem~Vice Chair Chuck Fellows was absent. City staff Present: City Manager Steven Adams, City Attorney Tim CarrrMel, Director of Administrative Services~City Clerk i'Celiy Uvetmore, Director of Financial Services Angela Kraetch, Director of Public Vl~orks Dan Spagnala, Director of Community Development Rab Strang, Director of Building and Fire Mike Hubert, and Director of Parks, Recreation and Facilities Doug Perrin. . FLAG SALUTE Members of American Legion Post No. '13fi led the Flag Salute. 4. INVOGATI~N Pastor Robert Underwood, First United Methodist Church, delivered the invocation, 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring Recognising February 2~, 208 a "Spay Day USA". Mayor Ferrara presented an Honorary Pracfamatian recognizing February 25, ~~~8 a Spay Day USA. Darryl Sisk accepted the Proclamation on behalf of the Feline Network. .b. Honorary Proclamation Declaring Recognizing February ~QOB as "MDA Firefighter Appreciation Month". Mayor Ferrara presented an Honorary Proclamation recognizing February 2gD8 as MDA Firefighter Appreciation Month. Donald Schultz, representing the MDA, and Patrick lrey, representing the Arroyo Grande Fire Department accepted the Proclamation. . ~.c. Honorary Proclamation Recognizing Ella Honeycutt for Her Years of Service to the Goatai San Luis Resource Conservation District, Mayor Ferrara presented an Honorary Proclarr~ation recognizing Ella Honeycutt for her years of service to the Coastal San Luis Resource Conservation District. Ms. Honeycutt accepted the Proclamation. Neil Havlik, CLRD President, commended 1111s. Honeycutt on her institutional knowledge of the arganizatian, thanked her far her service, and recognized her husband, Stan Honeycutt for his knavuledge and support. Agenda Item 8.e. Page 2 l~inufes: City ~our~~lflRedeveloP~rerr~ Agency Nlee~ing Page ~ Tuesday, February ~G, ~~~8 8. AGENDA RE11lE1N G.a. ordinances Read in Title ~nl~. Council Member Costello moved, Councia Member Guthrie seconded, and the motion passed unanimously that all ordinances moved fcr introduction ar adoption at the meeting shall be reed in title only end ell further reading be waived. ITI~EN' INPUT, ~~MI~ENT, AND UCETION Tim Brown, Allen tree#, expressed appreciation to Ella Honeycutt for her dedication to the preservation of natural resources in the community and thank her far ail her work on the Coastal fan Luis Resource Conservation District Board. Dou Tait, Asila, also thanked Ella Honeycutt for her hard work and far being an advocate far open space and can~ervation. 8. CONSENT AEIVDA Mayor Ferrara invited members of the public who wished to comment an any Consent Agenda Item to do so at this time, No public comments were received. Ac#~on: Council Member Cos#ello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the recommended courses of action. The motion passed on the fallowing roll-call vote: AYES; Costello, Arnold, Guthrie, Ferrara NOES: None ABSENT: Fellows 8.a. Cash Disbursement Ratification. Ac~, tin: Ratified the listing of cash disbursements for the period February ~ , ~aa8 through February ~gDB. 8.b. consideration of statement of Investment Deposits. Ac,~: Received and filed the report of current investment depasi#s as of January ~ , X008. 8.c. Donideration of Approval of I~linute~. Ac~tio~n: Approved the minutes of the Bpecial City Council Meeting and the Regular City Council h~leeting of January 2~, 2408, a submitted. 8.d. Donsi~eration of Appointment of pity Council Crisco RoadlHalcyon Road-Route ~ Interchange Project uhcommittee. Action: ~ }Approved formation of a City Council subcommittee tv coordinate with staff and repack back to City Council regarding efforts related to the Brisco Road~Halcyan Road - Route ~4~ Interchange Improvement Project; and 2} Appointed Mayor Ferrara and Council Member Arnold to the subcommittee. 8.e. consideration of a settlement Agreement with Insurance Company of the 1~llest in the amount of ~,40.0o for Donstruction Defects to well No. 1D, Phase 1 Project, PVII 244-07. Ac=: Authorised the Mayor to sign an agreement Frith Insurance Company of the Vllest in the amount of 87,4~~.4g for construction defects to the vUell Igo. ~ 0, Phase I Project, Plly 244407. Agenda Item 8.e. Page 3 ~inr~tes: ~fy our~ci~lRedevelop~nenf Agency flee#ing Page 3 Tuesday, February 208 8.f. Consideration of a Consultant Services Agreement with Boyle Engineering Corporation for the Design of the Fair yaks Avenue Sewer Upgrade Project, PV~f ~4a7- Action:1 }Approved an Agreement with the Boyle Engineering Corporation in the amount of 37,74fi far the Fair Oaks Avenue Surer Upgrade Project, PvU 2007-0~; and Authorjzed the Mayor to execute the Agreement. 8.g. Consideration of a Program of Projects for the City of Arroyo Grande's FY X007-D8 Share of Proposition ~ B Funds. Action: 1} Approved a program of projects for the City of Arroyo Grande's FY 20~7,~8 share of Proposition 1B funds; and 2} Directed 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 far the Part dime Office Assistant II Position. Ac=: Adapted Resolution Na. 4D?3 a folkov~rs: "A #~~~L~1Tl~~I ~F SHE QTY 0~1~C~~ T~ CITY ~F ARROYO ORANGE ~T?4BLlFII~ A JAB ~,ECI41PT1O1~ ANO SALARY RA~fOE FOR THE PART Tl1~E OFFICE Af~TA1VT J! POSE TlON". 8.i. Consideration of a Resolution Approving Application for Land and Vl~ater Conservation grant Funds for the Meadow Creek Path Connection Project. Act: Adapted Resolution No. 404 as follows: "A REOL[JT1O1V OF THE C1TY CO ClI~C~L T~~ Cf TY OF ARROYO GRANDE A PPR01111V F!Ll~f 0 OF A lV APPLICA T~O~ FOR LA's AND ~IVATE'R CO~VER~IA T~OIV GRANT FUNS] FOR Thf~ ~lEADOIN DREEfC PA TN CONFECTION 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. Action: Approved an Agreement with Tierra West Advisors far preparation of an Affordable Hauling In-Lieu Fee Nexus Study in an amount not to exceed $~~,5ga, 8.k. Consideration to Approve Construction Plans and Specifications for the James 1Nay Rehabilitation Project, Pw Act: ~ ~ Approved the construction plans and specifications for the James Vlfay Rehabilitation Project, PvU ~~07-Ofi; Found that the James vVay Rehabilitation Project is categorically exempt from CEQA pursuant to section 15301 ~o}; and 3} Directed the City Clerk to file a Native of Exemption. 9. PUBLIC HEARING None. ~ 0. CONTINUED BUINES fTEI~S ~ O.a. Consideration of City Policy and Regulations Regarding Placement of Basketball Hoops in the Public Right of 1Nay. Council Member Arnold stated that he had spoken with the homeowner who brought this issue to his attention, and after extensive discussions with the City Attorney, he stated there were still many unclear issues to be evaluated regarding placement of basketball hoops in the public right-of-~rvay. He recommended the Council continue the item to a date uncertain. Agenda Item 8.e. Page 4 N~tr~utes: ~~fy ounci~IRedeweloprr~ent Agency Nleefin Page 4 Tuesa~ay, February ~6, 208 Act: Council Merr~ber Arnold moved to delay consideration of pity policy and regukations regarding placement of basketball hoops in the public right of way to a date uncertain, with the understanding that the City's current policy will remain in place. council Member o~tello seconded, and the motion passed on the following roll call vote: AYES: Arnold, o#ello, Guthrie, Ferrara 1V~ES: None ABSENT: Fellow ~ ~ . NEW BUSINE ITEMS 1~.a. consideration of Final Year Z~o~-o8 I~lid-Year Budget Report. [~~~JNCIL~RDA~ Financial Services Director Kraetsch presented the staff report and recommended the council: 1~ Approve detailed budget adjutment listed in the Mid-Year budget report; Approve Schedules A and and } Approve Deny} requests far additional appropriations in the general Fund. Director Kraetch responded to quetion from ouncilfBoard Member Guthrie concerning property tax revenues. Mayor hair Ferrara invited comments from those in the audience who wished #o be heard on the matter, and upon hearing no public comment, he closed the public comment period. CouncillBoard Nlernber comrrwents included acknowkedgement that the budget is tight; concern about future revenue; acknowledgement of taff'~ team effort in managing budget expenditure; and support far the Mid-Year Budget Report. Act: ouncil~Board Member Costello moved to approve detailed budget adju~tment~ listed in the Mid-Year budget report; approve Schedules A and B; and approve requests for additional appropriatian~ in the general Fund. ouncil~Board Member Guthrie seconded, and the notion passed on the following roll-calk vote. AYES: Costello, Guthrie, Arnold, Ferrara NDEa: None ABSENT: Fellows ~~.b, onideration of Il~odification to California Pu~lio Employee' Retirement System ~PER~ ontraot forthe Local ~licelianeou I~en~~ers and Local Police Members. Finance Director Kraetsch presented the staff report and recommended the Council: ~ }Approve and au#horize the Mayor to sign on behalf of the pity a Resol~,tion of intention to amend the contract with the California Public Er~playee' Retirement System for Local ~Iliscellaneous Members and Local Police Members; and 2} Introduce an ordinance amending the contract with the akifornia Public Employees' Retirement System for Local I~Iliscellaneous Members and Local Police Members. Mayor Ferrara invited comments from those in the audience who wished to be heard vn the matterr and upon hearing no public comments, he closed the public comment period. Agenda Item 8.e. Page 5 Minutes: C~#y Goun~illRedevefvpmerr# Agency Meeting Page 5 Tuesday, February Zfi, ~~~8 Ac=: council Member uthri~ moved to approve and authorize the Mayor to inn on behalf of the City a Resolution of Intention to ar~end the contract with the California Public Employees' Retirement System for Laval Miscellaneous Members and Local Police Members. Council Member Costello seconded, and the motion passed on the following roll-cal! vote: AYEa: Guthrie, Costello, Arnold, Ferrara IVES: None ABSENT: Fellows Action' Council Member Guthrie moved to introduce an ordinance as follows: "AIV ~RDl1~A~fC~ ~F Tl~~ QTY ~LI1VlL ~F ~H~ ~f TY ~F A#~ROY~ R?4NDE AM~NDI~VC T~#~ ~~VTRA T VVIT~I THE ~A~L~F~I~~A P[lBLf ~ ~NlPL~Y~~' 14~TlF~~M~~VT ~YTfM FAR L~~IL M~~~~~4E~~l M~MB~R A1~D LOCAL P~L1E N1~1111B~h Council Member Costello seconded, and the motion passed an the fallowing roll-call vote: AYES: Guthrie, Costello, Arnold, Ferrara NHS: None ABSENT: Fellows 1 ~ .c. Consideration of Joint Fire services Agreement vuith the pity of drover Beach and ~ceano Community Services District. City Manager Adams presented the staff report and recommended the Council approve the proposed Agreement for Joint Fire Management, Administrative, and Training Services and Equipment Sharing between the City of Arroyo Grande, City of Graver Beach and ~ceana Community Services District. Chief Hubert briefly explained how the personnel and financial administrative functions would be allocated among the agencies As a member of the Fire Gversight Committee, Council Member Costello commented on haw pleased he was at the level of professionalism and cooperation that has been seen between the two cities up to this point; there is a higher level of training; response times and efficiencies are improving; and the level of preparedness in general is higher. He stated this is a wonderful opportunity to include the ~cesno Community Services District fire safety personnel as they have been partners in training far the past severs! years. Mayan Ferrara invited comments from those in the audience who wished to be heard on the matter. Jiro Hill, representing BCD Board of Directors, spoke in support of the proposed Joint Fire Services Agreement and acknowledged the people who have worked hard toward this effort. Upon hearing no further public comments, Mayor Ferrara closed the public carnrnent period. Council comments included support for the Agreement and far further expanding the consolidation efforts by including OCSD in the Agreement. Agenda Item 8.e. Page 6 Nlinu~e: i#y ourrciUl4edeveroprnen~ Agency N)eeting Page 6 Tuesday, February 2fii ZpDB Ac~; Council Member Arnold moved to approve the proposed Agreement far Joint Fire Management, Administrative, and Training services and Equipment Bharing between the City of Arroyo Grande, City of drover Beach and ~ceana Community Services District, Council Member Arnold seconded, and the motion passed an the following roll-call vote: AYES: Arnold, Guthrie, Costello, Ferrara NoEB: None ABSENT: Fellav~rs 12. CITY COUNCIL REPORT a. MAYOR TONY FERRARA: } fan Luis Obispo Council of Oovernmentslan Luis ol~ispo Regional Transit Authority {LOCOC~SL~RTA~. Nothing new to report from LQCQ~; referred to the establishment of the BriscolHalcyonl~a1 Interchange Project subcommittee that was approved tonight and noted that the ubcommlttee would have its first meeting soon. LORTA's next meeting is March ~t~; will continue to address bus maintenance and route service issues. youth Ban Luis Obispo County sanitation District {SBLOCSD~. Plant is operating fine. {3~ other. None. MAYoR PRO TEM CHLfC~ FELL~IN: {ABSENT } youth County Mouth Coalition. None. {2} CountyV~fater Resources Advisory Committee ~1NRAC}. Nave. {3} other. None. c. COUNCIL MEMBER JOE COSTELLD: ~ Zone 3 ~Ilater Advisory Board. No report. {2} Air Pollu#ion Control District {APCD~. No report. {3} Fire oversight Committee. Referred to Joint Fire Services Agreement that was approved earlier in the meeting, {4} Fire Consolidation oversight ComrrEittee. No report. other. None. d' COUNCIL MEMBER J1M UTHRIE: Bouth County Area Transit {SCAT}. Na report. California Joint Pov~rers Insurance Authority ~CJPIA~. Na report. {3~ other. None. e. COUNCIL MEMBER ED ARNOLD: Integrated Vl~aste Management Authority Board {IVVMA~. No report. Next meeting is in two weeks. Economic ~litality Corporation {EVC. Attended EVC seminar entitled "Disaster Preparedness far Businesses"; a video will be available through the EVC vuebsite, www.sloevc.org in about a month. Other. Mane. Agenda Item 8.e. Page 7 Minutes: ~l~y Councllll4edeve~opmenf Agerr~y Mee#~ng Page ~ Tue~~fay, February ~6, ~~08 CITY ~oUNIL MEMBER ITEM: a. Request to reconsider trey species proposed in the E. Branch Streetscape Project and to solicit additional Village business o~rner input and participation. N~ayor Ferrara requested, and the Council concurred, to reconsider the tree species proposed in the E. Branch treetscape Plan in order to solicit additional public input concerning the types of trees that are appropriate for the Village. 14. CITY MAMA ER ITEM: None. ~ 5. COUNCIL ~~MMUNIATI~NB: Council Member Arnold reported that the Destination Imagination {QI} competition took place last Sunday at the Ciar~C Center and ten teams from Ocean View Elementary will be attending the State competition. He thanked all the volunteers involved with the DI program, including Maggie hummers. Mayor Ferrara gave a brief report on the Joint Meeting recently held by the Cities of Grover Beach, Arroyo Grande, Pismo Beach, and ~ceano Community Services District regarding the homeless issue and a potential strategy for addressing the issue in South County. He stated the County had established a Leadership Committee and ~ 0-Year Plan and the Council Member Fellows had expressed an interest in serving on the Committee. Council Member Guthrie stated he may be interested in serving an the Committee also. ~Jpan brief discussion, staff was directed to place an item on a future agenda for the appointment of two Council Members to the County's Leaders#~ip Committee. ~ G. STAFF C~II~IMUNICATI~N: None. oMMUNITY CQMMENT AND l.ICETIDN: None. 18. AD,1~~lRNMENT MayorlChair Ferrara adjourned the meeting at 8:15 p.m. Tony Ferrara, I~ayorlChaEr ATTEST: Melly Wetmore, City clerk {Approved at CC Nltg ~ Agenda Item 8.e. Page 8 MINUTES REGULAR I~EETIN~ ~F THE CITY COUNCILIREDEVELOPMENT AGENCY TUESDAY, MARCH ~ 2108 COUI~ICIL CHAMBERS, EAST BLANCH STREET ARROYO GRANDE, CALIFORNIA CALL TO ORDER Mayor Pro Tem~Vice Chair Fella~vs called the Regular City CouncillRedevelopmentRgency meeting to order at 7.~1 p.m~ 2. RILL CALL City CouncillRDA: Councii~Board Members Ed Arnold, Jae Castello, and Mayor Pro Tern~Vice Chair Chuck Fellows ~rere present, ayorlChair Tany Ferrara and Council~Baard Mernber Jim Guthrie u~ere absent. City Staff Present: City Manager Steven Adams, City Attorney Tim Cannel, Director of Administrative erviceslCity Clerk Kelly Wetmore, Director of Financial services Angela Kraetsch, Director of Public I~Ilarks Don Spagnola, Director of Parks, Recreation and Facilities Daug Perrin, and Associate Planner ,dim Bergman. 3. FLAG SALUTE Charles Ho~rell and Aimee Clayton, representing the Veterans of Foreign 1lvars, led the Flag Salute. 4, INIIOCATI~N Pastor Randy Ouimette, St. John's Lutheran Church, delivered the invocation. PECIAL PRESENTATIONS ~.a. Honorary Proclamation Recognising the California Children's outdoor Bill of Rights. Mayor Pro Tem Fello~rs presented an Honorary Proclamation recognizing the California Children's Outdoor Bill of Rights and encouraged children's participation in outdoor activities throughout the year. Director of Parks, Recreation and Facilities Perrin accepted the Proclamation and provided an avervie~v of the City's available parks and recreation activities. fi. A~ E N CA R Elll El~lf G.a. Ordinances Read in Title Only. CouncillBoard Member Costello moved, Council~Board Member Arnold seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all furkher reading be u~aived. 7. CITIZENS' INPUT, COMMENTS, AND SUOESTIONS None. 8. CONSENT AGENDA Mayor Pra Tern Fellov~rs invited members of the public ~rha ~rished to comment on any Consent Agenda Item to da so at this time, There vuere na public comments received. Action: Council Member Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.j., v~rith the recommended courses of action. The motion passed an the folla~ving ro11-call vote: Agenda Item 8.e. Page 9 ~ir~~tes: icy o~nciURedevelo~ment Agency N1ee#irr~ Page ~ Tuesday, A~arch 7 208 AYES; Costello, Arnold, Fellows NOES: None ABSENT: Guthrie, Ferrara 8.a. Cash Disbursement Ratification. Ac~ ti0n: Ratified the citing of cash disbur~ement~ far the period February ~ ~0~8 through February 2, 2008. 8.b. Consideration of Approval of Minutes. Ac=: Approved the minutes of the peaial pity Council Moeting of February ~ 2008 and the Regular City CouncillRedevelopment Agency Meeting of February 1 20D8, submitted. 8.c. Authorization to Reject Claim Filed Against pity - claimant: P. Mcl~ibben. Action: Rejected the claim and authorized the City Clerk to send a standard rejection letter to the claimant a recommended by the City's Claims Administrator, Carl vl~arren & Car~pany. 8.d. Consideration of City Council Appoin#ments to the Leadership Council for the San Luis Obispo Countywide ~0-Year Plan to End Chronic Homelessness. Ao=: Appointed Mayor Pro Tem Fellovus and Council Member Guthrie to the Leadership Council for the San Luis Obispo Countywide ~ 0-Year Plan to End Chronic Hornelesness. S,e. Consideration of Extension urrith ACiP Video for Cablecasting of City Council and Planning Commission Meetings and Funding for Monthly Public Education Programs. Act: ~ }Approved an Agreement with AGP Video for cablecasting of City Council and Planning Commission meetings; Appropriated $1,000 from the Public Education and Government PEG} Access Fund far development of a monthly City public education program; and 3} Appropriated $3,000 from the PEG Access Fund for consultant services as necessary to address system technical problems. 8.f. Consideration of 3-Month Extension of Transient Occupancy Tax Revenue Sharing Agreement for the Hampton Inn & Suites Hotel Project. Act; Approved and authorized the Mayar to execute a 3-month extension of the Transient Occupancy Tax TOT} agreement with Arroyo Hotel, LLC for the Harnpton inn & Suites hotel project. 8.g. Consideration of Authorization to Use City Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival on May 24 and ~5, X008 and the Annual Strawberry Stampedes Temporary Use Perrr~it No. 08-001. Act. Adopted Resolution No. 4Q76 as follows. "A R~OLUTION OF T~#~ CITY OO#JNCIL OF Tf~~ CITY OF ARROYO CRAIVD~ AUTf~OR1ZIN THE C1~ OF CITY PROPERTY AND ~LOCIRF OF CITY TRFRT FOR TIDE ANIVLfAL ARROYO ORAND~ TRA INB~RI4Y FESTIVAL OIV I~lA Y ~4 AND 2~, 2~~8 AIVD ~N~ ANN~IAL TRA INB~RRY TAI~P~D~ ON N!A Y ~5~ ~~~5„ 8.h. Consideration of a Consultant Services Agreement v~rith the Vllllace Croup for the Design of the Pressure Zone Connection Project, Pw X008-0. Action: ~ }Approved an Agreement with the vllallace Group in the amount of $fi, ~ 0 to design the Pressure bane Connection Project, PU1~ 208-03; and Authorized the Mayor to execute the Agreement. Agenda Item 8.e. Page 10 Nl~nu~e~: r'ty ~our~cillJ4edevelap~ner~t Agency N~ee~r'ng Page 3 Tuesday, I~arcJa ~ 2~Q8 8.i. Consideration of Acceptance of Improvementa for the PCE Park Ride Lot at 1Neat Branch street and Dld Ranch Read, Project PIS ~a0~~11 . Act: ~ }Accepted the earthwork improvements as constructed by Burke Corporation; 2} Accepted the electrical improvements as constructed by Lee 1lviison Electric Company, Inc.; } Directed staff to file a Notice of Completion; and 4} Authorized release of the retention for both contractors, thirt}r-five days after the Notice of Completion has been recorded, if no liens have been filed. 8.j. Consideration of Acceptance of the I~asonfNelson AUA Ramp Replacement Project, Pvl~ ~Q47-Q1 Action: ~ } Accepted the project improvements as constructed by California Coastal Development, Inc. in accordance with the plans and specifications far the Masan~Nelsan ADA Ramp Replacement Project; Directed staff to file a Notice of Completion; and 3} Authorised release of the retention, thirky-five fib} days after the Notice of Completion has been recorded, if no liens have been filed. g. PUBLIC HEARING None. 10. C~NTiNUED BUINE iTEl~S None, 11. NEVV BUINE ITEll~ls 11.a. Consideration of Entry Sign Replacement an East brand Avenue and Traffic 1Nay in Cooperation with Arroyo Grande in Bla~m. [CC~RDA] Associate Planner Berman presented the staff report and recommended the CouncillRDA Board of Directors: 1 ~ Authorize the replacement of two existing entry signs an East brand Avenue and Traffic vllay; Approve a contract with Tom Reding at a cost not to exceed the amount of ,OOa to produce the entry signs; and }Appropriate 3,OQ~ from the Redevelopment Fund for this project. Discussion ensued concerning whether there was enough room in the design of the proposed entry signs for posting al! the service club signs; clarification that the two entry signs would be the same design in bath locations; the use of a better quality stone or faux stone in the new entry signs; and the donation of the existing signs to the South Caunt~r Historical Society. Mayor Pro Tem Fellows invited comments from those in the audience who wished to be heard an the matter, and upon hearing na public comments, he closed the public cornrnent period. Ac~ tior~: ouncillBoard Member Castello moved to: 1}Authorize the replacement of t~vo existing entry signs an East Crand Avenue and Traffic 1JVay; 2} Approve a contract with Tom Reding at a cast not to exceed the amount of ~,0~0 to produce the signs; and } Appropriate 3,OOg from the Redevelopment Fund far this prajec#. CauncillBaard Member Arnold seconded, and the motion passed on the following tall-call vote: AYES: Costello, Arnold, Fellows NEB: None ABSENT: Cuthr~e, Ferrara Agenda Item 8.e. Page 11 N1~nu#es: Cr'~y ~~~rnc~llRedevefopr~en~ ~4gerrcy ~leefing Page 4 Tuesafay~ 1~arch ~ 208 ~2. CITY C~Uf~CIL IUI~I~II~~R IT~I~I None. 1 . CITY MANA~R IT~I~I None. 1~. COUNCIL CDI~MUNICATI~N None. 1 STAFF C~MMUNICATI~N Nine. ~ C~I~I~UNITY CDI~M~NT ANQ ~lFTI~N None. 1l. ADJ~URNM~IVT N~ayor Pro TemlVice Chair Fe~lov~r a~~aurned the meeting at 7:24 p~m, Chuck Fellov~ra, Mayor Pro Temfllloe Chair ATT~T; I~eI~ylNetr~ore~ CityClerklAgenoy eoretary Approved t CC Mtg ~ Agenda Item 8.e. Page 12 ~ ~ iNCORP4RA~ED ~ MEMO~i c~ ~ JI~LY l0, i~ ~ 1 ~ #fQ~ To: CITY o~~V1L FROM: ~oN SPANOLO, ~IRETOR oF' PE~BLI VVo~K I QTY ENII~EER BY. EVAN LARoN, AISTANT ENGINEER SUBJECT; oNI~ERATION OF AN AVIfARD of ~oNT?T FoR oNTRUTION of THE EAST BRANCH E'~VER LINEN PROJECT, PIN ~~OS~41 DATE: 1ARH 20D~ REoMI~ENBATION: It i recommended the pity council: A, award ~ const~,ction contract for the East Branch Street Sewer Lining Project to Southwest Pipeline Trenchless, corp. in the amount of 84,9G for the base bid and ~4,g~ 9 for Bid Schedule A far a total contract amount of ~ og,Sb, and authorize the pity Manager to approve change orders not to exceed the 8.5°l0 contingency of ~ ~ 4.OO for unanticipated costs during the construction phase of the project total construction costs = 84,93fi.oo + $4,919.00 + ~ o, ~ 4.00 ~ ~o,ooo.oo}. FINANCIAL II~PAT: The total estimated cost of the project is ~~D,ooO.oo, v~rhich includes design, construction and testing. The FY ~oo~I~o08 capital Improvement Progrr~ includes ~ ~o,ooo.oo for the total cost of the project, wf~ich is funded from the Sewer l*und. BAKROUND: ~n February Z8, ~oo~, three bids were received for the Bast Branch Street Sever Lining Project. The lowest responsive bid, from Southwest Pipeline Trenchless, corp., was in the amount of 4,.9o to install lining in seven sewer lines on the norkh side of East Branch street, between ~ 4 vVest Branch ~Ilillage ~raming~ and the Tally l-lo reek bridge. The project also included two alternative bid schedules. Bid Schedule A is for work between ~ Bast Branch Salon 1 } and Mason Street. Bid Schedule B i for lining between Bridge Street and tl~e 12 East Branch ~Ilillage Antique Mart}. The base bid and associated schedules are listed in order of relative priority, based on video inspections and staff recommendation, Project funding provides for the award of the base bid and bid schedule A. Agenda Item 8.f. Page 1 CITY COUNCIL CoNSI~ERATION of AN AI~VARD of CONTRACT FoR CoNaTRUCTION of THE EAST BI~ANH SEVER LINING PROJECT, PVV ~~08-01 ~IARC~f 25~ ~oDB PACE-~~ The contract time for this project is specified at ~ calendar days. UVvrk is expected to begin in mid April ~o~ and be cor~pleted by early flay ~og8. ANALYSIS of II,~E: fihe existing sewer line has deteriorated and in need of repair. Based on video inspection, the line is able to be repaired in place. A majority of the sewer dines v~rithin the work limits are below the existing sidewalk and in front of businesses. Conventional construction to excavate and replace the existing surer main i expensive and ~rould require closing the sidewalk and access to businesses. ALTERNATIVE: The following alternatives are provided for the Councils consideration. • Award a contract for the Base Bid and Bid Schedule A to Southwest Pipeline & ~'renchless, Corp. for the East Branch Bewer ~.ining Project; • Award the contract for the base bid, but exclude Bid Schedule A; • loo not award the contract; • Provide direction to staff ADVANTAGES: The proposed project provides for rehabilitating the sewer lines through manhole access. The uvork i scheduled to occur at night when most businesses are closed. Awarding Bid Schedule A will provide for rehabilitating the most surer line within the allocated funds. The sidewalk will not be destroyed and trenching gill not occur in front of businesses ever an extended period. Pedestrian access restrictions will b minimized. DISADVANTACE: fihe inclusion of Schedule A in the contract award will not provide the normal 14°l0 contingency desired, but ~.~°Ia. Based on prices from previous lining projects the contingency can be reduced below the traditional ~0°lo without effecting the project. 1'he two establishments v~rithin the nark zone open after 10;0 PM may close earlier than normal during construction directly in front of their business. Staff has coordinated with the establishments to minimize ir~pact. Bid Schedule B gill not be incorporated into the work and repairs will be made at a future date. ENIIIRONl~ENTAL REVIEW: The project is categorically exempt from CEC~A pursuant to Section 150 ~b}. Agenda Item 8.f. Page 2 CITY oUlVll ONIDERATION of AN AWARD of oNT~AT FoR ohIaTRUT~oN GF THE EAST BRANCH SEINER LINING PRoJET, PIN ~~45-~~ NiARDH ~a, PAGE - PUBL.I NoTiFIDATION AND oMI~ENT: The agenda u~as posted on Thursday, Larch 20, 008 The agenda and staff reports ~rere also posted on the pity's v~rehite on Friday, March 2 ~ , 200. No public eor~mer~ts ~rere received a of the tine of preparation of this report, , Attachr~ent: Bid opening Log sheet Agenda Item 8.f. Page 3 ~ INCDAPQA~~~~ ~ ~ ~o, ~et~ ~P~iV~N ~~C~~~T t~~~ CI7~ ~F A~~YO ~AND~ OP~~1N Fe~ru~ry~8, DDB; ;0~ p.rr~. Wrench greet e~rer Lining P~o~e~t B~D~~R' NA[II~~, CITY TOTAL BAD a~~~on ~ngineeri~g, Inc. ~~~,8~7.~0 Huntint~r~ Beacht A J.~. P~~ifc l.in~r, Ir~~. ~ ~~~,~~4~~0 1lacaville, CA outhref Pi~eli~e and Tren~hle ~,~~~.~D ~~dena, CA I~eily'~~e~ are ~iretar a~Ad~ni~trat~ve ervi~e~CEty Cleo Direc~ar of Pu~~ic 1l~ork City ana~~r Agenda Item 8.f. Page 4 ~ ~'~~~r~ ~ IN~D~PQgA"f~D ~ ~ JULY 10, 1911 ~ MEMORANDUM ~~~o~~ TO: CITY COI~NCIL FROM: DUO PERRIN, DIRECTOR OF PARK, RECREATION AND FACILITIES ~ ~Y: LEA EVAN, PROJECT MANAGER SUBJECT: CONSIDERATION ~F ACCEPTANCE ~F THE ELM STREET PAR~C RETR~OM ADA UPGRADE PROJECT, PVV ~D~~-~2 DATE: MARCH RE~1~NfENDATION: It i recommended the City Council: 1. accept the project improvements as constructed by California coastal Development in accordance with the plans and specifications far the Elm street Park Restroom ADA Upgrade Project; direct staff to file a Notice of or~pletion; and authorize release of the retention as allowed per the Public Contract bode and after the Notice of Completion has been recorded, if no liens have been filed. FINANCIAL IMPACT: The project budget i $82,58.58 ~tatal construction casts ~ X75,089.89 base bid + 7,08.99 contingency = 8~,598.88~. The final adjusted project cast is 8~,49~.~4, ar ~9fi.74 under budget. BACKGROUND: On December ~ 1 # X007 Council warded a construction contract far the Elm street Park Restroom ADA Upgrade Project to California Coastal Development far X78,089.89. The project work included removal of the concrete ~atwork surrounding the retraams and replacing it with ADA compliant ramps and walkways, replacement or adjustment of retroom fixtures to rake them ADA accessible, installation of new door hardware, re~ striping of handicap parking spaces and installation of a newdrinking fountain. ANALYSIS OF ISSUES: work has been completed according to the contract docur~ents. There are no outstanding issues to address. Agenda Item 8.g. Page 1 CITY DOUNIL ~NIDERATI~N TO ADCEPT THE ELI STREET PARK RETIO~N! ADA UPGRADE PR~JEDT, P~111 ~~07-~2 MARDH PAGE ~ ALTERNATIVE: The following alternatives are provided for the Council's consideration; - Approve staffs recommendations; - Do not accept the project; - Accept the project, but do not authorize release of retention; ar Provide direction to staff. ADVANTAGE: By accepting the improvements, the City will provide a new ADA accessible retroom facilit~r for residents and group activi#y. Accepting the improvements will also allow staff to close the project out and redesignate the remaining funds to other project needs. DIADIIANTAGE: The disadvantage of accepting the improvements ~vould be if subsequent deficiencies in the work are identified, although 8,40 will be retained far 30 days to minirni~e this possibility. ENVIRONMENTAL REVIEVI~: The project has undergone review according to the National Environmental Polio Act and is a Categorically Excluded activity per 24 CSR ~BF~~a}, The project has also been reviewed according to the California Environmental duality Act and is Categorically Exempt per section 1~~g~ of the CEC~A Guidelines. PUBLIC N~TIFIATI~N AND DoMI~ENT: The Agenda describing this item was posted in front of City Hall on Wednesday, hllarch ~ 9, ~gg8. The Agenda and report were pasted on the City's website on Wednesday, March 1, ~D~S. No public comments were received, Attachment: ~ . Notice of Cor~pletion Agenda Item 8.g. Page 2 RECORDING RE~[7ESTED BY AND ~VI~EN RECORDED RETURN TO: ATTAHI~IENT 1 CITY CLERK CITY QF ARROYO GRANDE P,O. 550 ARROYO GRANDE, CA 93421 N~TI'E ~F ~PLETI[~N NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe. The FULL NAME of the OWNER is: ~'he C~~v o~~rroyo Grande 3. The FULL ADDRESS of the ~~VNER is: X14 fast Brach Street, ~4rroyo r~~cnde, C'r~Ii~orrtia 9342D - 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in ee 5. THE FULL NAIVIE and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS ar as TENANTS TN C~MM~N are: NAMES ADDRESSES None THE FULL NAVIES and FULL ADDRESSES of the PREDECESSOR'S in interest afthe undersigned if the property was transferred subsequent to the commencernent of the work of improvements herein referred to: NAMES ADDRESSES None 7. All work of improvement an the property hereinafter described was COIVIPLETED March 14, Z~08 S. The NAME OF THE ORICrINAL CONTRACTOR, if any, for such work of improvement is: Calaornia Coas~ad Devela~r~ent. 9. The street address of said property is: ~ZZ~ ~4sh Street (Ern ~'tree~ Park ke~itr~oo~n} 10. The property on which said work of improvement was corripleted is in the City of Arraya Grande, County of San Luis Obispo, State of California, and is described as fallav~rs: ~'~m Str~~~ Park Restraarn ,~D~4 U rode Pro'ec~ P~~007-~~ Verification DEVON-INDIVIDUAL owner; I, the undersigned, declare under penalty of perjury under the laws ofthe State of California that I am the Public V~orks Director ofthe aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. Doug Perrin, Director of Park, Recreation and Facilities March 25, 200, Arroyo Grande, California END OF DOCUMENT Agenda Item 8.g. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.g. Page 4 ~~n~~~ ~ INCOf~P'QgAtE~ ~ ~ MEMORANDUM ~ ~ To; CITY oUNC~LIREDE11ELOPMENT AGENCY ~oARD of D~RETOR FROM: TE11EN ADAM, CITY MANACERIE~ECUTIIIE DIRECTOR I~BJECT: CoNIDERATION of E~CLUIIIE NEoTIATION AGREEMENT V111TH DESTINY INTERNATIONAL VENTURE FoR HOTEL DEVELOPMENT AT THE VACANT PARCEL o1NNED B~ THE REDE11ELOPI~ENT AGENCY AT FAEH STREET AND EL CAMINO REAL DATE: MARCH ~5, 2~OS RECOMMENDATION: It is recommended the pity CouncillRDA Board of Directors approve the proposed Exclusive Negotiation Agreement {ENA} ~uith youth Destiny International Ventures for purchase and development of a hotel at the vacant parcel oned ~y the Redevelopment Agency at Faeh street and EI Camino Real. FINANCIAL IMPACT: If approved, costs and revenues associated Frith the project ou1d be determined through the negotiation Frith the developer The original cost to the Redevelopment Agency for the parcel eras approximately BD,ooo. It ~rould be staff ~ intent to recover this funding. Ho~rever, some level of Redevelopment Agency financial assistance may be considered. GACKCR~UND; At the July ~r ~00~ meeting, the Redevelopment Agency acquired a vacant parcel at Faeh street and EI Camino Reel to facilitate development of a nixed-use project or hotel. A hotel project vas identified as the preferred use and the site eras previously identified in the City's hotellmotel attraction strategy. The properky uvas purchased in order to ensure development is cansisten# u~ith the pity's economic development prograrr~ given its optirr~al free~ray exposure. At the June ooh rr~eeting, the City Council approved an EIVA Frith youth Valley Developers, rho had proposed construction of a Marriott Fairfield Inn or comparable hotel Frith a rrrinirnurn of 8o units Hovuever, after several months, they terminated the agreement due to site constraints. In February X008, staff issued a Request for Proposal ~R1=P} to seek another developer for a hotel project on this site. Even though the deadline ryas extended three creeks, no propvsa~ ~rere received. Agenda Item 11.a. Page 1 CITY o~JN1L CoNIDERATION of ~LUIVE NECOTIATION ACREEMENT 1~ITH DESTINY INTERNAT~oNAL VENTURE FoR HOTEL DEIIELOPI~ENT AT THE VACANT PARCEL oVIINED BY THE REDEIIELOP~IENT ACENY AT FAEH STREET AND EL AII~INO REAL MARCH ~5, 200 PACE 2 ANALY'I of IaUE: Based on contacts made to parties that had expressed interest in the project, but had not submitted a proposal, the limited sire of the property was once again sited a the primary factor. one of the interested parties, Destiny lnternationa! Ventures, has proposed to address this by expanding the site through a joint venture with the neighboring property owner. They have made contact with the property owner, who has indicated a willingness to pursue negotiation of a proposal. This may also present an opportunity to the Redevelopment Agency to trade the property for other parcels within the Redevelopment Area currently owned by the same party. The proposed agreement consists primarily of terms identical to those set forth in the agreement approved by the City Council with Bouth Valley Developers, l_LC. However, the term has been modified from twelve months to six ~nonths~ Liven the delays that have been experienced, staff recommends the Agency require negotiations be expedited in order to ensure progress is achieved in a timely manner. if negotiations are not completed within six months, but it is determined that significant progress has been made, the agreement can be extended at that time. !n addition, a requirement for a deposit of funds to be used for potential environmental studies has been eliminated. Funding will instead be required from the developer at the time any environmental studies are determined to be necessary. Destiny International Ventures is one of the partners participating in the Hampton lnn Hotel project. They have been cooperative to work with and have experience in both hote# partnership projects and producing quality hotel projects. Concerns were expressed by the adjacent neighborhood when the prior ENA was considered and approved. As a result, staff has been pursuing design concepts thatwill minimize height and impacts to the adjacent properties. ALTERNATi11E; The following alternatives are provided forthe Council's and Agency's consideration: Approve recommended ENA with Destiny international 1enture; - Modifythe terms ofthe ENA as appropriate and approve the ENA; - !t is staff's understanding that two Council Members wil! be absent from the March ~ X00 meeting. Therefore, if there are concerns identified by any of the t Counci! Members present, it is recommended the item be postponed anti! the full City CouncillRDA Board is available to consider the ENA. - Do not approve the ENA; - Provide direction to staff. Agenda Item 11.a. Page 2 1TY ~UNIL oNIDERAT~~N ~F E~L~IIIE NECOT~AT~~N ACREEENT VI~ITH DET~NY INTERNAT~oNAL IIENT~JRE FoR HOTEL DEIIELOPI~ENT AT THE VADANT PARDEL oVIINED BY THE REDEVELOPMENT ACENDY AT FAEH STREET AND EL CA~IINO REAL MARCH X048 PACE ~ ADIIANTACES: Approval of the ENA will enable the City to move forward with project planning for a hotel on this property. A hotel project would be consistent with the Oity's Economic Development Element and hotel attraction strategy, would generate significant transient occupancy tax revenue to the pity, and would help support other tourist serving businesses and activities By pursuing expansion of the site, it will help facilitate redevelopment and improvement of the entire areaF It will enable design of a larger, more successful, and higher quality hotel, At the same time, it will enable the design to substantially reduce impacts to the adjacent neighborhood. If a property exchange can be negotiated, it may also enable the Redevelopment Agency to facilitate an additional redevelopment project, DIADVANTACE: Attempting to integrate the project with the adjacent parcel will increase the complexity of moving forward with a project. However, the goals of the City and Redevelopment Agency, as well s the concerns of the neighborhood, can best be addressed through this approach. ENV~RONI~ENTAL REVIEVI~: Appropriate environmental review will be prepared once a project proposal i negotiated PI.~ELIC NoTIFICATfoN AND C~I~MENTS: The Agenda was posted In fron# of City Hall on Thursday, lVlarch ~0, ~o~S and on the Oity's website on Friday, Larch 21, 2g0, No comments were received at the time the agentla was distributed. Residents directly adjacent to the property were personally contacted to explain the status of the project. Once proposed concepts are prepared, staff and the developer gill meet with the entire neighborhood in order to obtain feedback and address concerns prior to Oity ouncillRedevelopment Agnc~r Board of Directors consideration, Attachments: ~ . Exclusive Negotiation Agreement Agenda Item 11.a. Page 3 EXI~LIJIV~ ~~I~DTIATIDI~ ARENI~NT This exclusive Negatlat~on Agreement {"ENA"} is made and entered into, to be effective the ~ day of March 2~aS {"Effective Date"}, by and among the City of Arroyo Grande {"City"}, a Callfarn~a general law city, the Arroyo Grande Redevelopment Agency a public entity arganlzed under the laws of the State of Callfartna, and Destiny ~nternatianal Ventures, A Callfarnia Corporation, ar assignee {"Master Developer"}. {City, RDA, and the Master Developer are individually referred to as a "Part' and collectively as the "Parties" and City and RDA axe collectively referred to as the "Agencies"}. l'ITALS t A. RDA is a public body, corporate and palltlc, exercising governmental functions and powers and organised and existing under the Community Redevelopment Law of the State of California {I~ealth and Safety Code Section 3~~4 e~ seq.}. B. RDA is the owner of record of that certain real property consisting of appraxirrYately 3,590 square feet of land area located an the north side of Faeh Street west of El Carnina Real in the City of Arroyo Grande, County of San Luis Obispo, State of California, more particularly described in the legal description attached hereto as Exhibit {"Property"}. Dn June l a, l X97, the C1ty Council of the pity of Arroyo Grande adopted ordinance No, 4S7 C.S. approving and adapting the Redevelopment Plan far the Arroyo Grande Redevelopment Project {"Redevelopment Plan"}, which Redevelopment Plan delineates the Arroyo Grande Redevelopment Project Area ~`{Project Area"}. The Property 1s located within the boundaries of the "Project Area;" D. Agency desires to implement the Redevelopment Alan far the Project Area by considering the potential disposition of the Property to Developer for the passible development of a hotel, and to this end, Master Developer and Agency desire to further study and analyze the feasibility of the disposition of the Property to Master Developer for the potential development of a hotel on the Araperty. E. The Agencies and Master Developer desire to enter into this ENA, which provides for the Agencies' exclusive negotiation with the Master Developer for up to six months {the "Negotiation Pe~.od"} for the purpose of effecting the timely performance of all of the fallowing: {i} the 1Vlaster Developer's preparation, and the Agene~es' review {as applicable} Of ~ Prelln~lnary S1te Plan far the PtaJeCt; and {11} the negat~atlan and preparation of a disposition and development agreement that provides far, among other things {a} the Agencies' potential conveyance to the Master Developer of the Property; {b} Master Developer's preparation and processing of all land use entitlements required for the develap~nent of the Pra j ect; ar~d ~c} the submittal to the Agencies by N~aster i~~~oza~oo-oa~a s~~s~s.oz ~~~r~ofos -f Agenda Item 11.a. Page 4 Developer of evidence of Master Developer's financial ability to develop and operate the Pia j ect ~co~lectively, the "DDA"}; and viii} the Ageneie~' preparation and circulation of all requisite environmental doearnents the "nvirat~mental Dacurnent"} to evaluate the potential enviror~nental impacts afthe proposed Project and any related necessary actions required of the Agencies, in accordance with the requirements of the ~aliforr~ia Environmental uallty Act ~allfornta Public Resources bode ~ 21 a0a et seq. F. The Master Developer is willing to pay for the Agencies' actual, out of packet consultant fees and costs incurred in preparing the Environmental Documents the "Approved Environmental Review hosts"}. AREIViENT ND'V~ THEREFORE, in consideration of the Recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: 1, Definitions. 1.1 Additional Deposit The term "Additional Deposit" shall n~~an an additional deposit amount that the Agencies may request the 1Vlaster Developer to provide if the Agencies incur or will incur additional Approved Environmental Review hosts after depleting the full amount of the Deposit, as further discussed in Section ~ hereof. 1,~ Amy, The term "Agency" shall mean the Arroyo Grande Redevelopment Agency, a public entity organized under the laws of the Sts#e of allfornla. At Mmes, Agency shall also be referred to as "RDA" in this ~A. ~ ~3 A roved Environmental Review hosts, The term "Approved Environmental Review fasts" shall mean the actual, out-af=pocket consultant fees and costs the Agencies incur in preparing the Environmental Dacurr~entsf 1,4 The term "its' sha11 mean the pity of Arroyo Grande, a California general law ityr 1.5 Default. The term "Default" shall rr~en a failure ar delay by any Party to erfor an term ar rovision of this ENA if, sub'ect to section ll, a#~er receiving P Y p J written notice of such failure nr delay, the responsible Party fails to commence to cure correct, ar remedy such failure ar delay within thirty ~a} days thereafter and diligenty pursue such cure, correction ar remedy to completion. l.b D~ eposit. The term "Deposit" shall mean that certain deposit Master Developer is required to provide to the Agencies, as further described in Section hereof. 1.7 Develaprr~ent ..,Plan. The term "Development Plan" shall mean the development plan for the Project, to be prepared by the Master Developer, as further described in Section ~ hereof. 14321024600-0044 8~~868.02 a03f18~08 Agenda Item 11.a. Page 5 1. ~ Environmental Documents. The term "Environmental Documents" shall mean all of the environmental documents to be prepared or directed by the Agencies which are necessary to evaluate the potential enviranlnentl impacts of the l~ro j eot and Redevelap~nent Plan, and any related necessary actions required of the Agencies, 1.9 Expiration Date, The term "Expiration Date" shall have the meaning ascribed in Section 3.1 hereof, 1.1 a Master Develo er. The term "Master Developer" sh11 mean Destiny Internat~or~l Ventures, a ~l~fornla ~arparatron a.s defined under the terms of this Agreement. 1.11 preliminary Site Plan, The terra "Preliminary Site Plan" shall mean the preliminary site plan for the Project to be prepared by the Master Develaper, as further described in Section 9 hereof The Prelln~lnary S1te Plan shall rrrclude a map generally depicting the location of the Pra~ect, and 1dent1fyin thereon each of the proposed land uses carnprisin the Prof ect. 1, ~ ~ Project. The term "Project" sha11 mean the hotel pro j ect proposed ~y the Master Developer to be developed an RDA's Property. 1.1 Project Area. The terrri "Pro j eet Area" shall mean the Arroyo Grande Redevelopment Project Area adapted by way of ordinance No~ 487 1.14 RDA's Property. The Terrrr "RDA's Propert}~' shall mean the Propert~r awned by RDA as described in Exhibit "A." 1 ~ 15 Redevelopment .Plan. The term ``Redevelopment Plan" shall mean the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area adopted byway of ordinance No. 487 Agreement to Ne~atiate Exclusively; food Fa1th Negotiations, The Agencies agree that, during the Negotiation Period has defined in Section belaw~ and provided that the Master Developer i not in Default of its obligations under this ENA, the Agencies shall negotiate exclusively the terms of the DDA with Master Develaper. Notwithstanding the foregoing, Master Develaper expressly acknowledges that Agencies are under rra obligation to enter into a DDA with Master Developer at the end of the Negotiation Period. . Period of Nego~lation. ~.l The Parties agree to negatlate In good fa1th far a period of sr~c months months, commencing on t~]e )~~f~Ct1Ve Date, Subject to the provisions of Section l if the Parties have not executed the DDA by the Expiration Date, then this ENA shall automatically terminate; provided, however, the Parties inay mutually agree to extend the terra of this ENA for additional periods, subject to pity council and Agency Board ~~~~roza~oo-oooa Agenda Item 11.a. Page 6 approvals. If the Parties cannot agree upon such an extension, this ENA shall automatically terminate upon the Explratlon Date, This ANA rr~ay be terrrlinated by written notice, without liability or damage to the terminating party, by the A,gencles, lfthe Mater Developer is In Default of the terms hereof, as described in Section 11, the Master Developer has involuntarily filed for bankruptcy, ar the Master Developer has assigned or subcontracted any part of the 1Vlaster Developer's obligations or rights hereunder, in violation of the terns hereof, without obtaining the Agencies' consent; ~ii~ by the Master Developer, if the pity or RDA are in Default of the terms hereof, as described in Section ~ 1, or ~111~ by the mutual written agreement of the Parties, 3,~ Upon termination of this ENA, any interest that Master Developer may have hereunder shall cease and the Agencies shall have the right to thereafter develop or dispose of the Property as Agency shall determine appropriate in its sale and absolute lscretlQn, ~'~5t and. Surveys During the Negotiation Period, Master Developer shall, to the extent reasonably passible and at its own expense, conduct such tests, surveys, and other analyses as the Master Developer deems necessary to determine the feasibility of designing and constructlo the Project an the Slte, and shall complete such tests, surveys, and other analyses as promptly as passible within the Negotiation Period. For these purposes, the Agencies shall, and hereby do provide to Master Developer, its agents, consultants, and representatives, alicens to enter onto any the Agencies' Property to conduct such inspections, tests, surveys, and other procedures as reasonably desired by 1V~aster Developer ~"Vests"}, S, Taplcs for Negotlatlan of DDA. The topics far negotiation of the DDA include, among other things; ~i} Master Developer's rights to lease or purchase the Property fraln the Agencies; iii} method of calculating and paying ground lease rents andlor purchase price; viii} the terms of any proposed ground lease or purchase deed including Necessary covenants, condltlons, and restrictions affecting the bite; Div} air rights use; ~v} managerrlent of the Project; Zvi} the schedule of performance; {vll} avallabll~ty of the Property to the Master Developer; viii} proposed land uses; fix} development layout; fix} preliminary design and architectural concepts and plans; ~xi} architecture of irrlproven~ents to be constructed on the Property, ~~11~ aesthetic considerations; ~xiii} the quality and type of construction; ~xiv} environmental resp4r~s~hllltle; ~a~v} the Master Developer's responsibility to obtain environmental clearances, entitlements, and project flnancing; ~xvi} the terms of Master Developer's construction financing and the Agencies' reasonable right to review same; ~xvii} any other considerations necessary to fully evaluate the feaslblllty and in~plementatlon of the Prod ect; ~xviii} subdivision of the Site, and ~xix~ t~anagen~ent of the Project following potential disposition. In addition to the tapirs described herein, the io~~~~2a~oo-~aaa s~~s~s.~ ~Q~r~s{os Agenda Item 11.a. Page 7 Parties further agree to negotiate in good faith with each other with respect to such other terns and conditions ~ may be necessary ar appropriate to be included and provided for in the DDA and to cooperate in the preparation thereof. . Master Develo er's Pa ent ~hli ations~ If it becorries necessary for the Agencies to incur costs associated with the environmental review process, the Agencies shall request payment from the Master Developer to cover such costs. Upon request by the Agencies, the Master Developer shall provide the Agencies with payment in the amount requested far any studies agreed to by the Agencies and Master Developer. 7 ~ Broker's Fees. The Parties represent and warrant to each other that no broker or finder has been engaged or is in anyway connected with the transactions contemplated by this ENA. In the event any claim fvr brokers' or finders' fees ~s made ~n connection with the transactions contemplated by this ENA, the Party upon whose statement, representation, or agreement the claim is made shall indemnify, save harmless and defend the other Parties from and against such claims. Asslent. S. ] The qualifications and identity of the Master Developer are of particular interest to the Agencies. It is because of these qualifcations and identity that the Agencies have entered into this BNA with the Master Developer. ansequently, no person, whether a voluntary or involuntary successor of Master Developer, shall acquire any rights or powers under this ENA nor shall the Master Developer assign all or any part of this ENA without the prior written approval of the Agencies with such approval or disapproval to be exercised at the Agencies' sole and absolute discretion. It is anticipated that the Master Developer will farm and assign the ownership interest to an LLB for this project and will ratify the Agencies of such assignment. A voluntary yr involuntary sale or transfer of any interest in the Master Developer shall be deemed to constitute an assignment or transfer for the purposes of this ectian S.l, and the written approval of the Agencies shall be required prior to effecting such an assignment ar transfer, The Master Developer shall not, except as permitted by this ENA, assign or attempt to assign this ENA ar oily rights ar duties herein, without the prior written approval of the Agencies. Any purported transfer 11] violation of the preceding two sentences, voluntarily or by operation of law, except with the prior written consent of the Agencies, sha11 be null and void and shall confer no rights whatsoever upon any purported assignee or transferee. S.~ The Agencies may assess a separate fee for its approval of any assignment sa long as such fee does not exceed the total of the direct, reasonable casts incurred by the Agencies related to the review and approval of the assignment, including all in-house costs and expenses, direct third party expenses, consultant fees, and legal fees related to lo~7fa~a~oa-aooa ~ $1986$,Q2 a03118J08 _ Agenda Item 11.a. Page 8 the review and approval of the assignrner~t~ Such fee shall not exceed five thousand dollars ~S,Oaa} unless Master Developer is requested to, and does authorize a higher fee. 8.3 Nothrng contained In this Section ~ of the ENA shall prah~blt ar in any way limit 1Vlaster Developer's ability to choose or replace consultants and other third parties retained by the Master Developer to perform services relating to the 1Vlaster Developer's obligations under this ENA. 9. ~bli~atians of the Parties, 9,1 Upon Execution of this ENA, the Master Developer shall prepare and submit to the Agencies the Preliminary Site Plan. The Agencies andlor Agency staff shall review and provide comrrient to the Master Developer regarding the Preliminary Site Plan within slaty AGO} days after receipt thereof frarn the 1Viaster Developer. within forty five ~~5} days after the Master Developer receives comments from the Agencies regarding the Preliminary Site Plan, the Master Developer shall revise, as necessary, and resubmit to the Agencies andlar Agency staff, the Preliminary Site Plan. ~f additional changes to the Preliminary Site Plan are necessary, the tirrzefres set forth above shall apply, 9,~ Upon the Agencies' non-binding approval of the Preliminary Site Plan, the Agencies shall co~nrrxence preparation of requisite Project Approvals and the Environmental Documents. At this time the parties shall also canlence negntiatln and preparing the DDA. collectively, the Prelirrzinary Site Plan, the Project Approvals and the Environment Documents shall be referred to as the "redevelopment Plan" 9.3 ~t shall be the obligation of the Master Developer to be fu~iy and corripletely familiar with all laves, rules, regulations, and practices of the Agencies and any government agency having regulatory jurisdiction over the project and Master Developer shall acquire and possess a clear understanding of the planning and design criteria required by these and other agencies, ~.4 This ENA is an agreement to enter into a period of exclusive negotiations according to the terms hereof. The Agencies and the Master Developer each expressly reserves the right to decline to enter into the DDA in the event the Parties fail to negotiate an agreement to the mutual satisfaction o~ the Agencies and the Master Developer at their sole and absolute discretion. Except as expressly provided in this ENA, the Agencies and Master Developer shall have no obligations or duties hereunder and na liability whatsoever in the event the Parties fail to timely execute the DDA. The Master Developer acknowledges and agrees that the Agencies have not agreed to directly fund subsidize, ar otherwise financially contribute in any manner toward the ~ ~ ~ preparation of the Prelirr~inary Site Plan, or the development of the Project, ar ~3} the Environmental Documents, except as expressly provided in this ENA or as may be negotiated and included in the DDA, ~o3ztaza~ao-ooaa 819$b8.02 a03f1810$ Agenda Item 11.a. Page 9 ~.G By their execution of this ENA, the Agencies are not committing to or agreeing to undertake: ~i} disposition of the Site to the Master Developer; or iii} any other acts or activities requiring the subsequent independent exercise of discretion by the pity council or the Agency Board; The Parties recognise that one or more of the documents to be prepared by Agencies' staff as set forth herein nay fail to be approved as a result of subsequent studies, reviews, and proceedings invoking the exeercise of discretion by the pity council or Agency Board ar any public agency having regulatory jurisdiction over the Site or the Project. The Agencies shall not be liable to Master Developer far any damages, injuries, or lasses of any kind that the Master Developer may suffer as a result of the use of discretion, as provided for herein, by one or more of the Agencies' ar any other public agency having regulatory j urisdictian over the Pro j eet ar the Site, nor shall the Agencies be compelled to take any action to avoid any such damages, injuries, or lasses. Except as provided in Section 11, Master Developer expressly and without reservation ar limitations of any kind holds the Agencies and all public agencies having regulatory jurisdiction aver the Site ar the Project harmless for any damages, injuries, ar losses of any kind the 1Vlaster Developer may suffer, directly or indirectly, as a result of the lawful exercise of discretion made, rendered, determined, or implemented by one or more of such agencies as provided under law or this Section 9.7 Master Developer agrees to prepare and submit conceptual and schematic plans far the project through the pity's pre-application process. within fi~een X15} days of the completion of the pre-application process, based on the feedback received, Master Developer may determine to cancel Agreement and Agencies shall reimburse any unexpended funds remaining from the deposit. 10, Non-L~abillt~r of AAgencies' Officials and Ernplayees. without limiting the provisions set forth herein, na member, official, representative, director, attorney, ar employee of the Agencies shall be personally liable to Master Developer or any successor in interest, in the event of any Default or breach by the .Agencies of any obligations under the terms of this ENA, ar of any amount, if any} which may became due to Master Developer or to its successor under the terms of this ENA. 11. Defaults. 11.1 Subject to the extensions of time set forth in Section l~, failure ar delay by any Party to perform any term ar provision of this ENA constitutes a Default under this ENA if, after receiving written notice of such failure ar delay, the responsible Party fails to commence to cure, correct, or remedy such failure or delay within thirty ~~0} days therea~er and dlllgenty pursue such cure, correction or remedy to completion, 11.E In the event of a Default, the Parties or their representatives and such additional persons as the Parties believe nay be helpful in the resolution of any dispute, shall meet and confer in goad faith in an effort to resolve the dispute in an amicable manner for a period of forty-five X45} days, as such period may be extended by mutual 10321024b0~-~U04 8~98G8.02 aU3f~81D8 Agenda Item 11.a. Page 10 agreerr~ent of the Parties. If the dispute is not resolved in this manner, the dispute shall be resolved pursuant to the following: 11.3 If the Parties are unable to resolve the dispute by voluntary settlement within the period described above, the dispute shall be resolved by binding arbitration by delivering a written demand far arbitration to the other Parties to the dispute. l l ,4 Arbitration shall be conducted in San Luis Obispo bounty, California, in accordance with alifarnia bode of ivi~ Procedure Sections 12Sa~ 1 ~54.~, as a.ended as of the date of submission of the dispute ~"Mules"}, and as modified by this Section. To the extent there is a conflict between the provisions of this Section and the pules, however, the provisions of this Section shall govern. By mutual written agreerrient, the Parties may vary any of the provisions of this Section and the pules, including rnadif icatians which designate an alternative dispute resolution procedure. 11. As used herein, a "qualified arbitrator" means a party with at least ten ~ 1 a~ years experience in resolving disputes in the central California area. within thirty ~3D~ days after any Party delivers written demand far arbitration, the Parties shall meet and atterript to select, by mutual agreement, one {1} qualified arbitrator to act as the sole arbitrator of the dispute. If the Parties cannot agree on an arbitrator within such 3~,day period, as such period nay be extended by mutual agreement of the Parties, then, within an additional thirty ~30~ days, the 11~aster Developer and the Agencies each shall designate up to three ~3}qualified arbitrators and notify the other Parties in writing of the designations. The qualified arbitrators so designated v~lthln such a~day period shall constitute the "List of Arbitrators«" If either the 1Vlaster Developer or the Agencies fail to designate any qualified arbitrators within such 30'day period, then the qualified arbitrators designated by the other Party shall constitute the List of Arbitrators Within thirty X30} days after the List of Arbitrators has been constituted, the Parties shall meet and negotiate in gaol faith to select one ~ 1 }arbitrator from the List of Arbitrators to act as the sole arbitrator of the dispute. If the Parties fail to select an arbitrator within such 3a~ day period, such sole arbitrator shall be appointed from the List of Arbitrators by the Presiding Judge of the Superior court of San Luis ~bispa Jaunty, alxfornia, upon written application of a Party. Discovery far the arbitration proceedings shall be conducted by the arbitrator ~n accordance with the pules, except tD the extent Qthe~`~V1e provided 1n this Section, The Parties desire to provide for the expeditious resolution of disputes. Therefore, notwlthstanding anything to the contrary set forth rn the rules, discovery conducted under the arbitration shall be lirr~ited as follows: ~i~ within twenty X20} days after selection of the arbitrator, the Parties shall meet at amutually-agreeable place and conduct a mutual exchange of documents relatrng to the dispute; and ~~i} at such rrieet~ng, the arbitrator shall have the right to order the production of any additional documents from any Party and to specify the nature and extent of other discovery which the arbitrator determines 15 reasonably required, including, but not limited ta, the taking of depositions or the obtaining of expert reports, If the arbitrator determines that expert witnesses are required, each Party shall be entitled to designate such an expert and the arbitrator may io~~to~a~ao•oooa 8198b8.02 aD31lS1U8 Agenda Item 11.a. Page 11 designate third expert, as the arbitrator deems appropriate. The arbitrator shall have authority to set further discovery deadlines in order to facilitate the efficient conduct of the arbitration. 11.E A hearing shall be conducted by the arbitrator within sixty days aver selection of the arbitrator, unless the arbitrator determines that additional tine is reasonably required. Ttae Parties shall subrrlit such legal briefing or other staterr~ents of pDSltl~rl the ~'bltrator may request. 11, 7 within thirty days after completion of the hearing, the arbitrator shall reach a written decision regarding the dispute and deliver the same to the Parties. [Jpon the request of a Party, the arbitrator shall issue a written opinion of findings of fact and conclusions aflaw. The decision ofthe arbitrator shall become final ten X10} days aver it is delivered to the Parties and shall be binding on the Parties, conclusive and non appealable. 11.8 The arbitrator shall have the power and jurisdiction to resolve all disputes and artier all remedies available under applicable law or equity, consistent with the provisions of this EI~A, including, without limitation, ordering specific performance; provided, however, that the arbitrator shall not have the power to award punitive damages. The arbitrator shah resolve the dispute in accordance with applicable substantive laws of the State of lifarnia. 11.E The Parties shall share equally the arbitrator's fees and casts, but each party shall bear xts own attorneys' fees and other casts related to the presentation of its case. 11.1 ~ Judgment upon the arbitration award may be entered in, confirmed and enforced by the Superior Court of the bounty of San Luis Obispo, California. 11.11 The Parties hereby waive any right to a trial by a court or jury and agree that any dispute arising out of the interpretation or performance of this ANA shall be resolved by arbitration conducted pursuant to this ect~on; 10321024600-0(104 Agenda Item 11.a. Page 12 NOTICE: BY IIVITIALINO IN THE SPACE BELOW YOU ARE AREEIl~10 TO HAVE ANY DISPUTE ARISING OUT OF THE 1VIATTERS INCLUDED IN THE "ARBITRATION OE T)ISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAw ANI~ YOU ARE C~I~IN Up ANY RIGHTS YOU NiIOHT POSSESS TO HAVE TT~E DISPUTE LITICATEH IN A OUI~T OR JURY TRIAL. EY INITIALING IN THE SPACE BELOW YOU ARE ~IVINO UP YOUR JUDICIAL RIHT~ TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPE~IFI~ALLY INCLUDED IN T~iE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER ACREETN TO T~IIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OE THE CALIFORNIA BODE OF CIVIL PROEDLTRE, YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY, wE HAVE READ AND UNDERSTAND THE FOR.EOOIl~ AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS ~NLUDED IN THE {{ARBITRATION OF T)ISPUTES"PROVISIONS TO NEU'T'RAL ARBITRATION, CITY' Il~ITIALS : RDA' INITIALS: MASTER DEVELOPER'S INITIALS: 12. Enforced Delay; Extension ofTimes afPerformance~ In addtt~on to specific provisions of this ENA, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this ENA shall be extended, where delays or Defaults are due to: war; 1n~Llrrectlon; trlkes; lockouts; r~Ots; #~oods; earthquakes; llres; casualties; acts Of Qd; acts of the public enemy; epiderrlics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusual~y severe weather; 1I]a~lllty to secure necessary labor, materials or tools; delays of any contractor; subcontractor or supplier; ants or omissions of the other party; acts or failures to act of the pity ar RDA, or any other public ar governmental agency or entity {except that the acts or failures to act of the pity or RDA shall not excuse performance by the pity or RDA}; or arty other causes beyond the control or without the fault of the party claiming an extension of time to perfann~ Notw~thstandrng anything to the contrary in this ENA, an extension of tirr~e far any such cause shall be far the period of the enforced delay and shall commence to run from the tune of the carr~~nencerrrent of the cause, if notice by the party claiming such extension is sent to the other party within thirty {30} days aver the commencement of the cause. Times of performance under this ENA may also be extended in writing by the rriutual agreement of the Parties The RDA's Executive Director and the pity Manager sha11 also have the authority on behalf of the Agencies to administratively approve extensions of time not to exceed a cumulative total of one { 1 } year. ~~~~roa4~oo-ooaa s~~s~s.n~ ~Q~~is~~s -10~ Agenda Item 11.a. Page 13 Entire Agreement. This ENA represents the entire agreement of the Parties with respect to the natters set Forth herein and supersedes any and all prier written, anal, or implied agreements. This ENA may not be amended except in writing signed by all of the Parties hereunder. 14. ~avenant Against Dicrirr~tnation~ luster Developer shall not discriminate against nor segregate any persan, or group of persons on account of race, Dolor, religion, creed, natian~l origin, ~ncestr}~, sex, sexual preferencelorientation, age, disability, medial condition, Acquired Immune Deficiency syndrome SAID} acquired ar perceived, retaliation far having filed a dlscrlmint~an Can]plalnt, or rriarital status in the performance Df its abllgatlor~s under this 1 1Vliscellaenous Provisians. ~ ,1 The recitals set Earth in this ENA axe part of this ENA between and among the Parties and shall be enforced and are deemed enforceable a any of the provisions set forth in this ENA. 1 The Master Developer shall cooperate and participate in any and all public outreach processes the Agencies may create to ensure timely and effective public lnvolvrrient and partlclpati~n In the review and consideratlan ~f a various actions the 1Viaster Developer or the Agencies are required to perform under the terms of this ENA. 15.E In the event of third party litigation brought against Master Developer andlar the Agencies in connection with this ENA, Master Developer agrees to save, indemnify, defend, and keep the Agencies, their officers, agents, employees, engineers, and consultants for this ENA, harmless against any and all liability, claims, judgments, casts, and demands, of any kind including, without lirnitatian, reasonable attorneys' fees arising out of ar related to the Agencies' approval andlor the implementation of this ENA save and except claims ar litigation arising through the willful misconduct Agencies}, including but not limited to claims or lawsuits of any kind that rriay be filed against 1Vlaster Developer or the Agencies ~n connection vVith the Prelinllllary ate Plan, the Pia j ect, ar~dlar the Envirar~rriental Documents. The Master Developer mill fully reirriburse Agencies for any expenditures, including reasonable attorneys' fees and costs, Agencies may incur by reason of such matters, and if requested by Agencies, will defend any such suits at the sale cost and expense of Master Developer. 15.4 Master Developer shall present the Agencies with evidence of a general liability insurance policy, in a commercially reasonable amount, naming the Agencies as additional insured by endorsement to the policy. The insurance policy shall cover all liability and responsibilities of the Master Developer under this ENA and guarantee the obligations of the Master Developer to indemnify and hold the Agencies harmless io~~ro7a~oo-ooo~ si~$~s.a~ ~o~rl~~~s -11- Agenda Item 11.a. Page 14 pursuant to Paragraph 14,E of this ENA. The insurance procured shall be on an "occurrence" basis, be effective at all times this ANA is in effect, and shall provide far 0 days advance written notice to be provided to Agencies prior to cancellation or modicatiQn. 15.5 No delay or omission in the exercise of any right ar remedy of a nan- defaulting Party on any Default shall impair such right or remedy or be construed a a waiver. Any waiver by any Party of any Default must be in writing and sha11 not be a waiver or any other Default concerning the same or any other provision ofthis ANA. 15.E The rights and remedies of the Parties are curr~ulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights ar remedies for the carne Default or any other Default by another Party, 15.7 The Parties agree that time is of the essence of this ANA with respect to the deadlines set forth herein. 15.E The text of this ENA is the product of negotiation among the Parties, each of whom had the opportunity to have it reviewed by counsel of their choice, and is not to be construed as having been prepared by any one Party. 16, Notices 1 ~.1 All notices ar other communications required ar permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by electronic transrnrssian, and shall be deemed received upon the earlier of ~i} the date of delivery to the address of the person to receive such notice if delivered personally or by rr~essener ar overnight courier; iii} three business days aver the date of posting bar the United states Post office if by mail; or ~~~1} when sent rf g1ven by electronic transmission. Any notice, request, demand, direction, or other communication sent by electronic transmission must be con#~~rn~ed within forty-eight ~4S} hours by letter mailed or delivered. Notices or other communications sha11 be addressed as follows: If to pity: pity of Arroyo Grande P.~. fox 5Sa Arroyo Grande, A 934 1 Attent10r1: lty 1Vlanager If to RDA: Arroyo brander redevelopment Agency P.D. ~vx 55~ Arroyo Grande, A 934 1 Attention: executive Director ~~~zfo~~-aoa~ si~a~s.a~ ~o~fisaos -12- Agenda Item 11.a. Page 15 wltll ~o~1e~ Ta: 1ty Attorney . ~1ty 0~ Arroyo r~ride P.O. Box 55a Arroyo Grande, A 9341 If to Master Developer: Destiny International Ventures 718 Sycamore Ave. Suite ~ Vista, California ~~083 Any Party may, by written notice to the others, designate a different address, which shall be substituted for that speclfred above, IN WITNESS HEREOF, the Agencies and Master De~reloper have signed this ENA as of the dates set forth below. CITY ~F ARR~Y~ GRANDE Mayor ARRAY GRANDE EDEVEI~~PENT AENY By: chairperson ATTEST; Ey. belly Wetmore, pity clerk APPROVED A T~ PERM: ~y: Timothy ar~nel, lty Attorney DESTINY INTERNAT~~NA~ VENTURES ~y~ President, By: Secretary, 1~3~ro2ac~oo-oooa s ~ ~s~s.oz an~~~ s~os ~ 13 Agenda Item 11.a. Page 16 ~~1t~ach Notary Acn~~vledgeen~s} 103210~4b0()-0004 8198G8.0~ a03l18108 ' ~ Agenda Item 11.a. Page 17 Tk~E ~4ND REFEREED T~ HEREIN BELDIN IS SITUATED tN THE CITY ~F Arroyo gander COUNTY ~F fan Luis Obispo, STATE C~% CA AND IS DESCRIBED AS F~Lt.DVl~S: PARCEL lots 1 to iD inclusive In Block 14 and Lots b and 7 in Block ~5, alb in Western Addition to the Town of Arroyo randes in the i of Arrv o Grande, County of San Luis Obispo, Mate of Californian a~~ording to map recorded April ~0, t8~4 in tY Y . Soak B, Page l0 of Mapsf In the office of the County Retarder of said County. PARCEL 2: That portn ~f Alpine Street, as said street ~s shown an map of Vl~estern Addition to the Tawn of Arroyo Grande, in the Ci of Arroyo gander County of San Luis Obispo+ Mate of Cali~omian according to map recorded Apnl ~~s i894 in Baak B, • west the Page 10 0~ Maps, in the Cffice of the County Retarder of said County, which ,s bounded on the North by Northeasterly prolongation of a Northwesterly line of lot l in Black 15 of said Additions and bounded an the Southeast by the N~rthwe~t line of Faeh Avenue as shown an said Map. Agenda Item 11.a. Page 18