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Agenda Packet 2009-05-26 Ý·¬§ Ý±«²½·´ ß¹»²¼¿ Tony Ferrara, Mayor Steven Adams, City Manager Joe Costello, Mayor Pro Tem Timothy J. Carmel , City Attorney Jim Guthrie, Council Member Kelly Wetmore, City Clerk Ed Arnold, Council Member Chuck Fellows, Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, MAY 26, 2009 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2.ROLL CALL 3. FLAG SALUTE:EXCHANGE CLUB OF THE CENTRAL COAST 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 – MAY 26, 2009 PAGE 2 7.COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: Direct City staff to assist or coordinate with you. A Council Member may state a desire to meet with you. It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: Comments should be limited to 3 minutes or less. Your comments should be directed to the Council as a whole and not directed to individual Council members. Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. Cash Disbursement Ratification 8.a. (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period May 1, 2009 through May 15, 2009. Consideration of Statement of Investment Deposits 8.b. (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of April 30, 2009. Consideration of Approval of Minutes 8.c. (WETMORE) Recommended Action: Approve the minutes of the Special and Regular City Council Meetings of May 12, 2009, as submitted. Consideration of Adoption of an Ordinance of the City Council of the City of 8.d Arroyo Grande Adding Chapter 13.27 to Title 13 (Public Works) Regarding City Easements (ADAMS) Recommended Action: Adopt an Ordinance adding Chapter 13.27 to Title 13 of the Arroyo Grande Municipal Code establishing provisions and restrictions on structures interfering with the use, maintenance or repair of utilities in City Easements. AGENDA SUMMARY – MAY 26, 2009 PAGE 3 8.CONSENT AGENDA (cont’d): Consideration to Approve Revised Water Wheeling Agreements with the 8.e Oceano Community Services District for Halcyon Estates and Grande Mobile Manor (ADAMS) Recommended Action: 1) Approve two (2) Water Wheeling Agreements with the Oceano Community Services District to wheel water for Charles F. Knollenberg and Marilyn L. Knollenberg, Trustees of the Knollenberg Family Trust UTD June 13, 2003, dba “Grande Mobile Manor” and Jerry L. Collins and Leanore L. Collins, husband and wife, dba “Halcyon Estates”; and 2) Authorize the Mayor to execute the agreements. Consideration of Ballot Votes for the Proposed San Luis Obispo County 8.f. Mosquito, Vector and Disease Control Assessment (ADAMS) Recommended Action: Authorize the City Manager to approve submitting a “Yes” vote for approval of the proposed San Luis Obispo County assessment for mosquito, vector and disease control. Consideration of a Resolution Adopting Various Updated Job Descriptions and 8.g. Establishing Several Salary Ranges (ADAMS) Recommended Action: Adopt a Resolution updating several job descriptions and establishing several salary ranges. Consideration of a Contract Extension with College Towing for Police 8.h. Department Tow Services (ANNIBALI) Recommended Action: Approve an extension of the agreement with College Towing, Inc. on a month-to-month basis, effective as of March 27, 2009. Consideration for Approval of a Second Amendment to the Agreement for 8.i. Consultant Services (ANNIBALI) Recommended Action: Approve a Second Amendment to the Agreement for Consultant Services with BFGC Architecture not to exceed the amount of $22,700 and authorize the Mayor to execute the Agreement. Consideration of a Resolution Accepting Improvements for Amended 8.j. Conditional Use Permit 06-001 - Five Cities Center (SPAGNOLO) Recommended Action: 1) Adopt a Resolution accepting the public improvements offered by Levon Investments, LLC for the Five Cities Center project; and 2) Release the letter of credit guaranteeing the improvements. Consideration of Contract Amendment No. 4 with Wood Rodgers, Inc. for 8.k. Preparation of Design Exception Fact Sheets for the Brisco Road-Halcyon Road/Route 101 Project Approval and Environmental Document (PA&ED) (SPAGNOLO) Recommended Action: 1) Approve Contract Amendment No. 4 with Wood Rodgers, Inc. for preparation of the design exception fact sheets for the Brisco Road-Halcyon Road/Route 101 project approval and environmental document (PA&ED) in the amount of $17,500; 2) Authorize the City Manager to execute the amendment; 3) Allocate an additional appropriation of $17,500 from the Transportation Facility Impact Fund; and 4) Authorize the Mayor to send a letter to Caltrans regarding opposition to requests for further analysis and urging support for the City’s preferred alternative. AGENDA SUMMARY – MAY 26, 2009 PAGE 4 8.CONSENT AGENDA (cont’d): Consideration to Approve Construction Plans and Specifications and 8.l. Environmental Exemption for the 2009 Slurry Seal Project, PW 2009-04 (SPAGNOLO) Recommended Action: 1) Approve the construction plans and specifications for the 2009 Slurry Seal Project, PW 2009-04; 2) Find that the 2009 Slurry Seal Project is categorically exempt from CEQA pursuant to Section 15301(c); and 3) Direct the City Clerk to file a Notice of Exemption. Consideration to Approve Construction Plans and Specifications for the 8.m. Corporation Yard Exterior Structural Steel Repair Project (SPAGNOLO) Recommended Action: 1) Approve the construction plans and specifications for the Corporation Yard Exterior Structural Steel Repair Project, PW-2009-05; 2) Find that the project is categorically exempt from CEQA pursuant to Section 15301; and 3) Direct the City Clerk to file a Notice of Exemption. Consideration of an Award of Contract to MGE Underground, Inc. for the Fair 8.n. Oaks Avenue Sewer Upgrade Project, PW 2009-02 (SPAGNOLO) Recommended Action: 1) Award a contract for the Fair Oaks Avenue Sewer Upgrade to MGE Underground, Inc. in the amount of $209,814; 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $20,980, for unanticipated costs during the construction phase of the project. Consideration of an Award of Contract to California Coastal Development Inc. 8.o. for the Montego Street/Hillcrest Drive Sidewalk Improvements Project, PW 2008-07B (SPAGNOLO) Recommended Action: 1) Award a contract for Montego Street/Hillcrest Drive Sidewalk Improvements Project, PW 2008-07B to California Coastal Development Inc. in the amount of $25,313; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $2,600, for unanticipated costs during the construction phase of the project. Consideration of an Award of Contract to D-Kal Engineering, Inc. for the City 8.p. Parking Lot & Bioswale Improvements and the Crown Hill Street and Corbett Canyon Road Sidewalk Improvements Project, PW 2008-07A (SPAGNOLO) Recommended Action: 1) Award a contract for the City Parking Lot & Bioswale Improvements and the Crown Hill Street & Corbett Canyon Road Sidewalk Improvements, PW 2008-07A, to D–Kal Engineering, Inc. in the amount of $173,296.83; 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $17,330.00, for unanticipated costs during the construction phase of the project. AGENDA SUMMARY – MAY 26, 2009 PAGE 5 9.PUBLIC HEARINGS: Continued Public Hearing – Consideration of a Resolution Granting a One-Year 9.a. Time Extension and Amending Several Conditions of Approval for Vesting Tentative Tract Map No. 2653 for Property Located Between East Cherry Avenue and Myrtle Street, Applied for by Cliff Branch; and Consideration of a Reimbursement Agreement Between the City of Arroyo Grande and Cliff Branch for Sewer and Water Improvements on Property Located East of Noguera Place and North of East Cherry Avenue Extension; and Consideration of a Drainage Easement Agreement Between the City of Arroyo Grande and Cliff Branch (Cherry Creek Project) (McCLISH) Recommended Action: 1) Adopt a Resolution granting a one-year time extension and amending conditions of approval for Vesting Tentative Tract Map No. 2653 for property located between East Cherry Avenue and Myrtle Street, applied for by Cliff Branch; 2) Approve and authorize the Mayor to execute a Reimbursement Agreement with Cliff Branch; 3) Approve and authorize the Mayor to execute a Drainage Easement Agreement with Cliff Branch; and 4) Approve paving of Myrtle Street by the City within six (6) months of completion of all improvements to Myrtle Street by the applicant. Consideration of Historic Resource Designation 08-002(c): 200 East Branch 9.b. Street (Building and Life Safety Division) (McCLISH) Recommended Action: Consider the recommendations from the applicable advisory bodies regarding the designation of 200 East Branch Street as a local historical resource, take tentative action, and direct staff to return with an appropriate Resolution. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: Consideration of a Memorandum of Understanding By and Between the County 11.a. of San Luis Obispo and the City of Arroyo Grande Regarding Acquisition of Property for the New Arroyo Grande Public Safety Facility and Removal of Deed Restriction on Recreation Site (ADAMS) Recommended Action: Approve the Memorandum of Understanding with the County to acquire property for a new Police Station and to sell property to generate funding for the Recreation Center project. AGENDA SUMMARY – MAY 26, 2009 PAGE 6 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) Recreation Center Subcommittee (5) Other (b) MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Other (c) COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT) (2) Economic Opportunity Commission (EOC) (3) California Joint Powers Insurance Authority (CJPIA) (4) SLO County 10-Year Plan to End Homelessness Leadership Council (5) Tourism Committee (6) Other (d) COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) Other (e) COUNCIL MEMBER FELLOWS: (1) County Water Resources Advisory Committee (WRAC) (2) 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. Request for staff to place on a future agenda discussion regarding potential 13.a. modifications of criteria for designation of local historical resources. (ARNOLD) AGENDA SUMMARY – MAY 26, 2009 PAGE 7 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. 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 214 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************* This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org ************************** City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» é ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» è ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ç ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïï ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïî ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïí ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïì ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïë ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïê ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïé ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïè ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» ïç THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò¿ò Ð¿¹» îð ß¹»²¼¿ ×¬»³ èò¾ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò¾ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò¾ò Ð¿¹» í THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò¾ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò½ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò½ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò½ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò½ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò½ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ èò½ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èò¼ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò¼ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò¼ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò¼ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò¼ò Ð¿¹» ë THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò¼ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» é ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» è ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ç ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïï ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïî ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïí ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïì ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïë ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïê ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïé ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïè ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» ïç ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» îð ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» îï THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò»ò Ð¿¹» îî ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» î ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» í ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ë ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» é ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» è ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ç ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïï ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïî ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïí ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïì ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïë ß¹»²¼¿ ×¬»³ èòºò Ð¿¹» ïê ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» é ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» è ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ç ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïï ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïî ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïí ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïì ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïë ß¹»²¼¿ ×¬»³ èò¹ò Ð¿¹» ïê ß¹»²¼¿ ×¬»³ èò¸ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò¸ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò¸ò Ð¿¹» í THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò¸ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò·ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò·ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò·ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò·ò Ð¿¹» ì MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: SUPPLEMENTAL INFORMATION (/ MAY 26, 2009 CITY COUNCIL AGENDA DATE: MAY 26, 2009 There were two inadvertent omissions from the City Council Agenda packet. Please find enclosed the following information: 1. Exhibit A to Second Amendment to Agreement for Consultant Services with BFGC Architecture (Item 8.i.) 2. Staff report for Item 8.p. (Award of Contract to D-Kal Engineering, Inc.) Please remove and disregard the existing Item 8.p. in your packet as it was a previous, outdated report of Item 8.0. Additionally, please find enclosed correspondence received today from Larry Turner regarding Item 9.a. (Cherry Creek project). c: City Attorney City Clerk EXHIBIT A May 8, 2009 Mr. Steve Annibali Chief of Police City of Arroyo Grande 200 Halcyon Road Arroyo Grande, CA 93421 Project: Arroyo Grande Police Station -New Facility Preliminary Schematic Design and Work Scope Determination Project No.: 07177.000 Regarding: Fee Proposal Mr. Annibali: We appreciate the opportunity to prepare an fee proposal for the above referenced project. The following indicates our understanding of the project scope, parameters, and required services in accordance with your request for fee proposal, and a with you on may 4, 2009; and the fees related to that service. Project Description: This project consists of preparation of a Preliminary Schematic Design for a new Police Facility to be located on the northeast corner of W. Branch Street and Rodeo Drive in the City of Arroyo Grande, CA. The project also includes the development of the project scope, budget, and requirements; and the fees related to that scope of service. Included Consultants: The proposed fees include the normally anticipated consultants for this scope of work. We propose to involve our consultants on a preliminary basis to give input on construction methods and systems. This would include our structural, mechanical, and electrical engineers. Scope of Services: 1. (3) Client Meetings: a. Preliminary Design Review b. Final Design Review c. Scope & Fee Review 2. Schematic Design 3. Statement of Probable Construction Cost 4. Development of Preliminary Project Budget Deliverables: 1. Site Plan 2. Floor Plan 3. Exterior Elevations (Branch Street, Rodeo Drive) as required. 4. Statement of Probable Construction Cost. 5. Scope of Services 6. Fee Proposal www.biac.wm p;\pROJECTSWGC\07-177\DOC\FEES\07177FP 050809.doc Arroyo Grande Police Station Page 2 New Facility Design Fee Proposal Architect's Project No.: 07177.000 Project Assumptions: 1. The Owner will provide assumed topographic survey information to aid in the design. Confirmed by Rob Strong, Director of Community Development via phone conference on April 24, 2008. Schedule: The work will be completed expeditiously as consistent with professional skill and care and the orderly progress of services. Preliminary Project Construction Budget: ^ To Be Determined Compensation: In an effort to mitigate the cost effects we will propose to pertorm the required project services on an hourly not-to-exceed basis. This will give the City the ability to tailor the above services to meet your needs. The services above will provide the basis for reviewing any requested additional services. We propose to provide the above referenced services for anot-to-exceed fee of Twenty Two Thousand Seven Hundred Dollars ($22,700) plus reimbursable expenses. Reimbursable expenses will be billed at 1.2 times the actual cost. This fee is approximately one half of the expected fee for schematic design phase services for a project of this scope and size. This fee will be credited against the final fee determined in the scope above should BFGC sign a contract with you for the continuation of the project. If you have any questions please don't hesitate to contact me Craig I. atkinson associate architect cc: File Enc.: No enclosures. ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» ï Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» î Ð¿¹» î ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» í Ð¿¹» í ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» ì Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» ë Ð¿¹» ë ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» ê Ð¿¹» ê ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» é Ð¿¹» é ß¹»²¼¿ ×¬»³ èò¶ò ß¹»²¼¿ ×¬»³ èò¶ò Ð¿¹» è Ð¿¹» è ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» î ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» í ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» ë ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» ê ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» é ß¹»²¼¿ ×¬»³ èòµò Ð¿¹» è MEMORANDUM TO: CITY COUNCIL `,~ FROM: STEVEN ADAMS, CITY MANAGER ,~"' SUBJECT: AGENDA ITEM 8K -SUPPLEMENTAL INFORMATION DATE: MAY 22, 2009 Please find attached Attachment 2 to the staff report for City Council Agenda Item 8.k, which is the proposed letter to Caltrans. Thank you. attachment ~~ ~ cA~x~~ OFFICE of the MAYtJR May 26, 2009 Mr. Richard Krumholtz, Director Cal Trans District 5 50 Higuera Street San Luis Obispo, CA. 93401-5415 Attachment 2 P.O. Box 550 214 East Branch Street Arroyo Grande, CA 93421 Phone: (805) 473-5404 FAX: (805) 473-U38f E-Mall: agcity~Sa arroyogra~ RE: Request for Formal Refection of the Brisco / Halcyon / 101 Interchanoe Project Dear Mr. Krumholtz: On behalf of the City of Arroyo Grande, I am formally requesting that District 5 either recommend approval or prepare a letter of rejection relative to the last project alternative pertaining to the Brisco Interchange project, with specific findings outlined in detail. It is our intent to enter into the formal appeal process and if necessary, pursue this matter through the legislative process. We have been in the planning stages for this project for nearly twelve years. Many project alternatives have been designed and subsequently rejected by your staff. On each occasion, they have sent us back to "further study" other alternatives. We have incurred extensive contract engineering costs only to experience additional rejections and delays by your staff. As a result, we remain ineligible for programmed funding through the San Luis Obispo Council of Governments (SLOCOG). It is evident that the Cal Trans Design Exception policies are and have been inconsistently applied to interchange and ramp configurations throughout San Luis Obispo County. The Design Exception policies are clearly written with no concern for surface street congestion relief in and around state mainlines. "Preserving the safety of the state mainline" is the mantra we have heard for years from your staff. It has been put forth as the justification for inflexible and impractical design restrictions. If this were valid and consistently applied criteria, then many of the existing ramp configurations in San Luis Obispo County as well as statewide should be closed. Moreover, the current Cal Trans policies appear indifferent to the problems associated with severe surface street congestion, to include excessive vehicle idle time and increased emissions. As such, our City views these policies as being inconsistent with the tenets of AB-32 and SB-375. Page Two May 29, 2009 Cal Trans District 5 At the last planning meeting, your technical staff suggested that we simply close the Brisco Ramps for a longer period of time to "further study" the impact. Please be informed that we are emphatically rejecting this proposal. The ramps will remain open until we have an approved alternative that relocates the access to Hwy 101 along West Branch Street preferably at Old Ranch Road. We have demonstrated that the closure of the Brisco Ramps with no further mitigation will only exacerbate the queuing problems at Camino Mercado and Oak Park. Our citizens, while realizing ashort-term improvement to traffic flow under the bridge at Brisco, will be faced with longer-term congestion problems at these other intersections in the years to come. We have attempted on several occasions to describe in detail the plans for increased intensity of use along West Branch Street. We are in the process of acquiring land from the County at Rodeo Drive and West Branch for our new Public Safety Building. We are raising funds and are involved in planning for a new Community Sports Facility at Old Ranch Road and West Branch. This facility will be used for regional youth basketball tournaments. Finally, the build out of 5 Cities Center Phase II as well as additions to Phase I will add a significant influx of regional traffic along West Branch. Your staff remains indifferent to these realities. We have been informed many times by your staff that any project alternative would have to mitigate future traffic flow for a minimum of 20 years into the future. Our last submittal accomplishes this. Yet it appears that your staff has now chosen to ignore their own policy with the inference that the closure of the Brisco Ramps with no additional mitigation is an acceptable long-term solution. To conclude, we intend to formally appeal on a "point-by-point" basis, the rationale for rejecting our last submittal. Therefore we are once again requesting that you either approve our project or issue a formal letter of rejection with comprehensive justification to support the denial. Please address all further correspondence concerning this matter to our City Manager, Steve Adams. He can be reached at (805) 473-5408. Sincerely, Tony Ferrara Mayor CC: City Council City Manager City Attorney Supervisor Achadjian Assembly Member Blakeslee Senator Maldonado Ron De Carli / SLOCOG ß¹»²¼¿ ×¬»³ èò´ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò´ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò´ò Ð¿¹» í ß¹»²¼¿ ×¬»³ èò´ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò³ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò³ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò³ò Ð¿¹» í THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ èò³ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ èò²ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò²ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò±ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò±ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò°ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ èò°ò Ð¿¹» î ß¹»²¼¿ ×¬»³ èò°ò Ð¿¹» í THIS PAGE INTENTIONALLY LEFT BLANK MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER JJF" SUBJECT: SUPPLEMENTAL INFORMATION ((// MAY 26, 2009 CITY COUNCIL AGENDA DATE: MAY 26, 2009 There were two inadvertent omissions from the City Council Agenda packet. Please find enclosed the following information: 1. Exhibit A to Second Amendment to Agreement for Consultant Services with BFGC Architecture (Item 8.i.) 2. Staff report for Item 8.p. (Award of Contract to D-Kal Engineering, Inc.) Please remove and disregard the existing Item 8.p. in your packet as it was a previous, outdated report of Item 8.0. Additionally, please find enclosed correspondence received today from Larry Turner regarding Item 9.a. (Cherry Creek project). c: City Attorney City Clerk MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER BY: MIKE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT TO D-KAL ENGINEERING, INC. FOR THE CITY PARKING LOT Ss BIOSWALE IMPROVEMENTS AND THE CROWN HILL STREET AND CORBETT CANYON ROAD SIDEWALK IMPROVEMENTS PROJECT, PW 2008- 07A DATE: MAY 26, 2009 RECOMMENDATION: It is recommended the City Council: award a contract for the City Parking Lot &Bioswale Improvements and the Crown Hill Street & Corbett Canyon Road Sidewalk Improvements, PW 2008- 07A, to D-Kal Engineering, Inc. in the amount of $173,296.83; 2. authorize the City Manager, to approve change orders for 10% of the contract amount, $17,330.00, for unanticipated costs during the construction phase of the project (total construction costs = $173,296.83 + $17,330.00 = $190,626.83); FINANCIAL IMPACT: The FY 2008/09 Capital Improvement Program includes $343,467 for construction of the Crown Hill Sidewalks, of which $322,837 is available as $20,630 has been used for design and conVact administration. The FY 2008/09 Capital Improvement Program includes $56,000 for the City Hall Bioswale, of which $45,537 is available as $10,463 has been used for design and contract administration. BACKGROUND: On April 28, 2009, the City Council approved the construction documents for the City Parking Lot &Bioswale Improvements and the Crown Hill Street & Corbett Canyon Road Sidewalk Improvements Project. Agenda Item 8.p. Page 1 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO D-KAL ENGINEERING, INC. FOR THE CITY PARKING LOT & BIOSWALE IMPROVEMENTS AND THE CROWN HILL STREET & CORBETT CANYON ROAD SIDEWALK IMPROVEMENTS PROJECT, PW 2008-07A MAY 26, 2009 PAGE 2 On May 19, 2009, six bids were opened. The lowest responsible and responsive bid for all of the schedules, from D-Kal Engineering, Inc., was in the amount of $173,296.83. Staff has determined the bid to be responsive and recommends the award of a construction contract to D-Kal Engineering, Inc. The contract time is 60 calendar days. Work is expected to begin in June 2009 and complete by the end of August 2009. ANALYSIS OF ISSUES: The Crown Hill (Paulding Middle School) Sidewalk project consists of the construction of curb, gutter, sidewalk and retaining wall improvements along the frontage of four residential lots on Crown Hill. The project also includes the construction of pedestrian improvements along the existing frontage roadway on Crown Hill between Paulding Middle School and Corbett Canyon Road (State Route 227) and on Corbett Canyon Road (State Route 227) between Crown Hill and Le Point Street. This project is being funded in part by the State's Safe Routes to School (SR2S) grant program. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staffs recommendations to award a construction contract to the lowest responsive bidder; • Do not award a construction contract at this time; • Provide direction to staff. ADVANTAGES: The construction of the sidewalks shall be performed during the summer months to avoid potential traffic congestion in the vicinity of the Paulding Middle School. Construction of the bioswale will complete the City's obligations under a settlement agreement with the Water Quality Board. DISADVANTAGES: Due to the favorable bidding climate, the lowest responsive bidder is below the engineers estimate and within the construction budget. Delaying and/or rebidding the project may not provide further benefits to the City. ENVIRONMENTAL REVIEW: The project is categorically exempt from CEQA pursuant to Sections 15301 and 15332. Agenda Item 8.p. Page 2 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO D-KAL ENGINEERING, INC. FOR THE CITY PARKING LOT & BIOSWALE IMPROVEMENTS AND THE CROWN HILL STREET & CORBETT CANYON ROAD SIDEWALK IMPROVEMENTS PROJECT, PW 2008-07A MAY 26, 2009 PAGE 3 PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, May 21, 2009. The agenda and staff reports were posted on the City's website on Friday, May 22, 2009. No public comments were received as of the time of preparation of this report. Agenda Item 8.p. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» î ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» í ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» é ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» è ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» îç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» íç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ìç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ëç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» êç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» éç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» èç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» çç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïðç ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïð ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïï ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïî ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïí ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïì ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïë ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïê ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïé ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïè ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïïç THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ çò¿ò Ð¿¹» ïîð MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: SUPPLEMENTAL INFORMATION MAY 26, 2009 CITY COUNCIL AGENDA DATE: MAY 26, 2009 There were two inadvertent omissions from the City Council Agenda packet. Please find enclosed the following information: 1. Exhibit A to Second Amendment to Agreement for Consultant Services with BFGC Architecture (Item 8.i.) 2. Staff report for Item 8.p. (Award of Contract to D-Kal Engineering, Inc.) Please remove and disregard the existing Item 8.p. in your packet as it was a previous, outdated report of Item 8.0. Additionally, please find enclosed correspondence received today from Larry Turner regarding Item 9.a. (Cherry Creek project). c: City Attorney City Clerk ~~ ~~y /~ May 26, 2009 Mayor Tony Ferrara Mayor Pro Tem Joe Costello Council Member Ed Arnold Council Member Chuck Fellows Council Member Jim Guthrie Subject: Cherry Creek Project- History Your May 26th, 2009 Meeting Gentlemen: RECEIVED MAY 2 6 7008 ARROYO GRANDE „`_'. MiNISTRATIVE SERVICES It has come to my attention that some of the information provided to you for this meeting is very incorrect and that some history is in order! First, you have a paragraph from staff that begins, "The city has received requests from the residents on Noguera Plan to abandon the existing utility and drainage easement located at the rear of their property." It is the Noguera Tract 409, the easement is on our property and these requests Gave been made for over 20 years. The second sentence, "The easement was originally obtained as an alternate route for the proposed drainage." What proposed drainage? The regional proposed drainage?The Cherry Creek proposed drainage? The Walnut View Estates drainage? We are talking 1972 when we talk of the Noguera Tract 409 Drainage. I quote a city letter of July lOth,1972 from Glen E. Felmlee, construction inspector, to J. E. Anderson, Jr., director of public works, "I am also reviewing the possibility of using the temporary ditch to be constructed , on Tract 409 along the easterly property line. Ma Adams felt that it would be feasible and practical to utilize this temporary ditch for irrigation and would propose to construct both inlets and outlets , at his expense, as needed. I would recommend that consideration be given to his request. I also feel that legal aspects of these items may need consideration." Does this sound like a drainage project? I quote a second letter dated July 19th, 1972 Subj: Developement on Tract #409, from J. E. Anderson, dir. of public works, copy to construction inspector, city adminstrator, and Mr. and Mrs. Stillwell. I quote paragraph #4 "Ability of the ditch on the east side of the tract to carry flood waters. An asphalt lined ditch was required to be constructed along the east side of this development to direct flood waters, sheet flowing off of adjacent property northerly across Myrtle Ave., along Stanley Ave. to the Arroyo Grande creek. We feel that this is a temporary ditch in that development of the property to the east will eventually require a major drainage structure diverting these flood waters in a more direct route to the Arroyo Grande creek. It was also asked why a conduit could not be used at this location rather than an open ditch. It is the staff s feeling that a pipe size that would take care of all possible drainage would not be economically feasible and that the present construction will take care of the situation adequately. " Also I quote paragraph #7. "Use of the drain ditch on the east side of tract for irrigation water. An adjacent property owner" ,Mr. Stillwell,"has asked that be be permitted to use this drain ditch for irrigation of his walnut orchard on the north side of Myrtle street. "This is a typo as his orchard is on the south side of Myrtle as is obvious from the staff reply. "Staff sees no immediate problem with this request but would require some engineering studies or proposals as to the amount and methods of conveyance across Myrtle Ave. before this can be approved." Oh, did I mention that the developer of Tract 409, Addison Wood, happens to be the same Addison Wood that was Mayor of the City? Apparently Mr. Stillwell was told by both the City and the Developer that it was OK to use the ditch for his flood irrigation!! It is my understanding that agricultural run-off may not legally be diverted onto residential property! As far as the city considering the legal and engineering aspects of the above, perhaps the letter of July 24th, 1972 from Robert S. Gering, Jr., city engineer to J. E. Anderson, Director of Public Works is the city's justifaction and I quote," Adequacy of the ditch is satisfactory for carrying off drainage, which has a source directly upstream. It will also provide for the errant waters escaping from Newsom Springs channel with a minimum of flooding upstream, and I anticipate no more flooding than is experienced now." I would like to point out that at the time the Newsom Springs channel drained primarly down the south side of the Arroyo Grande valley due to farming on the Dixon Ranch .The water went through the 4 x 8 box culvert under Branch Mill road on the south side of the valley. That box culvert currently has about a 2 foot opening. Since then you have allowed the Walnut View Estates project to almost cut off the flow down the south side of that project. Also, as an agricultural buffer you have built a dam across the south west side of Branch Mill Road all the way the intersection of Branch Mill and Cherry Ave. "Drive by and look!!" While you have collected $250,000 from that project to help pay for the needed drainage improvements, you have obstructed the prior water flow and directed all errant floodwaters directly into the Noguera Tract 409. The same paragraph from staff goes on It has been a goal of the project to eliminate the need for this easement through the other proposed drainage improvements." In fact ,you removed the need for the Noguera easement when you put the current easement through the Stillwell property. Of course, this was not done until the last flooding of Noguera Tract 409, which demonstrated to the city and the Noguera residents the true effects of the Walnut View Estates Project. The next sentence from staff, "The City has received a correspondence from the applicant's project engineer that recommends maintaining the easement for potential over flow purposes (attachment 3)."This letter from Mr. Scott Stokes ,PE 58256,states "he was requested to review the Noguera Tract 409 and he feels that the City should not entertain the idea of abandoning the existing easement at this time. "His first reason is that it is a PiTE and it is unclear if it is being used as such. I guess his review did not include looking and the plot plans and checking for any up dates. The utilities for the Noguera Tract 409 are in the street and the 6 foot PUE next to the street as per plan and there has never been any PiTE use at the east side of Tract 409. Second, "Based on his visual inspection the lots appear to use the drainage ditch for rear lot drainage and they would have to be re- graded and reconfigured for the easement to be abandoned. "Again, a simple review of the Tract 409 plans would show him to be incorrect. Thirdly, he states ; 'The drainage easement could provide extra protection from flooding that would reach the Branch Mill, East Cherry Avenue intersection." In fact, the existing Noguera Tract easement does not provide protection, if left in place it guaranties flooding of the Noguera Tract. You must realize that the Noguera Tract lots next to this easement are 2 to 3 feet lower than the intersection at Branch Mill and East Cherry, also that the plot plan you have approved for the Cherry Creek project requires a 2 foot retaining wall next to most of the Noguera tract easement. You have put the Noguera Tract residents in a hole and by providing a path for flood water into this hole you are not protecting us, you are insuring that we will continue to be flooded. He is telling you," As engineer of record for the project, we have designed the drainage channel through the project to handle the 100- yearstorm flow-including 1' of freeboard." I hope his engineering skill in much better than his review of the Noguera Tract easement and his other advise to you! His last recommendation does not limit your liability, it ensures it. If you have any desire to reduce you liability and provide any protection to the Noguera Tract , I would like to suggest that you require the developer of Cherry Creek to install an eight foot retaining walUfence on the west side of their project from East Cherry to Myrtle street. This would provide the 2 foot retaining wall required to raise their westerly lots to drain into their project as is necessary and give Noguera residents some protection from the 2 to 3 foot waterfall which could otherwise be created from the Branch MiIU East Cherry Ave into the Noguera Place lots if the drainage design is flawed. In summary, while I hope you will be able to go forward with the Cherry Creek project to obtain the regional drainage solution, you need to make the removal of the Noguera Tract easement a condition of approval for this project. I would like to remind you that the Noguera ditch was designed to have a minimum depth of 6 inches across it's maximum 8 foot span. Folks that is an area of 2 square feet. Please review the size of the drainage structure across the Cherry Creek project. Thank you for your consideration. ~~C" .--"--~ Larry Turner 323 Noguera Place Arroyo Graude ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» î ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» í ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» é ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» è ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ç ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïî ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïí ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïë ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïê ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïé ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïè ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ïç ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îð ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îî ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îí ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îë ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îê ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îé ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îè ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» îç ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íð ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íî ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íí ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íë ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íê ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íé ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íè ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» íç ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìð ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìî ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìí ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìë ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìê ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìé ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìè ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ìç ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëð ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëî ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëí ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëë ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëê ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëé ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëè ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» ëç ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êð ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êï ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êî ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êí ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êì ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êë THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ çò¾ò Ð¿¹» êê ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ï ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» î ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» í ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ì ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ë ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ê ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» é ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» è ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ç ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ïð ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ïï THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ×¬»³ ïïò¿ò Ð¿¹» ïî