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Agenda Packet 2010-10-12City Con e1*1 Tony Ferrara, Mayor Jim Guthrie, Mayor Pro Tem Joe Costello, Council Member Chuck Fellows, Council Member Caren Ray, Council Member Steven Adams, City Manager Timothy J. Carmel , City Attorney Kelly Wetmore, City Clerk REVISED AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, OCTOBER 12, 2010 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 2. ROLL CALL 3. FLAG SALUTE: 4. INVOCATION: 7:00 P.M. MAYOR FERRARA PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS: 5.a. Promotion of Sr. Police Officer Dan Langstaff to Sergeant and Introduction and Oath of Office to New Police Officer Jeffrey Corral 5.b. Honorary Proclamation Declaring October 2010 as Rideshare Month 6. 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY — OCTOBER 12, 2010 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period September 16, 2010 through September 30, 2010. 8.b. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council /Redevelopment Agency Meeting of September 14, 2010, as submitted. 8.c. Consideration of Temporary Use Permit Case No. 10 -017 Authorizing "Halloween in the Village" and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures, and Warning Devices on Sunday, October 31, 2010 (McCLISH) Recommended Action: Adopt a Resolution approving Temporary Use Permit Case No. 10 -017 authorizing "Halloween in the Village" and directing staff to implement safety measures including East and West Branch Streets between Traffic Way and Mason Street, no parking zones and the detour of automobile traffic on Sunday, October 31, 2010 along East Branch Street. AGENDA SUMMARY — OCTOBER 12, 2010 PAGE 3 8. CONSENT AGENDA (cont'd) 8.d. Consideration to Approve the Construction Plans and Specifications and adopt a Mitigated Negative Declaration for the Construction of Reservoir #6 on Stagecoach Road and Oro Booster Station Upgrade (McCLISH) Recommended Action: 1) Adopt a Resolution adopting the Mitigated Negative Declaration and approving construction documents and specifications prepared for Reservoir #6 and the Oro Booster Station Upgrade; 2) Approve the Mitigation Monitoring Plan in compliance with CEQA Section 15097; and 3) Direct the City Clerk to file the Notice of Determination. 8.e. Consideration of Third Extension of Agreement for Contractor Street Services with SP Maintenance Services, Inc. (ADAMS) Recommended Action: Approve a Third Extension of the Agreement with SP Maintenance Services for street sweeping services. 8.f. Consideration of Lease with Re /Max Del Oro for the Existing City Hall Building at 214 East Branch Street (ADAMS) Recommended Action: Approve a lease with Re /Max Del Oro for the existing City Hall building at 214 East Branch Street. 8.g. Consideration of Letter to the Board of Supervisors Regarding Zone 3 Water Supply Contract (ADAMS) Recommended Action: Authorize the Mayor to send the proposed letter to the Board of Supervisors on behalf of the City. 8.h. Consideration of Amendment to Development Impact Fee List of Transportation Improvement Projects (ADAMS) Recommended Action: Adopt a Resolution amending the development impact fee list of transportation improvement projects to incorporate widening of Le Point Street. 8.i. Consideration of a Public Facilitv Fundina Aareement for the Reconstruction of Short Street and offsite Sewer Imarovements in Connection with the "Shoos at Short Street" Promect (McCLISH) Recommended Action: 1) Approve an agreement to provide payment of costs associated with the reconstruction of Short Street and offsite sewer improvements associated with the "Shops at Short Street" project; and 2) Appropriate $20,000 for the offsite sewer improvements from the Sewer Fund. 8.j. Consideration of Summary Vacation of Small Unused Portion of Short Street Not Required for Street Purposes (ADAMS) Recommended Action: Adopt a Resolution summarily vacating a small unused portion of Short Street not required for street purposes. 9. PUBLIC HEARINGS: None. AGENDA SUMMARY — OCTOBER 12, 2010 PAGE 4 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. 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. 13. 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. 14. COUNCIL COMMUNICATIONS Correspondence /Comments as presented by the City Council. 15. STAFF COMMUNICATIONS Correspondence /Comments as presented by the City Manager. 16. 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. 17. ADJOURNMENT AGENDA SUMMARY - OCTOBER 12, 2010 PAGE 5 * * * * * * * * * * * * * * * * * * * * * * * ** 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 Legislative and Information 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 pRR0r OE c P INCORPORATED 9 . L g it fit? 10, 1911 c 4t IFORN ‘P MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER .> SUBJECT: REVISED AGENDA FOR OCTOBER 12, 2010 DATE: OCTOBER 8, 2010 Attached is a revised Agenda which adds Consent Agenda Item 8.j. A staff report and resolution will be distributed on Monday. The revised Agenda has been posted in accordance with the Brown Act (within 72 hours prior to the meeting). If you have any questions, please call me at 473 -5408. c: City Attorney City Clerk 5.a. Promotion of Sr. Police Officer Dan Langstaff to Sergeant and Introduction and Oath of Office to New Police Officer Jeffrey Corral Agenda Item 5.a. Page 1 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.a. Page 2 t f CITY OF C ire Z.� W'X, W� V octo&r i 2*io as Iti&sfime monW WHEREAS, the city of A rro yo Grande recognizes th at 78 percent of commute in Sari L uis Obi County commute to work by driving alone, which significantly contributes to air pollution, congestion and decreased duality of Ilfe locally and throughout the state; and WHEREAS, the City of Arroyo Grande recognizes transportati n choices including carpooling, .vanpooling, taking the bus, walking, biking or working from home to preserve air and water quality, Improve personal health, reduce c ongestion,. reduce commuter cost, reduce parking demand and reduce demand on foreign oil* and WHEREAS, SLO Regional Ridesh a division of th San Luis Obispo Council of G overnments, supports clean air, reduced road congestion and transportation choices for people living, working and visiting San Luis Obispo County; and WHEREAS, SLG Regional Rideshare executes the annual campaign for Rideshare Month and the 201 theme is Commute for Cash Challenge; and WHEREAS, Rideshare Month 2010, sponsored by SLG Regional Rideshare works with Regional Transit Authority, Paso Express, North County Shuttle, SLG Transit Cal Poly, Air Pollution Control District, Ride- Transportation, Enterprise Vanpool and VPSI to encourage people to take the Commute for Dash Challenge; and WHEREAS,, employees and employers are encouraged to register online for the Rideshare Month Commute for Dash Challenge making them eligible to win their commute savings in cash along with random daily and weekly prizes; and WHEREAS, Rideshare Month will include Transit Week where participants can ride the bus for free; Vanpool Week where vanpoois.will receive discounts; Carpool Week where carpools can wiry free gas; and BikeMalk Week with Bike Breakfasts, safety workshops and free repairs. NOW, THEREFORE, BE IT RESOLVED, that 1, Tong Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim October as "'Rideshare Month" in the City of Arroyo Grande. IN WITNESS WHEREGF,1 have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 1 day of October 2 010. Oiler o Tony Ferrara, Mayor o INCORPORATED 7 r JULY r o_ 1911 � Benda Item 5.b. Page 1 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.b. Page 2 p 0 INCORPORATED .JULY 10, 191 1 1 %� TO: - CITY COUNCIL MEMORAN FROM: ANGELA K AETBCH, DIRECTOR OF ADMINISTRATIVE SE ICE lk BY: FRANCES R. HEAD, ACCOUNTING SUPERVISO SUBJECT: CONSIDERATION O CASH D ISBURSEMENT RATIFICATION DATE: OCTOBER '12, 201 RECOMMENDATION: N: It is recommended the City Council ratify the attached listing of cash disbursements for the period September 18 through September 8, 2010. FINANCIAL IMPACT: There is a $1,1 08,709.88 fiscal impact that includes the following items: 0 Accounts Payable Checks 147043-147241 $ 639 Payroll Checks & Benefit Checks $ 468,788.80 BACKGRO Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. ANALYSIS OF ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2010-11 budget. ALTERNATI The following alternatives are provided for the Council's consideration: 0 Approve staff's recommendation; Do not approve staff s recommendation; Provide direction to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION OF CASH DISBURSEMENT RATIFICATION OCTOBER 12, 2010 PAGE 2 ADVANTAGES: The Administrative Services Department monitors payment of invoices for accountability, accuracy and completeness using standards approved by the Council. • Invoices are paid in a timely manner to establish goodwill with merchants. • Discounts are taken where applicable. DISADVANTAGES: No disadvantages have been identified as long as city council confirms all expenditures are appropriate. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 7, 2010. The Agenda and report were posted on the City's website on Friday, October 8, 2010. No public comments were received. Attachments: 1. September 1 — September 30, 2010 — Accounts Payable Check Register 2. September 2, 2010 — Payroll check & Benefit Checks Register Agenda Item 8.a. Page 2 t� c� CL 0) M0 M c� c� 00 w� Page: 1 ATTACHMENT I apCkH!t Check History Listing 1 010412010 :5 AM CITY OF ARROYO GRANDE Bank code; boa Check # Date Vendor Status Clear/ Void Date Invoice Inv. Date Amount Paid check Total 0 0912312010 000164 CHRISTIANSON CH EVROLET 72980 0412612010 229.16 73769 06123/2010 184.66 72701 0410112010 54.17 73628 0611412010 51.40 72828 0411212010 51.23 72823 0411212010 51.16 72313 0411212010 51.16 72991 0412612010 51.16 73 0610512010 5 73470 0610112010 51.16 72512 03/1912010 50.76 CREDIT 0613012010 - 877.18 0.0 147043 09/1612010 008091 ARACELI AGUILAR 091 310 0911312010 187,50 187.50 147044 0911612010 008092 ROGER ALLAN 091310 0911312010 30.00 30.00 147045 0911612010 008093 STEPHANIE ALLEN 091310 0911312010 25.00 25.00 147046 0911612010 006130 ALLIANCE READY 11I'II, INC 11797 0812612010 381.00 381.00 147047 09/16/2010 008094 TERI ANDRICH 091610 0911612010 212.00 212.00 147048 0011612010 005180 APEX OUTDOOR POWER 30902 0812012010 81.29 81.29 147049 0911612010 001146 ARROYO RANCH COMPANY 11 0610112010 2,910.00 2,91 0.00 147050 0911612010 006607 AT 158733' 0812612010 2,195.18 1587332 0812612010 2 76.85 4,371.83 147051 0911612010 001918 CITY OF ATASCADERO 091510 0911512010 3,032.16 082310 0812312010 409.68 3 147052 0911612010 005005 BOY SCOUTS OF AMERICA 091410 0911412010 90.60 90.60 147053 0911612010 000090 BRISCO MILL & LUMBER 145526 0811112010 54.36 145742 09/08/2010 12.16 66.62 147054 0911612010 000105 CA CONTRACTORS 86021 0812712010 181.09 181.09 Page: 1 apDkHit Check History Listing Page: 10/04/2010 :9AA CITY OF ARROYO GRANDE Bank code: boa Check Date Vendor Status Iearl oid Date Invoice Inv. Date Amount Paid Check Total 147055 0911612010 007571 CAL POLY CORPORATION AF042106 06!2512010 1 1 147056 09116/2010 090994 CALVARY CHAPEL 091316 09/13/2010 75.00 75.00 147057 09116/2010 008095 CAPTIVE HEARTS 091310 09/13/2010 130.00 130.00 147053 09116/2010 000603 CARUEST AUTO PARTS 7314 - 431417 08/26/2010 224.76 7314-426468 08/03/2010 106.51 7314 - 429295 08116/2010 70.42 7314 - 432301 03131/201 37.87 7314 - 431474 0812612010 6.79 446.35 147059 09/16/2010 000149 CENTRAL COAST FENCE, LW 2010-06 0911412010 32,671.80 32,671.80 1 47000 0911612016 000160 CHAPARRAL 322310 0910112010 131.03 131.03 147001 09116/2010 000163 CHERRY LANE 23303 0811912010 94.54 28817 03130/2010 59.78 154.32 147062 0911612010 000175 COAST NUT & BOLT 39135 0813112010 619.68 619.88 147063 0911612010 090173 COLD CANYON LANDFILL, TICKET 02- 577716 09/10/2010 9.00 9.00 147064 09/16/2010 095997 COOK PAGING INC 3048062 0910112010 296.64 296.64 147 065 0911612010 007710 COUNTY OF SAN LUIS 091019 0911612010 3,163.96 8,188.96 147066 0911612010 000195 CRYSTAL SPRINGS WATER 14273 08131/2010 33.80 0999787 0813112010 5.00 38.80 147007 09/16/2010 005091 JOHN DEERE LANDSCAPES 55668841 0812712010 277.01 55637042 0813012010 11.05 288.06 147068 09116/2010 006848 DNB INDUSTRIAL SUPPLY 116693 0910912010 234.24 234.24 D 147009 0911612010 007985 WILLIAM R DYER 6149 0910812010 2,893.48 2 147070 0911612010 008096 EN1 1S PAINT INC 10179144 0910112010 1 1,496.25 CL 0 _ 147071 09116/2010 603046 FAI 2010 -463 07/0912010 17 ,31.00 17 17,391.00 147072 0911612010 000240 FARM SUPPLY 405987 0810312010 397.69 M 00 411231 06/09/20'10 3'14.29 iD Page: ap kHiet Check History Listing Page: 1=412090 : 9AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Clean id Date Invoice Inv. Date Amount Paid Check Total 147073 09/16/2010 004372 GAMING TAYLOR 147074 09/1612010 000605 THE GAS C OMPANY 147075 09116/2010 000286 CITY OF GROVER BEACH 147076 09/16/2010 002983 SCILEY HARRIGAN 1 47077 09/16/2010 006097 JODY HARSH ARGE1 147078 09/16/2010 006644 IRON MOUNTAIN 1 47079 0911 6/2010 008093 TIM LOPE 147080 09/16/2010 000393 LUCIA MAR UNIFIED SCHOOL t� c� t� M 00 CA 0 147081 0911612010 008099 ANDREA IIJfCG01J't/AN 147082 09116/2010 000426 MIER EROS LANDSCAPE 418158 08/1712010 291.67 13378 08/11/2010 188.36 11 280 08/09/2010 1 52.10 408391 08/0512010 07.85 420185 08/19/2010 65.12 407311 0810412010 48.65 419620 08118/2010 8.09 426334 08/26/2010 6.47 1,570.29 10702 07/31 12010 1 1, 645.00 9/1 09/0112010 69.57 911 -211 09/01/2010 35.16 913 -200 09/0312010 33.95 9/8 -910 0910812010 21.34 913 -203 09/0312010 18.44 9/8 09108/2010 1 4.79 9/3-215 09103/2010 1.03 913 -21 09/0312010 1.03 195.31 062310 08123/2010 283.04 283.04 991310 09/13/2010 80.00 80.00 091310 09/13/2010 30.00 30.00 C G E6800 08/31/2010 150. 1 50.12 091310 09/13/2010 255.00 255.00 1 10045 09/01/2010 400.00 110036 09/01/2010 287.50 11 0047 0919112010 187.50 110040 0910112010 100.00 975.00 091610 09116/2010 150.00 150.00 170170 08/30/2010 158.78 169569 08/1212010 140.29 169217 08/0312010 108.75 170174 08/80/2010 108.75 Page: arp kMist 1010412010 Che History Listing CITY OF ARROYO GRANDE P ag e: 4 . Bank code. boa Check # Date Vendor status ClearNoid Date Invok Inv. Date Amount Paid Check Total 169775 0811 812010 87.00 170228 08/3112010 75.04 169492 08110/2010 70.69 1 69995 812512010 42.41 189251 08!0412010 30.45 822.16 147083 09/1612010 007760 O LIVIA HILLER 2019.310 0712712011 67.50 67.50 147084 0911612010 000429 MINER'S ACE HAR #41650 0712212010 57.59 K47120 09109/2010 25.75 K46557 557 0910512010 14.8 K46461 0910412010 1 K 091131201 12.13 K33219 /� 0 4.88 47076 / 3 / 201,.F 0910912010 3.12 13 1 47085 0911612010 000437 CITY OF MORRO BAY 090810 0910812010 1,368.56 1,368.56 147088 0911612010 007112 MUNICIPAL CODE CORP 126700 08/27/2010 923.68 923.68 147087 0911612010 007481 AI 1 E E N E F F 091310 09113120/0 30.00 30.00 147088 0911612010 008100 MELISSA O'NEAL 091310 0911312010 30.00 30.00 147089 0911612010 000101 ,JOEY PADGETT 091010 09!10/2010 49.78 49.75 147090 0911612010 000484 CITY OF PASO RO LES 060910 0910912010 1,901.60 1,901.60 147091 0911612010 008896 POSTAL CONCEPTS 16285 0813012010 53.18 53.18 147092 0911612010 002870 R ICOH LEASING 6996033 0911512010 162.42 162.42 147093 09116/2010 003031 ROBERTSON SUPPLY 08668 08/31/2010 216.74 216.74 147094 0911 8!2010 002 142 SAN LUIS PAPER CO 608144 0812612010 323.37 608143 0812612010 405.64 c> 607941 0812312010 160.52 11389-53 C 147095 0911612010 000575 SANTA MARIA TIRE, INC 561891 00101/2010 495.95 495.95 147096 0911612010 003838 SILVAS OIL COMPANY, INC 246556 09/02/2010 3 3,44 .17 A � A /Y M A 0 A Page■ 4 apCkH t Check History Listing Page. 5 10/04/2010 8:59AM CITY OF ARROYO GRANDE Bank coda. boa Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total 147097 09116/2010 003641 SOUTH COUNTY SANITARY 3048967 0910112010 224.32 3048511 09/01/2010 224.32 3048726 09/0112010 212.32 3049200 0910112010 11.82 672.78 1 47098 09/1612010 000602 SOUTH SLO COUNTY SANIT 0881 0813112010 147,372.57 147 147099 09/16/2010 001696 SOU A CONSTRUCTION, INC P 112010 -08 09/15/2010 258 268 1471 0911612010 004393 SP MAINTENANCE 32253 0910112010 6 6 147101 0911612010 000620 STREAT R PIPE & SUPPLY 51159305.001 0813112010 761.20 S1 164127.00 1 0812512010 171.44 S1 164634.001 08131 12010 94.60 51164582.001 0813112010 27.96 1 ,058.10 147102 09116/2010 000638 TH MA ELECTRIC, INC 10- 8090 -01 0810912010 300.00 300.00 147103 0911612010 008102 LUCIA THORNSB RY 091310 0911312010 30.00 30.00 1 47104 09/1612010 008042 TOM'S AUTO SERVICE 85 09/01/2010 69.27 69.27 147105 09/16/2010 002137 V ERIZON WIRELESS ELE S 0899876538 08122/2019 71. 71.38 147106 09/16/2010 002609 WATERBOYS PLUMBING 090910 0910912010 10,229.48 16113 08/3112010 190.00 10,419.48 147107 09/1612010 007364 THE WELL FOURSSQUARE 091310 09/1312010 30.00 30.00 1471 09/1712010 000603 CARQ U ST AUTO PARTS 7314-424109 0712312010 151.88 151.88 147 116 0912112010 000553 SLO COUNTY 092010 0912612016 25.00 26.09 147117 09/21/2010 000039 CITY OF ARROYO GRANDE V 09/2212010 530136001 0812112010 1 80.51 V 09/2212010 530132501 0612112010 174.64 c� 09/2212010 530130001 0812112010 136.11 491.16 147118 09121/2010 000096 BURTON'S FIRE, INC. 65297 09108/2010 155.55 155.55 CL 0 147119 0912112010 000603 CARQUEST AUTO PARTS 7314 - 433839 09/07/2010 69.22 7314 - 454581 09110/2010 45.61 o0 7314 - 433798 0910712010 39.67 �iD Page: apkHist Check History Listing P ag e: 19!94/2019 :5 AM CITY OF ARROYO Y RANDS Bank code; boa Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total 7314 - 433797 99!9712010 38. 55 1 93.05 147120 0912112019 999429 MINER'S ACE HARDWARE, K47619 09/14/2010 32.58 K46450 09103/2010 17.38 47046 0919012010 14.12 K33250 0911312010 11.95 1447027 0910812010 8.68 04.71 1471 99/21/2010 000441 M LLAHEY FORD 1 38305 08/31/2010 270.53 138097 08/24/2010 65.96 138709 0312512010 65.06 1 38701 08/24/201 58.82 1 38691 081251201 52.93 514.00 147122 9912112010 002751 RANGE MASTER 4436 09103/2010 132.05 4476 08/311201 104.85 4479 0812712910 21.74 255.85 1471 09/2112019 000575 SANTA MARIA TIRE, I NC 561928 09/03/2010 41 9.03 419.03 147124 09123/2010 008107 AUSTIN ALLEN Ref990106017 0912112910 5.31 5.31 147125 09/23/2010 008106 LAYLA A ALA R f099106016 0912112910 44.48 44.48 147126 0912312010 008129 JAMES F B4 LING 11 R f 9010602 09122/2019 21.92 21.02 147127 99!2312010 098104 CARLY CARL HARNEK Ref000106014 0912112910 43.39 43.39 147128 99!2312010 008119 BRIAN M EE KS Ref0901 06022 09!2212010 100.98 100.93 147120 99/23/2010 008103 SCOTT ROBERTS Ref000106013 09121/201 46.93 46.93 147130 99/23/2919 008105 BREANA STACHURA R 09121/2010 39.87 39.87 1 0912312019 007296 ABTA 991510 0911812910 70.00 70.00 c> 147132 09/23/2010 005890 CANNON 49332 08!3112019 5 0 0 250.00 147133 0912312010 099174 COASTLINE I E 3969581 08/17/2010 85.84 3.84 0 147134 0912312010 008594 LAWRENCE RUCKER 092119 09/21/2010 132.00 132.00 c� 147135 9912312010 007926 AMANDA S U C H E K 081 710 08117/2910 40. 0 40.00 M 00 00 iD Page: p kH! t Check History Listing P 7 10/04/2010 8: 9AM CITY OF ARROYO GRANDE Bank code: boa t� c� CL 0 t� M 00 Check # Date Vendor 147136 09/24/2010 004815 AIRGAS WEST INC 147137 09/24/2010 003817 All EI I PI I DE UNIFORM S CS V 09/24/2010 147138 09!24/2010 00301 A IEI IP# IDE UNIFORM SV Status ClearNoid Date Invoice 103107243 151 0004404 1 500150347 1500161710 1 5001 50343 15001617'2 1500144742 1500155969 1500167503 1500150342 1 500150340 1 1500144 1500155976 1500 1500167511 1500144748 1500155974 1500167509 1500144751 1500155977 1500107512 1500150335 1500101705 1500155978 1500144752 1500' 50344 1500101713 1500187513 1 500144745 1500155972 1500167506 1500161715 1500150343 Inv. Date Amount Paid Check Total 08/31/2010 33.81 33.81 06/17/2010 08/03/2010 08/24/2010 08/10/2010 08/24/2010 08/03/2010 08/1 7/2010 08/31/2010 08/10/2010 08/1012010 08/24/2010 08/03/2010 0811 7/2010 08/2412010 0313112010 03/93/2010 08/17/2010 08/31/2010 08/03/2010 08117/2010 08/31/2010 08110/2010 03/24/20' 08/17/2010 9810312910 08/1 0/2010 081241201 08/31/2010 08/03/2010 08/17/2010 08/31/2010 08/24/2010 08110/2010 0.00 0.00 44.99 29.00 29.00 23.52 23.02 20.25 20.25 29.25 1 9.70 19.50 19.59 19.20 19.20 19.20 19.20 18.00 1 8.00 18.09 1 7.02 1 7.02 17.02 17.00 17.09 15.50 15.00 15.00 15.00 1 5.00 1 0.50 10.50 10.50 7.75 7.25 Page: 7 apCkHist Check History Listing P age: 8 1010412010 8: 9AM CITY OF ARROYO YO GRANDE B an k code: boa Check # Date Vendor Status Clear/Vold Date Invo Inv. Date Amount Paid Check Total D t� c� CL 0 U3 c� �F o� 147139 09124/2010 008175 AQUA SALES 147140 09124/2010 000299 ARROYO GRANDE HARVEST 147141 09/24/2010 005507 AT & T 147142 09/24/2010 000055 B & T SVC STN 147143 09124/2010 000057 R BAKER, INC 147144 09124/2010 005726 BRENNTAG PACIFIC IN 147145 09124/2010 000129 CA BT EMPLOYMENT REVEL 1 5001 55975 1500150341 1500167510 1500144755 1500155981 1500167516 1500144749 1500161710 1500144743 1500155970 1500167504 1500144753 1500167515 1500150345 1500155979 15001 61714 1500107514 1500144754 1500155980 1500144744 1500155971 1500167505 0034324 -IN 092110 917 -0183 917 -7480 917 -3959 917 -3956 13070 10 -06 -4309 BP1032423 082710 08/1 712010 7.00 08/1 012010 6.50 08/31/2010 6.50 08/03/2010 6.00 0811 7/2010 6.60 08/3112010 6.00 08/0312010 6.00 08124/2010 6.00 08/03/2010 6.00 0811 7/2010 8.00 08/31/2010 6.00 08103/2010 3.50 0813112010 3.60 08110/2010 3.00 08/1712010 3.00 08/2412010 3.00 08/31/2010 3.00 08/03/2010 3.00 08/1712010 3.00 08/0312010 3.00 08/17/2010 3.06 08/31/2010 3.00 09/0212010 1 09/2 12010 500.00 09/0712010 1 88.64 09107/2010 68.81 09/07/2010 32.30 0910712010 32.30 08/31/2010 146.00 09/0212010 884.23 09113/2010 1 0812712010 8 703.84 1 , 043.95 600.00 318.85 145.00 884.23 1,386.20 8,509.00 Page: 8 D c� c� CL 0) c� �F a pkHit Check History Listing P a g e: 1010412010 8 :59AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNold Date Invoice I nv. Date Amount Paid Check Total 147146 09124/2010 006259 APTO A ASSOC OF 092310 09123/2010 40.00 40.00 147147 0912412010 000603 CARQUEST AUTO PANTS 7314 - 432316 98/3112010 6.14 6.14 147148 09/24/2010 003188 CELLULAR ONE 00524 09/2112010 54.88 54.88 147149 0912412010 001990 CHANTER 082810 0812812010 221.98 221.98 1 09/24 #2010 006039 CHEVRON & TEXACO CARD 26505368 09106/2010 56.33 147151 0912412010 000164 C HRISTIANSON CHEVROLET 73989 07108/2010 247.82 73889 07101/2010 229.16 74144 08/0212010 1 33.50 7401 0710912010 51.16 74297 0810212010 51.16 74696 09/01/2010 51.18 43998 0710812010 48.98 74547 0812012010 48.98 74532 08119/2010 48.98 74507 08 #1812010 45.57 CREDIT #74532 08 #19 #2010 - 29.4' Df EDIT##74507 08 #18/2010 -45.57 CREDIT #73998 07 #08 #201 0 -48.98 E D IT#74015 07/0912010 - 51.16 CR E D IT#74297 08 #02/2010 -51.16 CREDIT #741 08/02/2010 -1 33.50 CREDIT #73889 07 10112010 - 229.16 CREDIT #73989 07/0812010 - 247.82 119.71 1471 0912412010 006445 CLEMENT 112046 -75 0910312010 230.55 230.55 147153 09/2412010 005777 CONTRACTORS 7480 0010812010 270.90 270.90 147154 0912412010 007825 CRUZ ENTERPRISES ISES II TL 1118 08 #0212010 481.70 481.70 147155 09/2412010 000195 CRYSTAL SPRINGS WATER 70931 09/02 #2010 17.85 63949 09102/2010 15.40 33.25 147150 09/2412010 004622 CULLIGAN INDUST.WATE 102597 09107/2010 84.83 84.83 Page: app k .i t Check History Listing Page 1 1019412010 8: 9AM CITY OF ARROYO GRANDE Bank code. boa Check # Data Vendor Status ClaarlVold Date Invoice I nv. Date Amount Paid Check Total 147157 09124/2019 008112 BOB DICHIANN 090810 0919812019 1,200.00 1 147158 09124!2019 007129 TERRY ENDER 092110 9912112910 126.90 126.00 147159 9912412019 007743 FAMC N PIPE AND SUPPLY 1 23788 9919812919 261.09 261.99 147160 0912412019 090249 FARM SUPPLY CO 435413 09!97/2919 51.19 51.1 1 9912412019 097577 FAST UNDEICAR 104720 9813912919 79.49 104721 9813012919 37.46 116-86 1 4716 2 09/2412019 091 953 TONY M FERRARA 092110 0912112919 339.93 339.93 1 4716 3 0912412919 098113 FITNESS CHALLENGE 092010 9912012919 10.99 10.99 1 0912412919 094799 DEANNA FLYD 092110 9912112919 48.09 48.99 147165 0912412919 096833 FORD MOTOR CREDIT ACCT 5554100 09/23/2010 16,867-32 16,867-32 1471 09/2412019 909605 THE GAB COMPANY 911 - 1 375 09/1412010 11 4.43 9114 -111 0911412919 199.51 9/14 -359 091141291 71.95 9113 -209 N 99/1312919 39.99 326.88 147187 09124/2919 008058 RODNEY GRAY 092110 09/21/2010 40.90 40.99 147188 09124/2919 000288 CITY OF G ROVER BEACH 09211 09/21/2010 358.99 358.00 147109 9912412910 000288 CITY O F DROVER BEACH 091410 09/1412919 79.77 79.77 147170 0912412919 092405 CHUCK HARE 092110 0912112919 119.90 110.99 147171 0912412919 902829 INDFF, INC 1721444 0919312019 146.89 146.89 147172 09/24120'1 0 005201 JAS PACIFIC 13110552 09/9212019 5 5 D 147173 09124/2919 007299 GAST N 1 ETTING OLIVIER 99211 9912112919 289.09 280.99 c� 147174 09124/2910 095511 CHRISTOPHER LINTNER 992110 99/21/2919 124.09 124.99 147175 09124/2919 991138 DOUG LINTNER 992110 09/21/2010 132.09 132.09 147176 0912412019 009393 LUCIA MAR UNIFIED SCHOOL 1 10074 99!97/2910 1 c� �F N� Page: 10 apCkH!at 10104/2010 Check History Listing CITY OF ARROYO GRANDE Page: 11 Bank code. boa Check Date Vendor Statue ClearNold Date Invoice Inv. Da Amount Paid Check T 119075 99107/291 112.50 110079 09/07/ 82.50 1 10983 09/07/2010 32.50 1,782-88 147177 09124/2010 000411 MARTIN & CHAPMAN CO 210536 09/10/2010 26.58 26.58 1 4717 8 0912412010 00811 GREG MEYER 091 09114/2010 54.43 54.43 147179 09/2412010 000429 MINER'S ACE HARDWARE, K406 09/0912010 46.51 K4032 09/99/2910 26.08 K45 09/0312010 22.61 K47055 99/09/2010 11.40 K46771 0919712010 4.34 k45515 03/2612910 1.95 K2894 09/09/2010 1.95 11 4.84 1 09/24/2010 006705 ON TRAC 6909579 09/04/2010 5.00 5.00 147181 09124/2010 000481 PACIFIC GAS & ELECTRIC 9111 -520838 09111/2010 291.58 9111 781298 09/111291 22.14 9/13-190318 09/13/201 9.17 322.89 147182 0912412910 007198 PARAMOUNT CLEANERS 3287 08/31/2010 501.00 501.00 1 47183 99/24/2010 004221 PERIMETER SECU 360994 09/02/201 125.99 125.00 1471 09/2412010 000497 CITY OF PISMO BEACH 092310 09/23/2010 3,639.92 3 1 47155 09/24/2010 992 PR 01 85090494 981231201 208.49 208.49 147186 0912412010 002751 RANGE MASTER 4348 0811112010 5.43 5.43 1 0912412010 002825 RESERVE ACCOUNT 092310 0912312010 1 1 200.00 1 147188 09/2412010 000531 RCHETTI COMPLETE WATER 84772 0910112010 15-00 15.00 1 0912412010 003849 CHARLES D (DON) RUIZ 992110 0912112010 72.00 72.00 c� 147190 09/2412010 000538 S & L SAFETY PRODUCTS 452655 08/26/2010 1 173.89 147191 0912412010 000545 CITY OF SAN LUIS OBISPO 091310 09/13/2010 9 992019 0912012010 850.45 9 �F w� Page: 11 a kHist Check History Listing Page: 12 10104/2010 8:59AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Clear/Vold Date Invoice Inv. Da Amount Paid Check Total 147192 09/24/2010 002 SAN LUIS PAPER CO 608757 09/0312010 878.23 60890 09/07/2010 - 1.11 337.12 147193 09/24/2010 007416 JULIO SANC EZ 020880150371 09/06/2010 150.00 180.00 1 47194 09/24/2010 006080 MARTINA SAR IIENTD 092110 09121/2010 20.00 20.00 1 47195 09/24/2010 000681 SUSAN S E- L I F FO RD 10-0902-6 09102/2010 12, 603.78 1203.78 147196 09124/2010 000564 SLO COUNTY NEWSPAPERS 6900329 08/2912010 631.27 6904210 9/1312010 328.00 690091 0812912010 130.06 6902180 08/1812010 130.05 6904412 0812712010 66.47 1, 286.84 1 0912412010 000598 SNAP -ON TOOLS CORP 1 99861 09108/2010 400.20 199067 09/0112010 126.97 627.17 147198 0912412010 000609 BOB SPEAR 092110 0912112010 110.00 '110.00 147199 0912412010 008072 TERIIINEX INTERNATIONAL 090110 0910112010 609.00 609.00 147200 0912412010 005305 TODD ENGINEERS 092110 0912112010 15,093.20 092310 0912312010 61847-63 21,940-83 1 47201 0912412010 006552 TRAUB ASSOCIATES 967 0911612010 7,952.00 7 147202 09/24/2010 006551 UNITED STAFFING ASSOC. 071 551 0910812010 1 1,063.60 147243 0912412010 006364 UNIVERSITY ENTERPRISES 091610 0911612010 109.04 109.04 147204 0912412010 0077231 VILLAGE FRAMING 3103 0911512010 268.27 258.27 147205 0912412010 008116 JULIE WAGNER 092010 0912012010 36 -00 36.00 D 147206 09124/2010 002609 WATERBO S PLUMBING 10150 09/0212010 130.50 130.50 147207 0912412010 000689 WEST PAYMENT CENTER 8212762 58 09/01/2010 157.0 157.50 CL 147208 0912412010 008118 ROXANNA ZARNEGAR 092010 0912012010 80.00 80.00 147214 0912812010 001432 ALL TAR FIRE EQUIPMENT, 146346 0911412010 277.05 277.0 c� �F 44h� P i a: 12 apCkH! t Check History Listing P 13 10104/2010 8 :69AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Dle rNoid Date Invoice Inv. Date Amount Paid Check Total 147215 09/28/2010 005709 AMERICAN MESSAGING L5- 245715 09/15/2010 11.41 11.41 147216 09/23/2010 003108 CITY OF ARROYO GRANDE 530135001 08/21/2010 180.51 530132501 08/21/2010 174.54 530130001 08/21/2010 1 36.11 491.16 147217 09/28/2010 005507 AT & T 917 -3953 09/07/2010 32.30 32.30 14721 09/28/2010 000096 BURTON'S FIRE INC. 65071 09/1 6/2010 1 63.17 168.17 147219 09/28/2010 000198 L N CURTIS & SONS 11996210/ 09/14/2010 64.71 64.71 147220 09/28/2010 008123 FIRST LINE GLOVES ES I NC 27161 09/09/2010 77.13 77.13 147221 09/28/2010 004772 FISHER SCIENTIFIC CO LLC 2560404 09/07/2010 396.51 308.51 147222 09/28/2010 000605 THE GAS COMPANY Y 9/14 -701 ROCK AWAY 09/14/2010 316.86 316.86 1 47223 09/28/2010 000288 CITY OF GR1ER BEACH' ACCT 14073 09/14/2010 75.69 ACCT 14072 09/14/2010 81.21 126.90 1 47224 09/28/2010 000468 OFFICE DEP 532131 054001 09/01/2010 11.66 11.65 1 47225 09/2812010 002751 RANGE MASTER 4514 09/13/2010 558.96 4480 08131/2010 485.91 4499 09/09/2010 346.80 4497 09/09/2010 304.28 4500 09/0912010 234.08 4498 09/0912010 182.87 4502 09/09/2010 176.88 4520 09/14/2010 165.26 4504 0910912010 106.56 4522 09/1 5/2010 103.1 4496 0910912010 161.07 D 4501 09109/2010 62.21 4524 09/15/2010 34.60 C 4503 09109/2010 21.74 4323 08/06/2010 - 173.93 2 147238 09/30/2010 007710 COUNTY OF SAN LIT 092710 09127/201 1 1 1 102.24 �F Page: 13 apCkHist Check History Listing Page: 1 10/0412010 8:59AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor status ClearNo Date Invoice Inv. Date Amount Paid Check Total 147239 09/30/2010 007571 CAL POLY CORPORATION 092010 09130/2010 2 2 147240 0913012919 907892 CALIFORNIA STATE PARKS 090410 0910412010 949,99 949.99 1 47241 09/30/2010 000545 CITY OF SAN LUIS OBISPO 092510 0912512010 1,300.90 1,300.90 boa Taal: 639 176 checks in this report Total Checks: 639 D c� c� CL 0 c� �F Page: 14 ATTACHMENT CITY of ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION TION PAY PERIOD 91312019 - 9/161201 09124/18 FUND 019 396 FUND 220 16 FUND 226 1,890.48 FUND 284 3,612.55 FUND 266 1 FUND 290 199 FUND 612 5 FUND 640 26 + 893.45 Holiday Pay 466 OVERTIME BY DEPARTMENT: T: Adman. support Services - Community Development - Polle '19,738.04 Fire 5 Govrnment Bldg paint. - Engfneering - Fleet Maintenance - Parks - Fecreation - Adrn - ec - Special Events - hildren In Motion - S to Sport Complex - Public Works s Maint nance 896.84 5123 17,083.54 5101 Salaries Full time 296,959.52 5102 salaries Part -Tire - PPT 1 5,694.15 5193 Salaries Part - Time - TPT 27,558.94 5195 Salaries OverTime 17,683.54 5107 Salaries Standby 357.00 5168 Holiday Pay 16,684.62 5109 Bich Pay 5,211.82 5110 Annual Leave Buyback - 5111 Vacation Buyback 466.95 5112 sick Leave Buyback 5113 Vacation Pay 12,390.44 5114 Comp Pay 4,003.92 5115 Annual Leave Pay 6 5121 PERS Retirement 78 5122 social Security 21,864.57 5123 PADS Retirement 553.49 5126 State Disability Ins. 1 5127 Deferred C ompensation 736.59 5131 Health Insurance 43,602.48 5132 Dental Insurance 4 5133 Vision Insurance 1 5134 Life Insurance 590.01 5135 Long Terra Disability 988.68 5143 Uniform Allowance - 5144 Car Allowance 675.00 5146 Council Expense - 5147 Employee Assistance 222.30 5148 Boot Allowance - 5149 Motor Pay 159.66 5150 Bi- Lingual Pay 125.00 5151 Cell Phone Allowance 340.00 466, 753.80 Agenda Item 8.a. Page 17 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.a. Page 18 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVEL PMENT AGENCY TUESDAY, SEPTEM ER 14, 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council /Redevelopment Agency meeting to order at 7:10 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member ber wren Ray, Council /Board Member Chuck Fellows, Council /Board Member Joe Costello, Mayor Pro Tem ice Chair Jiro Guthrie, and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager/Executive Director Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk belly Wetmore, re, Chief of Police Steve Annibali, Fire Chief Michael Hubert, Director o f Recreation and Maintenance Services, and Community Development Director Teresa McClish. 3. FLAG SALUTE A representative of the Arroyo Grande Masonic Lodge 287 led the Flag Salute. 4 . INVOCATION Pastor Randy Ouimette, Saint John's Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring September as varian Cancer Awareness Month Mayor Ferrara presented an Honorary Proclamation declaring September as Ovarian Cancer Awareness Month. Maureen Clancy accepted the proclamation. 8. AGENDA REM EII 6,a. Ordinances Read in Tale Only. Council /Board Member Fellows moved, Council /Board Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all farther readings be waived. 7. CITIZEN' I PUT, COMMENTS, AND SUGGESTIONS Patter Welsh Pradera Court, referred to awnings on buildings in the Village and expressed concern with the taut, red awning on the building where the Chocolate Sheep business is going in, which she finds offensive. Mayor Ferrara acknowledged the Supplemental memorandums distributed and received by the Council regarding items 8.m., 8.n., and 8.q and noted that public revie w copies were available. 8. CONSENT AGENDA Mayor /Chair Ferrara invited members of the public who wished to comment n any Consent Agenda Item to do so at this time. Agenda Item 8.b. Page 1 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, September 14, 2010 Page 2 Patty Welsh, Pradera Court, referred to Item.8.l. (Approval of the Renovation of the Elm Street Off Leash Dog Park) expressed concern about the dust particles in the air in and around the dog park and requested an update on the status of this project. Mayor r Ferrara explained that the proposed action on this item would approve the plan as presented in the staff report to install wood chips in the dog park to replace the grass, as well as installation of several planter pots with landscaping and related above ground irrigation. Upon hearing no further comments, Mayor/Chair Ferrara closed the public comment period. Council /Board Member Fellows requested Items 81, 8.m. and 8.q. be pulled. Action: Council /Board Member Costello moved, and Council /Board Member Ray seconded the motion to approve the Consent Agenda, with the exception of Items 8.I. 8.r. and 8.., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Ray, Fellows, Guthrie, Ferrara NOES: None ABSENT: None 8,a. Cash Disbursement Ratification. Acton. Ratified the listing of cash disbursements for the period August 16, 2010 through August 31, 2010. 8,b. Consideration of Approval of Minutes. Action. Approved the minutes of the Special City Council Meeting of August 10, 2010, and the Regular City Council/Redevelopment Agency Meeting of August 10, 2010, as submitted. 8.. Consideration of Conflict of Interest Code Biennial Review. Action: 1 Adopted Resolution I . 4303 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITY OF ARROYO GRANDE'S CONFLICT OF INTEREST CODE INCLUDING AMENDED APPENDICES F DESIGNATED POSITIONS AND DISCLOSURE RE CA TE RIES "; and 2 the RDA Board of Directors received and filed the 2010 redevelopment Agency Conflict of Interest biennial notice. 8.d. Consideration of Appointment to the Citizens' Transportation Advisory Committee. Action: Approved the appointment of Steve Foss to the Citizens' Transportation Advisor} Committee CTAC . 8.e. Consideration of Approval of an Agreement for Contractor Services with DataArc, LLC. Action: Approved and authorized the Mayor to execute an Agreement for Contractor Services with DataAr , LLC for document imaging services. 8.f. Consideration of Approval of Funding for Information Technology IT Managed Services, and Work Management System Training. Action: Appropriated $7,000 from the General Fund for Information Technology IT Managed Services and Work Management System. Agenda Item 8.b. Page 2 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, September 14., 2070 Page 8.g. Consideration of Approving an Auction services Disposition Agreement and Addendum to Auction services Disposition Agreement with "PropertyRo m.cor " (PRC). Action; Approved and authorized the City Manager to execute an Auction Services Disposition Agreement and Addendum to Auction Services Disposition Agreement with PRC for the purpose of consigning property and evidence items. 8.h. Consideration of a License Agreement to Provide for the Use of Real Property for a Police Department Firearms Range. Action; Approved the License Agreement with the Arroyo Ranch Company as outlined in the Agreement and authorize the mayor to execute the License Agreement. 81 Consideration of Acceptance of streets Resurfacing in the Vicinity of Arroyo Grande High school, PW P ' 2010 -08. Action: 1 Accepted the project im provements as constructed by Souza Construction, Inc. in accordance with the plans and specifications for the Streets Resurfacing in the Vicinity o Arroyo Grande High School Project; 2 Directed staff to file a Notice of Completion; and 3 Authorized release of the retention, thirty -five 35 days after the Notice of Completion has been recorded, if no liens have been filed. 8.. Consideration of Temporary Use Permit 10 -013 Authorizing Closure of City Streets and Use of City Property for the 3" Annual Arroyo Grande Valley Harvest Festival, Friday and Saturday, September 24-25, 2010. Action: Adopted Resolution No. 4304 as follows: "A RESOLUTION OF THE CITY COUNCIL NCIL F THE CITY OF ARROYO GRANDE APPROWNG TEMPORARY USE PERMIT 10!013, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 73 ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL., FRIDA A 1 D SATURDAY, SEPTEMBER 24-25., 2010J t 8.k. Consideration of Acceptance of Public Improvements and Easements for Tract 2236. Action: Adopted Resolution No. 4305 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPRo 1 EMEN TS FOR TRA C T 223 6 CONS TR L C TED B Y MA NGA NO HOMES 1 8.n. Consideration of a Resolution to Grant Another Designated Period for Two Years Additional service Credit with the California Public Employees' Retirement System for the Classification of Facility Coordinator. Acton. 1 Approved and authorized the Mayor to sign on behalf of the City Resolution No. 4306 as follows: "" RESOLUTION TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT "; and Authorized the Mayor to sign the Certification of Compliance With Government Code Section 20303. 8.o. Consideration of Fire Truck/Aerial Apparatus Agreements. Action: 1 Approved a Use and Operation of Fire Apparatus Agreement with the Five Cities Fire Authority; and 2 Approved a Fire Truck /Aerial Apparatus Cooperative Agreement with the cit of Grover Beach and Oceano Community Services District. 8.p. Consideration of an Amended and Restated Agreement of Purchase and sale and Improvement with Nicholas J. Tompkins. Action: Approved and authorized the City Manager to e an Amended and Restated Agreement of Purchase and Sale and Improvement with Nicholas J. Tompkins. Agenda Item 8.b. Page 3 Minutes: : City CouncillRedevelopment Agency Meeting Tuesday, September 14, 2010 ITEMS PULLED FROM THE CONSENT AGENDA Page 8.1. Consideration of Approval of the Renovation of the Elm street off Leash Dog Park. Recommended Action: 1 Approve the proposal for renovations of the dog park; and 2 Direct the City Clerk to file a Notice of Determination. In response to concerns expressed by Council Member Fellows regarding Round -Up applications on the grass as it relates to protection of the trees Director Perrin said precautions would be taken to protect the trees and a (nand spray would be used to ensure careful application in certain areas. Mayor Ferrara suggested it may be beneficial to put a 2xl 2 board down before spraying to avoid the spray going through the fence to other grass areas. In response to questions from Mayor Pro Term Guthrie regarding cost estimates, Director Perrin clarified the proposed cost is for materials only; that City staff would be applying the Found -Up; the Five Cities Dog Park Association would be responsible for the labor related to the improvements; and explained the proposed above - ground irrigation methods for the planters. Manor Ferrara commented that members of Arroyo Grande In Bloom would provide the plants and volunteer labor and may make another recommendation regarding the irrigation. Action. Council Member Fellows moved to approve Item 8.1. as recommended. Mayor Pro Tern Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Fellows, Guthrie, Costello, Ray, Ferrara NOES. None ABSENT: None 8.rn. Consideration of an Award of Contract to Barajas & Associates, Inc. for the Tally Ho Sidewalk Improvement Project, PW 2009-07. Recommended Action: 1 Award a contract for the Tally Ho Sidewalk Improvement Project to Barajas & Associates, Inc. in the amount of $84,211; and Authorize the City Manage to approve change orders for 10% o f the contract amount, $8 for unanticipated costs during the construction phase of the project. Council Member Fellows clarified for the record that the large Silver Maple Tree on Tally Ho Road would be saved and the small maple tree would be removed. Director M Cli h confirmed that the sidewalk would be reduced in width to sage the large tree. she also clarified that the project would not have to be rebid. Action: Council Member Fellows moved to approve Item 8.m. as recommended. Council Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Fellows, Costello, Guthrie, Ray, Ferrara NOES: None ABSENT: None Agenda Item 8.b. Page 4 Minutes: city CouncillRedevelopment Agency Meeting Page Tuesday, September 14.,2010 8.q. consideration of Resolutions Approving, Authorizing and Directing Execution of Lease Purchase Financing Documents for Acquisition of 300 East Branch street. [CC/RDA] Recommended mended Action: RDA Board 1 Adopt a Resolution approving, authorizing and directing execution of certain lease - purchase financing documents and authorizing and directing related actions; city council 2 Adopt a Resolution approving, authorizing and directing execution of certain lease - purchase financing documents and authorizing and directing related actions; city council 3 adopt a United States Department of Agriculture Loan resolution; and City council approve amending the capital Improvement Program to appropriate $855,000 from the sale of land to the city Hall project for the purchase of the property at 300 East Branch Street. Council Member Fellows requested a separate roll call vote on this item. Action: council /Board Member Ray moved to approve staff's recommendation, which included the following Resolutions, as follows: "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ARROYO GRANDE REDEVELOPMENT AGE C APPR VI1 G, AUTHORIZING RANG Al D DIRECTING EXECUTION F CERTAIN LEASE-PURCHASE FINAN ING DOCUMENTS FOR TIME ARROYO GRANDE REDEVELOPMENT PIII EI T ASE CY. AND AUTHORIZING AND DIRECTING RELATED ACTIONS "% "'A RESOLUTION OF CITY COUNCIL CIL F THE CITY OF ARROYO GRANDE APPROVING, AUTHORIZING AND DIRECTING EXECUTION F CERTAIN LEASE-PURCHASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING RELA TED A T1 NS's. "A [ NITED STA TES DEPARTMENT of A GRICUL T# RE L A 1 RESOLUTION; and amending the capital Improvement Program to appropriate $855,000 from the sale of land to the city Hall project for the purchase of the property at 300 East Branch Street. Council /Board Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Flay, Costello, Guthrie, Ferrara NOES: Fellows ABSENT: None 9. PUBLIC HEARINGS None. 10. C ONTINUED BUSINESS: None. 11. NEW BUSINESS 11.a. consideration of Appeal Case No. 10-001; Applicant. In-I -Out Burger - Request for a Recessed LED Lighting system. Community Development Director McClish presented staff report and recommended the Council consider the applicant's appeal of the Planning Commission's denial of a request for a recessed LED lighting system and adopt an appropriate resolution related to its decision. Agenda Item 8.b. Page 5 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, September 14,, 2010 Page Jeff Emericl , Daring Taylor & Associates, representing the applicant, displayed photographs; provided an o verview o f the proposed recessed LED lighting; provided examples of existing businesses on W. Branch Street which have LED lighting; noted that buildings within the Five Cities center are not allured to have such lighting, and clarified that the In N Out building is not officially a part of the Five Cities Center; and requested the Council uphold the appeal and approve the proposed recessed LED lighting system. Council questions ensued regarding the proposed recessed LED lighting, and whether it could be limited to the freeway side of the building only. Mayor Ferrara invited comments from those in the audience who wished to be heard on the m atter. Susan Flores, E. Branch Street, spore in support of the proposal. Steve Foss, Garden St. referred to advantages of LED lighting, including lower costs, visually less intrusive; reduced light pollution, and noted they will become more and more part of the commercial segment. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Brief discussion ensued regarding the trees along W. Branch Street and whether they could be pruned or shaped to reduce obstruction of the building. Director McClish responded that Council could direct staff to prune the trees. Council Member Costello commented that in comparison to neon lighting LED lighting is better; had no problems with the LED lights as proposed; would support requiring the LED lighting on one side of the building facing the freeway; noted the lighting would increase visibility of the restaurant from the freeway; and supported the appeal. Council Member Flay stated that she did not see any reason to overturn a unanimous vote of the Planting Commission, and the trees could be trimmed to provide enough visibility from the freeway. Council Member Fellows commented that perception is everything and the I n , N Out restaurant is a part of the Five Cities Center; believed the lighting provides visual clutter and light pollution; believes the lighting to be a detriment that would not help the building or the community; preferred to preserve the rural character o f the City; and supported the Planning Commission's denial. Mayor Pro Tern Guthrie sup ported the Planning Commission's denial and stated he would not support the proposed lighting. Mayor Ferrara believed the indirect halo look is appealing; said he was not sure the building is that much higher than the existing trees; believed that the trees do obscure the building; did not believe this would set a precedent; that the cC &la's regarding lighting apply to the Five cities Center and clarified that there are two other separate lots that are independent from the Center; Agenda Item 8.b. Page 6 Minutes: es: City CouncillRedevelopment Agency Meeting Tuesday, September 14, 2010 Page believed it would not lead to light pollution but would enhance the area; stated it would improve the overall look of the building; and supported installation of the recessed lighting. Action: Council Member Fellows moved to approve a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL of THE CITY of ARROYO GRANDE DENYING AN APPEAL FILED BY IN -N-OUT BURGER AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A REQUEST To MODIFY EXTERIOR LIGHTING ELEVATIONS To INCLUDE A RECESSED LED LIGHTING SYSTEM (APPEAL CASE No. 10-001 of ARCHITECTURAL REVIEW CASE No. 10-002). Council Member r Ray seconded, and the motion passed on the following roll call Grote: AYES: Fellows, Far, Guthrie NOES: Costello, Ferrara ABSENT: None 11.b. Consideration of Exclusive Negotiation Agreement with Legacy Hospitality for Purchase and Hotel Development at the Vacant Parcel owned by the Redevelopment Agency at Faeh street and Ell Camino Real. [CC /RDA] City Manager/Executive Director presented the staff report and recommended the Council/RDA Board approve the proposed Exclusive Negotiation Agreement Frith Legacy Hospitality for purchase and development of a hotel at the vacant parcel o wned by the Redevelopment evelopment Agency at Faeh Street and El Camino Beal. Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council /Board questions ensued regarding proposed parking, if the project could meet the goals of the City's Green Corridor by being constructed as a green building: whether the project would receive any Redevelopment Agency assistance; and how the developer would prevent a similar situation from happening that has occurred with the Hampton Inn hotel project. o[ an Burkett representative, responded that they have opened their first LEER certified hotel and they are a green oriented company; and briefly addressed similar projects they have been involved with. He also requested a change in the name of the contracting company from "Legacy Hospitality" to "Investel, Inc. Council comments ensued in support of the proposed Exclusive Negotiation Agreement and the applicant was encouraged to talk with the neighbors on Faeh street early on in the process. Action: Mayor Pro TemNice Chair Guthrie moored to approve the proposed Exclusive Negotiation Agreement, as amended with a name change to Investel Inc., for purchase and development of ar hotel at the vacant parcel owned by the Redevelopment Agency at Faeh Street and El Camino Real. Council /Board Member Costello seconded, and the motion passed on the following roll call Grote: Agenda Item 8.b. Page 7 Minutes: city CouncillRedevelopment Agency Meeting Page Tuesday, September 14,, 2010 AYES: Guthrie, Costello, Fellows, Flay, Ferrara NOES: None ABSENT: lone Mayor /Chair Ferrara called for a break at 8:15 p.m. The Council reconvened at 8:25 p.m. 11.c. consideration of Annual Local sales Tax Appropriations and Allocation Deport and -fear Plan. City Manager Adams presented the staff report and recommended the Council: 1 Approve the proposed Annual Local Bales Tax Appropriations and Allocation Report; 2 Approve the proposed revised local sales tax appropriations for FY 2010 -11; and 8 Approve the proposed Local Sales Tax -bear plan. He then responded to questions from Council. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Susan Flores East Branch Street, commented on the delay of the improvements along the Paulding Wall; expressed concerns about debris falling into the street during the rain; suggested pu#ting the police station bond measure back on ballot as she thanks the public did not understand the measure and there needs to be more public education; and stated she did not see funds programmed to retrofit the public bathrooms. Hearing no further comments, Mayor Ferrara closed the public comment period. City Manager Adams clarified that the Paulding Wall was not a renovation project, it will be an extension of the wall for the purpose of erosion control; noted that it is a historical wall which has a number of complicated issues associated with it; and that both improvement projects are being delayed so they could be coordinated. He also noted that the City is working with the developer to upgrade the exterior of the public rest rooms and clarified the use of City funds for the interior improvements. Brief discussion ensued regarding the many project accomplishments this year, including the West Branch resurfacing project and resurfacing of the streets around Arroyo Grande High School; a suggestion to clarify the specific timeframe in a Fiscal Year on the report; that the City is being fiscally responsible as it relates to the Pavement Management Program; some concern for the long term viability of the capital improvement program; acknowledgement that once the El Camino Deal project is done all major street projects will be done; that grant money may be available in the future through BLCG; and support for the proposed Annual Report and - Year Plan. Action: Council Member Costello moved to approve the proposed Annual Local Sales Tax Appropriations and Allocation Report; approve the proposed revised local sales tax appropriations for FY 2010 -11; and approve the proposed Local Sales Tax -Year plan. Council Member Fellows seconded, and the motion passed on the following roll call vote: Agenda Item 8.b. Page 8 Minutes: City CoundilRedevelopment Agency Meetin Page Tuesday, September 14, 2010 AYES: Costello, Fellows, Flay, Guthrie, Ferrara NOES: None ABSENT: None I I .d. Consideration of League of California Cities Annual Conference Resolutions. City Manager Adams presented the staff report and recommended the Council provide direction regarding City positions on the League of California Cities resolutions. Mayor Ferrara noted that Council Member Ray would be the primary delegate and recommended Mayor Pro Tern Guthrie as the Alternate. The Council concurred. Mayor Ferrara provided background information on the proposed annual Conference Resolutions of interest to the City and the Council provided feedback and direction to the voting delegate in support of Resolution olution No. 1 (League Bylaws Amendment), , Resolution 3 ( AB32/SB375), and Resolution No. Unfunded State Mandates). 12. CITY COUNCIL REPORTS: Mayor Ferran requested, and the Council concurred, to postpone City Council reports until the next meeting. 13. C ITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER AGE ITEMS: None. 15. COUNCIL COMMUNICATIONS: None. 18. STAFF COMMUNICATIONS: None. 17. COMMUNITY IT COMMENTS AND SUGGESTIONS: eke Turley AGP V ideo, explained that the Charter Communications connection was off -line briefly due to system upgrades, but it was now back up and running. 18. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 91 p.m. Agenda Item 8.b. Page 9 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, September 1 ,, 2010 Tony Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, City Clerk/Agency Secretary {Approved at CC Mtg Page Agenda Item 8.b. Page 10 R o I � MEMO rn ,DULY 10, 41 To: CITY COUNCIL FROM: TER ESA MCCLISH, DIRECTOR F of COMMUNITY DEVELOPMENT Y: DARRYL MIMICS , PLANNING INTER SUBJECT: CONSIDERATION of TEMPORARY USE PERMIT CASE No. 10-01 AUTHORIZING "HALLOWEEN IN THE VILLAGE" AND DIRECTING STAFF To IMPLEMENT RELATED SAFETY MEASURES INCLUDING No PARKING ZONES,STREET CLOSURES AND WARNING DEVICES ON SUNDAY, OCTO 31, 2010 DATE: OCTOBER 12, 201 RECOMMENDATION It is recommended the City Council adopt a Resolution approving Temporary Use Permit 10-017 and authorize Halloween in the pillage and direct staff to implement safety measures including closure of East and West Branch Street between Traffic Way and Mason Street, no parking zones and the detour of automobile traffic on Sunday, October 31, 2010. FINANCIAL IMPACT: Direct equipment and staffing costs to facilitate closure of East and Hest Branch Street between Traffic Way and Mason Street and establish a detour route totals $1,225 ($225 water barricades and directional signs and $1,000 for Street personnel). Funds for the event will be shared between the City and the pillage Improvement Association. B ACKGROUND: Halloween in the Village consists of a voluntary closure of the majority of East and Vilest Branch Street businesses on October 31 to allow merchants an opportunity to pass out candy to young children in a safe daytime environment. This loosely organized tradition has occurred for at least 13 years and has been informally promoted through the pillage Improvement Association (VIA). Although the event is not advertised outside of the city, attendance has steadily increased with an estimated 2,500 children participating in the last to years. To staff's knowledge, there has never been an injury or incident. However, three years ago, due to the increasing number of children present during the event, the Council authorized the event under the Temporary Use Permit process and implemented additional safety measures, including no parking on portions of East and Vilest Branch Street, closing Short Street and directing the use of delineators, safety tape and caution signs. At that time, the Council also considered closing East and Vilest Agenda Item 8.c. Page 1 CITY COUNCIL TP -01 OCTOBER 12, 201 PAGE 2OF3 Branch Street, but did not implement the option due to many disadvantages associated with closing the street during high peak traffic and delivery hours. This year, staff has reviewed the historical functioning of the event, including obtaining valuable input from the Police Department, which has been coordinating and providing traffic and pedestrian control during the event. ANALYSIS of ISSUES* T he purpose of the Temporary Use Permit, street closure and ether measures are to increase pedestrian safety by reducing pedestrian and vehicle interaction related to the crowds of children and parents who congregate and circulate on both sues of the four - block core of the pillage during the event. Prior to implementing the street closure, large numbers of participants filled the sidewalks at many points and crossed at uncontrolled intersections with the help of crossing guards. Full street closure and safety measures were successfully implemented last year with no incidents observed or reported. Staff recommends closure of West and East Branch Street from Traffic Way to Mason Street including the placement of grater filled barricades; placement of "No Parking" signs mounted on delineators 48 hours in advance on Vilest and East Branch Street; a small section of "No Parking" at the corner of Mason Street and Nelson Street to allow turning movement for commercial trucks); closure of intersections or major driveways onto East and Vilest Branch Street; including Bridge Street, Short Street, the Car Corral, and Nevada Street; and implementation of a detour which routes automobile and truck traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened turning lane on East Branch Street at Mason Street for commercial trucks. ADVANTAGES: A full street closure will provide a safer environment for participating children and will allover the children to cross the street at any location and help the event to operate more efficiently. This option does improve safety at uncontrolled intersections as compared to the use of crossing guards and decreases the number of Police Officers and crossing guards needed. DISADVANTAGES: The closure of East and Vilest Branch Street on Sunday, from 2;30 PM to :30 PM would cause for a temporary diversion of vehicular traffic. 0 SCAT bus routes would be minimally impacted. 0 Commercial deliveries could be delayed and/or impacted and large trucks may have to be diverted to Nelson Street. Parking would be prohibited on East and Vilest Branch Street after 2:30 PM in order to clear the street and ensure that no vehicles will be moving in the closed area when child are present. Agenda Item 8.c. Page 2 CITY COUNCIL TU P 10-017 OCTOBER 12, 201 PAGE 3 of 3 The street closure will reduce available parking in the Village Core by approximately loo on-street spaces although Le Point Street and 01ohan Alley provide substantial off- street parking opportunities. There may be complaints regarding commercial and general vehicular traffic routed through the residential neighborhood on Nelson Street. There may be complaints regarding limiting customer access to focal businesses. Since a limited number of businesses cast of Mason Street participate in the event, pedestrians crossing Mason Street will slow traffic turning off and onto East Branch Street, thus reducing the ability to reroute traffic around East Branch Street. Therefore, staff is unsure of the level of traffic delay that will result. The closing of East and Vilest Branch Street will cause increased automotive congestion on detour routes that may be utilized by pedestrians walking to and from the event. This may act only to displace automotive and pedestrian interaction to areas that are less controlled. ENVIRONMENTAL REVIEW: This temporary event is categorically exempt from environmental review per CEA Section 15301 c. PUBLIC NOTIFICATION AND COMMENTS: A condition of approval has been developed, which will require the applicant to notify property owners and businesses located within the area of street closures and restricted parking. In addition, the Agenda was posted in front of City Hall on Thursday, October 7, 2010. The Agenda and report were posted on the City's website on Friday, O ctober g, 2010. No public comments were received. Attachments 1. Map Agenda Item 8.c. Page 3 RESOLUTION No, 1 RESOLUTION TION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE E APPF O ING TEMPORARY Y USE PERMIT CASE No. 10-017 AUTHORIZING ING "HALLO IIEEN IN THE VILLAGE" AND DIRECTING STAFF To IMPLEMENT RELATED SAFETY MEASURES INCLUDING No PARKING ZONES AND STREET CLOSURES ON SUNDAY, OCTOBER 31, 2010 WHEREAS, EAS, the Arroyo Grande V illage Improvement Association (VIA), acting as a coordinator for individual merchants wishing to participate in "Halloween in the Village," applied for a Temporary Use Permit for the purpose ensuring the safety of the children who will be visiting various pillage businesses; and WHEREAS, the implementation of safety measures including no parking zones and street closures will help to facilitate a safe Halloween for all Citizens participating in the event and traveling through the Village area; Noll, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 10-017 authorizing the following actions, subject to the conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference: 1. The establishment of a "o Parking" zone on East and vest Branch Streets between Traffic Way and Mason Street between the Fours of 2:30PM and 5:3 P I. 2. "No Parking" at the corner of Mason street and Nelson Street to allover turning movement for commercial trucks). 3. The closure of hest and East Branch Street from Traffic Way to Mason Street between the hours of 2:30P 1 and :30PI I. 4. The closure of intersections or major driveways onto East and hest Branch Street including Bridge Street, Short Street, the Car Corral, and Nevada Street; 5. The implementation of a detour which routes automobile and trucks traffic onto Traffic Way, Nelson Street and Mason Street and delineating a widened turning lane on East Branca Street at Mason Street for commercial trucks. 6. The applicant shall be refunded the Temporary Use Permit application fee. on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 12 day of October 2010. Agenda Item 8.c. Page 4 RESOLUTION N. PAGE TONY FER AI A, MAYOR ATTEST: KELLY 11ETM E, CITY CLERK APPLIED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. C R EL, CITY ATTORNEY Agenda Item 8.c. Page 5 RESOLUTION No, PAGE 3 EXHIBIT " A " CONDITIONS of APPROVAL FOR TEMPORARY USE PERMIT No. 10-017 This Temporary Use Permit authorizes "Halloween in the pillage" and directs staff to implement related safety measures including no parking zones and street closures on Sunday, October 31 2010. GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department including the attached map, attached hereto and incorporated herein by this reference. 3. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 10-017. 4. The applicant shall agree to defend at hisher sole e any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative to relinquish such approval. The applicant shall reimburse the City, its agents, officers, o r employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his /her obligations under this condition. 5. The applicant shall notify all effected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event. 6. The funds generated from the event shall be shared between the City and the pillage Improvement Association. 7. The applicant shall clean up all debris associated with the event to the satisfaction of the Director of Recreation and Facilities. Agenda Item 8.c. Page 6 V r - . 00 0 cm E m 2 a m El THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.c. Page 8 pAR0 �6s 0 INCORPORATED rM JULY 10, 1911 J C %,4 MEMORANDUM To: CITY COUNCIL. VIV FRONT: TER ESA MCCLISH, oMMUNITY DEVELOPMENT DIRECTOR BY: JEREMY FREUND, CONSULTANT SENIOR PLANNER SUBJECT: CONSIDERATION To APPROVE THE CONSTRUCTION PLANS AND SPECIFICATIONS AND ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION of RESERVOIR OII #6 ON STAGECOACH ROAD AND O O BOOSTER STATION UPGRADE DATE. O CTOBER 12, 201 RECOMMENDATION: It is recommended the City Council: 1. Adopt A Resolution adopting the Mitigated Negative Declaration and approving construction documents and specifications prepared for Reservoir #6 and the Oro B ooster Station Upgrade; 2. Approve the (Mitigation Monitoring Plan in compliance with CE QA Section 15097; and 3. Direct the City Clerk to file the Notice of Determination. FINANCIAL IMPACT: The amended Capital Improvement Program budget includes $827 for the Reservoir #6 Construction and Oro Booster Station Upgrade projects. The Engineer's Estimate is $600,000. An additional $80,000 is estimated for by -pass pumping, SCADA system, and specialized inspection associated with the project. B ACKGROUND: In 1978 the City accepted the Reservoir 3 parcel as part of a subdivision approved in San Luis Obispo County that was sized for two water storage tanks. Reservoir 8 was subsequently located o the parcel to allow room for a second tank in the future. The City's 1998 Water Master Plan prepared by Wallace Group evaluated The Oro and the Rancho Grande pressure zones and the storage capacity of Reservoirs rvoirs #3 and #5 in those respective zones. The report indicated that Reservoirs #3 and #: which are at the same overflo w elevation, should be connected to allow for system redundancy in either zone. A subsequent Wallace Group study dated August 1, 2008 indicated the need for additional water storage somewhere within these tvvo zones due to development and annexations that exceeded previous projections. At that time, due to costs of consolidating the two zones, the need for additional storage and reliability, the Agenda Item 8.d. Page 1 CITY COUNCIL CONSIDERATION To ADOPT ENVIRONMENTAL NEGATIVE E C ECL.ARATION FOR RESERVOIR # OCTOBER 12, 2010 PAGE 2 City chose to construct Reservoir #6 on the Reservoir #3 site and not consolidate the to zones. In addition, the City chose to upgrade the Oro Booster Station to provide additional pumping capacity to fill the additional storage volume. The city of Arroyo Grande proposes construction of a new 250,000 gallon, above - ground, welded steel, water storage tank (Reservoir ##, with various appurtenances, including outside and inside ladders, a roof hatch, gent, Monobolt manway, drain, guard railing, walkway, tie -downs and clips, and an inlet outlet pipe with an internal mixing ing system. The project would require the disturbance of approximately 15,700 square feet (o.36 acre) of the 0.64 -acre parcel, including approximately 204 cubic yards of cut and 515 cubic yards of fill. The new tank will be 26 feet in height, 44 feet in diameter, with a "sandstone" colored exterior, similar in size and appearance to the existing water storage tank ( Reservoir #3 o the site. The project site is located on the northwest side of Stagecoach Road, (see Figures 1 and 2). The site is currently developed with an above - ground, welded steel 0.25-MG reservoir and various appurtenances, unpaged access from Stagecoach Road, and a pathway around the existing reservoir. The project would improve the access from Stagecoach Road by construction of an 18-foot asphalt concrete AC entry road with an AC berm for access to the existing and proposed reservoirs. The project also includes a 10-foot access path around the existing Reservoir #3 and the proposed Reservoir #. Portions of the existing chain link fence will be replaced and a new gate would be installed. Approximately 6,500 square feet of drought - tolerant landscaping is proposed to be installed and temporarily irrigated - (two years) from the water supply of the new tank. The construction of Reservoir #6 creates redundant storage and allows Reservoir #3 to be taken out of service for cleaning and maintenance, which has not been done since the tank was constructed over 32 years ago. The new tank is necessary to meet the fire storage needs for the existing customers that are served by the tank. In addition, a fire hydrant will be connected just downstream of the tank, which will allow the fire department to also utilize the fire storage for the County of San Luis Obispo residents located in the proximity of the new tank. The Oro Booster Station, located on Oro Drive, north of Platino Lana, provides water to the existing Reservoir #3 and the proposed Reservoir #6 tanks. This booster station currently is only able to supply 400 gpm to the tank. With the expanded storage, the booster station is undersized and is not capable of filling the tanks adequately to meet California Department of Public Health Standards. The project proposes to remove the existing pumps and electrical from the pump house, Increase pipe diameters, install two new 25 hp pumps oo gpm each), and update electrical and SCA A controls. Agenda Item 8.d. Page 2 CITY COUNCIL CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR RESERVOIR #6 OCTOBER 12,2010 PAGE 3 Fi I- Project Location , el w � �� A Item 8.d. Pa 3 ^ \\ � �� %2 � . PROJECT LOCATION � �K \� . � `� . � �/ .�� � �`` �x - , rL C, 7 � � � \� A �� ` � \ r § � ■ . , � � ^ ��� § �/ . �K � ~� g IL �.�� �\ \ . 0 250 SW l,W0 F" Am Grande Reservoir No. 6 0 95 190 3W WW*M 110,0W CWa Sour= LSK TekAdn Project Location Map A Item 8.d. Pa 3 CITY COUNCIL CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION I RESERVOIR #6 OCTOBER 12, 2010 PAGE 4 Agenda Item 8.d. Page 4 CITY COUNCIL CONSIDERATION To ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR RESERVOIR ## OCTOBER 12, 201 PAGE 5 ANALYSIS of ISSUES: The Initial Study prepared for the project analyzed potentially significant impacts from the project in six categories studied, and has recommended mitigation measures to reduce any potential for impacts to a less than significant level, as follows: Air Quality: (ACS 1 -3 Short -tern impacts could result from nuisance dust affecting sensitive receptors during construction of the project. Mitigation Measures M M 3.1 through 3.3 require implementation of Best Management Practices on the project's grading operations to minimize these impacts. The project is conditioned to obtain permits from the Air Pollution Control District and to comply with all Air Resources Board requirements prior to construction. Biological Resources: BI 1-5) The plant community of the project site is dominated by Coast Live Oak, and contains approximately 24 oaks in varying size from 3 to 18 inches in diameter. Construction will require the removal of three mature Coast Live Oaks, one immature east Live Oak (under 3 inches in diameter), and one pine tree. The City proposes t replace the three mature oaks at a 3:1 ratio with nine trees to be planted onsite based on City standards. In addition, construction activities have the potential to disturb several protected. species of wildlife, including dusky - footed woodrats, nesting birds and roosting bats. Mitigation measures MM 4.1 through 4.5 are recommended to protect the biological resources. Implementation of these mitigation measures will reduce the potential for biological impacts to a less than significant level. Geolog y and Soils: The project has the potential to result in soil erosion and down-gradient sedimentation due to the disturbance of 0.35 acres. Compliance with the Uniform Building Code and implementation of Best Management Practices, as well as the LID elements that are incorporated into the project plans will reduce the potential for these impacts to a less than significant level. Noise: (NOI -3 Short- terra noise impacts generated by construction has the potential to affect sensitive receptors. (litigation Measures NIM . 1 through 8.3 will reduce these impacts to a less than significant level. There are no long -term noise impacts associated with this project. Transportation Circulation: (TRAIN 1) The proposed project will create short -term construction traffic on local roads, and the construction vehicles and equipment may create unsafe conditions on surrounding roads. A mitigation measure requiring a Traffic Management e,nt Flan to be prepared to address construction equipment and vehicles will reduce this impact to a less than significant level. Agenda Item 8.d. Page 5 CITY COUNCIL CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR RESERVOIR #fi OCTOBER 12, 201Q PAGE 6 Hydrology and Water Quality: Construction activities and site disturban have the potential to result in degradation of surface and groundwater bodies through runoff and infiltration that could result in indirect impacts to riparian values downstream. Implementation n f standard sedimentation and erosion control measures and Best Management Practices will minimize these potential impacts to less than significant (see Attachments 3 and 4 for Site and Grading Plan and Erosion Control Plan). ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve the project and adopt the Mitigated Negative Declaration; • Do not ap prove staff's recommendations; • Modify and adopt a Resolution approving project and adopt the Mitigated Negative Declaration; • Provide direction to staff. ADVANTAGES: Approval o f the project will enable construction to proceed in a timely manner, which will result in a project that provides additional water storage to meet existing operational, emergency and fire suppression deficiencies. The new tank also allows the City to take the existing Reservoir #3 off line for maintenance and cleaning, which has not been completed since the tank was constructed over 32 years ago. The upgrade to the Oro Booster Station provides additional pumping capacity to fill the additional water storage volume. The project will increase the reliability and redundancy within the water distribution system, which is needed to better protect public health and safety. DISADVANTAGES: The new grater storage tank will have a visual impact on the surrounding neighbors. ENVIRONMENTAL REVIEW: The City has prepared an Initial Study for the project that resulted in the preparation of a Mitigated Negative Declaration (BIND). Potentially affected environmental factors include air quality, biological resources, geology and soils, noise, transportation circulation, and water. Those potentially significant items associated with the project can be minimized to a less - than - significant level by incorporation of mitigation measures, as summarized in the analysis above and discussed in the Initial Study Environmental Checklist (Attachment 1). A Mitigation Monitoring ring Program ( M MP) has been prepared for the compliance with CE QA Section 15097 (see Attachment 2). The MMP addresses the mitigation measures necessary to mitigate impacts of the project. Mitigation Measure 4.5 of the Initial Study identified a replacement ratio of :1 for oak trees that were greater than o equal to twelve 12" inches diameter at breast height. Agenda Item 8.d. Page 6 CITY COUNCIL CONSIDERATION TO ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR RESERVOIR #6 OCTOBER 12 2010 PAGE 7 However, the City's Municipal Code Section 12.16.090 identified a ratio of 3 :1 for oak tree rep lacements. The Mitigation Monitoring Plan identifies the correct replacement value. PUBLIC NOTIFICATION AND COMMENTS: The City circulated a notification of the intent to adopt the Mitigated Negative Declaration to the surrounding property owners within 300 feet of the project site on September 7, 2010 and the State Clearinghouse August 23, 2010. Project referrals were sent directly to the following list: County of San Luis Obispo Department of Planning and Building County of San Luis Obispo Department of Public Works County of San Luis Obispo Division of Environmental Health California Department of Fish and Game Central Region Headquarters Central Coast Regional Water Quality Control Board San Luis Obispo County Air Pollution control District City of Arroyo Grande Community Development Department DAL FIRE The City received comments from CAL FIDE, County Department of Public Works, s, and County of San Luis Obispo Air Pollution Control District. The following is a summary of their comments and hoer they have been addressed (comment letters included with the initial study): CAL FIRE Cal Fire provided the following guidelines for the installation of the water storage tank: • Water Storage Tank must meet the Intent of National Fire Protection Association (NFPA)requirements Vegetation clearance as appropriate per PRC 4291, and in keeping with aesthetic requirements of the County Planning and Building Department 0 Road Access of minimum 10 foot width and all weather ther surface • Locked gates, require KNOX entry system The proposed project is designed to meet the Intent of National Fire Protection Association NFPA. The necessary clearing of vegetation around the new reservoir will include pruning and or removal of existing trees in compliance with the City standards. The access road to the new reservoir is 16 feet, which exceeds the 10 foot minimum requirement. The existing gate and lock will be replaced and locking mechanism will be installed. Agenda Item 8.d. Page 7 CITY COUNCIL CONSIDERATION To ADOPT ENVIRONMENTAL NEGATIVE 1E DECLARATIO I FOR RESERVOIR # OCTOBER '12, 2010 PAGE 8 Countv Department of Public Works The San Luis Obispo County Department of Public Works requested the following improvements incorporated into the design: 1 The Stagecoach Road driveway apron road shall be reconstructed in accordance with County Public Improvement Standard 13-1b. 2 The driveway and landscape improvements require an Encroachment Permit prior to construction. 3 Storm grater runoff: generated by the additional site paving should be dispersed non- erosively onsite and recommended mended LID components to minimize offsite storm water flows. The City incorporated the design comments into the design of Reservoir #6. The driveway apron is designed to the County's B -1 b standard. A County Road Encroachment Permit for the driveway and landscaping overflow drain was obtained (see Attachment 13). Counly of San Luis Obispo Air Pollution Control District The San Luis Obispo County of San Luis Obispo Air Pollution Control District did not require other construction phase 'mitigation 'measures for this project. APCD did request the following items be included in the project: 1 Prior to any grading activities at the site, the City shall ensure that geologic evaluation is conducted to determine if Naturally Occurring Asbestos NA is present within the area that will be disturbed. If N A is found at the site, the City must comply with all requirements outlined in the Asbestos Air Tonic Control Measures. 2 APCD prohibits developmental burning - of vegetative 'material within San Luis Obispo County. 3 If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated this project would require compliance with the National Emission Standard for Hazardous Air Pollutants 0CFF 1, Subpart —M — asbestos NESHAP. 4 All site grading and demolition plans notes shall comply with all applicable APCD regulations pertaining to the control of fugitive dust (PM 10) as contained in section 6.5 of the Air Quality Handbook. 5 The name and telephone number of person responsible for monitoring dust control program shall be provided to the APCD prior to land use clearance for map recordation and finishing grading of the area. 6) Prior to start of the project, City shall obtain required Permits from APCD for the use of the portable equipment g horsepower or greater) and applicable operational equipment. The City shall contact APCD Engineering Division at (805) 781-5912 for specific information regarding permitting requirements Agenda Item 8.d. Page 8 CITY COUNCIL CONSIDERATION ADOPT ENVIRONMENTAL NEGATIVE DECLARATION FOR RESERVOIR OCTOBER 12 2010 PAGE 9 Items 1- were included into the MND as mitigation measures MM 3.1 to 3.3 and In the Mitigation Monitoring Plan. Attachments: 1. Initial study 2.- Mitigation Monitoring Pr gram 3. Site and Grading Plan (full scale plans available in Community Development Dept.) 4. Erosion Control Plan (full scale plans available in Community Development Dept.) 5. Landscape Plan (full scale plans available in Community Development Dept.) Agenda Item 8.d. Page 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONSTRUCTION DOCUMENTS AND SPECIFICATIONS FOR RESERVOIR #6 AND THE ORO FOSTER STATION UPGRADE WHEREAS, the City Council has considered the recommendations of the 1008 Water Master Plan to provide adequate water supply and storage facilities; and WHEREAS, the City Council has considered the recommendations of the August 1, 2008 Preliminary Analysis Pressure Zone Connection Rancho Grande to Oro Zone to construct a new 250,000 gallon water reservoir adjacent to Reservoir #3, Stagecoach Toad, Arroyo Grande to provide adequate grater storage facilities; and WHEREAS, the City Council finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act CE A ; and WHEREAS, the City Council finds these improvements are necessary to ensure that public health and safety standards will continue to be net in the future; and WHEREAS, the City Council finds the Mitigation Monitoring Plan in compliance with California Environmental Quality Act requirements under DEQA Section 1 0007; and WHEREAS, S, the City's property located at Stagecoach Toad, Arroyo Grande, California, (Assessor Parce1047-126-010) is acrd has been used as grater facility for the pu of storing grater; and WHEREAS, the City Council finds that on the basis of the Initial Study and all the comments received, there is no substantial evidence that the project as conditioned will have a significant effect on the environment. The potential impacts can and will be mitigated to a less than significant level and comply with California Environmental Quality Act requirements under CEQA Guidelines Section 15070; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstance exist: FINDINGS FOR APPROVAL 1. The proposed use is permitted within the subject land use categories and complies with all the applicable provisions of title 16, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the Municipal Code. Agenda Item 8.d. Page 10 RESOLUTION NO. PAGE The construction of a 250, 000 gallon steel grater tank is consistent with and meets a!! pertinent Municipal Code development standards. 2. The proposed use would not impair the integrity and character of the land use in which it is to be established or located and as conditioned, the project will not impair the integrity and character of the residential neighborhood. The proposed water storage facility is similar in character, scale and function to the Reservoir #3. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the construction of a 250,000 gallon water storage facility abased upon the development standards of the ll unicr' pal Code. . The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety, or welfare., or materially injurious to properties and improvements in the vicinity because the proposed project will provide necessary water er supply for the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration: and approves the Construction Plans and Specifications for Reservoir #6 and the Oro Booster Station Upgrade. Can a motion by Council member , seconded by Council member , and by the following roll call vote to merit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of October 2010. Agenda Item 8.d. Page 11 RESOLUTION CVO. PAGE 3 TONY FER A# A, MAYOR ATTEST; KELLY I ETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVE ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARMEL, CITY ATTORNEY Agenda Item 8.d. Page 12 RO A. *CORPORATE ,x 10, loll , 'IFO1r % ATTACHMENT 1 CITY of ARROYO GRANDE INITIAL STUDY SUMMARY - ENVIRONMENTAL CHECKLIST Project Title & No. City of Arroyo Grande Reservoir voir Igo. ; APN ## 047-126-01 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The proposed project could have "Potentially significant Impact' for at least one of the environmental factors checked below. Please refer to the attached pages for discussion on mitigation measures or project revisions to either reduce these impacts to less - than - significant levels or require further study. D Aesthetics E Geology and soils [ Recreation El Agricultural Resources ❑ Hazards /hazardous Materials Transportation /Circulation. Z Air Quality Z Noise ❑ Wastewater 0 13iol gicai Resources 0 Population /dousing eater El cultural Resources El Public services /Utilities Land Use DETERMINATION: (To be completed by the lead Agency) O n the basis of this initial evaluation the Environmental Coordinator finds that. The proposed project COULD IT have a significant effect on the environment, and a NEGATIVE E DECLARATION will be prepared. ( Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE E DECLAPATI I gill be prepared. El The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL TAL IMPACT REPORT F T i required. The proposed project MAY have a "potentially significant impact or f'potentialiy significant unless mitigated" impact on the environment, but at least one effect 1 has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2 has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ Although the , pro posed project could have a significant effect on the environment, because all potentially significant effects a have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION I pursuant to applicable standards, and b have been avoided or mitigated pursuant to that earlier Ells or NEGATIVE DECLARATION, N, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. C ity of Arroyo G ra n d e, Initial Study for Reservoirs X11. 6 Page I Agenda Item 8.d. Page 13 Kell Prepared by A�scciats PIahner � �f��4 Prepared by (PrI - nt) Sf twfd Rate Teresa MaGiish Camrnurll DevPA0 rFlerlt Direcbar Pevieweo by (pFint) . Sigfia Tree VVIS fnvirRnme�ltPl review process incarpara�es 0I1 of the requirements for Ovm the Inl�ial Study as reqmtrad by �� �ar�mig �nviranmental Quality Apt (0�QA) end the GE4A Gujdelino,, Thy Inital Study 1I1cludes a on *spa tnspeeffon of the proidet site and su. M?un41nQ0 and a detAilad review of the irfarcnstion in the Me ior the project. In addn, avaflaole baftrourO n� �rmatlon for reyi�we� � each ptojeoL Relmnt informofion r sail typ84 and �h�r��ari�tics, goologic informiption, �Ign� cant v��e#a�on andf�r wildlife �s�ur��, water av�lla tav+►a �flity� w��ter 01sposal sarvl ,exerting land �� and oumumOin9 land os$ ca ries and ot'tor iriformofi;* reiwunt to the environmental review procmss are MmIm4tod fir 00h p Exhlblt 0 InclQ01% the referenpea used as well as tho agencies or groups thoi were conlacted as a Pao of the Ihiooi StWy, The GdMmunity Development DspartMent uses the chockliot to Summarize 'khe. rewlfia Qf the I P,mea� �mplisFet� 4u6ng ft mFbia1 onviror117�ortta1 review Qf the projqct rt� � s P��o, �en�� or airgahizations interested in obtain'rrg move inFormaVon ragarding she environmental review proceu for a project should aantoct the City of Arroyo Owde COMln01111y Qeveioprnent psogrO1ent at 9 14 East Branch Street Arroyo Grande, CA OU20 4r Cn1.l (406) 473§0 Am PRO490T � Tho Ci�Y of �a�no Grarioe proposes core r�C�lo�1 of a no�N 250,000 gaUpP, ��wnrrYn� 4bpvs welded steel Water stodge tank (Resemir #6) with vaMous qppu0narl+:*s, +nqodirio outside ond Inside Iodders, a loaf N#ch, vent, Mortobalt manvmY, idmin. 90erd , Wio9,waikWeY► te-dcwns and dips, and a PVC infetlnutlet pip w'i#h an Internal mIXho SYs%m. The project WQwid require the disturbance of ipFPre'xfma#ely 75,700 $qpam f (Q,35 acre) of tho 0,04-qm pameI► Indudin g aPproxima" 204 cubic yards of cut and 51� aublc yard* -of fil I - The praJeak site is Dated on the northwest side of sVgecoach RoW in San W$ Obigpo 09Ltn1y, apPmAmatelY 0.7 miias narthegst of the city 9f Anvyv Grode (refer to Figures 1 and 2) Sorro+4n4lng lan� uses qro MidenUai and in the Couniys Reallentlat 4wWftn cqtP9PfY (rofor to Figore $) Fxllstins uses lndude an ebaVe- groc4Rd, wel0ed fee! 0.25 MG reservoir tank that wa� bL10t in 1979 (Ra&iarvoir #3), catch basin, graded access, fence, and fiats, v„�a�ar �ac�e tank. The yank would be 2a feet In he1q�t 41 i feet In dIami�#er, jand the $Xtft r C66C WQ kW"sandsttine ". Resen/oir #6 wo[f#d bQ located i4dJawi►t tai the SW0 tank, Resmoir ,grid 25' feet from tie pmpe4ty line. The paSe olavatii n of to prapQsed tar1K "t4ld bo tot at the same elevation c� the existing tank at 409.0 feet (Rho F91040on) and the orlel'f1QW O1ewVop of the new tank would mach the averf1qw elevation o1''tho existing lank of 432.4 feet (Wor tp Figure 5). RWrvolr n Would have a single inletloOet with an Intemaf rn1x1nq sytarn to Met Oe Cal4fQmle D$partmPn# of Pphllc Health roquirements. The intetlautfet tp R$s$mEr #6 mould be �10ch 4ucft iron, located orl the- , e�st side of the tapk. The prqpased tank Would helve the fqlJqw1nq qppurten;ance;; autsld$ Wder wish anti 49oq 39" X 3V oaf hptc;h mof vent: ln4lde Wdon 36' MonoWlt manwaY full s #ght/leve! Qaug% b-Iheh overflow; dM►n; spard rafiilla arokrnd the top of tho lank; n46 wall y; sOotY �9 for gemohno!# Oip;; fqr W#ure 0111Y PtWchmQn� cath►adia protectian flexile baA joie and, a single 8" PVC inle#lbutl#t Clfiy of AMyo Orand% InIt#ol 8" for ReaOrmIr Na �a Agenda Item 8.d. Page 14 pipe with an internal mixing system (above ground piping would be ductile iron). Overflow pipe size and draina As here are no existing underground storm dr facilities within the immediate vicinity of the tank site, the project proposes to pipe the overflow/storm water from the outlet to the surface of Stagecoach Road via a flared end section with rip -rap. The on -site overflow/storm drain ' system would use a 10-inch HDPE that would collect the runoff from the paged access road surrounding the tans and any potential overflow from the tanks. The overflow/storm drain system includes a concrete Swale around both tanks that would drain to the underground I o -HDPE storm drain, w hich daylights at the road right -of -way. The overflow /storm drain piping was sized to handle a worst case scenario in w hich a tank was overflowing with a flowrate equal to the maximum flowrate that could be produced from both booster pumps running simultaneously. The actual runoff" from storm events would be less than the maximum overflow. The pipe size was calculated using Bentley Flowma ter software. In general, the proposed grading and drainage would follow the existing drainage patterns onsite. Concrete swales and storm drain inlets have been added to prevent any storm water runoff from the paved access roads surrounding the tank from flowing over the adjacent slopes. Access. An existing 15 -foot wide compacted access gray from Stagecoach Road provides a direct pathway to the e reservoir. The project would improve the access from Stagecoach Road by construction of a n 18 -foot asphalt concrete AC entry road with an AC berm for access to the existing and proposed reservoirs. The project also includes a 10-foot access path around the existing Reservoir 3 and the proposed Reservoir 6. The San Luis Obispo County Department of Public Works leas commented that improvements to the driveway may require an encroachment permit from the County Public Works Department for B -1 apron. Fencing and security The tank site has an existing chain links fence along the perimeter of the site. Portions of the existing fence would be replaced and a new gate would be installed. The vehicle access gate would be relocated so that a vehicle can pull onto the driveway out of the street and be able to open the gate. No additional gates would be added to the site. A guardrail, lanyard tie downs, and a non-skid surface will be included on the roof of the proposed reservoir ##6 tanks for additional operator safety. Erosion Control Plan and Best Management Practices. Proposed erosion and sedimentation control measures to be implemented during construction would include: inlet protection, installation of fiber rolls, check. dams on access road, fencing for protection of existing vegetation outside of the limit of construction, and the application of straw mulch with jute netting on engineered slopes (refer to Figure 6. A concrete washout area would be included and a stabilized construction entrance would be provided if necessary. Landscape and Screeni . The proposed project includes approximately 6,500 square feet of drought - tolerant landscaping along the frontage of the parcel to screen the reservoir tanks from viers on Stagecoach load (refer to Figure Irrigation water would be supplied from Reservoir ##5 and would be regulated by an automatic timer. The irrigation system would be on grade drip and 'is designed to be temporary (lasting two years). It is anticipated that 0% screening would be achieved in five to eight years. Free Replacement Plan. The construction of Reservoir ervoir ## and the additional paging around Reservoir #3 would require the removal of four oak trees of which only three qualify for replacement according to the City's Tree Removal Program criteria. The oak trees would be City of Arroyo Grande, initial Study for Reservoir No. 6 Page Agenda Item 8.d. Page 15 replaced at a 3.1 rate, which requires the replanting of mine oaks trees as mitigation for the removal. The oak trees would be planted on site. The project would also require the removal of one 10" diameter pine and construction activities would impact a 12" diameter pine. Fire Protection. The new tank is necessary to .meet the fire storage needs for the existing customers that are served by tank. In addition, a fire hydrant will be connected just downstream of the tank, which will allover the fire department to also utilize the fire storage for the County of San Luis Obispo residents located in the proximity of the new tank. The construction of Reservoir No. 6 creates -redundant storage and allows Reservoir #3 to be taken out of service for cleaning and maintenance, which has not been done since the tank was constructed over 30 years ago. ASSESSOR PARCEL NUMBER(S): 047 - 126 -010 Latitude: 35 degrees, 8.67' N B. EXISTING SETTING LAND USE CATEGORY: COUNTY AREA PLAN: EXISTING USES: TOPOGRAPHY: VEGETATION: PARCEL SIZE: Residential suburban Longitude: 120 degrees, 33.43' 1111 San Luis Bay Inland Above - ground, welded steel 0.26 MG reservoir water tank (reservoir 3 Moderately sloping hill in venter of parcel, sloping down in all directions Oak woodland, dominated by east live oak trees Approximately 0.64 acres SURROUNDING LAND USE CATEGORIES AND USES: North: residential Suburban; residences South: Residential Suburban; residences C. ENVIRONMENTAL ANALYSIS East: Residential suburban; residences West: Residential Suburban; residences During the Initial Study process, several issues were identified as having potentially significant environmental effects (see following Initial Study). ~those potentially significant sterns associated with the proposed project can be minimized to less - than - significant levels by incorporating the mitigation measures listed below. All mitigation measures contained in this Initial Study shall be included in the Conditions of Approval for the project. City of Arroyo Grande, initial Studer for Reservoir o. 6 Page Agenda Item 8.d. Page 16 1. a) b) c) d) e) 0 CITY OF ARROYO GRANDE INITIAL STUDY CHECKLIST AESTHETICS - Will the project Potentially Impact can Significant &will be mitigated Create an aesthetically incompatible site open to public vier? Introduce a use within a scenic view open to public view? Change the visual character of a area Create glare or night lighting that may affect surrounding areas? Impact unique geological or physical features? Other El El El o 0 El El Insignificant Not Impact Applicable � a Setting. The project site is located on the northwest side of stagecoach Road, approximately 0.7 mile northeast of the City of Arroyo Grande, i n San Luis Obispo County (refer to Figures 1 -3, Project Vicinity, Project Location and Aerial Photo Maps). The site i s currently developed with an above- ground, welded steel 0. reservoir and various appurtenances (Reservoir 3, unpaved access off of Stagecoach Road, and a pathway to and around the e reservoir. The perimeter of the property is fenced with a si tall chain -link fence with a three - strand barbed wire for security. The topography of the Project site consists of a moderately sloping hill in the center of the parcel 1 1 feet elevation) which slopes down in all directions. The lowest elevation occurs at the southwest corner of the panel (399 feet elevation). V egetation on site includes approximately 24 oak trees varying in size from " to 18" in trunk diameter, as well as a few pine trees. The construction of Reservoir 6 and additional paving around Reservoir 3 would require the removal of four oak trees of which three 3 qualify for r according to the City's Tree Removal Program criteria. The project wound also require the removal of one 1 -inch diameter pine tree. Surrounding land uses are large -lot residential uses. All adjacent parcels are in the residential suburban land use category. Although fairly well shielded by oak trees, the existing Reservoir 3 is visible from Stagecoach Road along the property boundary and from Paloma Place to the east. The existing structure is not visible from Corbett Canyon Road, a w ell- traveled road down- slope, and north of the project site, due to a tall grove of eucalyptus trees and vegetation along the roads Impact. The project proposes construction of a new 250,000 - gallon, above - ground, gelded steel water storage tank and various appurtenances (Reservoir , along with improvements to the existing unpaved Pathways to provide access to both tanks, and replacement of portions of the existing gate and fencing. The new reservoir will likely be visible from Stagecoach Road, but has been designed to be the same or similar in size, e color, base elevation and overflow elevation as the existing Reservoir 3. Proposed oak tree replacement and shielding will also reduce visibility of the structure. Three oak trees would be replaced at a 3:1 ratio, which requires the replanting of nine oak trees as mitigation for removal. Due to existing development the overall visual character of the parcel would not change. D to the higher elevation of the panel, construction of the water reservoir would not block scenic views beyond Ci of Arroyo Grande, Initial Study for R No. 6 p age Agenda Item 8.d. Page 17 El Setting. The project site is located on the northwest side of stagecoach Road, approximately 0.7 mile northeast of the City of Arroyo Grande, i n San Luis Obispo County (refer to Figures 1 -3, Project Vicinity, Project Location and Aerial Photo Maps). The site i s currently developed with an above- ground, welded steel 0. reservoir and various appurtenances (Reservoir 3, unpaved access off of Stagecoach Road, and a pathway to and around the e reservoir. The perimeter of the property is fenced with a si tall chain -link fence with a three - strand barbed wire for security. The topography of the Project site consists of a moderately sloping hill in the center of the parcel 1 1 feet elevation) which slopes down in all directions. The lowest elevation occurs at the southwest corner of the panel (399 feet elevation). V egetation on site includes approximately 24 oak trees varying in size from " to 18" in trunk diameter, as well as a few pine trees. The construction of Reservoir 6 and additional paving around Reservoir 3 would require the removal of four oak trees of which three 3 qualify for r according to the City's Tree Removal Program criteria. The project wound also require the removal of one 1 -inch diameter pine tree. Surrounding land uses are large -lot residential uses. All adjacent parcels are in the residential suburban land use category. Although fairly well shielded by oak trees, the existing Reservoir 3 is visible from Stagecoach Road along the property boundary and from Paloma Place to the east. The existing structure is not visible from Corbett Canyon Road, a w ell- traveled road down- slope, and north of the project site, due to a tall grove of eucalyptus trees and vegetation along the roads Impact. The project proposes construction of a new 250,000 - gallon, above - ground, gelded steel water storage tank and various appurtenances (Reservoir , along with improvements to the existing unpaved Pathways to provide access to both tanks, and replacement of portions of the existing gate and fencing. The new reservoir will likely be visible from Stagecoach Road, but has been designed to be the same or similar in size, e color, base elevation and overflow elevation as the existing Reservoir 3. Proposed oak tree replacement and shielding will also reduce visibility of the structure. Three oak trees would be replaced at a 3:1 ratio, which requires the replanting of nine oak trees as mitigation for removal. Due to existing development the overall visual character of the parcel would not change. D to the higher elevation of the panel, construction of the water reservoir would not block scenic views beyond Ci of Arroyo Grande, Initial Study for R No. 6 p age Agenda Item 8.d. Page 17 the project site and does not otherwise alter the view from Stagecoac Road. The proposed project includes approximately 6 ,500 square feet of drought - tolerant landscaping along .thee -frontage of the parcel to screen the reservoir tanks from views on Stagecoach Road. It is anticipated that 50 percent screening would be achieved in five to eight years. The new access road, pathways, gate and fence improvements will be consistent with existing and adjacent development, and no significant impacts would occur. Mitigation /Conclusion. To ensure proposed development on the project site does not create an incompatible site or significantly impact aesthetic resources, the proposed reservoir would be consistent in shape and color and constructed to a size and elevation similar to that of the e reservoir tank. The proposed Landscape Plan would shield views from Stagecoach Road {refer to Figure . Landscaping within the public right-of-way.may require are enc r a h ment permit from the County Public Works Department. The County Public Works s Department has commented that any landscaping shall be in conformance with County site distance standards and shall be the responsibility of the property owner to maintain in perpetuity. These measures, along with biological resources mitigation, which would include oak tree replacement and shielding, would ensure that impacts are less than significant. 2, AGRICULTURAL RESOURCES potentially Impact can Insignificant Not - Will the ro � ect: Significant S� will be Impact Applicable A mitigated a Convert prime agricultural land to non - agricultural use? b impair agricultural use of other property o result in conversion t o other uses? C) Conflict with existing zoning or Williamson Act program? IN :0 oil to ICI EJ 1:1 F7/1 Setting. Pro Elements. The following area - specific elements relate to the property's importance for agricuitural production: Land Use Cate o residential Suburban State Classification: Grazing Land /other Land Histodc Existin Commercial Crops. None In 6gricultural Preserve? No Under Williamson Act Contract? No The soil types and characteristics on the subject property include: Charni shaly_sandy-clay lo m -goo slopes). This moderately sloping sandy soil is considered well drained. Surface runoff is medium, and the hazard of water erosion in moderate. The very deep soil has moderate shrink -swell characteristics. This soil is considered Class Vle with and without irrigation. Gaviota fine sandy loam (15-50% slopes) . This moderately to steeply sloping sandy soil is considered well drained, but surface runoff is rapid and the hazard of water erosion is high. The shallow soil has very low shrink Drell characteristics. This soil is considered Class Vile with and without irrigation. City of Arroyo Grande, Initial Studer for Reservoir 1o. 6 Page Agenda Item 8.d. Page 18 The onsite soils are not classified as Prime Farmland, Farmland of Statewide Importance, Farmland of Local Importance, or Farmland of Unique Importance. Impact. This project is located in a predominantly residential area with no production agricultural activities occurring on the property or in the immediate vicinity. No significant impacts to agricultural resources are anticipated. Mitigation /Conclusion. No mitigation measures are necessary. 3. AIR QUALITY - Will the project., Potentially Impact can Insignificant Not Significant & will be Impact Applicable mitigated a Violate any state or federal ambient air quality standard, or exceed .air quality emission fliresholds as established Co un y Air Pollution Control District AP CD) ? b) Expose any sensitive receptor to substantial air pollutant concentrations? c} Create or subject individuals to El H objectionable odors? d) Be inconsistent with the District's Clean Air Plan? e} Other Setting. The San Luis Obispo County Air Pollution control district APC has developed the 2009 CE.A Air Q uality Handbook to evaluate project specific impacts and help determine if air quality mitigation measures are needed, or if potentially significant impacts could result. The City refers to this Handbook for all discretionary projects subject to CE A. The existing property use as a reservoir does not generate traffic or otherwise impact air quality in the area other than those resulting from standard maintenance. Construction of the new reservoir will likely generate short -term construction traffic and fugitive dust. The project is not expected to have long -term air quality impacts. Impact The project will result in the disturbance of approximately 15,700 square feet (0.36 acre). This will result in the creation of construction dust, as well as short- term vehicle emissions. No long - term vehicle emissions are anticipated to result from the proposed project. As proposed, the project will result in an estimated 204 cubic yards of cut and 515 yards of fill, creating construction dust. In San Luis Obispo County, ozone and P 1,, are the pollutants of primary concern, since state health -based standards for these pollutants are exceeded in portions of the County in most years. Tort - terra impacts from site preparation and grading could result in dust generation that could affect adjacent residential properties. The project is consistent with the general level of development anticipated and projected in the . Clean Air Plan. The AP ID comments on the proposed project stated that impacts resulting from construction will likely be less than the APCD's significance threshold values of 185 lbs of emissions per day and 2.5 tons of emissions per quarter (Garr Arcernont; November 2009). Operational impacts are similarly not expected to create significant impacts related to greenhouse gases. City of Arroyo Grande, Initial Study for Reservoir oir o. 6 Page Agenda Item 8.d. Page 19 Standard requirements regarding naturally- occurring asbestos, developmental burring, and use of equipment requiring issuance of are APCD permit apply to the project. Based on compliance with these standards, and incorporation of dust control measures, potential impacts would be mitigated to less than significant. Mitigation/Conclusion. To minimize nuisance dust impacts, the City will implement APCD fugitive dust mitigation. measures, as described below. The City will also comply with the ARB Air Tonics Control Leasure for Construction, Grading, Quarrying, and Surface Mining Operations, and obtain necessary permits from A PCD prig to construction. Implementation of these measures would mitigate potential impacts to less than significant. Construction Phase E missions MM .1: The project shall comply with all applicable Air Pollution control District APCD regulations pertaining to the control of fugitive dust P 10 as contained in section 6.5 of the Air Quality Handbook. All site grading plans shall list the following regulations; a. Deduce the amount of disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stook pile areas should be sprayed daily as needed; d. Permanent dust control measures identified in the approved project re eget tion and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paged should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; L All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard minimum vertical distance between top of load and top of trailer) in accordance with C C Section 23114; j. Install wheel crashers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; and k. sweep streets at the end of each day if visible soil material is carried onto adjacent pared roads. Water sweepers with reclaimed water should be used where feasible. City of Arroyo Grande, Initial Stogy for Reservok No. 6 Page 8 Agenda Item 8.d. Page 20 Responsible Party: city of Arroyo Grande -- PVC Monitoring Agency: City of Arroyo Grande --r CDD, APCD Tirnefrarne: During site disturbance, grading, and construction MM .2: The project shall comply with all applicable regulations contained in the Air Resources Board (AR B) Air Toxics Control Measure for construction, Grading, Quarrying, and surface Mining Operations relating to Naturally Occurring Asbestos i l A . Prior to any grading activities at the site, the applicant shall ensure that a geologic evaluation is conducted to determine if IA is present within the area that will be disturbed. If NOA is not present, an exemption request must be fled with the AF B. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Tonics control Measures. Responsible Party: city of Arroyo Grande — PW Monitoring Agency; City of Arroyo Grande — CDD Tirnefranne: Prior to grading MM 3.3: The city shall obtain required permits from APCD for the use of portable equipment (50 horsepower or greaten and applicable operational equipment. The City shall contact the APCD Engineering Division at (805) 781 -5312 for specific information regarding necessary permits. Responsible Party: Monitoring Agency: Timeframe; 4., BIOLOGICAL RESOUI Will the project: City of Arroyo Grande - P City of Arroyo Grande —CDD, APCD Prior to grading and operation RCES - Potentially Impact can Insignificant Not Significant & will be Impact Applicable mitigated a Result in a loss of unique or special status species or their habitats? b Reduce the extent, diversity or quality of native or other important vegetation? c Impact wetland or riparian habitat? d Introduce barriers to movement of resident or migratory rish or wildlife species, or factors that could hinder the normal activities of wildlife? e Other Setting. According to a Biological Resources surrey Report prepared by a qualified consultant ( SWCA 201 , the plant community is dorninated by coast Iive oak trees with a sparse understor composed of leaf litter, veldt grass, humming bird sage, monl eyflo wer, and poison oak. Wildlife observed during a site visit was limited to avian species. Birds observed foraging in oak trees and in understory vegetation during the site visit included acorn woodpecker, bushtit, white - crowned sparrow, northern mockingbird, scrub jay, and California towhee. Special- status _ Plant species. Based on the location of the project site, and documented occurrences in the vicinity, the project site has the potential to support suitable habitat conditions for the following City of Arroyo Grande, Initial Study for Reservoir No. 6 Page Agenda Item 8.d. Page 21 special - status plants. Hoover's bent grass, Cambria morning- glory, Hardham's evening primrose, Straight -awned spineflower, Pismo clarkia, Indian Knob mountainbalm, Mesa horkelia, San Luis Obispo county lupine, Carmel Malley bush - mallow, and Black-flowered figwort. Based on field surveys conducted during blooming period for these species (spring and summer of 2010), these species were not observed. Sp ecial-status Animal Species. The biological resources survey identified suitable habitat for nesting birds and the following sensitive species: merlin, purple martin, pallid bat, Tornsend's big -eared bat, Yuma myotis, Western mastiff bat, Western red bat, and Monterey dusky - footed woodrat. Four woodrat reddens were observed below oak trees on the project site. Due to the location and size of the maddens, they likely belong to Monterey dusky - footed woodrat. Monterey dusky - footed woodrats are a California species of special Concern ( SSC) protected under the California Endangered Species Act (CESA). No other special- status species, nests, or nesting activity, or evidence of roosting by bats was observed. I ativeAmgortant Vegetation. The project site supports approximately twenty four 2 coast live oak trees varying in size from' 3 to 18 inches in diameter, and a few pine trees. Wetland /R Tian Habitat_„ A catch basin that traps overflow from reservoir 3 is located immediately adjacent to the entrance to the project site and within the disturbed /maintained portions of the site. The catch basin appears to be maintained regularly due to the lack of vegetation around the edges of the basin and percentage of bare ground present; however, some hydrophytictwetland plant species (approximately 4 inches tall) were observed within the basin. The presence of these plants is likely a result of the rains received on 10-13-09 and /or from overflow from Reservoir 3. Wetland plants observed within the basin include cattail, tell flat sedge, and common spikerush. Based on the site topography and since the hydrologic source is from Reservoir 3, it is unlikely that this area is considered a wetland and/or jurisdictional waters of the U.S. No evidence of are ordinary high water mark or connectivity to traditionally navigable waters was observed. Resident/Migratory Wildlife. No bird nests were observed during the field survey; however, trees and vegetation on the project site have the potential to support nesting birds protected by Migratory Bird Treaty Act of 191 M TA , including ground- nesting birds such as the California towhee. The I IBTA protects all migratory birds, including their eggs, nests, and feathers. Im pact. Implementation of the project would include vegetation and tree removal, grading, and construction activities. These actions have the potential to adversely impact biological resources, as discussed below. Special-status Species. Four Monterey dusky - footed woodrat middens were observed on the project site. The site also has the potential to support roosting bats. Monterey dusky- footed woodrats and roosting bats are protected under the California Endangered species Act (CESA). These species could be adversely affected by disturbance and loss of habitat as a result of construction activities, including grading, tree removal and trimming, and construction activities. lativellrrr ortant etation. , Implementation of the project would require the removal of four east live oak trees (including tree' mature trees) and one pine tree. one additional pine tree would be impacted by construction activities, Inadvertent disturbance of oak trees to remain may occur, including soil compaction and other disturbance within the root zone, which may result in impacts to additional oak trees. coast live oak trees are considered a sensitive resource by the City of Arroyo Grande and the County of San Luis Obispo. The City proposes to replace the three mature oak trees at a :1 ratio, for a total of nine oak trees. The oak trees would be planted on site. City of Arroyo Grande, Initial Study for Reservoir ervoir 1 o. 6 Page 1 Agenda Item 8.d. Page 22 F esident/Mi rato Wildlife. Removal and/or pruning of trees during the nesting. bird season ( approximately February 16 through August 31 may result in significant 'impacts to nesting birds, including disturbance to and/or loss of nests, eggs, and chicks. mitigation/co Implementation of the proposed project would require removal of three mature coast live oak trees, and may result in the disturbance of Monterey dusky - footed woodrat, nesting birds, and roosting bats. The project includes replacement of nine coast live oak trees onite. In addition, measures to reduce potential indirect impacts, protect existing native trees, and avoidance of special-status or sensitive wildlife during grading and construction activities are necessary. Potentially significant impacts to biological resources can be mitigated to a less - than - significant level with implementation of the below mitigation .measures. MM .1: The City shall retain a qualified biologist to assist in the rer oval relocation of woodrat middens if any) that are located within the project disturbance areas. Removal of the middens should be conducted after September 1 and before February 15. During implementation of site clearing activities and under supervision of the biologist, the contractor shall remove all vegetation and other woodrat shelter within the disturbance areas that surround the woodrat middens to be removed. Upon completion of clearing the adjacent woodrat shelter, the biologist shall gently nudge the intact middens with equipment or long handled tools. Due to the potential health hazards associated with removing woodrat middens, hand removal is not recommended. Workers shall plane their equipment within the previously cleared area and not within the undisturbed woodrat shelter area. The objective is to alarm the woodrats so that they evacuate the ridden and scatter away from the equipment and into the undisturbed areas of the site. Once the woodrats have evacuated the rnidden, the contractor shall gently pick up the structure with a front loader and move it to an area not to be disturbed. The objective of moving the structure is to provide the displaced woodr.ats with a stockpile of material to scavenge while they build a new ridden; consequently, jeopardizing the integrity of the structure is not an issue. Responsible Party; city of Arroyo Grande - PW Monitoring Agency: City of Arroyo Grande --- CDD Tirneframe: Prior to grou disturbance III .2: Prior to any construction activities, the project site shall be clearly flagged or fenced so that the contractor is aware of the limits of allowable site access and disturbance. The number of access mutes, size of staging areas, and the total area of the activity shall be limited to the minimum necessary to achieve the project goal. Responsible Party: City of Arroyo Grande - PW Monitoring Agency: City of Arroyo Grande — CDD Tirnefrare: Prior to ground disturbance MBA .3: Removal of vegetation and pruning of oak trees shall be conducted in the fall and winter (between September I and February 15), if possible, after fledging and before the initiation of avian breeding activities. Responsible Party: city of Arroyo Grande - PW Monitoring Agency: city of Arroyo Grande — CDD Tirefrarne: Prior to ground disturbance MM 4.4: If vegetation must be removed or trees pruned from February 15 to September '1, the applicant shall retain a qualified biologist to conduct pre - construction surveys for nesting bird species within the project site. if active nests are observed, the applicant shall either 1 gait City of Arroyo Grande, Initial Study for Reservok No. 6 Page 1 Agenda Item 8.d. Page 23 for such nesting birds to fledge and leave the project site, or 2 consult with the appropriate resource agency and secure impact authorization, prior to site disturbance. Responsible Party: City of Arroyo Grande - PI! Monitoring Agency; City of Arroyo Grande — CDD, CDFG Time frame: Prior to vegetation and tree removal MM 4.5: A Tree Protection Plan shall be prepared by a certified arbrist for alt p tentiall impacted trees to remain on the project site, including oak and pine trees. n y oak trees intentionally or unintentionally killed or removed that are greater than - or equal to four 4 inches diameter at breast height DBH and less than twelve 12 inches DBH shall be replaced at a :1 ratio. Trees removed that are greater than o equal to twelve 12 inches DOH shall be replaced at a 5:1 ratio. I e lacement trees shall be limited to ' app ropriate native tree species as approved by the City arbcrit. All trees to be removed or retained shell be marked with differentiating colored ribbon or paint. Responsible Party: City of Arroyo Grande — P11 Monitoring Agency: City of Arroyo Grande — CDD Timefrarne: Prior to ground disturbance 5. CULTURAL RESOURCES - Potentially impact can Insignificant Not Will the project Significant & will be Impact Applicable mitigated aj Disturb historic resources? b} Disturb prehistoric resources? c} Disturb paleontological resources? co Other , 1:1 F Setting. The Project is located in an area generally described as the Central Coast Archeolog Region, and is believed to have been historically occupied by the northernmost subdivision of the Churna h, the Obispeho. No historic structures are present and no paleontological resources are known to exist in the area. According to a Cultural Resources Survey prepared by a qualified consultant - (SWCA 2009) no previously recorded cultural resources were identified within the project area or - within a 0.2 mile radius. Additionally, no cultural resources were identified within the project area durin g a records search or archeological field survey. Impact. Due to the results of archival research and the lack of artifactual evidence noted durin g the survey, it does not appear that any prehistoric o historic resources occur within the project area. N evidence of cultural materials was � s noted n the property and impacts t historical or paleontological resources are not expected. Mitigation /Conclusion. While it is unlikely that cultural surface remains are present, this does not preclude the possible existence of subsurface remains. Any busied cultural resources that are discovered during future ground disturbing activities will create cause for immediate work stop pp e g until a qualified archaeologist can male an assessment of the resources and proper mitig measures can be formulated. Ho wever, no significant cultural resource impacts are expected t occur, and no mitigation measures are necessary. City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 12 Agenda Item 8d. Page 24 fi. GEOLOGY AND SOILS - Potentially impact can Insignificant Not Will the project: Significant 8 will be Impact Applicable mitigated a Result in exposure to or production of unstable earth conditions, such as landslides, earthquakes., liquefaction, ground failure, land subsidence or other similar hazards b Be within a CA Dept. t. Mines & El 11 El Geology Earthquake Fault Zone c result in soil erosion, topographic charges, loss of topsofl or unstable soil conditions from project - related improvements, such as vegetation removal, grading, excavation, or fill? cQ Change rates of soil absorption, or ❑ amount or direction of surface runoff? e include structures located on expansive soils? f Change the drainage patterns where substantial on- or off -site sedimentafionl erosion or flooding may occur? g Involve activities within the 100-year floodzone h Be inconsistent with the goals and policies of the County's Safety Element relating to Geologic and Seismic Hazards? i Preclude the future extraction of valuable mineral resources? j) Other ❑ setting. The topography of the project site is gently to moderately sloping. The site is not located within a 10-year flood zone. The project site is not identified as being located in a hazardous area in the County's Flood Hazard, Dares Inundation Area, or Earthquake Fault Zones raps. However, the County Safety Element's Fault Hazards Map shows potentially - active faults in the relative vicinity of the project area. The County Safety Element's Landslide Potential Map and Liquefaction Hazards Map show a low potential of landslide or liquefaction hazards at the project site. The soil types and characteristics on the subject property include Chamise shady sandy clay loam and Gaviota fine sandy loam. The project proposes the construction of an 18 --foot AC entry road with an AC berm, as well as a paved 10-foot access path around the existing and proposed reservoirs. This will affect cnsite soil absorption and surface runoff patterns. The APCD has stated that the project is City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 1 Agenda Item 8.d. Page 25 w ithin an area that may contain natura occurring asbestos N A . Impact. The landslide risk potential and liquefaction potential during a ground-shaking event is considered low. The major source of potential earthquake damage to Arr Grande is from activity along the regional San Andreas Fault located less than forty miles east along the eastern border of San Luis Obispo County. The most widespread intensity of ground shaking depends on several factors including the magnitude of the earthquake, the distance from the earthquake epicenter and underlying soil conditions. Other - regional faults of significance that could affect the project area In terms of ground shaking are the l incondada and Nacirniento faults, located approximately twenty-five (25) riles east of the City. These faults are considered "potentially actives', and could cause moderate (Magnitude .o+ earthquakes in the area. The West hluasna fault is boated ( 3) roughly three miles east of the � g Cit of Arroyo Grande 2. .miles east of the proj ect site). The. project site would be subject to severe ground shaking in a strong seismic event, which could cause damage to structures and endanger public safety. There is a potential for N OA to occur on the pro perty site. As discussed under Air Q ualit , the Cit will � y conduct testing to verify presence or absence, and comply with existing regulations specific to the management NA. Implementation of the project would result in the disturbance of approximately 0. 36 acre, which may result in erosion and down gradient sedimentation. Soil absorption and surface runoff patterns will be affected by the proposed paged driveway and access paths; however, design of the s ro'ect includes measures and b � t management practices to manage onsite drainage and control erosion. Based on the Soils Engineer Deport and Addendum (Earth Systems Pacific; 2009 ) prepared for the ro'ect p ] the site is suitable, from a geotechnical standpoint, for the proposed water tank and utility connections. The primary concerns identified in the report include the presence of filll material, the potential for diffierential settlement, and the erodible nature of the site soils above the rock. The rep rt includes standard engineering r .. g g ec mmendati ns for site preparation, grading, utility trenching, foundation design, drainage, maintenance, testing, and observation. The proposed project is consistent with the Geologic and Seismic Hazards policies in the Count Safety Element, and the proposed construction will comply with .applicable buildin g code requirements. I iti ationlconcluslon. Seismic hazard, soil stability, soil absorption and surface grater runoff are considered potentia significant impacts that can be reduced to a less- than - level through Compliance with the Uniform Building Code and implementation of recommendations identified in the Soils Engineering Report and Addendum. County Public Works has recommended that storm water runoff generated by the additional site paving be dispersed non- errosively on and that LID components be used to minimize offsite storm water flows. The City has prepared a site and Grading Plan (See Figure . There is no evidence that measures above what is currently proposed or will already be required by ordinance or codes are necessary. 7. HAZARDS &HAZARDOUS Potentially Impact can Insignificant Not MATERIALS - Will the project Significant &will be Impact Applicable mitigated a Result in a risk of explosion or release of hazardous substances ( e.g. oil, pesticides, c hemkals, radiation) o exposure of people t hazardous substances? C ity of Arroyo G ran d e, Initial Study for Reservoir- No 6 Pa 1 Agenda Item 8.d. Page 26 7. HAZARDS & HAZARDOUS Potenti impact can Insignificant N ot MATERIALS project: � ���� pro # Significant will be m ■ ■ it Impact Applicable b) In with are em er g ency response or evacuation plan? c) Expose people to safety r isk El M associated with airport flight paflern d Increase fire hazard risk or expose El people o r structures t o high f►re hazard ondron? e Create any other health hazard or pot enti a l � it hazard? f other setting. The project is not located in an area of known hazardous material contaminat The project is not within an Airport Review area, nor is it i n the vicinity of any Geologic study Areas or fault lines. Regarding potential fire hazards, the project site is located in a High Fire Hazard severity Zon Impact. The project does not propose the use of hazardous materials. The project is not expected to conflict with any regional evacuation plan. The project does not present a significant or increased fire safety risk. The new reservoir is necessary to meet the fire storage needs for existing customers. A fire hydrant will be connected downstream of the tank, which will allow the fire department to utilize the fire storage for the county residents located in the pro of the new tank. The new tank creates redundant storage and allows Reservoir 3 to be taken out of service for Meaning and maintenance, which has not been done since the tank was constructed over 30 years ago. The project is required to comply with all fire safety rules and regulations, including the California Fire Code, and Public Resources code and any standards referenced therein. The applicant has designed the proposed access way to meet CAL FIDE standards. CAL FIRE provided comments on the project, recommending guidelines for installation of the new water tank as follows: crater storage tank mu meet the intent of IFPA requirements; vegetation clearance as appropriate per Public Re code 4291, and in keeping with aesthetic requirements of the county Planning and Building Department; road access of minimum 10 foot width and all - weather surface; - and locked gates requiring a KNOX entry system (Chad relak# November 2009). Mitigation/Conclusion. No impacts as a result of hazards or hazardous materials are anticipated, and n additional mitigation measures are necessary. 8. N O ISE - Will the project: a Expose people to noise levels that eyed the City's Noise Element thresh oIds ? b) Generate increases in the ambient noise levels for adjoining areas? Potentially Impact can Insignificant Not Significant 8 will be Intact Applicable mitigated C ity of Arroyo G ra n de, Initial Study for Reservoir No. 6 Page Agenda Item 8.d. Page 27 8. NOISE - Will the project Pot Im pact can Insign ificant Not Significant & will be Impact Applicable mitigated ) Expose people to severe noise or � r �j vi ra�fior ! ) Other El 1:1 setting. Existing ambient noise in the vicinity of the project site is primarily generated by light vehicular traffic accessing surrounding large lot residential properties. Impact. The project is e to generate construction noise that is likely to impact adjacent residences. Construction noise is regulated by the San Luis Obispo County Noise Element and the Noise Standards of the Land Use Ordinance LU of San Luis Obispo county. The Noise Standards of the county LUO create exterior and interior noise level standards for the protection of noise - sensitive receptors. Pursuant to Section 22.10.120 of the LIDO, noise standards do not a to noise sources associated with construction, provided such activities do not take place prior to :00Al l or prior to g:OOPM on any day except Saturday or Sunday, or before 8: OAM or after :OOPM on Saturday or Sunday. The noise standards also do not apply to noise sources associated with wort performed by private or public utilities in the maintenance or modification of its facilities. Operation of the facility is not e to generate noise beyond existing conditions. During construction, the proposed project may create potentially significant noise impacts that 'can be mitigated to a less-than-:significant lever with implementation of the below mitigation measures. Mitigation/Conclusion. The project will generate short - terra noise impacts with construction a ctivities, which ca be mitigated t o less than significant levels through implementation of the measures listed below in accordance with the county LUO. Long - terra increases in traffic and other operational noise levels are considered less - than - significant impacts and no mitigation measures are necessary. MM 8.11: construction activities shall be restricted to the hours of : OA to 9:00 PM Monday through Friday, and 8 :OO M to :OOPM on Saturday and Sunday. There shall be n construction activities on Sundays. Equipment maintenance and servicing shall be confined to the sane hours. Responsible Party: City o f Arroyo Grande - Pv Monitoring Agency: city of Arroyo Grande — CDD Tim fra e: During construction MM 8.2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. Responsible Party: City of Arroyo Grande - Pv M onitoring Agency: City of Arroyo Grande — DDD Tir efrarne: During construction MM 8.8: Equipment mobilization areas, water tanks, and equipment storage areas shall be placed in a central location as far from existing residences 'as feasible. C ity of Arroyo G ra n d e, Initial Study for Reservoir No. 6 Page 1 Agenda Item 8.d. Page 28 9. POPULATIONMOUSING - Potentially Impact can Insignificant Not N WiIl the project.' Significant & will be Impact Applicable El z mitigated El a) Induce substantial growth in an area El El either directly or indirectly (e.g.., through projects in an undeveloped area or extension of major rnfrastrucfure)? b} Displace existing housing or people, requiring construction of replacement housing elsewhere? c) Create the need for substantial new housing in the area? d) Use substantial amount of fuel or energy? e} Other Setting. The project site is in the County Residential Suburban category and i s bounded by large lot residential development to the north, south, east and west. Public utility facilibes are an allowable use in this category pursuant to County code. Impact. The project will not result in a need for a significant amount of new housing, and will not displace existing housing. Because the project does not create additional fire storage capacity, it is not expected to have a significant impact on the inducement of substantial growth in the area. The s hort-term use of fuel and energy for construction of the reservoir is consistent with expected development in the area, and is not considered a significant impact. M itigation/Conclusion. No significant population and housing impacts are anticipated, and n mitigation measures are necessary. 10. PUBLIC SERVICESIUTILITIES - Will the project have an effect upon, or result in the need for new or altered public services in any of the following areas: a} Firs protection? b) Police protection? c) Schools? co Roads? e) Solid Wastes? Potentially Impact can Insignificant Not Significant & will be Impact Applicable mitigated g) Other Setting. The project site is located within the County of San Luis Obispo, and is owned by the City of Arroyo Grande. The area is served by CAS. FIRE and the County Sheriff and public roads (Stagecoach Road) is maintained by the County Public Voris department. City of Arroyo Grande, Ini "a! Study for Reservoir No. Page 1 Agenda Item 8.d. Page 29 El LN F1 1:1 N El El El z El L�_�J El El Setting. The project site is located within the County of San Luis Obispo, and is owned by the City of Arroyo Grande. The area is served by CAS. FIRE and the County Sheriff and public roads (Stagecoach Road) is maintained by the County Public Voris department. City of Arroyo Grande, Ini "a! Study for Reservoir No. Page 1 Agenda Item 8.d. Page 29 Impact Development ent of the site with one additional reservoir ma increase th reed for fire and police protection services in the event of a fire or life emergency or crime. Implementation of the project would not significantly increase the potential demand for these services; therefor this impact is considered insignificant. The project is necessary to meet the fire storage needs for the exi s t ing c ustomers that are served by the tannic. A fire hydrant will also be connected downstream of the tanks which mill allover the fire department to also utilize the fire storage for the Cou residents located in the proximity of the new tank. The project may create a potential cumulative beneficial impact � ire safety. Although it is not intended to create additional storage, it will allo w the existing Reservoir 3 to be taken out of service for cleaning and maintenance, which has not been done since 1979. The proposed project is consistent with the fire safety regulations in the County Safety Element and comports with the Element's standard S-45, which encourages continued efforts to ensure that sufficient water supplies are available for protection of structures. The perimeter of the project site is currently fended with a six -foot tall fence and three�strand barbed wire for security. Portions of the existing fence will be replaced and a new gate would be install The vehicle access gate would be relocated to allow vehicles to pull onto the drive 'way and out of the street to open the gate. The existing driveway will be improved to meet CAL FIRE standards and serge the two reservoirs. No residential development is proposed o exp ected to result from the project, and rr needs relate � J d to the disposal of solid wastes is anticipated other than short -term construction related waste. construction of the project will also create additional short -term traffic on surrounding roads. No project - specific impacts to utilities or public services were identified. This project, along with others in the area, may have a cumulative effect on pol and fire protection. The project may also have a beneficial impact on fire safety. The project is not exp ected to create residential uses, and will not have an effect upon schools. Short -term construction a generation impacts n local roads and related to the p of construction waste are considered insignificant. M itigation/Conclusion. No significant impacts are anticipated, and no mitigation measures are necessary. Potentially Impact can Insignificant Not Significant &will be Impact Applicable 11.. RECREATION -W ill the project: mitigated a Increase the use or demand for parks or other recreation opportunities? b) Affect the access t trails,, parks or offer recreation opportunities c) O ther ❑ Setting. The project is not proposed in a location that will affect any trail park p or other r resource. Impact. The additional reservoir wo uld not increase demand for county park and recreation facilities. Mitigation /conclusion. No significant recreation impacts are anticipated, and mitigation p no rnitigation measures are necessary. 72 TRANSPORTATION/ Potentially Impact can insignificant Not CIRCULATION - Will the project Significant 8► will be Impact Applicable mitigated City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 18 Agenda Item 8.d. Page 30 12. TRANSPORTATION/ CIRCULATION - Mill the project: a Increase vehicle trips to .local or areawide circulation system? b Reduce existing "Levels of Service" on public roadway(s)? c Create unsafe conditions on public roadways (e.g., limited access, design features, sit distance) d Provide for adequate emergency access? e Result in inadequate parking capacity's 0 Result in inadequate internal traffic circulation? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., pedestrian access, bus turnouts, bicycle racks, etc* lr Result in a change in air traffic patterns that may result in substantial safety risks? Potentially Impact can Significant will be mitigated Q El Insignificant Not Impact Applicable a ❑ i} Other setting. The project is located on the northwest side of stagecoach Toad, in a Residential suburban area. stagecoach Road and other surrounding local streets currently operate at an acceptable level of service. The San Luis Bay Inland Area Plan identifies stagecoach Load as a road being used as collector, but not adequately improved to serge that purpose, and proposes improvements to the road to meet suburban collector standards between the Arroyo Grande city limits and Lopez Drive. Impact. The project proposes construction of an additional reservoir, which will result in additional short -term construction vehicle trips on local roads. Based on existing road speeds and configuration (vertical and horizontal road curves), sight distance is considered acceptable. Additionally, the existing vehicle access gate would be relocated so that a vehicle can pull onto the driveway out of the street and be able to open the gate. The project was referred to the County Public Works Department for review. The County did not identify any significant transportation/circulation impacts. The County noted that improvements to the site driveway may require an encroachment permit, and recommended that it be reconstructed in accordance with County Public Improvement Standard B -1 b (Glenn Marshall; N ovember 2009). The City proposes to comply with these standard requirements. The proposed project will create short- terra construction traffic on local roads. Because of the remote location of the project site, this small amount of additional traffic is not expected to result in a significant change to the existing road service or traffic safety levels. The long-term generation of traffic e.g., maintenance and operation trips) w ould be similar to existing conditions. During City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 1 Agenda Item 8.d. Page 31 construction, equipment or vehicles parked on or near the project site may create unsafe conditions on surrounding roads, resulting in a potentially significant impact. Mitigation/Conclusion. Although no significant traffic concerns are identified, the project may create an unsafe condition on a public road. This -short -terra ]impact can be mitigated to a less- than-significant level with the following mitigation measures: M 12.1: Construction equipment shall not be left, stored or parked on the side of Stagecoach Road unless a traffic management plan has been prepared, utilizing cones, construction signs and other similar tools, to improve safety conditions for local vehicle and pedestrian traffic. Responsible Party: City of Arroyo Grande - PW Monitoring Agency: City of Arroyo Grande — C D Time came: Prior to site disturbance/construction 13 WASTEWATER - Will ' tie Potentially impact can Insigni lcant Not project. significant &will b I Applicable mitigated a Violate wast discharge requirements for wastewater systems? b ) Change the quality of surface or groundwater e.g., nitrogen- loading, daylighting 7 o Adversely affect commun rase rater service prov co Other El sefting. The project does not propose a wastewater discharges. Impact: The added reservoir will not affect any community wa stewater systems or create any additional wastewater demands. Mitigation /Conclusion. No significant wastewater impacts are antic and no mitig ation measures are necessary. 14 H AND WATER Pot entia lly I mpact c an Insignificant N ot Q UALITY - Will t pro � Sign�fiSignificant will be � m tigated Im pact Applicable a Violate an water quali standards? F1 b Discharge in to surface grat or otherwise alter surface water qualit ( e.g., turbidity, temperature., dissolved oxygen, etc. c) C hange th quality of gro t (e .g.., salt rafer infrus1'on, nit o en- loQdigy etc.) City of Arroyo Grande, Initial Study for Reservoir Afo. 6 Page Agenda Item 8.d. Page 32 14. HYDROLOGY AND WATER QUALITY - Will the project: d) Change the, quantity or movement of available surface or ground wafer's e} Adversely affect wafer supply? 0 Other Potentially Impact can insignificant Not Significant & will be Impact Applicable mitigated setUngt The topography of the project site is gently to moderately sloping. The nearest water source is a creek located approximately 0.2 mile north of the project site. There are also two unnamed ephemeral drainages approximately '1 feet from the project site that likely only carry stormwater during the rainy season. These drainages are located on the opposite side of Stagecoach Toad, and appear to eventually flow into Arroyo Grande Creek. Impact: The project consists of the construction of an additional above - ground water tank to allow for maintenance and cleaning of the existing tank. No point source water discharges are anticipated and the proposed project is not anticipated to result in a significant increase in water demand. Proposed landscaping includes 6,500 square feet of drought - tolerant landscaping, which will be irrigated with water supplied from the new reservoir on a temporary basis (approximately two years). The project is exempt from the National Pollutant Discharge Elimination System 11PDES requirement for preparation of a Storm Water Prevention Pollution Plan SWPPP because the project is less than one acre in size. The project proposes the disturbance of 15,700 square feet and approximately 204 cubic yards of cut and 515 cubic yards of fill. In general, the proposed grading and drainage would follow the existing drainage patterns onsite. Concrete swales and storm drain inlets are included in the project design to prevent any storm water runoff from the paged access roads surrounding the tanks from flowing over the adjacent slopes. Construction activities at the site could result in degradation of water quality in nearby surface and ground water bodies through surface runoff and infiltration to ground water, and may indirectly cause impacts on the riparian values of the downstream water bodies and sensitive species. Construction equipment can also leak dangerous chemicals that can seep into groundwater or into water bodies. However, because o f the minimal construction anticipated, and location of the proposed project, this impact is considered less than significant. The project has been designed to minimize potential water quality damages associated with potential runoff and sedimentation. The project includes erosion and sedimentation control measures, including inlet protection, installation of fiber rolls, ch.eck damns on access road, fencing for protection of existing vegetation outside of the limit of construction, and the application of straw mulch with jute netting on engineered slopes. A concrete washout area and stabilized construction entrance will also be provided if necessary. As designed, these impacts are considered less than significant. Mitigation/Conclusion. Tine city has created an Erosion and Sedimentation Control Plan (see Figure , and the project will implement standard sedimentation and erosion control measures and best management practices to minimize e these potential impacts. Impacts to water quality can be reduced to a less - than- significant level with implementation of the above - referenced mitigation. City of Arroyo Grande, Initial Sturdy for Reservoir 1 . 6 Page 21 Agenda Item 8.d. Page 33 15. L Will the project. Inconsistent Potentially consistent Not Inconsistent Applicable a Be potentially inconsistent with land ❑ ❑ arse, policyreulation e.., General Plan, Development Code), adopted to avoid or mitigate for environmental effects? b Be inconsistent with any habitat or community conservation plan c Be potentially inconsistent wifh adopted agency environmental plans or policies with Jurisdiction over the project? aI Be potentially incompatible with ❑ surrounding land uses? e Other ❑ Setting/Impact The project site is in the Residential Suburban category, and the proposed use is an allowable use for that category. Surrounding land uses are identified on Page 4 of the Initial Study (See also Figure 3, Land Use Category Map). The proposed project was reviewed for consistency with policy and/or regulatory documents relating to the environment and appropriate land use e.g., County General Plan, County Land Use Ordinance, City's Land Use Element, etc.). The project was found to be consistent with these documents and codes with implementation of the move 'mitigation measures. The project is not within or adjacent to a habitat or conservation plan area. The project site currently supports Reservoir 3, which was built in 1979, and the proposed addition of another reservoir is compatible with surrounding land uses. Mitigation is recommended to reduce the effects of dust, noise, and storage of construction equipment and 'materials in the area, which would minimize the potential for lanai use conflicts during construction. Mitigation/Conclusion. No inconsistencies were identified and therefore no additional measures above what are already required are necessary. 16. MANDATORY FINDINGS OF Potentially impact can Insignificant Not SIGNIFICANCE - Will the Significant & will be Impact Applicable mitigated project: a Have the potential to degrade the duality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal o eliminate important examples of the major periods of California history or prehistory? 11 E b Have impacts that are individually limited, but cumulatively considerable? city of Arroyo Grande, Initial Study for Reservoir No. 6 Page 22 Agenda Item 8.d. Page 34 ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects the effects of other current projects,, a nd the effects of probable future projects) 0 Have environmental effects wh h will cause substantial adverse effects on human beings., either directly r indirectly? City of Arroyo Grande, Initial Study for Reservoir No. 6 Page 23 Agenda Item 8.d. Page 35 SOURCE LIST: 1. City of Arroyo Grande General Plan (October 2661) 2. City of Arroyo Grande General Plan Land Use Map (October 2001 3. City of Arroyo Grande Development Code 4. City of Arroyo Grande Zoning Map 5. County of San Luis Obispo General Plan 6. County of San Luis Obispo Land Use Ordinance 7. County of San Luis Obispo San Luis Bay Inland Area Plan 8. Air Pollution Control District Clean Air Plan 9. 2609 CE QA Air Quality Handbook 10. FEI A - Flood Insurance Fate Map 11. Ordinance No. 521 (Amending Title 10, Chapter 3 of the Municipal Code regarding the Community Tree Program 12. USDA Natural Resources Conservation service National Cooperative soil survey 13. County of San Luis Obispo Land Use and Zoning Maps 14. County of San Luis Obispo Natural Hazard Disclosure Maps 15. County of San Luis Obispo safety Ele'Ment Maps 16. Soils Engineering Deport, Earth Systems Pacific, April 2069 17. Addendum to Soils Engineering Report, ort, Earth Systems Pacific, May 2009 18. Biological Resources Surrey Report, SWCA Environmental Consultants, July 2010 19. Cultural Resources Survey, SWCA Environmental Consultants, December 2009 Attr_hmP-n#- Exhibit A: Figures Exhibit B: Project Deferral Responses City of Arroyo Grande, Initial Study for Reservoir No. 6 Page Agenda Item 8.d. Page 36 EXHIBIT INITIAL STUDY FIGURES City of Arroyo Grande, Initial Study for Reservoir N . Agenda Item 8.d. Page 37 City of Arroyo Grande Reservoir No. 6 Initial S f rojectNo. 232.59 10 Figure 1. Project Vicinity Map .a-f r .. t i VF 5 A .n� #' �f Vii: Kr S . te `s .s` * .. # '� x�.✓ s #' ' *� '•'1'* -cam' '�h''y. - .. f / *4+ i .�\.s •'... m e t ^A` ....,.r.�' h. . PROJECT LOCATION A :v it 4(4 " s t r ♦ } 9 i tf ik..0 ,p } ' x 34 All t W � +ice �? '4.�ir � Y 7 �� '- W. J �� - '4...: w' � � �' jFY � • �/y .ate �. }r'' 3 # ' Y "`,� ,, r,f ' �. o l k Af I p`"t• J � f It +I � A � e Z 4.[ A. ! y 0 500 1,000 2,000 Feet SWCA Arroyo Grande Reservoir 0 125 250 500 Meters 1 0 C opyright: 0 U.S. Geological Survey 7.5 Minute Series (Topographic) Project Vicinity M ap Arroyo Grande NE Quadrangle, Photorevised 1979 1 Agenda Item 8.d. Page 38 City of Arroyo Grande Reservoir No. 6 Initial Study Project 1o. 232.59 Agenda Item 8.d. Page 39 Figure 3. Land Use Category Map C i(y of Arroyo Grande it No. 6 Initial to " p c Agenda Item 8.d. Page 40 Fi 4. Aerial Pho,to Map a . rvoir No . 6 Project Descr Figure S. Site and Grading Plan r r . �` — ;• -t ' —, "'' `' � ACCESS ROAD CROSS EG710 N... •'+ i s "` .r' {�1t" -# L -. +. f � �' ��.ti* 'sue • ���� �",~.. � � '�� � +���� s ' C4R�sK. -333 • - •� �. tea. � xmx �r lL �w [ e !w ge ae 11 .� - 1 do kil ' X10. f � r 1 k 4` •� r. =� F r it - � '� � 'Yt _pp�y *k .�/ f ��I 4� ._r -;�. u�rrF�iG�Y �"'R:�.w..r 1r ++ •� ;�� - J STAGECOACH ROAD r DRIVEWAY CROW SECT10H 5 Agenda Item 8.d. Page 41 rvorr No. Figure 8. Erosion and Sediment Control Plan r� ...� / k* #'of ilWmra wow pe -4 mi l . IMF IF fir' {. r 7^ 1 � R •y am . +C :Ur4W" i.y } -- { j am '':.• .# 5 � 4 ry ''4'f ! ?t, i i'% - ..5� 4 ,111 � _ ♦i. i. ���� . i � 4 A Irl ` A No d o s i l � :.� : ;� � %:;- �''x'y - "i � rt . Inc ` _y: 7 x y. 4 • ti,:; .. �^" •' ry r ? x� V - ff - &C# N AL If Ay "x _ ve FL /L MNW r_ � �+�� S .,_�.... �► �.�- R�' - r �. rr/F �iF� si���wsi}riwF�wf+r a'rr 40 vp �• • � ~ mow � �y w3 �1���r _� . - , - sue = - _ �+llhf!•cCS+C�I.� STAGECOACH ROAD 4 -' -� rw•Ihrww £fy A I� AR ROYO JJ � MA3 fte" v4q Cv�. I-■IZ ,..., DEPARTMENT OF PUBLIC WORKS �„ ,,,,�,,�"•,`�"` ,� ve � V rrs le-v R ESERVOIR AND DRO B OOS TER SAT d = irRUarC�' 'lYfI4�Li�r • ' � TANK ER NON CONTROL PLAN TA ECOA H ROAO r- arse Project Description LEGAFM PROS? Z'a!SCRJ�W N Lam' 7q' 'ATTWiAAN •1L'F CSL�w�lJi -A Alum wa%;L3 %W- ..... ... 6 Agenda Item 8.d. Page 42 - rvoir No. Figure 7. Landscape Plan Project Description !fts W* + ;tA';pm .r 11FUM LW ' Y r bK '.may �♦ + • �+' .� M1xt M1 � *+F x ��� x} '�, : � vkr, nan' nxrt tl.rer mss. i ►+`Vn '. • _ �" � r +F `''ar xs /"c+ -. .. . 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R.. hF��S�¢ K l�_�bd�L16C';�AS3rICa5fiG�l��f3 f ri1G ILYF� +49�C�£L � '/ W.i.1, lgFF�ii1G A106isgHiE,+C�.41CA;�'�7Ftff� 1l�5+MCLC�l�z7�i5,nL7't aMam 19bFY3R7 -'�N{ SS�11Y►+[1tMSP C7Q. CITY OF ARROYO GRANDE alffussam DEPARTMENT OF PUBLIC WORKS 4AW --V" + RE EW' 01R 6 AND CSR B TER STATION PtMTING PLAN " mzew& ev Pt Le : _ _._ .... STACECOACH ROAD AND ORO DRIVE Is Wig 7 Agenda Item 8.d. Page 43 EXHIBIT B PROJECT REFERRAL RESPONSES NSES City of Arroyo Grande, Initial Study for Reservolor No. Agenda Item 8.d. Page 44 REFERRAL LIST: Countl of Son Luis - Obispo De a r tment of Noun ng. and B ui I .. ling Couh Go rernme t Center, Room Zoo Sun Lui Obispo, A 93408 County of Sorg Luis. Obispo D .of Public Works County Govern me nt' ente' r Room. 20 San Luis - Obispo, CA 93408 County of Scan Luis - Obispo Division of Environmental Health 2191. Johnson Avenue San Luis Obispo, CA-93401 California e a dme' nt of Fish and Gana Cenral Region. Headquarters 1234 East Shaw Avenue. Fresno, C 9371 Central Cousi Regiona I Water Q ua lity Control .Board 895 A rovrista Place, U'Re 1. g 1 Son Luis Obispo., CA 93401-7906 San 'Luis Obispo County Air Pollution Control District 3433 Roberto Coon San Luis Obispo.. - CA 93401 City of Arroyo Grande Community Development Department 214 East Branch Street Arroyo Grande, CA 93420 CAL FIRE 635 lord Santa Rosa - Street San Luis' Obispo, CA 93405 Agenda Item 8.d. Page 45 Coil FIRE San Buis Obispo County Fire. Department NOV 12 eons 635 N. Santa Rosa * S,a Luis Obispo, A.93405 Phone-,.805.543.4244 • Fax: 805. 4 # Mat i Jenkins., Hr6 Ch November 10, 2009 Shaw ha Scott Environmental Analysis Project 'Manager 1422 Monterey Street Suite Cy2 o San Luis Obispo, CA - 93401 Subject: mater Storage Tank APN: 047-1-26-010 Dear S own :- CAL FIRE/San Lars Obispo County Fire Department rtment has reviewed the. project for the p ro osed, new eater Storage t in k located at Stagecoach Road and ..P lo a Place, Arroyo Grad, CA, CAL F1 R E offers the following g Wide Iine for the: 1 n stallatio n - of the water - storag e tank. Water storage tank .must meet the intent of NFPA e i ements Vegetation clearance as appropriate er Public Resources Code 429 and in keeping with et:the r it r ent of the 'County Plannin Bdilding'Departm'ent. Road adcess of minimum 10 foot wit .and :all -wea h r surface.. Loc'ked gates require KN X entry stem. For further i or ation, I 'May be reached at 05 543 -4244, Regards, Chad T. Zrelak Fire Captain Agenda Item 8.d. Page 46 N � V } 3 2Ct,9 SAN LUIS OBISPO COUNTY DEPARTMENT OF PUBLIC WORKS Pauv O gren - , Di County Govemment Center,, Room 207 . San Lois 0 1s o, CA. 93408 • .(805) 1 -5252 Fax .( 805) 781--1229 smart address: pvvd @co.sJo .ca.u s MEMORANDUM Date; November 1 2, tog To: Sha rna Scott, SWCA Environmental Consultant 1422 Monterey St, Suite 0-200 San Luis Obispo, CA 93401 F rom'. Glehn Marshall,, Dovelopme Services Engineer Subject: Installation of a new 250,000-gallon Water Storage `Dank -on an exciting tank site Iodated or' Stagecoach Road, d, APN 047-1216-0 Thank , ou for the opportunity to provide vinformation on the pr subject project. It 'has been reviewed by several divisions of Public Works, and this represents - our consolidated re ons . General Comments; 1. Impro tothe driveway shall .require are encroachment permit from the County Public Works Department for a - 1 b a ron. 2. Landscaping' within the Public right -o -way . may require an en roa hr ent permit from the County Public W rl s D epartment. All landscaping shall be in or f rman a with County tight distance standards and shall be the ires ponsi i ity of the property owner to maintain 'in perpetuity. 3. Storm water runoff generated by the additional site pay ring should be dis . rsed r� - errosi ely onsite. l eoo m n.d LID components to minfrni a offsite st w flows; Recommended Conditions f A r r l.M Prior to loan or final inspection, the Stagecoach Road driveway approach shall be reconstructed in accordance with County Public Improvement Standard 13-1 'll ddvie'Way approaches constructed on County roads shall require a encroachment permit. Pleas contact me at. 781 -1 596, or at the above address if you h ave additional comments or questions Agenda Item 8.d. Page 47 4} f E I o EN CO LT ANTS T s r ' DA TE: Novemb . s 2009 Son Luis Obkpo . office 1 422 Morey Street, suite C2 Sari Luis - Obispo, C 93401 T el 805.543.7095 Fax'M. 43.23 www,swca.com O: C ounty o f S an L uis Obispo D epartment of Publ Works County G erD n lit Center, Rove.. 207 Saga Leis Obispo, CA 9340.8. pFCF,,.1VED NOV � 4r. r Cit of Arro Grande Public'Works c/o Shawna Scott, SWCA EnAronmental Consultants. .� ': P ROJECT SC�'T IONi Please refer o project � .* �x` � t tie p� o,ee esr�pt�on fig ure. ea se return this cover leftel- i yo r comments attac hed .n lat .r than 14 days from receipt of th i referral, by November 23 200 to: Shawna Scott, EnvironmentAl Analysis Prode. t Manager' 1422 Monterey S., Suite C -200, San Leis Obispo, -CA 93401 (P) -*.(805) 543 - 7091 , ext. I I I • (F): . 8 . 543-23 sseott@sNvca.com IS THE ATTACHED INFORMATION ADEQUATE TO COMPLETE YOUR REVIEW? 00 (Please-90 to nest question) ❑ N (Please optact a o� hs oss'i a to discus additional fore lon o . ec uir ARE THERE ANY SIGNIFICANT CONCERNS PROBLEMS, OR IMPACTS I. Yo -AREA OF REVIEW? ❑ YE8 (Please describe fin pacts, akng with reconi iend'ed mitig tion measures to reduce the l"nipacts to less than signi i n 'fe el , and. tacli to this let r 0 0 N 0 (Please g o to next q'it s ion INDICATE YOUR RECOMMENDATION F T FINAL ACTION. Please aftach any condi of a ppr ova l you recommend t o b incorpbl ted i nto the project.'s approval, or state reason for recommending denial. IF YOU H"E'WO COMMENT" PLEASE SO INDICATE, OR CALL. &6 Date Name Fevre. Agenda Item 8.d. Page 48 Sw .fit From. fterry ..l,a.o. Sent: Friday, November 13, 2009 12:34 PM T -: Shawna Scott Subject: Cit'o AG - Reservoir No, Dear Sl a na, Attached is the EFL referral response for the City . of AG project. Have a wonderful weekend. end. Leslie L4slie A. Terry . . H. 8. Environmental H Specialist gill Land U.s.e Section ore. (805) 781 -5661 fax 781-4211 1C . ,10- Agenda Item 8.d. Page 49 AIR P CONTROL DISTRICT ,lio COUNTY OF SAN LUIS t)[31S['[U Nove�nbe�• 25, 2009 .mss. Shaw a Scott, Resource Specialist Mori. Group, a. DIVISioti of SWCA 1422 Monterey Street Suite 0200 San'Lu s Obispo, CA 93401 SU J CTI APCD C o,mmen.ts . Regarding the Arroyo Grande Reservoir tf 6 Project Referral, `erral, ( ProjeGt - N' mber 232.591 Dear Ms. Scott, Thank you for Including tie Sari .Luis Obl*. County Air Pollution Control D istfict APC in the. C 11V iro review - roce. s.. We have m our r .i w of the proposed water tank project located at the northwest side of Stagecoach Road, so th of .Paloma in Arroyo Grande. The' propose. d project i's the addition of -new 250,00.0-gal I 6n, above welded steel, water storage tank I s rvoir # at the not hw�t side f Stagecoach Road in Arroyo Grande; The p roject site 'is .x,64 acres and currently louses a existifig r s l- o r (Reservoir # which was. ., bu ilt in 197 The new reservoir tank design w ill comply with Am erican W . - Work Association AW WA) -D 100 s tandards for steel tAnks. The" exterior -colo r wi 1 b e which is similar to the existing-Reservoir 93. The. tank would be 26 feet in height, and 44 feet i diameter. The project would utilize the existing access read from Stagecoach Road for access to -the existing and proposed reservoirs. The proj" e . would improve tie access of an asphalt concr ( AC) entry road with -and AC 'bean, T hefollowing car -e APCD connneiMy th GENERAL COMMENTS As a commenting agency in. the California. En Quality Act CEQA review process for a project, the APCD assesses .air oll tion im 'pacts fr both the c nsh ctio n a o perational. phases of a prbjebt Nvith separate. significant thresholds for each. Please ad-d ress -the action items contained I - this letter that ax hig ted by bold and undet-fined text. CONSTRUCTION PHASE MIT1GATI N The APCD stag' considered - the c ns' trr ction iffipacts' of thi's. i elop t. b cone ar i g it against screening models W'ithin the .APC: ' Air Quality Handbook. tls in is a that phase impact * likely b less than 'the APC. D's significance threshold values of 1,85 i.bs of emissions per r a an 2.- t ns o missions er ailer. Therefore,. ith 't ie exception of the re ireme is below, the AP CD its not requ iring o ther crnstr ction. pli sse mitig i i sores for this project... 3433 Ro berto C ourt * Smi Ni -Obispo, CA 93401 Rt 805 - 781 -5912 * AX-0 805 - 781 Agenda Item 8.d. Page 50 Project r , r* Arroyo Groande Reset #s ir Noveinber 25, 2009 Page 2 of Nafurally Occurring asbestos The boot sit is -located in a candidate area for Natura Occukring Asbestos (N A , wh has been idc ti fi d . toxic air cont t inant b t. e Calif rni Air* Resources Board. AR . U nder" fl ARB Air 'To ies Control M 'ensure A.'TCM - for `on's i ti n, Gr di , Quarrying,. and Surface m in l o -a t rior - to ai!j grading activities at the. site the p rglect B pro onen't shall ensure that a �' cv l atlo - i con dticte to dete� rhre if No i pre ent ltlfl the area that will be disturbed.. 1f NOA is not present - nr ti n re Q uest .gust be filed (see ith the istrict . ttach gent 1J.- If NOA is found fit tine sit thea must .01 1 w ith all te g W rern 'ts outlined in the .Asbestos ,ATOM. 'This inay include devel.opinent of a Asbestos 'Dust Mitiga Plan -and an As APCD. Please refer to the APCD web page -at liiiii.-Ilittvi)tt�sloclectitaii-4,orglbttsi)-.iesslasbestos.-a for more information or contact the APCD Enforcement Division at 781 -5912. Developmental Bumi. Effective February 2 , 2 t he APB robibit d developmental. b r _ At material -witlri San LuiIs Obisp Coun ty. Under certain circumstances where no technically feasible a t r tl. s - are avaiiable, Ii ited de el pitchtal burring und.er res.tri ti.ons may be allowed. This require8 prior application, payment of fee based. . on the size of the p rOj , APCD approval are is anoe o f a hum pennit b APCD an the l ocal fi re department authority. `lie ppli at'rt 1* s required to rni the APCD with the - stud. of technical. f asibili r (which. includes costs .arid other constraints) at "the of application. if you have ally questions regarding these requirements, contact the APCD E f rcer en't Division n at 1-- 591.2. Demolition Activities The project referral did not 'indicate whether there a c existing. structures on the proposed site that will be demolished. Demolition activities can have potential negative air quality - impacts, i cludi issues s rr undi g prop'e'r dlin. , -d mol tion, and. disposal of . estcs eont i'ming material (ACM). :Asbest s co tainin -materials ould be ne art r' d durmg demolition o.r remodeling of existing buildings. As estos can also a and in utility. tr ansit pipes or insulation o pipes). If it ill . " � relines are. scheduled for removal relocation* It or buildl -are removed or renovated this 1prQieet may be sttb :ect to - v r•lous eg ulator• j uiisdictions, including the , ., r te.1 is stila W the I i n l m' ' ssio 'Sta da d for a and us Air' Poilrtta ts 0C .6 Sub pail M - as be tos NES AP , The -requirement i cl de but are not limited to: l notification requirements to the District,, 2 asbestos survey o ducted by a Certified Asbestos Inspector, ati ,. 3) .applicable removaj and. disposal requirements of identified ACM. Please con . tact the APCD En.forcemen 'Division at'781-59 12 for f tili r informal i Dust Control Measures Co st c J on acti Viti es. .c ar. ;en.enate it i e dust, which - could b e. a nuisance o'local - re ide is and businesses i close- pro mm ity to the proposed - construction site. Dust . plaints could result in a violation of the APCD's 4 "Nuisance" Rule. Thi's 12r9ject is lr r ' otentially sensitive receptors and shall. be c ondifloned to e m IV- with .lt ap li air -Air PoItution Cont District r g ulations er.tainin to the ntrdl. of f '' itiv d t (PM1.0 ) -as contamed in section 6 .5 of the Air ja i . a (lboo. .dill. ltc grading and demolition lags. noted shall list the following Agenda Item 8.d. Page 51 PrO -Ajqj-o Grande Reset-voh- #'6 November 25, 2009 Page 3 of. a. Reduce the.-amount of the disturbed a rea where possible, . Use of wa't l• tru ks or pnhikler systems ill S ff ci ent quantit.i s to prevent a r.b rne- dust. fror le vin l t e:site. s�ed water - ing re ell y would be. required whenever wind speeds � Beds exceed . mph. 'Reclaimed (non-pota water` iould e used whenever ossi.e,: e. All dirt stock pile areas should be sprayed daily as needed, d. 'emianei t control. ineasu s - identified in the approved project re eget tiorr and lands a a laps should be i� � 1 r rated soon as� . .po si le following .completion .of any s1l isrir� avites, e. Exposed g round areas that are planned to be reworked at dates greator than one month after ini al .grading Should be sown w *1 th a fast gerimnating native gr seed -and watered until a tati is tabhshed, f. All dstuybd soli sb`eet t r• etatin should be stabilized using approved . ha j soil bind. rs, jitte netting, or other nie.t ods approved .hl adva by the APCD, . All roadways, driveways sidewalks etc. be paved �sho ld. be completed as soon as po,s ibl , Jn additio ,'building pads should be laid as soon as possible after grading unless - seeding or o'll binders: d, h. Vehicle-speed for all Construction Vehicles shall oot exceed 15 mph o n any unpaved surface at the construction site, L All trucks haul i ng dift sap d, soli, or other loose materials -are to b cover or sh ould maintain at least two Feet of freeboard min m a heal -di ance between top of lad and -t of tr #ailer .. ir' accordance e with C C Sect io . 2 114 J. lnst l.I Wheel washers w .em. vehi cle� enter and exit.. Unpaved roads -onto -streets or 'Wash off trucks and a u* e.nt leaving the site, a nd, k. Sweep stre is at the - end -of each day , if Visible soil materi l is carried onto adjacent paved roads. Water sWeepers. with redl.air ed. water should be Used where f easible. All M1 o mifig bon m easures requir should b sow n grading are uiidlng plans. In' addition, the contractor or builder should designate a person or persons.: to :monitor the- crust control prograin and. t order - increa e - ater i ng, as - necess r : y) to prevent - transport -of dust offsite. Their duties shall include holidays wind e ker d per *ods Nv work may not be in pro rm. The name Mid t l one numb r- of eh ersons shAl1 be' v1ded to the A C "v r* to land a cle a rlince for bia'p record ation and fin ls d rad in f'e a r a. Construction Permit Requirem fQ .Based on the i nfonnation provided, we.are unsure ofthe 't pes of e equipment that may be present. during the. p ' J ect "s cols tru tion phase Portable orta le e uipment, o horsepower • o eater, 'used dun'tig construction ctivit. will :r u re - Califon' ifia. -sta a r.i e portable equipment reg is ratioA . issued b y the C al ifornia Air; Resources . oar or an AP CD perm it. The. following list is provided as a .guide to equipment and operations that may'ha e permitting requirements. should not be viewed as exclusive, Fora y ore. detailed listing, refer to page A-5 in (lie D istr'ict's C Q . Handbook. a Power screens, conveyors, diesel engines, .andr criers • Portab gener ators - an d e ul r rat wi engines that are 50 lip or greater; • Internal Combustion stio engines; Unconfined abrasive blasting operation Agenda Item 8.d. Page 52 Pro Referrcilfork-i- Grande Reservoh,- # 6 Noventber 25 ,2009 .2009 Page 4 q f 4 Tub g rinders., and Trommel screens. To rm*nintize potential dgla t '*or to the start of the ro` t lease contact the APC E ngineering Division at L8051 for speelfic i f.. rr a ioll aMing erinitti i requirements OPERATIONAL PUASE MITIGATION Ope rational Permit 'Re uirenient Based a the information ro de ., -eve are unsure of the types of e u ipilient that may be. present at the site. perational o rce - ' A r require - APB. permits. he following fist 's rovi ded as a . wide t equipment and operations t hat may have pennIttin re irOi ent , but should not be viewed as excl u sive.. Fo inore de a fl.ed Ii ti - r 'er to page A-5 in the. 'I tr1'et' -C QA Handbook. 9 .'oila le gcnerators and equipment with n 'ne that are' greater; or le trc l . generation a nt or - the use of standby • Pipelines; Public utility facilities; and, Internal Combustion Engi'ne's. To m inlnihp p otential delay p ribr , to ttlie start o . t. ro` et lease contact the APC En g ineering Division at L805)781-5912 - foj- ` specific hif riviation e g i err�iitti!x '1 *m Again, thank you for the Opportunity to comment on - this proposal. I you .have r stion r C OMM-en s feel free to contact j e at 781-59 Sincerely, / 2a7 Gary Areemont Air Quality Specialist GJA AJM r r Cite of Arroyo Grande, CO'ninwinty Devielopment Department Tim Fiths, Enforceniciit l i i ioii,, APC Karen B nooks, iforcei nt Dlivisioii, BCD Gary Willey, Engi teen ii is ion, - A M Attachm tit: .1. Naturalty Oc curring Asbestos — Construction & Gradin.g Project Exemption Request Vorm., o stnictimi. & Grad�hg Project Forni : lankegaVr ecf' mvieM30MM DM I - i �W, 14.doc Agenda Item 8.d. Page 53 Mitigation Monitoring Program Mitigation I Requirements of Measure Measure Administrative Action Tuning AQ The project shall comply with all applicable ( NIM .1) Air Pollution control District APC ) regulations pertaining to the control of fugitive dust (PM 10) as contained in section 6.5 of the Air duality Handbook. All site grading plans shall list the following regulations: a. Reduce the amount of disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed mph. Reclaimed (non-potable) water should be used whenever possible; C. All dirt stock pile areas should be sprayed daily as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast D germinating native grass seed and watered until vegetation is established; 0 f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil oo binders, jute netting, or other 406 CL methods approved in advance by the APCD; q. All roadways drivevwra vs, Include on grading and construction plans. Assign person to monitor compliance. Upon preparation of grading and construction plans. Implement prior to and during construction. Monitoring and Reporting Schedule Note any inconsistencies with measures in weekly air quality monitoring reports during the construction period. Responsible Monitoring Party Agency City of Arroyo City of Arroyo Grande — Pv I Grande CDI, APC D I ' of ril s M Z r"JI Mitigation Monitoring Program c� c� rz �04, c� co cn . v, rz . M Re q uirem e nts f Maur � Administrative Monitoring and Monitoring Timing R ep o rting Re Agency I�A�r chin Pay Schedule sidewalks, etc. to be paved should be completed a soon a s possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaged surface at the construction site; i. All t hauling dirt, san d, so il, or other l oose materia are to be covered or should maintain at least two feet of freeboard (minimum vernal distance between top of load and top of trailer) in accordance with CVC Section 23 114; j. Install wheel washers where vehicles eater and exit unpaged roads onto streets, or was off trucks and equipment l eaving the site; and k. Sw eep streets at the end of eac d i f Visi soi mat eri a l is carried onto a paved roa ds. hater sweepers with reclaimed water sh be used where f ACS The project shall comply with all applicable Conduct evaluation Prior to grading Verify completion City of Arroyo City of Arroyo (MM .) regulations contained in the Air Resources rce and subunit and of task prior to Grande — PW Grande — Boar~d (ARB) Air Tonics control Measure applicable farms to construction. construction. CDD for construction, Grading, Quarrying, and the P D. Surface Mining Operations relating to Naturally Occurring Asbestos i A . Prior to any grading activities at the site, the applicant shall ensure that a geologic evaluation is conducted to determine if NOA is present withi the area than will be disturb If NOA is not p resent, an exemp tion re uest must be filed with the Mitigation Monitoring rin Program c� c� �04, c� � cn . Mi t i g a t i o n Re quirem e nts f Meas Administrative Administrative i Ti rl'�� �'1 Monitoring and Rep o rt ing M onitorin g Agency Mea Schedule Pa AF B. If NOA i s f oun d at the site, th applicant rust com with a ll re outli in the Asbestos A T ol cs c ontrol M easures. ACS The city sh obtain re quired permits from Contact and consu P rior to grading obta permit city of Arroyo City of Arroyo (MM3.3) APCD for the use of portable e quipment with APCD to o btain an d operation. prior to operation. G — PW G (80 horsepower or greater) and applicable required permits. CDD operational equipment. The City shall contact the APCD Engineering Division at (805) 781 -5912 for specific information regarding necessary permits. 13 10 The city shall retain a qualified biologist to Retain qualified Prior to grading Retain Qualified city of Arroyo City of Arroyo (MM 4.1) assist in the removal/relocation of woodrat Biologist to assist in and operation. Biologists prior to Grande — PIN Grande — iddens if any that are located within the the construction. CDD project disturbance areas. Removal of the removaVrelocation Dote any middens should be conducted after of woodrat middens. inconsistencies September 1 and before February 15. with measures in During implementation of site clearing weekly air quality activities and under supervision of the monitoring biologist, the contractor shall remove all reports during the vegetation and other woodrat shelter within construction the disturbance areas that surround the period. woodrat maddens to be removed. Upon completion of clearing the adjacent woodrat shelter, the biologist shall gently nudge the intact middens with equipment or long handled tools. Due to the potential health hazards associated with removing woodrat middens, hand removal is not recommended. W orkers shall place their equipment within the previously cleared area and not within the undisturbed woodrat shelter area. The objective is to alarm the woodrats so that they evacuate the madden and scatter away from the equipment and into the undisturbed areas of the site. once the woodrats have evacuated the rnidden, the contractor shall q tq ql ick u p the structure with a front Mitigation Monitoring Program c� c� c� co 40. Mitig g F Requirements of Measure Ad ministrat ive T imin g Monitoring and R eporting Responsib Monitorin Measure A ction schedu Party Agency load and move it to are area not t o be dist The o bject ive of moving the structure is to provide the displaced woodrats with a stockpile of material to scavenge while they build a new midden; consequently, jeopardizing the integrity of the structure is not an issue. BIO Prior to any construction activities, the Include on grading Prior to ground Note any city of Arroyo City of Arroyo ( MM .) project site shall be clearly flagged or and construction disturbance. inconsistencies Grande — PIN Grande — fenced so that the contractor is aware of plans. Assign with measures in CDD the limits of allowable site access and person to monitor monitoring disturbance. The number of access routes, compliance. reports during the size of staging areas, and the total area of construction the activity shall be limited to the minimum period. necessary to achieve the project goal. Bio Removal of vegetation and pruning of oak Include on grading Prior to ground Note any city of Arroyo City of Arroyo (MM 4.3) trees shall be conducted in the fall and and construction disturbance. inconsistencies Grande — PIN Grande — winter (between September 1 and plans. Assign with measures in c D Feb 15), if possible, after fledging and person to monitor monitoring before the i nitiat ion of avian b ree di ng compliance. reports d unng the activities. construction pe riod. BIO if vegetation must be removed or trees city to retain a Prior to City of Arroyo city of Arroyo (SAM .) pruned from February 15 to September 1, qualified biologist to vegetation and Grande — PW Grande — the applicant shall retain a qualified conduct pre- tree removal. CDD,CDFG biologist to conduct pre - construction construction surreys for nesting bird species within the surveys project site. if active nests are observed, the applicant shall either 1 wait for such nesting birds to fledge an d leave the project site, or consult with the appropriate resource agency and secure impact authod action, prior to site distu BIO A Tree Protection Plan shall be prepared Include on grading Prior to ground city of Arroyo Cky of Arroyo { i�A 4. by a certified arborist for all potentially and construction disturbance Grande — PIN Grande impacted trees to remain on the p roject p p � p lams. Assig CD site, including oak and pine trees. Any person to monitor oats trees intentionally or unintentionall comp liance. Mitigation Monitoring Program c� c� �04, c� co CO � . Mi Re quirements f Mea A dmini s trative Tirr�ir� M and Reporting � R espo n s ible M Measure tin Schedule Party Agency killed or removed that are greater than or equal to four inches diameter at breast height DH and less than twelve 1 inches DBH shall be replaced at a :1 ratio. Replacement trees shall be limited to appropriate native tree species as a pproved by the city arborist. All trees to be removed or retained shall be marked with differentiating colored ribbon or paint. Nol Construction activities shall be restricted Include in During city of Arroyo city of Arroyo (MM .1) to the hours of :OOA 1 to 9:00 PM specification. construction Grande — Pv Grande — Monday through Friday, and :OOAM to CDD 5 :001 3 M on Saturday and Sunday. There shall be no construction activities on Sundays. Equipment maintenance and servicing shall be confined to the same hours. NOI All construction equipment utilizing Include on grading During Verify completion city of Arroyo City of Arroyo (MM . internal combustion engines shall be and construction construction of task prior to Grande — P V Grande — required to h ave mufflers that are in good plans. Assign construction. CDD condition. Stationary noise sources shall person to monitor be located at least 300 feet from occup com dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. Nol Equipment mobilization areas, water Include on grading D u ri ng V eri fy completion city of Arroyo city of Arro ( MM 8-3) tanks, and equipment storage areas shall and construction construction of task prior to Grande — PIN Grande — be placed in a central location as far from plans. Assign construction. CDD existing residences as feasible. person to monitor corn fiance. 'I AN construction equipment shall not be left, Prior to site city of Arroyo City of Arroyo (MM 12.1) stored or parked on the side of disturbance/co Grande — PW Grande — Stagecoach Road unless a traffic nstruction CDD management plan has been prepared, utilizing cones, construction signs and other similar tools, to improve safety conditions for local vehicle and pedestrian traffic. D t� CL 0) �.l.i V , W JAM� STAGECOACH ROAD r SAL DESONM BY: DRAM BY ChE KW E1'. SCALE �� XL-'uLRAA R" [ - GRAPi•1C SCALE /f 0 5 i0 26 7INa10FF w. UEmE a PREMED UNDER THE GWECTM CIF. LHDEq L .r mw wifr4* MWwZL tM, Assmmr C" OW INM CA E PE 52514 I]LP. 11 -40 c'+4 4v� am eeoaa W. IIl W12 FMHI�HFD 6RAC]E r D=MG GRADE (D ACCESS ROAD CROSS SECTION R<# wry FOR REDucED PLAM6 4 1 2 ORPOI aAL SCALE IS #N MCMES - ] REFERENCE r.M9: 141 �TIQCRIARLMECFEWCETOltEMRM lox Doft =CW§XtT11rE4 CAM P OWMAMOFoo'NM 71! 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ON FEET} F" FwwL topiN 4P4m • %kd inl hr.` m rrb. TIN =14fT &N. , DA" 4'i nlKp�flM oP i1[tigltM4 OE'JiON FiRIA� D B4'. OR�4Vw# BY.CYEI:D B"F' SIGALE' AA:CEP7ED BY * 0 F ►s �'o L.IC" 1 �4 ; EAS BEK C OF ARROYO G RAND. PWW� �� , �; ' "� FA PR6F E LINDERTrEox�cTIONOF' 1 " =10 �� DEPARTMENT OF PUBLIC WORK , - I�$ 1 AL519TMITCmEI+G1N�4 aA E RE ER GIR 6 AND GRG BOOSTER STATION 1912 CLAMM OXMT ° Mme, °, m w""�'"�" ' a� �r&x 0&3C612 1ERT. PLANTING PLAN STAGECOACH ROAD AND ORO DRIVE z THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.d. Page 62 � > 10 A . INCORPORATEO t jKk JULY 10. 1 C WN MEMORANDUM T: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF THIRD EXTENSION F AGREEMENT FOR CONTRACTOR STREET SERVICES WITH SP MAINTENANCE SERVICES, INC. DATE: OCTOBER 1 , 201 RECOMMENDATION: It is recommended the City Council approve a Third Extension of the Agreement with SP Maintenance Services for street sweeping services. FINANCIAL IMPACT: Currently, $85,000 is budgeted for this service, which will be sufficient to maintain the costs of the agreement. B ACKGROUND : O n April 2, 2006, the Council approved a tiro -year agreement for street sweeping services with SP Maintenance Services, Inc. with a provision for three one - year extensions. The agreement was converted to a month to month basis on May 1, 2008 in order to prepare an analysis on providing in -house street sweeping services. O n September 9 , 2008, the City Council approved reviving the agreement and extending it for a year. The second extension was approved last year. ANALYSIS O ISSUES: The services provided by SP Maintenance Services, Inc. under this agreement have been satisfactory. They have agreed to e the agreement under the serve terms, conditions and costs. Therefore, the proposed extension would be effective through September 8, 2011. Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION OF THIRD EXTENSION OF AGREEMENT FOR CONTRACTOR STREET SERVICES WITH SP MAINTENANCE SERVICES, INC. OCTOBER 12, 2010 PAGE 2 ALTERNATIVES: ES: The following alternatives are provided for the Board's consideration: - Approve the extension; - Direct staff to solicit new bids; - Direct staff to reassess in -house street sweeping services; - Provide other direction to staff. ADVANTAGES: TAGES: Extension of the agreement will enable the continuation of street sweeping services that meet the needs of the community, requiring minimal staff time, and at no increase in cost to the City. DISADVANTAGES: Precluding a bid process eliminates the ability to identify if potential cost savings exit. However, soliciting bids could result in a cost increase and decrease in quality of service. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 7, 2010 and on the City's website on Friday, October 8, 2010. No comments were received. Attachment(s): 1. Contractor Services Agreement Agenda Item 8.e. Page 2 THIRD EXTENSION of AGREEMENT FOR CONTRACTOR STREET SWEEPING SERVICES BETWEEN THE CITY of ARROYO GRANDE AND SP MAINTENANCE SERVICES, INC. THIS THIRD EXTENSION AG EEME NT "Extension Agreement") for Contractor Street Sweeping Services is made and effective as of September 9, 2010, by and between SP MAINTENANCE SERVICES, INC., a California Corporation "contractor'), and the CITY OF ARROYO GRANDE, a California Municipal Corporation ( "City"). Contractor and City are collectively referred to herein as the "Parties ". WHEREAS,the Parties entered into an Agreement for contractor services ("Contractor Services Agreement" ) for street sweeping with in the city of Arroyo Grande dated May 1, Zoo; and WHET E S, the Contractor Services Agreement expired on Apri13 0 Zoo ; and WHEREAS, EAS, the Parties entered in a [Month to Month Agreement for Street Sweeping Services effective May 1, 2008 and on the same terms and conditions contained in the Contractor Services Agreement; and WHEREAS, the Contractor Services Agreement contains a provision for three 3 one year extensions, if mutually agreed by the Panties; and WHEREAS, E S, the contractor Services Agreement was revived and a First Extension of Agreement for Contractor Services was approved by the City Council on September 9, Zoo; and WHEREAS, the Second Extension of Agreement for Contractor Services was approved by the City Council effective on September 9, 2009 and expired on Septernber 8, 2010; and WHEREAS, the Parties desire to revive and further extend the Contractor Street Sweeping Services Agreement for one year. NOW, 1f THEREFORE, in consideration of the mutual covenants contained herein, and for other g od and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Contractor Services Agreement, and each and every term and condition therein, shall be revived and extended for one year, commencing on September 9 2010 and expiring at midnight on September 8, 2011. 2. The above recitals are true and correct and are incorporated herein. Agenda Item 8.e. Page 3 IN WITNESS WHEREOF, the panties have executed this Extension Agreement on the day and year first set forth above. SP MAINTENANCE SERVICES, INC.: CITY OF ARROYO GRANDE: SEAN D. ST. DENIS, PRESIDENT TONY FERRAIA, MAYOR ATTEST: KELLY WETMORE, CITY CLERIC APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARII EL, CITY ATTORNEY Agenda Item 8.e. Page 4 ATTACHMENT 1 AGREEMENT FOR CONTRACTOR SERVICES THIS AGREEMENT, is made and effective as of May 1, 200 6, between SP Maintenance Services, Inc. ("Contractor"), and the CITY of ARROYO GRANDE, a Municipal Corporation "City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 . TER This Agreement shall commence on May 1, 2008 and shall remain and continue In effect until May 1, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the tasks described and c reply with all terms and provisions set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. contractor shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of contractor hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION city(s Public Works Director shall represent city in all matters pertaining to the administration of this Agreement. Sean St. Denis shall represent Contractor in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Contractor in accordance with the payment rates and terms set forth in the portion of Exhibit "E" labeled "Arroyo Grande & Grover Beach Joint Street Sweeping ", attached hereto and incorporated herein by this reference. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE ( a) The city may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by searing upon the Contractor at least ten 10 days prior written notice. Upon receipt of said notice, the contractor shall immediately cease all work under this Agreement unless the notice provides otherwise. Page 1 Agenda Item 8.e. Page 5 If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the city. Upon termination of the Agreement pursuant to this section, the contractor will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE CE of STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: (a) Bankruptcy or insolvency of any party; (b) Sale of contractor's business; or (c) Assignment of this Agreement by Contractor without the consent of City. (d) End of the Agreement terra specified in Section 1. 8. DEFAULT of CONTRACTOR (a) The contractor's failure to comply with the provisions of.this Agreement shall constitute a default. In the event that contractor is in default for cause under the terms of this Agreement, Cry shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. (b) if the city Manager or his /her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten 10 days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at laver in equity or under this Agreement. g. LAYS To BE OBSERVED. Contractor shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by contractor under this Agreement; Page 2 Agenda Item 8.e. Page 6 (b) beep itself fully informed of all existing and proposed federal, state and local lavers, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in contractor's performance under this Agreement, or the conduct of the services under this Agreement; ( c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the city's contract Manager in writing any discrepancy or inconsistency it discovers in said lavers, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications,, or provisions of this Agreement. ( e ) The City,, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply w ith this Section. 10. OWNERSHIP of DOCUMENTS ( a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. contractor shall provide free access to the representatives of City or its designees at reasonable times to such boobs and records; shall give City the right to examine and audit said books and records; shall permit city to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents shall be maintained for a period of three 3 years after receipt of final payment. ( b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings,, craps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the city, at the contractoes office and upon reasonable written request by the City,, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Page 3 Agenda Item 8.e. Page 7 1'1. INDEMNIFICATION ( a) Indemnification for Profs l Li bili . When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents "Indemnified Parties" from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. (b Indemnification for other Than Professional Liab other than in the performance of professional services and to the full extent permitted by laver, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or casts of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs,, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in Thole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. This indemnification provision shall specifically extend the liability for claims, suits and actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 CERCLA . (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no gray act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. 12. INSURANC Contractor shall maintain prior to the be of and for the duration of this Agreement Insurance coverage as specified in Exhibit "C"' attached hereto and incorporated herein as though set forth in full. Page Agenda Item 8.e. Page 8 1 . INDEPENDENT CONTRACTOR ( a) contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any f ' its officers, employees,, or agents shall have control over the conduct o Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the p ower to incur any debt, obligation, or li ability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to contractor in connection. with performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. UNDUE INF LUENC E Contractor declares and w that no undue influence or pressure was or i used against or in concert with any officer or employee of the city of Arroyo Grande in connection with the award, terms. or implementation of this Agreement, Including any method of coercion, confidential financial arrangement, or financial inducement. No offi cer or emp loyee Cit of Arroyo Grande will receive compensation, directly or p y ee of the �y indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award # of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement i entitling the city to any and all remedies at law or n equity. 1 5. NO BENEFIT To ARISE To LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no p ublic official who exercises authority over or responsibilities with respect to the project d uring his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE of I FORMATIONICONFLICTS of INTEREST ( a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, Its officers, employees, agents, or subcontractors, shall not without written authorization from the City M or unless requested by the Page b Agenda Item 8.e. Page 9 pity Attorney, voluntarily provide declarations, letters Of support, testimon depositions., response to interrogatories, or other information conceming the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court Order shall not be considered "volunta provided Contractor gives City notice of such court Order or subpoena. (b) Contractor shall promptly notify City should contractor, Its officers, employees, agents, or suNbContractcrs be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceed Contractor agrees to cooperate fully wfth city and to provide the opportunity to revie w any response to discovery requests provided by contractor. However, City "s right to review any such response does not imply or mean the right by City to control, direct, or re write said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by i personal service, ii delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, Or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any Other address as that party may later designate by notice: To City: City of Arroyo Grande Don Spagnolo 214 E. Branch Street Arroyo Grande, CA 93420 To Contractor: BP Maintenance Services, Inc. 734 l alcoa Wa Arroyo Grande, CA 93420 1 B. ASSIGNMENT The Contractor shall not assign the performance of this-Agreement, nor any part thereof, without the prior written consent of the City. 9. GOVERNING LAND The City and Contractor understand and ag that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Page Agenda Item 8.e. Page 10 Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the city of Arroyo Grande. 20. ENTIRE G EEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written,, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. TIME City and Contractor agree that time is of the essence in this Agreement. 22. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rude of construction to the effect that. ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 23. AMENDMENTS Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. 24. AUTHORITY To EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the contractor and has the authority to bind Contractor to the performance of its obligations hereunder. Page Agenda Item 8.e. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this s greemn to be e the day and year first above written. CITY OF ARROYO GRANDE By: Tony ra, Mayor 0 -. Attest: Kelly We o City Clerk A p p roared As To Fora coTRAc B ,. Sean D. S . Denis Its: President (Title) � Coro r )XNk., /. Q \ $ +cfo�' T othy J. t!r i r ,City mey Page Agenda Item 8.e. Page 12 Exhibit "N' S P SEQTION I ,Pu nose of the StEget S it a in Cont (act To provide street sweeping services to the City of Arroyo Grande on a regularly scheduled basis, by removing litter, leaves, dirt, and debris from streets, alleys, and parking lots. This program shall leave the streets with a presentable appearance and free from dust created by traffic. It shall be the contractors responsibility to furnish at his own expense all tools, equipment, labor, material, and services necessary for the satisfactory performance of the work set forth in these specifications. SECTION !I Standards of Service: A. The contractor agrees to comply with. all applicable provisions of federal, state and local later governing the duties and obligation of businesses and employers. B. The standards of performance which the Contractor is obligated to perform hereunder are standards considered by the City to be good street sweeping practices. Reference Street - Cleaning Practice, Third Edition, by American Public Works Association. C. Street sweepers will operate at suggested manufacturers sweeping speeds -in accordance with local conditions and desired results. At no time may the Contractors street sweeper speed exceed 6 miles per hour. D. The Contractor shall conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. E. Sweeping will be done during daylight hours in all residential areas. Downtown and other commercial areas will be swept in rnoming hours. F. The intersections (cross gutter area) along all scheduled streets are to be swept. All debris (including debris following inclement weather) along regularly scheduled routes, no matter ghat quantity, is to be removed. Page Agenda Item 8.e. Page 13 SECTIO N Ili Work Performance: A. The City of Arroyo Grande will monitor the work performance of the Contractor by randomly choosing ten (1 0) streets of a regular scheduled route to spot check upon completion of that route. It is understood that if three 3 of the streets do not meet acceptable city standards, the Contractor vVrill be required to sweep the - entire route again within 48 hours at no cost to the city. B. If a spot check determines a single street has not met the standards, the Contractor shall resweep within 24 hours at no cost to the City. C. All potable water used for dust control vll be provided, a t no cost to the Contractor, through fire hydrants. The City will provide a Fire hydrant eater Meter that is to be used every time the street sweeping vehicle fills up. D. The contractor shall provide to the City, immediately following award contract, the manufacturers gallons per minute (GPM) rating for dust control, on each street sweeping unit. The Contractor shall record the daily quantity of water used by any or all street sweeping equipment used to clean the regularly scheduled route. The daily totals will then be compared against the monthly metered potable water total to assist in verifying dust control compliance. If the daily recorded water usage does not meet or exceed the monthly metered potable grater total, the City considers this a loss of value and reserves the right in its sole discretion to reduce the curb mile rate b 0% for that month. E. City staff, which observes the sweeping of regularly scheduled routes without the use of mater for dust control, shall result in a 0% reduction of the curb mile rate for that day. F. Regularly scheduled routes that .are not completely swept on the assigned day for any reason except for provisions in section V11, will require notification of City residents. The Contractor will immediately place and pay for a 'Notice of Street Sweeping rescheduling" in the Times Press l e nd r. A 1/16" size advertisement stating the reason for rescheduling and the contractors nine and phone number shall be included in the notification. The City reserves the right to add or modify the content of the "Notice of Street Sweeping Rescheduling". A final draft of the notification must be approved by the Public Works Director or his designee prior to placement. G. Failure to sweep one or more streets, on a regularly scheduled route may result in the City contracting for the clean up of these streets. All contract and Page 10 Agenda Item 8.e. Page 14 administrative costs incurred as a result of this failure to perfbrm will b deducted from the regular monthly street sweeping invoice. H. The determination of acceptable City standards will be made by the Public Works Director and/or his Designee in his sole and absolute discretion. E-q uiiDment , A. Contractor shall use, at a minimum, the following equipment: Item Modell/Cap@ci Year M anggctu red 1 Mobile M9 1990 2. Tymco 435 2001 3. Tymco 600 2000 B. All equipment used for the perforTnance of this contract shall be standard heavy -duty mechanical broom sweeping or air /vacuum equipment necessary to properly clean streets and alleys of litter, dirt, rocks, leaves and other debris. Equipment shall be properly maintained both as to c nditi n and appearance so as to ensure a high level of street sweeping services. G. Seeping equipment as well as disposal trucks shall he equipped with adequate warning devices and lights for safe operation and shall meet all vehicle operation requirements of the State of California Department of Motor Vehicles and the California Highway Patrol. D. Machines must be maintained both mechanically and visually throughout the terra of this agreement with capability to ensure scheduled routine maintenance and proper adjustment for sweepers. E. Machines must be equipped with an adequate water spray system for dust control. F. All units shall be clearly and prominently marked with the Contractor's name and unit number. G. Contractor must keep a sufficient suppler of spare brooms and pans to ensure continuous operation. Wom brushes and brooms shall be replaced and adjusted to ensure maximum efficiency. H. All equipment must be properly registered and insured in accordance with state and local laws. Contractor must show proof of ownership r a signed lease for sufficient machinery to adequately perform services as specified in this agreement and the provisions of Section XI. Page 11 Agenda Item 8.e. Page 15 I. All units shall have the capability of being contacted by their main office with radio or paging equipment. J. Contractor shall have the ability to provide two 2 weepers to the City of Arroyo Grande within four hours notice. K. Contractor shall have the ability to provide a mechanical broom type sweeper and an air /vacuum type sweeper within four hours notice. SECTION Work to be Performed: During the term of this agreement, contractor shall sweep all designated public streets and curbs and gutters, alleys, street medians, parking lots, center lanes and intersections within the incorporated City limits of Arroyo Grande with the assigned frequency as listed below. The Contractor will adhere to the Primary and secondary "Street Sweeping Schedule" provided to him by the City of Arroyo Grande. The City reserves the right to modify the " Street Sweeping Schedule" from time to time during the period of the contract. Additions or deletions to this schedule shall be made in accordance with unit prices as specified herein, or at the City's sole discretion, as otherwise mutually agreed upon by the Contractor and the City. SECTION V11 Prima and Seconds Street Sweeping Schedule: The Primary and Secondary Street Sweeping Schedules shall be as outlined on Exhibit "". SECTION Hill Inclement Weather In the event that a scheduled sweeping shift is not possible due to weather conditions, equipment failure, or other unforeseen occurrences, contractor shall notify the City of Arroyo Grande at the earliest possible time and arrange for sweeping on another day within a five working day period. It is understood that the Contractor will make up the missed sweeping shift on the flat available day within the five working day limitation, or forfeit any and all compensation for that particular shift. Page 12 Agenda Item 8.e. Page 16 SECTION Vill Additional Work: A. In the event the City of Arroyo Grande desires to extend the street sweeping program to include newly constructed streets or alleys,, or streets or alleys procured through annexations, or existing streets not listed or referenced in Section V "Work to be Performed" after the effective date of this Agreement, the Contractor will be notified by fax and/or US mail with a form "Addition to Street sweeping schedule ". This fora will identify streets and give curb mile length to be added to "Primary street Sweeping Schedule"' and Contractor shall be paid for additional streets at the applicable price per curb mile as specified herein. B The Contractor shall provide additional miscellaneous street sweeping services or "Special Sweeps" for work not otherwise specified in these Special Provisions, at the current hourly rate as specified herein when requested to do so by the City of Arroyo Grande. Contractor from time to time may be requested to provide special Sweeps immediately following parades, community celebrations, and other activities involving City streets, alleys or parking lots, compensation for this work will be paid at the hourly rate as specified herein. C. The contractor may be requested to provide "Seasonal Sweeps" during certain times of the year along curbs and at intersections to address seasonal changes including removal of dirt and debris resulting from adjacent farming activities. D. All sweeping as identified in this section, paragraphs B and G, shall be performed as not to interfere with the proper completion of the regular street sweeping schedule. SECTION IBC is sal of Sweer)ing Debris: The Contractor shall dispose of all refuse and debris collected by his sweeping operation by hauling to a duly licensed, fuller permitted landfill authorized to receive street sweeping debris which may include Petro - chemicals and other potentially hazardous waste. Page 13 Agenda Item 8.e. Page 17 SECTION X Compensation The following payment schedule will be used for services provided by the contractor: 1. Primary and Secondary Street Sweeping Section I $20.00 per curb mile 2. Special Sweeps (Section hill) $85 per hour 1 hr ruin) 3. Parking Lot Sweeps (Section ill) $800.00 per month Failure to sweep shall be deducted from payment, unless made up as stipulated in Section 1111. SECTON SCI Insurance Feguirements The contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder, by the contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be paid for by the contractor. A. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Form Number GL -0002 Ed. 1173). covering comprehensive general liability and insurance services; office foam number GL-0404, covering broad form comprehensive general liability, or; Insurance Services Office Commercial General Liability coverage ( "Occurrence", Form CG-0001). 2. insurance Services Office Form Number CA-0001 Ed. 1178), covering automobile liability, code 1, "Any Auto", and endorsement CA -002. 3. Workers" ers" Compensation Insurance, as required by the labor Code of the Mate of California, and Employer's Liability Insurance. B. Minimum Limits of Insurance: The contractor shall maintain limits no lees than s. Page 1 Agenda Item 8.e. Page 18 1. Comprehensive general liability: One million dollars $1, o - 9 000.00 combined single-limit per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: One million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability:, Workers" Compensation limits as required by the Labor Code of the State of California,, and Employers' Liability Limits of one million dollars ( $1,000,000.00) per accident. C. Deductibles and Self - insured Receptions: Any deductibles of self - insured receptions must be declared to and be approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured receptions as affects the City, Its officials, agents and employees,, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. other Insurance Provisions: The policies are to contain the following 0 ■ provisions: 1, General Liability and Automobile Liability Coverages: a. The City, its officials, agents, employees and volunteers are to be covered as primary insured as respects liability arising out of activities performed by or on behalf of the Contractor,, or products and completed operations of the Contractor, or premises owned, leased or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City,, its officials, agents, employees or volunteers. . The contractor's insurance coverage shall be primary insurance as respects the City, its officials, agents, employees and volunteers. Any insurance or self - insurance maintained by the city, its officials, agents, employees or volunteers shall be in excess of the Contractor's insurance, and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the city, Its officials, agents, employees or volunteers. Page 1 Agenda Item 8.e. Page 19 d. Coverage shall state that the Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. 3. Workers' Compensation and Employers' liability Coverage: a. The insurer shall agree to waive against the City, its officials, volunteers for losses arising from Contractor for the City. All Coverages: all rights of subrogation agents employees and work performed by the a. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after thirty 30 days prior to written notice by certified mail, return receipt requested, has been given to the city. E. Acceptability of Insurers: Insurance is to be placed with insurers with a best rating of no less than A: I I i . F. Verification of coverage: Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause (actual policy). The certificates and endorsements for each insurance policy are to b e signed by a person authorized by that insurer to bird coverage on its behalf. The certificates and endorsements are-to be received and approved by the City before work commences. If so required by the City, the Contractor shall furnish to the City a duplicate original policy. G. Subcontractors: The Contractor shall include all subcontractors as insurers under his policies, or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTIO III Ides onsibil' for Damage: The City of Arroyo Grande and all of their em ployees and agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; for any injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever during the progress of work. Page 1 Agenda Item 8.e. Page 20 SECTION All C mglai t : All complaints shall first be directed to the Public Works Director or his Designee, then to the Contractor. A "Street Sweeping Complairif form will be faced to the Contractor indicating the location and nurture of each complaint. The Contractor shall fax back his response to the City indicating compliance to the complaint. It shall be the contractors obligation to resolve all complaints within 24 hours of receiving a fax copy of the complaint. Page 1 Agenda Item 8.e. Page 21 Exhibit "B" SP �JAINTKNANCE SERVICES, INC. 734 Raleoa Way ArrW Grande. CA 93420 Prone (805) 343 -9999 Fax (805) 343.9999 February 7, 2006 Director of Public Works City of Arroyo Grand I.O. Bo Arroyo Grade, CA 9342 AT'N: Don Spagno o S Maintenance Services, Inc. proposes to furnish all necessary equipment, toms . an' labor for the street sweepmng in accordance with the provisions outlined in the existing agreement and at the sa frequency as follows ARC 0 GRANDE STREET SWEEPING Primary Street Sweeping: $23.00 Per curb ale. • Secondary Stet Sweeping: $23.00 per curb mile. Parkdng Lot Sweeping: $800.00 per month, ARROYO & VER BEACH JOB' ' SWEEPING P rimary Street Sweeping: 520.00 per curb mile. Secondary $treet Sweep' $20.00 per curb rile. Parking Lot Sweeping: $800.00 per month. Thank you for the opportunity to submit this proposal; I hope to hear from you soon. ;e an p Z DenAis muted, D. St. President S P Maintenance Services, Inc. Page 1 Agenda Item 8.e. Page 22 E XHIBIT c INSURANCE REQUIREMENTS IF Erb Er TS Prior to the beginning of and throughout the duration of the l rl ,, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Excess or Umbrella Liability Insurance (over Primary ) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 elf- insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a 'pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined} not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. coverage shall be applicable to city for injury to employees of Contractor, subcontractors or ethers involved in the Work. The scope of coverage provided is subject to approval of city following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Insurance procured pursuant to these requirements shaff be written by insurer that are admitted carvers in the state Callfbmia and with an . M. Bests rating of A- or better and a minimum financial size ill. General conditions pertaining to provision of insurance coverage by contractor. Contractor and city agree to the following wifb respect to insurance provided b Contractors. 1. contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, Its officials employees and agents using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. Page 19 Agenda Item 8.e. Page 23 2. No liability insurance coverage provided to .comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a less. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and subContractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any ether agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate o -call d "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor. 6. Ail coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City "s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be changed to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor'* s opposed to being required) to comply with the requirements of the certificate. g. It is acknowledged by the parties of this agreement that all insurance coverage rewired to be provided by Contractor or any subContractor, is intended to apply first and on a primary, noncontributing basis In relation to any other insurance or self insurance available to City. Page 20 Agenda Item 8.e. Page 24 1 . Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subContrac ors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self - insure or to use any self - insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allover any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated b this agreement to self-insure its obligations to City. If contractors existing coverage includes a deductible or self - insured retention, the deductible or self - insured retention must be declared to the city. At the time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self{- insured retention, substitution of other coverage, or other solutions. 12. The city reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this ► greement will be deemed to have been executed immediately upon any party hereto taping any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non - compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents fare an exposure from operations of any type pursuant to this agreement. This obligation applies- whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the terra of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to Page 21 Agenda Item 8.e. Page 25 the renewing or new coverage must be provided to City within fire days of the expiration of the coverages. 17. The provisions of any workers" compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as suer. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any panty involved in any way with the project reserves the right to charge city or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of city to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to provide immediate notice to city of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such nofice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 22 Agenda Item 8.e. Page 26 EXHIBIT `13 STREET SWEEPING Street sweeping is one of the essential services provided by the City. It benefits the community by picking up leaves debris, and storm drain pollutants. However, , it is very difficult to provide good street sir eeping service when there are items such as part ed cars, basketball hoops, and trash containers along the curb. Sweeping around these item requires more time, can be a dangerous maneuver, and forces the sweeper to go around these obstacles leaving some areas along the curb unswept. Moving these items off the street will allow the sweeper to do a better job for you and your neighbors. The street sweeper comes through the residential neighborhoods on Tuesday's as shogun on the table below bet ween the hours of :00 am and :oo pm. To minimize the impact of parked cars, please move parked cars off the street on the morning or the night before weeping occurs. Please call the Public Works Corporation bard at (805) 473 -5460 for more information on your street sweeping day. Thank you for your cooperation in keeping Arroyo Grande clean. PRIMARY STREET SWEEPING SCHE LE STREETS DAY Downtown Village Monday & Friday Barnett Street Bridge Street Halcyon Road East Brand Street East Grand Avenue Traffic Way Every Monday West Branch Street El Camino Real Valley Road (West of Regional South Elm Street Center) Fair Oaks Avenue Alder Street huasna Road oak Park Boulevard Ash Street James War Tally Igo Road Every Wednesday risco Road Le Point Street (East of The Pike Farroll Avenue Mason Street) Arroyo Avenue Golden hest Place Rice court Bad ernan Lane Hampton Place Rogers court Barnbi Court Lancaster Drive Russ Court Beech Street La Vista Court Sandalwood Avenue California Street Leanna Drive South Via Avante carmella Drive Magnolia Drive South Ilia Belmonte Carol Place Mesa Drive South Via Firenze Third Tuesday Carrington Place Morning Rise Lane Starlight Lane of the month Castillo Del Mar Mulberry Lane Sycamore Court West cherry Avenue Noe! Street Sycamore Drive reel side Drive North Via Bel onte Tierra Street Del Sol Street North Ilia Firenze Tiger Tail Drive Diamond Circle S. oak Park Boulevard Todd Larne Diana Place olive Street Turquoise Drive Dixson Street opal Circle Verde Place Farroll Road east of orchard Avenue Ilia Berro Halcyon Road) Pacific Pointe Way Victorian Court Fore Glen Drive Palm Court Victoria 11ar Page 28 Agenda Item 8.e. Page 27 PRIMARY STREET SWEEPING SCHEDULE STREETS DAY Garfield Place Pearl Drive Virginia Drive ay fair Terrace Pecan Street Willow Lane Third Tuesday Pilgrim Way Wilson Court of the month Woodland Court Woodland Drive Acorn Drive Hidden Oak Road Rancho Parkway Andre Drive Hodges Road l efugio Place Arabian Circle James Way Robin Circle Asilo Jenny Place Rodeo Drive Avenida De Diamante La Canada Rosemary emar Court Calle Carman Los Ciervos Rosemary Lane Calla Cuervo Matthew Way Salida Del Sol Camino Mercado Meadowlark Drive Scenic Circle Second Tuesday Cardinal Court Mercedes Lane Sombrillo of the month Castillo Court Mesquite Lane Spanish Moss Lame Chaparral Lane Mustang Circle Stevenson Drive Clinton Court Oak Leaf Circle Via Ban olero Cllado Corte Old Ranch Road Ilia Las Aguilas Cuerda Corte Palos Segos Via Pca Deer Trail Circle Paralso Court Ilia Vaquero Dos Cerros Puesta Del Sol Village Glen Drier Emerald Bay Drive Quail Court Vista Cirde Equestrian Way Quail Ridge Court Vista Drive Grace Lane Alpine Street Dodson Way Oak Street Aspen Street Forth Elm Street Perk Way Bell Street Eman Court Pecan Place Bennett Street East Grand Avenue Pine Street Beta Court Islands Poplar S treet laterry Avenue Faeh Avenue Priscilla Lane Blueberry Avenue Fairview Drive Raspberry Avenue First Tuesday Boysenberry Street Hillcre t Drive Pena Street of the month Brighton Avenue Huckleberry Avenue Robles Road Cedar Street Juniper Street Ruth Ann Way Cerro Vista Circle Ledo Place Sage Street Cerro Vista. Lane Linda Drive Sierra Drive Chelsea Court Loganberry Avenue Spruce Street Chilton Street Maple Street Strawberry Avenue Cornwall Avenue Montego Street Taylor Plane Corona Del Terra Newman Dave Walnut Street Courtland Street Newport Avenue Wood Place Cranberry Street Lower Newport Avenue Page 2 Agenda Item 8.e. Page 28 PRIMARY STREET SWEEPING SC DUL STREETS DAY Allen Street Ide Street Pearwood Avenue Branch Mill Road Ikeda Way Plata Road allie Court James Way (south of Platino Lane arr�pana Place olina Street) Plomo Court Canyon Way La Cresta rive Poole Street C larence Avenue La Paz Circle Pradera� Court Coach Board Ladera Place rosewood Lane Co re Place Larchmont Drive So. Traffic Way Colina Street Launa Lane Short Street Corral Place Le Point Street Stagecoach load Cross Street Le Point Terrace Station Way Fourth Tuesday Crown Hill Los Olivos Lane Tanner Larne of the month Crown Terrace Mariposa Circle Toyon Court esta Place Mason Street Trinity'Avenue East Cherry Avenue May Street Vard Loomis Court Farmhouse Place McKinley Street VArd Loomis Lam Fieldview Plane Miller Circle V emon Street Fl Road Miller W V La Barrarnca Fortuna C Myrtle Street VNIa a Court G ar d en Street Nelson Street l est Branch Street Greenwood Drive Nevada Street W Street Grove Court Noguera Pl Whiteley Street ularte Rand O Drive Zogata W H arrison Street Ou Court Hawkins Court Pacific Coast Railway H91slde Court Paseo Str Ash Street Bathrooms Elm Street Recreation ation Soto Sp orts Complex I Tw a Month: Car Corra Parking Lot 01ohan Alley Strother Park Second & Fourth City Hall Parking Lots Wornan *s Club Thursdays Page 2 Agenda Item 8.e. Page 29 The streets listed below will be swept two weeks following their primary sweeping. SECONDARY STREET SWEEPING SCHEDULE STREETS DAY Aspen street Maple Street Taylor Place Bennett Avenue Palm Court Walnut Street (from Third Tuesday Brighton Avenue Pine Street Maple street to and of of the month Cerro Vista Circle Priscilla Lane street) Courtland Street Ruth Aran Way (from Dodson Wary (from S. Brighton to bottom of Halcyon to S. Alpine) street) Arroyo Avenue Opal Circle Turquoise Drier Bambi Court Orchard Avenue Ilia Berros First Tuesday Carme #la Drive Pearl Drive let Cherry Avenue of the month Diamond Circle Pilgrim Way Woodland Drive Leanna Drive Todd Lane Avenida De Diamente Old Ranch Road (250 Rodeo Drive (250 feet Hodges Road (from feet from W. Branch on each side of Fourth Tuesday Stevenson Drive to end street) Rodeo Drive & of the month of street) Robin Circle Mercedes Lane intersection) Allen Street Ciro Drive (from Rosewood Lane Coach Road Huasna load to Platino Stagecoach Road (500 Second Tuesday Corral Place . Lane) feet from Platino, of the month East Cherry Avenue Pacific Coast Railway south) Flora Road from Allen street to E. station Way Garden Street Cherry Avenue Tanner Lane Greenwood Drive Pearwood Avenue Traffic Way Exit Launa Lame Platino Larne (from Vie La Barrance LLo livo Lane Los Stagecoach to La Myrtle Street Crests Drive Place Page 2 Agenda Item 8.e. Page 30 RO INCORPORAT O ` ""Y 10 ` ' o" MEMORANDUM -1 41F To: CITY COUNCIL IF FROM STE1 EN ADAMS, CITY MANAGER SUBJECT, CONSIDERATION of LEASE WITH RE/MAX DEL ORO FOR THE EXISTING CITY HALL BUILDING AT 214 EAST BRANCH STREET DATE: OCTOBER 12, 201 RECOMMENDATION: It is recommended the City Council approve a lease with Fie /Marc Del Oro for the existing City Hall building at 214 East Branch Street. FINANCIAL IMPACT: The proposed lease will be $3,210 per month gross for the main floor of the building, which is 3 square feet. Total annual revenue from the lease will be $38,520. An initial broker fee payment of $5,655 will be required. BACKGROUND: : At the February 23, 2010 meeting, the City Council approved a Purchase and Sale and Improvement Agreement with NKT Commercial for acquisition of propel at Soo East Branch Street (former Farm Credit building) and sale and development of City property at Zoo and 208 East Branch Street and the adjacent parking let. At a Special City Council Meeting on March 29, 2010 it was decided by the City Council that all City Hall com staff will be relocated to the former Farm credit building and the City would solicit proposals to lease the existing City Hall building. A Request for Proposal was distributed and no responses were received by the deadline. A proposal to lease the building "lease" was lamer received from Fie /Max Del Oro and the City's counteroffer has been accepted with minor modifications. ANALYSIS of ISSUES: The lease rate of $1.03 per square foot is within the range of a market analysis prepared by a leasing agent ($1.00to $1.10). Other key terms include the following: The tenant will be provided half of the basement at no additional cost and the City has reserved the right to continue to use the other half for storage. Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION OF LEASE WITH REIMAX DEL OR4 FOR THE EXISTING CITY HALL BUILDING AT 214 EAST BRANCH STREET OCTOBER 72, 2070 PAGE 2 0 The two months will be at no charge. 0 Rent will escalate by 2% annually after the third year. The initial terra will be three 3 years with one 1 two 2 year option and three ( 3 ) five y ear options. The City will have the right to reoccupy some or all of the building during any of the three 3 five year option periods. The tenant will pay possessory interest takes. Staff believes the proposed use will be a good fit for the building and Fie /Max Del Oro appears to be a business that would be cooperative and flexible in working with the City, given the unusual transitional circumstances. Re /Max Del Oro intends to sublease a portion of the building, likely for another office use, but no subtenant has been identified at this time. While Fie /Marc Del Oro intends to rake some initial improvements to the building, they do not propose any significant modifications. Any changes would require review by the Historical Resources committee as the building has a local historical designation. Since the property is currently zoned Public Facility, staff recommends a Development Code Amendment be processed by the City to allow flexibility in leasing City facilities for private office, limited retail, and other uses in the Public Facility zone. ALTERNATIVES: Alternatives available for City Council consideration include the following: 0 Approve the proposed lease; 0 Direct staff to renegotiate the terms; 0 Reject the lease and pursue another tenant; and 0 Reject the lease and direct staff to maintain operations in the city Hall building. ADVANTAGES: The lease will enable all City Hall complex staff to relocate to the former Farm credit building, which will maximize efficiency of operations. The lease revenue will enable the City to fund all improvements necessary to allow full occupancy of the former Farm credit building. Mean while, the terms of the lease will provide flexibility for the City to reoccupy the City Hall building in the future, if necessary due to any increase in office space needs, should public service levels increase. Approval of the lease at this time would be very helpful to the relocation of the Community Development Department staff, files, and records by resolving future relocation plans. Lastly, the Agenda Item 8.f. Page 2 CITY COUNCIL CONSIDERATION ATION of LEASE WITH RE/MAX DEL ORO FOR THE EXISTING CITY HALL BUILDING AT 214 EAST BRANCH STFE ET OCTOBER 12, 2010 PAGE 3 lease involves a use and tenant that is generally compatible with the historic site and building. DISADVANTAGES: No disadvantages of the proposed lease have been identified. ENVIRONMENTAL TAL F E IEW: No environmental revie w is necessary for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 7, 2010 and on the City's website on Friday, October 8, 2010. No comments were received. Attachments: 1. Proposed Lease (will be distributed separately) Agenda Item 8.f. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.f. Page 4 A. INCORPORATEO AKX JMY 10, 19111 Z �g �°' MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: SUPPLEMENTAL INFORMATION -- AGENDA ITEM 8F DATE: OCTOBER 11 1 2010 Attached is the proposed lease with Re/Max Re/Ma Del Ciro for the ex isting City Hall building. The initial term is for fire years, which is a change from the description In the staff report. Please let me know if you have any questions. Thank you. attachment 4 CAL I F r N I A LEASE AGREEMENT 4 SS IATI ON IRR F A LT ' T ( CAR . Farm CL, Revised 1 fo'1 Date Far ref only: October S Soto The # of rr Grande {"Landlord an c r _ _ _ __ Tenant!) agree as follows: - -- f. PROPERTY: Landlord rests to Tenant and Tenant rents from L the real property and Imp rovements described a : 214 uranc - a ( "p romises"), c comp a approximately 100, 000 6 of the total square footage of rentable space in the enfiro property. S ee exhibit A for a further description of the Premises. 2 . TERM: The term begins on (date) ("Commencement Date ), (Check A or 8): A. Lease: and shall terminate on (date) December 31, IQ at [3 AM W PM. An holding over after the term of this agreement expires, with Lan or s consent sh create a Won -month ten -n th at either party may terminate as specified In paragraph 28. Rent shall be at a rate equal to tine rent for the Immediately preceding month, payable In advance. All other terms and conditions of this agreement shall remain in full force and effect. [3 B. Month-to-month: and continues as a month -to - month tenancy. Either party may te rminate the tenancy by givi written notice to the other at least 30 days prior to the Intended term i na tion date, subject to any a pplicable laws. Such notice may be given on any date. ] C. RENEWAL OR EXTENSION TERMS: See attached addendum 3 . BASE RENT: A. Tenant agrees to pa Base R ent at the rate of (CHECK ONE ONLY: ( ) $ per month, for the term of the agreement. [] O per month, for the first 112 months of the agrearnen1. Commendng with the I 3th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers C" CPI ") for b+rZ A (the city nearest the location of the P remises ), based on the following ormu a � B ase en a mu p e mo currer� preceding the first calendar month during which the adjustment Is to take effect, and divided by the most recent CPI preceding the Commencement Date, In no event shall any adjusted Bess Rent be less than the Base Rent for the month Immediately preceding the adjustment. If the CP1 Is no longer published. then the a djustment to Base Rent shalt be used on an alt ernate Index that most closely reflects the CPI. J) (3) # 210.00 per month for Ilse period commencing January 1" 2031 and ending �D oember 31 1 end _ per month for the period a nrnenoing air xa�x r n 3 1 -- C d er�dl cemb w .31, an 3 339. 6 8 per month for the period commenc January 1, 2015 , and ending --- - Do oember 31, 2015 E] (4) in accordance with th e attached rent whedule. [3 O Other. B. Base Rent Is payable in advance on the 1 is (or 0 day of each calendar month, and Is delinquent on the next day. C. If the C ommencement Cate falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 3 0-day pePW. if Tenant has paid one full month's Base Rent In advance of Corn m encernent Date, Base Real for the second calendar month shall be prorated based on a 30•day period. . RENT: A . Definition: t" Rent shall mean all monetary oblig of Tenant to Landlord under the te rms of this agreement, except securlty deposit. B. Payment: Rent shall be paid to (Dianne) The C1 ty o f A rroyQ Grand* at (address) or at any other baton Wcffi b y n n Wrkiing to Tenant. C. Tinning: Base Rent shall be paid as specified In paragraph 3. All other Rent sh a ll be pall within 30 Mays after Ten ant 1 billed by Landlord. . EARLY POSSESSION: Tenant is en titled to possession of the Premises on If Tenant Is i possession C or to the Commencement Date, during this t e (l} Tenant Is not ,obligated to p Sass Rent, and (1I) Tenant ff is [] I not obligated to Fay other than Base Dent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant Is obligated to comply wHh all other terms of this agreement. SECURITY D EPOSIT: A. Tenant agrees to pay Landlord , 210. 00 as a security deposit. Tenant agrees not to Fold Broker responsible for its return. IF CHECKED :) CI If Base Rent increases during the term of this agreement, Tenant agrees to Increase security deposit by the same proportion as the increase In Base Rent. S. A] I or any portion of the secuc deposit may be used, as reasonably necessary, to: (1) cure Tenant's default In payment of Rent, late ch erg es, non- sufficient funds C'NSF" fees, or other sums due; (Ii) repoir damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (111) broom clean the Premisee, if necessary, upon termination of tenancy* and (1rr) cower any other un fulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT T Cp LAST MONTH'S RENT. If all or an y portion of the security deposit Is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (1) furnish Tenant an itemized statement Irrdleating the amount of any securRy deposit received and the basis for its dispositlon, and (11) return any remaining portion of security deposit to Tenant. However, if the Landlord's on claim upon the security deposit Is for unpaid Rent, then th remaining portion of the security deposit, a fter deduction of unpaid Rent, shall be retum d within 14 days after the la ndlord receives possesslon. C. No Interest will be paid on security depoWL unless required by local ordinance. The copyright laws of the United States (Title 17 U.S. Code) fo rbid the unauthorized reproduction of this form, or any portion thereof, by photocopy rmachlne or any other means, Including facsimile or computerized formats. Landlord's Initials Copyright 0 1096.2009, CALIFORNIA ASSOCIATION OF REALTORS O, INC. Tenant's Initials ALL RIGHTS RESERVED. �rw�rr evia by Date CL REVISED 10101 (PAGE I of ) COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF ) Agent: Marls Burnes CCIM ALC Phone: (806) 561B.0900 Fax: (845) 65119901 Prepared using zilpFOMOD software Broker. Burnes Commercial Group P.C. BOAC 3195 Pismo BeaGh, CA 93448 Premises: 214 Branch t: - a, 12o rtion o r y Grand tf a�.Ie - - Date o ob r 1 T. PAYMENTS: PAYMEN TOTAL 4E EIVE MLANCE QU DUE DUE A. Rent: From 0 1101L2011 T 02128120 3,,2 00 $ $ We Date B . Security Deposit ............ . ... . . 210. $ $Z2 10,00 C. Other: ataxy D. Othe � a E. Total ■ . .. . . . . .. . . . . ■ . . . . . .. . . . . . . . . . . . . 6 4420-0 0 4 20, Q ID 8 . PARKING: Tenant Is entitled to Wgiml to ,,... ' unreserved and N rafsenved vehi parking spaces. The right to parWng 0 is [3 Is not Included in the Bass lent cha pursuant t parag 3. If not included I th Base Rent, the parking ren tal fee shall be are additional per ,month. Parking spat are to be used for parking operable motor vehicles, except for trailers, boats, campers, bases or trucks (other then pick -up trucks). Tenant shall park In assigned spa only. Parking speces) are to be kept clear~. Vehicles leaking oil, gas or other motor v ehlcJe fluids shall not be parked In parking spaces or on the Premises. Mechanical work or storage of Inoperable vehicles is not allowed In parking space(s) or else There on the Premises. No overnight parking Is permitted. g. ADDITIONAL STORAGE: Storage is permitted as (olioWS : Basement: - the ocean ye t �n a�p�c axsaoe The right to additional storage spate M Is C3 is not included In the Base Rent charged pursuant to paragraph 3. If not Included In Base Rent, storage space shall be are additloina p er month. Tenant shall store on ly personal property that T enant owns, and shad not store properly that is claimed by another', or In which another has any right, title, or interest. "Tenant stall not store any Improperly packaged food or perishable goods, flammable materials, explosive s, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the clear, -up of any Conte mination caused by Tenant`s use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Pleat or is uarroe of a NSF check may cause Landlord to Incur costs and expenses, the exact amount of which are extremely difficult and Impractical to determine. These casts may include, but are not limited to, processing, enforcement and ecoountlng expenses, and late charges Imposed on Lan dlord. If an I nstallment of Bent due f rom Tenant is not received by Landlord w+thin 5 calendar days after data due, or if a check Is returned NSF, Tenant shall pay to Landlord, respectively, as late charge, plus 10% Interest per annwn on they delinquent amount and $26.00 as a NSF fee, any of which shall be deemed additional Rent. landlord and Tenant agree that these charges represent a fair and reasonable estimate of the oasts Lan dlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current Installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not cons titute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extensions of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law,. i l CONDITION OF PREMISES: Tenant has examined the premises and acknowledges that Premise is clean and I n operative condition, with the following exceptions: Fo Addendum One items listed as exceptions shall be Teak with In the following manner: 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances C'Laws"). landlord makes no representation or warranty that Premises are now or in the future wit be suitable for Tenant's use. Tenant has made its own Investigation regar all applicable Lawn 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant Moo trio as cable telephone,, w er sever a nd arba 1 4. PROPERTY OPERATING EXPENSES: A . T enant agrees to pay Its proportionate share of Landlord's estirnated monthly prope operating expenses,. Including but not K iced to common area maintenance, consolidated utility and service hills, insurance, and real estate takes, based on the ratio of the square footage of the Premises to the total square footage of the rentable space In the entire property. OR B. 0 fit c ho c ke d) Paragraph 14 does not apply. 16. USE: The Promisee are for the axle use as Per rtem 39. A ddf lona2 use per Addench m One No other use is permitted Without Landlord's prior written consent. if any use by Tenant causes an Increase In the premium on Landlord's existing property Insurance, Tennant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 16. RULESIRE ULATIONS: 'Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, O wnees Asso! of n) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant ado not, disturb, annoy, endanger, or Interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, Including, but not limited to, using, manufacturing, selling, sto ring, or tr ansporting Illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: is�o A . Tenant OR 13 (if chocked, landlord) shall professionally maintain the Premises including ems; it --send � electrical, plumbing and water systems, If arr , and Creep glass, windows and doors In operable and safe condition. Unless Landlord is chocked, if Tenant falls to maintain the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost S. L andlord OR[3 (if c hocked, Tenant) shag ma intain the roof, foundation, exterior walls, common areas and LandsaVe, HVA (heating and !� eeeeee�u.iee�•.i�e L Initials f F Tenant's Initi � pyrlght 'l X58- 0( S, CALIFORNIA 1l ASSOCIATION r l= B LTDI , INC. Reviewed by Date I i14 CL ED 101 ( PAGE f o�xu nrrr MME IAL LEASE AGREEMENT L PAGE 2 OF a 214 Branch Premises. 234 Branch St — a portion of ArrOVO Gr and e Cltv Mall Date October 5, 201 1 S. ALTERATIONS: Tenant shall not make any alterartIon 9 In or about the Prem Ises, Incl installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably withh A a lterations to the Promises shall be dons socording to Law and with required perms. Tenant shall give Landlord advance notice of the commencement date of any pl anned altera tion, so th Landlord, at its opti may post a Notice of Non -ResponsiblIty to prevent potern tlail liens against L Interest In the Prom ises. La may also rewire Tennant to provide Landlord with Ben releases from any contractor performing work on the Promises. g. GOVERNMENT IMPOSED ALTERATIONS: A alterations required by Law as a result o f Tenant's use shat be T enant's re p nsibliit . Landl shall be responsible for any other elterations required by Law. o. ENTRY: Tenant shall make Premises avalloble to Landlord or Landlord's ag for the purpos of entering to ma ke I nspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to snow Promises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, of contractors. Landlord and Tenant agree that 24 hours notice {oral o d1ten ) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may eater Premises at any time without prior notice. 1. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FAR LEASE sign on the Premises within the 90 or day period preceding the termination of the agreement I ) . SUBLETTING AS I �NMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest In it, without the prior written consent o f Landlord, which shall not be unreasonably vvllhheld. Unless such o nsent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or o themAse, shall be null and void, and, at the option of Landlord, terrnlnate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, If approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or tf nsfer, and does not release Tenant of To nant's obligation under this agreement. 3, POSSESSION: If Landlo is unable to deliver possession of P remises on Commencement Date such slate shall be extended to the date on which possession Ls made available to Tenant. However, they expiration date shall remoln the same as specked in paragra 2 . If L andlord Is unable to deliver possession within 8Q (orb ) ca lendar days after the agreed C ommencement ent Date, Tenant ma y terminate thi agreement by giving written notice to Landlord, and shell! be refunded all Rent and security deposit paid. 24 TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, T ennant shall; i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (li) vacate Premises and sur€enxder It to Landlord empty of al persons and personal property; (lrl ) vacate all parking and storage spaces* ft deliver Premises to Landlord I the same condition as referenced In paragraph 11; (v) clean Premises, (vI) g ive written notice to Landlord of t'enant's forwarding address; and (vll) Ali improvements installed by Tenant, with or without Landlord's consent, become the proparty of Landlord upon termination. Landlord may nevertheless require Tennant to remove a such Improvement that did not exist at the tkne possession was made ava ilable to Tenant. 6. BREACH OF CONTRA TIEARLY TERMINATION; In event Tenant prior to expiration of this agreement, breaches any ob9gation In this agreement, abandons the promises, or gives notice of tenants intent to terminate this tenancy prior to its expiration, I addftlon to an o bligations established by paragraph 24, Tenant shall also be responsiWe for lost vent, rental commissions, advertising expenses, and painting casts necessary to ready Promises for re- rents,. Landlord may also recover from Tenant: (l) the worth, at the time of award, of the unpaid Dent that h been earned at the time of termination; (Ii) the worth, at the t1ma of award, of the amount by which the unpaid Ream that would have been earned after e p #ion un til the tlrrre of award exceeds the amount of such rental loss the Tenant proves could have been r asorrably avoided; and ii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance or the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonaNy avoided. L andl o rd may e to conti the tenancy In effect for so long as L an dl ord d oes not terminate Tenant's right to possession, by either written notice of terminet +on of possession or by reten ng the Premises to another who takes possession, an d landlord ma enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due. 8. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or padialy damaged or destroyed by fire earthquake, accident or other casualty,, Landlord shall have the rigid to restore the Premises by repair or rebuilding. If Landlord erects to repair or rebuild, and Is able to oornplete such restoration w ithin 90 d from the date of damage, su bject to the terms of this paragraph, this agreement shall remain In full force and effect. It Landlord Is unable to restore the Premises within this time, or If landlord elects not to restore, then el thar Landlord or Tenant may terminate this agreement by ginning the other written notice. Rent shall be abated a of the date of damage. The abated amount sha be the current nwrtlhly Base Rent prorated on a 30—day basis. If this agreement Is not terminated, and the darnage is not repaired, them Rent shag be reduced based on the extent to which the damage Interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Ten rut's guests, on ly Landlord shall have the right of termination, and no reduction I Rent shall be made. y. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous matedal on the Premises or the property of whit the Premises are part. However, T enant is parrnilted to make use of such matedais that are required to be used In the normal coarse of Tenent'a business provided that Tenant complies Wth all applicable Laws related to the hazardous materials. Tenant Is responsible for the cost of removal and rem illation, or any clean-up of any contamination caused by Tenant. 8. CONDEMNATION: if all or part of the Premises Is condemned For public use, either party may terminate this agreement as of the date possession Is given to the condemner, All condemnation proceeds, exclusive of those allocated by the oondernrner to Ternarnre relocation Masts and trade factures, belong to Landlord. 8. INSURANCE: Tenant's personal property, fixtures, enulpment, Inventory and vehicles are not Insured by Landlord against loss or damage due to fire, theft, vandaksm, rain, water, criminal or negligent acts of others, or any other cause. Tenant is to carry Tenaaft awn prope Insurance to protect Tenant from any such loss. In addition, Tennant shaK carry liability Insurance in an amount of not lose than 1, , 000 . 0 0 . Tenant's fiabfi ty Insurance shall name Landlord and Landlord'a agent as additional Insured. Tenant, upon Landlord's request, shall provide Landlord vylth a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance Insuring Landlord, but not Tenant, In an amount of at least , plus property insurance In an amount sufficient to cover the replacement cost of the property. T enant Is advised to carry business Interruption Insurance In an sm*unt at least sufficient to cover Tenant's complete rental obligations to L andlord. Landlord is advised to obtain policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by Insurance. Landlord's lnitial Tenant's Initials ••• Copyright 0 1 99&2009, CALIFORNIA ASSOCIATION F REAL.T € S , INC. Reviewed by Date cau��c L REVISED 10101 (PAGE of 6) "POUR" " C OMMERCIAL L EASE AGREEMENT DL PAGE 3 OF 214 Brand Pfamises: 214 Bryan Sty -- a p ortion o f AEEgyo Grande i Hall Date October 5 2010 30, TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or LarWIord's agent, within 3 days after Its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and In full force or In fall force as modified, and state the modifications. Fallure to comply with this requirement: (i) shall be deemed Tenant's ackno%viedgment that the tenancy statement is true and correct, and may be relied upon by a prospectWe tender or purchaser; and (11) may be treated by landlord as a material bread of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be hold In confidence) reasonably requested by prospective lender or buyer. 31. LANDL WS TRANSFERd Tenant agrees that the transferee of Landlord's Interest shall be substituted as Landlord under this agreement. landlord w411 be released of any further obligation to Tenant regarding the secutity deposit, only if the security deposit Is returned to Tenant upon such transfer, or If the secu dly deposit is actually transferred to the transferee. For all other obli alions under this agreement, Landlord Is retensed of any further liability to Tenant, upon Landlord's transfer. 32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option the lien of any fiat deed of trust or first mortgage subsequently plate upon the real property of which the Premises are a part, and to any advances made on the security of the premises, and to all rene ais, modifications, consolidations, replarceawnts, and extensions. However, as to the Hen of any deed of trust or mortgage entered Into after omcu llon of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant Is not In default and so long as Tenant Rays the Rent and observes and performs all of the provisions of this agreement, unIass this agreemen[ Is other ise terminated pursuant to its terms. If any mortgagee, trustes, or ground lessor elects to have ft agreement placed In a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording. 33. TENANT REPR SENTATI NS& CREDIT. Tenant warrants that all statements In Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and pedodlcaV during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (1 ) before occupancy begins, upon disapproval of the credit report(s); or (11) at any time, upon di oovering than Information In Tenant's application is false. A negative credit report reflecting on Tenant's record may be subrnitl d to a credit reporting agency, if Tenant falls to pay Rant or comply with any other obligation under th Is agreement. 34. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them oust f thi ag a nt r any resuiting transaction, before resorting to arbitration or court ac[lon, subject to paragraph 348(2) below. Paragraphs 348(2) are ly wh3Oer or not the arbitration provision Is InWaled. Nledlation fees, if any, shall be dIvIded equally among the partles Involved. to 0r offllrn to which this paragraph sppli any party cornmences an action without first attempting to resolve the ,natter through i ; or mfus o mediate after a request has been ma en that party shatI not be entitled to recover attorney fees, even If they would a be ava a to that party Inn such action. MEDIA Di PROVISION APPLIES WHETHER R NOT THE AR BIT ATlC PR ! IS INITI D. B. AR 1TRATI N o PUTES: (1 Tenant and Landlord agree than any disport Law equity arising between them out of this agreement or any res g transaction, which is not settled throuo gae n, shall decided by neutral, binding arbitration, Including and subject to ps aphs 3413(2) and (3) below. The arbitra all e e ratir lunge or justice, or an attorney with at least years of real estate trans ctiona experience, unless the parlie ally agree t d#f# rent arbitrator, who shall render an award In accordance with substantive Callforn . In all other respeo ltration I be conducted In accordance with Part ill, Title 9 of the California Code of Civil Procedure. Ju nt upon the award the arbitra (a ) may be antered in any court having jurisdlctlon. The par#les shall have the right to discovery In accor ee with Code of Civil I r edure 128. . (2) EXCLUSIONS FROM MEDIATION AND ARBIT The following tere are excluded from Mediation and Arbitration hereunder: 1 a judicial or non-judkAaf foreclosum or other action or proceedin enforce deed of trust, ,mortgage, or Installment land sale contract as defined In Civil Code §2985; (ii ) an unlawful detainer action; (1I1) the Ming or o ,,rent of a mechanics Ifen; (1v) any matter that Is Within the jurisd ion of probate, small claims, or bankruptcy ooud; and (v) are action for jury or wrongful death, or for latent or patent defects to vyWh Code of Civil Procedure §337.1 or §337.15 applies. The fling of a court ion to and the recording of a notice of pending action, for order of attachment, receivership, Injun tloN or other provisional remedies, shall constilute a viola of the mediation and arbitration provisions. ( BROKERS: Tenant and Landlord agree to mediate d arbitrate disputes or cla nvolving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbit tOn, prior to, or within a reasonable after the dispute or dim Is presented to Brokers. Any election by either or both Brokers to participat n mediation or arbitration shall not result In ers being deemed partles to the agreement. "NOTICE: BY INITIALING IN T SPACE BELOW YOU ARE AGREEING HAVE ANY DISPUTE ARISING OUT OF THE ((HATTERS INCLUn N THE 'ARBITRATION OF DISPUTES' PR VI N DECIDED BY (NEUTRAL ARBITRATION AS PROVID BY CALIFORNIA LAIC AND YOU ARE GIVING UP A RIGHTS YOU (MIGHT POSSESS TO HAVE TH SPUTE LITIGATED IN A COURT OR JURY TRIAL. BY Il ITIA IN THE SPACE BELOW YOU ARE G G UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, ESS THOSE RIGHTS ARE SPE DALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. . IF Y EFUSE TO SUBMIT TO RBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE DER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREE ME TO THIS ARBITRATION PROVISION IS VOLUNTARY." low AVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATIGI." . _ Landlord's initials TenanVa Initials J ' Copyright 0 1998-2009, CALIFORNIA ASSOCIATION OF REALT RS , INC. l eviamd by We CL. REVISED 10/01 (PAGE 4 of 6) reft COMMERCIAL CIAL LEASE AGREEMENT (CL. PACE 4 OF 8) 214 Branch Premises: 214 Branch St — a r ion of Ar royo rwand i Half Cate October � _ 2010 �a veer ew - e��ee�. yer 36. JOINT AND INDIVIDUAL OBLIGATIONS: If there Is more th one Tenant, eac one s h a ll be I and complete responsible for perforrnanoe of all obligations of Tenant under this agreement, jointly %VAh every other Tenant, and Individually, whether or not In possession. N OTI C E: N otIces may be served by mail, facsimlfe, or c urler at the following address or location, or at any other location subsequently des Landlord: Tenant. Notice is deemed effective upon the earliest of the following: (1) personal recelpt by either party or their agent; (11) written ackn ovdadge ment of notice; c (iii) b days after mailing notice to such location by first class mall, postage pre -paid. 37, WAIVER: : The warier of any breach shell net be construed as a continuing waiver of thesame breach or a waN er of any subsequent breach. 38. INDEMNIFICATION Tenant shall Indemnity* defend and gold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees arising out o f Tenant'e u of the Premises. 9. OTHER TERMS AND CONDITIO ISUPPLEMENTS: A) Irduc enta: zanSUord to contr1but - _base rent for the first nn•, see r Sgathe gg the i i teal tem Tan 1I- li r 2 011), Tenant rent de oei o cover anusE r 1, 2011 L% L &Ij ary 28, n ewe w.reeee• I nark r and begin a e agrees! b rant on Mg y 4 , 11 B t o One lira Thr A f lode at same egoalation o p rior v eazis Of 1 0 only lie Lau l ty of ArroX2 Grande) vas back Int a aru - ore aII a by i. Ter�an exercise r and2cx�d resc,tnd n-z of any n j* lad t a hen w e w i . ii ■.e.ue a i.n .a...i eea. on of the F t to=. Fo ,$ # ker) a ggWeAss I t o o f 84 du at a gocu tion and ebe remipina 521 due at Tenaln t aoaaeaa Te ont's Broker shall again. ba due gee o f ne.•ee nnnu er ods tbgrItafter p) Section J 4 • =Itzgtion of D1aj2u&es J& Intentl2cally n t InItIgled and Ig struck f cm JbIs dar eamont The following ATTACHED supplements/exhibits are incorporated In this ag(eement: C3 Option AgM2ment [OAR. Form ) Addendum , Addendum Ty and Exhibit A - - 40 . ATTORNEY FEES: In any action or prooeeding easing out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and cos ts from the non - prevailing Landlord or Tenant, except as provided In paragraph 34A. 41. E NTIRE CONTRACT: Time Is of the essence. All prior a greements between Landlord an d Tenant are I ncorporate d i this agreement, which constitutes the entire contract. It Is Intended as a final expression of the partlee agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties € rher Intend that this agreement constitutes the complete and exclusive statement of Its terms, and that no a tdrisle evidence whatsoever ma y be Introduced In any judiclal or other proceeding, if any, In volVring this agreement. Any pmvision o f this agreement that Is held to be In a d sh not affect the validity or enfo rceability of a other provision I this ag reement. This agreement shall be binding upon, and Inure to the benefit of, the heirs, assignees and successors to the parties. 42 , BROKERAGE: Landlord and Tenant shall each pay to Broker(s) the fee agreed to, If arty, In a separate written agreement. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes co to, a licensed reel estate broker individ or corporate), agent, tinder, or other entity, other than as named In this agreement, In cornneclion with any act relating to the Premises, Including but not limited to, Inquiries, Introductions, consultations, and negotiations leadlng to this agreement. Tenant and Landlord each agree to Indemnify, defend and bold harmless the otter, and the Brokers specified herein, and their agents, from and against any costs, expenses, or Ilablillity for compensation claimed inconsistent with the warranty and representation In this paragraph 42. 43, AGENCY CONFIf MATION: The following a gency relatlonshlps are her confirmed for this transaction: Listing Agent: (Print Firm Marne) Is the agent of (check ore): p the Landlord exclusively; or 13 both the Tenant and Landlord. Belling Agent: The Burnes C om=azcial Oros -__ (Print Firm Name ) (if not same as Listing Agent) I s the agent of (check one): W th T enant exclusively; or 0 th landlord exclusively o [3 both the Tenant and Landlord. Real Estate Brokers are not parties to the agreement between Tenant and Landlord. Landlord's Initials Tenant's Initials Copytight. 0 1998-2009, CALIFORNIA BB i ! iATI OF F EALTOF , INC. eviamd b Dale EX1+�RMM L REVISED 10101 (PAGE of ) 0##OR11miY the COMMERCIAL IAL LEASE AGREEMENT (CL PAGE 6 OF ) 2 14 Branch P remises: 214 13.ranch S - a portion of r Grande Citz , H Date October 2010 Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Promises; ii) cannot verify representations made by others; (ill) will not verify zoning and land use rest ricti on ; ( Iv) cannot provide legal or tax advice will net provide other advice or Information that exceeds the knowledge, education or experience required to o a real estate license. Furthermore, if Brokers are not also acting as Landlord In this agreemen Brokers: i) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other teams of tenancy. Landlord and Tenant agree that they will seek legal, tax, Insurance, and other desired assistance from appropriate pro slonalls. Tenant (Print Name Address - City Tenant Date 411 (Q State I Zip ( Print Name . Address _ Cif Stye Zip Landlord I Date (owner or agent YAM authority to enter into this agreeranent) rho City of Arroyo de Address City State Zip ndiord I Data ( owrwr or agent with authority to enter into this agreement) Address City Ag ency relationshIps are confirmed as above. Rea estate brokers who are not also Landlord In this agreement afe not a p to Me agreement between Lan dlord and Tenant. Real Es tate oic r (Leas Finn) #' a 13n Ms n�er ial Gko o -- - - - - -- - - -.. . DRE Lit! 0 0!361305 13y (Agent} DRF Lit. # 01361305 _.......__ . Date 10105 Ma.rk $1. rna Address P , o . Box 319 _ City "=Q BeAgh I state C P + 9,3 1 nne.nn. Telephone (005) fi56 -0900 Fox f ) 556 --0901 E -mail mb . gg mOMM Q & 2m_ Real Estate Bro ker Listing Flan) y A en Address Telephone Fax D E Lie. # City Dale State Zip DRE Li. Date State Zip E-mail THIS FORM HAS SEEN APPROVED BY THE C ALIFORMA ASSOCIATION OF REALTORS (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR A DEQUACY OF ANY PROVISION IN ANY SPECIFIC TRAN ACTON. A REAL ESTATE BROKER !S THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR T CADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is avalable for use by the entke real esWW 1nduslry. It Is not Intended to IderAity ih e user as a REALTOR , REALTORS Is a re lstered oolle ve men efship mark wh" maybe used only by memko s of the NATIONAL ASSOCIATION OF REALTORSO who subsedbe to b Code of Ethim PubUshed and Disftuted by: REAL ESTATE BUSINESS SERVICES, INC. 1 2 1 a subsIdlefy oftbe C aWomfa AsWalbn of REALTORS . 625 South Vifgl Avenue, Los Angeles, Catiior* O Rawkwied by Date M" C L REVISED 1101 {PAGE 6 OF } C OMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 214 Branch CALIFORNIA 14 ft 4ft ASSOCIA'T'ION OF RBAL'i'ORS ADDENDUM (C.A ■R. Form ADM, Reprised 10101) {. One The followling terms and conditions are hereby Incorporated in and made a part of the: 13 Residential Purchase Agreement, i anufa tared Home Purchase Agreement, E3 B usiness Purchase Agreement, 13 Residential Lease or l loath - "onth Rental Agreement, 13 Vacant Land Purchase Agreement, D Residential Income Pfoperty Purchase Agreement, 13 Commerdal Property Purchase reement [Mother Commercial Lease Agreement (CAR form CZ) _. ■..,, dated Octob 5 2 .� , on property known as 14 East Bran St in why - �r a es, r a — - - -- - - -- - - - is referred to as "BuyerfTenant" and Zh e i tZ of Arroyo &Ande -- is referred to as ("Seller/Landlord"). .a= - -- ------ the ,rest side of the Buildi ar gLn E, Branch l 2t i jLeet. The Tenant.,mav use the existing monument: airrn� e tr�o �ur o f-wean the l g molea _ Ci ty s3 .regulat1oas nr yAde jjo -. t wo az2d aa=ntment: m;Lg= fla to th ag y buildin 1 2) 2jere Is n 2XIvate .12arkii0a.-avdilable, Plvblla 2ar kin g behind the buil K jjj, n ot h,= - on fat rars trlrar_ _ tl�e_'amea Iarrs.t oraurr smeclal eve -i - - - _ ■ i i i s i ■ ■ all gjA&Le 2=fesslonal offl ee and or retail rid or food and keveraae use.. at Zandlorgll „ ■ , : r ot1e Ater er t to 1 c a1 ua s. M11� ogre r _, I e T a e . Amts, , ..... ....... s jCo ditlon of g=wlses at del;Eve&v: Zan Ord shaU deliver the.,ggpAlses 1 21 =gm Ie&n#* w1 - day rlart of - res c liffsion thereof . i or C2 addreas Americans i t Di sa ' U ti ll comol ' ance . Should an oro ver=ent agenav �ra.r±Ijk an tlse lease . lease shall a r t iii ter n e la tel ►* ter inatta t.� _ leaffin . ,.. Id-I 139E A 2 r in.A. Urgen bis 00 -1 Tenant.. to-- _C=14” r�aks i s r:e essar`�r a t l� r m t discrs tior . -__ v i1pi a ten is Mtn t t: Sri t o nrl _. ....r. .._ .r.peu i�r r� t e e as a ro sa er_ eet._ t ha C1 ter a to i—sauxces all d ,_. ■__. =U=t oral o 8ffWt r. - ommittee. - 71 + er ant to Days possesory use tai Up to $2400.00 yeaXs J ivit -h 2* annual ea elation years The foregoing terms and co ions are hereby agreed to, and the Date i BuyerfTenant 4 lei ro Rzb er , Z ile Buyer/Tenant i undersigned acknowledge receipt of a copy of this document. Date tiller L.a ndlerd The City of Arroyo G rande Sellerlt.andlerd The copyr hl laws of the United States (Title 17 U .S. Oolii fbrbld the unaulhoried reproduction of this form. or any po don thereof, by phony machine or any other mews, Including facsknile or ompulWifte ferrets. Copy ht 1986-2001, CALIFORNIA ASSOCIATION OF F EALTORS&, INC. AL RIGHTS RESERVED. ERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTAT IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL. ESTATE BROKER IS 7HE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRA SACTION , IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 7hls form Is available for use by the entire real estate Il lr . It 13 +not intended to k1eintily the user as a REAL:TCF . REALTORS is aw registered collectWa mfterehlp mark which may bo used only by members of the NATIONAL ASSOCIATION OF REALT RS9 who subscribe to Its Code of Ethics: 1 PubWW and Diluted b ,� F 4L ESTATE BUSINi SS SERVICES, INC. F eviewaed b � a at�a of e C as� A da o1�TOM 4 b So M Wp mm, Los Angeles, ldomis W20 � Broker or Designee ?ate WKWIM" ADM -11 R EVISED W01 (PAGE 1 OF 1) ADDENDUM (ADM PACE I O 1 Agents Mark Burnes CCIM ALC Phone: (806) 556.0900 Fax: (805) 556.00 Prepared using AfformS software Broker: Burnes +C rr merolai Group P.O. BOAC 3105 Pismo Beach, CA 93448 Ar� CALIFORNIA - ASSOCIATION OF AEALTOItS ADDENDUM D.A.R. Form ADM, Reprised 1 101 . Two The following terms and oonditions are hereby Incorporated in and made a part of the: 1 Residential Purchase Agreement, 0 Manufactured Homo Purchase Agreement, E3 B Purchase Agreement, ❑ Re sldential Lease or Month-to-Month Rental A mmAnt_ Vacant Land Purchase Agreement. 0 Residentlall Income Pro pe rty Purchase Agreement, 0 C ommercial Property Purchase Agreement, 10 other Conmercial Zease Ag reement; dated octobjL 5, 2010 on property known as 214 Xast Rranch S I i Dal or o n I referred to a rBuyerlrenant" and The C t o Arroyo ra r�cfe I referred to a (" e1[er�i..an IjWenant sh be a at ra Aft • r s e at for �o r i t er e�ren t s eat 2r the s3 _i, _ -- r ■ e t12 4 1 Zgsna���njj ali a Ida of 1:12-a bli��111;11111111=er ta The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date ( Date BuyerlTenent � Seller /Landlord 62 e 8 , ZnC The C ity of Arroyo Grande B yer Tenant Seller/Landlord The copy+r ht laws of the Urdled States (1 1 7 U.S. Cod brbld the unauUwrftd reproduction of this form, o any portion Thereof, by pho mechIne or any other means■ including facsInfde or computerized Iorrmis. Copfthtt 198$ -2001, CALIFORNIA ASSOCIATION OF REAL.TORM WC. ALL RIGHT TO RESERVED. THIS FORM CIA BEEN APPROVED BY THE CALIFORNIA ASS OCIATION OF REALTORS* ( NO REPRESENTAT 18 MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A SAL ESTATE BROKER IS THE PERSON QUALIFIEO TO AWI E ON REAL ESTATE TRANSACTIONS. IF YOU DESI LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSI This form is avoUble for ua by the snore real estate Industry. It is not Intended to Idiert0ty 1hs user as s REAL; R9. REALTORD Is a registered collective membemlip irk which my be used onf by rnermbem of the hIATICNAL ASSOCIATION OF REALTOR SO who subscribe to its Code of Ethka. I Nbfished and DWWW W. Fes. ESTATE WSl ERVICE ,1 0. '� es �A%xwA6 �ofR 4LTORS Re vie ed by , P O 625r911 A au% Lot Angeles, CoVomis 9M B roker or 13e09r a bate MA AOM 1 REVISED 10/01 PAGE: I OF 1 Wral"I r ADDENDUM (ADM -11 PAGE 1 OF 1 Agent: Mark Burnes CCIM ALC phone: (805) 555.0 Fax: ( 805) 555.0 0'1 Prepared using zlfformO so ftware Broker.. Burnes Commercial Group P.O. BOX 3195 Pietro Beach, C 93448 R RPORATED JULY to, 1911 , MEMORANDUM 1F TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION of LETTER To THE BOARD of SUPERVISORS REGARDING ZONE 3 WATER SUPPLY CONTRACT DATE: OCTOBER 1 , 201 RECOMMENDATION: It is recommended the City Council authorize the Mayor to send the proposed letter to the Beard of Supervisors on behalf of the City. FINANCIAL IMPACT: There is no financial impact from this item. BACKGROUND. The County Board of Supervisors serves as the Board of Directors for the Flood Control District, which owns and operates the grater storage and treatment facilities at Lake Lopez. The City receives 67% of its water supply from Lake Lopez and the costs for receiving this water from the District have risen sharply during the last three years. According to the City's grater supply contract with the District, the City's ability to participate in the District's budget making process is limited to the city's representation on the Zone 3 Advisory Committee. Concerns were expressed by the City Council during the last grater rate adjustment regarding the inability to control these costs. ANALYSIS of ISSUES: At a recent meeting of representatives of the municipal water subcontractors, including Pismo Beach, Arroyo Grande and Grover Beach, similar concerns were discussed. it was the consensus of the group that each City send a letter to the Board of Supervisors, outlining concerns with the operations of the water facilities and requesting additional participation and authority in the decision making process. A proposed letter is attached for your review. A similar letter has been approved and transmitted by the City of Grover Beach City Council. Agenda Item 8.g. Page 1 CITY COUNCIL CONSIDERATION OF LETTER TO THE BOARD OF SUPERVISORS REGARDING ZONE 3 WATER SUPPLY CONTRACT OCTOBER 12, 2070 PAGE 2 The letter includes two requests: 1 That the Zone 3 Board be authorized to conduct an audit of the District's expenditures as it relates to the operations of the Lake. This audit will provide detailed information to the Zone 3 Committee members and agencies on the costs incurred on operations of the Lake and a breakdown of overhead costs charged by the County; 2 That a discussion be initiated between the District and the Zone 3 Committee regarding the restructuring of the current relationship between the District and the Zone 3 Committee that would lead to the Committee having a greater role and authority in the decision making process. Since the meeting amongst the jurisdictions, staff has also met with the County Public Works Director and staff that oversee the water treatment plant and facilities. They presented a number of efforts under way to better redu and manage costs, which will be helpful. Therefore, staff believes the City's concerns have been heard and are being responded to. However, the recommendations are still important to help put in place a structure that will better ensure accountability and cost efficiency on an ongoing basis. ALTERNATIVES: 1ES: Alternatives available for City Council consideration include the following: Approve the proposed letter; Modify and approve the letter; Approve the letter, but request staff take additional steps; Reject the letter; or 0 Provide staff with other direction. ADVANTAGES: Working with the City's neighboring agency, the recommendations are intended to gain additional control in the future on the operation and expenditures associated with Lopez Lake water. The overall purpose is to better control future rate increases to the City's water customers. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL OIL MENTAL EVIE : No environmental review is necessary for this item. Agenda Item 8.g. Page 2 CITY COUNCIL CONSIDERATION OF LETTER TO THE BOARD OF SUPERVISORS REGARDING ZONE 3 WATER SUPPLY CONTRACT OCTOBER 12, 2010 PAGE PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 7, 2010 and on the City's website on Friday, October 8, 2010. No comments were received. Attachments: 1. County of San Luis Obispo Flood Control Contract Agenda Item 8.g. Page 3 October 12, 2010 Chairperson 11 echarn and Board Members San Luis Obispo County Board of Supervisors County Government Center 1055 Mon terey st reet Room -430 San Luis Obispo, California 93408 Dear Honorable Chair and Board Members: P.O. Box 550 214 East Branch Street. Arroyo Grande, CA 93421 Phone: (805) 473 -5404 FAX: ( 805) 473 -0 E -Mail: ageity@arroyogrande.or As y ou may know, the City of Arroyo Grande receives % of the City's grater supply from the San Luis Obispo County Flood Cdntrol and Water Conservation District "District ") owned facilities at Lopez Lake. As a grater supply contractor, the City is resp onsible for a majorit of the costs associated with the District operation of the facilities et our ability to control these costs is extremely limited. The issue of raising costs and the City limited ability to participate in budget and operational decisions has become a utter of increasing concern to the City. The City was recently req uired to increase its water rates, which was largely necessary to accommodate a sig nificant rise in costa passed along to the city for operations at the treatment plant. Ultimately, the City is the one held accountable to the rate pay for all costs associated with the delivery of grater. According to the current Water Supply Contract, the City ability to influence cost increases assoc with Lop Lake op erations is limited to our representation as a member of the Advisory Zone 3 d i Committee. Contract language describes the role of the Committee as an a dvice and comment role on matters relating to operations and Lake. While the C it y budgeting for Lope a p p reciates the opportunity to advise and comment on s ig n ificant natters related to the operations of the Lake at the Zone 3 s g forum, �t � . not the same as havi some level of authority that would provide appropriate accountability to the concerns of the rate payers. In recent ye ars, the City has seen costs associated with Lopez Lake water rise from a pproximately $ 2,3 64 ,000 in FY 2007 -08 to approximately $3,140,000 in FY 2010- u l of the C discussions with District staff, we understand that these 1 'l . � a res cyst increases have been associated with the need to add capital improvements, an increase �n the cost of o ' o erations and the costs associated with the preparation of the application i n for the Habitat Conservation Plan HCP . County staff has also briefed Cit staff on recent efforts to increase efficiency, which we appreciate and s upport . Ho wever r , due to the present structure of our relationship, our ability to p articip ate y artici ante full in future decisions regarding these costs is severely limited. Agenda Item 8.g. Page 4 October 12, 2010 Page In order to rectify this issue, we suggest the following: 1 That the Zone 3 Board be authorized to conduct an audit of. the District's expenditures as it relates to the operations of the Laker This audit will provide detailed information to the Zone 3 Committee members and agencies on the costs incurred on operations of the Lake and a breakdown of overhead costs charged by the County; 2 That a discussion be initiated between the District and the Zone 3 Committee reg arding the restru of the current relationship between the District and the Zone 3 Committee that would lead to the Committee having a greater role and authority in the decision making process for Lake operations. Please let me know if y ou have any questions and thank you for your consideration of our concerns. Sincerely, Tony Ferrara Mayor Agenda Item 8.g. Page 5 5 ATTACHMENT 1 c sex rms OBISPO COMM FLOOD c AND WATER CONSERVATION DISTRICT AND THE CITY OF ARROYO GRANDE FOR A WATER SUPPLY Dated as of Augut 1 2000 595300.2 Agenda Item 8.g. -- - -- - Page 6 r TABLE OF CONTENTS Acl l • # i ons .. • * a • * * i 0 • • • t • # • * • • # # • • • • # * • ■ • ■ # • • • • # • # # • # i # # * * ■ • a * a • i • * ■ Ardde of Coact * # i i # i ■ # a • . a a # * * ■ . . • # # ■ * ■ ■ i . # ■ * • * # # * i . i • # # • • • i • • # s # # • 11 A r t i di VididatiOn # # # # • * * m • @ * i • # • # ■ * * # • • * i * ■ ■ i # e -*s ■ i ■ # * i * • • i ■ P * a # i # # • i w i • 12 Aafide 4, Distfibudon a Sak of ■ # # #• #•• # ■i # #• #. (A) L # Wow Relies= • # i # # # * # • * • • i # • * * • ■ • # * ■ * ! * • i • # * # # # # 1 (B) Q1 I a ifl A B surow"a ftm # i • * i # # ■ * • # # i ! i • • • * ■ # i i • # i * ■ ■ ■ ■ * # • # • # • ■ # # i • ■ • ■ ■ i # • ■ * 1 (D) Swp1w Water # a i ■ • # a b • • • i # • a • # • # i # ♦ # i ♦ a a '■ ♦ # ; * a i ♦ i • • t * # i • ■ # # ■ # • * i # 1 Article :5. Waw S •••..i* ii*#.• ii*.** i#. i #6 * * @ * *aaa &..##..#. ■•■.. #. ■# Article 6. Compledon # Reme 0 on 0 a i i . i • # # # * ! . . i * .. i ■ i # • • • 1 Article 7. Ddivery ofWaw ...... T#*** i■ •#•*#■### ## *i# #R#i #t *M■i■#*#!•#* #•.#•* #. is Article &. :M •. * ****## *i i ■#i I Article 9. Tmax for Ddirver of Project Wasw * # • # ! ■ ! . # • • • # ♦ • . i • • i # • • • ! * * ! # # # # # s s i • # 1 Acla 10, Ras onuVty for Delivery and Di t ixiti n of Wad Bqond Defivey is so w2O , Article Ile, Cqxraft Nfaintmumce of Project Wder wi• *••##i.i•. ##.. ■i20 Article 12o WderQualft i as so * * * * s ■ i ■ ■ i # # a • # • • . • a • • # # • • ■ ■ • # # • • i # • * . ■ * : i * .. i **24 Article 13, Curuihnew of Delivery of frojcct Way for M&Wftwm Pwposes ... * . a ■ ■ ■ . # 2 Article 14, Reba andMe6odof ..... #.. #....... #......,.W &Ado * & * son * *e■ * *2 (A) Aflocado o f °t No ect Cow and D ebt ■ # • • # # * * i # i a * . i . i # i . 25 (B) A (C) A Cmdb qg aka ComwaP ( ID ) Q ua"er&Va*MeCha W soo.* 00*000 0 0* 029 (E) Use byMMetof Total Con&acfPqmuws #.. ■ #..... ■..... #. #. # ■ ■ ■. #.# Article 1 • Pa Y ObfiPfiOn of AgwcY * . f ■ . i # ■ . * . * * ■ i i . * . * # # i # * a ■ # s # . a e a a . a * Article 16. Pledge; tab ■ and Collection ofRaNes and # ... i ■ .. ■ . ■ i .... i ■ 9M a . Agenda Item 8. g g -- - Page 7 a � MEN Article 17. 3 1 Article 18. F a il me lz s Set or Coll a M pjfts and M # i * • * i # • a # # i • i i a i • a 33 Article ■ Area Saved by A g enc y # # # a • • • # . # # # # a # . # i # . . # . * . # i . a # * i # a * a i a . # a . * i . i * 3 Article 2 1 , AgenWs Obis SeveW and Not Job lime step provisions as . # # • i # ■ # # a a # i y ► • • * # 9 • i # • # • # # • i i • a i # • # # # a # # ■ * # i * * * # • a # ■ a # 34 Amide 22# * ♦ ■ s * • # • • • * • # • # ■ i a # * # • ■ # • . • ■ # ■ • # a • a Article ..# i...■■##.#..,..■#....# #. #., ■ #... # #. #�... ■... ■•i# #aai Article 2■ i0jplumim ate Grp wftm to Be P rovi d ed �a Arficl 25 Waiver I t I • • a # • • # s • • • ■ a • * • s ■ • # • a • * s i ■ • # • • • • • # ■ * * # • # # # # • # # Arcla Notices • • • # # • • # • • ♦ # • * * # i i # a • # a • i # # # ♦ ! ■ a ♦ • * • ■ ! # # ■ # # # * * # • # # # # ■ s o a a * 3 Article # . a # # # i # • # i . # # a a # . * * • # # * * * . a i # i . * M. # # # • a a # .. # . # . i # * a a # # * # 3 Article 28* sp= n Bw Roo orb . # ■ ■ . . # . * i ■ a i # # # o a a i r * ■ a .. a ■ # a # as a i jkrticl ■ t # • ■ ■ # • • * # • • • * # • • • e ■ • # # # # • # a # # # * a # i a # # * # # # i # * # # # i * # i • # * # # 40 Ardcle 30. Wow w oo * ■a .##* * a # # # # o i . #... # # # .. l A rti c l e 3 1 i Wheeling # a . # # * * sa i l ##. * ■sa ■ ■ aa# *ta ■•• ■a. ■ # s e e ## Artic Executi onin Co unwrpmu ■ • • • * • • i # # i # l a a . a s o * a # a # ■ * . # a g o ■ a # . . ■ * o i a m # l r Article # 1v" • 7 a # # # # # # * * a a # # . # • . a . a # * * # a # • # ■ # i * a # l i # # . a * . l a * . # l # a a 2 EXECUTION a l# . a ... * ■ ■ a # ##. . i #■ .■# *■ a ■ ## #.*.* *a s. i # # . l #li # 3 ■* M _ 3 p S I I I i F `i Agenda Item 8.g. Page 8 k �r CONTRACT BETwEEx sArr Lars oBisro couNrY FLOOD CONTROL AND WATER CpN3ERVAITON D1S7RICT AND CTTY OF ARROYO GRANDE FOR A WATER SUPPLY This Coauzct ( the "Contract'), made this � day ofAugast, 2000, by and between the Say Lms Obispo Cowry Flood Coatml aid Water Conservation District (the "District', e snablished under and pursuant to Chapter 1294 of the 1 945 Stshrtes of the State of California (& "State") �d the City of A�my+� Grande, a public agency or�i�e� � the laws of the SUft ofCdfo* acting p 3 to the laws ofd �e tie" ­&- & - - - ��"�� � tad that certain contact for a water supply by sad between the Disftiat and &e Agency, did March 28, 966, as amended (the for Sly Canft w i* Mfim to t0 following W NESSET : the Duct ba hardore c works ro,' (flw " Projecv L r **i avaffi6 for tv the District; and ! the Mate now re the D to make ar�d 0---mventenu t o the Project for public rmomss, v&ich ( the eat on " mgt be financed with the P O fte ob ` 'os otbe District; Agenda Item 8.g. -- - _ Page 9 0 the and inhabitan within the jurisdiction of the Agency are need of water provi by dw Project for beneficial uses; d the District his provided wata 0 1 the Project to to City of Grover Beach, the City of Pismo Beach, tle City of Arroyo Grande, the Oceano Community SCrvioes ist aid Cody of Luis Obispo Service Area No. 12 ocefivy the Amy and the Other Agajdes, as lba+einafW definmed) since 1966, to several vvacter sW1Y conftacts, including the Prior Supply Comm ( the "Friar Supply C.owactsw). and t6r poroieg naw wish to =end t he for Supply Conewm W" dw basic M-N-JawWre and obli won% WEMREAS, the District desires to wU to p b c water. NOW *man includiny the Agency the Other # m the water Zvi by the Project terms and editions w 1 , as for as with the ul timate ofthe wala, b aid equitable t aU o dw WWiftm of dw D istrict; d the Agcy desim t o comw with the District for a water to b e for the use and befit of the lands aad iahabitaats served by the Ag�o�c�y aad fa whid� the Ageaey win make p ymew to &e District qpw the tC m f� set forft and the District &e Agency wish to pro v` for the of the Sid Mfiouai i' j s j=dn , o *e ftMm 99S3o0.2 2 Agenda Item 8.g. Page 10 maintcnaace of the Project is order to prewAve the water supply provided by the Project to the obudaing the nooessary financing for the Seimi -c RAmediati Impmmm aid Additional Projects as defimed mein) vOR aid the Duct in its comm nitMde its f Mai .. a nco Ong a safe, heahW )1easau ving ea ` and enoouragmg a strong viabia $ NOW, THE1tEFORE, IT IS HEREBY MUT[JALLY AGREED bydwputies hereto, as follors: Artid .. Wben used m" t� CoMact the foffiwdng i s shall have act fob: Addional Proiects mean is capita projects to be by the District in addition to a ��ic c have t ed ofd maintaining ' g the Safe field of the Project a ' p l Additional Project*' ; � . , the WAV of wear provided by the Project a wyM II A&BdotW Pto ec"); or my o&a . i 1�Ject ammed t o by the Agency and ail of the Odw Agencies a wl P M Additional Pwj ct" . mean mom& mod on I, April I July 1 sad October 1 of each year. "Calms. Yeah'' mean, the "cI -mMth pmiod from January 1 of a cal nda�r yew t Da=ber 31 oft the s calendar year, both mal e. s9s3oo.2 3 Agenda Item 8.g. Page 11 cow �� t]e�� t the Project, for pro men- to the Proj or e minent which � i e on the boobs of the District.. "Q W-W " mean dwse reserves a tab a by the District for the Scheduled ofthe Project or for cow OfUpgM& VwjM(1 1" to be imposed by GownmenW Au&a* (w an" to al eme) in ordw Distict to the ftoject for water fly established eitber on a yew400s basis by the District in its ammml ofwch be prodcd to the foIorin adoption, or b on a mifti- bates by the District ro the jewl promur188fion to the of l ft- W i pro pin of the Districts b MMM thaQt 'Type M Additional Pro wb mall be ReamvM that the Di.�ct �l not any pordo of Capital for an U;K1M Requirement until aid unless Rya bawmes a order of such Govemmenal Authority, not erect appeal sball mean those the Agency to the District hereunder, as more pa tic lmly set forth in Article 14 her ■ " mean the Board of Supmvisors of the Comity of Line Obispo, Cdffor Acwunt" � the w o It � � the either with the District or with a Depnitory, as provided in Article 18 hereof. ■ "fm= w- Pam' shah mean 25% o Debt mice, � in cm with Article 14 bereo� for each Fucal Year. 595300.2 4 Agenda Item 8.g. Page 12 n ^ Y J " Debt. kmdW dwn � d (a) � � i W=M(ormandawry Idng find or lease or similaz pay is due) with to all Ta x - Exempt O bligations at the time ouftumding in a111:::VNdMCCwith their terms, provided that ca ital��ed merest funded from the -4t O Tax-]Exmpt Obliptions nced not -be to coss of mg the Tu- Lxempt DbWom inclixting the ami fear of any uusw or PaY�B � �'cfor, and (c) the casts, if ate►, of aoaual credit eMhan�t for the Tax - Exempt &'@'! ; !1:11 1 "L - rnean a finweW institution deA for R N 't .. `on ofthe Covmp Account ofthe ! as ar dd when anointed m' acco with Article IS hereof, ' sa1 mean the ofwvaroorto be distributed to t*e Ae�und�Cr contract and t the 'ea uodier their Water Supply with UUaict, as e tabi6ed In Article (B) hcmf of such other Water Shy "Ei%ai Year'' smell mew du twelvo-month period July 1 of a Ca Yea to June 30 ofthe ' fAming cedar Year, both dam inclusive, mean those certain gaaionbons ofthe Diwict, issued P Las u to adzaticm received from the voters of the Dr�ct at the election i c onducted on Much 7, 2 000, in an aggregate amount of not to ecceed ,�,�, suppart�cd by a levy of ad valorem taxes t' &- the District "GovMrnMM]W mean any Ste, fed eral or local gaveromenul mab ` with a over the District or the Project, or any portion dmwf, an to regula#e or control any aspect of its or their 59s300.z ;I Agenda Item 8.g. - -- - Page 13 *W O pp usage, initially estabUshed under the tags of County Board solution 1. 2W0 , , adopted M Aprfl 4 2000 mean the safe yield Of6e Project, Usbed from to time in accordance the prMns OfArticle 4 baw4 being 9,730 Meet ofwaw as of t date Hof. "fi2hadvW IM I -. n md the maintenance for the Project which are d to ace less ann�, oftbe cost ofwrib is set ad de in amml of the Distda in wtficipa o of s� . � m om dxm dm-rovenmnv� more candn p icularly on Exhibit A Ito, to the 1965 Zone 3 Proje t reqWred by State mand ne m � � the Proje t to to es ofd to the Dist rim e A the der Agencies. Surplus_ NAW shad rn C p V the water avaUab from the Project following distribrtions of water deacn'bod in Article 4, {A}, (8) aad (G') hereof. "Twc-ExcmW QW mom those certainoblipbow ammid, � delivered by or on bebalfftbe District, 9 and evidming ' n I F r F S o otbe treof in cama installm payumb to be rime by e District for tie acquisition of the Pzojet, v&= ar procds e to a used o naoce or reimburse the costs oftbe 0 % 'c Ree�o ee in an p ncip a oat f not to exceed the not amowA, following the appfi cathoma of proceeds of We of the bli tiou ids, ro w to complete the 'c Remediation to State mandate and the District's conmpe UVV. bid process, for suh Im "s3oos $ Agenda Item 8.g. - - - Page 14 W "Q-R= 59= as W the Agency, nxm the sqmew of the P r o jw ed for and providing service directly W. the Agency, whit, as at the date lm= consists of Units) A and B. • " shy Mew the le aid necessarycurrmt .. ��g project„ i cl ding District ' ' Of Tm �Nitable to Prdjea fusion, but a clWi]39 Cgital Rcswm Debt wee au------- M e with � - a��g ' les Wpii a to . AMAS of 6 0yerjam C . "Qd megm spy other wasw-distnNging public he S tft, whioh, baving the legal pw to do s cwcuta a waw My with the District substamfia Wontial t C eve fCW unit . 'onate Shm other for the of WSW, ineludip& as of the date hereof, the COUntY of San Luis CUSPO on behalf of Savice Area No, 12, The qty Of Beach, OCCM C4UMUMity fees District, 'w City of Pimaao - a MUM=- " shall mxsn &e Ag+cwy's aggregate awn'buted shs�e, by v , o fir �i coo Vital ft any gj vw Wata Year for each respective Unit, as WU ared to aU of the for Operadon an►d costs and i pho 1 Rzmwm. ate table to each m3ch Unit levied the and all Other 'es, and as ed for below: Umt A 50* U nit 50.55 unit C 0100 Unit D 0.00 5953 Agenda Item 8.g. Page 15 Uni E 0.00 unit F 0.00 unfit 0 0,00 Unit H 0,00 .it l 0,00 u J 0.00 "hRigd" mean (A) tie 1 965 Zone 3 Pray 4 in Resolution No. 3 77 aid Onbumoe No. 8 13 the August 7, l 965, ofte foil ears i Lopez ` , (u) Lope 't S (iii) A=oyo Grmmde* Conduit S3%=4 i Conduit ( v ) lam {vi) tawnfiW mservoir, ) aU VON= righftwof-vaw, ialiM, valves, aid other �� for any of&eamcgome- and the sne 'o �. "ft929[d9= Sh W Mean the percpt of the total Enfifien3eM availabletD the Agency, co - 8 - d to the of all Entidemcaft given to the Agency as d all Oth Area hwnmder under all Water Supply Contacts in any gig Water Year, as ga Article 4( hoof. • "Rates and mean the ra#ea aid the AgencY for the vlsio of� alw maces by its Water , or., if the in have levied spechd taxes as described in Article 14(' )(b ) below, , such taxes. "RosidieW adlmasW nom tl orded by action of the County Board fim re tnu s 'coal uses of the Pr j=4 band on the s9ssoos 7 Agenda Item 8.g. -- r v -- Page 16 60TOtal CM= Eamcak shall mean all of the paymarts due from the Agency and tic Odker Agencies to Article 14 hereof and the saw Article, of the other Water Suppl h W=Lg W mem for any Simon Wader Year, amount necessary to rovid� for (i a nd Costs, H Debt Savice; aid (fi Resmves, as card by the pct in vdth Article 4 bavof and naked to the Agency and the Other Agencie& shad mean tic ' 'ties which ooll ` up the ma t, delineated as follaws; l Cowda f the .,op Dam and Re" ervoir, includ a+ocew roads, .. and outer an of a Tax Ob fip fiws , A M a B wf 1�C p t to Tai- bligation prior to � of t CO *e 0 WWr Supply Cou fteca, M kgd f aw f ft �=L ( 2) " opt of the tambW reroir a and As b t water pbw md ft Lop= D= -C 41-Aftl S". - M �G ��� **e s e&O tw&&mDd as that porol� of the condt d a RMNIM outlet o to and inchiding a bffizcWon satutm low at tt inwr=dOn of ffie M &way 1 0 1 aoth fvutage road Br Road (3) "LWLC" shall msmist of tit portion of the Arroyo Grandzw S coniw* of the - oondisit afl I the bifi=afi M=Wm wbich is a part ofL nit B to dw I C IS C oftbe l south fi 11 road and i I I Std in Omm City. (4) j&k consist ofdw Anvp Qmwk4keaw Cooduft Con&* " W be &ffiried as tit or on . tto paw oft md all wru= ffic KC& of%eLW=D=nm Con &* Mi ms to a coon to the at tic interswdon of Lmcaftw Svc &wd'in Ano3m Q=& (5) " consist of of the Arroyo GranderM ondidt System d of the piper conduit a an frn the S9S3fl02 9 Agenda Item 8.g. Page 17 wvest end of nit C to the iutersoetion of the Eii t ay 10i south road with Vista del Mar in SheU ( 6) h8 co st of that portion of the Arroyo Grandew conduit System consisft of the �peliue conduit and aU the west ofd ntt to the ofthe Sheep Bewh Roisd with El Portal Drive in Pismo Bewl. (7) JWJT onsist of that portkm of the Arr Avid C ult System of the pip ine 't and au the west of nit F W the ' 'on of Avila load (Sw ObiVo County Road M, 3010 wfth Ontudo Road (San Lois Obispo C0=1Y Road No, 33094). (8) "1bAH" consist of portion. of the Amroyo Grande4vila. C4ndaft S� o of the pipeline commit and all the west d of U nit G to the interse of First Street and Joan Street the co munity of Avila Ekwl . (9) "IUWX shU c onsist of poffim of the AUa SyMm consisft of the •aid all awknu the west of Unit H to the Fort Luis Harbor District Tank site, ( 10) "IlDiLsha consist of that prrtin of the Anoyo Cmn&mAvila S ystCM ConSiSdng of the 6 20 49 and aU the west and of Unit G to a stoWr p take site at an app ' of 260 feet above sea level located at a port 1,300 ha wewftty ofte car line offf4hway 101 and 1 , 500 feet soy of Av Drive (San Luis Obispo Couct Road loo. 13015). "Wc shall mom the war, ad to be UVMMI= b the Agcy for sages of water to the public with its jurisdiction. 44 Y .. = mean the water supply cor�ts respccdag project output, Mntmrm i o by the District and the Otter Agencies. "Water Yeah' shall men the twelvemonth period from April 1 of a Year to Much 31 of the �edidely fallowing ral Year, bath inclusive. "Zgntr mesa the arcs ' * Zone 3 of die District. s95oo2 10 Agenda Item 8.g. T - Page 18 - - -- r 5 "Z 3 &h # SWMmg= ; # # catd �� ttee cornpr�d of r pres�v�es ofthe Distric4tbeAgenqy and each of the Ott M int%d the Distric the Ag=cy and the Odw Agenc tie to time sad at scheduled ' to advise the �� on mattes o the ro,c, this one the Water Suppl Contwm. Ad gfQ==, n& motive %t= the INStrict ---* eecute %ft the AgeDW (b) Water SuVly C % iffi o * tam in the t1cments for at least 4,530 amf et ofva the X- Av j eci4 as set forth in Article B of aid ofsuch of r Water Supply ContraM and the -district shad VA ads the A4=cy in write of the dfe t ve bawt This sal r I MM in e later i t date which (6) fob t of ft dal QWfifi to of Pardcip ion - or 00 the date which is (3 em from the eftbcdve the tin of this Camtrm antomadcally for additional period* of five years fim e hereof, so long as the Agency not, by the which is 190 days poor to tie s cbedded datc hemf &en hoc to the District to tw effect tit jtwisbestot=iwft The Awmq undastands ads that cwh of dw Odw Agenc the li&W its Water Sly Cautroa on sAirn i lar tesm if Other Agency so elect to terndnate its Wow Snpply contract, the Enfitlemint a bps Of OffiffAgency s�I 1 apportion among the aad the Oar , based won a recab la ion of Pmportionatit Share or Percentage Share based, wherc app�opri�a�e, as them scxess to and use of Units, or as otherwise wumimouslY weed by the Agency (unless the Agency shall bave withdrawa� ail 0 Otimm A4encies ft District. M3M.2 11 Agenda Item 8.g. - -- Page 19 The parties hereto unJornand and agree that the Project most be coww=ed in acc ith State d #hat its costs tough a `time bid ess applicable to public w ] s undmtakm by the County and its min im no set for a on or about September 14, 2000 (the `Project Bids"' NoMiftmading the g the A and Other Arm des colledvel , the "Padcl .. � " � �� dkeir awal ofthsir respectwe Water Supply Confta and declare it ca=ked ofab finther force or eftM but only if, following the Countfs op ing of *e Project BidL% the lowest a a e bidder for the .. work on the Project submits a Project Bid which, with thi other Project Costs, would result in a total Project Cost in excess o f $30,000,000 ahirty MMon Donors). The District covenwas aid agrees to provide ao ice, and in any event within 49 how of its on of the w=mg Project Bid, to the Pwfic#wfing 4. 'e Of the thw� esfimabd Project Costs. The Participating sha (20 &ys the date OfZ=4dpt of such notice to their rights ofUmmimedon , ISURI P R erc .se shah be y delivery ofwr not c ofsuch p Ag yWs ekedon t the District atd to other Prti ` . The isict c d agrees got to award c c on the �,� Bids � the fo day peiol bas e*psed- Arfi Validkfiam Either the Duct, the Agcy or any Other Agency wary Me diligently prosecutc to a decree In court ofc ju�i�ction a proceeding in r other pro or a pion for the ju&cial 'on, c ` n Of p foram `on ofthe District for the poi ofth At the Project , or for the vWldafion of &e Iuftll PumhmAgmemmm bichisthebmis for the Tax -E emp Obfigadons, or my of , or the proceodings of the gavem body of the 5953002 12 } Agenda Item 8.g. - -- ... Page 20 _- Agmy leadim fto up to and including #fie rig offs and t validity o the pro vizons tbawf and bc=f, FX, I'M M 19 10 �-i I q t 8; 1 -- 4 (0) 1 1 11. rOV I 7M Z I � i di=lWon of water the Proiect to ft Agcy, to tt Otba Agendes acrd far other �u fin ti set for& below: AVON =_2 4f, PrOiOd meter is sect to cerWn releasee and m inimum - lay which are not by *a Uw= baeof, { la on (B) A , ta GIMMM �xbect the i� the pct �1 made le t tl a Aemy in mater dear to &e =teat U90 u -fit o + � �. Th w, i � to �eme tet�tl of � Md& t Sa& Yi eld the tool of 4,530 acs -feet of Project waw which wiU be dist bused to the the der Ag=cim es a lamed under Article � Hof and of their r� t� ma r sw:111�y Conbmcts 'Flee 's E eme, t 035 Of the am aww&d uo+der all the Wow duly Conftwb inifth � tb� Such co dw A enW s o to Shwe NowUnwnfM the met, the Entitlements available under this C ontract sad under tie Water r S ly C4ntmcts may be re f0owing - notice given to the fpm the D isuict doe to I ) Fun or l ong4um restrictaion imposed upon the District caused b ( in l�-� logic that reduce the Safe Yield ae4nnnO oos forte Project or H -yew coons; r 2 or short -ftm limhadons l&ped Won i ability o to V�= l l r ttMM o distribute water because offine 4 m; H UMUK 1 • ' • or wOW gu wds b�cb reduce the sak output of the Project at the tam. M3002 1 Agenda Item 8.g. _.. ... Page 21 - -� J (C) SHWILtH= Projectwe" after the disMIudon ofProject water as described in parageapbs (A) aad {B1 above s�alI comprise "Surplus Water order. Sunplw Water be sold in accoance with the pavons ofthi (Z) Surplus Wstcr shall first be offered by the District to the Agency and the Other A in ac their pordona a with a pn for such Surplus Water to be bawd on the Operation and MAntenance Cost of the Dis { inured in deiv�ring the S Wow 1A .. - I I tb+e agency or the Otber x A g wc ieL the any Offia Ag # # to , SxuphiLs Way from the District wxkw this it bob ' gaw to pay for Suzpll s Wata whether o DOt n t by the so long as such Surplus "mater was M' fact avaUable for the p i �n ion. Nddw the Agwcy nay my ether Agency shaH n9eU Snrphis Wow at st y tie to third parties, wit��ot the prior consent of all � 59530G2 (2) The nfticc mq offa to wn &hNw my Surplus waw not lea by *e Agency or the Other Agencies her�m�a to arty other pmspectnre J; _1L without right o in a and at prices which will return to the District tine net ■ revema badr W gVent at prices less than those a t which such Swifts Wow is e d to Agency, unlen the Agency is fiMallowed another p�uchase such surplus war at the lower prim and in each cage, a�m�io8 to recapt�e the Cqxmzdon Mainkmance Cosl, the variable cow if any, a Debt hoc attributable to the volume of Surplus Water actmly such #hlr+d pies, a t the 1 9- price the then bear. Agenda Item 8.g. - Page 22 (3) Aff re enues dmived by the District 'o l the sale of Si nus Waa to the Agency, any Other Agency or any turd party h be - flied as a credit to the obl�o ofthe A and the the �� �� ofthe A Other (D J=1US NJ= Beizirming V ftthe 2000 Water Year Surplus Water he the portion of the Safe Yid for rM9 ' water �, o s of said previous Wea Year as &sm*b W below. Surplus w,da be calcWawd for each watev Yew by sWxracf *e safe ��aa ofth Project an amount equal to the � ofth Of 19yater released the immediatel pry Wala Yew, Bch not cweed. 4,200 acre fixt unless legally reqWzed by A xticle 4(A) he= he=4 the of EuddemeM wow delivered to tie Agency aid the Odw A &e l Wadw Year, excluding down3trewn leases and EmMe neW Wives occurred period of time that the District determined tit continuous spivs► now was at lope �. 1w District notify the Agency of the total amount of Surp1m Water avg" for the currcat Wea Year, and once so doclarcd by the District, said amrnmi sball not be chmged by the District Withoutfirst obadning the COMMM o f the Agcy and a U Ckb A 'es. Surplus 'mow pmvhLwd by the A mcy will be &&crcd to A =y in ft mama provided for tie delivery ofits EEfitlemca and to the eft all ofsai water ad by Agency is not so delivered by the end of the Water Year in uft"m them undefivered amount shad revert to Dis ici snd be available t o Agency. wak � r n tune to time the term of s CMUIM M " occur a in of eject war le for &HN=y to tie A by the "oQ 1 Agenda Item 8.g. Page 23 D istrict � under i s Oo tr including, without ' on, for the reasons Articl 4(B). In evert, no Hab accrue the District or any of its officer's, or empl for any Aamame , diro`t . .. from a dortag on account of any rean b the cool of the is L In any W ater Year d r which such � a reduction as d sml d In saki Article 4(B), so the total quantity ofthe EnUman amble for tie lis# c't to d� ute is less t o the total eat 1 1i in Article 4 B , following Mg of ` nom by the 1s ct as iovided in Article 4(B), tie * Oil Shm of&C d each Other Ag=cy its Water Supply CwtFM sbaEl be applied to such reduced amount in I * * ft volume of rojCd WBW to be deliver d t ft Agwcy Odw A g ew i min such Water Year, Fit q • 1��r � t •fie —� ~!fie ,�,11,— .I� • � �� #• fit, �� r, .,r I� a,., �.-iE s L, acknowledges the District * to the Sn1c RempAnd I Qv neat with due t h once; in order the c 4 `on ofthe Scismic R enied*sogm Ian rove a S t Mi ds agrm tit the District wiU have to c tie *� . and delivexy of the Taxmftempt ObHpdons on term conditionshVOMMO to the District, the Age and the OrtherAgues, t be established the of sale ofthe Tax-Exempt Obliptions. Ii Particular, the Agency covenants and ages that: ( A) The District shad contract for tie public was conprisn the seismi Remediation I pro 1. einenbo'n m h tanLt as the District, in its sound my dwm in the best of the District, the Agency and the Odw Agmdm bit only following consideration by dw Zone 3 Advimy Committee of any such contracts in excess of &e min standards f� cow of a similar type then mandated f{or formal approval by dk Cowrty Board (tie 5953 Agenda Item 8.g. - — T - Page 24 "��Y Sftndwds'); no such- consideration shall be required as a p con ition to any such action In to an it ni (B) The D is tr ict may enoop but only ecep in ern in which case no WMF "r F . s� cons deraiIon . be nNuk d as a precon ,ition following by the Zone Advisory Committee of any such in of Coup Stand contractors aid OMSUIOts1v inch, WWMAI m1to WVjrO M - n Hate r (collectively, trift")s a nW be o p t # i #� to L 9aU the Tax • bllptio , on =6 tes co ditto s as the Disuid The Dishid ft Agmy LKNeby C ague 0 su& conuncts all in place as of the effet a Of is COMM shall be noticed to consi icred by the one 3 A.diso�ry and hahm than no such coideration be as n precondition to any u action in respouse to , ( C) 11w District may ma-- a - a and s� at either public or sale, or call b c ecut d and delivered, the TmwE=mpt Obiiga oos at any firm follow the #� aote haw& to provide for the EMB or re�xn to the list ct of the caft of &e Msmic. Raediadon . ents, to establish azesez a food for the Tax. Obligations and to pay the wM of iddivery ther (D) M�e A will exec and p %Mde such ' oer caste aid afire as uw be ne fq egswy in oar for the District to diver the 'Tax�Excmpt ObHgadons, including, withow Et on, information for incus on in the disclose doommW far the Tax bl gation and a continuingdisclosure agree�n tt p nit % with Rule 15c2 Sao. I Agenda Item 8.g. Page 25 -. ... r of * Securities aid x # M r the AgenWs nand condition � • o; (E) Tic copes with the Dist cta d its onsnitmxts In corm =on 4 withtheolmm and constowtion ofth .� dOL and deHv y of &c Tax-oExempt ObfigsficmL '& D istdct co and ads to we its bast t o co las the Seismic Rgnofin by a data no June 3 2002. is AdidL2, Qjfi o a r. Aff water to be to the Agency t thin Can#rad shall be delivered to the Agency at the intersection of the Wghway 101, South Frontap Road and Brco Road in the City of If the Agency desire at any time dum" of W dUnRC I at tic it rives water fim the District Pir e or to install addiional poems of -a d- delivery it may do so if it fumishes all fronds neck to cover any District involved, or if it lunderudws the Construct o h coDdWts and app c s at its. owe a; pmovid d to of *e y 'o it fnst i Pict approval of the plans and specifica4pns for such work. Upcm the receipt of a request for a chime in or addition the place of delivery of water 1P ar�d tl deposit of funds as sat fob in a *e District ba , if it clactod ito perform its own consbuction of conduits d�ligo* procad to the saw. AR water d to is be by the District at cwh port of defivety es tabl4hed to Ardcle 7 hemof wM slatiMetory to the District the . Said cl ' be in�l d, and m Wnftimd by &c DistrieL All detami ons rcldva to the mmudng of ro ec water b o. l Agenda Item 8.g. - ,- Page 26 I � made by the District and, upon request of the Agesuy, the accut�y of snch mean t shall be imaimftd by the District certified to the in writing. Any mw � M the cow RW OR- - - - of * L uves 'gation catifi ation be cam for an adjusbnent by the Dlsti t. The A May any such mmmmng equipment for the pose of .. ffic accuracy themf, a its own a at reasonable tin= upon re s onable notice. 11e District will ; o cm to be iwt;0 4 backfl w 1 devices In connection with such to yweven project waW delivered W the Agaxy OM the Odia Agondes to t1e " s lines. ►10 #! - .�_ �.. 6 O fPfOjCd Water W the Agency during any "mater Year be in accardame with a water & vay scbedW dekonined in the f0 owing mamiw. ( A) On or bef a October l of amender Year, the mibmit. in . d to the District apreU mbalY wow delivery ----M*edtDthC rovina- of Article Article . lndi� the annount Of waW dos ed by the ding � mouth of the sucxxediag three (3) Water Yaws. (B) Upon of a imfirnmary &e District review it and after conmdu with the cations it as are necessary to tit the mounts, times ram of deli to the Agency will be conistent with the available fly of at r the ojec , conAktin the delivery l Other Agemies., On or UCLUIV January 1 of Carr Year, ft District aOd fush to the ter delivery schedule for the nut sumeeding W a r Year, whiff sal show the amounts oft to be delivered to Age y during mouth of WzW Year, ( C) AwaterdeUvery Abe btie District upon the A writes reque t, subject to i *e stanm descn'bed in Article emfand (H) tbepre* SM 00.2 19 4 Agenda Item 8.g. = Page 27 -� . ents ofthe District under the water delivery wed I-pa the Other Agenc for the SMC Period oftilm. tv SUCh Ca be s by tie Agcy within a somble time prior to t the l to �� �v� , and they I b e mbjwt to review nodification by the District in the s ame nomer as &c pcefi water desmibed in q 1 1 ph (B) above. aff (D) In no event the District be ob # to Oct water to the A at a on n n ELOM offlow 31930 cubic fed 10 ibe Agj* RMUM Naw fQL U&M ind DiSMINCHM Rf W= pmed the deilyery points eS- tamisl ed in ac cordmee Frith Article 7 z1borm - the ; nor � o �, a Cr r a to m � be liable for the �L h ind] use, di o� d�ibx o+ in the �r lied to the or for of any � , ` but na lkmhed � �� t guy or death, out ' out ofor connected with the cool, � ' dis#ributio or oo t1 o � said qW Mivay points, aid the AS=y smell defend, ' and bold mew the District its officcrs, agents and emPloyees any damages or claims of damuagc. 7 hereto c � the goal oft a be o M 'rni Of Project water, mAject to Safe Yield cost c 0 , as to Bch the District sh&U be - • �1 - 1I1,# `1 1 s `J11 X11 ( A) District covenants a itwili WPM the Project, a s the � � i ro 1 with ill # hM% y9M,2 20 s Agenda Item 8.g. r - - -� Page 28 -- -� honing, sanitary', pollution, en 6, �o � ��► � w and such roles and '� as r� be binding upon & limi t. The District coverts and that it wM tie Project � &U , conduits, r i Imp— - - of any end in or that sha be plaoed to any buiWing or Ure or made a part of any or C ent now or hereafta a any constiftifing part the Project ire good order and condition, and that It will d= to time'* an+d test all Prot facitie then water supply * to or reoommend Rk a renewals j 11 80032001S Mprove man tham. all and In (B) order to Satisfy itS COVOMtS set for '1 in Article, the Di stfict prior W wader YCUr. the an' OU t of CMDhOl Reser m wevo ry for the Project for the WSW Year, its dmft ami&I budgat by no IaW I to such Capital Resaws provide copics ofCach such to the Zone 3 Advisory Committee the Agcy sn+d the Other Ages for review and c prior to its to wisidemdon by the Board of Sup ofthe COWIYp and mil, V6=ed necessayoradviiable, develop to the Agency the Odier Agencies a multi -yr # plan for the Project, r the w-w-u for ( C) At any t=, or from tine to time, % t M the consent of the or a" � Agency, the sbict al�all be stied to the c 'on r any Additional Project r other ipro is r o the Proet not ' -ang a Type Additional Project, but only if i it determine such Additional Project, ipro or are necessary in order to LeM the Project at the le gels the vv r supply at the rMeuir�ed and the oar vatr Supply • or (H MFW Governmental Authority shall direct such Additional Projects, CM or ; M 21 Agenda Item 8.g. ._... -- - - - - -- . -- Page 29 . -..�,. M �dw that. before an Additional Project other tbsn a Type M Additional Pro, ec , irt�pro exu nt or may be ozdcred pursupt to diwtion Authority, the District, the Agency end the Other Agencies shad be afforded notice tbereof and the to oppose the in�po� n of such requa ism ent. before a court ofcompetent' . won; only ifa j ud4ment is ar M in favor of sum A dditional roject, is p o vemeaft or or if no such opposition M an Additioval Project other a Type M Additional Projwt, imp�ov or repairs be consttvctied or made pursuant to this clauu�oe (a), F�egen�cy repo�irs to the Project m notwftbftmft &e- a". be made by the Dis ct %. &e 6 of n otice and oppart �ty %Ewa" herd= It is the ink e o f the parries Ito that the District s�I, s sari when necessary, be t assign its ri* is to ' 'on to the catiOil ofmw obligations by a GavammcaW Auffiodty ito the A4=cy sm&cw the Offer i A as ft ft ' =y , in of tie stuns oft a and the O +er Agencies third es as party �ciaries hereof =1 -- t - A -1- s in ' No rlgt Of t 0 A r ft O� tons r by law or i n equfty 1 1. 11 the co 'on, mmin ma- aawe option oftbe Project be abrogated by ffie AS=q or such O der Agencies by its or ter eecudon of Contract or the otr Water Supply • (D) For its pert, the Agdtcy covmsnts and agrees: . (1) not to sell, lease or othGrwisc disposa of its Water or 'my pert thereof es to the , 'on tbereofor to eol ec ion oft grass moues ofdw Water F.nt«pci�, nar to ear inw my agc+ec�mcnt or lease which would impair the operation of *e Water" or any part thaeaf aec essary its order to semm adoqusLe t+evenaes far the payment ofa nounts due under is Cxaftwt;Provi&4 h owever, any real orpe � property wMch 1�as becme mfunctiomal or obsolete or wMch is not nead d for the efficcie n of the water 3oa. Agenda Item 8.g. g t Page 30 .._� "OD �torp sC may be sold or d ispowd of if such disposition will not haw the eft of reducing re SAW" othe Water rise below the levels reqWnd mWer this Comm; (2) o and pr+cs�e the Water good r w* aid worming order at a tllS, the same in an effic ient atd ec ono mi cal Mammer pay all and costs of the W t r as they beeme (3) not later the first day of each Fiscal Year, to adopt available to the Disaict a budget approved by its vaning board sattiag forth tie amours bu bed to be paid i trod er this CwMact (4) to comply wrth, keep, observe an cmMts, oMdiEiMs, covmmts and tes r iplled, r+euircd to be by it contained in all COMUBC tS the ua of the Way and all offer oo a� ti g or involving the WaW EnuspiaetD the extent that the is � . (5) not to create or allow any lien on or paymeat fiom the revenues of the Watier R " any past tbereofprior t or sups or to its obligation to pay pa ble u�r this to and 3 such innutwe relatiny to tie WxWlpnt vM it deem advisable or neoessary to its w afford In on in amounts a s such risks as are usually covered in cumuct with si milar water cut Cs in ] Mate of�alifo r vue tbadt the Agency n t be d to pr ur or . y such ' unless such ' is le at reasonable cos4 ��,, y � . be undera self' program 9D Ion g as such selfminsuranm proms is mainuhmd in aomffdawe wfth M SU& MMOUM as are � wally w in t] f �% 5433002 23 Agenda Item 8.g. T - Page 31 ('n to pay � �C all texts, &"essmems and others govarnmrmal chargcs which may hez=fka be lawfully imposed upon the Water Entmpriw or any part thereof when the see e doe; duly owe d eonfor vwlth aU valid 'ons and ofany S uVrAuLlino" rela e t the operat�on ofthe war , *wt am not being co ntested m ' good (s) if all or any material pact of the weber be taken by emirremt k domain ngs-, or ifthe y i �ooe is tin � a �ly loss to Matmial Wit on o t e Wal ff EWvVLvo, the p woeeds thereof be to conswid or i to rcpt for the o0 or oo posts of *c WaW Entermin or t pr�cpay the Agmcy share of Debt Service tder th�s Casa AM QM All water &livered to the Agency un► r this CbMINA MWt all Stft of is Obispo Conaty .. V fog Wider for do use# Ilk- District may ' y disoDnfim or rode the, a i nit of vrater to be W 10 th for # # # � m ��� �e d� or in e� � oft i • purpows f for the fumiAft ofProjet water to the Agey hemmder. Insofar as ft is fbes"ble, the District ill the a notice, of d� of any such ►o or eduion, xce;4 in tbe cm of in v&& cast no a&=ce notice need be given. In the event ofsd& dis o�nnaa a or reducdon, to D istdct wM apply its best CffDft W M . the duration and Lei of ervioe ' 'on snd �, a ny as poss#ble, le to the A Proi e t v a er sBE e�eot W up for any short all in ddiver of waW to the AgencY �g the period of curudImenL s9s3oos Agenda Item 8.g. Page 32 cle J Rate Wd UdW of C with t o Water Year d r ng which P ro j eo water is madt available to the Agmcy the Agency pay W the District in adva= and on a basis, its caked and paid with tie AWTUMM Fffilymons of this Article, for the P roiept water available ceder this Conusa for s uch Wa W Y car p pins a variable to be determined as set forth i tlds Article, to be calaated -on a basis aid paid M off P Mrs (A) Allocation of Total Project Costs and Debt Service. On or April 1 of each a ar Yew, do Di 'ict maculate, or s to be cal Total rwo, ec Est �t� Fiscal Year em ng are the immediaW Mowing July I The District d6duct the calmbftd Total rOect C#s fDr Fiscal Year, i tie NMI" Q� to be received by to District e Fiscal Year i uesdon; providedtl spt any a �� tomes levied and paid to =vice vice ors the District's li ian Bandy at any tine shall be restricted to use for o debt sernee on such Geneml Obflgxtkm Bonds and �l t not be included in the deducted amount ae by the 0 8 clause; (2) a sum equal to Recreeflonal Us revenues ec ved by the District during the n*cal Year about to be concluded. Ti a wit can pciae the Total duc, oo ectinly, the Agency heremKier aid fro the O ther Agenc =der t elr respft%ve Watt Supply Contrwts In dewm ining the Debt ice portion ofTotal Project Casts ag any FisW Year to be ftr supported by the Agency,, the District make ft following ons [(G.O., Debt Sere ) + anqtalliment Debt Service)] w (District mu s ) = A110CILble Debt Savioe ("ADS") • [(Proportionate Share) x ADS] = Annual Agency Obliptions C • AA - ( G. O. Tax C oUwfions) -" Agency Debt i en i e "S300 25 Agenda Item 8.g. Page 33 -� 0 For purposes ofthe abo coons, the term ". 0. Debt service" above mcfs to the debt Bonds; the t "tart �r'r'ce #' refers t the s�►� o the MOW � • nth c ' M Ihnew t to the T � liti lam "r'w� " P share bereun r, the term "Disvi ewmw`" refers 1 Share refers to &e • Diet tl swe of this h ( A) of Article W tie o� le o the 11 ax C nr re to amours collected t the 14, aid � term �. . Geneml • es o f dig tl Fisch Yea �� based Ob�o the howe tart i the case of SeMc Area No. 12, arch on &=Kwma . lees role � , �� tbaat aca� Av Bch qty acs aries. � be I Named to � Duct, a well a the area " C mice Aga No. 12. In no event AgencY • be less t� eer+o. �► fo�r+egog cal�oos smell be Debt mac, cal above ed by tic. D�c • Fiscal Year be made le to the Agcy with a t o each Other MencY as WC No more- � tom► , th Ditict shall retain wed public i w ith the � o tl � *Nc be a=1MtW4 or themt co Debt mice rtswdig � h+ �ble for r��g � . • tie same to the Agencyq the District and each Other Agency. fareoIlly calculia rqwtin ( B ) AgeytL7, C ontract . U nlew the with e o a o � the be obhgwzd to pay the � below, be � - Duct: s9s30oz 26 Agenda. Item 8.g. - Page 34 � o n or before July l and the immedieftly following January i of each FiwA Year, a sum equal to one -half of its P�oeniage Sparc of charges for Operation and Maimtenance Reserves for u Fiscal Year, (2) on or before July 1 of each Fiscal Yew, a sum equal to Agency Debt Services as calmilfted der p�agi8ph (A) above; and (3) on or before the SRxntb day following the end of each Cslcadar Quallff Ong Y r, tie v fable calculated in a with # (D) below for the Ca1Ga�ar Quarter ceding the Est day of the Calendar Quartw most receflotiy cancivded. (C) agency Cr'rdft agahist Contract Payment: The following ah�11 conatimte c wt the oblige on ofthe Agency to PR 'to dw X strict: ( 1) If, prior t the d upon which the District cumes the Tax- bligabons to be sold, the in a sour as and for its ' orate Share d thC tDW Of cost eacpnses p ojecd by the District as tie for t 'on Project, r any portion f �s Prop W, so tlt pdncipal of the Tax-Exempt Obligations rWW is ed by AgenWs portione Share of Debt Service, and therefole4 of Total project Costs be redid ■ (b) If the Agency following the date of delivery of the Taac- Exec obligations, y . on to fend alI o a portion of DcU Service during the te of the Tax-Exempt ObUpfim tutum U ` the levy of aid valorem property taxes, o r special taxes, then the - be entitled to a aredit Om -amok paid under mch levy as wkmnts w= paid day by the Agency s ubject to t ► per or appro vau of each rig thm Ming ft Tax- Exempt 5 95M. 7 Agenda Item 8.g. " -- Page 35 Obligations any bond ' then providing ' msurame therefor; that the District sal be made a rd . beneficiary of any pledge of sock al source of revemm, with the poor capon 1�er�e f, n tie t� s o * %1A ",%& to do so; and (c) The Agency shall be entitled to a credit equal to a Percentage Share of the net revenues tie District have received tie sale of Su ius Water and fion the delivery of any waiter wheeled for Whaling Customers, as d in aad pmstnnt to the ..� Article 1, dung the Final Year in umdon; n tie such Flu the o sat - o� oft the , tie Dist ct �1 apportion its net revenues fx n the sources, � into account the particu Unit Units which qW deliver of SIMPIUS WaW or wbeeled was co ftA Share for such uni o r Units with the o er+antage Sire for all Odw Agencies and the Agency for Ubit or Units. ( 2 ) On or before Deombe l ofmhyear, the District ddWer to the Agency a i I P ment as to tie aMW Operation and Gimumme costa and q 'i 1-1, Reserve ChWVS cunvd or imposed the FL%W Year most conchXded, and I set forth in such statement its `on as W whetha the fore pad by the Agmicy as its Fercentap Share of c for OPMdon and MgUftmM costs d for Capi Rcswm ere in e xcess ofor less than it p She ofs� costs and far the F� Year most concluded. fthe Agewy shall ha"paid less tin ibPezvenmpftmof � Opaa fion and b bintenance Costs and for esees such F iscal Year, the A shah remit the to the DL within (180) days of the upon which it such ff Agency shall have paid ire than its Sbwe of such costs and 5 "3W 2 29 Agenda Item 8.g. Page 36 Y for snobs Y #hC DiStdct Mbalg the di to the AgCnCy promptly following its delivery of dw cos�ng VAMP t, and, in any event, thin th�rty (30) d"s thmemfler. (1)) Quarterly Variable Charges- The sum of quarterly variable charges to the Ag enc y the O� Agencies shall be an which i to sufficient t co�npFoamatc the District for al Project during the 've Calendar . The variable shad be detamined for each Calendar Qtnner w Wch Project water is made available to the Agency under Contract by l dividing tie dot's acuW cost O during tit Caleb Q�ter bar t � �& offticdect war &Hv d b the Dlsict duri a Calendar Quwter to the Agency all Other Agencies t o this Contrad and the odw Wat r Supply Ctmtacts, (2) IMM" Fing ago -foot by the number ofame-feet ofProject water delivered by the District to the Age d u such Calms Q uart= . The District notify the Agency In .. of such vadable by a dam no mar than the fiftmth day following the end of each der dar Quarta, for the variable mtt to tle - mar QUIWW most recently concluded, (E) Use byDistrfctaf !'otclContractPayments Duria$the oftbisContact and of t ac he other Wow Supply Co t , the District proc d with to collect ent s and � due, and shall l sou coif in the following order Total OontEact ayin � of priority: (l) to the payment of Operation and Maitaegancx Costs; (2) to the pary►ment of Debt Service with respect to the Tax Exmapt Obligations; and (3) to the replems a� ding of Capital Reserves for the Projoct, m +v r w= with the pr�aviaion set forth in Article 10 Hof. 5"3 W.2 2 _ Agenda Item 8.g. _ Page 37 - 6 . i ' -,1 I 1 t 4 V[71 i� it!i 1 ` 1 I, 6 :1 1• 1 which Proj o: t fir is provided u�1d on ract, the Agency �� pay all �nl iu s due , eluding, w thouat l under Arficle 14 hereof, vdthout reducfion or oft of any mod, whaffier or not the Project or any part t Creof d= its Semce LS d vAth, or curWled or In whole or" past, doe to any oft reasons o in Articlm 4(B), 5 and 13 or oflumise, an d soh payments not be co�itional upon the performance or. onpCr6osMana by any party for any cwae whatsoever, including the Offiff Agenci non meran o n 0fdoproject slate be apportioned 69 Agemy arad the Other Agacies in arc with their P Sl�res. The 's &Uwe or to accept delivery of Project vier to which it is entitled � in way relieve t� Agency o its ob�on to naments to the Pistrict as provided for hamiz � • '{ yF: #411 -+1 = #i # : 1 • 1 ;�[ • 4 unless it s�al� have pad cash as its share of the Total Project Costs, as provided in Article 14(G}{ 1) bemf, bm y pledges grm water sa a re == oft ala to its obligalim ceder t� . Contract, and co aid agreas to establish, fix collect Rates Cbwges the Of its � at levels sufficient to prodwe revenues the Water ria —M e- I _S1 P hu (B) the a t least equal to A the cosh of ' ' the Water A Contract P 4999 calculated in wconlaame with Article lam) hc=4 including C the A 's Prvportionaft Share ofd ebt Smim plus the Covemp Pact r for the Debt Svlc port ion ofthe AgenW s Contract P ; providecL however, &c prov ion ofArticle 2l C eroof may rose upon the a long the a any Pam P at dkhWt Ds3ao.2 30 Agenda Item 8.g. Page 38 by the Agency. The Agency wJ=wk d es aps *a. its obllptions hevmmder comprise, for aco an aint des its Water Enwnnise. cle JL (A) The following stall consdterte events of default (1) The Agency fidl to timel pam ofeuamounts d &M the Agency under the trams of s oft; or (Z) The Agency shall fail W esta blish or collect, or cause to be oolltcted, all fees, and � sums necessary to ewe to a e the required hevmmder a 6 provided in Article 16 lbem, aid, follower thirty 3 days' written Hance the District to the , to �1 faure to t]e #� of &e or (3) Thy Agency sbal! fait to perform air other obli�tion or cavem►t bacunder sbl to reedy such f�ilwe to the sfiction of the Dlsftict witYm thirty (3 days fo amain the 's �eipt of wr �n notio the District, or for such additi�l time as is iy in the sole dis don of the District, the sane; or (4) The Aigancy sal file any petition r' l inromprii-- any act or acts, Mate or f vi r to the sibject of or i olveCy MW cc t der y to act or arts, ciffi a ss a beWwupt cw as an imlvent or Ls a deter or" in aa similar amity, or Eby the Agency seeks orgays to be adjud -li a r is to be �- any r a of its debts or obli�, or offers on of its ob�ons for the bit of cretars, or for O ' reef. (g) Upon oc�ncrenoo of �n erueat of defaou#t }�+amd�r, the District sLsll be hied t to prec and enforce tie rioft veftd in the Duct by by judicial as the District may deem most c u e, either in equity or laver. 595300.2 1 Agenda Item 8.g. Page 39 without li t e ' of the mW* the Distda be entifled to pumue any of the fig r+dies (1) lie District may suspend the deLlivery of wader hermdw dicing the pczl d when the Asemy is deffixpmt in iu for Or other obllgafions t the District i1rom 12 bit Only ollowWg n dce t the the position of �� foll0 viug a fOtmel iag vonducted by the COUntp BOSTd; (2) lbeD;strictmaycoaspeltbeAge icy ,oritsgo�►exni�ngboar+�,byacdon or �t in equity to a+ev un o the Dis d t a - the of n ft%IW, ( 3) The District may by action or suit in equity to enjoin any � or things which may be r in viol on ofthe rigs of &e District sari ( 4) ne Di of may proceed in mmukmw or other suit, action or procxeding at law or in equity to ea�oroe its ri8hts a�iasE the ABe�GY (nd its board, officr�rs, fiats and plc Ces ) sari to 1 I& Age y to perform and cany oust ft du 6m a0d obftsflons un&w the law ift COVMR= obligi as set forth hweim The use by eiffier party to this Contract of aoa7+ remedy► specif ed heroin for the MfOroe � Of tbi Comet i not a cis +e not the party using soh remedy 0� 0 o r li the a d o o f any other remedy provide hmmia or by law or equity. (C) Upon each charge to be paid by the Agency to the District pursusat to this "A after t& sme rug at an annini na equd to the by the Comity TreanaWs -invesftnent fund Ls pmvWd M Ode Swtion 16480 of seq. calculated Monthly n the of soh de ffi q uma 11 p y�nen from said aft the due when the Mm p6d4 and the J%4Mcy agr� t0 pay such roue st; pmvi&dc *9 no be to or be paid by the Ag=y s9s3ooa 3 Agenda Item 8.g. Page 40 unless such el*uency continues for more thau thQtyr (30) days. The Agency hec+ebJ+ agrees to PAY such interpst to the D istrict w he&er o r not the District pursue any of the r emledie s specifi m this Article. In n event � deft � aterest be Q If ft Agwcy for any reason shall fail or refuse to establish or levy taxes or and s�ci� # the of Article 1 hereof; or ifthe be pr+�nded fim estabUshing rates at the levels reqWzed in said Article 16, the notify the District of uch fiwL, in estabWh either a with t he District; or (b) with-a Deposiuny de-d*=wftd by the Agency to the District in — " Account, into which the deposit, the first lawfully available funds therefor, an amad equal to one year's Covetage Facto for the Debt Savice Pa hemnmder, The Cov=V Account be in mod in acc with Ica e prov ofthe rjovc=nmw Code, subject to y limita6ous established 1 4 9 ofthe Code of 986, as le to su pus ofthe and sha11 be and # available to the Agency and to tie District as a sou me of funds to y hart�l in the p a y ment of Agency Contract Payments cunder. 11c Cover e be ■ pledged to the District for the purposes described tk Agency wv=xnft and agrees to execute insmmews as may he necessmy m order to effi=t a pledge of on deposit in the Cerage Aeont, iroiiiedln well to fo the ad of -- -a- MPG%; c ua wl to the District in connwfion with the pledge and invesanent of the Coverage A w=4 as may be or advisable in order to maintain the tax sus of the TaxmExempt OMptions. If at any tine following the ester ' of , the A an be able t and cect rtes end as lrce 16 heoof, 535300.E Agenda Item 8.g. _ Page 41 Coverage Account may be rele to the credit and name ofte Agcy for any lam pmpm thereof upon delivery to the District ofevidence the District that (i) the A succ levied rtes and for its mater at the levels for at lot one fl Fiscal or Water Year .since the Cxwerage Account was fit and d the Agency is then on ali payments duC under the District eithei redeause the Covera Account to the Agewy or. dbut tie D epodtory o do s free fin the lien described Contract shsil riot be sold or o&wwiw . ---- -* -o f by%eA#mcy for= OUW&.&ebDundkies of Zone 3 as t1 y may now or odst, % ithow the for consent ofthe D soict. w i& maps showing the lets of the A40mcy and the ser a area or ams of its water • dim t�on SYSECM T#aou out the feria of this :on acct the Agency %0 FA y not�fy the District of a " mss, e�ther by i�din or e�leon, in said * . its area or areas. The Amy no action t exclude any the or its �� am or areas without the prior written consent of the District. riTt"i'M W WiN - r.�v& T741-1 74 li F�f WIN andLdmhvm== (A) Except as provided in pera�ph {B) of this Article, *e Agancy aad the Other Agencies be solely 'bie liable for k Wrformsece under this Contract or under the other Water Supply Conuacts, as applicable. Their obligations to the District to nuke under this CmbW and the offer Watear supply Contracts arc expressly b the Duct as ,and not ioint„ and no &IMt on the pert of one of the Sher Agendes , in and of itself, cue an event of k The Covorage Account of the Agcy, if any I 595300,E 3 Agenda Item 8.g. -- - Page 42 �' established hereunder, shall not be available for any shortfall is payments ender say of the other Water Supply COMUCt,% unl ofiffwise dhected or uppmved in writing by tht (B) In the event that the Agency or any Other Agency {each. $ "Delinquent Agau�+'� s�sll fail to pay its Contract Payments hereunder or under de Uther Agmcy °s water SuPPlY ���• gm ePProP��• far any reason, then the Contract Payments for each non. deinquent aSmcY (ew3i, a "Non-Delinquent Agency") d= P nB in the Project �halE be increased for the particular Water Yearbyanamount equal to the sumofConiract Paymmts not paid in fall by ient Agencies (collecthmly, dw "ShMM'): Pfd however. that Non- )e uentAgencies contribute to the S a by divOn dl ' ' the Dot Service portion of the Contract Payments attributable to each partiailar Non�Drfsuiteag Agency by the Debt Servicx portion s of the Contract Payments at�nlbutabla to all Non Defaulting gecle; and d,�, tot the no event ll be this IN to contribwe to the 11 by an amount in any Water Year a ce d g the c cunt wbich is 20% of the portion of the AMWs Contract Payments rept no Debt ice for tbaat Water Year. (C) If payments acs made by Non- IkliQqueat Agencies vnd�r the fos_uing (B) 11 1 a ' any Waw Yew, ft District sue, ' in ing on ft first upon which payments arc deg from a DefinqueM Agency and not paid in ammlance with its Water Supply Cornract (each, a "Due Dwd), declace .a default as to such Delinquent ABeacY wider its WaW Supply C.on ac and be armed to cu ail all deliveries of Projed water uud r such Wow Supply Conft= to swh Delinquent Agency; . shad ncMe&CIe s to be oblig ed vmder its Wow Supply Cw&w for amours paid on its beh&by the No t A gencim until it reimbursed eachNo �. Amounts advanced by the Non-Delinquent Agencies bereunder we immediately der and payable 30 3 Agenda Item 8.g. -- y�� - Page 43 by the respo=ble IMinq Agency, a +d, if not so paid, and notwift=ding the provisions of Ardcle 1 7(C), Incur interest on the unpaid po on untH paid M" a a rate per Ual to the average rate for the County Treasury Pool, plus two percent (2.O%) per annum, for the month for which the County Treasiuy Pool rate was most racmdy calculated, bayed on a 360 -day year oftwrive 3 Omi* In o s ; rMiFIC14 how, that payments to be made as V. under this p�rdgraph {G� are d+cGmed aad imderscood to be subo�dinste m the obligations of tie Deliaqucnt 'e to pay &cr Propordowk Shares of Dek ice. (D) Show in Tom lea be needled under this Article prio to the Districts maidmg any widdrawal from the debt servke reserve fuudes ab ' ormider the serve bond for the Tax O bl i pfim% if an y, dmwinp on r umder which shall be delayed untH unless ' 'mot moneys we available from Non- Defimlfipg 'es (E) 17he pct co and agrees to enforce the pro vio --of this water Supply with dime, iud� without limitation, the ` `oos of tis Section four tie benefit of the owners, fim time to time, of the c -ct Obligad Adds=, CaaWwftMjkUWh= atec Supply CoWwu cu=ded by the District with the Od= Agencies shall be substantially warm with aspect bask tares and onditions, when con w ith i s wont a t, but prcmide for A ` dam, q es ofd to be &Hvem d, water delivery po w propordo� �� and Pace age Shares aid patent mounts. Ad& 23, Ammft= T CoMad be =bject Won at any fim by u�l eot othe pies hezvto, except sofar as any ed are in y ay cow to applicable la, or would have a m erect upon the ofd of the Tax- Exempt Obligations. As a condition to = a mendment to thus Conttactor to the other 5953 M.2 3 Agenda Item 8.g. _ . �. Page 44 Water Supply the District have received written confirmation from the rating r g e # ovid ,ng a rating for the Tax -Exempt pt bl�ons, to the effect the not ahwaly affe t.the mfmg oftbe Tax -Exempt O bligafions and, In the event tit the TaxwExempt Obligations, or any on tbcamof, be covered by municipal bond nsurance tie District have received prior Ott n consew to sal ed am ents � the provide' of mmh bond may b upon the following cond i t ions: ..: (A) to C ant= or other wsqngycowhich have the effect of or any der A Prop -abate ofproet wa#er or bare ofTotal Con�t Payments with water by or t � either (i) the Agency or some Ckber Agency or (H) a new customer be subject to the applovai only of those entities whose ^na Shares or Pacentap Sham will be affected and the (B) - upon the written west ofthe Agcy or any Other Aeency, the District may order the comsunwfion or ecipping ofany'Type IQ Additional x�� tit the rapa;tin A or Comer Amy demonsmae to the imfisftwHon of the Diet either i) the pWosed Type M AddWonal Projed w l bewonom ically fbasible with the i support of only die X4 8 ASency and/or Other Agencies who volumwily patt�cip�te {whosz Peraatage S�+es will tb be apPtuP Y ad1 ); or Cu) te and all of the Other Agencies wM consent to the ftWing of the 'Type M Additional project and viii agree to Total Project Costs sudently to provide for the costs tweof. The financing of a Type Additional Project may be ac=nplishecl through the levy of additional Capital Rewma the issuance of additional bons or other evidences of indebu&ess or odwwwise. The tinwanddng o 5"3 37 Agenda Item 8.g. Page 45 s Type or Type II ' ; nd rojem �� not the consent of the Agency or any der Agency nor the t of Contract. (C) Amendments to this Cornract end to the other Wader Supply Contracts other t� those specified above sal be approved only upon tk prior consent of the Duct, the Agency and .all Otber Agencies, &b i= QM=i=, A the teems oft his Contact provWe for action to be based � �on * approval, review r - 'on either ps y hmft, mi ch terms are in to aid never be coed to permit such apron, j iMMM ajqxwval review of in 'ors to be miry, capricious or umvwanable. The Disftict and the Agency sal suet in good faith in perf their respective obW(m as set forth in CoTtrWt. ( B) The Zone 3 Advisory Comndtft, amftd by of designsted 'ves ode bythe Age, each m Agency ad the District, is co� for the PMPCW of advising tie Duct .. ,� and '� concerns the ro,ect. Tie D istrict covenaft and agrees to p� to the '�, at its r+rrly scheduled or specially cued nwedngs, the following items for advice and conm= in • each case, prior to final tat on of the some item to the Board of Supwvism of the oty: Sri) the Approval of n vital X which has not VFW fore been' c bided in an aonud budget ofdw District; it bed M 4 P r m d as d agroed that rip 11 repairs and imptvve�ts shall be exempt from any ` re q u w=wt for preview established hereby; 5953002 Agenda Item 8.g. Page 46 J ( ii i) the znidy+ear rev ofactal oa,1 oftb Prof ect, provided for ffic then Fiscal Fear, and in any evert, prior to March 31 ofeach calms year, which may, to the cx=t practicable, be combined with the review of th D istrict 's a Hal far the nc d Final Year; acct (iv) ameadmmts to the methodology or formula established is County Board Resolution No. 2000-133, April 4, 2000, with resgsct to the roaldag of R=eat Transfers A&k 2 YWM of Ri" Any waiver at any time by cidw p y Ito of its ruts with re pe .tto rte , o�rany �� � incormection with this Contma, - I I not be deemedtDbea w respect to any other breadh6 or rnmtw hamunder, nor as to a breach or efa�ult occurring or having ooc aay other Water Supply C.aauact. NoticeL AU nodces we re m cit r or by i licat�on to be given by either party to the otter under this Contract if given in waiting, be memted n behalf of ttic District or for the Agency by such au&orizod officacs as thy► my each, to tin, �a in writing fo such pnr �o ea. AR notice's � b darned have � given and I r�ered if &Hvcmd pe one y or �f deposited, pow prep d, tine mi d S� PwW Sa-vice for del�vary, Unles and unto folly notified odwwLse,, all notices mall ben to the parties at their shown on dw si page of C onuwt - mmida that T,W PM may g t � notice to the � of a in notice &d id The V tOVIROJIS of Contract aPiy to and bind the aig O the ' - plies, �� �� Hof d m3ftd in cornelon with the owcudion and delivery of the Tax-Ex=pt ObHg adotm brut no . or oft . Cwt r t by the Amy, or any pert bomf or ' be valid unto Sao, 3 Agenda Item 8.g. Page 47 and unless ved by the District; proves ho ter, fl t no assi en by the District shall be valid until and unless approved by the Agency all of the Other ; ndprovided filrt so l as 'ax- Exempt Db] adoos are , n such t �I be �s 've until such time as the Msftict has rived assurances from each rating agency rating the Tax-Exempt Obligations, to the effect that mich twshr el l not adversely affect the Ong on Obli l as any ax -Exempt Dbllgations are then being' b the � �� �� � municipal bond inmma= co parry unto such 6= as the District has received the written conunt from such bond msurcr as to The Agency imams aclawwledges test the District - l amounts ceied to be received the other Water Sum Y to iastlMion and/or nonprofit corporations support for its obli 'one under the T - Dbllgation& j UfB29b Wd B29 119 authorised Offices Offims ofthe ASMCY �i have fall and ft acs at all reasonable times to the account books end offices words ofthe 'strict insofar as the same to the mars �� provided for in this with the l tat office hours of the District to � copies dwreofa the 4ency"s Y expmw 1 the anthorid officers of the District have Simi MA to the account books and records ofthe Agency for its WaW �ntpr rise. Article -M, SM=Wkv. Any provision of this C�ont and that I prohibited, _ orceable or not d in any un s&ction shall as to �h judsdictian, be ` e e extent such 'bition, t or o �� the .. .. ns � o the gelidity, ea o bilit of l ofd i t� prov�s�o g j udsdiction. S9S30D2 40 - -- Agenda Item 8.g. Page 48 R No pOoViAsion oft & � W Wow "M*;Inrr of dg WS) Or ClaiM(S) to Wsw Right(s) b ) bb or any agmemcnts dao9a fion of �t���� lim vrly �ptiv, WOW RWO of �r p . � or • r pr o � o • �t o�� •, no provon of in � • lit of any such Waw Righft tfim red= or R56M in my w8Y9 ittr part riSbts c ntmot onvwt be #� to an_ to • Wxr � won .I dlor � 1005.2 4 • nf Water As und M t mole tic term "EAsft havin a oft with tt Controgor refer to Agamq Otim A41011d" &16:p ;ed � any ' * n o &� Distr four the �� fro D ist ri ct �trt��f an ExWn �����#he sal be demawbed as a "Wbee Curto =. TW A amq , 3S as EASft CzMrwwv be • • to it tic Duct �� the viou 3i the entitled to bay in wit co Pro` s at &C C " of mch wbwlin& # t �c� ft AgOncy or �r Agencies for . deliverY of *c � � � of stow Projea Wxw to ft A4cncY or Otha Agenc , if at am time &win the tum of t . *e DLqric, delivers water, otw Custom pIrOj of the � Oct to � � � .fit ] my Wbeeft CusMfft { at pl V &Ch will ret be. shaB be F ; for a er # ` bie 1 IUD v tL VW me revcwx �l surd liv► i at e t� cbwg,es e � 8 unit or Uni 5953002 I - - -- ttem 8.g. Page 49 In &4=nkin the ► for aur delivered t a Wiling Cuso er the Distrust shall talcs into aoc unt the purticular Unit or Units dumqzgb which delivery of such water is made, shall compare the C4xisfi and Costs and Debt service costs apprton�le �� or [nom with'ta Poect Costs, and cow the moont ofd delivered tDVAmcJft Cuftmen dmugh such Unit or Units with the amouoot of Project WOW delivered to Co r such Unit or Units for the some period oftine. In calcWWft cmdift o the Eiri Comm from the dvery , of waster to Wheelies Customers mder Confta the o Water Supply Conftcts, the District shad apportion . such aoo� the nit or Units tbrough whit water was in fact delivered, as de 'W in the p ecedIn The ofthis Article shall be subject to any con&acts which the District may excem with the United Stmes ofAmcdca for any gram from the Deperftnent ofHouemg and Urban Develop m=L . Adkk ma b e.execuled m wveral co each ofwhich shall be as an ori� and all of which shall con tit a but one and the sane Artici 3 Cove in Law. This Contract I be ` p=WL governed and d in coo with the laws of the ate of C4iftania applicable to and performed M such stye, SsS3O0.Z 4 Agenda Item 8.g. Page 50 IN VnTNESS VIHE the Parties hereto have executed this Contract on the date ims above written. SAN L UIS OBISPO COUNTY FLOOD CONTRO AND WATER CONSERVATION DISTRICT B Board of Supervisors Address for Notices: County Gent Center San Leis Obispo, Califora 93408 Er�gneering Dqpa=ent Attn: County Engineer APPROVED AS TO FORM: COUNTY COUNSEL By eni De County Counsel COUNTY C LFARK B A Deputy THE �o o GRANDE B M Address for notices: P.O. Boy 550 Arroyo Grande, California 93421 Attn: City Manager A'T'TEST: By Director f five Services/ Deputy City Clerk APPROVED AS TO FORM: : C ATTORNEY othy. Carne 5353 3 Agenda Item 8.g. .- Page 51 _ . THE PROJECT AIIwtam o uro n wam 1 orlon of the do shed of Lopez # n will be renioved orarily to all ac ess for fo adnn, with sum co tes. The area ofa1h vlunl to be excavated wmdd tend abort 150 feet downstream fim the adsft toe ofthe the excavation would be to approximuftly elevation 340 feet in the and t 370 the 7 be total volume of excavated serials to be �� stored is 400 00 cubic yards ( cy ) . Ts Wires the ' , which will be salvaged aad vred sepaudy, Dudng cuzvatk of the WhrWnm and i n ctallsHnn ofthe she columns, grounder will need to be lowered as 30 feet in the e=avaltion area In additiM the outlet cool bdkHn& of the ' ` nini aid the ouow C13MM Qwk will need ito be Mocated downsbum k=UM to tie `on, or �� � mood to be s to outlet or s can ope #i rl the work. Tb bows could the cre& either an adaW p�pe d*sch at the Count FAWIFA t (about 1,000 fbd A- M) or at a location developed by the wnswwdon c nor the wesUm edge of th trout ponds 11a outlet control b ldiog will be moved ap o ` y 300 feet west along the road while the will be into either one or two new channe 50 to 200 feet do fin the wis&g &cbsip loauon. Shone cobs will be installed using a crawopmawd vileafmg probe. The vi`bwation acts and the groin„ and the stone colus provide addition it *M =&ww 1y 20Wc*1umns,8 pp to ' feet in, , w ,l be Wiled a 0 an ar p�prn with colus at app eIy fact on Te a► of will extend off" euat to abutment 570 feet) and be about 200 fit in width up under the ofthe do gravel material for the stone colun s (65,000 to 75,000 cy ) will be ' by Wwk pno em • The &wnstem be , *=.Winy the ffiiher dr in matmiaL will be r+cpla a after the columns are h ed using the matedal rmoved stored as well as ' `onal flted&Wn from a commorcW source, A dditiond buttma mm wiU be plate over the downsb=m aftcr fie' tone columns we ivied 6c aUuvium and shell Materjah V MM d are replaced. As aresult, the � crept rvld be by 130 feet. Tie buM= ma be court inal 11M flon Of t Men " he the all�xviun� is less � predicted. This additional w E d 200, to 400,E cy of aterial. Water level in the smvoiI will need to be mainwined at or below the c==fl me level of 10 feet, possibly down to elevation 490 fit. Consbvcdon is esdumed -to take U 19 months* S"3W A- Agenda Item 8.g. Page 52 Dewswin wiH be - excavation - of tie alluvium to elevation 340 feet, the ff no ral stone coluisins, and rePtwement Of the aihnium to he ground tear level l 1 feet below the excavated groimd • Dewmaipg may Aso be rewired 'on rued �r be dur O C==anon of the borrow ' for the if is MODUONOL . Bormw amssform the dam cam the Cre floods downweam oft he that was excavated dur t1 ori� Oftbe dam . Approximately 25,E to ,00 cy of ca -a obtained, MR l to be red alt and d t � of &e Dam. The � be at the . Of backfill air the store columns are �le+d. ApPurtmant Fac*ft Improvements f! f seepage, d the spillway ' e le(on the fi& abut== 00511D areas oftt conaft floor 1 GIs. Consawtkm . # ' MM at the and at tie left aw W cfrW the nwhmcatTiedwmah&acwmatmialsotitdxxi, the dndns io tie voids, Groudag will be used reduce this b3f m voids. Boric is ` oftbe activitie and could be d in �lel tha. 00.E A2 Age nda Item 8.g. Page 53 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.g. Page 54 A INCORPORATE JKkJULY 10. 1911 c• MEMORANDUM To: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER -* SUBJECT: CONSIDERATION of AMENDMENT To DEVELOPMENT. IMPACT FEE LIST of TRANSPORTATION TIOI IMPROVEMENT PROJECTS DATE: OCTOBER 12, 201 RECOMMENDATION: It is recommended the City Council adopt a Resolution amending the development impact fee list of transportation improvement projects to incorporate widening of Le Point Street. FUNDING: Preliminary cost estimates to widen Le Point Street are roughly $120,000 to $200,000, which will be able to be funded from the Transportation Facility Fund if the Resolution is approved. The balance in the Transportation Facility Fund is approximately $2.g million. BACKGROUND: The City adopted an Ordinance in 1994, which established Transportation Facility Development Impact Fees for all new development, which included a list of transportation system improvements based upon the City's General Plan Circulation Element. In March 2000, the City contracted with DMG Maximus to update the list of projects and fees. The fee structure and amounts have been further updated since that time, but have continued to be based upon the same projects and estimated revenue needs of the DMG Maximus Impact Study. ANALYSIS of ISSUES: Legal Requirements Section 66001 of the California Government Code requires agencies to make findings that there is a reasonable relationship between the development impact fee and development upon which it will be imposed and between the need for the public facility and the type of development project upon which the fee is imposed. Transportation facility impact fees are required to be used for street improvements that enhance vehicle, bicycle and pedestrian capacity necessary to accommodate growth projected from future development. Agenda Item 8.h. Page 1 CITY COUNCIL AMENDMENT TO DEVELOPMENT IMPACT FEE LIST OF TRANSPORTATION IMPROVEMENT PROJECTS OCTOBER 12, 2010 PAGE 2 .Justification for Inclusion of Le Point Street Wid enin Le Point Street is an important arterial to East Branch Street and was identified as a relief route for East Branch Street traffic in the General Plan update discussions. Increased commercial and residential development has created the need for increased parking in the Village. The 2002 pillage Concept Plan and parking study identified expansion of the Le Point Street parking lot as the top priority for parking expansion, which was approved by the Downtown Parking Advisory Board and City Council. An informal in -house traffic engineering analysis supported the need to include the Le Point Street Widening in the list of transportation improvement projects. The Traffic Study for the Short Street project also included the proposed Le Point Street public parking lot expansion from 23 to approximately 65 spaces as necessary to replace the public spaces lost and to accommodate new commercial development. Le Point Street provides primary access to the existing 34 space leased public parking lot on Mankins property, as well as more than 30 private parking spaces and secondary access to the 36 public and 5 private parking spaces in the Car Corral to the unrest. Therefore, more than 200 parking spaces will be dependent on access from Le Point Street, but the street does not meet existing standards and is insufficient to provide this level of access. Le Point Street has only curb and gutter on the north side adjoining Hoosgow Park, but no sidewalk, curb or gutter on the south side except at 122 Le Point Street. The existing street pavement is in poor condition and only 20 feet wide, inadequate for two - ay traffic and safe fire access, particularly if parking occurs on either side. The Traffic Commission recently approved restricting parking in some. areas of the street dine to unsafe turning locations. Approximately 3,500 linear feet of Le Point street west of Miller Way intersection would be widened to 32 feet curb to curb rather than the original proposed 40 feet width to enable two 12' wide travel lanes and four foot bike lanes on both sides or parking on the south side only). This width reduces the elevation difference that would require retaining walls for extra on- street parking and sidewalk construction. The project will require less than 1,000 square feet of private right -of -ray dedication, Le Point Street widening was not included in the original 1994 or tog list of street improvement projects. Staff recommends amending the list of transportation improvement projects at this time to incorporate the widening of Le Point Street in order to address deficiencies necessary to accommodate growth and development. A djustments to Impact Fee Studv Cost Estimates The Impact Fee Study projected $201,1 oo for spot widening of E I rn Street. The primary focus of these improvements was to address sidewalk deficiencies. Estimated costs for over half these improvements have been funded from Federal TE grant funds, as well Agenda Item 8.h. Page 2 cInr COUNCIL AMENDMENT TO DEVELOPMENT IMPACT FEE LIST OF TRANSPORTATION IMPROVEMENT PROJECTS OCTOBER 12, 2010 PAGE 3 as local matching funds. The project is currently under construction. Therefore, it is estimated that only approximately $80,000 in additional funding is needed. This will reduce the project funding needs by over $120,000. It is estimated that improvements to Le Point Street will be $120,000 to $200,000. The additional funding needed will not materially impact the existing fees. Therefore, staff recommends that the cost of Le Point Street widening be added to the transportation improvement project list, while reducing projected costs for Elm Street spot widening. This will make the Le Point Street widening project eligible for Transportation Facility Fund monies without requiring recalculation and analysis of the entire Transportation Facility Fund impact fees. ADVANTAGES: Approval of the Resolution will provide available funding necessary to widen Le Point Street at this time, which will enable the City to move forward with completion of the expansion of the Le Point Street parking lot in a timely manner. DISADVANTAGES: The project will reduce the fund balance available for other projects, primarily the Brisco Road Interchange Project. However, a substantial balance has accumulated. The expenditure for the Le Point Street improvements will have minimal impact on the overall fund balance, and funds remaining will be sufficient to address projected costs for the Brisco Road Interchange Project when combined with Local Sales Tax funds proposed for that project. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve the Resolution as recommended; - Modify and approve the Resolution; - Direct staff to prepare a comprehensive update to the Impact Fee Study; - Do not approve the Resolution and seek other funding for Le Point Street widening or defer the project; or - Provide direction to staff. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, October 7, 2010 and on the City's wesite on Friday, October 8, 2010. Agenda Item 8.h. Page 3 RESOLUTION NO. A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE AMENDING THE TRANSPORTATION T TIO IMPROVEMENT PROJECT LIST FOR TRAFFIC IMPACT FEES WHEREAS, the City Council adopted Ordinance 461 C.S. establishing Transportation Facility Development Impact Fees for all new development, which included a list of needed transportation system improvements and estimated costs for construction; and WHEREAS, the City Council adopted Resolution lution fro. 3438 to update the fees and list of transportation system improvements based upon an Impart Fee Study prepared for the City by D G Maximus in March 2000; and WHEREAS, EAS, the study was prepared pursuant to Section 66001 of the California Government Code, which requires that an agency must make findings that there is reasonable relationship between the development impact fee and the development upon which the fee will be imposed and between the need for the public facility and the type of development project upon which the fee is unposed; and WHEREAS, Le Point Street has been identified as deficient in width and widening is critical to serve as an adequate relief route and to provide s upplemental access to East Branch Street and Village parking in order to accommodate growth and development in and around the pillage; and WHEREAS, based on evidence in the record for this matter, the need for Le Point Street widening is related, in substantial part, in order to accommodate growth and development of both residential and commercial projects in and around the Village. NOW THEREFORE E E IT RESOLVED that the City Council of the City of Arroyo Grande hereby amends the 2060 list of Transportation Improvement Projects to include $ in funding for Widening of Le Point Street and ar reduction in funding of $125,000 for Spot Widening of Elm Street. On a motion by Council Member following roll call vote to wit: AYES: NOES. ABSENT: , seconded by Council Member , and by the the foregoing Resolution was passed and adopted this day of 2616. Agenda Item 8.h. Page 4 RESOLUTION N . PAGE 2 TONY FE F AF A, MAYOR ATTEST: KELLY WETMORE, CITY CLERIC APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CA MEL, CITY ATTORNEY Agenda Item 8.h. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.h. Page 6 INRPORATED MEMORANDUM AKNJULY 10, 1811 c -4 TO: CITY COUNCIL FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF A PUBLIC FACILITY FUNDING AGREEMENT FOR THE RECONSTRUCTION F SHORT STREET AND FFSITE SEWER IMPROVEMENTS IN CONNECTION WITH THE "SHOPS AT SHORT T STREET" PROJECT BATE: OCTOBER 12, 201 RECOMMENDATION: It is recommended the City Council 1 approve an agreement to provide payment of costs associated with the reconstruction of Short Street and offsite sever improvements associated with the "Shops at short Street" project; and 2 appropriate $20,000 for the offsite sewer im provements from th Sewer F und. FINANCIAL IMPACT: The project is estimated to cost $160,328.30. The existing budget includes $150,000 for this project in Local Sales Tax funds. It is recommended an additional $20,000 be appropriated from the sewer Fund to pay for the City's portion of the costs to upgrade the sever line and to allow approximately $10,000 for contingencies. On February 23, 2010 the City Council adopted Resolution Igo. 4262 and approved an Agreement for Purchase and Sale and Improvement (including the creation of two lots, demolition and construction of the Shops at Short Street project, [the "project"]} and subsequently approved minor modifications to the Agreement on April 2, 2010 and September 14, 2010. On August 24, 2010 the City Council adopted a Resolution lution approving the subdivision and final design for the project. Building permits are ready to issue and construction is expected to begin in raid October. Under the terms of the Purchase and Sale and Improvement Agreement, the City is responsibl to reimburse the developer for the cost of public improvements to short Street. ANALYSIS OF ISSUES: Reconstruction of Short street and replacement of a s ewer main in Mohan Alley will occur as part of the Shops at Short Street project (Shops) in order to reduce the overall construction timeline and reduce costs. Costs for Short Street reconstruction and one- half (1/2) of the sewer improvements are estimated to be $160,328. The project was bid in conjunction with the "Shops" project utilizing the City's bidding requirements, the Agenda Item 8J. Page 1 CITY COUNCIL AGREEMENT FOR CONSTRUCTION OF SNORT STREET OCTOBER 12, 201 PAGE 2F2 lowest responsible bidder was selected, and the project is subject to all prevailing gage regulations through a separate construction contract. The proposed agreement is necessary for payment to the developer for this portion of the project construction. ALTERNATIVES: Approve the agreement and appropriate funds; Do not approve the agreement and have the City construct Short Street as a separate project; Provi direction to Staff. ADVANTAGES: Approval o the proposed Agreement would allow for project construction to occur in conjunction with the Shops project, reducing the overall construction timeline and impacts by several weeks and reducing the costs of the project by an estimated $1 52000. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: This agreement is exempt from environmental revie w per CE QA Section 15061 (b)(3). PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 7, 2010. The Agenda and report were posted on the City's website on Friday, October 8, 2010. No public comments were received. Agenda Item 8J. Page 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN To: City Clerk City of Arroyo Grande 214 East Branch Street Arroyo Grande. CA 93420 FOR RECORDER'S I DEF 'S USE ONLY Draft 10 -7 -10 PUBLIC IMPROVEMENT FUNDING AGREEMENT (NO RECORDING FEE -- EXEMPT) This Public Improvement Funding Agreement "Agreement" is entered Into on this 12 day of October 2010 by and between the City of Arroyo Grande (the "City" ) and Nicholas J. Tompkins "NJT ". The City and N,JT are referred to throughout this Agreement as "Warty" and collectively as "Parties." RECITALS 1. WHEREAS, City and N.JT entered into an Amended and Restated Agreement of Purchas& and Sale and Improvement (the "Purchase and Sale Agreement" ) on September 1, 2010, whereby the City agreed to sell and N.JT agreed to busy a portion of that certain real property located in Arroyo Grande, California, commonly known as Assessor's Parcel Number 007-492-004 (the "Property"); and 2. WHEREAS, Section 3 a iv of the Purchase and Bale Agreement requires that the City, prior to the conveyance of the Property, legally divide the Property into two legal and marketable parcels consisting of: a a parcel of land improved by the existing Building Department building, parking lots, public restroorn facility and related improvements "Parcel 1") and b a parcel of land improved solely by the existing Public Works building and related improvements ( "Parcel 2"); and 3. WHEREAS, N T plans to construct certain improvements on Parcel 1, including a one -story commercial structure with store fronts on both East Branch and Short Street (the "Development "; and 4. WHEREAS, Section 2d of the Purchase and Sale Agreement requires that the City modify and restrict Short Street between East Branch Street and 0 1ohan Alley (the "Short Property" ) to provide for one -gray ingress; are 1 Agenda Item 8J. Page 3 5 . WHEREAS, EAS, City approved vesting Tentative Parcel Map No. 10-002 and Conditional Use Permit No. 10-002, pursuant to Arroyo Grande City Council Resolution No. 4302 for the proposed Development of Parcel 1, subject to a number of conditions of approval (collectively "Conditions" and individually a "Condition"); and 6. WHEREAS, Pursuant to the Conditions, NJT is designing, funding and constructing certain public improvements (the "Public Improvements") in connection with and which have a direct nexus to the evelopment'and its impacts, including, but not limited to : a. Condition No. 26. The existing 2" water line in the Short Street right -of -way shall be relocated into the new pawed street section and performed in accordance with a cost sharing agreement prepared to the satisfaction of the City Attorney. b. Condition No. 2. A new 8 " public sewer main shall be constructed in 01ohan Alley to serve proposed and existing buildings. The existing 4 sewer lateral shall be abandoned in conformance with City standards. C. Condition No. 44. The proposed relocated Short Street and related improvements shall be constructed as shorn on Sheet C2 of the applicant's submittal in accordance with the Agreement. d. Condition No. 4. Install new concrete, curb, gutter and sidewalk (of exposed aggregate with tile bands consistent with the Village streetsape on the proposed relocated and reconstructed Short Street project frontage as directed by the Community Development Director and per the Agreement; and 7. WHEREAS, the purpose of this Agreement is to clearly define the rights and obligations of the Parties regarding funding for the Public Improvements and to ensure that the Public Improvements are constructed in accordance with the Conditions of Approval, approved plans and specifications and all other applicable law. AGREEMENT T NOW, 1f, THEF EFO E, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, it is hereby agreed by and between the Parties as follows: 1 . Re The above recitals are true and correct and are incorporated into this Agreement by this reference. N Agenda Item 8J. Page 4 2. Scope of the Public Improvements NJT shall construct certain Public Improvements in connection with its Development of Parcel 1 pursuant to the Conditions, including but not limited to, the reconstruction of Short Street and the placement of a sewer line under 01ohan Alley. 3. specifications and Standards for the Public Im er ents NJT shall construct the Public Improvements consistent with the Conditions of Approval, the approved plans and specifications and all other applicable lair. 4. Funding a. Short Street. City hereby agrees that it will pay NJT for the cost to reconstruct Short Street, including utilities located therein, in accordance with the requisite standards and specifications subject to the terms of this Agreement. . Sewer Line. City and NJT hereby agree that they will split the cost (the City will pay one -half (1/2) NJT JT will pay one -half (1/2)) to construct the sewer line under 01ohan Alley, subject to the terms of this Agreement. C. Limitation. City shall contribute $160,328.30 to the cost to construct the Public Improvements. NJT shall be solely responsible for any and all costs associated with the Public Improvements exceeding $160,328.30. Should circumstances arise which change the cost to construct the Public Improvements, the Parties agree to evaluate the nature of the changes and to e allocate costs associated therewith. 5. Binding Effect This Agreement shall, at all times, be binding upon the City and NJT and their agents, successors and assigns. 6. Governing Law and venue This Agreement shall be construed and enforced in accordance with, and governed by, the lavers of the State of California. The Parties hereto agree that all actions or proceedings in connection with this Agreement shall be tried and litigated in the superior Court located in the County of San Luis Obispo, State of California. 7. Attorneys' Fees In the event of legal action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover its costs including reasonable attorney fees and costs. 8. Amendments. Amendments to this Agreement shall be in writing and shall be made only with the mutual prig written approval of the Parties to this Agreement. 9. Entire Agreement ent This Agreement constitutes the entire agreement and understanding of the Parties hereto and contains all representations between the 3 Agenda Item 8J. Page 5 Parties with respect to the subject matter hereof. Each Party has had the opportunity to consult independent counsel of its own choosing. No Party in executing this Agreement has relied upon any inducements, promises or representations made by any other Party or any representative of any other Party except as set forth in this Agreement. This Agreement can only be modified by a writing signed by all Parties to this Agreement. 10. Severability If any terra or provision of this Agreement is determined to e illegal, unenforceable, o invalid in whole o in part for any reason, such illegal, unenforceable, o invalid provision o part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of the Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then such stricken provision shall be replaced, to the extent passible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible. 11. Counterparts This Agreement may be executed in any number of counterparts each of which shall be deemed an original, and all of which shall constitute one and the same agreement. 12. Waiver. No waiver by a Party o any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same of any other provision. SIGNATURES TO FOLLOW EXT PAGE 4 Agenda Item 8J. Page 6 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed on the day and year first written above: CITY OF ARROYO GRANDE NJT STEVEN ADAMS, City Manager NICHOLAS J. T MPKINS ATTEST: KELLY WETMORE, City Cleric APPROVED AS TO FORM: TIMOTHY J. CAMEL, City Attorne 5 Agenda Item 8J. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.i. Page 8 ft 0 INCORPORATED imy 1a. 1911 MEMORANDUM I To: CITY COUNCIL FROM: TERESA MCCLIsH, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION of SUMMARY VACATION of A PORTION of SHORT STREET DATE: OCTOBER 12, 201 RECOMMENDATION: It is recommended that the city council adopt the attached Resolution vacating a small unused portion of short street right of way. FINANCIAL IMPACT: The City will receive $40,000 for the eventual sale of the portion of short Street right of way recommended for vacation. BACKGROUND: O September 14 , 2010, the city and Nicholas J. Tompkins "NJT" entered into an Amended and Restated Purchase and wile and Improvement Agreement (the "Purchase and sale Agreement"), whereby the city agreed to sell and NJT agreed to buy a fee simple interest in an approximate sic- hundred and sixty -six b square foot portion of short street between East Branch street and olhan Alley (the "Short Property „ , subject to the city's Fraction and abandonment of its public right of gray interest in the Short Property in the manner required by law. NJT plans to construct certain improvements ments on property adjacent to the short Property,, including a restaurant on the corner of short street and East Branch street. Pursuant to the terms o f the Purchase and sale Agreement and required recorded deed Restriction, NJT will use the short Property exclusively for outdoor restaurant seating. ANALYSIS of ISSUES: The subject portion of short Street located between East Branch Street and Olohan Alley has never been used as part of the constructed roadway. The vacation of this portion of the right of way will allover NJT to incorporate the property into the restaurant use. This action qualifies as a summary vacation as defined in California streets and Highways Code sections 8330 et seq. A summary vacation is appropriate based on the fact that the portion of the short street right of way proposed to be vacated is net Agenda Item 8.j. Page 1 CITY COUNCIL CONSIDERATION OF SUMMARY VACATION of A PORTION of SHORT STREET OCTOBER 12, 201 PAGE 2 currently used for street purposes and will not be used for street purposes in the future and is, therefore, an excess right of way. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the Resolution vacating a small unused portion of Short Street; or - Do not adopt the Resolution vacating a small unused portion of Short street; or - Provide direction to staff. ADVANTAGES: By vacating the small unused portion of short street the city will comply with the terms and conditions of the Purchase and sale Agreement and will allover the property to be used - for outdoor restaurant seating, which is considered an important component of a successful restaurant, and from which the City will derive sales tax revenue. DISADVANTAGES: VANTA DES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: Under the California Environmental Quality Act Guidelines "CE X , Section 15305, the vacation of excess right-of-way is exempt from the application of CE A. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Friday, October 8, 2010. The Agenda and report were posted on the City's website on M onday, October 11 , 2010. No public comments were received. Agenda Item 8.j. Page 2 1 *Is] 10101411'I'[0 A RESOLUTION of THE CITY COUNCIL OF THE CITY of ARROYO O GRANDE SUMMARILY VACATING A SMALL UNUSED PORTION of SHORT STREET NOT REQUIRED FOR STREET PURPOSES WHEREAS, a portion of Short Street, located between East Branch Street and olohan Ailey {the "Short Property"), as more particularly described in Exhibit "A" and depicted in Exhibit "B ", is not needed for public street purposes; and WHEREAS, the vacation of excess right-of-way is categorically exempt from the requirements of c QA, pursuant to CE QA Guidelines Section 15305. NOW, THEREFORE, E, E IT RESOLVED that the City Council of the city of Arroyo Grande does hereby find and determine that, pursuant Section 8384a of the California Streets and Highways Code, it is ordered that the portion of Short Street, as more particularly described in Exhibit "A and depicted in Exhibit "B" attached hereto and made part hereof, is hereby vacated and no longer constitutes. a street. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of San Luis Obispo county. On motion of Council Member Member seconded by Council and on the following roll call vote, to it: AYES NOES: ABSENT. the foregoing Resolution was passed and adopted on this day of , 2010. Agenda Item 8.j. Page 3 RESOLUTION . PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY 11 ETM RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. D RMEL, CITY ATTORNEY Agenda Item 8.j. Page 4 10/7/10 D X IT "A" LEGAL DESCRIPTION 'ION for SHORT PROPERTY That portion of Short Street in Block 6 of Subdivision of Property belonging to W N. Short, T.J. Mason and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to reap filed October 1, 1887 in Book A, Page 48 of Maps, in the office of the County Recorder of said County, more particularly described as follows; Beginning at a point in the easterly right-of-way of Short Street, 60 feet wide as ho n on said map, said point being South 3 3 '0 1 ' " East, 16.93 feet ftom the intersection of said easterly right-of-way of Short Street with the southerly right -of' --war of Branch Street, as lio n said map; thence southwesterly at right angles to said easterly right-of-way of Short Street, South 56 west, 13.00 feet; thence southeasterly and parallel to said easterly right -of -way, South 3 3 °01' 09" East, 5 3.5 5 beet; thence northeasterly at right angles to said easterly right-of- way, l ordi 5 °5 8'5 1 " East, 13.00 feet to said easterly right -of -way; thence along said easterly right-of-way, North 3 3'0 1 "09"' West, 53.55 feet to the point of hegmnning. Containing: 696 square feet more or less Legal leption prepared by or trader the .AND Supervision of: • Crlstl E. dry OF' - L. S. 8356 Page 1 of 1 11S10 auI1lshar7eU013S\11.0O IL ega l I es riptions\SF1 [ T P1 oPE T .doc Agenda Item 8.j. Page 5 Agenda Item 8.j. Page 6