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Agenda Packet 2007-03-27City Council Tony Ferrara Ed Arnold Joe Costello Jim Guthrie Chuck Fellows Mayor Mayor Pro Tem Council Member Council Member Council Member Agenda Steven Adams City Manager Timothy J. Carmel City Attorney Kelly Wetmore City Clerk AGENDA SUMMARY CITY COUNCIL/REDEVELOPMENT MEETING TUESDAY, MARCH 27, 2007 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: 5. SPECIAL PRESENTATIONS: 7:00 P.M. COUNCIL/RDA BOY SCOUT TROOP 13 PASTOR RANDY OUIMETTE ST. JOHN'S LUTHERAN CHURCH AND ARROYO GRANDE FIRE CHAPLAIN 5.a. Presentation of Badge to Michael Hubert. Director of Building and Fire 5.b. Honorary Proclamation Declaring ADril 2007 as " 6. AGENDA REVIEW: 6a. Move that all ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY -MARCH 27, 2007 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 coordihate 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the.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 March 1, 2007 through March15, 2007. 8.b. Consideration of Statement of Investment Deaosits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of February 28, 2007. 8.c. Consideration of Aoaroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special (Closed Session) City Council Meeting and Regular City Council/Redevelopment Agency Meeting of March 13, 2007, as submitted. 8.d. Consideration of Adoption of Ordinance Amending Portions of Chanter 12.16 of Recommended Action: Adopt Ordinance amending portions of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code, which include revisions to the Community Tree Program relating to the replacement of any regulated tree that dies. AGENDA SUMMARY -MARCH 27, 2007 PAGE 3 8. CONSENT AGENDA (cont'dl: 8.e. Consideration of Fundina Request for the America In Bloom Proaram (ADAMS) Recommended Action: Approve $500 for the America In Bloom Program. 8.f. Consideration of Aareement with Bob Murrav & Associates for Police Chief Recruitment (ADAMS) Recommended Action: Authorize the City Manager to execute an agreement with Bob Murray & Associates to provide consultant services to coordinate the recruitment process for the position of Police Chief and appropriate $16,500. 8.g. 8.h 8.i. 8.j. 8.k. 8.1. Cruise Niaht on Julv 27.2007 and Car Sho on Julv 28.2007: (STRONG) Recommended Action: Consider the request from the Arroyo Valley Car Club and adopt a Resolution authorizing the use of City property and the closure of City streets for the Annual Arroyo Valley People's Choice Cruise and Car Sho on July 27 and 28, 2007. Consideration of Authorization to Use Citv Property and Close Citv Streets for Use Permit No. 07-003 (STRONG) Recommended Action: Consider the request from the Arroyo Grande Village Improvement Association and adopt a Resolution authorizing the use of City property and Gosure of City streets for the Annual Arroyo Grande Strawberry Festival on May 26-27, 2007. Tow Services (AEILTS) Recommended Action: Approve the Agreement for Contractor Services regarding tow services with College Towing, Inc., dba College Towing South, 94 Atlantic City Avenue, Grover Beach, for two (2) years, beginning March 28, 2007 through March 27, 2009. San Luis Obispo Countv YMCA for a Fireworks Stand (ADAMS) [COUNCIURDA] Recommended Action: Authorize the use of the City owned property at Faeh Street and EI Camino Real by the YMCA for sale of fireworks. Recommended Action: Accept the 2006 Department of Homeland Security Assistance to Firefighters Grant and provide matching funds. Recommended Action: Adopt Resolution certifying the five-year radar speed survey and establishing speed limits on West Branch Street and East Grand Avenue. AGENDA SUMMARY -MARCH 27, 2007 PAGE 4 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: 10.a. Consideration to Remove the Existing Stop Sian and Crosswalk on James Wav at the Intersection of Hidden Oak Road (SPAGNOLO) Recommended Action: Adopt Resolution to remove the existing stop signs, advanced lighting assemblies, and the crosswalk on James Way at the Hidden Oak Road intersection. 11. NEW BUSINESS: 11.a. Consideration of a Proposed Ordinance Amending Chapter 2.28.050.D. of Title 2 of the Municiaal Code to Allow the Senior Advisory Commission, by Resolution. to_Adopt Rules and Regulations to Govern Meetings (PERRIN) Recommended Action: Introduce an Ordinance amending Arroyo Grande Municipal Code Section 2.28.050.D. to allow the Senior Advisory Commission, by Resolution, to adopt rules and regulations to govern meetings. 11.b. Consideration of an Ordinance Amending Section 10.08.060.6. of the Citv of Arroyo Grande Municiaal Code (ADAMS) Recommended Action: Introduce Ordinance amending Section 10.08.060.6. of the Arroyo Grande Municipal Code entitled "Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Public Right of Way Areas". 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Other (b) MAYOR PRO TEM ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) Other AGENDA SUMMARY -MARCH 27, 2007 PAGE 5 12. CITY COUNCIL REPORTS (cont'dl: (c) COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Fire Consolidation Oversight Committee (5) Other (d) COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT) (2) California Joint Powers Insurance Authority (CJPIA) (3) Other (e) COUNCIL MEMBER CHUCK FELLOWS: (1) South County Youth Coalition (2) County Water Resources Advisory Committee (WRAC) (3) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a. None. 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a. None. 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. AGENDA SUMMARY -MARCH 27, 2007 PAGE 6 18. ADJOURNMENT 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.arrovoorande.org +wwwwww+wawww++ww+wawaw++ All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the City Clerk's office and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ++ww++++weewww++++w+www+++ 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-soan.oro. ® CITY OF _ -. HONORARY PROCLAMATION DECLARING APRIL 2007 AS "MONTH OF THE CHILD" and "CHILD ABUSE PREVENTION MONTH" "CHILDREN'S OPPORTUNITIES -OUR RESPONSIBILITIES" WHEREAS, Saturday, April 14, 2007, will commemorate the 29th annual "Day of the Child"' celebration during Children's Day in the San Luis Obispo Mission Plaza, where children and families interact with the agencies and programs providing services throughout the County; and WHEREAS, the Month of the Child and Child Abuse Prevention Month is a time to recognize children, and to commit ourselves to ensuring that each and every child experiences a quality environment - at home, at child care, at school, and in the community -that will promote their optimal development; and WHEREAS, the City of Arroyo Grande recognizes that every moment in a child's life is an opportunity for that child to learn, and that the qualify of these experiences may determine whether a child succeeds in school and in life, and that all children need caring and loving adults in their lives; and WHEREAS, activities in April will provide an opportunity to acknowledge early childcare and education programs, and to raise the awareness of the community, employers and elected officials of the need to improve the quality, availability, and accessibility of such programs. NOW, THEREFORE, BE IT RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim April 2007 os the "Month of the Child" and "Child Abuse Prevention Month", and April 14, 2007 as "Day of the Child," and may we remember to listen to and watch the children around us, to have patience, and to allow them the opportunity to enjoy the journey of childhood. IN WITNESS WHEREOF, I hove hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 27th day of March 2007. TONY FERRARA, MAYOR ©a~e of Ppaovo c9 > ~xcOD9oxxiED 92 ~ O v '~ m f JULY 10, 1911 # C'q<IFORN`P 5.b. f 8~~~ MEMORANDUM TO: CITY COUNCIL {{~~ FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES~Y BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period March 1 through March 15, 2007. FUNDING: There is a $744,559.45 fiscal impact that includes the following items: • Accounts Payable Checks 130297-130472 $ 285,178.05 • Payroll Checks & Benefit Checks $ 459,381.40 All payments are within the existing budget. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staffs recommendation; • Do not approve staffs recommendation; Provide direction to staff. Attachments: Attachment 1-March 1, 2007-March 16, 2007, Accounts Payable Check Register Attachment 2- March 2, 2007, Payroll Checks & Benefit Checks Register apCkHist 03/20/2007 8:16AM Check History Listing CITY OF ARROYO GRANDE ATTACHMENTI Page: 1 Bank code: Check # boa Date Vendor 130297 03/01/2007 004279 MID STATE PLUMBING & 130302 03/02/2007 006011 ACBL UNIT 540 SLO 130303 03/02/2007 001259 AGP VIDEO, INC 130304 03/02/2007 001492 ALLSTAR FIRE EQUIPMENT, 130305 03/02/2007 005709 AMERICAN MESSAGING 130306 03/02/2007 006012 AMERICAN PAYROLL INST. 130307 03/02/2007 003817 AMERIPRIDE UNIFORM SVCS 130308 03/02/2007 003817 AMERIPRIDE UNIFORM SVCS Status ClearlVoid Date Invoice Inv. Date Amount Paid Check Total 021407 02/14/2007 8,333.28 8,333.28 022107 02/21/2007 137.95 137.95 2106 02/07/2007 2,490.00 2,490.00 113537 01/31/2007 9,237.76 9,237.76 15252720hb 02/15/2007 57.94 57.94 022307 02/23/2007 165.00 165.00 V 03/02/2007 0.00 0.00 F883521 01 /16/2007 112.40 F036893 01/30/2007 75.05 F035847 01/16/2007 53.09 F036431 01/23/2007 53.09 F895023 01/30/2007 34.90 F871998 01/02/2007 32.10 F889321 01/23/2007 22.96 F895022 01/30/2007 19.88 F877789 01/09/2007 19.60 F872014 01/02/2007 19.60 F877808 01/09/2007 19.60 F883537 01/16/2007 19.60 F889341 01 /23/2007 19.60 F895039 01/30/2007 19.60 F871997 01/02/2007 18.20 F877788 01/09/2007 18.20 F883520 01/16/2007 18.20 F889320 01/23/2007 18.20 F889332 01/23/2007 18.05 F877799 01/09/2007 17.25 F872012 01/02/2007 15.00 F883535 01/16/2007 15.00 F895037 01/30/2007 15.00 F872005 01/02/2007 11.80 Page: 1 apCkHist 03/20/2007 8:16AM Check History Listing CITY OF ARROYO GRANDE Page: 2 Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total F883528 01/16/2007 11.80 F895030 01/30/2007 11.80 F877803 01/09/2007 10.35 F889336 01/23/2007 10.35 F872011 01/02/2007 9.50 F883534 01/16/2007 9.50 F895036 01/30/2007 9.50 F872004 01/02/2007 8.80 F883527 01/16/2007 8.80 F895029 01/30/2007 8.80 F877805 01/09/2007 8.50 F889338 01/23/2007 8.50 F877802 01/09/2007 6.00 F889335 01/23/2007 6.00 F872013 01/02/2007 5.60 F877807 01/09/2007 5.60 F883536 01/16/2007 5.60 F889340 01/23/2007 5.60 F895038 01/30/2007 5.60 F877804 01/09/2007 5.00 F889337 01/23/2007 5.00 F877794 01/09/2007 2.80 F889326 01/23/2007 2.80 F877795 01/09/2007 2.80 F889327 01/23/2007 2.80 863.37 130309 03/02/2007 006013 MARY ANNESLEY- 022706 02/27/2007 15.00 15.00 130310 03/02/2007 002632 API WASTE SERVICES (DBA) 7X00029 02/12/2007 582.54 582.54 130311 03/02/2007 003175 AQUA-METRIC SALES 0015712-IN 02/05/2007 1,244 78 1,244.78 130312 03/02/2007 000042 ARROYO GRANDE FLOWER 35379 01/31/2007 37.54 37.54 130313 03/02/2007 005507 AT & T 2/7-0183 02/07/2007 194.30 2/7-3956 02/07/2007 33.29 2/7-3959 02/07/2007 33.29 2/7-3953 02/07/2007 33.29 29417 Page: 2 apCkHist 03/20/2007 8:16AM Check History Listing CITY OF ARROYO GRANDE Page: 3 Bank code: boa Check # Date Vendor 130314 03/02/2007 001944 BASIC CHEMICAL 130315 03/02/2007 000094 BRUMIT DIESEL, INC 130316 03/02/2007 001577 BURDINE PRINTING (DBA) 130317 03/02/2007 000603 CAROUEST AUTO PARTS 130318 03/02/2007 006014 JACK CASTILLEJA 130319 03/02/2007 003988 CENTRAL COAST 130320 03/02/2007 006015 CHAMPLAIN PLANNING 130321 03/02/2007 000171 CLINICAL LABORATORY OF 130322 03/02/2007 000172 COAST CLUTCH & BRAKE 130323 03/02/2007 004169 COAST ELECTRONICS 130324 03/02/2007 006017 COMMERCIAL LAUNDRY 130325 03/02/2007 001694 SHAWN COSGROVE 130326 03/02/2007 006004 COUNTY OF SAN LUIS 130327 03/02/2007 006005 COUNTY OF SAN LUIS Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total SI5274065 02/05/2007 608.98 608.98 95828 02/02/2007 141.92 95858 02/06/2007 24.80 166.72 5443 02/15/2007 214.59 5398 02/07/2007 114.97 329.56 7314-141024 02/14/2007 90.66 141638 02/16/2007 66.88 140566 02/12/2007 60.98 140565 02/12/2007 50.46 141642 02/16/2007 31.10 142035 02/18/2007 24.43 142030 02/18/2007 15.65 7314-141015 02/14/2007 13.17 141309 02/15/2007 4.79 358.12 081606 08/16/2007 30.00 30.00 45068 02/11/2007 285.87 285.87 022607 02/26/2007 100.00 100.00 748566 02/09/2007 501.00 501.00 113774 02/16/2007 25.52 25.52 022107 02/21/2007 4,858.50 4,858.50 3589 02/21/2007 23.53 23.53 022307 02/23/2007 400.00 400.00 DA # VF006-0010 02/23/2007 100.00 DA # VF006-005 02/15/2007 100.00 DA # VF006-007 02/15/2007 100.00 DA # VF006-004 02/15/2007 100.00 DA # FV006-001 02/15/2007 32.00 432.00 DA # VF006-004 02/15/2007 398.00 Page: 3 apckHist 03/20/2007 8:16AM Check History Listing CITY OF ARROYO GRANDE Page: 4 Bank code: boa Check # Date Vendor Status ClearlVoid Date Invoice Inv. Date Amount Paid Check Total DA # VF006-005 02/15/2007 195.50 DA # VF006-0010 02/22/2007 14.25 607.75 130328 03/02/2007 005091 JOHN DEERE LANDSCAPES 12375414 01/31/2007 74.40 12366297 01/30/2007 64.14 12361487 01/29/2007 47.70 11470032 02/14/2007 46.61 232.85 130329 03/02/2007 002673 DOCTORS MEDPLUS 13882852 02/16/2007 360.00 360.00 130330 03/02/2007 004771 ECONOMIC OPPORTUNITY 1100-295-6-2007 02/23/2007 2,714.47 1100-295-JUNE 2006 02/23/2007 1,609.00 1100-330-6-2007 02/23/2007 97988 5,303.35 130331 03/02/2007 001525 FERGUSON ENTERPRISES, 1249211 02/15/2007 1,791.09 1248130 02/14/2007 29762 1251357 02/13/2007 251.51 2,340.22 130332 03/02/2007 000897 FIRST ASSEMBLY OF GOD 714 10/27/2006 6,615.00 6,615.00 130333 03/02/2007 004202 CLAIRE FLOYD 030107 03/01/2007 48.00 48.00 130334 03/02/2007 004790 DEANNA FLOYD 030307 03/03/2007 80.00 80.00 130335 03/02/2007 003590 SERENA FLOYD 030107 03/01/2007 80.00 80.00 130336 03/02/2007 000262 FRANK'S LOCK & KEY 24747 02/16/2007 86.87 24761 02/22/2007 9.65 96.52 130337 03/02/2007 000499 GRAND AWARDS, INC 70207 02/08/2007 195.20 70206 02/13/2007 123.96 70234 02/16/2007 80.44 399.60 130338 03/02/2007 000288 CITY OF GROVER BEACH 022807 02/28/2007 42.40 42.40 130339 03/02/2007 006018 DENNIS GULARTE 022607 02/26/2007 95.00 95.00 130340 03/02/2007 001237 HANSON AGGREGATES INC 946485 02/01/2007 603.64 96787 02/07/2007 575.75 815573 02/06/2007 558.77 1,738.16 130341 03/02/2007 004188 EDDIE HARRIS 030107 03/01/2007 24.00 24.00 Page: 4 apckHist Check History Listing Page: 5 03/20/2007 8:16AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor 130342 03/02/2007 000928 HI-TECH EMERGENCY INC 130343 03/02/2007 003609 HRACC 130344 03/02/2007 002820 INDOFF, INC 130345 03/02/2007 000354 JOBS AVAILABLE, INC 130346 03/02/2007 003949 KERN'S PAPER 130347 03/02/2007 000387 LINSON SIGNS(DBA) 130348 03/02/2007 001136 DOUG LINTNER 130349 03/02/2007 005389 MGE UNDERGROUND INC 130350 03/02/2007 006020 RYAN MICHAEL 130351 03/02/2007 000429 MINER'S ACE HARDWARE, Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 117626 02/15/2007 317.50 317.50 022807 02/28/2007 75.00 75.00 894259 02/20/2007 28.21 28.21 704014 02/06/2007 192.50 192.50 20240 02/08/2007 526.92 20231 02/08/2007 223.88 20251 02/08/2007 118.14 868.94 5301 02/13/2007 236.80 236.80 030107 03/01/2007 200.00 200.00 PW 2005-02 02/26/2007 36,307.66 36,307.66 5746 02/14/2007 180.00 180.00 119314 02/09/2007 134.85 137492 02/14/2007 87.57 120288 02/18/2007 58.42 120101 02/16/2007 51.77 120696 02/21/2007 49.31 120006 02/15/2007 39.63 137391 02/13/2007 30.02 120575 02/20/2007 22.48 120246 02/17/2007 20.11 118347 02/02/2007 18.72 119223 02/09/2007 18.40 119932 02/15/2007 16.07 119698 02/13/2007 15.56 119844 02/14/2007 9.63 120039 02/16/2007 7.87 137862 02/16/2007 6.42 120789 02/22/2007 6.42 119824 02/14/2007 6.40 119848 02/14/2007 4.28 120595 02/20/2007 428 Page: 5 apckHist 03/20/2007 8:18AM Check History Listing CITY OF ARROYO GRANDE Page : 6 Bank code: boa Check # Date Vendor Status ClearNOid Date Invoice Inv. Date Amount Paid Check Total 120715 02/21/2007 2 .13 120117 02/16/2007 -8 .54 601. 80 130352 03/02/2007 000441 MULLAHEY FORD FOCS175870 02/14/2007 3,250 .10 3,250. 10 130353 03/02/2007 000444 MUSTANG TREE CARE 391 02/27/2007 5,500 .00 5,500. 00 130354 03/02/2007 000450 NATIONAL EMBLEM, INC 0317074 02/08/2007 762 .60 762. 60 130355 03/02/2007 000466 NOBLE SAW, INC 165627 02/15/2007 82 .58 82. 58 130356 03/02/2007 002174 NOSSAMAN, GUTHNER, 204186 01/22/2007 165 .27 165. 27 130357 03/02/2007 005744 OCEANO COMMUNITY OCCI-22 02/27/2007 2,004 .75 AG-4 02/27/2007 280 .00 2,284 75 130358 03/02/2007 000468 OFFICE DEPOT 374039319-001 02/09/2007 66 .59 375285538-001 02/09/2007 18 .33 84. 92 130359 03/02/2007 004757 PLUMBERS DEPOT INC. PD-6231 02/12/2007 48 .26 48. 26 130360 03/02/2007 006023 KIM RAFANAN 030107 03/02/2007 37 .04 37. 04 130361 03/02/2007 006019 JOHN ROBASCIOTTI 030107 03/01/2007 3,082 .00 3,082. 00 130362 03/02/2007 004833 STEVE ROMO 030107 03/01/2007 240 .00 240. 00 130363 03/02/2007 000536 GREG ROSE 030107 03/01/2007 100 .00 100 00 130364 03/02/2007 006021 BLAKE ROSKELLY 030107 03/01/2007 180 .00 180. 00 130365 03/02/2007 003649 CHARLES D (DON) RUIZ 030107 03/01/2007 48 .00 48. 00 130366 03/02/2007 006022 LEAH RUIZ 030107 03/01/2007 72 .00 72. 00 130367 03/02/2007 000570 SAN LUIS POWERHOUSE 21809 02/13/2007 632 .00 21810 02/13/2007 165 .00 797. 00 130368 03/02/2007 000589 SENSUS METERING ZZ70025408 02/08/2007 1,243 .50 1,243. 50 130369 03/02/2007 003591 RICHARD SIMMER 030107 03/01/2007 60 .00 60. 00 130370 03/02/2007 001876 KAREN SISKO 030107 03/01/2007 453 .28 453. 28 Page: 6 apckHist Check History Listing Page: 7 03/20/2007 8:16AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 130371 03/02/2007 000553 SLO COUNTY CLERK- 022707 02/27/2007 53.63 53.63 130372 03/02/2007 000564 SLO COUNTY NEWSPAPERS 6514167 01/03/2007 155 21 130373 03/02/2007 001433 SOUTH COUNTY HISTORICAL 130374 03/02/2007 000609 BOB SPEAR 130375 03/02/2007 006016 STRIKE FIRE PRODUCTIONS 130376 03/02/2007 000624 SUPERIOR QUALITY 130377 03/02/2007 000637 TEXAS REFINERY CORP 130378 03/02/2007 000653 DOROTHY TRULOCK 130379 03/02/2007 002137 VERIZON WIRELESS 130380 03/02/2007 005439 FLOYD V. WELLS INC 130381 03/02/2007 000866 JAMIE WHARTON 130382 03/02/2007 005979 WICKS ROOFING INC 130383 03/06/2007 006024 JENNIFER GRAHAM 130384 03/06/2007 006006 BRAD KELLER 130385 03/06/2007 006008 APRIL MARTINEZ 130386 03/06/2007 006010 CHRISTY MAYFIELD 6515941 6513497 6531898 6523432 6514164 6519209 022807 030107 022707 0227 34166 34167 782765 022807 2111377932 2112301730 2112520883 2112138336 PW 2004-07 030107 PW 2006-06 Ref000074887 Ref000074662 Ref000074665 Ref000074669 01 /05/2007 01 /05/2007 02/02/2007 01/22/2007 01/05/2007 01/12/2007 02/28/2007 03/01 /2007 02/27/2007 02/27/2007 02/09/2007 02/09/2007 02/06/2007 02/28/2007 02/04/2007 02/28/2007 02/28/2007 02/28/2007 02/26/2007 03/01 /2007 02/20/2007 02/27/2007 02/21/2007 02/21/2007 02/26/2007 140.25 130.90 127.16 125.29 117.81 84.15 15.00 40.00 250.00 149.29 166.24 117.98 110.15 275.20 244.00 53.62 51.40 37.27 6,975.00 24.00 19,906.92 76.43 17.96 114 01 108.36 880.77 15.00 40.00 399.29 284.22 110 15 275.20 386.29 6,975.00 24.00 19,906.92 76.43 17.96 114.01 108.36 Page: 7 apCkHist 03/20/2007 8:16AM Check HiStO~y Listing CITY OF ARROYO GRANDE Page: 8 Bank code: boa Check # Date Vendor Status ClearlVoid Date Invoice Inv. Date Amount Paid Check Total 130387 03/06/2007 005993 LISA OBREGON Ref000074667 02/21/2007 112.51 112.51 130388 03/06/2007 006009 ROBERT RAILSBACK Ref000074666 02/21/2007 42.35 42.35 130389 03/06/2007 006007 PHIL ROMERO Ref000074664 02/21/2007 105.08 105.08 130390 03/06/2007 004548 CARMEL & NACCASHA, LLP 10731/10732 03/02/2007 13,634.16 13,634.16 130410 03/09/2007 005180 APEX OUTDOOR POWER 27559 10/27/2006 27.78 2778 130411 03/09/2007 000056 BACKYARD IMPROVEMENT 2007-186. 02/14/2007 10.36 10.36 130412 03/09/2007 000078 BLUEPRINT EXPRESS(DBA) 29950 03/01/2007 65.10 65.10 130413 03/09/2007 000090 BRISCO MILL & LUMBER 132254 02/26/2007 229.52 132257 02/26/2007 55.71 132132 02/16/2007 10.05 132094 02/13/2007 4.06 132267 02/27/2007 1.14 300.48 130414 03/09/2007 001577 BURDINE PRINTING (DBA) 5407 02/17/2007 140.71 140.71 130415 03/09/2007 000096 BURTON'S FIRE, INC. 36272 02/06/2007 537.79 36516 02/09/2007 150.00 687.79 130416 03/09/2007 000110 CA ST DEPT OF 6744 02/23/2007 4,212.20 4,212.20 130417 03/09/2007 000142 CAL-COAST MACHINERY, INC R8426 02/12/2007 646.50 646.50 130418 03/09/2007 004137 CALIFORNIA USA 030507 03/05/2007 655.00 655.00 130419 03/09/2007 000603 CAROUEST AUTO PARTS 161786 12/12/2006 45.16 151945 11/08/2006 34.32 7314-141208 02/14/2007 27.02 7314-141659 02/16/2007 9.09 157752 11/29/2006 5.47 121.06 130420 03/09/2007 003168 CELLULAR ONE 01626 02/22/2007 140.51 140.51 130421 03/09/2007 004952 COLLINGS 8 ASSOCIATES 12119 03/01/2007 502.00 502.00 130422 03/09/2007 000181 COMMUNICATION 3620 02/28/2007 1.550.32 Page:B apCkHist 03/20/2007 8:16AM Check History Listing CITY OF ARROYO GRANDE Page: 9 Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 3619 02/28/2007 1,305.00 2,855.32 130423 03/09/2007 000190 CREEK ENVIRONMENTAL 00684 02/13/2007 500.00 500.00 130424 03/09/2007 000192 CROCKER'S LOCKERS(DBA) 021707 02/17/2007 200.00 200.00 130425 03/09/2007 000195 CRYSTAL SPRINGS WATER 48517 02/28/2007 28.75 28.75 130426 03/09/2007 006030 CUESTA COLLEGE SMALL 02072007 02/07/2007 12,500.00 12,500.00 130427 03/09/2007 000196 CUESTA EQUIPMENT CO INC 332133 02/23/2007 233.37 331520 02/03/2007 168.79 332138 02/23/2007 108.90 331545 02/06/2007 42.45 331888 02/13/2007 33.23 331593 02/02/2007 -536.25 50.49 130428 03/09/2007 005671 DEATHRIAGE & CO. 5735 02/15/2007 99.00 99.00 130429 03/09/2007 000208 J B DEWAR, INC 924872 02/28/2007 142.00 925861 02/28/2007 37.38 179.38 130430 03/09/2007 001525 FERGUSON ENTERPRISES, 1258705 02/28/2007 319.95 1260640 02/27/2007 221.72 1257813 02/21/2007 13.18 554.85 130431 03/09/2007 005990 FIRMA CONSULTANTS INC 2669.021907 02/19/2007 8,125.79 8,125.79 130432 03/09/2007 006028 FIRST CONTACT 9-1-1 LLC 5746 02/14/2007 250.00 250.00 130433 03/09/2007 000262 FRANK'S LOCK & KEY 24723 02/27/2007 130.26 24765 02/22/2007 49.12 24712 02/07/2007 14.48 24772 02/26/2007 1.61 24774 02/26/2007 1.61 197.08 130434 03/09/2007 000288 CITY OF GROVER BEACH 2007-02 02/27/2007 138.89 138.89 130435 03/09/2007 000291 HAAKER EQUIPMENT, INC C52845 02/27/2007 252.03 C52353 02/12/2007 80.44 332.47 130436 03/09/2007 001237 HANSON AGGREGATES INC 97003 02/14/2007 456.62 456.62 Page: 9 apckHist Check History Listing Page: 10 03/20/2007 8:16AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor 130437 03/09/2007 000301 HEACOCK TRAILERS & 130438 03/09/2007 000928 HI-TECH EMERGENCY INC 130439 03/09/2007 005201 JAS PACIFIC INC 130440 03/09/2007 005833 KERN TURF SUPPLY INC 130441 03/09/2007 005265 KIDZ LOVE SOCCER, INC 130442 03/09/2007 000419 MIDAS AUTO SERVICE 130443 03/09/2007 000426 MIER BROS LANDSCAPE 130444 03/09/2007 000429 MINER'S ACE HARDWARE, Status ClearlVoid Date Invoice Inv. Date Amount Paid Check Total 23726 02/23/2007 19.31 23391 01/04/2007 17.16 23629 02/09/2007 12.61 23538 01/26/2007 8.58 23620 02/08/2007 8.58 23594 02/02/2007 6.44 72.68 117738 02/26/2007 133.07 133.07 619257 02/05/2007 4,944 00 4,944.00 242673 02/22/2007 158.35 242593 02/21/2007 135.02 293.37 030207 03/02/2007 2,566.20 2,566.20 0017111 02/26/2007 56.96 56.96 124945 02/13/2007 189.83 189.83 120843 02/22/2007 46.06 121442 02/28/2007 40.63 138750 02/22/2007 39.66 120822 02/22/2007 39.64 121374 02/27/2007 34.29 121275 02/26/2007 2891 118736 02/05/2007 23.56 121436 02/28/2007 20.36 121054 02/24/2007 18.74 120854 02/22/2007 17.15 121322 02/27/2007 15.13 133530 01 /16/2007 13.92 120951 02/23/2007 12.85 121026 02/24/2007 10.70 120839 02/22/2007 10.26 121067 02/24/2007 8.57 139535 02/28/2007 8.56 122052 03/05/2007 5.89 120840 02/22/2007 5.89 Page: 10 apCkHist 03/20/2007 8:16AM Bank code: boa Check # Date Vendor 130445 03/09/2007 000439 MOSS, LEVY & HARTZHEIM 130446 03/09/2007 000441 MULLAHEY FORD 130447 03/09/2007 000481 PACIFIC GAS & ELECTRIC 130448 03/09/2007 006031 PACIFIC OVERHEAD DOOR 130449 03/09/2007 003265 PLATINUM PLUS FOR 130450 03/09/2007 000518 PAUL QUINLAN Check History Listing Page: 11 CITY OF ARROYO GRANDE _ Status ClearNOid Date Invoice Inv. Date Amount Paid Check Total 120863 02/22/2007 5.54 120978 02/23/2007 5.35 118173 02/01/2007 5.34 122198 03/06/2007 5.19 120768 02/22/2007 4.08 139351 02/27/2007 3.74 121328 02/27/2007 3.74 121179 02/26/2007 3.20 120842 02/22/2007 -46.06 390.89 2108 02/28/2007 2,000.00 2,000.00 FOCS176279 02/26/2007 37.28 FOCS176036 02/15/2007 34.48 FOCS176079 02/16/2007 32.85 176344 02/28/2007 32.22 136.83 2/21-853299 02/21/2007 17,058.85 2/20-194097 02/20/2007 14,798.41 31,857.26 344 01/25/2007 132.00 132.00 2/20-0918 02/20/2007 1,000.85 2/20-9702 02/20/2007 674.34 2/20-4383 02/20/2007 610.63 2/20-6362 02/20/2007 501.05 2/20-6354 02/20/2007 280.00 2/20-6289 02/20/2007 275.92 2/20-6321 02/20/2007 275.00 2/20-6347 02/20/2007 207.76 2/20-6297 02/20/2007 114.71 2/20-6313 02/20/2007 81.66 2/20-6263 02/20/2007 80.00 2/20-9686 02/20/2007 53.81 2/20-7583 02/20/2007 36.07 2/20-6404 02/20/2007 28.38 4,220.18 REFUND 03/02/2007 685.96 685.96 Page: 11 apCkHist Check History Listing Page: 12 03/20/2007 8:16AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 130451 03/09/2007 005284 R & B MOBILE EQUIPMENT & 0645 02/16/2007 75.00 75.00 130452 03/09/2007 000523 R & T EMBROIDERY, INC 30528 02/16/2007 366.16 366.16 130453 03/09/2007 002825 RESERVE ACCOUNT ACCT#21328976 03/02/2007 1,200.00 1,200.00 130454 03/09/2007 002670 RICOH LEASING 07032631352 02/28/2007 163.04 163.04 130455 03/09/2007 003031 ROBERTSON SUPPLY 6545 02/21/2007 118.00 118.00 130456 03/09/2007 006025 MELISSA ROSA 030607 03/06/2007 55.00 55.00 130457 03/09/2007 006026 CITY OF SAN LEANDRO 030707 03/07/2007 40.00 40.00 130458 03/09/2007 003838 SILVAS OIL COMPANY, INC 802329 02/28/2007 22,960.13 22,960.13 130459 03/09/2007 000553 SLO COUNTY CLERK- 020107 02/01/2007 10,846.86 10,846.86 130460 03/09/2007 003517 SOCIETY OF AMER MILITARY 261424 01/31/2007 55.00 55.00 130461 03/09/2007 002904 TEMPLETON UNIFORMS 8461 03/05/2007 912.70 912.70 130462 03/09/2007 000638 THOMA ELECTRIC, INC 18755 03/08/2007 4,198.00 4,198.00 130463 03/09/2007 002370 TITAN INDUSTRIAL 1017750 02/16/2007 11.33 11.33 130464 03/09/2007 006029 TOPCO INC 3632 01/05/2007 53.63 53.63 130465 03/09/2007 005317 TRACE ANALYTICS, INC C07-1209 02/27/2007 136.50 136.50 130466 03/09/2007 006027 TRI-COUNTIES WRESTLING 030507 03/05/2007 60.00 60.00 130467 03/09/2007 000669 UNION ASPHALT, INC 267350 02/21/2007 240.01 240.01 130468 03/09/2007 005326 UNITED PORTFOLIO MGT INC 19501 02/23/2007 760.41 760.41 130469 03/09/2007 002137 VERIZON WIRELESS 2117102955 02/22/2007 104.73 104.73 130470 03/09/2007 000685 WALLACE GROUP A CALIF 22191 02/19/2007 5,109.69 22188 02/19/2007 2,385.23 22190 02/19/2007 141.25 7,636.17 130471 03/09/2007 004166 WELLS FARGO BANK 320155 03/17/2007 1,800.00 1,800.00 Page: 12 Check History --istin9 Check TO~1 CITY OF ARROYO GRAND ~--- Amount Paid `.~ 5 00 In~ -' 1.025.00 178.05 apCkHist $;16AM Invoice 0310512007 y$5, 8~ ClearN~„ °id 0312012007 51050 boa TO~I` e troa 285,178.05 8ankcod ' vendor pate WESTERN CITY hacks: ~ ~- 4560 Total C 130'172 0310912007 00 ' 153 checks 1n this report Paye:13 ATTACHMENT 2 DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 219/07 - 2/22/07 03102/07 FUND 010 413,476. 96 5101 Salaries Full time 191,292.01 FUND 220 18,569 92 5102 Salaries Part-Time - PPT 20,195.21 FUND 284 700. 26 5103 Salaries Part-Time - TPT 15,794.21 FUND 285 700. 33 5105 Salaries OverTime 12,781.42 FUND 612 6,741. 59 5107 Salaries Standby 412.71 FUND 640 19,192. 34 5108 Holiday Pay 38,778.88 459,381. 40 5109 Sick Pay 4,325.71 5110 Annual Leave Buyback 5111 Vacation Buyback 5112 Sick Leave Buyback 5113 Vacation Pay 6,150.98 5114 Comp Pay 1,304.20 5115 Annual Leave Pay 17,397.89 5121 PERS Retirement 75,020 39 5122 Social Security 22,088.13 5123 PARS Retirement 411.90 5126 State Disability Ins. 656.70 5127 Deferred Compensation 725.00 5131 Health Insurance 44,405.70 5132 Dentallnsurance 4,853.31 5133 Vision Insurance 1,120.01 5134 Life Insurance 575.06 5135 Long Term Disability (58.02) 5143 Uniform Allowance 5144 Car Allowance 875.00 5146 Council Expense 5147 Employee Assistance 5148 Boot Allowance. 5149 Motor Pay 75.00 5150 Bi-Lingual Pay 200.00 459, 381.40 8.b. MEMORANDUM TO: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: MARCH 27, 2007 RECOMMENDATION: Staff recommends that the Council receive and file the attached report listing the current investment deposits of the City of Arroyo Grande, as of February 28, 2007, as required by Government Code Section 53646 (b). DISCUSSION: This report represents the City's investments as of February 27, 2007. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of February 27, 2007, the investment portfolio was in compliance with all State laws and the City's investment policy. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staffs recommendation; • Do not approve staffs recommendation; • Provide direction to staff. Attachment: Portfolio Summary CITY OF .• ~ +y, • '(~~ CALIFO RNIA~~ ~:. ~~ ~ ~ t/rl CITY OF ARROYO GRANDE Portfolio Management Portfolio Summary February 28, 2007 Ciry of Arroyo Grande 214 E. Branch St. Arroyo Grande, CA 93430 Phone: (805)473-5400 ' Interest Investments Book Value Interest Rate Rate PY Date of Purchase Term Maturity Date % of Portfolio Loca/AgencylnvestmentFunds 9,584,044.82 5.18% 4.04% 83.56% Certicates of Deposit -Banks Redding Bank of Commerce Granite Community Bank Golden Security Bank State Bank of India Mission NB First Credit Bank Redding Bank of Commerce First Standard Bank Bank of Santa Clarita Metro United Bank 99,000.00 4.95% February 8, 2006 14 Mos. April 7, 2007 0.86% 500,000.00 5.20% April 23, 2006 365 April 23, 2007 4.36% 90,000.00 5.62% June 20, 2006 360 June 20, 2007 0.78% 200,000.00 5.64% December 8, 2006 213 July 8, 2007 1.74% 100,000.00 5.75% July 10, 2006 365 July 10, 2007 0.87% 99,000.00 5.70% July 26, 2006 365 July 25, 2007 0.86% 500,000.00 5.48% February 18, 2007 9 Mos. November 17, 2007 4.36% 99,000.00 5.46% December 2, 2006 365 December 2, 2007 0.86% 99,000.00 5.50% March 10, 2007 365 March 10, 2008 0.86% 99,000.00 5.85% September 12, 2006 730 September 12, 2008 0.86% Total Certificates of Deposit $ 1,885,000.00 Totallnvestments $ 11,469,044.82 16.44% 100.00% 8.c. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, MARCH 13, 2007 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL CALL: Mayor Ferrara called the meeting to order at 6:18 p.m. Council Member Joe Costello, Council Member Jim Guthrie, Council Member Chuck Fellows, Mayor Pro Tem Ed Arnold, City Manager Steven Adams, and City Attorney Timothy Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: APN: 007-192-029; Located at 228 Le Point Street, Arroyo Grande Agency Negotiator: Steven Adams, City Manager Negotiating Party: John Knopf and Peggy Carmichael Under Negotiation: Price, Terms and Conditions of Potential Purchase b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956:8: Property: APN: 007-501-012; Located at 513 Ide Street, Arroyo Grande Agency Negotiator: Steven Adams, City Manager Negotiating Party: Howard L. Wilks Under Negotiation: Price, Terms and Conditions of Potential Purchase c. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957: Title: Chief of Police 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 7:07 p.m. MINUTES OP CITY COUNCIL SPECIAL MEETING MARCH !7, 2006 PAGE 2 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, MARCH 13, 2007 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 7:08 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro Tem/Vice Chair Ed Arnold and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works Don Spagnolo, Assistant City Engineer Mike Linn, Director of Community Development Rob Strong, and Associate Planner Kelly Heffernon. 3. FLAG SALUTE Members representing the Boy Scout Troop 261ed the Flag Salute. 4. INVOCATION Pastor Robert Underwood, representing First United Methodist Church, delivered the invocation. 5. SPECIAL PRESENTATIONS S.a. Mayor's Commendation -Walt Cuzick, Information Technology Manager. Mayor Ferrara presented a Mayor's Commendation to Information Technology Manager Walt Cuzick in recognition of his membership in the City's Platinum Service Club for service above and beyond the call of duty. S.b: Honorary Proclamation -American Red Cross Month. Mayor Ferrara presented ah Honorary Proclamation recognizing March 2007 as "American Red Cross Month". Sally Wise, Health and Safety Director, representing the American Red Cross, accepted the Proclamation. 5.c. Presentation by San Luis Obispo County Flood Control & Water Conservation District Zone 3 -Interim Downstream Release Schedule. Mark Hutchison, Environmental Program Manager, County of San Luis Obispo, gave a PowerPoint presentation on the Interim Downstream Release Schedule, the purpose of which is to develop a plan for managing the downstream releases between now and final approval of Habitat Conservation Plan (HCP). He noted that the schedule was developed to meet contractual responsibilities with South County cities and water purveyors; to have no discernable impacts to steelhead; to continue to meet agricultural needs; and to generate additional data pertinent to getting the HCP approved. Following brief discussion, the Council received and filed the presentation. Minutes: City CounciURedevelopment Agency Meeting Tuesday, March 13, 2007 Page 2 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Tem Arnold seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. T. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received. Council Member Fellows requested that Item 8.b. be pulled for discussion. Action: Council Member Costello moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.b., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Costello, Guthrie, Fellows, Arnold, Ferrara NOES: None ABSENT: None ABSTAIN: Fellows (Item 8.d. only) 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period February 16, 2007 through February 28, 2007. 8.c. Consideration of Acceptance of Audited Annual Financial Report. Action: Receive and file the Audited Annual Financial Report for the fiscal year ended June 30, 2006. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency Meeting of February 27, 2007, and the Special (Closed Session) City Council Meeting of March 5, 2007, as submitted. 8.e. Consideration of an Agreement with RRM Design Group for the Design of the Village Green Improvement Project, PW 2007-05. Action: 1) Approved a consultant services agreement with RRM Design Group in the amount of $28,555.00 for the design of the Village Green Improvement Project, PW 2007- 05; and 2) Authorized the Mayor to sign the agreement with RRM Design Group; and 3) Appropriated $25,555 from the Park Improvement Fund. 8.f. Consideration to Accept the Sewer Lift Station No. 1 Upgrade Project, PW 2005-02. Action: 1) Accepted the project improvements, as constructed by MGE Underground, Inc., in accordance with the plans and specifications for the Sewer Lift Station No. 1 Upgrade Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention of $60,122.73, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. Minutes: City CounciURedevelopment Agency Meeting Tuesday, March 13, 2007 Page 3 S.g. Consideration to Accept Phase I of the Well No. 10 Project, PW 2004-07. Action: 1) Accepted the project improvements, as constructed by Floyd V. Wells, Inc., in accordance with the plans and specifications for the Phase I Well No. 10 Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention of $18,412.01 thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. 8.h. Consideration of Public Safety Equipment Sharing Agreement. Action: Approved the proposed Public Safety Equipment Sharing Agreement. 8.i. Consideration of Resolution Establishing an Automobile Allowance for the Director of Parks, Recreation, and Facilities Position. Action: Adopted Resolution No. 4000 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING AN AUTOMOBILE ALLOWANCE FOR THE DIRECTOR OF PARKS, RECREATION, AND FACILITIES POSITION". 8.b. Consideration of Adjustment to Increase the Mileage Reimbursement Rate for Employees and Volunteers. [COUNCIL/RDA] Recommended Action: Establish 48.5¢ per mile as the employee/volunteer mileage reimbursement rate for the 2007 calendar year. Council/Board Member Fellows stated he had spoken earlier with the Financial Services Director about the mileage reimbursement rate. He referred to the recent increase in the cost of gasoline and stated that the proposed 48.5¢ per mile might already be out of date. He acknowledged that the rate was provided by the Internal Revenue Service (IRS); however, he believed the proposed rate should be at least three cents higher. Director Kraetsch replied that historically, the City has used the IRS rate; however, there is an option to base the rate on actual costs. She recommended that the Council approve the rate as proposed so that it could be implemented, and she would research how other cities establish the rate. She noted that the IRS regularly adjusts the rate based on economic conditions. Council/Board Member Fellows moved to establish the IRS mileage reimbursement rate of 48.5¢ per mile as the employee/volunteer mileage reimbursement rate and to direct staff to research whether a higher rate could be established by the City based on a determination of actual costs. Mayor Pro Tem/Vice Chair Arnold seconded, and the motion passed on the following roll-call vote: AYES: Costello, Guthrie, Fellows, Arnold, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARING 9.a. Consideration of Development Code Amendment No. 06-004 to Change the Zoning of the Subject Property from Residential Rural (RR) to Single Family Residential (SF); Applicant -City of Arroyo Grande; Location - 12.77 Acres North of East Cherry Avenue Extension (Subarea 2 of the East Village Neighborhood Plan). Minutes: Clty CounclURedevelopmentRgency Meeting Page 4 Tuesday, March 13, 2007 Prior to presentation of the staff report, Associate Planner Heffemon informed the Council that correspondence had been received by the City with a request by a majority of the property owners within Subarea 2 to continue this item to a date uncertain. Specifically, she stated the property owners would like additional time to coordinate with all the affected property owners to review the issues more thoroughly. Mayor Ferrara opened the public hearing, and upon hearing no public commehts, he closed the public hearing. Action: Council Member Guthrie moved to continue consideration of the item to a date uncertain. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Fellows, Arnold, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS ITEMS 10.a. Consideration of Adoption of the Five-Year Radar Speed Survey for West Branch Street and East Grand Avenue. Assistant City Engineer Linn presented the staff report and recommended the Council adopt a Resolution certifying the five-year radar speed survey and establishing speed limits on West Branch Street and East Grand Avenue. Mayor Ferrara informed the Council that he and Council Member Guthrie had met with staff and representatives from SLOCOG and Caltrans to discuss circulation strategies and mitigation in the area of Brisco/Halcyon. He discussed the fact that in the meeting, they were told that hook ramps similar to the one at Camino Mercado could be a viable alternative. He suggested waiting until this alternative is identified and approved prior to implementing an increase of the speed limit on W. Branch Street. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Council discussion ensued regarding the length of time associated with approval of the proposed design alternative; associated costs for implementing a new speed limit, including gignage and pavement markings; implementing enforceable speed limits; and whether or not there is a traffic enforcement problem on W. Branch Street. Action: Council Member Costello moved to approve staffs recommendation to keep the speed limit at 35 mph on East Grand Avenue and to keep the speed limit at 40 mph on W. Branch from Rancho Parkway to Brisco Road; and that as an interim measure, the City maintain the speed limit at 40 mph on West Branch between Brisco Road and Vemon and direct staff to research with the Police Department to see if there is an enforcement or speeding problem at this location and ff there is, that the issue come back to Council to revisit the recommendation to increase the speed limit to Minutes: City CounciURedevelopment Agency Meeting Tuesday, March 13, 2007 Page 5 45 mph. Mayor Ferrara seconded, and the motion passed on the following roll-call vote: AYES: Costello, Ferrara, Fellows NOES: Guthrie, Arnold ABSENT: None 11. NEW BUSINESS ITEMS None. 12. CITY COUNCIL MEMBER ITEMS a. Request for Feedback Regarding Issues Under Review by Oceano Dunes Task Force (ARNOLD). Mayor Pro Tem Arnold stated he had attended two meetings as the City's representative on the Ocean Dunes Task Force and reported that County Supervisor Katcho Achadjian was looking for consensus on whether the 584 acre County owned property should be sold to the State in order to continue operating the off-road vehicle park. He noted that the membership of the Task Force comprises a diverse group and he felt it was going to be difficult to achieve consensus on the matter. Mayor Pro Tem Arnold sought feedback from the Council on whether the park is an important tourist attraction and if it is a valuable asset to our community. Extensive discussion followed, including comments that it is unknown whether there would be a future change in use of the property; that the park needs to be better managed overall as it relates to recreational vehicle enforcement issues; that there are minimal impacts to Arroyo Grande's economy; and significant negative impacts on Arroyo Grande Hospital due to injuries sustained at the park and a lack of insurance by park users to pay for hospital services. It was determined that not enough information was available to take a position on the sale of the property at this time; however, Mayor Pro Tem Arnold was encouraged to share the concerns expressed by the Council with the Task Force. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara referred to earlier comments regarding the meeting with Caltrans and SLOCOG representatives and expressed optimism for approval of a viable fix for the Brisco/Halcyon project. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 8:40 p.m. M)nutes: City CounciURedeve/opment Agency Meeting Tuesday, March 13, 2007 Tony Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, City Clerk/Agency Secretary Page 6 (Approved at CC Mtg 1 8.d. TO: CITY COUNCIL MEMORANDUM FROM: DOUG PERRIN, INTERIM DIRECTOR OF PARKS, RECREATION AND FACILITIES ~~ SUBJECT: CONSIDERATION OF ADOPTION OF ORDINANCE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE COMMUNITY TREE PROGRAM DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council adopt an Ordinance amending portions of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code, which include revisions to the Community Tree Program relating to the replacement of any regulated tree that dies. FUNDING: There is no fiscal impact. DISCUSSION: On February 27, 2007, the City Council introduced, without mddification, the attached Ordinance amending portions of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code relating to the Community Tree Program. The Ordinance includes provisions related to tree replacement in the event a regulated tree dies due to disease, accident or other circumstances. It is recommended the City Council adopt the Ordinance. ALTERNATIVES: 1. Adopt the Ordinance; 2. Modify and reintroduce the Ordinance; 3. Do not adopt the Ordinance; or 4. Provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE COMMUNITY TREE PROGRAM WHEREAS, it is in the best interest of the City, the public, and the environment to have a comprehensive communitytree program that promotes the preservation, the maintenance, and the regeneration of all trees; and WHEREAS, on February 14, 2007, the Parks and Recreation Commission reviewed and, considered the information presented and recommends approval of the proposed amendments to the Arroyo Grande Municipal Code relating to the community tree program. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: The above recitals and findings are true and correct. 2. 3. Arroyo Grande Municipal Code Section 12.16.070 is hereby amended as follows: 12.16.070. Tree removal in residential, mixed use or commercial zones. A. No person(s) shall allow or cause the removal of any regulated tree on property used or zoned multifamily residential, mixed use or commercial without first obtaining a tree removal permit from the director or tree coordinator. Furthermore, no coastal live oak trees (Quercus Agrifolia) greater than twelve (12) inches in diameter when measured four feet and six inches from the base located insingle-family residential zoned areas and any trees located in the public right-of-way in single-family residential zoned areas may be removed without first obtaining a tree removal permit. The permit is available at no charge. B. Tree removal in the above locations without a permit shall constitute a misdemeanor violation of this chapter, and in addition, removed trees shall be replaced through payment by person or persons causing such loss to the city. The amount of such payment shall be the replacement value of the tree as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree; and it shall be in addition to any criminal fine or penalty for municipal code violation. Arroyo Grande Municipal Code Section 12.16.020 (Definitions) is hereby amended to add the following definition as follows: ORDINANCE NO. PAGE 2 C. The intended decision of the director or tree coordinator for issuing or refusing a tree removal permit shall be based upon reasonable standards, including: 1. The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance; 2. The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property; 3. The topography of the land and the effect of the tree removal on erosion and water retention; 4. The number, species, size and location of existing trees in the area and the effect of the tree removal on scenic beauty, historic values, fire safety and the general welfare of the city; 5. Good forestry practices in general. ~E' Standards for the Pruning of Trees on Private Property. 1. The city council may adopt by resolution standards for the pruning of regulated trees on private property, with which all licensed tree companies doing business in the city shall comply. At a minimum all pruning shall comply with the standards established by the International Society of Arboriculture. 2. Failure to comply with these standards as determined by the city council shall constitute a misdemeanorviolation of this chapter and may result in the suspension of the tree company's business license, if applicable, as follows: First offense, suspension of the business license for a period not exceeding ninety (90) days, and for a second offense or any subsequent offenses, by suspension of the business license for a period not exceeding one year. €=F!' Topping Prohibited. Intent: to insure healthy, structurally stable, aesthetically pleasing trees and mitigate public liability. 1. Topping shall mean the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. It is unlawful to top or stub trees. 2. Utility line clearing shall be accomplished by the drop crotch method of pruning and shall include side branches. 3. All pruning of public trees shall be in accordance with current pruning specifications of the city parks division. €G Appeals. Appeals regarding denial of tree removal permits bythe director are to be submitted in writing to the park and recreation commission within fourteen (14) days of the director's decision. Actions of the parks and recreation commission are final unless appealed to the city council. 6Hf' Exceptions. A tree removal permit is not required for the following: ORDINANCE NO. PAGE 3 1. Trees in hazardous condition that represent an immediate danger to health or property as determined by the city; 2. Christmas tree lots; 3. Fruit trees; 4. Owners of firewood harvesting lots need not obtain a removal permit, if the species of trees harvested are eucalyptus or pines; 5. Trees that present an imminent fire safety hazard as determined in writing by the director of building and fire. 4. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. 5. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. 6. This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member ,seconded by Council Member ,and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2007. ORDINANCE NO. PAGE 4 TONYFERRARA,MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 8.e. MEMORANDUM TO: CITY COUNCIL '~ FROM: STEVEN ADAMS, CITY MANAGE SUBJECT: CONSIDERATION OF FUNDING REQUEST FOR THE AMERICA IN BLOOM PROGRAM DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council approve $500 for the America In Bloom program. FUNDING: The cost impact of this item will be $500. Staff has determined that it can be funded within the existing General Fund budget so no additional appropriation is necessary. DISCUSSION: The Village Improvement Association (VIA) recently initiated a local America In Bloom program, which has been identified as Arroyo Grande In Bloom. It involves efforts by the VIA, City and volunteer groups and individuals to beautify the community. Participants are also entered in a national competition, which provides an opportunity for increased community recognition and pride. The VIA is requesting the City provide $500 to match funding provided by the VIA to cover start-up costs for the effort. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve $500 for America In Bloom program; - Approve different amount for America In Bloom program; - Do not approve funding for the America In Bloom program; - Provide direction to staff. S:\P.dministration\CITY MANAGER\STEVE\Council Reports\America In Bloom 3.27.07.doc (zE` '.I`d ~'. 07 FitiF; -8 Fi 2= 0" Sponsored by the City of Arroyo Grande and the Arroyo Grande Village Improvement Association www.arroyograndeinbloom. org 805-710-4049 Mazch 8, 2007 Mr. Steve Adams City Manager, City of Arroyo Grande PO Box 550 Arroyo Grande, CA 93421 _ Deaz Steve: 0 0 "~ c Planting pnde In owwmmumnn! The VIA is very appreciative of the City's participation in co-sponsoring Arroyo Grande in Bloom. We have chairpersons for nine of the 11 positions needed to be filled on our planning committee. We are now at a stage where we aze in need of expending funds for printing, acquiring containers, soil and flowers for demonstration purposes and for incidental purposes. Only volunteers serve us and no person participating for Arroyo Grande in Bloom is or will be compensated in any financial form. The VIA is setting up a bank account with an initial contribution of $500.00 for Arroyo Grande in Bloom. I hereby request that the City of Arroyo Grande consider a matching donation of $500.00. Further funding requests will be made from businesses, social organizations and membership drives. Future plans include the formation of a sepazate non-profit corporafion for Arroyo Grande in Bloom so that we will have a permanent organization to benefit this community for many yeazs to come. Sincerely, ob Lund - Co-administrator 8.f. TO: CITY COUNCIL MEMORANDUM FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF AGREEMENT WITH BOB MURRAY & ASSOCIATES FOR POLICE CHIEF RECRUITMENT DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council authorize the City Manager to execute an agreement with Bob Murray & Associates to provide consultant services to coordinate the recruitment process for the position of Police Chief and appropriate $16,500. FUNDING: The total cost of the services will be up to $16,500. This expense was not budgeted. Therefore, it will need to be appropriated from the General Fund Unappropriated Fund Balance. DISCUSSION: Chief Aeilts recently announced that he will be filing for early retirement, effective June 2007, due to family issues that are necessary for him to attend to out of town. Due to the importance of this position and the technical expertise necessary in recruiting this specialized position, staff proposes contracting with an executive search firm to coordinate the recruitment process. In order to reduce the cost of the process, staff proposes to perform coordination of the interview and selection tasks in-house. This is consistent with the process utilized for the Director of Building & Fire position, which was successful and was significantly less expensive than the Police Chief recruitment in 2005. Since an RFP was recently issued for the Director of Building & Fire position, staff does not propose to solicit proposals again. Bob Murray & Associates was determined to be both the lowest cost and to best meet the needs of the City. They have agreed to offer the same proposed cost for the Police Chief recruitment with a minor cost reduction since much. of the work involved in creating the brochure can be used from the prior recruitment. S:\Administration\CITY MANAGER\STEVE\Council Reports\Police Chief Recruitment Agreement 3.13.07.doc CITY COUNCIL CONSIDERATION OF AGREEMENT WITH BOB MURRAY & ASSOCIATES FOR POLICE CHIEF RECRUITMENT MARCH 27, 2007 PAGE 2 Under the agreement, the consultant will interview key individuals, prepare a job description and announcement, coordinate advertising of the position, perform outreach to potential applicants, and provide applications to the City. Staff will then conduct interviews, reference checks and the final selection. In addition to consultant services, the cost includes advertising in a number of publications and printing of the job announcement. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Authorize the City Manager to execute an agreement with Bob Murray & Associates to provide consultant services to coordinate the recruitment process for the Police Chief position and approve an appropriation of $16,500; - Request the City Manager to negotiate modifications to the scope of work for the agreement; - Do not authorize the City Manager to execute the agreement and solicit proposals; - Direct staff to coordinate the entire process with in-house staff; - Provide direction to staff. S:\Administration\CITY MANAGER\STEVE\Council Reports\Police Chief Recruitment Agreement 3.13.07.doc AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is effective as of March 27, 2007, between Bob Murray & Associates ("Consultant"), and the CITY OF ARROYO GRANDE, a California Municipal Corporation ("City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on , 2007 and shall remain and continue until the search is completed, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described in Exhibit "A, attached hereto and incorporated herein by this reference. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION City's City Manager shall represent City in all matters pertaining to the administration of this Agreement. Bob Murray shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT a. The City agrees to pay Consultant for a total amount of $12,500 (thirteen thousand five hundred dollars) which shall reflect full compensation for Consultant's professional services described herein. b. Upon delivery of all receipts and invoices, City shall reimburse Consultant for travel, advertising, printing and binding, clerical, long distance charges, postage and delivery, civil, criminal and newspaper checks, and credit checks costs not to exceed $4,000 (four thousand five hundred dollars) except with the prior written consent of City. c. The City shall be billed monthly by Consultant for the work completed as of that date. Expenses actually incurred by Consultant shall be billed and due at the same time. Page 1 of 14 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 serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. 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 Consultant 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 Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE 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 Consultant's business; or (c) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement term specified in Section 1. 8. DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant 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 Consultant a written notice of the default. The Consultant 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 Consultant 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 law, in equity or under this Agreement. Page 2 of 14 9. LAWS TO BE OBSERVED. Consultant shall: (a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Consultant under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's performance under this Agreement, or the conduct of the services 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 laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall 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, maps, 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 Consultant. With respect to computer files, Consultant shall make available to the City, Page 3 of 14 at the Consultant's 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. 11. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant 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 attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant 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 costs 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 whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) General Indemnification Provisions. Consultant 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 Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant 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 way 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 Consultant and shall survive the termination of this agreement or this section. Page 4 of 14 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "B" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 14. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement. Page 5 of 14 16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (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 Attn: Steve Adams 214 E. Branch Street Arroyo Grande, CA 93420 To Consultant: Bob Murray Bob Murray & Associates 1677 Eureka Road, Ste. 202 Roseville, CA 95661 Page 6 of 14 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. TIME City and Consultant agree that time is of the essence in this Agreement. 22. The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 23. Amendments to this Agreement shall be in writino and shall be made only with the mutual written consent of all of the parties to this Agreement. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on Page 7 of 14 behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE By: Steven Adams, City Manager Attest: Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney Date: BOB MURRAY & ASSOCIATES By: Bob Murray Its: (Title) Date: Page 8 of 14 EXHIBIT A SCOPE OF WORK Consultant Agrees to perform certain services necessary for the completion of the search, which services shall include the following: A. Interview City Council Members, key management and department staff, and community members during aone-day period. B. Prepare and print job announcements. C. Coordinate advertisements in appropriate publications. D. Conduct outreach to encourage potential applicants to apply that the consultant may feel have desired skills, qualities and experience. E. Review applications with the City Manager. F. Provide additional consultation regarding final applicants. Page 9 of 14 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees fo amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available fo City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on astate-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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 self- 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 Page 10 of 14 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 Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 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 so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional Page 11 of 14 insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. Page 12 of 14 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term 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 Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to 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 orall-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 such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Page 13 of 14 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 14 of 14 8.g. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR'S, BY: JIM BERGMAN, ASSISTANT PLANNE~ SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT NO. 07-001 TO AUTHORIZE THE USE OF CITY PROPERTY AND TO CLOSE CITY STREETS FOR THE ANNUAL ARROYO VALLEY PEOPLE'S CHOICE CRUISE NIGHT ON JULY 27, 2007 AND CAR SHO ON JULY 28, 2007 DATE: June 13, 2006 RECOMMENDATION: It is recommended the City Council consider the request from the Arroyo Valley Car Club and adopt a Resolution authorizing the use of City property and the closure of City streets for the Annual Arroyo Valley People's Choice Car Cruise and Car Sho on July 27 and 28, 2007. FUNDING: The applicant shall deposit $1,500 to reimburse the City for estimated Public Works and Police Department expenses associated with traffic control for the Car Cruise portion of the event. Costs associated with the Car Sho have traditionally been waived. DISCUSSION: Background On January 19, 2007, the Arroyo Valley Car Club submitted an application for a Temporary Use Permit for the annual Arroyo Valley People's Choice Car Sho and Car Cruise scheduled for Friday and Saturday, July 27 and 28, 2007. For the second year, the Car Club is requesting to hold cruise night on East Grand Avenue between Courtland Street and Alder Street. The following areas are proposed to be used for the event: 1. Car Cruise -July 27~': Closure of E. Grand between Courtland Street and Alder Street between 6:00 P.M. and 8:00 P.M. 2. Car Sho -July 28~': Olohan Alley; Bridge Street between East Branch Street and Traffic Way; Nelson Street between Bridge and Mason Streets; Short Street between E. Branch and Nelson Streets; City Hall parking lot; CITY COUNCIL ARROYO VALLEY PEOPLE'S CHOICE CAR SHO AND CAR CRUISE MARCH 27, 2007 PAGE 2 and the lawns on Nelson Street between Short and Mason Streets from 6:00 A.M. to 5:00 P.M. 3. Car Sho Registration -July 28`h: Closure of Mason Street between E. Branch and Nelson Streets from 6:30 A.M. to 10:30 A.M. On February 7, 2007, the Staff Advisory Committee (SAC) discussed the requirements for the event. These items are addressed in the conditions of approval for the Temporary Use Permit (Exhibit "A"). A Temporary Use Permit authorizing street closures may only be issued upon the approval of the City Council. Cruise Night The Cruise Night proposes to close East Grand Avenue between Courtland Street and Alder Street. At this event, cars participating in the next day's Car Sho "cruise" a portion of East Grand Avenue in a loop pattern. The recommended detour route for through traffic on Grand Avenue would include: Eastbound traffic -South on S. Courtland Street to Ash Street; East on Ash Street to S. Elm Street; South on S. Elm Street to Fair Oaks; East on Fair Oaks to S. Halcyon; North on S. Halcyon; Westbound traffic- South on S. Halcyon to Farroll; West on Farroll to Oak Park; North on Oak Park. Advance warnings of "Road Closure Ahead" would be placed on East Grand Avenue at Halcyon Road and Oak Park Boulevard. Signs would also be placed at Juniper Street, Elm Street, Brisco Road, and Fair View Drive approaching East Grand Avenue. Last year's car cruise was well attended and feedback from local merchants appeared to be positive. This year's proposed car cruise includes the participation and support of the newly formed "East Grand Avenue Merchants" group. Added events hosted by the merchants may include group radio and print promotions, family oriented activities such as a movie screening and "sock hop" and service group BBO's aimed at attracting local residents to the event. City staff believes that the annual Car Sho has been a successful event in the Village area for many years and that the extension to involve East Grand Avenue by the car cruise is an opportunity to enhance the event to the benefit of residents, visitors and businesses. The primary positive impact of business promotion opportunity and entertainment for residents and visitors could be offset by the following negative impacts: traffic diversion through residential areas; inconvenience and delay to east- west through traffic between Arroyo Grande and Grover Beach; and difficultly of access to businesses cr residences on the closed segment of East Grand Avenue during the two hour period. To mitigate these potential negative impacts, Car Club representatives will allow delivery trucks and others who have a need for local access and any residents exiting to pass through the road closure where Cruise Night vehicles will be circulated in a loop pattern. Last year, the Car Club budgeted up to $3,000 for City Police and Public Works assistance, but actual costs were approximately $1,500. Therefore, this year staff CITY COUNCIL ARROYO VALLEY PEOPLE'S CHOICE CAR SHO AND CAR CRUISE MARCH 27, 2007 PAGE 3 recommends that the Club allocate $1,500 reimbursement for City assistance for the Cruise. Assuming that actual costs again do not exceed $1,500, staff will propose that the following year (FY 2007-2008) City RDA budget for this annual event cost due to the economic development benefits of the promotional event. Car Sho Due to the size and location of the event, the Police Department traditionally utilizes a foot-beat team comprised of two (2) police officers for security purposes. Since East Branch Street is not blocked off, police officers for intersection control are not necessary. While the event does not usually produce a large number of incidents, the police units are beneficial in handling potentially unruly situations and in keeping illegal alcohol consumption to a minimum. The City displays the DARE unit and other emergency vehicles during the event. Costs associated with the Car Sho have been waived in the past. This has been done on the basis that the Arroyo Valley Car Club is a community based non-profit organization, which places the majority of the funds it raises through the Car Sho back into the community through, donations to other non- profit organizations. Many of these donations go to youth-oriented groups. ALTERNATIVES: The following alternatives are presented for Council consideration: - Adopt the attached Resolution; - Modify and adopt the attached Resolution; - Do not adopt the attached Resolution; - Provide direction to staff. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 07- 001; AUTHORIZING THE CLOSURE OF CITY STREETS AND THE USE OF CITY PROPERTY FOR THE ARROYO VALLEY PEOPLE'S CHOICE CAR SHO AND CRUISE EVENT TO BE HELD FRIDAY, JULY 27 AND SATURDAY, JULY 28, 2007 WHEREAS, organizers of the Arroyo Valley People's Choice Car Sho have requested closure of certain City streets and the use of City property as outlined below, for its annual car show and cruise event to be held on July 27~' and 28~h, 2007; and WHEREAS, members of the Arroyo Valley Car Club will be responsible for traffic control and cleanup; and WHEREAS, the "cruise' event and car show are expected to benefit both the East Grand Avenue business corridor and Historic Village commercial area and provide both resident and visitor entertainment and attraction; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 07-001 as set forth below, subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference: 1. East Grand Avenue between Courtland Street and Alder Street shall be closed from 6:00 P.M. to 8:00 P.M. on Friday, July 27, 2007. The following detour route for through traffic on Grand Avenue shall be established: Eastbound traffic -South on S. Courtland Street to Ash Street; East on Ash Street to S. Elm Street; South on S. Elm Street to Fair Oaks; East on Fair Oaks to S. Halcyon; North on S. Halcyon; Westbound traffic -South on S. Halcyon to Farroll; West on Farroll to Oak Park; North on Oak Park. 2. That Olohan Alley; Bridge Street between E. Branch Street and Traffic Way; Nelson Street between Bridge and Mason Streets; Short Street between E. Branch and Nelson Streets; City Hall parking lot; and the lawns on Nelson Street between Short and Mason Streets shall be closed from 6:00 A.M. to 5:00 P.M. on Saturday, July 28, 2007 for the purpose of holding the car show. 3. That Mason Street between E. Branch and Nelson Streets shall be closed from 6:30 A.M. to 10:30 A.M. on Saturday, July 28, 2007 for the purpose of holding the car show registration; and RESOLUTION NO. PAGE 2 4. That the Arroyo Valley Car Club will adhere to certain requirements and conditions set forth by the Community Development, Public Works, Police, and Building and Fire Departments regarding security and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City as set forth in Exhibit "A"; and On motion of Council Member on the following roll call vote, to wit: seconded by Council Member ,and AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 27`h day of March, 2007. RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL ARROYO VALLEY PEOPLE'S CHOICE CAR SHO & CRUISE NIGHT TEMPORARY USE PERMIT 06-009 FRIDAY AND SATURDAY, JULY 27 AND 28, 2007 General Conditions The applicant shall ascertain and comply with all Federal, 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. 3. The applicant shall agree to defend at his/her sole expense 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, or employees, for any court costs and attorneys 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. Community Development Department Conditions 4. Notify affected merchants and property owners on the affected street closure segments prior to the events and informing the Arroyo Grande Village Association and the Chamber of Commerce of the car show and cruise night activities. Parks and Recreation Department Conditions 5. The event organizers shall flag-all sprinkler heads on turf and lawn areas to prevent damage. Applicant will be responsible for cost of broken sprinklers and labor associated with damage caused due to cars on turt area. 6. The event organizers shall coordinate the placement of waste containers by Monday, July 23, 2007, with the Parks Division and the Director of Parks, Recreation, and Facilities. 7. The event organizers shall submit a recycling plan, supervise all areas, and pick up litter, waste, and debris, and shall empty all City waste containers in dumpsters provided by the Car Club. RESOLUTION NO. PAGE 5 8. One week prior to the car show, event organizers shall inform the Parks and Recreation Department on number of trashcans that will be needed for the event. Police Department Conditions 9. The applicant shall deposit $1,500 prior to the events to reimburse estimated City Public Works and Police Department expenses for traffic control and related services associated with both the cruise night and car show events. Public Works Department Conditions 10. The event organizers shall be responsible for providing, setting up, and removing barricades for closures of City streets, alleys, parking lots, driveways and City facilities mentioned in the application. 11. Event organizers shall place all barricades and signs posting on-street parking restrictions and parking lot closures a minimum of 48 hours prior to the event. 12. Street closures shall be noticed in the Times-Press Recorder at least once during the week prior to July 27 and 28, 2007. 13. Event organizers shall coordinate with the Police, Public Works, and Fire Departments with regard to the closures of streets, alleys, parking lots, and the use of City property. 14. Event organizers shall clean all City streets and parking areas utilized at the conclusion of the event. Building and Fin: Department Conditions 15. Event organizers must comply with the Building and Fire Department guidelines. 16. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 17. The use of generators must be reviewed and approved by the Director of Building and Fire. 18. All fire lanes must be posted and enforced per Police and Fire Department guidelines. 19. All food booths must comply with the San Luis Obispo County and City Building and Fire Department guidelines. 20. The Building and Fire Department must inspect all food booths and generators prior to event opening. RESOLUTION NO. PAGE 6 1;21. Event organizers shall provide one handicapped accessible restroom. !'ADDITIONAL CONDITIONS 22. The event organizers shall provide a $1,000,000.00 commercial general liability insurance policy, subject to City Attorney approval, naming the City as additional insured. Soh. MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR ,~s BY: JIM BERGMAN, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF AUTHORIZATION TO USE CITY PROPERTY AND CLOSE CITY STREETS FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL ON MAY 26-27, 2007; TEMPORARY USE PERMIT NO.07-003 DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council consider the request from the Arroyo Grande Village Improvement Association and adopt a Resolution authorizing the use of City property and closure of City streets for the Annual Arroyo Grande Strawberry Festival on May 26-27, 2007. FUNDING: There is no direct funding impact as a result of this event. Event organizers are required to reimburse the City for the costs of police, fire, public works and other City services used to conduct this event. DISCUSSION: The Arroyo Grande Village Improvement Association has requested the following items for the Annual Arroyo Grande Strawberry Festival to be held on May 26-27, 2007: 1. The closure of Branch Street from Traffic Way to Mason Street from 6:00 am to 6:00 pm on Saturday, May 26, 2007 and Sunday, May 27, 2007. (This will require the Police Department to apply to CalTrans for street closure authorization). 2. The closure of Short Street from Branch Street to Olohan Alley from 5:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. 3. The closure of Bridge Street from Branch Street to the driveway at McLintock's parking lot from 6:00 am Saturday, May 26, 2007 to 6:00 pm Sunday, May 27, 2007. 4. The closure of Bridge Street from McLintock's driveway to Nelson Street from 6:00 am to 6:00 pm, Saturday, May 26, 2007 and Sunday, May 27, 2007. CITY COUNCIL STRAWBERRY FESTIVAL MARCH 27, 2007 PAGE 2 5. The closure of Bridge Street from Nelson Street to Traffic Way from 6:00 am Saturday, May 26, 2007 to 6:00 pm Sunday, May 27, 2007. 6. The closure of Nelson Street from Mason Street to Traffic Way from 6:00 am to 6:00 pm on Saturday, May 26, 2007 and Sunday, May 27, 2007. 7. The use of the parking lots along Olohan Alley from Mason Street to Bridge Street from 5:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. 8. The use of the Car Corral from 10:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. 9. The use of the parking area from the Car Corral to and including the Brisco parking lot from 10:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. 10. The use of the lawn on Nelson Street between Mason and Short Streets from 4:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. 11. The use of Hart-Collett Park between Bridge Street and Traffic Way from 6:00 am Saturday, May 26, 2007 to 6:00 pm Sunday, May 27, 2007. 12. The use of the five-acre-lot next to the Arroyo Grande Woman's Club on West Branch Street for shuttle bus parking on Saturday, May 26, 2007 and Sunday, May 27, 2007. Upon City Council authorization to use City property, the Community Development Department will issue a Temporary Use Permit for the event. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Adopt the attached Resolution; - Modify a~ appropriate and adopt the attached Resolution; - Do not adopt the attached Resolution; - Provide direction to staff. Attachments: Letter from the Arroyo Grande Village Improvement Association, dated February 12, 2007. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE ANNUAL STRAWBERRY FESTIVAL, MAY 26-27, 2007; TEMPORARY USE PERMIT NO. 07-003 WHEREAS, the Arroyo Grande Village Improvement Association (AGVIA), organizers of the Strawberry Festival, have requested closure of certain City streets and the use of City property as outlined below, for the purpose of craft exhibits, displays, food booths and entertainment, and similar activities; and WHEREAS, members of the AGVIA will be responsible for traffic control, cleanup, and payment of all related fees and costs for use of City property and City employee time related to the event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. That the Arroyo Grande Village Improvement Association is hereby granted the use of certain City streets and property as follows: Strawberry Festival -Saturday & Sunday, May 26 & 27, 2007 A. "No Parking/Tow Away Zone" in the folldwing areas in the City of Arroyo Grande for the period of 6:00 am to 6:00 pm, Saturday, May 26 and Sunday, May 27, 2007: both sides of Branch Street (Highway 227) from Traffic Way to Mason Street; Bridge Street from Branch Street to Traffic Way; Nelson Street from Traffic Way to Mason Street; Mason Street from Poole Street to Le Point Street; and Poole Street from Traffic Way to Mason Street. B. "No Parking/Tow Away Zone" for fire/emergency access in the following areas in the City of Arroyo Grande for the period of 6:00 am to 6:00 pm, Saturday, May 26 and Sunday, May 27, 2007: both sides of Nevada Street from Branch Street to Le Point Street; Le Point Street from Nevada Street easterly through the Tally Ho curve; Crown Terrace from Crown Hill Road to Le Point Street; and East Branch Street from Garden Street to Huasna Road. C. The closure of Branch Street from Traffic Way to Mason Street from 6:00 am to 6:00 pm on Saturday, May 26, 2007 and Sunday, May 27, 2007. (This will require flie Police Department to apply to Caltrans for street closure authorization). D. The closure of Short Street from Branch Street to Olohan Alley from 5:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. E. The closure of Bridge Street from Branch Street to the driveway at McLintock's parking lot from 6:00 am Saturday, May 26, 2007 to 6:00 pm Sunday, May 27, 2007. RESOLUTION NO. PAGE 2 F. The closure of Bridge Street from McLintock's driveway to Nelson Street from 6:00 am to 6:00 pm, Saturday, May 26, 2007 and Sunday, May 27, 2007. G. The closure of Bridge Street from Nelson Street to Traffic Way from 6:00 am Saturday, May 26, 2007 to 6:00 pm Sunday, May 27, 2007. H. The closure of Nelson Street from Mason Street to Traffic Way from 6:00 am to 6:00 pm on Saturday, May 26, 2007 and Sunday, May 27, 2007. I. The use of the parking lots along Olohan Alley from Mason Street to Bridge Street from 5:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. J. The use of the Car Corral from 10:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. K. The use of the parking area from the Car Corral to and including the Brisco parking lot from 10:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. L. The use of the lawn on Nelson Street between Mason and Short Streets from 4:00 pm Friday, May 25, 2007 to 6:00 pm Sunday, May 27, 2007. M. The use of Hart-Collett Park between Bridge Street and Traffic Way from 6:00 am Saturday, May 26, 2007 to 6:00 pm Sunday, May 27, 2007. N. The use of the five-acre lot next to the Arroyo Grande Woman's Club on West Branch Street for shuttle bus parking on Saturday, May 26, 2007 and Sunday, May 27, 2007 2. That the AGVIA will adhere to all requirements and conditions of approval as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 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 _cn day of March 2007. RESOLUTION NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 07-003 STRAWBERRY FESTIVAL (May 26-27, 2007) 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 office. 3. The event organizers shall comply with all the conditions of the City Council Resolution adopted on March 27, 2007. 4. The applicant shall agree to defend, indemnify and hold the City harmless, at his/her/its sole expense from any action brought against the City, its agents, officers, or employees because of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or 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. Parks, Recreation and Facilities Department Conditions 5. The event organizers shall notify the Parks and Recreation Department of the number and placement of waste containers prior to May 13, 2007. 6. AGVIA is responsible for providing trash bags and restroom supplies for the festival. Any supplies the Parks and Recreation Department may need to provide will need to be reimbursed by AGVIA. 7. The event organizers shall have an individual designated to periodically inspect the restrooms and areas around the food vendors and waste containers. That individual shall be responsible for maintaining the cleanliness of these areas and gathering and disposing of all debris. 8. The event organizers shall reimburse the City for electrical costs associated with special events. Specifically, costs for the outlets by the gazebo, Rotary Bandstand, Bridge St., Olohan Alley, and behind City Hall shall be reimbursed. 9. The event organizers shall reimburse the City for the costs of any Parks and Recreation City services required for this event, including, but not limited to, restroom maintenance, trash, etc. 10. The event organizers shall remove any tape placed on streets and parking areas after the event. Public Works Department Conditions 11. Restroom facilities, barricades, signing and detour routes shall be provided by the applicant as required. 12. The event organizers shall place an advertisement in the Five Cities Times-Press Recorderjust prior to the event to advise residents of street closures. RESOLUTION NO. PAGE 5 13. The event organizers shall provide a $1,000,000.00 insurance policy naming the City as additional insured. 14. The event organizers shall reimburse the City for the costs of Public Works services and any other City services required for this event. 15. The event organizers shall contact the Public Works Department 72 hours prior to the event to check on the status of street maintenance/construction activities. The Public Works Department may require the event organizers to provide temporary construction (orange plastic) fencing around areas designated as potentially hazardous. Building and Fire Department Conditions 16. All food booths (cooking) must comply with the Fire Department guidelines, and must have County Health Department approval. AGVIA will inform booth applicants of Fire Department guidelines, and will ensure total compliance of booth operators. AGVIA will not allow non-compliant booths to operate. 17. The project shall comply with the most recent edition of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of the N.E.C. must be met. 18. The Building and Fire Department must inspect all food booths, generators and temporary electrical service prior to the opening of the event. In lieu of requiring a building permit for temporary electrical service, AGVIA will collect a fee of $15 per every booth utilizing an electrical connection. This fee will be itemized by booth number and submitted to the Department of Building and Fire within 15 days of the end of the Festival. 19. Emergency access must be maintained to the satisfaction of the Director of the Building and Fire Department. A detailed chart or map will be provided to the Department of Building and Fire for approval prior to the event, showing placement of all booths, to include actual dimensions of access pathways for fire apparatus and emergency vehicles. 20. Per the approval of the Fire Chief, there will be ambulance service dedicated to the event. 21. The use of generators must be reviewed and approved by the Director of the Building and Fire Department. 22. All fire lanes must be posted and enforced in accordance with Police and Fire Department guidelines. Fire lanes and access must be approved by the Fire Chief. 23. The applicant shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. 24. Prior to opening the event, the fire access road shall be posted. The applicant shall provide continuous enforcement of the fire access road during the event. 25. AGVIA will coordinate with and be responsible for costs associated with San Luis Ambulance to provide standby personnel and equipment for Bike Medic and golf cart transport for entire duration of Festival. 26. AGVIA shall pay Department of Building and Fire costs for members and equipment assigned to the event. RESOLUTION NO. PAGE 6 Police Department Conditions 27. The event organizers shall pay Police Department costs for officers assigned to the event. 28. All temporary "No Parking" signs shall be posted a minimum of 24 hours prior to event setup (by 6:00 am, Friday, May 25, 2007). 29. A minimum of four (4) private "licensed" security personnel will be provided by AGVIA. AGVIA will present to the Arroyo Grande Police Department two (2) weeks prior to the event: a. The name of the security agency b. A schedule of security coverage c. Location and hours of security assignments Minimum required security is one (1) officer stationed at Nelson & Bridge Street, two (2) officers assigned to the Swinging Bridge, and one (1) officer for patrol throughout the evening hours on Saturday, May 26, 2007. 30. Failure to provide private licensed security will result in AGPD Officers being assigned with expenses billed to the AGVIA. Special Conditions 31. Notification of all streets subject to closure must be posted a minimum of 24 hours prior to closure, stating the dates and times of closures. 32. The AGVIA shall distribute State Board of Equalization forms to all vendors to report the sales tax collected during the Festival, and shall notify them that a list of vendors will be supplied to the City to verify payment of sales tax. 33. The AGVIA shall provide to the City's Financial Services Department a list of all vendors participating in the festival. The list will be used to verify that sales tax was collected and reported as earned in Arroyo Grande. 'n'om ''II,,II ATTACHMENT 1 ~99~~~ --- °_ Of AR OYO GRANDE ® ® ~~ A Arroyo Grande Village Improvement Association P.O. Box 1526 • Arroyo Grande, CA 93421 Phone: (805)473-2250 Fax:(805)473-0345 February 12, 2007 Steve Adams, City Manager City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93421 Deaz Steve: I am submitting the items below for departmental review. Please send me the necessary forms to apply for the use permits and have the meetings scheduled that are necessary with the involved departments. Arroyo Grande Strawberry Festival - Saturdav and Sunday. May 26 & 27, 2007 Item #1 will require a resolution from the City Council. Also, the Police Department will have to apply to Cal Trans for authorization. The closure of Branch St. from Traffic Way to Mason St. from 6 am to 6 pm on Saturday, May 26 and Sunday, May 27. 2. The closure of Short St. from Branch St. to Olohan Alley from 5 pm Friday, May 25, to 6 pm, Sunday, May 27. 3. The closure of Bridge St. from Branch St. to the driveway at McLintock's parking lot from 6 am on Saturday, May 26 until 6 pm on Sunday, May 27. 4. The closure of Bridge St. from McLintock's driveway to Nelson St. from 6 am to 6 pm, Saturday and Sunday, May 26 and 27. 5. The closure of Bridge St. from Nelson St. to Traffic Way from 6 am Saturday, May 26 to 6 pm on Sunday, May 27. 6. The closure of Nelson St. from Mason St. to Traffic Way on Saturday and Sunday, May 26 and 27, from 6 am to 6 pm. 7. The use of the pazking lots along Olohan Alley from Mason St. to Bridge St. from 5 pm Friday, May 25 through 6 pm Sunday, May 27. 8. The use of the Car Corra' from 10 pm Friday, May 25 to 6 pm, Sunday May 27. 9. The use of the parking area from the Car Corral to and including the Brisco parking lot from 10 pm Friday, May 25 to 6 F=n Sunday, May 27 10. The use of the lawns between Short St. and Mason St. on Nelson St. from 4 pm Friday, May 25 until 6 pm Sunday, May 27. 11. The use of the Collette Park between Bridge St. and Traffic Way from 6 am Saturday, May 26 to 6 pm on Sunday, May 27. 12. The use of the five-acre lot next to the Woman's Club on West Branch St. for shuttle bus pazking on Saturday, May 26 and Sunday, May 27 13. The use of the dirt lot off of LePoint St. behind Branch St. Deli from 10 pm Friday, May 25th to 9 pm Sunday, May 27. The Arroyo Grande Village Improvement Association will provide the proper insurance policy to the City by May 1, as our current policy is good through then. The A.G V.I.A. will compensate the City for any extra expenses incurred as agreed upon. The A.G V.I.A. will provide private police for all azeas that need monitoring. The A.GVI.A. will abide by all rules and regulations that will be discussed and agreed upon. The A.CzV.I.A. will provide all barricades and signs, an arrow board, as we have done in the past. The A.G.V.I.A. will provide all "No Parking" delineators and the proper "No Pazking" signs. The A.GVI.A. will install all delineators with "tow away, no pazking" signs, as we have done in the past. They will be installed on Thursday, May 24 on all streets as outlined by the Police Dept. on Branch St., Bridge St., Nelson St. between Traffic Way and Mason St.; Mason St. from LePoint St. to Poole St.; Poole St. from Mason St. to Traffic Way; Nevada St.; a portion of LePoint St. as outlined by the Police Dept.; Crown Terrace between LePoint St. and Crown Hill; a portion of Highway 227 as outlined by the Police Department; the corner of Allen St. and Mason St., two pazking spaces in from the corner in all directions. Short St. from the Swinging Bridge to Nelson St. Also, the off ramp exit to North HWY. 101 from Branch Street should have four delineators. We will also install delineators in all parking areas we have authority to use. The A.GV.I.A. will maintain a private patrol to replace delineators that are stolen, misplaced, or vandalized. The A.GVI.A. will provide Swinging Bridge security as needed. The A.GVI.A. will provide and place all barricades. Thank you for your consideration. I would appreciate a response as soon as possible. Sincerely, Bob Lund, Executive Director Arroyo Grande Village Improvement Association 8.i. MEMORANDUM TO: CITY COUNCIL FROM: TONY AEILTS, CHIEF OF POLICE C./'~ BY: CRAIG HENDRICKS, POLICE COMMANDER~I/ SUBJECT: CONSIDERATION OF APPROVAL OF AGREEMENT FOR CONTRACTOR SERVICES REGARDING TOW SERVICES DATE: MARCH 27, 2007 RECOMMENDATION: Staff recommends the City Council approve the Agreement for Contractor Services regarding tow services with College Towing, Inc., dba College Towing South, 94 Atlantic City Avenue, Grover Beach, for two (2) years, beginning March 28, 2007 through March 27, 2009. FUNDING: There is no fiscal impact. Fees are the responsibility of the party whose vehicle is towed. The City is under no obligation to compensate the towing vendor. DISCUSSION: The City has historically awarded an Agreement for Contractor Services to a local tow company for a two (2) year period (see Attachment "A"). The purpose of the agreement is two fold. First, the agreement sets forth the procedures and responsibilities for the tow company when responding to Police Department requests for towing and related services. Second, the agreement establishes uniform fees for the towing and storage of vehicles conducted by a tow company at the direction of the Police Department. This protects those persons who have their vehicles towed under Police Department direction from incurring unreasonably high and/or inconsistent towing and storage charges. The previous agreement was terminated on March 13, 2007 at the request of the towing contractor and in accordance with the terms of the agreement. A sixty (60) day interim agreement was reached with College Towing beginning March 14, 2007 and will expire on May 12, 2007. The Police Department requested new bids for the Agreement for Contractor Services regarding tow services from the two (2) other firms in the South County which are approved by the California Highway Patrol (see Attachment "B" -List of Potential Bidders). cITY couNCIL CONSIDERATION OF APPROVAL OF AGREEMENT FOR CONTRACTOR SERVICES REGARDING TOW SERVICES MARCH 27, 2007 PAGE 2 Both Central Coast Towing, 2160 Nipomo Street, Oceano and College Towing South, 94 Atlantic City Avenue, Grover Beach responded with a bid. Upon comparing the bids, College Towing had the lowest bid in 22 of the 25 categories and was the same as Central Coast Towing in one of the two remaining categories. (See Attachment "C" -Bid Summary). College Towing Inc., has experience as the City's towing contractor from October, 2001 through October, 2005. Given the comparison of the bids, it is recommended that College Towing, Inc. receive the new Agreement for Contractor Services, and that the agreement be for the two (2) year period beginning March 28, 2007 and ending March 27, 2009. ALTERNATIVES: The following alternatives are provided for the Council's consideration: -Approve staffs recommendation; or - Do not approve staffs recommendation and provide further direction to staff. Attachments: Attachment "A" -Agreement for Contractor Services Attachment "B" -List of Potential Bidders Attachment "C" -Bid Summary ATTACHMENT "A" AGREEMENT FOR CONTRACTOR SERVICES THIS AGREEMENT, is made and effective as of 2007, between TOW SERVICE PROVIDER ("CONTRACTOR"), a California Corporation 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. TERM This Agreement shall commence on 2007 and shall remain and continue in effect until , 2009, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES CONTRACTOR shall satisfactorily perform all services as described in the CITY's Tow Service Provider Policy attached hereto as Exhibit "A" and incorporated herein. 3. CONTRACTOR shall at all times faithfully, competently and to the best of his/her/its 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. CITY MANAGEMENT CITY'S Chief of Police or his designee shall be the contract manager and represent CITY in all matters pertaining to the administration of this Agreement. 5. PAYMENT Any and all compensation due to CONTRACTOR for services herein described shall be the sole responsibility of the owner/operator of the vehicle towed. The CITY shall not have any duty or responsibility to compensate CONTRACTOR for such services, unless those services are specifically ordered by a department supervisor to be billed to the CITY. 6. TERMINATION OF AGREEMENT a. TERMINATION ON NOTICE. Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement, at any time, without cause by giving at least thirty (30) days prior written notice to CONTRACTOR. b. TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of CONTRACTOR'S business; (3) End of the Agreement to which CONTRACTOR'S services were necessary: or (4) Assignment of this Agreement by CONTRACTOR without the consent of CITY. c. TERMINATION BY ANY PARTY FOR DEFAULT: Should any party default in the performance of this Agreement or materially breach any of its provisions, a non-breaching party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the breaching party. d. TERMINATION: This Agreement shall terminate upon completion of services unless extended as set forth in this section. CITY, with the agreement of Consultant, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing, signed by the parties and be an amendment to this Agreement 7. LAWS 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; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, 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 laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. 8. OWNERSHIP OF DOCUMENTS 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 books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts therefrom as necessary; and shall 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. 9. INDEMNIFICATION. (a) Indemnification for Professional Liabilitv. 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 attorney's 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 Liabilitv. Other than in the performance of professional services and to the full extent permitted by law, 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 costs 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 whole 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. (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 way 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. 10. INSURANCE CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "B" attached to and made a part of this Agreement. 11. 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 of its officers, employees, or agents shall have control over the conduct of 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 power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONTRACTOR in connection with performance of this Agreement. CITY shall not pay fees, salaries, wages, or any 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. 12. UNDUE INFLUENCE CONTRACTOR declares and warrants that no undue influence or pressure is used against or in concert with any officer, employee or agent 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 officer or employee of the CITY of Arroyo Grande will receive compensation, directly or 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 entitling the CITY to any and all remedies at law or in equity. 13. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to this Agreement during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be pertormed in connection with the work pertormed under this Agreement. 14. RELEASE OF INFORMATION/CONFLICTS 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 Manager or unless requested by the CITY Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONTRACTOR gives CITY notice of such court order or subpoena. (b) CONTRACTOR shall promptly notify CITY should CONTRACTOR, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the CITY. CITY retains the right, but has no obligation, to represent CONTRACTOR and/or be present at any deposition, hearing, or similar proceeding. CONTRACTOR agrees to cooperate fully with CITY and to provide the opportunity to review 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 rewrite said response. 15. 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: Arroyo Grande Police Department Attn: Chief of Police 200 North Halcyon Road Arroyo Grande, CA 93420 To Contractor: College Towing South 94 Atlantic City Ave. Grover Beach, CA 93433 16. ASSIGNMENT The CONTRACTOR shall not assign this Agreement, nor any part thereof, without prior written consent of the CITY. 17. LICENSES At all times during the term of this Agreement, CONTRACTOR shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The CITY and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the San Luis Obispo County Superior Court. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. TIME CITY and CONTRACTOR agree that time is of the essence in this Agreement. 21. REQUEST FOR PROPOSAL CONTRACTOR is bound by the contents and fees set forth in the Request for Proposal, attached hereto as Exhibit "C" and incorporated herein by this reference. 22. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define'or limit the provisions to which they relate. 23. AMENDMENTS Amendments to this Agreement shall be 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF ARROYO GRANDE CONTRACTOR TONY FERRARA, Mayor Its: ATTEST: KELLY WETMORE, Director of Administrative Services/ City Clerk APPROVED AS TO FORM: Date: TIMOTHY J. CARMEL, City Attorney EXHIBIT A ARROYO GRANDE POLICE DEPARTMENT TOW SERVICE PROVIDER POLICY The following rules shall apply to tow service providers under contract with the City of Arroyo Grande who are summoned for services by the Arroyo Grande Police Department in accordance with the Department's tow service policy. 1. CONTRACTORS shall be available for prompt response within the incorporated area of the City of Arroyo Grande and within a reasonable distance of those limits on a twenty-four hour, seven day per week basis. Services originating as a result of a call from the Arroyo Grande Police Department shall not be subcontracted to another tow service provider or to any other person or business at any time of the day or night. 2. CONTRACTORS shall be capable of responding with a minimum of two tow service vehicles within the defined area within no more than twenty (20) minutes. If the CONTRACTOR is unable to respond as required, the Police Dispatcher shall be so advised 'so that another tow service provider may be summoned. The tow service shall maintain a telephone staffed 24 hours/day 7 days/week and shall provide an alternate number for a pager or cellular phone also attended 24 hours/day 7 days/week. 3. CONTRACTORS shall be solely responsible for the safekeeping of all vehicles towed, and for any personal property within the towed vehicle. In keeping with this responsibility, CONTRACTORS shall provide secured areas in which towed vehicles may be safely stored in an area with proper government use permits and/or licenses, until ready for release to authorized persons. No vehicle will be stored in "inside storage" without prior approval of the Arroyo Grande Police Department Watch Commander. 4. All tow service and storage fees imposed as a result of a request from the Arroyo Grande Police Department shall be as scheduled below. Under no circumstances shall any person or entity be charged an amount greater than as established by this agreement. 5. CONTRACTORS shall maintain records of tow services furnished, including accurate descriptions of towed vehicles (i.e. vehicle license number, Arroyo Grande Police Department case number, etc.), nature of service, and time and location of calls. Those records shall be available for inspection upon the request of any duly authorized representative of the Arroyo Grande Police Department. 6. All tow service vehicles and all tow vehicle operators shall meet all legal requirements in respect to proper licensing, mechanical equipment, emergency lighting, etc. 7. CONTRACTORS shall comply with Vehicle Code Section 10652 requiring the reporting of vehicles stored for a period of thirty days or more. The Arroyo Grande Police Department shall be supplied with a copy of the report required under Section 10652 of the Vehicle Code. 8. CONTRACTORS shall furnish the necessary personnel and equipment to pick up, tow away and lawfully dispose of all motor vehicles abandoned in the CITY, irrespective of value, as designated by the Arroyo Grande Police Department. 9. It is understood and agreed that the CITY shall incur no charges or expenses for any abandoned motor vehicles picked up and hauled away by the CONTRACTOR at the request of the Arroyo Grande Police Department. 10. CONTRACTORS shall comply with all applicable statutes of the State of California, ordinances of the County of San Luis Obispo and the City of Arroyo Grande, including but not limited to those provisions set forth in the State Motor Vehicle and Labor Codes. 11. CONTRACTORS shall be able to store any vehicle towed per CVC Sections 14602.6 (30 day impound) or 14607.6 (vehicle forfeiture). 12. CONTRACTORS shall comply with the requirements of CVC Section 14607.6 and CITY in the advertising, auction, and transfer of any vehicle declared forfeited by the Court. The Arroyo Grande Police Department's requirements include, but are not limited to: local advertising, establishing a minimum value of the vehicle, minimum viewing time by those interested, auction of vehicle and accepting of sealed bids if value of vehicle is over $1,000.00 13. CONTRACTORS shall refrain from any act deemed by the Arroyo Grande Police Department to be in violation of CVC Section 10854, dealing with the driving of or removing parts from vehicles stored at the direction of any member of the Arroyo Grande Police Department with the CONTRACTOR. 14. Forfeited vehicles are to be advertised with a bid opening within ten (10) days of the date the CONTRACTOR is notified by the CITY to proceed with the forfeiture sale pursuant to the court order authorizing such sale. In the event that a forfeited vehicle is not advertised within said ten (10) days, the CONTRACTOR shall provide written explanation to the CITY for the causes of such delay and a date that the subject vehicle is to be advertised. Absent good cause, and at the absolute and reasonable discretion of the CITY, the CONTRACTOR shall not be allowed to claim or collect any impound/ storage fees from the sale of any forfeited vehicle for more than the ten (10) days after the notification to proceed with the forfeiture sale. 15. While the CITY does not want to interfere with the CONTRACTOR's collection of fees for liens pursuant to Vehicle Code 22851.12, CONTRACTOR shall provide proof to the City of the preparation and mailing dates of liens whenever imposing fees pursuant to Vehicle Code 22851.12 within seven calendar (7) days after the date of initial storage. This proof will be made available to the CITY along with a copy of the invoice for fees collected from the person redeeming the vehicle and in all cases, the CITY shall be notified within ten (10) days of the collection of such fees. Such notification need not be made for any fees assessed pursuant to Vehicle Code 22851.12 after seven (7) days of storage, but must be retained along with the invoice and will be available for audit by the CITY pursuant to section 8 of the Agreement. ': 16. Pursuant to Exhibit "C", fees for "standby time" are provided for at the per hour rate established with the minimum fee as established. The hourly rate shall be converted to a per minute rate. When standby time is chargeable, the minimum fee will be charged up to such time as the per minute rate exceeds the minimum. For greater delays, the rate per minute will apply. The intention of this provision ' is to compensate the towing contractor for lost time when the tow truck driver is delayed at the scene by the officer or vehicle owner and is unable to complete the tasks required for the removal of the vehicle without delay. This does not mean that all tasks must be ready upon the arrival of the tow driver, but rather, standby time would be appropriate only when the tow driver is unable to be productively occupied at the scene due to delays caused by the officer or vehicle owner. Examples include when the tow driver must wait for the officer to complete a search of the vehicle, for the vehicle driver to remove personal belongings from the vehicle to be towed, or when the tow driver has the vehicle attached to the tow truck and is ready to leave the scene, but must wait for the officer to complete the storage form. When charges for "standby time" are assessed by the Contractor, the actual times of the delay shall be recorded by the tow driver on the invoice for the service, and in all cases, the times and reason for the delay will be recorded on the CHP 180 form by the officer authorizing the towing and storage. 17. "Winching" fees are authorized at the established minimum rate per hour. "Winching" does not apply to the mere use of the winch on a tow truck to lift the vehicle being towed or to load the vehicle upon a flatbed type tow truck. Winching fees shall apply when a winch is needed and used by a tow service to recover a vehicle that has left the roadway, such as in a ditch or when stuck. 18. Pursuant to Exhibit "C", the towing of vehicles up to three (3) miles is at the flat rate. One-way mileage in excess of three (3) miles from the scene of the tow to the storage yard or other destination may be charged at the established rate per mile maximum. Mileage in excess of the three (3) miles included in the flat rate will be noted on the invoice for services by the driver at the actual time of the tow by recording the beginning and ending odometer reading. The established rate per mile for tows over 3 miles is: $6.00. 19. Prior to the sale of an unclaimed vehicle (towed or stored under the agreement) pursuant to a lawfully executed lien, the Contractor will obtain a vehicle release by providing a copy of the lien to the City along with a copy of the invoice for charges. Vehicle release fees for vehicles to be sold pursuant to a lien will be paid to the City at the lowest rate in the fee schedule, currently $26, and may be included in the lien. Collection of these fees will be waived in the case of vehicles sold for junk value (an amount less than the charges for towing and storage as provided by the agreement). 20. A fully executed copy of a "Bill of Sale" completed by the Contractor shall be provided to the City within seven (7) days of delivery to the buyer of each vehicle under this Agreement sold by the Contractor, whether due to a lien, forteiture, or junk slip. 21. Within seven (7) days of the end of each month, the Contractor shall provide the Police Department a list of vehicles held in storage under this Agreement, and the status of each, i.e., 30 day impound, lien sale pending, forfeiture pending, etc., and the anticipated date of release or sale. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of this Agreement, 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: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence, $2,000,000 aggregate. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, 'but in no event to be less than $1,000,000 per accident. If CONTRACTOR or CONTRACTOR'S employees will use personal autos in any way, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on astate-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. 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 self- 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 others 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 $2,000,000 per occurrence, $5,000,000 aggregate. Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by CONTRACTOR. CONTRACTOR and CITY agree to the following with respect to insurance provided by CONTRACTOR: 1. CONTRACTOR agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds CITY, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. CONTRACTOR also agrees to require all CONTRACTORS, and subcontractors to do likewise. 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 loss. 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 other 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 so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any CONTRACTOR or subcontractor. 6. All 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 charged to and promptly paid by CONTRACTOR. 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" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required 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. 10.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 subcontractors 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 allow any CONTRACTOR, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to CITY. If CONTRACTOR'S existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the CITY. At the time the CITY shall review options with the 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 Agreement will be deemed to have been executed immediately upon any party hereto taking 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 face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until CITY executes a written statement to that effect. 16. CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term 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 the renewing or new coverage must be provided to CITY within five 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 orall-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 such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.CONTRACTOR agrees to be responsible for ensuring that no contract used by any party 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 notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. EXHIBIT C ARROYO GRANDE POLICE DEPARTMENT REQUEST FOR PROPOSAL ~e ~T e, e~o~r., SoJfi~, I represent the firm of: y Address: t c. ~_ C Telephone: Sys .r ~~ l "' S ~ Q® I am the licensed operator of the above tow service and my business is located within five (5) miles of the City of Arroyo Grande. I am interested in entering into a contract with the City of Arroyo Grande for towing and storage of vehicles for the period of October 27, 2005 to October 26, 2007. My fees for performing these services are as follows: 1. Vehicle hook up & tow, up to 3 miles -Days 2. Vehicle hook up & tow, up to 3 miles -Nights 3. 4 x 4 truck hook up & tow, ttp to 3 miles -Days 4. 4 x 4 truck hook up & tow, up to 3 miles -Nights 5. Truck towing, l ton or more, up to 3 miles -Days 6. Truck towing, 1 ton or more, up to 3 miles -Nights 7. Hook up & dolly towing per mile -Days 8. Hook up & dolly towing per mile -Nights 9. Motorcycle hook up & tow, up to 3 miles -Days 10. Motorcycle hook up & tow, uptto 3 miles -Nights 11. Winching minimum charge ~~, ~© per hour 12. Up righting overturned vehicle 2~7.DO Za.~~ 2D, o© 2,,©. as ~o.ao ~`~ NLL ~~. 2..Qs ZJC7 tgrao 13. Moving vehicle to towing position 14. Clean up accident scene -Minimum 15. Clean up accident scene -Maximum 16. Standby time per hour -Minimum 17. Standby time per hour -Maximum 18. Storage outside per day 14. Storage far vehicles towed per Vehicle Code Section 14602.6 (30 day impound) 20. Storage for vehicles towed per Vehicle Code Section 14607.6 (forfeiture) 21. Storage inside per day 22. Drive shaft removal 23. Unlock vehicles -Days 24. Unlock vehicles -Nights 25. Opening fee (after hours) N ~L ~~j, DE? Z~j , Ob Di .oo 2..~. U~ ~ .Oa 6U ^~ . ~~ '~,oD ~O.OD '2.p, a© 2.5. DD 3o.pa If accepted by 4he City, I hereby agree to abide by the rules and regulations relative to the pperation of tow trucks and maintenance of storage facilities used to store the vehicles. Submitted bye `~~t,C~,~---- Representing Colle_ge'i'owfng a divisionof College Towing, Inc. Date ~Q••~ti7-~ p0 Box 1 560 San Luis Obispo, CA 93406 Couvj'gsY ~n~iny ~~~ SePuice CglJs o~ 4ll C:}Y D..~He~ 1~e:6;~.Jey U~>oN 1 orJ --- ~D G~f~+~9Ps G~rfenl' lLa'h~~ 3-1Z-off . Attachment "B" CHP San Luis Obispo Area Approved Towing Services ACTION_TOWING COMPANY 350 ELKS LANE SAN LUIS OBISPO, CA 93401 COLLEGE TOWING COMPANY 1701 MONTEREY STREET SAN LUIS OBISPO, CA 83401 C&D TOWING COMPANY 345 BECKETT PLACE PASO ROBLES, CA 93446 CENTRAL COAST TOWING COMPANY 2160 NIPOMO STREET OCEANO, CA 93445 CHUCK'S TOWING COMPANY 843 QUINTANA ROAD MORRO BAY, CA 93442 COLLEGE TOWING SOUTH 94 ATLANTIC CITY AVENUE GROVER BEACH, CA 93433 JOHNBOY'S TOWING COMPANY 2121 NIPOMO STREET OCEANO, CA 93445 ~~,~ CTvr~ET MARTIN'S TOWING COMPANY PO BOX 3521 SAN LUIS OBISPO, CA 93403 SLO TOWING COMPANY 34 SOUTH STREET SAN LUIS OBISPO, CA 93401 Attachment "C" ARROYO GRANDE POLICE DEPARTMENT BID SUMMARY FOR 2007-2009 TOW SERVICE AGREEMENT Bid Item College Central Coast 1 Vehicle hook u & tow, u to 3 miles - Da s 20.00 35.00 2 Vehicle hook u & tow, u to 3 miles - Ni hts 20.00 35.00 3 4 x 4 truck hook u & tow -Days 20.00 40.00 4 4 x 4 truck hook u & tow -Nights 20.00 40.00 5 Truck towing, 1 ton, 3 miles -Days 40.00 50.00 6 Truck towin , 1 ton, 3 miles - Ni hts 40.00 55.00 7 Hook u & doll towin er mile - Da s N/C 10.00 8 Hook u & doll towin er mile - Ni hts N/C 15.00 9 Motorc cle hook u & tow, 3 miles, Da s 20.00 35.00 10 Motorc cle hook up & tow, 3 miles - Ni hts 20.00 40.00 11 Winching minimum chaz e er hour 10.00 30.00 12 U ri htin overturned vehicle 18.00 30.00 13 Movin vehicle to towin osition N/C 10.00 14 Clean u accident scene -Minimum 15.00 30.00 15 Clean u accident scene -Maximum 25.00 60.00 16 Standb time er hour -Minimum 10.00 15.00 17 Standb time er hour -Maximum 20.00 60.00 18 Stora e outside er da 18.00 15.00 19 Stora e for vehicles towed er VC 14602.6 18.00 15.00 20 Stora e for vehicles towed er VC 14607.6 7.50 15.00 21 Stora a inside er da 20.00 20.00 22 Drive shaft removal 10.00 30.00 23 Unlock vehicles - Da s 20.00 35.00 24 Unlock vehicles - Ni hts 25.00 40.00 25 O enin fee (after hours) 30.00 60.00 8.j. MEMORANDUM TO: CITY COUNCIL ~,(~ FROM: MICHAEL HUBERT, DIRECTOR OF BUILDING AND FIRE ~~"" SUBJECT: CONSIDERATION OF AUTHORIZATION TO ACCEPT THE 2006 DEPARTMENT OF HOMELAND SECURITY ASSISTANCE T_O FIREFIGHTERS GRANT AND PROVIDE MATCHING FUNDS DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended that the City Council accept the 2006 Department of Homeland Security Assistance to Firefighters Grant and provide matching funds. FUNDING: The fiscal impact of the proposed expenditure after grant funds accepted and received is $7,895 in matching funds for the Department of Homeland Security (DHS) Assistance to Firefighters Grant. It is recommended that this cost be funded from the local sales tax revenue. Since the funds are for the acquisition of Public Safety Equipment, it falls within the categories identified for use of the funding identified by the public in the advisory measures. DISCUSSION: In April 2006, the Santa Margarita Fire Department submitted a grant request to the Department of Homeland Security (DHS) on the behalf of twelve (12) fire agencies within San Luis Obispo County. This grant application was part of the DHS 2006 Assistance to Firefighters Grant Program. The grant request focused on equipping local firefighters with wildland firefighting personal protective equipment (PPE) and radios. The grant identified the following twelve fire departments within the request: Arroyo Grande, Atascadero, Cambria, Cayucos, Grover Beach, Morro Bay, Oceano, Paso Robles, San Miguel, Santa Margarita, Templeton, and the City of San Luis Obispo. In late December 2006, the Santa Margarita Fire Department was notified, through a competitive process, that the Department of Homeland Security had approved the grant request for 2006 in the amount of $404,500. The DHS Assistance to Firefighters Grant is a cost share program with 80% of the cost covered by the Federal government and the remaining 20% responsibility covered by the communities identified in the grant application. The amount of the project cost for the cITY couNCIL CONSIDERATION OF AUTHORIZATION TO ACCEPT THE 2006 DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT AND PROVIDE MATCHING FUNDS MARCH 27, 2007 PAGE 2 Arroyo Grande Fire Department is $39,473. The City will receive $31,578 from the federal government, leaving $7,895 as the City's share of the cost. Curcently, the Arroyo Grande Fire Department is not compliant with NFPA 1977 - Wildland PPE Standard or Cal-OSHA Title 8, Section 3410 -Wildland Firefighting Requirements. Furthermore, most of the PPE currently in use is more than 10 years old and well beyond the age of use for wildland firefighting. This grant will allow our Department to become fully complaint with all local, state and federal regulations regarding wildland firefighting PPE. The grant also covers the cost of an interoperable portable radio package to standardize our County's wildland fire emergency response radio plan. Additionally, this grant will allow for the purchasing of new NFPA and NWCG approved fire shelter tents. This grant will allow our Department to acquire the following equipment: 20 -Wildland Helmets 20 -Wildland Goggles 20 -Wildland Shrouds 25 -Wildland Filtration Masks 10 -Filter Refills 12 -Head Lamps 20 -Wildland Personal Protective Coats 20 -Wildland Personal Protective Pants 20 -Sets of Wildland Gloves 20 -Wildland Boots 20 -Gear Bags 25 -Wildland Fire Shelters 25 -Wildland Gear Harnesses /Hydration Pack 4 -Radio Harnesses 10 -Wildland Training Shelters 4 - Bendix/King GPH-CMD Radios 1 - Bendix/King GPH-CMD Radio Cloning Cubes cITY couNCIL CONSIDERATION OF AUTHORIZATION TO ACCEPT THE 2006 DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT AND PROVIDE MATCHING FUNDS MARCH 27, 2007 PAGE 3 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Accept the 2006 Department of Homeland Security Assistance to Firefighters Grant and provide matching funds; - Accept the grant and appropriate the monies from an alternate fund; - Do not accept the grant; or - Provide direction to staff. Attachments: 1. Regional V~Idland Safety Program Cooperative Agreement ATTACHMENT1 REGIONAL WILDLAND GRANT PARTICIPANTS REGIONAL WILDLAND SAFETY PROGRAM COOPERATIVE AGREEMENT WHEREAS, Santa Margarita Fire District hosted the 2006 Assistance to Firefighters Grant for each of the following public agencies, City of Arroyo Grande, City of Atascadero, City of Grover Beach, City of Morro Bay, City of Paso Robles, City of San Luis Obispo, Cambria, Cayucos, Oceano, San Miguel, and Templeton, (hereinafter "Public Agencies"), is at risk of devastating wildfires; and WHEREAS, many of the Public Agencies participate in the San Luis Obispo County Fire Services Mutual Aid Operation Plan of October and such plan provides for mutual aid response to wildfires; and WHEREAS, none of the Public Agencies can afford to provide a full-complement of wildland personal protective equipment (PPE) including radios for their personnel in a single fiscal year; and WHEREAS, the Public Agencies depend heavily on mutual aid response from neighboring departments, requiring the need for portable radios of the same make and model which will be programmed identically to provide interoperable communication during wildland fire responses; and WHEREAS, each of the Public Agencies agreed to participate under the leadership of Santa Margarita as a region for the purpose of seeking grant funding in the amount of $323,600 (with a 20% match of $80,800), total project cost of $404,500 for a Regional Wildland Safety Program designed to meet Cal-OSHA and National Fire Protection Agency (NFPA) guidelines through the Assistance for Firefighters Grant (AFG) Program under the Department of Homeland Security; WHEREAS, this grant has been successfully awarded; NOW THEREFORE, THIS JOINT POWERS AGREEMENT is entered into, by and between those Public Agencies that have executed this Agreement by, January 15, 2007, and in consideration of the mutual covenants and agreements contained herein, the Parties hereto agree as follows: 1. PURPOSE OF AGREEMENT_ COMMON POWER TO BE EXERCISED: The Parties enter this Agreement for the purpose of purchasing wildland PPE and communications equipment in accordance with the 2006 Assistance to Firefighters Grant Program award guidelines. 2. HOST AGENCY: The Parties agree that Santa Mazgarita Fire Department will be the host agency for this regional grant award. G:/COMMON/ADMIN/WORD/Z005 GianUpa a®eemrnt 3/21YL007 1:56 PM 3. NO ENTITY SEPARATE AND APART FROM THE PARTY ENTITIES• The Parties agree that the purpose of this Agreement may be accomplished without creating an entity separate and apazt from the Parties; therefore the Parties expressly decline to create an entity sepazate and apart from the Parties to this Agreement. 4. TERMINATION OF AGREEMENT: This Agreement shall remain in full force and effect for the period of the grant awazd. Each Party may individually terminate its involvement in this Agreement by providing 30 days written notice of termination to the Fire Chief of Santa Mazgarita. Parties' individually terminating involvement in this Agreement shall not be entitled to any equipment purchased through the grant awazd. 5. REPORTS: Santa Margarita Fire Department, as the host agency, will complete all reports required by the AFG program. Information from individual parties may be requested from time to time to complete these reports. All financial records will be kept by Santa Margazita Fire Department, but available upon written request. All reports requested by the host agency must be received within 30 days of request. 6. PARTICIPATION: The Parties shall provide persons to participate in the selection of items specified in the grant and the writing of bid documents and staff reports. EQUIPMENT: The Parties agree to purchase the items listed in Attachment A for their individual agency. 8. PURCHASES: The Parties acknowledge that the Department of Homeland Security will not allow purchases of items in excess as to that listed in Attachment A. Parties are not allowed to shift monies from one item to another; i.e. purchase more boots than listed in Attachment A. 9. AMENDMENTS: The Parties agree that if a sum of $5,000 or less is left after the purchase of all items, an amendment may be made to the Department of Homeland Security for the purchase of other wildland PPE, which will be decided by group consensus. 10. FUNDING: Each party agrees to submit a 20% match payment equal to each department's proportional share of the total 20% match fund requested by said department. These funds will not exceed total amount seen on Attachment A, page 3. Funds will be given to Santa Margarita Fire Department within 30 days of request. I I. NON-PARTICII'ATION: Any Public Agency named in the first "WHEREAS" clause of this Agreement that chooses not to sign the Agreement will not be able to acquire or use any of the equipment purchased by those agencies who have signed this agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective authorized officers. This Agreement is deemed to be signed and executed as of the last date a Public Agency executed this Agreement which is the 27's day of November 2006. G:/COMMON/ADMQd/WORD/2005 Grant/jpa agreement 2 3/21/2007 1:56 PM 1. Santa Mazgarita Volunteer Firc Depllrmeut sy: Date: ?. City of Arroyo lG3~rtde Fire Dcparpncnt Bye ~ Date: 6Z • La O ~o 3. City of Atasc o irr Department By: 4. City of Grover BeacL Fire Department • BS': 5. Ciry of Mo Ba, Department By: _ 6. City By: 7. City o~8'CLu+ O ' s By: 8. Cambria Community Scrvius District ay: Date: Date: 7 2 - t'e • O (~ ~; ~ G ~G Date: 13 0 ~ Date: G f 6 Date: 9. Cayvws Firo Protactioc District By: Dazt: 10. 4cesno Con3uum:ty rvices Distr3 11. San btiguel By: 12. 7atnpleton By: Date: fo •a.s•o6 r Dete: I ~-6-0 ~ G~~'CINMVIW.•HNM.WM:V2W5 Cin~~ii~flJrn •ert<Menl 3 I:Y 17TH 1 l:33 AM ATTACHMENT A ITEMS REQUESTED Agency Helmet `Goggles Shroud .Mask Filter - Refills .Head Lam Coat Pant Gloves Boots TOTAL Arro o Grande 20 20 20 25 10 12 20 20 20 20 187 Atascadero 0 10 5 0 0 0 8 8 0 3 34 Cambria 30 0 30 30 60 30 10 10 0 28 228 Ca urns 16 16 16 16 32 0 16 16 16 12 158 Grover Beach 22 22 22 22 22 22 22 22 22 22 220 Morro Ba 10 10 10 10 20 0 10 10 0 0 80 Oceano 0 0 0 22 22 22 22 22 22 0 132 Paso Robles 24 24 24 24 24 24 24 24 24 0 216 San Luis Cit 0 42 0 0 0 0 42 42 42 0 188 San Mi uel 20 20 20 0 0 20 20 20 20 20 160 Santa Mar arita 15 15 15 15 30 15 15 15 15 15 185 Tem leton 25 25 25 25 50 25 25 25 25 25 275 Total 182 204 187 189 270 170 234 234 20ti 145 2,021 G:/COMMON/ADMIN/WORD2005 GranVjpa agrcecnen[ 3/212007 1:56 PM Agency: Fire Shelter Gear Harness w/H dration Radio Harness Training Shelter. - Radio Clam Shell Cloning Cable Gear Ba TOTAL Arro o Grande 25 25 4 10 4 0 1 20 89 Atascadero 39 12 0 6 4 4 2 0 89 Cambria 30 30 8 5 1 1 1 5 81 Ca urns 16 16 16 3 3 6 1 16 77 Grover Beach 12 12 12 6 4 4 1 22 73 Morro Ba 30 10 10 2 3 3 1 0 59 Oceano 10 10 0 2 1 1 1 10 35 Paso Robles 24 24 24 6 1 0 0 0 78 San Luis Cit 42 42 42 4 11 0 0 10 151 San Mi uel 20 20 20 10 5 5 1 20 101 Santa Mar arita 16 15 6 5 2 4 1 16 85 Tern leton 25 25 25 5 2 4 1 25 112 Total 289 241 187 66 41 32 11 144 702 G:/COMMON/ADMIN/WORDY1005 Grant/jpa egreemrnt 3/21/2007 1:56 PM ATTACHMENT A DOLLAR AMOUNT OF ITEMS REQUESTED Agency Helmet Goggles Shroud Mask Filter Refills Head Lam Coat Palls Gloves Boots TOTAL Arro oGrande $820 $700 $1,000 $2,125 $(i0 $420 $3,000 $3,000 $480 $5,000 $16,605 Atascadero $0 $350 $250 $0 $0 $0 $1,200 $1,200 $0 $750 $3 750 Cambria $1,230 $0 $1,500 $2,550 $360 $1050 $1,500 $1500 $0 $7,000 $16,690 Ca urns $656 $560 $800 $1,360 $192 $0 $2 400 $2,400 $384 $3,000 $11,752 Grover Beach $902 $770 $1,100 $1 870 $132 $770 $3,300 $3 300 $528 $5,500 $18,172 Morro Ba $410 $350 $500 $850 $120 $0 $1 500 $1,500 $0 $0 $5,230 Oceano $0 $0 $0 $1870 $132 $770 $3,300 $3 300 $528 $0 $9,900 Paso Robles $984 $840 $1,200 $2,040 $144 $840 $3600 $3,600 $576 $0 $13,824 San Luis Ci $0 $1,470 $0 $0 $0 $0 $6,300 $6,300 $1,008 $0 $15,078 San Mi uel $820 $700 $1,000 $0 $0 $700 $3,000 $3 000 $4B0 $5,000 $14 700 Santa Ma arita $615 $525 $750 $1,275 $180 $525 $2 250 $2,250 $360 $3,750 $12,480 Tem leton $1,025 $875 $1,250 $2,125 $300 $875 $3,750 $3,750 $600 $6,250 $20,800 Total $7,462 $7,140 E9,350 $16,065 $1,620 $5,950 $35,100 $35,100 $4,944 $36,250 $158,981 Agency Fire Shelter GearHamess w/H dration Radio Harness Training Shelter Radio Clam Shell Cloning Cable 'Gear Ba TOTAL Arco o Grande $8,500 $4,750 $220 $750 $4,800 $0 $180 $1,000 $20,200 Atascadero $13,260 $2,280 $0 $600 $4,800 $140 $360 $0 $21440 Cambria $10 200 $5,700 $440 $375 $1 200 $35 $180 $250 $18,380 Ca cos $5,440 $3,040 $880 $225 $3 600 $210 $180 $800 $14 375 Grover Beach $4 080 $2,280 $660 $450 $4,800 $140 $180 $1100 $13 690 MortoB $10,200 $1,900 $550 $150 $3600 $105 $180 $0 $16,685 Oceano $3,400 $1,900 $0 $150 $1200 $35 $180 $500 $7,365 Paso Robles $8,160 $4,560 $1,320 $450 $1 200 $0 $0 $0 $15,690 San Luis Ci $74,280 $7 980 $2 310 $300 $13,200 $0 $0 $500 $38 570 SanMi uel .$6,800 $3,800 $1,100 $750 $8000 $175 $180 $1,000 $19805 Santa Mar arita $5 440 $2 850 $330 $375 $2 400 $140 $180 $800 $12,515 Tem leton $8,500 $4,750 $1,375 $375 $2,400 $140 $180 $1,250 $18,970 Total $88,280 $45,790 $9,185 $4,950 $49,200 $1,120 $1,980 $7,200 $217,885 G:/COMMON/ADMIN/WORD2005 GmnUjpa agreement 321/2007 1:56 PM ATTACHMENT A 20% MATCH Sub- Total Sales Tax 7.25% Total 20% Match Arro o Grande $36,805 $2,668 $39,473 $7,895 Atascadero $25,190 $1,826 $27,016 $5,403 Cambria $35,070 $2,543 $37,613 $7,523 Ca ucos $26,127 $1,894 $28,021 $5,604 Grover Beach $31,862 $2,310 $34,172 $6,834 Morro Ba $21,915 $1,589 $23,504 $4,701 Oceano $17,265 $1,252 $18,517 $3,703 Paso Robles $29,514 $2,140 $31,654 $6,331 San Luis Cit $53,648 $3,889 $57,537 $11,507 San Mi uel $34,505 $2,502 $37,007 $7,401 Santa Mar arita $24,995 $1,812 $26,807 $5,361 Tem leton $39,770 $2,883 $42,653 $8,531 TOTAL $376,886 $27,308 $403,974 $80,295 ITEM PRICE WITH 7.25% TAX Helmet $41.00 $43.97 Goggles $35.00 $37.54 Shroud $50.00 $53.63 Mask $85.00 $91.16 Finer $6.00 $6.44 Head Lamp $35.00 $37.54 Coat $150.00 $160.88 Pant $150.00 $160.88 Gloves $24.00 $25.74 Training Shelter $75.00 $80.44 Radio $1,200.00 $1,287.00 Clam Shell $35.00 $37.54 Cloning Cables $180.00 $193.05 Gear Bag $50.00 $53.63 Harness w! Hydration $190.00 $203.78 Radio Hamess $55.00 $58.99 Boots $250.00 $268.13 Fire Shelter $340.00 $364.65 G:/COMMON/ADMR~I/WORD/2005 Great/jpa agreement 4 3/21/2009 1:56 PM 8.k. MEMORANDUM TO: CITY COUNCILIREDEVELOPMENT AGENCY BOARD OF DIRECTORS FROM: STEVEN ADAMS, CITY MANAGERIEXECUTIVE DIRECTOR` SUBJECT: CONSIDERATION OF USE OF CITY PROPERTY AT FAEH STREET AND EL CAMINO REAL BY THE SAN LUIS OBISPO COUNTY YMCA FOR A FIREWORKS STAND DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council/Redevelopment Agency Board of Directors authorize use of the City owned property at Faeh Street and EI Camino Real by the YMCA for sale of fireworks. FUNDING: This item will have no direct financial impact on the City. However, it is expected to raise $7,000 to $10,000 for the YMCA to be used for operation of the new Senior Center at Camino Mercado, which the City has been involved in establishing. DISCUSSION: The Redevelopment Agency recently acquired the vacant lot at Faeh Street and EI Camino Real for economic development purposes to facilitate development of affordable housing, mixed-use or hotel development. Negotiations are currently under way with a potential developer for a hotel project. However, since staff proposes that any draft Disposition and Development Agreement (DDA) require issuance of building permits prior to the close of escrow, it is unlikely that any sale of the property will take place prior to July. The City has received a request from the San Luis Obispo County YMCA for use of the property to sponsor a fireworks booth for the 4~' of July. Under the City's program, a maximum of six fireworks stand permits are issued through a lottery system. Therefore, authorization to allow the YMCA to use the property would enable them to submit an application. S:\Administration\CITY MANAGER\STEVE\Council Reports\YMCA Fireworks Stand 3.27.07.doc CITY COUNCIL CONSIDERATION OF USE OF CITY PROPERTY AT FAEH STREET AND EL CAMINO REAL BY THE SAN LUIS OBISPO COUNTY YMCA FOR A FIREWORKS STAND MARCH 27, 2007 PAGE 2 Staff believes that the YMCA would be an appropriate agency to allow use of the property since proceeds would be used to support establishment of programming at the Ocean Oaks senior center, which the City has been involved in coordinating. If approved, the YMCA would be required to submit an insurance policy naming the City as additional insured. Location of the fireworks stand would be on the northern portion of the property to avoid conflicts with the adjacent residential neighborhood. Sale of fireworks is limited to the period from July ts` through July 4`n Staff hopes to complete arrangements for an economic development project at this site during the next year. Therefore, this is expected to be a one-time only activity. A copy of the YMCA request is attached. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Authorize use of the City owned property at Faeh Street and EI Camino Real by the YMCA for sale of fireworks; - Authorize use of the City owned property at Faeh Street and EI Camino Real for sale of fireworks, but provide for a competitive process for its use; - Do not authorize use of the City owned property at Faeh Street and EI Camino Real for sale of fireworks; - Provide direction to staff. Attachment: 1. Request from YMCA Executive Director S:\Administra[ion\CITY MANAGER\STEVE\Council Reports\YMCA Fireworks Stand 3.27.07.doc Y YMCA We build strong kids, strong families, strong communities. March 19, 2007 Steve Adams City Manager 214 E. Branch Street Arroyo Grande, CA 93420 Dear Steve As the YMCA looks forward to fully operating the Senior Center at the Ocean Oaks complex, we've strategize about the funding sources we could cultivate to support those efforts. We have recognized that while some activities and senior populations can afford a fee; many cannot. We've also recognized that many of the valuable services needed by seniors (health screening, flu shots...) fees mould not cover the full cost of the service. With this in mind, we've identified a revenue mix that could generate the much needed revenues to provide comprehensive programming to the seniors of Arroyo Grande. One such revenue source would be a variety of fund raising activities. The sale of fireworks is very high on the prospect list as there is already an established set of systems, marketing, and vending with a proven 1[ack record of revenue production. Should the YMCA be allowed to vend fireworks through a suceessful lottery draw, would the City consider allowing the YMCA to utilize the vacant lot located on the comer of El Camino Rea! and Faeh? San Luis Obispo Coun[y.YMCA 1020 Southwood Drive ~ San Luis Obispo, CA 93401 ~ 805.543.8235 ~ Fax 805.549.6202 ~ Email info@sloymca.org Five Ci[ies Program Office ~ 940 Pomeroy ~ Pismo Beach, CA 99449 ~ 805.779.4182 TO 39tld tl~Wh0~0'l5 Z0L9Eb5508 9E~bT L00LITZ/E0 8.1. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER BY: MIKE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION OF RESOLUTION CERTIFYING THE FIVE-YEAR RADAR SPEED SURVEY AND ESTABLISHMENT OF SPEED LIMITS ON WEST BRANCH STREET AND EAST GRAND AVENUE DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the Council adopt a resolution certifying the five-year radar speed survey and establishing speed limits on West Branch Street and East Grand Avenue. FUNDING: Any costs associated with speed limit signs or traffic legends will be accommodated within the Public Works Departmental operating budget for FY 2006/07. DISCUSSION: On March 13, 2007, Council accepted staffls recommendation to keep the posted speed limit on East Grand Avenue (between Halcyon Road and Oak Park Boulevard) at 35 miles per hour and the posted speed limit on West Branch Street (between Rancho Parkway and Brisco Road) at 40 miles per hour. Council reviewed staff's recommendation to raise the posted speed limit on West Branch Street (between Brisco Road and Vernon Street) from 40 to 45 miles per hour but noted that an alternative being considered in the Project Approval and Environmental Determination (PA&ED) for the Brisco Road interchange is the installation of "hook ramps" from Highway 101 to Rodeo Drive that may affect the speeds of vehicles for this roadway segment in the future. As a result, it might be prudent to wait for a final decision regarding the hook ramp alternative before obligating funds to install new signage and pavement markings. At that time, the speed limit could be reconsidered by the Council. Council directed staff to review the traffic enforcement history with the Police Department and return with a final recommendation on West Branch Street for approval. The Police Department reported that they have not received complaints along this segment and it is not a critical area for enforcement. CITY COUNCIL CONSIDERATION OF RESOLUTION CERTIFYING THE FIVE-YEAR RADAR SPEED SURVEY AND ESTABLISHMENT OF SPEED LIMITS ON WEST BRANCH STREET AND EAST GRAND AVENUE MARCH 27, 2007 PAGE 2 Based on this information, staff recommends the following: East Grand Avenue -Halcyon Road to Oak Park Boulevard Maintain the posted speed limit at 35 miles per hour. West Branch Street -Rancho Parkway to Brisco Road Maintain the posted speed limit at 40 miles per hour. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staff's recommendations; Do not approve staff's recommendations; • Modify as appropriate and approve staff's recommendations; or Provide direction to staff. - S:\Public Works\Engineering\Traffic Commission\Major Issues\Vehicle Speed Survey\Council\Council Memo -Vehicle Speed Survey 2007-03-27.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE FIVE-YEAR RADAR SPEED SURVEY AND ESTABLISHING SPEED LIMITS ON EAST GRAND AVENUE AND WEST BRANCH STREET WHEREAS, the City Council of Arroyo Grande has conducted engineering and traffic speed surveys (collectively referred to herein as the "surveys") on various City streets in accordance with the requirements of the California Vehicle; and WHEREAS, the Director Public Works has analyzed the surveys, made appropriate adjustments, and made recommendation for the establishment of speed limits on said streets in accordance with the requirements of the California Vehicle Code; and WHEREAS, radar enforcement of any speed limit other than those expressly established by State law requires that such speed limits be based upon an engineering and traffic speed survey as has been conducted; and WHEREAS, the Police Chief supports the recommendations of the Director of Public Works; and WHEREAS, on October 17, 2005 the Traffic Commission supported the recommendation of the Director of Public Works for the speed limits on the various streets identified herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby certifies the surveys and establishes speed limits on various City streets as provided below: East Grand Avenue (Halcyon to Oak Park) 35 mph West Branch Street (Brisco Road to Rancho Parkway) 40 mph On motion by Council Member ,seconded by Council Member ,and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of , 2007. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 10.a. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: CONSIDERATION TO REMOVE THE EXISTING STOP SIGN AND CROSSWALK ON JAMES WAY AT THE INTERSECTION OF HIDDEN OAK ROAD DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council adopt the attached resolution to remove the existing stop signs, advanced lighting assemblies, and the crosswalk on James Way at the Hidden Oak Road intersection. FUNDING: The estimated cost to remove the existing stop signs and crosswalk is $1,000 and can be accommodated in the FY 2007/08 Public Works Maintenance Budget. DISCUSSION: At the June 28, 2005 meeting, the Council considered the information presented by staff, citizen input and the recommendations of the Traffic Commission, and adopted a resolution to place a crosswalk and stop assemblies on James Way at the Rodeo Drive intersection. It was also recommended that the existing crosswalk and stop assemblies on James Way at the Hidden Oaks intersection be removed. The Council denied the recommendation pending further information on the proposed potential development of the elementary school site by the Lucia Mar Unified School District. The Hidden Oak Road all-way stop configuration and crosswalks were installed as part of the Village Glen housing development in anticipation of increased traffic upon completion of an elementary school at the north end of Hidden Oak Road. On December 21, 2004, the Lucia Mar Unified School District voted to reject bids to build the school. The Village Glen Homeowners Association was not in favor of removing the existing stop signs until a final decision was made regarding the development of the proposed site. At that time, discussions were taking place regarding potential location of Coastal Christian School at the site. More recent discussions with the School District indicated that no plans exist to rebid the project or develop the site at this time. CONSIDERATION TO REMOVE THE EXISTING STOP SIGNS AND CROSSWALK ON JAMES WAY AT THE INTERSECTION OF HIDDEN OAK ROAD MARCH 27, 2007 PAGE 2 Since that time, staff has received two letters requesting removal of this stop sign. Based on the School District decision not to develop the proposed school site, the intersection at James Way and Hidden Oak Road does not meet the warrants for amulti-way stop intersection established by Caltrans and the MUTCD. Therefore, it is recommended the Council adopt the attached resolution to remove the existing stop signs, advanced lighting assemblies, and the crosswalk on James Way at the Hidden Oak Road intersection. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staff's recommendation; Do not approve staffs recommendation; or Provide direction to staff. S:1PUblic Works\Engineering\Capital Projects\2006\PW 2006-08 James Way- Rodeo All-Way Stop\Council\Council Memo -James - Hidden Oaks Intersection.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REMOVING STOP SIGNS ON JAMES WAY AT HIDDEN OAK ROAD WHEREAS, the Traffic Commission held a public hearing on the request for a crosswalk on James Way in the vicinity of Rancho Grande Park; and WHEREAS, the Public Works Department performed stop sign analysis for intersections on James Way within the vicinity of Rancho Grande Park in accordance with the requirements of the California Vehicle Code Section 21355 and as outlined in the Caltrans' Traffic Manual Section 4-03.6; and WHEREAS, on April 28, 2005 the Traffic Commission recommended that the City Council approve the installation of stop signs at James Way and Rodeo Drive and the removal of existing stop signs on James Way at its intersection with Hidden Oak Road. WHEREAS, on June 28, 2005, the City Council approved the installation of a new stop sign at James Way and Rodeo Drive and requested further analysis of the stop sign removal at James Way and Hidden Oak Road. WHEREAS, the proposed school site on Hidden Oak Road will no longer be developed and future traffic volumes will not result in the need for stop signs. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, hereby approves the removal of existing stop signs on James Way at its intersection with Hidden Oak Road. This Resolution shall take effect upon its adoption. On motion of Council Member and on the following roll call vote, to wit: seconded by Council Member AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 2007. `. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 11.a. MEMORANDUM TO: CITY COUNCIL FROM: DOUG PERRIN, INTERIM DIRECTOR OF PARKS, RECREATION AND FACILITIES ,QP SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE AMENDING CHAPTER 2.28.050.D OF TITLE 2 OF THE MUNICIPAL CODE TO ALLOW THE SENIOR ADVISORY COMMISSION, BY RESOLUTION, TO ADOPT RULES AND REGULATIONS TO GOVERN MEETINGS DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council introduce an Ordinance amending Arroyo Grande Municipal Code Section 2.28.050.D. to allow the Senior Advisory Commission, by Resolution, to adopt rules and regulations to govern meetings. FUNDING: No expenditure would be required. Meeting as needed rather than quarterly would save .staff time and mailing expenses. DISCUSSION: At the January 23`d City Council meeting, in response to input from Senior Advisory Commission Members, Mayor Ferrara suggested the Commission consider modifying their meeting schedule. The Senior Advisory Commission is currently scheduled to meet quarterly. However, meetings are often cancelled due to lack of new business items, making it unnecessary for the Commission to meet quarterly. The proposed Ordinance amendment would allow the Commission, by Resolution; to adopt rules and regulations to govern meetings. The amendment would provide the Senior Advisory Commission with the flexibility to establish meeting dates and times without having to introduce Ordinance amendments. At its March 7, 2007 meeting, the City of Arroyo Grande Senior Advisory Commission reviewed and recommended the proposed Ordinance amendment to the City Council. ALTERNATIVES: 1. Approve staffs recommendation; 2. Do not approve staffs recommendation; 3. Modify staffs recommendation as appropriate and approve; 4. Provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 2.28.050.D. OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE MEETINGS OF THE SENIOR ADVISORY COMMISSION WHEREAS, the Senior Advisory Commission currently meets on a quarterly basis on the first Wednesday in August, November, February and May at 3:00 p.m.; and WHEREAS, the Senior Advisory Commission desires to amend its regular meeting schedule from a quarterly basis to an as needed basis. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Section 2.28.050.D. of the Arroyo Grande Municipal Code is hereby amended in its entirety, as follows: Section 2.28.050.D. Rules and Regulations--Meetings. The commission shall, by resolution, adopt rules and regulations to govern meetings. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member ,seconded by Council Member ,and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this day of 2007. ORDINANCE NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 11.b. ~a _til u w, iei~• MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER 5~ TIMOTHY J. CARMEL, CITY ATTORNE~~ SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTION 10.08.060(B) OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE DATE: MARCH 27, 2007 RECOMMENDATION: It is recommended the City Council introduce an Ordinance amending section 10.08.060(B) of the Arroyo Grande Municipal Code entitled "Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Public Right of Way Areas". FUNDING: There is no funding impact to the City from this proposed Ordinance. DISCUSSION: On November 23, 2004, the City Council adopted Ordinance No.559, which prohibited solicitation at entrances to commercial areas and upon public rights of way. Such prohibition was intended to promote the safe and orderly flow of traffic at entrances to commercial parking areas and upon public rights of way. Ordinance No. 559 specifically exempted non-profit organizations conducting fundraising activities within a commercial parking area with the permission of the owner, provided such activity does not interfere with the safe and orderly flow of traffic and said organization has obtained a public safety and welfare permit from the Chief of Police. If approved, this Ordinance will modify the previous Ordinance to extend such exemption to activities in the public right of way and to any person or organization acting on behalf of anon-profit organization. However, in order to ensure that the original intent of Ordinance No. 559 is maintained, the proposed amendment specifies certain restrictions on issuance of a public safety and welfare permit. First, one shall be issued only to applicants with traffic flow and public safety skills and knowledge necessary to address the circumstances of the proposed activity. Second, the location and time of the proposed fundraising activity shall not create a significant impact to traffic flow or public safety. Therefore, the Ordinance will expand the ability to allow certain fundraising activities in the public right CITY COUNCIL CONSIDERATION OF AN ORDINANCE AMENDING SECTION 10.08.060(b) OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE ENTITLED "PROHIBITION OF SOLICITATION AT ENTRANCES TO COMMERCIAL PARKING AREAS AND UPON PUBLIC RIGHT OF WAY AREAS" MARCH 27, 2007 PAGE 2 of way, but will place restrictions on approval of those activities based upon the applicant's ability to mitigate potential traffic and- safety impacts associated with the nature of the proposed activity. . ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staff's recommendation to introduce an Ordinance amending section 10.08.060(6) of the City of Arroyo Grande Municipal Code entitled "Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Public Right of Way Areas; 2. Modify and approve the proposed Ordinance; 3. Do not approve staff's recommendation; 4. Provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 10.08.060.8. OF THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, on November 23, 2004, the City Council adopted Ordinance No. 559 which prohibited solicitation at entrances to commercial areas and upon public right of ways; and WHEREAS, such prohibition was intended to promote the safe and orderly flow of traffic; and WHEREAS, Arroyo Grande Municipal Code 10.08.060.8. exempts from such prohibition non-profit organizations conducting fundraising activities within a commercial parking area with the permission of the owner, provided such activity does not interfere with the safe and orderly flow of traffic entering or exiting the parking area onto city streets and said organization has obtained a public safety and welfare permit from the chief of police; and WHEREAS, the City Council finds that an exemption should be provided to any person or organization raising money on behalf of any non-profit organization as well as to allow fundraising activities on certain public rights of way, so long as such activities do not negatively impact traffic flow or public safety. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1. The above recitals and findings are true, correct, and incorporated herein. SECTION 2. Arroyo Grande Municipal Code Section 10.08.060.6. is hereby amended in its entirety to read as follows: 10.08.060.8. This section shall not apply to any non-profit organization, or any person or organization acting on behalf of anon-profit organization, conducting a fundraising activity; provided such activity does not interfere with the safe and orderly flow of traffic and said person or organization has obtained a public safety and welfare permit from the chief of police, with appropriate conditions imposed thereon. A public safety and welfare permit shall be issued only when the following apply: 1) the applicant satisfactorily demonstrates an understanding of the principles of traffic flow and public safety through education, training or experience adequate to address the circumstances of the proposed fundraising activity; and 2) that the location and time of the proposed fundraising activity will significantly not impact traffic flow or public safety. ORDINANCE NO. PAGE 2 SECTION 3. This Ordinance shall go into effect thirty (30) days after its adoption. SECTION 4. If any section, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. On motion by Council Member and by the following roll call vote to wit: seconded by Council Member AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2007. ORDINANCE NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY