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Agenda Packet 2010-05-25CITY OF City Co Tony Ferrara, Mayor Jim Guthrie, Mayor Pro Tem Joe Costello, Council Member Chuck Fellows, Council Member Vacant, Council Member 1. CALL TO ORDER: 2. ROLL CALL 3. FLAG SALUTE 4. INVOCATION: 7:00 P.M. COUNCIL BOY SCOUT TROOP 489 PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS: 5.a. Honorary Proclamation Declaring June 7 & 8 2010 as "Special Olympics — Law Enforcement Torch Run Days" 5.b. Special Presentation to the City Council from the League of Women Voters 6. 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. q Steven Adams, City Manager Timothy J. Carmel , City Attorney Kelly Wetmore, City Clerk AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, MAY 25, 2010 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande AGENDA SUMMARY — MAY 25 2010 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period May 1, 2010 through May 15, 2010. 8.b. Consideration of Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of April 30, 2010. 8.c. Consideration of Fiscal Year 2010 -11 Appropriation Limit (KRAETSCH) Recommended Action: Adopt a Resolution establishing the appropriation limit from tax proceeds for Fiscal Year 2010 -11. 8.d. Consideration of Approval of the City of Arroyo Grande Investment Policy (KRAETSCH) Recommended Action: Approve the City of Arroyo Grande Investment Policy. AGENDA SUMMARY — MAY 25 2010 PAGE 3 8. CONSENT AGENDA (cont'd) 8.e Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council /Redevelopment Agency Meeting of April 27, 2010; the Special City Council Meeting of May 5, 2010 and the Regular City Council Meeting of May 11, 2010, as submitted. 8.f Consideration of a Resolution Aaarovina a Third Side Letter of Aareement to the Arroyo Grande Police Officers' Association Memorandum of Understanding (ADAMS) Recommended Action: 1) Adopt a Resolution approving a Third Side Letter of Agreement to the Arroyo Grande Police Officers' Association Memorandum of Understanding; and 2) Authorize the City Manager to execute the Agreement. 8.g. Consideration of Authorization to Lease Purchase a New Quint 100 Foot Aerial Platform Fire Apparatus (HUBERT) Recommended Action: 1) Authorize the City Manager to execute a purchase order not to exceed $930,000 to Pierce Manufacturing, Inc. for the purchase of one Quint 100' aerial platform fire apparatus; and 2) Authorize the City Manager to solicit a Lease /Purchase Agreement for the purchase. 8.h. Consideration of a Resolution Authorizing City Participation in the San Luis Obispo County Energy Watch Partnership (McCLISH) Recommended Action: Adopt a Resolution authorizing City participation in the San Luis Obispo County Energy Watch Partnership. 8.i. Consideration of Acceptance of the Citv Hall Parkina Lot and Bioswale Improvements and the Crown Hill and Corbett Canvon Road Sidewalk Improvements Project, PW 2008 -07A (McCLISH) Recommended Action: 1) Accept the project improvements as constructed by D -Kal Engineering Inc. in accordance with the plans and specifications for the City Hall Parking Lot & Bioswale Improvements and the Crown Hill and Corbett Canyon Road Sidewalk Improvements Project, PW 2008 -07A; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.j. Consideration of Acceptance of the East Branch Streetscape Project, PW 2009- 01 (McCLISH) Recommended Action: 1) Accept the project improvements as constructed by Brough Construction, Inc. in accordance with the plans and specifications for the East Branch Streetscape Project, PW 2009 -01; 2) Approve a transfer of $10,402 from the Pavement Management Program CIP project; 3) Direct staff to file a Notice of Completion; and 4) Authorize release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. AGENDA SUMMARY — MAY 25 2010 PAGE 4 8. CONSENT AGENDA (cont'd) 8.k. Consideration of an Award of Contract to Souza Construction, Inc. for Construction of Streets Resurfacing in the Vicinity of Arroyo Grande High School, PW 2010 -08 (McCLISH) Recommended Action: 1) Award a contract for construction of streets resurfacing in the vicinity of Arroyo Grande High School to Souza Construction, Inc. in the amount of $347,350; 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $34,735, for unanticipated costs during the construction phase of the project; 3) Find that the project is categorically exempt from CEQA pursuant to Section 15301(c); and 4) Direct the City Clerk to file a Notice of Exemption. 8.1. Adoption of an Ordinance Amending Title 16 to Clarify Agricultural Conversion and Mitigation Requirements (McCLISH) Recommended Action: Adopt an Ordinance amending Title 16 of the Municipal Code (Development Code) to clarify agricultural conversion and mitigation requirements. 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Introduction of a Proaosed Ordinance Addina Chaster 9.29 Entitled "Proximity Restrictions to Children's Facilities for Registered Sex Offenders" to the Arroyo Grande Municipal Code (ANNIBALI) Recommended Action: Introduce an Ordinance adding Chapter 9.29 entitled "Proximity Restrictions to Children's Facilities for Registered Sex Offenders" to the Arroyo Grande Municipal Code. 11.b. Consideration of Appointment to Fill City Council Vacancy (ADAMS) Recommended Action: 1) Approve an appointment to fill the existing City Council vacancy; and 2) The individual appointed be sworn in and take the Oath of Office administered by the City Clerk. AGENDA SUMMARY — MAY 25 2010 PAGE 5 12. CITY COUNCIL REPORTS This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (4) Other (b) MAYOR PRO TEM JIM GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (3) California Joint Powers Insurance Authority (CJPIA) (4) Homeless Services Coordinating Council (HSOC) (5) Economic Vitality Corporation (EVC) (6) Tourism Committee (7) Other (c) COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Other (d) COUNCIL MEMBER FELLOWS: (1) Integrated Waste Management Authority Board (IWMA) (3) County Water Resources Advisory Committee (WRAC) (4) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and /or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and /or request direction from the Council. No formal action can be taken. None. AGENDA SUMMARY — MAY 25 2010 PAGE 6 15. COUNCIL COMMUNICATIONS Correspondence /Comments as presented by the City Council. 16. STAFF COMMUNICATIONS Correspondence /Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT * * * * * * * * * * * * * * * * * * * * * * * ** All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk's office, 214 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability - related modification or accommodation, contact the Legislative and Information Services Department at 805 - 473 -5414 as soon as possible and at least 48 hours prior to the meeting date. * * * * * * * * * * * * * * * * * * * * * * * ** This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arroyogrande.org * * * * * * * * * * * * * * * * * * * * * * * * ** City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.orgg L I F 0 R I � 91 Honorary Proclamation Dwlaring June 7 & 8 As pSpeaal Olympics - Law Enforcement Torch Run Days" WHEREAS, each year law enforcement officers join together to run the Special Olympics torch throughout San Luis Obispo County; and WHEREAS, hundreds of thousands of law enforcement officers give their time to protect our co mmunities every day; are WHEREAS, hundreds of thousands o athletes participate in Special Olympics activities annually; and WHEREAS, EAS, the efforts of countless volunteers make Special Olympics possible; and WHEREAS, o June 7 & 8 1 2010 law enforcement officers will carry the Special Olympics torch throughout Baru Luis Obispo County and send it on its way down t o California State University at Long Beach to open the Special Olympics of Southern California Summer Games; and WHEREAS, at this year's meet, many of our area's finest young people and adults will be competing in a variety of sports, enjoying athletic competition and learning the importance of "doing one's best" in a spirit of sportsmanship. N OW THEREFORE, E, BE IT RESOLVED, LVEI , that I Tony Ferrara, Mayor of the City o Arroyo Grande, on behalf of the City Council, do hereby declare June 7 & 8, 2010 as "SPECIAL O LYMPICS - LAW ENFORCEMENT T i H FAUN DAYS" in A rroyo Gra nde, acknowledge the hard work o the evert organizers, and congratulate the athletes and officers on their accomplishments. IN WITNESS ESS WHE E F, I have hereunto set my hand and caused the Y Seal of the City of Arroyo Grande to be affixed this 25 day of May 2010. IQ till DliPGAA1 ED - M JULY 10. 1911 } TINY EEI, MAYOR TORC RU N o CITY OF THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.a. Page 2 INCORPORATED 7. JULY 10, 1911 MEMORANDUM To: CITY COUNCIL. FROM: ANGELA KRAETSCH, DIRECTOR ECTOR of ADMIT ISTR I E SERVICES 7 41�� BY: FRANCES R. HEAD, ACCOUNTING SUPER ISO SUBJECT: CONSIDERATION of CASH DISBURSEMENT RATI CATION DATE: MAY 25 201 RECOMMENDATION It is recommended the city Council ratify the attached listing of cash disbursements for the period May 1 through May 15, 2010. FINANCIAL IMPACT: There is a $1,088,21 5.18 fiscal impact that includes the following items: 0 Accounts Payable Checks 145188 - 145356 $ 65 407. 0 Payroll Checks & Benefit checks $ 424 BACKGROUND: Cash disbursements are made weekly based o the submission of all required documents supporting the invoices submitted for payment. Prier to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal code and the City's Purchasing Policies and Procedures Manual of February logo. . ANALYSIS of ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2009-10 budget. ALTERNATIVES: The following alternatives are provided for the council's consideration: 0 Approve staff's recommendation; 0 Do not approve staff's recommendation: 0 Provide direction to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION of CASH DISBURSEMENT RATIFICATION MAY 25, 201 PAGE 2 ADVANTAGES: • The Administrative Services Department monitors payment o invoices for accountability, accuracy and completeness using standards approved by the Council. Invoices are paid in a timely manner to establish goodwill with merchants. Mounts are taken where applicable. DISADVANTAGES: ES: No disadvantages have been identified as long as City Council confirms all expenditures are appropriate. ENVIRONMENTAL OUNTENTAL E IE : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. No public comments were received. Attachments: 1. May 1 - May 15, 2010 —Accounts Payable Check Register 2. May 7, 2010 — Payroll Check & Benefit Checks Register Agenda Item 8.a. Page 2 im CL 0) M0 rMIL M M V PIA Page. 1 ATTACHMENT 1 Pa 1 aplHist Check History Listing 06/17/2010 :5 A M CITY OF ARROYO GRANDE Bank code. boa Check # Date Vendor Statue ClearNoid Date Invoice Inv. Date Amount Paid Check Total 145183 05104/2010 994548 CARMEL & NACCASHA, LLP 13962 05/0412018 18,464.60 13 961 05/04/2010 2,318.70 20,783-30 145189 05/0412010 006333 F1A CARD SERVICES V 0510412010 0.90 0.00 145190 05/0412010 006333 FIA CARD SERVICES 4129 -7845 0412012010 2 4129 -1331 04/201201 1 4129 -6321 04/2-0/2010 1,502.65 4129 -6362 04/20/201 342.34 4/20-6347 94/2012010 283-06 4129 -7837 04120/201 23 4/29 -9702 04120/201 62.42 6,648.60 145195 05/06/2010 007817 THERESA AF A I R f 99'1 02731 95105/2010 33.35 33.35 1 45196 05/06/2010 607815 ARTHUR CALL UM R f 991 02729 05105/2910 102.84 102.84 145197 05/06/2010 097829 SIGRID GREEN R f500102734 05/05/2010 1.72 51.72 145198 0510612010 007318 RU Y & PHYLLIS KELLEY R f900102732 05/05/2010 9.67 9.67 145199 05106/2019 007816 PAT R EA Ref 0001 02730 65/05/2010 80.31 80.31 145200 05106/2010 007819 DETTIE & ROBERT SHAW R f0 0102733 05105/2018 20.26 20.26 145201 05/06/2010 002422 THE ACTIVE NETWORK, , INC 1000028998 83131/201 1,654.11 1 145202 0510612010 004815 AIRGAS /NEST INC 103165460 0411412010 79.74 79.74 145293 05106/2010 006130 - ALLIANCE READY MIX, INC 10965 04/1312010 474.64 10980 0411 512010 398.19 372.63 145204 051061 000361 ARBOR DAY FOUNDATION 050310 05105/2010 15.00 1 5.90 1 45205 0510612010 006607 AT &T 1322935 04125/2010 1 1 688.72 00000132 03'1 0 412512010 29.65 1317192 0412112010 26.53 1322029 0412512010 15.61 900991322932 04125/2010 14.51 1 Page. 1 im CL ^ ice/ M0 rMIL M M 00 44h 0) aDkHist 051171201 8:59AM Check History Listing CITY OF ARROYO F AI DE Page: 2 Bank code: boa Check Date Vendor 145206 05106/2010 007518 ZAK AYALA 145207 05106/2010 000053 B & B STEEL & SUPPLY, INC 1 45208 05/06/2010 007478 STEVE BEAUDOIf 145209 05/0612010 000000 B11S0 //HILL & LUMBER 145210 05/06/2010 000094 BRUMIT DIESEL, INC 145211 05105!2010 000095 BURKE AND PACE OF AG, 145212 05105!2010 004077 CA ST DEPT OF HEALTH 145213 05/0612010 003853 CALIFORNIA LIGHTING 145214 05/0612010 000603 CAFUEST AUTO PARTS 145215 05/06/2010 007798 CENTAU I LABS Status ClearNold Date invoice 050610 340049 050510 144 541 144550 144 544 144337 10021 16634 1 16528 240117"4 2401182 2400810 050410 [0I: 7314-402183 7314- 403277 7314- 402965 7314- 402975 7314- 403070 7314 - 4 + 7314 - 402672 f 314 - 402985 7314 - 402969 7314 - 402092 7314 - 402970 7314 - 403266 7314 - 405772 10DO126 Inv. Date 05/06/2010 04/1 9/2010 05/05/2010 04128/201 04/27/2010 04/2$12010 03/31/2010 04/19/2010 04/1 9/2010 04/1 912010 04119/2010 04/14/2010 04/1412010 04/0512010 0510512010 04/23/2010 04/16/2010 04/21/2010 04/20/2010 04/20/2010 04120/2010 0/0/2010 04119/2010 04/20/2010 04/20/2010 04/19/2010 04120/2010 0412112010 0510312010 Amount Pail Check Total 1,040.00 87.27 226-00 56.51 22.16 1 6.30 13.90 548.90 527.50 326.24 31 3.89 26.43 2.91 2.78 Iff illelf, 105.31 203.56 138.00 123.49 102.43 73.37 62.53 80.95 58.25 36.66 34.78 28.81 17.68 17.36 35.00 1 87.27 226.00 iI1::A 1,7'16.53 32.12 70.00 105.31 952.87 36.00 Page: 2 apDkH!st Check History Listing Page: 05117/2010 8: 9AM CITY OF ARROYO GRANDE Sank code: boa Check # Date Vendor 145216 05/0612010 000028 CENTRAL CAL METRO 145217 05/06/2010 005410 CENTRAL COAST SPRING 145218 05/06/2010 004680 ROBERT CHILD 145219 05/0612010 007548 CSG SYSTEMS INC 145220 05/06/2010 003227 SHANE DAY 145221 05/06/2010 003227 SHANE DAY 145222 05106/2010 006643 DNB INDUSTRIAL SUPPLY 145223 05/06/2010 006706 DORIS BROS TROPHIES INC 145224 05/06/2010 007333 JUDITH DYER 145225 05/06/2010 001525 FERGUSON ENTERPRISES, 145226 05/0612010 001058 TONY M FERRARA 145227 05/06/2010 007822 FORD CREDIT DEPT 67 -434 145228 05/06/2010 007242 CHUCK ERHART 145229 0510612010 002813 GRAINGER, INC 145230 05/06/2010 002356 GREAT WESTERN ALARM 145231 05/06/2010 000291 HAAI ER EQUIPMENT, INC Statue clear/Vold Date Invoice 050310 23301 042810 644'14 050610 0506 399633 61 570 050610 5945580 5075330 050610 1034054 050610 928658240 100400713101 100400013101 73574 73648 1076065 07334 1201187-IN 1634389 234749 Inv. Date 145232 05/06/2010 001237 HANSON AGGREG. M ID D 140.00 140.00 04/2 145233 05/06/2010 004458 HIGHLY RELIABLE SYSTEMS 04/28/2017 50.00 50.00 C 145234 05106/2010 004288 ID - INTL CODE COUNCIL, 05/06/2010 1 1 05/06/2010 145235 05/06/2010 002820 1NDFF, IN 05/04/2010 162.38 162.38 o0 145236 05/06/2010 000348 J ENTERPRISES CA i 223.00 223.00 Statue clear/Vold Date Invoice 050310 23301 042810 644'14 050610 0506 399633 61 570 050610 5945580 5075330 050610 1034054 050610 928658240 100400713101 100400013101 73574 73648 1076065 07334 1201187-IN 1634389 234749 Inv. Date Amount Paid check Total 05106/2010 140.00 140.00 04/2 226.49 228.49 04/28/2017 50.00 50.00 04/28/2010 485.75 485.75 05/06/2010 1 1 05/06/2010 107.95 107.95 05/04/2010 162.38 162.38 04/30/2010 570.76 570.75 06/06/2010 223.00 223.00 04/28/2010 291.45 04/27/2010 36.43 327.88 05/06/2010 89.00 69.00 05/03/2010 8; 067.71 8,067.71 05/06/2010 1 2.02 12.02 0412312010 84.57 84,57 05/01/2010 28.00 06/06/2010 28.00 86.00 04/29/2010 624.27 04/27/2010 86.01 710.28 04/14/2010 329.62 329.62 04/20/2010 25.00 25.00 04/16/2010 69.00 69.00 04/1212010 87.84 57.84 04/22/2010 101.38 101.38 so A ■ ■ ■ 0 im t� c� CL 0) M0 M t� c� 00 apCkHlst Check History Listing Pag 4 06117/2010 :59A ! CITY OF ARROYO i ANDE Bark code: boa Check Date Vendor Status ClearlVold Date Invoice Inv. Date Amount Paid Check Total 145237 95106/2010 003949 KERN'S PAPER 28531 04/1312010 373.67 373.67 145238 95106/2010 000373 L UT ENHISEI 'S 9206 0510612010 528.72 526.72 1 45239 05/06/2010 000393 LUCIA MAR UNIFIED SCHOOL 1 00743 0410112010 857.33 1 00741 0410212010 210-00 1 734 04/01/2010 136.45 1 t 25.78 1 45249 0519612010 000411 MARTI & CHAP IAN CO 210173 0413012910 22.77 22.77 148241 9510612010 006088 MATCO TOOLS 32262 04/29/2010 179.67 32261 04129/2010 127.69 307.56 145242 9510612010 000429 MINER'S ACE HARDWARE, AF E, K3022 0410912010 71.74 K262 0310412010 36.31 L 10870 04/20/2010 30.37 K4 1697 04/2712019 29.79 2638 03/0512010 26.21 K32075 0411212010 28.01 K30446 0411112010 26.07 K26192 0310412010 21.35 L05841 03111120 15.73 L06029 0311212010 9.77 K31327 0412012010 9. K31308' 9412612010 8.13 K31522 04/2212010 7.60 K3174 0412512010 7.60 K3 6 4 05/03/2010 4.26 L 12121 04/3012010 2.56 337.14 148243 0510612010 000441 MLI FORD F CS203376 0310312010 1 205511 9412012910 546.39 FOCS205643 0412312019 1 05.00 FOGS 205700 0412312010 100.00 FOCS204628 03/12/201 70.88 1 36394 0412812010 30.41 136841 0412312010 24.33 136782 04/21/2010 6.16 2,183.89 Page: Page: apCkH!st 06/17/2010 8:59AM C heck History Listing CITY OF ARROYO GRANDE Pag Bank code: boa C heck # Date Ven Statue ClearNoid Date Invoice Inv. D ate Amount Pa Check Taal 145244 05/0612010 000456 I ATL ICED & PARK ASSN 650310 05/03/2610 300.00 300.0 145245 05/06/2010 007362 OCEANO COMMUNITY 200910-602 04/26/2610 87,093.50 87 1 45246 05/06/2010 000468 OFFICE DEPOT 51 6230464601 04116/2610 108.90 516334535601 04/1 9/2610 9.57 118.47 145247 05/66/2010 000481 PACIFIC GAS & ELE 4/2 0- 853299 04/26/2610 15, 084.69 4119 - 194097 0411912616 14,943.04 411 5 - 704689 04/15/2610 48.92 3 145248 05/06/2010 006696 POSTAL CONCEPTS 9773 03/31/2010 33.74 9774 03/31/2010 33.48 9772 03/31/2010 32.01 9775 03/31/2010 22.66 2149 04/29/201 1 0.21 9316 11 11912999 8.34 140.44 14 249 05/06/2010 000526 RADIOSHACK 639357 04129/261 96.97 96.97 1 45250 05/06/2010 002142 SAN LUIS PAPER CO 5991 64/2312616 635.54 596648 0311812010 487.39 599122 04/23/2010 1 41.1 6 1EDIT/586616 -99 11/23/2009 - 1,087.48 176.61 145251 05/0612610 007821 SANTA MARIA DIESEL 35578 04/29/2010 218.61 218.61 145252 06106/2010 002177 SECRETARY OF STATE 050610 06106/2010 46.66 40.06 145253 05106/2010 007765 PHIL S I EM S 050610 6510612616 325.00 825.60 145254 05/0612010 000552 SLO COUNTY 050410 95/0612016 431 431 145255 0516612616 060564 SLO COUNTY NEWSPAPERS SPAPERS 6875973 03128/2010 292.74 D 6878724 08128/2010 159.97 730898 63127/2016 156.00 CL 6373722 6312812016 124.44 0 6875256 03/16/2610 116.96 850-11 145256 05/66/2616 696598 SNAP- TOOLS C 195946 04/21/2010 290.89 299.69 c� M 00 ft-4 0 Page: ap kHi t Check History Listing Page: 6 06/17/2010 8:59AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Statue ClearNold Data Invoice Inv. Date Amount Paid Check Total 1 45257 0510612010 006154 SOUTH COUNTY AREA 050610 0510612010 3,31 9.43 3 9.43 145253 05106/2010 000623 SUNSET NORTH CAR WASH 2132 03/31/2010 83.14 83.14 145259 0510612010 000627 TARGET SPECIALTY 050610 0510612010 135.00 135.00 145260 05/0612010 000037 TEXAS REFINERY CORP 847836 0412312010 1,000.23 1 145261 05/0612010 00531 TRACE ANALYTICS, INC C10 -2150 0312012010 150.00 150.00 145282 05/06/2010 006551 UNITED STAFFING ASSOC. 068820 0412812010 1,053.20 1 145263 0510612010 007814 MARGARET VOAIES 050610 0510612016 150.00 150.60 145264 05106/2010 005026 AMY WATANABE 043010 04/3012010 40.00 40.60 145265 05/0612010 000687 WAYNE'S TIRE, INC 792590 0412312010 663.49 663.49 145266 05/0612010 000599 LEE WILSON ELECTRIC 0285 04/27/2010 240.23 240.23 145276 0511312010 006498 JOHNNY APODACA 050710 05/07/2010 110.55 110.55 145277 05/1 312010 006507 AT &T 000001 322034 041251201 874 37 im CL ^ ice/ c� M 00 00 2) 145278 05/1312010 007823 ERNESTI E BAILEY 145279 05/1312010 000090 BRIBCO MILL & LUMBER 145230 05113/2010 000095 BURKE AND PACE OF I, 145281 05113/2010 003854 CCM1* - CA CITY MGT 145282 05/13/2010 006304 CDPH - OCP 145233 05/13/2010 003968 CENTRAL COAST 145284 05113/2010 007824 DULCE CHAVE 000001322037 000001322036 000001322030 000001322033 000001317191 051010 144511 144633 2401190 050610 051 A- 051010 0412512010 0412512010 04/2512010 04/25/2010 04/221201 0511 012010 04126/2010 0510512010 0411 412010 05/1212010 05/11/2010 04103/2010 05/10/2010 185.32 87.02 37.04 31.02 20.76 30.00 23.91 15.11 40.72 400.00 155. 106.00 600.00 1,244.53 30.00 30.02 40.72 460.00 1 55.00 108.00 600. Page: 6 im c� c� CL 0) M0 M c� c� 00 apCkHit 0511712010 : 9 M Check History Listing CITY OF ARROYO GRANDE Page: 7 Bank code. boa Check 9 Date Vendor 145285 05/1312010 000103 CHERRY LANE 145286 05/1312010 000174 COASTLINE 145287 0511 312010 006439 COLUMBIA CASCADE 145288 0511312010 007723 SCOTT CRAIB 145289 05/13/2010 007325 CRUZ ENTERPRISES ISE I TL 145290 0511312010 007548 CSG SYSTEMS IN 1 45291 0511312010 005091 JOHN DEERE LANDSCAPES 145292 0511312010 000203 J B D E'AI, IN 145293 05/1312010 007828 DRIVE CUSTOM 145294 05/1312010 007129 TERRY E1ER 145295 05/13/2010 006028 FIRST C ONTACT 9 -1 -1 LL 145296 0511312010 006023 FIRST C NTA T 9 -1 -1 L L 145297 0511312010 007826 CHASTITY FLETHER 145298 05/13/2010 004790 DEANNA FL Y D 145299 05/13/2010 000605 THE GAS CO MPANY 1 45300 05113/2010 007827 IRENE GIRGI Status Clear/Vold Date Invoice 27990 3968201 35886 -8 0512'10 1107 64337 5391 ?030 53872448 53833537 53922358 53930862 727459 747 746 05'1210 051210 0512 051 010 951210 514 -140 5/4 -2'11 510 -200 510 -2'14 5/0 -208 05/6 -111 051010 03129/2010 04123/2010 0412712010 0511212010 0412712010 04123/2010 04105/2010 04/01/2010 03129/2010 0410512010 04106/2010 0411 612010 0510612910 05/0512010 05/1212010 0511312010 08113/2010 05110/2010 05/12/2010 0510412010 08104/2010 05106/2010 05/0012010 05/06/2010 0510012010 08/10/2010 54,27 129.41 1,040.19 50.00 223.99 2,074.92 465.31 115.48 71.41 7.44 7.10 68.36 439.32 280.00 226.00 125.00 125.00 30.00 24 .00 199.+13 78.79 62.29 37.78 36.76 14.30 30.00 54.27 129.41 1,040.'19 50.00 2 2,074.92 060.74 58.36 7'19.32 225.00 125.00 125.09 30.00 24.99 419.96 30.00 Page: 7 Irv. Date Amount Paid Check Total 4 a kHi t K32117 Check History Listing 43.49 D P age: 05/17/2010 : 9AM CITY OF ARROYO GRANDE K30858 04/1512010 22.32 Bank code: boa L 11009 04/2712010 19.51 Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 145301 05113/2010 006053 RODNEY GRAY 05 05/1 2/2010 120.00 1 20.00 145302 0511312010 002358 GREAT WESTERN TEI N ALARM 100402323101 05/01/2010 23.00 28.00 145303 05/1312010 000296 HAM ON OVERHEAD DOOR 44935 04120/2010 233.12 233.12 1 45304 05/1312010 002405 CHUCK HARE 05 05112/2010 44.00 44.00 145305 05/13/2010 004133 EDDIE HARRIS 051210 05/12/2010 120.00 120.00 145300 05/1312010 005254 IC OP DIGITAL INC 14378 04/15/2010 9 9 145307 05/1312010 007299 GAST N KETTING O LIVIER 051210 05/12/2010 290.00 290.00 145308 0511 3/2010 005265 KI DZ LOVE SOCCER (D EA 201 O S P -1189 05/11/2010 1 1,578-50 145309 0511812010 007829 MISTY LAC KI E 051010 05/10/2010 80.00 30.00 145310 05/18/2010 004845 ,JOHN LAS N 051210 05112/2010 120.00 120.00 1 45311 05/13/2010 005511 CHRISTOPHER PHE LINTNER 051210 05112/2010 170.00 170.00 145312 05/1312010 001130 DOUG L I NTN E I 051210 0511212010 44.00 44.00 145313 05/13/2010 007830 LUCIA MAR UNI . TEACHERS 051010 0511012010 190.00 190.00 145314 05/13/2010 000393 LUCIA MAR UNIFIED SCHOOL 051310 05113/2010 15.00 15.00 145315 0511312010 007520 STEPHANIE MASTRO 051210 0511212010 68.00 66.00 145310 0511312010 006681 AMANDA MILLER 051010 05110/2010 30.00 30.00 145317 05/1312010 007831 LAURIE MINA 051010 05/1012010 80.00 30.00 145318 05113/2010 000429 MINER'S ACE HARDWARE, A E, 1' 3'1545 0412312010 11951 Page: K32117 04/2912010 43.49 D K30647 04/1312010 84.71 c� K30858 04/1512010 22.32 L 11009 04/2712010 19.51 K32138 04129/2010 15.20 K33167 04/15/2010 13.58 K31459 04/22/2010 9.77 278.59 �F o� Page: Page: 9 apDkH *Ist Check History Listing P 0511712010 : 9AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 145319 0511312010 009441 M ULLAHEY FORD 205938 95103/2010 35.94 35.94 145320 0511312010 004394 NATIONAL IMPRINT 1 04/2812010 274.48 274.48 145321 0511312010 000832 NET DAY SIGNS 7506 0412712010 108.78 108.78 1 45322 05/13/2010 005987 NORMAN & VASQUEZ P W 2009 -10 0511 312010 330.00 330.00 145323 0511 312010 000492 PETTY CASH PETTY CASH 051131201 95.17 95.1 145324 0511312010 004158 PH GROUP 032010157 0412012010 100.00 100.00 145325 0511 312010 002303 PRIMARY CARE DOG & CAT 77844 0413012010 882.34 382.34 145326 0511312010 003855 QUINN SERVICES 1220411 -001 0313112010 338.00 335.00 145327 0511312010 002870 RIDOH LEASING 5788441 0412412010 157.45 157.48 145328 05/13/2010 007832 ROSARIO ROJAS 051010 05/1 012010 285,00 288.00 145329 0511312010 004833 STEVE ROMO 051210 05112/2010 68.00 66.00 145330 0511312010 000538 GREG ROSE 051210 0511212010 240.00 240.00 145331 9511312010 000021 BLASE R S ELLEY 051210 0511212010 220.00 220.00 145332 0511312010 008594 LAWRENCE RUC ER 051210 0511212010 132.00 132.00 1 45333 05/1312010 003849 CHARLES D (DON) RUIZ 051210 0511212010 192.00 192.00 145334 05/13/2010 000538 S & L SAFETY PRODUCTS 971281 0412012010 892.88 892.85 145335 0511312010 0021 SAN LUIS PAPER CO 599162-00 0412612010 961.02 961.02 1 45338 0511 312010 008080 M ARTINA SARMIENTO 951210 05/13/2010 200.00 200.00 145337 8511312010 003 024 MARK SC HAF F E R 051219 05112/2010 180.00 180.00 D c� 145338 0511312010 994134 SELECTIVE SECURITY 8390 0412812010 95.00 95.00 CL 145339 05/13/2010 007792 TIM SHERIDAN 051210 0511212010 120.00 120.00 145340 0511312010 000552 SLO COUNTY 040710 04/0712010 414.00 414.00 F0 145341 0511312010 004860 TAMMY SMITH 951219 0811212010 100.00 100.00 Page: 9 a p kHi t Check History Listing Pa ge: 1 05/17/2010 8 :6 AM CITY OF ARROYO GRANDE Bank code; boa Check # Date Vendor Statue Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 148342 05113/2010 007229 DONALD SNYDER 051210 05/12/2010 200.00 200.00 145343 05/1312010 007749 SALVADOR SOTO 051210 05/12/2010 80.00 80.00 145344 0511312010 004393 SP MAINTENANCE 30902 05/0112010 6 5,994.40 145345 05113/2010 000509 BB SPEAK 051210 05/1212010 172.00 172.00 145346 05/13/2010 000620 STREAT R PIPE & SUPPLY 51149720. 01 0312412010 5.00 5.00 145347 0611 312010 002904 TEMPLET ON UNIFORMS 37173 0412612010 788.06 788.06 145348 05/13/2010 007833 PAULA TILLERIIAN 051 010 0511 012010 30.00 30.00 148349 05/1312010 000653 DOROTHY TRUL CK 050510 0510512010 614.40 614.40 1 45350 0511312010 000600 UNITED RENTALS 87164975 -001 0412112010 202.15 202.15 1 45351 05113/2010 006364 UNIVERSITY ENTERPRISES 051 210 05/1312010 103.04 103.04 145352 05/1312010 002137 VERIZON WIRELESS 0864004957 0412212010 67.74 67.74 145353 0511312010 007834 G INA WATKI N S. 051010 0511312010 30.00 30.90 145354 05113120/0 000688 VEST C VINA NURSERIES 38052 0312912010 435.00 435.00 145355 05/13/2010 000699 LEE WILSON ELECTRIC 295 0412712010 100.40 100.40 145355 05/1312910 000717 ZUMAR INDUSTRIES, INC 0121744 9412812010 8,115.43 8 .43 b Total. 666,407.04 156 ch ecks In thi re port Total Checks: 656,407.04 t� tD CL 0 � tD U3 tD F N� P 10 ATTACHMENT 2 CITY OF ARROYO RANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 411 1201 - 412912010 05/07110 FUND D 010 380, 983.31 FUND 220 18 FUND 228 1 FUND 284 1,239.04 FUND 285 1 FIND 812 3,854.12 FUND 648 10 345.00 A A W10 4A 5181 Salaries Full time 200 5102 Salaries Part - Time - PPT 24 5103 Salaries Part -Time - TPT 14,855-99 5105 Salaries OverTime 9 5107 Salaries Standby 345.00 5108 Holiday Pay 71997.25 5 109 Sick Pay 31325.63 5110 Annual Leave Buyback - 5 111 Vacation Buyback 112.88 5112 Sick Leave Buyback - 5113 V a c ati o n Pay 8 5114 Comp Pay 1 5115 Annual Leave Pay 8,452.18 5121 PES Retirement 73 5122 Social Se u rity 19, 348.87 5123 PARS Retirement 544.67 5126 State Disability Ins. 1,279.19 5127 Deferred Compensation 736.59 5131 Health Insurance 44204.94 5132 Dental Insurance 4,508.40 5133 Vision Insurance 1 5134 Life Insurance 548.51 5135 Long Term Disability - 5143 Uniform Allowance 5144 Car Allowance 675.00 5146 Council Expense - 5147 Employee Assistance - 5148 Boot Allowance - 5149 Motor Pay 150-00 5150 Bi- Lingual Pay 125.00 5151 Cell Phone Allowance 372.50 424,808-14 Agenda Item 8.a. Page 13 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.a. Page 14 , 4 jj kR0 yo INCORPORATE D 7. JULY 10. 19111* O N MEMORANDUM TO: CITY COUNCIL. FROM: ANGELA K AETS H, DIRECTOR OF ADMINISTRATIVE ATIVE SE VICE BY: MICHELLE MAYFIELD, TREASURER 0 k4 SUBJECT: CONSIDERATION OF STATEMENT OF INVESTMENT T DEPOSITS DATE: MAY 25, 201 RECOMMENDATION: DATI N: It is recommended the City Council receive and file the attached report listing the current investment deposits of the City of Arroyo Grande, as f April 3, 2010, as required b Government Code Section 3b. FINANCIAL IMPACT: There is no funding impact to the City related to this report. However, the City does receive interest revenue based on the interest rate of the investment(s). BACKGROUND: This report represents the City's investments as f April 30, 2010. It includes all investments managed by the City, the investment institution, investment type, book value, matudty date, and rate of Interest. As of April 30, 2010 the investment portfolio was in compliance with all State lavers and the City's investment policy. ANALYSIS OF ISSUES: The Director of Administrative Services has historically submitted to the City Council a monthly report, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc). 3. Date of maturity. 4. Principal amount. 5. Fate of interest. 6. Current market value for all securities having a maturity of more than 12 months. 7. Relationship of the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION of INVESTMENT T DEPOSITS MAY 25, 2 1 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Recommended Al ematr e - Approve staff's recommendation to receive and file the attached report listing the current investment deposits. - o not approve staff's recommendation - Provide direction to staff ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non- negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL TAL_ F EVIE If: No environmental review is required for this item. PUBLIC NOTIFICATION I AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. No public comments were received. Attachments. 1. Portfolio Summary: April 3, 201 Agenda Item 8.b. Page 2 ATTACHMENT 1 r C;17Y F CA L - IF CITY of ARROYO GRANDE Portfolio Management Portfolio Summary April 3 201 City of Arroyo Grande 214 E. Branch Bt. Arroyo Grande, CA 93430 Ph one. (805 )473;5400 I nterest Investments Book Val i nterest Fat Date PY D ate of P urc h ase Term Matu Data % of Portfolio Local A gency Investment F unds 16,758,941.21 0.588% 1.607% 96. 05% Cerftates of Deposit - Banks Golden Security Bank 98,900.98 4.40% October 9, 2098 76 0 October 9, 2019 0.82 First Federal Bank of California 99,900.90 2.53% September 18, 2099 7 31 September 21 2011 9.57% Redding Bank of Commerce 250, 000.90 2.40 September 21 2999 913 March 21, 2912 1.4310 First Republic Bank 258,990.99 3.00 November 9, 2999 36 mos November 9, 2912 1.43% Total Certificates of Deposit 889,900.90 3.95% D Total Investments 1 7,445,941.21 1 09.90 °l0 t� c� CL 0 t� c� co C4 Cr THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 4 0­ pAROY(5 �O INCORPORATED ig JULY 1 0. 1611 #FOR To: CITY COUNCIL MEMORANDUM FRO FROW ANGELA KRAETSCH DIRECTOR F of SERVICES ADMINISTRATIV SUBJECT: CONSIDERATION of FISCAL YEAR 2010-11 APPROPRIATION LIMIT DATE: MAY 25, 201 R ECOMMENDATION: It is recommended the City Council adopt the attached Resolution establishing the appropriation limit from t ax proceeds for Fiscal Y ear 2010- FINANCIAL IMPACT: There is no fiscal impact B ACKGROUND: Annually, the City is required to calculate the expenditure appropriation limit from tax proceeds to determine compliance with Propositions 4 (Gann Initiative) and 111 (spending Limitation Act of 1990). This calculation is based on the previous year's appropriation limit ($16,827,412) multiplied by the per capita personal income percentage increase ( .9746%) and multiplied again by the population percentage change .391. The State Department of Finance provides both the population change and the per capita personal income change for the previous fiscal year. ANALYSIS of ISSUES: The City is responsible for dividing citywi revenues bet tax and non -tax revenue and applying the formula to the cumulative appropriation limit. For Fiscal Year 2010 -11, the appropriation limit has been calculated to be $ 16 5 462 2 16 8 . This calculation means that the City cannot receive more than $16,462,168 in a - based revenues in Fiscal bear 2010 -11. The estirnated tax-based revenues for Fiscal Year 2010 -11 have been calculated to be $11,087',073, approximately $ million less than the appropriation limit. Therefore, the City is in compliance with Article XIIIB of the California Constitution. Agenda Item 8.c. Page 1 CITY COUNCIL CONSIDERATION ATI N F FISCAL YEAR 2010 -11 APPROPRIATION LIMIT MAY 25 2010 PAGE 2 ALTERNATIVES: ES: The following alternatives are provided for City Council consideration: - Adopt the Resolution to establish the appropriation limit for Fiscal Year 2010-11; - Do not adopt the Resolution; lution; - Provide direction to staff. ADVANTAGES: By adopting the Resolution to establish the appropriation limit for Fiscal Year 2010 -1'1, the City will be in compliance with Propositions 4 and 'I'I'I . DISADVANTAGES: There is no disadvantage identified in relation to this recommendation. ENVIRONMENTAL REVIEW: No environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Dail on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. No public comments were received. Attachment 1. Categorization of Estimated Revenue Agenda Item 8.c. Page 2 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO o o GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2010-11 WHEREAS, Sections 7900 et seq. of the Government Code provide for the effective and efficient implementation of Article X11113 of the California Constitution; and WHEREAS, EAS, Government Code sections 7901 through 7914 provide that each year, the governing body of each local jurisdiction shall by resolution at a regularly scheduled meeting, establish the annual adjustment factors to be used and the tax proceeds expenditure appropriation limit, NOW, THEREFORE E E IT RESOLVED, by the City Council of the city of Arroyo Grande as follows: 1. The California per capita income and the population of San Luis Obispo county, California are recognized as the annual adjustment factors for Fiscal Year 2010 -11. 2. The appropriation limit for Fiscal Year 2010-11 is hereby set at Siteen million, four hundred and sixty -two thousand, and one hundred and sixty -eight dollars ($16,462,168). 3. Documentation used in determination of the tax proceeds expenditure appropriation limit is attached hereto, as Exhibit A, incorporated herein by this reference. 4. This Resolution is effective on its data of adoption. O 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 day of 7 2010. Agenda Item 8.c. Page 3 RESOLUTION I . PAGE 2 TONY FE F AF A, MAYOR ATTEST: KELLY WET MORE, E, CITY CLERK APPROVED AS TO CONTENT: TEI T: STEVEN ADAMS, CITY MANAGER EF APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.c. Page 4 Exhibit CITY OF ARROYO GRANDE CALCULATION OF APPROPRIATION LIMIT FROM TAX PROCEEDS FOR FISCAL YEAR 2010 -1 i Appropriation limit for 2009-10 $ 16. ,827 Multiplied y the appropriation limit charge actors Per Capita Personal Income Change: -2.54% Conversion to ratio: - 2.54% +100 0.9746 too Population Change: 2009 17,00 2010 17 0.3791% Charge 65 Conversion to ratio: 65 .3791+100 1.00379 17,145 100 APPROPRIATION LIMIT FOR FISCAL YEAR 2018 -11 S 16, ESTIMATED 18 -11 PROCEEDS OF TARES SUBJECT T APPROPRIATION LIMIT S 11 Agenda Item 8.c. Page 5 Attachment 'I CITY OF ARROYO GRANDE RIZ4 TION OF ES TIMA T RE VENUE Fines M.. Code Fines Local Ordinance/Parking Use of Pr t�ert Rent NSF Feesr.Bur.oll. Aid From Other Gov't Aizencies M.V. License Fees Homeowners Prop.Tax Relief P..S.T. Rirnb. Other Subvention Mandated Cost Recovery P.D.Officer Grant/Sharing Other Grants Gas T Streets Revenues 1,230,000 33,800 291,000 256,431 Charges For Current Services C ommunity Development nt Fees Safety Impact Fees Recreation Program Fees Public Access Fees S ewer Utility Billings Park Development Fees District Assessments Traffic Signal Assessment Transportation Facility Impact W ater Neutralization Impact Fees In -lieu Affordable Housing O ther Current Services Non Proceeds From Taxes 11 0 175,600 42,20 82,000 29,500 243,000 2,250 20,000 225,300 396,570 110,400 14,500 674,00 46,000 962,700 39,300 72,100 5,000 15,000 13,000 0 94, Agenda Item 8.c. Page 6 Proceeds Revenue Sources From Taxes Taxes Property Tax 3441,300 Sales Tax 4 Sales Tax - Safety T ransi ent O Tax 5 50 Business License Tax 80,000 Othe Takes 665 Licenses and Permits Building Dept. Permits Other Licenses and Permits Fines M.. Code Fines Local Ordinance/Parking Use of Pr t�ert Rent NSF Feesr.Bur.oll. Aid From Other Gov't Aizencies M.V. License Fees Homeowners Prop.Tax Relief P..S.T. Rirnb. Other Subvention Mandated Cost Recovery P.D.Officer Grant/Sharing Other Grants Gas T Streets Revenues 1,230,000 33,800 291,000 256,431 Charges For Current Services C ommunity Development nt Fees Safety Impact Fees Recreation Program Fees Public Access Fees S ewer Utility Billings Park Development Fees District Assessments Traffic Signal Assessment Transportation Facility Impact W ater Neutralization Impact Fees In -lieu Affordable Housing O ther Current Services Non Proceeds From Taxes 11 0 175,600 42,20 82,000 29,500 243,000 2,250 20,000 225,300 396,570 110,400 14,500 674,00 46,000 962,700 39,300 72,100 5,000 15,000 13,000 0 94, Agenda Item 8.c. Page 6 CI'T'Y OF ARROYO GRANDE CA TEG ORM ! ION OF ESTIAM TED RE VENUE Proceeds Non Proceeds Revenue Sources From Tars From Taxes hares For Current Services Sewer Facility Charges 71 ) 000 Hydrant Water 700 Water Utility Billings 3 Meter Installations 5 Water Avail. barges 179000 Lopez Utility Billings 2 Water Distri A4ain Charges 20,000 Taxi Coupon Sales Assessments - Parting District 91000 Other Revenue Sales of Property 1 Expenditure Recovery 167 Miscellaneous Other Revenue 77 Total Revenue, Not Including Interest M988 11,762,040 Interest Percentage 48.30% 51.70% Interest % Applied 91,917 105 Total Revenue, Including Interest 11 11 Grand Total Budget City Revenue 22,954,996 Agenda Item 8.c. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.c. Page 8 INCORPORATED MEMORANDUM ANDUM i JULY to. 1811 TO: CITY COUNCIL FROM: ANGELA K AETSCH DIRECTOR OF ADMINISTRATIVE E SERVICES SUBJECT: CONSIDERATION F APPROVAL OF THE CITY OF ARROYO GRANDE INVESTMENT POLICY DATE: MAY 25 2010 RECOMMENDATION: It is recommended the City Council a p prove the City of Arroyo Grande Investment Policy. FINANCIAL IMPACT: There is no funding impact to the City related to this policy. However, the City does receive interest revenue based o the type o f investments it pursues. BACKGROUND: Attached is the City Ts Investment Policy, which was reviewed by the City Council on April 14, 2009. In the past, California Government Code Section 53646 required that an Investment Policy be presented to the Council on an annual basis. Beginning January 1 2007, it was no longer required by statute that the treasurer or chief financial officers of local government entities annually submit a statement of investment policy to their governing body. Ho wever, it is highly recommended by both the Association of Public Treasurers of the United States & Canada and the Government Finance Officers Association GFA. ANALYSIS OF ISSUES: It is in the best interest of the City if staff continues to prepare the policy and present it to the Council on an annual basis for review. The City's Investment Policy authorizes only the more conservative investments, requires monthly investment reports to City Council, and requires that the due diligence of a ;`prudent person" be followed in the investment of City funds. Also attached is a Resolution authorizing the City Manager, Accounting Supervisor, City Treasurer, and Director of Administrative Services to deposit or withdraw funds on behalf of the City o Arroyo Grande, from various financial institutions. The previous Resolution Igo. 4005 was adopted on April 10, 2007 and listed the Director of Financial Services. Due to the recent reorganization, the title o Director of Financial Services has changed to Director of Administrative Services. In addition, this Resolution includes the City Treasurer which was inadvertently left off of the previous resolution. Agenda Item 8.d. Page 1 CITY COUNCIL APPROVAL of THE CITY INVESTMENT POLICY MAY 25, 201 PAGE 2 The purpose of the Investment Policy is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment- related activities. The ultimate goal is to enhance the economic status of the City of Arroyo Grande while protecting its cash resources. The investment policies and practices of the City of Arroyo Grande and the Arroyo Grande Redevelopment Agency are based on State lave and prudent money management. All funds will be ingested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code. ALTERNATIVES: The following alternatives are provided for City Council consideration; - Approve the Investment Policy; Do not approve the Investment Policy; Modify Investment Policy and approve; Provide direction t o staff. ADVANTAGES: The investment policy provides staff with guidance when pursuing investment opportunities. In addition the policy establishes the specific investment goals of the City which are safety, liquidity and yield. DISADVANTAGES: There are no identified disadvantages related to the approval of this policy. However, there is some level of risk in any investment transaction. To minimize such risks, diversification of the investment portfolio by institution and by investment instruments when possible is recommended in the City's Investment Policy. ENVIRONMENTAL REVIEW: No environmental review Is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. No public comments were received. Attachment: - City of Arroyo Grande Investment Policy Agenda Item 8.d. Page 2 RESOLUTION N .� RESOLUTION F THE CITY COUNCIL OF THE CITY F ARROYO GRANDE DE AUTH RIZING THE DEPOSIT OF CITY FUNDS IN VARIOUS US FINANCIAL INSTITUTIONS WHEREAS, EAS, the City o f Arroyo Grande normally has excess funds not currently needed to fund operating ependiture, and such e funds are c urrently deposited by prior a greement With various financial institutions including, but not limited to the State Local Agency Investment Fund LAI F ; WHEREAS, E S, G vernment Code Section 53635 distinguishes between ''deposits" and "'investments", and specifically provides that City monies haMll be "'deposited" in State o National banks, o r State or Federal savings and loan associations; r may be "ingested" in specified instruments; and WHEREAS, eligible financial institutions would include banks and savings and loans, primarily for active demand deposits (checking accounts and passbook savings), inactive deposits (non - negotiable time certificates), and investment instruments. NOW, THEREFORE i E BE IT RESOLVED L'VE by the City Council of the City o Arroyo Grande a follows: 1. That the City of Arroyo Grande employees in the positions listed below, are hereby authorized to enter into agreements to deposit o withdraw money from finaniarl institutions located in California, including United States branches o f foreign banks licensed to business in California, upon a determination of financial soundness of such finan institutions, by the City of Arroyo Grande. Director o Administrartive Services City Treasurer Accounting Supervisor City Manager 2. This Resolution supersedes Resolution 4005 darted April 10, 2007 and any and all other resolutions inconsistent herewith. O n motion f Council Member seconded by Council Member and on the following roll call vote, to grit: AYES: NOES: ABSENT: the foregoing Resolution was parsed and ad this day o f , 20'10. Agenda Item 8.d. Page 3 RESOLUTION N . PAGE TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORMA: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.d. Page 4 1 7 l _ i 1 CITY OF ARROYO GRANDE UM'. r r AMY 25, 2 010 k Prepared by the Adnu*rdstrative Services Department aen a Item B.d. Page 5 TABLE OF CONTENTS I nves tment Policy ............ rrt ssss.... 00rr rr... ... ........ I I Investment *....... . ...alai �.* a�� * ■���rrrrrrrr,..•rraa�rrrrai r * * ■a��rrraa�rrr ■•a���rrrrr• 1 P rudence Standard ..................rrr............rrrrrrrr.........aaarrarrrrr. r.........rrrr aa..r..... ............................... 2 Areas of Investment Policy: I • Authorities, Control, and C are rrrrr..■......rrrrrr .... aar.. r ............. II. Portfolio Diversification E ligible Fi Institutions • ..... a r ............................. r r r r a ............ . ............ 4 4 q, m m r r r C o d e Authorized Instruments and Portfolio Limita . r. r... r..... r. r . Safekeeping ........ r .......................... r ....... a. r r .... r .... r r r. r .......... r. r. r ...... r City Pl acement ra is L ......... ..............rrrrrr ......................... ............................... 111■ C ash Ma agement and Maturiti ......r ...................r........ ......... ............................... Investment Reporting, rting, Policy Review and Effective Po licy Term ....... Aaenda Item 8.d. Page 6 CITY OF ARROYO GRANDE STA TEMENT OF INVESTMENT POLICY Investment Po The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process and to organize and formalize investment- related activities. The ultimate goal is to enhance the economic status of the City of Arroyo Grande while protecting its cash resources. The investment policies and practices of the City of Arroyo uncle and the Arroyo Grande Redevelopment Agency are based on state law and prudent money management. All funds will be invested in accordance with the City's Investment Policy and the authority governing investments for municipal governments as set forth in the California Government Code. Investment Objective The investment objective of the City of Arroyo Grande is to t imi e the following goals: • Safety • Liquidity • Yield Safety of principal is the foremost objective of the City. Investments shall he undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Investment decisions should not incur unreasonable credit or market risks in order to obtain current investment income. Credit risk is the risk of loss due to the failure of the security issuer or broker. Market risk is the risk that the market value of securities in the portfolio will fall due to changes in general level of interest rates. The City's investment portfolio will remain sufficiently liquid to enable the City to meet its cash flow requirements. Liquidity of the investments guarantees the City's ability to meet operating expenditures. The City's investment portfolio shall he designed with the objective of attaining a market rate of return on its' investments consistent with the constraints imposed by its safety objective and cash flow considerations. Yield is to he a consideration only after the basic requirements of safety and liquidity have been met. Optimization means striving to achieve a balance between all three objective goals. Should a demand be perceived to prioritize the three goals, they are listed in preferred order. 1 Aaenda Item 8.d. Page 7 Prudence Standard The standard of prudence to be used by the Treasurer and/or deputy shall be the "prudent person rule" and shall be applied in the context of managing City investments. Persons acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual investment loss, provided that deviations are reported in a timely fashion, and appropriate action is taken to control adverse developments. ,Areas of Investment Poh Authorities Control and Care: 1. The City Treasurer may appoint a Deputy with the responsibility f or the ind pl acement of monies in deposit/investment transactions. 2 . The Director of Administrative Services has been authorized, via Resolution #4005, to establish deposit and investment agreements and undertake deposit/investment transactions on behalf of the City of Arroyo Grande. 3 . The Administrative Services Department is responsible for implementing this policy, and maintaining a system of internal control designed to prevent employee error or imprudent actions, misrepresentation by parties to an investment agreement, fraud, or unexpected changes in the financial market place. 4. Mate of California Government Code Sections 53600 et sect. 53683 and 16429.1 regulate the deposit/investment activities o f general law cities (S ee Sec. 53635 and 16429.1). Based upon the relatively small size of the City's portfolio, the C does not utilize a professional investment mana Father, Arroyo Grande's investment program is simply a part of the Ci ty's fi management activity. 5 . The Treasurer and/or deputy shall use good judgement and care as a "prudent person' would, when entering contracts for deposits and investments, and when lacin individual l� g investment t ransactions. Such care is that which would be exercised by a person concerning his/her own affairs; airs; not for speculation, but for safe investment and earned interest. Some level of risk is present in any investment transaction. fosses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non negotiable Time Certificate of Deposit early, or even the default of are issuer. To minimize such risks, d iversification of the investment portfolio by institution and by investment instruments will be used as much as is practical and prudent. 2 aenaa item ti.a. Page 8 Portfolio Diversification 1. Eligible Financial Institutions: Government C Section 53635 distinguishes between "deposits" and "investments ". It provides that "as far as possible" City monies shall be "deposited" in Mate or National barks, or State or Federal savings and loan associations; or may be "invested" in specified instruments. Thus, eligible financial institutions would include: A . Barks plus savings and loans, primarily for active demand deposits (checking accounts and passbook savings) and inactive deposits (non - negotiable Time Certificates), also for investment instruments. See Government Code Sec. 53638 for maximum deposit limitations for bps and savings and loans, involving bad paid up capital and saving and loan net worth. . Brokers and issuers, for various investment instruments listed below. 2. Code Authorized Instruments and Portfolio Limitations: A . Instruments and Portfolio Limitations are authorized as provided in Government Code Section 5 3 63 5 and 16429. 1, as follows: 1 Bonds issued by the C of Arroyo Grande. N o limit. 2) U.S. Treasury Dotes, bonds, gills, or other certificates of indebtedness. The maximum maturity shall not exceed Five years. 3) California Mate registered notes, bonds, or warrants. Maximum maturity of five years. 4) Other local agencies within California, bonds, notes, warrants, or other in debtedness. Five year maximum maturity. 5) Obligations issued by Federal agencies such as Federal Horne Loam funk ( FHLB), Federal Horne Loan Mortgage Corporation FHLMC , Federal Farm Credit Bank FFCB , etc. Limited to a five year maximum maturity. 6) Barker's acceptances (bills of exchange or time drafts) drawn on and accepted by a commercial bank, and which are eligible for purchase by the Federal Reserve System. These are limited to 40 percent of the City's surplus funds, and limited to 180-day maximum maturities. 7) Commercial paper of "prime" � duality, as rated by hood 's Investor Service or Standard and Poor's Corporation. These are limited to 25 percent of the City's Agenda Item 8.d. Page 9 portfolio, and limited to 270 -day maximum maturities, plus some other qualifications. 8 FDIC insured or fully collateralized time certificates of deposit in financial institutions located in California, including m*ted States branches of foreign banks licensed to do business in California. The maximum maturity of a time deposit shall not exceed five years. 9 Negotiable Certificates of Deposit, issued by either a National or State bank or a state or federal savings and loan provided that the senior debt Obligations of the issuing institution are rated "A" or better by body's or Standard I r' . The maximum maturity of a negotiable certificate of deposit shall not exceed five years. Purchase of negotiable certificates of deposit may not exceed 20 percent of the book value of the City's portfolio. 10 Repurchase agreements or reverse repurchase agreements, whereby the seller of securities will repurchase then on a specified slate and for a specified amount. The maximum maturity of a time deposit shall not exceed one year. 11 Local Agency Investment Fund, State of California, per Government Code Sec. 16429. 1. Fooled monies of various agencies within California. Account size is limited to a minimum of $5,000 ( unless bond proceeds) and a maximum limit of 0 million. Safekeeping of Securities: To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank trust department. Designated third party shall act as agents for the City under the terms of a custody agreement. All trades executed by a dealer will settle delivery vs. payment (DVP) through the City's safekeeping agent. Investment officials shall be bonded to protect the public against possible embezzlement or malice. Securities held in custody for the City shall be independently audited on an annual basis to verify investment holdings. City Placement Practice: 1. The following financial institutions will be used by the City of moo Grande, for non - negotiable Time Certificates of Deposit: a Commercial barks having offices in the State of California. b Savings and loans maintaining offices in the State of California. 4 Agenda Item 8.d. Page 10 2. The State of California Local Agency Investment Fund L.A.I.F. will be utilized, to pool current surplus City monies for demand deposit earnings. 3. For other investment instruments, three institutions may be selected from a list of qualified primary or regional broker /dealers qualifying under SEC rule 15c3-1 (uniform net capital rule). Broker /dealers must be licensed in the State of California and be headquartered or maintain a branch office in the Mate of California. All brokers/dealers shall carry Errors and omissions insurance with a limit of not less than $1,000,000 per occurrence. Proof of existence of said insurance shall be provided to the City at its request and the City shall be notified if the policy is cancelled or coverage is reduced below $1 NOW. 4. Prior to establishing a contract for deposit of monies per Sec. 53649, or placing an individual investment, the credit - worthiness of each financial institution will be determined. As a minimum, the ratio of net worth (equity) to total assets shall be 3.0% or more. 5. No more than % of the City's available surplus shall be Placed with any one financial institution (excluding the Mate L.A.1.F. and government agency issues). 6. No more than 0% of the City's available surplus shall be Placed with savings and loan institutions. 7. The City, as authorized in Government Code Sections 53635 and 16429.1, may use all deposit and investment instruments; except repurchase and reverse repurchase agreements shall not be used. However, non - negotiable time certificates with commercial hams and savings and loans, plus deposits in the Mate Local Agency Investment Fund, will be the primary instruments used by the City, along with possible U.S. Treasury bills and bankers acceptances. 8. Collateral security on Certificates of Deposit will be provided in accordance to Government Code Sections 53651and 53653 by the commercial banks and savings and loans, at 110% when government securities are used, or at 150% when promissory notes secured by 1 st mortgages or I st trust deeds on improved residential real property located in California are used. 9. Individual placements of deposits and investments will be made based upon highest gate quotes, in most t instances. 10. Within the context of any portfolio limitations and quoted rates, deposits shall be distributed between institutions as evenly as practical or possible. S Agenda Item 8.d. Page 11 Cash Management and Maturities 1. A maximum investment of all City monies, not needed to meet current cash flog needs, will be maintained as closely as practical. A sufficient compensating balance will also be provided, regarding the City's banking service agreement. 2. All monetary resources will be pooled for investment loses, to maximize interest earnings, which will be periodically allocated to the various finds of the City based upon average cash balances at month en ds. No interest will be credited to individual accounts within the various fends. 3 . Time deposits and investments will be held to maturity, unless it is absolutely necessary to sell an investment early due to an unexpected liability. 4 . Maturities of deposits and investments will be scheduled in such a manner as to provide steady stream of available cash to meet cash flow needs. The California State Local Agency Investment Fund deposits of the City of Arroyo Grande are available on a - day /next -day telephone call basis. Investment Reporting, Policy vi l v and rr.r� Effec tive ,Policy Tern An Investment Folio is no longer required by statute. However, it is highly recommended by both the Association of Public Treasurers of the United States & Canada and the Government Finance Officer Association GFO. It is in the best interest of the City to prepare, present and discuss the Investment Polley with the City Council on an annual basis. In addition, a monthly report is submitted to the City Council, providing the following information: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc). 3 . Date of maturity. 4. Principal mount. 5 . Rate of interest. 6 . Current market value for all securities having a maturity of more than 12 months. 7 . Relationship of the monthly report to the annual statement of investment policy. The City's independent certified public accountant shall review and make recommendations, when appropriate, regarding the City of Arroyo Grande's investment policy. on Agenda Item 8.d. Page 12 MINUTES REGULAR ULAI MEETING OF THE CITY COUNCILIF EDEVEL PMEI T AGENCY TUESDAY, APRIL 27, 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDE Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at . . 2 R OLL CALL City Council / DA: Council/Board Member Chuck Fellows, Coun iliBoard Member Ed Arnold, Council/Board Member Joe Costello, Mayor Pro TemNi a Chair Jim Guthrie, and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tire Carmel, Director of Legislative and Information Services /City Clerk belly Wetmore, Chief of Police Steve Annibali Community Devel pment Director Teresa McClish, Associate Planner Kelly Hettern n, and Building Official J hnathan Hurst. 3 . FLAG SALUTE Zack Braun, representing Central Coast Masonic Lodge #237, led the Flag Salute. 4. IN Pastor Robert Banker, Open Door Church, delivered the invocation. Mayor Ferrara stated there had been a request from Council Member Arnold to have Item 15, Council Communications, moved up as the next Agenda item and he would grant the request. 15. CITY COUNCIL MEMBER ITEMS Council Member Arnold announced his resignation from the City Council, stating that it was a very sad time for him. He reflected on his last six years on the Council and the two years prior to that on the Planning Commission which he has enjoyed. He acknowledged that he has become a distraction to the City which is not beneficial to anyone. He said that the events of the past six months have been distressing and he hoped that in the end everyone would see he was not the bad guy as depicted in the press, but until then, he did not see how he could effectively serge the City. Mayor Ferrara stated that despite the circumstances, the Council acknowledged and thanked Council Member Arnold for his gears of service to the City. Council Member Arnold stepped down from the dais and left the meeting. 5 . SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Recognizing May 2010 as "Bike Month". Mayor Ferrara presented an Honorary Proclamation recognizing May 2010 as "Bike Month" and May 17-21, 201 as Bike to if rk and School Week. Jim DeCecco, representing I ideshare, accepted the Proclamation and announced a Bike Month dick -Off Party to be held Saturday, May 1 f 2010 from 1: 00 p. m. to 4:00 p.m- at Branch Street Deli in the Village. Agenda Item 8.e. Page 1 Minutes: City Council /Redevelopment Agency Meetin Tuesday, April 27, 2' Page 5.b. Mayor's Commendation Recognizing Angela Kraetsch, Administrative Services Director. In the absence of Administrative Services Director Kraetsch due to illness, Mayor Ferrara postponed the Mayor's Commendation to the next meeting. 8. AGENDA REVIEW 6.a. ordinances Read in Title only. Council /Board Member Fellows moored, Council /Board Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be warred. 7. CITIZENS' INP T COMMENTS., AND SUGGESTIONS Gary Fowler San Luis Obispo resident, referred to the lighted street signs located at Oak Paris Boulevard and James Way, and West Branch Street and Rancho Parkway, and stated that they have not been working for some time. He noted that attempts to contact the contractor were made without response, and he felt the signs are too expensive to not be maintained by the contractor. 8. C AGENDA Mayor /Chair Ferrara invited members o f the public who wished to comment on any Consent Agenda Item to do so at this time. Tim Moore, Fair Oaks Avenue, expressed concern regarding Item 8.1. (Revised Purchase and Sale and Improvement Agreement with NAT Commercial with regard to the bond amount and tic eframe for posting, as well as the timeframe for the buyback period and requested this item be revisited Mike McConville, East Branch Street, expressed concerns regarding Item 8.h. (Lucia Mar Unified School District Stanley Avenue Project) with regard to the bioswaie, landscape and building maintenance issues; equipment and parking issues; drainage; and ADA handrail requirements. He requested the item be continued for further regrew. Upon hearing no further comments, Mayor /Chair Ferrara closed the public comment period. in response to public comment, City Attorney Carmel clarified the issue of underlying security ant item 8.1. (Purchase and sale and Improvement Agreement) stating that the offer to buy back the building carne to the City gratuitously from the applicant and the City was in no position to demand any additional security or to change the type of security investment. He stated the agreement had already been negotiated, the buyback offer was a show of good faith, and an offer o f a security interest in the form of a bond may have been discussed; however, the agreement calls for a requirement to post a $600,000 trust deed on property with sufficient equity to secure a good faith obligation to perform under the repurchase provision. Council Member Fellows requested Items 8.e., 8.h., and 8.1. be pulled. Action: Council/ Board Member Costello moved, and Council /Board Member Fellows seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.e., 8.1h. and 81, with the recommended courses of action. The ,notion passed on the following roll - call vote: Agenda Item 8.e. Page 2 Minutes: City CouncillRedevelopment Agency Meeting Page 3 Tuesday, Agri! 27, 2 AYES: Costello, Fellows, Guthrie, Ferrara NOES: None ABSENT: Arnold 8.a. Cash Disbursement Ratification. Action. Ratified the listing Of cash disbursements for the period April 1, 2010 through April 15, 2010. 8.b. Consideration of statement of Investment Deposits. Action: Received ived and filed the report Of current investment deposits as Of March 31, 2010. 8*. Consideration of Adoption of a Resolution to ratify and Confirm the City's Election to Deceive, and Continue to Receive, its statutory Pass - Through Payments from the Arroyo Grande Redevelopment Agency Under Health & safety Code section 33807.5. Action: Adopted Resolution No. 4271 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DE RATIF ING AND CONFIRMING THE CIT "S ELECTION TO RECEIVE, E, AND To CONTINUE TINT E I ECEIVII G, ITS STATUTORY R PASS-THROUGH GH YII EI T FROM THE ARROYO GRANDE REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33807.5'. 8.d. Consideration of Approval of 'Minut s. Action: Approved the minutes Of the Special City Council Meeting Of March 29, 2010 and the Regular City Council/Redevelopment Agency Meeting of April 13, 2010, as submitted. 8.f. Consideration of an Award of Contract to Granite Construction Company for Construction of the West Branch Resurfacing ing Project, PW 2008 -08. Action: 1 Awarded a construction contract for the West Branch Street Resurfacing Project to Granite Construction Company in the amount of $820,764; and 2 Authorized the City Manager to approve change Orders for 10% Of the contract amount., $82,076, for unanticipated costs during the construction phase Of the project. 8.g. Consideration of an Award of Contract to Perravanti Grading & Paging for Construction of the Pearw od Avenue Rehabilitation Project, PW 2010-03. Action: 1 Awarded a contract for the Pearw00d Avenue Rehabilitation Project t0 Ferravanti Grading & Paving in the amount of $98,860; and 2 Authorized the City Manager to approve change orders for 10% of the contract amount, $9,890, for unanticipated costs during the construction please of the project. 8.i. Consideration of a Resolution Rescinding the Approval of the Mitigated Negative Declaration, Vesting Tentative Panel Map Case No. 05-001 and Minor Exception Case No. -008 (805 Eman Court). Action: Adopted Resolution No. 4273 as follows: ""RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE VACATING, G, SETTING ASIDE AND RESCINDING THE APPROVAL OF A MITIGATED NEGA TI E DECLARATION, VESTING TENTATIVE PARCEL MAP CASE NO. -001 AND MINOR EXCEPTION CASE NO. 05-x08 (805 EMAN CG RT ) + 8.'1 . Consideration of a Resolution Approving a Third side Letter of Agreement to the Service Employees International Union Local 820 Memorandum of Understanding. Action: 1 Adopted resolution No. 4274 as follows: "A RESOLUTION OF THE CITY COUNCIL F THE CITY OF ARROYO GRANDE APPROVING A THIRD SIDE Agenda Item 8.e. Page 3 M inutes: City Count llRedevelopment Agency Meeting Tuesday, April 2010 Page LETTER F AGREEMENT To THE sERv10E EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM OF UNDERSTANDING and 2 Authorized the City Manager er to execute the Agreement. 8.k. Consideration of Acceptance of Easements and Approval of Conservation Easement Agreement Between the city and the County of San Luis Obispo. Action: 1 Adopted Resolution No. 4275 as follows: "A RESOLUTION of THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A GRANT DEED FOR THE PUBLIC SAFETY FACILITY PROPERTY LOCATED WITHIN THE INCORPORATED AREA OF THE CITY OWNED By THE COUNTY of SAN LUIS ISPO ( APN 007-011446)"'; and 2 Resolution e lution 1 . 4276 a follows: ""A RESOLUTION O THE CITY COUNCIL of THE CITY OF ARROYO GRANDE ACCEPTING A QUITCLAIM DEED FOR THAT PORTION OF PECAN PLACE WITHIN THE INCORPORATED AREA of THE CITY OWNED BY THE COUNTY OF SAN LUIS L ISP (APN 077 - 192 - , and 3 Approved the Conservation Easement Agreement between the City and the County. ITEMS PULLED FROM THE CONSENT T AGENDA 8.e. Consideration of First Amendment to Contract for Animal Services. R ecommended Action Approve the First Amendment to the Contract for Animal li Services with the County of San Luis Obispo not to exceed the amount of $1 36,624 an authorize the Mayor to execute the Agreement. In re sponse r re nse to a nest from Council Member Fellows, Chief Annibali provided an update on animal � services, explained lamed that a corn mittee had been formed to review the animal services program, accounting methodologies$ and the potential for a future decrease in costs for animal services. He explained that the proposed amendment to the original Agreement was requested by the County to close out this fiscal year. Action: Council Member Fellows moved, and Council Member Costello seconded the motion to appro Item 8.e., with the recommended course of action. The motion passed on the following roll -call vote: AYES: Fellows, Costello, Guthrie, Ferrara NOES: None ABSENT: Arnold 8.h Consideration to Adopt a Resolution Accepting Certain Improvements for Conditional Use Permit I. 8 -008 in Connection with the Lucia Isar Unified School District Stanley Avenue Project. Recommended mmended Action: Adopt a Resolution accepting certain improvements for Conditional Use Permit 06-006 located on Stanley Avenue, South of Huasna road and release the bond guaranteeing the improvements. Council Member Fellows stated he shared the concerns expressed during public comment and had met with staff and Mr. Baker from Lucia Mar Unified School District at the site. He referred to the drainag e and inquired what type of filter was required in the pipes to keep the silt and pollutants out of Agenda Item 8.e. Page 4 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, April 2 7 201 Page the creek. Director McClish briefly responded regarding conditions of approval for the project relating to construction of the bioswale; deferred questions regarding the filters to the Lucia Mar representative; and addressed issues and concerns regarding the pedestrian walkway along Stanley Avenue. Council Member Fellows stated the issues surrounding the walkway are significant and suggested pos tponing approval of the project in order to address the issues relating to the walkway. � g pp Further discussion ensued regarding drainage. Kevin Baker representing Lucia Mar Unified School District, responded to the concerns expressed e_ regarding drainage; maintenance of the site; that the handrails are ADA approved; that fill -in plants � g g along the fence are to be planted; that there is no oil changing at this location; that striping of the pa ridng lot still needs to be dome; that the proposed decomposed granite DG path was a problem, waver, the District would b amendable to a walkway; that the project i 98% done and the District ho doe not want to re -bond; and noted that the filters in the pipes are inspected every three months. Manager Adams ��y g ' recommended that the Council approve the stern contingent upon the Distract roared b the �or�rr�runit adding delineation of a pedestrian area and path that would need to be app y g Development Director. Action: n: Council M ember Fellows moved to approve Item 8.h. contingent upon the Lucia Mar Unified School District and the City working together to reestablish the walkway and adopt Resolution tion No. 4272 as follows: "A RESOLUTION N F THE COUNCIL IL F THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN IMPROVEMENTS FOR CONDITIONAL USE P NO. -006; LOCATED O STANLEY AVENUE SOUTH OF H ASNA ROAD; APPLICANT. LUCIA MAR UNIFIED SCHOOL DISTRICT". Council Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Fellows, Costello, Guthrie, Ferrara NOES: None ABSENT: Arnold 8.1. consideration of Revised Purchase and sale and Improvement Agreement with NKT Commercial for Acquisition of Property at 300 East Branch street and sale and Development of city Property at 200 and 208 Past Branch street and the Adjacent Paring Area. Recommended Action Approve the revised Purchase and Sale and Improvement Agreement with NIT Commercial. Council Member Fellows stated he did not feel this item should be on the consent Agenda and referred to Page 8 of the minutes in Agenda stern 8.d. from the March 29, 2010 Special Council M eeting � g e tin regarding council Member Costello ois motion as it related to repurchase of the building by NKT Commercial within sic years. He noted that the Agreement states "between to y ears and sic years which seems like a substantial change. City h nager Adams explained that i +r s based ors , the o ffer from Mr. Tompkins, which was clearly two to sic years. Council Member Costello stated he propo had no issues with the language and provided clarification on the intent of his motion to Agenda Item 8.e. Page 5 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, Apill 27, 2010 Page accept Mr. Tompkins' good faith offer. city Attorney Carmel noted that if the revised Agreement was not approved, them was an existing, approved Agreement in place without a buy -back provision. Council Member Fellows noted he believed the buyback provision was not a benefit to the city after the City does a half million dollars worth of improvements to the building, wait two years, or maybe the market turns around, because the Cfty would never exercise that provision under those conditions, and therefore he did not support the proposal. Action: council Member Costello moved, and Mayor Pro Tern Guthrie seconded the motion to approve Item 81, as amended, with the recommended course of action. The motion passed on the following roll -call vote; AYES: Costello, Guthrie, Ferrara NOES: Fellows ABSENT: Arnold 9 . PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Request west for Resignation of council Member Arnold and Review ► of Recall and Replacement Process. Mayor Ferrara stated that in light of Council Member Arnold's resignation, the focus of the report would be on the replacement process. City Attorney Carmel presented the staff report and recommended the council review the information and provide staff with direction on the process to fill a council vacancy. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council comments ensued in support of an appointment to fill the vacancy of Council Member instead of calling for a special election; a suggestion for conducting a public forum for applicants to involve public participation and input in the process; and discussion concerning the use of an application and what information should be required concerning background and qualffications. Mayor Pro Term Guthrie moved to schedule a Special Meeting of the City council to consider the nomination process for filling the Council vacancy on Wednesday May 5, 2010 at 7:00 p.m. council Member Costello seconded, and the action passed on the following roll -call vote: Agenda Item 8.e. Page 6 minutes: city CouncillRede elopment Agency Meeting Page Tuesday, April 2., 2010 AYES: Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: Arnold 1 1.b. consideration of Greenhouse Gas Emissions Inventory Deport for the city of Arroyo Grande. Associate Planner Heffernon presented the staff report and recommended the Council receive the presentation and file the Greenhouse Gas Inventory Deport. Tammy seal, project manager with PMC, gave a presentation on the Greenhouse Gas GHG Emissions Inventory and provided background information on the legislative history to reduce g reenhouse gas emissions; explained that the GHG inventory includes a comprehensive list of emissions and sources in the city limas, identifies activities that cause GHG emissions, and allows the City to track emission treads, develop reduction strategies, and measure progress; reviewed findings on a community-wide basis and on government operations; and reviewed forecast and reduction targets. She concluded by providing an overview of the net steps to set emission reduction targets, calculate emission reductions from city programs and policies in place since Zoo, and to develop a climate Action Plan to achieve reduction targets. Council questions and discussion ensued regarding the reduction of emissions; how emissions in the City could be reduced or controlled since the vehicles using the transportation corridor (Highway 1 1 ) that goes through the City are the largest contributor; if funds are available for staff time to prepare the Climate Action Plan and to implement efforts to reduce emissions, negative consequences for not reducing emissions; that the city's averages are higher because of energy consumption from water and wastewater facilities; and whether air monitoring data is being used in any of the municipal plans There was further discussion with regard to the transportation component and the importance of awareness and coordination with Caltrans to recognize that the main freeway line is causing major additional emissions impact to the City. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Mike McConville E. Branch Street, commented on the amount of farmland in the City, and referred to farmland operations versus residential (housing) as it relates to which land use produces more gas. John Keen, N. Elm Street, referred to the Highway 101 corridor as it relates to how impacts from vehicle miles travelled on the freeway Highway 10 1 is calculated into the city's total emissions. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Mayor Ferrara provided an update from the League of California pities Board meeting concerning the legislation and stated the Board had deferred taking a position; however, staff' was directed to write another letter to the Governor regarding AB 32 and SB 375. There was no formal action taken on the Greenhouse Gas Inventor y Report. ort. The council received and tiled the Greenhouse Gas Inventory Report. Agenda Item 8.e. Page 7 mutes: City CouncillRedevelopment Agency Meeting Tuesday, April 27, 207 12. CITY COUNCIL REPORTS: Page ( a) MAYOR TONY FERRARA: ( 1 ) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority SL C ISL RTA . Reported rted that the SL O G Board discussed general funding availability for projects; Reported rte that the 2010 Census update is going well and a report was received on participation rates since April ". ( 2 ) South San Luis Obispo County sanitation District SSL CSD . Reported that piping inconsistencies have been fixed and are running better to meet emission and outflow standards; chemical use per month has been cut in half. ( rise /Hal y n /Hwy 101 Interchange Project subcommittee. No report. Noted that a status report will be given to the Council at the Ma 11 �' meeting. ( 4 ) O th e r. None ( b) MAYOR PRO TEM JIM GUTHRIE: ( 1) south County Area Transit (SCAT). Reported that ridership is down; reported that the state came through with some transit funding and will b able to continue full operations as in the past. (2) Community Action Partnership. Moving for ward with the City of Sari Luis Obispo to be the applicant for the Homeless campus. (3) California .lint Powers Insurance Authority DPIA. No report. (4) Homeless services Coordinating Council HS C . Continuing to seek grant funds for homeless services throughout the County; reported that an Executive Director has been hired. ( 5 ) Economic Vitality Corporation (EVC). No report. Next meeting is tomorr ( 6 ) Tourism Committee. Will be rolling out the branding n Ila 'l , (7) Other. None. (c) COUNCIL MEMBER JOE COSTELLO (1) Zone 3 Water Advisory Board. Has not met since March. Next meeting is May 20 (2) Air Pollution Control District (APCD). Has not met since March 24 Next meeting is scheduled for April 2G c " (3) Fire Oversight Committee. Has not met since the last report. (4) Other. None. (d) COUNCIL MEMBER ED ARNOLD (ABSENT) (1) Other. None. (e) COUNCIL MEMBER FELLOWS: (1) Integrated Waste Management Authority Board (IWMA). Attended meeting. Agenda Item 8.e. Page 8 minutes: city Co uncillRedevelopment Ag ency Meeting Tuesday, April 27, 201 Page (2) County Water Resources Advisory Committee (WRAC). Has recommended to the County to make a high priority inve of seawater intrusion; reported that Lopez Lake is at 83% capacity; noted that even though there has been quite a bit of rain, grater conservation efforts should continue in the ensuing dry season; reported that 798 boats vessels have come through Lopez Lake to date and 8 have been turned away for being wet as part of an effort to keep invasive mussels out of the lade. ( 3) other. None. 13. CITY COUNCIL MEMBER ITEMS: Re uest for Ci Council t direct staff t submit a letter t ealtrans � � i rdln r ue tin re arati n f a Env Impact Report E1 r the proposed gap closure ro'ect at El Campo and Route 101 FERRARA M ayor Ferrara reque and the council concurred, to consider at the n city council y � meeting direction to staff to submit a letter to ealtrans requesting preparation of an EIR for the c losure of the 9 a p on Henry 101 at E Campo and Route 10'1. He provided information- related to the project to the Council for review. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Member Fellows requested that staff follo w up with regard to Mr. Fo wler's public comme r egarding lighted hted street signs. city Manager Adams ackno wledged the request and stated he would follow up on the matter. M Ferrara refe rred to the Annual Volunteer Appreciation Dinner on April 30 and enco the Council to attend if they are available; provided to staff a publication received in trip hazards on tight budgets; and also provided the mail regarding hoer to remove sidewalk t p 9 economic is develo p meat information to staff which came from one of the League partners from group called Bingo Innovations. 16. STAFF COMMUNICATIONS: S: City Manager er Adams issued a plea to the community to complete the census forms and emp hasized the importance to the city and region in completing the Census. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. U. A air Ferrara adjourned the meeting at � p.m. to the special pity council meeting on Mayor /Ch ! May 5, 2010 at 7:00 p. M. Agenda Item 8.e. Page 9 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, Api li 27., Tony Ferrara, Mayor/Chair ATTEST: Melly Wetmore, City Clerk (Approved at CC Mtg ) Page 1 Agenda Item 8.e. Page 10 MINUTES SPECIAL MEETING F THE CITY COUNCIL MONDAY, MAY 5 201 COUNCIL, CHAMBE Sp 216 EAST BRANCH STREET ARROYO OY T I DE, CALIFORNIA 1, CALL To ORDER: Mayor Ferrara called the Special city Council meeting to order at 7:02 p.m. 2. ROLL CALL: City Council: Council Member chuck Fellows council Member ,toe Costello, Mayor Pro Terms Jim Guthrie, and Mayor ayor Tony Ferrara were present. City Staff Present: city Manager Steven Adams, city Attorney Tim Carmel, and Director of Legislative and Information Services /city Clerk Kelly Wetmore. 3. FLAG SALUTE: Mayor Ferrara led the Flag Salute. 4. PUBLIC COMMENT: No public comments were received. 5. CONSIDERATION of A PROCESS FOR FILLING CITY COUNCIL VACANCY: CY: City y Attorne Carmel presented the staff report and recommended the council consider options for the p rocedures to use to fill the vacancy on the city council created by the resignation of Council Member Arnold and direct staff accordingly. Council discussion ensued, and consensus reached, to post a Notice of Vacancy as soon as possible at cif Hall and on the city's website; issue a news press release; set a deadline of May 17 2010 for accepting applications; and to add language to the application that it is optional to include letters of recommendation and /or a resume. Further discussion ensued regarding a public forum where applicants who want to be appointed to the Council would have an opportunity to answer questions from the public; the dates, location and time for the forum,; and whether the council should approve any questions to be p resented at the public forum. Council Member Costello also noted that additional questions could be asked at a follow -up Council meeting prior to making an appointment. Council Member Fellows suggested the following questions for the public forum "What do you *der two or three important issues facing the City that you would like t help solve7l and cons p to or three things you like about Arroyo Grande that should be protected. Mayor Pro "Nam g Tern Guthrie suggested the following question: " What do you think are the three most important financial l ncial riorities for the City?". The Council concurred with the three questions to be asked at the public forum. Agenda Item 8.e. Page 11 i nutes of Ci ty Council dial JVer May 5,, 2010 Page 2 Co uncil discussed p roposed dates and locations for the forum and determined that May 19th �o � . was the preferred date and May 21' was the second choice. Staff was directed to coordinate and finalize the location, date, and time. It was also determined that the council would make the appointment at its May 25 meeting. Mayor Ferrara suggested the possibility of individual Council interviews with the applicants following the public forum, in an informal setting, and including it i n the process or leaving it up to the discretion of each Council Member. Council Member Costello suggested that due to the short ti meframe, that staff just inform the applicants that Council Members may contact there individually. The council concurred. Mayor Pro Tern Guthrie then described a proposed ranking process or system for identifying the top two or three candidates. Following discussion, the Council agreed to use a ranking system to determine the top two candidates from which to make a nomination for appointment. The Council further agreed that each applicant would have are opportunity to make a three minute presentation to the Council on May 25 In response to a que regarding the swearing -in of the appointed Council Member, city A ttorney Carmel responded he believed that could take place at the same meeting; however, he would research the matter to ensure compliance with State law. 6 . ADJOURNMENT: Mayor Ferrara adjourned the meeting at 7:40 p.m. to the next Regular City Council fleeting at p.m. on Tuesday, May 11 , 2010, in the City Council Chambers, 215 E. Branch Street. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, city clerk (Approved at CC Mtg Agenda Item 8.e. Page 12 MINUTES REGULAR MEETING of THE CITY COUNCIL TUESDAY, MAY 11 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor Ferrara called the Regular lar City Council meeting to order at 7:04 p.m. 2 . ROLL CALL City Council: Council Member .Joe Costello, Council Member Chuck Fellows, and Mayor Tony Ferrara were present. Mayor Pro Tenn Jim Guthrie was absent. City Staff Present: City Manager Steven Adams, City Attorney Tina Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Director of Communit Development Teresa McClish, and Planning Manager Jim Bergman. 3. FLAG SALINE .John Murray, representing Arroyo Grande Lions Club, led the Flag Salute. 4 . INVOCATI Rabbi Scott Corngold, Congregation Beth David, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation Recognizing Angela Kraet ch, Administrative services Director. Mayor Ferrara presented a Mayor's Commendation certificate recognizing Angela Kraetsch, Administrative Services Director, on receiving the Government Finance Officers Association "Distinguished Budget Presentation Award ". Administrative Services Director Kraetsch accepted the commendation, acknowledged City staff` who participated in the budget process, and thanked the Council. Mar r Pro Tenn Guthrie arriv d at 70 1 p.m. and took his plane at the dais. 6 . AGENDA REVIEW 6.a. ordinances Read in Title Only. Council Member Fellows moved, Council Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further readings be waived. 7. CITIZENS'INPUTs COMMENTS AND SUGGESTIONS Done. 8 . CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any consent Agenda Item to do so at this tune. There were no public comments received. Agenda Item 8.e. Page 13 Minutes: City Council Meeting Page Tuesday, May 11, 2010 Action: Council Member Costello moved, and Mayor Pro Tem Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.c., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Guthrie, Fellows, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. ation. Action: Ratified the listing of cash disbursements for the period April 16, 2010 through April 2010. 8.b. Consideration of Cancellation of the .July 27, 2010 City Council Meeting. Action: Cancelled the regularly scheduled Council meeting of the July 27, 2010. 8.c. Consideration of Request to Caltrans that an Environmental Impact Report EIR be Prepared for the Proposed Los Berros Road to Traffic Way Median Barrier Project. Action: Approved submittal of a letter to Caltrans formally requesting an EIR be prepared on the proposed Los Berms Fad to Traffic lay median barrier project. 9 . PUBLIC HEARINGS .a. Consideration of Development Code Amendment Case No. 10-001 — A Proposed Ordinance Initiated by the City of Arroyo Grande to Consider Clarifications to the Definition of "Agricultural Land" and Agricultural Litigation Policies. Community Development Director McClish presented the staff report and recommended that the Council introduce an Ordinance amending Title 16 of the Municipal Cade (Development Code) to clarify agricultural conversion and mitigation requirements. M ayor Ferrara opened the public hearing. Dennis Allen Huasna Road, referred to properties that are not zoned agriculture; understood and agreed that mitigation should be required when agricultural zoned property is changed to a different use; stated he su pported the Planning Commission recommendation to eliminate the mitigation for non- agricultural zoned properties and urged the Council to do the same: stated he is the real estate agent/broker for the two acres of commercial ial zoned property on the corner of Traffic Way and Bast Cherry Avenue; and supported the Planning Commission's decision to only include agricultural properties when imposing mitigation fees for agricultural conversion. Ed Dorfman, Platino Lane, commented this was not a big policy issue and that only five panels in the City are affected which are less than five acres; that past Councils have determined that no mitigation is required on c ommercial land; that his property was converted from Agriculture more than 50 years ago; stated he pays property takes on the land as commercial property; opposed a mitigation fee; and urged the Council to support staff's recommendation. Hearing no further comments, Mayor r Ferrara closed the public hearing. In response to questions from Council Member Costello, Director McClish responded that the proposed Code change was consistent with General Plan policies; clarified that ;mitigation would be Agenda Item 8.e. Page 14 Minutes: City Council Meeting Page Tuesday, May 11, 2010 required o n all land that is zoned Agricultural which is converted or subdivided; that the remaining five Agricultural zoned properties are affected; and that the property tax rate for commercial and agricultural land is the same; however, there is a difference in the assessed value. Council Member Costello agreed that mitigation for loss of prime soils should not be required for property erty that is not zoned AgdcultuNre, even if it has been used for agriculture, and supported the Ordinance as proposed. Council Member Fellows stated that adoption of staffs recommendation to modify the existing Code language regarding mitigation for the loss of agriculture land would result in the permanent loss of a little over two and half acres o f prime agriculture soils at the corner of E. Cherry Avenue and Traffic Way without mitigation. He stated when he ran for Council in 2006, he had promised he would protect prune farmland /soils so he did not support the Ordinance as proposed. Mayor Pro Term Guthrie agreed that mitigation should only be required on properties zoned A griculture; that people purchase property with the intention of using it based on its zoning; and sup ported the Ordinance as proposed. He expressed some concern about opening up the flexibility for determining other mitigation measures and asked staff to clarify this language. C ity Attorney Carmel explained that the Council is uided by bas legal pr of nexus and i i between the n miti ati measur rough proportionality; that there has to be a rational relationship g that are imposed and the impact that is being addressed. Following further discussion, Mayor Pro Terms Guthrie stated that he would support the Ordinance as proposed. Mayor Ferrara referred to the 2001 - General Plan Update and the rezoning of agricultural p roperties; supported language that addresses no mitigation for nonagricultural zoned land; supported the flexibility in making determinations for the structure of mitigation. M ay or Pro Tern Guthrie noted that in -lieu fees are alr eady permuted under the existing language, and it was the addition of other mitigation independent of in -lieu fees that he was commenting on. Action: Council Member Costello moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE F TH CODS (DEVELOPMENT CODE AMENDMENT 10-0 1 T CLARIFY M UNICIPAL A CI IC LTU AL CONVERSION A D MITIGATION f �1IREM NTS'' Mayor Pro Term Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Ferrara NOES: Fellows ABSENT: Done 10. CONTINUED BUSINESS ITEMS 10.a. Project Status Update of the Bri co Road-Halcyon f ad/ uite '101 Project Approval and Environmental Document PA&ED). Agenda Item 8.e. Page 15 minutes: City co ncii Meeting Page Tuesday, May 11, 2070 Community Development Director McClish introduced Tony Harris from Planning Company Associates and Mark Rayback from Wood Rodgers, Inc. who would be giving presentations. Tony Harris Planning Company Associates, presented an update on the US '1 Frisco _,. preliminary • Road /Grand Avenue Improvements which included an overview of the scope of work p r assessment; recommendations; project reed and purpose; performance criteria; project charter and steering committee; and current status of the project. Ma a back ^ , Rodgers, odgers, Inc., provided n overview of Alternative 1, Alternative 3A and a Alternative 313. Tony Harris concluded by providing an overgrew of risks and challenges in roving forward to obtain approvals to complete the environmental document; next steps in the process; and the nee for p ublic outreach and education on the additional proposed Alternative. Director McClish recommended that Council. 1 Approve new Alternative 313 for inclusion as an Ite rnative for the Brisco Road — Halcyon Load /Highway 101 Interchange Improvement Project; 2 Approve contract Amendment No. 5 with Wood lodgers, Inc. in a form approved by the City Attorney, o revise the Alternatives to be analyzed, update environmental studies. and continue r for an additional not -to- exceed amount of preparation of the Environmental Document (PA&ED) $175,000; Authorize the City Manager to execute the amendment; Allocate an additional appropriation ro nation of $175,000 from the Transportation Facility Impact Fund, and erect staff and the City Council Subcommittee to continue to pursue approval and funding through the San Luis Obispo Council of Governments and Daltrans. Mayor Ferrara spore on behalf of the Subcommittee stating this has been a 12 year process; observed the difficulty of reconciling the City's Circulation Element and policies with Caltrans standards and policies; addressed impacts to E. Grand Avenue West Branch Street and Camino st p Mercado; that work is in progress to find an Alternative to meet Ca Itrarrs' design g exceptions; clarified that the Council is asking to include the additional Alternative: not to approve it; commented rrrented on the importance of public education in process; and the importance of freewa signage to direct traffic. May Ferrara invited comments from those in the audience who wished tc be heard on the matter. Ste ve Loomis Huasna load, inquired whether the Highway 101 southbound exit at E. Grand Avenue would stay the same and stated that as a 30 year driver in Arroyo Grande, he commended the Council for this plan and spoke in support of the project. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Council comments included support for adding the new Alternative 313; that in addition to freeway there is a need for signage to direct drivers from the northbound exit if they turn right onto s ignage, E. brand Avenue, support for the additional s taff recommendations 3, 4 and ; that Alternative 313 is the best design seen so far and that local drivers will figure it out quickly; and that good signage will help assist drivers. Agenda Item 8.e. Page 16 minutes: city Council Meeting Page Tuesday, May 11, 2010 Action: Council Member Costello roved to: 1 Approve new Alternative 313 for inclusion as an alternative for the Brisco Road — Halc on F oad /Highway 101 Interchange Improvement Proiect; 2 Approve contract Amendm ent No. ith Wood Rodgers, Inc. in a form approved by the city Attorney, to revise the Alternatives to be analyzed, update environmental studies and continue preparation of the Environmental Document PACED for an additional not -to- exceed amount of $175,000; 3 Authorize the city Manager to execute the amendment; 4 Allocate an additional app ropriation of $175,000 from the Transportation Facility Impact Fund; and Direct staff and the City Council Subcommittee to continue to pursue approval and funding through the San Luis Obispo council of Governments and Caltrans. Mayor Pro Tern Guthrie seconded, and the motion passed on the following roll call vote: AIDES: Costello, Guthrie, Fellows, Ferrara NOES; None ABSENT: None Mayor Ferrara called for a break at 8:80 p.m. council reconvened at 8:40 p.m. 11. NEW BUSINESS ITEMS 11I.a. consideration of Temporary use Permit No. 10-005 to Authorize the Use of City Property and to close city streets for the Annual Arroyo Malley People's choice cruise Night on July 3o, 2010 and car Show on July 31 Plannin g Man a g er er Bergman presented the staff re port and recommended the 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 Malley People's Choice car Cruise and Car Show on. July 30 and 31 x 2010. Council questions ensued regarding the advantages of Option I versus Option 2; public notification regarding the meeting; whether there had been any reaction or response from Village business g g o wners following notification; the advantages of a two -hour car cruse; and hover man ► cars participated in the event last gear. May Ferrara invited comments from those in the audience who wished to be heard on the matter. Linda Aiello Madison representing the Arroyo Valley Car Club, stated the event is limited to 800 cars; the club wants to keep the event small; and explained that the event is a fundraiser that a benefits fourteen local agencies. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Council comments ensued in support of Option 1; concern about blocked sidewalks; and a request to the Carr Club to take extra efforts to discourage Car Show participants from blocking sidewalks and entrances to Village businesses. Agenda Item 8.e. Page 17 M inutes: city Council Meeting Pare Tuesday, May 11, 2010 Action. Council Member Fellows moved to adopt a Resolution as follows. " " RESOLUTION of THE CITY COUNCIL OF THE CITY of ARROYO GRANDE APPROVING TEMPORARY USE PERMIT -005 AUTHORIZING THORIZING ]SHE USE F CITY PROPERTY AND TO CLOSE CITY STREETS FOR THE ANNUAL. ARROYO VALLEY PEOPLE'S CHOICE CRUISE NIGHT ON JULY 30. 2010 AND CAR SHOW ON JULY 31, 2010. Mayor Pro Tern Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS a Request to consider on future agenda proposal for Historical Railroad ad I foss at city property at intersection of Crown Hill and East Branch street (FELLOWS) Council Member Fellows requested, and the Council concurred, to place on a future agenda a proposal for a Historical Railroad Klosk at city property at intersection of Crown Hill and East Branch Street. 13. CITY MANAGER ITEMS City Manager Adams provided an update on the process for filling the council vacancy; announced the scheduling of a public forum on May 1 91n from 6:00 to 8 :30 p.m. at the Woman's Club which would be moderated by the League of Women Voters; and noted that AGP Video would be filming the. forum and rebroadcasting it on Channel 20. He also reported that a press release would be issued to advertise the public forum and it would be sent to the Chamber of Commerce and pillage Improvement Association for distribution to its memberships. City Attorney Carmel noted that the deadline for submitting applications to fill the Council vacancy was Monday, May 17 2010. 14. COUNCIL COMMUNICATIONS Mayor Ferrara announced that the Arroyo Grande In Bloom judges visited Arroyo Grande last week and he wanted to thank City staff and all the volunteers that contributed to the efforts. He also commended businesses along East Grand Avenue for their effort. 15. STAFF COMMUNICATIONS City Manager Adams announced a critical Needs Action Plan Workshop on May 27, 2010 at the Woman's club at 6:00 p.m. He also noted that a video regarding the Critical Needs Action Plan was made and would be airing on Channel 20 beginning May 1, 2010. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9 p.m. Agenda Item 8.e. Page 18 Minutes: City Council Meeting Tuesday, May 11, 2010 Tony Ferrara, Mayor ATTEST; Kelly Wetmore, City Clerk (Approved at CC Mtg Page Agenda Item 8.e. Page 19 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.e. Page 20 ORP BATED y,0. 1911 MEMORANDUM T: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER e p' SUBJECT: CONSIDERATION OF A RESOLUTION APP O ING A THIRD SIDE LETTER OF AGREEMENT EEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING DATE: MAY 26 201 RECOMMENDATION: It is recommended the City Council: 1 adopt a Resolution approving a Third Side Letter of Agreement to the Arroyo Grande Police Officers' Association AGP A ) Memorandum of Understanding MOU); and 2 authorize the City Manager to execute the Agreement. FINANCIAL IMPACT: Approval of the side Letter of Agreement will result in a savings of approximately $150,000 to the City in FY 2010-11. BACKGROUND: One of the strategies to address the revenue shortfall in FY 2010 -11 recommended by staff~ was to negotiate additional concessions from the City's labor unions in order to reduce personnel costs. The existing MOU with the AGP A is due to expire on dune 3, 2g 1 g. As a result, the City Manager has been involved in discussions with representatives from each of the labor organizations for several 'months. Agreement has been reached with AGP A for modifications to their existing MOU and the amendments were approved by the Union's membership. ANALYSIS SIS OF ISSUES: The existing MOU with AGP A originally provided for a 5 .5% salary increase for sworn personnel and 6.5% for non -sworn personnel in FY 2009-10. Through a Side Letter of Agreement approved last year, the full increase was delayed until June 2, 2010. Due to the projected budget shortfall in FY 2010-11, staff has negotiated an additional Side Letter of Agreement to further delay all but 1 % of the increases until dune 23, 2011. In exchange, the City Is ensuring the AGPA that them will be no additional layoffs and no loss of funded sworn positions through the net fiscal year. The Side Letter of Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION OF A RESOLUTION APPROVING AGREEMENT TO THE ARROYO GRANDE POLICE MEMORANDUM OF UNDERSTANDING MAY 25 2010 PAGE 2 A THIRD SIDE LETTER OF OFFICERS' ASSOCIATION Agreement includes an escape clause that will enable the City to enact additional layoffs if revenues fall below a specified level. ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration; Approve and authorize the City Manager to execute the Third Side Letter of Agreement with AGP A; - Direct staff to renegotiate the terms o f the Agreement; Do not approve the Agreement; or Provide staff other direction. ADVANTAGES The terms of the side Letter of Agreement will provide savings necessary to balance the FY 2010-11 Annual Budget. An additional goal of the proposal has been to avoid full negotiations of a new MOU in order to resolve budget and labor relations issues as soon as possible. This will better enable the City to maintain positive morale and focus on important challenges facing the organization. DISADVANTAGES TAGES Terms of the Side Letter of Agreement will restrict the City's ability to enact additional layoffs in FY 20 g -1 '1 unless and until red utions in revenue reach a specified level. ENVIRONMENTAL REVIEW: IEW: No environmental review is rewired for this item. PUBLIC NOTIFICATION AND COMMENTS: TS: The agenda was posted in front of City Hall on Thursday, May 20, 2010 and on the City's website on Friday, May 27, 2010. No public co mments were received. Agenda Item 8.f. Page 2 RESOLUTION NO. A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO OYO G ANI E APPROVING C THIRD SIDE LETTER of AGREEMENT To THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION MEMORANDUM of UNDERSTANDING WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best interest of the City to approve a third side letter of agreement amending the Arroyo Grande Police Officers' Association current Memorandum of Understanding, which includes modifications to salaries and benefits, as hereinafter provided. NOW, THEREFORE, F E, EE IT RESOLVED by the City Council of the City of Arroyo Grande that: An amendment to the Memorandum of Understanding "I l ls" with the Arroyo Grande Police officers} Association "AGP " is hereby approved, a copy of said amendment a titled "Side letter of Agreement, [Modification to Memorandum of Understanding" is attached hereto, marked Exhibit "A", and incorporated herein by this reference. 2. This Resolution shall become effective June 1, 2010. On motion of Council Member Council Member vote, to ►rit. AYES NOES: ABSENT. seconded by and on the following roll call the foregoing Resolution was passed and adopted this day of , 201g. Agenda Item 8.f. Page 3 Exhibit "A" SIDE LETTER of AGREEMENT MODIFICATION To MEMORANDUM AI DUM of UNDERSTANDING For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, no wledged, the City of Arroyo Grande "City" and the Arroyo Grande Police Officers' Association "AGP" do hereby agree to modify the current Memorandum of Understanding "MOU" between the City and AGPOA as follows: 1. Article 1 shall be amended to extend the terra of the Memorandum of Understanding through dune 30, 2011. 2. Article 2 shall be amended to delay 4.5% of the 5.5% "Cost of Luring Adjustment" (COLA) for sworn personnel and 5.5% of the 6.5% COLA for non-sworn personnel effective June 25, 2010 to instead male 4.5% for s worn personnel and 5.5% for non -sworn personnel effective on June 23, 2011 and 1 shall remain effective on dune 25, 2010 as identified in Attachments 1 and 2 of this Agreement. If the results of the City's financial audit for Fly 2009-10 identify revenues in excess of $100,000 over original budgeted amounts for the Street Fund and General Fund, exclusive of Local Sales Tax revenues, the MOU may b e reopened for the purpose of discussing and considering accelerating the effective date of a portion of, o entire, COLA amount. 3. Article 19 shall be amended to read as follows: A. The base medical plan shall be defined as the Health Maintenance Organization HM program available to the City. If availability of an HMO to the City is discontinued by the medical plan provider, the base plan will become the basic PPO plan available to the City by the existing medical plan provider. P. The City will maintain health benefits through CalPERS for calendar year 2010. 4 Article 20 shall be amended to read as follows: A. Effective January 1, 2009, the City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act PEI IHCA for both active employees and retirees. The City's contribution toward coverage under PEIIIHCA shall be the minimum contribution amount established by CalPERS on an annual basis. Effective January 1, 2010, the City's contribution under PEIIIIHCA shall be $105.00. Agenda Item 8.f. Page 4 B . Effective January 1 2009, employees participating in the City's full flex cafeteria plan shall receive a flex dollar allowan to purchase group health coverage for medical, dental, and vision under the City's Cafeteria Plan. For the period of January 1, 2010 through December 31, 2010, the flex dollar allowance shall be $537.39 with respect to an employee enrolled for self alone, $983.03 for an employee enrolled for self and one family member, and $1,258.85 for an employee enrolled for self and two or more family members. C. For the period of January 1, 2011 through June 30, 2011 , the flee dollar allowance shall be the amount in effect on December 31, 2010 plus % of any increase to the medical premiums for the base plan and 100% of any increase to the dental and vision insurance premiums. D. A portion of the flex dollar allowance ($105. 00 for 2010) is identified as the City's contribution towards PEMHCA. This amount will be adjusted on an annual basis as the PE 11HCA minimum contribution increases. Remaining flex dollars must be used by employees to participate in the City's health plans. Employees who waive medical coverage under the Cafeteria Plan because he /she provided the City with written proof that medical insurance coverage is in force through coverage provided by another source, consistent with any rules or restrictions on the City by the medical plan provider, can take flex dollars for the amount provided to em ployees enrolled for self alone (taxable income), deposit it into their 457 plan, or use it to purchase voluntary products. No remaining flex dollars may be redeemed. b. Article 41 shall be amended to replace the language added by the Side Letter of Agreement effective May 1, 2009 to instead read as follows: Effective May 1, 2009, one Sergeant's position in the Police Department will become unfunded. The parties agree there shall be no additional loss of filled ositions due to layoff r by AGPA prior to June 30 p � p 2011 and no loss of funded sworn positions represented by AGPA prior to June 30 2011 unless at any time during that period the City's FY 2009 -10 or FY 2010-11 General Fund Ending Fund Balance is projected to be reduced by 30% or more from the FY 200 8-09 actual General Fund Ending Fund Balance due to action by State, County or Federal Government, an economic downturn in the local economy, the impacts of a catastrophic event or natural disaster, or any other unforeseen events outside the control of the City; or in the event the City Fly 2009-10 or Fly 2010-11 General Fund revenues, eluding transfers, are projected to be reduced ° or more from the budgeted amounts for that year due to Agenda Item 8.f. Page 5 action by State, County or Federal Government, an economic downturn in the local economy, the impacts of a catastrophic event o natural d isaster, o any other unforeseen events outside the control o f the City. If any of these conditions occur, the Union shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to address the budget shortfall. For City of Arroyo Grande Arroyo Grande Police Officers' Association Date Date Agenda Item 8.f. Page 6 INCORPORATED .DULY 10 1911 IIEIIfIA[M IF TO: CITY COUNCIL FROM: : MICHAEL E. HU ERT FIRE CHIEF -In SUBJECT: CONSIDERATION OF AUTHORIZATION TO LEASE PURCHASE A NEW QUINT 100 FOOT AERIAL PLATFORM FIRE APPARATUS ATE, MAY 25, 2010 RECOMMENDATION: It is recommended that the City Council: 1 authorize the City Manager to execute a purchase order, not to exceed $930,000, to Pierce Manufacturing, Inc. for the purchase of one Quint 100' aerial platform fire apparatus; and 2 authorize the City Manager to solicit a Lease /Purchase Agreement for this purchase. FINANCIAL IMPACT; In January 2010, the City was notified by the Department of Homeland Security that it was awarded a grant in the amount of $815,625 for acquisition of a new aerial platform apparatus. The total cost of the apparatus will be $925,608. Therefore, the total cost to the agencies will be $150,764. The City of Arroyo Grande will be responsible for $82,920. The City of Arroyo Grande's appropriation of funding will come from the local sales tax monies that have been programmed for this equipment. The annual cost to the City will be approximately $21, 00 for a -year period. Payments for the apparatus will commence in August of 2011. BACKGROUND: The City of Arroyo Grande currently owns and operates a 1987 V Pelt, seventy -five foot ' aerial apparatus. This vehicle is equipped with a pump and water tank enabling it to provide fire suppression capabilities. Standards. for replacement of aerial apparatus vary based on years of service, mileage, engine hours, quality of preventative maintenance program, etc. Typically an aerial apparatus service life is fifteen to twenty years. This apparatus was purchased at a cost of $282,000. It has been housed and maintained by the City of Arroyo Grande since its purchase. At the ,dune 20, 2008 Fire Oversight Committee meeting it was decided that the cities of Arroyo Grande, Grover Beach and the Oceano Community Services District would apply for Assistance to Firefighters Grant AFG to replace the current flan Pelt apparatus. If awarded the grant, the agencies would pay a portion of the matching funds required under a specified formula. Under the Federal grant ales only one Agenda Item 8.g. Page 1 CITY COUNCIL CONSIDERATION ATIOI of AUTHORIZATION To LEASE PURCHASE A NEW QUINT 100, FOOT AEF IAL PLATFORM FIDE APPAL ATUS . MAY 25 2010 PAGE 2 agency can apply for the grant funding. On April 2, 2009, the Arroyo Grande City Council tool[ the necessary action to accept the responsibility to be the host agency in the grant application process. O January 29, 2010 the Arroyo Grande Fire Department was informed that the City's grant application had been approved in the amount of $815,625. This total included $750,000 for the aerial apparatus and $66,626 identified as incurred takes. The 5 percent matching costs of this grant is $40,781. ANALYSIS of ISSUES: When preparing to write the grant, staff members from all three agencies formed a committee to identify the type of apparatus that would best meet all three communities' needs. The apparatus specification committee performed cursory research to identify the type, length and potential cost of the vehicle for grant submittal. Once the grant was awarded, the committee had the opportunity to attend a trade shover in San Diego and meet with several potential vendors, conduct research and view several aerial apparatus. Subsequent to the San Diego trade show, two vendors brought aerial apparatus to our community for demonstration. After much research and analysis, staff has determined that the manufacturer who best ,meets the City's needs in price and quality of product is Pierce Manufacturing of Wisconsin. The last acquisition of fire apparatus was a Pierce pumper that has performed well. Pierce supplied staff with an aerial platform specification and cost of an apparatus that was ordered by Penfield Fire Department in New York. Penfield's apparatus is very similar to the apparatus specification staff has developed. The Penfield Fire Department conducted a competitive bid process to award Pierce Manufacturing the aerial apparatus contract. Therefore the City has the ability to "piggy back" on to their contract price for our aerial apparatus. Pierce Manufacturing, Inc. has submitted a purchase proposal that has included options for prepayment discounts. Staff has determined that the most advantageous purchase option would be to lease purchase the entire amount of the aerial apparatus for a terra of five 6 years. By funding the entire purchase amount through a lease agreement, there will be a savings of approximately $23,000 from the prepayment discounts allowed. The cost of the apparatus is $851,643 plus $74,065 sales tax making the total cost of the apparatus $925,607. Oshkosh Capital is the financing partner of Pierce Manufacturing, ring, Inc. At the time this staff re port was rriften, an interest rate of 3.61 percent for financing was quoted. Agenda Item 8.g. Page 2 CITY COUNCIL CONSIDERATION of AUTHORIZATION To LEASE PURCHASE A NEW QUINT 100 FOOT AERIAL PLATFORM FIFE APPARATUS MAY 25 2010 PAGE 3 Upon delivery and acceptance of the aerial apparatus, the City will apply the entire grant amount of $774,844 toward the lease agreement. This will leave a balance of $150,764 to finance in annual payments of $38,478 over a fire year period. The City annual share will be approximately ately $ 21 000. The grant requirements prohibit the City from selling or donating the City's existing aerial apparatus to another public safety agency. Grant funding was approved because the current apparatus was deemed unsafe due to its `open cab" design and shall be "permanently removed from emergency service ". The City's options to dispose of the existing aerial apparatus include: 1 donating the vehicle to a community college fire service technology program for training purposes; 2 sell the apparatus to a non - public safety entity, or 3 sell the apparatus for scrap metal value. Staff will further investigate these options and develop a recommended action for Council consideration when the new r apparatus is put into service. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve the recommendation as submitted; • Direct staff to structure the purchase to change the terms or pay all costs up front; • Direct staff to solicit bids; or • Provide direction to staff. ADVANTAGES: The grant and cost sharing with Grover Beach and OCSD will enable the City to replace a very expensive, old and essential apparatus at minimal cost. The recommended financing will further decrease overall costs and annual payments. Piggybacking on to an existing bid will reduce costs, delivery time and assure that the City receives the apparatus that best meets the Departments needs. DISADVANTAGES: It is possible that a new bid could result in a reduced cost, but would make it difficult to meet the time requirements of the grant. ENVIRONMENTAL O MEN TAL F EVIE : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010 and the Agenda and report were posted on the City's website on Friday, May 21, 2010. No co'n'vents were received. Agenda Item 8.g. Page 3 CITY COUNCIL CONSIDERATION OF AUTHORIZATION TO LEASE PURCHASE A NEW II' T 100 FOOT AERIAL PLATFORM FIFE APPARATUS MAY 25 PAGE Attachments: 1. Lease- purchase payment schedule Agenda Item 8.g. Page 4 RESOLUTION No. A RESOLUTION of TIME CITY COUNCIL of THE CITY OF ARROYO GRACED AUTHORIZING ING THE CITY MANAGER To EXECUTE A LEASE PURCHASE AGREEMENT WITH OSHKOSH CAPITAL To PURCHASE ONE 100-FOOT QUINT AERIAL_ PLATFORM FIRE APPARATUS WHEREAS, the City of Arroyo Grande was awarded a Federal Emergency Management Agency Assistance to Firefighters Grant to replace the City Ts existing 1987 Van Pelt Aerial Apparatus; and WHEREAS, the City has determined that the purchase of a Quint 100 Foot Aerial Platform from Peirce Manufacturing, Inc. would best meet the needs of the community; and WHEREAS, the City has determined it is in the best interests of the City and the citizens it serves to secure lease - purchasing financing for the fire apparatus. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the City Manager is hereby authorized to execute a Purchase Agreement with Fierce Manufacturing turin Inc. for one 100-Foot Quint Aerial Platform Fire Apparatus In the amount not to exceed $930,000 and execute a Lease-Purchase Agreement with hKosh Capital. On motion of Council Member the following roll call vote to wit. AYES: NOES: ABSENT: T: , seconded by Council Member , and on the foregoing Resolution was passed and adopted this day of May 2010. Agenda Item 8.g. Page 5 RESOLUTION N. PAGE TONY FERRARA, MAYOR ATTEST: KELLY 1 ETM RE, CITY CLERIC APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.g. Page 6 Atta h ent 1 AERIAL PLATFORM FIRE APPARATUS LEASE PURCHASE PAYMENT SCHEDULE Compound Period: Annual Nominal Annual Rate: 3.610 CASH FLOW DATA: Event Date Amount Number Period 1 Lean 5/26/2010 925,607.01 1 2 Payment 112612011 774, 844.99 1 8 Payment 1/26/2912 38,478.85 5 Annual AMORTIZATION SCHEDULE - Normal Amortization Grand Totals 967,235.75 41,828.74 925,697.01 Agenda Item 8.g. Page 7 Date Payment Interest Principal Balance 5/2612919 925,697.91 1 1/26/2011 774, 844.99 22,428.85 752,415.15 173,191.86 2 112812012 88,478.85 6,252.28 82 } 226.12 140,965.74 3 1/2612918 88,478.85 5,988.86 88,889.49 197,576.25 4 112612914 88,478.85 8 84,594.85 72 11261291 88 2684.68 85,848.72 87,187.68 1/26/2016 88,478.85 '1,840.67 87,187.68 9.90 Grand Totals 967,235.75 41,828.74 925,697.01 Agenda Item 8.g. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.g. Page 8 ARROYO o cp INCORPORATED 1 1 T •I O44 IF00\ 1 MEMORANDUM TO: CITY COUNCIL tre FROM: MIKE HUBERT, FIRE CHIEF SUBJECT: SUPPLEMENTAL INFORMATION REGARDING AGENDA ITEM 8.q. - CONSIDERATION OF AUTHORIZATION TO LEASE PURCHASE A NEW QUINT 100 FOOT AERIAL PLATFORM FIRE APPARATUS DATE: MAY 25, 2010 Staff inadvertently omitted from the recommendation adoption of the Resolution approving and authorizing the City Manager to execute the Purchase Agreement for the 100 foot Quint Aerial Platform Fire Apparatus. The full staff recommendation should read as follows: RECOMMENDATION: It is recommended that the City Council: 1) authorize the City Manager to execute a purchase order, not to exceed $930,000, to Pierce Manufacturing, Inc. for the purchase of one Quint 100' aerial platform fire apparatus; and 2) adopt a Resolution Authorizing the City Manager to execute a Lease Purchase Agreement with Oshkosh Capital to purchase one 100 -foot Quint Aerial Platform Fire Apparatus. INCORPORATED 7 MEMORANDUM JULY 10, loll T: CITY COUNCIL FROM: TERESA MCCLISH, DIRECTOR R F COMMUNITY DEVELOPMENT BY: RAN FOSTER, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING CITY PARTICIPATION IN THE SAN LUIS OBISPO COUNTY ENERGY WATCH PARTNERSHIP (SLOEWP) DATE: MAY 2, 201 RECOMMENDATION: It is recommended that the City Council adopt ar Resolution authorizing City participation in the San Luis Obispo County Energy Watch Partnership. FINANCIAL IMPACT: It is estimated that approximately 30 to 40 hours of staff time annually will be committed to the Partnership. This commitment will be made within currently budgeted staffing levels. BACKGROUND: San Luis Obispo County Energy Veatch Partnership SL EWP is a joint partnership between the County of San Luis Obispo, Pacific Gas and Electric Company ( PG&E), Southern California Gas Company SCGC , and the Economic vitality Corporation (EVC). Through the SL E VP, assistance is available to the County, cities and special districts for improving the energy efficiency of their facilities and integrating energy efficiency throughout the local communities. ANALYSIS OF ISSUES: The SLEIIP will be coordinated through the County of San Luis Obispo and the Economic Vitality Corporation E C . Adopting the attached resolution will indicate the City's support for the SL E VP and commit the City to assist through a representative designated by the City Manager to attend various coordination meetings. Nothing in the Resolution would require the City to expend funds, nor prevent the City from withdrawing from the SL E IIF , should the group be determined to be unproductive. Agenda Item 8.h. Page 1 CITY COUNCIL MAY 25 201 SLOE WP PARTICIPATION PAGE 2 With the assistance of PG&E, EVC and other municipalities and interested parties within the County, staff believes that the City may benefit from the regional energy conservation and efficiency strategies developed through the SL E VP. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Adopt the attached Resolution, authorizing City participation in the San Luis Obispo County Energy Veatch Partnership; 2. Modify and adopt the attached Resolution, authorizing City participation in the San Luis Obispo County Energy Veatch Partnership; 3. Do not adopt the attached Resolution; 4. Provide direction to staff ADVANTAGES: Participation will allow the City to benefit from relevant PG &E programs, including the Municipal Building Energy Efficiency Retrofit Program. Participation would also provide the City with an additional tool to promote energy conservation, complementing existing partnerships and programs such as those with SLO Green Build and CaliforniaFIRST. DISADVANTAGES: Participation will require approximately 30-0 hours of staff time annually at a time when staff resources are already limited and allocated to several high - priority goals. ENVIRONMENTAL TAL F E IE : Done required. PUBLIC NOTIFICATION: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. No public comments were received. Agenda Item 8.h. Page 2 RESOLUTION N . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING PARTICIPATION IN THE SAN LUIS OBlSPO COUNTY ENERGY WATCH PARTNERSHIP (SLOEWP) WHEREAS, EAS, Iccal demand for electricity has grown, and is expected to continue to grow in the near future to support a growing population and economy; and WHEREAS, citizens and businesses spend substantial amounts for energy and it makes economic sense and good public policy to encourage energy efficiency; and WHEREAS, S, energy efficiency programs enhance our environment ent by improving air quality, reducing greenhouse gases and other pollutants, and conserving natural resources; and WHEREAS, EAS, it is vital for communities t incorporate energy conservation innovations into everyday business practices and personal lures; and WHEREAS, EAS, there is a growing movement within California cities and businesses to improve everyday practices and create more sustainable and greener communities; and WHEREAS, the San Luis Obispo Energy Watch Partnership has been established to manage the administration, marketing, eting, integration and implementation components f this partnership program; emphasis will be placed on the outreach to the cities and special districts within San Luis Obispo County to assist them in improving the energy efficiency of their facilities and integrating energy efficiency throughout the local communities. ICI', THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby: 1. Supports and endorses the San Luis Obispo County Energy Watch Partnership, a partnership between local agencies in San Luis Obispo County, Pacific Gas Electric Company (PG&E), Southern California Gas Company, and the Economic Vitality Corporation EC; and 2. Supports a commitment to sustainable practices through the planning and implementation of energy efficient strategies and programs; and 3. Authorizes the City Manager to designate a re presentative to the San Luis Obispo County Energy Watch Partnership. Agenda Item 8.h. Page 3 RESOLUTION N . PAGE 2 On motion by Council Member following roll call Grote, to grit: AYES: NOES. ABSENT: , seconded by Council Member the foregoing Resolution was adopted this 25 day of May, 2010 , and by the Agenda Item 8.h. Page 4 RESOLUTION NO, PAGE 3 TONY FERRARA, MAYOR ATTEST. KELLY WETMORE, CITY CLERK STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL., CITY ATTORNEY Agenda Item 8.h. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.h. Page 6 [ PIRROYO INCORPORATED JULY 10, 1211 * 1F MEMORANDUM TO: CITY COUNCIL FROM: TER ESA McCLISH, OMMU IT Y DEVELOPMENT DIRECTOR BY: MIKE E LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION of ACCEPTANCE of THE CITY FALL PARKIN LOT & DI s1 ALE IMPF El111 AND THE CROWN HILL AND C RBETT CANYON ROAD SIDE WALK IMPROVEMENTS PROJECT, PW 2008 - DATE: MAY Y 2, 2010 RECOMMENDATION: It is recommended the City Council: 1. accept the project improvements as constructed by D -Kal Engineering, Inc. in accordance with the plans and specifications for the City Hall Paring Lot ios Tale Improvements and the Crown Hill & Corbett Canyon Road Sidewalk Improvements, P 11 2008 -0 A; 2. direct staff to file ar Notice of Completion; and 3. authorize release of the retention, thirty -five 36 days after the Notice of Completion has been recorded, if no liens have been filed. FINANCIAL IMPACT: The Council authorized construction project amount is $1 90,626.63 ($173,296.83 base construction + $17,330 contingencies). The actual total construction cost, including authorized construction changes, is $306,308.52. The total cost of the project, including all design, construction, construction administration and testing costs, is estimated at $360,000. The City Mall Parking Lot & Eios ale Improvements costs are estimated at $48,050 and are funded from Sales Tax. The Crown Hill Sidewalks project is funded from a state Safe Routes tes to School SR2S grant. The grant pegs 90% of the project expenditures with the City providing the remaining 10% match. The Crown Hill Sidewalks costs are estimated at $ and are funded from S is grant ($270,303), Sales Tax ($29,614), and Expense Recover from sales of plans ($420). Agenda Item 8.i. Page 1 CITY COUNCIL CONSIDERATION ATiON of ACCEPTANCE of THE CITY HALL PARKING LOT BIOSWALE IMPROVEMENTS AND THE CROWN HILL AND CO BETT CANYON ROAD SIDEWALK ALK IMPROVEMENTS PROJECT MAY 25 21 BACKGROUND: On May 26, 2009, the City Council awarded a construction contract to D -Kal Engineering, Inc. for the City Hall Parking Lot & Bioswale improvements and the Crown Hill & Corbett Canyon Road Side walk Improvements Project in the amount of $173,297 and authorized the City Manager to approve contingencies in the amount of $17,330. The Crown Hill sidewalk project scope of work involved the construction of curb, gutter, sidewalk and retaining wall improvements along the frontage of four residential lots on Crown Hill and the construction of pedestrian improvements along the existing frontage roadway on Crown Hill between Paulding Middle School and Corbett Canyon Road ( State route 227) and on Corbett Canyon Road (State Route 227) between Crown Hill and Le Point street. The City Hall Bioswale scope of work involved the construction of a biowale on the south side of the parking lot directly adjacent to the City Hall building. Construction of the bioswale fulfilled the City's obligations under a settlement with the Water Q uality hoard. On August 11, 2009, the City Council authorized additional improvements in the amount of $175,000 that were not anticipated in the project design. The primary change was the revision of the northern connecting pedestrian pathway from the Paulding Middle School from Corbett Canyon Road (state route 227) to McKinley street dine to difficulties in obtaining an encroachment permit in a timely manner from Caltrans to perform work within their right -of -way. ANALYSIS of ISSUES; The contractor has completed the work in accordance with the approved plans and specifications. There are no outstanding issues. During the course of the project, the contractor encountered differing site conditions that resulted in additional costs to the contract. Additional material quantities, mostly with roadway paving on Crown Hill, Changes to the segmental retaining wall along the south side of Crown Hill between McKinley Street and Corbett Canyon Road, Additional expenses to construct a retaining wall on the east side of McKinley Street between Harrison Street and Le Point Street, Construction of an extended asphalt transition between the new sidewalk driveway approach and the existing residential driveway at 55 Crown Hill. Since the new concrete driveway narrowed the width of Crown Hill, the driveway also had to be slightly widened to create a turning radius for eastbound vehicles to enter the driveway without having to swerve into oncoming traffic. The wider driveway transition required a retaining wall on the west side of the driveway due Agenda Item 8.i. Page 2 CITY COUNCIL CONSIDERATION of ACCEPTANCE of THE CITY HALL PALING LOT BIOSWALE IMPROVEMENTS AND THE CROWN HILL AND CORBETT CANYON ROAD SIDEWALK IMPROVEMENTS EMENTS PROJECT MAY 259 2 1 to an approximate three foot difference in elevation between the driveway and the resident's front yard. ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration: - Approve staff s recommendations; - Do not accept the project; - Accept the project, but do not authorize release of retention; or Provide direction to staff. AD The project is complete. Accepting the improvements will allow staff to close the project and release the project retainage. DISADVANTAGES: TAGES: The disadvantage of accepting the improvements would be if subsequent deficiencies in the work were identified. However, the contract documents include a one -gear warranty period for the contractor to address any construction defects that may arise. ENVIRONMENTAL ONMEI TAL. F E IEW: The project is categorically exempt from CE QA pursuant to Sections 15301 and 15332. PUBLIC NOTIFICATION TIOI AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's web site on Friday, May 21 ,, 2010. No public comments were received. Attachment: 1. [notice of Completion Agenda Item 8.i. Page 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN T CITY '+ CLERK CITY OF ARROYO GRANDE P.O. BOX 550 ARROYO GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below. 2. The FULL NAME of the OWNER is: The Citv oLArroyo Grand 3. The FULL ADDRESS of the OWNER is: 214 East Branch Street , Arrovo Grande. California 93420 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON MDN arc: NAMES ADDRESSES Done 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES Done 7. All work of improvement on the property hereinafter described was COMPLETED April 30 2010 8. The NAME OF THE ORIGINAL CONTRACTOR- if any, for such work of improvement is: D -Kal Enzineerinje. Inc. 9. The street address of said property is: Kane 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: Ci y Hall Parking Lot & Bio swale Improvements are _ the Crown Dill S idewalk ImDro emen ts Proiect, P W 2005 -07 Verification of NON- fNDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of Caliform that I am the Director of Parks, Recreation and Facilities of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated there mi are true and correct. Teresa Mc lish, Community Development Director May 27, 201 , Arroyo Grande, California -- END OF DOCUMENT __ Agenda Item 8.i. Page 4 JULY 10, 1011 MEMORAI DUIII TO: CITY COUNCIL ..40N FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MIKE LI I , ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE EAST BRANCH STREETSCAPE PROJECT, PW 2009-01 DATE: MAY 25 2010 RECOMMENDATION: It is recommended the City Council: 1. accept the project improvements as constructed by Brough construction, Inc. in accord with the plans and specifications for the East Branch Streetscape Project, PI 2009-01; 2. approve an transfer o f $10,402 from the Pavement Management Program CIP project; 3. direct staff to file a Notice of Completion; and 4. authorize release of the retention, thirty -fire 3 days after the Notice of Completion has been recorded, if no liens have been filed. FINANCIAL IMPACT: The Capital Improvement Budget included of the project, funded as follows: $1 226,605 for the design and construction RSHA $1 53,605 USIAA $1'1 v 200 SAFE $120 Transportation Fund $113 Sales Tax $693,000 RDA $135, The actual total construction project cost, including authorized construction changes, is $899,507 ($699,2 0 base bid + $200,257 contract change orders). The total cost of the project, including all design, construction, contract administration and testing costs is estimated at $1,235,000. Staff requests a transfer of $10,402 from the Pavement Management- project since the additional funding was necessary primarily due to expanding the project scope of work to include microsurfacing of the street. The City Agenda Item 8.j. Page 1 CITY COUNCIL CONSIDERATION of ACCEPTANCE of THE EAST BLANCH STF EETSCAPE PROJECT, PIf 20091 MAY 25, 2010 PAGE 2 will also will receive a $10,305 reimbursement from the Gas Company for relocation of a steel gas main during the project. BACKGROUND: O January 8, 2009, council awarded a construction contract for the East Branch Streetsca pe Project to Brough construction, Inc. in the amount of $ and authorized the city Manager to approve change orders in the amount of $104,888. The project scope of the work involved the installation of decorative concrete bulbouts, crosswalk enhancements, drainage improvements, new street furniture, decorative streetlights, street trees, decorative railings, irrigation and electrical systems. ANALYSIS of ISSUES: The contractor has completed the work in accordance with the approved plans and specifications. There are no outstanding issues. During the course of the project, the contractor encountered differing site conditions that resulted in additional costs to the contract. The major changes included: Storm Drain Revisions $ $21,500 Electrical Revisions Upgrade $ $8,250 ADA Improvement Revisions $ $24,800 Sidewalk Revisions $ $11,500 Additional Paving at Bulb -Outs $ $7 The project contract change orders total $200,,957, which exceeds the council authorized contingency of $ 104,888 by $95,369. Since the contractors bid price was considerable less than the Engineers Estimate, the project budget allowed for performance of additional work that was not included in the original scope of work. The City added the following elements to the contractors scope of or# following contract award; Microsurfacing (Traffic Way to Mason Street) $48,000 Decorative sidewalk Accent Tiles $23 Decorative Pedestrian Handrails $8,250 Additional elements were also incorporated into the project on separate contracts including the decorative bicycle racks and informational signag. The decorative street lights were al §o installed on a separate contract. Agenda Item 8.j. Page 2 CITY COUNCIL CONSIDERATION of ACCEPTANCE of THE EAST BRANCH STI EETSCAPE PROJECT, PW 291 MAY 25, 201 PAGE 3 ALTERNATIVES: The following alternatives are provided for the Council's consideration. Approve staff's recommendations; - o not accept the project; - Accept the project, but do not authorize release of retention; or - Provide direction to staff. ADVANTAGES: The project is complete. Accepting the improvements will allow staff to close the project and release the project reainage. DISADVANTAGES: The disadvantage of accepting the improvements would be if subsequent deficiencies in the work are 'Identified. However, the contract documents include a ore -gear warranty period for the contractor to address any construction defects that may arise. ENVIRONMENTAL REVIEW: The project is categorically exempt from CE QA pursuant to Section 15301(c) and 15302. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's webite on Friday, May 21, 2010. No public comments were received. Attachments: 1. Notice of Completion Agenda Item 8.j. Page 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN 1 CITY CLERK CITY OF ARROYO GRANDE P.O. BOX 5 ARROYO GRANDE, CA 93421 NOTICE F COMPLETION NOTICE IS HEREBY GIVEN TAT: A17AC H ill E NT 'I I . The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below. 2. The FULL DAME of the OWNER is: _ The City ofArroyo Grande 3. The FULL ADDRESS of the OWNER is: 214 East Branch Street, t rrao Grande CaKornia 93420 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in 5 . THE FULL NAME and FULL ADDRESS of ALL PERSONS, NS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None_ - 7. All work of improvement on the property hereinafter described was COMPLETED May 7, 2010 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work f improvement is: Broygh Construction, Inc. 9. The street address of said property is: None 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: East B ranch S treetscgp e Pro ' et PW 2009-01 Verification of NON-INDIVIDUAL owner: 1, the undersigned, declare under penalty ofpedury under the laws of the Mate of Califomia that I a the Director of Parks, Recreation and Facilities of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. Teresa McChsh, Community Development Director May 27, 201 , Arroyo Grande, California __ END OF DOCUMENT __ Agenda Item 8.j. Page 4 RO A. INCORPORATED MEMORANDUM k it JULY 10, loll O N T. CITY COUNCIL FROM: TERESA I I CLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MIKE LII N, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT TO SOUZA CONSTRUCTION, INC. FOR CONSTRUCTION OF STREETS RESURFACING IN THE VICINITY OF ARROYO GRANDE HIGH SCHOOL, PIS 201 0-08 DATE* MAY 25 201 RECOMMENDATION: It is recommended the City Council: 1. award a contract for construction of Streets Resurfacing ing in the Vicinity o Arroy Grande High School to Souza Construction, Inc. in the amount of $347,350# and 2. authorize the City Manager to approve change orders for 10% of the contract amount, $34,735, for unanticipated costs during the construction phase of the project (total construction costs = $347,350 + $34,735 = $382,085). 3. find that the project is categorically exempt from CEQA pursuant to Section 15301 (c); and, 4. direct the City Clerk to file a Notice of Exemption. FINANCIAL IMPACT: The Capital Improvement Program budget includes approximately $400,000 for the project. The Engineer's Estimate was calculated at $425,000, not including testing, inspection or contract administration. BACKGROUND: The following streets in the vicinity of A rroyo Grande High School were constructed in the early 1960's and are in a deteriorating condition: Orchard Avenue — Fair Oaks Avenue to Pilgrim Way Pilgrim Way— Orchard Street to Arroyo Avenue Agenda Item 8.k. Page 1 CITY COUNCIL CONSIDERATION of AN AWARD of CONTRACT To SOUZA CONSTRUCTION, INC. FOR CONSTRUCTION of STREETS RESURFACING IN THE VICINITY of ARROYO GRANDE HIGH SCHOOL, PROJECT PW 2010 MAY 25, 2010 PACE 2 Arroyo Avenue — Pilgrim Way to Vilest Cherry Avenue Vilest Cherry Avenue — Arroyo Avenue to California Street The project scope of work includes the reconstruction of concrete drainage "valley" gutters and minor drainage improvements, installation of missing segments of side walk on orchard street near the Fair oaks Avenue intersection, replacement of ADA concrete ramps, pavement grinding, preleveling, fabric placement and paving with an asphalt concrete overl ANALYSIS of ISSUES: On April 13, 2010, seven bids were opened for the resurfacing project. The lowest responsive bid, from Souza Construction, Inc., was in the amount of $ ($255,517 Base bid + $g1,833 Alternate A). Staff has determined the bid to be responsive and recommends the award of a construction contract to Souza Construction, Inc. The Pavement Management Master Plan recommends a PC[ Pavement Condition Index) of 75 {out of a possible score of 1 og ) for city streets. The PCI ratings for the listed streets range between 13 and 21, which qualifies there to receive the asphalt concrete overlay treatment. Based on a geotechnical analysis and recommendations, staff designed the project for a two inch asphalt concrete overlay. Staff designed the project with a base bid and an additive alternate to enable the project to fit within the available budget: Base Bid Orchard Street and West Cherry Avenue (west of the Orchard Street intersection) Alternate A Vilest Cherry Avenue (east of the orchard Street intersection), Arroyo Avenue, Pilgrim Way The Base Bid includes the streets with the highest traffic volumes as they serge the school and the neighborhoods to the south. The Alternate A streets are resid ential. Staff recommends that Council award both the Base Bid and Alternate A. The contract time is 60 calendar days. Work is expected to begin in mid -dune and complete by raid- August. Agenda Item 8.k. Page 2 CITY COUNCIL CONSIDERATION of AN AWARD D of CONTRACT To SOU A CONSTRUCTION, INC. FOR CONSTRUCTION of STREETS RESURFACING IN THE. VICINITY of ARROYO GRANDE HIGH SCHOOL, PROJECT PW 2010-08 MAY 25 2010 PAGE 3 ALTERNATIVES: The following alternatives are provided for the council's consideration: 1. Approve staffs recommendations to award a construction contract to the lowest responsive bidder; 2. Do not award a construction contract for the project at this tire; or 3. Provide direction to staff. ADV Due to the current favorable bidding climate, the lowest responsive bid for the total of the Base Bid and Alternate A ($347,350) is well below the Engineers Estimate ($425,000) and can be performed within the current project budget. The streets were constructed in the early sixties and have had little roadway maintenance since that tire. Prolonging the application of the asphalt overlay at this time will only result in having to perform more expensive repairs to the roadway in the future. DISADVANTAGES: The only disadvantage would be if funding was committed that would not be available for a higher priority project, but staff does not believe this will occur given the priority of this project and other projects underway. ENVIRONMENTAL REVIEW: The project is categorically exempt from CE QA pursuant to Guidelines Section 15301 (c). PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, May 20, 2010. The agenda and staff reports were posted on the City's website on Friday, May 21, 2010. No public comments were received as of the time of preparation of this report. Attachment: 1. Bid Tabulations 2. Notice of Exemption Agenda Item 8.k. Page 3 Attachment No. 1 .3 MCI APORATE imy 10. loll BID OPENING LOG SHEET Io CITY OF ARROYO GRANDE DEADLINE: May 13, 2010; 2 :00 , . Streets Resurfacing in the Vicinity of Arroyo Grande High school Project SUBMITTED BASE BID ALTERNATE A Rockwood good General Contractors $257,873.00 $95 I iporno, CA R. Burke Co r p oration $27'8,145.00 $95 San Luis Obispo, CA Papich Construction $278,246.00 $146,254.00 Pismo Beach, CA Brou Construction $268,877.00 $96,632.00 Arroyo Grande, CA Construction Cora $347J83.00 $119,155-00 Granite Company Santa Barbara, CA Souza Construction $255,51 7.00 $91,833.00 San Luis Obispo, CA CalPort a nd Construction $272 $81,715-00 Santa Maria, CA 7 e 4,- - 7 Kitty Nort ,Deputy City Clerk c: City Manager Director of Recreation and Maintenance Services Director of Community Development Assistant City Engineer Agenda Item 8.k. Page 4 A TTACHM E NT T 1 . Notice of Exemption T: Office of Planning and Research 1440 Tenth Street, Room 12 Sacramento, CA 95814 9 County Clergy County of Sari Luis Obispo County Government Center San Luis Obispo, CA 93408 Proj Title: st reets Resurfacing urfacin in th V icinLty of Arroy Grande fffgh School, P roiect _ P - Project Location - Specific: Orchard Street. lest Cherry Avenue E rlm W ay , Arroy enue Project Location - city: Arroyo Grande Project Location - county: San Luis Obis Description of Project: Perform a half concrete overfa,�r Name of Public Agency Approving Project: City of Arroy Grande — Community eve nt D . Name of Person o Agency Carrying out Project: Michael Linn P. E. Exempt Status: (check one) ❑ Ministerial (Section 130b1; 15288); ❑ Declared Emergency (Sec. 2108 15269 ❑ Emergency Project {Sec. 2108b; 19bc; [i] Categorical Exemption. State type and section number: secti 1530 c ❑ Statutory E Mate code number: Reaso Why Project Is Exempt: Pr o rovides maintenance ficafions on th surface of e existinq roadway, rep lace lave a Ln concrete drains a swages. Lead Agency Contact Person: Michael Linn P. E. Area Cod efTelephon /Extension: 805 473 -5444 From: (Public Agency) City of Arroyo Grande P.O. Box 580 Arroyo Grande, CA 941 If filed by Applicant: Signature: 1. Attach a certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project's 19 Yes ❑ No Date: Teresa McClis Community Development Director 9 Signed by Lead Agency ❑ Date received for filing at PI: ❑ Signed by Applicant Agenda Item 8.k. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.k. Page 6 p � INCORPORATED MEMORANDUM JULY 10. 41 To: CITY COUNCIL to FROM: TERESA MDCLISH, COMMUNITY DEVELOPMENT T DIRECTOR SUBJECT: ADOPTION of A N ORDINANCE AMENDING TITLE 16 To CLARIFY AGRICULTURAL CONVERSION AND MITIGATION REQUIREMENTS DATE: MAY 25 201 RECOMMENDATION: TION: .= It is recommended that the City Council adopt an ordinance amending Title 16 of the Municipal Code Development Code) to clarify agricultural conversion and mitigation requirements. FINANCIAL IMPACT: N o fiscal impact at this time. B ACKGROUND: O n September 22, 200 9, the City Qouncil directed staff to present specific alternatives to the Planning Commission for a recommendation to the City Council for definition of conversion and when mitigation is required. on April 20, 2010 the Planning Commission voted 3 -2 Grote to recommend to the City Council approval of Development Code Amendment Case No. 10-00 1 to clarify the definition of "Agricultural Land" for the purposes of conversion and Agricultural mitigation policies, On May 11 # .201 o the City Council voted 3 -1 to introduce the ordinance. ANALYSIS of ISSUES: The purpose of this proposal is to add Tess two primary issues that have been identified. The first is whether mitigation for loss bf prime soils should be required for development of property that is not zoned agriculture. The second is whether to modify language in the Development Code to provide more discretion to the City Council to determine ghat constitutes appropriate mitigation. Given that the City has considered the conservation of agricultural resources on a Citywide basis and took action to re -zone p roperty based on this analysis, staff continues to maintain that land not zoned for agriculture is not subject to agricultural mitigation even when the land includes prime soils because it is not designated for Agenda Item 8.1. Page 1 CITY COUNCIL DEVELOPMENT T CODE AMENDMENT T CASE NO. 10-001 MAY 25, 2010 PAGE 2 a use. in order to clarify this intent -for future applications, the following proposal is included in the attached Ordinance. (Right to Farm) 1 .12.1 o B. Applicability. "Agricultural land' means lend use categories identified in the land use element land zoned exclusively for agricultural use (as defined in Section 16.04.070), or, for the purposes of subsections C. D. and E, lend in agricultural production. This change is intended to clarify that land in agricultural production is considered agricultural land for the purposes of the City's Fight to Farm policy (C), Public Information of the Fight to Farm Policy D and the application of Agricultural buffers E. Subsection 16.12.1 70 F. Agricultural Land Conversion. 1. The city shall require agricultural mitigation by applicants for discretionary entitlements which will subdivide or change the use of land zoned Aa riculture or Ag riculture Preserve to any non - agricultural use. This change is intended to further clarify that mitigation is required for any impacts to land zoned for agricultural use. In any application of "conversion" and resulting mitigation, the City must be mindful of the legal principals of "rough proportionality" as applicable to the amount of mitigation required for converted land. I n ul ural MiAgation Required mitigation includes the preservation of other land by a farmland easement or payment of in -lieu fees to be used to acquire a farmland easement either inside or outside the City limits. The following modifications to existing code language for mitigation were included in the ordinance introduced by the Council: 16.12.170.F.2. Agricultural mitigation shall be satisfied by: a. Granting an agricultural conservation easement, a farmland deed restriction or other a ricultural conservation mechanism to or for the benefit of the city and/or a qualifying entity approved by the city. Mitigation shall be required for that portion of the land which no longer will be designated or zoned agricultural land, including any portion of the load used for park and recreation purposes that will 1 errnanentl p rotect rime ag ricultural and j2 soils from development; 2 or will benefit preservation of agricultural land and operations through other means as determined by the City council At least as many acres of prime agricultural land shall be protected as was changed to a non - agricultural use within city limits, or up to two 2 times as many acres of agricultural land shall be protected outside the city but within the city's area of environmental concern, as was changed to a nonagricultural use, in order to mitigate the loss of agricultural land; or b. In lieu of conserving agricultural land as provided above if the city council determines that the payment of in -lieu fees provide a superior opportunity to satisfy the Agenda Item 8.1. Page 2 CITY COUNCIL DEVELOPMENT CODE AMENDMENT CASE No. 10-001 MAY 25 201 PAGE 3 g oals and policies of the general plan, agricultural mitigation may be satisfied by the pa of a fee, established by the city council by resolution or through an enforceable agreement with the developer, based upon a farmland replacement factor of up to two - to -one 2 :1 to be used for acquisition of a farmland conservation easement or farmland deed restriction. The in -lieu fee option must be approved by the city council. The fee shall be # ■ ■ ' based upon current appraisal information for the acquisition of a conservation easement on replacement ent land plus all related City administrative and legal costs. The in -lieu fee,, paid to the city, shall be used for farmland mitigation purposes, with priority given to lands with prime agricultural soils located within the city; or c. other mitigation measures may be determined acceptable by the City Council. ALTERNATIVES: Alternatives were preciously presented to the Planning Commission and city council including requirements that mitigation be required for land that includes prime soils regardless of its zoning and past consideration. The Planning Commission and council rejected all alternatives. Discussion included whether reliance on zoning is the best mechanism for long term conservation and if the proposed amendments to requirements for mitigation were too flexible. While the proposal to amend the Development Code to clarify conversions may not prevent the conversion of non - agriculturally zoned /designated land, it should continue to provide a strong mechanism for the conservation and protection of agricultural resources in the City by maintaining the existing acreage of farmland within or immediately surrounding the city. Additionally, flexibility in the type of mitigation is consistent with General Plan language and provides the Council Frith the ability to determine the adequacy of mitigation on a case by case basis. ADVANTAGES: Advantages to pursuing modification to City regulation regarding agricultural conversion and agricultural mitigation include the opportunity to clarify General Plan policies and provide a level of expectation and related planning to applicants and the public. DISADVANTAGES: Disadvantages advantages to the proposal may include continuation of implementation of General Plan policies that would not apply mitigation to the development of non -Ag zoned property, and therefore fees or additional easement acquisitions would not be realized for such proposals. ENVIRONMENTAL I IENTAL RE IEW: In compliance with CE A, the Community Development Department has determined that this project is consistent with the 2001 General Plan for which an EIR was prepared per Agenda Item 8.1. Page 3 CITY COUNCIL DEVELOPMENT CODE AMENDMENT CASE No. 10-001 MAY 2 , 201 PAGE 4 Section 15183 of the CEA Guidelines. If the City Council does not feel that this determination is appropriate, project approval will net be considered. PUBLIC NOTIFICATION: The required public hearing notice was published in The Tribune on April 30, 2010. The Agenda was posted in front of City Hall on Thursday, May 8,, 2010 and May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 7, 2010 and May 21, 2010. No public comments were received. Agenda Item 8.1. Page 4 ORDINANCE Flo. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 10 -001) TO CLARIFY AGRICULTURAL CONVERSION AND MITIGATION REQUIREMENTS WHEREAS, EAS, the City Council of Arroyo Grande adopted the updated General Plan on which became effective on October 9, 2001 which recognizes the historic role of agriculture within the community and outlines goals, objectives and policies regarding the retention of agricultural lands within and adjacent to the City; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and . WHEREAS, EAS, the City is required to complete a comprehensive review and necessary revisions to the Development Code and zoning map for consistency with the General Plan in accordance with Government Code Section 65860; and WHEREAS, on August 26, 2003 the City Council of the City of Arroyo Grande reviewed and considered the information in the Report ort ors the Conservation of Agriculture in the City of Arroyo Grande, as well as public testimony presented prior to and at the public bearings and adopted Resolution No. 3699 to initiate implementing ordinances and programs; WHEREAS, Chapter 16.28 of the Arroyo Grande Municipal Code implements the policies of the General Plan by providing for areas wherein uses are limited to agricultural and compatible pursuits and wherein development regulations restrict the intrusion of urban and rural development; and WHEREAS, EAS, the City Council of the City of Arroyo Grande has reviewed and considered the information in the proposed Ordinance and public testimony presented at the public hearings, Planning Commission recommendations, staff reports and all other information and documents that are part of the public record for this matter; and WHEREAS, S, tine City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. The proposed amendment to the Zoning Map and revisions to Title 1 is consistent with the goals, objectives, policies, and programs of the General Plan, and is desirable in order to implement the provisions of the General Plan based on Resolution No. 3699 and further finds that: Agenda Item 8.1. Page 5 ORDINANCE AI CE f ro. PAGE 2 1. The acreage of prime agricultural land within the City limits is a particularly important resource, has unique qualities and benefits the community through the provision of productive open space, economic activity and employment base, wildlife habitat and an important filter to rain runoff, sustaining rural community character, and the provision of locally grown produce. 2. The acreage of agricultural land within the City limits has rapidly decreased over the previ three decades and is particularly threatened due to encroaching urban development, available infrastructure and lend costs that are substantially higher than average costs of agricultural lands within the County of San Luis Obispo. 3. The protection of agricultural acreage within the City's Area of Environmental Concern is important to preserving a strong urban edge and preventing urban sprawl. 4. The protection of agricultural lands within the city limits is the City's greatest priority as described in the 2001 General Plan followed by lands adjacent to the city limits, and thirdly, other agricultural lands within the City's Area of Environmental Concern planning area. 5. It is the polio of the City to work cooperatively with San Luis Obispo County to preserve agricultural land within the City's Area of Environmental concern planning area, beyond that deemed necessary for development; it is further the policy of the City to protect and conserve agricultural land, especially in areas presently farmed or having class I or 11 soils or areas that are presently or were historically fanned or are potentially capable of being farmed. 6. some urban uses when contiguous to farmland can affect hover an agricultural use can be operated,, which can lead to the conversion of agricultural land to urban use. 7. By requiring conservation easements as a condition for land being converted from an agricultural use and by requiring a one hundred foot buffer, the City shall be helping to ensure prime farmland remains in or available for agricultural use. B. The proposed amendment to the Zoning Map and revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed amendment to the Zoning Map and revisions to Title 16 is consistent with the purpose and intent of Title 16. Agenda Item 8.1. Page 6 ORDINANCE NO. PAGE 3 D. A Program EIR was prepared and certified on October 9, 2001 for the 2001 General Plan update which incorporated an analysis of agricultural buffers within the City of Arroyo Grande and the proposed amendments to Title 16 are w ithin the scope of the Program EIR and the potential environmental impacts of the proposed amendment are determined by this Council to be less than significant. NOW, , THEF EFOF E, THE CITY COUNCIL of THE CITY of ARROYO GRANDE DOES ORDAIN As FOLLOWS: SECTION 1: The above recitals and findings are true and correct. SECTION 2: Arroyo Grande Municipal Code Sections set forth hereinbelor are hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by this reference: a. Amend Subsections: 1 .12.170 .,1 .12.170.F.1 and 16.12.170.F.2. SECTION : 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 phrases be declared unlawful. SECTION : A summary of this Ordinance shall be published in a newspaper published and circulated in the city of Arroyo Grande at least five b days prior to the city council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen 1 days after adoption of the ordinance, the s ummary with the names of those City council Members voting for and against the ordinance shall be published again, and the city Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION : This Ordinance shall become effective thirty 30 days after the date of its adoption. Agenda Item 8.1. Page 7 ORDINANCE NO. PAGE O motion o f Council Member following roll call Grote, to-wit: AYES: NOES: ABSENT: seconded by Council Member , and on the the foregoing ordinance was adopted this dart' of , 201o. Agenda Item 8.1. Page 8 ORDINANCE NO. PAGE TONY FERRARA, MAYOR ATTEST: KELLY WETM RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. C RMEL, CITY ATTORNEY Agenda Item 8.1. Page 9 EXHIBIT "A " 1 .12.17g B. Applicability. "Agricultural land" means land use categories identified in the land use element, land zoned exclusively for agricultural use as defined in section 16.04.070), or for the purposes of subsections C. D. and E, land in agricultural production. 1 .12. 17g F. 1. Agricultural Lend Conversion. The city shall require agricultural mitigation by applicants for discretionary entitlements which will subdivide or change the use of land zoned Ag ri cu lture or Ag ri cu lture Preserve to any non - agricultural Wr use. 16.12.170.F.2. Agricultural mitigation shall be satisfied by: a. Granting an fa .r�,1 agricultural conservation easement, a farmland deed restriction o r other agricultural conservation mechanism to or for the benefit of the city and a qualifying entity approved by the city. Mitigation shall be required for that portion of the lend which no longer will be designated or zoned agricultural land including any portion of the land used for perk and recreation purposes that will I )permanently protect prime agricultural and prime soils from development; 2, or gill benefit preservation of agricultural land and operations through other means as determined by the City Council. At least as many acres o f prime agricultural lend shall be protected as was changed to a non - agricultural use within city limits, or up to two 2 times as many acres of agricultural land shall be protected outside the city but within the city's area of environmental concern, as was changed to a nonagricultural use, in order to mitigate the loss of agricultural land; or b. In lieu o conserving agricultural lend as provided above if the city council determines that the payment of in -lieu fees provide a superior opportunity to satisfy the goals and policies of the general plan, agricultural mitigation may be satisfied by the payment of a fee, established by the city council by resolution or through an enforceable agreement with the developer, based upon a farmland replacement factor of up to two- to-one 2 - .1 to be used for acquisition of a farmland conservation easement or farmland deed restriction. The in -lieu fee option must be approved by the city council. The fee is GGRG8F;1ntOGR shall be . .. nt based upon current appraisal information for the acquisition of a conservation easement on replacement land plus all related City administrative and legal costs The in -lieu fee, paid to the city, shall be used for farmland purposes, mitig ation ur , ith priority given t lands with prime g p p agricultural sails located within the city; or c. Other riticration measures may be determined acceptable by the City Council. Agenda Item 8.1. Page 10 IN ORPORATED C) � r"N JULY 10. 1011 T: FROM BY: CITY COUNCIL MEMORANDU STEVEN N. ANNIBALI, CHIEF OF POLICE JOHN W. HOUGH, POLICE COMMANDER SUBJECT: INTRODUCTION N of A PROPOSED ORDINANCE ANCE ADDING CHAPTER 9.29 ENTITLED "PROXIMITY RESTRICTIONS ICTIONS T CHILDREN'S FACILITIES FOR REGISTERED ED SEX OFFENDERS" To THE ARROYO GRANDE MUNICIPAL CODE DATE: MAY 25, 201 R ECOMMENDATION: It is recommended that City Council introduce the attached ordinance adding Chapter 9.29 entitled "Proximity Restrictions to Children's Facilities for Registered Sex O ffenders" to the Arroyo Grande Municipal Code. FINANCIAL ►L IMPACT: Adoption of this Ordinance will have no financial impact upon the City. BACKGROUND: Sex offenders present a clear threat to children in the c ommunity. Convicted sex offenders have been objectively determined to be more likely than any other type of offender to re- offend for another sexual assault. The City and the Police Department have a desire to create pro - active precautionary measures to protect children in the c ommunity. Adoption of this proposed ordinance will strengthen those precautionary me as u res. ANALYSIS of ISSUES: The proposed ordinance provides that registered sec offenders may not be within Soo feet of schools, perks, and day care centers (defined in the proposed ordinance as a "children's facility" for the purpose of observing a child, loitering or if they return after having been asked to leave. Adoption of this proposed Ordinance will better protect children from se offenders by limiting places and facilities frequented by children where such offenders can spend time. By doing so, this proposed ordinance provides the Police Department with a more pro - active tool to ensure the safety of children. Residency y restrictions for sexually violent predatory sec offenders and serious paroled sec offenders are already codified In state statutes. Agenda Item II.a. Page 1 CITY COUNCIL INTRODUCTION of A PROPOSED ORDINANCE ADDING CHAPTER 9.23 ENTITLED "PROXIMITY RESTRICTIONS ICTIONS To CHILDREN'S FACILITIES FOR REGISTERED ED SEX OFFENDERS" To THE ARROYO GRANDE MUNICIPAL CODE MAY 25, 2010 PAGE 2 As a specific example of a situation for which this proposed ordinance would be applicable, the Police Department has had several contacts with a transient sec offender who is registered with the San Luis Obispo Police Department. The subject is not on parole or probation. He is living out of his vehicle. The subject was contacted two times at parks in the City, once at Heritage Square Park and once at strother 'ark. Both times the subject was given warnings to leave the park, to which he did comply. However, under this proposed ordinance a pro - active arrest of the subject could have been made in both these cases without the necessity of a request to leave, even though that course of action would remain as an option. If adopted, registered sex offenders residing in the City will be provided with a copy of the Ordinance prior to the date the Ordinance would become effective and thereafter at the time of their registration with the Police Department. This proposed ordinance is modeled after a similar ordinance adopted by the city of Santa Ana in 2006. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff recommendation; - Do not approve staff recommendation; - Modify staff recommendation as appropriate, including but not limited to changing the language in the proposed ordinance; - Provide direction to staff. ADVANTAGES: Adopting this proposed Ordinance will help ensure the safety of children by providing the Police Department with a pro - active tool for restricting sec offenders at or near children's facilities. DISADVANTAGES: There are no identified disadvantages. ENVIRONMENTAL REVIEW: This item is exempt from CE QA per CE QA Guideline 15062(b)(3). PUBLIC NOTIFICATIONS AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. No public comments were received. Agenda Item II.a. Page 2 ORDINANCE No. AN ORDINANCE of THE CITY COUNCIL of THE CITY of ARROYO GRANDE ADDING CHAPTER 9.29 ENTITLED "PROXIMITY RESTRICTIONS To CHILDREN'S FACILITIES FOR REGISTERED SEX OFFENDERS" To THE ARROYO GRANDE DE MUNICIPAL CODE WHEREAS, the City council of the City of Arroyo Grande recognizes that convicted sex offenders pose a clear threat to the safety of children in the community; and WHEREAS, the City Council of the city of Arroyo Grande recognizes that convicted sex offenders have been objectively determined to be more likely than any other type of offender to re- offend for another sexual assault; and WHEREAS, S, the City Council of the City of Arroyo Grande desires to create pro - active precautionary measures to protect the safety of children in the community; and WHEREAS, S, the City Council of the city of Arroyo Grande desires to reduce the potential risk to the safety of children in the community by impacting the ability for convicted sex offenders to be in contact with children in locations that are primarily designed for use by, or are primarily used by children; NIA, THEREFORE BE IT ORDAINED by the City council of the City of Arroyo Grande as follows: SECTION 1. Chapter 9.29 is hereby added to Title 9 of the Arroyo Grande Municipal Code as set forth in Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference. SECTION 2. 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. SECTION 3. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full tent of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen 1 days after adoption of the Ordinance, the summary with the names of those City council Members voting for and against the Ordinance shall be published again, and the city Clerk shall post a certified copy of the full tent of such adopted Ordinance. SECTION 4. This Ordinance shall take effect thirty 30 days after its adoption. Agenda Item II.a. Page 3 FINANCE N, PAGE 2 On motion by Council 1ember seconded b y Council 1emb a nd by the following roll call vote to it: #'AYES. NOES: ABSENT: the foregoing Ordinance was adopted this day of , 201 . Agenda Item II.a. Page 4 ORDINANCE I. PAGE TONY FEF RARA, MAYOR ATTEST: KELLY WETM RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER ER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item II.a. Page 5 ORDINANCE No. PAGE EXHIBIT A CHAPTER 9.29 PROXIMITY RESTRICTIONS TO CHILDREN'S FACILITIES FOR REGISTERED SEX OFFENDERS Sections: 9.29.010 Purpose. 9.29.020 Definitions. 9.29.039 Prohibitions. 9.29.00 Notice. 9.29.050 Criminal penalties. 9.29.010 Purpose. Sex offenders present a clear threat to children in the community. Convicted sex offenders have been objectively d etermined to be more likely than any other type of offender to re-- offend for another sexual assault. The city and the Police Department have a desire to create pro - active precautionary measures to protect children in the community. The purpose of this Ordinance is to strengthen those precautionary measures and reduce the potential risk of harm to children in the community by impacting the ability of convicted sec offenders to be in contact with children in locations that are primarily designed for use by, or are primarily used by, children. 9.29.020 Definitions,. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to therm in this section, except where the content clearly indicates a different meaning: A. "Child" or 'Ichildren" shall mean any person under 18 years of age. B. "City" shall mean the city of Arroyo Grande. C. "children's facility" shall mean any school, day care center, or park. D. "Day care center" shall mean any child day care facility other than a family day care home and includes infant centers, pre - schools, extended-day care facilities and school -age child care centers as defined in Section 1 596.76 of the California Health and Safety code and licensed pursuant to the provisions of the California child cay Care Facilities Act (California Health and Safety code Sections 1596.70 et seq.). E. "Loitering" shall mean to delay or linger within three hundred Soo feet of a children's facility and for the purpose of committing a crime as opportunity may be discovered. F. "Park" shall mean any public park or recreation or playground area or building or facility thereon within the city owned and maintained by the city as a public park or recreation or playground area. Agenda Item II.a. Page 6 ORDINANCE No. PAGE G. "school" shall mean any institution of learning for minors, whether public or private, offering instruction ion those courses of study required by the State Education Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten, elementary school middle or junior high school, senior high school,, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. H. "Sec offenders' shall mean a person who is required to register with a governmental entity as a sex offender when the underlying offense was a crime involving a child. 9.23.030 Prohibitions. sec offender is prohibited from being on or within three hundred (300) feet of a children's facility: A. While there for the apparent purpose of observing a child or children; B. while loitering, or C. if the sec offender returns at any time after having been notified to leave by the owner or any authorized official of such children's facility. Three hundred Soo feet shall be measured from the property lines of the parcel so zoned or used of each children's facility without regard to intervening structures. 9.23.040 Notice. A. Registered sec offenders residing in the City, prior to the date this Chapter becomes effective, shall be personally advised of the ordinance by the Police Department or mailed a copy of the Ordinance by first c lass mall to their residence. B. Thereafter, registered sec offend who register with the Police Department shall be provided a copy of the Ordinance at the time of their registration. 3.23.050 Criminal penalties. A violation of any provision of this Chapter is a misdemeanor. Agenda Item II.a. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item II.a. Page 8 "F K JMV10.r911 , MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER/ SUBJECT: CONSIDERATION F APPOINTMENT TO FILL CITY COUNCIL VACANCY DATE: MAY 25 2010 RECOMMENDATION: It is recommended: 1 the City Council approve an appointment to fill the existing City Council Vacancy; and 2 the individual appointed be sw in and take the Oath of Office administered by the City Clerk. FINANCIAL IMPACT: There is no cost impact from making the appointment. BACKGROUND: Council Mem ber Arnold announced his resignation at the April 27, 2010 meeting and subsequently submitted a formal letter of resignation, which became effective May 5, 2010. State law does not identify any specific procedure that must be followed in filling a Vacancy on a City Council. Therefore, the City Council has considerable discretion in determining what procedure to utilize, with the only significant constraint being the thirty 30 day statut time frame within which to act, which means the Council must take action prior to .June 5, 2010. At the May 5, 2010 Special Meeting, the City Council considered options for the process to fill the Vacancy. The following was agreed upon: 0 The City Council Vacancy would be filled by City Council appointment. 0 Application and Notice o Vacancy forms were approved and a deadline to submit applications by May 17, 2010 was established. An applicant public forum would be scheduled to provide public involvement in the process by allowing members of the public to ask questions of the applicants. Three City Council questions were developed and approved for applicants to respond to at the forum. Agenda Item 11.b. Page 1 CITY COUNCIL CONSIDERATION F APPOINTMENT TO FILL CITY COUNCIL VACANCY MAY 2 , 2 1 PAGE 2 The appointment was scheduled to take place at the May 2, 2010 meeting. Following an additional opportunity for applicant and public feedback, Council Members would rank all the applicants. The rankings would be tabulated and presented by staff. The initial motion would be for either o f the top two ranked applicants. The new Council Member would be sworn in and seated at the May 25, 2010 meeting. Staff issued the Notice of Vacancy and a press release. Applications were railed to those that submitted letters of interest. The public forum was scheduled and conducted on May 19, 2010, which was moderated by the League of women voters. Announcements of the forum were placed on the City's website, cable television government access channel, and through a flyer distributed to m unity organizations. The forum was taped by AGP video and subsequently broadcast on the City's cable television government access channel a number of times. ANALYSIS OF ISSUES: The City received applications from the following individuals: 0 Tire Brown William B. Honeycutt Shannon M. Kessler 0 George M. Martin • Timothy J. Moore 0 jW IiJamie" Ohl 0 Ca re n B. Ray The City Clerk has verified that they are eligible State law. Copies o the applications are attached. for appointment pursuant to The Brown Act requires that all deliberation and action regarding the appointment be done in public. Per Council direction, a ranking f ,rm is attached. The following process is recommended based upon dire pr by the City Council at the May meeting: 1. Each applicant is provided an opportunity to make a three minute statement. 2. City Council members may ask questions of the applicants either after their statement or at the end of all their statements. 3. The public is provided an opportunity for comment. 4. City Council may discuss the applications and/or process. 5. The ranking form is completed by each Council Member. The tabulation will be done openly at the meeting. Once the ranking forms are completed, it is recommended they be submitted to the City Clerks to tabulate the results. As a part of the tabulation process, each Council Member's individual Agenda Item II.b. Page 2 CITY COUNCIL CONSIDERATION of APPOINTMENT To FILL CITY COUNCIL VACANCY MAY 25 2010 PAGE 3 ranking sheet will be displayed for public review and results will be entered onto a Final Flanking Sheet. Upon tabulation by the City Clerk, the final applicant rankings will be displayed. The City Council may then utilize the results in formulating a motion for the appointment. When an appointment is approved by a majority of the Council, it is recommended the individual appointed be invited to come for ward to be sworn in by the City Clerk and be seated for the remainder o f the meeting. If for some reason the City Council is not successful in approving an appointment at the meeting, it would still have until .June 5, 2010 to take action. Therefore, it is recommended mended that a special meeting be scheduled if this were to occur. ALTERNATIVES: The following alternatives are provided for the Council's consideration: The City Council may make the appointment per the process set forth by the Council at the May 5 th meeting and outlined above. The process outlined above was based solely on staffs understanding of Council's direction at the May 5 th meeting. If the process described is not accurate, or the Council would like to change the process formerly agreed upon, it has the discretion to do sc. Therefore, the Council could modify the process and make the appointment at the meeting. The Council may delay the appointment and schedule a special meeting. The Council may provide other appropriate direction to staff. ADVANTAGES* The appointment shall fill the vacancy in a timely manner and provide a full City Council to address a number of important City issues that will be coming up in the near future. The process developed by the City Council is fair, objective and provides for public involvement. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL ONMENTAL F E IEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, May 20, 2010. The Agenda and report were posted on the City's website on Friday, May 21, 2010. Any correspondence received separately from the applications is attached. Agenda Item 11.b. Page 3 CITY COUNCIL CONSIDERATION of APPOINTMENT To FILL CITY COUNCIL V ACANC Y MAY 25 201 PAGE Attachments: 1. Notice of Vacancy 2. Vacancy Applicant Forum Announcement ent 3. Applications 4. Applicant Flanking Forms 5. Public Correspondence Agenda Item II.b. Page 4 ATTAC H E NT 'I CITY of . CITY OF ARROYO GRANDE NOTICE OF INTENTION To FILL A VACANCY FOR MEMBER F THE CITY COUNCIL BY APPOINTMENT T Notice is hereby given that the City of Arroyo Grande is accepting applications for appointment as City Council Member to fill the vacancy created by the resignation of Ed Arnold. The terra o f this office will begin on the date of appointment and end in December, 2012. Candidates must be at least 1 years o f age, reside w ithin the corporate limits of the City of Arroyo Grande, and be registered to vote in the City of Arroyo Grande. To be considered for appointment to the office of City Council Member, applicants rust attend the meeting on Tuesday, May 25, 2010, beginning at :00 p.m. Applicants will have the opportunity to provide a three minute presentation to the Council. Council intends to make a selection on Tuesday, May 25, 2010, or w ithin a fever days thereafter. Application Period: :00 a.m. on Wednesday, May 6, 2010, through 5:00 p.m. on Monday, May 17, 2010 Applications are mailable from: Office of the City Clerk City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93420; and City's ebsite: www.arroyogrande.org Original, signed applications rust be delivered to the office of the City Clerk, 214 E. Branch Street, Arroyo Grande ( no postmarks or faces accepted). Application Deadline: 5:00 p.m. on Monday, May 17, 2010 no extensions) For more information, contact the City Clerk's Office at 805 - 473 -5400. Agenda Item 11.b. Page 5 � ary of ATTACHMENT 14 A -.i City of Arroyo Grande CITY COUNCIL VACANCY APPLICANT PUBLIC FORUM Wednesday, May 19, 2010 Woman's Club and City of Arroyo Grande Community Center 211 Vernon Street, Arroyo Grande 6:00 P.M. - 80030 P.M. Moderated by the League of Women Voters The public is invited and encouraged to attend. A pplicants for the vacant City of Arroyo Grande City Council seat will answer questions submitted by the public to assist the City Council in ma king an appointment at the May 25, 2010 Council meeting. For more information, contact the City Clerk's Office at 4T3 -5400. Agenda Item II.b. Page 6 ATTACHMENT 3 s ITYG _ � C � 1 � lam►, -' CITE F ARROYO RAND 2 F �* �► . ~ � �- APPLICATION TO FILL COUNCIL VACANC Applicant must be a resident of the City o Arroyo Grand Ap Deadline: Monday, May 17, 2010 ~ 5:00 P,M. Are you now Servin on a City CoMm ieeionlCornm ittee if go, wh ich ? Have you previously served on a City Board, Commission, or Committee If yes, whi body and dates of servic /01 E DUCATION (include professional or vocational licenses r *certiflcatas� on A C E 3i 4� DL W11111 I 11.1 5W� # +� �� r �� ii L16 / u7to E: r POSITION OR TITLE: Exalain vour reason(s) for wanting to serge: n (2/7 4& uotq cuillU / WWUU f0 &MP;qU& - �o pulsti 14 haj P 055,01. Agenda Item 11.b. Page 7 Return to City Clerk's Q ff i 1 E. Branch Street, A Grande, CA 93420 QUALIFICATIONS OR EXPERIENCE: (Applicable to the purpose and subject matter of this appointment) y� COfY111AUNlTY INVOLVEMENT (List organization memborshtps and aommittsa assipnmsnta} v �c5f —1k / A 4 1 4 17 , 111 ) 9 7 M 71-13 9'0 REFERENCES: Dist throe persons, not relative&, who have knowledge of your character, exporien e, community involvement, and abilities. You may & 190 attach letters of reference and/or a resume (optional). PLEASE O BTAIN PERMISSION FROM INDIVIDUALS BEFORE E L.I TI THEM AS A REFERENCE. 10E. re ern � -avrrn "a l v ra am 0- 8 �V .■■ +a %W%FmSAarOW WW ..W -_ -- -_ -- —_ ; ! hereb ddla�re #bat �t1e nay knowled and belief. .......... . Ll y 0 Applicant Signature Date Notice to Appli 1 Applicants appointed by the City council are required to take an Oath of fine. State law and the C Conflict of interest Cade re quires that Council Members file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving office (e.g.. saurces of income, loans, g investments, interests in real property within the City). This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. FOR USE By CITY LE #CA O FFIC E: Received by: (D ate Stamp REC EIVED MAY � c� 2010 Page 2 of 2 ARCO�O�DE K Agenda Item II.b. Page 8 May 31 2010 City Council Members V5 East Branch street Arroyo Grande, CA. 93420 Dear Honor M ayor Tony Ferrara, Mayor Pro Tern Jim Guthrie, Council Members Joe Costello and Chuck Fellows, I'm r g re uest our consideration for nay appointment to re the Arroyo Grande city Council. involved with c` issues starting with the General Plan � have been �nvoly y , t * live I r e p resent a large cross section of ci t i zens i Update �n �'� . l believe p who l Arro Grande. ll experience with the Planning Commissi within the City of .. hearing proces makes me ideally suited for serving the citizens o and the bloc he g � var ve learned to balance the often corseting interest o Arroyo Grande. i h s tak e h o ld e rs involved d in the process, while making sound decisions. I have a strong cork ethic * and have a record of doing y 110rne +r r " on 'Important issues facing the city. #full re quest For these r I reec � our consideration during the � appointment process, Best R Tim Brown RECEIVED I MAY 0 8 2010 CRY of ARRM C4*9* C OMMUICYIDEVR OPMENt Agenda Item II.b. Page 9 C ITY OF CITY OF ARROYO GRANDE 4 L COUNCIL VACANCY + • APPLICATION TO ��L Applicant ren t b e a resident of the City O f A rroyo G rand e Application Deadline: Monday, May 17, 201 � 5:00 p.m. Return t2 Ci 1 rl 's Offi 214 E. Branch Street, Arroyo Gr CA 93420 • ARE YOU 1 YEARS OF AGE R OLDER? Yes � � ARE YOU REGISTERED TO VOTE? Yes MAL Last First IAA l ADDRESS: DO YOU RESIDE WITHIN THE CITY LIMIT O TH�F CITY OF ARROYO GRANDE Numbor Street pity Zip TELEPHONE: ARE YOU PLANNING TO RUN IN THE NOVEMBER 2018 ELECTION (pl c ir c le n) Hm Wk �� '1 ES O UNDECIDED Are on now serving on a City omfflissi / ommittee it so, which? Have y ou p reviously served on a City Board, Commission, or Cominiftee O S If yea, which body and dates of a rI e GG Cu*. EDUCATION Include Professional or vocational licenses or certificates � C o 9 l CURRENT EMPLOYER: � EMPLOYER ADDRESS. iG � ~ y PHONE: 0 009w .4 POSITION OR TITLE a 6� #aqg�'�".�.��- � Or Explain your reason(s) for wanting to serve: T /lo vry E 4 iT 2 � i TAE v W 1 4-�e e17 ._�. A G E� o Ae..,h f y C A 04 1 b7 S W 4 G Page 1 of Agenda Item 11.b. Page 10 Q UALIFICATIONS OR EXPERIENCE: (Applicable to the purpose and subject matter of this appointment) /40 FY4 C� o 4W*406' IMAMUN1TY I X VV LV tMitN 1 I L151 organization F" G M LW F - 011 I JJ2P 411U UU911 004DI 8r4111WO110J -AWW. C � W 144 IE2-A- �5 IF zxl6e # L P r b C Xt's 04 WJ' 'b�ww Zoe, &ZOW, REFERENCES: List three persona, not relatives, who have knowledge of your character, experience, communit invelvoment, and abilities. You may also ette h letters of reference and/or a resume (optional). PLEASE OBTAIN PERMISSION FRO M INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Name -Z A k. 'fie ^ya�,�.L. fic*wl Address E fil Phone Occupation pou�40 Lao tt 0 I hereby declare that the foregoing Information is true and complete to the beet of my knowledge and belief. 1A1, P& a� i5i - 3 '/ Appi ant Signature Date N' c to Applicants: 1 Applicants appointed by the City Council are required to take an Oath of Office. State law and the City's Conflict of Interest Code requires that Council Members file Statements of Economic Interests (Form 700) upon assuming office, annua and u pon leaning office e _., sources o f income, loans, gifts, investments, Interests in real property within the City). This application is a utter of public record and portions thereof are subject t disclosure pursuant t o the CafifGrnia Public Records Act. FOR USE BY CITY CL R 'S OFFICE: Received by: (Date St RECEIVED MAY 13 2010 Page 2 of 2 ARROYO GRAN Agenda Item II.b. Page 11 I y eet r te } ' _ • Experience owner ,sire 19ft A Tayo Grande, a .lob: Hw a design And PWw* g. E ft DMIgns Unlimited, Arroyo Cvand% years in the field. Mwtw of City of AmWO grande ! Ar+chitecturW MIAW ODM, Cft. f ro rn the desk of 5 ym to e. Jan 1 999-Jan 2M. Sat on A-F . B ewd , when "update "oi vilkrge design gL41elkm took Ph M. jW Licermw Gmffai ovr ractor #0489. OHLER o Hews Ap. in#o: CWjf. Aro'l*eots Board to t" s ho ot's teat past of kxW dm"Y group, Past nv rnber of etwd of trustee's , 9 yews as a of'ffoer in group. 20 years as a rr nber adkOIs of Lao Argksoca Sav k* clws�at Local C Ar"wyo emrwe H10 Socl Chwe of tM, address P JWMIO Schavi class of 1976 WN IPIN To provWe a now posldrre dk for ow efty, i belknre, Ws flirts fCW a now a" Of • eye's in our conun� . to look � be a e � to alf ekk a o the tel MW more fa~cLin snort .1 Coate right out and fed peo ple nTy in food or Bad,. 1 atysep feel , IL's a gr"t 1 kw a person with my W" kwme, to stop torte. I t" ,1 s tilers fer ea-M ne ,out slde the ant poficaf maclMO 0 OtW io H� wo c+ d an the A.R. 0 , 1 a fat Iar. with the ,1 Br ed with the cft a. I can rand pkmv, I deal wNh nvy b usin e S s , 1 qwwe on a 1 6A to m job I arts a good ,fttww. I belle es , tug ors AWD, is dobV a top job dlrlrtg *woo byft tknGM, I hairs a wart spat in pW heart fnr *a f +e daA as my kdww ,was r+stlrsd �. Due to the fact i hams Wood in the ease a Tong tinge. # Wow aN the hot button kmww% I sn't for WA pkwwsd growth, I on al for u0e%...1 tl is *0 iar lend whin our city limits Mnus grWt charm to our CRY. i Ud k due to the lac# Ore tkm i haves beam a I a And gees awnw In our cKy w nrrs to a* both Wdes. I bell1we dins Ito the neWm of nrl bust vew , I widw*tN the isrNportar'rce of know the hh of mss, i also feel lts always 11106 w same citarrgee n ftWWWft F rw" hjW VO area, we sM need to respect of and other's vkm .To p wvMo postdw a can do muds .iestl by AI's• 1 do chink . Cft cm wl member gw" ystwt ft the v sra, in l#rls miss I do fssl Oft seat ,should be put to a Vot& Due to the fo@&W of the mss. I also know doe to the cmt k1 mhvd it's not this ft . M* sera my r+sferrrnosa, I how p cauF,w' Past Mftvr% who kOm Of my C ractsr it �. Y' krto�wn ewdemren ftw quW so a tlnte„vw nW not some rrith Own% b1d Yw mOO t nmPsat their tkn ,arid OrrO far the caLne.few lne dng ow clay s be pkce to NWAnd wO416 as I hope lbo do. I fed at the pol In � . I � the atcpe nce .the and er+er r to nrrake a difftu ICe In a . 1 111 e11 C C"NOW the 1ailsrl Theltk Your ooeai'a0Q1r Agenda Item 11.b. Page 12 ATV 0F CITE O ARROYO GRANDE N AL1 I�M,I P L I A T TIL C VACA I .1y±� _ App lic a nt must be a resident of thO City of Arroyo Grande Applicatio n Dea d11n :Monday , M y1 ,201 — : 0 0 P -M - Re to City Cher I c t y 2 14 E. Br street, Arroyo G r a n d e, CA 93 ARE You 1 YEARS OF AG E 0 R OL DERT Yes !�No�, ME: L4 - ARE YOU REGISTERED T VOTE? yes a�, Last First M i ADDRESS: immo nmh� ! TELEPHONE: HM DO YOU RESIDE WITHIN THE CITY LIMITS O F THE CITY F ARROYO GRANDE? Yes l o,� ARE YOU PLANNI TO RU IN THE NOVEMBER 2010 ELECTION (please circle one) � I YES NO J UNDECIDED Are you now i n on a City Corn1rr118 for /C0MM tt e If so, which? Have you pr s on a City B oard, C o mmission, or Committ If Yes, which body and dates of service? EDUCATION (in professional or v al licenses or certificates) 4 5;e 126!5 rk► CURRENT E MPLOYER:_ �rs`M 9 --� 42ess" A EMPLOYER ADDRESS: 4434 �-E :S�ZL PHONE: POSITION OR TITLE: ���%�� Explain your reason(S) for wanting to servo: VAR'? Wk �E Q.vt �C � 1-�f�v E L� vr 4&9-r- 1Foe S� `{RS . 1TS �A e kvj--- e,.omutue.1 cTti' W 14 A VSM#l- tt-- Tbw�s" ATW 65PH6tE �tkt C � i Z� 'f�'�, c � 2Q�� T� EC�,m Sao Ik t c �-rrc,c.,�� o A N - tl r to 1.E jAS L w t H wt-' 4 pOiC.KGRo tk�-� �?" 1Cr � i �FE'EL 1 �Dti�ti ���€ �. w�Yt�36- �,te.. C.tT� Po"i ���ALT�Vc iPt��E � V E a k� Gs��j �,cG�`: �cSi t� ESS POP ...... Pt. `' Pagelof2 d�C EFk cc tt_ zJL'#AK V I F 4 AI i a(.- p c— aI>ccPs Agenda Item 11.b. Page 13 Q UALIFICATfONS OR EXPERIENCE= (Applicable to the purpose and subject matter of this appointment) PA CO MMUNITY INV LVEIl ENT (List organization in emberships and committee assignments) S J EC P I FS Q 04 REFEREN List three p ersons, not relatives, who have knowledge of your character, experience,, communily inrrolrromentf and abili You may also attach letters of reference andlor a resume (optional). PLEASE OBTAI PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Name Addr Phone I Oc cupation }4 "5M AM "let, F. Vu 1 L LEA .. W -M r k � b W,4Y•.�s I hereby declare that the foregoing Information Is true and complete to the best of my knowledge and belief. Cl-.A -A QL- 5 1 �- D 0 10 Applicant Signature Data Notice to Applicant : 1 Applicants appointed b the City Council are required to take an Oath of Office. rni State law rid the City's Conflict of Interest Code requires that Council M a of income, rs file statements l f Eco Eco na i i Interests (Form 700) upon assuming office, annually, end upon leaving office e.g., sours investments, interests in real property within the City). �f are subject to disclosure pursuant to the C aliforni a 3 This application is a rrxstter of public record and portions there a Public Records Act. F USE BY CITY CLERK'S OFFICE: Received by: (Date StaMp 01 :01 IJ-4"! 0 1 )31W 0 1 IL Pas 2 of Agenda Item 11.b. Page 14 Mayor Tony Ferrara Arroyo Cffmde City Council Gentlemen: April 26,2010 In the event that C E Arnold resigns or is recalled, and the City Council decides t appoint a rep lacement to serve out the remainder of his term, I would appreciate being coniered. Attached is my resume. Although ray background is in law enforcement I want to assure you that I will not attempt to run the police department if appointed. I have no agenda and will represent the desires of the people. Respectfully, William B. Hon y u Grande, CA. Attachment: ea 70P? AO1� z ddV 1 t AI ..3 Agenda Item II.b. Page 15 RESUME Wi B. H oneycutt DOB: May 5,1940 DB San Diego, California A ddress: A xoyo Grande years) P re viou Address: Santa Maria 5 years) Marti S tatus: Married to Linda J. Honeycutt, November 15, 1959 y Children: William A. Honeycutt of Arroyo Grande and Deborah A. Koenig of � Arroy Grande, sic d children and one great grand child. Occupation: heriff� Commander (retired), County of Santa Barbara Sheriff Department, • Assoc of Science Degree in Administration of Justice,, A llan Ijan oel Educat Aoc�a � College. Certific Limited Teaching Credential, California Community Colleges. Basic, Intermediate, and Advanced Certification from Commission on Peace officers Standards & 'raining, State of California. Job Experience: Commander of the Sheriff's Substation in Santa Maria for eight years. der o 'the Main Jail in Santa Barbara for five ar . Responsi Conn - for approximately 200 sworn and civilian employees an an a budget of sixteen million dollars. Past Affiliations 'ores; mice president, Calif Association of Labor Relations Officers ( CALRO ) Board of Directors, C risis Pregnancy Center, Santa llama Board of Deacons, First Baptist Church of Santa Maria Board of Deacons, Grace Bible Church, Arroyo Grande Personal References. Jiro Thomas, retired Sheriff, Santa Barbara County l ogelio Flores,, Judge of the Superior Court, Santa Maria Zel Canter, retired Judge of the Super"or Court, Santa Maha C ommander David Hersm n, Santa Barbam County She rm fr Department (retired) Chief Deborah Linden, San Luis Obispo Police Department Sergeant Kevin McBride, Arroyo Grande Police Department Agenda Item 11.b. Page 16 Crry CITY OF ARR GRANDE _ APPLICATION TO FILL COUNCIL VACANCY Applicant must be a resident of the City of Arroyo Grande Application Deadline* Monday, May 17p 2010 .. 5:00 p.m. Rai ran o Ci Clark's Offlc% 214 E. Branch Street, Arroyo Grande, CA 93420 NAME: ARE YOU 18 YEARS OF AGE OR OLDER? Yes l&4 Igo.. H&-T I A ARE YOU REGISTERED TO MOTE? Yes K NOl . Lost First MI ADDRE SS: Do YOU RESIDE WITHIN THE CI TY LIMITS O THE CITY ARK oY 0 Gtpwo 6 q3u OF ARROYO G RANDE? 1fssj&.No� Number Street city Zip TELEPHONE: ARE YOU PLANKING TO RUN IN THE NOVEMBER 201 ELECTION (please circle one) Wk 1 41 q-0 (02- 4 ES NO UNDE Are you now serving on o Cit C N o If so which? previously served n s City Board, Commission, or Committee? N o Here you pre � - -- It yes which body and dates of servi i1i A 04. EDUCATION (include prof sol nal or v ocational license* or srtifl otss) S _ -CQ 441f bf IAL g orirn CURRENT EMPLOYER: JZ 6 V & N. A. EMPL OYER ADDRESS: qq I E6Nkel Aid � ,A.jc,.PHONE: - POSITION! OR TITLE: V CA Wes Explain your r aaonis for wanting to serve; y I a - K4 Cke JK r r0L 0 . Page I o Agenda Item 11.b. Page 17 QUALIFICATIONS OR EXPERIENCE: ( PRllcsble to the purpose and subject matter of this appointment � 11 A(k ( COMMUNITY INVOLVEMENT T (List organization memberships and commiftee assignments) S r REFERENCES: List three p ersons, not releti es, who have knowledge o f y our character, experience community involvement, and abilities. You may a lso attac letters of reference and/or a resume (optiona PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE E LISTING THEM AS A REFERENCE. E. 1 2 3) Iq m4q 7,01 0 Bat U Imo Applicants; Applicants appointed by the City Council are required to tams are Oath of Office. St ate l aver and the City's Con flict of Interest Coda requires tha Council Members file Statements of Economic interests (Form 700) upon assuming office, annually, and upon leaving office e.g., sources of Income, loans, gifts, Investments, Interests In real property within the Ci This application is a matter of pu blic record and po thereof are subject to d isclosure pursuant to the Ca lifornia Public Records Act. FOR USE BY CITY CLERK'S OFFICE: (Date Stamp) Reeir►ed by- Eod I I IN 0 1 y . , P a o o 1. L-- :! A foregoing Information Is true and co plats to the best o my knowledge and belief. Agenda Item 11.b. Page 18 won 1- Reams for Wanting D the current u noertain and strained 000nomic times, rnunicipalit" and local governmental entities are being forced to make tough choices regarding the planning and management of their communities. It is imperative that these communities make the right decisions balancing community need and its financial abilities. The City also needs and deserves a competent individual who possesses the business experience necessary to make such decisions. l believe that my background, experience and energy will prov to be an Immediate asset to the City and its residents, and make a difference on the City Council and in the community. I have elected to apply for the appointment to the City Council beca l want to help manage an d plan the future of the City. When moving to California a few years ago, my family and I were impressed by Arroyo Grande's businesses, schools, parks and community recreabonal events. Conse q uently, we dose Arroyo Grande as our new hometown. And in raising our child here, I want to also help ensure that the City grows and develops in a responsible, sustainable fashion for future generations. ;�i 2- QualifKabons or E Derienc Please see the attached resume for complete information on my qualifications and experience. ,g ecom 3- Commu nitv Irr vnent I am not currently serving on an y boards or commissions. I am a former member of the Senior Action Council of Kenosha, Wl. an advocacy group for senior citizen initla bm and interests. And for several Years l s erved as an Election Judge in Lake County, IL. While in graduate school l was the founder and President of the University of W sconsin- Parkside's Graduate Business Student Association and Gradua Business School Alumni Association. Both of these associations were formed to help the University's graduate. business school align its goals and objectives with that of the student body and alumni. Section 4- R2f@Mn 1 have provided a comprehensive list of Individuals that you are free to contact. Mr. Greg Hoogasian V President & Chief Enforcement Counsel Chicago Stock Exchange, I nc. 440 S. LaSalle S Chicago, IL 60 312-6 ahooaa i n(M- h .com Mr. Jordan Mat Cirw r, ice of insider Trading Chicago Board options Exchange 400 S. LaSalle St Chicago, IL 6060 312-786-7435 m aterna Qcboexom Agenda Item 11.b. Page 19 Mr. Steven Slaw#nski Manager, Ofte of Trading Practices Chicago Board options Exchange 400 S. LaSalle St Chicago, IL 60605 312- 7W7744 s lawinssftboe.com Mr. Michael T. Manlon, Pty AssocWW Professor ur iverslty of Wiswnsin -PaftIde goo Wood Road PO Box 2000 Kenosha, Wl 53141 262- 3M7373 Mik 11 an ionl A L. com Mr. Patrick Goo Vice President /Senior Compliance Officer Rabobank, N.A. 991 Bennett Ave. Arroyo Grande, CA 93420 808-473531 atria .-goo ,_ra of ank.com Mr. Steven Byron Vice PresidenVBank Secrecy Act OffKw Reb bank, NA 91 Highland Pointe eve Suite 350 Roseville, CA 96678 91 - 87883 Stev en. n rabob , nk_c m Mr. Brendan Hannegan Manager AT&T Mobil tty 1335 Avenida Piins ceano, CA 93445 805-708-8000 bh3219@ Agenda Item II.b. Page 20 GEORGE M MARTIN, III Artoyro Grande, CA 93420 m - Detail - oriented smurities, fiance and business professional with diversified experience in retail and institutional securities and capital make s risk, financial management, and compliance. Former securities industry Regulator ►i extensive ex 'rice 0 financial research and risk analysis, strong PC skills, excellent multi- tasking and organizational a 'tu►des, and proven ability to influence business partners. Experienced professional in business strata and plan development and implementation. Effective written aril verbal communicator and and professional references, and MBA Graduate h wed . problem solver. old creden pro - - - -- .--I SK]ULLS AND EXPERIENCE SUMMARY ■ Staff Training & Risk Ma ■ Fixed Income ' Tr Mana Reduction i # Quantitative Projections ■ Cash/Credit * Strategi Planning An " T writing Management ■ Options &. Futures a BugetingFinance a Regulatory Policy ■ Securities Derivatives a A udit/Comp l iance Management ■ Finance -Based Investigations * Lgal Concepts Application OTC Mar PROFESSIONAL XPERIENG Ax I ABOBANK, N.A. — Arroyo Grande, CA $10 Billion North American Retail Subsidiary of Global Financial Services Conglomerate Vice-President/Anti Money-Im Mam August 2 007 to present Managed the Anti -Money Laundering AML component of the company's Bank Secrecy Act (BSA) compliance pro Provide guidance to branch office, senior and executive management on AML and BSA risks and remedies. Train and mentor staff on regulatory issues, #rends and techniques. work with retail branch and back offices to investigate, identify, reduce and/or eliminate financial, reputational, regulatory, op=fional and legal risks associated with customer activity and account relationships. Monitor customer accounts to ensure aWmpriate risk management and compliance with Federal Law. Coordinate Departmental efforts with Senior and Executivc Management to ensure adherence to Federal regulations. Ivey Ac ornpUshments: ■ D velopod numerous policies, investigations and information systems procedure revisions and enhancements. ■ Actively contributed to the cormpan's annual risk assessment. • Served as Bank representative fo regulatory issues for bank staff' and federal and local law primary enforcement and governmental agencies. ■ Initiated customer relationship terminations when higher than acceptable risks existed. _ • Successfully contributed BSA Compliance in- person training for arocimael 1500 employees throughout the State of California. • Served as Depart nt Representative on the Bank's Business Continuity Disaster Recovery Committee. • Suceessfully represented Bank interests at numerous uncial services industry conferences and . ■ Contributor to the Bank's International (Rab International) Global Compliance nevslettr. ■ Regul communicated Department data for Bank Executive Management and the Board of Directors. • Successfully developed, integrated and impl Departm policies, processes and proccdures as result of Rabobank's 2007 acquisition of Mid Mate Bank & Trust leading to increased process efficiencies. ■ Successfully managed, trained and mentored Department full -tine staff of 9 between two remote offices. PARTNERVEST FINANCIAL GROUP, LL C. - Santa Barbara, CA I ndependent Securities Broker -Dealer and SEC-R egistered Investment Adviser nior Associate January 2 007 to ugut Advise frrn�n's financial advisors and star with respect to trading rules and methodologies, compliance and trading strategies, as well a s position hedging and risk reduction. Provide support and cournel to firm's investment advisory business, portfolio management, information technology, compliance and trading divisions. Perform . .. eq uity and derivatives trading opportunities for firm's research and reco initiate fixed ��a►co�e, eq advisors. Analyze advisor mutual fund trading models and provide recommendations for improvement on trade execution. Address advisor issues as necessary. CHICAGO BOARD O PTIONS EXCHANGE, INC. - Chicago, IL. (Employment also Concurrent with Graduate School Enrollment) Leading Global erlvativ . s'ec'urities Exc hange and Self- Regulatory Organization Dior Inv Department of Market Regulation, April 2002 to January 2007 Agenda Item II.b. Page 21 Perform surveillance and compliance reviews and examinations of Member f ms and individuals. Research, collect and anal finances and ftwu�ion data including, but not limited t stock, options and futures, t assess rr ant an anticip risks across changing market conditions, Compose complex imports comprising cu findings and l p resent evidence and recommendations con Exchange an Federal Regulatory disposition to various Committees. Aid Exchange attorneys and SEC staff in the prosecution and settlement of formal disciplinary r ceedin s. lain complex Exchange rules and regulations and federal securities laws to Exchange Member to ensure compliance. Maintain investigative case records for Informational an audit purposes, prepare repo and maintain current regulatory and compliance policy and procedure. Resolve public customer complaints and issues as necessary. Key accomplishments: • Assisted in the development of numerous examination procedures and information systems reports. • Authored numerous Exchange Regulatory reports promulgating Exchange regulatory disposition. • Ap as Division staff lead for developing the Exchange" s Regulatory Rules and Compliance procedures for Corporate Fixed Income Derivati and Equity Products. ■ Conceptualized Division's electronic communications platform GUI that result in enhanced intra- departmental communication and increased personnel efficiencies. ■ Successfully resolved many aged and investigative cases on complex financial issues. ■ Occasional Exchange Represen to Intermarket Surveillance Sub -Group (International Consortium of Securities and Futures Exchanges- FII R , AMEX, PHLX, NYSE, etc.). ■ uccessfull Y represented Division interests to the Exchange's Business Conduct and Floor Procedure comm i t tec s . MARSHALL & ILSLEY CORPORATION - Kenosha,, W1 Leading Regional Provider of Retail B anking T rust and Investment Adv ry Services e ist red I nta►#.l e, June 2000 to March 2002 Managed rclationship-banking team and ensue production of revenue levels and territory profitability. Lead team in inv strn nt product sales and delivery of customer relationship 'management techniques. Collaborated with clients to assess individual financial situations and develop strategic financial planning solutions. Ovemw securities and cash transactions, fund transfers, trust and investment advisory services. Performed balance and reconciliation of financial transactions for brokerage, trust and bank accounts. Specialized in fixed income, insurance produ and cash management. Key accompiihments: ■ Successfully ad clients on investment trading strategy in fixed income, equity and options transactions. Successfully managed brAcrage efforts across bank production staff of 16. pRUDENTIAL SEC S n k a WACHOVIA S ECURITIES)- Milw uk e, W1 Financial Advisor September ] 999 to June 2000 ■ participated in fun's `financial Advisor in Training (FAIT) program in February 2000 in New York City. __ -- - ADVANCED COMPUTER SKIELL Microsoft Word Microsoft Excel Microsoft Access Microsoft Power Point Microsoft Outlook Microsoft visio PeopleSoft E P Spreadsheet/Database Knowledge (Some SQL) EDUCATION AND CREDENTIALS UNIVERSITY OF iSC NSI PARRSIDE- Kenosha, wi Master of Business Administration, 2005 NOR I]LLINOIS UNIVERSITY- DeKalb, II., Bachelor of Science, EolitIM Science, 1999 Formerly Feld FII RA Series 7, 63 and 65 Liccn es Formerly Held Illinois & Wisconsin Life and Health Insurance Licenses E T AOURRICiULAR AF ILIATIO S C IE N U W -P rkside Graduate Business Student Association, President March 2003 to December 2005 UW- Parkside Graduate Business School Alumni Association, President December 2005 to August 2007 U W- Parkside Market' Group Debating Society, Member June 2005 to December 2005 Beta Gamma Signta, AACSB Business Manor Society inducted April 2006 U W- Parkside MBA Graduate with D&dnedon December 2005 Graduate G A: 4.014.0 Agenda Item II.b. Page 22 Y CITY F ARROYO GRANDE CALLIF � ` AP PLICATION TO FILL CO VACANCY Applicant must be a resident of the City o A rroyo G rande Application Deadline; Monday, May 17 2010 — 5;00 p.m. Return to City Cierk' ffi , 214 E. B ranch Street, Arroyo Grande, CA 93420 NAME: A YOU 1 YEARS OF AGE DR OLDER? Yee.K No ARE YOU REOISTERED TO VOTE? Yes. No Last First MI ADDRESS: f �0 Number Street city Zip TELEPHONE: wm wk ( 8OS) 7ra -3SlZ DO YOU RESIDE WITHIN THE CITY LIMITS OF THE CITY F ARROYO GRANDE? yes N o ARE YOU PLANNING TO RUN IN THE NOVEMBER 201 ELECTION (pl circle on YES NO UNDECIDED Are you now serving on a City Comm issionlCommlttee7 If so, which -1'� � k 5 � ,.. a ,,,�Y.e Crga�Qn Have you previously served on a City Board, Commission, or Committee? If yes, which body and dates of service? EDUCATION (include professional or vocational licenses or certificates) C ..� r1� e► S� e C ; " EIIIIPLYER: MAN -F-I ti EMPLOYER ADDRESS: PHONE: POSITION R TITLE: ' Explain your reason(s) for wanting to sears: Lz �'06�,O yj �4 &�aVQV, a d a- ial A VON rj 4- nv ok: %. I d;,j. - -. -Y -)%� W- PA 6,r ( `- Agenda Item II.b. Page 23 *% Da C4- % C--% ck- 1,5'r'q.0 4- U-�)- Tk-e'� OA AL A�6;--S - - Q UALIFICATIONS OR F. PERIEN E: {Applicable to the purpose and subject matter of this appointment o cc. �. 1 ►- �.. CO MMUNITY INVOLVEMENT (List r anizati me berships and committee assi nment } -2-C W CL, REFERENCES: List three persons, not relatives, who have knowledge of y our character, exp erience, commun involvement,, and abilities. You rnsy 3186 attach letters of reference an d/or a resume ( optiona l). PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. I hereby declare that the foregoing inf rmaiion is true and complete to the beat o my knowledge and belief. Notice to Applicants: 1 ) Applicants appointed by the City C ouncil are requ ired to take a Oa th of Off ice. S tate lave and the City's Conflict of Interest Code requires that Couhcil //Members file Statements of Economi Interests (Form 700) upon assurning office, annually. and upon leaving office ( sources o f income, l oans, gifts, investments, interests in real property within the City). This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. FOR USE BY CITY CLERK'S OFFICE: (Date Stamp) R e c ei v ed b PJECEIVFM MAY 14 2010 Pa 2 o A RROYO RD CITY CLER Agenda Item II.b. Page 24 Date Applicant Signature F rom: Shannon Kessler~ rroo rande, Ca 93420 www.s ha n nonkess i er.o rg Face book/Central Coast, Shannon Kessler To: Arroyo Grande City Council C " 0 1 V ED i i 4 ! I 1111 R k �,i _ a • .. .. 10 MAY -3 Fiji 3= 45 May 3 , 2o1Q [d ear Sirs, 1 have had an Interest In public service and the political process ever since my youth. Nay parents were always actively Involved in our small town's activities. And though a first i was merely along for the ride, i discovered the joy of connecting with others and participating in what really makes a town your hometown. The best part of Arroyo Grande is not the location or weather, although b oth are ideal, it ils the people. The citizens of this community have a unique combination of drive and friendliness which combined makes it my chosen hometown and the place In which my husband and I are honored to raise our children. These are the reasons I choose to serve on the Parks and Recreation Commission and why I would like to be considered for City C ouncil. Pl ease see below for a list o f my experience and qualifications for this position. Personal Informa io Happily married 22 years to Jaynes Kessler of Kessler Con Arroyo Grande Mother to both attend Ocean View Elementary and participate in local sports Long time congregant and member of the worship team at Harvest In the Village church, and volunteer with this church In local events; S trawberry Festival, Harvest Festival Member of a family with roots dating to the 1800's on the Central Coast My parents reside in Arroyo Grande O wner o f three Arroyo Grande properties Member of a local AG parks and iec. league team Frequent user of area parks and trails Passionately Interested in area and national politics Published author; works Include a travel article on Arroyo Grande with mention of its amenities and history Attended both Cue to College and Alan Hancock College majoring in political Science Agenda Item II.b. Page 25 Vo lunteer Service Experience Currently serving as a Pa an d Rec Commissioner,, nominated by Mr. Joe Coste President of the Pismo Coast Association of Realtors Charitable Foundation for 2009 and a member of that organizations board for 3 years 2009 Chair o the PCAOR Charitable Foundation annual Golf Tournament Fundraiser which garnered over $10,000 for local charities Classroom volunteer at my children's school President elect, OV PTA 2010/2011 Chair of the Publicity committee for Crean View PTA and volunteer for OV Fall Festival Founded a local chapter of the student, teacher support group Morns in T ouch I nternational and Area Coordinator ( County) for this Multi Nat ional O rganization 'work Experience: Real Estate Sales Associate Lic, 01405952 outh otint Realty I ,Prtidenti l 'ahfor is 10 rid t. Arroyo � Grande 2005- Present In this position I assist clients In the location and purchase of real property. Both new, resale and commercial. ial. II y familiarity wi th market conditions, land, houses and financial systems is beneficial to my customers. Prudential ( ":a1ifornia Realty 1 130 W. B rarich S t. rroyf Grand 2-003 - 200 As a new agent with Prudential I was fortunate to have a11-embracing training and support as I entered the booming real estate market of the time. Recognized nationally as a top earning agent in my fist year. A rroyo rajid ommiinl Hospital 1 345 S. Halcyon 489-26 1 -- 1998 Laboratory Aide Refer ences Pa stor S tev e Henry, Ha rvest in the Village Church, Arroyo G rande 805-489- Byron Grant, South County Realty, 102 Bridge St. A rroyo Grande, CA 805.481.4297 Dick Rowley, E E Agenda Item II.b. Page 26 0TY 0F 5 CITY OF ARROYO GRANDE APPLICATION TO FILL COUNCIL VACANCY - Applicant rust be resident of the City of Arroyo Grande Application Deadline: Monday, May 17, 201 -- 5:00 p.rri. Retur to City-Clerk's office 214 E. Branch Street, Arroyo Grande, CA 93420 NAME: ARE YOU 18 YEARS OF AGE OR OLDER? Yes Flo A RE YOU REGISTERED TO VOTE? yesk do Last First M1 IDDRE D OU RESIDE WITHIN THE CITY LIMIT F HE CITY ?,54 0 ; , PF ARROYO GRANDE? Yes No Number Street city zip TELEPHIV Ei ARE YOU PLANNING TO RUN IN THE NOVEMBER 201 ELECTION (pleas* circle ore) Htr Wk E NO UNDECIDED Are you now serving.on a City Commissi nl ommittee ? k s A& - a If so, which? Have you previously served on a City Board, Commission or Committee If yep, which body and dates of service? + } EDUCATION (include professional or vocational licensee or certificates - CURRENT EMPLOYER: %-3*.3 1 ==ja L e2=g EM PLOYER ADDRESS: PHONE; POSITION OR TITLE: Explain your reason(*) for wanting to serge: > Page I of Agenda Item 11.b. Page 27 Q UALIFICATIONS OR EXPERIENCE: E: {Applicable to the purpose and subject matter of this appointment) T - <L� L Ift C-17E"r ---- I COM MUNITY INVOLVEMENT (List organization memberships and c ommittee assignments) REFERENCES: ES: List three persons, not relatives, who have knowledge of your character, experience, community involvement, and abilities. You MY also attach letters of referenco andfor a resume (optional). PLEASE OBTAIN P ERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. E. Dame Address Phone Occupation P I hereby declare that the foregoing Information Is true and complete to the beat o my knowledge an d Relief. plicant Signatur Date Ap Notice to Appli 1 Applicants appointed b the it council are required to tale an bath f office_ ) State law and the City's Conflict o f Interest Code requires that Council Members file Statements of Economic Interests Fain loo) upon assuming office, annually, and upon leaving office e.g., sources of income, loans, gifts, investments, interests in real property within the ity)- This application is matter o f pu blic reco an d po thereof are subject to disclosure pursuant to the California Public Records Act. FOR USE BY CITY CLEWS OFFICE: (D S tamp) R l Received by: MAY 17 201 Page 2 of ARROY0 GRANDE c IT Y CLERK Agenda Item II.b. Page 28 CT Y OF - CITY F ARROYO GRANDE C/ ,►Li R i APPLIC ATIO N TO FILL COUNCIL CIL VACANCY Appl must be a resi dent o the City Of Arroyo G Application Deadline: Monday, May 1, 2010 — 5:00 p.. Re urn C ity Qje rk's 14 E. B rarn c h Street, A rroyo G rande, CA 93420 NAME: ARE YOU 18 YEARS O F AGE OR OLDER? Yes ,/No. FLXI ARE YOU REGISTERED TO VOTE? La F i rt M I ADDRESS: DO YOU RESIDE VWTHIN THE CITY LIMITS O F T � CITY 20 OF ARROYO GRANDE? Yes Number Street city Z TELEPHONE: ARE YOU PLANNING TO RUN IN THE NOVEMBER 2010 ELECTION (please circle one) lames 254 — 1 ;�-7 0 YES NO UNDECIDED Are your now serving on a City Commiss /Committ If so, wh ich? P l aw 1 Comm . %S I D Have you previously seared on a City Board, Commission, or Committee? 1� if yes, which body and date* of service? Y1,4 4. EDU ATION P include professional or vocational licenses or certificates) � +rl it tl g R�k ) E F .. L Vh t RREN PLOYER: r1layrr& & Jajaa J'riat-.AAv6LaQ " i,.� EMPLOYER ADDRESS: C401 15� PHONE: 925F I � POSITION OR TITLE: .ICY E your reason for wanting to serve, k C� �Si d er1�' 4 -�hG ci"��I � �Fr�u G�r�cle [=�sr 25 } �r�, q it - Ina-5 _fin my hanar to VN01 VxLr&-rA � as ra. rnernber- f C bakw, serveA r.S a._conrvmtGS%ortier 4iTM 0.lm05 � �W& jearG, d� Unai r ,� Smr�s� � -Oh�.e . T�WOLLCJ m c:► J � � �rJ 1 � � VWLAfe A � � bein c�.n rat iJe r,�.�d � si � member o oar mmuni L G.M 11`eadt V i-D 8 Mq corn i-i` merit- tb 4� 1nx �•ry s nu f� the ��i� ('n�t.11[.►� •��easr, s.ee ai�z�Lh.cd crn+eAf 1e+ A r � Page 1 of 2 Agenda Item II.b. Page 29 Q UALIFICATIONS OR EXPERIENCE: (A plicable to th purpose and subject matter of this appointment) Iwo rre,,, rlencCl CA. kc Ciole, 1-0 (C�XOCA P \nCk-\J e, loex-o rnc, w -rt I fry- 6e IN fa:k r- V) "r) t- and kw e. cA- rZ 12 �-Ll-aL P V-\ C4 ky �k-r%44 'if) MICIAIC1111 -baA"(., I tic, *frll i rAc(-e;�;M 6Lte0:i;-\e-Gf; Is hcoc, y In L � o .,_ D=e In C j kc fCr V%4C-V1Gk1D TVil V1 zscc-hpr C OMMUNITY INVOLVEMENT T (List organization membership* and committee assignments) a c - LA Ala rnn ' t & I hereby declare that the foregoing Information is tru* and rornpleft to the best of my knowledge and belief. � 1 . t ic Applies Sign furs Date Notice to Applican 1 Applicants appointed by the C ity Council are re quired to take an O o Office. State lawn and the city's Conflict of Interest Code requires that Council Mem em file Statements of Economic Interests (Form 700) upon assuming office, annually, an upon leaving office e. sources of income, loans, gif 3, inrrest ants, interests in reef property within the City) This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act. FOR USE BY CITY CLERK'S OFFICE: (Date StawWC Received by: MA Y 17 2010 R O C H PLANIDS Page 2 of ITy ci. Agenda Item II.b. Page 30 REFERENCES: List three A rson ,, riot retativec who have knowied a of your haract r experience, communit involvement and abilities. You ray also attach letters of reference and/or a resume Joptionai ). PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE. Garen .a oyo Fe., A 93420 May 16,2010 Mayor Tony Ferrara and the City Council of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 Dear Sirs- Please accept this as a supplement to my application for the City CounCll Vacancy. My qua lifi ca ti ons , as outlined below, make me highly qualified for your consideration. 1 have served on the Planning Commission for nearly five gears and as Chair for over two. As a long term member of the PC, I have the experience with current city issues essential for the Council appointee. 1 have proven leadership as chair, managing meetings and personalities effectively and efficiently. 1 approach planning with an open mind, an ear for public comment, and a knack for compromise, balance, and problem solving. These skills are essential for City Council, and combined would allow me to "hit the ground running" in June. Icy professional background is in education. 1 have any B.k in History from UCLA, and a Master's Degree in Educational Leadership and Administmtion from Cal Poly, where 1 g raduated with honors. I have held numerous leadership positions over and above my teaching contract, all of rich contribute greatly to nay preparation for leadership at the Council level. In addition, nay family is in both real estate and private retail business, giving me a strong background and appreciation for those issues as they apply to city goverment. It is my belief that our civic duty as a members of either Planing Conuw*ssion or City Council is to be gr ounding elements for our community. It is our role to e open minded, fair, and sensitive to all members of our constituency, regardless of our personal political values. As Councilmember, I would extend and expand my leadership experience to most effectively serve the City. Perhaps most sl9mficantly, my appointment would preserve the balance of'the current Council as validated by the citizens in the last election of 2008. summar In my leadership experience, tenure on Planning Commission, and personal skills would most effectively serve the community of Arroyo Grande as the next City C un ilme b r. Respectfully submitted, Caren Agenda Item II.b. Page 31 ATTACHMENT LAYER FERRARA RANKING SHEET FOR APPOINTMENT TMENT ELF CITY COUNCIL MEMBER Rank the applicants from 1 to 1 = High (1st choice) 7 = Lover APPLIC RANKING TIM BRIT WILLIAM H N EYCUTT SHANNON IESSLER GEORGE MARTI N TIMOTHY MOORE CAREN SAY Agenda Item II.b. Page 32 MAYOR PRO TEM GUTHRIE RANKING SHEET FOR APPOINTMENT T F CITY COUNCIL MEMBEF Rank the applicants from 1 to 1= High (Ist choice) 7 = Lour APPLICANT RANKING TI M BROWN WILLIAM LLIAM H C N EYC TT SHANNON IELER GEORGE MARTI ff Ti :l'd1AL9 8I JAMIE OILER CAREN RAY Agenda Item II.b. Page 33 COUNCIL MEMBER E1 STELL RANKING SHEET FOR APPOINTMENT TMENT ELF CITY COUNCIL MEMBER Funk the applicants from 1 to 1= High (1st choice) 7 = Lover APPLICANT T RANKING 11 : i 1 ►. WILLIAM LLIAM H N EYCUTT SHANNON KESSLER GEORGE MARTIN TIMOTHY MOORE JAMIE OHLER Agenda Item II.b. Page 34 COUNCIL MEMBER FELLOWS RANKING G HEET FOR APPOINTMENT TMEI T ELF CITY COUNCIL MEMBER Rank the applicants from 1 to 1 = High (1st choice) 7 = lour APPLICANT RANKING TIM BROWN N WILLIAM H I EY UTT SHANNON KESSLER GEORGE MARTIN TIMOTHY MOORE JAMIE OHLER AREN RAY Agenda Item II.b. Page 35 RANKING SHEET - TOTALS FOR APPOINTMENT OF CITY COUNCIL MEMBER im t� c� t� c� w� a� cr APPLICANT TIM BROWN WILLIAM HONEYCUTT SHANNON IELER GEORGE MARTIN TIMOTHY MOORE J OHLE AREN RAY FERRA GUTHRIE COS FELLOWS TOTAL 0 0 0 0 Date: May 19, 2010 From: Michael D. McConville Susan Flores Arroyo Grande, C. 93420 T The City of Arroyo Graff Council Members Mayor Tony Ferrara mayor Pro T m Jim Guthrie Council Member Joe Costello Council I 1 tuber chuck Fellows Re: City Council Vacancy ATTACHMENT l %1 17 _ .• We dust attend d the Applicant Forum this evening and would like to share some of our thoughts and Abp recommendation in filling the vacancy. First of all we thank ou for the manner in which this matter was presented. Sharing this very important . - public b holding a Forum is all important in receivi decision with the p y n ng public support in your decision. This Cella us you aspect the importance of the public's opinion. it will be very interesting to hear why and how you all come to your decision. Auer thoughtful consideration we have come to the conclusion that Tian gown would be your best choice for the following reasons: T 1. ien worked hard to help develop the 2001 General Plan Update, a document so important in guiding our ft ure. Tim knows the GP U. Tian suppo the p reservation of our Farm Land and other concerns now supported by other incumbents of the Council Members. Tim's years service on the Planning eorr mission would bring continuity to tie city's Policies and I y procedures no many of the other candidates can bang t o the table. 4. Tim's appointment would minimize the learning curve of the position. 5. Tim ' s app i ent would bring immediate decision ability to help the Council make future decisions. 6. Tian does his homework. 7. Tim like other City Council members, listens and aspects the opinions of his constituents. 8. We have witnessed Tim's years of service to our community by our attendance of many city Council and Planning Commission rn et ngs. over the last tan years. g. We know a good character when we see one, and he's a good character (funny, Ina , ha). We vote for Tim, you should tool RespedfulEy, Mike McConville Su n Flores ,vt d7 Q6 Cc: Tian Brown Agenda Item 11.b. Page 37 10 MAY I I Fs-' 00 i YVe .R 1 .. i., Agenda Item II.b. Page 38 Kelly Wetmore Sent: un Pay, 1 0:05 AM To: Deily Wetmore Subject: llebsite Message RE: Shannon Kessler for City Council*�"�* I am VMfing in support of electing Shannon to the City Council. worked with Shannon for . and m t have kno � r� YT`s impressed by her enthusiasm, loyalty,& dcdiction to her family, , faith & t own. Shannon w ould b an asset to the city council. Sh e's just wh at the council needs t bring new li back into the board. Sincerely, Natalie Granthanx Agenda Item II.b. Page 39 Dear M ayor Ferrara,. May 4,2010 We would life you to consider Tim Brown to be appointed to the open council seat. We have known Tires & Sandy for over ten years, H a has been a good friend as well as was a major part of me getting all of rn Y benefits that I had corning from a major fall i had back in 1398, on a construction site. His honesty integ has been evident while he has been on the planning commission. We thin k Tim would be an asset to the city council & for the citizens of Arroyo Grande. i have lived in Arroyo Grande all my life my wife & I have been Involved with a lot of c ommunity services over the years. We h ave been Involved with man i entities over the years. This i why we feel Tim would represent our city � be here for y t the good of our citizens. Please consider this request. Agenda Item II.b. Page 40 Sincerely, C rl 4P RD Rick & Vicki Phillips W r Arroyo Grande, C 93420 Agenda Item II.b. Page 40 Kelly Wetmore From: • P Send: ua ga To: Kelly Wetmore Subject: Website Message Council: 1. Please consider Planning c ommissioner Tim Brown for the Council vacancy. -Don Dirkse & Anna Unkovich No virus found In this incoming message . Checked by AV - www.aV9 corn Version: 9.0.801 Virus Database: 271.1.1/2853 - Release Date: 05/03/10 23:27:81 I Agenda Item 11.b. Page 41 tt�u�JVL. J DATE: 04/30/2010 T: The City of Arroyo Grande Council Members Mayor Tony Ferra Mayor Pro Teen J Guth Council Member 3 Costello Council M ember Chuck Fellows FROM: Duke and Lori Sterling Arco o Grande CA 93420 RE: LETTER RECOMMENDNG TIM BROW FOR OPEN C ITY COUNCIL POSITION 10 MAY -- 3 ' * 52 Lori and I en thusiastically iasticall recommend Tire B rown for your vacant City Council position. Mr* Brown is an asset to our community. Just I week after we relocated to the • Grande, Mr. Brown recognized our heart for the village area and City of Arroyo � made us a o the Stilwell house. Since that time, he has been active in the mo and even the renovations our new home. Mr. Brown plannin udrstand the vision and p olicies of the City of Arroyo Grande and has been helpful with our never development, He has been instrumental very througho p rocess t the entire of making the vintage Stilwell house our home. v fortunate to know 1r. Brown as our neighbor and friend, We We �� � stronly believe th at the c would Arroyo Grande ould b just a fortunate to have ci ty Mr, Bro wn representing this great city. if you shou have any q uestions regarding this lever of recommendation, we i nvite you to contact us directly a nyti Anne. asst regards, 0 _'_ M nQ Lori Sterling din Agenda Item II.b. Page 42 pRRO � c p INCORPORATED 7 u k : ...,:, i g $ JOLT 10. III' * . 4 I F ()Re MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICES /CITY CLERK SUBJECT: SUPPLEMENTAL INFORMATION:- MAY 25, 2010 AGENDA ITEM 11.b. APPOINTMENT TO FILL CITY COUNCIL VACANCY DATE: MAY 25, 2010 Council Member Fellows requested the attached correspondence be distributed to the Council regarding the appointment to fill the City Council vacancy. c: City Manager City Attorney Print Page 1 of 1 From: Gordon Bennett To: c1fe11ows @sbcglobal.net; Date: Sun, May 23, 2010 10:03:17 PM Cc: Subject: Tim Brown for City Council Honorable Mayor of Arroyo Grande and City Councilmen. We highly recommend that you consider Tim Brown for the position of City Councilman. Tim has served the citizens of Arroyo Grande through the Planning Commission and is knowledgeable when it comes to the operations of City Govemment. He attends the City Council meetings and is very concerned about its future. Gordon Bennett Manetta Bennett http: / /us.mg201.mail. yahoo. com /dc/launch ?.partner=sbc &.gx =1 &.rand= aucavkuhtm17o 5/22/2010 Print Page 1 of 1 From: Brown, Tim@DIR To: clfellows @sbcglobal.net; Date: Mon, May 24, 2010 1:56:26 PM Cc: Subject: job Hi chuck: My title is Information & Assistance Officer: I work for the Department of Industrial Relations , Division of Worker Compensation. I work with all members of the public who are working their way through the work comp System. One of my main functions is to help facilitate resoulution of disputes between Unrepresented injuried workers and insurance companys in an effort to lessen litigation within the system. I was awarded the employee award for excellence in 2007 because of my success in fulling that mission. I nigotiate settlements on a daily basis and know the value of looking at all sides of the Issue. tim http: / /us.mg201. mail. yahoo. com /dc/launch ?.partner= sbc &.gx =1 &.rand= aucavkuhtm17o 5/22/2010 F pRROVO O 0 • INCORPORATED 7 ▪ JULY 10, 1E11 w o t /FORT MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION, SERVICES /CITY CLERK SUBJECT: SUPPLEMENTAL INFORMATION: MAY 25, 2010 AGENDA ITEM 11.b. APPOINTMENT TO FILL CITY COUNCIL VACANCY DATE: MAY 24, 2010 Attached is correspondence received by the City following distribution of the Agenda packet. c: City Manager City Attorney Nick Alter 850 Tempus Circle Arroyo Grande, CA 93420 (805) 474 -8062 Home I n � `� c i 1 F: I S (805) 458 -1169 Cell (805) 474 -8083 Fax nick aller(a)mindsprinf. com May 22, 2010 Mayor and City Council City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 Dear Mayor and Council: This is to express my support of Tim Brown's appointment to the City Council. I believe Tim has all the qualifications our community needs to fill the vacated position: the requisite knowledge, skills, and experience along with a record of dedicated public service unmatched by the other candidates. I would add to this as well his demonstrated capacity and desire for continued personal growth, as evidenced for example in the honing over the years of his public temperament and demeanor. Tim has earned this chance to be on Council, and our community is fortunate to have him standing in the wings at a time like this. Respectfully, Nick Alter ;JIROrr 0 C , ' INCORPORATED Y g ♦ JULY IC. 1611 4, 0 .4 I F ORK \P MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICES /CITY CLERK 4 4.A.. ) SUBJECT: SUPPLEMENTAL INFORMATION: MAY 25, 2010 AGENDA ITEM 11.b. APPOINTMENT TO FILL CITY COUNCIL VACANCY DATE: MAY 21, 2010 Attached is correspondence received by the City following distribution of the Agenda packet. c: City Manager City Attorney Kelly Wetmore From: Lori Jil Virnig -_ Sent: Thursday, May 20, 2010 4:49 PM To: Kelly Wetmore Subject: Fw: Vacant City Council Seat Hello Ms. Wetmore: I sent this to all 4 members of the City Council and I just want to make sure they receive it. I'm not sure if they check their city emails daily. If you could please bring this to their attention I would greatly appreciate it. Thank you, Lori Jil Virnig Original Message From: Lori Jil Virniq To: cfellowsearrovogrande.orq ; jcostello(o�arrovogrande.orq ; jquthrie(cilarrovogrande.orq ; tferrarat7a arrovogrande.orq Sent: Thursday, May 20, 2010 3:57 PM Subject: Vacant City Council Seat Good afternoon! I decided to go to last night's question and answer forum put on by the League of Women Voters with regards to the vacant City Council seat. I understand that elections are costly and that you four gentlemen will be making this decision Tuesday night. As one of your many constituents...but only one of just a few that attended last night, I thought it was best to email all of you and let you know who I would've voted for and why. Tim Brown would have my vote in a heartbeat. I am a regular "at home" viewer of City Council and Planning Commission. I have spoke at the podium once about the sidewalk and crosswalks at Tally Ho and James Way and am passionate about this city. I feel that Mr. Brown is the most qualified candidate. He is smart, thoughtful and not afraid to look at all sides of an issue. He seems genuine and real without putting up facades. I do not know Tim Brown personally, I have never met him...but I saw him the night he asked the council to take a 2 week "break" from the crazy divide over Centennial Plaza. He had his own opinion, but felt more compelled to look after our city's well being and voice that concern and give that suggestion. I want someone to represent our city /my city with it's best interest in mind. And I feel Tim Brown would be the best choice. Thank you! Respectfully yours, Lori Jil Virnig 1