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Agenda Packet 2010-07-13Z C ity Coiuicil Tony Ferrara, Mayor Jim Guthrie, Mayor Pro Tem Joe Costello, Council Member Chuck Fellows, Council Member Caren Ray, Council Member 1. CALL TO ORDER 2. ROLL CALL 3. FLAG SALUTE 4. INVOCATION 5. SPECIAL PRESENTATIONS None. 6. 6a. 7:00 P.M. KNIGHTS OF COLUMBUS PASTOR ROBERT BANKER OPEN DOOR CHURCH Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. d. Steven Adams, City Manager Timothy J. Carmel , City Attorney Kelly Wetmore, City Clerk AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, JULY 13, 2010 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande AGENDA SUMMARY —JULY 13 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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 June 16 2010 through June 30, 2010. 8.b. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of June 8, 2010, and the Regular City Council /Redevelopment Agency Meeting of June 22 2010, as submitted. 8.c. Consideration of a Resolution Acceatina the Results of the Special Municiaal Election Held Tuesday, June 8, 2010 (WETMORE) Recommended Action: Adopt a Resolution accepting the Certificate of the County Clerk — results of canvass of all votes cast at the Consolidated Special Election held June 8, 2010 in the City of Arroyo Grande. 8.d. Consideration of Council Appointment to Planning Commission (WETMORE) Recommended Action: Approve the recommendation of Council Member Caren Ray to appoint Jennifer Martin to the Planning Commission. AGENDA SUMMARY —JULY 13 2010 PAGE 3 8. CONSENT AGENDA (cont'd) 8.e. Consideration of a Sewer System Management Plan (SSMP) and Fats, Oils and Grease (FOG) Program Member Agency (MA) Agreement with South San Luis Obispo County Sanitation District (SSLOCSD) (PERRIN) Recommended Action: Approve the Member Agency Agreement for South San Luis Obispo County Sanitation District to continue to manage the Sewer System Management Plan (SSMP) and the Fats, Oils and Grease (FOG) Control Program for the City. 8.f. Consideration of Adoation of an Ordinance Addina Chaster 5.90 to Title 5 of the Arroyo Grande Municipal Code Regarding Bingo and Remote Caller Bingo Games (PERRIN) Recommended Action: Adopt an Ordinance adding Chapter 5.90 to Title 5 of the Arroyo Grande Municipal Code related to bingo and remote caller bingo games. 8.g. Consideration of Acceptance of the Elm Street Community Center ADA Retrofit Project, PW 2009 -10 (PERRIN) Recommended Action: 1) Accept the project improvements as constructed by Spiess Construction Co. Inc. in accordance with the plans and specifications for the Elm Street Community Center ADA Retrofit Project; 2) Approve an appropriation of $6,082 from the Community Recreation Center Impact Fund; 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. 8.h. Consideration of Acceptance of the Pearwood Avenue Rehabilitation Proiect PW 2010 -03 (McCLISH) Recommended Action: 1) Accept the project improvements as constructed by Ferravanti Grading and Paving in accordance with the plans and specifications for the Pearwood Avenue Rehabilitation Project; 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.i. Consideration of Aareements to Provide Personnel and Administrative Services to the Five Cities Fire Joint Powers Authority (ADAMS) Recommended Action: 1) Approve an Agreement with the Five Cities Fire Joint Powers Authority ( "Authority ") to provide fire personnel; and 2) Approve an Agreement with the Authority to provide administration services. 8.j. Consideration of Fund Transfer for the East Branch Streetscape Project, PW 2009 -01 (McCLISH) Recommended Action: Approve a transfer of $41,000 from the Pavement Management Program CIP project for the East Branch Streetscape Project to address recently discovered revenue shortfalls. 9. PUBLIC HEARINGS: None. AGENDA SUMMARY —JULY 13 2010 PAGE 4 10. CONTINUED BUSINESS None. 11. NEW BUSINESS: 11.a. Consideration of Maintenance Oations and Status Resort of the Elm Street Off Leash Dog Park (PERRIN) Recommended Action: 1) Approve use of wood chips as the renovation option for the Elm Street Off Leash Dog Park; and 2) Review and comment on the Elm Street Off Leash Dog Park Status Report. 11.b. Consideration of Approval of the Children In Motion Subcommittee's Recommendations to Eliminate the City's Subsidy of the Children In Motion Program (PERRIN) Recommended Action: 1) Pursue various fundraising events and seek straight donations through a Friends of Children In Motion group; 2) Expand specialized after - school enrichment and sports programming; 3) Expand marketing efforts to increase enrollment; 3) Reduce future costs by eliminating vacation and sick leave benefits for future part -time teachers and aides; 5) Restructure department staffing and the program sites; and 6) Delay City Council decision regarding the Child Care Coordinator position until August in order to consider a reorganization opportunity that may arise due to a possible retirement within the Recreation Division. 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 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 GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (3) Homeless Services Coordinating Council (HSOC) (4) Tourism Committee (5) Other (c) COUNCIL MEMBER COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Other AGENDA SUMMARY —JULY 13 2010 PAGE 5 12. CITY COUNCIL REPORTS: (cont'd) (d) COUNCIL MEMBER FELLOWS: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (3) Other (e) COUNCIL MEMBER RAY: (1) Economic Vitality Corporation (EVC) (2) California Joint Powers Insurance Authority (CJPIA) (3) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and /or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and /or request direction from the Council. No formal action can be taken. None. 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 AGENDA SUMMARY -JULY 13 2010 PAGE 6 * * * * * * * * * * * * * * * * * * * * * * * ** 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 A. INCORPORATED JULY 10, 1911 If; MEMORANDUM DLJM To: CITY COUNCIL FROM: ANGELA K AETSCH, DIRECTOR of ADMINISTRATIVE ISTF ATIVE SEF 10E BY: FRANCES R. HEAD, ACCOUNTING SUPERVISORf SUBJECT: CONSIDERATION ATION of CASH DISBURSEMENT RATIFICATION DATE: JULY 13, 2010 RECOMMENDATION: It is ee ommended the City Council ratify the attached listing of cash disbursements for the period June 16 through June 30, 2010. FINANCIAL IMPACT: There is a $4,110,655.84 fiscal impact that includes the following items; Accounts Payable Checks 145699-145944 $ 31700,781.91 Payroll Checks & Benefit Checks $ 409,873.93 BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff` reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2099. 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 Fly 2909 -1 budget. ALTERNATIVES: IES: The following alternatives are provided for the Council's consideration: 0 Approve staff's recommendation; Do not approve staff's recommendation; mendation; 0 Provide direction to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION EF ATION of CASH DISBURSEMENT RATIFICATION JUDY 13, 2010 PAGE ADVANTAGES: • The Administrative Services Department monitors payment of invoices for accountability, accuracy and c ompleteness using standards approved by the Council. • Invoices are paid in a timely manner to establish goodwill with merchants. • Discounts are taken where applicable. DISADVANTAGES: No disadvantages have been identified as long as City Council confirms all expenditures are appropriate. ENVIRONMENTAL L F EVIE W: No environmental review is required for this item. PUBLIC NOTIFICATION I AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, July 8, 2010. The Agenda and report were posted on the City's w ebsite on Friday, July 9, 2010. No public comments were received. Attachments: 1. June 16 -June 30, 2010 — Accounts Payable Check Register 2. June 18, 2010 •- Payroll Check & Benefit Checks Register Agenda Item 8.a. Page 2 i3 CL ^ ice/ M0 rMIL M M/�/� \V W W ice/ apCkHis# 07/0112010 : 8AM Check History Listi CITY OF ARROYO GRANDE ATTACHMENT 1 P age: 1 Bank code: boa Check # Date Vendor Status Clear/Vold Date Invoice 145599 06/1812010 000946 A D STARR 145700 0811 812010 005829 AK & COMPANY 145701 06/18/2010 007881 MIK RIME fTA 145702 08118/2010 005709 AMERICAN MESSAGIN 145703 06/18/201 003817 AMERIPRIIE U NIF O RM SVGS V 145704 06118/2010 003817 AMERIPRIDE UNIFORM SVGS 77785A AG 060910 081510 06/18/2010 1500071100 1500082885 1500071096 1500082877 1500077130 1500088210 1 500071093 1500082866 1 500071095 1500077142 1500082872 1500088217 1500077138 1500088215 1500077143 150../ 088218 1 500071089 1500082851 1 500071097 1500077145 1500082880 15 1500077133 1500088213 1500082883 1500071099 150007 149 Inv, Date Amount Paid Check Total 06/0412010 1 N 1. 466.1 06/04/2010 3,500.00 3,500.00 06/091201 30.00 30.00 06/1612010 22.86 22.86 0.00 0.00 05104/2010 29.00 05/18/2010 29.00 05/04/2010 26. 05118/2010 23. 051111201 20.25 05125/201 20.25 05/04/2010 19.5 051181201 19. 05104/201 19.20 0511112010 1 9.20 0511812010 19.20 05/2512010 1 9.20 05/11/2010 1 8.00 05/25/2010 18.00 0511112010 1 05/25/201 17.0 05104/2010 17.00 0511812010 17. 05/0412010 15.00 05111/2010 15.00 05/18/2010 15-00 05125/2010 15.00 05/11/2010 10.50 0512512010 1 0.50 06/18/2010 7.75 0510412010 7. 26 05/1112010 6.00 P 1 Check H i t pry Listing CITY OF ARROYO GRANDE Page: apCkHi t 0710112010 9 :38AM Bank code: boa Check # Date Vendor 1 45705 06/1812010 007882 MARIA ANDERSON 145706 06/18/2010 005180 APEX OUTDOOR POWER 145707 06/181201 006607 AT&T 145708 06/18/2010 000053 B & B STEEL & SUPPLY, INC Status Clear oid Date Invoice 1500088222 1500077131 1500088211 1500077140 1500082869 1500088216 1500077148 1500088221 1500077132 1500088212 1500071094 1500071098 1500077146 1500082881 1600088220 0610 30658 000001387730 1382938 349880 342237 342609 342418 C REDIT "r 1111) 06/24/2010 060910 515740122 410001118 0870 053110 Inv. Date 145709 06/1812010 000055 B & T S C STN 05/25/2010 145710 0811812010 000085 BRENDA BARROW D 145711 0811812010 001944 BASIC CHEMI c� 8.00 05111/2010 145712 06118/2010 006188 BFGC ARCHITECTS CL 6.00 0 145713 06/1812010 000078 BLUEPRINT EXPRES 05/11/2010 3.00 05/25/2010 145714 06/18/2010 001917 BOB'S EXPRESS S WASH 05/11/2010 3.00 M 00 8.00 406i 8.00 Status Clear oid Date Invoice 1500088222 1500077131 1500088211 1500077140 1500082869 1500088216 1500077148 1500088221 1500077132 1500088212 1500071094 1500071098 1500077146 1500082881 1600088220 0610 30658 000001387730 1382938 349880 342237 342609 342418 C REDIT "r 1111) 06/24/2010 060910 515740122 410001118 0870 053110 Inv. Date Amount Paid Check Total 05/25/2010 8.00 05/11/2010 6.00 05/25/2010 8.00 05111/2010 8.00 05/18/2010 6.00 05/25/2010 6.00 05/11/2010 3.00 05/25/2010 8.00 05/11/2010 3.00 05125/2010 8.00 05/04/2010 8.00 05/04/2010 8.00 05/1112010 3.00 05/18/2010 3.00 05/2512010 3.00 532.38 06/1 012010 305.00 300.00 05/05/2010 81.51 81.51 05125/2010 851.33 0512212010 28.88 880.21 06106/2010 190.86 05/18/2010 97.60 05/24/2010 17.13 05120/2010 13.05 02/08/2010 -26.92 291.72 0512812010 145.00 145.00 06/09/2010 329.60 329.60 06/07/2010 820.43 820.43 05/13/2010 18,500.00 18,500.00 0611412010 137.03 137.08 05/31/2010 122.00 122.00 Page: 2 apCkHit Check History Listing 70931 0610212010 Page: 0710112010 9:38AM CITY OF ARROYO GRANDE 085186810876375 0513112019 Bank code: boa Check # Date Vendor Statue ClearlVoid Date Invoice Inv. Date Amount Paid Check Total 145715 06/18/2010 007884 JOCELYN BRENNAN 060910 06/09/2010 30.00 30.00 145716 06/18/2010 000087 BRE DEN PEST CONTROL, 121154 05/25/2010 80.00 80.00 145717 06/1812010 000090 BRISCO //MILL & LUMBER 144935 06/04/2010 45.63 45.63 145718 0611812010 007304 BURS E, WILLIAMS & 138463 06/0712010 111.50 111.50 14571 06/1612010 007896 MILDRED CABALBAG 062410 06/2412010 1 50.00 1 50.00 145720 0611 812010 006852 CAL COAST CARPET 29549 0610412010 1 1,003.52 145721 06/1812010 000603 CARQUEST AUTO PARTS 7314- 395661 0311912010 2.14 2.14 145722 06/1812010 004391 CASEY PRINTING, INC 15652 05/1912010 2 2,790.63 145723 06118/2010 000160 CHAPARRAL 318580 06/0112010 197.49 197.49 145724 0611812010 000163 CHERRY LANE 28205 06!2612010 16.31 16.31 145725 0611812010 006039 CHEVRON & TEXACO CARD 25172887 06106120'10 845.62 646.62 145726 06/1812010 007006 COASTLINE 00036915 0610312010 282.20 282.20 145727 0611812010 007880 CESAR CORTINEZ 061010 06110/2010 295.00 296.00 145728 96118/2010 000195 CRYSTAL SPRINGS WATER 14273 05131/2010 33.80 Page: 70931 0610212010 11.90 085186810876375 0513112019 10.95 63949 06/0212010 3.50 60.15 145729 06118/2010 005091 JOHN DEERE LANDSCAPES 54648440 0612812010 20.19 54646725 0512812010 2.56 22.75 145730 0611812010 000208 J B DEW AR, INC 731505 05/31/2010 56.68 56.58 145731 06118/2010 002608 DLT SOLUTIONS, INC 3405463 06!0812010 847.82 847.82 c> '14 5732 0611812010 000215 D U G LASS TRUCK BODIES, 1-0229274 05126120'10 211.67 211.07 CL 0 145733 06/18/2010 007 885 KATE DUNGAN 060910 0610912010 36.66 30.60 145734 06/18/2010 007679 JESUS ESPINO A 061010 0611012010 200.00 200.00 M 00 CA iD Page: t� c� CL 0) M0 M c� c� 00 pD H 1st 0710112010 9:38ANM Check History Listing CITY OF ARROYO GRANDE Page: 4 Bank code: boa Check Total 493.89 Check # Date Vendor Status ClearNoid Date Invoice Inv. Date 1 45735 0611812010 000240 FARM SUPPLY CO 340200 05127/2010 115.66 313750 0510312010 1,10$.92 30.00 311 804 0510112019 8.70 326755 0511412010 145736 0611812010 001525 FERGUSON ENTERPRISES, 6162673 0610212010 46.89 6202715 0611 012010 3'1 .84 6191811 0610712010 145737 0611812010 004672 SAMANTHA FLEMING 060910 0610912010 145738 0611812010 000262 FRANK'S 'S L D1 KEY 30519 0511812010 30.00 29.15 3057 05/2712010 28.00 30575 06/0112010 145739 0611812010 007886 J GARCIA 060910 06109/2010 145740 0611812010 000605 THE GAS COMPANY 613 -140 0610312010 6/7 - 200 061071201 6l - 0610312010 617 -208 06/0712010 617 - 0610712010 /9 - 1 500 0610912010 617 - 0610712010 145741 0611812010 003170 GOLDEN BAY MECHANICAL, 21625 0512712010 145742 0611812010 006177 GOSPEL LIGHTHOUSE 060910 0610912010 148743 0611812010 000499 GRAND AWARDS, INC 2803 0512612010 145744 0611812010 002358 GREAT WESTERN ALARM 1 00500713101 06/01/2010 1 00500013101 0610112010 145745 0611812010 007887 UTIDIA GUERRA 060910 0610912010 145746 0611812010 000291 HAA E R EQUIPMENT, I N C 074347 0611012010 145747 0611812010 001237 HANS N A GREG. MID 1085883 05/26/2010 1087666 0610312010 Amount Paid Check Total 493.89 188.36 61.11 30.23 773.59 942.82 115.66 48.94 1,10$.92 30.00 30.00 22.84 8.70 6.53 38.07 38.09 30.00 125.34 46.89 48.98 3'1 .84 15.78 15.78 18.95 292.61 112.90 1 12.90 30.09 30.00 29.15 29.15 28.00 28.00 56.00 30.00 30.00 214.61 214.81 460.01 297.98 757.99 Page: 4 Page: p kHi t 07/01/2010 9:3 AM Check History Listing CITY OF ARROYO GRANDE Page: 5 Bank code: boa Check # Date Vendor Statue C lear/Vold Date Invoice Inv. Date Amount Paid Check Total 145743 06/16/2010 007338 HAPPY TIME PRESCHOOL 060910 06/09/2010 30.00 30.00 1 45749 06/18/2010 097357 NTALIE HAFT 061 41 06/14/2010 18.00 18.00 145750 0611612910 000923 HI -TECH EMERGENCY INC 1 32724 05119/2010 199.61 199.61 145751 06/18/2010 001386 H Pk INS TECHNICAL 201012604 06/0712010 132.45 132.45 145752 06116/2910 004288 ICC - INTL CODE COUNCIL, P #2928 06/15/2019 2 2 1 45753 06/18/2910 002829 IN FF, INC 1666459 06/04/2010 143.79 1669126 06/0912010 1 266.35 145754 06/18/2910 907889 NORA JAROBO 060910 96/99/2010 30.00 30.00 145755 06/18/2910 005201 JAS PACIFIC BI 10447 06/0412910 4,800.09 4,800.00 145756 06/18/2010 007009 KAESER & B LAIR INC 00507303 9610412010 529.82 00504140 06/03/2010 120.27 650.09 145757 96118/2010 003949 KERN'S PAPER 28708 0511912010 280.25 28849 0512712010 280.25 28750 05/19/2010 273.92 834.42 11 45758 06/1 8/2010 004969 JOHN ZING 060110 06/01 /2010 50.09 50.00 145759 06/18/2010 997890 E RLAYN E K ASNER 069910 06/09/2010 39.90 30.00 145760 96/18/2010 000376 LAWS ON PRODUCTS, I NC 92531 05/25/2010 168.46 168.46 145751 06/18/2010 000393 LUCIA MAR UNIFIED SCHOOL 199076 05/07/2010 692.25 100964 06/03/2010 301.80 004.05 145762 06/1812010 007878 LYNN PEAVEY COMPANY 221672 05/1712010 167.00 167.00 145763 06/18/2010 003121 ALFREDO MENDEZ 060910 06/09/2010 30.09 30.00 D c� 145764 9611 8/2010 000426 MIER BROS LANDSCAPE 165586 05/03/2010 114.1 CL 166550 95/2612010 82.65 A' i� _ 166170 05118/2010 82.65 166163 05/1812010 82.65 362.14 i� M 00 145755 06/18/2010 007897 KAREN EN MILLER 961610 06/16/2010 199.00 100.90 iD Page: t� c� CL 0) mo m t� m 00 00 0) pkHist 07/01/2010 9 :38AM Check History Listing CITY OF ARROYO GRANDE Page: 6 Bank code: boa Check # Date Vendor 148788 06/1812010 007760 OLIVIA MILLER 145767 06/1812010 000429 DINER'S ACE HARDWARE, 145768 08/18/201.0 007164 GRICELDA NAVARR 145769 06/18/2010 000486 NOBLE SAW, INC 145770 06/1812010 007202 N S A 1AN LLP 148771 0611812010 000468 OFFICE DEPOT 148772 06/18/2010 007891 NICOLE OMOHUNDRO 145773 06118/2010 007892 ORCUTT UNION SCHOOL 145774 0611812010 000481 PACIFIC GAS & ELECTRIC 145775 0611812010 007108 PARAMOUNT CLEANERS 145776 08/1812010 007273 TINA PATLAN 145777 06/18/2010 000492 PETTY CASH 145778 06/18/2010 007453 PLANNING COMPANY ASS 145779 06/1812010 000503 POOR RICHARD'S PRESS, Status Clear/Void Date Invoice 080310 0610312010 256.50 256.50 K27988 0311912010 70.94 K27816 0311812010 66.30 36 0610412010 63.48 173631 0611 012010 36.37 136303 0610512010 30.43 K26436 03/06/2010 26.07 135700 05/30/2010 25.00 K35497 06/2812010 13.04 K32351 05/01/2010 9.78 K37054 06/11/2010 8.09 K37055 06/1112010 4.34 K31294 04/2012010 1.96 136040 0610212010 0.96 X33322 0510812010 - 41.31. 315.47 060910 06/09/2010 30.00 30.00 85202 05/2512010 136.63 1 36.83 371100 05/13/2010 1,533-65 1533.65 521471624001 0610412010 88.26 88.26 060910 06/09/2010 30.00 30.00 060910 06109/2010 75.00 75.00 5128 - 853299 06128/2010 20,634.88 20 3178 05/31/2010 545.00 848.00 060910 0610912010 30.00 30.00 061610 0611612010 280.00 250.00 769 05/31/2010 5,000-00 5 211857 05/19/2010 717.02 211735 05/1412010 337.87 Inv na#m Amniint Pahl f'har-lr Tn # Page: 6 Page: 7 apCkH!at 07101/2010 9 :3 AM Check History Listing CITY OF ARROYO GRANDE Page: 7 Bank ode: boa Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 21 1737 0511412010 337.67 211878 0511912010 11 3.10 11505.46 145760 0611 812010 005513 BRITTANY QUARESMA 060910 06/0912010 30.00 30.00 145781 0611812010 002751 RANGE MASTER 4141 0610312010 40.24 4145 0610312010 40.24 4143 0610312010 40.24 4144 0610312010 40.24 160.96 145782 0611612010 006666 REPRO GRAPHICS 668 0511012010 438.00 436.00 145783 0611812010 000531 RI HETTI COMPLETE WATER 82439 0610112010 15.00 15.00 145784 06/1812010 002670 R I 0 H LEASING 6086008 0512212010 157.45 157.45 145785 06113!2010 006566 .JOHN R G E RS 061510 0611512010 108.73 108.73 145786 0611812010 000538 S. & L SAFETY PRODUCTS 073761 0611012010 .543.42 543.42 145787 0611812010 007746 PALL SALITORE 061410 0611412010 78.00 73.00 145788 0611812010 007893MELINDA SOKOLOWSKI 060910 0610912010 30.00 30.00 145789 0611812010 003641 SOUTH COUNTY SANITARY 49913 0610112010 4 4,974.31 145790 0611812010 003288 JEFFREY SO U A 2309082 0310312010 378.49 878.49 145791 0611812010 004393 SP MAINTENANCE 31245 06101/2010 6 6,994.40 145792 0611612010 0071 SPRINKLER KING INC 17097 0611712010 7 17100 0611 712010 371.57 8 145793 06/18/2010 000612 STAPLES 1809835001 05/0512010 488.89 488.89 145794 0611812010 000613 STATEWIDE SAFETY & 79025 0610412010 438.41 D 79026 0610412010 438.41 376.62 ca 145795 0611812010 002260 STEVEN ENTERPRISES, INC 0255044 -IN 0610612010 321.24 321.24 C 0 145796 0611 8/2010 000620 STREATOR PIPE & SUPPLY 1155788 0512612010 33.99 38.99 145797 0611812010 000624 SUPERIOR QUALITY 36814 0510612010 84.66 84.66 M 00 w iD Page: 7 CL 0) F 0 O 0) ap kHist 07101/2010 :38A ! Check History Listing CITY OF ARROYO GRANDE Page: Bank code: boas Check # Date Vendor 145798 08118/2010 007699 TIER RA WEST ADVISORS IN 145799 0811812010 002370 TITAN INDUSTRIAL 145800 0811812010 007894 MARIA T STE 145801 06/1812010 006552 TRA 3 ASSOCIATES 145802 0811812010 006551 UNITED STAFFING ASSOC. Status ClearNoid Date Invoice 145803 0611812010 000822 US POSTMASTER V 0512112019 145804 06/18/2010 000677 PEG Y VALKO 145805 0611812010 000678 VALLEY ALTO SERVICE 145806 06118/2010 007869 VCA ANIMAL HOSPITALS 145807 0611812010 002137 VERIN WIRELESS 145808 0611812010 007895 ROBIN WALT ON 145809 0811812010 002609 WATERS YS PLUMBING 145810 0611812010 005545 KASEY WATSON N 145811 08!1812010 00786 WE-DO EQUIPMENT ENT REPAIR 145812 141010 007915 CITY OF ARROYO GRANDE 1 06/24/2010 000010 AFSS 145814 0812412010 000038 AG CHAMBER OF 145815 06124/2010 004815 AIRAS ZEST IN 145816 0612412010 007898 JOSHUA ALT ON 145817 0812412010 007883 RYAN ANGLE Inv. Date Amount P aid C heck Total 05 -AG 1041159 104115 1041160 060910 1049.0 069538 060579 0614'10 061610 18734 061110 060810 0876168401 060910 15959 060910 W048352 062310 07011 245 103106502 061910 061510 0610512010 06117/2010 06/02/2010 0610212010 0810912010 0413012010 0810212010 0010912010 05114/2010 0811612010 05/11/2010 /2010 0611112010 06/08/2010 0610412010 06109/2010 05120/2010 06/0912010 0512612010 0612312010 07/0112010 0611012010 0513112010 0611912010 0611512010 7,008.75 358.17 156.17 79.39 80.00 691.80 1,000.54 750.4'1 1,150.09 293.50 40.00 11, 552.00 124.00 569.04 30.00 85.09 70.00 27.68 1, 000, 000.00 50.00 2,750,00 83.81 30.00 278.34 7,008.75 593.73 80.00 691.60 1,750-95 1,150.09 293.50 40.00 11 ? 676.00 569.04 80.00 85.00 70.00 27.68 1,000,000-00 80.00 2,750.00 33.81 30.00 278.84 Page: 8 \V ii 0) c� �F pkHist 07/011201 9:38AM Check History Listing CITY OF ARROYO GRANDE P Bank code: boa Check # Cate Vendor 1145818 0612412010 003175 AQUA -METRIC SALES 145819 06/2412010 000043 ARROYO GRANDE GLASS 145820 06/2412010 005507 AT & T 145821 0612412010 002 180 AVAYA, I 145822 0612412010 007522 AW DIRECT 145823 0612412010 007518 Z AK AYALA 145824 0612412010 000053 B & B STEEL & SUPPLY, INC 145825 06124/2010 000058 BANK OF AMERICA 145826 06124/2010 007492 BATTERY SYSTEMS 145827 06/24/2010 000090 BRISCO MILL & LUMBER 148828 06/2412010 005498 BROADWAY JEWELERS 145829 0612412010 000004 BRUMIT DIESEL, INC 145830 0612412010 001577 BURDINE PRINTING DBA 145831 06/2412010 004077 DA ST DEFT OF HEALTH Status ClearNoid Date Invoice 0033096-IN 0033097 -IN 0033'1 5 -I 1124 6/7 -0183 617 - 7480 617 -3950 617 -3956 617 -3953 2730078004 101 5626046 062310 343728 618 -9444 618 -x'762 618 -6736 618 -2083 618 -258'1 618 -2080 6189436 23-024371 23- 024407 144886 97326 24071 14237 982210 Inv, Date Amount Paid 06/1412010 968.08 06/14/2010 200.89 06/1 512010 130.66 06/10/2010 1 54.88 06107/2010 188.76 06/0712010 65.64 06/07/2010 32.33 06/07/2010 32.33 0610712010 32.33 06101 12010 74.70 0611012010 519.19 06/23/2010 1 P 458.00 06/10/2010 71.78 0610812010 4,351.07 0610812010 1 06/08/2010 544.00 06/08/2010 233.70 06/08/2010 107.66 06/05/2010 102.21 0610812010 101.27 06/0412010 220.74 06/11/2010 78.77 06/01/2010 22.26 05/11/2010 1 06/11/2010 13.00 0512512010 1 06122/2010 295.00 Check To tal 1,290.63 154.88 361.38 74.70 510.10 1,458.00 71.78 6,833.74 299.51 22.28 1,4'13.75 13.09 1,324.35 295.00 Page: 9 akHist Check Hi Listing P age: 1 07/01/2010 9:3 AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total 145832 06/2412010 000107 CALIFORNIA FIRE CHIEFS 051110 05/11/2010 250.00 250.00 145833 06/24/2010 003775 CALIFORNIA J PIA 051010 05/10/2010 003,917.00 663 145834 06/24/2010 007900 ME CALVERT 061910 00119/2010 30.00 30.00 1 45335 06/24/2010 000603 CAR QUEST EST AUTO PANTS 731 - 41 3869 06/08/2010 48.99 D t� c� CL 0 c� F0 N 0 145836 06/2412010 001314 DDFISTATE FIRE TRAINING 145837 06124/201 007901 CENTRAL COAST SALMON 145838 06124/201 001990 CHARTER 148839 06/24/2010 000195 CRYSTAL SPRINGS W ATER 145840 06/2412010 697993 CU LTURAL RESOURCE 145841 06/24/2010 005091 ,JOHN DEERE LANDSCAPES 145842 06/2512010 007924 RYAN ADLESH 145843 06/25/2010 000065 BRENDA BARROW 145844 06/25/2010 007899 GINNY BROWN 145345 06/25/2010 000603 CARUEST AUTO PARTS 731 4 - 414293 7314. 413558 7314 - 417154 7314 -41 4264 7314-416944 052810 011708 -1 052810 48517 967'67 96774 54763004 56781513 54688405 54766765 54762979 54725573 54692935 542 062310 060910 061510 7314 - 402968 06/09/2010 06/07/2010 06/22/2010 06/09/2010 06/21/201 05/2812010 10/06/2009 0610212010 0512812010 05/3112010 04/12/2010 05127/2010 06/08/2010 06/01/2010 06/02/2010 06/08/2010 0610812010 06/04/2010 06/02/2010 06/0612010 06/2312010 0610912010 06/1612010 04/20/2010 24.53 23.02 17.90 1 7.07 1'1.79 40.00 4,780.00 1,020.00 221.98 17.85 1,560.00 831.50 113.41 1 01.99 64.46 41.00 35.'18 20.'19 1215 6.66 50.00 329.60 150.00 25.56 143.30 40.00 5,600.00 221.96 17.85 2,41'1.50 400.04 50.00 329.60 150.00 25.58 Page: 10 D c� c� CL 0) c� �F w� apCkHit 07/01/2010 : 8AM Check History Listing CITY OF ARROYO GRANDE Page; '11 Bank code: boa Check # Date Vendor 145846 06/2512910 000028 CENTRAL CAL METRO 145847 06/25/2910 007902 IVN CHAVE 145848 06/25/2010 007728 SCOTT CRAIE 145849 06125/2910 007925 PETER CURT 145850 06/25/2010 002673 DOCTORS 1IEDPLS i1ED 145851 06/25/2010 007129 TERRY EN E R 145852 06125/2010 004645 FIRE CHIEFS ASSOC. F SL 145853 06/2512010 007904 FIVE CITIES SINGLES 145854 06125/2010 004790 DEAN NA F L Y D 145855 06125/2010 000282 FRANK'S LOCK KEY 145856 0612512010 004372 DARING TAYLOR 145857 06/2512010 000605 THE GAS COMPANY 145858 0612512010 002813 GRAIN INC 145859 06125/2919 007905 PATRICIA GRANT 145860 0612612019 000330 GSA-INFORMATION TECH 145861 06125/2010 001237 HANS N A GREG. MI 145362 06/25/2010 002405 CHUCK HARE Status Clear/Void Date Invoice 0622 061510 062410 062 310 189361 1893577 1899283 062310 06222010 061910 062310 30579 30599 30601 WELL NO 10 10860 104 10502 6111 - 1375 6/11-350 6/10 -200 9233211940 061710 252 1088`19 062310 Inv. Date Amount Paid Check Total 06/2212010 1 1,296.00 06/1 512010 40.00 40.00 0612412010 20.00 20.90 06/23/2010 20.00 20.00 06/08/2010 65.99 0610812010 65.99 06/08/2016 65.60 195.66 06/2312010 246.00 246.00 0612412010 1 1 06/1 912010 39.09 30.06 06123/2010 48.00 48.00 0610812010 70.00 061041201 57.85 06/0812010 19.58 1 47.43 06/1612010 4 02126/2010 4 0818112018 48.75 04/3012010 36.25 9,868.09 06/11/2010 135.04 06/11/2010 80 0611012010 31.82 247.78 04/2012010 914.37 91 4.37 06117/2910 18.09 18.90 0618712010 116.26 116.26 06/0612010 437.18 437.18 06/23/2010 44.00 44.00 Page: 11 D t� c� CL 0) c� � �, 4� ap kH1st 0710112010 :3 AM Check History Listing CITY OF ARROYO GRANDE Page: Bank cote. boa C he c k # Da Vendor 145863 0612512010 004188 EDDIE HARRIS 145864 0612512010 007906 TAMMI HION 145865 06/25/2010 001386 HOPKINS TECHNICAL 1 45866 0612512010 001 068 PATRICK J I REY 145867 06/2512010 006644 IRON MOUNTAIN 145868 0612512010 006729 VI NCENT R JOHNSON 145869 06/2512010 000413 LAW OFFICES OF JONES 145870 06/2512010 006783 PAM KAAR 1 4587 1 06/2512010 001743 PAUL KARP 1 45872 06/2512010 001793 J J KELLER & ASSOCIATES, 145873 06/25/2010 007299 G ASTON KETTING OLIVIER 145874 06/25/2010 604845 JOHN LARSON 145875 06/25/2010 005511 CHRISTOPHER LINTNER 145876 0612512010 001136 DOUG L I NTN E R 1 45877 06/2512010 007907 LEE LORANE 145878 06/2512010 000393 LUCIA MAR UNIFI SCHOOL 145879 06/25/2010 000405 CATHY MALLORY 145880 06125/2010 005151 MICHAEL MARTINE 145881 0612512010 007908 DAI ETTE MIKLAS 145882 06/25/2010 000429 MINER'S ACE HARDWARE, Status Cl erl old Da Invoke 062310 061910 201005298 060310 BWU 2 94 061110 51485 061110 061910 008302534 062310 062310 062319 062310 96'1010 101026 061110 061910 961019 37 100 38312 18352 78185 K3585 Inv. Date Amount Paid 06/23/2010 260.00 06/19/2010 30.00 0311012010 75.31 06/03/2010 482.80 05/31/2010 1 50.12 06/1112010 155-00 0513112010 472.50 06/11/2010 80.85 06119/2010 30.00 04109/2010 289.64 06/2312010 80.00 06/23/2010 160.00 0 6/23/2010 96.00 0612312010 120.00 06/1912010 3.0O 06/1412010 700.00 06/11/2010 41.94 06/24/2010 65.00 06/1912010 30.00 06/11/2010 17.38 06/22/2010 11.94 06/21/2010 8.68 11712010 8.08 06/01/2010 7.60 Check Total 2O.0 30.00 75.31 482.80 150.12 155.00 472. 80.85 30.00 289.64 80.00 160.00 96.00 120.00 30.00 700.00 41.94 65.00 3 0-00 Page: 12 apCkHist Check History Listing P 13 07101/2010 9:3 AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor status Clear/Void Date Invoice Inv. Date Amount Paid Check Tot al D c� c� ^ CL ice/ c� �F 145883 06/2512010 000466 NOBLE SAW, I N C 145884 0612812010 000468 OFFICE DEPOT 145885 06/2512010 000472 ORCHARD SUPPLY 145885 0612512010 000481 PACIFIC GAS & ELECTRIC 145887 0012512010 003980 PITNEY BOWES, IN 145888 0512512010 003423 CYNTH PLAZA 1 45889 06125/2010 000503 POOR RICHARD'S PRESS, 145890 0612512010 002363 PRIMARY CARE DOG & DT 145891 0612512010 002751 RANGE //MASTER 145892 0612512010 007909 DEANNE RED 145893 0612512010 007910 NELLY RI ERA 148894 06125/2010 004833 STEVE R 11 37276 37364 36936 38330 84398 84397 82781 521668349001 821656018001 8210$8233001 AUTH #165001 6110 - 620838 6/11-781296 0112 - 100318 7147128 -JN 10 001910 211659 76967 4151 4196 4192 4152 4161 4147 4197 4109 061910 06'1910 062310 0611312010 06/14/2010 0611 012010 06/22/2010 05/16!2010 05/1612010 05104/2010 06109/2010 0610712010 0611 012010 0611412010 0611012010 06/11/2010 06/12/2010 0611312010 0611 912010 0511212010 0611412010 0610412010 0611712010 06/17/2010 0610412010 0610512010 06/04/2010 06117/2010 0611712010 06/19/2010 4611912010 06/2312010 7.59 6.48 4.34 4. 32 56.69 47.78 6.42 109.72 56.07 49.34 23.02 275.67 8.87 8.87 56.00 30.90 673.36 303.42 216.25 199.47 180.47 1 67.45 166.30 108.75 108.74 39.00 30.00 257.50 66.00 76.41 111.09 215.13 23.02 203.41 56.00 30.00 673.36 303.42 1 ,186.43 30.00 257.50 88.00 Page: 13 ap Hit 145906 C heck History Listing 145907 Page: 1 0710112010 9 :38AM CITY OF ARROYO GRANDE D Bank code: boa 145909 06/25/2019 007229 DONALD SNYDER Check # Date Vendor Statue Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 145895 0612512019 000536 GREG ROSE 062310 0612312910 224.00 224.00 145896 0612512019 006021 BLADE ROSKELLEY 062310 06123/2010 220.09 229.00 145897 0612512010 006594 LAWRENCE RUC ER 062310 06123/2010 132.09 132.00 145898 0612512010 004558 RUFFONI'S SERVICES INC 123100 05124/2010 38.01 38.01 145899 0612512910 003649 CHARLES D (DON) RUIZ 062310 06/23/2010 162.00 162.00 145900 0612512010 002142 SAN LUIS PAPER CO 601960 06/03/2010 894 36 145901 0612512010 066080 MARTINA SARMIENT 145902 06/2512610 663024 MARK SCHAFFER 145903 06/25/2010 000555 SLO COUNTY DEPT O F 145904 96/2512010 005248 SLO COUNTY FIRE 6110 145905 0612512010 000564 SLO COUNTY NEWSPAPERS 601 184 601193 597046 601 059 -00 594886 062310 062310 506 061510 6887153 6887409 6886661 6888381 MAY 2010 061710 062310 662316 062310 062310 0624'10 05/2512010 05124/2019 03124/2010 0610212019 02119/2019 06123/2610 96123/2010 0511412010 06/1 512010 05/2112010 05/2212010 05/1 812010 05128/2010 05/31/2010 06117/201 06/23/2010 06/2812910 0612312010 06123/2010 66/241201 898.22 822.04 625.86 547.34 68.83 236.06 220.00 1 50.00 145.0'1 141.27 * 14'1.27 115.99 40.00 500.00 210.09 300.00 90.99 252.00 540.80 3,836.65 230.00 220.66 1 50.00 542.64 40.00 500.00 219.96 300-00 90.99 252.00 540.99 Page; 14 145906 06/25/2010 006096 SLO COUNTY 145907 96/25/2010 003831 RANDY D SMART, OD 145908 0812512010 004860 TAMMY SMITH D 145909 06/25/2019 007229 DONALD SNYDER 1 45910 06/25/2010 007926 AMANDA SOUCHEK 145911 06125/2010 000609 BOB SPEAR F 145912 0612512010 007176 SPRINKLER KING INC a� 0 601 184 601193 597046 601 059 -00 594886 062310 062310 506 061510 6887153 6887409 6886661 6888381 MAY 2010 061710 062310 662316 062310 062310 0624'10 05/2512010 05124/2019 03124/2010 0610212019 02119/2019 06123/2610 96123/2010 0511412010 06/1 512010 05/2112010 05/2212010 05/1 812010 05128/2010 05/31/2010 06117/201 06/23/2010 06/2812910 0612312010 06123/2010 66/241201 898.22 822.04 625.86 547.34 68.83 236.06 220.00 1 50.00 145.0'1 141.27 * 14'1.27 115.99 40.00 500.00 210.09 300.00 90.99 252.00 540.80 3,836.65 230.00 220.66 1 50.00 542.64 40.00 500.00 219.96 300-00 90.99 252.00 540.99 Page; 14 D t� c� CL 0) c� �F m*40) aCkHlt 07101/2010 9: 6AM 'age: 1 Check History Listing CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor 145913 0612512010 002452 ANNA STEWA T 145914 66125/2010 000620 STREATOR PIPE & SUPPLY 145915 66/2512010 000623 SUNSET NORTH CAIN WASH 145916 0612512010 007911 JACQUELINE THOMPSON 145917 0612512010 002370 TITAN INDUSTRIAL 145918 0612512010 006062 TRANSITIONS 145919 0612512010 002468 THE TRIBUNE 145920 0612512010 000653 DOROTHY TRUL 145921 0612512010 006551 UNITED STAFFING A 145922 0612512010 000822 US POSTMASTER 145923 06/25/2010 000660 USA BLUE BOOK 145924 06/25/2010 007912 JAVIER VALENTE 145925 0612512010 002137 VERIZON WIRELESS 145926 0612512010 007913 MELISSA WALDI AM 145927 0612512010 0006851 WALLACE GROUP A CALIF Status ClearNoid Date Invoice 06191 1156565.001 2234 061910 1641393 1041207 0617'10 2635190 061610 069826 06 1410 170299 06'1910 0874278855 0619'10 29797 29795 29950 20829 29949 29953 29792 29794 20789 29955 29957 29798 Inv. Date Amount Paid Check Total 06/19/2010 357.50 357.50 06/04/2010 2. 22. 30 0513112010 95.39 95.39 0611912010 30.00 36.00 0611 712010 1 60.03 0610412010 147.90 307.93 06/1712010 52278.18 52,276. 0611412010 180.00 180.00 06118/2010 76.80 76.80 06/16/2010 1,053.20 1,053.20 06/14/2010 88.00 88.00 06/14/2010 010 64.9 # 64.91 06/1912010 225.00 225.00 05/26/2010 11.33 11.33 0611 912010 30.00 30-00 5/05/2010 9 05/0512010 6 0610612010 6,381-56 0511012010 2,119.50 0610812010 1,455.92 0610812010 1 0510512010 913.00 05/0512010 687.75 0510512010 376.00 0610812010 345.00 0610812010 345.00 0510512010 237.75 Page: 1 ap kHist Che History Listing P 16 07!0112010 : 8AM CITY OF ARROYO GRANDE Bank code: boa Ch # Date Vendor Status ClearNoid [date Invoice Inv. [date Amount Paid Check Tota D t� c� CL 0 U3 c� �F 000 145928 06/25/2010 007599 SYSTEMS 145929 0612512010 992319 SHERRY 1EESTER 145930 0812512010 007914 LORI 1ERT 1 45931 0612512010 000689 VILEST PAYMENT CENTER 145932 0612512010 007927 SHIRLEY 1 ILLM TT 145933 0612512010 000704 WITMER-TYSON IMPORTS 145937 0612912010 007919 CHARLES & CATHERINE 145938 0612912010 007917 PHILIP DEIHLER 145939 0612912010 007916 A.J. DERAAD 145940 0612912010 007921 EUGENE GALPERIN 145941 06129/2010 007920 DANIEL GALE 145942 0612912010 007922 CAROL HN 145943 0612912010 007918 C NNIE MARTIN 29951 29952 29956 29963 29787 29959 29954 29909 29988 29796 29948 29790 29791 0129 0'11410128 0'11210126 rf, T lf, 061910 820723553 002310 T7982 Re f 000103821 R e f0001038'19 fO 00 103 1 Ref000103823 Ref000103822 Ref000103824 Re000103820 06/08/2010 06108/2010 06/08/2010 06/25/2010 0510512010 0610812010 0610812010 06108/2010 06/0812010 0510512010 0610812010 0510512010 051051201 0513112010 0612212010 0612212010 0611 912010 0611912010 06/01 12010 0612312010 0610412010 0612312010 0612312010 0612312010 0612312010 0612312010 06/2312010 0612312010 172. 172.50 172.50 158.13 1 35.00 1 35.00 103.50 103.50 69.00 67.50 55.20 33.75 33.75 3,620.05 2,442.62 1, 530.38 30.00 30.00 157.00 90.00 400.00 50.85 45.25 1'12.65 65.28 129.43 181.8'1 32.58 32 # 336.59 7 1 593-05 80.00 80.00 157.50 90.00 400.00 80.85 45.28 112.60 65.23 129.43 13'1.81 32.88 Page: 16 apCkHist Check History Listing P 17 0710112010 9:38AM CITY OF ARROYO GRANDE Bark code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Taal 145944 06/2912010 007923 BROOKE SC H N E I D E R R f 9010 3825 06/23/2010 1 26.09 1 26.09 b Tota 11: 1 00, 1. 1 D t� c� CL 0 c� �00 243 checks in this report Total Checks: 3, 00J81.91 Page: 1 ATTACHMENT 2 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD /28/2010 - /1 0/2010 06118/10 FUND 010 362 5101 Salaries Full time 191 FUND 220 16 5192 salaries Part- Tirane - PPT 17 FUND 226 1,885.91 5103 Salaries Part -Tire - TPT 15,339.97 FUND 234 2,237.43 5105 Salaries OverTlme 13,497.93 FUND 235 1 5107 Salaries Standby 353.50 FIND 512 0,479.19 5105 Holiday Pay 15,400.63 FUND 040 19,740.80 5109 Sick Pay 3,851.63 409 5110 Annual Leave Buyback - 51 11 Vacation Buyback - 5112 Sick Leave Buyback - 5113 Vacation Pay 7 -95 5114 Comp Pay 840.83 5115 Annual Leave Pay 51207.83 5121 PERS Retirement 71 r 121.72 5122 Social Security 19,132.62 5123 PARS Retirement 457.81 5128 State Disability Ins. 1,240.79 5127 Deferred Compensation 735.59 5131 Health Insurance 38 5132 Dental Insurance 4,204.95 5133 Vision Insurance 1 5134 Life Insurance 545.51 5135 Long Terra Disability 933.53 5143 Uniform Allowance - 5144 Carr Allowance 575.00 5145 Council Expense - 5147 Employee Assistance 202.54 5143 Boot Allowance - 5149 Motor Pay 150.00 5150 Bi- Lingual Pay 125.00 5151 Cell Phone Allowance 327.50 400, 873.93 Agenda Item 8.a. Page 20 MINUTES REGULAR MEETING of THE CITY COUNCIL TUESDAY, .TIE 8 201 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL To ORDER Mayor Ferrara called the Regular City Council meeting to order at :01 p.m. 2 . ROLL CALL City Council: Council Member .doe Costello, Council Member Chuck Fellows, Council Member Caren Ray, Mayor Pro Tern Jim Guthrie and Mayor Tony Ferrara were present. City Staff~ Present: City Manager Steven Adams, City Attorney Tina Carmel, Director of Legislative and Information Services /city clerk belly Wetmore, Fire Chief Mike Hubert, Building official John Hurst, Assistant City Engineer (like Linn, and Director of Community Development Teresa McClish. 3 . FLAG SALUTE Members of Arroyo Grande Police Department Explorer Post 542 led the Flag Salute. 4 . INVOCATION Father Ken Brown, St. Patrick's Catholic Church, delivered the invocation. 5 . SPECIAL PRESENTATIONS None. 8. AGENDA REVIEW 6.a. ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Term Guthrie 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' INPUT, COMMENTS, AND SUGGESTIONS Kevin Rice expressed concerns about the Council's selection of its new Council Member. 8. CONSENT AGEND Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received . Council Member Fellows requested that Item 8.d. (Award of Contract to Central Coast Fence, Inc. for Construction of the Soto Pond No. 1 Fence Replacement Project) be pulled. Action: Council Member Fellows moved, and Mayor Pro Tenn Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.e., with the exception of Item 8.d., with the recommended courses of action. The motion parsed on the following roll -call vote: AIDES; Fellow, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None Agenda Item 8.b. Page 1 M m t e : C ity Count 1 Meeting Tuesday, June 8. 2070 Page 2 8.a. Cash Disbursement Ratification. Recommended Action: Ratified the listing of cash disbursements for the period May 16, 2010 through May 31, 2010. 8.b. Consideration f Approval of Minutes. Recommended Acton. Approved the minutes of the Special and Regular City Council Meetings of May 28, 2010, as submitted. 8.c. Consideration f Resolutions for the 2010 General Municipal Election. Recommended mmended Action: Adopted Resolution NO. 4282 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE MELD ON T[ ESDA , NOVEMBER EMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY'; 2 Adopted Resolution N . 4283 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING THE BOARD OF SUPERVISORS ISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, WITH THE S TA TE WIDE GENERAL ELECTION TO BE MELD ON THE SAME DA TE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE'; and 3 Adopted Resolution No. 4284 as follows: "A RESOLUTION TION OF THE CITY COUNCIL. OF THE CITY OF ARROYO GRANDE ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON T# ESDA , NOVEMBER 2. 201 " 8.e. Consideration of Adoption Of an Ordinance Adding Chapter 9.2 Entitled "Proximit Restrictions t Children's Facilities for Registered sec Offenders" to the Arroyo Grande Municipal Code. Recommended mmended Action: Adopted an Ordinance as follows: "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 MUNICIPAL COLE "'. ITEMS PULLED FROM THE CONSENT AGENDA 8.d. Consideration of an Award of Contract to Central Coast Fence, Inc. for Construction of the Soto Pond No. 1 Fence Replacement ement Project, PW 2010-06. Recommended Action. 1 Award a contract for the Soto Pond No. 1 Fence Replacement ement Project to Central Coast Fence, Inc. in the amount of $33,181.40; 2 Authorize the City Ma to a pp rove change Orders for 10% of the contract amount, $8,81 5.00, for unanticipated costs during the construction phase of the project; 3 Find that the subject project is categorically exempt from CE QA pursuant to Section 15303(d); Approve transfer of $30,873.00 remaining from the Soto Sports Complex Draining Pumps and Piping project; Approve transfer of $9,327.00 of unused Park Improvement Funds that were carried over from the V illage Green Improvement Project; and 8 Direct the City Clerk to file a Notice of Exemption. Council Member Fello ws stated he had visited the site and noted the fence is in good condition and functional, the posts are in good shape, the fabric of the chain link i not the most attractive; however, it has very little rust; acknowledged that some of the barbed wire is failing and needs to be replaced; and stated he did not see a need for spending $40,000 to move and replace the fence. He stated the barbed wire could be removed and staff could repair the remaining areas. Agenda Item 8.b. Page 2 Minutes: City Council Meeting Page Tuesday, June 8, 2090 Mayor Pro Tern Guthrie inquired about the status of temporary banners in the city, and also expressed concern that unused funds for projects are sitting in accounts after projects are complete. He inquired whether unused funds could be transferred or moved bank to the enterprise funds and would like to see a policy created to address this. He also expressed concern about spending money to replace the fence; however, he recognized it is unattractive. city !Manager Adams explained that the issue regarding placement and display of temporary banners would be corning back to the council for consideration in August, and further responded to concerns expressed about the existing painted chain link fence as it relates to the proposed project, and how the project is budgeted. Council Member Ray also inquired about the funds that would be left in the Park Improvement Fund and requested clarification. Assistant city Engineer Linn clarified that the city received $150,000 from the Parkside development project which was specifically earmarked for improvement of the three major drainage facilities in that area. He explained than this was the fourth and last in a series of projects that were identified for use of the funds; that city staff had done most of the wort ire -house on the other projects which resulted in major cost savings; and that this was the last project to beautify the area and make it look more like a park. Further council discussion and comments concerning the fence replacement ensued; that it would be consistent with the look around other drainage basins in the city; that this fence had been identified by the America In Bloom judges as needing repair; that the fence would be moved back and a landscape border added; and that the replacement project would address existing liability and safety issues. In response to a question regarding barbed wire on top of the fence city Manager Adams explained that there would not be barbed wire on top of the fence; however, the area would be appropriately signed to discourage access into the basin as recommended by the city's insurance administrator. In response to additional budget questions, Assistant city Engineer further clarified that the funds for this project cannot be used on any other project and that it was specifically for this drainage area. Council Member Fellows suggested that instead of spending the money on this project that staff bring back cost estimates to repair the fence council Member Fellows moved that instead of spending the $40,000 projected cost on removing a serviceable fence that needs some repair, that staff~ bring back the costs to repair the very small areas of chain link fence that have been pushed down, which is about 12 feet out of approximately 1,600 feet. council Member Costello asked if that would include the costs involved in moving the fence back three feet and grading. council Member Fellows said that he would not mind that because it would allow the grading if the fence is taken out. The motion failed due to lack of a second. Agenda Item 8.b. Page 3 Minutes: City Council Meeting Page Tuesday, June 8, 2070 Action: Mayor Pro Tern Guthrie moved to approve staff's recommendations with the additional provision that the remaining unexpended funds from the village Green project be transferred back to the Park Improvement Fund. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Flay, Ferrara NOES: Fellows ABSENT. None g. PUBLIC HEARINGS g.a. Consideration f Five Cities Fire .Joint Powers Authority. City 'Manager Adams and Fire Chief Hubert presented the staff report and recommended the Council: 1 Approve a Joint Exercise of Powers Agreement "Agreement" with the City of Grover Beach and Oceano Community Services District OCSD to form a Five Cities Fire Joint Powers Authority JPA; 2 Adopt a Resolution approving the FY 2010-11 Annual Budget for the JPA; 3 Adopt a Resolution olution approving the Memorandum of Understanding MOU with the International Association of Fire Fighters Local 4403; 4 Appoint a Board Member to the JPA Board of Directors and an alternate; Direct staff to request a proposal from the City of San Luis Obispo for contract police and fire dispatch services and continue to work on recommendations for a joint dispatch operation for Arroyo Grande, Grover Beach and OCSD. Council questions ensued regarding the Agreement's termination clause; the cost percentage between the cities and clarification that the costs will be reviewed annually; status of discussion with the City of San Luis Obispo regarding joint dispatch operations; c oncern that the proposed budget for gas and oil may be too low; clarification that each agency's operational budget was reviewed in order to provide estimates for the Fire JPA budget and that they may need adjustments; the Board meeting schedule which would be established at the fiat meeting following the July 9 1h start date; the Board Secretary position which would be the Chief's current Executive Secretary; c onfirmation that a quorum would constitute all three Board Members in order to conduct meetings and do business; clarification concerning legal services to the Fire JPA; and whether there would be any attempt to standardize ordinances for various issues such as weed abatement and fireworks. Mayor Ferrara opened the public hearing. Jinn Hill, OCSD President, spoke in support of the formation of the Five Cities Fire Joint Powers Authority. F affaele Monternurro, OCSD General Manager, spoke in support of the formation of the Five Cities Fire Joint Powers Authority. Terry Fibich Arroyo Grande resident and former Arroyo Grande and Grover Beach Fire Chief, spoke in support of the formation of the Five Cities Fire ,Joint Powers Authority. PJ Fer-guson President of the Local 4403, spoke in support of the formation of the Five Cities Fire Joint Powers Authority. John Keen, N. Elm Street, spoke In support of the formation of the Five Cities Fire Joint Powers Authority. He requested the Council keep 'item #5 separate and stated that the 'issue regarding joint dispatch services needs to come back for further evaluation. Agenda Item 8.b. Page 4 M m es: City Council Meeting Pepe Tuesday, June 8, 2010 Hearing no further comments, Mayor Ferrara closed the public hearing. Council comments ensued in support of the ,Joint Powers Agreement with the City of Grover Beach and OCSD to form a Five Cities Fire Joint Powers Authority; and support to continue reviewing options for joint dispatch services. Action: Council Member Costello moved to approve a Joint Exercise of Powers Agreement with the City of Grover Beach and oceano Community services District OCSD to form a Five Cities Fire .point Powers Authority (JPA). Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Costello, Fellows, Flay, Guthrie, Ferrara NOES: None ABSENT: T: None Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION DF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2010-11 [ DGET FOR THE FIVE CITIES FIRE JOINT POWERS ER AUTHORITY". Mayor Pro Tenn Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Flay, Ferrara NOES: None ABSENT: None Action: council Member Costello moved to adopt a Resolution as follows: ` "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A SALARY AND BENEFIT PROGRAM FOR EMPLOYEES REPRESENTED TED JAY THE INT"ERNA TIONA L ASSOCIATION OF FIRE FIGHTERS LOCAL 4403 FOR THE FIVE CITIES FIRE JOINT T POWERS AUTHORITY ADD REPEALING THOSE SECTIONS OF RESOLUTION TIO NO. 4263 ADOPTED ON MARCH , 2070 IMPACTING SAID EMPLOYEES"'. Council Member Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Flay, Fellows, Guthrie, Ferrara NOES: None ABSENT: None Action: Mayor Pro Term Guthrie moved to appoint Council Member Costello to the JPA Board of Directors and Mayor Ferrara as the alternate. Council Member Ray seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Flay, Fellows, Costello, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to direct staff to request a proposal from the City of San Luis Obispo for contract police and fire dispatch services and continue to work on recommendations for a joint dispatch operation for Arroyo Grande, Grover Beach and 0CSD. Agenda Item 8.b. Page 5 M inutes: C ity Co uncH Meeting Page Tuesday, June 8. 2070 Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Costello, Fellows, Flay, Guthrie, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 8:28 p.m. The Council reconvened at 8. p.m. 10. CONTINUED BUSINESS ITEMS 10.a. consideration of Updated Analysis of later supply and usage. City Manager Adams presented the staff report and recommended the Council: 1 Continue efforts to purchase temporary Lopez water from the .City of Pismo Beach and/or the oceano Community Services District OCSD if a temporary emergency purchase of State water can be obtained from those jurisdictions; 2 Direct staff to prepare modifications to the Municipal Code to permanently establish existing mandatory conservation measures; 3 Direct staff to begin funding the half-time Water Conservation coordinator position in the Water Fund rather than Water Neutralization Fund when the next rate structure is prepared; Authorize staff to offer financial incentives to pay % of the costs of water efficiency measures identified in the water audits of major users; 6 Direct staff to continue to work with neighboring Jurisdictions on recycled water alternatives, determine cost of obtaining use of the Conoco Phillips pipeline for recycled water, and establish communications with agricultural property owners regarding use o f recycled water; 6 Direct staff to prepare a Resolution increasing Neater Neutralization fees so that development impact fees will cover the full estimated capital costs of acquiring State water; Appropriate $26,000 from the Water Fund to develop a public education program regarding the status of the City's water supply and proposed measures to provide adequate long -terra supply; and 8 Direct staff to plan for preparation of a ballot measure at the June 2012 election to enable purchase of up to 450 acre feet of State water if a conditional purchase can be negotiated successfully with the County and Central coast water Authority. Steve Tanaka, Wallace Group, gage a presentation entitled `Secondary Recycled water Options to Augment Water Supply' Council questions ensued regarding the proposed funding to develop a public education program, how the amount of $25,000 was determined, and what the program would include; what a proposed ballot measure would look like; why ConocoPhillips wound not provide an estimated pace for obtaining use of its pipeline for recycled water; what quantity of water is required to be pumped to keep s eawater intrusion at bay; clarification regarding State water drought insurance and/or drought buffer costs; and comparison of seawater desalination to indirect potable reuse /recycled water as it relates to energy consumption. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. John Keen, N. Elan Street, spoke about residential and landscape water conservation efforts and suggested that the water rates be reviewed again. Agenda Item 8.b. Page 6 Minutes: City Council Meeting Page 7 Tuesday, June 8, 2070 Steve Ross, Garden street, also spoke about grater conservation efforts and his reduction of water use; however, he expressed concern that the tiered rate system is causing him to pay more. He further spoke about the use of recycled water. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Council comments ensued in support of staff's recommendations; that there are no easy solutions to getting more water; acknowledgement that water conservation efforts must continue; concern that there may be a perception that the proposal might cause more growth; concern about how the $25,000 for a proposed educational program would be spent; acknowledgement that the City has been working on both long and short term water supply strategies and is not looking to lock into any one option now; support for public education efforts; support for updating the Municipal Code to permanently establish existing mandatory conservation measures; that the tiered rate structure is in its first year of implementation and each year thereafter should result in savings; some concern about offering financial incentives to pay 75% of the costs of water efficiency measures identified in the water audits of major users; than the use of the ConocoPhillips pipeline may be the best solution; use of tertiary treated water on agricultural lands; a request to staff to provide an outline of what would be included in the public education effort for $25,000; than the City will need to continue to seek funding sources, including grants; and that there is a need for a raid to long terra strategy to focus on public education not only on the state water issue, but all w ater issues. Action: Mayor Pro Tern Guthrie moved to: 1 Continue efforts to purchase temporary Lopez water from the City of Pismo Beach and/or the O ceano Community services District CSD) if a temporary emergency purchase of state grater can be obtained from those jurisdictions; 2 Direct staff to prepare modifications to the Municipal Code to permanently establish existing mandatory conservation measures; 8 Direct staff to begin funding the half -time Water Conservation Coordinator position in the Water Fund rather than Water Neutralization Fund when the net rate structure is prepared; Authorize staff to offer financial incentives to pay 75% of the costs of water efficiency measures identified in the water aud its of major users; Direct staff to continue to work with neighboring jurisdictions on recycled grater alternatives, determine cost of obtaining use of the Conoco Phillips pipeline for recycled water, and establish communications with agricultural property owners regarding use of recycled water; 8 Direct staff to prepare a Resolution increasing Water Neutralization fees so that development impact fees will cover the full estimated capital costs of acquiring state water; 7 Appropriate $25,000 from the Water Fund to develop a public education program regarding the status of the City's water supply and proposed measures to provide adequate long- terra supply; and bring back the proposed program /plan and contract proposal on a future Agenda for con and final approval; and 8 Direct staff to plan for preparation of a ballot measure at the June 2012 election to enable purchase of up to 450 acre feet of state water if a conditional purchase can be negotiated successfully with the County and Central Coast eater Authority. Council Member Costello seconded, and the motion passed on the following roll call vote: AIDES: Guthrie, Costello, Fellows, Flay, Ferrara NOES: None ABSENT: None Agenda Item 8.b. Page 7 finutes: City Council Meeting Tuesday, .lure 8, 2070 Page 8 11. NEW BUSINESS ITEMS I I.a. Consideration f Ballot Measures for Appointive city clerk and city Treasurer. City Manager Adams presented the staff report and recommended the council: 1 Direct staff to present a resolution on the June 22, 2010 agenda for consideration to place two measures on the November 2nd ballot asking voters to make the city clerk and city Treasurer appointive positions; 2 Provide comments on the draft ballot measures and ballot arguments; and If approved by a majority of voters direct staff to place on a future agenda an ordinance for consideration to delegate appointment authority to the City Manager. In response to concerns expressed by Council Member Fellows about the appointment process a s it relates to lack of public or council input, City Manager Adams explained the current hiring process for department directors, that the process is flexible, and council has been involved and provided input about the process in the past. city Manager Adams noted that for the Police Chief position, he makes the final hiring decision; however, the appointment is required to be confirmed by the Council. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no comments, he closed the public comment period. Council comments ensued in support of the proposed ballot measures; acknowledgment that the positions have evolved beyond what the electoral process originally intended; that these are very technical positions now; that future recruitments should have some council input; clarification regarding current hiring practices; that ultimately, the council is ultimately the approving body of any budget and expenditures that the Treasurer would be overseeing; support for the city Manager to have the hiring authority; recognition that the city clerk is a department director position; clarification that having a city Treasurer position is a statutory requirement pursuant to state law; that the current structure and process is good now and this action to make the positions appointive is long overdue; support for the proposed ballot measures with a suggestion to balance the qualifications as well as the financial impacts; that future recruitments for the positions should have some council input; that the proposed arguments in favor should focus equally on necessary qualifications as well as the financial aspect. Action: council Member Costello moved to direct staff to present a Resolution on the June 22, 2010 agenda for consideration to plane two measures on the November 2, 2010 ballot asking voters to make the City cleric and city Treasurer appointive positions. Mayor Pro Tern Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Flay, Ferrara NOES: None ABSENT: None Action* Council Member Costello moved that the draft ballot measures and arguments as presented are acceptable; however, staff was directed to continue to work on the arguments to incorporate council comments into the ballot arguments; and further, if approved by a majority of voters, direct staff to plane on a future agenda an ordinance for consideration to delegate Agenda Item 8.b. Page 8 M inutes: : city Council Meeting Page Tuesday, June 8, 2010 appointment authority to the city Manager. council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Costello, Fellows, Guthrie, Ray, Ferrara NOES; None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER EF ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Ray thanked all the department directors for meeting with her last week and recognized the outstanding job everyone is doing running their departments. 15. STAFF COMMUNICATIONS City Manager Adams thanked council Member flay for her flexibility in scheduling all the various meetings with himself and the department directors. 16. COMMUNITY COMMENTS TS AND SUGGESTIONS Colleen Martin, olive Street, invited the council to attend the Lucia Mar Unified School District Board Meting on June 15 th at :00 p.m. at which time the Board would recognize the individuals who recently came to the rescue of a local girl during an violent attack; and then expressed concern about the city's political sign ordinance and the fact that it is not being enforced. Steve loss, Garden Street, commented on Item 11.a. (Consideration of Ballot Measures for Appointive city clerk and city Treasurer) and stated the City should have a Plan B in place if the ballot measures do not pass; and suggested an ordinance be drafted that requires certain qualifications of a City clerk and city Treasurer. He also referred to Item 8.d. (Soto Pond No. 1 Fence Replacement Project) and commented that the problems appear to be caused by people climbing over the fence. 17. ADJOURNMENT MENT Mayor Ferrara ad journed the meeting at 10:20 p.m. Tony Ferrara, Mayor ATTEST, Kelly Wetmore, ore, city Clem (Approved at CC Mtg ) Agenda Item 8.b. Page 9 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, .JUNE 22, COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor /Chair Ferrara called the Regular City Council meeting to order at 7:04 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member Caren Ray, Council /Board Member Chuck Fellows, Council /Board Member Joe Costello, Mayor Pro TemNlce Chair Jim Guthrie, and Mayor /Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information services /City Clerk Kelly Wetmore, Chief of Police Steve Annibali, and Community Development Director Teresa I1cClih. 3 . FLAG SALUTE Bob Lund, representing the Arroyo Grande Village Improvement Association, led the Flag Salute. 4 . INVOCATION Dr. Mayer Harnish., Bahai Faith, delivered the invocation. 5 . SPECIAL PRESENTATIONS 5.a. Presentation of Mayor's Commendations Recognizing Several Individuals for Bravery and Unselfish Community Involvement Mayor Ferrara presented Mayor's Commendations recognizing James Brown, Salvadore Mendoza, Janes ding, Steven Mis amore, and Kevin Tobon for bravery and unselfish community involvement by corning to the aid of a 1 -gear old female who had been violently attacked and by preventing the possible escape of a dangerous and violent suspect. James Broom, salvadore Mendoza, and .dames Ding accepted their Commendations; Alysa Mi samore accepted on behalf of her father, Steven 1i sarnore; and Kevin Tobon was not present; however, Mayor Ferrara stated his Commendation would be forwarded. 0. AGENDA REVIEW 8.ar. Ordinances Read in Title Only. Council /Board Member Costello moved, Mayor Pro TemNlce Chair Guthrie seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Patter Welsh Pradera Ct, expressed frustration about unsuccessful attempts to contact the City Manager to make an appointment with him regarding the status of the Neighborhood Services (cede enforcement ) position and the lack of a parking enforcement position. she also expressed concerns that the City spent over $20,000 to re-do the cros in the Village because it was the wrong color; that the city is not currently utilizing the space at 910 West Branch that was donated to the Police Department and does not cost the City any money. Agenda Item 8.b. Page 10 J1 inutes: City CouncillRedevelopment Agency Meeting Tuesday, June 22, 2070 8. CONSENT AGENDA Page Mayor /Chair Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. Mike McConville, E. Branch Street, referred to Item 8.f. (Acceptance of the City Hall Parking Lot and Eio wale Improvements) and commented that he did not think that it is a true bio wale; however, he better understands the project and its intended use. He also referred to Item 8.11. (Response to the San Luis Obispo County Grand Jury Report on Leaf Blower Hazards) stating that 20 cities have banned leaf blowers, and provided the City Clerk with information for the Council showing that leaf blowers are hazardous to health and requested further research be done on the matter and to not wait until December to see what the County is doing. Susan Flores, E. Branch Street, also referred to Item 8.h. and commented on other issues concerning leaf blower hazards including other landscape maintenance methods; enforceability through citizen complaints; that gardeners are not forced out of business; that noise concerns should also be consid that leaf blowers can damage gardens and plants; that many cities throughout California have banned leaf blowers; and complained that homes on all sides of her house are using leaf blowers. Patty Welsh Pradera Court, stated she previously lived in a City than banned gas blowers and supported the use of electric leaf blowers. Upon hearing no further comments, Mayor /Chair Ferrara closed the public comment period. Council Member Costello requested Item 8.h. be pulled. Mayor Pro TemNiee Chair Guthrie requested Item 8.f. be pulled. Action: Council /Board Member Costello moved, and Council /Board Member Fellows seconded the motion to approve the Consent Agenda Items, with the exception of Items 8.f. and 8.h., with the recommended courses o f action. The motion passed on the following roll -call vote: AYES: Costello, Fellows, Ray, Guthrie, Ferrara NOES: None ABSENT: Nome 8.a. Cash Disbursement Ratification. Action. Approved the listing of cash disbursements to vendors for the period 06/01/10 through 06/15/10. 8.b. Statement of Investment Deposits. Action: received and filed the report of current investment deposits as of May 81, 2010. 8.0. Consideration of Confirmation of Assessments for Tracts 1158, 1789, 2310, and 2238. A ction: 1 Adopted Resolution olution No. 4287 as follows. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING LANDSCAPING A sEssm T FGR TRACT 158; 2 Adopted Resolution olution o. 4288 as follows: " RESOLUTION OF THE CITY COUNCIL GF THE CITY OF ARROYO GRANDE CONFIRMING LANDSCAPING AND LIGHTING ASSESSMENT FOR TRACT 1769; 8 Adopted Resolution olution No. 4289 as follows: "A RESOLUTION F THE CITY COUNCIL Agenda Item 8.b. Page 11 Minutes. City CouncillRedevelopment Agency Meeting Page Tuesday, .June 22, 201 OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE PARK SIDE DE 1 A GE ASSESSMENT DISTRICT (TRACT 2310); and 4 Adopted Resolution olution No. 4290 as follows: " "A RESOLUTION OF THE CITY COUNCIL C L GF THE CITY OF A RRO YG GRANDE CONFIRMING THE A SSESSME TS FOR THE GRACE LANE A SSESSMEN T DIS TRIC T (TRA C T 2236). 8.d. Consideration of a Resolution Authorizing the Deposit of City Funds in Various Financial I nstituti n. Action: Adopted Resolution olution No. 4291 as follows: "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE DEPOSIT OF CITY FUNDS IN VARIOUS FINANCIAL INSTITUTI NS'F 8.e. Consideration of Approval of Final Parcel Map A 09-0101; Subdividing an Existing 7.25 Acre Parcel into a 0.88 Acre Parcel and a 6.37 Acre Parcel Located at 1170 West Branch Street. Action: Approved Final Parcel Map AG 09-0101 , subdividing an existing 7.25 acre parcel into a 0.88 acre parcel and a 6.37 acre parcel located at 1170 vet Branch Street. 8.g. Consideration of Resolutions Approving a Property Conveyance Agreement for Acquisition of the Pearrwood Hills Property from the City to the Redevelopment pment Agency. [CCIRDA] Action: 1 [Council]: Adopted Resolution olution Ne. 4292 as follows- "" RESOLUTION OF THE CITY COUNCIL NCIL F THE CITY OF ARROYO GRANDE APPROVING A PROPERTY CONVEYANCE AGREEMENT BET EEC THE CITY AND THE ARROYO GRANDE REDEVELOPMENT AGENCY TO EFFECT THE SALE TO., AND PURCHASE BY , THE AGENCY OF APPROXIMATELY 7.1 ACRES OF CIT - GDINED PROPERTY COMMONLY KNOWN AS THE PEARMIDGD HILLS PROPERTY; 2 [RDA Board): Adopted Resolution olution No. RDA 10 -02 as follows: ` "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING A PROPERTY CONVEYANCE ANCE AGREEMENT BETWEEN EEN THE AGENCY AND THE CITY OF ARROYO GRANDE TO EFFECT THE SALE TG, AND PURCHASE BY, THE AGENCY OF APPROXIMATELY .1 ACRES OF CITY- OWNED PROPERTY COMMONLY KNOWN AS THE PEAR WOOD DOD MILLS PROPERTY; and 3 Adopted Resolution olution No. RDA 10-03 as fellows: "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY A UTHORIZING THE AGENCY CHAIR TO ACCEPT AND CONSENT TO RECORDATION OF DEEDS AND GRANTS TO TIME ARROYO RA ODE REDEVELOPMENT AGENCY PURSUANT T GOVERNMENT ENT CODE SECTION 27281. ITEMS PULLED FROM THE CONSE NT AGENDA 8.f. Consideration of Acceptance of the City Hall Parking Lot & Bi s vale Improvements and the Crown Hill and Corbett Canyon Road Sidewalk Improvements Project, PW 2008 -A. 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 & Bloswale Improvements and the Crown Hill & Corbett Canyon Road Sidewalk Improvements, Pl11 2008 -07A; 2 Direct staff to file a Notice of Completion; and Agenda Item 8.b. Page 12 Minutes: City Coon illRedevelo meat Agency Meeting Tuesday, June 22, 2010 Page 3 Authorize release of the retention, thirty -five 3 days after the Notice of Completion has been recorded, if no liens have been filed. Council Member Fellows commented on the bioswale and expressed concern that the landscaping is still lacking; and suggested that a collar be put on the drain so that water could sit a foot deep and then if there were more water, it could flow down into the creek. He said if these concerns were addressed, then it would be a much better bioswale. In response to a question by Council Member Costello regarding the landscape contractor versus the general contractor as it relates to construction of the bioswale, Director Mcclish provided clarification that the general contractor had completed the project; however, staff had followed up with the landscaper /designer of the bioswale regarding the plant material and height of the drain. she stated it was verified that the plant material in the bioswale was comparable the material in the plan; however staff noticed some area of the bioswale is lacking of plant materials and it is proposed to add more plant material. She also stated that with regard to the raised drain, a collar was not recommended by the landscaper /designer due to the fact that water corning into the bioswale is surface drainage from the parking lot and comes into a filtered pipe into the drain. In response to farther concerns expressed by Council Member Fellows that the water is not fully contained and also about what goes into the creek, Director Mcelih indicated staff would seek another opinion on the drain. Mayor Ferrara acknowledged and understood the concerns; commented on the drainage bioswale at the Ikeda property on Branch Mill Road; that emphasis is placed on the filtering process; and suggested that the function of the bioswale be observed through the winter and then re-evaluated. Action Council Member Costello moved to approve item 8.f. as recommended. Council Member Fellows noted he could vote to approve as well, as long as it is noted that staff would do further research on raising the holding capacity. Mayor Pro Tern Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Costello, Guthrie, Fellows, Flay Ferrara NOES. None ABSENT: None 8.h. consideration of Response to the Baru Luis Obispo county Grand Jury Deport on Leaf Blower Hazards. Recommended Action: 1 Direct staff not to prepare an Ordinance at this time prohibiting two -cycle gasoline powered leaf blowers and restricting days and hours of operation allowed for leaf blower use; and 2 Approve the response to the San Luis Obispo County Jury Report on leaf blower hazards. Agenda Item 8.b. Page 13 minutes: City CouncillRedevelopment Agency Meeting Tuesday, .June ,, 2070 Page Council Member Costello acknowledged public comment on this issue; noted that apparent health issues are significant; noted he has been on the Air Pollution Control Board APCD which has dealt with gas powered lawn mowers and the program to replace them with electric mowers; referred to staffs recommendation that further action be postponed until December when the APCD takes action on the issue, and asked if there was any benefit to the City starting to move forward to study the issue now. City Manager Adams stated the biggest concern was the ability to enforce this, particularly on weekends. He stated since the APCD is the lead agency, he bel ieved it made sense to wait for their recommendations. He suggested than the proposed letter could be softened. Council Member Fellows agreed with public comment; agreed that the proposed language in the letter could be softened; that he would also like to see something started before December; suggested an article in the city newsletter; and referred to the Grand Jury's report which could be found on the San Luis Obispo Superior Court website. In response to a question by council Member Flay whether all the cities in the County had been contacted, City Manager Adams responded that all cities had been contacted and their respective Managers recommended waiting until December. Mayor Pro Tern Guthrie commented that there was an advantage in matching up with the APCD and it could be worth waiting to take action to adopt similar regulations; suggested that staff research other cities' ordinances and bring drafts forward for revie w. Mayor Ferrara agreed there was a need for additional information; potential outreach efforts; acknowledged concerns expressed about enforcement; that there is an issue of uniformity; and supported the interim use of time to conduct research. Council Member Fellows noted that according to the Grand Jury report, the city of San Luis Obispo currently has some restrictions on the use of gasoline po wered leaf blo wers. Action council Member Costello moved to approve staff's recommendations with the provisions that staff research the issue further and bring back information, and to soften the language in the letter to the Grand Jury. Council Member Fellows seconded the motion. Council Member Flay suggested that the council also direct staff to track what other jurisdictions are doing. The motion passed on the following roll -call vote: AYES: Costello, Fellows, flay, Guthrie, Ferrara NOBS: None ABSENT: None 9 . PUBLIC HEARINGS: None. Agenda Item 8.b. Page 14 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, June 2Z 209 10. CONTINUED BUSINESS: Page 10.a. consideration of Ballot Measures sure for Appointive city clerk and city Treasurer. City Manager Adams presented the staff report and recommended the council: 1 Adopt a Resolution ordering the submission to the qualified voters of the City measures relating to the City clerk and city Treasurer positions at the General Municipal Election to be held on Tuesday, November ber 2, 2010, as called by Resolution 4282; 2 Adopt a Resolution setting priorities for filing written arguments for city measures and directing the city Attorney to prepare an impartial analysis; 3 Adopt a resolution providing for the filing of rebuttal arguments for City measures submitted at municipal elections; Approve ballot arguments; 5 Approve the response to the San Luis Obispo county Grand Jury Report: `Electing city Treasurers and Clerks: Wise or Otherwise? if ; and 8 Appropriate $3,000 from the city's General Fund Balance for membership of the City Treasurer and Director of Administrative services in the California Municipal Treasurers Association and to attend a 3 -day training class in September in res ponse to recommendations of the Grand Jury. Mayor Ferran invited comments from those in the audience who wished to be heard on the matter. Patter Welsh Pradera court, spoke in support of the proposed ballot measures. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Council comments ensued in support of the proposed actions to place two measures on the November ballot regarding the city Clerk and City Treasurer positions. Action: Council Member Costello moved to adopt a resolution as follows: "A RESOLUTION TIO OF THE CITY COUNCIL. OF THE CITY OF ARROYO GRANDE ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY MEASURES RELATING TO THE CITY CLERIC AND LAITY TREASURER POSITIONS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, Y, NO EMBER Z 201 AS CALLED BY RESOLUTION 4282. Council Member Fellow seconded, and the motion passed on the following roll -call vote: AYES: Costello, Fellows, Ray, Guthrie, Ferran NOES: None ABSENT: None Action. Council Member Costello moved to adopt a Resolution ion a follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS ENTS REGA DID G A CITY MEASURE ADD DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. Council Member Ray seconded, and the motion passed on the following roll -call vote: AYES: Costello, Fury, Fellows, Guthrie, Ferrara NOES: None ABSENT: None Agenda Item 8.b. Page 15 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, ,June 22, 2010 Page Action: council Member Costello moved to adopt a Resolution as follows: "`A RESOLUTION F THE CITY CD i N CIL OF THE CITY of ARROYO GRANDE PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. s. council Member Flay seconded and the motion passed on the following roll -:all vote AYES: Costello, Ray, Fellows, Guthrie, Ferrara NOES: Bone ABSENT: None Action: Council Member Costello moved to approve the ballot arguments as presented. Council Member Fellows seconded, and the motion passed on the following roll -call vote: AYES: Costello, Fellows, Flay, Guthrie, Ferrara NOES: None ABSENT: Bone Action. Council Member Costello moved to approve the response to the San Luis Obispo County Grand Jury Report: "Electing City Treasurers and Clerks. Wise or otherwise?"; and to appropriate $3,000 from the City's General Fund Balance for membership of the City Treasurer and Director of Administrative Services in the California Municipal ipal Treasurers Association and to attend a 3 -day training class in September in response to recommendations of the Grand Juror. Council Member Fellows seconded, and the motion passed on the following roll -call vote: AYES. Costello, Fellows, flay, Guthrie, Ferrara NOES. None ABSENT. None 11. NEW BUSINESS. 1 1.a. Introduction of an ordinance Adding chapter 5.90 to Title 5 of the Arroyo Grande Municipal code Regarding Bingo and Remote to caller Bingo Games. Recreation and Maintenance Services Director Perrin presented the staff report and recommended that Council introduce an ordinance adding Chapter 5.90 to Title 5 of the Arroyo Grande Municipal Code related to bingo and remote caller bingo games. Council questions ensued regarding frequency of bingo games per organization; examples of non- profit organizations authorized to conduct bingo games; whether there is wisdom in limiting the number of bingo licenses in the city; and a bingo program in the City of Ontario from which the City may receive revenue. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Agenda Item 8.b. Page 16 i nu e : city CouncillRedevelopment Agency Meeting Tuesday, .lure 22, 2010 Page Mike McConville, E. Branch street, stated he had previous experience with bingo games in the 80's, that it can produce significant revenue, and spoke in support of the proposed Ordinance regarding bingo and remote caller bingo games. Upon hearing no further comments Mayor Ferrara closed the public comment period. Council comments ensued including support for the proposed ordinance to make bingo a legal activity in the city; acknowledgement that there would not be a lot of revenue from the permit fee; that the city could not necessarily rely on indirect funding from a non - profit organization; that any gains from bingo games should stay in the city but that the city cannot control that; and a suggestion to contact representatives from Ontario to see hove their program is run. Action: council Member Fellows moved to introduce an ordinance as follows: "`A1 ORDINANCE of THE CITY COUNCIL of THE CITY of ARROYO GRANDE ADDING CHAPTER 5.90 TO TITLE 5 of THE ARROYO GRANDE MUNICIPAL CODE REGARDING BINGO AND REMOTE CALLER BINGO GAMES 7. council Member R ay seconded, and the motion passed on the following roll call vote: AYES: Fellows, Flay, Costello, Guthrie, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 8: 15 p.m. The council reconvened at 8:22 p.m. 11.b. consideration of Approval of Fiscal Year 2009-10 Third Quarter/Budget Update Report. rt. [COUNCIL/RDA] Administrative services Director Kraetsch presented the staff report and recommended the Council/RDA Board: 1 Approve detailed budget adjustments listed in the 3 rd Quarter budget report; 2 .Approve schedule A and budget shortfall recommendations; and Approve requests for additional appropriations in the General Fund. Mayor /Chair Ferran invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council /Board Member Fellows thanked Director Kraetsch for the report; however, he stated he would be voting no because he does not support the proposed increase of $7,500 for the Centennial celebration (Plaza) or the transfer of $100,000 from the West Branch Street project to the Short street project. He noted that he supported all other budget recommendations. Further council /Board comments ensued in support of staff's recommendations; thanks to staff for efforts in controlling expenses; credit to the County for review and revision of the Animal Services contract; that the State is refusing to go through the same process that cities have been doing for gears to pare down costs; that the city has not been put in a position to dip into its reserves; optimism that business development in the city looks favorable; that the In - -oat Agenda Item 8.b. Page 17 Minutes: City CouncillRedevelo meat Agency Meeting Tuesday, June 2Z 2010 Page restaurant and Hampton Inn projects are moving forward; and belief that the centennial Celebration will be good for the community. Action: Council /Board Member Costello moved to: 1 Approve detailed budget adjustments listed in the 3 Quarter budget report; 2 Approve Schedule A and budget shortfall recommendations; and Approve requests for additional appropriations in the General Fund. Mayor Pro TemNi e chair Guthrie seconded, and the motion passed on the following roll call Grote: AYES. Costello, Guthrie, Flay, Ferrara NOES: Fellows ABSENT: None 11.o. consideration of Appointment of Noting Delegate and Alternate for the League of California Cities Annual Conference. City Manager Adams presented the staff report and recommended the council appoint one Council Member as the voting delegate and up to two council Members as the alternate voting delegates for the League of California cities Annual conference. Brief discussion ensued regarding upcoming attendance at the Annual conference and who had previously served as a voting Delegate and/or Alternate. Action: Mayor Ferrara moved to appoint council Member Fellows as the voting Delegate and Council Member Ray as the Alternate. council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Ferrara, Costello, Ray, Fellows, Guthrie NOES: None ABSENT: None 1 I.d. Review of council Appointments to Regional nal and Local Boards Commissions, Committees and Subcommittees. City clerk Wetmore presented the staff report and recommended the council review the current list of appointments to those regional and local boards, commissions, and committees with Council representation, make appointments to vacant positions, and approve reassignments as desired. The following appointments to regional boards, commissions, and committees were discussed, assigned, and /or reaffirmed: AGENCY South county Area Transit (SCAT) Staff Representative: city Manager PRIMARY Y LTEF NATE Jim Guthrie Chuck Fellows Agenda Item 8.b. Page 18 Minutes: City CouncillRedevelopment Agency Meeting Tuesday, June 22, 201 AGENCY PRIMARY ALTERNATE Council of Governments/ Tony Ferrara ,ice Costello Regional Transit Authority SL C G /IOTA) Staff Representative: entative: Public Works Director/ Community Development Director City selection Committee (Mayors) Tony Ferrara Joe Costello Staff Representative: entative: I t Applicable South San Luis Obispo County Tony Ferrara Jim Guthrie Sanitation District SSL CSD Staff Representative: I ct Applicable Integrated Waste Management Chuck Fellows .lira Guthrie Authority Board IWMA Staff R epresentative: community Development Director Zone 8 Water A dvisory Board Joe Costello Caren Flay Staff Representative: entative: Public Works Director County Water Resources chuck Fellows Jim Guthrie Advisory Committee VVI AC Staff Representative: Public Works Director Economic Vitality Corporation Caren Ray Jiro Guthrie (EVC) Staff Representative: entative: city Manager/ Economic Development Director Air Pollution Control District Joe Costello IA Board APDD Staff Representative: Not Applicable Community Action Partnership ,Jinn Guthrie chuck Fellow Staff Representative entative: Parks, Recreation and Facilities Director Page 1 California Tint Powers Insurance Caren Ray Staff Representative Authority CdPIA Staff Representative: entative: City tanager Human Resources Manager Fire Oversight Committee Joe Costello Tony Ferrara Staff Representative entative city Manager /Fire chief Agenda Item 8.b. Page 19 Minutes: city CounclllRedevelopment Agency Meeting Tuesday, June 22,, 2010 AGENCY PRIMARY MAF Y ALTERNATE Audit Committee Jim Guthrie Joe Costello Staff Representative: Financial Services Director Homeless services Coordinating Council Jim Guthrie Chuck Fellows Staff Representative: entative: City Manager Bris o /Halcyon Interchange subcommittee Tony Ferrara Joe Costello Staff Representative: Public Works Director Tourism Committee Jim Guthrie Caren Ray Staff Representative: Associate Planner; Pant, Recreation & Facilities Director Recreation reaction Center Subcommittee Tony Ferrara N/A Staff representative: City Manager/ Parks, Recreation and Facilities Director Page 11 Action: Council Member Costello moved to approve the appointments to the regional boards, commissions, and committees. Council Member Fellows seconded, and the motion passed unanimously by voice vote. 12. CITY COUNCIL REPORTS: (a) MAYOR TONY F E R Al A: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority SLOCOO SLOT TA . SLOCOG Board discussed transit funding for major projects; reported that the Santa Maria Bridge project is now 00% funded and will move forward; reported that the LO Osos Valley interchange project has been delayed for about 2 years; reported that the strategy for the Bri o /Harl yon Interchange project looks favorable. (2) south San Luis Obispo County sanitation District SSLOCS . The Board is currently going through the budget process and discussing strategies for water issues, specifically the recycled water issue, infrastructure changes at the Plant, and Other large projects. (3) B ris /Halcyon /Hwy 101 1 nterc harnge Project Subc mmittee. (4) Other. Shared letter received from City of Grover Beach regarding the Lopez Lake costs and Other water related issues and req uested copies be distributed to Council and the City Manager for review. (b) MAYOR PRO TEM JIM GUTHF IE: (1) South County Area Transit (SCAT). Has not met since the last report. (2) Community Action Partnership. No report. (3) Californian ,Joint Powers Insurance Authority C JPIA . No report. Agenda Item 8.b. Page 20 Minutes: city CouncillRedevelopment Agency fee ingr Tuesday, June 2Z 2040 Page ( 4 ) Homeless Services coordinating council HSoc. Considering three separate campuses to be located in North County, South County, and San Luis Obispo; discussed future funding efforts for ongoing operations of the three centers. (5) Economic Vitality corporation (EVC). Meets next Wednesday to roll out economic strategies based on clusters of existing businesses that have done well in the county and are trying to grog. (6) Tourism Committee. Did not attend meeting; however, the city and Chamber of Commerce are going to be participating in a Sunset Magazine event called "savor San Luis Obispo County" in October. (7) Other. None. (c) COUNCIL MEMBER ,ODE COSTELLO (1) Zone 3 Water Advisory Board. Has not met since the last report. (2) Air Pollution Control District (APCD). Has not met since the last report. (3) dire Oversight Committee. Has not met since the last report. (4) Children In Motion Subcommittee. Has not met since the last report. (5) Other. None. (d) COUNCIL MEMBER FELLOWS: (1) Integrated Haste Management Authority Board lWMA . Has not met since the last report. (2) county later Resources Advisory Committee (WRAC). . F eported Lopez Lake activity for the month of April regarding invasive Quagga mussel inspections and reported that no Quagga mussels have been detected to date; and reported that the Lake is at 63% capacity. (3) Other. None. (e) COUNCIL MEMBER RAY: {1} Other. None 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER CER ITEMS: Done. 15. COUNCIL COMMUNICATIONS: None. 1. STAFF COMMUNICATIONS: City Manager Adams announced the upcoming Tri- Cities Chamber of Commerce sho wcase mixer that the City would be participating in on Thursday, June 24 th ; gage an update on the City's Annual Pavement Management program; announced that a Request for Proposals ( R FP) was prepared and issued for lease of the city Hall building; and stated a "For Lease sign would be placed in front of city Hall. Agenda Item 8.b. Page 21 Minutes: City Councilll edevelopment Agency Meeting Tuesday, June 22,, 17. COMMUNITY UNITY COMME TS AND SUGGESTIONS: None. 18. ADJOURNMENT T Mayor/Chair Ferrara adjourned the meeting at 9:00 p.m. Tony Ferrara, Mayor/Chair ATTEST. Deily Wetmore, City Clerk/Agency Secretary (Approved at CC Mtg } Page Agenda Item 8.b. Page 22 0 ' INCORPORATE V 10, l q \40 R N �� MEMORANDUM To. CITY COUNCIL FROM: KELLY WET MORE �'4V DIRECT F LEGISLATIVE AND INF SERVICES /CITY CLERK SUBJECT: CONSIDERATION ATION F RESOLUTION ACCEPTING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD TUESDAY, JUNE 8 2010 DATE: JULY 13, 201 RECOMMENDATION: It is recommended the city council adopt the attached Resolution accepting the Certificate of the county clerk — results of canvass of all votes cast at the consolidated Special Election held J une 8, 2010 in the city of Arroyo Grande. FINANCIAL L IMPACT: There is no fiscal impact associated with the adoption of this Resolution. The City has not yet received an invoice from the county of San Luis Obispo for the costs to conduct the election; however, the county provided an estimate of $25,000 for the June 2010 Special Municipal Election. The funds will be transferred from the Police Department to the Legislative and Information Services budget. B ACKGROUND: O n January 26, 2010, the city council adopted Resolution No. 4243 determining the need for a new Police Station Facility and a Refinancing of the Fire Station Bonds. On February 9, 2010, the city council adopted Ordinance No. 620 calling and giving notice of a Special Municipal Election on dune 8, 2010 on the proposition of whether bonds shall be issued and sold to finance a new Police station and refinance the city's Fire Station bonds. ANALYSIS OF ISSUES: O n June 8, 2010 a special Election was held in the county of San Luis Obispo. Consolidated into that election was the Arroyo Grande special Municipal Election, for the purpose of a Bond Measure for a new Police Station facility. Voter registration for the city of Arroyo Grande at the time of the election was 11 7 01 3. The number of total ballots cast was 5 ,790 which resulted in a 5 2.6% voter turnout. The Agenda Item 8.c. Page 1 CITY COUNCIL RESOLUTION ACCEPTING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD TUESDAY, JUNE 8, 2010 JULY 13 201 PAGE 2 bond measure required two-thirds (66 .67%) voter approval to pass. Official results for Measure A-10 are as f IlDugs Yes No Measure A - 1 0 3 1 627 (65.07%) 1 (34.93% These results are just bel ow the required two-thirds voter ap proval needed to pass the measure. The county Clerk has conducted the official canvass of the returns of the votes cast in the election and has certified the results. Adoption of the attached Resolution will accept the county Clerk's Certificate of the official election results. ALTE The following alternatives are provided for the Councils consideration: Approve staffs recommendations; �- Do not approve staff's recommendations; o �- Provide direction to staff. ADVANTAGES: Adoption of the Resolution will ensure the city complies with State laver as it relates to the declaration and acceptance of election results. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of city Hall on Thursday, July 8, 2010 and on the City's v eb ite on Friday, duly 0, 20104 Agenda Item 8.c. Page 2 RESOLUTION No, A RESOLUTION of THE CITY COUNCIL of THE CITY OF ARROYO GRANDE ACCEPTING THE CERTIFICATE of THE COUNTY CLERK - RESULTS of CANVASS of ALL VOTES CAST AT THE JUNE 8� 2010 CONSOLIDATED SPECIAL MUNICIPAL ELECTION WHEREAS, a Consolidated Special Municipal Election was held in the City of Arroyo Grande, California,, on Tuesday, June 8, 2010 as required by law; and WHEREAS, included on the ballot for the City of Arroyo Grande Special Municipal Electron was a bond measure on the proposition of whether bonds shall be issued and sold to finance a new Police Station and refinance the city's Fire Station bonds; and WHEREAS, the results of the canvass of all votes cast at the Consolidated Special Municipal Election held on June 8, 2010, has been certified by the Counter Clerk- Recorder and is attached by this reference as Exhibit A and incorporated herein. Not, THEREFORE, BE IT RESOL by the City Council of the City of Arroyo Grande as follows: I . That the whole number of ballots cast in the city was ,,790. 2. That the Measure voted upon at the election was as follows: Measure A -10: Shall the City of Arroyo Grande fund construction of a new Police Station and refinance the 2008 Fire Station bonds by issuing 30-year bonds not to exceed $6,000,000 provided that the tax rate is maintained at or below the existing tax rate for the Fire Station Bonds and a portion of the bond payments will be paid by revenues from the 2006 Local Banes Tax Measure' 3. That the City Council does declare and determine that as ar result of the election: o Two-thirds of the voters did net rove Measure Aft1 ; 4 . That the City Council of the City of Arroyo Grande does hereby accept the Certificate of the County Clerk— Results of Canvass of All Motes Cast at the June 8 201 consolidated Special Municipal Election attached hereto as Exhibit A and incorporated herein by this reference. 5 . The City Clerk shall certify to the p and adoption of this Resolution and enter It into the Book of Original Resolutions. Agenda Item 8.c. Page 3 RESOLUTION N . PAGE 2 On motion by Council Member and on the following roll call Grote, to rrit: AYES: NOES, SENT: , seconded by Council Member The foregoing resolution was passed and adopted this 13 day of ,duly, 2010. Agenda Item 8.c. Page 4 RESOLUTION NO. PAGE 3 TONY F E IAIA, MAYO ATTEST: KELLY WETMOl E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CA MEL, CITY ATTORNEY Agenda Item 8.c. Page 5 EXHIBIT A CERTIFICATE of THE COUNTY CLERK RESULTS of CANVASS OF ALL VOTES CAST CITY OF ARROYO GRANDE MEASURE A -1 CONSOLIDATED PRIMARY ELECTION J UNE % 2010 I, JULIE L. RODEWALD, County Clerk-Recorder ecorder f the County of Sari Luis Obispo, do hereby certify that pursuant to later I did canvass the returns of the votes cast at the above referenced election in the City of Arroyo Grande on June 8, 2010, and that the Statement of Votes Cast, to which this certificate i attached, shows the number of rotes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein are full, true and correct. MEASURE A -10: Shall the City of Arroyo Grande fund construction of a new Police Station and refinance the 2003 Fire Station beads by Issuing -gear bonds not to exceed $6,000,000 provided that the tax rate is maintained at or below the existing to c rate for the Fire Station bonds and a portion of the bond payments will be paid b revenues from the 2006 Local Sales Tax Measure WITNESS, ray hand and Official Seal, this 21st day of June, 20 n JU L IE � DEILDnt cer- Recorder . Agenda Item 8.c. Page 6 Statem of Votes Cast Date:o /1911 CONSOLIDATED PRIMARY ELECTION Time: 13:10:5 1 Page: I of SVC For CITY O ARROYO GRANDE, All Counters, CITY OF ARROYO GRANDE FINAL OFFICIAL RESULTS tD � t�D M co �l 0 TURD OUT Reg. Voters Cards Cast % Turnout Jurisdiction Wide CON 403 -4 Polling 601 93 15.47 Absentee 601 254 42.26° Total 601 347 57,74 CON 404-50 Palling 1276 248 19.44 Absentee 1276 547 42.87 Total 1276 795 62.30 CON 405 -50 Polling 1415 238 16.82 Absentee 1415 555 39.22° Total 1415 793 56.04 CON 406-52 Polling 1203 191 15.88% Absentee 1203 444 36,91% Total 1203 635 52.78 CON 407 -51 Polling 1095 213 19.45 Absentee 1 095 465 42,47 Total 1095 678 61.92 CON 408 -2 Polling 871 159 1 8.25 ° Absentee 871 293 33.64° Total 871 452 51.89% CON 409 -49 Polling 1099 116 10,56° Absentee 1099 325 29,57% Total 1 099 441 40.13° CON 410 -53 Polling 1112 197 17.72 Absentee 1112 375 33.72 Total 1112 572 51.44% N 411 -53 Polling 1178 172 14.60% Absentee 1178 349 29.63 Total 1178 521 44.23 CON 412 -49 Polling 1163 178 15-31 Absentee 1163 378 32,50 Total 1163 556 47-81 Total Statement of Notes Cast Dat ; /1 /1 CONSOLIDATED PRIMARY ELECTION Time: 13: 10: 5 1 Pager of SOVC For CITY OF ARROYO GRANDE, All Counters, CITY OF ARROYO GRANDE FINAL OFFICIAL RESULTS tD CL 0) M0 rMIL M M 00 000 TURN OUT Reg. Voters Cards Cast % 11013 1805 Turnout 1639 Polling Absentee 11013 3985 36.1 810 Total 11013 5790 52.57% CONGRESSIONAL 22ND CONGRESSIONAL DISTRICT Polling 1 1013 1805 16.39% Absentee 1 1013 3985 36,18% Total 11013 5790 52.57% Total Polling 11013 1805 16.39% Absentee 11013 3985 36J8% Total 11013 5790 52.57% SENATE 15TH SENATORIAL DISTRICT" Polling 11013 1805 16.39% Absentee 11013 3985 36.18% Total 11013 5790 52-57% Total Polling 11 013 1 805 16,39% Absentee 11013 3985 36.18% Total 11013 5790 52.57% ASSEMBLY 33RD ASSEMBLY DISTRICT Polling 11013 1 805 1639% Absentee 11013 3985 36.18% Total 11013 5790 52.57% Total Palling 11013 1805 16.39% Absentee 11013 3985 36.18% Total 11013 5790 5157 BOARD OF EQUALIZATION STATE BOARD OF EQUALIZATION DIST 1 Polling 11013 1 805 1639 Absentee 11013 3985 36j8% Total 11013 5790 52.57% Total Palling 11013 1 805 16.39% Absentee 11013 3985 36.18% Statement of Votes Cast D t : /19/10 CONSOLIDATED PRIMARY ELECTION Time: :10:51 Pag of SVC For CITY OF ARROYO GRANDE, All Counters, CITY OF ARROYO GRANDE FINAL OFFICIAL RESULTS tD � t�D M 00 z`Jlk TURN OUT Reg. Voters Cards Cast % Turnout Total 11013 5790 52.57°/ SUPERVISOR/COMMISSIONE 4TH SUPLRVISRIAL DISTRICT Polling 11013 1805 16,39% Absentee 11013 3985 36.1 Total 11013 5790 52.57 Total Polling 11013 1805 16,39% Absentee 11013 3955 36,18 Total 11013 5790 52 CITIES CITY OF ARROYO GRANDE Polling 11013 1 805 16,39 Absentee 11013 3985 3618% Total 11013 5790 52.57° Total Polling 11013 1805 16,39° Absentee 11013 3985 36,18% Total 11013 5790 52.57 z`Jlk Statement of Votes Cast Date :06/19/10 CONSOLIDATED PRIMARY ELECTION Time 13:10:51 Pa of S VC For CITY O ARROYO GRANDE, All Counters, CITY OF ARROYO GRAND FINAL OFFICIAL RESULTS tD � tD tD �co O 0 -10- ARROYO GRANDE BOND TO FUND N T � T TI I F NEW POLICE STATION- 2/3 VOTE Rog. Voters Times Total Votes Times Blank Times Dumber YES NO Counted Voted Over Of Voted Under Votes Jurisdiction Vide CON 403-49 Polling 601 93 92 1 0 0 59 64.13% 33 35.87° Absentee 601 254 247 7 0 0 181 73.28% 66 26.72° Totak 601 347 339 8 0 0 240 70.801¢ 99 29.20° CON 404 -50 Polling 1276 248 240 8 0 0 163 67.92 ° l0 77 32.09 Absentee 1276 547 337 10 0 0 391 72.81 146 27.19° Total 1276 795 777 18 0 0 554 71.30% 223 2830% CON 405 -0 Polling 1415 238 221 17 0 0 135 61,0910 86 38.91% Absentee 1415 555 536 19 0 0 344 64,18% 192 35.82 °1 Total 1415 793 757 36 0 0 479 63.2810 278 36.72° CON 406 -5 Polling 1203 191 185 6 0 0 115 62.16 70 37,84° Absentee 1203 444 422 22 0 0 280 66.35% 142 33. °1 Total 1203 635 607 28 0 0 395 65.07 212 34.93° CON 407 -1 Polling 1095 213 203 10 0 0 121 59-61% 82 40.39° Absentee 1095 465 454 10 1 0 317 69.82% 137 30.18° Total 1095 678 657 20 1 0 438 66.67 219 33.33 °1 CON 408 -52 Polling 871 159 150 9 0 0 92 61.33% 58 38.67 °1 Absentee 871 293 276 17 0 0 168 60.87 1 08 39,13% Total 871 452 426 26 0 0 260 61.03 166 38.97 °1 C 409-49 Polling 1099 116 113 3 0 0 79 69-91 34 30.09 Absentee 1099 325 314 11 0 0 200 63.69 114 36,31% Total 1099 441 427 14 0 0 279 65.34 148 34.66° CON 410 -3 Polling 1112 197 188 9 0 0 103 54.79% 85 45.21% Absentee 1112 375 362 13 0 0 236 65.19 126 34.81% Total 1112 572 550 22 0 0 339 61.64% 211 38.36° CON 411 -53 Polling 1178 172 166 6 0 0 94 56.63% 72 43.37 °1 Absentee 1178 349 338 11 0 0 200 59.1710 138 40.831 Total 1178 521 504 17 0 0 294 58.33% 210 41.67 °1 CON 41249 Polling 1163 1 78 168 10 0 0 111 6.0710 57 33.93° Absentee 1163 378 362 16 0 0 238 65.75% 124 34.25° Total 1163 556 530 26 0 0 349 65.8510 181 34.15° Total Statement of Votes Cast Date:6 /19/1 CONSOLIDATED PRIMARY ELECTION Time: 13:1 : 1 Pager of SOVC. For CITY OF ARROYO GRANDE, All Counters, CITY OF ARROYO GRAN FINAL OFFICIAL. RESULT tD � tD tD �co n A -10- ARROYO GRANDE BOND TO FUND CONSTRUCT OF NEW POLICE STATION- 213 VOTE Reg, Voters Times Total Votes Times Blank Times Number YES N Counted Voted Over O f Voted Under Votes _ -- 37.89° Polling 11013 1805 1726 79 0 0 1 072 62.11% 654 A bsentee 11013 3985 3848 136 1 0 2555 66.40 1293 33,60 Total 11013 5790 5574 215 1 0 3627 65.07 1947 34,93° CONGRESSIONAL 22ND CONGRESSIONAL DISTRICT Polling 11013 1805 1726 79 0 0 1072 62.11% 654 37,89% Absentee 11013 3955 3849 136 1 0 2555 66.40% 1293 33,60 Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93° Total Palling 11013 1805 1726 79 0 0 1072 62.11 654 37,89 Absentee 11013 3985 3848 136 1 0 2555 66.40 1293 33,60 Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93 SENATE 15TH SENATORIAL DISTRICT Palling 11013 1805 1726 79 0 0 1 072 62.11 654 37. 89 ° Absentee 11013 3985 3848 136 1 0 2555 66.40 1293 33_CQ@ Total 11013 5790 5574 215 l 0 3627 65.07% 1947 34.93 Total Polling 11013 1805 1 726 79 0 0 1072 62.11% 654 37. Absentee 11013 3985 3948 136 1 0 2555 66.40 1293 33.60 'fatal 11013 5790 5574 215 1 0 3627 65.07% 1947 34.93° ASSEMBLY 33RD ASSEMBLY DISTRICT Polling 11013 1805 1726 79 0 0 1072 62.11% 654 37.89 Absentee 11013 3985 3848 136 1 0 2555 66.40 1293 33.60 Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93° Total Polling 11013 l 805 1726 79 0 0 1072 62.11 654 37.89° Absentee 11013 3985 3848 1.36 1 0 2555 66.40% 1293 33.60 Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93° BOARD OF EQUALIZATION STATE BOARD OF EQUALIZATION DI T 1 Polling 11013 1805 1726 79 0 0 1072 62.11% 654 37.89° Absentee 11013 3985 3848 136 1 0 2555 66.40 1 293 31 60° Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93° Total Polling 11013 1805 1726 79 0 0 1072 62-11 654 37.89 Absentee 11013 3985 3848 136 1 0 2555 66.40 1293 33.600/ Statement of Votes Cast Date: 19/ 1 CONSOLIDATED PRIMARY ELECTION Time: 13:10: 1 P age:6 o SOVC For CITY OF ARROYO GRANDE, All Counters, CITY OF ARROYO GRANDE FINAL OFFICIAL RESULTS tD � tD tD co IV 0 -10- ARROYO GRANDE BOND TO FUND CONSTRUCTION OF NEW POLICE STATION- 2 VOTE Reg. Voters Times Total Votes Times Blank Times Number YES NO Counted Voted Over Of Voted Under Vote Total 11013 5790 5574 215 1 0 3627 65.07 1947 34. SUPERVISOR/COMMISSIONER 4TH SUPERVISORiAL DISTRICT Pulling 11013 1805 1726 79 0 0 1072 62.11 654 37.89° Absentee 11013 3985 3848 136 1 0 2555 66.40 1293 33.60 Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93 Total Pulling 11013 1 805 1726 79 0 0 1072 62.11% 654 37.89 Absentee 11013 3985 3848 136 1 0 2555 66,40% 1293 33.60° Total 11013 5790 5574 215 1 0 3627 65.07 1947 34.93° CITIES CITY OF ARROYO GRANDE Polling 11013 1 805 1726 79 0 0 1072 62.1 I % 654 37.8 Absentee 11013 3985 3848 136 1 0 2555 66.40% 1293 33.60 Total 11013 5790 5574 215 1 0 3627 65.07% 1947 34.93° Total Poking 11013 1805 1726 79 0 0 1072 62.11% 654 37.89° Absentee 11013 3985 3848 136 1 0 2555 66.40% 1293 33,60 Total 11013 5790 5574 215 1 0 3627 65.07% 1947 34.930/ INCORPORATED JULY 10. 1911 `4 MEMORANDUM UM IFORt To: CITY COUNCIL FROM: : BELLY WETMOF E, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICES/CITY CLERK SUBJECT: CONSIDERATION ATION of COUNCIL APPOINTMENT T To PLANNING COMMISSION DATE: JULY 13 201 RECOMMENDATION: RATION: It is recommended the Council approve the recommendation mendation of Council Member Caren Ray to appoint ,Jennifer Martin to the Planning Commission. FINANCIAL C[AL IMP CT: There is no fiscal impact from this action. BACKGROUND: On January 14, 1997 the City Council adopted ordinance No. 481 amending the composition of applicable Commissions and Boards from seven to five members and also adopted Resolution No. 3192 establishing Council policy as it relates to the appointment procedure to the Commissions, Boards and Committees. The Ordinance states that the Mayor and each respective member of the Council shall recommend mend a representative to the various Commissions, Boards and Committees subject to the approval by a majority vote of the Council. All Commission, Board, and Committee Berbers serge at the pleasure o f the Council. ANALYSIS of ISSUES: A vacancy occurred on the Planning Commission when wren Ray was appointed to the City Council on May 25, 2910 to fill an unscheduled vacancy. Her term o n the Planning Commission does not expire until January 31, 2013. A Notice of Vacancy on the Planning Commission was posted on May 26, 2010 pursuant to Government Code Section 54974 (Attachment 1). Three applications were received and are attached for Council's information (Attachment 2). Council Member r Ray has recommended mended this vacancy be filled by Jennifer Martin. Agenda Item 8.d. Page 1 CITE COUNCIL APPOINTMENT PLANNING COMMISSION JULY '1 , 201 PAGE 2 ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration: Approve the recommended mended appointment; Do net approve the recommended appointment; Provide direction to staff. ADVANTAGES: This appointment will provide for a full membership of the Planning Commission. DISADVANTAGES: No disadvantages are identified as long as the appointment reflects the desired community representation on this Commission by the City Council. ENVIRONMENTAL L F EVIEII : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, ,July 8. 2010. The Agenda and report were posted on the City's web site on Friday, July g, 2010. No public comments were received . Attachment: 1. (Notice of Vacancy 2. Applications Agenda Item 8.d. Page 2 ATTACHMENT 1 SATE CITY OF ARROYO GRANDE T ,a. 1911 „ NOTICE OF VACANCY" S qN, a% _".a I PLANNING COMMISSION May 26, 201 [lobe is hereby given, pursuant to Section 54974 of the California Government Code, that one unscheduled vacancy has occurred ors the following city comet ttee: NAME OF COMMISSION: Planning Commission PURPOSE: The Planning Commission shall have the responsibility to: ( a) Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan or any element thereof, so that it will serve as an effective guide for orderly growth and developm nt, preservation and conservation of open space and natural resources, and for the efficient and effective expenditure of public funds relating to the subjects addressed in the general plan; (b) Provide annual reports to the city council on the status of the General Plan and progress in its implementation; (c) Clarify ambiguities regarding Title 16 as set forth in Section 16.04-050; ( d) Review r and approve items as set forth in Section 16.08.060; ( e) Make recommendations to the city council on items as set forth in Section 16.08.060. MEETINGS: Meetings are held on the I t and 3r Tuesdays of each month at :00 pm in the City Council Chambers, 216 E. Branch Street, Arroyo Grande. Special meetings may be called as needed. TERM: Appointment will fill one unexpirLmd term through January 31, 2013. For further information, please contact: City Managers Office, 214 E. Branch Street, Arroyo Grande CA 93420, (805) 473 -5404 !, Kelly Wetmore, Director of Legislature and Information Service lC Cleric, hereby ce,rtffy that the above Notice of Vacancy was posted in accordance with Section 54974 of the Califomia Govemment Code. Agenda Item 8.d. Page 3 RECEIVED JUN 212010 CITY OF ARROYO GRANDE ARCOyp Reservoir of Cans to Serve K 214 E. Branch Street Arroyo Grande, CA 93420 ATTACHMENT 2 Application to Board, Committee, or Commission PLEAgE PLACE A CHECK MARK NEXT TO THE B ARD C II COI MI ON FOR WHICH Y011 WOULD LIKE To APPLY (Your may make more than one selection) Z .Planning Commission Parks and Recreation Commission Traffic Commission n Parldng Ad sort' Board A rch u to Review C .."IstDrl al Resou, commit e � paaial Subcommiltaw DaW of Application U - 2 - 10 Name _Mav_Jb :i e a rl Last Rmt 11 111114 �R or Cell Phone E -mail adde+ew (0pbonal Cc(1 r .,,� usiness Phone i a[Ia� it Do you redde Wfthi the C4 limits of Arrayo Grande? Y es NQ Are you a registered votal Yes X N [duration (Include pro�sional or vocational licenses or cerliii tes) L 1 3 e IoK o� Azz,--lu �cciL�e. Po L t,.. 10 � f r6V A ( d; A e_ 4,e Ae C Y ! -, C e n S {� Community Invoi en ent Ust oNanizartion membetshl ps and committee assi Please des ibe any ba koround, training, education or Into res th mlltV you as an appointee __ Agenda Item 8.d. Page 4 t w* addibbm1psow ff r� Ad visoty AwidlCommittftlCommIssion Appllca to What do you see as the objectives and goals of the advisory board, mitbe or omnAssion for wMch you area ? 04 k ryl en, - 4-z:7. 4:91r e--..74 -- 'T Pq e A 0! f L,11A Please list three Grande ref mnCes, PLEASE OBTAIN PERM 0131 FROM INDIWDUALS BEFORE US TING THEM AS A REFERENCE. Name: A le (I% Address: N me: H ffi '_ 6 1 �2 r ess: Na lie. Add rem: Current rnee ng schedules are Indicated below: Planning Commiss ion , 1:t and 3rd T uesday of each month, :oo p.m. Parrs and Recreation Commission, Znd 1 ednesda r of each month, 6 :30 p.m. Traffic Commission, Monday before the 3r Tuesday of each month, :00 p.m. D owntown Parking Advisory Board, Quarterly, 4thWednesday, 70.30 a.m. Arch ite to ral Review Comm ittee, 1 st M on day of each m onth, 2 3 0 p. m. Historical Resources Committee,, 2nd Friday of each month, 1 0 - .00 o a.m. Are you willing to comimit to the t nea ary to fulfill the obligations of an appoi ntrrrent to a &mr+d, committee or Commission? Yea No I hereby ;declare that the f6r going lnfonnation is true and complete to the b t of nay knowledge and belief. Applicant Sian &U1 . 1. Applk nts appointed by the C ity Council are required to tale an Oath of Office. Z. State lave and the Cites Conflict of Interest Code requires that Board Members, Committee Members, and Commissicxwrs file Statements of Economic Interests (Form o ) upon assuming o ffice, annually, and upon leaving are appointed oite e.g. sources of income, loans, gifts, investments, interim In real property within the City). This application is a matte of pu blic record and portions thereof are subject to disclosure pursuant W the California Public Record Act. • — + — • — • t . � ­ ........ a - — + — + — t — t ----------------------- +� � +F of t # J i it J. • i t i � i + Please retLirn completed Appiication to: CITY Iw+lMA EWS OFFICE 214 E. B ranch Feet Arra Grande C 93420 Agenda Item 8.d. Page 5 CIW OF ARROYO GRANDE "Reservoir of Citizens to Serve" REC'ENED 214 E. Branch Street JUN 17 2010 Arroyo Grande, CA 93420 ARROYO GRANDE CITY CLERK Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE BO ARD/ C MMM E M111WHON FOR WHICH YOU L.D LICE To APPLE (Yoe nmy make more than one aele ion ): �Planning Commission ..Pence and Receation Commission Trod Cornmh don ..Downbwm Panting Ad- Board ��H tural Resew Cwnmitte e Hhftricai It Boercm Cwnm1tbw .. Specfel Sub=, mltbe� Date of lication N a me W W . Z-" Lost First (Sr Home Address dor H ome or Cell Phone e E-mail adders (Optional} Do you roside within the City limits of Arroyo Grande? Yes No Are you a registered voter? Yee . Employer E aftn (Include o�na or vocational liae � � or cerM -� � I � gig f 0 45. -9" A4 i?5 in j Co mmunity in ohrement (List organi on mn berslhlps and corm assign � Pim se d4saibe any bmdcgr+mnd, training, education or interests that qualify you as an appolntee V*ao m 1 9 d , -S-0� SLAM mdiww rft �r✓�s�+a- ,.-�ovt 10 )d,,,,aM;jb 0�6�.�An& CcLk+� L�ke�� ' 't 1�Z� I I? er t5e—c f tftd� &WYm ffA Agenda Item 8.d. Page 6 * , . Page 2 What do you see as the objectives and go o ion for rr the advisory board, committee or commission h you .0 area i ro 4S`� al b p q. 1.r Wee&V'ft & Dgf"22e� AO'iL-O- --- 0 " _ &721AP7A9tnY-j or 40 Piease list th Arroyo G rande refemnces, PL USE OBTAM PFRMIS ION FROM INDMDUALS BEFORE LISTING THEM AS A REFERENCE. Name Address Phone, Name: Z Address: k1hone: Name - illi� i 1 1 'f3 Q '%*!:� JJ To-PP AAddr+ess• Pitons: Cun nt me Ling schedules are indicated below: Planning Commission, I s ' and 3rd Tuesday of each month, 6:00 p.m. Parks and Recreation C ommission, 2nd Wednesday of each month, 6:30 p.m. Traffic Commission, Monday before the 3rd Tuesday of each month, 7:00 p.m D owntown Parking Advisory Board, Quarterly, 4 Wednesday, 7 30 a. rte. Architectural Review Co mmittee, 1 st M onday of each month, 2 : 3 0 p. m . Historical Resources Committee, 2nd Friday of each month, 10*00 a.m. Are you willing to commit to the time necessary to fulfill the obligations of are appointment to a Board, Commies or Commission lies No. I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief. n 6 z !Ote�Z �c z/ Applicant Signature Date 1 . Appll appointed by the City Council are required to take an Oath of office. 2 . State lave and the City 's Conflict of Interest Code requires that Board Members,, Committee Members, , and C ommissioners file Statements of Economic Interests (Fenn 700) upon assuming offic:+ , annually, and upon ieavrng an appointed office e .g. sourms of 1n ome, loans, gifts, in vestme nts, I nterests in real property wlthin the lty . 3 . This application is a matter of purbllc record and portions thereof are subject to disclosure pursuant to the California Public Records Act.. Please rata amfeted Application to-, CITY MANAGE WS OFFICE 214 E. BMnCh Street Grande CA 93420 Agenda Item 8.d. Page 7 Steven Ross Arroyo Grande, Ca. 93420 Position: Planning Commission City Involvement Currently Serving on the 'traffic Commission: 2004 to Present Serving my second stmt as Chair(2 00 5 to 2007 - 2010). I have regularly attended City Counsel meetings and Planning Commission meetings since 2 00 3. 1 have taken some of those opportunities to make suggestions to the City. I believe my comments and statements have been of a positive nature. Additional references serving on City Commissions: John Keen; Planning Commission Jim Carson; Traffic Commission Job experience (continued) Icy second currier (1978 to 2007) was in the flooring and design industry. I started in the held installing and finishing wood floors, custom residential, commercial, 1, specializing in Gymnasium and sports floors. i became lead crew chief and estimator, I later started a wood flooring wholesale company for nay employer, acquiring product limes, managing inside and outside sales, controlling inventory and setting pricing. I worked in a retail flooring and design center in Arroyo Grande and Pismo Beach (2 000 - 2007), again worldng with housing and commercial building Mans. Summery: I believe my experience as a surveyor, evaluating the existing lands and topography, to create subdivisions within the frame work of existing codes and guide lures and then drawing there on the ground gives me a unique perspective in the development process. My experience in the flooring Industry gyres nee some knowledge of working with people, with running a physical and fiscal business, a further knowledge of how building plans work and as a retired person I do have the time to devote to the duties of a Planning Commissioner. 1 believe my attendance of Counsel and Planning Commission meetings also gives me a clear understanding of where the city has core from and where we might be going. 'thank your for the opportunity to serve the City of Arroyo Grande. Steven Ross Agenda Item 8.d. Page 8 CJL-uy OF ARROYO GRAN "Reserver of Citizens to S e r veff ' 2 E 4' 16 214 E. Bra nh met Arroyo Grande, CA 93420 Application to Board, Committee, or Commission PLEASE PLACE A CHECK MARK NEXT TO THE B ARD C MIMME M lISS101 ! FOR WHICH YOU WOUL LIRE YD APPLY (You may make mare than one selection): . ! �. Phmnfng Commission Parks and Re r tion Commission .� T fic C mmisaioa Ptrlcin Athrisory Brd A chitectural Review CAmmitte e # i lcal R=ourcm Conran se .Special Subcommittees Die of Application &I - Na rrm _ - Last First NOnn Home or Cell Phone Phone E -mail addr+ pt:lonei Do you reside within the City limits Of ro Grande's Yea & Igo Are you a register d voter? Y+ or certln cat me) S - 'L . Ernpioyer 4�� EduCatin Inud opal or C ommunity invohmnmmt L.lxt or+ganl an membwshlps and cennmittse assignments 9Ar V-5 = (Ivv-% 0KISSinVIN Please 1 1be any bo lcgr+ound, training, educatJon or Interests that qualft you as an appoin e P'-FA I=& ?x CID"+ _t!KSV&Jfbr\ LJ:6r.5t CAAtrV6,W J�ainnm_ %8 A r . A (PX�s Agenda Item 8.d. Page 9 Adv1so BbardlCommlffeelCommlsslon A w Page What do you see as the obJectives and goals of the advisory board, commwtta or commission for which you N am: Adddr� 0 Phone: Name: V, o#J� Address; lone. Mane: ok Add ress: Phone. Current ns wUng schedules are Indlceted below: Planning Commission, 1 st and 3rd Tuesday of each month, 6:00 p.m. P arks and Recreation Commission, 2ndWednesday of each month, 6:30 p.m. Traffic Commission, Monday before the 3rd Tuesday of each month, 7:00 p.m. Downtown Parking ing Advisory Board, Quarterly, 4th Wednesday, 7:30 a.m. Architectural Review Committee, 1 sx Monday of each month, 2:30 p.m. Historical Resources Committee, grid Friday of each month, 10:00 a.m. Are you willing to co mmit to the time necessary to fulfill th o bligations of an appointment to a Ord, om itUe or onenlsdon? Yes I o hereby declare #fit the foregoing inf rnation i true and comp to to the best of my kn owkdge and belief. nd&4 - 2--, Applicant Signature (78te fl oe w Aoggicants: 1. Applicants appointed by tie City Co uncil are required to take an Oathof Office. 2 . Mate law and the City's Conflict o Interest Code requires tat Board Members,, GDmmittee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon lea irw an appointed office ( sources of Income, loans, gifts, investments, interests in real property within the (It y). 3 . This application is a matter of public record and portions thereof are su bject to disclosure pursuant to the Cal ifornia Public Records Act. -- ------------------------ -_ _ {._. _._._._._._._._._._._............... ,.. -._...._._._. _._,_._.�._._._._.�._,_._._._._ .. . PlIesse return cornpk*ed Application to: CITY MA IAGE 'S O FF E 2 14 E. Branch Street Arroyo Grande CA 93420 Agenda Item 8.d. Page 10 Pke list three Arroyo Grande nces. PLEASE O BTAIN PE RMISSION F M INOXWIXJALS BEFORE LIM G THEM AS A REFERENCE. Dear Ms. Ray, May, 26 2010 E. 1'I E 1") io HAY 2s Pil 1:: is Congratu►latiorm on your appointment to the City Council last night. I was very pleased to see such a well quahfied candidate chosen. As a woman I was also glad to see some diversity on the panel. As I mentioned hLst night, I am very interested in serving on the Planning Con mimlion. I ask you to pleaw consider nominating me. I realize that the experience gained on the comrniasion would help prepare one for eventually serving on the council. Just as your years of being a corn is i n r a nd Chair have prep ared you to continue to sere xn your new capacity. Feel free to c&U or email me anytime with questions or to find out more about my views on the issues. I was honored to participate with you in the candidate forum and there you may have learned some of my positions. In my years of observing the Planning C xnnaimion and City Council, I noticed that your views and those of Mr. Arnold have often corded with my own. I feel that m service the co ion would continue in the nix and balanced manner in which you have served. I am happy to provide any resume, education and experience for your perusal if you wish. Again, congratulations and I thank you for your considering me for this position. Sinoerel, Shannon Kessler Arroyo Grande, CA 93420 Agenda Item 8.d. Page I I THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.d. Page 12 ` INCORPORATECO MEMORANDUM µ rn JULY 10. 1911 AE I IF ft To: CITY COUNCIL. FROM: DOUG PER IN, DIRECTOR of RECREATION & MAINTENANCE SERVICES , BY: SHANE TAYLOR, MAINTENANCE SERVICES SUPERVISOR SUBJECT: CONSIDERATION OF A SEWER SYSTEM MANAGEMENT PLAN (SSMP) AND FATS, OILS AND GREASE (FOG) PROGRAM MEMBER AGENCY (MA) AGREEMENT WITH SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT (SSLOCSD) DATE: JULY 1 39 201 RECOMMENDATION: It is recommended that the Council approve the attached Member Agency Agreement for South San Luis Obispo Sanitation District to continue to manage the Sewer System Management Plan SSMP and the Fats, Oils and Grease (FOG) Control Program for the City. FUNDING: $18,000 has been allocated in the FY 2010-11 budget for these contractual services (612-4610-5303). The account is used for operation and maintenance of the sewer collection system. Additional funds will need to be allocated for FY 2011 -12. The cost of the program is reimbursed proportionately by the Member Agencies of the District barred upon the number of businesses in the FOG program and the amount of support needed to meet the 2006 and 2008 State water Board General Waste Discharge Requirements GWDF . The agreement is for two 2 years and the FY 2010-2011 current breakdown and cost estimate is as follows: % City of Arroyo Grande ($18,000), % City of Grover Beech ($18,000) and 20% Oceano Community Services District ($9,000) for ar total of $45,000. The current breakdown and cost estimate for FY 2011 -12 is approximately 0% City of Arroyo Grande ($21,000), 0% City o Grover Beach ($21,000) and 20% Oceano Community Services District ($1 1,500) for a total of $53,500. This cost distribution will be reviewed on an annual basis and may increase or decrease as warranted. This funding will provide for the administration of the FOG Control Program, specifically coordinating with the Member Agencies for permitting, inspections and program compliance. The funding will also provide for GWDR support consisting mainly of Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION OF A FOG CONTROL PROGRAM AND WDR SUPPORT MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT JULY 13, 2010 PAGE 2 updates and biennial audits to the City's Sever System Management gement Plan (SSMP). The SSMP is ar requirement under state Water Board GWDR order No. 2006 - 0003 -D V which was amended by Order No. WQ 2008- 0002 -EXEC. Tables depicting approximate program funding by Member Agencies are provided belo w. FY 2010=1 1 FY 2011-12 Member Agency g FOG FOG *SSMP Hours Estimated FOG Estimated Member Facilities Program SSMP Hours and SSMP Annual Agency g Included Hears Program Hours Program costs City of Arroyo 4 154 48 202 $18,000 Grande $21,000 Beach City of Grover 4 154 48 202 $ 13,000 Beach Community 10 49 78 ceno $ 11,500 Services District Community 16 49 4 9,000 Services District Facilities and 124 357 234 Estimated $53,500 Hours Estimated FOG Facilities and 124 357 144 and SSMP $ 4 f 00 Hours I Program costs FY 2011-12 Member Agency g FOG Facilities Included FOG Program Hours *SSMP Hours Estimated FOG and SSMP Program Hours Estimated Annual Program costs City of Arroyo 4 154 78 232 $219000 Grande City of Grover 154 78 232 $21,000 Beach ceano Community 10 49 78 127 $ 11,500 Services District Estimated Estimated FOG Facilities and 124 357 234 and SSMP $53,500 Hours Program costs * SSMP Tours are greater than FY 2010-11 due to SSMP biennial audit requirement dine this year for all Member Agencies. BACKGROUND: SSLOCSD provides wastewater treatment and trunk sever collection services to the City of Arroyo Grande, the city of Grover Beach and the oce no Community Services Agenda Item 8.e. Page 2 CITY COUNCIL CONSIDERATION OF A FOG CONTROL PROGRAM AND WDR SUPPORT MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OB1SP0 COUNTY SANITATION DISTRICT JULY 13, 2010 PAGE 3 District CSD). This service area covers approximately 9.45 square miles and supports an estimated population of 37,800. The State Water Resources es Control Board SWRCE issued GWDR Order No. 2006- 0003-D V in 200 6. The order was amended by Order No. WQ 2008-0002-EXEC in 2008. Both orders required the creation and implementation of an SsIVIP by August 2009 for Arroyo Grande and Grover Beach, and by May 2010 for the Oceano CSD. Ss1 1Ps are required to be formally audited a minimum of every two 2 years and completely updated every five years. The first SSMP audits are due to take place in FY 2011-12. One of the elements of the SSIVIP is the requirement that the member agencies evaluate their service area to determine whether a FOG Control Program is needed to reduce, maintain a lover number, or eliminate if possible, sanitary serer Overflows ( SSOs). During the creation of each Member Agency SSMP in 2009, the need for a FOG Program was re-evaluated. It was determined by each Member Agency that the FOG Program enacted in ,July 2007 had resulted in a noticeable decrease in FOG in each Member Agencies serer collection system. Each Member Agency's SSMP documents the need to continue their FOG Program in order to maintain the lover number (less than 6 Ssos annually is the number the State Water Board is using to measure success) of SS Os currently experienced annually by each Member Agency. Prior to issuance of the above G VDI , the Member Agencies were required under Waste Discharge Requirement WDR R3-2004-0062 to implement a FOG Program which was started by SSL CSDon July 1. 2007. vD R R3-2004-0062 has since expired and been replaced by WDR R3-2009-0046 which now only contains discharge requirements pertinent to monitoring and reporting at the SSL CSD Wastewater Treatment Plant. SSL CSD currently has enrolled 124 food service establishments FSEs , primarily restaurants, in the FOG Control Program. ANALYSIS of ISSUES: The decision to have SSL CSD create, implement and manage the FOG Program and the SSIVIP was driven by the feet that these were duplicative efforts by each of the member agencies. The work to be accomplished was best seared if consolidated into one entity. Additionally, the FOG and SSMP work is sporadic and does not lead itself to a full time position. The introduction of a FOG management program in the City has resulted in a noticeable decrease in the levels of FOG in the server collection system by maintenance workers. Staff recommends that a new two -year agreement with SSL DSD be approved. Agenda Item 8.e. Page 3 CITY COUNCIL CONSIDERATION OF A FOG CONTROL PROGRAM AND WDR SUPPORT MEMBER AGENCY AGREEMENT WITH THE SOUTH SAN LUIS OBISP4 COUNTY SANITATION DISTRICT JULY 13, 2010 PAGE 4 Approval is based on price, knowledge and experience 'in managing the FOG and SSMP programs, and past performance in initiating the FOG program which resulted in a number of FSErs installing hydromechanical grease control devices. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve the attached Member Agency agreement; • Modify as appropriate and approve the Member Agency agreement; • Do not approve the agreement and direct staff to prepare a request for qualification for distribution to selected contractors; • Provide direction to staff. ADVANTAGES. Approval of the member agency agreement will allow for continued implementation of the city's SSMP and FOG Program. DISADVANTAGES: No disadvantages have been identified by staff. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted- in front of City Hell on Thursday, ,July 8, 2010. The Agenda and report were posted on the City's website on Friday, July g, 2010. No public comments were received. Attachments. 1. Member Agency Agreement Agenda Item 8.e. Page 4 ATTACHMENT 1 MEMBER AGENCY AGREEMENT IN REGARDS To COMPLIANCE CE WITH STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS EMENTS FOR SANITARY Y SEINER SYSTEMS STATE WATER RESOURCES CONTROL BOARD ORDERS 2006 - 0003 - DIN and 2008-0002-EXEC This Agreement reached this day of , 2010 between the SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT and the CITY of ARROYO GRANDE, the CITY of GROVEL BEACH and the OCE NO COMMUNITY SERVICES DISTRICT. WHEREAS, the SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT (DISTRICT) service area encompasses the cities of Arroyo Grande and Grover Beach and the ceano community Services District (MEMBER AGENCIES); and, WHEREAS, the DISTRICT provides wastewater treatment services for the residents of these MEMBER AGENCIES; and, WHEREAS, the STATE WATER RESOURCES CONTROL BOARD SWRCB has adopted waste discharge requirements for the MEMBER AGENCIES; and, WHEREAS, amongst those waste discharge requirements is the development and implementation of a Sewer System Management Plan BSMP for each MEMBER AGENCY; and, WHEREAS, a Fats, Oils, and Crease (FOG) control program and SSMP program audits are mandatory elements of the SSMP: and, WHEREAS, SSMP program audits consist of biennial audits on the effectiveness of and compliance with the S SMP, and the preparation of an audit report to be kept on fi l ; and, WHEREAS, the DISTRICT has experience in the development and implementation of FOG control programs, program audits, and report preparation; and, WHEREAS, it is recognized there would be cost savings due to the DISTRICT'S experience in the development and implementation of FOG control programs, and it is further recognized there would be a cost savings achieved were the DISTRICT to perform the SBMP program audits and prepare the reports for the MEMBER AGENCIES. TIN, THEREFORE, it is agreed by and between the parties hereto in regards to compliance with State Water Resources control Board Orders Zoo - ogg3 -DW and 200 8- 002 -EXEC (State Board Orders, attached as Exhi bit A ) as follows: 1. The DISTRICT will continue to develop and implement a FOG control program for each MEMBER AGENCY. 2. The DISTRICT will inspect food service establishments as required in each Agencies SSW. 3. The MEMBER AGENCIES will collect non - compliance fees in the amount adopted by resolution by the District. FOG non - compliance fees will be used to offset the costs of the FOG Program to the M EMBER AGENCIES. Agenda Item 8.e. Page 5 4. The DISTRICT will report inspection findings to each MEMBER AGENCY at the beginning of each m oath if the Agreement is renewed. 5. The DISTRICT will perform SSMP program audits and prepare a report for the files of each MEMBER AGENCY as directed by the State Board Orders. The report will include the status of the FOG control program inspections and overall effectiveness of and compliance with the SBMP for each M EM BE R AGENCY. 6. Each MEMBER AGENCY agrees that it is responsible for all other compliance requirements imposed by the State Board Orders, copies of which are attached hereto as Exhibit A and incorporated by reference. 7. Each MEMBER AGENCY is responsible for the District's actual cost in administering the FOG control program, inspections, SSIVIP support, SSMP program audits and report preparation described in this Agreement. It is anticipated that in FY 2010-11 and FY 201 1.12 the District will be reimbursed by each MEMBER AGENCY for it's pro rata cost based upon the number of facilities in the program as described in this Agreement in the amount not to exceed the costs outline below. In subsequent years, if the Agreement is extended, the cost will continue to be prorated based on the number of facilities 'inspected that year. FY 20'10 -11 Fy 2nii-i2 FOG FOG Estimated FOG Estimated Member f=acilities Program SSMP Hours and SSMP Annual Agency Included fours Program Hours Program Costs City of Arroyo 4 154 48 202 $18,000 Grande City of Grover 4 154 48 202 $18,000 Beach ceano Community 16 49 48 97 $ 9,000 Services District Estimated Estimated FO Facilities and 124 357 144 and SSMP $ 45,000 Hours Prog Costs Fy 2nii-i2 Agenda Item 8.e. Page 6 FOG FOG Estimated FOG Estimated Member Facilities Program *SSMP Hours and SSMP Annual Agency Included Hours Program Hours Program costs City of Arroyo 4 154 78 232 $21,000 Grande City of Grover 4 154 78 232 $21,000 Beach Dceano Community 16 49 78 127 $ 11,500 Services District Estimated Estimated FOG Facilities and 124 357 234 and SSMP $53,500 Hours Program costs Agenda Item 8.e. Page 6 * SS MP Hours are greater than Fly 2010 -11 due to SSI IP biennial audit requirement due this year for all MEMBER AGENCIES The terms of this agreement shall be for two fiscal years, subject to biennial renewal based on mutual written agreement of the Parties. Program fees are based upon costs incurred by the DISTRICT. The pro rata share of program costs shall be amended every two years. IN ITS ESS WHEREOF, DISTRICT and MEMBER AGENCIES have executed this Agreement the date first written above. SOUTH SAN LUIS OBISPO SANITARY DISTRICT By: - John L. Wallace, District Administrator Approved as to Form: By: Michael Seitz, District Legal Counsel CITY of ARROYO I AI E B: Tony Ferrara, Mayor Arroyo Grande Attest: By: - - Kelly Wetmore, City Cleric Approved as to Form: By: Timothy J. Carrel, City Attorney Agenda Item 8.e. Page 7 CITY OF GROVER BEACH By: .John P. Shoals, Mayor Attest: By: _ D n na L. McMahon, City Clerk Approved as to Form: By: Martin D. Koczanowicz, City Attorney OCEAN OCEANO COMMUNITY SERVICES DISTRICT By: Vern Dahl, President Attest: By: - - Iaffaele F. Mntrnurr, General Manager and Secretary to the Board Approved as to Form: B: Alen Situ, District Legal Counsel Agenda Item 8.e. Page 8 EXHIBIT Agenda Item 8.e. Page 9 STATE WATER RESOURCES CONTROL BOARD ORDER NO. 2006- 0003 - II STATEWIDE GENERAL WASTE DISCHARGE E F E UI EMEI TS FOR SANITARY SEWER SYSTEMS The State Water Resources Control Board, hereinafter referred to as "State Neater Board ", finds that: 1. All federal and state agencies, municipalities, counties, districts, and other public entitles that own o operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility In the state of Calif are required to comply with the terms Of this Order. such entities are hereinafter referred to as " Enrollees ". 2. Sanita s e ire r overflows (SSOs) are o from sanitary sewer syste of domestic wastewater, as well as industrial and commercial wastewater, depending on the pattern of land uses in the area served by the sanitary severer system. SSOs often contain high levels of suspended solids, pathogenic organisms, toxic pollutants, nutrients, oxygen-demanding organic compounds, oil and grease and other pollutants. SSOs may cause a public nuisance, particularly when raw untreated wastewater is discharged to areas with high public exposure, such as streets or surface graters used for drinking, fishing, Or body contact recreation. SSOs may pollute surface or ground waters, threaten public health, adversely affect aquatic life, and impair the recreational use and aesthetic enjoyment of surface graters. 3. Sanitary server systems experience periodic failures resulting in discharges that may affect waters o f the state. There are many factors (including factors related to geology, design, construction methods and materials,, age of the system, population growth, and system operation and maintenance), which affect the likelihood o an SSO. A proactive approach that requires Enrollees to ensure a system -wide operation, maintenance, and management plan is in place will reduce the number and frequency of SSOs within the state., This approach will in turn decrease the risk to human health and the environment caused by SSOs. 4. Major causes of SSOs include: grease blockages, root blockages, severer line flood damage, manhole structure failures, vandalism, pump station mechanical failures, power outages, excessive storm or ground water inflow /infiltration, debris blockages, sanitary server system age and construction material failures, lack of proper operation and maintenance, insufficient capacity and contractor- caused damages. Many SSOs are preventable with adequate and appropriate facilities, source control measures and operation and maintenance of the sanitary sewer system. Agenda Item 8.e. Page 10 State Water Resources Control Board Order No. 2006-0003-DWQ Page 2 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 SEWER SYSTEM MANAGEMENT PLAINS 5. To facilitate proper funding and management of sanitary serer systems, each Enrollee must develop and implement a system-specific Sewer System Management Plan SSMP . To be effective, SSMPs must include provisions to provide proper and efficient management, operation, and maintenance of sanitary severer systems, while taking into consideration risk management and cost benefit analysis. Additionally, an SS MP must contain a spill response plan that establishes standard procedures for immediate response to an SSO in a manner designed to minimize water quality impacts and potential nuisance conditions. 8. Many local public agencies in California have already developed SSMPs and implemented measures to reduce SSs. These entities can build upon their existing efforts to establish a comprehensive SSMP consistent with this Order. Others, however, still require technical assistance end, in some cases, funding to improve sanitary severer system operation and maintenance in order to reduce SSos. . SSI IP certification by technically qualified and experienced persons can provide a useful and cost- effective means for ensuring that SSMPs are developed and implemented appropriately. 8. It is the State Water Board's intent to gather additional information on the causes and sources of SBs to augment existing information and to determine the full extent of ssos and consequent public health and/or environmental impacts occurring in the State. g. Both uniform SSO reporting and a centralized statewide electronic database are needed to collect information to allover the State Water Board and regional Hater Quality Control Boards (regional eater Boards) to effectively analyze the extent of SS Os statewide and their potential impacts on beneficial uses and public health. The monitoring and reporting program required by this order and the attached Monitoring and reporting Program No. 2006- 0008 -DW , are necessary to assure compliance with these waste discharge requirements v Dr . 10. Information regarding SSOs must be provided to Regional eater Boards and other regulatory agencies in a timely manner and be made available to the public in a complete, concise, and timely fashion. 1. Some regional eater Boards have issued vDs or vDs that serve as National Pollution Discharge Elimination System I PDES permits to sanitary severer system own ersoperartors within their jurisdictions. This Order establishes minimum requirements to prevent SS Os. Although it is the state Water Board's intent that this Order be the primary regulatory mechanism for sanitary severer systems statewide, regional eater Boards may issue more stringent or more Agenda Item 8.e. Page 11 Stale Water Resources Control Board Order No. 2006-0003-DWQ Page 3 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 prescriptive v DF s for sanitary sewer systems. Upon issuance or reissuance of a Regional Water Board's WDRs for a system subject to this Order, the Regional Water Board shall coordinate its requirements with stated requirements within this Order, to identify requirements that are more stringent, to remove requirements that are less stringent than this Order, and to provide consistency in reporting. REGULATORY CONSIDERATIONS 12. California Water Code section 1 3263 provides that the State Water Board may prescribe general WDIs for a category of discharges if the State Water Board finds or determines that: • The discharges are produced by the same or similar operations; The discharges involve the sane or similar types of waste; • The discharges require the same or similar treatment standards; and The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements. This Order establishes requirements for a class of operations, facilities, and discharges that are similar throughout the state. 13. The issuance of general WDRs to the Enrollees will: a Reduce the administrative burden of issuing individual WDRs to each Enrollee; b Provide for a unified statewide approach for the reporting and database tracking of SSOs; C) Establish consistent and uniform requirements for SSMP development and implementation; d Provide statewide consistency in reporting; and e Facilitate consistent enforcement for violations. 14. The beneficial uses of surface craters that can be impaired by SSOs include, but are not limited t, aquatic life, drinking grater supply, body contact and non - contact recreation, and aesthetics. The beneficial uses of ground water that can be impaired include, but are not limited to, drinking water and agricultural supply. Surface and ground graters throughout the state support these uses to varying degrees. 15. The implementation of requirements set forth in this Order will ensure the reasonable protection of past, present, and probable future beneficial uses of water and the prevention of nuisance. The requirements implement the water quality control plans (Basin Plans) for each region and take into account the environmental characteristics of hydrographic units within the state. Additionally, the State Water Board has considered water quality conditions that could reasonably be achieved through the coordinated control of all factors that affect Agenda Item 8.e. Page 12 State Water er esources Control Board Order Igo. 2006-0003-DWQ Page 4 of 2 Statewide General WDR For Wastewater Collection Agencies 5/2/06 water quality in the area, costs associated With compliance With these requirements, the need for developing housing within California, and the need to develop and use recycled water. 16. The Federal clean Water Act largely prohibits any discharge of pollutants from a point source to waters of the United States except as authorized under an NPDES permit. In general, any point source discharge of sewage effluent to w aters of the United states must comply with technology - based, secondary treatment standards, at a minimum, and any more stringent requirements necessary to meet applicable Water quality standards and other requirements. Hence, the unperrmitted discharge of wastewater from a sanitary sever system to Waters of the United States is illegal under the clean Water Act. In addition, many Basin Plans adopted by the Regional Water Boards contain discharge prohibitions that apply to the discharge of untreated or partially treated wastewater. Finally, the California Water code generally prohibits the discharge of Waste to land prior to the filing of any required report of Waste discharge and the subsequent issuance of either WD Rs or a waiver of WDF s. 17. California Water Code section 13263 requires a Water board to, after any necessary hearing, prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge. The requirements shall, among other things, take into consideration the need to prevent nuisance. 18. California Water Code section 13050, subdivision m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. 19. This Order is consistent with State Water Board Resolution No. -1 (Statement of Policy With Respect to Maintaining High Quality of Waters in California) in that the Order imposes conditions to prevent impacts to Water quality, does not allow the degradation of Water quality, Will not unreasonably affect beneficial uses of grater, and will not result in water quality less than prescribed in State Water Board or Regional Water Board plans and policies. 20. The action to adopt this General Order is exempt from the California Environmental Quality Act (Public Resources code §21000 et seq.) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. (Cal. code Iegs., tit. 14, §15308). In addition, the action to adopt Agenda Item 8.e. Page 13 State Baer Resources Control Board Order No. 2006-0003-DWO Page 5 of 2 Statewide ide General WDR For Wastewater Collection Agencies 512106 this Order is exempt from CE QA pursuant to Cal.Code F egs., title 14, §1 5301 to the extent that it applies to existing sanitary severer collection systems that constitute "existing facilities" as that term is used in Section 1530 1, and §1 5302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity. 1. The Fact Sheet, which is incorporated by reference in the Order, contains supplemental information that was also considered in establishing these requirements. 2. The State Water Board has notified all affected public agencies and all known interested persons of the intent to prescribe general wDFs that require Enrollees to develop SS Ps and to report all SS s. 3. The State Water Board conducted a public hearing on February 8, 2006, to receive oral and written comments on the draft order. The state water Board received and considered, at its May , 2006, meeting, additional public comments on substantial changes made to the proposed general WDRs following the February 8, 2008, public hearing. The State water Board has considered all comments pertaining to the proposed general WDl s. IT Is HEREBY Y DEF ED, that pursuant to California Water Code section 13268, the Enrollees, their agents, successors, and assigns, in order- to meet the provisions contained in Division 7 of the California Water Code and regulations adopted hereunder, shall comply with the following: A. DEFINITIONS 1. sanitary sever overflow sso # Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSs include: ( i) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States; (ii) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States; and (iii) wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer syste 2. Sanitary sewer system — Any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, wet wells, impoundments, , tanks, etc.) are considered to be part of the sanitary sewer system, and discharges into these temporary storage facilities are not considered to be SS Os. Agenda Item 8.e. Page 14 State Water Resources Control Board Order loo. 2006-0003-DWQ 'age 6 of 2 Statewide General WDR For wastewater Collection Agencies 512106 For purposes of this Order, sanitary severer systems include only those systems owned by public agencies that are comprised of more than one mile of pipes or sewer lines. 3. Enrollee - A federal or state agency, municipality, county, district, and other public entity that owns or operates a sanitary sever system, as defined in the general vDFs, and that has submitted a complete and approved application for coverage under this Order. 4. sso Reporting ing system — online spill reporting system that is hosted, controlled, and maintained by the State Water Beard. The web address for this site is hftp://ciwqs.waterboards.ca.gov. This online database is maintained on a secure site and is controlled by unique usernares and passwords. 5. Untreated o partially treated wastewater — Any volume of waste discharged from the sanitary severer system upstream of a wastewater treatment plant headworks. 6. satellite collection system — The portion, if are, of a sanitary sewer system owned or operated by a different public agency than the agency that owns and operates the wastewater treatment facility to which the sanitary sewer system is tributary. 7. Nuisance - California eater code section 13050, subdivision (m), defines nuisance as anything which meets all of the following requirements: a. Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. b. Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. c. Occurs during, or as a result of, the treatment or disposal of wastes. B. APPLICATION REQUIREMENTS 1. Deadlines for Application All public agencies that currently own or operate sanitary severer systems within the Mate of California must apply for coverage under the general vDFs within sic months of the date of adoption of the general v DF s. Additionally, public agencies that acquire or assume responsibility for operating sanitary severer systems after the date of adoption of this order must apply for coverage under the general WDRs at least three 3 months prior to operation of those facilities. 2. Applications under the general 11DIs -- In order to apply for coverage pursuant to the general WDF s, a legally authorized representative for each agency must submit a complete application package. Within sixty days of adoption of the general v D s, State eater Board staff will send specific instructions on how to Agenda Item 8.e. Page 15 State Baer Resources Control Board Order No. 2006-0003-DWQ Page 7 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 apply for coverage under the general WDRs to all known public agencies that ern sanitary severer systems. Agencies that do not receive notice may obtain applications and instructions online on the Water Board's website. 3 Coverage under the general WDRs — Permit coverage will be in effect once a complete application package has been submitted and approved by the State Water Board's Division of Water Quality. C. PROHIBITIONS 1. Any SSo that results in a discharge of untreated or partially treated wastewater to waters of the United States is prohibited. 2. Any SSO that results in a discharge of untreated or partially treated wastewater that creates a nuisance as defined in California Water code section 1300m is prohibited . D. PROVISIONS 1. The Enrollee must comply with all conditions of this order. Any noncompliance with this Order constitutes a violation of the California Neater code and is grounds for enforcement action. 2. it is the intent of the State Water Board that sanitary severer systems be regulated in a manner consistent with the general WDRs. Nothing in the general WDRs shall be: (i) Interpreted or applied in a manner inconsistent with the Federal Clean Neater Act, or supersede a more specific or more stringent state or federal requirement in an existing permit, regulation, or administrative /judicial order or consent Decree; ii Interpreted or applied to authorize an sso that is illegal under either tine Clean Water Act, an applicable Basin Plan prohibition or water quality standard, or the California Water Code; (iii) Interpreted or applied to prohibit a regional Neater Board from issuing an individual i PDES permit or WDR, superseding this general v D1 , for a sanitary sewer system, authorized under the clean Water Act or California Water code; or (iv) Interpreted or applied to supersede any more specific or more stringent vDF s or enforcement order issued by a Regional Water Board. 3. The Enrollee shall take all feasible steps to eliminate SSos. In the event that an BSo does occur, the Enrollee shall take all feasible steps to contain and mitigate the impacts of an Bs. 4. In the event of an SS, the Enrollee shall take all feasible steps to prevent untreated or partially treated wastewater from discharging from storm drains into Agenda Item 8.e. Page 16 State water Resources rce Control Board Order No. 2006-0003-DWQ Page 8 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 flood control channels or waters of the united states by blocking the storm drainage system and by removing the wastewater from the storm drains. 5. All SS Os must be reported in accordance with Section G of the general WD s. 6. In any enforcement action, the State and/or Re water Boards will consider the appropriate factors under the duly adopted State water Board Enforcement Policy. And, consistent with the Enforcement Policy, the State and/or Regional Water Boards -must consider the Enrollee's efforts to contain, control, and mitigate ssos when considering the California water Code Section 13327 factors. In assessing these factors, the state and/or Regional water Boards will also consider whether: ( i) The Enrollee has complied with the requirements of this Order, including requirements for reporting and developing and implementing a SSMP; (ii) The Enrollee can identify the cause or likely cause of the discharge event; (iii) There were no feasible alternatives to the discharge, such as temporary storage or retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, collecting and hauling of untreated wastewater to a treatment facility, or an increase in the capacity of the system as necessary to contain the design storm event identified in the SSMP. It is inappropriate to consider the lack of feasible alternatives, if the Enrollee does not implement a periodic or continuing process to identify and correct problems. (iv)The discharge was exceptional, unintentional, temporary, and caused b factors beyond the reasonable control of the Enrollee; (v) The discharge could have been prevented by the exercise of reasonable control described in a certified SSI IP for: • Proper management, operation and maintenance; Adequate treatment facilities, sanitary sewer system facilities, and /or components with an appropriate design capacity, to reasonably prevent SS Os e.g., adequately enlarging treatment or collection facilities to accommodate growth, infiltration and inflow (1/1), etc.); Preventive maintenance (including cleaning and fats, oils, and grease (FOG) control; Installation of adequate backup equipment; and • Inflow and infiltration prevention and control to the extent practicable. (vi)The sanitary sewer system design capacity is appropriate to reasonably prevent SS Os. Agenda Item 8.e. Page 17 State Water Resources Control Board Order No. 2006-0003-DWO Page g of 2 Statewide General WDR For Wastewater Collection Agencies 512106 (vii) The Enrollee took all reasonable steps to stop and mitigate the impact of the discharge as soon as possible. 7. When a sanitary sewer overflow occurs, the Enrollee shall take all feasible steps and necessary remedial actions to 1 control or limit the volume of untreated or partially treated wastewater discharged, 2 terminate the discharge, and 3 recover as much of the wastewater discharged as possible for proper disposal, including any wash down water. The Enrollee shall implement all remedial actions to the extent they may be applicable to the discharge and not inconsistent with an emergency response plan, including the following: (i) Interception and rerouting of untreated or partially treated wastewater flows around the wastewater line failure; (ii) V truck recovery of sanitary severer overflows and wash down grater; (iii) Cleanup of debris at the overflow site; (iv) System modifications to prevent another SSO at the same location; (v) Adequate sampling to determine the nature and impact of the release; and (vi) Adequate public notification to protect the public from exposure to the ss. 8. The Enrollee shall properly, manage, operate, and maintain all parts of the sanitary server system owned or operated by the Enrollee, and shall ensure that the system operators (including employees, contractors, or other agents) are adequately trained and possess adequate knowledge, skills, and abilities. g. The Enrollee shall allocate adequate resources for the operation, maintenance, and repair of its sanitary sewer system, by establishing a proper rate structure, accounting mechanisms, and auditing procedures to ensure an adequate measure of revenues and expenditures. These procedures must be in compliance with applicable lavers and regulations and comply with generally acceptable accounting practices. 10. The Enrollee shall provide adequate capacity to convey base flogs and peak flo gs including flows related to wet weather events. capacity shall meet or exceed the design criteria as defined in the Enrollee's system Evaluation and Capacity Assurance Plan for all parts of the sanitary severer system owned or operated by the Enrollee. 1. The Enrollee shall develop and implement a written severer system Management Plan (SS MP) and make it available to the State and /or Regional Water Board upon request. A copy of this document must be publicly available at the Enrollee's office and/or available on the Internet. This SSMP must be approved by the Enrollee's governing board at a public meeting. Agenda Item 8.e. Page 18 State Water a er resources Control Board Order No. 2006-0003-DWQ Page 10 of 2 Statewide General WDR For Wastewater ewater Collection Agencies 512106 2. in accordance with the California Business and Professions code sections 6735, 7835, and 7835.1, all engineering and geologic evaluations and judgments shall be performed by or under the direction of registered professionals competent and proficient in the fields pertinent to the required activities. specific elements o f the SSMP that require professional evaluation and judgments shall be prepared by or under the direction of appropriately qualified professionals, and shall beer the professionals' signature and stamp. 13. The mandatory elements of the SSMP are specified below. Ho wever, if the Enrollee believes that any element of this section is not appropriate or applicable to the Enrollee's sanitary sewer system, the SSMP program does not need to address that element. The Enrollee must justify why that element is not applicable. The SSMP must be approved by the deadlines listed in the SSMP Time Schedule below. Sewer System Management Plan (SSMP) ( 1) Goal: The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent Ss s, as well as mitigate any SS Os that do occur. (ii) organization: The ssMP must identify: (a) The name of the responsible or authorized representative as described in section J of this Order. b The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program. The SSMP must identify lines of authority through an organization chart or similar document with a narrative explanation; and (c) The chain of communication for reporting SS Os, from receipt of a complaint or other information, including the person responsible for reporting SS Os to the State and Regional Water Board and other agencies if applicable (such as county Health Officer, county Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services ES. {iii} Legal Authority; Each Enrollee rust demonstrate, through sanitary severer system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: ( Prevent illicit discharges into its sanitary sewer system (examples may include I /l, stormwater, chemical dumping, unauthorized debris and cut roots, etc.; Agenda Item 8.e. Page 19 ,Late Water resources Control Board Order No. 2006-0003-DWQ Page 91 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 ( b) Require that sewers and connections be properly designed and constructed; (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral o wned or maintained by the Public Agency; (d) limit the discharge of fats, oils, and grease and other debris that may cause blockages, and (e) Enforce any violation of its sewer ordinances. (1v) operation and Maintenance Program. The SSIVIP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up -to -date reap of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities; (b) Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance P1 program should have a system to document scheduled -and conducted activities, such as work orders; (c) Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short -term and long- term rehabilitation actions to address each deficiency. The program should include regular visual and Tv inspections of manholes and severer pipes, and a system for ranking the condition of severer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on severer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long -term plans plus a schedule for developing the funds needed for the capital improvement plan; ( d) Provide training on a regular basis for staff~ in sanitary severer system operations and maintenance, and require contractors to be appropriately trained; and Agenda Item 8.e. Page 20 State Water Resources Control Board Order loo. 2006 -0 3 -D ' Page 12 of 20 Statewide General I DR For Wastewater Collection Agencies 5/2/06 (e) Provide equipment and replacement part inventories, including identification of critical replacement parts. (v) Design and Performance Provisions: ( a ) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects. (vi) Overflow Emergency Response ponse Plan - Each Enrollee shall develop and implement an overflo w emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all Sss in a timely manner; (b) A program to ensure an appropriate response to all overflows; ( Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SS Os that potentially affect public health or reach the waters of the State in accordance with the I IF P. All SS Os shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDF s or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification ; (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United states and to minimize or correct any adverse impact on the environment resulting from the Bs s, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. Agenda Item 8.e. Page 21 State Water er F es urc s Control Board Order No. 2006-0003-DWQ Page 13 of 20 Wastewater Statewide General IMF For Collection Agencies 512106 (vii) FOG control Program: Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. if FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sever system. This plan shall include the following as appropriate: ( a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG; (b) A plan and schedule for the disposal of FOG generated within the sanitary sever system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sever system service area; ( c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG; (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance; (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in f above. (viii) System Evaluation and Capacity Assurance Plan: The Enrollee shall prepare and implement a capital improvement plan CIP that will provide hydraulic capacity of key sanitary sewer system elements for dry Breather peak flog conditions, as well as the appropriate design storm or Bret weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSo discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flogs (including flows from SSos Agenda Item 8.e. Page 22 State Water er Resources Con ro! Board order No. 2006-0003-DWQ Page 14 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flogs associated with overflow events; (b) Design criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in a above to establish appropriate design criteria; and ( c) capacity Enhancement Measures: The steps needed to establish a short- and long- terra CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, 1I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shell identify sources of funding. (d) schedule: The Enrollee shell develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. (ix) Monitoring, Measurement, and Program Modifications: The Enrollee shall: ( a) Maintain relevant information that can be used to establish and prioritize appropriate SSIVIP activities; (b) Monitor the implementation and, where appropriate, measure the effectiveness of each element of the SSMP; (c) Assess the success of the preventative maintenance prog (d) Update program elements, as appropriate, based on monitoring or performance evaluations; and ( e) Identify and illustrate SSO treads, including: frequency, location, and volume. (x) SSMP Program Audits - As part of the SSI IP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the ,number of SS Os. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSI1 P and the Agenda Item 8.e. Page 23 Stale water Resources ource Control Board Order No. 2006-0003-D WQ Page 15 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 Enrollee's compliance with the SBMP requirements identified in this subsection D.1 3 , including identification of any deficiencies in the SSM P and steps to correct them. (xi) Communication Program — The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSIVIP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary severer system. 14. Both the SSIVIP and the Enrollee's program to implement the SSIVIP mast be certified by the Enrollee to be in compliance with the requirements set forth above and must be presented to the Enrollee's governing board for approval at a public meeting. The Enrollee shall certify that the SSIVIP, and subparts thereof, are in compliance with the general WDRs within the time frames identified in the time schedule provided in subsection D.1 , below. In order to complete this certification, the Enrollee's authorized representative must complete the certification portion in the online SSO Database Questionnaire by checking the appropriate 'milestone box printing and signing the automated form, and sending the form to: State Water Resources Control Board Division of Neater Quality Attn: SSO Program Manager P.O. Box 100 Sacramento, CA 95812 The SBF' must be updated every fire years, and must include any significant program changes. Re-certification by the governing board of the Enrollee is required in accordance with D.14 when significant updates to the SSMP are made. To complete the re- certification process, the Enrollee shall enter the data in the Online SSO Database and mail the form to the State hater Board, as described above. 15. The Enrollee shall comply with these requirements according to the following schedule. This time schedule does not supersede existing requirements or time schedules associated with other permits or regulatory requirements. Agenda Item 8.e. Page 24 State Wa Resources Control Board Order 1o. 2006-0003-DWQ Page 16 of 20 Statewide General WDR For Wastewater Collection Agencies 5/2!06 Sewer system Management Plan Time Schedule Task and Completion Date Associated Section Population > Population Population Population 100 ,000 between 100,000 between 10,000 2, 00 and 10 and 2 Application for Permit Coverage 6 months after IIVDs Adoption Section C Deporting Program 8 months after 1 D s Adoption' Section G SSM P Development months after �� months after 15 months after 18 months after Plan and Schedule IIDIs Adoption 2 1�IJDls Adoption vDF 1JIfDFs 2 No eiio #o Adopt Adopt Goals and O rganization Structure 1 months after 11DF s Adoption 18 months after vD s Adoption Section r) & O verflow Emergency Response Program Section D vi Legal Authority Sec D (N 24 months after vDDs Adoption p 30 months after WD Rs Adoption p � months after If Dls Adoption 39 months after 1Dls Adoption 2 O peration and Maintenance Program Section D 13 (i Grease Control Program Section D 13 vii Design and Performance Section D 13 ( y ) System Evaluation and Capacity Assurance 36 months after 89 months after 4 8 months after 51 months after Plan D vDls Adoption p vDls Adoption p vDls Adoption p vDs Adoption Section (viii) Final SSI IP, incorporating all of the SS MP requirements Section D 13 Agenda Item 8.e. Page 25 State Water Resources Control Board Order No. 2006-0003-D WO Page 17 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 1. In the event that by July 1, 2006 the Executive Director is able to execute a memorandum of agreement (M OA) with the California Water Environment Association C EA or discharger representatives outlining a strategy and time schedule for CWEA or another entity to provide statewide training on the adopted monitoring program, SSO database electronic reporting, and SSIVIP development, consistent with this Order, then the schedule of Reporting Program Section G shall be replaced with the following schedule: Deporting Program Section G Regional Boards 4, 81 8 months after 1J D s Adoption and g Regional Boards 1, 21 12 months after WDRs Adoption and p Regional Boards 5, 61 +16 months after WDRs Adoption and If this MOU is not executed by July 1, 2006, the reporting program time schedule will remain six 6 months for all regions and agency size categories. 2. In the event that the Executive Director executes the MOA identified in note 1 b July 1 # 2006, then the deadline for this task shall be extended by sic 6 months. The time schedule identified in the IIOA must be consistent with the extended time schedule provided by this mote. If the MOA is not executed by July 1, 2006, the six (6) month time extension will not be granted. E. ' DIds and sS lP 1 A1LABILITY 1. A copy of the general WDRs and the certified SSMP shall be maintained at appropriate locations (such as the Enrollee's offices, facilities, and /or Internet homepage ) and shall be available to sanitary sever system operating and maintenance personnel at all tines. F. ENTRY Y AID INSPECTION 1. The Enrollee shall allow the state or Regional Water Boards or their authorized representative, upon presentation of credentials and other documents as may be required by la, to: a. Enter upon the Enrollee's premises where a regulated facility or activity is located or conducted, or where records are dept under the conditions of this Order; b. Have access to and copy, at reasonable tunes, any records that must be dept under the conditions of this order; Agenda Item 8.e. Page 26 State Water Resources Control Board Order No. 2006-0003-DWQ Page 18 of 2 Statewide General WDR For Wastewater Collection Agencies 5/2106 c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment, practices, or operations regulated or required under this Order; and d. Sample or monitor at reasonable tunes, for the purposes of assuring compliance with this order or as otherwise authorized by the California Water code, any substances or parameters at any location. G. GENERAL MONITORING G AID REPORTING REQUIREMENTS 1. The Enrollee shall furnish to the state or Regional Water Board, within a reasonable time any information that the state or Regional Water Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The Enrollee shall also furnish to the Executive Director of the state Neater Board or Executive Officer of the applicable regional Water Board, upon request, copies of records required to be kept by this order. 2. The Enrollee shall comply with the attached Monitoring and Reporting Program Igo. 2006 -0003 and future revisions thereto, as specified by the Executive Director. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. 2006 -0003. Unless superseded by a specific enforcement Order for a specific Enrollee, these reporting requirements are intended to replace other mandatory routine written reports associated with Sss. 3. All Enrollees must obtain SSO Database accounts and receive a "Username and "Password" by registering through the California Integrated Water Quality System CIWQS . These accounts will allow controlled and secure entry into the SSD Database. Additionally, within Sodas of receiving an account and prior to recording spills into the SSO Database, all Enrollees must complete the "Collection system Questionnaire", which collects pertinent information regarding a Enrollee's collection system. The "collection System Questionnaire" must be updated at least every 12 months. 4. Pursuant to Health and safety code section 5411.5, any person who, without regard to intent or negligence, causes or permits any untreated wastewater or other waste to be discharged in or on any waters of the state, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the state, as soon as that person has knowledge of the discharge, shall i'm'mediately notify the local health officer of the discharge. Discharges of untreated or partially treated wastewater to storm drains and drainage channels, whether man -made or natural or concrete - lined, shall be reported as required above. Any SSO greater than 1 ,000 gallons discharged in or on any waters of the State, or discharged in or deposited where it is, or probably will be, discharged in or on any surface waters of the State shall also be reported to the Office of Emergency Services pursuant to California Hater code section 13271. Agenda Item 8.e. Page 27 State Water er Resources control Board order loo. 2006-0003-DWQ Page 19 of 20 Statewide General WDR For Wastewater Collection Agencies 512106 H. CHANGE IN OWNERSHIP 1. This Order is not transferable to any person or party, except after notice to the Executive Director. The Enrollee shall submit this notice in writing at least 3 days in advance of any proposed transfer. The notice must include a written agreement between the existing and new Enrollee containing a specific date for the transfer of this Order's res ponsibility and coverage between the existing Enrollee and the new Enrollee. This agreement shall include an acknowledgement that the existing Enrollee is liable for violations up to the transfer date and that the new Enrollee is liable from the transfer date forward. I. INCOMPLETE REPORTS TS 1. If an Enrollee becomes aware that it failed to submit any relevant facts in any report required under this Order, the Enrollee shall promptly submit such facts or information by formally amending the report in the online SSO Database. J. REPORT T DECLA ATIO 1. All applications, reports, or information shall be signed and certified as follows: (i) All reports required by this order and other information required by the State or Regional Water Board shall be signed and certified by a person designated, for a municipality, state, federal or other public agency, as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (ii) of this provision. (For purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement.) (ii) An individual is a duly authorized representative only if: (a) The authorization is made in writing by a person described in paragraph i of this provision; and (b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity. K. CIVIL MONETARY REMEDIES FOR DISCHARGE VIOLATIONS 1. The California Water code provides various enforcement options, including civil monetary remedies, for violations of this Order. 2. The California Water Code also provides that any person failing or refusing to furnish technical or monitoring program reports, as required under this order, or Agenda Item 8.e. Page 28 Slate Water Resources Control Board Order lo. 2006 -03 -DI Page 20 of 2 Statewide General WDR For Wastewater Collection Agencies 512106 falsifying any information provided in the technical or monitoring reports is subject to civil monetary penalties. L. SE E ABILITY 1. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be aff=ected thereby. 2. This order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission ion of any act causing injury to persons or property, nor protect the Enrollee from liability under federal, state or local laws, nor create a vested right for the Enrollee to continue the waste discharge. CERTIFICATION The undersigned Clerk to the State Water Board does hereby certify that the foregoing is a full, true, and correct copy of general WDl s duly and regularly adopted at a meeting of the State Neater resources Control Board held on May 2, 2006. AYE: Tarn M. Doduc Gerald D. Secundy NO: Arthur G. Daggett ABSENT: done ABSTAIN: None Song Her Clerk to the Board Agenda Item 8.e. Page 29 STATE DATER RESOURCES CONTROL BOARD MONITORING AND REPORTING PROGRAM 1 0.2006- 0003 -DII STATEWIDE (GENERAL WASTE DISCHARGE REQUIREMENTS UIREMEI TS FOR SANITARY SEWER SYSTE s This Monitoring and Reporting rting Program ( M RP) establishes monitoring, record beeping, reporting and public notification requirements for Order No. 2006 - 2003 -DW , "Statewide General Waste Discharge Requirements for sanitary sewer Systems." Revisions to this MRP may be made at any time by the Executive Director, and may include a reduction or increase in the monitoring and reporting. A. SANITARY SEWER OVERFLOW REPORTING SSO categories 1. Category 1 - All discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system that: A. Equal or exceed 1000 gallons, or B. Result in a discharge to a drainage channel and/or surface water; o C. Discharge to a storm drainpipe that was not fully captured and returned to the sanitary sewer system. 2. Category 2 — All Other discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system. 3. Private Lateral sewage Discharges — Sewage discharges that are caused by blockages or Other problems within a privately owned lateral. SSO Reportina Timeframe 4 Category 1 SS Os — All SS Os that meet the above criteria for Category 1 SS Os must be reported as soon as: 1 the Enrollee has knowledge of the discharge, (2) reporting is possible, and 3 reporting can be provided without substantially impeding cleanup or other emergency measures. Initial reporting of category 1 SSs must be reported to the Online SSO System as soon as possible but no later than 3 business days after the Enrollee is made aware of the SSO. Minimum information that must be contained in the 3 -day report must include all information Identified in section g below, except for item g.K. A final certified report must be completed through the Online SSO System, within 15 calendar days of the conclusion of SSO response and rernediation. Additional information may be added to the certified report, in the form of an attachment, at any time. The above reporting requirements do not preclude other emergency notification requirements and tirneframes mandated by other regulatory agencies (local Agenda Item 8.e. Page 30 Monitoring and Reporting Program No. 2006-0003-DWQ Page 2 of Statewide General WDRs for sanitary Sewer Systems 51212006 County Health Officers, local Director of Environmental Health, Regional Water Boards, or office of Emergency Services s or state later. 5 category 2 SS Os — All SS Os that meet the above criteria for Category 2 Ss Os must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the sso occurs e.g. all ssos occurring in the month of January must be entered into the database by Larch 1st). 6. Private Lateral Sewage Discharges — All sewage discharges that meet the above criteria for Private Lateral sewage discharges may be reported to the Online SS Database based upon the Enrollee's discretion. If a Private Lateral s ewage discharge is recorded in the sso Database, the Enrollee must identify the sewage discharge as occurring and caused by a private lateral,, and a responsible party (other than the Enrollee) should be Identified, if known. 7. If there are no Ssos during the calendar month, the Enrollee will provide, within 30 days after the end of each calendar month, a statement through the Online Sso Database certifying that there were no SSOs for the designated month. 3. In the event that the Sso Online Database is not available, the enrollee must fax all required information to the appropriate Regional Water Board office in accordance with the time schedules identified above. In such event, the Enrollee must also eater all required information into the Online SSO Database as soon as practical. Mandatory Information to be Included in SSo online F ep rtin All Enrollees must obtain SSo Database accounts and receive a ` U ernarne" and "Pass word" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the SSO Database. Additionally, within thirty 30 days of receiving an account and prior to record sss into the Sso Database, all Enrollees must complete the "collection System Q uestionnaire 13 , which collects pertinent 'information regarding an Enrollee's collection system. The "Collection system Questionnaire" must be updated at least every 12 months. At a minimum, the following mandatory information must be included prior to finalizing and certifying an SSO report for each category of sso: g. Category 2 SS s: A. Location of SSO by entering GPS coordinates; E. Applicable Regional Water Board, i.e. identify the region in which the Sso occurred; C. County where sso occurred; D. Whether or not the SSO entered a drainage channel and/or surface grater; E. Whether or not the SSO was discharged to a storm drain pipe that was not fully captured and returned to the sanitary sewer system; Agenda Item 8.e. Page 31 Monitoring and Reporting Program No. 2005 - 0003 -D V Statewide General WDRs for Sanitary Sewer systems Page 3 of 5 5/212000 F. Estimated SSO volume in gallons; G. SSO source manhole, clean out, etc.); H. SSO cause mainline blockage, roots, etc.); I. Time of SSO notification or discovery; J. Estimated operator arrival time; K. SSO destination; �. Estimated SSO end time; and M. SSO certification. Upon SSO Certification, the SSO Database will issue a Final SSO Identification ID Number. 10. Private Lateral Sewage Discharges: A. All information listed above if applicable and known), as well as; B . Identification of sewage discharge a s a private lateral sewage discharge; and C. responsible party contact information if known). 11. Category 1 SS s: A. All information listed for Category 2 SS s, as well as; B. Estimated SSO volume that reached surface water, drainage channel, or not recovered from a storm drain; C. Estimated SSO amount recovered; D. Response and corrective action taken; E. If samples were taken, identify which regulatory agencies received sample results if applicable). If no samples were taken, CIA must be selected. F. Parameters that samples were analyzed for if applicable); G. Identification of whether o not health warnings w ere posted; H. Beaches impacted if applicable. if no beach was impacted, NA must be selected; 1. Whether or not there is an ongoing investigation; J. Steps taken or planned to reduce, eliminate, and. prevent reoccurrence of the overflow and a schedule of major milestones for those steps; K. OES control number if applicable); L. Date OES was called if applicable); M. Time OES was called if applicable); N. Identification of whether or not county Health Officers were called; 0 . Date County Health Officer was called if applicable); and P. Time county Health Officer was called if applicable). Reporting rting t Other Regulatory _Agencie These reporting requirements do not preclude an Enrollee from reporting S8 .s to other regulatory agencies pursuant to California state law. These reporting requirements do not replace other Regional W Board telephone reporting requirements for BSs. Agenda Item 8.e. Page 32 Monitoring and Reporting Program No. 2006-0003-DWQ Page 4 of Statewide General 1I D s for Sanitary sewer Systems 5/2/20 l . The Enrollee shall report sss to OES, in accordance with California Water Code section 13271. Office of Emergency Services Phone {800} 852 -7550 2. The Enrollee shall report SS0s. to County Health officials in accordance with California Health and safety code section 5410 et seq. �. The SSO database will automatically generate an e-mail notification with customized information about the SSO upon initial reporting of the SSO and final certification for all Category 1 SSs. E -mails will b sent to the appropriate County Health Officer and Environmental Health Department if the county desires this information, and the appropriate Regional Water Board. B . Rec beeping Individual SSO records shall be maintained by the Enrollee for a minimum of five years from the date of the ss. This period may be extended when requested by a Regional Water Board Executive Officer. 3. All records shall be made available for review upon state or Regional Water Board staff's request. 4 . All 'monitoring instruments and devices that are used by the Enrollee to fulfill the prescribed 'monitoring and reporting program shall be properly maintained and cal ibrated as necessary to ensure their continued accuracy; 5. The Enrollee shall retain records of all sss, such as, but not limited to and when applicable: a. Record of Certified report, as submitted to the online SSO database; b. All original recordings for continuous monitoring instrumentation; C. service call records and complaint logs of calls received by the Enrollee; d. SSO calls; e. SSO records; f. steps that have been and will be taken to prevent the SSO from recurring and a schedule to i'mple'ment those steps. g. Work orders, work completed, and any other maintenance records from the previous 5 gears which are associated with responses and investigations of system problems related to sss; h. A list and description of complaints from customers or others from the previous 5 years; and, i. Documentation of performance and implementation 'measures for the previous 5 years. 6 . If water quality samples are required by an environmental or health regulatory agency or State law, or if voluntary 'monitoring is conducted by the Enrollee or its agent as a result of any ss, records of monitoring information shall include: Agenda Item 8.e. Page 33 Monitoring and Reporting Program No. 200 - 0003 -DWQ Page 5 of Statewide General wDRs for Sanitary Sewer Systems /2 /200 a. The date, enact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical technique or method used; and, f. The results of such analyses. C. Certification All final reports must be certified by an authorized person as required b Provision J of the Order. 2. Registration of authorized individuals, who may certify reports, will be in accordance with the CI QS' protocols for reporting. Monitoring and Reporting Program 1o. 2006 -0003 will become effective on the date of adoption by the State water Board. CERTIFICATION The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Board held on May 2, 2006. Song Her Clerk to the Board Agenda Item 8.e. Page 34 STATE OF CALIFORNIA STATE WATER RESOURCES CONTF L BOARD D ORDER NO, WQ 2008- 0002 -EXEC ADO PTIf G AMENDED MON IT RING AND REPORT I-NG - RE UIREMENTS F OR STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY Y SE III SYSTEMS The State of California, Water Resources Control Board (State Water Board ) finds: I , The State Water Board is authorized to prescribe statewide general waste discharge requirements for categories of dlscharges involve the same or s irril lar operations and the same of similar types of waste pursuant to Water Code 13263, subdivision i . 2. The Mate Water Board on May 2, 2005, adopted Statewide General Waste Discharge Requirements for Sanitary sewer Sy terns, Order No. 20 ]6- 0003 -DI , pursuant to that authority. 3. The State Water Boa rd Qn May 2, 2005, adapted Monitoring -and F eporting - F e U_ i rements to irnpieme nt. the General Waste Discharge Req u1rernents for Sanitary Sewer Systems. 4. Mate Water Board Order No. 2006 - 0003 -D111 , paragraph C.2, and the Monitoring and Rep r ng Requirements both provide that the Executive Director may modify the terms of the Monitoring and Reporting Requirements uirements at any tire. 5. The time allowed in those Monitoring and Reporting Requirements uirements for the filing of the initial report of an overflow is too long to adequately protect the public health and safety or the beneficial uses of the waters ofthe state when there is a sewage collection system spill, An additional notification requ irerndnt is necessary -and appropriate to ensure the Office of Emergency Services, local public health officials, and the applicable regional grater quality control board ate apprised of a spill that reaches a drainage channel or surface water. 5. Further, the burden of providing a notification as soon as possible is de minimis and will .allow response agencies to take action as soon as possible to protect public health and safety and beneficial uses of the waters of the state. IT IS HEREBY 1RD E E D THAT: Pursuant to th authority delegated by Resolution No. 2002 -0104 and Order loo. 2006-0003-. DWQ,, the Monitodng and Reporting Requirements for Statewide General Waste Discharge Requirements for Sanitary Sewer Systems No. 2006-0003-D is hereby amended as shown in Attachment A, with new text indicated by double- dnderiine. Dorothy Ri Ececutive rector ■%.v■■■ v.v■ Page 35 ATTACHMENTA STATE WATER RESOURCES CONTROL BOARD MONITORING AND REPORTING PROGRAM NO, 2 = 3-Dw EVISEO BY!DRr)FR NO, 1AS R & STATEWIDE GENERAL WASTE DISCHARGE REQUIREMENTS FOR SANITARY SEWER SYSTEMS This Monitoring and _Reporting Program (MRP) establishes monitoring - , record keeping, rep orting and public notification requirements for' Order No. 2 o - 2og3 -DW , "State wide General Waste Discharge. Requirements for Sanitary Sear Systems. Revisions to this 1 1RP may be made at any time by the Executive Director, may ay include a reduction or increase in the monitoring and reporting. As SANITARY ITARI SEWER OVERFLOW REPORTING sso Categ-orles , ■ * Category 1 - All discharges of sewage resulting from a failure in the Enrollee's sanitary sewer system that: A. Equal or exceed 1000 gallons, or B. Result in a discharge to a drainage channel and/or surface water; or C. Discharge to a storm drainpipe that was not fully captured and returned to the sanitary sewer system. genaa item ts.e. Page 36 Monitoring and Reporfing P rogram rye. 200643003-DWQ Page 2 of State Wde General WD Rs for sanitary Semr S 't Revised 0212012008 2. Category 2 -- A l other discharges of sewage. resulting from a failure in the Enrollee's sanitary sewer system. 3. Private Lateral Sewage Discharges — Sewage discharges that are caused b y blockages or other problems within a privately o wned lateral. SS Fie � rti Tian rarrm 4 . Category 1 SS Os —Except as provided above, ail SS Os that meet the above criteria for Category 1 SS Os must be reported as soon as: 1 the Enrollee has knowledge of the discharge, 2 reporting is possible, and - (3). reporting can be provided Without substantially impeding cleanup or other emergency - measures. Initial reporng of category 1 SSs must be reported to the Online SSO System as soon as - possible but no later t han 3 business days after the Enrollee is made aware of the SSO. Minimum information that must be contained in the 3 -day report must include all' information identified in section g below, except for item 9.K. A final certified report must be completed through the Online SSO System, within 1. 5 calendar days of the'conclusion of SSO response and remediation. Additional information may be Added to the certified report, in the form of a attachment, at any time. The above reporting requirements are in addition to do not preclude other er ergency notification requirements and timetmmes mandated by other regulatory agencies (local county Health Officers, local Director of Environmental [health, Regional Water Boards, or Office of Emergency Services S or State law. 5 . Category 2 SS — All SS Os that meet the above criteria for Category 2 SS must be reported to the Online SSO Database within 30 days after the end of the calendar month in which the S80 occurs e.g. all SSs occurr"ng in the month of January must be entered into the database by Larch 1st). 6. Private Lateral Sewage Discharges — All sewage discharges that meet the above. criteria for Private Lateral sewage discharges may be reported to the Online SSO Database based upon the Enrollee's discretion. if a Private Lateral sewage discharge is recorded in the SS . Database, the Enrollee must identify the . sewage discharge as occurring and caused by a private. lateral, and a responsible party (other than the Enrollee) shouId be idenied, if lnown. 7. If there are no SS Os during - the calendar month, the Enrollee will provide, within 30 days after the end of each calendar month, a statement through the Online SSO Database certifying that there were no SS Os for the .designated month. 8. In the event that the SSO Online Database is not available, the enrollee must fa all required Information to the appropriate Regional Water Board office in ■%.v■■■ v.v■ Page 37 Monitoring and Reporting Program Igo. 200643 03-DWO starte i e General WDRs for san ary. sewer Systems Page 3 of Revised ed 2IM2008 accordance with the time schedules identified above-. In such evert, the Enrollee must also enter all required information into the online SSO Database as soon as practical. Mandatory information to be Included Ire'sso online Repo rtin All Enrollees must obtain SSo Database accounts and receive " em 6" and "Password" by registering through the California Integrated Water Quality System (CIWQS). These accounts will allow controlled and secure entry into the - SS Database. Additionally, within thirty o days of receiving an account and prior to recording SSs into the SSo Database, all Enrollees must complete the "Collection System ue tionnaire% which collects pertinent information regardl g an Enrollee's collection system. The "collection System Questionnaire" must be updated at least every 12 months. At a minimum, , the following mandatory information must be included prior to finalizing and certifying an SS - report for each category of SS : - g. Category 2 SSs: A. - Location of SSO by entering GPS coordinates; E. Applicable Regional Water Board, i.e. identify the region in which the SSO occurred; C. County where SSo occurred; D. Whether or not the SSO entered a drainage channel and/or surface water; E. Whether or not the SS .elms discharged to a storm drain pipe that was not fully captured and returned to the - sanitary seer system; 'F. Estimated Sso volume in gallons; .G. SSO source. (manhole, cleanout, etc.; H. SSO cause (mainline blockage, roots, 6tc.); I. Time of SSO notification or discovery; J. Est mated operator arri val time; K. i SSO destination;. L. Estimated SSO and t1ime; and M. SSo certification. Upon' SSO Certification, the SS O. Database will issue a Final SSO Identification ID Number. 10. Private Lateral Sewage Discharges: A. All information listed above ' (if applicable and known), as well as; B. Identification of sewage discharge as a private lateral sewage discharge; and C. Responsible party contact information if known). ■%.v■■■ v.v■ Page 38 Monitonng and Reporfing Program No. 2006 - DID StatevAde General WDRs The Sanitary mower Syst rns l 1 . category -1 SS s: . Page {4 of Revised 02/20/2008' A. All information listed for Category 2 SS s, as well as; B. Estimated SSO volume that reached surface water, drainage -channel, or not recovered fr&n a storm drain; C. Estimated SSO amount recovered; D. Response and corrective action talent E. if samples were taken,, identify which regulatory agencies received sample results If applicable). if no samples werelaken, NA must be selected. F. Parameters that samples were analyzed for if applicable); G. Identification- of whether or not health warnings were posted; H. Beaches impacted if applicable ..If no beach was impacted, NA must be selected; 1. Whether or not there is art ongoing investigation; J. Steps taken or planned to reduce, eliminate, and - revent reoccurrence of the overflo w and a .schedule of major milestones for those steps; K. OES control number if ; L. Date OES was called (if applicable); M. Time O ES was called if applicable); N. Identification of whether or not County He Ith dicers were called; 0. Date County Health Officer was called if applicable); and P. Time county Health Officer was called if applicable. Reporting-to other Reaulatory Agencies These reporting re tuirements do not preclude an Enrollee from *reporting SS Os t o other regulatory agencies pursuant California state law. These reporting requirements do not replace other Regional Water Board telephone reporting requirements - for SS Os. 1. The Enrollee shall report SS Os to OES, in accordance with California Water Code Section 13271. Office of Emergency Services Phone (800) 852 -7550 2. The Enrollee shall report SSs to County Hea officials in accordance with California. Health and Safety Code Section 541 et seq. 3. The SSO database will automatically generate an e-mail notification with customized information about the SSO capon initial reporting of tyre S SO and final certification for all Category I SS s. E -mails will be sent to the appropriate County Health Officer and/or Environmental Health Department ff the county desir this information, and the appropriate Re Wat6r hoard. genaa item ts.e. Page 39 Monhoning and ReporUng Program No. 2006 - 0003 -DWG Statewide General WDRs for sanitary sewer Systems Page 5 of Revised 0212012008 B. Record Ord Keeping 1. Individual SSo records shall be maintained by the Enrollee for a minimum of five y ears from the date of the SS O. Th is ' period may be extended when requested by a Regional Water Board Executive Offloer. 3. All records shall be made available for review upon State or Regional- later Board staffs request. 4. All monitoring instruments and devices that are used by the Enrollee to. futfiill .the prescribed monitoring and reporting program shall be , properly maintained and calibrated as necessary to ensure their continued accuracy; 5. The Enrollee shall retain records of all SS s, such as, but not,. limited t6and when applicable: a. Record of Certified report, as submitted to the online SSO database; . All original recordings for continuous monitodng instrumentation; C Service call records and com faint- logs of calls received b the Enrollee; d. SSO calls; e. SSO records; f. Steps that have been and will be taken to prevent the SSO from recurring and a schedule to implement those steps# g. Work Orders, work d ompleted, and any other maintenance records from the previous 5 gears which are associated with responses and investigations of system problems related to Ss s; h. A list and description -of complaints from' custorners or others from the. previous 5 years; and L Documentation of performance and implementation measures for the previous 5 years. 6. If water quality samples are required by an environmental or health regulatory agency or State laver, or if voluntary monitoring i conducted by the Enrollee or its. g c agent(s), as a result of -any SS O, records of monitoring information shall include: a. - The date, exact place, and time -of sampling or measurements; b. The individual(s) who performed the sampling or measurements; C. The dates analyses were performed; d. The individuals who performed the analyses; e. The analytical technique or method used; and, f. The results of such analyses. ■..v■■■ v.v■ Page 40 n t_. +ng and Reporting Program No. 2006-0003-DWQ Page 6 of tatevAde Genera! I D s for San ftM Sewer Systems Re i ed 02/20/2008 C, certification 1. All final reports must be certified by an authorized person as required by Provision J of the Order. .-2. Registration of authorized individuals, who may certify reports, will be in accordance with the CIWS' protocols for reporting. Monitoring and Reporting Program No. 2006 -0003 will become effective on the date of adoption by the Mate Water Board. i r No. - WQ 2008-0002-EXEC - Wi 11 bemme effecdve U DQD issuanaelz the Execut CERTIFICATION The undersigned C le rk to the Board does hereby certify that'the forego! ng is a full, true, and correct copy of an order amended by the Executive Director of the Mate Water Board. Jea e Townsend clnrw #o the Board genaa item ts.e. Page 41 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.e. Page 42 F� RO INCORPORATED 7. IV 3 rM JULY 10 1911 Cki I" F MEMORAN TO: CITY COUNCIL FROM: DOUG PERF IN, DIRECTOR OF RECREATION AND MAINTENANCE ANCE SERVICES 49 SUBJECT: CONSIDERATION OF ADOPTION O AN ORDINANCE ADDING CHAPTER 5.90 TO TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING BINGO AND REMOTE CALLER BINGO GAMES GATE: JULY 1 39 201 RECOMMENDATION: It is recommended the City Council adopt an Ordinance adding Chapter 5 .90 to Title o f the Arroyo Grande Municipal Code related to bingo and remote caller bingo games. FINANCIAL IMPACT: No financial impact. BACKGROUND: Many charities, such as churches, senior citizens clubs, athletic boosters and social organizations, have traditionally used bingo to generate funds. The City currently has n provisions regulating bingo games. Staff is recommending that the City Council adopt a new Ordinance amending the Arroyo Grande Municipal Code to authorize both traditional and remote caller bingo At its June 22, 2010 meeting, the City Council introduced an Ordinance to add Chapter 5 .90 to Title 5 of the City o Arroyo Grande's Municipal Code. The new Chapter will add provisions allowing ing for traditional bingo and remote caller bingo w ithin the City's limits. In addition, the Ordinance defines the types of tax exempt charitable organizations and foundations that are eligible to host games and establishes Administrative Services as the Department responsible for licensing. Included in the Ordinance are guidelines for the application process and contents to be included in the license issued to successful applicants. ANALYSIS OF ISSUES: The City of Arroyo Grande has no provisions in its Municipal Code to allow for bingo of any sort. Because the City has no existing bingo ordinance, any games that may be currently operating within the City's limits are in violation of the City's Municipal Code. The attached Ordinance will legalize bingo using either traditional or remote caller methods. Agenda Item 8.f. Page 1 CITY COUNCIL ADOPTION OF AN ORDINANCE ADDING CHAPTER 5.90 TO TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING BINGO AND REMOTE CALLER BINGO GAMES JULY 13, 2010 PAGE 2 Key provisions included in the City's Municipal Code require that the interested nonprofits acknowledge the requirements to comply with Penal Code Section 326.3 relating to licensing requirements for remote caller bingo. That statute imposes a series of regulations on remote caller bingo operators, including special licensing requirements and oversight by the California Gambling Control Commission. There is a limit on the number of remote caller bingo games. A licensee may not conduct remote caller bingo games on more than two days during any week, except that a licensee may held one additional game, at its election, in each calendar quarter. The Ordinance also caps the prize limit at $500. ALTERNATIVES: ES: The following alternatives are provided for the City Council's consideration Adopt an Ordinance adding Chapter 5 .90 to Title 5 the Arroyo Grande Municipal Code regarding bingo and remote caller bingo games; 0 Continue consideration of the Ordinance; Do not adopt the Ordinance and retain Title 5 in its current form; or Provide direction to staff. ADVANTAGES: Amending the Arroyo Grande Municipal Code to include language allowing for bingo games both traditional and remote caller, will provide a safe, enjoyable opportunity for local non - profit organizations to generate revenue. Additionally, the Children In Motion Subcommittee is exploring methods through which charitable organizations conducting bingo games can help sponsor, through donations, the Children In Motion program. Otherwise, other community needs could be identified as potential beneficiaries of this fundraising opportunity. DISADVANTAGES: Some residents may object to bingo since it is a form of gambling. ENVIRONMENTAL TAL I E IE1I : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, July 8, 2010 and on the City's website on Friday, July 9, 2010. No public comments were received. Agenda Item 8.f. Page 2 ORDINANCE N. AN ORDINANCE of THE CITY COUNCIL of THE CITY OF ARROYO GRANDE ADDING CHAPTER 5.90 To TITLE 5 of THE ARROYO GRANDE MUNICIPAL CODE REGARDING BINGO AND REMOTE CALLER BINGO GAMES WHEREAS, nonprofit organizations provide important and essential educational, philanthropic, and social services to the community; and WHEREAS, there is a need to provide methods of fundraising for nonprofit organizations to enable therm to provide these essential services; and WHEREAS, historically many nonprofit organizations have used charitable bingo as one of their key fundraising strategies to promote the mission of the charity; and WHEREAS, lender Article IV, section 19 of the California constitution and Penal code section 326.5, cities may enact ordinances authorizing bingo games provided they are conducted by specified organizations in a manner consistent with Penal code section 326.5; and WHEREAS, in addition, recently the California Legislature has enacted Penal code Section 326.3, authorizing local agencies to allow remote caller bingo games within the agencies jurisdiction so long as the agency adopts an ordinance under Article I, Section 19 of the California constitution permitting remote caller bingo to be played and conducted only in accordance with applicable provisions of the Penal code; and WHEREAS, The city council has determined that it is appropriate to adopt an ordinance in the City of Arroyo Grande to authorize bingo games and remote caller bingo game pursuant to the authority in the California Constitution and the Penal Code. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. chapter 5 .90 is hereby added to Title 5 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. Agenda Item 8.f. Page 3 ORDINANCE NO. PAGE 2 SECTION 3. A summary of this ordinance shall be published in a ne wspaper 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 Cit Council Members voting for and against the Ordinance shall be published again, and the city Clerk shall post a certified copy of the fall tent of such adopted ordinance. SECTION 4. This ordinance shall take effect thirty days after its adoption. O motion by Council Member : seconded by council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2010. Agenda Item 8.f. Page 4 ORDINANCE N* PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY I ETM RE, CITY CLERK{ APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARREL, CITY ATTORNEY Agenda Item 8.f. Page 5 ORDINANCE CE o* PAGE EXHIBIT A CHAPTER 5.90 BINGO CAVES Sections. 5.90.0 10 Bingo defined. 5.90.020 License- Eligible organizations. 6.90.080 Application contents. 6.90.040 License Issuance and contents. 5.96.060 License Denial. 6.90.060 License -Revocation. 5.99.676 Appeals. 5.99.680 Reapplication following license revocation. 6.99.090 Maximum amount of prize. 5.99.100 Profits to be kept in separate fund or account. 5.90.119 Financial interest in licensee only. 5.99.120 Exclusive operation by licensee. 6.90.180 open to public. 5.90.140 Attendance limited to occupancy capacity. 5.90.169 Game only on licensee's property. 6.90.160 Minors prohibited. 5.90.170 Intoxicated persons prohibited. 6.90.180 Hours of operation. 6.96.1 90 Participant must be present. 5.90.200 Receipt of profit by unauthorized person unlawful. 5.90.21 o city may enjoin violation. 5.90.220 Remote caller Bingo games 6.90.280 Qualified organiation /Remote Caller Bingo licenses 5.99.240 Remote caller Bingo Incense application and fee 5.99.250 Remote Caller Bingo license application verification 5.99.260 Annual Remote Caller Bingo licenses 6.96.270 Remote Caller Bingo license conditions 5.90.286 Penalty 5.90.010 Bingo defined. As used in this chapter, "bingo" means a game of chance In which prizes are a warded on the basis of designated numbers or symbols that are marked or covered by the player on a card in the player's possession that conforms to numbers or symbols selected at random and announced by a live caller. The game of bingo also includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards may not be known prior to the game by any person participating in the playing or operation of the bingo game. only a covered or - narked card possessed by a player and presented to an attendant may be used to claim a prize. Agenda Item 8.f. Page 6 ORDINANCE No. PAGE 5.90.020 License - Eligible organizations. The following organizations are eligible to apply to the City of Arroyo Grande for a license to conduct bingo games In the City under provisions of this chapter and Penal Code section 326.5, provided that the proceeds or profits of such games, as applicable, are used only for charitable purposes: A. organizations exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701w, or 237011 of the Revenue and Taxation code; B. Mobile home park associations; C. Senior citizen organizations; and D. Charitable organizations affiliated with a school district. 5,90.030 Application-wContents. A. Eligible organizations desiring to obtain a bingo license rust file an application in writing with the Administrative services office. The application must, at minimum, contain the following: 1. The name of the applicant organization and a statement that applicant is an eligible organization under section 5.9.02; 2. The name and signature of at least two officers of the applicant organization; 3. The particular property within the City including the street number, owned or leased by the applicant, used by such applicant for a n office or for performance of the purposes for which the applicant is organized, on which property all bingo games will be conducted, together with the occupancy capacity of such place; 4. Proposed days of week and hours of day for the conduct of bingo games; 5. A description of the type of bingo games to be conducted; 6. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Penal Code section 326.5 and this chapter as it may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the City upon violation of any of such provisions. B. The application must be signed by the applicant under penalty of perjury. C. The following items must be submitted with the application: 1. The license fee; such fee shall be established by City Council resolution and shall not exceed $50, as permitted by Penal code section 326.5. 2. A diagram of the room to be used to conduct bingo showing the layout of tables and all exits. 3. if applicable, a certificate or determination of exemption or other proof of the organization's exemption under the Revenue and Taxation code sections referred to in section .9.02.A. 5.90.040 License - issuance and contents. Upon being satisfied that the applicant is eligible to conduct bingo games in the City, the City Manager or his or her designee may issue a license to the applicant that, at minimum, contains the following information: A. The name and nature of the organization issued the license. Agenda Item 8.f. Page 7 ORDINANCE No. PAGE B. The address where bingo games are authorized to be conducted. C. The occupancy capacity of the room in which bingo games are to be conducted. D. The date of the expiration of such license, which will be: 1. For eligible organizations under subsections A and D of section 5.90.020, one year from the date of issuance. 2. For eligible organizations under subsections B and C of section 5.90.020, three years from the date of issuance. E. such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. 5.90.050 License- Denial. Pursuant to Penal Code section 326.5, if an application for a license is denied, one-half of any license fee paid will be refunded to the organization. 5.90.080 License-Revocation A. If a licensee is conducting a bingo game in violation of any of the provisions of this chapter or Penal code section 326.5, the license may be revoked. The licensee shall be provided a statement of the grounds for the revocation and informed that it shall have fourteen calendar days from the date of service of such notice to request a hearing before the city Manager or his or her designee regarding such revocation. Failure to request in writing such a hearing within the fourteen days shall result in revocation of the license. Upon revocation, the licensee shall be notified of such fact by depositing in the United states mail a notice directed to the licensee at the address given in the application. In the event a hearing is requested, the licensee shell be given at least ten calendar days written notice of the date of the hearing. At the hearing, the licensee or its authorized representative shall have the right to present evidence, a written or oral argument, or both. All such testimony, whether written or oral, shall be given under penalty of perjury. At the conclusion of the hearing, the city Manager or his or her designee shall make findings supporting his or her decision as to whether the license should be revoked. B. Any organization whose license is revoked under this section may not conduct any bingo game in the City until such time as the determination to revoke the license is overruled on appeal. 5.90.070 Appeals. Any person aggrieved by a decision to deny, revoke or refuse to renew a bingo license may appeal such decision to the city Council in the manner provided by section 1.1 .01 o of this Code. 5.90.080 Reapplication n following license revocation. Any organization whose license is revoked may not reapply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted Agenda Item 8.f. Page 8 ORDINANCE No. PAGE under the appropriate Revenue and Taxation code section set forth in section 5.90.020.A, such organization may again apply for a license upon proof of reinstatement of the exemption. 5.90.090 Maximum amount unt f prize. The total value of prizes awarded during the conduct of any bingo games may not exceed oo in cash or kind, or both, for each separate game which is field. 5.90.100 Profits to be dept in separate fund or account. All profits or proceeds derived from a bingo game must be dept and used in the manner prescribed by Penal Code section 326.5. The licensee must keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games that are authorized by this chapter. The city, by and through its authorized officers or agents, has the right to examine and audit such record at any reasonable time and the licensee must fully cooperate with the city in making such record available. 5.99.11 Financial interest in licensee only# No individual, corporation, partnership or other legal entity except the licensee may hold a financial interest in the conduct of any bingo game. 5.90.120 Exclusive operation by licensee. A bingo game must be operated and staffed only by members of the licensee organization. such members may not receive a profit, gage or salary from any bingo game. The licensee may, however, employ security personnel to provide security services at bingo games and pay for such personnel from game proceeds. Only the licensee may operate a bingo game and participate in the promotion, supervision or any other phase of such game. 5.90.130 open to public. All bingo games must be open to the public, not just to the members of the licensee organization. 5.90 *740 Attendance limited to occupancy capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game is limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building official of the city. A licensee may not reserve seats or space for any person. 5.90.1 Game only on licensee's property In accordance with Penal Code section 326.5, a licensee may conduct a bingo game only on pro perty owned or leased by it, or property whose use is donated to the organization, and which property is used by such organization for an office or for Agenda Item 8.f. Page 9 ORDINANCE ISO. PAGE 8 performance of the purposes for which the organization is organized. The license issued under this chapter authorizes the licensee to conduct bingo games only on such property, the address of which is stated in the application. The license must be prominently displayed on the property where the bingo games are conducted and must be presented immediately upon demand by a law enforcement officer or other authorized agent of the city. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license will automatically terminate and have no further force or effect. A new license may be obtained -by an eligible Organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this section will be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. 5.90.1 60 Minors prohibited. No person under the age of 18 years may be allowed to participate in any bingo game. 5.90.1 70 Intoxicated persons prohibited No person who is obviously intoxicated may be allowed to participate in a bingo game. 5.90.180 Hours Of Operation. No licensee may conduct any bingo games more than sic hours out of any twenty-four - hour period. In addition, no bingo game may be conducted before ten a.m. nor after two a.m. of any day. 5.30.130 Participant must be present. No person may be allowed to participate in a bingo game unless the person is physically present at the time and place its which the bingo game is being conducted. 5.90.200 Receipt Of profit by unauthorized person unlawful. Except for security personnel as provided in Section 5.90.120, it is a misdemeanor under Penal Code section 326.5(b) for any person to receive a profit, wage or salary from any bingo game authorized under this chapter. Such a violation is punishable by a fine not to exceed $10,000, which fine, upon payment, will be deposited in the general fund of the city. 5.90.210 city may enjoin violation. The City may bring an action to enjoin any violation of Penal code section 326.5 or of this cha pter. Agenda Item 8.f. Page 10 ORDINANCE ICE 1 . PAGE 5.90.220 Remote to caller Bingo games Notwithstanding tanding any other provision of this chapter, Remote caller Bingo may be lawfully played in the city of Arroyo Grande pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code, and sections 5.90.230 through 5.90.270 of this chapter, and not otherwise. 5.90.230 Qualified organ izations /F errs to caller Bingo licenses A qualified organization, as set forth in Penal Code section 326.3, shall be permitted to obtain a Remote Caller Bingo license pursuant to this chapter if: A. The organization has been incorporated or in existence for three years or more; and B. The organization possesses a valid license pursuant to section 5.90.040 of this chapter; and C. The receipts of Remote caller Bingo games shall be used only for charitable purposes; and D. The operation of bingo is not the primary purpose for which the organization is organized. 5.90.240 Remote caller Bingo license application and fee An application for a license to conduct Remote caller Bingo games shall be in a form prescribed by the city Manager or his or her designee and shall be accompanied by a nonrefundable filing fee in an amount determined by resolution of the City Council from time to time. The following documentation shall be attached to the application, as applicable (a) certificate issued by the Franchise Tax Board certifying that the applicant is exempt from the payment of the Bank and corporation Tax pursuant to Section 23701 d of the Revenue and Taxation Code. ( b) Other evidence as the City Manager or his or her designee determines is necessary to verify that the applicant is a duly organized mobile home park association of a mobile hone park situated in the city. To the extent possible the City Manager or his or her designee shall integrate the process for obtaining a Remote Caller Bingo license with the process for obtaining the license in Section 5.90.040. 5.30.250 Remote to caller Bingo license application verification The Remote Caller Bingo license shall not be issued until the City Manager or his or her designee has verified the facts stated in the application and determined that the applicant is qualified. 5.90.260 Annual Remote to caller bingo licenses A Remote Caller Bingo license issued pursuant to this chapter small be valid until the end of the calendar year, at which time the license shall expire. A new Remote caller Bingo license shall only be obtained upon filing a new application and payment of the license fee. The fact that a license has been issued to an applicant creates no vested right on Agenda Item 8.f. Page 11 ORDINANCE CVO. PAGE 1 the part of the licensee to continue to offer bingo for play. The city council expressly reserves the right to amend or repeal this chapter at any time. If this chapter is repealed, all Remote Caller Bingo licenses issues pursuant to this chapter shall cease to be effective for any purpose on the effective date of the repeal. 5.90.270 Remote Caller Bingo license conditions A. Any Demote Caller Bingo license issued pursuant to this chapter shall be subject to the conditions contained in sections 326.3 and 326.4 of the Penal code, and each licensee shall comply with the requirements of those provisions. B. Each Remote caller Bingo license issued pursuant to this article shall be subject to the following additional conditions: (1) Bingo games shall not be conducted by any licensee on more than two days during any creek, except that a licensee may hold one additional game, at its election, in each calendar quarter. (2) The licensed organization is responsible for ensuring that the conditions of this chapter and sections 326.3 and 326.4 of the Penal code are complied with by the organization and its officers and members. A violation of any one or more of those conditions or provisions shall constitute cause for the revocation of the organization's Remote Caller Bingo license. Revocations tion and their appeals shall be governed by the same procedures contained in Section 5.90.060. 5.90.280 Penalty. It is unlawful for any person to violate any of the provisions of this chapter. Any violation of any provision of this chapter other than violations of Section 326.5 of the Penal code shall constitute a misdemeanor. Agenda Item 8.f. Page 12 OtROY C] Fn JULY 10. ,Q%1 0 9% T: CITY COUNCIL MEMORANDUM FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE ANCE SERVICES 0. P. Y: MIDGE LINN, ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE ELM STREET COMMUNITY CENTER ADA RETROFIT PROJECT, PW 2009 -1 DATE: JULY 135 2010 RECOMMENDATION: It is recommended the City Council: 1. accept the project improvements as constructed by Spiess Construction Company, Inc. in a with the plans and specifications for the Elm Street Community Center ADA Retrofit fit project; 2. approve an appropriation o f $6,082 from the Community F e re tin Center Impact Fund Fund 215); 3. direct staff to file a Notice of Completion; and 4 authorize release of the retention, thirty- 3 days after the Notice of Completion has been recorded, if no liens have been filed. FINANCIAL IMPACT: The amended Capital Improvement Program budget included $118,680 in Community Development Block Grants CDBG for ADA compliance upgrades to the Elm Street Community Center. Council authorized $87,736 for the construction of the project ($79,760 construction contract + $7,976 for contingencies). The total cost of the project; including all design ($23,000), construction ($95,588), contract administration ($3,889), portable toilets {$1 and miscellaneous $1,1 is $124',762. Staff recommends mend the overage be funded from the Community Recreation Center Impact Fund. The existing balance is approximately $43,450. On February 9, 2010, the City Council awarded a construction contract to Spiess Construction Co. Inc. to construct Phase I ADA upgrades for the Elm Street Communit Center. The Phase I scope o f work included improvements to the existing parking lot, exterior warlkway and building components to nform to current ADA code Agenda Item 8.g. Page 1 CITY COUNCIL CONSIDERATION of ACCEPTANCE of THE ELM STREET COMMUNITY ITY CENTER ADA RETROFIT PROJECT, ECT, PW 2009 -1 LILY 13, 2010 PAGE 2 requirements. ADA improvements to the building interior, including re troorn and access upgrades, will be constructed as a future project phase as grant funds become available. ANALYSIS of ISSUES: The contractor has completed the work in accordance with the approved plans and specifications. During a site visit near contract completion, the architect determined that the front entry steps to the building and a deer installed at the rear of the building had not been constructed to current ADA standards. Staff negotiated the appropriate changes with the contractor and directed the corrective actions necessary to ensure compliance. However, the performance of the corrective work caused the project contingencies to be exceeded by $7,852.83. Staff requests a transfer of $6,082 from the recreation Community enter Impact Fund to corer the additional costs. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations; Do not accept the project; - Accept the project, but do not authorize release of retention; or - Provide direction to staff. ADVANTAGES: The project is omplete. Accepting the improvements will allow staff to closeout the project and designate the remaining funds for other projects. DISADVANTAGES: The disadvantage of accepting the improvements would be if subsequent deficiencies in the work were identified. However, the contract documents include a one -year warranty period for the contractor to address any construction defects that may arise. ENVIRONMENTAL RE 1 E ' : The project is categorically exempt from CE QA pursuant to Section 15301 . PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hell on Thursday, July 8, 2010. The Agenda and report were posted on the City's website on Friday, July 9, 2010. No public comments were received. Attachment: 1 . Notice of Completion Agenda Item 8.g. Page 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO G RANDE P.O. BOX 550 ARROYO GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN WHAT: ATTACHMENT 'I 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 OViNER is: The Ci r ofA rrgyo Gra 3 . The FULL ADDRESS of the OWNER is; 2 East Branch Street, Arroyo Gr n e, 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 are: NAMES ADDRESSES ■' 6 . THE FULL NAIVES 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 ore 7 . All work of improvement on the property hereinafter d s rib d was COMPLETED � 1 9 . The NAME OF THE ORIGINAL CONTRACTOR if any, for such work of improvement is: less Construction 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 o f California, and is described as follows: E Street R ecreation Center R etro it Prpject, P W 2009 -1 _ Verification of NON -I DI IDU L owner: I, the undersigned, declare under penalty of perjury under the laws of the State o f California that I a n the Director of Recreation and Maintenance Services 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. Doug Perrin, Director of Recreation and Maintenance Services July 14, 20 10, Arroyo Grande, California -- END OF DOCUMENT __ Agenda Item 8.g. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.g. Page 4 RO INCORPORAim 4t JULY 10. 1011 To: CITY COUNCIL MEMORANDUM FROM: TER ESA McCLISH D I i1� UNITY DEVELOPMENT DIF ECT ) �r . BY: MIKE LIN , ASSISTANT CITY ENGINEER SUBJECT: CONSIDERATION CAF ACCEPTANCE O THE PEARWOOD AVENUE REHABILITATION N PROJ ECT, PIS 201 0w03 DATE: JULY 13 201 RECOMMENDATION; It is recommended the City Council: 1. accept the project improvements as constructed by Ferra anti Grading and Paving in accordance with the plans and specifications for the Pearwood Avenue Rehabilitation Project; 2. direct staff to file a Notice of Completion; and 3. authorize release of the retention, thirty -five 3 days after the Notice of Completion has been recorded if no Clans have been filed. FINANCIAL IMPACT: The capital Improvement Budget included $123,550 for the design and construction of the Pearwood Avenue Rehabilitation Project. The actual total construction project cost, including authorized construction changes, is $100,445. The total cost of the project, including all design, construction, contract administration and testing costs is approximately $110 B ACKGROUND : O n April 27, 2010, Council awarded a construction contract for the Pearwood Avenue Rehabilitation Project to Ferravanti Grading and Paving for $9 and authorized the City Manager to approve change orders in the amount of $9,890. The project scope of the work involved isolated repairs to the roadway subgrarde (dig - outs) taper grinding adjacent to the gutter line, and the installation of a two inch asphalt concrete overlay. ANALYSIS OF ISSUES: The contractor has completed the work in accordance with the approved plans and specifications. There are no outstanding issues. Agenda Item 8.h. Page 1 CITY COUNCIL CONSIDERATION OF ACCEPTANCE OF THE PEAR WOOD AVENUE REHABILITATION ILITATIOI PROJECT PW 2010-03 JULY 13 1 PAGE 2 ALTERNATIVES: 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. ADVANTAGES: TAGES: The project is complete. Accepting the improvements will allow staff to close out the project and designate the remaining funds for other projects. DISADVANTAGES: The disadvantage of accepting the improvements w ould be if subsequent deficiencies in the work are identified. Ho wever, the contract documents include a one -year warranty period for the contractor to address any construction defects that may arise. ENVIRONMENTAL REVIEW: The project 1s categorically exempt from CEA pursuant to section 15301 . PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, July 8, 2010. The Agenda and report were posted on the City's website on Friday, .July g, 201-0. No public c omments were received. Attachment: 1. Notice of Completion Agenda Item 8.h. Page 2 RECORDING REQUESTED B AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE P.O. BOX ARROYO GRANDE, C A 93421 ATTACHMENT NO. 1 NOTICE OF COMPLETION NOTICE E IS HEREBY GIVEN THAT: 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 NAME of the OWNER is: The 04y oLArroyo Grande 3. The FULL ADDRESS of the OWNER is: 214 East Branch Street Arroyo Grande Califor 93420 4.. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in Lee 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 are: NAMES ADDRESSES Nora 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of th nd rsigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None All work of improvement on the property hereinafter described was COMPLETED .,Tune 1 2010 4 , 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Ferravand Grading and Davin 9. The street address of said property is: None 10. The property on which said work of improvement v as completed is in the City of Arroyo Grande, County of Sari Luis Obispo, State of California, and is described as follows: Pear wood Avenue Rehabilitation Proj ect, F W 2010-03 Verification f NON-INDIVIDUAL owner: f, the undersigned, declare under penalty of penury under the laws of the State of California that I a the Director f Parks, Recreation and Facilities of the aforesaid interest or estate in the property described in the above no 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 McClish, Conununity Development Director %. July 1, 2010, Arroyo Grande, California -- END OF DOCUMENT -- Agenda Item 8.h. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.h. Page 4 ROy INCORPORATE V JULY 1 ° , ' o `# MEMORANDUM M 4LI To: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER 5f� SUBJECT: CONSIDERATION of AGREEMENTS EEMENTS To PROVIDE PEI SONNEL AND ADMINISTRATION SERVICES To THE FIVE CITIES FIRE JOINT POWERS AUTHORITY DATE: JULY 13, 20'10 RECOMMENDATION: It is recommended the City Council: 1 approve a n Agreement with the Five Cities Fire Joint Powers Authority (Authority) to provide fire personnel; and 2 approve an Agreement with the Authority to provide administration services. FINANCIAL IMPACT: Approval of the formation of the Authority resulted in an overall annual increase of approximately $5,800 to the City of Arroyo Grande in FY 2010-11, which assumed execution of these two agreements and associated revenues. Ho wever, it is estimated to result in significant future savings. The Agreement for fire personnel does not result in a cost impact to the City. The Agreement for administration services is projected to result in approximately $25,000 in revenue to the City. BACKGR At the June 8, 201 meeting, the City Council approved a Joint Exercise of Po Agreement with the City of Grover Beach and Oceano Community Services District ( OCSD) to form the Authority for the provision o f joint fire services. The Joint Exercise of Powers Agreement specified the following: The Director of Administrative Services of Arroyo Grande is designated as the Treasurer of the Authority. 0 All personnel working for the Authority will be employed by the City of Arroyo Grande. Personnel benefits, payroll and workers' compensation ratters shall be administered by Arroyo Grande subject to a written agreement between the Authority and the City of Arroyo Grande. Agenda Item 8J. Page 1 CITY COUNCIL CONSIDERATION ERATION of AGREEMENTS To PROVIDE PERSONNEL AND ADMINISTRATION SERVICES To THE FIVE CITIES FIRE JOINT POWERS AUTHORITY ,DULY 113� 201 PAGE The City of Arroyo Grande shall provide financial services. Financial services shall include the provision of payroll and accounts payable and accounts receivable services, as well as any financial reporting and auditing services that may be required. The Authority will become effective on July g, 2010. Staff from the three agencies have drafted and conceptually agreed on two agreements to be between the City of Arroyo Grande and the Authority. The first addresses fire personnel provided by the City to the Authority. The second addresses administrative services to be provided by the City to the Authority. The agreements will be considered by the Authority Board of Directors at their first meeting on July 9 ANALYSIS of ISSUES: Under the Joint Exercise of Powers Agreement, all Authority personnel will technically become employees of the City of Arroyo Grande. This was established primarily to address three issues regarding PERS retirement benefits and workers' compensation costs. First, establishment of a contract with PERS for a new agency would have significantly delayed formation of the Authority. Second, a new contract with PERS would have required new rules, which would have increased costs and reduced the viability of a successful reserve firefighter program. Third, the small size of the Authority would have increased costs to obtain separate workers' compensation insurance and related services. It was agreed that the City of Arroyo Grande would assign all of Its responsibilities for the appointment, promotion, management, training, supervision, evaluation, discipline, and termination of employees, as well as labor negotiations with represented employees, to the Authority under the Authority's chain of command and decision making process. It was also agreed that payroll, finance, information technology IT and personnel services related to benefits and payroll will be provided by the City of Arroyo Grande to the Authority. Legal and personnel services related to disciplinary actions will be provided by the City of Grover Beach under a separate agreement. It was agreed that services will be provided at the direct cost of the employees providing the services. No overhead costs will be charged. The cost of services provided will be deducted from the City's share of costs for the Authority. The Joint Exercise of Powers Agreement was intended to be a master agreement with separate agreements to set forth the provisions regarding arrangements with each of the agencies for staffing, services or other issues. Therefore, separate agreements for these staffing and service arrangements have been drafted and need to be implemented in order for the Authority to proceed to function as set forth in the Joint E of Powers Agreement. Agenda Item 8J. Page 2 CITY COUNCIL CONSIDERATION of AGREEMENTS To PROVIDE PERSONNEL AND ADMINISTRATION SERVICES To THE FIVE CITIES FIRE JOINT POWERS AUTHORITY JULY '1 , 201 PAGE 3 ALTERNATIVES: The following alternatives are presented for City Council's consideration: Approve staff s recommendations; Re modifications to be considered by the Authority Board of Directors; Request other arrangements be considered by the Authority for these services, which would in crease costs to the City; or Provide direction to staff. ADVANTAGES. The proposed arrangement for personnel to be provided by the City of Arroyo Grande will minimize e the cost of the Authority. Provision of administrative services by the City reduces the City's costs, will result in a high quality of services, and will best coordinate services since the employees will be on the City's payroll. DISADVANTAGES: The recommendations increases workload for City staff and could result in potential increased liability to the City. ENVIRONMENTAL REVIEW: No environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: TS: The Agenda was posted in front of City Hall on Thursday, .June 7, 2010 and on the City's we bsite on Friday, June 8, 201g. N o com me nts were received. Attachments: 1 . Agreement for Contract Personnel 2. Agreement for Contract Administration Service Agenda Item 8J. Page 3 ATTACHMENT 1 AGREEMENT FOR CONTRACT PERSONNEL This Agreement for Contract Personnel "Agreement" is entered into by and between the City of Arroyo Grande, a municipal corporation "Arroyo Grande"), and the Five Cities Joint Fire Authority, a California joint powers authority ("Authority""). Arroyo Grande and JPA are sometimes referred to herein, collectively or individually as "Parties" or "Party ". WHEREAS,, the cities of Arroyo Grande, Grover Beach and the Oceano Community Services District created the Authority pursuant to Government Code §§ 6500 et seq. by executing a Joint Exercise of Powers Agreement (the "JPA Agreement" ) for the purpose of providing more efficient and effective fire protection services within the agency's respective jurisdictions; and WHEREAS, it was the intent of all parties to the JPA Agreement that the Authority has its own personnel that performs the fire protection services to the respective jurisdictions; and VMER AS, due to the issues related to providing CAMPERS retirement benefits, it became impractical to initially make all relevant personnel the employees of the Authority; and WHEREAS, parties to the JPA Agreement agreed to have Arroyo Grande be the actual employer of the personnel serving for the Authority and have the Authority assume all personnel related functions and responsibilities, including but not limited to appointment, pay rate determination, promotion, management, training, supervision, evaluation, discipline, termination and labor negotiations; and WHEREAS, Arroyo Grande and the Authority desire to enter into this Agreement in order to set forth the terms and conditions of such an arrangement. NOW THEREFORE in consideration of the mutual promises and covenants contained herein and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Arroyo Grande will, under the terms and conditions of this Agreement, assign on a full time basis all fire service employees to the Authority, Arroyo Grande will continue to be the actual employer of the personnel working for the Authority and will provide payroll services, benefits and worker's compensation coverage for those employees on an ongoing basis. The positions covered under this Agreement are listed on Exhibit A to this Agreement "Personnel List "), attached hereto and incorporated by this reference. 2. The Authority will under the terms and conditions of this Agreement be the employer in fact of the personnel working for the Authority and will assume all personnel related functions and responsibilities, including but not limited to appointnnent, pay rate determination, promotion, management, training, supervision, evaluation, discipline, termination and labor negotiations with those employees MDK1000122 7 . Agenda Item 8J. Page 4 3 . Subject to Section 4 hereof, the Authority shall compensate Arroyo Grande for payroll, benefits and workers compensation related services in the amount equal to the direct costs incurred by Arroyo Grande in payroll, benefits and workers ers compensation insurance for those employees. 4. Arroyo Grande shall, on quarterly basis, deduct the costs set forth in Section 3 from its proportionate share due under Section 9 of the JPA Agreement. In the event that those costs exceed the Arroyo Grande's share due under Section 9 of the JPA Agreement, Authority shall reimburse Arroyo Grande each quarter for any costs over that share. 5. Authority shall indemnify Arroyo Grande from any actions and liabilities alleged to have resulted from acts or omissions of the personnel holding the positions listed on Exhibit A to this Agreement in the course and scope of their work for the Authority, as well any claims or liabilities arising out of the Authority's acts or omissions related to the personnel funeti ns listed in Section 2 herein. Arroyo Grande shall indemnify the Authority from any employee or employee beneficiaries' claims and liabilities alleged to have resulted from Arroyo Grande's acts or omissions in performance of their obligations under Section l of this Agreement. 6. This Agreement does not obligate the Authority to exclusively use the employees of Arroyo Grande and should it choose to do so, it may directly hire its own employees so long as the Authority also continues to utilize the Arroyo Grande employees subject to this Agreement and continues to pay the cost of those employees to Arroyo Grande. 7. Arroyo Grande represents that the duality of services provided for herein will be consistent with professional standards in the industry. Authority's recourse in the event of breach shall be limited to actual proven damages proximately caused by such breach. 8. MISCELLANEOUS 8.1 Entire Agreement This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the Parties hereto with respect to such subject matter. Nothing in this Agreement shall be deemed to modify the terms and conditions set, forth in the JPA Agreement. Except as otherwise provided herein, this Agreement may not be modified, amended, altered or rescinded in any manner, except by written instrument signed by both of the Parties. The waiver by either Party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. 8.2 Assignment A Party may not assign this Agreement without the prior written consent of the other Party. 8.3 Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be given in writing and be delivered personally or seat by facsimile transmission, internationally recognized overnight DY,/000 1 2272. 2 Agenda Item 8J. Page 5 courier, registered or certified mail (postage prepaid with return receipt requested) as follows: To Arroyo Grande: City of Arroyo Grande Attu: City Clerk P'.. Box 550 Arroyo Grande, CA 93421 To Authority: Michael Hubert Fire Chief Such notices or other communications shall be deemed received i on the date delivered, if delivered personally, (ii) on the date that return confirnmation is received by sender, if seat by facsimile or (iii) five clays after being seat, if seat by first class registered mail, return receipt requested. 8. Relationship of the Parties Nothing in this Agreement, or in the course of dealing between the Parties pursuant to this Agreement, shall be deemed to create between the Parties (including their respective officers, employees and agents) in connection with the subject matter herein, a partnership, joint venture, association, employment relationship or any other relationship, other than that of independent contractors with respect to each other. Neither Party shall have the authority to commit or legally bind the other Party in any manner whatsoever, including but not limited to, the acceptance or making of any agreement, representation or warranty. 8.5 No Third Warty Beneficiaries This Agreement inures to the benefit of the Parties only and no third party shall have any rights hereunder. 8.6 Sever bilitV If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this ree gent shall continue in full force and effect. 8.7 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect. 8.8 Headings The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. 8.9 venue: Any dispute under this Agreement shall be resolved under the laws of the State of California and venued in San Luis Obispo County. oK/000 1272. Agenda Item 8J. Page 6 IN WITNESS vH REo , the Parties hereto have caused their duly authorized representatives to execute this Agreement effective as of the date first written above. Five Cities Fire Authority City of Arroyo Grande: 10 Name: Title: Marne. Title: Agenda Item 8J. Page 7 ATTACHMENT 2 AGREEMENT FOR CONTRACT ADMINISTRATION SERVICES This Agreement for Contract Administration Services ("Agreement") is entered into by and between the City of Arroyo Grande, a municipal corporation ( "Arroyo Grande"), and the Five Cities Joint Fire Authority, a California Joint powers authority ("Authority"). Arroyo Grande and JPA are sometimes referred to herein, collectively or individually as `Parties" or « pztrty I WHEREAS, the cities of Arroyo Grande, Grover Beach and the Oceano Community Services District created the Authority pursuant to Government Code §§ 6500 et seq. by executing a Joint Exercise of Powers Agreement (the "JPA Agreement") for the purpose of providing more efficient and effective fire protection services within the agency's respective jurisdictions-, and WHEREAS, pursuant to Government Code § 6505.5 the JPA Agreement designates Arroyo Grande's Director of Administrative Services as the 'treasurer for the Authority; and WHEREAS, additionally, the Authority has a need for accounting, financial, personnel and information technology services, and the JPA Agreement provides that payroll and accounts payable, accounts receivable services as well any financial reporting and auditing services, are to be administered by Arroyo Grande; and WHEREAS, Arroyo Grande has qualified personnel that can provide such services under contract with the Authority; and WHEREAS, Arroyo Grande and the Authority desire to enter into this Agreement in order to set forth the terms and conditions of Arroyo Grande providing such services to the Authority. NOW THEREFORE in consideration of the mutual promises and covenants contained herein and for other valuable consideration, the receipt and sufficiency of which 'is hereby acknowledged, the Parties agree as follows; 1. Arroyo Grande will, under the terms and conditions of this Agreement, provide the Authority with, financial, accounting, personnel and information technology services (the "Services"), as more specifically described in Exhibit "A" entitled "Scope of Services," attached hereto and incorporated herein by this reference. 2. The JPA Agreement designates Arroyo Grande's Director of Administrative Services to serve in the capacity of Treasurer for the Authority. Pursuant to the JPA Agreement and Government Code § 6505. 1, and based upon such designation, the Treasurer shall file an official bond in an amount. of $25,000. 3. Subject to Section 4 hereof, the Authority shall compensate Arroyo Grande for such services in the amount equal to the direct costs incurred by Arroyo Grande in providing the Services, Direct costs shall consist of salary and benefit costs for time dedicated MDI 1 0012168.) Agenda Item 8J. Page 8 exclusively by employees in performing services for the JPA. No overhead costs shall be charged. 4. Arroyo Grande shall, on quarterly basis, deduct the costs of providing the Services from its proportionate share due under Section 9 of the JPA Agreement. 5 . The term of this Agreement shall coincide with the term set forth in Section 3 of the JP Agreement, but can be terminated with or without cause by either Party upon sixty o clays prior written notice. In the event of such termination, Arroyo Grande shall be entitled to deduct the cost of providing the services, as set forth in Section 4 hereof, through the date of termination. 6. This Agreement sloes not obligate the Authority to exclusively use the services of Arroyo Grande for services that are not otherwise set forth in the JPA Agreement as being provided by Arroyo Grande. The Authority shall be entitled to retain other service providers and consultants determined necessary by the Authority for the provision of such services. Arroyo Grande and the Authority may also mutually agree that any service that the JPA Agreement specifies is to be provided by Arroyo Grande may be provided by other service providers or consultants. 7. Arroyo Grande represents that the quality of services provided for herein will be consistent with professional standards in the industry. Authority's recourse in the event of breach shall be limited to actual proven damages proximately caused by such breach. 8. MISCELLANEOUS 8.1 Entire A reerent This Agreement constitutes the entire agreement between the Parties with respect to the s ubject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the Parties hereto with respect to such subject matter. Nothing in this Agreement shall be deemed to mo dify the terms and conditions set forth in the JPA Agreement. Except as otherwise provided herein, this Agreement may not be modified, amended, altered or rescinded in any manner, except by written instrument signed by both of the Parties. The waiver by either Party of a breach or compliance with any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or compliance. 8.2 Assignmen A Party may not assign this Agreement without the prior written consent of the other Party. 8.3 Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be given in writing and be delivered personally or seat by facsimile transmission, internationally recognized overnight courier, registered or certified mail (postage prepaid with return receipt requested) as follows: To Arroyo Grande: City of Arroyo Grande Attn: City Clerk ( oK/o00121 . ) Agenda Item 8J. Page 9 P.O. Box 550 Arroyo Grande, CA 93421 To Authority: Michael Hubert Fire Chief Such notices or other communications shall be deemed received i on. the date delivered, if delivered personally, (ii) on the date that return confirmation is received by sender, if seat by facsimile or (iii) five days after being seat, if sent by first class registered mail, return receipt requested. 8. Relationship of the Parties Nothing in this Agreement, or in the course of dealing between the Parties pursuant to this Agreement, shall be deemed to create between the Parties (including their respective Officers, employees and agents) in connection with the subject matter herein, a partnership, joint venture, association, employment relationship or any other relationship, other than that of independent contractors with respect to each other. Neither Party shall have the authority to commit or legally bind the other Party in any manner whatsoever, including but not limited t, the acceptance or making of any agreement, representation or warranty. 8. No Third PgIly Beneficiaries This Agreement inures to the benefit of the Parties Only and no third party shall Have any rights hereunder. 8.6 Severabilit . If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect. 8.7 Survival. Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect. 8. Readings The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof. 8.9 venue: Any dispute under this Agreement shall be resolved under the laws of the State of California and venued in San Luis Obispo County. 8. o Indemnification: The Authority and Arroyo Grande agree to indemnify and hold the other Party harmless from all liability for damage to persons or property arising Out Of or resulting from the acts or omissions of the indemnifying Party in connection with performance under this Agreement. DK/0o11. Agenda Item 8J. Page 10 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement effective as of the date first written above. Five Cities Fire Authority City of Arroyo Grande: Name: Title; Dame: Title: ( Dr,/oo012168.4 Agenda Item 8J. Page 11 Exhibit SCOPE OF SERVICES The Scope of Services to be provided by the City of Arroyo Grande to the Five Cities Fire Joint Powers Authority includes, but is not limited to the following tasks within these categories of services: 1. Accounts Payable Services . Process vendor invoices for payment, including payroll benefits and taxes b. Print and distribute weekly payments to vendors C. Generate and reconcile invoice and payment reports d. Distribute weekly expenditure reports for budget reconciliation 2. Payroll Services a. Maintain and update employee payroll benefits and salary changes b. Process bi-weekly timesheets C. Generate and distribute bi- weekly Pay checks d. Reconcile bi- weekly and monthly payroll benefit reports and process payment requests to Accounts Payable e. Produce year -end tax reports, including W-'s 3. General Accounting Services a. Verify Accounts Payable and Payroll data entry to insure accuracy of information b. Set up and maintain salary bud get to account for personnel changes and benefit rates C. Verify and enter into the general ledger accounts any budget adjustments and miscellaneous monthly journal entries to insure accuracy of account balances d. Review and reconcile month -end account balances (revenues /expenditures) and provide reports to department for budget reconciliation e. Coordinate annual audit services 4 . Personnel Services a. Administer employee benefits including open enrollments b. Conduct new hire orientation C. Maintain employee files d. Respond to requests for employee information and verifications of employment e. Respond to unemployment claims f. Administer workers' Compensation claims g. Coordinate employee leaves of absence h. Verify compensation and personnel acquisitions i. Coordinate personnel evaluations j. Administer DMV pull program 5. Information Technolog a. Network management, including design, installation and configuration b. Maintain the server, including user migration, database migration (Firehouse), e-mail migration (Outlook/Exchange), and data migration (File storage) C. Inventory, configure and schedule replacement of workstations d. Inventory, maintenance standardization, and replacement of printers e. Coordinate maintenance of the phone system, including voice mail and in-house Paging f: Desktop support g. Server support h. Network support Agenda Item 8.i. Page 12 JL INCORPORATE ,JULY 10, 19 11 F1 MEMORANDUM To: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR MIKE LIMN, ASSISTANT CITY ENGINEER )1P SUBJECT: CONSIDERATION of FUND TRANSFER FOR THE EAST BRANCH STREETSCAPE PROJECT, PIN 2009=01 DATE: JULY 1 , 2 1 RECOMMENDATION: It Is recommended the City Council approve a transfer o f $41 000 from the Pavement Management Program CIP project for the East Branch streetscape Project to address recently discovered revenue shortfalls. FINANCIAL IMPACT: Staff has determined that the project requires an additional $41 00 in revenue to address a reduction of SAFE fund allocations and additional project expenditures that were not known at the time of the Council May 25, 2010 acceptance of the East Branch streetscape Project. Remaining funds are available in this account following completion of the slurry seal program for 2009/10. Therefore, no other project will be impacted. BACKGROUND: On January 8, 2009, Council awarded a construction contract for the East Branch streetscape Project to Brough Construction, Inc. in the amount of $699,250 and authorized the city Manager to approve change orders in the amount of $1 04,888. The project scope of the work involved the installation of decorative concrete bulbouts, cross walk enhancements, drainage improvements, new street furniture, decorative streetlights, street trees, decorative railings, irrigation and electrical systems. On May 25, 2010, Council accepted the East Branch streetscape Project improvements, ents, constructed by rough Construction, Inc., and approved a transfer of $10A02 from the Pavement Management Program CIP. ANALYSIS of ISSUES: Staff has learned that the City will not obtain the entire amount of SAFE fonds from SLOG G, primarily to reimburse expenditures relaying to the decorative crosswalks that were believed to be available during the preparation of the May 25, 2010 Council staff report for project closeout. The SAFE fund reimbursement has been reduced from Agenda Item 8.j. Page 1 cirY COUNCIL CONSIDERATION OF A FUND TRANSFER FOR THE EAST BRANCH STREETSCAPE PROJECT, PW 2009 -01 JULY 13, 2010 PAGE 2 $120,000 to $88,456, a difference of $31,544. staff also performed a revie w of the final project invoicing and determined that an additional $9,500 is needed to corer outstanding expenditures. Staff requests a fund transfer of $41,000 accordingly for differences in the projected SAFE fund allocation and the additional project expenditures. The requisite 35 day waiting period elapsed on June 29, 2010 for release of the contractors retention 10 of the final contract price), following the May 2 , 201 Council project approval. ALTERNATIVES: The following alternatives are provided for the council's consideration: Approve staff s recommendation; - o not accept the recommendation; or Provide direction to staff. ADVANTAGES: Approving the fund transfer will enable staff to pair the remaining retention moneys due to the contractor. DISADVANTAGES: Transferring money from the Pavement Management Fund may reduce the scope of a future pavement maintenance project. ENVIRONMENTAL ONMENTAL F EVIEW: The project is categorically exempt from CE QA A pursuant to Section 15301 c and 15302. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of city Hall on Thursday, July 8, 2010. The Agenda and report were posted on the city's website on Frida July g 2010. No public comments were received. Agenda Item 8.j. Page 2 JA INCORPORATED JULY 10. 1911 MEMORANDUM C, 41 , F OR TO: CITY COUNCIL FROM: DOUG PERT IN, DIRECTOR of RECREATION AND MAINTENANCE SERVICES SUBJECT: MAINTENANCE OPTIONS AND STATUS REPORT of THE ELM STREET OFF LEASH DOG PARK DATE: JULY 13, 201 RECOMMENDATION: The Parks and Recreation Commission recommends approval of good chips as the renovation option for the Elm street Off Leash Dog Park. staff recommends the City Council review and comment on the Elm Street Off Leash Dog Parks status Report. FINANCIAL I M PACT: The financial impact to the City is undetermined. However, the majority of the cost for maintenance will be borne by the Five Cities Dog Park Association. BACKGROUND: On January 2 nd , Zoo the Arro Grande City Council unanimously adopted a r y y Resolution adopting a Mitigated Negative Declaration, designating a portion of Elm Street Park as an off Leaser Area for Use as a Dog Park, approving an Adapt -A -Park Agreement #`Agreement" with the Fire Cities Dog Park Association "FCDPA" and authorizing the City Manager to approve and make minor changes and modifications and to execute the Agreement. In addition, the City Council directed staff to produce a dog park status report and mail it to the residents and o wner of the apartment building at 400 S. Elm Street. The FDDPA raised over o f 000, which was used to install concrete walkways, fencing and mutt• -mitt dispensers. on May 23, 2009, the Elm Street Off Leash Dog Park was officially opened. since that time the facility has provided the opportunity for hundreds of dogs and their owners to socialize in a safe, clean location. In addition, members of the FDDPA monitor the park daily, cleaning up after some of the less responsible dog owners and encouraging observance of the posted rules. More recently, as are Eagle Scout project, sign boards were installed to allow for park rules and other information to be displayed in a dry attractive unit. In addition, the FCDPA purchased and installed five benches at various locations in the facility. Lastly, Agenda Item I I.a. Page 1 CITY COUNCIL MAINTENANCE OPTIONS s AND STATUS REPORT T of THE ELM STREET OFF LEASH DOG PAID JULY 1 39 2010 PAGE 2 the Tree Guild of Arroyo Grande planted seven trees in and around the dog park to provide shade and to improve aesthetics. ANALYSIS of ISSUES: Damag to Grass The dog park has been a very busy, heavily used facility. As a result, much of the grass, particularly in the large dog area,, has been completely worn away. At its May 12, 201 meeting, the Parks and Recreation Commission considered a number of renovation options as presented by staff. The Commission's preferred option is wood chips. staff recommends that a grass or planter border could be maintained with either wood chips or decom granite to improve the appearance of the park area. (see Attachment 1). However, the Commission ranked its preferences in the following order: 1 - Wood Chips. SLO County uses wood chips in some of its dog parks. The material is relatively cheap and readily available. According to one of the SLO county Park Superintendents, the chips absorb urine and do not smell. He added that concerns about the chips hurting dog's feet have proven to be unfounded. However, some reports have indicated that finding dog droppings can be more difficult, that the chips eventually will smell and they can be a home for fleas and ticks. However, as stated above, the County has indicated no problems. In addition,, FCDPA volunteers will continue to monitor the facility. The City currently has a Large supply of wood chips at its corporation yard and local tree trimmer might be willing to donate chips rather than take therm to the dump. 2 - Install decomposed granite (DG). D G is a fairly porous surface, depending on particle size and is used in some other dog parks in the state. It is not as attractive as grass, but staff believes it is more attractive than wood chips, and the initial cost just for the product would be approximately $7,000. Preparation of the surface and spreading the material would probably cost several thousand more dollars. Irrigation needs to be retained to wet the surface and minimize dust. The city uses DG on all of its ball fields. It is very durable, but will need to be topped off at least annually. During the rainy season the DG could get muddy and erosion may occur. 3 — close portions of the park on a rotating basis and replant grass. Having a grassy area for the dogs is probably the most ideal; the animals stay clean and the grass is a nice surface to run and roll on. However, the dog park is already relatively small and closing parts of it for a couple months at a time to allow for grass growth would make it much less useful especially for the larger dogs. In addition, it is very likely that the grass will again wear out quickly. Agenda Item 11.a. Page 2 CITY C MAINTENANCE ANCE PTIO S AND STATUS REPORT of THE ELF STREET OFF LEASH DOG PARS{ JULY 13 2010 PAGE 3 4 — Close the entire dog park and replant grass. Degeneration of grass would take a minimum of two to three months. During the renovation period, the dog park would need to be completely closed and it is likely that the new grass would wear out very quickly. 5 -- Synthetic surface. There are some relatively new synthetic surfaces that are s pecially designed for dog parks. The product is fairly durable, is constructed using antimicrobial fabrics, and has an eight year warranty for ripping or discoloration. However, it is very expensive to install, with a basic price of $12 - $16 per square foot. The large dog park area is roughly 25,000 square feet, which multiplies out t $300,000 to $400,000. In addition, although the product is synthetic it still needs to be hosed off or watered to clean the surface. The installation process would require removal o f all grass, grading to smooth out some of the contours, application of 3" — " of DG, compaction of the DG, then install tion of the synthetic surface. BUS STOP Local residents and park users were parking in the bus loading zone used by SCAT and the Lucia Mar School District, which prevented buses from pulling to the curb. Staff worked with representatives from SCAT and the School District t move the bus stop closer to the intersection of Elm and Ash. The curb has been painted red and the bus beach and SCAT sign have been moved to the new location. I I- M L1 ONRI L1, rep Staff, sports teams, tennis players, pre - school parents, community gardeners and dog park users all use the parking lot adjacent to the Elm Street Community Center. During peak times no parking has been available. however, the recently completed ACA improvements for the community center included the addition of seven new parking spots. In addition, moving the bins stop has freed up two or three parallel parking spots on Elm street. 1 60 �I: ► Although most of the dogs using the park are relatively quiet, a few of them are frequent barkers. Dog park monitors FCDPA volunteers) remind owners to control their animals. However, barking can be heard periodically throughout the day. In an effort to minimize the impact on nearby residents,, one of the mitigations related to approval of the dog park was restricting park hours to 8:00 a.m. to dusk. Staff has received one e-mail from a resident living on Fair oaks Avenue regarding the condition of the grass in the dog park, concerns about potential flea Agenda Item I I.a. Page 3 CITY COUNCIL MAINTENANCE OPTIONS AND STATUS REPORT of THE ELM STREET OFF LEASH DOG PAR JULY 1 35 201 PAGE and tick problems,, parking, smell, and interference with the bus stop. However, no other complaints have been received. ALTERNATIVES: ES: The following alternatives are provided for the City Council's consideration: Approve the Parks and Recreation Commission's recommendation to use wood Drips to renovate the Elva Street off Leash Clog Park; - Direct staff: and the FCDPA to instead develop a proposal for a decomposed granite surface with grass or planter border; Approve an alternate method for renovation of the dog park; Direct staff to return with ether alternative maintenance options; or - Provide direction to staff. ADVANTAGES: The recommendations will provide a more uniform appearance for the dog park at the least cost for both improvements and maintenance. DISADVANTAGES: Wood chips are less attractive and more difficult to walk on than decomposed granite or grass. The appearance of wood chips also deteriorates over time. ENVIRONMENTAL REVIEW: : Environmental review may be required depending on the final maintenance option. PUBLIC NOTIFICATION AND COMMENTS: Notification has been sent to neighbors including the owner, residents, and manager of the apartments located at 400 South Elan. The Agenda was posted in front of City Hall on Thursday, July 8,, 2010 and on the City's rrebsite on Friday,, July g 2010. No public comments were received. Attachments: 1. Status Report, Elm street off Leash Dog Park 2. Photos of other dog parks Agenda Item I I.a. Page 4 ATTACHMENT 1 STATUS REPORT F T ELM STREET OFF LEASH DOG PAS JULY 13,2010 At its January 22nd, 2008 meeting the Arroyo Grande City Council unanimously approved construction of a dog park at the southern end of Elm Street Park. In addition, the City Council directed staff to produce a dog park status report and mail it to the residents and owner of the apartment building at 400 S. Elm Street. On May 23r 2009 the Elan Street Off Leash Dog Park was officially opened. Construction The FCDPA raised over $50,000, which was used to install concrete walkways, fencing and mutt -mitt dispensers. On May 23 2009 the Elm Street Off Leash Do Parr was officially opened . Since than time the facility has provided the opportunity for hundreds of does and their owners to socialize in a safe clean location. In addition, members of the FCDPA monitor the park daily, cleaning up after some of the less responsible dog owners and encouraging observance of the posted rules. More recently, as an Eagle Scout project, sign boards were installed to allow for park rules and other information to be displayed in a dry attractive unit. In addition, the FCDPA purchased and installed fire benches at various locations in the facility and the Tree wild of Arroyo Grande planted seven trees in and around the dog park to provide shade and to improve aesthetics. Lastly, Utilities Division staff wilt a cover over the valves and pipes that protruded from one of the pump houses. The cover has also worked out nicely as a sitting area for dog owners. Bus stop Local residents and park users were parking in the bus loading zone that is used by SCAT and the Lucia Mar School District,, which prevented buses from pulling to the curb. Staff worked with representatives from SCAT and the school district to move the bus stop closer to the intersection o f Elm and Ash. The curb has been painted red and the bus bench and SCAT sign have been roved to the new location. Parkin Staff, sports teams, tennis players, pre - school parents, community gardeners and dog park users all use the parking Lot adjacent to the Elm Street Community Center. During peak times parking spaces have often been unavailable. However, the recently completed ADA improvements for the community center included the addition of seven new parking spots. In addition, moving the bus stop has freed up two or three parallel parking spots on Elm Street. Agenda Item I I.a. Page 5 Maintenance The dog park has been a very busy, heavily used facility. As a result, much of the grass, particularly in the large dog area, has been com pletely worn array. At its May 12, 2010 meeting the Parks and Recreation Commission considered a number of renovation options as presented by staff. Theo options included good chips, decomposed granite, synthetic turf, closing portions of the perk on a rotating basis to regenerate turf, and completely closing the dog park for two or three months to plant new grass. The Commission's preferred option is wood chips. Volunteer dog park monitors patrol the park at least trice a day, picking up any droppings that the animal's owners may have missed. Droppings are bagged by owners and monitors and then dropped into small rolling receptacles that were donated by South County Sanitary Service. The small receptacles are emptied wily into a larger receptacle which is stored in one of the unused pump houses. The larger receptacle is emptied twice a week by Parks staff, as they perform their routine trash pickups. Barking Although most of the dogs using the park are relatively quiet, a few of them are frequent barkers. Dog park monitors FCDPA volunteers remind o wners to control their animals. However, barking can be heard periodically throughout the day. In an effort to minimize a the impact on nearby residents, one of the mitigations related to approval of the dog park was restricting park hours to 8.00 a.m. to dusk. Ongoing Fundriain Mutt -mitts for the dog park are costing the FCDPA approximately $400 per month. In addition, benches, signs and other miscellaneous improvements have cost the Association several thousand dollars. The FCDPA has donation stations in the park, which bring in approximately $125 per month. in order to raise funds for mutt -mitts and maintenance, the FCDPA has held several flea market sales and has scheduled "Puffin On The g g " For Aug ust 21s at Elm Street bark. The event will include vendor booths, demonstrations, an obstacle course and BBC . Agenda Item I I.a. Page 6 ATTACHMENT 2 Agenda Item I I.a. Page 7 Agenda Item I I.a. Page 8 Agenda Item I I.a. Page 9 Agenda Item 11.a. Page 10 Agenda Item I I.a. Page 11 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 11.a. Page 12 7/13/2010 Mitchell Mundahl MGF Enterprises 425 S. Elm St Arroyo Grande, CA 93420 Arroyo Grande City Council PO Box 550 Arroyo Grande, CA 93420 RE: Elm Street dog park. And 400 S. Elm Argument against; It came as no surprise that a short notice was given for the council meeting. A letter was mailed on July 9 and received on July 12 Hardly enough time for someone to mount an argument. Of course we still oppose the placement of the dog park at its present location. The dog park is a nuisance. Residents and the business have suffered. We have lost tenants directly due to the nuisance of acknowledged barking dogs, urination and defecation of hundreds of dogs in such a small compound. The business has lost revenue as rents have had to be reduced based on the nuisance factor. Page 2 Would you want hundreds of dogs to camp out next to your windows? Everyone knows they wouldn't like it and probably would call the police. In fact the city would not allow anyone to own and keep hundreds of dogs in there back yard. Personally if someone moved hundreds of dogs next to my residence I would move somewhere else. But the city ignores common sense to accommodate a special interest group. I suppose they represent a voting block that is too good to ignore. Arroyo Grande has always been a common sense town of good law abiding citizens. What happened? I would refer you back to our original lawsuit laying out all the concerns of which appear to have come true. The grass is gone because there are too many dogs and too many people for such a small area. If humans were allowed to urinate and defecate on the grass you'd have the same result. Keeping the dog enclosure next to a residential facility is in my opinion a very unfair and cruel exercise in government power. The director of parks and recreation seems to have the ability to set aside fairness and refuses to compromise on location. Why not on the other side of the park? Why not the entire park? In fact, why not make all the parks in Arroyo Grande off leash zones. Page 3 In closing we oppose the use of wood chips or any other substance. We feel that the air quality and the health of nearby residents will be put at risk. Furthermore we request an extension of 30 days to allow us time consult with experts on air quality and health issues. We request an EIR. This is not a dog park. It is a chicken coop. A dairy farm all of which are a nuisance and we may seek an appropriate remedy in the near future. Sincerely, Mitchell Mundahl Project Manager MGF Enterprises { RO INCORPORATED C7 JULY , 1 9 11 M EM ORA ND U M TO: CITY COUNCIL FROM: DOUG PERRIN, DIRECTOR of RECREATION AND MAINTENANCE SERVICES 0. �. SUBJECT: CONSIDERATION of APPROVAL AL of THE CHILDREN IN MOTION SUBCOMMITTEE'S RECOMMENDATIONS To ELIMINATE THE CITY'S SUBSIDY of THE CHILDREN IN MOTION PROGRAM D ATE* J ULY 13, 201 RECOMMENDATION: The Children In Motion Subcommittee (Subcommittee) recommends the City Council address the City's subsidy of the Children In Motion (CI M) program by 1 pursuing various fundraising events and seeking straight donations through Friends of Children In Motion group; 2 expanding specialized after-school enrichment and sports programming; 3 expanding marketing efforts to increase enrollment; reduce future costs by eliminating vacation and sick leave benefits for future part time teachers and aides; and restructure department staffing and the program sites. The Subcommittee further recommends mends the City Council delay its decision regarding the Child Care Coordinator position until August in order to consider ar reorganization opportunity that may arise due to a possible retirement within the Recreation reaction Divi ion. FINANCIAL IMPACT: The current estimated subsidy has been adjusted bawled on updated figures to be $50,000 - $55 - if approved by the City Council, the actions recommended mended by the Subcommittee are projected to generate $10,000 to $15,000 of revenue to offset the City's subsidy of the Children In Motion program. In addition, s alary expenditures could be reduced by $31,000 in FY 2010-11 and $62,000 in F 2011 -1 due to the reorganization. BAC For twenty-two years the Recreation Division has offered the Children in Motion (CIM) before and after school child care program. Children five to thirteen years of age are eligible to participate and approximately 250 are currently registered. Four program sites are available, including Branch Elementary, Harloe Elementary, Ocean View Elementary and the Elm Street Community Center. Agenda Item 11. b. Page 1 CITY COUNCIL CONSIDERATION ATION of APPROVAL of THE CHILDREN EN II MOTION SUBCOMMITTEE'S RECOMMENDATIONS MENDATIONS To ELIMINATE THE CITY SUBSIDY of THE CHILDREN IN MOTION PROGRAM JULY 13, 201 PAGE 2 During the school year, child care is available at the three elementary schools from :oo a.m. until school starts and from the time school gets out until :00 p.m. The Elm street Community Center is strictly a kindergarten site and is open from 11:30 a.m. until :00 p.m. one site is available for full day care during winter, spring and summer school breaks. In ,dune, Zoo, the City Council adopted a fee schedule for the CIM program that instituted a monthly week) fee structure for the school year hued upon the number of days used per week. During the school }rear, participants pay in advance for two, three, four or five day a week plans. During the winter, spri ir ng and summer school breaks, full day care is available. Weekly rates are charged with half- day rates available for s ummer school students. The intent of the monthly fee schedule was to increase revenues and to enable more efficient scheduling of part -time staff. Ho wever, due to the economic down turn and reduced State support of the Equal Opportunity Commission EOC, the program has experienced declining enrollment and reduced revenues. As of the end of May, program expenditures were approximately 13% less than projected. However,, revenues were down approximately 25%. The City's Administrative Services Director projects a year end subsidy for FY 2009-10 of approximatel $50 - $55,000. At its March 23 2010 meeting, the City Council considered recommendations from staff to balance the FY 2010 -11 budget. one of the measures recommended to reduce the budget shortfall was elimination of the Children In Motion Child Care Coordinator position. After much testimony and discussion, the city Council elected to approve all of staff's recommended measures with the exception of elimination of a Child Care Coordinator position. staff was directed to form a Subcommittee mittee to investigate methods of increasing revenues and reducing expenditures to help the Cl loll program become more self - sufficient, as well as the option of transferring the program to the YMCA. At its April 13, 2010 meeting, the City Council approved formation of the Subcommittee and its membership, which included Council Members Costello and Fellows, along with various City staff and at -large members. Also at its April 13 2010 'meeting, the City Council adopted a Resolution amending the Master Fee schedule, increasing fees for the City's seasonal playground programs to be more com parable to the fees charged for the Children In Motion program. In addition, since playground staff are interchangeable with CIM staff and are all paid out of the CII I part -time salaries account, the two programs have been combined to more accurately reflect total costs and revenues. Agenda Item 11. b. Page 2 CITY COUNCIL CONSIDERATION of APPROVAL of THE CHILDREN IN MOTION SUBCOMMITTEE'S RECOMMENDATIONS To ELIMINATE THE CITY'S SUBSIDY of THE CHILDREN IN MOTION PROGRAM JULY 1 13, 201 PAGE 3 In raid -June, staff was informed by the Principal of Harloe Elementary school that their school site intended to contract with the YMCA to o perate its Bright Futures program. Reasons given for the change included: 1 uncertainty about the Children In Motion program's continued operation, 2 loss of the Lucia Mar staff person who coordinated the Bright Futures Program at Harloe, 3 assignment of the Bright Futures Coordinator from Grover Beach Elementary school, to also coordinate the Harloe site, the Grover Beach Elementary school's Bright Futures Program is operated by the YMCA, and the Principal's desire to have the Coordinator work with only one program provider. Loss of the Bright Futures Program will result in a $4,500 reduction in Administrative fees. It should be noted that the Principal requested that the CIM program continue to operate a paid before and after school program at the school site. ANALYSIS of ISSUES: The Subcommittee met three times and formulated recommendations to the City Council, which includes the following activities and projected annual revenues or savings: • Donations and fundraising - $10,000 • Supplemental programs/ increased enrollment redu ed personnel costs $5,000 • salary savings from restructuring program - $31,000 Donations and Fundraisin The Subcommittee has recommended pursuing donations and fundraisers to generate $1 0,000. staff will establish a "Friends of Children In Motion" group to organize events. Public members of the Subcommittee have agreed to head up initiation of the effort. Initial activities identified include a BBC fundraiser (the Lions Club has offered to cook), a golf tournament, 10k run, and raffle. In addition, local businesses will be contacted to provide donations of supplies for the CI1 program, which can reduce City e for materials and supplies. S . 0 emental Programs One of the primary problems causing the current subsidy is overhead costs. This problem was increased by the Bright Futures program at Harloe school because the amount of reimbursement nt for administrative costs is limited. Therefore,, it is recommended to expand specialized after - school enrichment and sports programs, which will help increase revenue from the program. Cuts in art, music, language, sports and other programs by the Lucia Mar Unified School District was identified as an opportunity to both address an unmet need in the community, while increasing revenue to the program by offering instructional programs in these areas on a fee for service basis. Parents on the Subcommittee felt these services would be popular and provide a valuable service. Agenda Item 11. b. Page 3 CITY COUNCIL CONSIDERATION of APPROVAL of THE CHILDREN IN MOTION SUBCOMMITTEE'S MITTEE'S F ECOMMENDATIONS To ELIMINATE THE CITY'S SUBSIDY Y of THE CHILDREN IN MOTION PROGRAM JULY 13 2010 PACE 4 Staff met with the superintendent of the Lucia Mar School District to discuss the possibility of filling unmet needs of students by offering integrated enrichment opportunities into the CIM program, as well as potentially offering sports programs at Paulding Middle school. The superintendent was very receptive and tentatively agreed to allow access to classrooms for the program. Marketin Subcommittee members recommended more mass marketing to solicit additional participants. As a result, the clM staff has already distributed program flyers, attended the "Kindergarten Roundups" at each of the schools and put up banners advertising the summer program. In addition, press releases and radio announcement have been seat out. Arrangements are being made to address parents at "Back to School Night." Additionally, Subcommittee members agreed to assist with additional promotional activities through the Friends of children In Motion group. staff believes positive results are already evident due to an average increase in participation in the summer program of eleven 11 children per day, when compared to the prior year. As permanent part - time employees, teachers and aides in the Children In Motion program receive sick leave and vacation benefits. Given State teacher ratio requirements, when an employee uses sick or vacation leave, the city must pair for that employee and another employee to cover the hours. Therefore, it is recommended the position be re- classified as temporary part - time for future new hires. Temporary part -time employees do not receive sick and vacation leave benefits. Staff researched other similar programs, such as the city of San Luis Obispo, and determined they typically do not provide these benefits to part - time teachers and aides. Savings are unknown and will be dependent on staff turnover. It is also recommended to review special event activities offered by the Recreation Division and eliminate those that no longer serge an unmet need. For example, the Annual Talent Show is now redundant because each of the elementary schools now conducts their own talent shows. Staff has been notified of a potential retirement in the Recreation Division that could occur in December, but won't be determined until net month. If it occurs, it would provid an opportunity to restructure the responsibilities of the position, reduce staffing overhead in the CIM program without elimination of a full position, and address the budget subsidy without a layoff. Potential savings could be $31,000 in FY 2010-11 and $62,000 in FY 201 1 -12. Therefore, additional time is required to pursue this opportunity. Agenda Item 11. b. Page 4 CITY COUNCIL CONSIDERATION of APPROVAL AL of THE CHILDREN IN MOTION SUBCOMMITTEE'S RECOMMENDATIONS To ELIMINATE THE CITY 9S SUBSIDY of THE CHIL IN MOTION PROGRAM JULY 1 39 201 PAGE 5 Relationship with other Recreation - -Program r l� � Staff was requested by City Council to outline the impacts on other programming and positions if the CIM program were eliminated. other than providing much needed before and after school child care, the DIM program has additional benefits, including providing a pool of staff for seasonal playground programs, providing substitute pre - school teachers, providing support staff for special events and providing the opportunity to engage participating children and their families in other City recreation activities. The Child Care Coordinator position is funded entirely by the Children In Motion program, with a current annual salary and benefit cost of approximately $70,000. This position also provides assistance with special events. In addition, 60% of a Recreation supervisor's position is applied to the Children In Motion program at an annual cost of $58,300. This was recently reduced from 0% to more accurately reflect the time spent by this employee involved with the CIM program, as well as the projected subsidy of the program. Therefore, elimination of the CIM program would eliminate the $70,000 subsidy, but most of the savings would be eliminated by creating an increased cost of $5 to the General Fund for the Recreation supervisor to supervise other recreation programs. During the discussion of the proposed budget strategies staff recommended that the Child Care Coordinator's responsibilities could be assumed by the Recreation Supervisor. However, the City Council identified a concern that the CIM program could not be effectively administered without the Child Care Coordinator position. If the Subcommittee recommendations are not approved, this concern could potentially be addressed by funding additional part - time assistance, curtailing some of the community wide special events organized by the Recreation Division to reduce the Recreation supervisor's workload, along with the reduction in workload that will result from the elimination of the Bright Futures program. If this is not sufficient, elimination of the program at Branch school has been discussed, whi could be assumed by the YMCA. Although the Children In Motion program is integral to the City's overall recreation operation, there are other operators such as the SLO County YMCA or the South County Boys and Girls Club that could take over before and after child care services in Arroyo Grande. However, as indicated above, the Joss of the program would impact the Recreation Division's ability to operate many of its special events and programs. Examples of these programs include the Egg Hunt and Family Festival with approximately 3,000 participants the Father Daughter Date ,Might with approximately Zoo dads and daughters, the Turkey Trot Finn Run with Zoo — 250 participants, seasonal playground programs with approximately 35 children per day and the pre - school program which has 70 — 80 children registered. In addition, if the City Council elects to eliminate the CIM program it Agenda Item 11. b. Page 5 CITY COUNCIL CONSIDERATION F APPROVAL OF THE CHILDREN IN MOTION SUBCOMMITTEE'S RECOMMENDATIONS T ELIMINATE THE CITY'S SUBSIDY F THE CHILDREN IN MOTION PROGRAM JULY 13 2010 PAGE 6 would take the YMCA o the Boys and Girls Club approximately three months to complete the state orientation and certification process. Comparison to MCA Program The Children In Motion and the YMCA Child Care programs are very similar. Both programs offer licensed care before and after school and both organizations offer full day programs during school breaks. Both programs offer a 2, 35 # or 5 day per creek monthly plan during the school year. The fee structures are similar, but the YMCA's cost per hour is higher. The cost per hour for CII I ranges from $3.00 to $3.75 per hour, while YMCA prices range from $3.50 - $7.00 per hour. The fewer days per week a participant uses the programs, the higher the hourly cost. It should be noted that according to the Executive Director of the SLO County YMCA, County -wide the program fees for child care cover all direct costs, such as facility rental, on site staff, materials and supplies, as well as about 95% of the overhead. However, the YMCA's South County Regional Director spends only 50% o f her time on child care. within the Lucia Mar Unified school District, the YMCA currently provides programming at Shell Beach, Grover Beach and Fairgrove elementary schools. The afternoon programs at Grover Beach and Fairgrove are both Bright Futures. Analysis of Costs and Revenues The estimated revenues, expenditures and contribution to administrative costs for each child care site, including direct costs for part -time staff, rent,, materials and supplies is as follows; Branch Elementary School — Harloe Elementary School — Ocean View Elementary School — Elm Community Center (Kindergarten) — Bright Futures (Harloe) — School Breaks (Winter, Spring, Summer) — Revenues $35,100 $35. $$6,300 $32,700 $66,600 $64,500 Direct Costs 20,500 19,000 34,400 35,000 62 100 559200 Enrollment at each of the program sites during Spring 2010 is as follows: Ocean View 45, Margaret Harloe 3, Branch 39, Elm Street Center afternoon kindergarten 22, Bright Futures (Harloe) 110. However, not all the children participate every day. Eliminating any of the child care sites will reduce the program's opportunity to generate revenues to offset overall direct and administrative costs. All sites generate revenue that exceeds direct costs for rent, supplies and part -time staff. In addition, due to State licensing restrictions, other agencies such as the YMCA Agenda Item 11. b. Page 6 CITY COUNCIL CONSIDERATION of APPROVAL of THE CHILDREN IN MOTION SUBCOMMITTEE'S RECOMMENDATIONS DATIONS To ELIMINATE THE CITY SUBSIDY of THE CHILDREN IN MOTION PROGRAM JULY 13 201 PAGE 7 or the Boys and Girls Club, would not be able to provide child care at any of City run school sites until January 2011. Based on Fiscal Year 2009-10 revenues and expenditures the financial impact on the subsidy by eliminating child care sites and staff is as follows: Elimination of the Child Care Coordinator position would result in savings of approximately $70,000. Elimination of Ocean view school program would result in a revenue reduction of $661,300 and a net loss after direct costs of $31 v 900. Elimination of Branch School program would result in a revenue reduction of $35,100 and a net loss after dire t costs of $14,600. Elimination of the Harloe paid program would result in a revenue reduction of $35,500 and a net loss after direct costs of $16,500 El of the El Street Kinderga program wou ld result in a reven reduction of $32,700 and a net gain after direct costs of $2,300. Loss of the Bright Futures program at Harloe school will result in a revenue reduction of $66,599 and a net loss after direct costs of $4,500. Therefore, an additional alternative would be to eliminate the program at one site in order to reduce the workload on the Recreation Supervisor if the Council does not approve the Subcommittee's recommendations and elects to eliminate the Child Care Coordinator position to address the subsidy. staff believes that Branch school would be the most appropriate site because it is located outside the City limits and would result in the least reduction in revenue. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the CIM Subcommittee recommendations and direct staff to proceed with implementation of fundraising, marketing and expanding specialized afters hool enrichment and sports programming, but delay the decision regarding the Child Care Coordinator position until August; - Do not approved the CIM Subcommittee recommendations, eliminate the Child Care Coordinator position, and increase part -time staffing and reduce special event programming to reduce the Recreation reation Supervisor's rorkload; Agenda Item 11. b. Page 7 CITY COUNCIL CONSIDERATION OF APPROVAL OF THE CHILDREN IN MOTION SUBCOMMITTEE'S RECOMMENDATIONS TO ELIMINATE THE CITY'S SUBSIDY F THE CHILDREN IN MOTION PROGRAM I JULY 1 3, 201 PACE 8 De not approve the recommendations of the CIM Subcommittee and direct staff to eliminate the Child Care Coordinat position and the program at Branch School; - Do not approve the ClM Subcommittee recommendations and eliminate the C 1M Prog Choose to subsidize the program due to its benefits and direct staff to seek other budget savings; or - provide staff direction. ADVANTAGES: TALES: Approval of the Sub orr mittee's recommendations mendations gill provide the opportunity for staff and volunteers to implement measures to eliminate the City's subsidy of the Children In Motion program while maintaining the benefits of the program for the community and City Recreation reation ivis'ion operations. DISADVANTAGES: The recommendations may result in some level of reduced subsidy in FY 2010- 11 since the full savings will not be experienced until the following year. ENVIRONMENTAL MENTAL 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, July 8, 2010 and on the City's website on Friday, July g, 2010. No public comments were received. Agenda Item 11. b. Page 8