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Agenda Packet 2010-09-28Z C ity Coiuicil Tony Ferrara, Mayor Jim Guthrie, Mayor Pro Tem Joe Costello, Council Member Chuck Fellows, Council Member Caren Ray, Council Member d. Steven Adams, City Manager Timothy J. Carmel , City Attorney Kelly Wetmore, City Clerk AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, SEPTEMBER 28, 2010 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER 2. ROLL CALL 3. FLAG SALUTE 4. INVOCATION 7:00 P.M. ARROYO GRANDE OPTIMIST CLUB PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Recognizing October 3 -9, 2010 as "Fire Prevention Week" 6. 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY— SEPTEMBER 28, 2010 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period September 1, 2010 through September 15, 2010. 8.b. Statement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report of current investment deposits as of August 31, 2010. 8.c. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of August 24, 2010, as submitted. 8.d. Consideration of Support for Proposition 22 — The Local Taxpayer, Public Safety and Transportation Protection Act (ADAMS) Recommended Action: Adopt a Resolution in support of Proposition 22 — the Local Taxpayer, Public Safety and Transportation Protection Act. AGENDA SUMMARY — SEPTEMBER 28, 2010 PAGE 3 8. CONSENT AGENDA (cont'd) 8.e. Consideration of Acceptance of the Soto Pond No. 1 Fence Replacement Project, PW 2010 -06 (PERRIN) Recommended Action: 1) Accept the project improvements as constructed by Central Coast Fence, Inc. in accordance with the plans and specifications for the Soto Pond No. 1 Fence Replacement 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.f. Consideration of a Contribution to the San Luis Obispo County Narcotics Task Force (ANNIBALI) Recommended Action: Approve a contribution to the San Luis Obispo County Narcotics Task Force (SLONTF) in the amount of $20,000. 8.g. Consideration of Temporary Use Permit Case No. 10 -018 Authorizing Use of a Portion of the Olohan Alley Parking Lot and Temporary Closures of Portions of Olohan Alley and Short Street for Construction Purposes; and Implementation of Related Safety Measures Including No Parking Zones and Pedestrian Walkway for the Period of October 2010 — May 2011, Applied for by N KT Commercial (McCLISH) Recommended Action: Approve Temporary Use Permit 10 -018 and adopt a Resolution authorizing use of a portion of the Olohan Alley parking lot and temporary closures of portions of Olohan Alley and Short Street for construction purposes; and implementation of related safety measures including no parking zones and pedestrian walkway for the period of October 2010 — May 2011. 8.h. Consideration of an Aareement for Consultant Services with GEI Consultants Inc. for Preparation of the Northern Cities Management Area 2010 Annual Monitoring Report (McCLISH) Recommended Action: Approve allocation of funds and authorize the Mayor to execute an Agreement for Consultant Services with GEI Consultants, Inc. in connection with the annual groundwater monitoring report in the amount of $23,987. 8.i. Consideration of a Resolution Adopting the 2010 Update to the Pavement Management Program (McCLISH) Recommended Action: Adopt a Resolution adopting the 2010 Update to the Pavement Management Program. 9. PUBLIC HEARINGS: 9.a. Consideration of Specific Plan Amendment 10 -001, Tentative Parcel Map 10 -001 and Conditional Use Permit 10 -001; Located at the Southwest corner of East Grand Avenue and South Courtland Street (McCLISH) Recommended Action: Continue this item to a date uncertain. AGENDA SUMMARY — SEPTEMBER 28, 2010 PAGE 4 9. PUBLIC HEARINGS (cont' d) 9.b. Consideration of Aaalication for a New Certificate of Public Convenience and Necessity Applied for by "Tri Counties Transit, Inc." (ANNIBALI) Recommended Action: Adopt a Resolution approving the request for a new Certificate of Public Convenience and Necessity applied for by Masood Babaein, Chief Executive Officer, D.B.A. Tri Counties Transit, Inc. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Future Location of Farmers' Market (ADAMS) Recommended Action: 1) Approve relocation of the Farmers' Market to the western portion of Olohan Alley adjacent to the creek walk during construction of the Short Street project; and 2) Approve maintaining Farmers' Market in its current location when construction is complete. 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 (CAPSLO) (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) Other (d) COUNCIL MEMBER FELLOWS: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (3) Other AGENDA SUMMARY — SEPTEMBER 28, 2010 PAGE 5 12. CITY COUNCIL REPORTS (cont'd) (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 - SEPTEMBER 28, 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 ■ WHEREAS, the City of Arroyo Grande Is committed to ensuring the safety and security of all those living in and visiting our City; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk to fire; and WHEREAS, nearly 3,000 people die as a result of home fires each year; and WHEREAS, roughly two - thirds of home fire deaths resulted from fires i which no smoke a l arms or no working smoke alarms were present; and WHEREAS, EA , working smoke alarms reduces the chance of dying In a reported fire in half; and WHEREAS, the National Fire Protection Association recommends at least one smoke alarm on every level of the home, outside all sleeping areas, and in all bedrooms; and WHEREAS, informing the public about the importance of smoke alarm installation and maintenance serves as an essential step toward increasing the public's safety from home fires; and W HEREAS, Arroyo Grandes first responders are dedicated to reducing the occurrence of home fires and hone fire deaths and injuries through prevention and proper education; and WHEREAS, Arroyo randel's residents are responsive to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS, the Fire Prevention Week 2010 theme, "'Smoke Alarms: A Sound You Can 'Live pith!" actively works to motivate Arroyo Grande residents to implement smoke alarm recommendations in their homes. NOW, THEREFORE, BE IT RESOLVED, that 1, Tong Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby proclaim October -J, 2010 as Fire Prevention Week throughout the City, and urge all citizens of Arroyo Gran t o protect their h omes and fam ilies by heeding the potentially life -saving messages of Fire Prevention Week 2010, and to support the many activities and efforts of the Five Cities Fire Authority Fire and Emergency Services. IN WITLESS WHERE 1 have hereunto set nay hand and caused the Seal of the City of Arroyo Grande to be affixed this 2e day of September 2010. TONY FERRARA, iMAAYOR no Yo Q INCORPORATED 7 M JULY 10, 1911 y� 4 4 1F0 0 % CITY OF Honorary Proclamation Fire Prevention Week 2010 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 5.a. Page 2 INN OAPORA TED D 3 M iR JULY 10. 1911 MEMORANDUM TO: CITY COUNCIL FROM: ANGELIC K AETSCH, DIRECTOR OF ADMINISTRATIVE E SEF VIC BY: FIANCES R. HEAD, ACCOUNTING S PEA is i.wel SUBJECT: CONSIDERATION F CASH DISBURSEMENT RATIFICATION DATE: SEPTEMBER , 2010 RECOMMENDATION: N It is recommended the City Council ratify the attached listing of cash disbursements for the period September 1 through September 15, 2010. FINANCIAL IMPACT: There is a $773,507.17 fiscal impact that includes the following items- 0 Accounts Payable Checks 148850 - 147041 $ 289,2 1.12 0 Payroll Checks & Benefit Checks $ 484,266.05 BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents sup porting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 2000. ANALYSIS OF ISSUES: The attached listing represents the cash disbursements required o normal and usual operations during the period. The disbursements are accounted for in the FY 2010-11 budget. ALTERNATIVES: The following alternatives are provided for the Council's consideration: o Approve staff's recommendation; 0 Do not approve staffs recommendation; Provide direction to staff. Agenda Item 8.a. Page 1 CITY COUNCIL CONSIDERATION of CASH DISBURSEMENT RATIFICATION SEPTEMBER 28, 2010 PAGE 2 ADVANTAGES. The Administrative Services Department monitors payment of invoices for accountability, accuracy and completeness using standards approved by the Council. Invoices are paid in a timely manner to establish goodwill with merchants. Discounts are taken where applicable. DISADVANTAGES, No disadvantages have been identified as long as City Council confirms all expenditures are appropriate. ENVIRONMENTAL ONMENTAL 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, September 23, 2010. The Agenda and report were posted on the City's rrebsite on Friday, September 2, 2010. No public comments were received. Attachments: 1. September 1 — September 15 201 — Accounts Payable Check Reg 2. September 10, 2010 — Payroll Check & Benefit Checks Register Agenda Item 8.a. Page 2 Page: 1 1 800071721 06113/2019 ATTACHMENT 1 1600071727 Pa 1 a p kHlst Check History Listing 180007171 09/17/2010 10: 6AM CITY OF ARROYO GRANDE 146862 9919212019 003863 CALIFORNIA LIGHTING Bank code: boa 9811912919 294.53 294.63 Check # Date Vendor Status ClearNoid Date Invoice Inv, Gate Amount Paid Check Total 146650 99/92/2910 008069 .SANE CLARK Rf0001 06668 09/0112019 116-83 116.33 146851 09192/2910 008026 LAURA MAZZANTI R f0001056 9 09/9112910 124.69 124.69 146852 09/02/2010 008071 PAM 1ILLH RN WOW 10 5661 09101/2019 34.31 34.31 146853 09/02/2910 008070 CINDY NABER RfO010660 0910112019 39.05 39.06 1 46854 09/02/2010 001259 A P VIDEO, I NC 4068 08/04/2019 1,476.00 1,475.00 14685 99/02/2910 006436 ALL STATE POLICE 0078249 I N 08103/2019 2,714.40 2 146856 09192/2010 006607 AT & T 317 -7480 08107/2019 65.61 66.61 146857 09/9212019 000067 R BAKER, INC 1 0-0 7 - 4 52 4 08116/201 1,34'1.38 11341 146858 0910212919 001917 BOB'S EXPRESS WASH JULY 2010 07130/2919 72.00 72.99 146859 0910212010 000990 BRISCO HILL & LUMBER 14561 08/241291 24.41 24.41 146860 0910212010 007304 BURKE, WILLIAMS & 139812 0811312919 1,421.00 1 ,421.09 1 46861 09102/2919 00011 CA ST DEPT OF 1800071713 0611312019 69717 Page: 1 1 800071721 06113/2019 111.60 1600071727 0611 3/2910 69.69 180007171 0611 312910 26.25 994.61 146862 9919212019 003863 CALIFORNIA LIGHTING 7036 9811912919 294.53 294.63 146863 09/9212010 005830 CALIFORNIA MUNICIPAL ICIPAL 10081605 98/1612010 426.09 426.69 146864 09/02/2919 064391 CASEY PRINTING, INC 16283 98123/2010 2 2,777.67 146865 09102/2010 003168 CELLULAR ONE 00532 08/3112919 197.41 107.41 146866 0919212919 003988 CENTRAL COAST A -24416 06!2312019 613.60 613.69 t> 146867 9916212010 006091 JOHN DEERE LANDSCAPES 56576068 9311612019 124.59 ii 0 55562608 06/17/2919 20.19 144.78 rok 146868 0919212919 000206 J B DEWAR, INC 612256 96104/2010 691.90 c� 00 736169 981'16/2010 . 711.16 W iD Page: 1 t� c� CL 0) M0 M t� M 00 4� ap kHi t Check History Listing Page: 9/17/2010 1 :3 AM CITY OF ARROYO GRANDE Bank code: boa Check # D Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check T 146869 0910212010 000214 DOO LEY ENTERPRISES, INC 46355 08/1812010 837.38 45304 07/301281 829.22 1 146370 09/8212010 008064 FARMERS INSURANCE 063110 0813112010 511.09 511.80 146871 09/8212610 001525 FERGUSON ENTERPRISES, 6303576 -3 68110/2810 466.75 6339123 08110/2010 247.95 6372232 08/19/2010 215-37 6394430 08/18/2010 63.63 963.60 146872 09/02/2610 006 051 PATRICK FERGUSON 082710 08/2712018 30.00 30.00 146873 09/0212610 008065 LAUREL F 083116 081311201 76.69 75.00 1 46874 09/0212010 008052 NI LAS GONZALEZ 68271 981271261 36.66 30.66 1 46875 09102/2910 005998 GRAN CONSTRUCTION P 1J 2008-08 08/3612010 116,536.91 116,536.91 146876 09102/2010 002358 GREAT WESTERN ALARM 1 008023231 01 09/0112610 28.80 00080601 3101 09/01/2010 28.80 100800713101 09/01/2010 28.80 84.90 146877 09/6212016 008053 NICOLE GUTIERREZ 082716 08/2712610 160.00 100.00 146878 09/9212619 0041 E DIE HAREMS 083110 08/31/2016 1 00.00 100.60 1 46879 09/02/2010 008062 INI GROUP BENEFITS 083110 08/31/2010 360.00 360.60 146880 0910212010 008054 KNIGHTS OF COLUMBUS 082710 6812712018 30.66 30.00 146881 09/02/2010 005511 CHRISTOPHER PHEI LINTNER 083116 0813112610 10.00 1 0.00 146882 09/0212610 908667 LOOMIS & SON INSURANCE 083110 08/3112610 719.00 719.00 146863 09102/2010 006393 LUCIA MAR UNIFIED SCHOOL 003010 0813012010 15.00 15.60 1 46884 0916212016 008055 MALLORYCO 3439293 66118/2016 467.64 467.64 146886 09/0212010 008066 GLENN MARTIN TI COMPANY V 69/0912010 683110 08/3112610 67.29 67.20 146886 0910212010 006088 MATCO TOOLS 34901 08/2812010 52.65 62.65 146887 0916212016 00 056 MATHESON TRI - CAS INC 01688498 08/19/2010 226.07 226.07 Page: 2 apkHlst Check History Listing Page: 09117/2010 10 :36AM CITY OF ARROYO GRANDE Sank code. boa Deck # Date Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check Total 146888 09102/2010 007387 TERRY MCCLELLAN 082710 08/27/2010 80.00 80.00 146889 09102/2010 000429 MINER'S ACE HARDWARE, K4540 08/25/2010 96.84 c� c� CL 0 c� M 00 CA 0 146890 09/02/2010 008057 N FF & ASSOCIATES 148891 09/02/2010 006328 NICK'S TELECOM DBA 146892 09/0212010 007157 NAT HOLDINGS LLC 145893 09/0212010 000458 NOBLE SAW, INC 146894 0910212010 007202 NSSAI1AN LLP 148895 09/02/2010 005084 NICOLE OMOHUN 146695 09102/2010 000481 PACIFIC GAS & ELECTRIC 148897 09/0212010 008058 LYNN PEAVEY COMPANY 146898 09/02/2010 005895 PE F Y'S ELECTRIC MOTORS 145899 09102/2010 004158 PHOENIX GROUP 146900 09/02/2010 000498 PITNEY BOWES, INC 1 46901 09/0212010 000523 R & T EMBROIDERY, IN 148902 09/0212010 000538 GREG ROSE 146903 09/02/2010 000810 RRM DESIGN GROUP 145904 09/02/2010 000539 SAFETY -KLEEN SYSTEMS, 145905 09102/2010 002142 SAN LUIS PAPER C K45693 3172'1 X4531 145439 K 31230 082410 4159 87 90771 374497 080910 8119 - 853299 8/18 - 704689 8/19 154503 228818 11388 072010157 71 47128 - AU 10 37011 083110 07101 309503 51733006 807825 607057 08/27/2010 08/30/2010 08/24/2010 08/25/2010 08/25/2010 08/24/2010 08/1 7/2010 09/01/2010 07/2212010 08/11/2010 08109/2010 08119/2010 08/18/2010 08/19/201 08/20/2010 08/1 08/09/2010 08/13/2010 08/06/2010 08/31/2010 08118/2010 08/10/2010 08/1712010 08/17/2010 53.27 30.40 22.80 11.92 5.96 580.00 1 00.00 2 97.25 280.28 30.00 1 ,804.28 98.19 89.45 159.00 58.55 161-67 58.00 20.26 40.00 574.00 50.00 381.60 168.24 220.99 560.00 100.00 2 1 300.00 97.25 280.26 30.00 31,789.90 159.00 56.55 161. 56.00 20.26 40.00 574.00 50.00 549.84 Page: 3 apCkH!st Check History Listing P age: 4 69/1712016 '10: AM CITY OF ARROYO F ANDE B ank code: boa Check Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 146906 09/02/2010 000675 SANTA MARIA TIRE, INC 561745 .63/20/2610 582.82 Page: 661746 68/20/2616 291.41 374.23 146907 69/62/2616 006080 MAR TINA A SAR TENT 033110 08/31/2016 66.60 66.66 146903 09/02/2616 060552 SLO COUNTY 74 A 08/0412016 304.66 304.66 146909 09/62/2616 066096 SLO COUNTY JULY 2010 07/30/2016 36.66 36.60 146910 09/62/2616 004360 TAMMY SMITH 033110 06/31 /2016 46.06 46.66 1 46911 09/62/2616 060598 SNAP-ON TOOLS CORP 199043 0611112016 1 97.17 1 97.17 14691 0916212616 006602 SOUTH SLO COUNTY BANIT 8/12 -FOG 0611212016 717.56 3 /12 - WDF 06/1212016 429.06 1,146.66 146913 09162/2616 000609 BOB SPEAR 033110 0613112919 106.06 166.66 146914 0910212919 063063 STATE FAIL INSURANCE 033110 06/31/2616 346.75 348.75 14691 69/6212616 000620 S T R EAT O R PIPE & SUPPLE' S1 162141 .001 68/0612616 164.69 164.69 146916 09/62/2016 608059 1AL ST1UBLE 030610 06/0612610 25.66 26.99 14691 0916212010 004896 TABITHA TABAREZ 090116 6910112610 154.65 154.65 146918 09162/2010 002904 TE IIPLET N UNIFORMS 39769 08/17/2010 74.64 74.64 146919 09/62/2010 002370 TITAN INDUSTRIAL 1042203 66/1312016 130.56 1042079 66/6912016 65.26 195.75 146926 09/02/2616 007515 ULINE 33801293 08/12/2010 292.09 292.69 143921 0916212016 006551 UNITED STAFFING ASSOC. 071 119 06/13/2616 1 1,063.66 146922 09/62/2010 000636 USA BLUE BOOK 217327 66119/2610 300.15 300.16 c� 14692 � 09/62/2010 00309011 UPHOLSTERY 6316 63112/2010 495-50 496.66 � CL 146924 09/6212616 008068 VALLEY CHOICE INS 033110 68/31/2616 36.06 36.66 146925 09/62/2016 003429 UAFIE VAN BEVEIEN 683110 66/31/2616 29.21 29.21 o0 1 46926 69/0212610 003660 ERIC VAS N C E LLS 090210 69/62/2010 352.66 352.60 MiD Page: i3 CL ^ ice/ M0 rMIL M c� c� 00 M apkHist 09117/2010 10: 6AM Check History Listing CITY OF ARROYO GRANDE Page: Bank cote: boa Check 0 Date Vendor 146927 0910212010 002137 VERIZON WIRELESS 146928 09/0212010 007049 V ORTEX INDUSTRIES INC 146929 09/02/2010 000687 WAY E'S TIRE, INC 146930 09102/2010 007927 S HIRLEY WILLMOTT 146931 09/02/2010 000699 LEE WILSON ELECTRIC 146932 0910212010 000704 JITMER TYSON IMPORTS 146933 0910212010 008061 DIARY ANN ZO 146934 09103/2010 000803 CARQ UE T AUTO PART 146935 0910312010 000429 MINER'S ACE HARDWARE, 146936 09/03/2010 000403 OFFICE DEPOT 146937 09103/2010 000523 R & T EMBROIDERY, 1NC 146938 09103/2010 002751 RANGE MASTER 146939 09/0312010 007326 RUSH TRUCK CENTER 146940 0910312010 008072 TERMINEX INTERNATIONAL 146941 0910312010 002137 VERI ON WIRELESS 146942 09103/2010 004561 WARD DIESEL FILTER 145943 09/07/2010 005355 CHANNEL COUNTIES 146944 09107/2010 004548 CARMEL & NACCASHA, L P Statue ClearNoid Date Invoice 0894092357 01- 547837 -1 01 549447 - 1 795136 795093 795403 083 1 10 1 007 T8153 082710 7 - 431442 X45795 X3945 K4 5569 4 5301 28872001 37090 4417 3101902592 3101002565 395484 0898154423 17980 090310 13555113554 Inv. Date Amount Paid Check Total 0810412010 568.38 568.38 0811 612010 549.77 08/13/2010 335.30 885.07 08/04/2010 32.00 08/0312010 1 5.00 08/1012010 16.00 64.00 0813112010 1 0.00 10.00 08/1812010 1,515.00 1,515.00 0810912010 3,000.00 3 08/27/2010 1,200.00 11200.00 08126/2010 11.96 11.96 08/28/2010 16.28 07102/2010 13.99 08126/2010 9.77 0812612010 5.43 45.47 0811812010 41.84 41.84 0812612010 13.55 18.55 0812412010 27.13 27.13 08/27/2010 132.82 08126/2010 68.31 201.13 0811712010 58. 68.00 0811312919 214.84 214.84 08/2012010 375.00 375.00 0910312010 270.00 270.00 0910312010 12, 881.90 12,881-90 Page: apCkH!st Check History Listing Page: 09/17/2010 10: AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor statue Dle rNold Date Invoice Inv. Date Amount Paid Check Taal 146945 09/09/2010 006360 A D IAN E D WIRELESS & 1072 3891 0910312010 237.90 237.90 146946 09/09/2010 000013 AI - IOL BLOCK, INC 331125 03/2212010 131.19 Page: 329677 03/0512010 -26.00 1 55.19 1 46947 09/09/2010 006436 ALL STATE POLICE 007 3401 -1 N 09101/2010 2 2 146943 09/09/2010 006130 ALLIANCE READY MIX, , INC 11749 03/16/2010 569.30 11 757 03/19/2010 331.00 950.30 146949 09/09/2010 006607 AT&T 000001 536471 03125/2010 135.23 000001 536470 03125/2010 36.31 000001 536464 03125/2010 36.75 000001536457 03125/2010 32.57 3125 -1935 06125/2010 29.44 000001531542 03122/2010 23.90 3125 -2041 03125/2010 14.40 413.65 146950 09109/2010 0030 PAUL BANEL 090110 09101/2010 64.43 34.43 146951 09/09/2010 001944 BASIC C HEMICAL 815773703 03123/2010 362.39 662.39 146952 09/09/2010 003075 ROBERT T BEF NAL 000110 09/01/2010 30.00 30.00 146953 09/0912010 003031 PAIL BITTNER 801559 03/3112010 1 1 146954 0910912010 000087 BREDEN PEST CONTROL, 125794 03/25/2010 114.00 126405 03/2512010 109.00 125790 0312312010 105.00 125789 0612512010 30.00 406.00 146955 09/0912010 000090 BRISCO MILL & LUMBER 145447 0310312010 20.75 145525 08/11/2010 1 0.10 30.93 D 146956 09109/2010 005296 ALICE BROWN 124707 06/02/2010 63.03 63.03 t� 146 957 09/09/2010 004149 B D NYO N B 0 S TREE 090110 09/0112010 200.00 200.00 146953 09/0912010 001577 BURDINE PRINTING (D BA ) 14931 09/03/2010 96.70 96.70 146959 09109/2010 007035 CALP 91039065 0312612010 432.52 432.62 M 00 00 iD Page: t� c� CL 0) M0 M 00 a pC k ist 0911712010 10:AM Check History Lis i ng CITY OF ARROYO GRANDE Page: Bank code: boa Check # Date Vendor 148960 0910912010 000603 CAR QUEST EST AUT PARTS 146981 09109/2010 008073 CENTRAL COAST CAUCUS 148962 0910912010 007468 COAST RIDERS 148963 0910912010 007006 COASTLINE 148964 0910912010 007548 CSG SYSTEMS INC 146985 09109/2010 006470 DECHANCE CONSTRUCTION 146956 0910912010 005091 JOHN DEERE LANDSCAPES 146907 0910912010 000208 J B D EIAF, INC 148908 09/09/2010 006431 N E I I D IA 148989 0910912010 006848 DNB INDUSTRIAL IAL SUPPLY 1 46970 0910912010 002873 DOCTORS I IEDPLDS DIED 146971 0910912010 003057 DYNAMIC IMAGING ING 1 46972 0910912010 000225 EARTH SYSTEMS PACIFIC 146973 09/0912010 087743 FAMCON PIPE AND SUPPLY 146974 0910912010 000240 FARM SUPPLY C 146975 09/09/2010 001525 FERGUSON ENTERPRISES, 146976 09109/2010 006333 F1A CARD SERVICES Status ClearNold Date Invoice 7314 - 430283 7314-430329 731 -43031 052510 000210 3969581 06947 67335 201 0 -03 55614895 739481 921844 990'110 11 8690 008749 006750 006748 0018134 -1N 235012 1 286481128749 127785A 42724'1 6418053 6425411 8120 -6321 8/20-9702 Inv. Date Amount Paid 08/20/2010 149.99 0812012010 59.50 0812012010 54.55 0910812010 30.00 09/0212010 775.62 0811 712010 36.84 0812812010 1 08128/2010 498.00 09101 12010 828.80 08123/2010 1.35 08131/2010 81.09 0813112010 61.99 09/01/2010 00.00 03/1 812010 101.76 0810612010 200.00 0810612010 1 80.00 0810812010 130.00 0712912010 80.00 0812412010 125.00 0910912010 3 07/2712010 106. 0812712010 48.93 08124/2010 746.03 0812812010 9.79 0812012010 1 0812012010 1 Chec Total 264.04 30.00 775. 36.84 2,1 44.02 628.80 1.38 143.08 60.00 101.76 510.00 80.00 128.00 4,022.13 48.93 755.82 Page: Page: apkHist Check History listing Pag 09/1712010 1 . M CITY OF ARROYO GRANDE Bank code. boa Check # Date Vendor Status ClearNoid Data Invoice Inv. Date Amount Paid Check Total 6120 -5954 0812012010 912.98 8/20-7845 08/20/2010 454.29 8120 -1331 0812012010 307.03 08120 -7837 0812012010 104.40 08/20-6362 08/2012010 85.91 8129 - 9596 0612012010 11.89 4,394.96 1469 0910912010 002813 GRAINGEF , INC 9332 46889 08/25/2010 272.58 272+ 146978 0910912010 008076 CRESPIN GUERRERO 090110 09/01/2010 200.00 200.00 148979 09/09/2010 000301 HEADOCK TRAILERS& 32937 08130/2010 27 1 262.44 32988 08/30/2010 4 32940 08/3112010 60.45 32912 08/27/2010 12010 52.20 32899 08126/2010 19.58 32,195.99 140980 09/0912010 09791 IDENTI AID 931 2841464 09/0112010 846.25 848.25 146981 091 000338 I1 1C INTL INST OF 090'110 /9/0112010 50.00 50.00 146982 0910912010 002820 1 N DO F F , INC '17122 56 0812012010 372.85 1 68243 0613012010 215-37 171 4014 0812412010 126.52 71 4.74 146983 09/0912010 990339 INTERSTATE SALES 1 503 0812712010 77.02 77.02 146984 0910912010 001793 J J KELLER & ASSOCIATES, 008464365 0812612010 382.76 382.76 146985 0910912010 008077 KIWANIS CLUB 090110 09/01/2010 30.00 30.00 146986 09/09/2010 006870 DANA MALONEY 090110 09/0112010 30.0 30.00 1 46987 091091201 092537 MDE, INC 4689 08131/201 385.00 385.00 D 146968 09109/2010 000429 DINER'S ACE HARDWARE, K 31723 0813012010 170.23 142128 0712612010 122.90 CL K46157 09/01/2010 86.97 K45910 0813012010 46.73 c� K538 0813012010 45.18 K5934 0613012010 31.52 00 o� Page: apCkH!st Check History Listing Page: 9 09/1712010 10 :35AM CITY OF ARROYO F ANDE Amount Paid Check Total 28.46 23.91 22 / .78 7.69 4.35 3.89 30.00 162.40 75.67 178.35 819.06 52.06 6. 50 30.00 724.79 458.90 5,895.19 815.64 207.53 132.80 81 9.79 4,221.75 241.48 167.25 143.86 69.59 1 5.37 134.60 604.08 30 86.73 178.35 872.92 6.50 30.00 2 458.00 55 895-19 1,'155.97 819.7 4,859,2'1 134.60 Page: 9 B ank code: boa C heck # Date Vendor Status Clear/Void Date Invoice Inv. Date K 09/03/2010 K31883 08/31/2010 K45504 08/26/2010 145434 08/25/2010 266 09/02/201 X591 08/30/2010 K46282 09/02/2010 146989 99109/2910 007434 MINER'S HARDWARE 090110 09/01/2010 146900 09/09/2010 009441 MULLAHEY FORD 138838 09/02/2010 CREDIT 09/00/2010 146991 99109/2910 000466 NOBLE SAW, INC 92984 08/19/2010 146992 99109/2010 000463 OFFICE DEPOT 530631145001 08/20/2010 530206483001 0811812010 1 46993 99/09/2010 006705 ON TRAC 6878729 07/31/2010 146994 09!9912019 008078 MARINA O RTIZ 090110 0910112010 146995 09/0912010 000503 POOR RICHARD'S PRESS, 213919 08/1 3/2010 146996 09/09/2910 098989 MYISHA ROBINSON 701509 08/31/2010 146997 99/09/2910 090570 SAN LUIS POWERHOUSE 27287 08/25/2010 146998 99199/2010 090 598 SNAP- TOOLS COR 199049 08/11/2010 199430 08/25/2010 1 99666 09/01/2010 146999 99/0912010 003288 JEFFREY SOLE A 00081 09108/2010 147000 99109/2910 000613 STATEWIDE SAFETY & 68749 09/08/2010 68748 09/08/2010 ..,,, .� 81570 08/31/2010 81142 08/24/2010 81568 08/31/2010 � ^ c� 81569 08/31/201 .l.i �F 147001 09/09/2010 0006'16 STERLING 25721 08/22/2010 Amount Paid Check Total 28.46 23.91 22 / .78 7.69 4.35 3.89 30.00 162.40 75.67 178.35 819.06 52.06 6. 50 30.00 724.79 458.90 5,895.19 815.64 207.53 132.80 81 9.79 4,221.75 241.48 167.25 143.86 69.59 1 5.37 134.60 604.08 30 86.73 178.35 872.92 6.50 30.00 2 458.00 55 895-19 1,'155.97 819.7 4,859,2'1 134.60 Page: 9 ap kHi # Check History Listing 1 042335 0312412010 P ag e: 10 0911712010 10 :35AM CITY OF ARROYO GRANDE 09/09/2010 005252 ULTREX BUSINESS 118401 08/2712010 Bank code: boa 55.94 147008 09/09/2010 000551 UNITED STAFFING ASSOC. Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total 147002 00/00/2010 000820 STREAT R PIPE & SUPPLY 51183241.001 08/10!2010 344.25 344.25 147003 0910912010 000523 SUNSET NORTH CAR WASH 2321 08131/2010 00.1 66.18 147004 0910912010 002904 TEMPLET ON UNI FORMS 40225 0910212010 187.95 167.95 1 47005 0910912010 000054 TIMES PRESS RECORDER AC T240 00020385 08110/2010 19.20 1 9.20 147008 09/0912010 002370 TITAN INDUSTRIAL 1042448 0813112010 243 A 795532 Page: 10 1 042335 0312412010 42.42 286.02 147007 09/09/2010 005252 ULTREX BUSINESS 118401 08/2712010 55.84 55.94 147008 09/09/2010 000551 UNITED STAFFING ASSOC. 071355 09/0112010 1,083.60 071254 08/2512010 1 1 010.42 2,074.02 147009 0910912010 002933 UNIR USA, INC LA -5741 08/2512010 1 ,450.00 1 1 450.00 147010 09/09!2010 000000 USA BLUE BOOK 220246 08/24/2010 137.28 137.28 147011 09/09!2010 008079 VICKY VASQUEZ 090110 09/01/2010 229.50 229.50 147012 09/0912010 000587 WAYNE "S TIRE, INC 795532 0812312010 101.08 795804 08124/2010 158.16 795403 0811812010 34.00 353.84 147013 0910912010 0007041 ITI ER -TYSON IMPORTS RTS T 160 09101/2010 500.00 500.00 147014 0910912010 004897 WOOD R D ERS INC 732 08 0710912010 3 3,999.33 147015 0910912010 000393 LUCIA MAR UNIFIED SCHOOL 090910 09/0912010 15.00 15.00 147018 0911012010 008085 RAEHELLE ANDERSON Rf000105814 0910812010 37.31 37.31 147017 03110/2010 008082 NICHOLAS S CROSS R f000105 11 091081201 50.14 56.14 147018 09/10/2010 003088 FARRELL SM TH R f000105817 09/0812010 32.32 32.32 c> 14701 0911012010 003083 MINDY HALL R f00010581 09/08/2010 16.37 18.37 147020 0911012010 008087 PLUS PROPERTY MGMT RefOOO 10 16 0910812010 58.13 58.13 147021 0911012010 008084 MATTHEW SHIELDS R (000105 13 09/081201 81.14 81.14 �F N 0 Page: 10 ap lcimlist Check History Listing Page: 11 09/1712010 10:36AM CITY OF ARROYO GRANDE Bank code: boa Check # Date Vendor Status ClearlVoid Date Invoice Inv. Date Amount Paid Check Total 1 47022 0911012010 005006 TAIGA STUM I of 00105 1 09/0812010 32.70 32.70 1 4703 09/14/2010 000492 PETTY CASH PETTY DASH -P&F 0911 412010 670.00 670.00 147032 0911412010 005795 APPLIAN CENTRAL & 09 -17152 0311612010 74.00 74.00 1 47033 0911412010 000198 L N D RTI S & SONS 11 980 1 509 08/2012010 1, 356.55 1198491 0012712010 548.40 2,095.06 1 47034 09/14/2010 000208 J E DEWAI, I 739836 0813112010 61.44 61.44 147035 09/1412010 000429 MINER'S ER'S ACE HARDWARE, ARE, 40317 0910212010 53.39 32399 0910412010 5.26 68.65 147035 09114/2010 002146 NFPA - NATL FIRE 091010 09/10/2010 810.00 810.00 147037 09/1412010 002701 RANGE MASTER 4487 0910312010 200.37 4477 03/3112010 91.73 4485 0910212010 21.74 373-64 147038 09/14/2010 003059 SOUTH COAST EMERGENCY 453791 0813112010 29.41 29.41 147039 0911 512010 000553 SLO COUNTY TY 091410 09/1512010 25.00 25.00 1 47040 091151201 008090 PRZ SEMINARS 090910 0910912010 1 55.00 155.00 147041 0911 512010 001709 ERIK JENSEN 091 510 0911512010 1,257.94 1,207.94 b oa Total: 289 184 ch in this report Total Ch 289,241.12 /Y CL 0 U3 F W � Page: 11 ATTACHMENT CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 8/2012019 - 912/201 09/10110 FUND 019 325,910 -51 FUND 220 16 FUND 228 1 r 870.73 FUND 284 4 FUND 285 1 FUND 290 105,579.02 FUND 812 6 FUND 840 20,566-87 Holiday Pay 484,288.05 O VERTIME BY DEPARTMENT: Admin. Support Services - Community Development - Plice 8 + 818,29 Fire 4 G vrnment Bldg !plaint. Sick Leave Buyback Engineering - Fleet Maintenance - Parks Comp Pay Recreation -- Admn 5115 Rec - Special Events - Children In Motion PERS Retirement Soto Sport Complex - Public Works Maintenance 889.05 5123 18, 522.41 5101 Salaries Full time 280 5102 Salaries Part -Tire - PPT 20,800.19 5103 Salaries Part -Time - TPT 27 5105 Salaries OverTime 13 5107 Salaries Standby 352.50 5108 Holiday Pay 8 5109 Sick Pay 5 5110 Annual Leave Buyback 5111 Vacation Buyback - 51'12 Sick Leave Buyback 5118 Vacation Pay 8 5114 Comp Pay 2,081.27 5115 Annual Leave Pay 47005-00 5121 PERS Retirement 82 5122 Social Security 22 5123 PARS Retirement 587.00 5128 State Disability ins. 1,599.9 5127 Deferred Compensation 788.59 5131 Health Insurance 47,898.07 5132 Dental Insurance 4,985.25 5188 Vision Insurance 1 5184 Life Insurance 590.01 5135 Long Term Disability - 5'148 Uniform Allowance - 5144 Car Allowance 875.09 5146 Council Expense - 5147 Employee Assistance 5148 Boot Allowance - 5149 Motor Pay 150.00 5150 Bi- Lingual Pay 125.00 5151 Cell Phone Allowance 840.00 484, 288.05 Agenda Item 8.a. Page 14 C %` 1NC RP RA4TED JULY 1Q. Val f C% 1 41(- 1 F MEMORANDUM T: CITY COUNCIL FROM: ANGELA K AETSC , DIRECTOR R F ADMINISTRATIVE ATIVE SEF VIA 4k B MICHELLE IVIYFIELD TREASURER f4 $-A SUBJECT: CONSIDERATION F STATEMENT OF INVESTMENT DEPOSITS DATE: SEPTEMBER 8, 2010 RECOMMENDATION: It is recommended the City Council receive and file the attached report listing the current investment deposits of the City o Arroyo Grande, as of August 31, 2010, as required b Government Code Section 53646(b). FINANCIAL IMPACT: There is no funding impact to the City related to this report. H owever, the City does receive interest revenue based on the interest rate o the investment (s). BACKGROUND: This report represents the City's investments as of August 31, 2010. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of August 31, 2010 the investment portfolio was in compliance with all State laves and the City's investment policy. ANALYSIS PSIS F ISSUES: The Director of Administrative Services has historically submitted to the City Council a monthly report, providing the following inf rmati n: 1. Type of investment. 2. Financial institution (bank, savings and loan, broker, etc. 3. Date of maturity. 4. Principal amount. 5. Rate of interest. 6 Current market value for all securities having a maturity of more than 12 months. 7. Relationship nship f the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION OF INVESTMENT DEPOSITS SEPTEMBER 8, 2010 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Recommended Al ema ive - Approve staff's recommendation to receive and file the attached report listing the current investment deposits. - 0 not approve staff's recommendation - Provide direction to staff ADVANTAGES: Safety Of principal is the foremost Objective Of the City. Investments are undertaken in a manner that seeks to ensure the preservation Of capital in the Overall portfolio. DISADVANTAGES: Some level Of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non- negotiable Time Certificate of Deposit early, or even the default Of an issuer. TO minimize such risks, diversifications Of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: NO environmental revie w is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front 0f City Hall On Thursday, September 23, 2010. The Agenda and report were posted on the City's website On Friday, September 24, 2010. No public comments were received. Attachments: 1. Portfolio Summary: August 31, 2010 Agenda Item 8.b. Page 2 ATTACHMENT 1 ii 0 /� W CITY OF CA LIFO # _ CITY O ARROYO GRANDE Portfolio Management Portfolio Summary August 31, 201 City of Arroyo Grande 2 14 E. Branch S Arroyo Grande, CA 93430 Phone: (805)473 -5400 Interest Investments Book Value Interest Rate Rate PY Date of Purchase Term Maturity Date % of Portfolio Local' Agency Investment Funds 18,280,977.99 0.81 0.925% 91.5 C erticates of Deposit - Banks Golden Security Bank 90,000.00 4.40 October 9, 2008 700 October 9, 2010 0.45% First Federal Bank o California 99,000.00 2.5310 September 18, 2009 731 September 21, 2011 0.50% Redding Bank of Commer 250,000.00 2.40 September 21, 2000 913 March 21, 2012 1.25% First Republic Beak 280,000.00 3.00 November 9, 2DO9 36 mos November 9, 2012 1.25 WARS 1 1.91% ,July 1, 2010 24 m s .dune 28, 2012 5.01% Total C ertificates of Deposit 1,689 8.46% Total Inv estment s 19 9,97 .99 100.00 W Fr THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.b. Page 4 MINUTES REGULAR MEETING of THE CITY COUNCIL TUESDAY, AUGUST 24,2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular city council meeting to order at :00 p.m. 2 . ROLL CALL City council: council Member Caren Ray, council Member Chuck Fellows, Mayor Pro Tern .Jim Guthrie, and Mayor Tong Ferrara were present. council Member Joe Costello was absent. City Staff Present: city Manager Steven Adams, city Attorney Timothy carrel, Director of Legislative and Information Services /city clerk Kelly Wetmore, Director of Recreation and Maintenance Services Doug Perrin, and Community Development Director Teresa McDlih. 3 . FLAG SALUTE Peggy Hoobery, representing the Arroyo Grande Rotary Club, led the Flag Salute. 4 . INVOCATION Pastor David Burge on, First United Methodist church, delivered the invocation. 5 . SPECIAL PRESENTATIONS Nome. 6 . AGENDA REVIEW 8.a. ordinances Read in Title Only. Council Member Fellows moved, council Member Flay 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. Mayor Ferrara announced that council Member Costello would be arriving late to the meeting and requested the public hearing item be moved out of order until his arrival so that he could participate. There was consensus to move Item 11 . 7 . CITIZENS' INPUT COMMENTS AND SUGGESTIONS Path Welsh Pradera court, referred to the fundraising event at the Dog Park which was a success, acknowledged the Mayors presence at the event, and urged the City to continue helping with the Dog Park so than there continues to be a responsible place for people to bring their dogs. Tim Moore, Fair oaks Avenue, referred to the last meeting where staff said there were not enough funds to move into Farm credit Building; stated that the city needs to rove all staff into the building at one time; and if not, the whole process should be stopped and started over. He stated the city is not saving any money if some staff remains in the city Hall Building. 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any consent Agenda Item to do so at this time. No public comments were received. Agenda Item 8.c. Page 1 Minutes: City Council Meeting Tuesday, August 2 ., 2 Page 2 Action: council Member Flay roved, and council Member Guthrie seconded the - notion to approve consent Agenda Items 8.a. through 8.e., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: 4 Ray, Guthrie, Fellows, Ferrara NOES: None ABSENT: Costello 8.a. Cash Disbursement Ratification. Action: Ratified tine listing of cash disbursements for the period August 1, 291 o through August 15, 2010. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of .duly 31, 2010. 8.c. Consideration of an Award of Contract to Eerravanti Grading & Paving for Construction of the Myrtle Street Rehabilitation Project, P If 2010-09. Action: 1 Awarded a contract for the Myrtle Street Rehabilitation Project to Ferravanti Grad ing & Paving in the amount of $52,999.00; and 2 Authorized the city Manager to approve change orders for 10% of the contract amount, $5,390, for unanticipated costs during the construction phase of the project. 8.d. Consideration of an Agreement with Daring Taylor & Associates for Design of the Well No. 11 Project, P 112010 -0 . Action: 1 Approved a consultant services agreement with Daring Taylor & Associates in the amount of $56,480 for the Well fro. 11 Project; and 2 Authorized the Mayor to sign the agreement with Daring, Taylor & Associates. 8.e. Consideration of an Award of Contract to Whittle Fire Protection for Design and Installation of Fire Sprinklers for the City Hall Annex Project, P 112009-08. Action: 1 A warded a contract for the design and installation of fire sprinklers to Whittle Fire Protection in the amount of $37,199; and 2 Authorized the city Manager to approve change orders for 10% of the contract amount, $3,710, for unanticipated costs during the construction phase of the project. 11. NEW BUSINESS 1 'I .a. Consideration of the Reorganization ation Plan for the Recreation Division. Recreation and Maintenance Services Director Perrin presented the staff report and recom mended the Council: 1 Approve the reorganization plan for the Recreation Division; and 2 Approve cost and use of the PE RS Golden Handshake Program for the Facilities coordinator position. Council questions ensued regarding the terms of the Golden Handshake Retirement program; how long the facilities coordinator position rust remain vacant; staff's reaction to an increased workload; the chances of getting the Harloe childcare site back; the increase of duties for the Sports /Facilities Supervisor; that the i ssue would have to be revisited if the retirement did not occur; and that if the city were to get the Harloe childcare site hack, the position would remain vacant, however, the city would have to re -hire part -time staff. Agenda Item 8.c. Page 2 Minutes: City Council Meeting Page Tuesday, August 2, 2090 Council Member Costello arrived at 7 . - 37 p.m. and took his place at the dais. 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 included support for the proposed reorganization plan; that the City is fortunate to have a plan that does not include a layoff of any full -time positions; acknowledgement of the loss of some part -time positions and hope that the YMCA would re-hire some of those staff members; and disappointment that the School District had the YMCA take over the childcare program at Harloe Elementary. Mayor Pro Tern Guthrie referred to a letter he received regarding a potential conflict of Interest as he was a member of the YMCA Board; stated he did not have a conflict of interest because the YMCA is a non -profit organization which is statutorily exempt, and further, he has not served on the Board since July 2009; he did not approach the School District regarding this matter; and that the District made the decision regarding the YMCA taking over childcare at Harloe Elementary School without his input. Further discussion ensued in support of the reorganization plan; acknowledgement of revenue reductions and uncertainty with the budget process; that there is no impact on services for the public; some uncertainty was e concerning impacts of increased workload on staff; that job descriptions need to be revised to be more specific as to job duties and responsibilities; and that further discussions should be pursued now with the School District for the potential of providing childcare at Harloe Elementary instead of Branch Elementary School. Action: council Member Fellows roved to: 1 Approve the reorganization plan for the Recreation Division; 2 Approve cost and use of the PEFB Golden Handshake Program for the Facilities coordinator; 3 Direct staff to come back with a more specific job description for the Childcare coordinator position; and Begin negotiations as soon as possible with the School District and the YMCA to try and get the Harloe school site back and have the YMCA take over the Branch school site. council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Flay, Ferrara NOES: None ABSENT: None g. PUBLIC HEARINGS: g.a. Consideration of Vesting Tentative Parcel Map carne No. 10-002; conditional Use Permit case No. 10 -002; Final Design Review of the Full Architectural, Site, Floor, and Landscaping Plans of a Previously Approved Commercial Building at 200 and 208 East Branch Street; Applicant - NL T Commercial C/O Nick Tompkins. Community Development Director Mccli h presented the staff report and recommended the Council: 1 Adopt a Resolution olution approving Vesting Tentative Parcel Map 10-0 02 and Conditional Use Permit 10-002 with alternative exterior design; and Approve and authorize the city Agenda Item 8.c. Page 3 finutes: City Council Meeting Tuesday, August 24, 2010 Pere 4 Manager to execute an amendment to the Purchase and Sale and Improvement Agreement with NKT Com mercial. Carol Florence, representing the applicant, spoke in favor of the proposal; requested the Council adopt the Mitigated Negative Declaration, approve the vesting Tentative Parcel Map and conditional Use Permit, and approve the amendment to the Purchase and Sale and Improvement Agreement; acknowledged all the applicant's efforts, public outreach, hearings and modifications to the project up to this point; and acknowledged and thanked the council and staff for their efforts. She then provided a graphic presentation of the project including the project site plan, landscape plan, revised common interest development (including the public restrooms), reviewed the proposed commercial condominium plan, reviewed Planning Commission design alternatives (original option versus design alternative); reviewed the one building concept drawing; provided renderings of the northwest perspective of the building, the red or blond brick alternatives, the southwest, southeast, and northeast perspectives of the building; reviewed the north, south, east and west elevation renderings; provided north and southeast views of the patio component; use of the east facing building wall for a public art program; and concluded by stating the applicant's intent is to build and complete the project prior to the centennial celebration. Staff responded to questions from council regarding the status of improvements to the public restrooms; tree replacement species and standards; parking lot modifications as it relates to the proposed trash enclosures and pick -up; clarification regarding purchase of right of way versus easement for the outdoor patio component and the increased area square footage; review of signage; clarification concerning the mitigated negative declaration as it relates to design review; that water impacts for the overall project had already been considered in the mitigated negative declaration; clarification regarding the design alternative as It relates to the use of red brick versus blend brick; clarification regarding the potential for receiving grant funds from SLOCOG for the Short Street improvements; that the project would include fire sprinklers; clarification regarding the location of the double detector check valves; clarification regarding the size of the proposed patio dining; current status of the Le Point Street parking lot project; additional funding sources which may be available for the improvements to the public restrooms; that public restrooms would be required within commercial buildings pursuant to the Building Codes; that the city has an existing public art policy; that there should be no stucco gall faces on the commercial buildings; whether CDBG funds could be used for A A improvements and water retrofit funds used for bathroom fixtures; and that staff should verify the efficiency of the parallel parking spaces as it relates to the trash /recycle pick -up schedule. Ma Ferrara opened the public hearing. Greg Steinberg Doc erntein's, spoke concerning trash pickup in the morning and noted that there haven't been any issues with cars blocking trash enclosures in the past. Patter welsh Pradera court, spoke regarding the trees and stated all 9 should be replaced; stated the new parking lot /structure should be built concurrent with Centennial Park; commented on funding for the parking structure; expressed concern regarding potential loss of parking spaces on trash day; referred to the public bathrooms and believed they should be unproved now; and supported improvement of the fagade of the public restrooms. Agenda Item 8.c. Page 4 M inutes: city Council Meeting Tuesday, August 24 2010 Pag 5 Nick Tompkins applicant, NKT Commercial, clarified that common restroorris would be provided as part of the commercial project. Gary Sche t spoke in support of the project but expressed concerns about the design as proposed and suggested a more uniform fa ade design in a condominium grid layout; and supported the picket fence at the Conrad house without brick pilasters or use of iron. Jeff Ferber, resident, spoke in support of the project; supported the design with the blond brick; stated there was no rule in architecture that requires multiple facades; loges trees but supported the removal and the zero -lot line design; supported outdoor dining; referred to the east elevation and stated some windows are missing, and liked the elevation from the alley. Tian Moore, Fair oaks Avenue, referred to the original motion and approval for the Short Street project which was to cost $50,000; expressed concern about the increasing costs and the use of street improvement funds, and requested justification of this cost. He also stated that the proposed dining area on Short Street has a New Orleans /Parisian style that does not fit the look of the Village; and stated he has opposed the project from the beginning. Shirley Gibson referred to the use of undefined condominium space and expressed concern that the city is making a blind commitment; that it appears to be one big building; it is not known if there will be adequate re troom , how many tenants, etc. She requested preservation of the authenticity of the pillage and stated there is nothing genuine or real about one building with obvious artificial multiple storefronts. Steve loss, Garden Street, referred to his e of designing Interior spaces; stated all commercial buildings are presented this way and does not preclude the building from being broken up; stated that use of common restrooms among multiple businesses is common; believed too much emphasis was being planed on what the interior space is going to be; and believed the proposed design fits current guidelines. Mike McConville, East Branch Street, e concerned about the cost for the Short Street project and wanted to see an outline of costs; inquired why the materials were being discussed and stated the Planning Commission gent through this review process; and questioned the tree replacement ratio. Susan Flores, East Branch Street, expressed concern stating that the project should resolve all ADA issues and that was still not being accomplished; stated the project is okay, but forget the artwork, add windows or brick design or landscaping; commented the cost estimates need to be better; stated the parking lot needs to be done at the same time; and did not support the look of the back of the wilding. Manetta Bennett, Allen Street, s poke in opposition to the project, stating it would need a lot of upkeep; did not support the design; e concern about the parking lot project and stated it needs to be done at same time. Council Member Fellows requested Gary Scherquist's proposed rendering be shown for benefit of the public. Gary Scher ui provided an overvie w of his proposed alternate design which would provide for some flexibility that the applicant reeds for the condominium approach and also be a good fit for the pillage. After hearing no further comments, Mayor Ferrara clued the public hearing. Mayor Ferrara called for a break at : . m. The Council reconvened at 10:00 p.m. Agenda Item 8.c. Page 5 Minutes: City Coup H Meetin Tuesday, August 2 , 2090 Page In response to a suggestion by Mayor Pro Tern Guthrie to add a special condition requiring interior gall alignment with window and door frames, Director Mccli h stated this was discussed at the Planning Commission and Condition #9 was added concerning the functionality of windows and doors and stated that the condition could be modified to strengthen the language. Brief discussion ensued with regard to the condominium layout and interior spaces as it relates to placement of windows and exterior doors. Council Member Ray provided the following comments: - With regard to the outdoor dining /right- of-way issue as it relates to purchase of the right -of- way, believed the proposal benefits the applicant more than the city and would like to see fagade upgrade to the public restroom included; and noted this would result in a long terra benefit for both parties; - Supported the parallel parking spaces, especially if it include ignage; - Commented on the condominium concept and noted than this concept makes the project economically viable for the long terra; - Does not have concerns with the number of restrooms since that issue is dictated by Building code; - With regard to cost of Short Street, understands where figures carne from and would be open to further comments on this issue; - Noticed there was not a tree replacement ratio as often required in projects; - Acknowledged public comment regarding the Le Point Street Parking Lot project and noted that this project is currently moving forward and she has no concerns; - Supported the project overall; - Acknowledged design concerns and stated she liked the proposed design rather than the unified fac ade because she did not find that it creates faun history; liked that it is visually broken up; compared it to the downtown center in San Luis Obispo; liked the step back on the very east building and believed it will showcase the Conrad House; liked the storage area provided; agreed with the Alec recommendations for the art based decor; supported the change it fencing for the Conrad House as recommended by the ARC and the Hl c; and requested that the iron rail around the outside panic be reviewed by the Alec as part of the design process; - Would like to see upgrade of the fa ade of the restroorns included in the project to unify the building; Stated that condition #6 needs to be modified to say $40,000 instead of $38,000, and supported modification of condition #9 as discussed; Stated that with those recommended changes, she could support the project. Council Member Fellows provided the following comments: - Acknowled that there were people present tonight who were not in favor of the project from the beginning and that he was one of those people; acknowledged that he needs to put that behind him so that he could make suggestions for changes to make the project better; - Agreed that the re troorns need to be upgraded to current standards; -- Believed that the 9 trees need to be replaced with 9 trees, If not more, and they s hould be a minimum of 16 gallon trees; Agenda Item 8.c. Page 6 M W nu es: City Council Meeting Tuesday, August 24, Page 7 - Referred to construction materials standards regarding unfinished aluminum not being allowed, agreed that unfinished aluminum around windows is a bad idea and colored aluminum should be required; - Did not favor the blue colored building; supported the brick colors and siding material; - Requested clarification concerning modification of condition #g as it relates to alignment of interior walls with functioning windows and doors; - Stated the fence in front of the Conrad House should be a simple picket fence without brick pilasters and should not be vinyl and not pre -cut, pre -hung fencing; - (Voted that art based d oor on the eastern wall would have to be approved later on; stated it would be nice to include a meandering concrete path with plants on both sides; - Stated the design is too busy, with too many facades; would like to see it simplified more; opposed the use of stucco over Styrofoam; - Stated he could support the project with those changes as discussed. Council Member Costello provided the following comments: - Supported the condominium concept; - Supported parallel parking in back; may need to enforce time constraints for trash pick -up; - supported iron fence on the side and Alec review; - Agreed that the trees should be replaced on a 1. ba i ; gallon i plenty large; acknowledged trees being removed where building will be located so they cannot replace trees where they were, however, they should be replaced nearby; - Supported the siding material; noted concern that the painting may fade and should be replaced or repainted on a regular schedule; - Is neutral with regard to art on the side of the building; noted there is a system in place to deal with public art to review and approve; open to suggestions for landscaping to help differentiate between the two buildings; - Acknowledged that re troorn s within the commercial buildings would be dictated by code; - Agreed this was a perfect opportunity to update the exterior of the public restrooms to make it look consistent with the new buildings and should be negotiated with the applicant; acknowledged that upgrading the interior will need to be discussed later; - Supported the multiple facades and concepts as presented; - Supported either the red or blond brick; - Supported the project with some of the changes discussed. Mayor Pro Tern Guthrie provided the following comments: -- Supported the storefront design a proposed; did not see faun history; believed the vertical scale is preferred versus a horizontal scale; As far as hoer the project relates to the Conrad House, suggested the height of the blue building be reduced; ho wever, he believed than the setback of the eastern end of the proposed building and the fence from the s idewalk was effective in highlighting the Conrad House; - Supported the picket fence without the brick pilasters; - Liked the public art concept at fiat; ackno wledged the city's guidelines which have not yet been tested; believed that the Conrad House and the trees would block the wall where art is proposed; - Supported the commercial condominium concept; Agenda Item 8.c. Page 7 Minutes: city council Meeting ing Tuesday., August 24,, Page 8 - Agreed and emphasized that the additional parking lot at Le Point Street needs to be constructed concurrently; - Believed that a plan for the Farmers' Market needs to be addressed now as this is a key piece of the Village; - Commented on cost estimates for Short street and noted that the street is going to be significantly altered and noted this is a problem when providing project concepts prior to design; Requested clarification on the options for the right of way issue; - Liked the Parisian design idea as it fits the period, provides something unique and different in the Village; - Agreed that the blue color of the building is odd as there is no other building in the Village with that color; however, he does not really have a problem with it; Liked the red brick and would like to see it on the third facade; - supported improving the public restroorns as long as it does not use the funds allocated for remodeling the Farm credit building. Mayor Ferrara provided the following comments: Discussed design and color; referred to color board; favored swapping the brick color on the two buildings to have the lighter blond brick on the corner building and red brick on the third building in; - Supported overall design as proposed which is reflected in the city's Village Design Guidelines and standards; -- Addressed public comments regarding the City Hall relocation as it relates to ADA compliance; - Would like to maintain existing pattern for street trees; - supported having the ARC review the iron work risers that support the awnings; - With regard to public art versus ivy (landscaping), would need to coordinate tree planting to determine potential blockage; supported use of a corbinati of art and ivy; - If public art used, should be able to be rotated; - With regard to short street, he noted that a compromise was made on making it a one -way street instead of closing it; and acknowledged the concerns about cost explaining that as the design evolved, so did the requirements for necessary improvements; With regard to the public restrooms, supported architectural treatment by the applicant and noted the city can make the interior improvements; - Agreed and emphasized the creed for completing the Le Point street Parking Lot project; Concluded by stating the condominium concept is a good solution. Action: council Member Ray moved to adopt a Resolution approving Vesting Tentative Parcel Map 10-002 and conditional Use Permit 10-002 with alternative exterior design; 2 Approve and authorize the city Manager to execute an Amendment to the Purchase and sale and Improvement Agreement with I KT Commercial; 3 Adding specific language to condition No. as previously discussed and the small monetary change to Condition No. 6 ($40,000); To specify that we have a true picket fence as adornment for the Conrad House and that the iron work on the west side to go back through the Alec for approval; to specify anodized aluminum and not plain aluminum as part of the window design; to require tree replacement at a 11 ratio with 15 gallon trees to be placed nearby and reviewed by the AFC and the Agenda Item 8.c. Page 8 Minutes: City council Meeting Tuesday, August 24, 201 Page landscape plan to core forward; reverse the brick colors as previously specified in the proposed color renderings; 8 that a condition be added to specify that the east wall of the building to be landscaped in such a way to break up the wall mass with the possibility of chargeable public art to be included; 9 integrate the re troom facade upgrade and require it to be reviewed by the ARC. Council Member Costello seconded. Following brief council discussion regard the costs for the re troorn fa ade upgrade, Council Member Flay clarified that the applicant would be required to com plete the faade and that the City had identified funding for the interior improvements. In response to a comment by Council Member Fellows regarding the eastern fagade of the proposed project, council Member Flay stated her motion did not include a change because the proposed project had gone through the review and approval process by the ARC and the Planning Commission. In response to clarification requested by city Manager Adams regarding the improvements to the facade of the public re troom building, Mr. Tompkins noted that this would be the time to improve the facility and than the project and the community wound benefit from it. He stated he believed it to be a separate project; however, he would be willing to contribute toward the improvement. In response to Mr. Tompkins comments, Council Member Costello suggested the following condition be added to the motion: "Direct staff to work with the applicant on designing and installing a new fargade on the public re troorn . council Member Flay agreed to amend the motion to include this condition. City Attorney Carmel clarified that the motion included modification to the language in Condition to read: "Tire applicant shall eater into an agreement if e ernine d necessary by and subject to the satisfaction of th e City Attorney and pay o 000 for purchase of the portion of the right of-way. "; and condition 9 to read: " " Interior walls small align with display windows and doors are shall be subject to the approval al o the Community Development Director with the recommendation from the ARC. „ He further clarified the proposed modifications to the Agreement would include a change in the square footage of Short Street from 590 square feet to 666 square feet with a purchase price of $40,000 for the right-of-way; and noted an additional modification to the Agreement to make it internally consistent as f ll ows : Add Section 3 to read: " "Section I I. b. 7. is hereby amended in its entirety as follows: NKT shall pay to the City $104,000.00 in parking in -lieu fees with respect to ivi ion and development of Parcel I as roe ide l in Section 3. a. 5." In response to a question by City Attorney Carmel regarding discussion about the applicant entering into a License Agreement to allow a portion of the building fronting olahan Alley to be made available for use by event organizers during public events, council Member Ray agreed and added #10 to the motion to provide the license agreement for the storage area on olohan Alley. Agenda Item 8.c. Page 9 Minutes: City Council Meeting Tuesday, August 24, 2070 Page In response to a question by city Manager Adams regarding the final brick colors, council Member Ray clarified that the most western corner building at Short Street) would be red brick and the third faade to the east of that building would be blond brick. In response to a question by city Attorney Carmel, Council Member Ray stated the motion included all the material and conditions added in the Supplemental Memorandum (conditions 88 through 00, and the modification to Condition . Council Member Costello seconded the motion as amended, and on the following roll -call vote: AYES: Flay, Costello, Fellows, Guthrie, Ferrara NOES; None ABSENT: None 10. CONTINUED BUSINESS: 10.a. consideration Of Centennial Park Project. City Manager Adams presented the staff= report and recommend the Council: 1 Approve the preliminary design for the centennial Park project; and Approve and authorize the City Manager to execute a consultant services agreement with RRM Design Group to prepare final design and bid documents in the amount of $17,800. Jeff Ferber, R M Design Group, provided an overview of the Centennial Park conceptual design. Mayor Ferrara noted that the concept drawing was shown to the Centennial celebration Committee and received support. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Mike McConville, E. Branch Street, asked for clarification concerning funding for the project; stated this was a grandiose amount of money for sprucing up an area that is already nice; inquired whether the City received other estimates, and questioned terms of the proposed Agreement. Tim Moore, Fair Oaks Avenue, expressed concern about the proposal, and suggested the war memorial be placed in Heritage Square Park where there is already a flag pole. Steve Foss, Garden Street, stated he did not understand comments on why Park funds should not be used to improve the park since that is what they are for; stated all other City parks are in good condition; and e concern with trees blocking some views. Susan Flores, spoke in support of the connecting pathway, stating it improves flow. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Council discussion ensued in support of the project; that funding is coming from the Park Improvement fund, donations, and grants, which is appropriate; that the improvements include, Agenda Item 8.c. Page 10 Minutes: City Council Meeting Tuesday, August 24, 2090 Page 11 but are not limited to upgrade and enhancement of the existing gazebo, regrading and reinforcing of the area between the gazebo and creek bank, extension of the creek side path sidewalk to connect both sides of the path, redesign of the planters, a flag pole, and a flag pole, flag, and w memorial at the entry to the park; and that the improvements will provide a tremendous asset to the pillage. Action: Council Member Costello moved to: 1 Approve the preliminary design for the Centennial Park project; and 2 Approve and authorize the City Manager to execute a consultant services agreement with RRM Design Group to prepare final design and bid documents in the amount of $17,800. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellow, ray, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL REPORTS: ITS: Due to the late hour, Mayor Ferrara requested that City Council re ports be postponed until the next meeting. The Council concurred. 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS. None. 15. COUNCIL COMMUNICATIONS: Council Member Fellows referred to correspondence received from Brad Anderson regarding the Hampton Inn project, expressed concern about the status of the project, and asked if there was anything the City could do to assist. City Attorney Carmel explained that it is a private matter; however, the City has taken steps to support resolution of the payment disputes and completion of the project. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11:44 p.m. Agenda Item 8.c. Page 11 Minutes: City Council Meeting Tuesday, August 2, 2 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City clerk (Approved at CC Mtg } Page 12 Agenda Item 8.c. Page 12 pRRO O c A. 9 INCORPORATE. Y # sty to. 1011 * i tiroRe MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICES /CITY CLERK SUBJECT: SUPPLEMENTAL INFORMATION SEPTEMBER 28, 2010, CITY COUNCIL AGENDA ITEM 8.c. — APPROVAL OF MINUTES DATE: SEPTEMBER 28, 2010 Attached is a minor modification to Page 6 of the August 24, 2010 City Council Minutes which clarifies a comment made by Council Member Fellows. Staff recommends the Council approve the minutes, as amended. c: City Manager Director of Community Development City Attorney Minutes: City Council Meeting Page 6 Tuesday, August 24, 2010 In response to a suggestion by Mayor Pro Tern Guthrie to add a special condition requiring interior wall alignment with window and door frames, Director McClish stated this was discussed at the Planning Commission and Condition #9 was added concerning the functionality of windows and doors and stated that the condition could be modified to strengthen the language. Brief discussion ensued with regard to the condominium layout and interior spaces as it relates to placement of windows and exterior doors. Council Member Ray provided the following comments: - With regard to the outdoor dining /right -of -way issue as it relates to purchase of the right -of- way, believed the proposal benefits the applicant more than the City and would like to see facade upgrade to the public restroom included; and noted this would result in a long term benefit for both parties; - Supported the parallel parking spaces, especially if it include signage; - Commented on the condominium concept and noted that this concept makes the project economically viable for the long term; - Does not have concerns with the number of restrooms since that issue is dictated by Building Code; - With regard to cost of Short Street, understands where figures came from and would be open to further comments on this issue; - Noticed there was not a tree replacement ratio as often required in projects; - Acknowledged public comment regarding the Le Point Street Parking Lot project and noted that this project is currently moving forward and she has no concerns; - Supported the project overall; - Acknowledged design concerns and stated she liked the proposed design rather than the unified facade because she did not find that it creates faux history; liked that it is visually broken up; compared it to the downtown center in San Luis Obispo; liked the step back on the very east building and believed it will showcase the Conrad House; liked the storage area provided; agreed with the ARC recommendations for the art based decor; supported the change in fencing for the Conrad House as recommended by the ARC and the HRC; and requested that the iron rail around the outside patio be reviewed by the ARC as part of the design process; - Would like to see upgrade of the facade of the restrooms included in the project to unify the building; - Stated that Condition #6 needs to be modified to say $40,000 instead of $38,000, and supported modification of Condition #9 as discussed; - Stated that with those recommended changes, she could support the project. Council Member Fellows provided the following comments: - Acknowledged that there were people present tonight who were not in favor of the project from the beginning and that he was one of those people; acknowledged that he needs to put that behind him so that he could make suggestions for changes to make the project better; - Agreed that the restrooms need to be upgraded to current standards; - Believed that the 9 trees need to be replaced with 9 trees, if not more, and they should be a minimum -of 15 gallon trees at least, because anything larger than that is harder to plant and harder to fit around infrastructure ; RO INCORPORATE #. M JULY I o, 1911 Fort T FROM: CITE COUNCIL MEMORANDUM STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION OF LOCAL TAXPAYER, PROTECTION ACT DATE: SEPTEMBER 2 201 SUPPORT FOR PROPOSITION 22 - THE PUBLIC SAFETY AND TRANSPORTATION RECOMMENDATION: It is recommended the City Council adopt the attached Resolution in support of Proposition 22. — the Local Taxpayer, Public Safety and Transportation Protection Act. FUNDING: There is no financial impact from the recommended action. However, approval of Proposition 22 is important to avoid future loss of City revenues to the State of California. Therefore, the measure will have a substantial impact on the City's financial future. BACKGROUND: Over the past two decades, the City has lost millions of dollars in local revenues to State takeaways. This has largely been done by the State to help address their budget shortfalls by talking local government funding to meet their financial obligations to the schools. As a result, California voters over whelmingly approved Proposition 'IA in 2004 by nearly % of the vote, which established protections again State raids on local revenues. However, loopholes were included in the measure that have been exploited by the State. Proposition 22 has now been placed on the November 201 ballot to address these loopholes. ANALYSIS OF ISSUES: Proposition 1A included provisions for the State to borrow funds from cities when the Governor declares a fiscal emergency. However, this has been abused by utilizing the provision to classify the State's inability to balance their budget as a fiscal Agenda Item 8.d. Page 1 CITY COUNCIL CONSIDERATION of SUPPORT FOR PROPOSITION 22 - THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT SEPTEMBER 28, 2010 PAGE 2 emergency. Concerns have also been identified regarding the ability to legally require the State to repay funds when borrowed. Redevelopment Agency funds were not addressed in Proposition 1A. As a result, this funding source has become a focus for the State since that time. The California Redevelopment Association filed and Avon a laver suit against the State in FY 2008 -09, which prevented loss of tax increment funds to the State. However, similar legal action tailed in FY 2009 -10. Therefore, the City lost over $400,000 to tax increment funds to the State last fiscal year and will lose more this year. This has all occurred during the worst economic conditions since the Great 'Depression, and Redevelopment financing is the most successful economic development tool available to ommunities. Meanwhile, there have been attempts by the State to take Gas Tax funds restricted for transportation purposes. There have also been discussions regarding potential impacts to transient occupancy to (TOT) and other local funds. ALTERNATIVES: The following alternatives are available for City Council consideration: Adopt the Resolution; Modify as appropriate and adopt the Resolution; or Provide other direction to staff. ADVANTAGES: TAGES: Proposition 22 will close current loopholes allowing the State to take City revenues and help protect vital local services. It will protect Redevelopment, Gas Tax and other locally restricted funds not sufficiently addressed in Proposition 1A. It will also establish legal safeguards to help enforce the provisions of the measure if funds are illegally taken by the State. It does not increase taxes, decrease revenues to the schools, or impact other agencies in any way because it only restricts the State from taking the City's revenues. D ISADVANTAG ES: 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, September 23, 2010 and on the City's website on Friday, September 24, 2010. No comments were received. Agenda Item 8.d. Page 2 RESOLUTION N . A RESOLUTION OF THE CITY COUNCIL OF THE CITY F ARROYO GRANDE IN SUPPORT T F PROPOSITION THE LOCAL TAXPAYER, , PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 201 WHEREAS, S, California voters have repeatedly and o verwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency resp parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and goads, to make road safety improvements, relieve traffic congestion, and provider ass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the state from taking these revenues dedicated to funding local government services and transportation improvement projects, the state Legislature has seized and borrowed billions o dollars in local government and transportation funds in the past fever years: and WHEREAS, EAS, this year's borrowing end raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences throughout the state, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, state politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally - dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public safety,, and Transportation Protection Act of 2010, which will be on the November 2010 statewide ballot as Proposition 22# and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent state politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. Agenda Item 8.d. Page 3 RESOLUTION No. PAGE NOW, THEREFORE E E IT RESOLVED ED that the City Council of the City of Arroyo Grande formally endorses Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment. E IT FURTHER RESOLVED ED that the City Council hereby authorizes the listing of the City of Arroyo Grande in support of Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, and instructs staff to fax a copy of this Res to ca mpaign offices at 916.442.3510. On a motion by Council Meaner , seconded by Council Member , and by the following roll call Grote to grit: AYES: NOES: ABSENT: the foregoing Resolution olution vas passed and adopted this day of September, 2010. Agenda Item 8.d. Page 4 RESOLUTION N , PAGE TONY FER A A, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.d. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.d. Page 6 R 0 �6 0 N tN APQCiATS0 .JL)L Y 10. 1011 T. CITY COUNCIL M EMORANDUM FROM: DOUG PERRIN, DIRECTOR O RECREATION AND MAINTENANCE SERVICES w MIKE LINN, ASSISTANT CITY ENGINEER rile SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE SOTO SOT POND NO. 1 FENCE REPLACEMENT PROJECT, PII 2010- DATE: SEPTEMBER 28, 201 RECOMMENDATION It is recommended the City Council: 1. Accept the project improvements as constructed by Central Coast Fence, Inc. in accordance with the plans and specifications for the Soto Pond No. 1 Fence Replacement ement project; 2. Direct staff to fire a Noti of Completion; and 3. Authorize release of the retention, thirty -five 3 days after the Notice f Completion has been recorded, if no liens have been filed. FINANCIAL IMPACT: The amended Capital Improvement Program gran budget includes $40,000 for the Soto Pond No. 1 Fence Replacement ement Project. The actual total construction contract cost i $36,481 ($33,161 base hid + $3,141 in contingencies). BACKGROUND: O n .June 8, 2010, the City Council awarded a construction contract to Central Coast Fence, Inc. for the Soto Pond No. 1 Fence Replacement ement Project. The scope o f work involved the construction of a new sic -foot tall chain link fence at the perimeter of the pond and also around the perimeter o two adjacent pump houses and facilities. T conform to Homeland Security requirements, the pump house fences are topped with three strand barbed wire. The fence fabric is black vinyl coated and all other components of the fence (posts, rails, etc.) were painted black. To sage money, the demolition of the existing fence, clearing and grubbing operations, and regrading of an existing earthen berm were performed by City staff` prig to contractor mobilization. In the future, staff will coordinate the installation of decorative landscaping and drip Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION of ACCEPTANCE of THE SOTO POND No. I FENCE REPLACEMENT PROJECT, PIN 2010 - SEPTEMBER 28, 2010 PAGE 2 irrigation between the new fencing and the side walks along Ash Street and behind the group barbeue area. ANALYSIS of ISSUES: The contractor has completed the work in accordance with the approved plans and specifications. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendations; Do net accept the project; Accept the project, but do not authorize release of retention; or - P rovide direct to staff. ADVANTAGES: The project is complete. Accepting the improvements will allow staff to close the project and designate the remaining funds towards 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 warrant period for the contractor to address any construction defects that may arise. ENVIRONMENTAL ONMENTAL F EVIE : The project is categorically exempt from CE QA pursuant to Section 15301 d . PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, September 2, 2010. The Agenda and report were posted on the City's webs ite on Friday, September 2, 201 o. No public comments were received. Attachment: 1. notice of Completion Agenda Item 8.e. Page 2 XT)VEOCORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE P.O. BOX 550 ARR GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: ATTACHMEN 1 1. The undersigned is owner or agent o owner of the interest or estate o the property hereinafter described as stated below. 2 . The FULL. DAME of the OWNER is; The r �y o fA rrovo G rand e 3 . The FULL ADDRESS of the O WNER is; 2 14 East Br anch Street, Arra o Grande C 93420 4 . The NATURE OF THE INTEREST or ESTATE of the undersigned is. , in Lee - 5 . THE FULL NAME and FULL ADDRESS o ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT T TENANTS or as TENANTS IN COMMON are: DAMES ADDRESSES Wane 6 . THE FULL, NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES No ne 7 . All work of improvement on the propert y hereinafter described was COMPLETED A Mst 2 7, 2010 8 . The NAME OF THE ORIGINAL CONTRACTOR I if any, for such work of improvement is: Central Coast Fence Inc. 9. The street address of said property is: Non I. The property on which said work of improvement was completed is in the City of Arr Grande, County of San Luis Obispo, State California, and is described as follows: Solo Form No. 1 Fence ftlacement Project P W 2010- Verification of NON-INDIVIDUAL IDUAL owner: I, the undersigned, declare under penalty of perjuty ender the laws of the State of lif rnia that I am 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 September 29, 2010, Arroyo Grande, California -- END O DOCUMENT -- Agenda Item 8.e. Page 3 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.e. Page 4 ow- 6 , INCORPORATE JK ` 10 . 19 *I MEMORANDUM I Oft TO: CITY COUNCIL FROM: STEVEN N. ANI IBJ LI, CHIEF OF POLICE SUBJECT: CONSIDERATION OF A CONTRIBUTION TO THE SAN LIT OBISPO COUNTY NARCOTICS TASK FORCE DATE: SEPTEMBER 28, 201 RECOMMENDATION: It is recommended the City Council approve a contribution to the San Luis Obispo County Narcotics Task Force ( SLONTF) in the amount of $20,000. FINANCIAL. IMPACT: Although Arroyo Grande has provided a swom officer assigned to the Task Force since it's inception In the gg's, this contribution is proposed in lieu of providing that sworn officer position. The cost of providing a s worn officer exceeded $140,000 per year, in addition to .providing a vehicle, fuel equipment and supplies. The pro posed $20,000 contribution is available from salary savings in the existing Police Department budget in the General Fund for FY 2010 -'11, which will cover the cost. BACKGROUND: The SLONTF is one of the longest operating California Department of Justice Bureau of Narcotics Enforcement supported narcotics task force in the State. The SLONTF was formed in the early 1980's by a collaborative effort of the county's Criminal Justice Administrators in cooperation with the Department of Justice Bureau, of narcotic Enforcement (BIDE) who provides the major funding. SLONTF is supported by the San Luis Obispo county District Attorney's Office, sheriffs Department, Probation Department, State Parole, Cal Poly University and all the municipal police agencies, with the exception of the City of Morro Bay. The purpose of the SLONTF is to effectively enforce the controlled substance laws of the State of California as expressed in the Health and Safety Code and applicable Federal lavers relating to the illegal trafficking of controlled substances. Use of this task force concept is Intended to ensure well-coordinated narcotics enforcement In the region and increase the flow of narcotic- related intelligence information between the various law enforcement agencies participating in the BI'E Task Force program. The multi-agency task force approach to narcotics enforcement greatly enhances local la enforcenents ability to conduct narcotics enforcement activities. Due to the relatively small size of the lair enforcement agencies in this County the task force concept Is the most effective wary to have a significant affect on narcotics trafficking. Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION of A CONTRIBUTION UTION To THE SAN LUIS O ISPO COUNTY NARCOTICS TASK FORCE SEPTEMBER , 201 PAGE 2 ANALYSIS of ISSUES: Agencies that support the SLNTF do so in two wars either the assignment of personnel and a contribution to the operating costs. The City of Arroyo Grande provided a full - time officer, vehicle and equipment since the Task Force's inception in 1982 until January of 2009. Due to the fact that the need existed for additional police staffing within the Cit y of Arroyo Grande, coupled with the fact that the City of Pismo Beach has elected to provide a sworn position to the Task Force, the decision was made to pursue approval of the contribution form of support for the Task Force. The City of Grover Beach provides a $20,000 annual contribution and the other supporting cities and agencies provide staffing in lieu of the contribution. cal Pour provides a $4,000 annual contribution. The Arroyo Grande contribution will go directly to the operating costs of the Task Force. ALTERNATIVES: The follovAng alternatives are provided for the Council's consideration: 1. Approve staffs recommendation to approve the contribution to the SL NTF; 2. Do not approve staffs recommendation and direct staff to seek alternatives for narcotics enforcement or 3. Provide Direction to staff A DV AN TAGES; Approval of the contribution to the SLNTF will enable the city to provide support for narcotics enforcement at a significantly reduced cost compared to assigning a full -time officer. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The public impacted by the proposal is the Arroyo Grande Police Department's service population. The public has been made aware of the proposal before council by a posting of the Agenda in the front of city Hall on Thursday, September 23, 2010 and on the City's website on Friday, September 24, 2010. No public input has been received to date. Agenda Item 8.f. Page 2 � INC MEM JULY 10. 1811 T: CITY COUNCIL W FROM: TER ESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF TEMPORARY AF Y USE PERMIT CASE NCB. 10-018 AUTHORIZING USE OF A PORTION F THE OLOHAN ALLEY PARKING ING LOT AND TEMPORARY CLOSURES OF PORTIONS F L HAN ALLEY AND SHORT STREET FOR CONSTRUCTION PURPOSES; AND IMPLEMENTATION OF RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND PEDESTRIAN WALKWAY FOR THE PERIOD OF OCTOBER 2010 MAY 2011 APPLIED FOR Y NIT COMMERCIAL DATE: SEPTEMBER 28, 201 RECOMM It is recommended the City Council approve Temporary Use Permit 16 -616 and adopt a Res authorizing use of a portion of the Ol Alley parking It and temp closures of portions of 01 Alley and Short Street for construction purposes; and implementation of related safety measures including no parking zones and pedestrian walkway for the period of October 2 010 — M ay 2 011. FINANCIAL IMPACT: No financial impacts. BACKGROUND: O n February 23, 2010 the City Council adopted Resolution I . 4262 and approved a Purchase and Sale and Improvement Agreement (including the creation of two lots, demolition and construction o f the Shops at Short Street project, [the "project "] ) and subsequently approved minor modifications to the Agreement on April 2, 2616 and September 1, 2010. On August 2, 2010 the City Council adopted a Resolution approving the subdivision and final design for the project. The project is in final plan check and construction is e to begin in raid October. ANALYSIS OF ISSUES: Construction staging is proposed to occur within the parking area behind the project site (Attachment 1). The conditions of approval require the applicant to enter into an encroachment agreement to address indemnification, insurance and construction issues. During most of the sic month period between October 2010 and May 2011, this portion of the Alley will be gated off and closed to vehicular travel. Emergency access Agenda Item 8.g. Page 1 CITY COUNCIL TUP 10 -01 SEPTEMBER 28, 2010 PAGE 2 OF 2 will continue to be available. short Street will remain open during most of the project construction. When Short Street is reconstructed, a vehicular travel lame will be maintained through 01ohan Alley to Mason street. Pedestrian travel areas will be maintained along the sidewalk at the Creek through Than Alley during all phases of construction. Additionally, a walkway will be maintained from the Alley to short street between City Hall and the Conrad House and an ADA parking space will be provided and restriped adjacent to the Conrad House. A covered walkway will be provided along E. Branch Street in the parking lane, utilizing approximately an additional three parallel parking stalls. Farmers Market is proposed to utilize the west end of 01ohan Alley during the project construction phase. Vehicular travel will be maintained through short street or through the Alley to Mason Street during the Farmers Market. Contractor parking will be located at the JJrs Market site during project construction and contractors will net be allowed to park outside the staging area in 01ohan Alley. ALTERNATIVES: Construction staging could occur on short street, keeping some of 01ohan Alley open to vehicular traffic during portions of project construction. Heger, most of the Alley will still need to be closed and gated during construction even if staging was located on Short Street due to safety concerns with construction o f the project and immediate proximity to the construction area. ADVANTAGES: Use of the staging area in 01ohan Alley will allow project construction to proceed with an aggressive project schedule and with optimum safety to the public. It will also enable Short street to remain open for the majority of the construction period. DISADVANTAGES: Daring construction, approximately twelve parking spaces will be unavailable to the public and vehicular traffic through the Alley.will be restricted. ENVIRONMENTAL REVIEW: This temporary use is exempt from environmental review per CE QA Section 15061 3. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, September 23, 2010. The Agenda and report were posted on the City's website on Friday, September 24, 2010. No public comments were received. - Agenda Item 8.g. Page 2 RESOLUTION NO. A RESOLUTION F THE CITY COUNCIL F THE CITY F ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 10-018, AUTHORIZING USE OF A PORTION OF THE OLOHAN ALLEN PARKING LOT AND TEMPORARY CLOSURES OF PORTIONS OF OLOHAN ALLEY AND SHORT STREET FOR CONSTRUCTION PURPOSES; AND IMPLEMENTATION I F RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND PEDESTRIAN WALKWAY FOR THE PERIOD OF OCTOBER 2010 — MAY 2011, APPLIED FOR BY NKT COMMERCIAL MERCIAL WHEREAS, on February 23, 2010, the City Council adopted Resolution I. 4262 and approved a Purchase and Sale and Improvement Agreement (including the creation of two lots and construction of the Shops at Short Street project, [the "project "] ) and subsequently approved minor modifications t the Agreement on April 27and September 14, 2010. On August 24, 2010, the City Council adopted a Resolution approving the subdivision and final design for the project; and IIHERE S, construction and deVel op ment of the project will begin in October 2 010 and will be completed in May 2011; and WHEREAS, the project is located in a developed area o f the pillage Core with limited adjacent staging areas; and WHEREAS, in order to facilitate construction of the project and to ensure the safety of workers and the general public around the construction site the applicant is requesting the temporary use of portions of 01ohan Alley and Short Street. NOW, , THEREF RE, BE IT RESOLVED that the City Council of the City o Arroyo Grande does hereby approve Temporary Use Permit 10-018 authorizing the use of portions of T han Alley and Short Street and implementation o f related safety measures including no parking zones and pedestrian walkways for the period o October 201 — May 2011 subject to the conditions set forth in Exhibit "A", and as shown in Exhibit " " and both of which are attached hereto and incorporated herein by this reference. Agenda Item 8.g. Page 3 RESOLUTION UTIOI No. O motion by Council Member. following roll call mete, to grit: AYES: NOES. ABSENT: seconded by council Member and by the The foregoing Resolution was passed and adopted this day of 2010. Agenda Item 8.g. Page 4 RESOLUTION 1 . TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: T: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.g. Page 5 RESOLUTION No. EXHIBIT 64 A" CONDITIONS of APPROVAL TEMPORARY USE PERMIT 10-018 CLOSURES of PORTIONS of OLOHAN ALLEY AND SHORT STREET FOR CONSTRUCTION PURPOSES; AND IMPLEMENTATION of RELATED SAFETY MEASURES INCLUDING No PARKING ZONES AND PEDESTRIAN WALKWAY FOR THE PERIOD of OCTOBER 201 — MAY 2011 GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The event organizers shall comply with all of the Conditions of Approval for Temporary Use Permit 10-013. 4. The applicant shall agree to defend at his/her sole e any action brought against the City, its agents, officers, or em because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City nay, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 5. The applicant shall enter into an encroachment agreement to address indemnification, insurance and construction issues to the satisfaction of the City Attorney. 6. Due to the closure of public restrooms as a result of construction activities, the applicant shall provide ADA compliant portable public restroorn facilities which include hand washing facilities of a design commensurate with the public facilities being displaced and to the satisfaction of the Community Development Director during the time period of the encroachment permit. Agenda Item 8.g. Page 6 A Item 8. Pa 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.g. Page 8 INCORPORATED �c JULY 1 0, 1011 MEMORANDUM 1IF TO: CITY COUNCIL L o- FROM: TERESA McCLISH, I lMUNIT DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF AN AGREEMENT FOR CONSULTANT SERVICES WITH GE1 CONSULTANTS, INC. FOR PREPARATION OF THE NORTH ERN CITIES MANAGEMENT AREA 2010 ANNUAL MONITORING REPORT DATE: SEPTEMBER 28, 201 RECOMMENDATION; It is recommended that the City Council approve allocation of funds and authorize the Mayor to execute an agreement for consultant services with GEI Consultants, Inc. in connection with the annual groundwater monitoring report in the amount of $23,987. FINANCIAL IMPACT: The cost to produce the annual groundwater monitoring report is $79,822. The cost is shared among several agencies, of which the City is responsible for 30.05%, or $23,987. The cost will be paid from the Water Fund. B ACKGROUND: The City has continued to participate with neighboring jurisdictions on required reports and studies concerning the management of the Santa Maria Groundwater rater Basin. For several years, the City has contracted with Todd Engineers for preparation of the annual report that is required in accordance with the Santa Maria Groundwater Basin Adjudication. Additionally, the City has contracted with Todd Engineers previously for additional water sampling, to gather additional well data, and to make repairs to the Sentry Wells that are used to monitor for potential sea water intrusion. Staff has participated with other staff from neighboring jurisdictions to form the Northern Cities Management Area Technical Advisory Group NCMA -TAD) in order to coordinate management activities. This year the NCMA -TAC formed a selection committee and distributed an FFP to solicit proposals for preparation of the 2010 Annual Groundwater Monitoring Report. Two proposals were received and the NCMA -TAC ranked, discussed and ultimately selected GEI to prepare the necessary reports. ANAL YSIS OF ISSUES: In 2008, a water balance study of the groundwater basin conducted by Todd Engineers indicated a need to implement a monitoring and reporting program. Such a program was recommended as away to more efficiently manage the condition of the water supply in the groundwater basin. During April 2009, Todd engineers completed the first Annual Monitoring Deport for the Northern Cities Management Area NCMA and initiated the Agenda Item 8.h. Page 1 CITY COUNCIL CONSIDERATION of CONTRACT WITH GEI CONSULTANTS FOR THE NCMA ANNUAL MONITORING REPORT T SEPTEMBER 2 , 20'1 PAGE 2 collection of sentry well water quality samples. The findings of the sentry well grater quality data will be incorporated into the 2009 — 2011 monitoring program and any needed special studies. The 2010 Annual Groundwater Monitoring report is due to the California Department of Water Resour on April 3, 2011. ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve an Agreement with GEI Consultants in the amount of $23,987 in connection with the annual monitoring report for the Santa Maria Groundwater Basin Adjudication; • Do not approve an amendment to the Agreement with GEI Consultants; or • Provide staff direction. ADVANTAGES: Implementation of the monitoring and reporting program, including changes in grater levels or quality, will enable the City and its partner jurisdictions to react quickly to any issue affecting water supply in the groundwater basin. The monitoring program has provided a mechanism allowing all parties to be better informed with regard to the changing condition of the basin, and consequently, has allowed for the opportunity for better collaboration between the City and partner jurisdictions included in the Arroyo Grande Groundwater Basin Management Agreement. The GEI Consulting team includes staff with local experience, a track record of meeting reporting requirements ents of adjudicated basins and will bring a new perspective to achieve the objectives of the NCMA. DISADVANTAGES: By approving the agreement, the City will need to pay its share of the cost, which is 30.05% according to the Arroyo Grande Groundwater Basin Management Agreement. Based on the proposal submitted by GEI Consultants, this amount would be $23,987. ENVIRONMENTAL ONMENTAL F E IE1 : No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, September 23, 2010. The Agenda and staff report were posted on the City's website on Friday, September 2 , 2010. No public comments were received. Attachment: 1. Consultant Services Agreement Agenda Item 8.h. Page 2 ATTACHMENT 1 AGREEMENT T FOR CONSULTANT SERVICES THIS AGREEMENT T is made and effective as of September 28, 2010, between GEI INC. "Consultant ", and the CITY of ARROYO GRANDE a Municipal Corporation ("City"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TER This Agreement shall commence on September 28, 2010 and shall remain and continue in effect until October 28, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and comply with all terms and provisions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3. PE RFORMANCE Consultant shall at all times faithfully, competently and to the best of his /her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. AGREEMENT ADMINISTRATION ISTRATION City's Director of Community Development shall represent City in all matters pertaining to the administration of this Agreement. Robert Almy, PG, shall represent Consultant in all matters pertaining to the administration of this Agreement. 5. PAYMENT The City agrees to pay the Consultant 30.0 5% of fees in accordance with the payment rates and terms set forth in Exhibit "E'}, attached hereto and incorporated herein by this reference. The Consultant agrees that any proposed amendment to this agreement for additional or optional tasks include a limitation on fee increases to not exceed the increase of the Consumer Price Index in Los Angeles and in any event not exceed 3% in any option year. 6. SUSPENSION OR TERMINATION of AGREEMENT T WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten 1 days prior written notice. Upon receipt of said notice, the Consultant shall Page 1 Agenda Item 8.h. Page 3 immediately cease all work under this Agreement, unless the notice provides otherwise. If the city suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. ( b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of v alue to the city. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5. 7. TERMINATION ON OCCURRENCE of STATED EVENTS This Agreement shall terminate automatically on the occurrence of any of the following events: ( a) Bankruptcy or insolvency of any party; ( b) Sale of Consultant's business; or ( c ) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement term specified in Section 1. 8. DEFAULT of CONSULTANT ( a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. ( b) If the city Manager or his /her delegate determines that the consultant is in default in the performance of any of the terms or conditions of this Agreement, he /she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten 1 days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at la, in equity or under this Agreement. g. LAWS To BE O Consultant shall: ( a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to e performed by Consultant under this Agreement; Page 2 Agenda Item 8.h. Page 4 ( deep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's performance under this Agreement, o the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said lavers, ordinances, regulations, orders, and decrees mentioned above; (d) Immediately report to the City's - Contract Manager in writing any discrepancy or inconsistency it discovers in said lags, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. (e) The City, and its officers, agents and employees, shall not be liable at lair or in equity occasioned by failure of the Consultant to comply with this Section. 10. OWNERSHIP SHIP of DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable tines to such boobs and records; shall give City the right to examine and audit said boobs and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together w ith supporting documents, shall be maintained for a period of three 3 years after receipt of final payment. (b) Upon completion of, or in the agent of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall male available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 11. INDEMNIFICATION Page 3 Agenda Item 8.h. Page 5 (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by laver, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents "Indemnified Parties" from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. (b Indemnification for Other Than Professional Liability Other than in the performance of professional services and to the full extent permitted by laver, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, fosses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same anise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or b any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with previsions 'identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 12. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit "C" attached hereto and incorporated herein as though set forth in full. 13. INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the City a wholly Independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except Page Agenda Item 8.h. Page 6 as set forth in this Agreement. Consultant shall not at any time or in any :manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any :Wanner. (b) No employee benefits shall be available to Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, gages, or other compensation to Consultant for performing services hereunder for City. City shall not b e liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. I ]I:011141IT T . - t Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at laver or in equity. 15. NO BENEFIT To ARISE To LOCAL EMPLOYEES N member officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his /her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceed thereof, for work to be performed in connection with the project performed under this Agreement. 16. RELEASE of INFORMATION/CONFLICTS of INTEREST ( a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, o other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Wage Agenda Item 8.h. Page 7 (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. Ho wever, City's right to review any such response does not imply or mean the right b City to control, direct, or rewrite said response. 1. NOTICES Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by i personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt shoring date and time of delivery, or (iii) railing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To City: City of Arroyo Grande Teresa lll'lcClish 214 E. Branch Street Arroyo Grande, CA 93420 To Consultant: GEI Consultants, Inc. Tim Anenson, hive President 10860 Gold Center Drive Rancho Cordova, CA 95670 18. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City. 19. GOVERNING LAIN The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande. Page 6 Agenda Item 8.h. Page 8 20. ENTIRE AGREEMENT EEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. T IME City and Consultant agree that time is of the essence in this Agreement. 22. CONTENTS of REQUEST FOR PROPOSAL AND PROPOSAL Consultant is bound by the contents of the City's Request for Proposal. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Consultant's proposals. 23. CONSTRUCTION The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only and are not intended to be construed to define or limit the provisions to which they relate. 24. AMENDMENTS Amendments to this Agreement shall be in writin and shall be made only with the mutual written consent of all of the parties to this Agreement. 25. AUTHORITY To EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Page Agenda Item 8.h. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY of ARROYO G AN CONSULTANT Attest: Kelly Wetmore, City Clerk Approved As To Form: Timothy J. Carmel, City Attorney Page Tory Ferrara, Mayor Its: (Title) Agenda Item 8.h. Page 10 EXHIBITS A AND SCOPE OF WORK AI D PAYMENT ENT SCHEDULE (Full scope of work on fife at Community Development Department) Page Agenda Item 8.h. Page 11 Bookman Edmon n, a dMsbn of GEI Consuftantia Table 1 NC MA Annual Monitoring Report Northern Cities Management Area Technical Group Son Luis Obispo County, California Deg fi t TASK SUBTG Task 1.1 Develop Detailed Groundwater Monitoring and Report Schedule $ 600 $ 600 Task 1.2 Meetings Project Management and Communication $ 12 $ 12,600 Task 1.3 Groundwater Monitoring, Water Quality Sampling, Quarterly Reports Laboratory Testing 8 us $ 8 8 Task 1.4 Groundwater Data Analysis 225 5 $ v,01 Task 1.5 Hydrologio Data C ompilation $ 6,715 $ 6 Task 1.6 dater Demand and Availability Analysis $ 4 $ 4 Task 1.7 Annual Monitoring Report Preparation $ 8,683 $ 0 LABOR COST: I $ 47,687 Classification Rate Expenses R, ate U nits Senior Principal $ 276 Subcontractors Sampling us 28,700 Senior Consultant - Grade 276 Laboratory Testing Task Spef us $ 8 Senior Consultant - Grade 8 225 Markup at 5% 5% $ 1 Senior Professional - Grande 7 $ 200 Senior Professionai - Grade 6 169 OTHER DIRECT COST: $ -1- 32s2 v Senior Professional - Grade 5 $ 148 Project Professional - Grads 4 $ 121 TOTAL COST, 70,82 Project Professional - Grade 3 $ 112 Staff Professional - Grade 2 $ 102 Additional Qtt Dil;ect costs Staff Professional - Grade 1 $ 92 S r. CADD Drafter and Designer $ 112 Mileage $ 0.50 mile ADD Drafter /Designer and Semior Technician $ 102 Reproduction Task Spef CIS Technical, Word Processor, Administrative S $ 82 Shipping Task Spel u Offi A +d 6 Equipment Rental Task Spet Lis onsurmables Task Spef LA Lodging $ 85.00 day Per Diem Task Spef day tD CL 2) � tD tD �00 N =r Attachment Proposed General Schedule Revised 08/26/2010 Northern Cities Management Area Annual Monitoring Program c� c� c� �00 w=r Task Event Milestone/ Work Product start Duration Day End N to Proceed 10/18/2010 Task 1.2 kickoff meeting M Summa 1 10/21/2010 Task 1 Sub mittal t Committee Detailed Sch 10/1 EV201 0 10 1 Task 1.2 Meeting (Schedule and Data Meeting Summary 1 Collection T 1.7 Submittal to Cernm ttee Draft Annual Report Outline 1011 EV201 0 28 Task 1.3 Groundwater Monitoring and Data Collection 11101 /2010 16 111161201 Sampling Q 4 report 11117/2010 21 1210812010 Data Collection 01/10/2011 16 0112412011 1 report 01 125120 11 21 021 Data Collection 0410412011 18 04/20/2011 2 repo 04121 21 0511212011 Data Collection 08/15/2011 16 0812412011 3 report 0812512011 21 0511 Task 1.2 NIVIMA and SMVWA 2 meetings 1 March 2811 coordination Meetin Summaries 1 September 2011 Task 1.4 Groundwater Data Analysis Data summary and analysis for 1111 X201 77 0113112011 Annual Report Task 1.8 hydrologic Data Compilation Data summary and analysis for 1111512010 77 0113112011 Annual Report Task 1.6 Water Demand and Availability Data summary and analysis for 1111 51201 77 0113112011 analy AnnuaIR2p2rt Task 1,7 Admin. Draft Annual Report E e ort to Water Right counsel 0111012010 48 0212512011 Task 1.7 Draft Annual Report Report to NCMA and Niporno 5311412010 25 04108/2011 Mesa MA Task 1.7 Meetin g with N CIVIA and NMMA Meetin cmma 1 0411512011 Task 1.7 Final Re I . Final Repo 0411612011 13 0412512011 Dote: Meeting dates shown are proposed and subject to change Additional meetings to be shorn on final schedule (Task 1.1) Attachment ment Labor Classifications Hours by Task NCMA Annual Monitoring and Report t� c� CL 0 c� �00 44h =r Investigator Title (Grade) Task 1.1 T ask 1.2 Task 1.3 Task 1.4 Task 1.5 Task 1.6 Task L7 Total hours A lmy Project Manager (7) 3 24 16 3 2 4 12 64 idar Senior Scientist () 10 8 14 8 7 47 Schaefer Project En sneer (6) 10 10 10 11 41 Anderson Project Engineer (4) 30 13 25 18 30 136 Support staff 41 S Estimated GEI Hours by Task 74 48 30 45 3 65 So rensen Principal Hydro a to ist 10 12 10 3 Nicely field investigator 10 96 8 6 120 Estimated Furo West Hours by Task 0 108 8 1 Notes: on Tonal workbook placed support staff hours in Task 1.4 FXHIIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work., Consultant will maintain insurance in con onnance with the requirements set forth below. Consultant will use existing coverage g►e to comply with these requirements. if that existing coverage gre sloes not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given en loss, will he available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services office "Commercial General Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be aid in addition to limits. There shell be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1 ,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol I (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state - approved policy form providing statutory benefits as required by lava with employer's liability limits no less than $1 ,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in Page 11 Agenda Item 8.h. Page 15 addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shell be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000 : 000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurer that are admitted car iers in the state California and with an A . M. Bests ratings of A- or better and a minimum financial size 1111. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all Consultants, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. , None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Page 12 Agenda Item 8.h. Page 16 5 . No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any Consultant or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the eeution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to 'modify such certificates to delete any exculpatory wording stating that failure of the insurer to 'nail written notice of cancellation imposes no obligation, or that any party will "endeavor" as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request all agreements with subcontractors and ethers engaged in the project will be submitted to City for review. 11. Consultant agrees not to self - insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Consultant, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self - insure its obligations to City. If Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self - insured retention Page 13 Agenda Item 8.h. Page 17 must be declared to the City. At the time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self - insured retention substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the terra of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an e from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein e during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given overage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all - inclusive. Page '14 Agenda Item 8.h. Page 18 1 g. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be inte as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Page 1 Agenda Item 8.h. Page 19 E CONSULTANT'S PROPOSAL Page 1 Agenda Item 8.h. Page 20 RO INCORPORATED '" MEMORANDUM JULY 104 1911 IR TO: CITY COUNCIL FROM: TERESA MCCLISH, COMMUNITY UNITY DE EL PMEI T DIRECTOR BY: MIKE LINN, ASSISTANT CITY ENGINEER THOMAS KORMAN, CONSULTANT ENGINEER SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE 2010 UPDATE TO THE PAVEMENT MANAGEMENT PROGRAM DATE: SEPTEMBER 28, 201 RECOMMENDATION: N: It is recommended the City Council adopt a resolution adopting the 2010 Update to the Pavement Management Program. FINANCIAL IMPACT. Two budget projections were prepared during the preparation o f the 2010 Update to the Pavement Management Program. The first projection sought to maintain the current overall condition of the street network and the second projection sought to improve the street network above the existing condition. The proposed Pavement Management Program focuses on a combination of maintenance efforts and corrective maintenance projects. The plan assumes $400,000 annually in Local Sales Tax funds through FY 2014-15 and increasing to $500,000 after that, ' which is included in the approved -year plan for those funds. USDA fends are projected at $70,000 per year, which is based on past practice and projections from SL O G. An additional $130,000 annually from transportation funds beginning in FY 2012-13 are programmed if the area is designated as an urban area based on the results of the census. Adjustments will be required if that does not occur. Additional funding has been programmed for corrective street projects. BACKGROUND: In 1998 the San Luis Obispo Council of Governments SL O G required each local agency to submit evidence that the agency is using a computer based Pavement Management Program as a condition of receiving funds for local roadway projects. This requirement was made to objectively evaluate the current conditions of local roads. Similar requirements exist at the State and Federal level. Agenda Item 8J. Page 1 CITY COUNCIL CONSIDERATION of A RESOLUTION ADOPTING THE 2010 UPDATE To THE PAVEMENT MANAGEMENT PROGRAM SEPTEMBER 28, 2 1 PAGE 2 In February 1999, the first Pavement Management Program was prepared and accepted by the Council. sL C G requires regular updates to each agency's Pavement Management Programs to demonstrate progress in pavement maintenance. This is the third update to the Pavement Management Program; it was updated once before in dune 2001 and again in March 2005. The 2010 Update to the Pavement Management Program, prepared by the Community Development Department — Engineering Division establishes criteria for evaluating the current condition of City streets. It is also utilized as a financial planning tool to highlight funding needs for present and future conditions, as well as in determining a schedule for pavement maintenance based on need and economic feasibility. ANALYSIS of ISSUES: The 2010 Update to the Pavement Management Program simultaneously offers the potential for improved road conditions and reduced pavement maintenance costs, as well as an efficient way to organize and evaluate the current condition and make predictions regarding the useful service of a roadway network. The program is used b the Community Development Department — Engineering Division to oversee the maintenance and repair of City streets that provides for comfortable driving conditions at the lowest possible cost. The Pavement Management Program uses proprietary computer software to catalogue the physical characteristics, construction history, and current condition for each segment of roadway in the City. Every street is individually inspected for pavement defects including; rutting, cracking and weathering. The information is entered onto an inspection form with numerical ratings assigned for each condition. Upon entering the data, the computer software calculates a Pavement Condition Index PCI for each roadway segment. The PCI number is the primary basis for determining the appropriate maintenance procedure and the relative tinning for its application. Results of the updated Pavement Management Program indicated that the condition of the city's streets have improved significantly since the program's inception. When the program was first developed in February 1999, the average PCI of the street network was 60. Upon completion of the second update in June 2001, the average PCI was 65. This most recent update indicated that the current PCI is 2. The Asphalt Institute recommends that a street network be maintained at a minimum PCI of 75. If the Pavement Management Plan is implemented as proposed, at the end of seven years, the overall PCI is expected to be 75. Agenda Item 8J. Page 2 CITY COUNCIL CONSIDERATION of A RESOLUTION ADOPTING THE. 2010 UPDATE To THE PAVEMENT MANAGEMENT PROGRAM SEPTEMBER 28, 2010 PAGE 3 The Pavement Management Program includes ar Pavement Management Plan which is a plan that identifies and outlines a preventative and corrective strategies for each section of street in the street network. Preventative strategies usually include the use of surface treatments which are categorized as non - aggregate seals and aggregate seals. The non- aggregate pavement seals are usually either a fog seal, or a rejuvenator seal, while the aggregate pavement seals take on names such as chip seals, slurry seal, micro - paving, seal coat, armor coats, and oil mats (other names vary depending on region). Corrective strategies include asphalt overlays, extensive recycling, and/or reconstruction, which involve the complete removal and replacement of failed pavement. The Pavement Management Plan produced from this update can be found in Section Ill — Pavement Management Plan and Budget. Over the net seven years, the program focuses on a combination of maintenance efforts and corrective maintenance projects. During this time, the program will also provide for micro- surfacing several of the collector streets that are not scheduled for an asphalt overlay. The goal of the program is to apply a preventative maintenance treatment to all streets in adequate condition on a frequency sufficient to avoid the need for future corrective maintenance projects. For those streets with conditions that have already deteriorated beyond the point of being eligible for preventative maintenance, the proposed strategy is to gradually improve these streets until all streets are under an ongoing preventative maintenance schedule. Current streets in need of corrective action in order to include in the preventative maintenance schedule include El Camino Beal, Le Point Street, Traffic Way extension, the Greenwood tract, Larchmont, Pecan Place and Halcyon. Funding is programmed for improvements to all these streets during the next four year period with the exception of Halcyon Road, Given the regional traffic that Halcyon Road serves, staff believes it will be eligible for competitive grant funds. The proposed plan now requires seven years to implement instead of five. This results from staffs recommendation to include all streets in a minimum serer year maintenance cycle. Therefore, all streets are included in the plan. The seven year cycle was determined adequate to reach and maintain the PCI of 75 and can be funded with existing projected monies available. Maintaining this schedule will result in substantial long -term savings to the City by avoiding expensive street reconstruction projects. The plan assumes additional annual funding projected from excess transit funds when the area qualifies as an Urban area following results of the census. Funding adjustments will become necessary if that does not occur. Agenda Item 8J. Page 3 CITY COUNCIL CONSIDERATION F A RESOLUTION ADOPTING THE 2010 UPDATE TO THE PAVEMENT MANAGEMENT PROGRAM SEPTEMBER 28, 201 PAGE 4 Copies of the Pavement Management Program will be made available to the public through the Community Development Department. The information can also be accessed from the City's Internet website. ALTERNATIVES: ES: The following alternatives are provided for the Council's consideration: 0 Adopt the resolution for the Pavement Management Program; 0 Do not adopt the Pavement Management Program as presented; 9 Modify as appropriate and approve staff s recommendation; o Provide direction to staff. ADVANTAGES* The current update provides a reliable status report of the current condition of each City street and the recommended maintenance a alternatives to improve each street to the minimum required quality standard. The current update also assigns the projected funding necessary to address the City's entire street inventory over a seven year period. DISADVANTAGES: The program is dependent upon the City's current revenue and grant projections over the next seven years. Changes in revenues will affect the City's ability to perform the maintenance projects as stated in the report and would require future adjustments to the pavement management plan accordingly. ENVIRONMENTAL TAL F E IEW: Roadway maintenance projects for existing highways and streets are categorically exempt pt from CE QA pursuant to section 15301 . PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, September 23, 2010. The Agenda and report were posted on the City's website on Friday September 24, 2010. No public comments were received. Attachment: 1. Pavement Management Program n file in the Community munit Development Department for public review.) Agenda Item 8J. Page 4 RESOLUTION N . A RESOLUTION OF THE CITY COUNCIL OF THE CITY F ARROYO GRANDE DE 1 D PTING THE 2010 UPDATE TO THE PAVEMENT T MANAGEMENT PROGRAM WHEREAS, Section 13.20.010 of the City the City Council to establish, by resolution, construction within the City; and, o Arroyo Grande Municipal Code enables the rules, regulations, and specifications for WHEREAS, the City o Arroyo Grande is required by the San Luis Obispo Council of Governments SL O G to update the Pavement Management Program on a regular basis; and, WHEREAS, E S, the City has updated the Pavement Management Program to reflect recent Capital Improvement Program projects and additions to the street network which have occurred due to development projects. NOW, , THE EF F E, BE IT RESOLVED, than the City Council of the City of Arroyo Grande hereby adopts the updated City o Arroyo Grande Community Development Pavement Management Program, a copy o f which is on file in the Community Development ent Department. On motion by Council Member , seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 2010. Agenda Item 8J. Page 5 RESOLUTION NO. PAGE TONY FERRARA, MAYOR ATTEST. KELLY WETM RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J, CARTEL, CITY ATTORNEY Agenda Item 8J. Page 6 ATTACHMENT 'I Pavement Management Program {Document on file at City Hall for public review} Agenda Item 8J. Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 8.i. Page 8 C�& INCORPORATE M E MO RANDUM JULY 10, 1011 c• T: CITY COUNCIL FROM: TERE A MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: RYAN FOSTER, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF SPECIFIC PLAN AMENDMENT 10-001, TENTATIVE PARCEL MAP 10-001 AND CONDITIONAL USE PERMIT 10-001; LOCATED AT THE SO UTHWEST T CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET DATE: SEPTEMBER 28, 2010 RECOMMENDATION: It is recommended that the City Council continue the item to a date uncertain. This is due t inconsistencies between the project description included in the public notice and the reprised project submitted to the Community Development Department by the applicant. ALTERNATIVES: The following alternatives are provided for the Council's consideration; * Continue the item to a date uncertain; or Provide direction to staff. Agenda Item 9.a. Page 1 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item 9.a. Page 2 OF p.RROV0 INCORPORATED t .u�.,.... J m r * JOLT 10. 1911 If -14 FORK \P MEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICES /CITY CLERK , e/, .1 SUBJECT: SUPPLEMENTAL INFORMATION SEPTEMBER 28, 2010, CITY COUNCIL AGENDA ITEM 9.a. - SPECIFIC PLAN AMENDMENT 10 -001; TENTATIVE PARCEL MAP 10 -001 AND CONDITIONAL USE PERMIT 10 -001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND DATE: SEPTEMBER 28, 2010 Attached is a letter received from Mr. Russell S. Read regarding the above - mentioned project. c: City Manager Director of Community Development City Attorney . 27 2C4i 17:10 2@59272344 PLS=ELLP.EAD PAGE 02/03 RUSSELL S. READ Attorney & Counselor PO Box 910 Cambria, CA 93428 Tel & FAX: (805) 927 -2344 RECEIVED rscottread@gmaiLcom SEP 2':' 2010 9/27/2010 ORIGINAL BY EMAIL/FAX ARROYO GRANDE CITY CLERK Arroyo Grande City Council Kelly Wetmore, Arroyo Grande City Clerk 214 E. Branch St. Arroyo Grande, CA 93420 Re: REQUEST FOR PUBLIC RECORDS AND CONSIDERATION OF SPECIFIC PLAN AMENDMENT 10 -001 TENTATIVE PARCEL MAP 10 -001 AND CONDITIONAL USE PERMIT 10 -001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET; AGENDA ITEM 9A Dear Council Members and Ms. Wetmore: I am general counsel for Alpine Colony Enterprises. Inc. owner and operator of Cookie Crock Warehouse located on East Grand, 3 blocks east from the development that is the subject of this agenda item. I have talked with Ryan Foster and the Ms. Wetmore's office who confirm that the applicant has submitted amended plans which will require rescheduling of this item. Based on these representations, we will not be appearing for tomorrow's meeting. Be advised that my client is an interested party who appeared (along with many other persons) to oppose the development at the meeting of the Planning Commission on 9/7/2010. My client believes that approval of the proposed development would be contrary to the City's Master Plan, the Berry Gardens Specific Plan, and the California Environmental Quality Act. We also believe that such approval would violate the Brown Act and other laws governing the proper functioning of city government. The purpose of this letter is three -fold: 1. Record. Please make a copy of this letter part of the file on this application. In the event the Council acts in some unexpected manner on this Agenda Item we wish our objection to be on the record. 2. Public Records Request. I would like to inspect all appraisals or estimates of value made in calendar years 2008 -2010 for properties located at 200 and 208 East Branch St., sold by the City to NKT Commercial. I would like to inspect these records Friday, October l 2010 at approximately 9:00 a.m. Please let me know if they can be made available on that date and time. 3. Brown Act Request. We have been advised that agents for NKT (including Nick Tompkins) have met privately with City Council members and/or their staffs about the , u':...rALul0 1;:10 5059272344 RUSSELLREAD PAGE 03/03 • above project. Prior to taking any formal action on the matter, we request that all members publically disclose any meetings or communications between NKT and its agents (including Nick Tompkins) and themselves or their staff about this project. Thank you for your consideration. If you have any questions or comments, please feel free to call. V ery T • Yours rSSELL S. READ cc: D. Clegg • o Al INCORPORATE 7- MEMORANDUM c• To: CITY COUNCIL FROM: STEVEN ANNI ALI, CHIEF of POLICE4P SUBJECT: CONSIDERATION of APPLICATION FOR A NEW CERTIFICATE of PUBLIC CONVENIENCE AND NECESSITY APPLIED FOR BY "TRI COUNTIES TRANSIT, IIC. DATE: SEPTEMBER 28, 201 RECOMMENDATION: It is recommended, after conducting a public hearing, the City Council adopt a resolution approving the request for a new Certificate of Public Convenience and necessity applied for by [lasood Babaeian, Chief Executive Officer, Tri Counties Transit, Inc. FINANCIAL IMPACT: The recommended action should have no financial impact on the City. BACKGROUND: Beach Cities Cab is currently permitted to operate its taxi business within the City of Arroyo Grande through a Certificate of Public Convenience and Necessity issued via City Council Resolution granted on .dune 13, 2000, and subsequent amendment to that Certificate of Public Convenience and Necessity on November 26, 2002. The applicant, Masood Eabaeian and his partners, Tri Counties Transit, Inc. have purchased Beach cities cab from that company's prior owner, Jeff Goldenberg. Tri Counties Transit Inc. intends to continue operations within the City of Arroyo Grande using the saute permitted drivers and vehicles. This purchase also involves Tri Counties Transit, Inc.'s assimilation of Yellow Cab Company of San Luis Obispo county and Checker cab Company of San Luis Obispo County. All three business names will change to "Tri counties Transit, Inc." Mr. Babaeian has also submitted applications to the cities of Grover Beach, Pismo Beach and San Luis Obispo for consideration. Grover Beach has a returning Cry Council Agenda item at a future date. Pismo Beach approved Tri counties Transit, Inc.'s request on August 17,- 2010. The San Luis Obispo city Council conducted a public hearing on this proposal on September 21, 2010, and unanimously approved the transfer. Agenda Item 9.b. Page 1 CITY COUNCIL CONSIDERATION of APPLICATION FOR A NEW CERTIFICATE of PUBLIC CONVENIENCE AND NECESSITY APPLIED FOR "TI I COUNTIES TRANSIT, INC.$$ SEPTEMBER 28, 2010 PAGE 2 The City granted certificates of public convenience and necessity, through previous City Council resolutions., to three taxicab companies to operate within the city of Arroyo Grande: Beach Cities, 234-TAXI, L.L.C., and Green Go Tani. To date, these companies operate their businesses consistent with the Arroyo Grande Municipal Code. ANALYSIS of ISSUES: Pursuant to the city of Arroyo Grande Municipal Code Title 5 Chapter 5.72-040, "No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the council first had and obtained." The current request, in that it involves only a change of ownership and associated business name with regard to an existing permitted taxicab business, is not a request for what might amount to an additional taxicab service nor is it contemplated that the ownership change will in any way impact the adequacy of existing taxicab service within the City. Therefore, this recommendation does not result in a greater hazard to the public as no change in traffic congestion or parking is anticipated. Mr. Eabaeian has provided documentary proof of the required insurance. And, as his attached letters indicate, he and his partners have successfully operated an established taxicab service in Ventura County for a number of gears nova. Staff conducted a preliminary background investigation into the business practices of the applicant and found no complaints filed with Califomia Consumer Affairs or the Better Business Bureau. California Department of Justice records reveal that in 2008, Mr. Babaeian was convicted of a misdemeanor violation related to his commercial taxicab service. Specifically, the record reflected he was planed on a three -year probation and fined in V entura County for violation of Ventura County Ordinance 6296 -, "Failing to have the required proof of registration related to a fare box" in one of his taxicabs. Upon questioning, Mr. Babaeian explained that he was found vicariously responsible for the actions of one of his owner - operators operators at the tune, the legal defect was cured, and fines paid. There are no other discrepancies which are known or otherwise indicated. For purposes of taxicab operations within the City of Arroyo Grande, Tri Counties Transit, Inc, has proposed no changes at this time. Therefore, no material change is expected by the business take -over in terms of number, make and type of equipment (vehicles) and the color scheme to be used. Should the Council grant a Certificate of Public Convenience and Necessity to Tri Counties Transit, Inc. it will be contingent upon fall and total compliance with all the conditions and requirements of Chapter 5.72 "Taxicabs" found in the Arroyo Grande Municipal Code. Agenda Item 9.b. Page 2 CITY COUNCIL CONSIDERATION of APPLICATION FOR A NEW CERTIFICATE of PUBLIC CONVENIENCE AND NECESSITY APPLIED FOR BY "TRI COUNTIES TRANSIT, INC,�% SEPTEMBER 2, 201 PAGE ALTERNATIVES The following alternatives are provided for the council "s consideration: 1. Recommended Al er a i e: It is recommended that the City Council determine there is a public need, due to the business ownership and naive change, and adopt the necessary Resolution; 2. Do not approve staff s recommendation and find that there is no public need, do not adopt the Resolution, 3. Provide direction to staff. ADVANTAGES: The City's residents will continue to benefit from the same level of service provided by the previous taxicab business owner. Beach Cities Cab provided a beneficial level of service to City residents in need of transportation and contributed to a local healthy business environment since 2000. DISADVANTAGES: There are no known disadvantages to staffs recommendation. ENVIRONMENTAL REVIEW: The project is a empt from CE A pursuant to C EQA Guidelines, Section 15061 b ) (3). PUBLIC NOTIFICATION AND COMMENTS: The public impacted by the proposal is the Arroyo Grande Police Department's service population. The public has been made aware of the proposal before Council by the publication of a public bearing notice in the Tribune on Friday, Septernber 15 , 20 g, and by a posting of the Agenda in the front of City Hall on Thursday, September 23, 2010. Public notice has also been posted on the City's website on Friday, September 24, 2010. ATTACHMENTS: 1. Written communications. between Mr. B abaeian and the city: a. July 20, 2010 Letter b. August 4, 2010 letter c. August 8 and 26, 2010 e-mail exchange 2. Certificate of Liability Insurance effective August 18, 2010 3. Arroyo Grande Municipal code, Title 5, chapter 5.72 TAIGAS Agenda Item 9.b. Page 3 RESOLUTION LUTIOI f . A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO GRANDE DE APPi OVIN A CERTIFICATE of PUBLIC CONVENIENCE AND NECESSITY FROM BEACH CITIES DAB COMPANY, INC. To TF I COUNTIES TF ANSIT INC. AND AUTHORIZING ISSUANCE of A NEW CERTIFICATE THERETO CONTINGENT T UPON FULL AND TOTAL COMPLIANCE WITH ALL CONDITIONS AND REQUIREMENTS OF CHAPTER 5.72 ("TAXICABS" ) of THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, EAS, on June 13, 2000, Beach Cities Cab Company, Inc., owned and operated by Jeff Goldenberg, was issued a Certificate of Public Convenience and Necessity allowing the use of three 3 taxicabs within the City of Arroyo Grande "City "); and WHEREAS, EAS, on November ember , 2002, the City Council approved an amendment to the Certificate of Public Convenience and Necessity requested by Beach Cities Cab Company, Inc., to allow a maximum um of ten 10 taxicabs to operate in the City; and WHEREAS, E S, on August 5, 2010, the City received notification that Tri Counties Transit, Inc. has purchased yeah Cities Cab Company, Inc., which include the trade names Beach Cities Cab Co., Yellow Cab Co. of SLO County, and Checker Cab Co. of SL County; and WHEREAS, a public hearing to consider the request for a transfer and issuance of a new Certificate of Public Convenience and Necessity to Tri Counties Transit, Inc. was duly noticed and held on September 28, 2010; and WHEREAS, the City Council has determined that public convenience and necessity require the taxicab service to continue operating in the City. NOW, THEREFORE, F E, BE IT RESOLVED L1 ED that the City Council of the City of Arroyo Grande hereby grants and bestows a new Certificate o f Public Convenience and Necessity to Tri Counties Transit, Inc., contingent upon full and total compliance with all the conditions and requirements of Chapter 5.72 "Taxicabs' of the Arroyo Grande Municipal Code. BE IT FURTHER RESOLVED that if the conditions and requirements of the Arroyo Grande Municipal Code are not met by the applicant, the Certificate of Public Convenience and Necessity will not be issued. On motion of Council Member , seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of September, 2010. Agenda Item 9.b. Page 4 RESOLUTION N . PAGE TONY FER ARA, MAYOR ATTEST: BELLY WETMO E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY THY J. CAFBAEIEL, CITY ATTORNEY I E Agenda Item 9.b. Page 5 ATTACHMENT 1 JUL 212010 TN - Counties Transit, Inc,, ARROYO GRANDE 83 N.Dawson Dr. c17rc1 .meK Camarillo, Ca 93012 (805)603 -9296 July 209 2010 City of Arroyo Grande 11 s. Kel ly Wetmore Fie: beach Cities Cab Co. Dear Mr. Wetmore: I would like to inform you that we have negotiated a purchase agreement with Mr. ,Jeff Goldenberg to buy certain assets of leach Cities Cab Co as follow: The trade names Beach Cities Cab Co and Yellow cab Co. Telephone numbers Business licenses permits Vehicles Goodwill /customer base. I will review the taxicab ordinance of the City of Arroyo Grande and Hulce sure that we comply withall the rules and regulations and submit to you all the necessary documents to complete the application for a business license. I would life to inform you that I have been in the taicabparatranit industry since 1979 in the Los Angeles, V entura and Santa Barbara counties. I have managed several successful city and state transit contracts including ial- -Iide and senior and handicapped transportation. We are proposing to operate the taxicab services from the existing facility in San Luis Obispo. Please accept this letter as a ibrmal request to transfer the existing taxicab permits from Mr. Jeff Gold nberg's Beach Cities Cab to the: Tri Counties Trans ft, Inc a nd schedule this. matter at the earliest city council hearing. Thank you for your cooperation and consideration in this regard. Should you have any further question please feel tree to contact rye at any time. Agenda Item 9.b. Page 6 Tri Counties Transit, Inc. 83 N.Dawson Dr. Camarillo, Ca 93012 (805)603 -9296 August 4, 2010 City of Arroyo Grande M Kelly Wetmore Fie: Beach Cities Cab Co. D ear Mr. Wetmore: I would like to inform you that we have negotiated a purchase agreement with Mr. Jeff Goldenberg to buy certain assets of Beach Cities Cab Co as follow: The trade names Beach cities cab co, Yello w cab co of SLO county, Checker cab Co of SLO county. Telephone numbers Business licenses /permits Vehicles Goodwill /customer base. I will revie w the taxicab ordinance of the City of Arroyo Grande and make sure that we comply with all the roles and regulations and submit to you all the necessary documents to complete the application for a business license. I would like to inform you that I have been in the taxicab paratransit industry since 1979 in the Los Angeles, Ventura and Santa Barbara counties. I have managed several successful city and state transit contracts including Dial - A -Fide and senior and handicapped transportation. We are proposing to operate the taxicab services from the existing facility in San Luis Obispo. We will operate the same number of vehicle (1 0) that are permitted by the City of Arroyo Grande with the same color scheme. Please accept this letter as a formal request to transfer the exiting taxicab permits from Mr. Jeff Goldenberg's Beach Cities Cab to the: Tri Counties Transit,lnc and schedule this smatter at the earliest city council hearing. Agenda Item 9.b. Page 7 Thank you for your cooperation and consideration in this regard. Should you have any further question please feel free to contact me at any time. Most sincerely, WasoodBabaeian Maood Babaeian CE Agenda Item 9.b. Page 8 Glenn Fuss From: westastpts @al.rn Sent: Thursday, August 2, 2010 9:29 AM To: Glenn Fuss Subject: Re: Good morning Mr. Fuss: 'des we are going to use the same number of vehicles and existing drivers for the City of Arroyo Grande. Thank you for your assistance in this regard. Sincerely, Masd Babaeian CEITri Counties Transit _____Original Message----- From: Glean Fuss gfuss a @arr yogrande. rg T: westooastpts a@aol. om Sent: Thu, Aug 26, 201 9 am Subject: RE: I received your updated information here, Mr. Babaelan. Thank you. Confirming, you intend to use the same ten (10) drivers and vehicles that are currently permitted to operate in our city—and no others for now I see about 20 vehicles on your insured list. I believe your matter is on the Arroyo City Council's agenda for mid-September. Hope this information helps. Glenn Pass, Investigator Arroyo Grande Police Department, Support Division 200 N. Halcyon toad, Arroyo Grande, CA 932 805.473.5110 qfuss@arroyogrande.org From: westcoastpts@aol.com [ maiito:we tooastpt @aol. omJ Seat: Tuesday, August 24, 2010 2:36 PM To: Glenn Fuss Subject: Dear Mr.Fuss: Per our recent conversation With respect to Beach Cities Cab C o t Tri Counties Transit has purchased certain assets of Beach Cities Cab Co from Mr.Jeff Goldenberg, including the following trade names; Beach Cities Cab C. Yellow Cab Co of SLO County Checker Cab Co of SLO County We would like to operate the above trade names under: TO Counties Transit Corp in the City of Arroyo Grande. 1 Agenda Item 9.b. Page 9 City of Pismo Beach has already approved our license to operate these trade names. City of Pismo Beach also told rye that l do not reed to do a background check since I arm not driving a taxicab. If you should have any further questions please feel free to contact me by email or call me et: 805 - 603 -9236 Sincerely, #asd Babaeian CEITri Counties Transit Corp. Agenda Item 9.b. Page 10 ATTACHMENT CERTIFICATE LIABILITY INSU RANCE mmm icau suwin x& Inn 9ervt 32107 Lind6wo Can 0 WO tlAkw Vil Ch 91 1- vae: 900 -900 -1 rax: 000 - 980 -1960 �: #2 � of I BM - ct %&n 1 DATE KNOW 7YT) 081t8/10 O NLY AND ONFE-R MGM -UPON � � .� OR . T R I W ATV D MW A ID, EXTEND O T14E COVERAGE AFFORDED BY THE POLICIES BELOV INGURM AFFORDING COURAGE IBC &M & Ev anston rMsurance URt C mmowit D. SURER E -- covefton I OAF PMRAN D MOW B L To THE LMM N AM ED AW FOR THE FOUCY Pff4W *lwAlMD . ANDM AEI M irLRM OR CONS OF ANA =MRACT GR MHEW 0 OCUM6N VffH RESPWr TO WWWH T MAY PERTAK TM POLAAMM AMRXWM By TW peuc MCMW HeRW IS S TO ALL TM MW. WtTMATE MAY BE KSL ==MM AND opsucm POUCES- A" MATE UMrrSk $l1O N MA WAVE OWN W-DUM ffir PAID CLAW LTR P *R •1 yj � I ' + =MMMM S I ' '2 AL VA&LrrY # 0 BT0 0 00 0 1 -1 f 12/31/0 I 3.2/31/10 CLAWS MADE OCCUR AmMuw s I ,, C0D iY1tiY� �� 1, 000 QLWL C { 5 in -4-W POLICY 2R L � L��ILIT�► � M Y AN ALM � � LW ' 4 AV. owmm wvs t ALRT'OB - . :.,�.. 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Comer : BL UED - 2 P X72 9122009- Vehicle schedule Year Vehiclq 1 n QoMMM On 1 1998 Dodge 2 P GP2 ROVR28 258 Y Cab 2 $01 1"6 Dodge 1 B 4GP54LBTB360= Yellow C 3 802 2004 F 2FAFP71W34XI20488 Y ellow Cab 804 1998 Ford 2FAFP 1W VVX 1 35 1 /27110 1997 Fora 2F iLP71WX X1090 ie/1 2000 Le o± 1 L H M9'l W9YY84 09 1'1 f ' 1997 1= o .: 2 FA LP7 1 1 j 1811 1994 1 ereL' ry 2MELM75WSRXZ48695 Evi s/1 9 1 999 Ford 2FA PP71W7XX1W687 8 'I efl 0 10 1999 Cadillac: 1 G18KDS4 X 2 8 8116/10 11 2000 Ford 2FAFP73W6YXI26879 8 16i10 12 1997 Ford I FMFU 180 VLA79277 SM611 13 2000 F 2F 1FP 1WJYX1 811611 14 1 999 F or d 2FAFP71 a /161 1 0 Is 2000 Merry 21 F 75W2YX C 1 si t is 1 Ford 1FMFUIBLIVLA79277 8/16/10 17 1 994 U ncoi n 1 LNLM82W3RY830761 WWI 18 2002 Ford 2FAFP73VVX2XJ46530 81' 10 19 1995 Fou 2FMDA 144SBC846 8/16/10 20 2 199 1 1e mLr' 2MELM7 6/1 7/10 1 Cf 1 Deft & &MI Agenda Item 9.b. Page 12 Chapte 5,2 T A TT A CH ME NT 3 Page 1 of Title 5 BUSINESS LICENSES AND REGULATIONS Chapter 5 .72 TAXICABS 5,72.01 o Definitions. 5.72.020 Certificates of public convenience and necessily req uired. 5 .72. 0 30 License takes, 5.72 =040 Certificates of public convenience a nd necessity - Transfer 5 .72.050 Identify colors and insig 5,72.060 Periodic inspections—Vehicle equipment and maintenance. 5.72.070 Refusal al to ca !Ty passe ngers— Prohibition of driver 5.72.080 Op erating regul abons -- Direct routes. 5.72.090 Taxicab drivers— Permits. 5 ,72-10 0 Ta drivers -- Permits -- Revocation. 5 .72.110 Public_li bility� 5.72.120 Fates of fare, 5.72-130 Taxicab stands, 5.72. 140 Recordsand reports, 5.72.1 50 Rules and regulations. 5.72.010 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: "Certificate" means a cerfificate of public convenience and necessity issued by the council. "Driver" means every person in charge of, or operating, any passenger - carrying motor- propelled ve hicl e, ei ther as agent, employee, or otherwise, of the owner, as the owner, or under the direction of the owner. "giver's permif means a permit issued by the chief of police to an individual person permitting that person to drive a taxicab u pon the streets of th city, "Owner" means and includes every person owning or having the use or control of any taxicab. "Fate card" means a card provided by the owner of a size and type to be specified by the city clerk for display in each taxicab, which card shall set forth the rates of fare then in force. "Street" means any piece of road commonly used for the purposes of public travel. "Taxicab" means a motor - propelled passenger- carrying vehicle used for the transportation of passengers who direct the route to be traveled over the streets and not operated over a fined route for compensation, "Taxicab stand" means a public place alongside the curb of a street or elsewhere in the city which b ttp://municipalcodes.lexisnex'is.com/codes/arroyo/ ATA TI'I'LE05 Chapt r kge Page 13 Chapter 5.72 TAXICABS Page 2 of place has been designated by the council as reserved exclusively for the use of a holder of a certificate of public convenience and necessity. (Prior code § 5-10.01 5.72.020 certificates of public convenience and necessity required. A. Applications. It is unlawful for any person to engage in the business of operating any taxicab in the city without first having obtained from the council a certificate of public convenience and necessity. All persons applying for such certificates shall file with the council a verified application which shall set forth the following: 1. The naive and address of the person making the application; 2. If, at the time of making the application, such person is actually operating a taxicab service in the city, the number of taxicabs owned and operated therein by the applicant; 3. The number of vehicles for which a certificate of public convenience and necessity is desired; 4. The make, type, Year of manufacture, and passenger seating capacity of each taxicab for which the application for such certificate is made; 5. A description of the proposed color scheme, insignia, or any other distinguishing characteristics of the taxicab. In this respect, no two taxicab companies shall have the same color scheme; and 6. Such other information as the council may require. B. Applications—Hearings. Upon the filing of the fully completed application for the certificate of public convenience and necessity, the city clerk shall fix the time for a public hearing thereon before the council for the purpose of determining whether the public convenience and necessity require the proposed taxicab service. No certificate shall be granted until the council shall, after the hearing, declare by resolufion that the public convenience and necessity require the proposed taxicab service. C. Applications -- Hearings — Notices. Notice of the time and place of the public hearing before the council shall be published once in a newspaper of general circulation in the city ten 10 days prior to the hearing. The cost of such publication shall be at the expense of the applicant. D. Determination-- Criteria. In determining whether the public convenience and necessity require the taxicab service for which the application is made,, the council shall investigate and consider: 1. The demand of the public for additional taxicab service; 2. The adequacy of the existing taxicab service; 3. The financial responsibility and experience of the applicant; 4. The number, make and type of the equipment and the color scheme to be used; and 5. The effect which additional taxicab service may have on traffic congestion and parking and whether such service will result in a greater hazard to the public. E. Issuance. if the council shall, by resolution, declare that the public convenience and necessity require the additional taxicab service, a certificate to that effect shall be issued to the persons enfided thereto; provided, however, the council may, at its discretion, determine the character and number of permits to be granted to furnish necessary service; and, provided, further, no certificate authorized pursuant to the provisions of this chapter shall be issued to any person who shall not have fully complied with all the necessary requirements of this chapter. F. Cancellation. If the service permitted pursuant to the provisions of this chapter is for any reason discontinued for a period of forty -five 45 days, the certificate granted shall be automatically cancelled and shall be restored only in accordance with the provisions of this section. G. Sales and Transfers. If an owner sells or transfers title to a taxicab for which a certificate has been issued, or in the event a taxicab for which a certificate has been issued has been destroyed, such owner shall be entitled, as a matter of right, upon written application to the council made within fifteen 1 days after such sale, transfer or destruction, to have a new certificate issued, but for no greater number than sold, transferred or destroyed, provided such owner has complied with all the provisions of this chapter. H. Revocation and Suspension. The council rimy, at any time, revoke or suspend the certificate granted on the following grounds or any of them: 1. if the owner' record is unsatisfactory; 2. If the owner fails to operate taxicabs in accordance with the provisions of this chapter; 3. If the owner discontinues or suspends operations of taxicabs for a period of thirty o days without permission first had and obtained; and 4. If taxicabs are operated at a rate of fare other than that filed with the city clerk. I. Surrender. All certificates which shall have been suspended or revoked by the council shall be http: r unicipalc de .Iexisne i*s.corn o c /arroyo/ I ATA TITL o /Chapter 5 72 TAXI Zoo Agen a Item . b. Page 14 Chapter 5.72 TAXICABS Page surrendered to the city clerk. (Ord. 555 § 1 C, 2004; prior code § - 10.02) 5.72.030 License taxes. No certificate of public convenience and necessity shall be issued or continued In operation unless the holder thereof has paid an annual license tax as set forth in Section 5.08.130(1) of this coda. Such license tax shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to such holder of the vehicles under his or her operation and control; provided, however, whenever any vehicle is placed in service after the beginning of the calendar gear, the tax for such vehicle shall be prorated on a monthly basis. (Prior code § 5- 10.03) 5.72.040 certificates of public convenience and necessity -- Transfer. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the council first had and obtained. (Prior code 5- 10.04 5.72.050 Identifying colors and insignia. Each holder of a certificate of public convenience and necessity shall Keep on file with the city clerk a statement of the name under which he or she is doing business, the color scheme by which his or her taxicabs will be marled and painted, and the insignia to be carried on such taxicabs. Such color scheme and insignia shall conform to the application of the holder on file with the city clerk. All taxicabs operated by the holder of such a certificate shall be painted and marked in accordance with the statement currently on file with the city clerk. No holder of a certificate shall file any statement of colors, ;markings or insignia which is the same as, or similar to, the colors, markings or insignia then currently on file by any other holder of a certificate. Each taxicab shall, in plain view on the exterior thereof, have the business name and address of the owner painted in letters at least one -half inch high. (Prig code § - 10.05) 5.72.060 Periodic inspections—Vehicle equipment and maintenance. Prior to the use and operation of any vehicle pursuant to the provisions of this chapter, such vehicle shall be thoroughly examined and inspected by the police department and found to comply with all of the laws of the state and the city and with such reasonable rules and regulations for safety as may be prescribed by the chief of police or by the council. Every vehicle operating pursuant to the provisions of this chapter shall be periodically inspected by the police department every sic months to insure the continued maintenance of safe operating conditions. fee, as established by resolution of the city council, for each inspection shall be paid to the city. In addition, every vehicle operating pursuant to the provisions of this chapter shall be kept in a clean and sanitary condition. (Prior code § 5-10.06) 5.72.070 Refusal al t carry Passengers — Prohibition of drivers. A. It shall be a violation of the provisions of this chapter for any driver of a taxicab to refuse or neglect to cony any orderly person upon request unless previously engaged or unable or forbidden by the provisions of this chapter so to do. No driver of any taxicab shall solicit business for any hotel or motel or attempt to divert patronage from one motel or motel to another. Neither shall such driver engage in selling intoxicating liquor, nor in transporting intoxicating liquor, except when the same is in the possession of a passenger, nor solicit business for any house of ill repute, nor use his or her vehicle for any purpose ether than the transportation of passengers. B. All persons engaged in the taxicab business in the city operating pursuant to the provisions of this chapter, shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall ;maintain a central place of business and http ://munt ipalcod .le i ne is.com c de arr yo T A'T'A TITL. 5 /Chapter 5 72 TAXI... 91312007 Agenda Item 9.b. Page 15 Chapter 5.72 TAXICABS Page keep the same open twenty -four hours a day for the purpose of receiving galls and dispatching taxicabs. They shall answer all calls received by them for services inside the city as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before such call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere in the city at any time when such holder has available taxicabs, or who shall fail or refuse to give overall service, shall be deemed a violator of the provisions of this chapter, and the certificate granted shall be revoked at the discretion of the council. {Prior code § 6- 10.07} 5.72.080 operating regulations--Direct routes. A. Any driver employed to transport passengers to a definite point shall take the most direct route possible which will carry his or her passenger to his or her destination safely and expeditiously. B. No driver of any licensed taxicab shall refuse any person prompt taxicab service in the city at any time while such taxicab is on the public streets ready for service, unless such taxicab is already engaged in the carrying of one or more passengers or is enroute to answer a call for taxicab service; provided, further, nothing in this subsection shall require any owner or driver to furnish taxicab service to any person under the influence of Intoxicating liquor or narcotics or to any person who is insane or who is a known criminal. C Every driver, upon request, shall give a correct receipt for the amount of payment received. D. No driver of any taxicab shall accept, take into his or her vehlicle, or transport a ny larger number of passengers than the rates covering the seating capacity of his or her vehicle. E. No driver shall permit any taxicab to remain standing in any established taxicab stand, unless the taxicab is attended by a driver or operator, except when assisting passengers to load or unload or when answering the telephone. F. No driver shall carry any passenger other than Paying passengers or persons authorized by or on company business. G. Every driver shall at all Urnes display his or her driver's permit and picture In a conspicuous place in the taxicab which he or she is operating. H. Any violation of the provisions of this section shall be cause for the revocation of the permit of the driver guilty of such violation. (Prior code § -10.0 6.72.090 `taxicab drivers-- Perr~nits. A. No person shall drive or operate any taxicab in the city without having first obtained a permit in writing to do so from the chief of police or any person designated by him or her. Such permit issued will entitle the driver to work only for those persons whose names appear on the permit. A new permit will be required for each subsequent employment; provided, however, no application shall be necessary other than a ratification of change of employment. B. Applicants for such permits shall file applications therefor with the chief of police. The application shall contain the following information, together with a fee, as established by resolution of the city council, and pictures of the applicant: 1. The name, age, and last previous address; and 2. The names and addresses to two residents of the city acquainted with the applicant. Each application shall be accompanied by a certificate from a reputable physician certifying that in his or her opinion the applicant is not inflicted with any disease or infirmity which ,night ,Hake him or her an unsafe or unsatisfactory driver. C. No permit shall be issued and a permit theretofore granted shall be revoked: 1. If the applicant is under twenty -one 1 years of age; 2. if the applicant has not resided in the county sixty 60 days immediately prior to filing; 3. if the applicant does not possess a valid Class C driver's license issued by the state; 4. if the applicant is a reckless driver or has been convicted of reckless driving or driving while under the influence of intoxicating liquor or narcotics; 5. If the applicant is guilty or has been convicted of a felony or crime involving moral turpitude; 6. If the applicant is not a fit and proper person to drive a taxicab; or 7. If the applicant violates any provision of this chapter. D. All applicants for drivers' permits shall be fingerprinted; and their applications will then be considered by the chief of police and either granted or denied within thirty days unless, for good cause, time for further consideration is needed. Before any application is finally passed http :Hmunici alcodes. lex isnc is.com/codes/arroyo/ DATA TTTLEo5 /Chapter 5 72 TAXI... oo Agenda Item 9.b. Page 16 Chapter 5.72 TAXICABS Page upon, the police department shall conduct an investigation of the applicant. E. upon the approval of an application, the chief of police shall issue a driver's permit to the applicant, which permit shall bear the name, address, race, and other identifying characteristics of the applicant, including the signature of the applicant. Such permit shall be fixed in a conspicuous place in the taxicab so as to be seen from the passengers compartment. F. if a driver changes his or her employment to a different owner, he or she shall, within twenty- four ( hours thereafter, notify the chief of police for the purpose of having his or her driver's permit changed so as to properly designate the name of the new employer. G. When issued, the driver's permit shall be valid for one year from the date of issuance unless the permit has been revoked for any of the causes set forth in this section. The driver, in risking an application for a renewal of this permit, shall follow the sauce procedure as set forth in making his or her original application, except he or she shall not be fingerprinted or be required to furnish a photograph. The applicant shall pay the fee, as established by resolution of the city council, for the issuance of the renewal permit. (Ord. 556 § 2J, 2004; Prior code § - 10.00) 5.72.100 Taxicab drivers—Permits—Revocation. The chief of police may revoke or refuse to renew an operator's permit if the driver or applicant has, since the granfing of his or her permit: A. Been convicted of a felony or a crime involving moral turpitude, pandering, using, possessing, selling or transporting narcotics, or imparting information for obtaining narcotics; B. Been convicted of driving recklessly or while under the influence of alcohol or narcotics; C. Had his or her driver's license or chrauffur's license issued by the state revoked or suspended; D. Had two or more convictions of misdemeanor hit -acrd -run or speed violations, as set forth in the Vehicle Code of the state, occurring during any consecutive period not exceeding twelve (1 2) months; or E. Violated any of the provisions of this chapter. (Prior code § - 10.10) 5.72.110 Public liability. A. It is unlawful for any owner or operator to drive or operate a taxicab or cause a taxicab to be driven or operated in the city; and no license for the operation thereof shall be granted, unless and until there is on file with the city clerk, and in full force and effect at all tunes while such taxicab is being operated, a certificate of a policy of insurance, approved by the city attorney, with a solvent and responsible company authorized to do business in the state insuring the owner of such taxicab (giving the manufacture number and state license number ) against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab, or for any other cause. Such policy shall have policy limits of not less than five hundred thousand collars $500,000.00 for the injury or death of one person and one million dollars $1,000,000.00 for the injury of two or more persons in the same accident and one hundred thousand dollars ($100,000.00) for injury or destruction of property. B. Such policy of insurance shall guarantee the payment to any and persons suffering injury or damage to persons or property of any final judgment rendered against such owner or driver, within the Iimits set forth in subsection A of this section, irrespective of the financial condition or any acts or omissions of such owner or driver, and shall insure to the benefit of such persons. C. If, at away time, such policy of in su ra nce i s cancelled by the company issuing such policy, or if the authority of the company to do business in the state shall be revoked, the city clerk shall require the owner to replace such policy with another policy satisfactory to the city attorney and file a certificate thereof, and in default thereof the owner's license to operate shall be revoked. D. All public passenger vehicles for hire shall be under the supervision and control of the chief of police; and he or she shall not permit any driver to operate any taxicab in the city while the taxicab, or any equipment used thereof or therewith, shall be unsafe, defective, or in any unsanitary conditions. Every taxicab shall be at all times subject to inspection by any police officer of the city. (Prior code § 5-10.1 5.72.'1 20 Fates of fare. http://munl*cipalcodes.lexl*snexis.com/codes/arroyo/ I ATA 'TITL 5 /Chapter 5 72 TAXI... 9/3/2007 Agenda Item 9.b. Page 17 Chapter 5.72 TAXICABS Page A. The owner shall set his or her own rates of fare, but he or she shall cause a copy of all rates to be filed with the city cleric and also shall cause a schedule of rates to be prominently displayed in each taxicab operated in the city. All charges fined, charged or collected for service shall be in accordance with the rate schedules posted with the city cleric; and it is unlawful for different charges to be made therefor. B. No schedule of rates shall be changed after the schedule has been posted except by the owner filing a copy of the new schedule with the city cleric. C. If at any time the council believes that any presently in -force schedule of rates or proposed schedule of rates is or may be excessive, the council may no fy the owner who filed such a schedule of the council's intention to reduce rates and may order such person to show cause why such rates should not be reduced. In such event the council shall provide a hearing. The owner shall have the opportunity to present evidence at such gearing. If, after hearing the evidence, the council finds such rates to be excessive, the council may then make an order setting forth new and reduced maximum rates. In the same manner the .council may establish minimum rates. (Prior code § 5-10.13) 5.72.'1 38 Taxicab stands. A. The council may designate taxicab stands on public streets for each holder of a certificate of public convenience and necessity, which designation shall remain in effect until revoked by the council. B. No owner or driver of any taxicab shall parr a taxicab ' on any public street for the purpose of soliciting business other than at the stands designated by the council. C. The taxicab stands shall be designated by alterna t.ing stripes. (card. 556 § 21< 2004; prior code § 5 -'10.1 5.72.140 Records and reports. The !Holder of each certificate of public convenience and necessity shall Deep accurate records of receipts from operations, operating and all other expenses, capital expenditures, and such other operating information as may be required by the council. Every holder of such certificate stall marintain the records containing such inform b on and other data required by this chapter at a place readily accessible for examination by the city clerk or the police department. (Prior code 5 -10.15 5.72.150 Furies and regulations. The council may from time to time by resol ution promulgate regulations for the operation of taxicabs and for the maintenance of records. The chief of police may from time to time promulgate regulations respecting the safety of operations and the maintenance of taxicabs. (Prior code§ 5-10.16) p revious nct http://mun'lcl'palcodes.lexisnexi*s.com/codes/arroyo/ ATA TITS. /Chapter 5 72 TAXI... 91312007 Agenda Item 9-b. Page 18 RO A. MCORPOIRAT L? M JULY ro. 1911 MEMORANDUM T: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: CONSIDERATION F FUTURE LOCATION OF FARMERS' MARKET DATE: SEPTEMBER , 201 RECOMMENDATION: It is recommended the City Council: 1 approve relocation of the Farmers' Market to the western portion of 01ohan Alley adjacent to the creek walk during construction of the Short Street project: and 2 approve maintaining Farmers' Market in its current location when construction is complete. FINANCIAL IMPACT: There will be no financial impact to the City from this action. BACKGROUND: The Farmers' Market is estimated to have been held in the pillage for the past 2 years. In August, the City Council directed staff` to develop recommendations for the future location of Farmers' Market. As a result, staff met with representatives from the Farmers' Market and the Village Improvement Association to identify alternatives and recommendations. O September 1 t " l the Farmers' Market was moved to the Heritage Square Park on a pilot basis to determine the feasibility of this location as a permanent site. Farmers were asked to park their trucks on the street adjacent to the park and set up their booths on the interior of the park. Feedback was then solicited from sellers, customers, local businesses and the South County Historical Society. ANALYSIS OF ISSUES: Construction o f the Short Street project is scheduled to begin on October 11 th . Construction will impact a portion of the parking lot, which will prevent Farmers' Market from operating at its current location during this interim period. In addition, the Council expressed concerns that the ability to maintain Farmers' Agenda Item I I.a. Page 1 CITY COUNCIL CONSIDERATION OF FUTURE FARMERS' MAR ET LOCATION SEPTEMBER 28, 2010 PAGE 2 Market in its current location may also be permanently impacted by Short street becoming a one -way street. Lastly, the loss of the parking lot between the Building & Life Safety Division building and the Engineering Services building may impact the ability of Farmers' Market to locate all their existing booths. When the test closure of Short Street took place in January 2010, the Farmers' Market was temporarily relocated to the western portion of the 01ohan Alley parking lot adjacent to the creek walk. At the conclusion of the test, the Farmers' Market chose to return to the current location. The Fire Chief has reviewed access issues of the current location as it relates to emergency vehicles. He has determined it would not be a problem as long as a minimum of 14 feet is maintained between the booths, which will be a requirement. Representatives from the Village Improvement Association and Farmers' Market Association have mapped out the booth spaces utilizing the plan for the parking lot modifications. They have indicated that the current location will continue to provide sufficient space when adding the increase in usable space by the gazebo when Centennial Park is completed. The current location remains the preferred alternative by both the Farmers' Market Association and pillage Improvement Association after assessing the issues, advantages and disadvantages of all the options. The western portion of the 01ohan Alley parking lot adjacent to the creek walk is the only viable area identified for interim use while construction is occurring. While the City received objections from adjacent businesses to the location during the prior test period, staff' believes it will be more acceptable if businesses understand it is only proposed for a temp period. Space should be sufficient because it would be used primarily during the winter months when the number of booths is reduced. ALTERNATIVES: The following alternative locations were identified for consideration: 1 . Current location behind City Hall; 2. Western portion of the 01ohan Alley parking lot adjacent to the creek walk; 3. Heritage Square Park; 4. Le Point Street parking lot; 5 . Car Corral; and 6. Bridge Street. Agenda Item I I.a. Page 2 CITY COUNCIL CONSIDERATION of FUTURE FA I IERS' MAR ET LOCATION SEPTEMBER , 2010 PAGE ADVANTAGES: 1, The advantages of the current location include the following: The location is central and adjacent to business activity to help increase activity for local businesses and easy to find for tourists. The location provides an enjoyable environment for visitors since it is located in the heart of the pillage features, including the creek, gazebo and swinging bridge. Most of the parking is not used on Saturday since it is behind City Hall when City offices are closed. Patrons are familiar with the location since it has been operating there for a long period of time. 2. The advantages of the western portion of 01ohan Alley parking adjacent to the creek walk include the following; Booths would be maintained near the current site, which offers the same amenities, but allows vehicle access all the way from Bridge Street to Mason Street. It brings the pedestrian activity closest to the businesses. 3. The advantages of Heritage Square Park include the following: It provides more room for ;{non - certified" vendors, which expands activity and generates revenues for the pillage Improvement Association; By adding the additional vendors, it creates a weekly festival atmosphere. It maintains the entire parking lot for parking, which improves convenience of locating a parking space, 4. The advantages of the Le Point Street parking lot include the following: It would provide a larger parking area with the ability to expand the market It would maintain the closest parking area for business customers, yet it would maintain the market close to businesses, 5. The primary advantage of the Car Corral is that it would maintain the market in a central location. 6. The advantage of Bridge Street is that it would maintain the market in the Village, but relieve pressures on parking in the central business district. DISADVANTAGES: 1. The disadvantages of the current location include the following: Space will be constrained after the Short Street project is completed, which may reduce the ability of the market to expand and for the VIA to include more non- certified vendors. However, with construction of Centennial Park, there will be additional usable space these vendors will be able to use. It will limit the only egress from 01ohan Alley to Bridge Street. Agenda Item I I.a. Page 3 CITY COUNCIL CONSIDERATION of FUTURE FARMERS' MARKET IARKET LOCATIO SEPTEMBER 2, 201 PAGE 4 2. The disadvantages of the western portion of olohan Alley parking adjacent to the creek walk include the following: There is not sufficient space to accommodate all farmers during the peak season. During the test period, the City received complaints regarding loss of parking from businesses directly adjacent to the market. 3. The disadvantages of Heritage Square Park include the following: The south County Historical Society opposes location of the market in the Heritage Square Park due to conflicts with weddings at their facilities; Complaints were received from businesses because pedestrian traffic on East Branch Street was significantly impacted. The grass makes access more difficult for elderly and disabled and will be a significant deterrent to customers when Bret. Loading and unloading is more difficult for farmers since their vehicles are not adjacent to their booths which also prohibits them from tying down their booths during windy conditions. There is not sufficient space around the perimeter of the park without parking some of the vehicles on the grass, which will negatively impact the turf over time. 4. The disadvantages of the Le Point Street parking lot include the following: It would provide a significantly inferior environment for patrons of the market since the location is removed from the most pleasant features of the pillage. The parking lot will be terraced, which would not work well and will be opposed by the Farmers' Market. 5. The primary disadvantages of the Car Corral include the following: The lot is too small to accommodate all the vendors. The slope of the lot does not provide a good working space for the vendors. 6. The primary disadvantage of Bridge Street is that the Bridge is too narrow to accommodate the vendors and north of the Bridge would restrict access to both olohan Alley and the Klondike's Pizza parking areas. As a result, it requires the market to be located too far from the heart of the pillage. Therefore, customers drop significantly and it provides little benefit to the Village businesses. ENVIRONMENTAL REVIEW: No environmental review is rewired for this item. PUBLIC NOTIFICATION AMC COMMENTS: The agenda was posted in front of City Hall on Thursday, September 23, 2010 and on the City's website on Friday, September 24, 2010. Input was requested Agenda Item I I.a. Page 4 CITY COUNCIL CONSIDERATION OF FUTURE FARME S' I IAR ET LOCATION SEPTEMBER 28, 201 PAGE 5 from the pillage Improvement Association, Farmers' Market Association, South County Historical Society, and local businesses. Input has been incorporated into the analysis and recommendations. Agenda Item I I.a. Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Agenda Item I I.a. Page 6