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Agenda Packet 2002-11-26 CITY COUNCIL City of AGENDA }lrroyo qrancfe Michael A, Lady Mayor Thomas A, Runels Mayor Pro Tem Steven Adams Jim Dickens Council Member City Manager Tony Ferrara Council Member Timothy J. Carmel City Attorney Sandy Lubin Council Member Kelly Wetmore Director. Administrative Services NOTICE OF CITY COUNCIL SPECIAL MEETING Tuesday November 26. 2002 ~:30 P..,M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande AGENDA 1. ROLL CALL 2. PUBLIC COMMENT on Special Meeting Agenda Items. Members of the public wishing to address the Council on any item described in this Notice may do so when recognized by the Presiding Officer. 3. CiTY COUNCiL CLOSED SESSION: a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager 4. RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if any, 5. ADJOURNMENT. c:closedsession.agenda.112602. .,~"k'._ CITY COUNCIL City of AGENDA )4rroyo qrancfe Michael A. Lady Mayor Thomas A. Runels Mayor Pro Tem Jim Dickens Council Member Steven Adams City Manager Tony Ferrara Council Member Timothy J. Carmel City Attorney Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services AGENDA SUMMARY CITY COUNCIL TUESDAY, NOVEMBER 26,2002 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1, CALL TO ORDER: 7:00 P,M. 2. ROLL CALL 3. FLAG SALUTE: AMERICAN LEGION POST NO. 136 4. INVOCATION: JEAN BOWSER, BAHAI FAITH 5, SPECIAL PRESENTATIONS: 5.a. Presentations by Mayor Lady - Certificates of Appreciation to Outaoina Commission. Board, and Committee Members 6. AGENDA REVIEW: 6.a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - NOVEMBER 26, 2002 PAGE 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS: Persons in the audience may discuss business not scheduled on this agenda regarding any item of interest within the jurisdiction of the Council. The Council will listen to all communication; however, in compliance with the Brown Act, will not take any action on items that are not on the agenda. Upon completing your comments: . You may be directed to staff for assistance; . A Council Member may indicate an interest in discussing your issue with you subsequent to the Council meeting; . The Council may direct staff to research the issue and subsequently report back to the Council (generally in the form of a memorandum or staff report); or . No action is required or taken. 8, CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted, 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 (SNODGRASS) Recommended Action: Approve the listings of cash disbursements for the period November 1, 2002 through November 15, 2002. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund (SNODGRASS) Recommended Action: Receive and file the October 2002 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at September 30, 2002. 8.c. Consideration to Adiustment to Employee Medical Insurance Benefits (SNODGRASS) Recommended Action: Adopt Resolutions amending City Participation in the CalPERS medical insurance program. 8.d. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special City Council Meeting and Regular City Council/Redevelopment Agency Meeting of November 12, 2002 as submitted. 8.e. Consideration of Participation in the FY 2002-03 California Law Enforcement Eauipment Purchase (CLEEP) Proaram (TerBORCH) Recommended Action: Approve the expenditure of $17,700 as authorized by the State for acquisition of enhanced technology and other equipment under the FY 2002-03 California Law Enforcement Equipment Purchase (CLEEP) Program. AGENDA SUMMARY - NOVEMBER 26, 2002 PAGE 3 8, CONSENT AGENDA (continued): 8.1. Consideration of Street Name Change: Robles Road to Robles Place (STRONG) Recommended Action: Adopt Resolution approving the street name change for the upper segment of Robles Road to Robles Place. 8.g. Consideration of Authorization to Solicit Proposals for Street Sweeping Services (SPAGNOLO) Recommended Action: Authorize the solicitation of proposals for street sweeping services. 8,h. Consideration to Award Contract for the Rodeo Drive Traffic Caiming Proiect, PW 2002-07(SPAGNOLO) Recommended Action: 1) Award a construction contract for the Rodeo Drive Traffic Calming Project to Papich Construction Company in the amount of $45,438.80; 2) Authorize the City Manager to approve change orders not to exceed the contingency of $4,543.88 for use only if needed for unanticipated costs during the construction phase of the project; and, 3) Transfer funds from Project 5651 - "Streetlight at Old Ranch Road/West Branch Street" to the Rodeo Drive Traffic Calming Project to cover project contingencies. 8.1. Consideration of Approval of Final Parcel Map AG 02-0235: 1171 Sunset Drive (SPAGNOLO) Recommended Action: Approve Final Parcel Map AG 02-0235 subdividing approximately 0.40 acres into two (2) residential lots on Sunset Drive approximately 250 feet east of Elm Street. 8.j. Consideration of Authorization for Contractual Seryices for Tree Trimmina on Branch Mill Road (SPAGNOLO) Recommended Action: Authorize an appropriation of $2,500 to be used for tree trimming services on Branch Mill Road. 8.k. Consideration of Emplovment Aareement: City Manaaer (CARMEL) Recommended Action: Approve Employment Agreement between the City of Arroyo Grande and Steven Adams. 8.1. Consideration of Cancellation of December 24. 2002 City Council Meeting (ADAMS) Recommended Action: Cancel the regularly scheduled Council meeting of December 24, 2002. 8.m. Adoption of Ordinance Amendina the Zonina Map of Arrovo Grande from General Aariculture (AG) to Aaricultural Preserve (AP) for a 3.42 Acre Parcel Located at 871 East Cherry Avenue: Development Code Amendment 02-003; Applicant: Gordon F. Dixson Trust (STRONG) Recommended Action: Adopt Ordinance. AGENDA SUMMARY - NOVEMBER 26, 2002 PAGE 4 8. CONSENT AGENDA (continued): 8.n. Consideration of a Program Supplement Aareement with Caltrans for the East Grand Avenue - Phase 11/, Elm Street to Oak Park Boulevard, Capital Improvement Proiect (SPAGNOLO) Recommended Action: 1) Adopt Resolution authorizing the Mayor to execute Program Supplement Agreement No. 850 with Caltrans; and 2) Direct the Director of Administrative Services to submit the executed Program Supplement Agreement No. 850 and authorizing Resolution to Caltrans. 8.0. Consideration of Approval of Declaration of Annexation (CARMEL) Recommended Action: Approve the Declaration of Annexation making Lots 2, 3, and 4 of AGPL 01-052 subject to the Rancho Grande Covenants, Conditions, and Restrictions ("CC&R's") recorded on December 17,1986. 9. PUBLIC HEARINGS: 9.a. Consideration of Reauest for Amendment to Certificate of Public Convenience and Necessitv - Beach Cities Cab Co., Inc. (TerBORCHIWETMORE) Recommended Action: Adopt Resolution approving an amendment to Beach Cities Cab Company's Certificate of Public Convenience and Necessity to allow a maximum of ten (10) taxicabs to operate within the City limits, subject to full compliance with all conditions of approval and requirements of Chapter 5.72 of Title 5 of the Arroyo Grande Municipal Code. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Extension of Aareement with AGP Video for Cablecastina Services and City Government Cable Channel Policv (ADAMS) Recommendation: Approve extension of the Agreement with AGP Video for cablecasting services and the proposed City Government Cable Channel Policy. 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 rnay be participating. (a) MAYOR MICHAEL A. LADY: (1 ) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Other AGENDA SUMMARY - NOVEMBER 26, 2002 PAGE 5 12. CITY COUNCIL REPORTS (continued): (b) MAYOR PRO TEM THOMAS A, RUNELS: (1) Zone 3 Water Advisory Board (2) County Water Resources Advisory Committee (WRAC) (3) Other (e) COUNCiL MEMBER JIM DICKENS: (1) Economic Opportunity Commission (EOC) (2) South County Youth Coalition (3) Other (d) COUNCIL MEMBER TONY M. FERRARA: (1) Integrated Waste Management Authority (IWMA) (2) Air Pollution Control District (APCD) (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (4) Other (e) COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) Other 13. CITY COUNCIL MEMBER iTEMS: The following item(s) are placed on the agenda by the Mayor and/or a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a) None. 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a) None. 15. COUNCiL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17, ADJOURNMENT AGENDA SUMMARY - NOVEMBER 26, 2002 PAGE 6 * * * * * * * Copies of the staff reports or other written materials relating to each item of business referred to on this agenda are on file with the Director of Administrative Services and are available for public inspection and reproduction at cost. If you have questions regarding any agenda item, please contact the Director of Administrative Services at (B05) 473-5414. * * * * * * * In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the Director of Administrative Services at the number listed above at least 4B hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. ******* Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (B05) 473-5414 for more information. www.arrovoqrande.orQ OF 5.8. Certificate of reciation 9?resented to Jim Guthri{l ~or service to the Cit! of Arro!o Grande as a member of the 9?fanning Commission from q)ecem&er 2000 to ganua'1 2005 ~cftae( A. %4y, ~or OF :/: ////! \ \~~ '~CALIFORNIA -~~ Certificate of reciation 9?resented to M.ark Clark ~or service to the City of Arr~o Grande as a mem&er of the q)owntown ~attin9 AQvisOfl 'Board from August t 987 to 9anuafl 2003 ~cftael A: %eft, ~or OF / /! / i \ \\ \ ,,~~ / /..! . \ . // . : \\\ ,I . I \ ICA LlF~~N IA -~~ Certificate of ~eciation 9?resented to Brue{lls{lwi~ ~or service to the Cit~ of Atr~o Grande as a member of the ~arks & c.Rtcreation Commission from ~ 2001 to 8anuart 2003 ~cftae( A. %dY, ~or OF /, \ I , \ \ ' I \ "MCALIFO~NIA t<<f-?~ Certificate of 9?resented to Marilynn f'airbanb ~or service to the Cit~ of Arro+fo Grande as a member of the Senior Adviso'1 Commission from ~ch t 997 to t]anua'1 2005 ~chae( A. %eft, ~or OF , \\\'\~ \ \ "'- . \ \ \ '~CA L IF~ R N I A -~~ Certificate of ~reciation 9?resented to Ch{lt Ri{ltan . ~or service to the Cit! of ArrD'lo Grande as a member of the Architectura( ~iew Committee from August t 998 to 8anua'1 2003 ~cftae( A. %dY, ~or 5.8. OF Certificate of rreciation <)?resentea to Jim Guthrifl ~or service to the City of Arroyo Grande as a member of the ~(annin9 Commission from q)ecember 2000 to EJanua'1 2005 ~chae( A. %dY, ~or 8.a. MEMORANDUM TO: CiTY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES fJ I BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR q SUBJECT: CASH DISBURSEMENT RA TIFICA TION DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period November 1 - November 15, 2002. FUNDING: There is a $773,675.26 fiscal impact. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 - Cash Disbursement Listing ATTACHMENT 2 - November 1, 2002 Accounts Payable Check Register ATTACHMENT 3 - November 1,2002 Payroll Checks and Benefit Checks ATTACHMENT 4 - November 8,2002 Accounts Payable Check Register ATTACHMENT 5 - November 15, 2002 Accounts Payable Check Register ATTACHMENT 6 - November 15, 2002 Payroll Checks and Benefit Checks ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS For the Period of November 1 Through November 15, 2002 November 26, 2002 Presented are the cash disbursements issued by the Department of Financial Services for the period November 1 to November 15, 2002. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPEOFPAYMENT ATTAG.HMENT AMOUNT November 1, 2002 Accounts Payable Cks 108325-108393 2 $ 92,104.31 Payroll Checks & Benefit Checks 3 297.418.48 389,522.79 November 8, 2002 Accounts Payable Cks 108406-108478 4 32,214.37 November 15, 2002 Accounts Payable Cks 108479-108554 5 63,040.70 Payroll Checks & Benefit Checks 6 288.897.40 351,938.10 Two Week Total $ 773.675.26 CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND (010) SPEOAL REVENUE FUNDS City Government (Fund 010) Park Development Fee Fund (Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund (Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund (Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund (Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274) Public Baretv (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279) 4201 - Police Redevelopment Agency ( Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building & Safety ENTERPRISE FUNDS Public Works (Fund 010) Sewer Fund (Fund 612) 4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund (Fund 640) 4304 - Street lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks & Recreation (Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration (Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424 - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance Dept. Index for Council.xls ATTACIJI.lENT 2 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 10/30/02 17:32 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108325 11/01/02 000858 ADAMSON INDUSTRIES ASSAULT SHELL/TAC CARRY 010.4201.5272 192.47 192 .47 108326 11/01/02 103170 AGVIA AGVIA BROCHURE 284.4103.5505 125.00 125.00 108327 11/01/02 100897 AMERICAN TEMPS BRADFORD BveS-lOflI 010.4130.5303 712.80 712.80 108328 11/01/02 103062 AQUA-METRIC SALES CO METER READING PROBE 640.4712.5207 389.96 389.96 108329 11/01/02 103293 CAROLINE BOORMAN WTR PYMT~457 PUESTA DEL SOL 640.0000.4751 187.69 108329 11/01/02 103293 CAROLINE BOORMAN CLOSING 81LL-457 PUESTA DEL SO 640.0000.4751 67.84- 119.85 108330 11/01/02 103294 SHERI BRIGHT REF.5C a/SALL-BRIGHT 010.0000.4613 45.00 45.00 108331 11/01/02 016692 CA. PEACE OFFICER'S ASSN REGIS-HENDRICKS 010 A201. 5501 357.00 357.00 108332 11/01/02 018330 CA.ST.DEPT.OF JUSTICE FINGERPRINT CHECKS-SEPT 010.4425.5315 162.00 108332 11/01/02 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINT CHECKS-SEPT 010.4201.5324 102.00 108332 11/01/02 018330 CA. ST. DEPT. OF JUSTICE FINGERPRINT CHECKS-SEPT 010.4201.5329 1,203.00 1,467.00 108333 11/01/02 103295 DOUGLAS CECCHI REF. PARK DEP-CHECCH 010.0000.4354 26.00 26.00 108334 11/01/02 103055 CELLULAR ONE CELL PHONE 010.4425.5255 93.54 93.54 108335 11/01/02 021918 CENTRAL COAST SUPPLY BLDG MAINT. SUPPLIES 010.4213.5604 806.95 806.95 108336 11/01/02 022308 CERTIFIED LABORATORIES DEMARK AEROSOL 220.4303.5613 154.50 154.50 108337 11/01/02 077376 SUSAN SAXE- CLIFFORD PSYCHOLO.EVAL 010.'1201. 5315 350.00 350.00 108338 11/01/02 026286 CREEK ENVIRONMENTAL LAB WATER SAMPLES 640.4710.5310 70.00 70.00 108339 11/01/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4421.5201 62.00 108339 11/01/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4301.5201 57.75 108339 11/01/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4212.5201 26.25 108339 11/01/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4430.5605 15.75 161. 75 108340 11/01/02 027534 D.G.REPAIR BATTERY/JUMP SEAT 010.4201.5601 95.01 95.01 108341 11/01/02 101016 CHARLENE DURHAM REF.PARK DEP-DURHAM 010.0000.4354 26.00 26.00 108342 11/01/02 103291 EASY LINK SERVICES CORP TRAK SYSTEM USAGE 010.4201.5607 1.10 1.10 108343 11/01/02 103178 EXXONMOBIL FLEET/GECC GASOLINE 010.4201. 5608 99.71 99.71 108344 11/01/02 033150 FEDERAL EXPRESS CORP FED EX MAIL 010.4130.5201 14.86 14 .86 108345 11/01/02 035802 FRANK'S LOCK & KEY INC DUP KEYS 010.4201.5601 26.81 108345 11/01/02 035802 FRANK'S LOCK & KEY INC MULTI CODE GARGE DOOR OPENER 010.4201.5605 68.54 108345 11/01/02 035802 FRANK'S LOCK & KEY INC CUP. KEYS/RINGS 010.4201. 5601 13.41 108345 11/01/02 035802 FRANK'S LOCK & KEY INC GATE REMOTE 010.4420.5605 34.27 108345 11/01/02 035802 FRANK'S LOCK & KEY INC DUP.KEYS/TAGS/RINGS 010.4201.5601 14.16 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 10/30/02 17:32 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108345 11/01/02 035802 FRANK'S LOCK & KEY INC REKEY VARIOUS PLACES 010.4201.5604 80.00 237.19 108346 11/01/02 103298 JULIA GOMEZ REF.MINOR EXCEPT-GOMEZ 010.0000.4514 257.00 257.00 108347 11/01/02 038532 GRAND PERFORMANCE MUSIC REINSTALL AUDIO CABLES 010.4213.6401 1,014.28 1,014.28 108348 11/01/02 101881 GREATAMERICAN LEASING C COPIER LEASE 010.4130.5303 319.07 319.07 108349 11/01/02 041808 CRAIG HENDRICKS LEGISLATIVE UPDATE-HENDRICKS 010.4201.5501 70.00 70.00 108350 11/01/02 103292 LAURIE HOLDEN REF.WTR DEP-1176 MAPLE 640.0000.2302 180.00 108350 11/01/02 103292 LAURIE HOLDEN CLOSING BILL-1176 MAPLE 640.0000.4751 32.57- 108350 11/01/02 103292 LAURIE HOLDEN PREV.BAL-1176 MAPLE 640.0000.4751 85.95- 61.48 108351 11/01/02 042862 HONEYWELL,INC. REPAIRS TO WALL FURNACES 010.4213.5604 358.00 108351 11/01/02 042862 HONEYWELL, INC. REPAIR WALL FURNACES 010.4213.5604 1,450.49 1,808.49 108352 11/01/02 043290 CHERI HULGAN RED RIBBON MEALS 010.4201.5504 40.49 40.49 108353 11/01/02 102701 INDOFF,INC. OFFICE SUPPLIES-CREDIT 010.4130.5201 90.15- 108353 11/01/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4130.5201 64.31 108353 11/01/02 102701 INDOFF,INC. OFFICE SUPPLIES 010.4130.5201 46.07 108353 11/01/02 102701 INDOFF, INC. OFFICE SUPPLIES-CREDIT 010.4130.5201 66.07- 108353 11/01/02 102701 INDOFF, INC. OFFICE SUPPLIES-CREDIT 010.442-;J..5201 34.19- 108353 11/01/02 102701 INDOFF, INC. OFFICE BULLETIN BOARD 612.4610.5201 34.31 108353 11/01/02 102701 INDOFF,INC. OFFICE SUPPLIES 010.4130.5201 118.90 108353 11/01/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4212.5201 44.66 117.84 108354 11/01/02 044496 INFORMATION SERVICES CITATION PROCESS FEE 7-9/02 010.4201.5303 371.47 371.47 108355 11/01/02 045708 INTOXIMETERS, INC. MOUTHPIECES 010.4201.5255 101.63 101.63 108356 11/01/02 046176 J J'S FOOD COMPANY BBQ SUPPLIES 220.4303.5613 125.39 125.39 108357 11/01/02 102666 VALERIE KLINE PILATES CLASS-KLINE 010.4424.5351 31. 50 31.50 108358 11/01/02 103285 LEO'S RECOVER CUSHION/SEAT-962 010.4201.5601 245.67 245.67 108359 11/01/02 102170 LOCAL GOVERNMENT COMMIS LGC MEMBERSHIP-2003 010.4130.5503 75.00 75.00 108360 11/01/02 102667 ROSEMARIE LOPEZ CHEER & POM CLASS-LOPEZ 010.4424.5351 49.00 49.00 108361 11/01/02 058208 F. MORTON PITT CO. NAME PLATES/PINS-BROMBY/BRIDGE 010.4201.5255 37.47 37.47 108362 11/01/02 058578 MULLAHEY FORD PARKS DUMP TRUCK F-350 010.4420.6301 26,789.62 108362 11/01/02 058578 MULLAHEY FORD REPR RIGHT DOOR LOCK-993 010.4201.5601 240.59 27,030.21 108363 11/01/02 059124 MUSTANG TREE CARE TREE REMOVAL-310/336 HALCYON 010.4420.5303 502.50 108363 11/01/02 059124 MUSTANG TREE CARE WILLOW REMOVAL-ELM ST 010.4420.5303 730.00 108363 11/01/02 059124 MUSTANG TREE CARE PRUNE EUCALYPTUS-CORP YARD 010.4420.5303 1,000.00 108363 11/01/02 059124 MUSTANG TREE CARE STUMP GRINDING-ELM ST 010.4420.5303 640.00 2,872.50 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 10/30/02 17:32 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108364 11/01/02 102044 NOSSAMAN,GUTHNER,KNOX & PROF.SVCS-S.M.VALLEY WTR CONS. 640.4710.5575 8,957.92 8,957.92 108365 11/01/02 063960 PACIFIC BELL ALARM 841-3953 010.4211. 5403 31.86 108365 11/01/02 063960 PACIFIC BELL ALARM 841-3956 220.4303.5403 31. 86 108365 11/01/02 063960 PACIFIC BELL RADIO 451-0183 010.4145.5403 186.08 108365 11/01/02 063960 PACIFIC BELL ALARM 841-3959 220.4303.5403 31.86 108365 11/01/02 063960 PACIFIC BELL ALARM 841-3960 010.4211. 5403 31. 86 108365 11/01/02 063960 PACIFIC BELL PAY PHONE 489-9816 010.4145.5403 51. 98 365.50 108366 11/01/02 102995 PACIFIC BELL/WORLDCOM PHONE 473-5141 010.4145.5403 360.87 108366 11/01/02 102995 PACIFIC BELL/WORLDCOM PHONE 489-2174 010.4201. 5403 29.81 108366 11/01/02 102995 PACIFIC BELL/WORLDCOM PHONE 473-2198 010.4145.5403 51.40 108366 11/01/02 102995 PACIFIC BELL/WORLDCOM PHONE 473-5100 010.4145.5403 793.79 108366 11/01/02 102995 PACIFIC BELL/WORLDCOM PHONE 481-6944 010.4201.5403 133.24 1,369.11 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 20.98 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 2,072.19 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4712.5402 551.59 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 640.4711.5402 15,757.58 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 612.4610.5402 1,527.10 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4145.5401 7,850.39 108367 11/01/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 217.4460.5355 7.28 27,787.11 108368 11/01/02 103297 MARY ALICE PERDUE REF.PARK DEPOSIT-PERDUE 010.0000.4354 26.00 26.00 108369 11/01/02 063726 PJ'S TOP SHOP SHIRTS-SUMMER S/BALL 010.4424.5257 1,987.77 108369 11/01/02 063726 PJ'S TOP SHOP SHIRTS-SPRING S/BALL 010.4424.5252 1,240.67 3,228.44 108370 11/01/02 067782 DENNIS PORTE PUPPY PLAY SCHOOL CLASSES 010.4424.5351 787.15 787.15 108371 11/01/02 090284 SHAWN PRYOR REIMB.GASOLINE-PRYOR 010.4201. 5608 34.40 34.40 108372 11/01/02 102673 PULITZER LOCAL HOUSING TASK FORCE AD 010.4130.5318 289.58 108372 11/01/02 102673 PULITZER AD-PD 010.4201. 5301 111.22 400.80 108373 11/01/02 069120 R.H.F.INC. CABLE PYTHON ASSY 010.4201. 5603 33.81 33.81 108374 11/01/02 102547 RICOH LEASING COPIER LEASE 010.4421. 5602 148.31 148.31 108375 11/01/02 100200 RRM DESIGN GROUP R G PARK CONST 350.5512.7301 1,663.95 108375 11/01/02 100200 RRM DESIGN GROUP INSPEC-RG 350.5512.7301 850.00 2,513.95 108376 11/01/02 078156 SEBASTIAN OIL DISTRIB. GASOLINE 010.4201.5608 1,517.29 1,517.29 108377 11/01/02 101556 DIANE SHEELEY PER DEIM-SHEELEY 284.4103.5501 220.00 220.00 108378 11/01/02 102046 RICHARD SLADE & ASSOC PROF.SM VALLEY WATER 640.4710.5575 500.66 500.66 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 00608502364 010.4145.5551 7.00 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 00608502442 010.4145.5551 7.00 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 00608502519 010.4145.5551 12.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 10/30/02 17 :32 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 00608502697 010.4145.5551 7.00 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 00777401231 010.4145.5551 42.00 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 04712500264 010.4145.5551 323.84 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 04712601086 010.4145.5551 7.66 108379 11/01/02 074880 SLO CNTY TAX COLLECTOR PROP TAX 06207401253 010.4145.5551 26.66 433.16 108380 11/01/02 103299 STAMP LUIS/STUDIOS BLAC CUSTOM STAMP FOR RECORDS 010.4201. 5201 32.18 32.18 108381 11/01/02 082040 STAPLES OFFICE SUPPLIES 010.4201.5504 32.69 108381 11/01/02 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 139.22 108381 11/01/02 082040 STAPLES OFFICE SUPPLIES 010.4201. 5201 62.31 108381 11/01/02 082040 STAPLES OFFICE SUPPLIES 010.4201.5201 157.27 108381 11/01/02 082040 STAPLES OFFICE SUPPLIES 010.4201.5504 43.59 435.08 108382 11/01/02 082134 STATEWIDE SAFETY & SIGN SIGNS 010.4420.5605 12.72 12.72 108383 11/01/02 082328 STERLING COMMUNICATIONS RADIO SVCS.AGREEMENT 010.4201.5606 974.00 974.00 108384 n/Ol/02 082836 STREATOR PIPE & SUPPLY PVC COUPLERS 010.4430.5605 16.44 108384 11/01/02 082836 STREATOR PIPE & SUPPLY SPRINKLER REPR.PART 010.4430.5605 19.54 35.98 108385 11/01/02 083382 SUPERIOR QUALITY COPIER TONER 010.4201.5201 139.37 139.37 108386 11/01/02 102244 TITAN INDUSTRIAL SAFETY GLASSES/RETAINERS 010.4420.5255 223.94 223.94 108387 11/01/02 088084 UNITED GREEN MARK, INC. SPRINKLER PARTS 010.4430.5605 7.40 108387 11/01/02 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4420.5605 15.02 22.42 108388 n/Ol/02 088826 PEGGY VALKO ART CLASSES-VALKO 010.4424.5351 313.60 108388 11/01/02 088826 PEGGY VALKO ART CLASSES-VALKO 010.4424.5351 78.40 108388 11/01/02 088826 PEGGY VALKO ART CLASSES - VALKO 010.4424.5351 358.40 750.40 108389 11/01/02 103296 SHERRY VASQUEZ REF.PARK DEP-VASQUEZ 010.0000.4354 26.00 26.00 108390 11/01/02 102322 VENTURA COUNTY CRIMINAL TUITION-CRAIG HENDRICKS 010.4201. 5501 50.00 50.00 108391 11/01/02 102007 VERIZON WIRELESS PD PATROL CAR CELL PHONES 010.4201.5403 319.48 108391 11/01/02 102007 VERIZON WIRELESS CELL PHONE-SHEELEY 284.4103.5403 38.64 108391 11/01/02 102007 VERIZON WIRELESS CELL PHONE-CHAVEZ 010.4430.5605 45.06 108391 11/01/02 102007 VERIZON WIRELESS PD CELL PHONES 010.4201.5403 172.12 108391 11/01/02 102007 VERIZON WIRELESS CELLPHONE-PKS DIR 010.4421.5602 82.64 108391 11/01/02 102007 VERIZON WIRELESS CELL PHONE PKS SUPER 010.4421.5602 15.62 108391 n/01/02 102007 VERIZON WIRELESS MOTOR CELL PHONES 010.4201.5403 76.78 750.34 108392 11/01/02 089700 VILLAGE ART FRAMING/CERT-CLEAVER 010.4001.5504 130.48 130.48 108393 11/01/02 090480 WAYNE'S TIRE LUBE/OIL/FILTER 010.4201.5601 23.61 23.61 TOTAL CHECKS 92,104.31 . VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 10/30/02 17 :32 VOUCHER/CHECK REGISTER FOR PERIOD 18 FUND TITLE AMOUNT 010 GENERAL FUND 60,885.38 217 LANDSCAPE MAINTENANCE DISTRICT 7.28 220 STREETS FUND 343.61 284 REDEVELOPMENT AGENCY FUND 383.64 350 CAPITAL IMPROVEMENT FUND 2,513.95 612 SEWER FUND 1,561.41 640 WATER FUND 26,409.04 TOTAL 92,104.31 ATTACHHENT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 10/11/02 -10/24/02 11/01/02 FUND 010 262,879.28 Salaries Full time 161,131.70 FUND 220 13,207.83 Salaries Part-Time - PPT 27.110.60 FUND 284 4,860.26 Salaries Part-Time - TPT 8,337.81 FUND 612 4,521.42 Salaries OverTime 11,855.93 FUND 640 11,949.69 Salaries Standby 361.50 297,418.48 Holiday Pay 5.451.38 Sick Pay 4,074.77 Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - Vacation Pay 2,642.26 Comp Pay 5,018.76 Annual Leave Pay 5,852.44 PERS Retirement 18,026.38 Social Security 16,042.33 PARS Retirement 305.47 State Disability Ins. 643.93 Health Insurance 24,348.02 Dental Insurance 3,910.68 Vision Insurance 869.52 Life Insurance 560.00 Long Term Disability - Uniform Allowance - Car Allowance 400.00 Council Expense 375.00 Employee Assistance - Boot Allowance - Motor Pay 100.00 - 297,418.48 A?TACHME:"~T 4 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 11/06/02 09:19 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108406 11/08/02 101110 AGP VIDEO VIDEO PRODUCTION-CC 9/10-9/24 010.4101. 5330 2,050.00 2,050.00 108407 11/08/02 102698 DENA ALLISON REF. PARK DEPOSIT-ALLISON 010.0000.4354 26.00 26.00 108408 11/08/02 003120 AMERICAN INDUSTRIAL SUP RUBBER BOOTS/GLOVES 640.4712.5255 91.26 91. 26 108409 11/08/02 100897 AMERICAN TEMPS BRADFORD SVCS-10/26 010.4130.5303 792.99 108409 11/08/02 100897 AMERICAN TEMPS BRADFORD SVCS-10/19 010.4130.5303 717.26 1,510.25 108410 11/08/02 103062 AQUA-METRIC SALES CO REPR.SSI 640.4712.5207 740.68 108410 11/08/02 103062 AQUA-METRIC SALES CO TURBO METER CHAMBERS 640.4712.5611 647.85 1,388.53 108411 11/08/02 103303 JODI ARCITIO REF. PARK DEP-ARCITIO 010.0000.4354 26.00 26.00 108412 11/08/02 101044 CITY OF ARROYO GRANDE PHOTO FILM/PROCESSING 010.4212.5201 8.38 108412 11/08/02 101044 CITY OF ARROYO GRANDE SUPPLIES 010.4101.5201 9.63 108412 11/08/02 101044 CITY OF ARROYO GRANDE SUPPLIES 010.4001.5201 12.98 108412 11/08/02 101044 CITY OF ARROYO GRANDE HR MEETING SUPPLIES 010.4101.5201 12.53 108412 11/08/02 101044 CITY OF ARROYO GRANDE ORAL BOARD SUPPLIES 010.4420.5255 12.52 108412 11/08/02 101044 CITY OF ARROYO GRANDE REIMB. DMV PHYSICAL 010.4420.5303 25.00 108412 11/08/02 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4301. 5201 15.02 108412 11/08/02 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4001. 5201 12.51 108412 11/08/02 101044 CITY OF ARROYO GRANDE KITCHEN SUPPLIES 010.4101.5201 35.04 108412 11/08/02 101044 CITY OF ARROYO GRANDE OFFICE SUPPLIES 010.4301.5201 19.80 108412 11/08/02 101044 CITY OF ARROYO GRANDE MILEAGE TC 010.4301.5255 7.30 108412 11/08/02 101044 CITY OF ARROYO GRANDE MEETING SUPPLIES 010.4101.5501 55.00 108412 11/08/02 101044 CITY OF ARROYO GRANDE ORAL BOARD SUPPLIES 010.4130.5316 10.39 108412 11/08/02 101044 CITY OF ARROYO GRANDE PARKING 010.4101.5501 3.50 108412 11/08/02 101044 CITY OF ARROYO GRANDE MEETING SUPLLIES 010.4301.5503 30.00 108412 11/08/02 101044 CITY OF ARROYO GRANDE REIMB.DL 640.4710.5501 19.00 108412 11/08/02 101044 CITY OF ARROYO GRANDE REPL. LOCK 010.4420.5605 3.00 108412 11/08/02 101044 CITY OF ARROYO GRANDE HALLOWEEN SUPPLIES 010.4001. 5201 48.68 340.28 108413 11/08/02 102050 AVAYA, INC. PHONE SERVICE AGREEMENT 010.4145.5403 28.16 28.16 108414 11/08/02 102844 BAKERSFIELD COLLEGE REG-QUINLAND INVEST 1A 010.4211.5501 122.00 122.00 108415 11/08/02 101810 BASIC CHEMICAL SOLUTION SODIUM HYPOCHLORITE 640.4712.5274 648.15 648.15 108416 11/08/02 010412 ALBERT BEATTIE CNOA CONF-BEATTIE 010.4201.5501 609.60 609.60 108417 11/08/02 013026 BRISCO MILL & LUMBER SCREWS/BOLTS/ANCHORS 220.4303.5613 29.60 108417 11/08/02 013026 BRISCO MILL & LUMBER LUMBER 640.4712.5604 11.26 108417 11/08/02 013026 BRISCO MILL & LUMBER BOLTS/NUTS/WASHES 640.4712.5604 5.49 108417 11/08/02 013026 BRISCO MILL & LUMBER BUSHINGS 220.4303.5613 5.31 51. 66 108418 11/08/02 013572 BRUMIT DIESEL,INC SEAL/TAIL LIGHT/OULL CABLE 010.4211.5601 139.51 , 108U8 11/08/02 013572 BRUMIT DIESEL,INC TAIL LIGHT 010.4211.5601 78.00 108418 11/08/02 013572 BRUMIT DIESEL,INC DIPSTICK 010.4211.5601 41. 89 108418 11/08/02 013572 BRUMIT DIESEL,INC PROTECTALL 010.4211.5601 56.84 316.24 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 11/06/02 09:19 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108419 11/08/02 101431 BURDINE PRINTING TYPESETTING BUS.CARDS 010.4102.5306 50.94 50.94 108420 11/08/02 017628 CA.ST.EMERGENCY SERVICE OFFICER SAFETY-HENDRICKS 010.4201. 5501 1,150.00 1,150.00 108421 11/08/02 102939 cm CABRIALES MUSEUM OF TOLERANCE 010.4201.5501 171.00 171.00 108422 11/08/02 015160 CALIFORNIA CONTRACTOR S PAINT 220.4303.5613 121.11 121.11 108423 11/08/02 101934 CALIFORNIA UTILITY EQUI CALIBRATE/TUNE/TEST METROTECH 640.4712.5603 162.18 162.18 108424 11/08/02 020124 VICKIE CARDOZA REIMB.TRAVEL-DISP UPDATE 010.4201.5501 39.91 108424 11/08/02 020124 VICKIE CARDOZA ADDT'L CHARGES-DISP UPDATE 010.4201.5501 39.91 79.82 108425 11/08/02 022632 CHAPARRAL COPIER MAINT/OVERAGE 010.4421.5602 104.06 104.06 108426 11/08/02 102282 CINGULAR WIRELESS CELL PHONE-CODE ENFORCEMENT 010.4130.5201 60.00 60.00 108427 11/08/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 138.25 108427 11/08/02 024492 COLD CANYON LAND FILL GREEN WASTE DUMP 220.4303.5307 103.75 242.00 108428 11/08/02 101551 SHAWN COSGROVE PEPPER BALL 010.4201.5501 179.55 179.55 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101.5201 17.42 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4130.5201 17.42 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4120.5201 17 .41 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4001.5201 10.50 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4120.5201 19.17 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4130.5201 19.17 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4101.5201 19.16 108429 11/08/02 026754 CRYSTAL SPRINGS WATER C BO'ITLED WATER 010.4001.5201 10.50 130.75 108430 11/08/02 103116 SHANE DAY MUSEUM OF TOLERANCE 010.4201.5501 171.00 171.00 108431 11/08/02 028548 DAYSTAR INDUSTRIES STREET SWEEPING 010.4303.5303 112.50 108431 11/08/02 028548 DAYSTAR INDUSTRIES STREET SWEEPING 220.4303.5303 2,369.73 108431 11/08/02 028548 DAYSTAR INDUSTRIES STREET SWEEPING 010.4303.5303 3,706.50 6,188.73 108432 11/08/02 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 331.98 108432 11/08/02 076848 LENNY DE LOS SANTOS TENNIS CLASSES-DE LOS SANTOS 010.4424.5351 134.75 466.73 108433 11/08/02 102574 EARTHLINK, INC DIAL UP WEBSITE 010.4140.5303 23.95 23.95 108434 11/08/02 101379 FERGUSON ENTERPRISES,IN BACKFLOW DEVICE/FITTINGS 640.4712.5610 674.67 108434 11/08/02 101379 FERGUSON ENTERPRISES,IN PVC PIPE 640.4712.5610 62.21 108434 11/08/02 101379 FERGUSON ENTERPRISES,IN SERVICE SADDLES 640.4712.5610 214.50 951.38 108435 11/08/02 033702 TERENCE FIBICH REIMB.CISM TRAINING/LODGING 010.4211. 5501 203.08 203.08 108436 11/08/02 102300 FIREFIGHTERS BOOKSTORE TRAINING BOOKS 010.4211.5501 190.95 190.95 108437 11/08/02 100583 NANCY HAGLUND REIMB.AFSS W/SHOP 010.4211.5501 327.25 327.25 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 11/06/02 09;19 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108438 11/08/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 255.53 108438 11/08/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 465.42 720.95 108439 11/08/02 103115 JASON HENDRIX MUSEUM OF TOLERANCE 010.4201.5501 171.00 171.00 108440 11/08/02 103309 JEREMIAH HICKEY WATER DEP-113 N.ALPINE 640.0000.2302 180.00 108440 11/08/02 103309 JEREMIAH HICKEY CLOSING BILL-113 N.ALPINE 640.0000.4751 49.94~ 108440 11/08/02 103309 JEREMIAH HICKEY PREVIOUS BALANCE-113 N.ALPINE 640.0000.4751 87.08- 42.98 108441 11/08/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4211.5201 248.20 108441 11/08/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4211.5201 64.54 108441 11/08/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4211.5201 4.83 317 .57 108442 11/08/02 044496 INFORMATION SERVICES DAS SVCS-WEEKS 37/38 010.4140.5303 2,769.84 2,769.84 108443 11/08/02 103301 J.G.PRODUCTS,INC ELECT. MEASURING SCALES 612.4610.5201 131.45 131.45 108444 11/08/02 102703 MICHELLE JARVIS REF. PARK DEPOSIT-JARVIS 010.0000.4354 26.00 26.00 108445 11/08/02 054482 MAINTENANCE SUPERINTEND MSA ANNUAL DUES 220.4303.5503 200.00 108445 11/08/02 054482 MAINTENANCE SUPERINTEND MSA ANNUAL DUES 220.4303.5501 100.00 300.00 108446 11/08/02 054920 MASTERLINE AIR SYSTEMS AIR TEST PROGRAM 010.4211.5303 330.00 330.00 108447 11/08/02 057096 MINER'S ACE HARDWARE VEHICLE POLISH/SOAP 010.4211.5255 22.97 108447 11/08/02 057096 MINER'S ACE HARDWARE PurTY KNIFE 640.4712.5273 3.74 108447 11/08/02 057096 MINER'S ACE HARDWARE ELECTRICAL SUPPLIES 640.4712.5604 12.63 108447 11/08/02 057096 MINER'S ACE HARDWARE MOUNT 010.4211.5504 6.39 108447 11/08/02 057096 MINER'S ACE HARDWARE MARKER PAINT 010.4211.5201 4.98 108447 11/08/02 057096 MINER'S ACE HARDWARE D BATTERY 010.4211.5603 10.71 108447 11/08/02 057096 MINER'S ACE HARDWARE LUMBER 010.4211.5255 47.90 108447 11/08/02 057096 MINER'S ACE HARDWARE MISC. HARDWARE 010.4211.5603 25.61 108447 11/08/02 057096 MINER'S ACE HARDWARE ELECT. TAPE 010.4211. 5603 8.32 108447 11/08/02 057096 MINER'S ACE HARDWARE AM. BATTERY 640.4712.5255 4.06 108447 11/08/02 057096 MINER'S ACE HARDWARE LUMBER MARKERS/D BATTERY 010.4212.5255 21.12 108447 11/08/02 057096 MINER'S ACE HARDWARE NIPPLE/UNION GRND JOINT 640.4712.5610 9.74 108447 11/08/02 057096 MINER'S ACE HARDWARE MARKER PAINT 640.4712.5255 5.34 108447 11/08/02 057096 MINER'S ACE HARDWARE RUBBER FLASHLIGHT 640.4712.5273 12.86 196.37 108448 11/08/02 102808 NATIONAL RESOURCE SAFET SHIPPING SAFETY VIDEOS 220.4303.5501 19.40 19.40 108449 11/08/02 103304 BRIDGETTE OLIVAREZ REF. PARK DEP-OLIVAREZ 010.0000.4354 26.00 26.00 108450 11/08/02 062712 ORCHARD SUPPLY HARDWARE SCREWDRIVER SET/SOCKETS 640.4712.5273 107.19 107.19 108451 11/08/02 102995 PACIFIC BELL/WORLDCOM ALARM 473-1935 640.4710.5403 28.99 28.99 108452 11/08/02 103311 PASHMINA PATEL REF. PARK DEP-PATEL 010.0000.4354 26.00 26.00 108453 11/08/02 066322 PHOENIX FOODSERVICES OFFICER SAFETY FOOD SERVICES 010.4201.5501 156.80 156.80 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 11/06/02 09:19 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108454 11/08/02 103312 CYNTHIA PLAZA REF. PARK DEP-PLAZA 010.0000.4354 26.00 26.00 108455 11/08/02 102673 PULITZER LEGAL #121066 010.4002.5301 72.00 108455 11/08/02 102673 PULITZER LEGAL-121073 010.4002.5301 72 .00 144.00 108456 11/08/02 100686 PURCHASE POWER SUPPLIES-POSTAGE EQUIPMENT 010.4101. 5201 59.49 59.49 108457 11/08/02 103308 RANCHO BRANDE HOA-PHASE C.B.DEP-R.G.HOA PHASE 1 010.0000.2206 250.00 108457 11/08/02 103308 RANCHO BRANDE HOA-PHASE BLDG.SUPER-R.G.HOA PHASE 1 010.0000.4354 9.00- 108457 11/08/02 103308 RANCHO HRANDE HOA-PHASE BLDG.SUPER-R.G.HOA PHASE 1 010.0000.4354 13 .50- 227.50 108458 11/08/02 103307 KEN REED MUSEUM OF TOLERANCE 010.4201.5501 171.00 171.00 108459 11/08/02 103252 NINA RIPPY BALLET-JAZZ CLASSES 010.4424.5351 119.00 119.00 108460 11/08/02 102916 ROBERTSON SUPPLY EYE WASH STATION 220.4303.5613 224.41 224.41 108461 11/08/02 078156 SEBASTIAN OIL DISTRIB. GASOLINE/DIESEL 010.4211.5608 139.62 139.62 108462 11/08/02 103306 KANDI SERPA REF. PARK DEP-SERPA 010.0000.4354 26.00 26.00 108463 11/08/02 101039 SLO CNTY FIRE DEPARTMEN REGIS-SLIVA(RESCUE SYS.1) 010.4211.5501 300.00 108463 11/08/02 101039 SLO CNTY FIRE DEPARTMEN REGIS-MALONEY/IREY(ICS-1-300) 010.4211.5501 90.00 108463 11/08/02 101039 SLO CNTY FIRE DEPARTMEN REG. FEE-AUTO EXTRAC-BOREHAM 010.4211.5501 35.00 425.00 108464 11/08/02 101943 SLO CNTY VISITORS & SEMI ANNUAL PAYMENT-SLOCVCB 284.4103.5303 3,250.00 3,250.00 108465 11/08/02 080886 SOUTHERN AUTO SUPPLY OZIUM 010.4305.5601 2.13 108465 11/08/02 080886 SOUTHERN AUTO SUPPLY SUPER GLUE 010.4305.5601 1. 49 3.62 108466 11/08/02 102376 MICHELE STEARNS MUSEUM OF TOLERANCE 010.4201.5501 171.00 171.00 108467 11/08/02 082836 STREATOR PIPE & SUPPLY VALVE BOXES 640.4712.5610 83.11 83.11 108468 11/08/02 102693 TRI-COUNTY TRAINING OFF DUES-QUINLAN TRI-COUNTY 010.4211.5503 10.00 10.00 108469 11/08/02 086346 TROESH READY MIX CLASS #2 BASE 220.4303.5613 217.72 108469 11/08/02 086346 TROESH READY MIX RECYCLE CONCRETE 220.4303.5307 167.20 108469 11/08/02 086346 TROESH READY MIX CLASS # 2 BASE 220.4303.5613 356.08 108469 11/08/02 086346 TROESH READY MIX RECYCLE CONCRETE 220.4303.5307 264.45 1,005.45 108470 11/08/02 103305 ARLETTE TRUESDALE REF. PARK DEP-TRUESDALE 010.0000.4354 26.00 26.00 108471 11/08/02 087672 UNITED RENTALS LOG SPLITTER 220.4303.5552 60.62 60.62 108472 11/08/02 102007 VERIZON WIRELESS CELL PHONE-CM 010.4101.5403 90.69 90.69 108473 11/08/02 101866 VERIZON WIRELESS MESSAG PAGERS MONTHLY SVCS 010.4211.5403 22.63 108473 11/08/02 101866 VERIZON WIRELESS MESSAG PAGERS MONTHLY SVCS 010.4212.5403 11.31 108473 11/08/02 101866 VERIZON WIRELESS MESSAG PAGER SVCS-MIS 010.4140.5303 27.62 61.56 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 11/06/02 09:19 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108474 11/08/02 103313 CURTIS WETTER REF.C/B.DEP-WETTER 010.0000.2206 250.00 108474 11/08/02 103313 CURTIS WETTER SLOG. SUPER-WETTER 010.0000.4355 74.25- 175.75 108475 11/08/02 092274 STEVE WHITNEY REIMB.TIES 010.4211. 5272 55.66 55.66 108476 11/08/02 100431 WILLARD PAPER CO ENVELOPES/PAPER 010.4102.5255 392.21 108476 11/08/02 100431 WILLARD PAPER CO PAPER 010.4102.5255 203.78 595.99 108477 11/08/02 092586 LEE WILSON ELECTRIC COM SIGNAL MAINT-SEPT 010.4304.5303 1,338.75 1,338.75 108478 11/08/02 102197 MICHAEL ZIGELMAN MUSEUM OF TOLERANCE 010.4201.5501 171.00 171.00 TOTAL CHECKS 32,214.37 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 11/06/02 09:19 VOUCHER/CHECK REGISTER FOR PERIOD 18 FUNO TITLE AMOUNT 010 GENERAL FUND 20,146.45 220 STREETS FUND 5,098.58 284 REDEVELOPMENT AGENCY FUND 3,250.00 612 SEWER FUND 131.45 640 WATER FUND 3,587.89 TOTAL 32,214.37 ATTACHHENT 5 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 1 11/13/02 07;50 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER! CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER !\MOUNT !\MOUNT 67867 11/08/02 020124 VICKIE CARDOZA ADDT'L CHARGES-DISP.UPDATE 010.4201. 5501 39.91 39.91 108479 11/15/02 085176 3T EQUIPMENT CO HOSE GUIDE 612.4610.5610 64.99 64.99 108480 11/15/02 102803 A & S MOTORCYCLE PARTS, BATTERY TENDER 010.4201.5601 88.67 88.67 108481 11/15/02 100897 AMERICAN TEMPS BRADFORD sves 11(02 010.4130.5303 712.80 712.80 108482 11/15/02 102509 API WASTE SERVICES RID BIN-DUMP/RETURN sves. 010.4213.5303 250.00 108482 11/15/02 102509 API WASTE SERVICES RID BIN-DUMP/RETURN sves. 010.4213.5303 375.00 108482 11/15/02 102509 API WASTE SERVICES Rio BIN-DUMP/RETURN sves. 010.4213.5303 250.00 875.00 108483 11/15/02 006006 ARROYO GRANDE FLOWER SH FLOWERS 010.4201.5504 96 .52 96 .52 108484 11/15/02 009750 BRENDA BARROW REIMB HALLOWEEN SUPPLIES 010.4425.5255 47.12 108484 11/15/02 009750 BRENDA BARROW REIMB.OFFICE SUPPLIES 010.4424.5252 37.53 84.65 108485 11/15/02 011426 BLUEPRINT EXPRESS MAP REDUCTION 010.4130.5201 6.92 6.92 108486 11/15/02 10111 7 BRANCH STREET DELI MEETING SUPPLIES 010.4201.5504 50.41 50.41 108487 11/15/02 013026 BRISCO MILL & LUMBER TAIL GATE BOARD 010.4420.5605 15.02 108487 11/15/02 013026 BRISCO MILL & LUMBER FLOOD BULBS 010.4201.5604 37.46 108487 11/15/02 013026 BRISCO MILL & LUMBER STAPLER/PENCILS 220.4303.5273 47.59 100.07 108488 11/15/02 103320 CA.ST.AIR RESOURCES BOA REGIS~TINA SLUSHER(ARBj 010.4212.5501 75.00 75.00 108489 11/15/02 017500 CA.ST.DEPT.CONSUMER AFF RENEWAL-LINN 12/31/02-06 010.4301.5503 160.00 160.00 108490 11/15/02 103316 CBIZ GABB 34 INFRASTRUCT.SVCS 350.5404.7001 1,140.00 1,140.00 108491 11/15/02 103315 CENTRAL PRECAST CONCRET 12 TRASH CAN KEYS 010.4420.5605 109.71 109.71 108492 11/15/02 102664 BLAKE CHAFFEE REF.L/SCAPE BOND-660 PABEO 010.0000.2210 1,200.00 1,200.00 108493 11/15/02 102828 CHARTER COMMUNICATIONS MONTHLY CABLE SVCS~MODEM 010.4140.5303 189.85 189.85 108494 11/15/02 023088 CHERRY LANE NURSERY DONATED TREE SUPPLIES 010.4420.5605 231.60 108494 11/15/02 023088 CHERRY LANE NURSERY DONATED TREE SUPPLIES 010.4420.5308 364.92 108494 11/15/02 023088 CHERRY LANE NURSERY BL PINATA-FLORA 010.4420.5605 73.84 108494 11/15/02 023088 CHERRY LANE NURSERY LODGE POLES 010.4420.5605 10.70 108494 11/15/02 023088 CHERRY LANE NURSERY LODGE POLES 010.4420.5605 173.18 108494 11/15/02 023088 CHERRY LANE NURSERY LODGE POLES 010.4420.5605 173.17 108494 11/15/02 023088 CHERRY LANE NURSERY FLORA/POLES 010.4420.5605 164.80 108494 11/15/02 023088 CHERRY LANE NURSERY SNAIL BAIT 010.4420.5274 53.61 108494 11/15/02 023088 CHERRY LANE NURSERY PALM TREE/SAUCER 010 4420.5605 43.52 108494 11/15/02 023088 CHERRY LANE NURSERY OAK TREE 220.4303.5613 52.39 108494 11/15/02 023088 CHERRY LANE NURSERY GERANIUMS 010.4420.5605 68.60 108494 11/15/02 023088 CHERRY LANE NURSERY TREE TIES 010.4420.5605 95.45 1,505.78 108495 11/15/02 023400 ROBERT CHUBBUCK REIMB. FUEL 010.4201.5608 29.00 29.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 2 11/13/02 07:50 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108496 11/15/02 103300 CLEAN SWEEP JANITORIAL JANITORIAL SERVICES 010.4213.5303 2,655.00 2,655.00 108497 11/15/02 102723 COMMERCIAL MAINTENANCE AGFD CARPETS CLEANED 010.4213.5303 380.00 380.00 108498 11/15/02 026208 CREDIT BUREAU REPORTS, CREDIT REPORT 010.4201.5303 14.00 14.00 108499 11/15/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4421.5201 41.50 108499 11/15/02 026754 CRYSTAL SPRINGS WATER C BOTTLED WATER 010.4430.5605 15.75 57.25 108500 11/15/02 101569 CSMFO 2003 CSMFO DUES-SNODGRASS 010.4120.5503 100.00 100.00 108501 11/15/02 026832 CUESTA EQUIPMENT CO SMALL TOOLS 640.4712.5273 41. 00 108501 11/15/02 026832 CUESTA EQUIPMENT CO PIPE TAPE 640.4712.5610 33.16 108501 11/15/02 026832 CUESTA EQUI PMENT CO PVC SAWS 640.4712.5273 25.91 100.07 108502 11/15/02 027534 D. G. REPAIR TUNE-UP 010.4213 .5603 104.31 104.31 108503 11/15/02 102574 EARTHLINK,INC INTERNET SVCS OCT 21-NOV 20 010.4201. 5607 45.90 45.90 108504 11/15/02 033072 FARM SUPPLY CO. PRIMO MAXX 010.4420.5274 482.63 482.63 108505 11/15/02 035802 FRANK'S LOCK & KEY INC DUP KEYS 010.4420.5605 7.51 108505 11/15/02 035802 FRANK'S LOCK & KEY INC REKEY BACKFLOW LOCK 010.4420.5605 12.87 108505 11/15/02 035802 FRANK'S LOCK & KEY INC DUP.KEY/TAGS/RINGS 010.4201. 5601 8.15 108505 11/15/02 035802 FRANK'S LOCK & KEY INC DUP.KEYS/TAGS 010.4201.5601 65.96 94.49 108506 11/15/02 036738 GALL'S INC SUPPLIES-GTF/EXPLOERE TRAIN. 010.4201.5255 169.19 169.19 108507 11/15/02 101088 HANSON AGGREGATES ASPHALT 220.4303.5613 456.43 456.43 108508 11/15/02 041184 HEACOCK WELDING NORTH BACK FLOW STEEL 010.4420.5605 38.29 38.29 108509 11/15/02 042354 HI STANDARD AUTOMOTIVE LIGHT BAR 010.4201.5601 934.37 108509 11/15/02 042354 HI STANDARD AUTOMOTIVE DASH LIGHTS/BRACKET 010.4201.5601 320.80 1,255.17 108510 11/15/02 042862 HONEYWELL, INC. REPR.GAS VALVE 010.4213.5303 134.25 134.25 108511 11/15/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4120.5201 168.80 108511 11/15/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4120.5201 54.95 108511 11/15/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4120.5201 21.91 108511 11/15/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4130.5201 16.00- 108511 11/15/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4130.5201 48.47 108511 11/15/02 102701 INDOFF, INC. OFFICE SUPPLIES 010.4301. 5201 96.48 108511 11/15/02 102701 INDOFF,INC. OFFICE SUPPLIES 010.4130.5201 35.37 409.98 108512 11/15/02 044496 INFORMATION SERVICES DAS SVCS 10/1-10/11 010.4140.5303 3,077.60 3,077.60 108513 11/15/02 045162 INTL CONF OF BUILDING 0 BLDG. CODE BOOKS 010.4212.5255 156.80 156.80 108514 11/15/02 046098 J C LANDSCAPING LANDSCAPE MAINT. 010.4420.5303 562.50 108514 11/15/02 046098 J C LANDSCAPING LANDSCAPE MAINT. 350.5515.7001 187.50 750.00 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 3 11/13/02 07:50 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER N1\ME DESCRIPTION NUMBER 1\MOUNT AMOUNT 108515 11/15/02 046410 J.W.ENTERPRISES TOILET RENTAL 220.4303.5552 91.73 91.73 108516 11/15/02 103318 GARY JARRETT REF.L/SCAPE BOND-360 ZOGATA 010.0000.2210 1,200.00 1,200.00 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST PW4 220.4303.5601 33.75 1085H 11/~5/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST P5 010.4430.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST P901 010.4430.5601 33.75 108517 n/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST PD971 010.4201.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST 962 010.4201. 5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST 981 010.4201.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST PW25 220.4303.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST P20 010.4420.5601 33.75 108517 11/15/02 103302 KAurz CHEVRON SERVICE SMOG TEST M401 01Q.4213.5603 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST PW36 010.4305.5601 33.75 108517 11/15J02 103302 KAUTZ CHEVRON SERVICE SMOG TEST 931 010.4201.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST pW953 010.4301.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST PW42 640.4712.5601 33.75 108517 11/15/02 103302 KAUTZ CHEVRON SERVICE SMOG TEST PW24 640.4712.5601 33.75 472 .50 108518 11/15/02 102653 KC' S CLEANING CLEANING SVCS-AGPD 01G .42l3 .6401 375.00 375.00 108519 11/15/02 048438 KEY TERMITE & PEST CONT QUARTLEY FEST CONTROL SVCS. 010.4201. 5604 40.00 40.00 108520 11/15/02 048516 KEYLOCK SECURITY SPECIA DUP.KEYS 010.4201.5604 99.48 99.48 108521 11/15/02 101999 MAINLINE UTILITY CO. VIDEO INSPECT-HAUSNA 612.4610.5610 300.00 300.00 108522 11/15/02 100968 MAXIMUS PROF. SVCS 010.4145.5303 750.00 750.00 108523 11/15/02 053820 MC CARTHY STEEL !NC PIPE 010.4211. 5603 54.87 108523 n/1S/02 053820 MC CARTHY STEEL INC BACKFLOWS 010.4420.5605 65.21 120.0B 108524 11/15/02 056394 MIDAS MUFFLER & BRAKE LUBE/OIL/FILTER 010.4305.5601 155.29 155.29 108525 11/15/02 056940 MIER BROS. CONCRETE 640.4712.5610 43.44 108525 11/15/02 056940 MIER BROS. SOD 220.4303.5613 37.54 108525 11/15/02 056940 MIER BROS. FOREST BLEND 010.4420.5605 27.89 108525 n/1S!C2 056940 MIER BROS. FOREST BLEND 010 4420.5605 27.89 108525 11/15/02 056940 MIER BROS. CONCRETE 640.4712.5610 43.44 108525 11/15/02 056940 MIER BROS. CONCRETE 640.4712.5610 43.44 108525 11/15/02 056940 MIER BROS. CONCRETE 220 4303.5613 90.73 108525 11/15/02 056940 MIER BROS. CONCRETE 640.4712.5610 68 53 382.90 108527 11/15/02 057096 MINER'S ACE HARDWARE LIGHT BULB 010.4213.5604 8.57 108527 11/15/G2 057096 MINER'S ACE HARDWARE WRENCH/BATTERIES/LIGHT BULBS 010.4430.5605 94.66 108527 11/15/02 057096 MINER'S ACE HARDWARE SPRAY ADHESIVE 010.4430.5605 10 71 108527 11/15/02 057096 MINER'S ACE HARDWARE BATTERIES/DRAIN CLEANER 640.4712.5255 39.09 108527 11/15/02 057096 MINER'S ACE HARDWARE SPRAY PAINT 010.4420.5605 8.56 108527 11/15/02 057096 MINER'S ACE HARDWARE PLIERS/HAMMER 010.4420.5273 33.23 108527 11/15/02 057096 MINER'S ACE HARDWARE PRIMER/SPRAY PAINT 010.4420 5605 14.97 108527 11/15/02 057096 MINER'S ACE HARDWARE BLOG.MATERIAL 010.4213.5604 3.21 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 4 n/13/02 07:50 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER N/\ME DESCRIPTION NUMBER /\MOUNT /\MOUNT 108527 11/15}02 057096 MINER'S ACE HARDWARE T. P. DISPENSER 010.4213.5604 1.05 108527 11/15/02 057096 MINER'S ACE HARDWARE LUMBER/NAILS 640.4712.5610 4 44 108527 11/15/02 057096 MINER'S ACE HARDWARE FASTENERS 010.4420.5603 8.60 108527 11/15/02 057096 MINER'S ACE HARDWARE METAL BUCKET/PAINT PAILS 640.4712.5255 5 12 108527 11/15/02 057096 MINER'S ACE HARDWARE BATTERY/BUG SPRAY 640.4712.5255 15.32 108527 11/15/02 057096 MINER'S ACE HARDWARE PARTS C}l0.4420.560S 17.14 108527 11/15/02 057096 MINER'S ACE HARDWARE POLY TARP 640.4712.5604 6 42 108527 11/15/02 057096 MINER'S ACE HARDWARE NUTS/BOLTS/WASHERS 640.4712.5610 10 21 108527 11/15/02 057096 MINER'S ACE HARDWARE EPOXY 640.4712.5610 8 56 108527 11/15/02 057096 MINER'S ACE HARDWARE ELBOW 640.4712.5604 1 92 108527 11/15}02 057096 MINER'S ACE HARDWARE BRACKETS/SCREWS 640.4712.5604 2 50 294.28 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 UB. S4 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 220.4303.5143 144.06 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/T~ELS 640.4712.5143 73.75 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 612.4610.5143 83.02 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4420.5143 135.37 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 1l.40 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 5.00 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 28.48 108528 11/15/02 057252 MISSION UNIFORM SERVICE UNIFORMS/MATS/TOWELS 010.4213.5303 32 64 632.26 108529 11/15/02 061814 NOBLE SAW, INC. 2.5 MIX 220.4303.5603 71 22 108529 11h5/02 061814 NOBLE SAW, INC. GREASE/FOLDING SAW 220.4303.5603 86.93 108529 11/15/02 061814 NOBLE SAW, INC. PARTS/CHAINS 220.4303.5603 94.38 258.53 108530 11/15/02 101750 OFFICEMAX CREDIT PLAN OFFICE SUPPLIES 010.4201.5201 75.45 75.45 108531 11/15/02 102995 PACIFIC BELL/WORLDCOM PHONE 021-2713 010.4145.5403 293.44 293.44 108532 11/15/02 064194 PACIFIC GAS & ELECTRIC ELECTRIC 010.4304.5402 15,033.95 15,033.95 108533 11/15{02 103154 PLATINUM PLUS FOR BUSIN ORAL BOARD SUPPLIES 010.4201.5501 28.31 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN GROUND COVER 010.4201.5605 58 87 108533 11/15/02 103154 PLATINUM PLUS FOR 8USIN COPS N KIDS MEETING 010.4201.5504 26.12 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN HARVEST FESTIVAL SUPPLIES 010.4201.5255 21. 35 108533 11/15(02 103154 PLATINUM PLUS FOR BUSIN GASOLINE 010.4201.5608 64.30 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN SRT SUPPLIES 010.4201.5272 318 00 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN SHELVES 010.4201.5604 151 70 108533 11/15/02 103154. PLATINUM PLUS FOR BUSIN OFFICE SUPPLIES 010.4201.5201 376.20 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN CAC MEETING SUPPLIES 010.4201. 5504 38 85 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN CNOA TRAINING-BEATTIE 010.4201.5501 355.00 108533 11/15(02 103154 PLATINUM PLUS FOR BUSIN GASOLINE 010.4201.5608 18 56 108533 11/15(02 103154 PLATINUM PLUS FOR BUSIN TRAVEL EXPENSES 010.4201.5501 655.45 108533 11/15/02 103154 PLATINUM PLUS FOR BUSIN COPS N KIDS MEETING 010.4201.5504 56.08 108533 11/15(02 103154 PLATINUM PLUS FOR BUSIN CAC MEETING SUPPLIES 010.4201.5504 179 37 2,348.16 108534 11/15/02 069120 R.H.F.INC. REPR.MPH PHYTHON 010.4201.5603 66.40 66.40 108535 11/15/02 100192 SAN LUIS MAILING SVC OCT.WATER BILLING 640.4710.5201 938.37 938.31 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 5 11/13/02 07:50 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108536 11/15/02 075130 SAN LUIS OBISPO CNTY.NE LEGAL 5727797 010.4130.5301 92 .02 92.02 108537 11/15/02 077142 JOYCE SARUWATARI REIMB.CRAFT SUPPLIES 010.4423.5253 83.25 83.25 108538 11/15/02 077532 ALLEN SCHOFIELD ELECTRI DE-ENERGIZE ELECT. VEHICLE 010.4213.5303 97.50 108538 11/15/02 077532 ALLEN SCHOFIELD ELECTRI REPR TENNIS COURT LIGHT POLE 010.4213.5303 195.00 108538 11/15/02 077532 ALLEN SCHOFIELD ELECTRI REPR BALLAST-TENNIS COURT 010.4213 .5303 1,330.46 108538 11/15/02 077532 ALLEN SCHOFIELD ELECTRI REPR. TENNIS COURT BALLAST 010.4213.5303 921.53 2,544.49 108539 11/15/02 074412 SLO CNTY DEPT. ENGINEERS NOYES ROAD PAVE 350.5654.7001 15,000.00 15,000.00 108540 11/15/02 080340 SNAP-ON TOOLS CORP MOWER TOOL 010.4420.5603 29.76 29.76 108541 11/15/02 080886 SOUTHERN AUTO SUPPLY TIE DOWN 010.4201.5601 2.51 108541 11/15/02 080886 SOUTHERN AUTO SUPPLY FIRE EXTINGUISHER 010.4201.5601 24.62 108541 11/15/02 080886 SOUTHERN AUTO SUPPLY FIRE EXTINGUISHER 010.4201.5601 24.61 108541 11/15/02 080886 SOUTHERN AUTO SUPPLY FLOOR MATS 010.4201.5601 25.73 108541 11/15/02 080886 SOUTHERN AUTO SUPPLY BACK UP ALARM 010.4420.5601 43.92 108541 11/15/02 080886 SOUTHERN AUTO SUPPLY CR:LAMP 010.4211.5601 9.80- 111.59 108542 11/15/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 171.21 108542 11/15/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 37.48 108542 11/15/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 35.99 108542 11/15/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 84 22 108542 11/15/02 080964 SOUTHERN CALIFORNIA GAS GAS SERVICES 010.4145.5401 45.66 374.56 108543 11/15/02 082134 STATEWIDE SAFETY & SIGN HIKING TRAIL SIGNS 010.4420.5605 35.92 35.92 108544 11/15/02 102376 MICHELE STEARNS BANK PROG.SUPPLIES 010.4201.5255 16.08 108544 11/15/02 102376 MICHELE STEARNS REIMB.SUPPLIES 010.4201.5504 80.15 96 .23 108545 11/15/02 082328 STERLING COMMUNICATIONS STARTAC 010.4201.5606 116.90 108545 11/15/02 082328 STERLING COMMUNICATIONS EQUIPMENT 010.4201.5601 854.79 108545 11/15/02 082328 STERLING COMMUNICATIONS INSTL ROTARY SWITCH/WIRE 010.4201.5601 94.77 108545 11/15/02 082328 STERLING COMMUNICATIONS INSTL REG/BLUE SHOE LIGHT 010.4201.5601 295.04 108545 11/15/02 082328 STERLING COMMUNICATIONS INSTL RED/BLUE LIGHT/CHARGER 010.4201.5601 371.33 108545 11/15/02 082328 STERLING COMMUNICATIONS STARTAC CHARGER 010.4201. 5606 75.29 108545 11/15/02 082328 STERLING COMMUNICATIONS STUFFY ANTENNAS 010.4201.5606 32.18 108545 11/15/02 082328 STERLING COMMUNICATIONS INVEST. RADIO PROBLEMS 612.4610.5603 43.00 108545 11/15/02 082328 STERLING COMMUNICATIONS INVEST RADIO PROBLEMS 640.4712.5603 43.00 108545 11/15/02 082328 STERLING COMMUNICATIONS INVEST. RADIO PROBLEMS 220.4303.5603 43.00 1,969.30 108546 11/15/02 084084 TAYLOR'S TUNE-UP SHOP TUNE UP 010.4201.5601 173.16 108546 11/15/02 084084 TAYLOR'S TUNE-UP SHOP PLUG WIRES 010.4201.5601 122.71 295.87 108547 11/15/02 102244 TITAN INDUSTRIAL EXAM GLOVES 010.4201.5272 300.30 300.30 108548 11/15/02 085644 TOSTE GRADING & PAVING TACK OIL 220.4303.5613 135.00 135.00 108549 11/15/02 088084 UNITED GREEN MARK,INC. SPRINKLER PARTS 010.4430.5605 86.36 108549 11/15/02 088084 UNITED GREEN MARK, INC. SPRINKLER PARTS 010.4420.5605 8.24 ATTACH!o\EHT (3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 10/25/02 - 11/07/02 11/15/02 FUND 010 255,222.67 Salaries Full time 158,330.52 FUND 220 13,175.30 Salaries Part-Time - PPT 16,854.54 FUND 284 4,610.08 Salaries Part-Time - TPT 8,682.82 FUND 612 4,528.22 Salaries OverTime 12.039.06 FUND 640 11,361.13 Salaries Standby 361.50 288,897.40 Holiday Pay 871.49 Sick Pay 2,417.31 Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - Vacation Pay 14,007.06 Comp Pay 7,738.29 Annual Leave Pay 4,073.28 PERS Retirement 18,051.29 Social Security 15.611.87 PARS Retirement 292.61 State Disability Ins. 694.27 Health Insurance 22,140.20 Dental Insurance 3,657.21 Vision Insurance 817.78 Life Insurance 686.80 Long Term Disability 913.98 Uniform Allowance - Car Allowance 400.00 Council Expense Employee Assistance 155.52 Boot Allowance - Motor Pay 100.00 - 288,897.40 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 6 11/13/02 07:50 VOUCHER/CHECK REGISTER FOR PERIOD 18 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 108549 11/15/02 088084 UNITED GREEN MARK,INC. STATION CONTROLLER 010.4420.5605 62.41 108549 11/15/02 088084 UNITED GREEN MARK, INC. SPRINKLER REPR PARTS 010.4420.5605 13 .55 108549 11/15/02 088084 UNITED GREEN MARK,INC. SPRINKLER REPR PARTS 010.4420.5605 155.84 108549 11/15/02 088084 UNITED GREEN MARK,INC. BREAK REAIR 010.4430.5605 67.22 393.62 108550 11/15/02 087672 UNITED RENTALS RENTAL-TRACTOR 010.4420.5552 164.69 108550 11/15/02 087672 UNITED RENTALS RENTAL-PRESSURE WASHERS 010.4420.5552 47.41 212.10 108551 11/15/02 090480 WAYNE'S TIRE HOOD SHOCK 010.4301.5601 85.33 85.33 108552 11/15/02 091026 WEST GROUP PAYMENT CTR. CA.CODES/CDROM SUB 010.4003.5503 175.90 175.90 108553 11/15/02 092976 WITMER-TYSON IMPORTS K-9 TRAINING-SEPT 010.4201.5322 135.00 135.00 108554 11/15/02 103317 MARGARET ZENDER REF.O/CHARGE-FINGERPRINTS 010.4201.5329 32.00 32.00 TOTAL CHECKS 63,040.70 VOUCHRE2 CITY OF ARROYO GRANDE PAGE 7 11/13/02 07:50 VOUCHER/CHECK REGISTER FOR PERIOD 18 FUND TITLE AMOUNT 010 GENERAL FUND 43,282.57 220 STREETS FUND 1,424.50 350 CAPITAL IMPROVEMENT FUND 16,327.50 612 SEWER FUND 491. 01 640 WATER FUND 1,515.12 TOTAL 63,040.70 B.c. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: ADJUSTMENT TO EMPLOYEE MEDICAL INSURANCE BENEFITS DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council adopt six (6) separate resolutions amending City participation in the CalPERS medical insurance program. FUNDING: It is estimated the cost impact for FY 2002-03 will be $68,000 and the total calendar year cost impact will be up to $136,000, Additional appropriations are not required to fund these increases, as the FY 02-03 Annual Budget was drafted to include an anticipated rate increase. DISCUSSION: The City currently participates in the CalPERS medical insurance program to provide medical insurance benefits to its employees. The program includes a number of medical insurance plan options for participants. Up until last year, the City paid an amount equal to the Health Net health maintenance organization (HMO) premiums, with the employee responsible for the cost difference between Health Net and the other plans. In January 2001 Lifeguard HMO insurance was withdrawn as a CalPERS provider and Health Net excluded new enrollments. Because HMO plans were not available to the Lifeguard participants, a temporary agreement was drafted whereby the City would contribute specific amounts for single coverage ($233,01), two-party coverage ($466.02) and family coverage ($605.43). These amounts allowed the Lifeguard participants to continue at the same level of employee contributions on the PERS Choice plan (a preferred provider organization) as was made under the Lifeguard plan. In order for these changes to be consistent with the existing Memorandums of Understanding (MOU) with AGPOA and SEIU, Letters of Agreement with the two unions were ratified. These agreements stipulated that when enrollment in an HMO became available, the terms of the MOUs would revert back to the prior coverage. -- -- CITY COUNCIL ADJUSTMENT TO EMPLOYEE MEDICAL INSURANCE BENEFITS NOVEMBER 26, 2002 PAGE 2 CalPERS is offering one HMO and four PPO plans for calendar year 2003. Because employees are no longer excluded from HMO coverage, the MOUs revert to the prior coverage, and the City will now contribute amounts equal to the Blue Shield HMO rate. In order to implement these changes, amendments to the PERS medical insurance resolutions must be made. There are six such resolutions for PERS medical insurance, which require separate actions for management, AGPOA, SEIU, unrepresented, elected officials not covered by PERS retirement, and elected officials covered by PERS retirement. These resolutions are attached for City Council consideration and approval is respectfully recommended, ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendation; - Modify and approve staffs recommendation; - Do not approve staffs recommendation; - Provide staff direction. ~--- ------ RESOLUTION NO. - A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF ARROYO ESTABLISHING THE CITY'S CONTRIBUTION TOWARD HEALTH CARE COVERAGE FOR MEMBERS OF THE ARROYO GRANDE ELECTED OFFICIALS' GROUP WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a local agency contracting under the Act for participation by members of the Arroyo Grande Elected Officials' Group. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: That the employer's contribution for each employee shall be the amount necessary to pay the full cost of hislher enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of Blue Shield Health Maintenance Organization (HMO) rate per month, plus administrative fees and Contingency Reserve Fund assessments. 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 ,2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CiTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCiL OF THE CITY OF ARROYO ESTABLISHING THE CITY'S CONTRIBUTION TOWARD HEALTH CARE COVERAGE FOR MEMBERS OF THE ARROYO GRANDE ELECTED OFFICIALS' GROUP WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employers contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Arroyo Grande, hereinafter referred to as Special District is a local agency contracting under the Act for participation by members of the Arroyo Grande Elected Officials' Group. NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: That the employer's contribution for each employee shall be the amount necessary to pay the full cost of hislher enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of Blue Shield Health Maintenance Organization (HMO) rate per month, plus administrative fees and Contingency Reserve Fund assessments. 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 ,2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHiNG THE CITY'S CONTRIBUTiON TOWARD HEAL TH CARE COVERAGE FOR MEMBERS OF THE ARROYO GRANDE MANAGEMENT GROUP WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a local agency contracting under the Act for participation by members of the Arroyo Grande Management Group. NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: That the employer's contribution for each employee shall be the amount necessary to pay the full cost of hislher enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of Blue Shield Health Maintenance Organization (HMO) rate per month, plus administrative fees and Contingency Reserve Fund assessments. 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 ,2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DiRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ._----~----_.._.....- RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE CITY'S CONTRIBUTION TOWARD HEALTH CARE COVERAGE FOR MEMBERS OF THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a local agency contracting under the Act for participation by members of the Arroyo Grande Police Officers Association. NOW, THEREFORE, THE CITY COUNCiL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: That the employer's contribution for each employee shall be the amount necessary to pay the full cost of hislher enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of Blue Shield Health Maintenance Organization (HMO) rate per month, plus administrative fees and Contingency Reserve Fund assessments. 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 ,2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS. CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE CITY'S CONTRIBUTiON TOWARD HEALTH CARE COVERAGE FOR MEMBERS OF THE ARROYO GRANDE CHAPTER OF THE SERVICE EMPLOYEES INTERNATIONAL UNION - LOCAL 620 WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a local agency contracting under the Act for participation by members of the Arroyo Grande Chapter of the Service Employees International Union - Local 620. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: That the employer's contribution for each employee shall be the amount necessary to pay the full cost of hislher enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of Blue Shield Health Maintenance Organization (HMO) rate per month, plus administrative fees and Contingency Reserve Fund assessments. 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 ,2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE CITY'S CONTRIBUTION TOWARD HEALTH CARE COVERAGE FOR UNREPRESENTED MEMBERS' GROUP WHEREAS, Government Code Section 22825.6 provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22825 of the Act; and WHEREAS, Government Code Section 22857 provides that a contracting agency may fix the amount of the employer's contribution for employees and the employer's contribution for annuitants at different amounts provided that the monthly contribution for annuitants shall be annually increased by an amount not less than 5 percent of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, The City of Arroyo Grande, hereinafter referred to as Public Agency is a local agency contracting under the Act for participation by unrepresented members' group. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: That the employer's contribution for each employee shall be the amount necessary to pay the fun cost of hislher enrollment, including the enrollment of his/her family members in a health benefits plan up to a maximum of Blue Shield Health Maintenance Organization (HMO) rate per month, plus administrative fees and Contingency Reserve Fund assessments. 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 ,2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMiNISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CiTY ATTORNEY a.b. MEMORANDUM TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~ SUBJECT: CASH FLOW ANAL YSIS/APPROVAL OF INTERFUND ADVANCES FROM THE WATER FACILITY FUND DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council: . Accept the October 2002 cash report, . Approve the interfund advance of $68,245 from the Water Facility Fund to cover cash deficits in other funds as of September 30, 2002. FUNDING: No outside funding is required. Attachment A - Cash Balance/lnterfund Advance Report ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE / INTERFUND ADVANCE REPORT At October 31, 2002 Balance at Recommended Revised Fund 10/31/02 Advances Balance 010 General Fund 1,633,725 1,633.725 210 Fire Protection Impact Fees 155,127 155.127 212 Police Protection Impact Fees 28,507 28.507 213 Park Development 459,574 459,574 214 Park Improvement 67.770 67,770 215 Recreation Community Center 5,611 5,611 217 Landscape Maintenance 29,727 29,727 220 Street (Gas Tax) Fund 141,683 141,683 221 Traffic Congestion Relief 40,161 40,161 222 Traffic Signalization 422,391 422,391 223 Traffic Circnlation 479.886 479,886 224 Transportation Facility Impact 1,763.256 1.763,256 225 Transportation (15,101) 15,101 0 226 Water Nentralization Impact 621,858 621,858 230 Construction Tax 254,708 254,708 231 Drainage Facility 25,676 25,676 232 In-Lieu Affordable Housing 779.797 779.797 241 Lopez Facility Fund 1.002,550 1,002,550 250 CDBG Fund (16.395) 16,395 (0) 271 State COPS Block Grant Fund 103,133 103.133 272 Calif. Law Enf. Technology Grant 36,254 36,254 279 00-01 Fed Local Law Enforcement Grant 1,519 1.519 284 Redevelopment Agency (36,749) 36,749 0 285 Redevelopment Set Aside 68,439 68,439 350 Capital Projects 269,175 269.175 612 Sewer Fund 35,714 35.714 634 Sewer Facility 169,475 169,475 640 Water Fund 2,856,241 2.856,241 641 Lopez 320,519 320,519 642 Water Facility 1.161,105 (68,245) 1,092.860 751 Downtown Parking 44.112 44.112 760 Sanitation District Fund 78,447 78,447 Total City Wide Cash 12,987,895 0 12,987,895 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF OCTOBER 31, 2002 ~ B.e. MEMORANDUM TO: CITY COUNCIL RICK TerBORCH, CHIEF OF POLICE ~ FROM: SUBJECT: PARTICIPATION IN THE FY 2002-03 CALIFORNIA LAW ENFORCEMENT EQUIPMENT PURCHASE (CLEEP) PROGRAM DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended that the City Council approve the expenditure of $17,700 as authorized by the State for acquisition of enhanced technology and other equipment under the FY 2002-03 California Law Enforcement Equipment Purchase (CLEEP) Program. FUNDING: There is no General Fund impact. These expenditures involve $17,700 received by the City under the CLEEP Program for FY 2002-03. DISCUSSION: As part of the FY 2002-03 State Budget, funding was included for the California Law Enforcement Equipment Purchase (CLEEP) Program. This is a continuation of the California Law Enforcement Technology Equipment Purchase (CLETEP) Program originated in the State's FY 1999-2000 Budget. Under the CLEEP Program funding is allocated to local law enforcement agencies forthe acquisition of enhanced technology and other equipment. These funds must be used to augment local law enforcement operations and may not be used to supplant existing funding for the acquisition of the requested technology and equipment. As with the State Citizens Option for Public Safety Program (COPS), the State's regulations governing CLEEP funds require that the funds be appropriated pursuant to written requests from the Chief of Police. The City Council must consider these requests separate and apart from the Police Department's General Fund Budget. Additionally, the City must establish a separate interest bearing fund to record the receipt and expenditures of monies received pursuant to this program (Fund 272). However, unlike the State COPS Program, a public hearing is not required prior to appropriation and expenditure of the funds. The State Department of Finance has indicated that cities will be receiving the CLEEP funds by the end of this month. --.- .. RECOMMENDED EXPENDITURES: The Chief of Police has recommended that the FY 2002-03 CLEEP funds be used for the acquisition of the following enhanced technology programs and other equipment. 1. CHILD PHOTO AND KID PRINT ID CARD SYSTEM $10,300 This past year, there have been numerous incidents across the nation involving child abductions. Several of these cases resulted in tragic endings. As a result, the Police Department has received numerous requests to conduct "Kid Print" programs, involving photographing and fingerprinting children for their parents. These programs are labor intensive and the fingerprinting process is often difficult and messy due to the printing of young, fidgety children with small fingers. The Camarillo Police Department in Ventura County, in conjunction with G Card Integrators, developed an automated photographic and printing system which provides fast, accurate photos and prints on a durable plastic identification type card. This system was recently demonstrated at the Cop-N-Kids Field Day at Soto Sports Complex. Over 800 kid print cards were made and the system was very well received by the parents and children who utilized it. The Police Department now proposes to purchase the G Card Integrators Photo ID System with Kid Print Layout and Missing Child Report System. As a side benefit, the system can make identification cards for other City applications. The system is portable, utilizing a laptop computer, and can easily be set up at community events, schools, etc. The system will be staffed by Community Services Officers and CAP volunteers, The Child Photo and Kid Print ID Card System is composed of Easy Badge Kid Print System, Digital Live Video Camera and associated equipment, Holopass Fingerprint Scanner and a Dual Side Card Printer plus plastic card supplies. The system will utilize a laptop computer currently owned by the Police Department. 2. HIGH SPEED VOICE CASSETTE TAPE DUPLICATOR SYSTEM $2,000 There is a need to purchase a Saul Mineroff Electronics (SME) 9000 MFD High Speed Tape Duplicator System. The Police Department is routinely requested by the District Attorney's Office and defense attorneys pursuant to discovery orders, to provide copies of voice cassette tapes containing victim and suspect interviews. Currently, these tapes are duplicated in real time and the duplication of tapes involved in one investigation can take three (3) or four (4) hours. The high speed duplicator can accomplish the same task in 20 to 30 minutes (eight times normal speed). The SME 9000 MFD High Speed Duplicator duplicates both standard and micro cassettes and contains synchronization circuitry which meets court requirements for accuracy of duplication of the tapes. This system is the sole- source system for Federal law enforcement agencies and the Division of Law Enforcement, California Department of Justice. 3. PORTABLE PUBLIC ADDRESS SYSTEM $1,400 The Police Department has a need to purchase a heavy duty portable public address system. The Department frequently gives presentations before groups at facilities, which either do not have or possess minimal public address systems, These include DARE graduations, Red Ribbon events, Santa Cop, Neighborhood Watch meetings, Citizen, Business and Teen Academies, Cops-N-Kids Field Day, Strawberry and Harvest Festivals, etc. The Police Department proposes purchasing the Magnavox Portable PA System -2- ---- Athletic Package. This system includes the PA system, speaker stands, handheld wireless microphone and a wireless lapel microphone. The use of the wireless microphone is especially useful when making presentations before groups involving demonstrations. 4. E-Z UP SHADE $900 The Police Department participates in several outdoor events each year which involve static displays. There is a need to purchase an E-Z Up 10 X 10 shade cover (with sides) to provide a protective cover from the sun for personnel staffing these displays. 5. UPGRADE IMPACT WEAPON SYSTEM $1,000 The Department currently possesses "bean bag" impact rounds for 12 gauge shotguns. However, the Department currently utilizes standard shotguns for these rounds. As experienced by several other jurisdictions, there is a real danger in using impact rounds in the standard issue shotguns due to the potential of accidentally mixing live shotgun rounds into the shotguns. The Department proposes purchasing two (2) Remington 870 shotguns with special markings/coloring which designate them for impact round use only. The purchase also includes the newer more reliable 23 DS DMG Stabilized Impact Rounds. These rounds meet the new Federal standards for impact rounds. The older rounds did not have consistent velocities which could potentially result in accuracy problems and either ineffective results due to low velocities or severe injuries due to increased velocities over the standard specifications. It should be noted the Police Department currently has POST certified instructors for these weapons. 6. PEPPER BALL LESS THAN LETHAL WEAPONS SYSTEM $2,100 The Police Department currently possesses a variety of less than lethal weapon systems. Each of these systems is effective in particular applications. The Pepper Ball system adds greater flexibility to the Department's less than lethal weapons capabilities. The system uses a combination of powdered PAVA (capsaicin-II), kinetic impact and psychological shock to temporarily incapacitate a resisting subject. This allows police personnel to subdue a subject with minimal risk for injury to either the police officer or the subject. The system is effective from 0 to 100 feet, and there have been no recorded injuries or fatalities from use of the weapon to date. The system is very effective on highly agitated subjects or on subjects armed with cutting instruments and blunt trauma force (club type) weapons. The system is also very effective in dealing with unruly crowds. This purchase will involve two launchers, cases for the launchers, as well as the pepper ball projectiles. Also included are inert training projectiles. As with the Impact Weapon system above, the Department currently has a certified instructor for the Pepper Ball system. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations; - Do not approve staffs recommendations; or - Modify as appropriate and approve staffs recommendations. -3- --- ~-_.- -------- 8.d. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 12, 2002 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Lady called the meeting to order at 6:18 p.m. Council Members Runels and Lubin and City Attorney Carmel were present. 2. PUBLIC COMMENT: None. (Council Member Dickens arrived after Public Comment and prior to Closed Session.) 3. CITY COUNCIL CLOSED SESSION: (Council Member Ferrara arrived at 6:30 p.m. during Item 3a.) a, PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Manager (City Manager Adams and Community Development Director Rob Strong arrived at 6:50 p.m. for Item 3b.) b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code Section 54956.9(b) involving one (1) potential case. 4. RECONVENE TO OPEN SESSION: Mayor Lady announced that there was no reportable action from the Closed Session. S. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 7:04 p.m. MINUTES OF CITY COUNCIL SPECIAL MEETING TUESDAY, NOVEMBER 12, 2002 - 6:18 P.M. PAGE TWO Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Servicesl Deputy City Clerk MiNUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 12, 2002 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council/Redevelopment Agency meeting to order at 7:10 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels, and Mayor Lady were present. RDA: Board Members Dickens, Ferrara, Lubin, Vice Chair Runels, and Chair Lady were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Building and Fire Fibich, Director of Financial Services Snodgrass, and Director of Community Development Strong. 3. FLAG SALUTE Wayne Dempster, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Rabbi Norman Mendel, Congregation Beth David, San Luis Obispo, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Ferrara moved, Mayor Pro Tem Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS None. CITY COUNCIL MINUTES NOVEMBER 12, 2002 PAGE 2 8. CONSENT AGENDA Mayor Pro Tem Runels pulled Items 8.d. and 8.j, for clarification and discussion. Council Member Lubin requested that Item 8.h. be pulled for separate roll-call vote and announced he would not participate on the item due to a conflict of interest. Mayor Pro Tem Runels moved, and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8,1., with the exception of Items 8.d., 8.h., and 8.j., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period October 16, 2002 through October 31,2002. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of October 31,2002, 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of October 22,2002 as submitted. 8.e. Consideration of Lot Line Adjustment Case No. 02-004; Northwest Corner of Courtland Street and East Grand Avenue; Applicant - Pacific Harbor Homes, Larry Persons. Action: Adopted Resolution No. 3625 approving Lot Line Adjustment Case No, 02-004, 8.f. Consideration of Proposed Addendum to SEIR Consultant Contract with Rincon Consultants for Vesting Tentative Tract Map 01-001; Planned Unit Development 01-001 (Tract 1998) - Castlerock Development. Action: Approved a contract addendum to the scope of work and budget for the Vesting Tentative Tract Map/Planned Unit Development SEIR. 8.g. Consideration of Authorization to Refund Application Fees for Watershed Education Fair and Creek Clean-up Day. Action: Refunded Temporary Use Permit Fee of $105 to Central Coast Salmon Enhancement, Inc. 8.1. Consideration of Authorization to Solicit Bids for the Spruce and Cedar Streets Sidewalks Project, PW-2002-05. Action: 1) Approved the plans and specifications for the Spruce and Cedar Streets Sidewalks project; and, 2) Authorized the Public Works Department to CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 2 a. CONSENT AGENDA Mayor Pro Tem Runels pulled Items 8.d. and 8.j. for clarification and discussion. Council Member Lubin requested that Item 8.h. be pulled for separate roll-call vote and announced he would not participate on the item due to a conflict of interest. Mayor Pro Tem Runels moved, and Council Member Lubin seconded the motion to approve Consent Agenda Items 8,a. through 8.1., with the exception of Items 8.d., 8.h., and 8.j., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period October 16, 2002 through October 31,2002. a.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of October 31,2002, a.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of October 22,2002 as submitted. a.e. Consideration of Lot Line Adjustment Case No. 02-004; Northwest Corner of Courtland Street and East Grand Avenue; Applicant - Pacific Harbor Homes, Larry Persons. Action: Adopted Resolution No. 3625 approving Lot Line Adjustment Case No. 02-004. 8.f. Consideration of Proposed Addendum to SEIR Consultant Contract with Rincon Consultants for Vesting Tentative Tract Map 01-001; Planned Unit Development 01-001 (Tract 1998) - Castle rock Development. Action: Approved a contract addendum to the scope of work and budget for the Vesting Tentative Tract Map/Planned Unit Development SEIR. a.g. Consideration of Authorization to Refund Application Fees for Watershed Education Fair and Creek Clean-up Day. Action: Refunded Temporary Use Permit Fee of $105 to Central Coast Salmon Enhancement, Inc. a.i. Consideration of Authorization to Solicit Bids for the Spruce and Cedar Streets Sidewalks Project, PW-2002-05. Action: 1) Approved the plans and specifications for the Spruce and Cedar Streets Sidewalks project; and, 2) Authorized the Public Works Department to --'~ CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 3 solicit public construction bids for the Spruce and Cedar Streets Sidewalks project. On the following roll-call vote, to wit: AYES: Runels, Lubin, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. S.d. Consideration of Authorization to Issue Request For Proposal (RFP): Architectural and Engineering Work Related to the Fire Station Expansion Project. Recommended Action: Authorize the distribution of Request for Proposal (RFP) to qualified consultants. Mayor Pro Tem Runels requested clarification on the process taken to identify and determine the qualified list of consultants. Director of Building and Fire Fibich explained that a solicitation of potential architects was based on both reputation and experience with this type of proposed project. He clarified that the list could be further expanded to send the RFP to qualified architects not currently on the list who express interest in the project. 8.j. Consideration of Progress Payment No. 5 (Final) for the Oak Park Boulevard Widening Project, PW 2000-01. Recommended Action: 1) Authorize Progress Payment NO.5 in the amount of $31,768.15 to Souza Construction, Inc. for the Oak Park Boulevard Widening project; 2) Direct staff to file a Notice of Completion; and, 3) Authorize release of the retention of $22,175.86, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. In response to a question by Mayor Pro Tem Runels regarding the cost difference between Class II Aggregate Base and Class B Asphalt Concrete, Director Spagnolo explained that the cost for Class II Aggregate Base also included charges for a variety of other work items that were combined within the unit cost. Mayor Pro Tem Runels moved to approve staff's recommendations for Items 8.d. and 8.j. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: CITY COUNCiL/REDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 4 AYES: Runels, Dickens, Ferrara, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin declared a conflict of interest and did not participate in voting on Item 8.h. 8.h. Consideration of Progress Payment No. 3 for the Rancho Grande Park Project, PW 2002-03. Recommended Action: Authorize Progress Payment NO.3 in the amount of $73,242.42 to Herrera Engineering, Inc. for the Rancho Grande Park Project. Mayor Pro Tem Runels moved to approve staff's recommendation. Council Member Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Ferrara, Dickens, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARING: 9.a. Consideration to Establish Utility District No.7 to Underground Existing East Grand Avenue Utilities Between Elm Street and Oak Park Boulevard. Director of Public Works Spagnolo presented the staff report and requested the Council continue the public hearing to a future date uncertain. Director Spagnolo responded to questions from Council regarding the project's anticipated timeline, funding, and coordination with other road improvement projects. Mayor Lady opened the public hearing, and upon hearing no public comments, he closed the public hearing. On motion by Mayor Pro Tem Runels to approve staff's recommendation to continue the item and public hearing to a future date uncertain, seconded by Council Member Dickens, the motion passed unanimously by voice vote. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 5 Council Member Dickens announced a conflict of interest regarding Item 9.b. and stepped down from the dais. 9.b. Consideration of Proposed Ordinance Amending the Zoning Map of Arroyo Grande from General Agriculture (AG) to Agricultural Preserve (AP) for a 3.42 Acre Parcel Located at 871 East Cherry Avenue; Development Code Amendment 02-003. Director of Community Development Strong presented the staff report, recommended the Council introduce an Ordinance amending the Zoning Map of Arroyo Grande from General Agriculture (AG) to Agricultural Preserve (AP) for a 3.42-acre parcel'ocated at 871 East Cherry Avenue, and responded to questions from Council. Mayor Lady opened the public hearing. Molly McClanahan, applicant, spoke in favor of the proposed zone change. Hearing no further public comments, Mayor Lady closed the public hearing. Council Member Ferrara moved to introduce an Ordinance amending the Zoning Map of Arroyo Grande from General Agriculture (AG) to Agricultural Preserve (AP) for a 3.42-acre parce' located at 871 East Cherry Avenue; Development Code Amendment 02-003, applied for by the Gordon F. Dixson Trust. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Runels, Lady NOES: None ABSENT: Dickens There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Dickens returned to the dais. 10. CONTINUED BUSINESS 10.a. Consideration of Application to LAFCO for Outside Seryice Contractual Agreement Approvals (Water Service to Mobile Home Parks in Sphere of Influence at Halcyon Road), Director of Community Development Strong presented the staff report, recommended the Council approve the LAFCO Application for Contractual Agreement Approval for CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 7 Council AYES: Lubin. Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None . There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. RDA AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11.b. Consideration of Authorization to Solicit Bids for Phase III of the Scenic Creekside Waik Through the Historic Village of Arroyo Grande, PW-2002- 02. Director of Public Works Spagnolo presented the staff report, recommended the Council 1 ) approve the plans and specifications for Phase III of The Scenic Creekside Walk Through the Historic Village of Arroyo Grande project; 2) Authorize the Public Works Department to solicit public construction bids for Phase III of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande project, and responded to questions from Council. Mayor Lady opened up the item for public comment, and upon hearing none, brought the issue back to the Council for consideration. Council Member Dickens moved to approve staff's recommendation to approve the plans and specifications for Phase III of The Scenic Creekside Walk Through the Historic Village of Arroyo Grande project; and authorize the Public Works Department to solicit public construction bids for Phase III of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande project. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 8 11.c. Consideration of Resolution of Application to Local Agency Formation Commission (LAFCO) for Sphere of Influence Update and Municipal Service Review. Director of Community Development Strong presented the staff report, recommended the Council. adopt a resolution of application to LAFCO for the update of the City's Sphere of Influence and preparation of a Municipal Service Review, and responded to questions from Council regarding the process for Canyon Crest to request inclusion into the City's Sphere of Influence and a request to include Tract No. 1724 into the City's Sphere of Influence. Council Member Dickens commented that although these properties were receiving some urban services, they were not included in the City's Sphere of Influence in the 2001 General Plan Update and he would recommend that the Council stick with the 2001 General Plan, exclude Tract 1724, exclude Canyon Crest, and look at applications for those tracts individually as they come in. Mayor Lady opened up the item for public comment, and upon hearing none, brought the issue back to the Council for consideration. Following discussion, Council Member Lubin moved to adopt the resolution of application to LAFCO for the update of the City's Sphere of Influence and preparation of a Municipal Service Review. Mayor Pro Tem Runels seconded the motion. Council Member Dickens commented that because the application included adding Tract 1724 to the City's Sphere of Influence, he could not support the Motion. On the following roll-call vote, to wit: AYES: Lubin, Runels, Ferrara, Lady NOES: Dickens ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATiONS None. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 12, 2002 PAGE 9 15. STAFF COMMUNICATiONS None. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 8:50 p.m. Michael A. Lady, Mayor ATTEST: Kelly Wetmore, Director of Administrative Servicesl Deputy City Clerk 8.f. MEMORANDUM TO: CITY COUNCiL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~ FROM: SUBJECT: STREET NAME CHANGE - ROBLES ROAD TO ROBLES PLACE DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council adopt a resolution approving the street name change for the upper segment of Robles Road to Robles Place. FUNDING: No fiscal impact. DISCUSSION: Four homeowners on the upper segment of Robles Road have requested a street name change to Robles Place (off of Sierra Drive) to differentiate from the discontinuous lower segment (off of EI Camino Real and Chilton Street), The Fire and Police departments encourage and support this street name change to improve emergency service response. On November 6, 2002, the Planning Commission unanimously recommended the proposed street name change after conducting a public meeting to consider the request. Notices were mailed to 18 property owners, published in the Times Press Recorder and sent to all utilities and other public agencies on October 25, 2002. No adverse comments have been received. The name change is Categorically Exempt per Section 15301 of CEaA Guidelines. Although the Municipal Code does not specify a procedure for official street name changes, staff considers the approval equivalent to action on a final subdivision (or parcel map), Section 16.20.080 of Municipal Code. This provides that the City Engineer shall act within 10 days following the City Council meeting in which agenda the item was posted. (Subdivisions frequently create new street names). After approval by the City, the Director of Administrative ServiceslDeputy City Clerk would record the resolution for the name change to become official. The Public Works department will replace the single street name sign at Sierra Drive to properly designate Robles Place and again notify the Post Office and utility companies of the official name change, The property owners will change their mailing addresses at their own expense. CITY COUNCIL STREET NAME CHANGE - ROBLES ROAD TO ROBLES PLACE NOVEMBER 26, 2002 PAGE 2 AL TERNA TIVES: The following alternatives are provided for Council consideration: - Adopt the resolution approving the street name change for the upper segment of Robles Road to Robles Place. - Do not approve the name change and leave both upper and lower segments of the discontinuous street named Robles Road. - Determine an alternative street name and renotice the affected property owners, utilities and other public agencies of the proposal prior to action, Attachment: 1. Map "Exhibit A" showing segment to be renamed from Robles Road to Robles Place. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING STAFF PROJECT 02-017; RENAMING THE UPPER PORTION OF ROBLES ROAD TO ROBLES PLACE WHEREAS, the residents on the subject segment have requested that the upper portion of Robles Road be renamed to Robles Place; and WHEREAS. the Planning Commission of the City of Arroyo Grande held a public hearing on November 6, 2002 in accordance with City Code and unanimously recommended the street name change; and WHEREAS. the Planning Commission found that this street name change is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt per Section 15301 of the CECA Guidelines; and WHEREAS, the City's Police, Fire and Public Works departments all support this name change to improve emergency response, and no adverse comments have been received after public notice to property owners, post office and utility companies; and WHEREAS, the City Council finds after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL That changing the name of upper Robles Road to Robles Place will demonstrate that Robles Road is not a through street and will facilitate timely and accurate response of emergency vehicles and be of benefit to the public health, safety and welfare, NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves renaming the upper portion of Robles Road to Robles Place, as set forth on the map labeled 'Exhibit A' attached hereto and incorporated herein. AYES: NOES: ABSENT: the foregoing Resolution was adopted this 26th day of November 2002. RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS. CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL. CITY ATTORNEY E){H\6\1 p.. I -~ ! ~~.-.- , '~/ I , , \ ! I \ . \ i . i \ I i I i . I I / / I I I / 8.g. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, PUBLIC WORKS DIRECTOR/CITY ENGINEER* SUBJECT: CONSIDERATiON OF AUTHORIZATION TO SOLICIT BIDS FOR STREET SWEEPING SERVICES DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council authorize the solicitation of bids for new street sweeping services. FUNDING: Funds for FY 2002/03 total $77,000, 61% of which comes out of the General Fund and 39% comes out of the Streets Fund. The estimated cost for a new contract is expected to range from $80,000 to $85,000, considering changes already received from the present contractor for disposal costs and current prices being charged for street sweeping of surrounding cities. DISCUSSION: 1997 was the last time the City solicited bids for street sweeping services. During this bidding process, Daystar Industries was low bidder at $11 per curb mile for a one-year contract, with four (4) one year extensions. In 1998 the City continued the contract for another year at $14.50 per curb mile if Daystar Industries would purchase a new street sweeper. Daystar complied and purchased a new sweeper. Since 1998, the City has approved three (3) one- year time extensions and curb mile costs have increased from $14.50 to $17.50 per curb mile. During this three-year time period, other costs have increased. These include disposal fees, fuel, and costs for secondary sweeping, parking lots and seasonal sweeps. During the past couple of months, issues regarding the disposal site have surfaced. Staff has confirmed the contractor was disposing of materials at a site that does not comply with the legal terms of the existing agreement with the City. After reported to, and investigated by the City, the City's immediate direction to remedy the problem resulted in the contractor having to find an approved dumpsite in the area and is now using Cold Canyon Landfill. The contractor has forwarded the increased dump costs and associated labor costs to the City. Estimated cost increases have been built into the estimated cost CITY COUNCIL CONSIDERATION OF AUTHORIZATION TO SOLICIT BIDS FOR STREET SWEEPING SERViCES NOVEMBER 26, 2002 PAGE 2 presented above. Curb mile costs will increase to approximately $20 per curb mile. This is the same curb mile rate paid by only one other local jurisdiction. During this four (4) year period, the present contractor has performed street sweeping services adequately, There has been a 77% reduction in the amount of street sweeping complaints received by the department. Staff has had a good working relationship with the contractor and issues are resolved promptly. However, given the seriousness of the contract violations regarding the waste disposal practices, staff is recommending the City not pursue the fourth and final extension of the contract. Staff is instead recommending the City Council authorize the solicitation of proposals for new street sweeping services in accordance with the specifications and documents attached. AL TERNA TIVES: The following alternatives are provided for Council consideration - Approve staff's request and authorize the solicitation of bids; - Deny staff's request; - Modify staff's request as appropriate and approve request; - Provide direction to staff. Attachments: 1. Bid Specifications 2. Street Sweeping Schedule 3. Service Agreement for Street Sweeping Services 4. List of Street Sweeping Contractors CITY OF ARROYO GRANDE REQUEST FOR PROPOSALS FOR STREET SWEEPING SERVICES PREPARED BY: PUBLIC WORKS DEPARTMENT CITY OF ARROYO GRANDE P. O. BOX 550 ARROYO GRANDE, CALIFORNIA 93421 TABLE OF CONTENTS Notice to Contractors.. ............ .,.,...,. ... ... .... ... ... .., .". .,. ... ......... ... ... ,.,..... ............................ 1 Proposal Requirements................................................................................................... 2 Special Provisions........................................................................ ...................................8 Section I Purpose of Street Cleaning Contract...............................................8 Section II Contract Period. ... .... ... .... ... ... .., ",. ... ... ... ... .............,.........................8 Section I" Standards of Service .......................................................................8 Section IV Work Performance ..........................................................................9 Section V Equipment..................................................................................... 10 CITY OF ARROYO GRANDE STREET SWEEPiNG SERVICES NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the City Clerk, 214 East Branch Street, Arroyo Grande, California, until 2:00 P.M. December 17. 2002 , and will be publicly opened at the City Council Chambers, 215 East Branch Street, Arroyo Grande, California, and read aloud at 2:00 P.M" for performing the work as follows: STREET SWEEPING FOR THE CITY OF ARROYO GRANDE Scope of Work The work consists of furnishing all labor, materials, tools and equipment required to provide street sweeping services for the City of Arroyo Grande in accordance with plans and specifications. Estimated Quantities I No. I Quantity I Description I 1. 266 Curb miles per month Street Sweeping 2. Twice Monthly Sweep seven (7) parking lots 3. Lump Sum Per Hour Special Sweeping Service 4. Hours Any minimum number of hours for special sweeping service - (Bid Item No.3) NOTE: As shown on the Contract Proposal, bid alternatives for a one (1) year and a three (3) year contract shall be required. 1 PROPOSAL REQUIREMENTS A. General Information: The Deputy City Clerk of the City of Arroyo Grande, California, will receive, at her office at 214 East Branch Street, City Hall, in said City, until 2:00 P.M., on December 17 , 2002 , sealed proposals for street sweeping in the City of Arroyo Grande. Said sealed proposals will be opened in the City Council Chambers, 215 East Branch Street, Arroyo Grande, California. B. Examination of Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work and the proposal, plans, specifications and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and qualities of work to be performed and materials to be furnished, and as to the requirements of the proposal, plans, specifications and the contract. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination. C. Proposal Forms: All proposals must be submitted upon blank forms to be obtained from the Director of Public Works at his office, 208 East Branch Street, Arroyo Grande, California. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name and post office address and name and address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, cities and business addresses of the president, secretary and the treasurer. D. Reiection of Proposals: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind, The right is reserved to reject any and all proposals and to waive any informality in bids received. E. Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check or bidder's bond and made payable to the City of Arroyo Grande for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith. F. Award of Contract: The award of the contract, if awarded, will be to the lowest bidder whose proposal complies with all the requirements prescribed. Such award, will be made within thirty (30) days after the opening of the proposals. All bids will be compared on the basis of the City Engineer's estimate of the quantities of work to be done. 2 G. Execution of Contract: The contract shall be signed by successful bidder and returned, together with the contract bonds within ten (10) days, not including Sundays and legal holidays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays and legal holidays, after the bidder has received a notice that the contract has been awarded to him, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty, H. Return of Bidder's Guarantees: Within ten (10) days after the award of the contract, the City of Arroyo Grande will return the proposed guarantees of the proposals which are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which all proposal guarantees, except those forfeited, will be returned to the respective bidders whose proposals they accompany. I. Contract Bonds: The successful bidder, simultaneously with the execution of the agreement, shall provide to the City a faithful performance bond in an amount equal to ten percent (10%) of the total bid, said bond shall be secured by a surety company satisfactory to the City of Arroyo Grande, When bidding on both proposals the bond amount submitted shall be for the larger amount. J. Insurance: The successful bidder shall be required to submit insurance certificates and endorsements per Section XII of the Special Provisions. Liability insurance shall name the City of Arroyo Grande as additional insured and shall state that the policy will not be canceled or materially changed prior to giving thirty (30) days written notice to the Director of Public Works for the City of Arroyo Grande, California. 3 CITY OF ARROYO GRANDE PROPOSAL FOR STREET SWEEPING SERVICES TO THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and has read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with said plans, if any, and specifications in the time and manner therein prescribed, for the unit price or lump sum price set forth in the following schedule: 266 Curb Mile Street Sweeping 1. One Year Contract A. Unit Price Per Curb Mile B. Total Per Month C. Total Bid for One Year 2. Three Year Contract A. Unit Price Per Curb Mile B. Total Per Month C. Total Bid for Three Years Twice Monthly Sweeping of Seven Parking Lots (Lump Sum) 1. One Year Contract A. Total Per Month B. Total Bid for One Year 2. Three Year Contract A. Total Per Month B. Total Bid for Three Years 4 Special Sweeping Service (Lump Sum) 1. One Year Contract A. Lump Sum Per Hour I I 2. Three Year Contract A. Lump Sum Per Hour I l Special Sweeping Seryice (Minimum No. Of Hours) 1. One Year Contract A. Minimum No. of Hours for Special Sweeping 2. Three Year Contract A. Minimum No. of Hours for Special Sweeping TOTAL BID SHALL BE CALCULATED BY USING THE FOLLOWING FORMULA: 266 x Curb Mile Unit Price x 12 Months and/or 266 x Curb Mile Unit Price x 36 Months Accompanying this proposal is (cash, cashier's check, certified check or bidders bond as the case may be) in the amount equal to at least ten percent (10%) of the total bid. When bidding on both proposals the bond amount submitted shall be for the greater amount. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Arroyo Grande, and this proposal and the acceptance thereof may be; considered null and void. It is further understood and agreed that: 5 A. All bids are to be calculated on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price, times twelve (12) months and/or thirty-six (36) months as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. B. The estimated quantities of work indicated in the proposal are approximate only, being used solely as a basis for comparison of bids. C. No verbal agreement or conversation with any officer, agent or employee of the City, before, during or after the execution of the agreement shall affect or modify any of the terms of obligations of this proposal. D. The City of Arroyo Grande will not be responsible for any errors or omissions on the part of the undersigned in making up his bid, nor will bidders be released on account of errors. E. In case the undersigned defaults in executing the required contract with necessary bonds, within ten (10) days (not including Sundays and legal holidays), after receiving notice that the contract is ready for signature, the bidder's bond accompanying this bid shall become the property of the City of Arroyo Grande. THE UNDERSIGNED HEREBY DECLARES OR CERTIFIES UNDER THE PENAL TV OF PERJURY THAT: A. He has not, in any way, entered into any agreement or arrangement with any other bidder which is collusive or which might tend to, or does, lessen or destroy free competition in the Jetting of the contract sought for by these bids. B. No attempt has been made to induce any other bidder to submit a collusive bid, or to refrain from bidding. C. No bid has been accepted from any subcontractor which is known by the undersigned to be collusive. Licensed in accordance with an act providing for the registration of contractors, License No. Signature of Bidder 6 NOTE: If an individual, so state. In a firm or co-partnership, state the firm name and give the names of all individuals, co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Business Address: Dated: ,2002. 7 SPECIAL PROVISIONS SECTION i Purpose of the Street Sweepinq Contract: To provide a street sweeping service to the City of Arroyo Grande on a regularly scheduled basis, by removing litter, leaves, dirt, and debris from streets, alleys and parking lots. This program shall leave the streets with a presentable appearance and free from dust created by traffic. It shall be the contractor's responsibility to furnish at his own expense all tools, equipment, labor, material and services necessary for the satisfactory performance of the work set forth in these specifications. SECTION II Contract Period: Any contract entered into shall be for a period of 12 or 36 months commencing on the 1st day of January 2003 and ending on the 1st day of January 2004 or January 2006, depending on what bid length is selected, unless sooner terminated. The City of Arroyo Grande reserved the right to terminate or suspend this contract at any time as stipulated in Section XIV. SECTION III Standards of Service: 1. The contractor agrees to comply with all applicable provisions of federal,1 state and/or local laws governing the duties and obligation of businesses and employers. 2. The standards of performance which the contractor is obligated to perform hereunder are standards considered by the City to be good street sweeping practices. Reference: Street Cleaninq Practice. Third Edition by American Public Works Association. 3. Street sweepers will operate at suggested manufacturers sweeping speeds in accordance with local conditions and desired results. At no time may the street sweeper speed exceed 6 miles per hour. 4. The contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to pUblic traffic. 8 5. Sweeping will be done during daylight hours in all residential areas. Downtown and other commercial areas will be swept in morning hours. 6. The intersections (cross gutter area) along all scheduled streets are to be swept. All debris (including debris following inclement weather) along regularly scheduled routes, no matter what quantity, is to be removed. SECTION IV Work Performance: 1. The City of Arroyo Grande will monitor the work performance of the contractor by randomly choosing ten (10) streets of a regular scheduled route to spot check upon completion of that route. It is understood that if three (3) of the streets do not meet acceptable city standards, the contractor will be required to sweep the entire route again within 48 hours at no cost to the City. 2. If a spot check determines a single street has not met the standards the operator shall resweep within 24 hours at no cost to the City. 3. All potable water used for dust control will be provided, at no cost to the contractor through fire hydrants. The City will provide a Fire Hydrant Water Meter that is to be used every time the street sweeping vehicle fills up, 4. The contractor shall provide to the City, immediately following award of contract, the manufacturers gallons per minute (GPM) rating, for dust control, on each street sweeping unit. The contractor shall record the daily quantity of water used by any or all street sweeping equipment used to clean the regularly scheduled route. The daily totals will then be compared against the monthly metered potable water total to assist in verifying dust control compliance. If the daily recorded water usage does not meet or exceed the monthly metered potable water total, the City considers this a loss of value and reserves the right to reduce the curb mile rate by 50% for that month. 5. City staff which observe the sweeping of regularly scheduled routes without the use of water for dust control will result in a 50% reduction of the curb mile rate for that day. 6. Regularly scheduled routes that are not completely swept on the assigned day for any reason except for provisions in Sections VII & VIII, will require notification of City residents. The contractor will immediately place and pay for a "Notice of Street Sweeping Rescheduling" in the Five Cities Times Press Recorder. A 1/16" size advertisement stating the reason for rescheduling and the contractors name and phone number shall beincluded in the notification, The City reserves the right to 9 add or modify the content of the "Notice of Street Sweeping Rescheduling". A final draft of the notification must be approved by the Director of Public Works or his designee prior to placement. 7. Failure to sweep one or more streets, on a regularly scheduled route, may result in the City contracting for the clean up of these streets. All contract and administrative costs incurred as a result of this failure to perform will be deducted from the regular monthly street sweeping invoice. 8. The determination of acceptable city standards will be made by the Public Works Director and/or his designee. SECTION V Equipment: 1. All equipment used for the performance of this contract shall be standard heavy- duty mechanical broom sweeping or air/vacuum equipment necessary to properly clean streets and alleys of litter, dirt, rocks, leaves, and other debris. Equipment shall be properly maintained both as to condition and appearance so as to insure a high level of street sweeping services, 2. Sweeping equipment as well as disposal trucks shall be equipped with adequate warning devices and lights for safe operation and shall meet all vehicle operation requirements of the State of California Department of Motor Vehicles and the California Highway Patrol. 3. Machines must be maintained both mechanically and visually throughout the term of this agreement with capability to insure scheduled routine maintenance and proper adjustment for sweepers. 4. Machines must be equipped with an adequate water spray system for dust control. 5. All units shall be clearly and prominently marked with the contractor's name and unit number. 6. Contractor must keep a sufficient supply of spare brooms and parts to insure continuous operation. Worn brushes and brooms shall be replaced and adjusted to insure maximum efficiency. 7. All equipment must be properly registered and insured in accordance with state and local laws. Contractor must show proof of ownership or a signed lease for sufficient machinery to adequately perform services as specified in this agreement. 10 - --- -~-_._---_.._----- - - -- --..- 8. All units shall have the capability of being contacted by their main office with radio or paging equipment. 9. Contractor shall have the ability to provide two (2) sweepers to the City of Arroyo Grande within four (4) hours notice. 10. Contractor shall have the ability to provide a mechanical broom type sweeper and an air/vacuum type sweeper within four (4) hours notice, SECTION VI Work to be Performed: During the term of any agreement entered into, contractor shall sweep all designated public streets and curbs and gutters, alleys, street medians, parking lots. center lanes and intersections within the irlcorporate City limits of Arroyo Grande with the assigned frequency as listed below. The contractor will adhere to the "Street Sweeping Schedule" provided to him by the City of Arroyo Grande. The City reserves the right to modify the "Street Sweeping Schedule" from time to time during the period of the contract. Additions or deletions to this schedule shall be made in accordance with unit prices as shown on the contract proposal, or at the City's sole discretion, as otherwise mutually agreed upon by the contractor and the City. SECTION VII Holidays: The City of Arroyo Grande will not require sweeping service on the following seven (7) holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. In the event that a scheduled sweeping shift is missed due to the aforementioned holidays, the contractor shall arrange for sweeping on another day within a five working day period as described in Section III. SECTION VIII Inclement Weather: In the event that a scheduled sweeping shift is not possible due to weather conditions, equipment failure, or other unforeseen occurrences, contractor shall notify the City of Arroyo Grande at the earliest possible time and arrange for sweeping on another day within a five working day period. It is understood that the contractor will make up the missed sweeping shift on the first available day within the five working day limitation, or 11 forfeit any and all compensation for that particular shift. SECTION IX Additional Work: 1. In the event the City of Arroyo Grande desires to extend the street sweeping program to include newly constructed streets or alleys, or streets or alleys procured through annexations, or existing streets not listed or referenced in Section VI, "Work to be Performed" after the effective date of this agreement, then any additional which is required of the contractor shall be paid for at the applicable price per curb mile as specified in the contractor's proposal. 2. The contractor shall provide additional miscellaneous street sweeping services for work not otherwise specified in these specifications, at the current hourly rate as specified in the bid proposal when requested to do so by the City of Arroyo Grande. 3. Contractor from time to time may be requested to provide street sweeping services immediately following parades, community celebrations, and other activities involving City streets, alleys or parking. Compensation for this work will be paid at the hourly rate as specified in the bid proposal. 4. In the event the City of Arroyo Grande desires to increase the frequency of sweeping on specific streets for short durations (1 to 2 months), the contractor shall be paid at the applicable price per curb mile as specified in the contractor's proposal. 5, All sweeping as identified in this section, paragraphs 8, C, and D, shall be performed as not to interfere with the proper completion of the regular street sweeping schedule. SECTION X Disposal of Sweepino Debris: The contractor shall dispose of all refuse and debris collected by his sweeping operation by hauling to a properly licensed Class III disposal site for disposal of sweeping debris, in compliance with all State, Federal and local laws. SECTION XI Compensation: 1. For all services which the contractor is obligated to perform under the terms of this 12 proposal, the City of Arroyo Grande shall pay to the contractor an amount based on cost per curb mile of street cleaned in monthly installments payable on or before the 15th day of each month succeeding the month during which the service was performed. 2. Failure to sweep shall be deducted from payment, per curb mile, unless made up as stipulated in Sections VII and VIII. SECTION XII Insurance Requirements: The contractor shall procure and maintain for the duration ofthe contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder, by the contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor's bid. 1. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Form Number GL-0002 (Ed. 1/73), covering comprehensive general liability and insurance services; office form number GL-0404, covering broad form comprehensive general liability, or ; Insurance Services Office Commercial General Liability coverage ("Occurrence", Form CG-0001). 2. Insurance Services Office Form Number CA-0001 (Ed. 1/78), covering automobile liability, Code 1, "Any Auto", and endorsement CA-0025, 3. Worker's Compensation Insurance, as required by the Labor Code of the State of California, and Employer's Liability Insurance. 2. Minimum Limits of Insurance: The contractor shall maintain limits no less than: 1. Comprehensive general liability: One million dollars ($1,000,000.00) combined single-limit occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: One million dollars ($1,000,000.00) combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' compensation limits as required by the Labor Code of the State of California, and Employers' Liability limits of one million dollars 13 ($1,000,000.00) per accident. 3. Deductibles and Self-Insured Retentions: Any deductibles of self-insured retentions must be declared to and be approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as affects the City, its officials, agents and employees, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions: The policies are to contain the following provisions: 1. General Liability and Automobile Liability Coverages: 1. The City, its officials, agents, employees and volunteers are to be covered as primary insureds as respects liability arising out of activities performed by or on behalf of the contractor, or products and completed operations of the contractor, or premises owned, leased or used by the contractor, or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees or volunteers. 2. The contractor's insurance coverage shall be primary insurance as respects the City, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees or volunteers shall be in excess ofthe contractor's insurance, and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees or volunteers. 4. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 14 2. Workers' Compensation and Employers' Liability Coverage: 1. The insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for losses arising from work performed by the contractor for the City. 3. All Coverages: 1. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City. 5. Acceptability of Insurers: Insurance is to be placed with insurers with a best rating of no less than AXIII. 6. Verification of Coverage: Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause (actual policy). The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. If so required by the City, the contractor shall furnish to the City a duplicate original policy. 7. Subcontractors: The contractor shall include all subcontractors as insurers under his policies, or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION Xiii Assiqnment of Contract: Contractor shall under no circumstances assign this contract or any part thereof to another party without prior written consent from the City of Arroyo Grande. SECTION XIV Termination of Contract: Upon the determination of the City of Arroyo Grande that the quality of workmanship being performed by the contractor does not meet the standards set by the City of Arroyo 15 -._- - --- ----"---- ----._----_.~. Grande as outlined in these specifications, and/orfor non-compliance of other provisions of any contract entered into, the City of Arroyo Grande may terminate this agreement upon thirty (30) days written notice to contractor. SECTION XV Responsibilitv for Damaqe: The City of Arroyo Grande and all of their employees and agents shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; for any injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever during the progress of work. SECTION XVI Complaints: All complaints shall first be directed to the Public Works Director or his Designee, then to the contractor. It shall be the contractor's obligation to resolve all complaints within 24 hours. SECTION XVII Independent Contractor Status: It is expressly understood that the contractor named in any agreement entered into is acting as an independent contractor, not as an agent or employee of the City of Arroyo Grande. SECTION XVIII Security; The contractor shall deliver to the City of Arroyo Grande concurrent with execution of this Agreement, and shall maintain at all times during the term hereof a Security of Faithful Performance in the amount often percent (10%) of the total bid, which maybe in the form of: 1. Faithful Performance Bond issued by a corporation acceptable to the City authorized to issue such bonds under the laws and regulations of the State of California. The premiums on such bond shall be paid at all times by the Contractor promptly when due; or 16 2. A Certificate of Deposit made payable to the City of Arroyo Grande. Any interest earned shall be payable to the Contractor. The Certificate of Deposit shall be issued by a bank or savings and loan institution doing business in the State of California, insured by Federal Deposit or the Federal Savings and Loan Insurance Corporation, and having gross assets of at least $5,000,000.00; or 3. A Letter of Credit that requires payment to the City of Arroyo Grande of the full amount upon the delivery of an order of City Council stating that Contractor has failed or neglected to perform in accordance with the terms and conditions of this Agreement. The Letter of Credit shall be issued by a bank or savings and loan institution doing business in the State of California, covered by the Federal Deposit or the Federal Savings and Loan Insurance Corporation, and that has capital funds of at least $50,000,000.00. 17 PRIMARY STREET SWEEPING SCHEDULE STREETS DAY Downtown Village Monday & Friday Barnett Street Bridge Street Halcyon Road Every Monday E. Branch Street EI Camino Real Grand Avenue W. Branch Street (West S. Elm Street Traffic Way of Regional Center) Fair Oaks Avenue Valley Road Alder Street Huasna Road Oak Park Boulevard Every Wednesday Ash Street James Way Tally Ho Brisco Road Le Point (East of The Pike Farroll Avenue Mason) Arroyo A ven ue Golden West Place Pilgrim Way 3" Tuesday Bakeman Lane Hampton Place Rice Court of the Month Bambi Court Lancaster Drive Rogers Court Beech Street La Vista Court Russ Court Brittany Avenue Leanna Drive Sandalwood Avenue California Street Magnolia Drive Starlight Lane Cameron Court Mesa Drive Sycamore Court Carmella Drive Morning Rise Lane Sycamore Drive Carol Place Mulberry Lane Tierra Street Carrington Place Noel Street Tiger Tail Drive W. Cherry Avenue S. Oak Park Boulevard Todd Lane Creekside Drive Olive Street Turquoise Drive Del Sol Street Opal Circle Verde Place Diamond Circle Orchard Street Via Berros Diana Place Pacific Pointe Way Victorian Court Dixson Street Palm Court Victoria Way Farroll Avenue (East of Paul Place Virginia Drive Halcyon) Forest Glen Drive Garfield Place Pearl Drive Willow Lane 3" Tuesday Gaynfair Terrace Pecan Street Wilson Court of the Month Woodland Court (continued) Woodland Drive Acorn Drive Hidden Oak Road Rancho Parkway 2" Tuesday Andre Drive Hodges Road Refugio Place of the Month Arabian Circle James Way Robin Circle Asilo Jenny Place Rodeo Drive Avenida De Diamante La Canada Rosemary Lane Calle Carman Los Ciervos Salida Del Sol Calle Cuervo Matthew Way Scenic Circle Camino Mercado Meadowlark Drive Sombrillo Cardinal Court Mercedes Lane Spanish Moss Lane Castillo Court Mesquite Lane Stevenson Drive Chaparral Lane Mustang Circle Via Bandolero PRIMARY STREET SWEEPING SCHEDULE STREETS DAY Clinton Court Oak Leaf Circle Via Las Aguilas Collado Corte Old Ranch Road Via Poca Cuerda Corte Palos Secos Via Vaquero Deer Trail Circle Paraiso Court Village Glen Drive Dos Cerros Puesta Del Sol Vista Circle Emerald Bay Drive Quail Court Vista Drive Equestrian Way Quail Ridge Court Grace Lane Alpine Street Faeh Avenue Pecan Place 1" Tuesday Aspen Street Fairview Drive Pine Street of the Month Bell Street Grand Avenue Islands Poplar Street Bennett Avenue Hillcrest Drive Priscilla Lane Beta Court Juniper Street Rena Street Brighton Avenue Ledo Place Robles Road Cedar Street Linda Drive Ruth Ann Way Cerro Vista Circle Maple Street Sage Street Cerro Vista Lane Montego Street Sierra Drive Chilton Street Newman Drive Spruce Street Cornwall Avenue Newport Avenue Sunset Drive Corona Del Terra (Lower) Taylor Place Courtland Street Newport Avenue Walnut Street Dodson Way Oak Street Wood Place N. Elm Street Park Way Woodland Drive Eman Court Allen Street Ide Street Paseo Street 4th Tuesday Branch Mill Road Ikeda Way Pearwood Avenue of the Month Campana Place James Way (South of Plata Road Canyon Way Colina) Platino Lane Clarence Avenue La Cresta Drive Plomo Court Coach Road La Paz Circle Poole Street Cobre Place Ladera Place Pradera Court Colina Street Larchmont Drive Rosewood Lane Corral Place Launa Lane S. Traffic Way Cross Street Le Point Street Short Street Crown Hill Le Point Terrace Stagecoach Road Crown Terrace Los Oiivos Lane Station Way Cuesta Place Mariposa Circle Tanner Lane E. Cherry Avenue Mason Street Toyon Place Farmhouse Place May Street Trinity Avenue Fieldview Place McKinley Street Vard Loomis Court Flora Road Miller Circle Vard Loomis Lane Fortuna Court Miller Way Vernon Street Garden Street Myrtle Street Via La Barranca Greenwood Drive Nelson Street Village Court Grove Court Nevada Street W. Branch Street Gularte Road Noguera Place Wesley Street Harrison Street Oro Drive Whiteley Street Hawkins Court Outland Court PRIMARY STREET SWEEPING SCHEDULE STREETS DAY Hillside Court Pacific Coast Railway Zogata Way Ash Street Bathrooms Eim Street Recreation Soto Sports Complex Twice a Month; Car Corral Parking Lot Olohan Alley Strother Park 2" & 4th Thursdays City Hall Parking Lots Womans Club The Streets listed below will be swept two weeks following their primary sweeping. SECONDARY STREET SWEEPING SCHEDULE STREETS DAY Aspen Street Maple Street Taylor Place 3"' Tuesday Bennett Avenue Palm Court Walnut Street (from of the Month Brighton Avenue Pine Street Maple Street to end of Cerro Vista Circle Priscilla Lane street) Courtland Street Ruth Ann Way (from Dodson Way (from S. Brighton to bottom of Halcyon to S. Alpine) street) Arroyo Avenue Opal Circle Turquoise Drive 1" Tuesday Bambi Court Orchard Avenue Via Berros of the Month Carmelia Drive Pearl Drive West Cherry Avenue Diamond Circle Pilgrim Way Woodland Drive Leanna Drive Todd Lane Avenida De Diamante Old Ranch Road (250 Rodeo Drive (250 feet 41h Tuesday Hodges Road (from feet from W. Branch on each side of of the Month Stevenson Drive to end Street) Rodeo Drive & of. street) Robin Circle Mercedes Lane intersection) Alien Street Oro Drive (from Rosewood Lane 2" Tuesday Coach Road Huasna Road to Platino Stagecoach Road (500 of the Month Corral Place Lane) feet fromPlatino, East Cherry Avenue Pacific Coast Railway south) Flora Road (from Alien Street to Station Way Garden Street E. Cherry Avenue) Tanner Lane Greenwood Drive Pearwood Avenue Traffic Way Exit Launa Lane Platino Lane (from Via La Barranca Los Olivos Lane Stagecoach to La Myrtle Street Cresta Drive) Noguera Place CITY OF ARROYO GRANDE SERVICE AGREEMENT FOR STREET SWEEPING SERVICES THIS AGREEMENT, made this day of , 2003, by and between the CITY OF ARROYO GRANDE, California (hereinafter referred to as "CITY"), and , (hereinafter referred to as "CONTRACTOR"). WITNESSETH: WHEREAS, CITY desires to retain a qualified individual, firm, or business entity to provide Street Sweeping Services; and WHEREAS, CITY desires to engage CONTRACTOR to provide services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACT COORDINATION a. CITY. The Public Works Director shall be the representative of CITY for all purposes under this Agreement. The Public Works Director, or his designated representative, is hereby designated as the Contract Manager for the CITY. He or she shall supervise the progress and execution of this Agreement. b. CONTRACTOR. CONTRACTOR shall assign a single Contract Manager to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. is hereby designated as the Contract Manager for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY's Contract Manager. 2. DUTIES OF CONTRACTOR a. Seryices to be furnished. CONTRACTOR shall provide all specified services as set forth in Exhibit "A", entitled "Special Provisions", a copy of which is attached hereto and incorporated herein by this reference. b. Laws to be obseryed. CONTRACTOR shall: (1 ) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by CONTRACTOR under this Agreement; (2) Keep itself fully informed of all existing and proposed federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONTRACTOR's performance under this Agreement, or the conduct of the services under this Agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with professional standards regarding laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the CITY's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, special provisions, specifications, or provisions of this Agreement. c. Qualifications of CONTRACTOR. CONTRACTOR represents that it is qualified to furnish the services described under this Agreement. 3. DUTIES OF CITY CITY agrees to cooperate with CONTRACTOR and to perform that work described in Exhibit "A". 4. COMPENSATiON a. The CITY agrees to pay CONTRACTOR monthly, in accordance with the payment schedule as set forth in Section X, of Exhibit A, based upon actual work performed. b. CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the CITY Contract Manager. c. CONTRACTOR will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the CiTY disputes any of CONTRACTOR'S fees, it shall give written notice to CONTRACTOR within 30 days of receipt of an invoice setting forth any disputed fees. 5. TIME FOR COMPLETION OF THE WORK Program scheduling shall be as described in Exhibit "A" unless revisions to the schedule are approved in writing by the CITY's Contract Manager and CONTRACTOR's Contract Manager. Time extensions may in City's discretion, be allowed for delays caused by CITY, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the CONTRACTOR. 6. TEMPORARY SUSPENSION The CITY's Contract Manager shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this Agreement. CONTRACTOR will be paid the compensation due and payable to the date of temporary suspension. 7. TERMINATION Riaht to terminate. The CITY retains the right to terminate this Agreement for any reason by notifying CONTRACTOR in writing thirty (30) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this Agreement is terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR services which are of benefit to CITY. Said compensation is to be arrived at by mutual Agreement of the CITY and CONTRACTOR and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. CONTRACTOR may terminate the Agreement upon written notice in the event of substantial failure of the CITY to perform in accordance with the terms of this Agreement. 8. INSPECTION CONTRACTOR shall furnish CITY with every reasonable opportunity to ascertain that the seNices of CONTRACTOR are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the CITY's Contract Manager's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to comply with all terms and conditions of this Agreement. 9. OWNERSHIP OF MATERIALS All original water use logs and other materials prepared by or in possession of CONTRACTOR pursuantto this Agreement shall become the permanent property of the CITY, and shall be delivered to the CITY upon demand. 10. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This Agreement is for the performance of Street Sweeping SeNices by the CONTRACTOR and is not assignable by the CONTRACTOR without prior consent of the CiTY in writing. The CONTRACTOR may employ other specialists to perform seNices as required with prior written approval by the CITY, which approval shall not be unreasonably withheld. 11. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addresses as follows: CITY: CITY OF ARROYO GRANDE ATTENTION: PUBLIC WORKS DIRECTOR 214 EAST BRANCH STREET P. O. BOX 550 ARROYO GRANDE CA 93421 CONSULTANT: 12. iNTEREST OF CONTRACTOR CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the seNices hereunder. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance ofthe services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 13. INDEMNITY CONTRACTOR shall indemnify, defend, and hold harmless CITY and its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the proven sole negligence or willful misconduct of CITY. 14, WORKERS' COMPENSATION CITY and CONTRACTOR intend and agree that CONTRACTOR is an independent contractor of CITY and that CONTRACTOR and CONTRACTOR'S employees and agents have no right to City's Workers Compensation and other employee benefits. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. 15. INSURANCE CONTRACTOR shall obtain and provide proof of all insurance of the types and the amounts set forth in Exhibit "A". 16. AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEYS' FEES The prevailing party in any action between the parties to this Agreement brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 19. DISCRIMINATION No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document (including all exhibits referred to above and attached hereto) represents the entire and integrated Agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or Agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. 21. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The CITY and CONTRACTOR further agree to arnend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 22. THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 23. DELAY IN PERFORMANCE Neither CITY nor CONTRACTOR shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; . List of Contractors 1. California Street Maintenance 1918 W. 169'h Street Gardena, CA 90247 (BOO) 225-7316 2. Sean's Sweeping Service P. O. Box 10B2 Pismo Beach, CA 93448 (B05) 929-6970 3. J & S Sweeping Service 950 Excel Way Arroyo Grande, CA 93420 (B05) 471-4576 4. Daystar Industries P. O. Box 1519 Arroyo Grande, CA 93421-1519 (B05) 878-5455 epidemics; war; riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either CITY or CONTRACTOR under this Agreement. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 24. TERM The term of this Agreement shall be for a period of one (1) year or three (3) years commencing on January 1, 2003 and expiring at midnight on December 31,2003 or December 31,2005, unless sooner terminated as specified herein. There shall be four (4) one year options to extend this Agreement, subject to the prior written approval of the parties as to the terms and conditions thereof. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement the day and year first above written. CITY OF ARROYO GRANDE By: By: Mayor ATTEST: APPROVED AS TO FORM: Director of Administrative Services City Attorney -~._-- I.h. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION TO AWARD A CONTRACT FOR THE RODEO DRIVE TRAFFIC CALMING PROJECT, PW 2002-07 DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council: 1. award a construction contract for the Rodeo Drive Traffic Calming Project to Papich Construction Company in the amount of $45,438.80; 2. authorize the City Manager to approve change orders not to exceed the contingency of $4,543.88 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $45,438,80 + $4,543.88 = $49,982.68); and, 3. transfer funds from Project 5651 - "Streetlight at Old Ranch Road / West Branch Street" to the Rodeo Drive Traffic Calming Project to cover project contingencies. FUNDING: The FY 2002-03 Capital Improvement Budget includes $45,000 for the construction ofthe Rodeo Drive Traffic Calming Project. A $5,000 transfer is requested from Project 5651 - "Streetlight at Old Ranch Road / West Branch Street" to cover project contingencies. Following completion of the project, any remaining funds shall be returned to Project 5651. DISCUSSION: On September 24, 2002, the City Council directed staff to solicit bids for the Rodeo Drive Traffic Calming Project. On November 12, 2002, six bids were publicly opened for the project. The lowest responsive bidder, Papich Construction Company submitted a bid of $45,438.80. The bid has been verified for accuracy and found to be in compliance with the contract specifications (See Attachment 1). CITY COUNCIL CONSIDERATION TO AWARD A CONTRACT FOR THE RODEO DRIVE TRAFFIC CALMING PROJECT, PW 2002-G7 NOVEMBER 26, 2002 PAGE 2 The project scope of work involves the installation of eight speed humps along Rodeo Drive between Grace Lane and Mercedes Lane. The installation includes concrete "bulb- outs", equipped with blockouts for street trees, on each side of the speed humps to aid in slowing vehicular speeds by visually narrowing the roadway. Staff coordinated the final design and locations of the speed humps with resident representatives on Rodeo Drive. The Parks, Recreation and Facilities Department will install street trees within the "bulb- outs" at a later date and will maintain the trees as well. The contract time for this project is specified at 45 calendar days. Work is expected to begin in mid December 2002 and be completed by the end of January 2003 as described in Attachment 2 - "Project Schedule". ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachments: 1. Bid Opening Log Sheet 2. Project Schedule ATTACHMENT 1 BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: November 12, 2002 Rodeo Drive Traffic Calming Project BIDDER'S NAME. CITY TOTAL V. Lopez & Sons Backhoe Service $89,658.00 Santa Maria Maino Construction Company, Inc. $53,872.00 San Luis Obispo R. Burke Corporation $60,619.20 San Luis Obispo Papich Construction $45,438,80 Arroyo Grande Souza Construction $67,252.00 San Luis Obispo Granite Construction $89,762.00 Templeton ~JWt)wOM-- Kelly etm e, Administrative Services Director/Deputy City Clerk c: Director of Public Works City Manager ATTACHMENT 2 reilyol~rJ~ Tentative Project Schedule For Rodeo Drive Traffic Calming Project Project No. PW-2002-07 Authorization to Solictt Bids ................................................................................................. September 24. 2002 1s1 Notice to Bidders.................................................................................................................. October 25,2002 2nd Notice to Bidders ............................................................................................................... November 1,2002 Pre-Bid Conference I Job Walk (City council Chambers)..................................................... November 6, 2002 Bid Opening (Tuesday, 2:00 p.m. City Council Chambers) ................................................ November 12, 2002 Award of Bid .......................................................................................................................... November 26, 2002 Notice of Award .................................................................................................................... November 27,2002 Pre-Construction Meeting .............................................................................................................................. TBD Notice to Proceed ................................................................................................................. December 16, 2002 Contract Duration ~ 45 calendar days ~. _..~ .._..~- 8.1. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~ SUBJECT: CONSIDERATION OF APPROVAL OF FINAL PARCEL MAP AG 02- 0235; 1171 SUNSET DRIVE DATE: NOVEMBER 26, 2002 RECOMMENDATiON: It is recommended the City Council approve Final Parcel Map AG 02-0235 subdividing approximately 0.40 acres into two (2) residential lots on Sunset Drive approximately 250 feet East of Elm Street. FUNDING: There is no fiscal impact. DISCUSSION: On August 6,2002 the Planning Commission adopted Resolution 02-1846 for Tentative Parcel Map Case No. 00-001. The City has since received Parcel Map 02-0235, owned by Larry Ventresca. The subject parcel is located on Sunset Drive approximately 250 feet east of Elm Street. The current zoning for the property is Single Family Residential (SF). All required conditions of approval have been complied with, except the requirements for which the applicant has placed securities to guaranty completion. Formal City Council action will eliminate the need for a 10-day review period in the City's standard process, which will enable the applicant to close escrow on schedule. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Modify as appropriate and approve staff's recommendation; or . Provide direction to staff. Attachment: Exhibit 1 - Vicinity Map -_.~-~.._..- IL.I:::> '\ '\2'\5 Q '\207 \ '\2'\4 ~ '\ ~--:-~~ i t ~ ~ ~ "t ~ '\ 205 '\203 111 '\205 ~ "" ~ '0 e'-- 5"fftee't ~ n ~ - - ..... '::f ..... i .\> -- (J\ - (0 ..... a Q) ..... ..... ,\'\95 ..... (}') i <.CJ -- <.CJ .... :: ~ "4 J , - c: i - to -- (}') n -- ~ -- ~ g - ~ - 0) " - 1758 - 0) (}') 1154 1750 - :--." - n-O) 0 114f" . . Z 0. -, ~~,. 0 '" \11 8.). MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGiNEER vI!o SUBJECT: CONSIDERATiON OF APPROPRIATION FOR TREE TRIMMING SERVICES DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the Council authorize an appropriation of $2,500 to be used for tree trimming services on Branch Mill Road. FUNDING: Funds in the amount of $2,500 will be transferred from the General Fund to provide tree trimming services. The fund balance of the General Fund will be $2,433,992 after this appropriation. DISCUSSION: There are a variety of trees that are adjacent to Branch Mill Road, some of which overhang the roadway itself. The trees along the south side of Branch Mill Road are perched on a slope and are growing at an angle causing many ofthe tree's root structure to be exposed. The City received a claim for damages alleging that a branch from one of the trees broke off and caused damage to a vehicle. The City's certified arborist was immediately assigned to study the trees and provide recommendations on how best to treat them. He recommended removal of seven (7) trees. In processing that claim, the City was required to perform a survey to determine the exact location of the trees and it has been found that the majority of the trees are within the public right of way. The trees have been examined and it appears that most of the trees from the stone culvert easterly approximately 800' will need to be removed or trimmed. Now that the survey requirements have been completed, staff is attempting to proceed with the trimming as quickly as possible. Staff is recommending that the Council appropriate funds to be used to acquire tree trimming services to perform the necessary tree removal. Street maintenance staff will provide traffic control and use of the City's chipping equipment. CITY COUNCIL CONSIDERATION OF APPROPRIATION FOR TREE TRIMMiNG SERVICES NOVEMBER 26, 2002 PAGE 2 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendation; . Do not approve staff's recommendation; . Modify as appropriate and approve staff's recommendation; or . Provide direction to staff. 8.k. MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J. CARME'rft:.-- CITY ATTORNEY SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council approve the attached Employment Agreement between the City of Arroyo Grande and Steven Adams and authorize an appropriation of $10,492 from the General Fund. FUNDING: Approval ofthe Agreement will result in an additional appropriation of $1 0,492 in FY 2002- 03. The projected General Fund balance at June 30, 2003, would be $2,426,000 should the additional appropriation be approved. DiSCUSSION: The current Employment Agreement with the City Manager calls for a performance evaluation to occur by the end of October 2002, with subsequent consideration of salary/benefit revision. After conducting the performance evaluation and, based on the mutual agreement of the Council and City Manager, the terms and conditions of the Employment Agreement have been revised. AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Approve Employment Agreement; - Do not approve Employment Agreement; - Provide direction to staff. Attachment ~"---_._..- EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 26th day of November, 2002, by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California (the "City"), and STEVEN D. ADAMS, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, City desires to continue to employ the services of Employee as the City Manager as provided by State law and the Arroyo Grande Municipal Code; and WHEREAS, it is the desire of City to establish certain conditions of employment and to set working conditions of Employee; and WHEREAS, it is the desire of City to (a) secure and retain Employee and to provide inducement for him to remain in such employment; (b) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (c) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; (d) to provide a just means for terminating Employee's services at such time as he may be unable to fully discharge his duties or when City may desire to otherwise terminate his employment; and WHEREAS, Employee desires to continue employment as City Manager of City; and WHEREAS, this Agreement shall supersede and replace the previous Agreement between the parties dated November 27, 2001. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Term. A City hereby agrees to continue to employ Employee as City Manager for an indefinite term. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to the provision set forth in Section 5, Paragraph A, of this Agreement. ------ EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 2 C, Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, with or without good cause, subject only to the provisions set forth in Section 5, Paragraphs B. and C., of this Agreement. D. Except as otherwise specified herein, Employee agrees to remain in the exclusive employment of City and not become employed by any other employer until a termination date is effected as hereinafter provided. Section 2: Duties. City hereby agrees to employ Employee as City Manager to perform the functions and duties specified in the Arroyo Grande Municipal Code and as provided by State and Federal law and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 3: Salary. City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $116,134, payable in equal installments at the same time as other employees of City are paid. Section 4: Performance Eyaluation. City agrees to increase the base salary and/or other benefits of Employee in such amounts and to such extent as the City Council may determine that it is desirable to do so on the basis of an annual performance evaluation which shall occur no later than the end of October of each year. The performance evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee, Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with Employee, ----~-- EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 3 Section 5. Resianation and Termination. A. In the event Employee voluntarily resigns his position with City, Employee shall give City forty-five (45) days written notice in advance, unless the parties otherwise agree. Should Employee fail to give such period of notice, then Employee shall pay to City as liquidated damages the sum of $40 per working day for the difference between the number of actual days of prior notice and forty-five (45) days, B. In the event Employee is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, then, in that event, City agrees to pay Employee a lump sum cash payment equal to six (6) months salary and benefits (limited to the following: PERS, Medical, Dental, and Vision). In the event Employee is terminated for good cause, then City shall have no obligation to pay the sum designated in this paragraph, For the purpose of this Agreement, "good cause" shall include, but not necessarily be limited to, any of the following: (1 ) A material breach of the terms of this Agreement; (2) Misfeasance; (3) Malfeasance; (4) A failure to perform his duties in a professional and responsible manner consistent with generally accepted standards of the profession; (5) Conduct unbecoming the position of City Manager or likely to bring discredit or embarrassment to City, "Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. ^"-- ~-- EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 4 C. In the event City at any time during this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all employees of City, or in the event City refuses, following written notice, to comply with any other provision benefiting Employee herein, or Employee resigns following a formal suggestion by the City Council that he resign, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply, within the meaning and context of Paragraph B, above. Section 6: Outside Professionai Activities. Employee, with prior written approval of the City Council, may undertake outside professional activities for compensation, including consulting, teaching, speaking, and writing provided such activities do not interfere with Employee's normal duties and are not done with any existing vendors or contractors of City, Under no circumstances shall such outside activities create a conflict of interest with the duties of Employee and the interests of City. Section 7: SusDension. City may suspend Employee with full pay and benefits at any time during the term of this Agreement. Section 8: Frinae Benefits. City shall pay the Employee's cost for fringe benefits, including cost for dependents where applicable. Fringe benefits shall include, but not be limited to, medical, dental, vision, life insurance, long-term disability, contribution to International City Management Association deferred compensation plan and participation in the Public Employees' Retirement System. Section 9: Annual Leave. Employee shall be subject to the "Annual Leave" provisions of the City Personnel Regulations (Section XII.A.1.) with the following modifications: Employee shall accumulate Annual Leave at a rate as designated in Section XII.A.1.a.3. of the City Personnel Regulations. ---...----.--------- EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 5 Section 10: Automobile. Employee shall provide his own automobile. City shall provide Employee a $400 monthly automobile allowance. Employee shall receive no reimbursement for travel mileage within a fifty (50) mile radius of City; for any required City travel mileage outside the fifty (50) mile radius, Employee shall be reimbursed for mileage at the rate as set forth by the City Council. Section 11: Physical Examination. Employee may receive an annual physical examination at City's expense. Section 12: Other Terms and Conditions of Emplovment. City, in consultation with Employee. shall fix, in writing, any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement. the Arroyo Grande Municipal Code, or any applicable State or Federal law. Section 13: Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: EMPLOYER: City of Arroyo Grande P. O. Box 550 Arroyo Grande, CA 93421-0550 EMPLOYEE: Steven D. Adams 1597 Chilton Street Arroyo Grande, CA 93420 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or Cis of the date of deposit of such written notice in the course of transmission in the United States Postal Service, EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 6 Section 14: General Provisions. The text herein shall constitute the entire agreement between the parties. Any amendments to this Agreement must be in writing and executed by both parties. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. This Agreement shall become effective commencing November 26, 2002. If any provision, or any portion thereof. contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Arroyo Grande has caused this Agreement to be signed and executed in its behalf by its 1v1ayor, and duly attested by its Director of Administrative ServiceslDeputy City Clerk, and Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. _____.______.n_ EMPLOYMENT AGREEMENT - STEVEN D. ADAMS PAGE 7 EMPLOYEE: STEVEN D, ADAMS EMPLOYER: CITY OF ARROYO GRANDE By: MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO FORM: LYON & CARMEL By: TIMOTHY J. CARMEL CITY ATTORNEY 8.1. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE~ SUBJECT: CANCELLATION OF DECEMBER 24, 2002 CITY COUNCIL MEETING DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council cancel the regularly scheduled Council meeting of December 24th due to the holiday. FUNDING: There is no fiscal impact. DISCUSSiON: Past practice of the City Council has been to cancel the second regularly scheduled December meeting due to scheduling conflicts with the holidays. This is particularly a problem this year since the normal meeting date would be on Christmas Eve, AL TERNA TIVES: The following alternatives are provided for the Council's consideration: - Cancel the December 24111 meeting; - Reschedule the December 24th meeting; - Do not cancel the December 24th meeting; or - Provide direction to staff. -----..- 8.m. MEMORANDUM TO: CITY COUNCIL ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~ FROM: BY: RYAN FOSTEh, ASSISTANT PLANNER SUBJECT: ADOPTION OF ORDINANCE AMENDING THE ZONING MAP OF ARROYO GRANDE FROM GENERAL AGRICULTURE (AG) TO AGRICULTURAL PRESERVE (AP) FOR A 3.42-ACRE PARCEL LOCATED AT 871 EAST CHERRY AVENUE DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council adopt the attached Ordinance amending the Zoning Map of Arroyo Grande from General Agriculture (AG) to Agricultural Preserve (AP) for a 3.42-acre parcel located at 871 East Cherry Avenue relating to Development Code Amendment 02-003, applied for by the Gordon F. Dixson Trust. FUNDING: No fiscal impact. DISCUSSION: On November 12, 2002 the City Council introduced for first reading, without modification, an Ordinance to amend the Zoning Map of Arroyo Grande from General Agriculture (AG) to Agricultural Preserve (AP) for the 3.42-acre parcel located at 871 East Cherry Avenue, The Ordinance is now presented for second reading with the recommendation for adoption. AL TERNA TiVES: - Adopt the attached Ordinance; - Modify and adopt the attached Ordinance; - Do not adopt the attached Ordinance; - Provide direction to staff. ...~_.___ m.'_ _ "'--- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 02- 003, APPLIED FOR BY THE GORDON F. DIXSON TRUST WHEREAS, the City of Arroyo Grande Zoning Map indicates that the 3.42-acre parcel identified in the attached Exhibit "A", located at 871 East Cherry Avenue, is located in the General Agriculture (AG) zoning district; and WHEREAS, the applicant, Gordon F. Dixson Trust, has filed an application for Development Code Amendment 02-003 to amend the Zoning Map and designate the project parcel as Agricultural Preserve (AP); and WHEREAS, adoption of the proposed zoning designation would establish land use, development and design standards for the above described area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 02-003 at a duly noticed public hearing on October 15, 2002, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 02-003 at a duly noticed public hearing on November 12, 2002, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. The proposed zone change will satisfy Objective Ag3 of the Agriculture, Open Space & Conservation Element of the General Plan, which states "Current acreage of agricultural uses within Arroyo Grande's area of concern shall be maintained". B. The existing zone and proposed zone are both agricultural in nature, and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern, C. The proposed change of zone satisfies Section 16,28.020(B) of the Development Code, which states "The primary purpose of the AP district is to provide for and protect lands for which Williamson Act contracts have been or should be signed," ORDINANCE NO. PAGE 2 D. The proposed change of zone will preserve the property as agricultural land, and will have no potential environmental impacts. NOW, THEREFORE, BE iT ORDAINED that the City Council of the City of Arroyo Grande, California hereby adopts Development Code Amendment 02-003 amending a portion of the Zoning Map as follows: SECTION 1: The above recitals and findings are true and correct, SECTION 2: Development Code Section 16.24,020 is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by reference, SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative ServiceslDeputy City Clerk, Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption. "._-,~.._-_._- .. ORDiNANCE NO. PAGE 3 On motion by Council Member . seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this 26th day of November 2002. ORDINANCE NO. PAGE 4 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY ----._---- y / / / "'", / " ''''I / \ / / / / " / / / "...'''''- / " '", -0>;.' , / "<~d;x / " ~~ / / " .<; ~ / / ('I') 0 ~\ q ~ Ul'O ~\ G ~~C2 i UlUl~ (\) C)~_ E ~ttc;.. ~o.o. ~ O...l~ '. .. ~~ " <( " (\) en':) .. ~ 0':1 .. ~g ~ "".. t C2 (\) -'-0., ~ CO ~ - ....~ ~ <.) G u.l (\) E 0- 0 ~ ~ 0 8.n. MEMORANDUM TO: FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER Ih SUBJECT: CONSIDERATION OF A PROGRAM SUPPLEMENT AGREEMENT WITH CAL TRANS FOR THE EAST GRAND AVENUE - PHASE III, ELM STREET TO OAK PARK BOULEVARD, CAPITAL iMPROVEMENT PROJECT DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the Council: A. adopt the attached resolution authorizing the Mayor to execute Program Supplement Agreement No. 850 with Caltrans; and, B. direct the Director of Administrative Services to submit the executed Program Supplement Agreement No. 850 and authorizing resolution to Caltrans. FUNDING: The City was successful in securing $689,000 of State Transportation Improvement Program (STIP) funds for the East Grand Avenue - Phase III, Elm Street to Oak Park Boulevard, capital improvement project. DISCUSSION: The East Grand Avenue - Phase III project consists of grinding and overlaying the existing pavement, installing storm drain improvements, replacing and upgrading the existing water main and service laterals, replacing existing sewer laterals, and the installation of streetscape improvements between Oak Park Boulevard and Juniper Street. It is anticipated that construction will begin in Spring 2003 and be completed in Fall 2003. Before the City can begin invoicing for reimbursement of the work performed on any phase of a State funded project, a Program Supplement Agreement must be executed between the City and the State. A Program Supplement Agreement is a project-specific agreement that is incorporated into the general Master Agreement for State funded projects already entered into by the City and State in 1991. It formalizes the financial responsibilities and provisions for a specific State funded project. It identifies the reimbursable phase(s) of work in addition to the types and amounts of Federal, State and local funds used to finance the locally sponsored project. It is the contractual basis for the State to pay the local agency for work done. CITY COUNCIL CON SID ERA TION OF A PROGRAM SUPPLEMENT AGREEMENT WITH CAL TRANS FOR GRAND AVENUE - PHASE III, ELM STREET TO OAK PARK BOULEVARD, CAPITAL IMPROVEMENT PROJECT NOVEMBER 26, 2002 PAGE 2 A resolution that clearly identifies the official authorized to execute the Program Supplement Agreement must be attached to each Program Supplement Agreement in order to be fully executed. AL TERNA TIVES: The following alternatives are presented for the Council's consideration: - Approve staff's recommendations; Do not approve staff's recommendations; Modify as appropriate and approve staff's recommendations; or Provide direction to staff. Attachment: 1. Program Supplement Agreement No. 850 jep:232.5812\Phase 111\Grants\2002 STIP Streetscape-$250K\prog.supp.staff.report.wpd RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 850 TO ADMINISTERING AGENCY- STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 000199 FOR THE EAST GRAND AVENUE. PHASE III, ELM STREET TO OAK PARK BOULEVARD CAPITAL IMPROVEMENT PROJECT WHEREAS, the City and the State have entered into Administering Agency-State Agreement for State Funded Projects No. 0001990n August 2, 1999; and WHEREAS, Program Supplement No. 850 to the Administering Agency-State Agreement for State Funding Projects No. 000199 designates the State funds requested and the matching funds to be provided by the City of Arroyo Grande for all phases of work on the East Grand Avenue - Phase III, Elm Street to Oak Park Boulevard, capital improvement project; WHEREAS, the City of Arroyo Grande is eligible to receive State Transportation Improvement Program (STIP) funds for this project. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Arroyo Grande hereby: A. Approves Exhibit "A" attached, entitled "Program Supplement No. 850 to Administering Agency-State Agreement for State Funded Projects No. 000199" B. Appoints the Mayor as the official representative authorized to execute Program Supplement Agreement No, 850. 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 2002. --~- --.-- RESOLUTION NO. PAGE 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY PROGRAM SUPPLEMENT NO. 850 Date: October 22. 2002 to Location: 05-SLO-O-ARGD ADMJ:NJ:STERJ:NG AGENCY-STATE AGREEMENT Project Number:RPL-5199(018) FOR STATE FUNDED PROJECTS NO. 000199 E.A. Number:05-4AI384 Locode:5199 This PROGRAM SUPPLEMENT. effective 10/0312002. is hereby incorporated into the Administering Agency - State Agreement No. 000199 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 08/02199 and is subject to all the tenns and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project. it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCATJ:ON: City of AIroyo Grande TYPE OF WORK: Asphalt Concrete Overlay Estimated Cost State Funds Matching Funds STATE $16.000.00 LOCAL OTHER $16,000.00 $0.00 $0.00 $0.00 CJ:'l'Y OF ARROYO GRANDE STATE OF CALJ:FORNJ:A Department of Transportation By By Chief, Office of Project J:mplementato Date Division of Local Assistance Date Title I hereby certify upon IIU' personal knowledge that budgeted funds are available for this encumbrance; Accounting Offic V)11&11 Date jO-}2-0 L $16,000.00 . Chapter Statute. Item Fund Source AMOUNT 379 2002 2660-101-042 2002-2003 20. .620 S 262042 042-T 16,000.00 Program Supplement 00-0199-850- SE~AL Page 1 of 3 , 10/2212002 05-SLO-O-ARGD RPL-5199(018) SPEC:IAL COVENANTS OR REMARKS 1. STATE and ADM:IN:ISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limdted to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 2. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental << permits, plan specifications << estimate, and right-of-way components are available for expenditure until the end of the second fiscal year fOllowing the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADM:INISTER:ING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. 3. Upon ADMINISTER:ING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 4. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Program SUpplement 00-0199-850- SERIAL Page 2 of 3 ------- . 05-SLO-O-ARGD 10/22/2002 RPL-5199(018) SPECIAL COVENANTS OR REMARKS Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 5. The ADMINISTERING AGENCY shall invoice STATE for environmental & permdts, plans specifications << estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 6. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 7. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will cause delay in processing the invoices for the construction component. As a minimum, the award information should have the following: Project number, project description, PPNO, date the project was advertised, award amount, bid opening date, award date and estimated completion date. 8. This PROJECT is programmed to receive funding from the State Transportation Improvement Program (STIP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. Program Supplement 00-0199-850- SERIAL Page 3 of 3 8.0. MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J. CARMEL, CITY ATTORNE~ SUBJECT: CONSIDERATION OF APPROVAL OF DECLARATION OF ANNEXATION DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the Council approve the attached Declaration of Annexation making Lots 2, 3, and 4 of AGPL 01-052 subject to the Rancho Grande Covenants, Conditions and Restrictions ("Rancho Grande CC&R's") recorded on December 17,1986. FUNDING: No fiscal impact. DISCUSSION: As a part of the creation of Lots 2, 3, and 4 of AGPL 01-052 (formerly a portion of the Rancho Grande Park site), the Council directed staff to take all necessary steps to encumber the property with the same Rancho Grande CC&R'S applicable to surrounding properties, thereby ensuring consistency in development and use. The Rancho Grande Homeowners Association approved an amendment to the Rancho Grande CC&R's enabling this action. Approval of the Declaration of Annexation and subsequent recordation of the document will cause the three (3) lots to be subject to, and encompassed within, the general plan and scheme of the Rancho Grande CC&R's. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendation; - Do not approve staffs recommendation; or - Modify as appropriate and approve staffs recommendation. Attachment: Recording requested by: CITY OF ARROYO GRANDE When recorded mail to: Director of Administrative Services City of Arroyo Grande P.O. Box 550 Arroyo Grande. CA 93421 DECLARATION OF ANNEXATION This Declaration of Annexation by the City of Arroyo Grande, a California municipal corporation, hereinafter referred to as "Declarant," is made with reference to the following facts: A. Declarant is the owner of certain real property located in the City of Arroyo Grande, County of San Luis Obispo, State of California. more particularly described as Lots 2, 3 and 4 of Parcel Map AGPL 01-052 (sometimes hereinafter referred to as the "Property"), recorded in the Office of the Recorder of the County of San Luis Obispo, State of California, on , 2002, in Book _ of Maps at Page _. B. Declarant intends by this document to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of the owners of the Property, said mutually beneficial restrictions entitled "Rancho Grande Declaration of Covenants, Conditions and Restrictions" (the "CC&R's") having been previously recorded on December 17, 1986, as Document No. 83634 in the Official Records of San Luis Obispo County, California. C. This Declaration of Annexation was authorized in an Amendment to Rancho Grande Declaration of Covenants, Conditions and Restrictions (sometimes hereinafter referred to as the "Amendment to CC&R'S") recorded on June 18, 2002, as Document No. 2002049891. NOW, THEREFORE, Declarant hereby declares that: 1. Lots 2,3, and 4, of AGPL 01-052 shall be held, sold. leased, mortgaged, encumbered, rented. used, occupied. improved and conveyed subject to the CC&R's as defined above, for the purpose of enhancing and protecting the value and desirability of the Property and every part thereof. and which shall run with the Property and be binding on Declarant and its successors and assigns, and on all parties having or acquiring any right, title or interest in or to the Property or any part thereof, their heirs, successors and assigns. and shall insure to the benefit of each owner thereof. 2. Lots 2,3, and 4, of AGPL 01-052 shall be annexed to and shall become and constitute a part of the Project, as that term is defined in the Amendment to CC&R's, and be subject to, and encompassed within, the general plan and scheme of Rancho Grande, as set forth in the CC&R's. 3. The owners of Lots 2.3, and 4, of AGPL 01-052 shall have the same rights, duties, and obligations as the owners of lots within the Project. 4. The recordation of this Declaration of Annexation shall constitute and effectuate the annexation of the Property. IN WITNESS WHEREOF, the Mayor of the City of Arroyo Grande has executed this Declaration on this date and year, November 26, 2002. MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVESERVICESIDEPUTY CITY CLERK 9.a. CiTY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Arroyo Grande on the following item: REQUEST FOR AMENDMENT TO CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Applicant: Jeff Goldenberg, Beach Cities Cab Company, Inc. Proposal: The Council will consider a request from Beach Cities Cab Co., Inc. for a modification to its existing taxicab certificate to increase the number of taxicabs allowed to operate within the City from three (3) to ten (10). Representatives: Rick TerBorch, Chief of Police Kelly Wetmore, Director of Administrative Services/Deputy Clerk Any person affected or concerned about the proposal may submit written comments to the Director of Administrative Services/Deputy City Clerk before the City Council hearing, or appear and be heard in support of or opposition to the proposal at the time of the hearing. Any person interested in the proposal can contact the Administrative Services Department at 214 East Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5414 during normal business hours (8:00 a,m. to 5:00 p.m.). If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the Public Hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Date and Time of Hearing: Tuesday, November 26, 2002, 7:00 p.m. Piace of Hearing: Arroyo Grande City Council Chambers 215 East Branch Street ~ Arroyo Grande, CA 93420 . ... {)JJJr+lttWnz.....- Kelly W mor Director of Administrative Services/Deputy City Clerk Publish 1 T, November 15, 2002 -..--- MEMORANDUM TO: CITY COUNCIL FROM: RICK TerBORCH, CHIEF OF POLlC~ KELLY WETMORE, DIRECTOR OF ADMiNISTRATIVE SERVICES.J&.J SUBJECT: CONSIDERATION OF AMENDMENT TO CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - BEACH CITiES CAB COMPANY, INC. DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council 1 ) Conduct a public hearing; 2) Determine whether the public convenience and necessity require additional taxicabs operating within the City limits of Arroyo Grande; and 3) If such determination is made, adopt a Resolution approving an amendment to Beach Cities Cab Company's Certificate of Public Convenience and Necessity to allow a maximum often (10) taxicabs to operate within the City limits, subject to full compliance with all conditions of approval and requirements of Chapter 5.72 of Title 5 of the Arroyo Grande Municipal Code. FUNDING: City Council action on this matter will have no fiscal impact. DISCUSSION: Chapter 5.72 ofTitle 5 of the Arroyo Grande Municipal Code sets specific requirements for the issuance of certificates of public convenience and necessity to taxicab companies operating within the City limits of Arroyo Grande. Beach Cities Cab Company, Inc. ("Beach Cities Cab") received approval for the issuance of a Certificate of Public Convenience and Necessity from the City on June 13, 2000, to operate three cabs within the City. Currently, there are three taxicab companies operating within the City with Certificates of Public Convenience and Necessity. Those companies are Central Coast Taxicab Service (three cabs), Beach Cities Cab (three cabs), and Grover Beach Taxi (two cabs). Five Cities Taxi Service, previously owned by Mr. M.M. DeGroot, has been sold, no longer operates within the City, and has subsequently sold two of its vehicles to Beach Cities Cab. These two vehicles are in the process of being converted for use by Beach Cities Cab. ...------- CITY COUNCIL CONSIDERATION OF AMENDMENT TO CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - BEACH CITIES CAB NOVEMBER 26, 2002 PAGE 2 The City has received a request from Beach Cities Cab to amend its Certificate to allow up to a maximum of ten taxicabs. The City Council, in 2000, approved the operation of three taxicabs within the City limits of Arroyo Grande. Since that time, Beach Cities Cab has increased its fleet and now currently operates a total of seven taxicabs throughout San Luis Obispo County. Beach Cities Cab holds current business licenses and certificates in the Cities of Paso Robles, Atascadero, Morro Bay, San Luis Obispo, Grover Beach, Pismo Beach, Arroyo Grande, and the County of San Luis Obispo. Although the owner of Beach Cities Cab, Jeff Goldenberg, states he does not intend to have ten taxicabs operating at one time within anyone jurisdiction, he is requesting approval from all jurisdictions to allow up to a maximum of ten taxicabs, so that each cab is authorized to operate within each City. Additionally, in September 2002, South County Area Transit (SCAT) awarded a new contract to Beach Cities Cab to serve as the provider for the subsidized taxi program for senior and disabled citizens. The contract has a term of one year with the option for two (2) one-year renewals, The approval of this amendment will ensure that a sufficient number of taxicabs are available to respond to calls for service in a timely manner. Should the Council approve Beach Cities Cab's application, it will be required to immediately comply with the following: a) submit all additional vehicles for inspection by the Police Department; and b) obtain taxi driver permits from the Police Department for all new drivers prior to the issuance of the amended Certificate of Public Convenience and Necessity. Beach Cities Cab is currently in compliance with the City's insurance requirements and has a current taxicab rate schedule on file. ALTERNATIVES: The following alternatives are provided for Council's consideration: - Determine there is a public need for additional taxicabs in Arroyo Grande and adopt Resolution; - Find that there is no public need for additional taxicabs in Arroyo Grande and do not adopt Resolution; or - Provide direction to staff. Attachments: 1. Application letter from Beach Cities Cab; 2. Beach Cities Cab rate schedule; and 3. Municipal Code - Title 5, Chapter 5.72 "Taxicabs" RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CERTiFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED TO "BEACH CITIES CAB COMPANY, INC.", JEFF GOLDENBERG, OWNER WHEREAS, on June 13, 2000, Beach Cities Cab Company, Inc. ("Beach Cities Cab"), 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, Beach Cities Cab has requested that its Certificate of Public Convenience and Necessity be amended to allow a maximum of ten (10) taxicabs; and WHEREAS, a public hearing to consider the request for the modification to the Certificate of Public Convenience and Necessity was duly noticed and held on November 26, 2002; and WHEREAS, having received no substantial evidence at the public hearing upon which to deny this request, and finding no record of having received any complaints from customers/ridership during the timeframe that Beach Cities Cab has been in operation within the City limits, the City Council finds and determines that the public convenience and necessity warrants the requested amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the request to modify the conditions of the Certificate of Public Convenience and Necessity issued to Jeff Goldenberg, owner of Beach Cities Cab Company, Inc., subject to full and total compliance with the requirements of Title 5. Chapter 5.72 of the Arroyo Grande Municipal Code. BE IF FURTHER RESOLVED that if the conditions and requirements of the Arroyo Grande Municipal Code are not met by Beach Cities Cab, the amended Certificate of Public Convenience and Necessity will be revoked. AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of November, 2002. Resolution No. Page 2 MICHAEL A. LADY, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Beach Cities Cab Co., Inc. YOUR DESIGNATED DRIVER" P.O. Box 886 Pismo Beach, CA 93448 Toll Free 1-866-GO-CAB-GO (805) 543-1234 FAX (805) 787-0132 RECENED ATfN: Kelly WetMore OCT 2 4 11)02 FROM: Jeff Goldenberg DATE: October 22,2002 ARROYO GRANDE RE: Public Hearing ~DMINISTRATIVE SERVICES To solve some of the confusion with the different Taxi Companies that I own, and to .... solve some of the confusion with what I am requesting from you. I hope this makes it a little clearer for you. And hopefully saves you less paperwork. Usually the Five Cities Councils, and Police Departments, piggy back with San Luis Obispo Council and Police Department I am requesting from you to make an amendment, to my Certificate of Public Convenience and Necessity to read up to ten vehicles. Not that all ten vehicles will operate in Your City limits; but that if the need did occur, we would be following your Cities codes. A5 it is now, Beach Cities Cab Companies, Inc. is allowed to operate seven vehicles in the San Luis Obispo Cotmty. We service all of the individual Cities in the County. (Enclosed are all of the Business licenses) I am not asking for a transfer of any pennits or certificates. Beach Cities Cab Companies Inc. owns the names Five Cities Taxi and Five Cities Cab. I will use the name for advertising purposes, and for future use. All vehicles are registered to Beach Cities Cab. (Enclosed are the Copies of Current registrations) I will start forwarding all of the other Cities resolutions and Copies of Certificates. Thank you for your time and Patience, 1i;J~ Jeff Goldenberg President & Fotmder, Beach Cities Cab Companies, Inc. ^ 8J L.J ~ 0 w 8UJ:> > ...... ~ffi _ CI:) i? '" w '-'~ O ~ 01= >-<( W ;::.. Of: I'V 0 11:", .... z: 11:_ <2: ~ G - ~ =s c G>> Q) 0 en m '"0 .f Q) .. G>>" _ a QO a. .- ~ .. u I :>> ~ u i~ ~ ~ : \1'"0 . \I" a "Q) .. a~~" A. UI __ '" u ..0000 ...-~ an 0 0 0 ~":N.n~ i00~0 5.72.010 Chapter 5.72 "Driver" means every person in charge of. or operating, any passenger-carrying motor- TAXICABS propelled vehicle, either as agent, employee. or otherwise, of the owner, as the owner. or under Sections: the direction of the owner. 5.72.010 Definitions. "Driver's pennit" means a pennit issued by 5.72.020 Certificates of public the chief of police to an individual person convenience and necessity pennitting that person to drive a taxicab upon required. the streets of the city. 5.72.030 License taxes. "Owner" means and includes every person 5.72.040 Certificates of public owning or having the use or control of any convenience and taxicab. necessity-Transfer. "Rate card" means a card provided by the 5.72.050 Identifying colors and owner of a size and type to be specified by the insignia. city clerk for display in each taxicab, which 5.72.060 Periodic inspections-- card shall set forth the rates of fare then in Vehicle equipment and force. maintenance. "Street" means any piece of road commonly 5.72.070 Refusal to carry used for the purposes of public travel. passengers-Prohibition of "Taxicab" means a motor-propelled drivers. passenger-carrying vehicle used for the 5.72.080 Operating regulations-- transportation of passengers who direct the Direct routes. route to be traveled over the streets and not 5.72.090 Taxicab drivers-Permits. operated over a fixed route for compensation. 5.72.100 Taxicab drivers- Permits-Revocation. "Taxicab stand" means a public place 5.72.110 Public liability. alongside the curb of a street or elsewhere in 5.72.120 Rates of fare. the city which place has been designated by the 5.72.130 Taxicab stands. council as reserved exclusively for the use of a 5.72.140 Records and reports. holder of a certificate of public convenience 5.72.150 Rules and regulations. and necessity. (Prior code ~ 5-10.01) 5.72.010 Def"mitions. 5.72.020 Certificates of public For the purposes of this chapter, unless convenience and necessity required. otherwise apparent from the context, certain words and phrases used in this chapter are A. Applications. It is unlawful for any defined as follows: person to engage in the business of operating "Certificate" means a certificate of public any taxicab in the city without first having convenience and necessity issued by the obtained from the council a certificate of public council. convenience and necessity, All persons applying for such certificates shall file with the 154 5.72.020 council a verified application which shall set D. Detennination-Criteria. In detennining forth the following: whether the public convenience and necessity I. The name and address of the person require the taxicab service for which the making the application; application is made, the council shall 2. If, at the time of making the application, investigate and consider: such person is actually operating a taxicab I. The demand of the public for additional service in the city, the number of taxicabs taxicab service; owned and operated therein by the applicant: 2. The adequacy of the existing taxicab 3, The number of vehicles for which a service; certificate of public convenience and necessity 3. The fmancial responsibility and is desired; experience of the applicant; 4. The make, type, year of manufacture, 4. The number, make and type of the and passenger seating capacity of each taxicab equipment and the color scheme to be used; for which the application for such certificate is and made; 5. The effect which additional taxicab 5. A description of the proposed color service may have on traffic congestion and scheme, insignia, or any other distinguishing parking and whether such service will result in characteristics of the taxicab. In this respect, no a greater hazard to the public. two taxicab companies shall have the same E. Issuance. If the council shall, by color scheme; and resolution, declare that the public convenience 6. Such other information as the council and necessity require the additional taxicab may require. service, a certificate to that effect shall be B, Applications-Hearings. Upon the filing issued to the persons entitled thereto; provided, of the fully completed application for the however, the council may, at its discretion, certificate of public convenience and necessity, detennine the character and number of pennits the city clerk shall fix the time for a public to be granted to furnish necessary service; and, hearing thereon before the council for the provided, further, no certificate authorized purpose of detennining whether the public pursuant to the provisions of this chapter shall convenience and necessity require the proposed be issued to any person who shall not have taxicab service. No certificate shall be granted fully complied with all the necessary until the council shall, after the hearing, declare requirements of this chapter. by resolution that the public convenience and F, Existing Operations. The provisions of necessity require the proposed taxicab service, this section shaII not affect the number of C. Applications-Hearings-Notices, taxicabs operating with valid pennits on Notice of the time and place of the public September 13, 1973, hearing before the council shaII be published G. Cancellation. If the service pennitted once in a newspaper of general circulation in pursuant to the provisions of this chapter is for the city ten (10) days prior to the hearing. The any reason discontinued for a period of forty- cost of such publication shall be at the expense five (45) days, the certificate granted shall be of the applicant. automatically cancelled and shall be restored 155 5,72.030 only in accordance with the provisions of this by proper authority and applicable to such section, holder of the vehicles under his or her H. Sales and Transfers, If an owner sells or operation and control: provided, however, transfers title to a taxicab for which a certificate whenever any vehicle is placed in service after has been issued. or in the event a taxicab for the beginning of the calendar year, the tax for which a certificate has been issued has been such vehicle shall be prorated on a monthly destroyed, such owner shall be entitled, as a basis. (Prior code ~ 5-10.03) matter of right, upon written application to the council made within fifteen (15) days after 5.72.040 Certificates of public such sale. transfer or destruction. to have a new convenience and necessity- certificate issued. but for no greater number Transfer. than sold. transferred or destroyed, provided No certificate of public convenience and such owner has complied with all the necessity may be sold. assigned. mortgaged or provisions of this chapter. otherwise transfeITed without the consent of the I. Revocation and Suspension, The council council first had and obtained. (Prior code 5- may, at any time. revoke or suspend the 10.04) certificate granted on the following grounds or any of them: 5.72.050 Identifying colors and 1. If the owner's record is unsatisfactory; insignia. 2. If the owner fails to operate taxicabs in Each holder of a certificate of public accordance with the provisions of this chapter: convenience and necessity shall keep on file 3. If the owner discontinues or suspends with the city clerk a statement of the name operations of taxicabs for a period of thirty (30) under which he or she is doing business, the days without pennission first had and obtained; color scheme by which his or her taxicabs will and be marked and painted. and the insignia to be 4. If taxicabs are operated at a rate of fare carried on such taxicabs. Such color scheme other than that filed with the city clerk. and insignia shall conform to the application of J. Surrender. All certificates which shall have been suspended or revoked by the council the holder on file with the city clerk. All taxicabs operated by the holder of such a shall be surrendered to the city clerk. (Prior certificate shall be painted and marked in code ~ 5-10.02) accordance with the statement currently on file 5.72.030 License taxes. with the city clerk. No holder of a certificate shall file any statement of colors. markings or No certificate of public convenience and insignia which is the same as. or similar to, the necessity shall be issued or continued in colors. markings or insignia then currently on operation unless the holder thereof has paid an file by any other holder of a certificate. Each annual license tax as set forth in Section taxicab shall. in plain view on the exterior 5.08.130(1) of this code. Such license tax shall thereof. have the business name and address of be for the calendar year and shall be in addition the owner painted in letters at least one-half to any other license fees or charges established inch high. (Prior code ~ 5-10.05) 156 5.72.060 5.72.060 Periodic inspections-- Vehicle B, All persons engaged in the taxicab equipment and maintenance. business in the city operating pursuant to the Prior to the use and operation of any vehicle provisions of this chapter. shalI render an pursuant to the provisions of this chapter, such overall service to the public desiring to use vehicle shall be thoroughly examined and taxicabs. Holders of certificates of public inspected by the police department and found convenience and necessity shall maintain a to comply with all of the laws of the state and central place of business and keep the same the city and with such reasonable rules and open twenty-four (24) hours a day for the regulations for safety as may be prescribed by purpose of receiving calls and dispatching the chief of police or by the council. Every taxicabs. They shall answer all calls received vehicle operating pursuant to the provisions of by them for services inside the city as soon as this chapter shan be periodically inspected by they can do so, and if such service cannot be the police department every six months to rendered within a reasonable time, they shall insure the continued maintenance of safe then notify the prospective passengers how operating conditions. A fee, as established by long it will be before such call can be answered resolution of the city council, for each and give the reason therefor. Any holder who inspection shall be paid to the city. shall refuse to accept a call anywhere in the In addition, every vehicle operating pursuant city at any time when such holder has available to the provisions of this chapter shall be kept in taxicabs, or who shall fail or refuse to give a clean and sanitary condition, (Prior code ~ 5- overall service, shall be deemed a violator of 10.06) the provisions of this chapter. and the certificate granted shall be revoked at the 5.72.070 Refusal to carry discretion of the council. (Prior code ~ 5-10.07) passengers-Prohibition of drivers. 5.72.080 Operating regulations-- A. It shall be a violation of the provisions Direct routes. of this chapter for any driver of a taxicab to A. Any driver employed to transport refuse or neglect to convey any orderly person passengers to a definite point shall take the upon request unless previously engaged or most direct route possible which wilI carry his unable or forbidden by the provisions of this or her passenger to his or her destination safely chapter so to do. No driver of any taxicab shall and expeditiously. solicit business for any hotel or motel or B. No driver of any licensed taxicab shall attempt to divert patronage from one hotel or refuse any person prompt taxicab service in the motel to another. Neither shall such driver city at any time while such taxicab is on the engage in selling intoxicating liquor, nor in public streets ready for service. unless such transporting intoxicating liquor, except when taxicab is already engaged in the carrying of the same is in the possession of a passenger, one or more passengers or is enroute to answer nor solicit business for any house of ill repute, a calI for taxicab service; provided, further, nor use his or her vehicle for any purpose other nothing in this subsection shall require any than the transportation of passengers. owner or driver to furnish taxicab service to 157 5.72.090 any person under the influence of intoxicating necessary other than a ratification of change of liquor or narcotics or to any person who is employment. insane or who is a known criminal. B. Applicants for such pennits shall file C. Every driver, upon request, shall give a applications therefor with the chief of police. correct receipt for the amount of payment The application shall contain the following received. information, together with a fee, as established D. No driver of any taxicab shall accept, by resolution of the city council, and pictures take into his or her vehicle, or transport any of the applicant: larger number of passengers than the rates 1. The name, marital status, age, residence. covering the seating capacity of his or her last previous address, and the length of vehicle. residence at such last address and in the city; E, No driver shall pennit any taxicab to and remain standing in any established taxicab 2. The names and addresses to two stand, unless the taxicab is attended by a driver residents of the city acquainted with the or operator, except when assisting passengers applicant. to load or unload or when answering the Each application shall be accompanied by a telephone, certificate from a reputable physician certifying F. No driver shall carry any passenger that in his or her opinion the applicant is not other than paying passengers or persons inflicted with any disease or infinnity which authorized by or on company business. might make him or her an unsafe or G. Every driver shall stall times display his unsatisfactory driver. or her driver's pennit and picture in a C, No pennit shall be issued and a pennit conspicuous place in the taxicab which he or theretofore granted shall be revoked: she is operating. 1. If the applicant is under twenty-one (21) H. Any violation of the provisions of this years of age; section shall be cause for the revocation of the 2. If the applicant has not resided in the pennit of the driver guilty of such violation. county sixty (60) days immediately prior to (Prior code ~ 5-10.08) filing; 3, If the applicant does not possess a valid 5.72.090 Taxicab drivers-Pennits, Class C driver's license issued by the state; A. No person shall drive or operate any 4. If the applicant is a reckless driver or has taxicab in the city without having first obtained been convicted of reckless driving or driving a pennit in writing to do so from the chief of while under the influence of intoxicating liquor police or any person designated by him or her. or narcotics; Such pennit issued will entitle the driver to 5. If the applicant is guilty or has been work only for those persons whose names convicted of a felony or crime involving moral appear on the pennit. A new pennit will be turpitude: required for each subsequent employment; 6. If the applicant is not a fit and proper provided, however, no application shall be person to drive a taxicab; or 7. If the applicant violates any provision of this chapter. 158 5.72.100 D. All applicants for dri vers' permits shall 5.72.100 Taxicab drivers-Pennits- be fmgerprinted; and their applications will Revocation. then be considered by the chief of police and The chief of police may revoke or refuse to either granted or denied within thirty (30) days renew an operator's permit if the dri ver or unless, for good cause, time for further applicant has, since the granting of his or her consideration is needed. Before any application permit: is finally passed upon, the police department A. Been convicted of a felony or a crime shall conduct an investigation of the applicant. involving moral turpitude, pandering. using, E. Upon the approval of an application, the possessing, selling or transporting narcotics, or chief of police shall issue a driver's permit to imparting information for obtaining narcotics; the applicant, which permit shall bear the B, Been convicted of driving recklessly or name, address, race, and other identifying while under the influence of alcohol or characteristics of the applicant, including the narcotics; signature of the applicant. Such permit shal1 be C. Had his or her driver's license or fixed in a conspicuous place in the taxicab so chauffeur's license issued by the state revoked as to be seen from the passengers' or suspended; compartment. D. Had two or more convictions of F. If a driver changes his or her misdemeanor hit-and-run or speed violations, employment to a different owner, he or she as set forth in the Vehicle Code of the state, shall. within twenty-four (24) hours thereafter, occurring during any consecutive period not notify the chief of police for the purpose of exceeding twelve (12) months; or having his or her driver's permit changed so as E. Violated any of the provisions of this to properly designate the name of the new chapter. (Prior code ~ 5-10.10) employer. G. When issued, the driver's permit shall be 5.72.110 Public liability. valid for one year from the date of issuance. A. It is unlawful for any owner or operator unless the permit has been revoked for any of to drive or operate a taxicab or cause a taxicab the causes set forth in this section. The driver, to be driven or operated in the city; and no in making an application for a renewal of this license for the operation thereof shall be permit, shall follow the same procedure as set granted, unless and until there is on file with forth in making his or her original application, the city clerk, and in full force and effect at all except he or she shall not be fingerprinted or be times while such taxicab is being operated, a required to furnish a photograph. The applicant certificate of a policy of insurance, approved by shall pay the fee, as established by resolution of the city attorney. with a solvent and responsible the city council, for the issuance of the renewal company authorized to do business in the state, permit. (Prior code ~ 5-10.09) 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 159 5.72.120 such taxicab. or for any other cause. Such shall cause a schedule of rates to be policy shall have policy limits of not less than prominently displayed in each taxicab operated five hundred thousand dollars ($500,000.00) in the city. All charges fixed, charged or for the injury or death of one person and one collected for service shall be in accordance million dollars ($1,000,000.00) for the injury of with the rate schedules posted with the city two or more persons in the same accident and clerk; and it shall be unlawful for different one hundred thousand dollars ($100,000,00) for charges to be made therefor, injury or destruction of property. B. No schedule of rates shall be changed B. Such policy of insurance shall guarantee after the schedule has been posted except by the payment to any and persons suffering injury the owner filing a copy of the new schedule or damage to persons or property of any fmal with the city clerk. judgment rendered against such owner or C. If at any time the council believes that driver, within the limits set forth in subsection any presently in-force schedule of rates or A of this section, irrespective of the financial proposed scheduie of rates is or may be condition or any acts or omissions of such excessive, the council may notify the owner owner or driver, and shall insure to the benefit who filed such a schedule of the council's of such persons. intention to reduce rates and may order such C. If, at any time. such policy of insurance person to show cause why such rates should not is cancelled by the company issuing such be reduced. In such event the council shall policy, or if the authority of the company to do provide a hearing. The owner shall have the business in the swc shall be revoked, the city opportunity to present evidence at such clerk shall require the owner to replace such hearing. If, after hearing the evidence, the policy with another policy satisfactory to the council finds such rates to be excessive, the city attorney and file a certificate thereof, and council may then make an order setting forth in default thereof the owner's license to operate new and reduced maximum rates, In the same shall be revoked, manner the council may establish minimum D. All public passenger vehicles for bire rates. (Prior code ~ 5-10.13) shall be under the supervision and control of the chief of police; and he or she shall not 5.72.130 Taxicab stands. pennit any driver to operate any taxicab in the A. The council may designate taxicab city while the taxicab, or any equipment used stands on public streets for each holder of a thereof or therewith, shall be unsafe, defective, certificate of public convenience and necessity. or in any unsanitary conditions. Every taxicab which designation shall remain in effect until shall be at all times subject to inspection by any revoked by the council. police officer of the city. (Prior code ~ 5-10.12) B. No owner or driver of any taxicab shall park a taxicab on any public street in the 5.72.120 Rates offare. central traffic district for the purpose of A. The owner shall set his or her own rates soliciting business other than at the stands of fare, but he or she shall cause a copy of all designated by the council. rates to be filed with the city clerk and also 160 5.72.140 C. The taxicab stands shall be designated by alternating stripes. (Prior code ~ 5-10.14) 5.72.140 Records and reports. The holder of each certificate of public convenience and necessity shall keep accurate records of receipts from operations. operating and all other expenses, capital expenditures. and such other operating infonnation as nay be required by the council. Every holder of such certificate shall maintain the records containing such infonnation 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 Rules and regu1ations. The council may from time to time by resolution 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) 161 _n __ __ _._.__~._____._ 11.8. MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGERji1- SUBJECT: CONSIDERATiON OF RENEWAL OF AGREEMENT WITH AGP VIDEO FOR CABLECASTING SERVICES AND ESTABLISHMENT OF CITY GOVERNMENT CABLE CHANNEL OPERATING POLICY DATE: NOVEMBER 26, 2002 RECOMMENDATION: It is recommended the City Council approve the agreement with AGP Video for cablecasting services and the proposed City Government Cable Channel Operating Policy. FUNDING: There is no increase in the contract amount. The estimated annual cost of the agreement is $25,000. Revenue generated from the Public, Education and Government (PEG) Access Fund will fund these costs, DISCUSSION: At the December 11, 2001 City Council meeting, City Council approved a contract for cablecasting services with AGP Video to televise City Council meetings and assist in managing the City Government Access Channel. Public response to the televising of City Council meetings has been positive, Services provided by AGP Video have been good. The contract with AGP Video is due to expire at the end of December 2002. Staff recommends the contract be renewed, No changes have been made to the contract. Staff also recommends the City establish a formal policy on management of the Government Cable Channel in order to specify programming, scheduling, and other operational decisions, A copy of the recommended policy is attached, In addition to City Council meetings, the City's programming thus far has been limited to two programs on public safety topics, the event in memory of September 11th, and taping of the candidate forum provided by the Chamber of Commerce. A bulletin board providing information on City services, programs and activities runs continuously during times that programs are not being aired. CiTY COUNCIL AGREEMENT WITH AGP VIDEO FOR CABLE CASTING SERVICES NOVEMBER 26, 2002 PAGE 2 According to the proposed policy, the channel would be restricted to programming for City meetings, information, activities, public education, and City election candidate debates and forums, Programs on events sponsored by other organizations may be cablecast with prior City Council approval. The policy also addresses rebroadcasting of meetings and the City Council candidate forum. Currently, the City has been rebroadcasting City Council meetings three times a day the week following the meeting and the following Tuesday, Televising of the candidate forum was rebroadcast on a similar basis, The proposed policy would increase the replay of Council meetings by one day the week following the meeting, as well as additional broadcasts when there are more than two weeks between meeting days. It would also increase televising of the candidate forum to include each day the week prior to the election, as well as potential additional broadcasts depending upon when the forum is held, However, we have received a limited amount of feedback from individuals that believe the replay of programs should be increased, as well as those that feel programs are replayed too often, Therefore, this is a specific area that requires City Council direction regarding potential changes to the proposed policy. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve the proposed Agreement and policy; - Direct staff to renegotiate the proposed Agreement; - Approve the proposed Agreement and provide direction to staff on modifications to the policy; - Do not approve the Agreement and direct staff to issue a new Request for Proposals; - Do not approve the Agreement or policy and discontinue televising of meetings; - Provide direction to staff. Attachments: 1. Agreement with AGP for cablecasting services 2. Proposed City Government Cable Channel Policy ----~-- PROFESSIONAL SERVICES AGREEMENT This Agreement is made upon the date of execution, as set forth below, by and between the CiTY OF ARROYO GRANDE, a public body corporate and politic (THE "CITY"), AND AGP VIDEO, ("AGP VIDEO"), a general partnership formed under the State of California, The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.0 GENERAL PROVISIONS 1.01 TERMS: This Agreement will become effective on January 1, 2003 and will terminate on December 31, 2003. 1.02 EXTENSION: By mutual consent, upon written notification, the CITY may grant an extension to this Agreement under the same terms and conditions or with mutually agreed upon contract modification. 1.03 CONTRACT COORDINATION: a. CITY. The City Manager shall be the representative of CITY for all purposes under this Agreement. The City Manager, or his designated representative, hereby is designated as the Contract Manager for the CiTY. He shall supervise the progress and execution of this Agreement. b. AGP VIDEO. AGP VIDEO shall assign a single Contract Manager to have overall responsibility for the progress and execution of this Agreement for AGP VIDEO, Steve Mathieu is hereby designated as the Contract Manager for AGP VIDEO, Should circumstances or conditions subsequent to the execution of this Agreement require a substitute Contract Manager for any reason, the Contract Manager designee shall be subject to the prior written acceptance and approval of the CITY's Contract Manager. 2.0 SCOPE OF SERVICES AGP VIDEO agrees to perform or provide the following services: a. Gavel-to-gavel video production and broadcast services for all City Council meetings utilizing a minimum three-camera production system, predominantly using four cameras. Cameras with operators will be placed at either side of the room; a remotely operated camera at the back and to the east of the City Council dais; and a fourth camera at the front (window side) of the room. The camera layout may be modified as agreed by CITY and AGP VIDEO. b. AGP VIDEO shall supply all equipment and personnel, including, but not limited to tapes, lighting, materials, supplies and vehicles necessary to perform the services set forth in this Agreement. c. AGP VIDEO shall provide a minimum of three qualified personnel each meeting, predominantly utilizing a four-person crew. d. All reasonable effort on the part of AGP VIDEO shall be made to meetings live where technically infrastructured. Meetings shall be replayed during times specified by the CITY. Following the conclusion of each meeting, AGP VIDEO shall promptly set the equipment for cablecast. e. AGP VIDEO shall provide a master tape for cablecast, one copy for the CITY's records and one copy to the South County Library, f. Each cablecast meeting will open with a title segment that will include a character-generated identification of the meeting and the date. g. Upon request, AGP VIDEO shall provide technical assistance to CITY staff with regard to operation of the channel insertion and playback equipment. AGP VIDEO shall provide channel management and operations for Arroyo Grande Cable Channel 20. This shall include the programming of meeting tapes for replay, the scheduling of other tapes provided by the CITY, providing technical assistance to CITY staff as necessary on the community calendar and tape insertion process, and serving on-call 24 hours a day, 7 days a week for problems and emergencies. h. AGP VIDEO shall serve as the liaison with the cable operator concerning operation of the channel, including upgrades and maintenance, AGP VIDEO will facilitate identifying any equipment that needs to be repaired and the delivery of that equipment to a certified repair company. Cost of repairs shall be the responsibility of the cable operator or CITY. i. AGP VIDEO shall be responsible for all set up, teardown and connection of equipment and wiring for the video and audio elements of video production. j. All AGP VIDEO staff shall maintain a clean and professional appearance and camera staff should wear the AGP VIDEO uniform shirts during meeting times. k. The CITY has the right to request additional video production services from AGP VIDEO, which may include, but are not limited to, other meetings, special events and informational videos. Compensation for any additional video production services will be negotiated and agreed upon by both parties on a case-by-case basis, 3.0 COMPENSATION In consideration for the services to be performed, CITY agrees to pay AGP VIDEO the following: 2 a. Seven hundred dollars ($700.00) per meeting up to four hours in length. b. For any meetings in excess of fo.ur ho.urs, an overtime rate of thirty dollars ($30.00) shall be paid for each fifteen-minute period beyond the first three ho.urs o.f the meeting. c. Four hundred dollars ($400.00) per month for channel management. d, Fifty dollars ($50,00) per meeting for use of LCD projector/digital camera provided by AGP VIDEO, e. Forty-five dollars ($45.00) per hour fo.r additional technical and engineering consulting services provided by AGP VIDEO outside the scope of services set forth in this Agreement, as requested by CITY. 4.0 RESPONSIBILITIES OF AGP VIDEO 4.01 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and AGP VIDEO intend and agree that AGP VIDEO is an independent contractor and that the personnel leased by AGP VIDEO or any employees or agents of AGP VIDEO have no right to workers' compensation and other employee benefits from the CITY, AGP VIDEO agrees to provide workers' compensatio.n and other' emplo.yee benefits for AGP VIDEO's employees and agents and to. have the perso.nnel agency provide workers' compensation and other employee benefits for leased personnel as specified below. AGP VIDEO agrees to hold harmless and indemnify CITY from any and all liability, cost, or damage arising out of any claim for injury, disability, or death of AGP VIDEO's employees or agents, 4.02 INDEMNIFICATION: AGP VIDEO hereby agrees to, and shall, hold CITY, its elective and appointive bo.ards, officers, agents and employees, harmless and shall defend the same from any liability fo.r damage or claims for damage, or suits or actions at law o.r in equity which may allegedly arise from AGP VIDEO's or any of AGP VIDEO's employees' or agents' operations under this Agreement, whether such operations be by AGP VIDEO or by anyone or more persons directly o.r indirectly emplo.yed by, or acting as agent for, AGP VIDEO provided as follows: a. That CITY does not, and shall not, waive any rights against AGP VIDEO which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the deposit with CITY by AGP VIDEO, of any o.f the insurance po.licies hereinafter described. b. That the aforesaid ho.ld-harmless agreement by AGP VIDEO shall apply to all damages and claims for damages o.f every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations o.f AGP VIDEO or any agent or employee of AGP VIDEO regardless of whether or not such insurance policies shall have been determined to be applicable to any o.f such damages or claims for damages, 3 4,03 INSURANCE: AGP VIDEO shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance shall have been approved by CITY as to form, amount and carrier: a, Public Liabilitv and Property Damaae Insurance, AGP VIDEO shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees. and AGP VIDEO and any agents and employees performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise under this Agreement, whether such operations be by AGP VIDEO or by anyone directly or indirectly employed by AGP VIDEO and the amounts of such insurance shall be as follows: (1 ) Public Liabilitv Insurance. In an amount not less than (One Million Dollars ($1,000,000) for injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000) on account of anyone occurrence, (2) Property Damaae Insurance, In an amount of not less than One Million Dollars ($1,000,000) for damage to the property of each person on account of anyone occurrence. b. Comprehensive Automobile Liabilitv, Bodily injury liability coverage of One Million Dollars ($1,000,000) for each person in anyone accident and for injuries sustained by two or more persons in anyone accident. Property damage liability of One Million Dollars ($1,000,000) for each accident. c. Workers' Compensation Insurance. In the amounts required by law. d. Proof of Insurance. AGP VIDEO shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the modification or cancellation of any policy during the effective period of this Agreement. The certificate or policy of liability of insurance shall name CITY as an additional insured with AGP VIDEO. 4.04 LAWS TO BE OBSERVED. AGP ViDEO shall: a, Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by AGP VIDEO under this Agreement; b. Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in AGP VIDEO 4 ~----~..- performance under this Agreement, or the conduct of the services under this Agreement; c. At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; d. Immediately report to the CITY's Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement. 4.05 RELEASE OF REPORTS AND INFORMATION. Any video tape, reports, information, data, or other material given to, or prepared or assembled by, AGP VIDEO under this Agreement shall be the property of CITY and except as otherwise specified herein shall not be made available to any individual or organization by AGP VIDEO without the prior written approval of the CITY's Contract Manager, 4.06 COPIES OF VIDEO TAPES. REPORTS AND INFORMATiON, If CITY requests additional copies of videotapes, reports, drawings, specifications, or any other material in addition to what the AGP VIDEO is required to furnish in limited quantities as part of the services under this Agreement, AGP VIDEO shall provide such additional copies as are requested, and CITY shall compensate AGP VIDEO for the costs of duplicating of such copies at AGP VIDEO's direct expense. AGP VIDEO may sell copies of tapes to any individual or organization for a fee not to exceed $25.00. 5.00 OBLIGATIONS OF AGENCY/CITY 5.01 COOPERATION: CiTY agrees to comply with all reasonable requests of AGP VIDEO necessary to the performance of AGP VIDEO's duties under this Agreement. 6,00 TERMINATION OF AGREEMENT 6.01 TERMINATION OF NOTICE: Notwithstanding any other provision of this Agreement, any party hereto may terminate this Agreement, at any time, without cause by giving at least thirty (30) days' prior written notice to the other party to this Agreement. 6.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This Agreement shall terminate automatically on the occurrence of any of the following events: Bankruptcy or insolvency of any party; Sale of the business of any party; The end of the thirty (30) days as set forth in Section 6.01; End of the Agreement to which AGP VIDEO's services were necessary, or 5 Assignment of this Agreement by AGP VIDEO without the prior written consent of the CITY. 6,03 TERMINATION BY ANY PARTY FOR DEFAULT: Should any party default in the performance of this Agreement or materially breach any of its provisions, the non-breaching party, at its option, may terminate this Agreement, immediately, by giving written notice oftermination to the breaching party, 7.00 SPECIAL PROVISIONS 7,01 INTEREST OF AGP VIDEO: AGP VIDEO covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. AGP VIDEO further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed, AGP VIDEO certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, AGP VIDEO shall at all times be deemed an independent contractor and not an agent or employee of CiTY. 7.02 DISCRIMINATION: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person, If AGP VIDEO is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to AGP VIDEO the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of Califomia Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph, If AGP VIDEO is found in violation of the nondiscrimination provisions of this Agreement or the applicable affirmative action gUidelines pertaining to this Agreement, AGP VIDEO shall be found in material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to AGP VIDEO the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which AGP VIDEO is found to have been in such noncompliance as damages for said breach of contract, or both, 8.00 MISCELLANEOUS 8.01 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 6 -~--- 8.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. 8,03 ASSIGNMENT: This Agreement is specifically not assignable by AGP VIDEO to any person or entity. Any assignment or attempt to assign by AGP VIDEO, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to a right to terminate as set forth in Section 6.03, 8.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 8.05 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to any party to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: AGENCY/CiTY: Steven Adams City Manager CITY of Arroyo Grande P.O. Box 550 - 214 E. Branch Street Arroyo Grande, CA 93421 AGP VIDEO: Steve Mathieu 1600 Preston Lane Morro Bay, CA 93442 8.06 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this Agreement or any decision or holding concerning this Agreement arises, Venue for any action arising hereunder shall be in San Luis Obispo County, California, 8.07 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this Agreement. 8.08 SEVERABILITY: Should any provision of this Agreement be held by a court of competent jurisdiction or by a legislative or rule-making act to be either invalid, 7 void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 8.9 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or representations respecting the subject matter of this Agreement not expressly set forth or referred to in this Agreement are null and void, 8.10 TIME: Time is expressly declared to be of the essence of this Agreement. 8.11 DUE AUTHORITY: The parties hereby represent that the individuals executing this Agreement are expressly authorized to do so on and in behalf of the parties, 8.12 AMENDMENTS: Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement. Executed on at Arroyo Grande, California, CITY OF ARROYO GRANDE By: Michael A. Lady, Mayor ATTEST: By: Kelly Wetmore, Director of Administrative Services/Deputy City Clerk AGPVIDEO By: Steve Mathieu, Principal APPROVED AS TO FORM: By: Timothy J, Carmel, City Attorney 8 CITY OF ARROYO GRANDE GOVERNMENT CABLE CHANNEL OPERATING POLICY POLICY: It shall be the City's policy that the purpose of the Arroyo Grande Government Cable Channel is to cablecast meetings, programs and information on City government operations to educate the general public and encourage community involvement and access. PROCEDURE: A. Proqramminq The City Government Access Channel may be utilized for the following programming: 1. Gavel-to-gavel cablecast of all regularly scheduled City Council meetings, excluding closed sessions. 2. City Council budget study sessions. 3. Special City Council meetings determined to be appropriate to cablecast in order to provide information to the public and encourage public input and participation, 4, City Commission and Committee meetings directed by the City Council to be cablecast. 5, City sponsored events and activities, 6. Programs developed or purchased to provide public education on City programs, projects, activities, or public safety topics, 7, A bulletin board that shall provide the following information: a, City programs, services and projects, b. Contact information for City offices and officials, c. Schedule for Government Channel programming. d. General information about the community. e. Information about events solely sponsored or co-sponsored by the City. CITY GOVERNMENT CABLE CHANNEL OPERATIONS POLICY PAGE 2 8. City election candidate forums and debates that are sponsored by an outside, non-partisan and impartial group or organization and open to the community and all candidates, 9. Programs on general community events not sponsored by the City may be cablecast if approved by the City Council. 10. Emergency information. B. Restrictions 1. The City Government Access Channel shall not be used to broadcast programming to promote or publicize information and activities of specific groups, organizations, businesses or individuals, 2. Programming will not be used for the promotion of any elected official, candidate or ballot measure. The channel is exempt from providing equal opportunities to a candidate for time incumbents spend on the channel when performing the routine duties of their position, including participation at regular and special sessions of the City Council or other public meetings. 3. No obscene, indecent, libelous, slanderous or illegal material is allowed on the channel. 4. Programming will contain nothing that is in violation of any copyright laws. C. Responsibilities All programming and scheduling shall require the approval of the City Manager or his/her designee, Any programming that is not listed above shall require the prior approval of the City Council before being broadcast on the City Government Access Channel. D. Advertisinq and Sponsorships Programming and the City Bulletin Board shall contain no commercial advertising. The names of sponsors of a video program or City event may be shown in the end credits of the program or the bulletin board. E, Rebroadcast Schedulinq 1. City Council meetings shall be rebroadcast a minimum of three times a day each day for one week following the meeting day and a CITY GOVERNMENT CABLE CHANNEL OPERATIONS POLICY PAGE 3 minimum of three times during two days of the following week. Additional rebroadcasts shall be scheduled if there is more than a two-week period between meetings and programming time is available. 2. Rebroadcast of City Council candidate debates and forums shall be rebroadcast a minimum of three times a day for a two-week period and two times a day the week prior to the City Council election. Additional rebroadcasts will be scheduled if a programming time is available when official meetings are not being televised and the debate or forum is held more than three weeks prior to the election, 3, Broadcast schedules for public education programs prepared or purchased by the City shall be determined by the City Manager or his/her designee. 4, When determining rebroadcast schedules, emergency information shall have the highest priority. Official City meetings will have the second highest priority. Programming with a time sensitive nature will have third priority, All other programming will have fourth priority, 5. Rebroadcast schedules shall be announced on the City Government Channel bulletin board, In addition, broadcast schedules for any special programming shall be distributed in a press release announcement. F, Prooram Ownership All programming produced by the City, its officers and agents, is the sole property of the City. Programs produced by contract agents of the City become the sole property of the City and will not be sold or commercially distributed without the written permission of the City. G. Editino Official public meetings shall not be edited or be subject to editorial comment. Any programming prepared, originated or provided by a City Department may be modified or edited as appropriate. H, Incorrect Information Should human or mechanical error result in the cablecast of incorrect information over the channel, the City shall not be liable for the inaccuracy of transmitted information, CITY GOVERNMENT CABLE CHANNEL OPERATIONS POLICY PAGE 4 I. Channel Operatina Hours The City Government Access Channel shall be available to operate 24- hours per day, seven days per week if appropriate and resources permit. J. Back-up Tapes The City's contract cablecast service provider shall make a duplicate tape recording at the time of the original recording as a back-up. K. Retention of Tapes Videotapes shall not be considered the official record of public meetings. Videotapes are the property of the City of Arroyo Grande. Videotapes shall be retained according to the City's record retention schedule and/or State law. L. TaDe DUDlication The City's contract cablecast service provider shall provide copies of tapes to the public upon request and charge a fee authorized by the City.