Agenda Packet 2005-10-25
-"-- - ---~ -
CITY OF
City Council Agenda
Tony Ferrara Mayor Steven Adams City Manager
Joe Costello Mayor Pro Tern ~~L1FOR~.t Timothy J. Carmel City Attorney
Jim Dickens Council Member Kelly Wetmore City Clerk
Jim Guthrie Council Member
Ed Arnold Council Member ". ~ -
AGENDA SUMMARY
CITY COUNCIL MEETING
TUESDAY, OCTOBER 25, 2005
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: BOY SCOUT TROOP 489
4. INVOCATION: PASTOR ROBERT BANKER
OPEN DOOR CHURCH, OCEANO
5. SPECIAL PRESENTATIONS:
5.a. Presentation by Victoria Carranza. Arroyo Grande Hiah School Student
Representative to the Annual Leaaue of California Cities Conference October 5-8.
2005
5.b. Proclamation - "Character Counts" Week 2005
S.c. Proclamation - ConocoPhillips Santa Maria Refinery Celebratina Its 50th Year of
Operation
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 - OCTOBER 25, 2005
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments
should be limited to those matters that are within the jurisdiction of the City Council. The
Brown Act restricts the Council from taking formal action on matters not published on the
agenda. In response to your comments, the Mayor or presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not directed
to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group. The
recommendations for each item are noted. Any member of the public who wishes to
comment on any Consent Agenda item may do so at this time. Any Council Member may
request that any item be withdrawn from the Consent Agenda to permit discussion or
change the recommended course of action. The City Council may approve the remainder
of the Consent Agenda on one motion.
B.a. Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listings of cash disbursements for the period October 1
- October 15, 2005.
B.b. Consideration of Statement of Investment Deposits (KRAETSCH)
Recommended Action: Receive and file the report of current investment deposits as of
September 30, 2005. .
B.c. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special and Regular City Council
Meetings of September 13, 2005 as submitted.
B.d. Consideration of Authorization to Purchase Two (2) Replacement Police Department
Patrol Vehicles (TerBORCH)
Recommended Action: Authorize staff to purchase two (2) replacement Police
Department patrol vehicles from Mullahey Ford for $45,400.
B.e. Consideration of Approval of a One-Year Time Extension (Teime Extension Case
No. 05-003) for Amended Conditional Use Permit Case 03-004; 1220 Farroll Avenue;
Applied for bv Coastal Christian School (STRONG)
Recommended Action: Adopt Resolution approving a one-year time extension for
Amended Conditional Use Permit Case No. 03-004.
AGENDA SUMMARY - OCTOBER 25, 2005
PAGE 3
8. CONSENT AGENDA (cont'd):
8.1. Consideration of Approval of Aareement for Contractor Services Reaardina Tow
Services (TerBORCH)
Recommended Action: Approve Agreement for Contractor Services with Johnboy's
Towing, Inc., for two (2) years, beginning October 27,2005 through October 26,2007.
. 8.g. Consideration to Approye a Reyised Water Wheelina Aareement with the Oceano
Community Services District (OCSD) for the Christie Family Subdiyision
(SPAGNOLO)
Recommended Action: Approve a revised Water Wheeling Agreement with OCSD for
the Christie Family Subdivision and authorize the Mayor to execute the Agreement.
8.h. Consideration of Resolution Adoptina Public Works Fees and Service Charaes
(SPAGNOLO)
Recommended Action: Adopt Resolution approving the FY 2005-06 Public Works Field
Division Fees and Service Charges.
8.L Consideration to Reiect Bid for the Well No. 10 Phase I Proiect. PW 2004.07
(SPAGNOLO)
Recommended Action: Reject the bid from Maggiora Brothers Drilling Inc. for the Well
No. 10 Phase 1 Project, PW 2004-07 and direct staff to readvertise the project to solicit
bids.
8.j. Consideration of Acceptance of the Wilton Place PaYina Proiect. PW 2005-06
(SPAGNOLO)
Recommended Action: 1) Accept the project improvements, as constructed by Papich
Construction in accordance 'with the plans and specifications for the Wilton Place Paving
Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention
of $18.017.22, 35 days after the Notice of Completion has been recorded, if no liens have
been filed.
8.k. Consideration of Resolutions Establishina the City's Contribution Toward Health
Care Coveraae (ADAMS)
Recommended Action: Adopt Resolutions establishing the City's contribution towards
health care coverage for members of the Arroyo Grande Police Officers' Association
(POA), Arroyo Grande Career Firefighters, International Association of Fire Fighters Local
4403, and Service Employees International Union, Local 620.
8.1. Consideration of Acceptance of the Multi-Jurisdictional Local Hazard Mitiaation
Plannina Grant and Allocation of Fundina (SPAGNOLO)
Recommended Action: Accept the Multi-Jurisdictional Local Hazard Mitigation Planning
" (LHMP) Grant in the amount of $51,281.25 and approve the allocation of the City's
$17,093.75 (25%) portion.
8.m. Consideration of Salarv Adiustments for Manaaement Employees (ADAMS)
Recommended Action: Adopt Resolution approving salary adjustments for management
employees for FY 2005-06.
AGENDA SUMMARY - OCTOBER 25, 2005
PAGE 4
8. CONSENT AGENDA (cont'd):
8.n. Consideration of a Resolution Establishina a Salarv Ranae for a Part-Time
Associate Planner Position (ADAMS)
Recommended Action: Adopt Resolution establishing a salary range for a part-time
Associate Planner position.
8.0. Consideration of Chanae in Insurance Provider (Life. Accidental Dismemberment. and,
Disability) (ADAMS)
Recommended Action: 1) Approve a change in the City's insurance provider for life
insurance, accidental dismemberment, short-term disability, long-term disability, and voluntary
life insurance; and 2) Authorize the City Manager to execute all necessary documents to
implement the change.
9. PUBLIC HEARING:
9.a. Continued Public Hearina - Consideration of a Proposed Ordinance Amendina
Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Relatina to the
Community Tree Proaram (HERNANDEZ)
Recommended Action: The Parks and Recreation Commission recommends the City
Council introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code Relating to the Community Tree Program.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
None.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to the
other members regarding committees, commissions, boards, or special projects on which
they may be participating.
(a) MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORT A)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Other
(b) MAYOR PRO TEM JOE COSTELLO:
(1 ) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Fire Oversight Committee
(4) Other
AGENDA SUMMARY - OCTOBER 25, 2005
PAGE 5
12. CITY COUNCIL REPORTS (continued):
(c) COUNCIL MEMBER JIM DICKENS:
(1) South County Area Transit (SCAT)
(2) South County Youth Coalition
(3) Other
(d) COUNCIL MEMBER JIM GUTHRIE:
(1) Economic Vitality Corporation (EVC)
(2) Other
(e) COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA)
(2) California Joint Powers Insurance Authority (CJPIA)
(3) County Water Resources Advisory Committee (WRAC)
(4) 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) Request to provide direction to staff regarding an animal feeding ordinance.
(FERRARA)
b) Request to reconsider direction to staff to install temporary traffic improvements on
RanchoParkway. (GUTHRIE)
14. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to receive
feedback, and/or request direction from the Council. No formal action can be taken.
a) None.
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that are
within the jurisdiction of the City Council. The Brown Act restricts the Council from taking
formal action on matters not published on the agenda.
AGENDA SUMMARY- OCTOBER 25, 2005
PAGE 6
18. ADJOURNMENT
+++++++++
All staff reports or other written documentation relating to each item of business referred to on the
agenda are on file in the Administrative Services Department and are available for public inspection
and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by the Americans with Disabilities Act. To make a
request for disability-related modification or accommodation, contact the Administrative Services
Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date.
+++++++++
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2.
www.arroyoarande.ora
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Mayor's Commendation
, " Presented to " , ,
I Victoria. Carranza
.
For representing the City of Arroyo Grande at the
'Annual League of California Cities, Conference
October 5 - 8t 2005
Dated this 25th day of October, 2005
Tony Ferrara, Mayor
,5.b.
OF
t~CALIFOR~.
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Honorary Proclamation Recognizing
CHARACTER COUNTS! Week
October 16-22, 2005
WHEREAS, young people will be the stewards of our communities, nation and world in crItical
times, and the present and future well-being of our society requires an involved, caring citizenry
with good character; and
WHEREAS, more than ever, children need strong and constructive guidance from their families and
.their communities, including schools, youth organizations, religious Institutions and civic groups;
and
WHEREAS, the character of a nation Is only as strong as the character of its individual citizens,
and the pUblic good benefits when young people learn that good character counts in personal
relationships, in school and in the workplace; and
WHEREAS, scholars and educators agree that people do not automatically develop good character
and, therefore, conscientious efforts must be made by youth-Influencing InstItutions and
individuals to help young people develop the essential traits and characteristics that comprise
good character; and
WHEREAS, character development is, first and foremost, an obligation of families, though efforts
by faith communities, schools, and youth, civic and human service organizations also playa very
important role in supporting family efforts by fostering and promoting good characterj and
WHEREAS, an effective character education is based on core ethical values which form the
foundation of democratic society - trustworthiness, respect, responsibility, fairness, caring and
citizenship - and these "Six Pillars of Character" transcend cultural, religious and socioeconomic
differences; and
WHEREAS, the character and conduct of our youth reflect the character and conduct of socletyj
therefore, every adult has the responsibility to teach and model the core ethical values and every
social institution has the responsibility to promote the development of good character.
NOW THEREFORE, BE IT RESOLVED, that I, Tony M, Ferrara, Mayor of the City of Arroyo Grande, on
behalf of the City Council, and the citizens of Arroyo Grande do hereby proclaim the week of
October 16-22, 2005 as CHARACTER COUNTS! Week, and do hereby endorse the "Six Pillars of
Character" and encourage all citizens, corporate and individual, to model these traits of good
character in an ongoing commitment to promote character development and ethical behavior In
the youth of our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the City of Arroyo Grande to be affixed this 25" day of October, 2005, '.
,
TONY FERRARA, MAYOR
~,._~~-~--
5.c.
OF
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~\-?~, \1
HONORARY PROCLAMATION COMMENDING THE
CONOCOPHILLIPS SANTA MARIA REFINERY
ON ITS 50TH YEAR OF OPERATION
WHEREAS, The ConocoPhillips Santa Maria , Refinery was founded by Union Oil Company
in 1955; and
WHEREAS, The ConocoPhillips Santa Maria Refinery was established to process heavy
crude oil from the Santa Maria Valley; and
WHEREAS, in its half century of operation The ConocoPhillips Santa Maria Refinery has
expanded to find new and innovative ways to process products and aeate usable by
products from the refining process; and
WHEREAS, The ConocoPhillips Santa Maria Refinery has provided thousands of jobs for
generations of Central Coast residents and has been a good neighbor to the community,
donating time and funds to hundreds of local causes, including youth and education; and
WHEREAS, The ConocoPhillips Santa Maria Refinery has also reflected 'environmental
responsibility, continually reinveSting in facility upgrades to generate improvements in
air quality and other measures; and
WHEREAS, as environmental concerns have inaeased in the latter part of the century,
the refinery has stepped up to aSsume a leadership role in preserving the pristine
environment of the Nipomo Dunes; and "
WHEREAS, The ConocoPhillips Santa Maria Refinery has been a solid citizen and valued
member of the Arroyo Grande community contributing to the quality of life and
prosperity in OUr region,
NOW, THEREFORE, BE IT RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo'
Grande, on behalf of the City Council, do hereby commend The ConocoPhillips Santa
Maria Refinery on its SO'h year of operation.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Seal of the City of Arroyo Grande to be affixed this 25"' day of October 2005.
TONYFERRARA,MAYOR
8.a.
MEMORANDUM
TO: CITY COUNCIL ! .
FROM: ANGELA KRAETSCH, DIRECTOR bF FINANCIAL SERVICESAK
BY: FRANCES R. HE.~D, ACCOUNTINGSUPERVISO~
SUBJECT: CASH DISBURSEMENT RATIFICATION
DATE: ,OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period October 1 through October 15, 2005,
FUNDING:
There is a $682,034,24 fiscal impact. All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations, It is requested that the City Council approve these payments.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staff's recommendation;
. Do not approve staff's recommendation;
. Provide direction to staff.
Attachments:
,Attachment 1 - Cash Disbursement Listing
Attachment 2 - October 7,2005, Accounts Payable Check Register
Attachment 3 - October 14, 2005, Accounts Payable Check Register
Attachment 4 - October 14, 2005, Payroll Checks & Benefit Register
ATTACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
?..... tie 'Petti4d ~ O~ 1 7~ O~ 15, 2005
......,.........._..w..."..
October 25, 2005
Presented are the cash disbursements issued by the Department of Financial Services for
the period October 1 to October 15, 2005, Shown are cash disbursements by week of
occurrence and type of payment,
WEEK TYPE OF PAYMENT ATTACHMENT ' AMOUNT
October 8, 2005
Accounts Payable O<s 123268-123356 2 $ 123,350,00
$ 123,350.00
October 15, 2005
Accounts Payable O<s 123357-123459 3 $ 112,151,17
Payroll Olecks & Benefit Olecks 4 446,533,07
$ 558,684.24
1WO-WEEI( TOTAL '\ $ 682,034.24
U:\MSWORD\CITY COUNCIL FORMS\CASH DISBURSEMENT FORMS\CASH DISBURSEMENT SCHED wEXCEL WKS.doc
CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARTMENTS
EDEN COMPUTER SYSTEM
GENERAL FUND /010\ SPECIAL 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 Safetu (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
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ATTACHMENT 4
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
09/23/05 - 10/06/05 + SEIU RETRO
10/14/2005
FUND 010 399,671.67 5101 Salaries Full time 208,681.22
FUND 220 18,784.67 5102 Salaries Part-Time - PPT 25,477.31
FUND 284 - 5103 Salaries Part-Time - TPT 8,375.80
FUND 612 7,256.23 5105 Salaries OverTime 35,665.37
FUND 640 20,820.50 5107 Salaries Standby 371.86
446,533,07 5108 Holiday Pay 7,585.89
5109 Sick Pay 4,144.30'
5110 Annual Leave Buyback -
5111 Vacation Buyback -
5112 Sick Leave Buyback
5113 Vacation Pay 7,559.86
5114 Comp Pay 4,269.45
,5115 Annual Leave Pay 5,287.52
5121 PERS Retirement 71,238.52
5122 Social Security 21,218.37
5123 PARS Retirement 380,89
5126 State Disability Ins. 1,355.56
5127 Deferred Compensation 750,00
5131 Health Insurance 36,478.71
5132 Dental Insurance 4,652.76
5133 Vision Insurance 1,068.15
5134 Life Insurance 721.53
5135 Long Term Disability -
5143 Uniform Allowance -
5144 Car Allowance 875.00
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance 300.00
5149 Motor Pay 75.00
-
446,533.07
,
I ---,~
--.-
8.b.
MEMORANDUM
TO: CITY COUNCIL
ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES~
FROM:
BY: FRANCES R. HEAD, ACCOUNTING SUPERVISOR.@;
SUBJECT: STATEMENT OF INVESTMENT DEPOSITS
DATE: OCTOBER 25, 2005
Attached please find a report listing the current investment deposits of the City of Arroyo
Grande, as of September 30, 2005, as required by Government Code Section 53646 (b),
,
,
\
CITY OF ARROYO GRANDE
MONTHLY INVESTMENT REPORT
A~ ~ S~ 30. 2005
October 25, 2005
This report presents the City's investments as of September 30, 2005, It includes all
investments managed by the City, the investment institution, type of investment,
maturity date, and rate of interest, As of September 30, 2005, the investment portfolio
was in compliance with all State laws and the City's investment policy,
Current Investments:
r
The City is currently investing all short-term excess cash in the Local Agency
Investment Fund (LAIF) administered by the State Treasurer. This is a very high
quality investment in terms of safety, liquidity, and yield. The City may readily
transfer the LAIF funds to the City's checking account when funds are needed, At this
time, the City does not hold any other investments, The following is a comparison of
investments based on book values as of September 30, 2005, compared with the prior
month and the prior year.
LAIF INVESTMENT CURRENT PRIOR MONTH < PRIOR YEAR
Date: September, 2005 August, 2005 September, 2004
Amount: $ 11,315,999 $ 11,515,999 $ 11,700,000
Interest Rate: 3.32% 3.18% 1,77%
--~---
B.c.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 13, 2005
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:15 p,m, Council Member Dickens, Council Member
Guthrie, Council Member Arnold, Mayor Pro Tem Costello, City Manager Adams, and City Attorney
Carmel were present.
2. PUBLIC COMMENT:
None,
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code
Section 54956.8:
Property: APN: 006.095-002; Parcel Located on Valley Road
Agency Negotiator: Steven Adams, City Manager
Negotiating Party: John Taylor, Trustee, E, & E. Taylor Living Trust
Under Negotiation: Price, Terms and Conditions of Potential Purchase
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code
Section 54956,8:
Property: APN: 007-761-032; 1189 Flora Road
Agency Negotiator: Steven Adams, City Manager
Negotiating Party: Alton E. Jones
Under Negotiation: Price, Terms and Conditions of Potential Purchase
c. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957,6
Agency Negotiator: Steven Adams, City Manager
Unrepresented Employees: Management Employees
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:00 p,m,
MINUTES OF CITY COUNCIL SPECIAL MEETING
SEPTEMBER 13, 2005
PAGE 2
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
-
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 13,2005
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:13 p,m.
2. ROLL CALL
City Council: Council Members Dickens, Guthrie, Arnold, Mayor Pro Tem Costello, and
Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services/City Clerk Wetmore, Chief of Police TerBorch, Assistant City
Engineer Linn, Director of Financial Services Kraetsch, Director of Building
and Fire Fibich, Director of Community Development Strong, Associate
Planner Heffernon, Assistant Planner Foster, and Neighborhood Services
Coordinator Ansolbehere.
,
3. FLAG SALUTE
Danny Gregory and Gary Leight, representing Arroyo Grande Police Explorer Post #542, led the
Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, delivered the invocation,
5. SPECIAL PRESENTATION
5.a. Mayor's Commendation Recognizing Rachel Dewar - Huasna Valley 4-H.
Mayor Ferrara presented a Mayor's Commendation to Rachel Dewar in recognition of her 4-H
award for "Reserve Grand Champion" at the Santa Barbara County Fair,
5.b. Introduction of Tree Guild of Arroyo Grande and Presentation by Scott Dowlan.
Gary Scherquist introduced himself as the co-chair of the Tree Guild of Arroyo Grande,
Scott Dowlan introduced himself as a member of the Tree Guild of Arroyo Grande; announced
that there are approximately 30 members of the Tree Guild to date; gave an overview of the Tree
Guild's mission/purpose as well as its goals and objectives,
Kristen Barneich introduced herself as the other co-chair of the Tree Guild of Arroyo Grande and
invited members of the community to join the Tree Guild.
Mayor Ferrara thanked those that attended and stated he looked forward to working with the
Tree Guild.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only.
Council Member Dickens moved, Mayor Pro Tem Costello 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,
CITY COUNCIL MINUTES,
SEPTEMBER 13, 2005
PAGE 2
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Bob Lloyd, AGP Video, announced that AGP Video would begin televising Arroyo Grande
Planning Commission meetings,
B. CONSENT AGENDA
Council Member Arnold moved, and Council Member Dickens seconded the motion to approve
Consent Agenda Items 8,a, through 8.j" with the recommended courses of action, The motion
passed on the following roll-call vote:
AYES: Arnold, Dickens, Guthrie, Costello, Ferrara
NOES: None
ABSENT: None
B.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period August 16,2005 through
August 31, 2005.
B.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council and Regular City
CounciVRedevelopment Agency meetings of July 26, 2005, and the Regular City
Council/Redevelopment Agency meeting of August 9, 2005 as submitted.
B.c. Consideration of Rejection of Claim Against City - G. White.
Action: Rejected claim,
B.d. Consideration of Resolution Establishing the Position of Senior Office Assistant.
Action: Adopted Resolution No, 3874 Establishing a Job Description and Salary Range
for the Senior Office Assistant Position,
B.e. Consideration ,of a Resolution Approving FY 2005/06 Through, FY 2008/09
Memorandum of Understanding, (MOU) with the Service Employees International
Uriion (SEIU), Local 620.
Action: Adopted Resolution No. 3875 Adopting a Salary and Benefit Program for
Employees Represented by the Service Employees International Union, Local 620,
Arroyo Grande Chapter, and Repealing those Sections of Resolution No, 3695 Adopted
on July 8, 2003 Impacting Said Employees,
8.1. Consideration of Approval of Funding and Reimbursement Agreement and
Engineer's Report and Adoption of Resolution of Intention for Parkside Village
Assessment District.
Action: 1) Approved the Funding and Reimbursement Agreement and Engineer's
Report; and 2) Adopted Resolution No, 3876 Declaring an Intention to Form the Parkside
Village Assessment District.
B.g. Consideration of Authorization to Purchase an Interim Modular Office for the
Police Department.
Action: Authorized staff to purchase a 24x60 modular office from Design Space for a
delivered and installed cost of $51,789,69 to serve as interim office and storage space for
the Police Department.
B.h. Consideration of Approval to Purchase Replacement Meter Reading Equipment.
Action: Authorized the purchase of three (3) water meter interrogators and associated
equipment in the amount of $15,760.39.
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 3
B.i. Consideration of an Award of Contract to MGE Underground, Inc. for Construction
of the Sewer Lift Station No.1 Upgrade Project, PW 2005-02.
Action: 1) Awarded a contract for the construction of the Sewer Lift Station No, 1
Upgrade Project, PW 2005-02 to MGE Underground, Inc. in the amount of $557,700; 2)
Authorized the City Manager to approve change orders not to exceed the contingency of
$55,770,00 for use only if needed for unanticipated costs during the construction phase
of the project; and 3) Transferred $125,000 from the Sewer Facility Fund to the Sewer Lift
Station No, 1 Project.
B.j. Consideration of Acceptance of Public Improvements for 'Conditional Use Permit
03-001/Parcel Map AG 02-0446; Santa Lucia Bank.
Action: Adopted Resolution No, 3877 Accepting Certain Improvements Constructed as
Part of Parcel Map Ag 02-0446,
9. PUBLIC HEARINGS
9.a. Consideration of Use of State 2005-06 Citizens Option for Public Safety (COPS)
Funds,
Chief of Police TerBorch presented the staff report and recommended the Council approve the
expenditure of $100,000 as authorized by the State for law enforcement services under the
COPS Program, Chief TerBorch responded to questions from Council regarding the proposed
replacement and enhancement of the Police Department's base station radio communication
system; the status of future COPS funding; and clarification that COPS funds are not intended to
fund a permanent program,
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter. No public comments were received, and the Mayor closed the
public hearing.
Following Council comments in support of the Police Chief's recommendations, Mayor Pro Tem
Costello moved to approve the expenditure of $100,000 as authorized by the State for law
enforcement services under the COPS Program, and authorize the expenditure of $411,87
carried over from the City's FY 2004-05 COPS Program, Council Member Guthrie seconded,
and the motion passed on the following roll-call vote:
AYES: Costello, Guthrie, Dickens, Arnold, Ferrara
NOES: None
ABSENT: None
9.b. Consideration of Naming a Private Drive Located in Tract 2310 (Parkside).
Assistant Planner Foster presented the staff report and recommended the Council adopt a
Resolution naming the private drive located in Tract 2310 (Parkside) as "Glenbrook Way".
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter. No public comments were received, and the Mayor closed the
public hearing. (
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 4
Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE NAMING THE PRIVATE DRIVE LOCATED IN
TRACT 2310 (PARKSIDE) AS "GLENBROOK WAY". Council Member Arnold seconded, and the
motion passed on the following roll-call vote:
AYES: Guthrie, Arnold, Dickens, Costello, Ferrara
NOES: None
ABSENT: None
9.c. Consideration of Appeal of Planning Commission's Denial of Lot Line Adjustment
Case No. 05-001; 130 & 132 Short Street.
Associate Planner Heffernon presented the staff report and recommended the Council adopt a
Resolution denying the appeal and upholding the Planning Commission's decision,
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter,
Dave Sturaes, appellant, referred to the letter in the staff report (Attachment 5) from his attorney,
John Belsher, which he stated outlines legal issues related to the proposed lot line adjustment.
He gave an overview and history of the two properties; displayed a plot plan illustrating the
current configuration of the two parcels; displayed a plot plan illustrating the parcel configuration
with the proposed lot line adjustment; and presented an alternative plot plan based on
suggestions received by staff, He responded to statements in the staff report relating to the
Planning Commission's inability to make findings #5 and #7 for the proposed lot line adjustment
and stated that the reasons for denial are in conflict with the requirements of the City's Municipal
Code and Village Design Guidelines. He concluded-by stating he has provided three different
alternatives for a lot line adjustment and stated he was willing to pursue any of them,
Mike Stanton, land surveyor representing Mr. Sturges, stated he had reviewed the title history on
the properties and. had confirmed they are two separate legal parcels, He commented that lot
line adjustments are exempt from the Subdivision Map Act and read the relevant exemption
provision from the Act. He noted that Alternatives 2 & 3 which were presented by Mr, Sturges
meet the City's development standards with the exception of the garage, which was constructed
prior to the creation of the development standards, He stated that this proposal is consistent with
the goals of the City's General Plan and supported approval of the lot line adjustment.
Marv Maraaret Curzon, stated she lived next door to the lots under consideration and spoke in
support of the lot line adjustment.
No further public comments were received and Mayor Ferrara closed the public hearing.
In response to questions by Council Member Dickens, City Attorney Carmel clarified that lot line
adjustments are exempt from the provisions of the Subdivision Map Act; however, lot line
adjustments must conform with the local General Plan, zoning and building ordinances, He
referred to the City's Development Code section on Lot Line Adjustments which outline the
findings which must be made in the affirmative, He also clarified the proposed lot configuration
to be considered by Council tonight was the application which was considered by the Planning
Commission and which is the basis for the appeal.
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 5
Following clarification regarding the process and provisions for approving a lot line adjustment,
the zoning of the parcel, clarifying that only one proposed lot line adjustment configuration was
applied for and considered by the Planning Commission. Council Member Dickens stated that no
evidence was brought forth that merits reversal of the Planning Commission's decision to deny
the lot line adjustment application. He concurred that he would also have difficulty making
findings #5 & 7 and supported upholding the Planning Commission's decision,
Council Member Guthrie stated he supported the Planning Commission's decision, He
commented on emergency access issues regarding flag lots and stated that the proposal does
not meet the minimum requirements for flag lots, He indicated he would be inclined to deny the
project without prejudice,
Council Member Arnold stated that nothing was presented to warrant overturning the Planning
Commission's denial of the lot line adjustment application, He noted the applicant's proposal
would create two non-conforming lots and expressed concerns associated with not being able to
place conditions on the lot line adjustment and the potential for future development without
conditions of approval. He said he would recommend the applicant bring the issue back to the
Planning Commission to present his other alternatives; and supported denying the appeal.
Mayor Pro Tem Costello noted that the Council had to consider the original application and the
reasons the Planning Commission denied the application, He noted that the flag lot issue
needed to be addressed. He encouraged the applicant to return with a different proposal to
preserve the two structures, He stated he would uphold the Planning Commission's decision
and deny the appeal without prejudice,
Mayor Ferrara expressed concerns with the proximity of the properties to the Swinging Bridge,
the Nelson Green, and Heritage Square which have become the center of various civic and
recreational activities. He noted the potential benefits for a Planned Unit Development
application for the subject lot; noted that any activity on this property would have potential
negative impacts to the Arroyo Grande Creek; and encouraged the applicant to present other
alternatives. He supported denying the appeal without prejudice,
Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 05-004 AND
UPHOLDING THE PLANNING COMMISSION'S DENIAL OF LOT LINE ADJUSTMENT 05-
001; APPLIED FOR BY DAVE STURGES; LOCATED AT 130 AND 132 SHORT STREET", as
amended. to deny "without prejudice". Council Member Arnold seconded, and the motion passed
on the following roll-call vote:
AYES: Guthrie, Arnold, Dickens, Costello, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
10.a. Consideration to Approve a Water Wheeling Agreement with the Oceano
Community Services District (OCSD) for the Christie Family Subdivision.
- ---- ------- ------ -------- ------
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 6
Assistant City Engineer Linn presented the staff report Recommended Action: 1) Approve the
Agreement with OCSD for the Christie Family Subdivision and authorize the Mayor to execute
the agreement in a form approved by the City Attorney; and 2) Approve the proposed
modifications to the City's Policy regarding future requests to enter into Water Wheeling
Agreements.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
" matter.
Terrv Orton, Westland Engineering, spoke in support of the Water Wheeling Agreement on
behalf of the Christie family and noted that the proposed Agreement meets existing Arroyo
Grande water policy; clarified that OCSD has sufficient water to sell to the Christie Family
Subdivision; noted that the Arroyo Grande system has the capacity to transport (wheel) the
water; and confirmed that the subdivision to be served by the wheeled water meets the
requirements of San Luis Obispo County for domestic and fire water use,
Bob Christie, explained that a well sharing agreement with the other property owners was r;1ot an
option as they only had one share. He gave a PowerPoint presentation which highlighted Water
Wheeling Agreement approval issues between OCSD Community Services District, the City of
Arroyo Grande, and the Christie family; explained that the Agreement does not conflict with
Arroyo Grande's land use policy or Gen,eral Plan; explained that the Christie project meets all
requirements of the current Arroyo Grande Water Wheeling Policy; explained that this Water
Wheeling Agreement would not set a precedent for new growth; addressed concerns about how
often and for how long the State turns off its water flow for maintenance; noted that the Christie
Family maintains one share in the existing shared well agreement for emergency purposes; and
explained that no other local water sources are available as the well sharing agreement cannot
be expanded. He stated the Water Wheeling Agreement was their only remaining option and
summarized the benefits for approving the Agreement.
Mayor Ferrara asked what contingency the City has in place if, in a severe drought, OCSD does
not get its State water allocation, how it affects the Agreement. City Attorney Carmel responded
that indemnification provisions would be included in the Agreement to protect the City's interest
and that an alternative water supply would have to be provided by OCSD, Mayor Ferrara stated
he was more concerned with supply than with liability and that the City's first priority should be to
, its residents, City Attorney Carmel noted that the Christie Family retains one share in their
existing water well agreement, which could be used for emergency purposes,
Cvndee Christie, referred to email correspondence from OCSD Community Services District
General Manager, Mitch Cooney, regarding the District's approval of the Water Wheeling
Agreement for the Christie Family Subdivision and read it into the record (on file in the
Administrative Services Department), She also gave an overview (letter on file in the
Administrative Services Department) of her family's involvement in the Arroyo Grande
community; explained what their goals were with this request for a Water Wheeling Agreement;
explained that all possible alternatives for obtaining water were researched thoroughly; reiterated
that this Agreement is their last option; and requested the Council's support and approval of the
Agreement.
Mike Miller, representing Sateen Bhat, noted that the Bhat family is in the same position as the
Christies and the issue regarding the availability of Circle Two water remains unresolved, He
requested the Council leave the door open for the Bhat family to request a Water Wheeling
Agreement in the future if they are unable to resolve their water needs,
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 7
No further public comments were received and Mayor Ferrara closed the public comment period.
Council Member Guthrie acknowledged the limited infrastructure available in the City's fringe
areas. He commented on the County's requirement for an upgraded water service rather than a
well system, due to the insufficiency of past well agreements where wells have failed or there
have been water quality issues, He said he believed the County was looking for the development
of a complete water source. He stated that it was in the City's, the County's, and the
community's best interest that other water sources are developed, He was not in favor of the
Water Wheeling Agreement and stated that a separate water system should be developed, As
far as the issue regarding fire protection, Council Member Guthrie acknowledged this was a
separate issue and that the City should be working with the County to ensure that a fire
protection plan and appropriate infrastructure is available if City resources are utilized.
Council Member Arnold noted that OCSD has changed its policy with regard to future Water
Wheeling Agreements, and stated the proposed change in the City's policy regarding future
requests for Water Wheeling Agreements was appropriate. He said he looked at the existing
request as a fairness issue and felt that wheeling the water was not a violation of the current
policy, He supported approval of the Water Wheeling Agreement.
Council Member Dickens expressed concerns about providing municipal services to County
residents, He noted that the City is obligated to shut off the water if OCSD stops supplying water
and was concerned about the liability to the City. He felt that the reason the County was being
so stringent on water source requirements was because there are serious issues with water use
and well sharing, He said there is a need for a long term, reliable water source. He stated it
would be hard to be fair to the Christie family and not to the Bhat family, He spoke about
prudent fiscal responsibility and land use planning and stated he had difficulties with a policy of
providing municipal services to areas outside of the City. He stated that the parties should be
working with the County to explore other options and perhaps County conditions of approval may
need to be amended, He concluded by stating he would have to deny the request.
Mayor Pro Tem Costello acknowledged the concerns expressed about liability; however, he
noted that the Agreement includes the appropriate provisions to protect the City, He noted that
the existing policy does not prohibit approving the request; however, he would support amending
the policy for future requests, He stated he had no objections to approving the Water Wheeling
Agreement. He acknowledged the water problem in the community and acknowledged the need
to look at long-term fire protection capabilities in this area as mentioned by Council Member
Guthrie, He concluded by supporting the Agreement and the change to the existing policy as
proposed.
In response to Mayor Ferrara's question on the liability issue, City Attorney Carmel clarified that
the Water Wheeling Agreement is with OCSD and not the Christie family.
Mayor Ferrara expressed concerns that the Christies would rely on the wheeled water as a
primary source and cautioned the Christie family to consider the potential that OCSD could shut
off their water supply in a drought situation. He urged them to seek alternative long-term water
source solutions, He stated he could support the Agreement as amended to address the fact the
City is not supplying the water, it is only transporting the water; and if the City's current policy
regarding water wheeling agreements were amended as proposed.
CITY COUNCIL MINUTES
SEPTEMBER 13,2005
PAGE 8
Council Member Arnold suggested placing a provision in the Agreement for a deed restriction on
all the Christie parcels which would provide notice to potential purchasers that the City is only
wheeling the water and not providing the water.
Council Member Arnold moved to tentatively approve the revised Water Wheeling Agreement
with the Oceano Community Services District (OCSD) for the Christie Family Subdivision, as '
amended to include a provision requiring deed restrictions on all parcels stating that the City of
Arroyo Grande is not providing water to the parcels, but is only providing the infrastructure to
wheel the water from Oceano, Discussion ensued with regard to whether the Agreement would
be amended and approved in form by the City Attorney, and it was requested by the Council that
the revised Agreement be placed on the Consent Agenda at the next meeting for final approval.
Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote:
AYES: Arnold, Costello, Ferrara
NOES: Dickens, Guthrie
ABSENT: None
Council Member Arnold moved to approve the proposed modifications to the City's Policy
regarding water wheeling agreements for future requests to enter into water wheeling
agreements, Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call
vote:
AYES: Arnold, Costello, Dickens, Guthrie, Ferrara
NOES: None
ABSENT: None
11. NEW BUSINESS
11.a. Consideration of Procedures for Enforcement of Illegal Garage Conversions and
Secondary Units,
Neighborhood Services Coordinator Anso[abehere presented the staff report and recommended
the Council direct staff to proceed with the proposed "Notice of Violation" and Minor Use Permit
processes to address illegal garage conversions and illegal secondary residential dwellings. Staff
responded to questions from Council regarding the proposed program,
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter,
Steve Ross, Arroyo Grande, observed that the Fire Department has the ability to red tag a
structure if there were life/safety issues or violations; commented on the proposed time of sale
certificate of compliance program and acknowledged the staff time and effort to implement the
program; and suggested that a monetary fine could be issued for a violation, and that if there is
no compliance, a lien can be filed on the property.
No further public comments were received and Mayor Ferrara closed the public comment period,
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 9
Council Member Dickens noted that there was a need to balance the health and safety of the
community with staff resources necessary to deal with enforcement issues, He also commented
that the City is already taking a lot of the steps to help property owners meet Code compliance,
He favored implementing more stringent regulations down the road, starting with the proposed
Notice of Violation process, He stressed the need to be community friendly, but to hold people
accountable for health and safety issues,
Council Member Arnold supported the proposed program and suggested more clearly defining
how violations are identified and prioritized for enforcement. He also favored the time of. sale
certificate of compliance program and suggested moving forward with implementing the
program,
Council Member Guthrie commented on the importance of tracking life/safety violations, He
expressed concern with conducting the program on a complaint driven basis when it is known
how many violations exist. He suggested including specific criteria for how illegal garage
conversion and secondary unit violations are identified, He agreed the time of sale certificate of
compliance program was a good idea, and noted the City has a similar program in place with the
water conservation retrofit program, He supported moving forward with the program as
proposed,
Mayor Pro Tem Costello acknowledged this as a positive step and stressed the need to continue
to be vigilant with life/safety issues, He suggested further investigation of the certificate of
compliance program to see what is involved to implement it. He suggested talking to members of
the real estate community to determine the impact of such a program on the sale of property, He
supported moving forward with the program as proposed.
Mayor Ferrara stated that the City needs to be more definitive as to what is a hazardous
life/safety situation versus what is not a hazardous life/safety situation, He would also like to see
a brochure to educate the public about what constitutes illegal garage conversion and illegal
secondary dwelling unit violations, including descriptions, consequences, how to fix the violation,
etc, He would like the City to take a more proactive approach with a rigorous public outreach
and education program, including information in the City newsletter and water bill inserts,
Council Member Arnold suggested the creation of an informational video explaining the program
to broadcast on the City's government access channel.
Council Member Dickens moved to direct staff to proceed with the proposed "Notice of Violation"
and Minor Use Permit processes to address illegal garage conversions and illegal secondary
residential dwellings, and to direct staff to work on increased public
notification/education/outreach efforts including brochures and video, and to research the time of
sale certificate of compliance program, Council Member Arnold seconded, and the motion
passed on the following roll-call vote:
AYES: Dickens, Arnold, Guthrie, Costello, Ferrara
NOES: None
ABSENT: None
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 10
12. CITY COUNCIL MEMBER ITEMS
a. ' Request for staff to prepare traffic model projections for closure of the
Halcyon/Brisco Road off ramp, (GUTHRIE)
Council Member Guthrie referred to the City's Traffic Model and the Hwy 101/Brisco/Halcyon
Project Study Report (PSR) and proposed using the Traffic Model to prepare various traffic
model scenarios and projections based on a closure of the northbound Highway 101 off ramp at
Brisco Road. Discussion ensued regarding the existing 101 /Brisco/Halcyon PSR, as well as
( traffic studies in general, Caltrans jurisdiction over the off-ramp, and consensus from the Council
, to pursue this suggestion was not reached, However, Mayor Ferrara suggested that he could talk
to the Caltrans representative at the next SLOCOG Executive meeting to see if Caltrans would
come to a Council meeting to provide their perspective on the issue as an informational item,
The Council concurred with the Mayor's suggestion,
13. CITY MANAGER ITEMS
a. Update on Post Office Relocation.
City Manager Adams reported that the United States Postal Service has decided to relocate the
Arroyo Grande Post Office to 160 Station Way, He indicated that while this was not the ideal
location, it was the best of the three locations proposed by the U.S, Postal Service, While the
Council did not wish to formally appeal the decision, staff was directed to prepare a letter to the
Postal Service expressing concerns regarding site selection as it relates to available parking,
internal traffic circulation, and traffic safety issues at Station Way and Traffic Way,
14. COUNCIL COMMUNICATIONS
Mayor Ferrara acknowledged the community involvement and response to the Central Coast
Hurricane Relief Drive. He thanked Linda and Chuck Fellows and Kristen Barneich for their
participation and thanked the community for its tremendous support for the relief effort.
15. STAFF COMMUNICATIONS
City Manager Adams announced that the Annual Harvest Festival was coming up on Friday,
September 23'd and Saturday, September 24th,
16. COMMUNITY COMMENTS AND SUGGESTIONS
None,
17. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ferrara adjourned the
meeting at 11: 11 p.m,
CITY COUNCIL MINUTES
SEPTEMBER 13, 2005
PAGE 11
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
8.d.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: RICK TerBORCH, CHIEF OF POLICE
SUBJECT: CONSIDERATION OF AUTHORIZATION TO PURCHASE TWO (2)
REPLACEMENT POLICE DEPARTMENT PATROL VEHICLES
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended that the City Council authorize staff to purchase two (2) replacement
Police Department patrol vehicles from Mullahey Ford for $45,400,
FUNDING:
The FY 2005-06 Police Department Budget includes $72,700 for the purchase of two
replacement patrol vehicles. The recommended purchase price is $45,400, Additionally,
there will be a cost of approximately $25,200 for the acquisition and installation of
emergency equipment including new in-car video systems, which is included in the
budgeted amount. This, combined with the purchase of the vehicles, is $2,100 under the
amount approved in the budget for the acquisition of the patrol vehicles,
DISCUSSION:
In adopting the FY 2005-06 City Budget, the City Council authorized the replacement of
two Police Department marked patrol vehicles, Replacement vehicles are to be full-size
sedans, which comply with the California Highway Patrol (CHP) specifications for patrol
yehicles, The current CHP specifications are for the 2006 Ford Crown Victoria,
Staff received bids from three (3) dealerships that regularly supply police vehicles that
meet the CHP specifications, All three submitted bids for two (2) 2006 Ford Crown Victoria
Police Interceptors that comply with CHP specifications, The bids are as follows:
Comoanv Cost
Mullahey Ford, Arroyo Grande $45,400.00
Downey Ford, Downey $45,768.52
Downtown Ford, Sacramento $52,978.07
------. ~--~-_._~_._~-~---- -. -.----
CONSIDERATION OF AUTHORIZATION TO PURCHASE TWO (2) REPLACEMENT
POLICE DEPARTMENT PATROL VEHICLES
OCTOBER 25, 2005
PAGE 2
All bids include a three year, 36,000 mile warranty (the Police Department currently
participates in the Ford Quality Fleet Care Maintenance Program), Mullahey Ford has
supplied police vehicles to the City in the past and currently performs all factory service on
the Police Department's Ford fleet.
The budgeted amount also includes the acquisition of new emergency light systems and
new in-car video systems and the installation of emergency equipment, including sirens,
protective screens, radios, secured weapons racks, etc, (the City Council previously
approved the purchase of the new in-car video systems on July 26, 2005), Upon factoring
in the acquisition and installation of the emergency equipment (approximately $25,200), the
total cost to purchase and equip the new patrol vehicles is $70,600,
These vehicles are standard fuel (gasoline) vehicles, There are currently no alternative
fuel vehicles which meet CHP specifications for emergency response patrol cars,
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation;
- Reject bids and direct staff to solicit additional bids;
- Reject bids and provide further direction to staff; or
- Do not approve staff's recommendation,
Attachment: Quotation Evaluation Summary
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,- --~-----
8.e.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
BY: JIM BERGMAN, ASSISTANT PLANNER 0 ~
SUBJECT: CONSIDERATION OF A ONE-YEAR TIME EXTENSION (TIME
EXTENSION CASE NO. 05-003) FOR AMENDED CONDITIONAL USE
PERMIT 03-004; 1220 FARROLL AVENUE; APPLIED FOR BY
COASTAL CHRISTIAN SCHOOL
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution, approving a .one-
year time extension for Amended Conditional Use Permit 03-004,
FUNDING:
No fiscal impact to the City's General Fund,
DISCUSSION:
Coastal Christian School has been operating within the City of Arroyo Grande since
August of 1989, For the past ten years, the school has been in the process of relocating
to a site outside of the City of Arroyo Grande. Relocation efforts have been delayed due
to annexation issues related to the project. The City Council approved Amended
Conditional Use Permit 03-004 on November 11, 2003 and authorized the continued
use of temporary classrooms with specific conditions of approval related to safety and
length of occupancy, These conditions included the installation of two fire hydrants and
annual time extensions, At this time, all conditions of approval have been met and the
first time extension was granted by the City Council on February 22, 2005,
Extensions of time may be granted only if it is found that there have been no significant
changes in the General Plan, Municipal Code, or character of the area within which the
project is located that would cause the approved project to be injurious to the public
health, safety or welfare,
On October 4, 2005, the Planning Commission adopted a Resolution recommending the
City Council approve Time Extension 05-003 for Amended Conditional Use Permit 03-
004, If this time extension is granted, the applicant may apply for one additional time
extension, pursuant to Development Code Section 16,12.140.
CITY COUNCIL
CONSIDERATION OF A ONE-YEAR TIME EXTENSION (TIME EXTENSION CASE
NO. 05-003) FOR AMENDED CONDITIONAL USE PERMIT 03-004; 1220 FARROLL
AVENUE; APPLIED FOR BY COASTAL CHRISTIAN SCHOOL
OCTOBER 25, 2005
PAGE 2
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the attached resolution approving the time extension of the Conditional
Use Permit and Variance;
- Modify as appropriate and adopt the attached resolution;
- Continue the item and direct staff to prepare an alternative resolution to deny the
extension;
- Provide direction to staff,
Attachment:
1, Letter from applicant requesting a Time Extension
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A ONE-YEAR TIME
EXTENSION (TIME EXTENSION CASE NO. 05-003) FOR
AMENDED CONDITIONAL USE PERMIT 03-004; 1220
FAR ROLL AVENUE; APPLIED FOR BY COASTAL
. CHRISTIAN SCHOOL
WHEREAS, the City Council of the City of A~royo Grande has considered a request for a
one-year time extension for Amended Conditional Use Permit 03-004 for the operation of
temporary classrooms, applied for by Coastal Christian School; and
WHEREAS, the City Council of the City of Arroyo Grande approved Amended Conditional
Use Permit 03-004 on November 11, 2003; and
WHEREAS, the City Council of the City of Arroyo Grande approved Time Extension 05-
002 on February 22, 2005; and
WHEREAS, on October 4, 2005, the Planning Commission of the City of Arroyo Grande
approved a Resolution recommending the City Council approve a one-year time
extension for Amended Conditional Use Permit 03-004; and
WHEREAS, the City Council finds, after due study and deliberation, that there haye been
no significant changes in the General Plan, Municipal Code or character of the area within
which the project is located that would cause the approyed project to be injurious to the
public health, safety, or welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande approves a one-year time extension for Amended Conditional Use Permit 03-
004, with the above findings and subject to the conditions as set forth in Exhibit "An
attached hereto and incorporated herein by this reference. Amended Conditional Use
Permit 03-004 shall expire on August 19, 2006,
.
On motion of Council Member , seconded by Council
Member . and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 25th day of October, 2005,
RESOLUTION NO.
PAGE 2 OF 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 3 OF 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
TIME EXTENSION 05.003
GFNFRAI CONI)ITIONS
This approval authorizes a one-year time extension for Amended Conditional Use Permit
03-004, which was originally approved by the City Council on August 19, 2003, and allows
the continued operation of temporary classrooms,
1, The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action, The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition,
2, The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3, The applicant shall comply with all conditions of approval for Time Extension 05-
003, Amended Conditional Use Permit 03-004, Amended Conditional Use Permit
89-459 and Conditional Use Permit 89-459.
4, This Time Extension shall automatically expire on August 19, 2006, The applicant
may apply for one additional time extensions, pursuant to Development Code
Section 16.12.140,
5, The project shall comply with State requirements for occupancy limits and
accessibility,
. --.-.---
, ,
,- ATTACHMENT 1
COASTAL CHRISTIAN SCHOOL
1220 FARROll AVENUE
ARROYO GRANDE, CA 93420
August 3, 2005 Telephone 805-489-1213
FAX 805-489-5394
Rob Strong, Community Development Director
City of Arroyo Grande
214 E Branch
Arroyo Grande, CA 93420
RE: Time Extension of CUP 03-004
Dear Mr, Strong,
Thank you for your time, This letter is a request to extend oUr Conditional Use Permit 03-
004 for the 2005-06 school, as stated in "Exhibit A" of the General Conditions of
Approval.
Our current enrollment for the 2005-2006 school year is 185 students, We do not expect
to go above 213 for the entire year,
Thank you in advance for your ,cooperation,
, RECEIVED
?,UG 0 3 2005
CllY OF ARROYO GRANDE
COMMUNllY DEVELOPMENT
~ Our school is . member oflhe
Association of Christian Schools International.
.-----
8.f.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: RICK TerBORCH, CHIEF OF POLICE ..r", C.o.jl
SUBJECT: CONSIDERATION OF APPROVAL OF AGREEMENT FOR
CONTRACTOR SERVICES REGARDING TOW SERVICES
DATE: OCTOBER 25, 2005
RECOMMENDATION:
Staff recommends the City Council approve the Agreement for Contractor Services
regarding tow services with Johnboy's Towing, Inc., 2091 21st Street, Oceano, for two (2)
years, beginning October 27, 2005 through October 26,2007,
FUNDING:
There is no fiscal impact. Fees are the responsibility of the party whose vehicle is towed.
The City is under no obligation to compensate the towing vendor.
DISCUSSION:
The City has historically awarded an Agreement for Contractor Services to a local tow
company for a two (2) year period (see Attachment "A"), The purpose of the agreement is
two fold, First, the agreement sets forth the procedures and responsibilities for the tow
company when responding to Police Department requests for towing and related services.
Second, the agreement establishes uniform fees for the towing and storage of vehicles
conducted by a tow company at the direction of the Police Department. This protects
those persons who have their vehicles towed under Police Department direction from
incurring unreasonably high and/or inconsistent towing and storage charges. The current
towing agreement expires on October 26, 2005,
The Police Department recently requested new bids for the Agreement for Contractor
Services regarding tow services from eight (8) South County towing companies (see
Attachment "B" - List of Potential Bidders), Four (4) companies responded with a bid,
These companies are Central Coast Towing, 2160 Nipomo Street, Oceano; College
Towing South, 94 Atlantic City Avenue, Grover Beach; Kautz Towing, 983 S. 4th Street,
Grover Beach; and Johnboy's Towing, 2091 21st Street, Oceano,
All four bidders met the bid specifications, Upon comparing the bids, Johnboy's Towing
had the lowest bid for towing, and was the second lowest bidder in two of three categories
of storage with the bid for inside storage being equal among the other three bidders, It
should be noted that the low bidder for storage was the highest bidder for towing. (See
Attachment "C" - Bid Summary).
---'
CITY COUNCIL
CONSIDERATION OF APPROVAL OF AGREEMENT FOR CONTRACTOR SERVICES
REGARDING TOW SERVICES
OCTOBER 25, 2005
PAGE 2
Given the comparison of the bids, it is recommended that Johnboy's Towing, Inc, receive
the new Agreement for Contractor Services.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve staff's recommendation; or
- Do not approve staff's recommendation and direct staff to seek further bids,
Attachments:
Attachment "A" - Agreement for Contractor Services
Attachment "B" - List of Potential Bidders
Attachment "C" - Bid Summary
\..
Attachment "A"
AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of 2005, between TOW SERVICE
PROVIDER ("CONTRACTOR"), a California Corporation and the CITY OF ARROYO
GRANDE, a Municipal Corporation ("CITY"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on , 2005 and shall remain and
continue in effect until ,2007, unless sooner terminated pursuant to the provisions
of this Agreement.
2. SERVICES
CONTRACTOR shall perform the tasks described and comply with all terms and
provisions of the Tow Service Provider Policy set forth in Exhibit A, attached hereto and
incorporated herein as though set forth in full.
3, PERFORMANCE
CONTRACTOR shall at all times faithfully, competently and to the best of his/her
ability, experience and talent, perform all tasks described herein, CONTRACTOR shall employ,
at a minimum generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of CONTRACTOR hereunder in meeting its
obligations under this Agreement.
4, CITY MANAGEMENT
CITY'S Chief of Police or his designee shall be the contract manager and represent
CITY in all matters pertaining to the administration of this Agreement.
S, PAYMENT
Any and all compensation due to CONTRACTOR for services herein described shall be
the sole responsibility of the owner/operator of the vehicle towed, The CITY shall not have any
duty or responsibility to compensate CONTRACTOR for such services, unless those services
are specifically ordered by a department supervisor to be billed to the CITY.
6, TERMINATION OF AGREEMENT
1. TERMINATION ON NOTICE. Notwithstanding any other provision of this
Agreement, CITY may terminate this Agreement, at any time, without cause by giving at least
thirty (30) days prior written notice to CONTRACTOR.
-~ -
2. TERMINATION ON OCCURRENCE OF STATED EVENTS, This
Agreement shall terminate automatically on the occurrence of any of the following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of CONTRACTOR'S business;
(c) End of the Agreement to which CONTRACTOR'S servIces were
necessary: or
(d) Assignment of this Agreement by CONTRACTOR without the consent of
CITY.
3, TERMINATION BY ANY PARTY FOR DEFAULT: Should any party default
in the performance of this Agreement or materially breach any of its provisions, a non-breaching
party, at its option, may terminate this Agreement, immediately, by giving written notice of
termination to the breaching party,
4, TERMINATION: This Agreement shall terminate upon completion of services u-
nless extended as set forth in this section, CITY, with the agreement of Consultant, is authorized to
extend the term of this Agreement beyond the termination date, as needed, under the same terms
and conditions set forth in this Agreement. Any such extension shall be in writing, signed by the
parties and be an amendment to this Agreement
7, LAWS TO BE OBSERVED, CONTRACTOR shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all notices which
may be necessary and incidental to the due and lawful prosecution of the services to be performed
by CONTRACTOR under this Agreement;
(b) Keep itself fully informed of all existing and proposed federal, state and local laws,
ordinances, regulations, orders, and decrees which may affect those engaged or employed under this
Agreement, any materials used in CONTRACTOR'S performance under this Agreement, or the
conduct of the services under this Agreement;
(c) At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
(d) Immediately report to the CITY'S Contract Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned
above in relation to any plans, drawings, specifications, or provisions of this Agreement.
8, OWNERSHIP OF DOCUMENTS
CONTRACTOR shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by CITY that relate to the
performance of services under this Agreement, CONTRACTOR shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services,
---_..~.- ~ -,---
All such records shall be maintained in accordance with generally accepted accounting principles
and shall be clearly identified and readily accessible, CONTRACTOR shall provide free access
to the representatives of CITY or its designees at reasonable times to such books and records;
shall give CITY the right to examine and audit said books and records; shall permit CITY to
make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Agreement. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
9, INDEMNIFICATION
(a) Indemnification for Professional Liabilitv, When the law establishes a professional
standard of care for CONTRACTOR'S Services, to the fullest extent permitted by law,'
CONTRACTOR shall indemnify, protect, defend and hold harmless CITY and any and all of
its officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error or omission of
CONTRACTOR, its officers, agents, employees or subcontractors (or any entity or individual
that CONTRACTOR shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
(b) Indemnification for Other Than Professional Liabilitv, Other than in the performance
of professional services and to the full extent permitted by law, CONTRACTOR shall
indemnify, defend and hold harmless CITY, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or coSts of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable,
including but not limited to officers, agents, employees or subcontractors of CONTRACTOR.
(c) General Indemnification Provisions, CONTRACTOR agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every subcontractor or any other person or entity involved by, for, with or on behalf of
CONTRACTOR in the performance of this agreement. In the event CONTRACTOR fails to
obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be
fully responsible according to the terms of this section, Failure of CITY to monitor compliance
with these requirements imposes no additional obligations on CITY and will in no way act as a
waiver of any rights hereunder, This obligation to indemnify and defend CITY as set forth here
is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the
termination of this Agreement or this section,
----
10, INSURANCE
CONTRACTOR shall'maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and made a part of this
Agreement.
11. INDEPENDENT CONTRACTOR
(a) CONTRACTOR is and shall at all times remain as to the CITY a wholly
independent CONTRACTOR. The personnel performing the services under this Agreement on
behalf of CONTRACTOR shall at all times be under CONTRACTOR'S exclusive direction
and control. Neither CITY nor any of its officers, employees, or agents shall have control over
the conduct of CONTRACTOR or any of CONTRACTOR'S officers, employees, or agents,
except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the CITY. CONTRACTOR shall not incur or have the power to incur
any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.
(b) No employee benefits shall be available to CONTRACTOR in connection with
performance of this Agreement. CITY shall not pay fees, salaries, wages, or any other
compensation to CONTRACTOR for performing services hereunder for CITY, CITY shall not
be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising
out of performing services hereunder.
12, UNDUE INFLUENCE
CONTRACTOR declares and warrants that no undue influence or pressure is used
against or in concert with any officer, employee or agent of the CITY of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any method of
coercion, confidential financial arrangement, or financial inducement. No officer or employee of
the CITY of Arroyo Grande will receive compensation, direct! y or indirectly, from
CONTRACTOR, or from any officer, employee or agent of CONTRACTOR, in connection
with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the CITY to any
and all remedies at law or in equity,
]3, NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to this Agreement during
his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection
with the work performed under this Agreement.
]4, RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by CONTRACTOR in performance of this Agreement shall
be considered confidential and shall not be released by CONTRACTOR without CITY'S prior
written authorization, CONTRACTOR, its officers, employees, agents, or subcontractors, shall
not without written authorization from the CITY Manager or unless requested by the CITY
Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response
to interrogatories, or other information concerning the work performed under this Agreement or
relating to any project or property located within the CITY, Response to a subpoena or court
order shall not be considered "voluntary" provided CONTRACTOR gives CITY notice of such
court order or subpoena,
(b) CONTRACTOR shall promptly notify CITY should CONTRACTOR, its officers,
employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions, or other discovery
'request, court order, or subpoena from any person or party regarding this Agreement and the
work performed thereunder or with respect to any project or property located within the CITY,
CITY retains the right, but has no obligation, to represent CONTRACTOR and/or be present at
any deposition, hearing, or similar proceeding, CONTRACTOR agrees to cooperate fully with
CITY and to provide the opportunity to review any response to discovery requests provided by
CONTRACTOR. However, CITY'S right to review any such response does not imply or,mean
the right by CITY to control, direct, or rewrite said response,
]5, NOTICES
Any notice which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) persona] service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, which provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mai],certified mail,
postage prepaid, return receipt requested, addressed to the address of the party as set forth below
or at any other address as that party may later designate by notice:
To City: Arroyo Grande Police Department
Attn: Chief of Police
200 North Halcyon Road
Arroyo Grande, CA 93420
To Contractor:
,....-... -
16. ASSIGNMENT
The CONTRACTOR shall not assign this Agreement, nor any part thereof, without prior
written consent of the CITY,
17, LICENSES
At all times during the term of this Agreement, CONTRACTOR shall have in full force
and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
18, GOVERNING LAW
The CITY and CONTRACTOR understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement, Any litigation concerning this
Agreement shall take place in the San Luis Obispo County Superior Court.
19. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous agreements,
understandings, representations, and statements, or written, are merged into this Agreement and
shall be of no further force or effect. Each 'party is entering into this Agreement based solely
upon the representations set forth herein and upon each party's own independent investigation of
any and all facts such party deems material.
20, TIME
CITY and CONTRACTOR agree that time is of the essence in this Agreement.
21. CONTENTS OFREOUEST FOR PROPOSAL AND PROPOSAL
CONTRACTOR is bound by the contents of CITY'S Request for Proposal, Exhibit "c"
hereto and incorporated herein by this reference,
22. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review this
Agreement and that any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement or any amendments or
exhibits thereto, The captions of the sections are for convenience and reference only, and are not
intended to be construed to define or limit the provisions to which they relate,
23, AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with the'mutual
written consent of all ofthe parties to this Agreement.
24, AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONTRACTOR warrants
and represents that he/she has the authority to execute this Agreement on behalf of the
CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its
obligations hereunder,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written,
CITY OF ARROYO GRANDE CONTRACTOR
By: By:
[City Manager or Mayor] (Signature)
(Typed Name)
Attest:
Its:
Kelly Wetmore, City Clerk (Title)
Approved As To Form:
Timothy], Carmel, City Attorney
~- - - --
,EXHIBIT A
ARROYO GRANDE POLICE DEPARTMENT
TOW SERVICE PROVIDER POLICY
The following rules shall apply to tow service providers under contract (hereinafter
"CONTRACTOR") with the City of Arroyo Grande who are summoned for services by the
Arroyo Grande Police Department in accordance with the Department's tow service policy.
1. CONTRACTORS shall be available for response within the incorporated area of the
City of Arroyo Grande and within a reasonable distance of those limits on a twenty-four
hour, seven day per week basis, Services originating as a result of a call from the Arroyo
Grande Police Department shall not be subcontracted to another tow service provider or
to any other person or business at any time of the day or night.
2, CONTRACTORS shall be capable of responding with a minimum of two tow service
vehicles withinthe defined area within twenty minutes, If the CONTRACTOR is
unable to respond as required, the Police Dispatcher shall be so advised so that another,
tow service provider may be summoned, The tow service shall maintain a telephone
staffed 24 hours/day 7 days/week and shall provide an alternate number for a pager or
cellular phone also attended 24 hours/day 7 days/week,
3. CONTRACTORS shall be solely responsible for the safekeeping of all vehicles towed,
and for any personal property within the towed vehicle, In keeping with this
responsibility, CONTRACTORS shall provide secured areas in which towed vehicles
may be safely stored in an area with proper government use permits and/or licenses, until
ready for release to authorized persons, No vehicle will be stored in "inside storage"
without prior approval of the Arroyo Grande Police Department Watch Commander.
4, All tow service and storage fees imposed as a result of a request from the Arroyo Grande
Police Department shall be as scheduled below, Under no circumstances shall any person
or entity be charged an amount greater than as established by this agreement.
5, CONTRACTORS shall maintain records of tow services furnished, including accurate
descriptions of towed vehicles (i,e, vehicle license number, Arroyo Grande Police
Department case number, etc,), nature of service, and time and location of calls, Those
records shall be available for inspection upon the request of any duly authorized
representative of the Arroyo Grande Police Department.
6, All tow service vehicles and all tow vehicle operators shall meet all legal requirements in
respect to properlicensing, mechanical equipment, emergency lighting, etc,
-- --- ._-- --~ - <---
7, CONTRACTORS shall comply with Vehicle Code Section 10652 requiring the
reporting of vehicles stored for a period of thirty days or more, The Arroyo Grande
Police Department shall be supplied with a copy of the report required under Section
10652 of the Vehicle Code,
8, CONTRACTORS shall furnish the necessary personnel and equipment to pick up, tow
away and lawfully dispose of all motor vehicles abandoned in the CITY, irrespective of
value, as designated by the Arroyo Grande Police Department.
9, It is understood and agreed that the CITY shall incur no charges or expenses for any
abandoned motor vehicles picked up and hauled away by the CONTRACTOR at the
request of the Arroyo Grande Police Department.
10, CONTRACTORS shall comply with all applicable statutes of the State of California,
ordinances of the County of San Luis Obispo and the City of Arroyo Grande, including
but not limited to those provisions set forth in the State Motor Vehicle and Labor Codes,
II. CONTRACTORS shall be able to store any vehicle towed per CVC Sections 14602,6
(30 day impound) or 14067,6 (vehicle forfeiture).
12, CONTRACTORS shall comply with the requirements of CVC Section 14607.6 and
CITY in the advertising, auction, and transfer of any vehicle declared forfeited by the
Court, The Arroyo Grande Police Department's requirements include, but are not limited
to: local advertising, establishing a minimum value of the vehicle, minimum viewing
time by those interested, auction of vehicle and accepting of sealed bids if value of
vehicle is over $1,000,00
13, CONTRACTORS shall refrain from any act deemed by the Arroyo Grande Police
Department to be in violation of CVC Section 10854, dealing with the driving of or
removing parts from vehicles stored at the direction of any member of the Arroyo Grande
Police Department with the CONTRACTOR.
- - -.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of this Agreement, CONTRACTOR will
maintain insurance in conformance with the requirements set forth below, CONTRACTOR will
use existing coverage to comply with these requirements. If that existing coverage does not meet
the requirements setfrJrth here, CONTRACTOR agrees to amend, supplement or endorse the
existing coverage to do so. CONTRACTOR acknowledges that the insurance coverage and
policy limits setforth in this section constitute the minimum amount of coverage required Any
insurance proceeds available to CITY in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to CITY
CONTRACTOR shall provide the{rJllowing types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition
to limits, There shall be no cross liability exclusion for claims or suits by one insured against
another. Limits are subject to review but in no event less than $2,000,000 per occurrence,
$5,000,000 aggregate,
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol I
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than
$2,000,000 per accident, $5,000,000 aggregate, If CONTRACTOR or CONTRACTOR'S
employees will use personal autos in any way, CONTRACTOR shall provide evidence of
personal auto liability coverage for each such person,
Workers Compensation on a state-approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages, Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing
primary coverage above a maximum $25,000 self-insured retention for liability not covered by
primary but covered by the umbrella, Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits, Policy shall contain a provision obligating
insurer at the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to CITY for injury to employees of
CONTRACTOR, subcontractors or others involved in the Work, The scope of coverage
provided is subject to approval of CITY following receipt of proof of insurance as required
herein, Limits are subject to review but in no event less than $2,000,000 per occurrence,
$5,000,000 aggregate, .
-....
Insurance procured pursuant to these requirements shall be written by insurer that are admitted
carriers in the state California and with an A. M Bests rating of A- or better and a minimum
financial size VII.
General conditions pertaining to provision of insurance coverage by CONTRACTOR.
CONTRACTOR and CITY agree to the following with respect to insurance provided by
CONTRACTOR:
I. CONTRACTOR agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds CITY, its officials
employees and agents, using standard ISO endorsement No, CG 2010 with an edition
prior to 1992, CONTRACTOR also agrees to require all CONTRACTORS, and
subcontractors to do likewise,
2, ,No liability insurance coverage provided to comply with this Agreement shall
prohibit CONTRACTOR, or CONTRACTOR'S employees, or agents, from
waiving the right of subrogation prior to a loss, CONTRACTOR agrees to waive
subrogation rights against CITY regardless of the applicability of any insurance
proceeds, and to require all CONTRACTORS and subcontractors to do likewise,
3, All insurance coverage and limits provided by CONTRACTOR and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the CITY or
its operations limits the application of such insurance coverage,
4. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to CITY and approved of in writing,
5, No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any CONTRACTOR or
subcontractor. '
6, All coverage types and limits required are subject to approval, modification and
additional requirements by the CITY, as the need arises, CONTRACTOR shall not
make any reductions in scope of coverage (e,g. elimination of contractual liability or
reduction of discovery period) that may affect CITY'S protection without CITY'S
prior written consent.
7, Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to CONTRACTOR'S general liability policy, shall be delivered to
CITY at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled at
any time and no replacement coverage is provided, CITY has the right, but not the
duty, to obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by CITY shall be
charged to and promptly paid by CONTRACTOR.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to CITY of
any cancellation of coverage, CONTRACTOR agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer
to mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate,
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by CONTRACTOR or any subcontractor, is intended to
apply first and on a primary, noncontributing basis in relation to any other insurance
or self insurance available to CITY,
10, CONTRACTOR agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by CONTRACTOR,
provide the same minimum insurance coverage required of CONTRACTOR.
CONTRACTOR agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section, CONTRACTOR agrees that upon request, all
agreements with subcontractors and others engaged in the project will be submitted to
CITY for review,
II, CONTRACTOR agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that it
will not allow any CONTRACTOR, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to CITY. If
CONTRACTOR'S existing coverage includes a deductible or self-insured retention,
the deductible or self-insured retention must be declared to the CITY, At the time the
CITY shall review options with the CONTRACTOR, which may include reduction
or elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions, '
12, The CITY reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90)
days advance written notice of such change, If such change results in substantial
additional cost to the CONTRACTOR, the CITY will negotiate additional
compensation proportional to the increase benefit to CITY.
]3, For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement,
]4, CONTRACTOR acknowledges and agrees that any actual or alleged failure on the
part of CITY to inform CONTRACTOR of non-compliance with any insurance
requirements in no way imposes any additional obligations on CITY nor does it
waive an~ rights hereunder in this or any other regard,
] 5, CONTRACTOR will renew the required coverage annually as long as CITY, or its
employees or agents face an exposure from operations of any type pursuant to this
agreement, This obligation applies whether or not the agreement is canceled or
terminated for any reason, Termination of this obligation is not effective until CITY
executes a written statement to that effect.
] 6. CONTRACTOR shall provide proof that policies of insurance required herein
,expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage, Proof that such coverage has been
ordered shall be submitted prior to expiration, A coverage binder or letter from
CONTRACTOR'S insurance agent to this effect is acceptable, A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to CITY within five
days ofthe expiration of the coverages,
] 7, The provisions of any workers' compensation or similar act will not limit the
obligations of CONTRACTOR under this agreement, CONTRACTOR expressly
agrees not to use any statutory immunity defenses under such ]aws,with respect to
CITY, its employees, officials and agents,
18, Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy, Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive,
] 9. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as
such,
20, The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section,
21. CONTRACTOR agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge CITY or
CONTRACTOR for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to CITY. It is not
the intent of CITY to reimburse any third party for the cost of complying with these
requirements, There shall be no recourse against CITY for payment of premiums or
other amounts with respect thereto,
---- --.-
22, CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss
against CONTRACTOR arising out of the work perfonned under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to involve
CITY,
,-.
---
EXHIBIT C
ARROYO GRANDE POLICE DEPARTMENT
REQUEST FOR PROPOSAL
I represent the firm ot:
Address:
Telephone:
I am the licensed operator of the above tow service and my business is located within five (5)
miles of the City of Arroyo Grande,
I am interested in entering into a contract with the City of Arroyo Grande for towing and storage
of vehicles for the period of October 27, 2005 to October 26, 2007, My fees for performing
these services are as follows:
I. Vehicle hook up & tow, up to 3 miles - Days
2, Vehicle hook up & tow, up to 3 miles - Nights
3, 4 x 4 truck hook up & tow, up to 3 miles - Days
4, 4 x 4 truck hook up & tow, up to 3 miles - Nights
5, Truck towing, I ton or more, up to 3 miles - Days
6, Truck towing, I ton or more, up to 3 miles - Nights
7, Hook up & dolly towing per mile - Days
8, Hook up & dolly towing per mile - Nights
9, Motorcycle hook up & tow, up to 3 miles -, Days
10, Motorcycle hook up & tow, up to 3 miles - Nights
)
11. Winching minimum charge per hour
12, Up righting overturned vehicle
13, Moving vehicle to towing position
14, Clean up accident scene - Minimum
IS, Cleanup accident scene - Maximum
16, Standby time per hour - Minimum
17, Standby time per hour - Maximum
18, Storage outside per day
19, Storage for vehicles towed per Vehicle Code
Section 14602,6 (30 day impound)
20, Storage for vehicles towed per Vehicle Code
Section 14607,6 (forfeiture)
21. Storage inside per day
22, Drive shaft removal
23, Unlock vehicles - Days
24, Unlock vehicles - Nights
25. Opening fee (after hours)
If accepted by the City, I hereby agree to abide by the rules and regulations relative to the
operation of tow trucks and maintenance of storage facilities used to store the vehicles,
Submitted by
Representing
Date
"- -_..~. ~---
Attachment "8"
ARROYO GRANDE POLICE DEPARTMENT
LISTING OF POTENTIAL BIDDERS
FOR 2005-2007 TOW SERVICE AGREEMENT
B J's PDQ Towing Mullahey Ford
197 W, Grand Avenue Attn: Tim Mullahey
GroverBeach,CA 93433 330 Traffic Way
Arroyo Grande, CA 93420
Central Coast Towing R & R Towing
2160 Nipomo Street 738 Sheridan Road '
Oceano, CA 93445 Arroyo Grande, CA 93420
College Towing South Angello's Towing
94 Atlantic City Avenue 307 Pier Avenue
Grover Beach, CA 93433 Oceano, CA 93445
Johnboy's Towing Kautz Towing
2130 21st Street 983 S, 4th Street
Oceano,CA 93445 Grover Beach, CA 93433
-~ ~ -- --- .-----
Attachment "C"
ARROYO GRANDE POLICE DEPARTMENT
BID SUMMARY
FOR 2005-2007 TOW SERVICE AGREEMENT
Bid Item Johnboy's College Kautz Central Coast
1 Vehicle hook UP & tow, up to 3 miles - Days 20,00 20,00 22.50 40,00
2 Vehicle hook up & tow, up to 3 miles - Nights 20,00 20.00 22,50 40,00
3 4 x 4 truck hook up & tow - Days 20,00 20,00 22,50 40,00
4 4 x 4 truck hook up & tow - Nights 20,00 20,00 22,50 40,00
5 Truck towing, 1 ton, 3 miles - Days 40,00 40.00 40,00 50,00
6 Truck towing, I ton, 3 miles - Nights 40,00 40,00 40,00 50,00
7 Hook up & dolly towing per mile - Days N/C N/C ' N/C 25,00
8 Hook UP & dolly towing per mile - Nights N/C N/C N/C 25,00
9 Motorcycle hook up & tow, 3 miles, Days 20,00 20,00 22,50 40,00
10 Motorcycle hook up & tow, 3 miles - Nights 20,00 20,00 22,50 40.00
11 Winching minimwn charge per hour 10,00 10,00 5,00 60.00
12 Up righting overturned vehicle 20,00 18.00 15,00 40,00
13 Moving vehicle to towing position N/C N/C N/C 10,00
14 Clean up accident scene - Minimum 10,00 15,00 5,00 10,00
15 Clean up accident scene - Maximum 30,00 25.00 25,00 60,00
16 Standby time per hour - Minimum 10,00 10,00 5,00 10,00
17 Standby time per hour - Maximum 25,00 20,00 15.00 60,00
I 18 Storage outside per day 14.00 18,00 15,00 10,00
I
I 19 Storage for vehicles towed per VC 14602,6 ,14.00 18,00 15.00 10,00
20 Storage for vehicles towed per VC 14607,6 7.00 7,50 5,00 10.00
21 Storage inside per day 20.00 20,00 20,00 15.00
22 Drive shaft removal 10,00 10,00 10,00 30.00
23 Unlock vehicles - Days 20,00 .20,00 20,00 40,00
24 Unlock vehicles - Nights 20,00 25,00 20,00 40,00
25 Opening fee (after hours) 30,00 30,00 25,00 40,00
!
I
I
-'
8.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER~
SUBJECT: CONSIDERATION OF THE REVISED WATER WHEELING AGREEMENT
WITH THE OCEANO COMMUNITY SERVICES DISTRICT FOR THE
CHRISTIE FAMILY SUBDIVISION (Continued from October 11, 2005)
DATE: OCTOBER 25,2005
RECOMMENDATION:
It is recommended the Council approve the revised Water Wheeling Agreement with the
Oceano Community Services District ("OCSD") for the Christie Family Subdivision and
authorize the Mayor to execute the agreement.
FUNDING:
No fiscal impact. The City will be recovering all the costs of the agreement preparation and
wheeling services provided.
DISCUSSION:
On July 12, 2005 and August 9, 2005, the Council reconsidered a request from the Christie
Family to approve a water wheeling 'agreement with the Oceano Community Services
District (OCSD). The agreement would allow OCSD water to be wheeled through the City's
water system to serve the Christie property. On September 13, 2005, the Council
approved the' request and directed staff to revise the agreement to add a restrictive
covenant. The restrictive covenant was to be placed on all lots so that future owners of the
Christie property were made aware of the terms and conditions of the agreement, including
the fact that the City was not supplying water, but allowing the use of the City's water
system to deliver OCSD water to the property. Since the City's Agreement is with OCSD,
the requirement for the restrictive covenant has been included in this Agreement. However
on October 11, 2005, the Council had further concerns relating to fire hydrant and overall
fire fighting capability in the area.
Two issues were raised by the Council. The first is fire suppression for the proposed
Christie Subdivision. The original design required a90,OOO-gallon water tank to serve the
subdivision to provide domestic water and fire flow. Since the construction of this tank is
no longer possible, the Christie's will be required to provide fire sprinklers for each unit,
install a 3,500 to 4,000 gallon tank on each parcel depending on the square footage of the
unit and install a fire hydrant adjacent to Stagecoach Road. The on-site tanks will serve as
the domestic water source and will also have a connection for a fire hose. Language hac'
. -- ----_..~-~-------_.__._- .------"--------.- --- _....~._-_._~
--.-'-;--
CITY COUNCIL
CONSIDERATION OF THE REVISED WATER WHEELING AGREEMENT WITH THE
OCEANO COMMUNITY SERVICES DISTRICT FOR THE CHRISTIE FAMILY
SUBDIVISION CONTINUED
OCTOBER 25, 2005
PAGE 2
been added to the Water Wheeling Agreement to also require installation of the fire
hydrant per Council direction and with the agreement of the Christie's,
The second issue involves fire suppression for the Stagecoach area, The nearest City fire
hydrant that provides sufficient water pressure for the fire flows is located on Stagecoach
Road, which is 1,200 feet from the Christie property, Fire crews would have to fill the
trucks with water at this site and bring it to the fire location. There are also fire hydrants in
the Canyon Crest Subdivision approximately 200 feet south, Both the Canyon Crest
hydrants and the Christie hydrant will provide additional fire fighting capabilities for
California Department of Forestry along the northerly fringe of the City, Any water used for
domestic or fire protection will be monitored by the City and charged to OCSD.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve the revised Water Wheeling Agreement;
. Do not approve the revised Water Wheeling Agreement; or
. Provide staff direction,
Attachments:
1. Water Wheeling Agreement
2, Memo from Terry Fibich. Director of Building and Fire, dated October 18, 2005
-- .-- - ,---- ------.-
WATER WHEELING AGREEMENT
THIS WATER WHEELING AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into as of , 2005, by and between the City of Arroyo
Grande, a municipal corporation organized existing under the laws of the State of
California (hereinafter referred to as the "City") and Oceano Community Services
District, a community services district organized and existing under the laws of the State
of California' (hereinafter referred to as the "District"), and hereinafter occasionally
referred to collectively as "the Parties" or individually as a "Party" with reference to the,
following facts:
a) Christie Family Subdivision Homeowner's Association, an as yet unformed
California non-profit mutual benefit corporation (hereinafter referred to as
"Association") consists of members who are limited to owners of that
certain real property in the County of San Luis Obispo, State of California,
as described below:
Lots 1 through 4 of Tentative Map Co 00-0152, and bearing
assessor's parcel number 047-127-001 in the County of San Luis
Obispo, State of California (hereinafter referred to as the
"Property").
b) The Property currently consists of a single parcel legally described in
Exhibit "A" attached hereto, subject to recordation of Final Map Co 00-
0152 subdividing the Property into four (4) parcels (the "Parcels") which
are intended to serve as singlsfamily residential lots,
c) Association' has a water system that is experiencing problems with
inadequate water' supply for fire suppression, and which problems
Association and the District believe constitute an existing or impending
threat to the public heath or safety of the Association members within the
meaning of GovernmentCode Section 56133 (c), and Association desires
to acquire a better water source from. the District with the City's
cooperation.
d) It is not feasible at this time for the City to extend water service to the
Property directly from the City's existing system.
e) The District has a water supply surplus and is prepared to sell water to
Association, but does not have the means to connect directly to the
Association water system,
f) The City has agreed to provide the use of a delivery system for the water
the District desires to sell to Association, all subject to compliance with
Government Code Section 56133, and other applicable law,
1
.-- .. _._.~ -
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, the parties hereto agree as follows:
1) TRUTH OF RECITALS, All of the matters specified in Recitals a, through f.
above are true and correct as of the date of this Agreement to the best knowledge of the
Parties, however the City has no knowledge and makes no representations as to the
accuracy of the status of Association's wells, water quality, or supply, or the status of
surplus of the District's water supply,
2) CITY DELIVERY OF DISTRICT WATER TO ASSOCIATION, From and after
the date the last contingency set forth in Section 5 hereof has been satisfied, the City
shall accept from the District, delivery of water to which the District is legally entitled
(hereinafter referred to as the "Wheeled Water") and shall wheel the same to
Association, In connection therewith:
a) The quantity of the Wheeled Water shall be limited to that quantity
supplied by District to City_ It shall be the responsibility of District to confirm the legal,
ability of water supplied to be wheeled and delivered in the manner set forth in this
Agreement.
b) The Wheeled Water delivered to the City by the District shall be potable
water not less in quality as water otherwise delivered to District's customers. City makes
no warranties or guaranties as to the quality of the water or its suitability for use by
District, Association, or any other party,
c) The Wheeled Water shall be delivered to Association by the City through a
connection between the City's and Association's water systems at the location and
pursuant to the specifications set forth in Exhibit "8" attached hereto and incorporated
herein (the "Point of Delivery").
d) Such water wheeling shall be based on a delivery schedule further set
forth in Exhibit "8".
The parties acknowledge that Association's 'consumption of water shall vary from day to
day, The parties agree that they periodically shall meet and confer to review the data for
both the water deliveries to the City and Association's water consumption, and shall
adjust the water deliveries from the District to the City as necessary to assure, on
average, they are in balance with Association's consumption and consistent with City's
available pipeline capacity. City shall not be responsible for any shortages resulting
from any of the following: reduction or fluctuation in supply of water drought, weather or
other water shortage conditions beyond the control of City, emergencies, catastrophic
events, acts of nature, vandalism or terrorism, impediments to ground water recharge,
well failures, mechanical failures and system servicing requirements of City, or any
other events beyond the control of City,
3) PAYMENT FOR WHEELING SERVICES, The City shall charge the District an all
inclusive wheeling fee for its services as also set forth on the attached Exhibit "8", To
2
. - -- ,"
..ollitate the ,.",e, the C;ty ,hall io,tall ood ",aiotaio a w"e' ""'te< at the ooaoectioo
10oatioO de"''''''' io Exhibit "S', the oo,t W wh'ob ,hall be paid io a",,"'OOoo with
SectloO 6.b. of th" ",,,,e,,,eot MoothlY, the C;ty ,hall ,ead Ihe ",ete" dete""ioe the
,olu"", of wata' del"e,ed by the City th'Ough the ",e"" I<> ",,,,o,,Ii''', oaloolote the
wheeliOg f_ .,,,,,sed '0' ,uoh wale' by ",uffipl~"" the ",,,e' ,ead'Og bY the a",oUot
of the 'ee, aod .."",it 00 iO<O'oo I<> the O,,,,ct fo' ,uoh fee. The o"tOct ,hall pay all
io<O'oe' ,ub",itted by C;ty W wale' del"e,ed uode' 'hI' ""ee",eot withio thIrty (30)
dayS atter receipt.
4) !"Rt,\. Th\a ",,,,,,,,,em ,hall oo",,,,eoOO 00 the date the oootiogeOO'e, ,et forth
'0 Secboo 5 he,eof h"e beeO ,.,\a'''''. Oi'tOct ,hall pro,'de writteO oo\\1ioat'oO to C'ty
th" all ooo'Ogeoo'''' h"e beeo ""i,Oed 001 Ie" IhOO ,0 daY' p'o, 10 the ""t date
that C;ty ,hall be "",u'red to wheel wa'e' pu"uam I<> th" ",,,,e,,,eo t. Th" ",,,,,,,,,em
,hall oomioUe to' ., 10"" ., the C'ty pro"de' ",N'OO' I<> .. io,CM oo,to",e" 0' uotil
the occurrence of one of the following events:
a) If the """i0geOO'''' h"e 00' beeo ,,,,,oed by oece"'be' ", 2005, th"
",,,,,,"'00 t ,hall ..,,,,,,,.,,oaIlY expi'" , with 00 'u<the' obligatloO 00 the part of C;ty. 10
the e,"ot of explfa'OO pu"uoo'to th\a secboo 4.a, o"tOct ,hall oot be ,elle,ed of ..
obligations under section 6,a, of this Agreement.
b) o"tOot ootlOe' C;ty that ,""0,,1\00 " '0 ",ate,al b,eaob of that oertaio
",,,,,,,,,eot to pro,'de Wate< out,'de of seN'OO O,,,,ct betweeO '''00'''00 ood the
Oi'tOct d"ed ., of juo. B, 2005, aod d'reel' C;ty I<> ,I<>P whe,Iio9 wale' pu"uoot I<>
this Agreement. .
c) The ,,,oo,,lioO ","'00 a",a " OOhexed I<> C;ty 0' ,o",e oth" 001itY that
will be responsible for providing water service,
d) Th" ",,,,,,",,,ot " det"",'oed I<> ,iol"e th' pro""o" of OOY ",I,xem
ag",e",oot 0' OOY oth" Iooal, Stale 0' Fed"al laW' ",I"ed I<>wheeliog of the wate<
5) \;,ONTtNGENctES. Th" "''''''''''''' aod all of the te""" p"",\alo'" oooditio'"
",,"030" ood obl,""Io" 'in""ed on the partie' h"el<>, a'" 000li09en' upoo all of the
folloW'09 wh'oh ,hall be a""",pli'h,d by oece",be' ", 2005 0< th" ",,,,,,,,,oot ,ha"
be of 00 'u<th" '0,00 ood effect, uol"" _oded io wm''''' by both the C'Y ood o"tOct,
a) co",pliOOOO by the part'''' with all apolioabl' laW, ioctudio9, but oot Ii",'ted
1<>, the pro""o" of the califo"''' EO',roo"",otal Quality "" ",qu,,,,d to em" '01<> ood
implement the terms of this Agreement;
b) wottOO aOO'o',., by cAFCa pu,,,,OOI I<> Go,""",ool Code SeohoO 513133
(0) '0< the o,,,,,ct ood the C;ty to uoderta>' ood p,rto"" tbe obligatio" ",I I<>rth '0 thi'
Agreement;
0) ReOO",a'oo of a"''''''''' _0301 00 th', propertY wh'oh p"""d'" 01'"
oolioo I<> the propertY own'''' ,ub",quem pa,eel oWhe'" aod the" "''''''''''' io
3
- ------ ---.--------- ---------------. . --' -----.
_._-~-
interest, of the terms and conditions of this Agreement, including but not limited to that
wheeling of water is exclusively provided to the Association as herein described, and
which fundamentally acknowledges that City retains the right, in City's sole discretion, to
shut off wheeled water, as reasonably necessary for maintenance and repairs of
facilities, and as other circumstances require, upon reasonable notice, unless
emergency circumstances do not allow for such notice, and that such owner waives any
right to file suit against the City for failure to wheel water and shall otherwise hold
harmless and indemnify the City from any claim arising from this Agreement;
d) Any approvals by any, other necessary entities related to delivery of the
Wheeled Water to which the District is entitled or to use of the City's water system.
These necessary approvals shall be determined by District, and District shall provide
written notification and proof to City that all such approvals have been obtairied not less
than 30 days prior to the first date that City shall be required to wheel water pursuant to
this Agreement;
e) Determination by the District that this Agreement is not in violation of any
State Water Agreement, other agreements, or provision of law;
f) A fire hydrant shall be installed on the Property in a location approved in
writing by the City's Public Works Director. Said fire hydrant shall be kept and
maintained in good repair by the Association,
Upon satisfaction of the contingencies set forth in this Section 5, and written notification
of such satisfaction by District to City, this Agreement and all of its terms, provisions,
conditions and covenants hereof shall be effective and binding on the parties hereto,
without any further action required,
6) PAYMENT OF COSTS, District agrees to reimburse the City for: I
a) The City's actual administrative costs incurred as a result of the
preparation of this Agreement, as estimated in Exhibit "8" to this Agreement.
Administrative costs shall be due even if the contingencies set for in Section 5 are not
fulfilled; and,
b) Any and all costs incurred by City for any pumps, pipes, connections and
meters necessary to perform the services set forth in this Agreement.
7) INDEMNIFICATION, The District shall indemnify, defend, protect and hold the
City and its council members, commissioners, directors, officers, partners, agents,
consultants and employees free and harmless from and against any and all claims,
causes of action, demands, injuries, damage, liabilities, losses, costs or expenses
(including, but not limited to attorneys fees and court costs) to the extent arising out of
or resulting from, the terms, provisions, conditions and covenants of this Agreement,
including but not limited to, any and' all claims, causes of action, demands, injuries,
damage, liabilities, losses, costs or expenses (including, but not limited to, attorneys
fees and court costs) resulting from discontinuance of water wheeling service pursuant
4
to the terms of this Agreement, except as to those arising out of the proven active sole
negligence of the City and/or its council members, commissioners, directors, officers,
partners, agents, consultants and/or employees,
B) ADDITIONAL INDEMNIFICATION, District shall require that Association take all
necessary measures to assure that backflow and other devices are installed, operated
and maintained to assure that there is no cross-contamination of water from
Association's domestic wells, storage and delivery systems, into City's system, and
shall specifically indemnify City pursuant to Section 7 of this Agreement for any such
cross-contamination, and shall bear the cost of any remediation required to restore to
good condition the City's system or water supply,
9) NOTICE, Any and all notices or other communications required or permitted by
this Agreement or by law to be delivered to, served on, or given to any party to this
Agreement by any other party to this Agreement shall be in writing and shall be deemed
properly delivered, served, or given when personally delivered to the party to whom it is
directed, or in lieu of such personal service, when deposited in the United States mail,
first class, postage pre-paid, addressed to:
IF TO CITY: City Manager
CITY OF ARROYO GRANDE
214 East Branch Street
Arroyo Grande, CA 93420
With a copy to: Timothy J, Carmel
CARMEL & NACCASHA, LLP
1023 Nipomo St #150
San Luis Obispo, CA 93401
Facsimile 805.546.8015
IF TO THE DISTRICT: General Manager
OCEANO COMMUNITY SERVICES DISTRICT
P.O, Box 599,
Oceano, CA 93475
Facsimile 805.481,6836
With a copy to: Alexander F, Simas
KIRK & SIMAS
2550 Professional Parkway
Santa Maria, CA 93455
Facsimile 805,934,1184
Any party to this Agreement may change his address for the purposes of this Section by
giving written notice of such change in accordance herewith.
5
10) . MODIFICATION, This Agreement may be amended or modified only by an
instrument in writing, stating the amendment or modification, executed by the parties
hereto and attached to the end of this instrument.
11) GOVERNING LAWIVENUE, This Agreement shall be governed by and
construed in accordance with the laws of the State of California. In the event that it is
necessary to institute any action to enforce any right granted herein or to redress any
alleged breach hereof, then the exclusive venue for such action shall reside with the
branch of the Superior Court of the State of California in and for the County of San Luis
Obispo, California,
12) HEIRS AND SUCCESSORS, This Agreement shall be binding on and shall
inure to the benefit of the heirs, executors, administrators, successors and assigns of
the parties hereto, District shall not assign its rights or obligations under this Agreement
to any party without prior written consent of City.
13) SEVERABILITY, Should any portion of this Agreement be held unenforceable or
inoperative for any reason, such shall not affect any other portion of this Agreement, but
the remainder shall be as effective as though such ineffective portion had not been
contained herein.
14) ATTORNEY'S FEES, In the event that it is necessary for either party to this
'Agreement to institute an action to enforce any right granted hereunder or to redress the
breach of any provision of this Agreement, then the prevailing party in such action, in
addition to any other award made by the Court, shall be entitled to his attorney's fees
and costs incurred in prosecuting such action and the enforcement of any judgment
entered in such action from the non-prevailing party, all in an amount to be determined
by the Court. Any judgment entered' in such action shall include a specific provision
authorizing the recovery of attorney's fees and costs incurred in enforcing such
judgment.
IN WITNESS WHEREOF the parties have executed this instrument at Arroyo Grande,
California as of the date and year above first written,
CITY: DISTRICT:
City of Arroyo Grande OCEANO COMMUNITY SERVICES
a municipal corporation DISTRICT
By: By:
Tony Ferrara James Hill
Mayor President
6
-.-
Attest: Attest:
By: By:
Kelly Wetmore Francis M. Cooney
City Clerk Secretary
Address: Address:
214 East Branch Street P.O. Box 599
Arroyo Grande, CA 93420 Oceano, CA 93475
Approved as to form: Approved as to form:
Timothy J. Carmel Alexander F. Simas
City Attorney District Counsel
7
EXHIBIT"A" TO
WATER WHEELING AGREEMENT
LEGAL PROPERTY DESCRIPTION
Parcel A of Parcel Map CO-76-170, in the County of San Luis Obispo, State of
California, according to map recorded February 16, 1977 in Book 22, Page 41 of Parcel
Maps.
EXCEPTING THEREFROM an undivided Y, interest in all minerals, oil, gas and other
hydrocarbon substances of whatever in nature in, on or under said land together with
the right if ingress and egress to and from said land for the purposes of exploring
thereon, drilling and recovering such minerals, oil and gas and other hydrocarbon
substances and for the purposes of storing the same thereon and for the future purpose
of transportation the same over and across said land as reserved by George A. McBane
and Marie A. McBane his Wife, by deed recorded November 18, 1943 in Book 350,
Page 255 of Official Records.
8
-- - ~- --- -- - -- --- ----
EXHIBIT liB" TO
WATER WHEELING AGREEMENT
WHEELING FACILITY CONNECTION LOCATION AND SPECIFICATIONS
1. Point of Deliverv (Wheelina Facility Connection Location and
Specificationsl:
On Stagecoach Road at the property line, within 75 feet of the
Southwest corner of the property.
2. Calculation of MitiaationFee for Infrastructure Connection:
4 homes x $1,206.00 per home: $4,824.00
3. Wheelina Fee:
The City shall charge the District an all-inclusive wheeling fee for its
services. Such fee shall be determined by the City Council. This fee
currently is set at $1.05 per 100 cubic feet of water delivered. Any
change in the wheeling fee due to changes in costs shall take effect 30
days after notification of such change to District. Such change in the
fee shall be calculated using the same criteria and method used to
determine the current fee.
4. Connection Fees:
2" Meter charge: $ 1,481.00
2" Distribution charge: 4,102.00
Installation charge: 2,500.00 )
5. Deliverv Schedule:
Minimum 1-2 GPM based upon 24-hour delivery period. Estimated 2
AFY total delivery.
6. Private Fire Hvdrant ~
Monthly charge for 6" fire line (current charge) 29.24
7. Administrative Costs: 1,150.00
------ - - -.
MEMORANDUM
TO: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE ~
SUBJECT: CHRISTIE FAMILY SUBDIVISION FIRE PROTECTION
DATE:OCTOBER 18,2005
Understanding that there have been further questions regarding the fire protection
measures at the Christie Family Subdivision, I will, by means of this memo, attempt
to provide some clarification.
My recollection of the situation is that there has been discussion by our City Council
of two matters. One has been the Water Wheeling Agreement with Oceano CSD,
and the second has been fire protection at the subdivision that will also benefit the
City of Arroyo Grande.
The primary concern of the City Council relative to fire protection was that the system
would also provide a means by which the firefighters could supply their engines in case of
a fire that would be endangering the City.
The conditions of development that have been imposed by the County and CDF require
that all of the subdivided parcels must have fire supply outlets connected to water storage
tanks on each of the individual properties. This condition would apply whether the Water
Wheeling Agreement were ratified, or not. These outlets (hydrants) would be accessible
for use on or off of the parcels.
By interconnecting the water storage tanks on the individual properties with a supply line
from the City's reservoir, an increased volume of stored water becomes available for both
domestic use, as well as for firefighting purposes.
The provision of this interconnection will certainly provide an enhanced level of
protection for both structural fire protection, and for wildland firefighting in this area
bordering the City.
a.h.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF RESOLUTION ADOPTING PUBLIC WORKS
FEES AND SERVICE CHARGES
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution approving the FY
2005-06 Public Works Field Division Fees and Service Charges.
FUNDING:
Services and equipment provided to other public agencies are charged based on the
attached fee schedule. Last year, these fees and service charges generated
approximately $13,000 in revenue.
DISCUSSION:
The Public Works Department has updated the Schedule of Fees and Service Charges
to assist other agencies with services and equipment and for cost recovery to damaged
or vandalized City property that may occur during the fiscal year. Public Works only
provides assistance to public agencies on a non-priority basis. City work is scheduled
ahead of the work performed for other agencies, unless the request is a result of an
emergency.
These fees and charges include the City's indirect cost as set forth in the City's adopted
Cost Allocation Plan. This year, the indirect cost rate was reduced because the direct
cost increased (such as medical, dental, vision and salaries for maintenance personnel)
at a greater rate than the indirect cost (see attachment), but fringe benefits such as
medical, dental, vision and salaries for Maintenance Personnel has increased. These
changes caused labor to increase to $39.80 per hour and the over-time rate to increase
to $50.10 per hour. Equipment rates will increase due to rising fuel and maintenance
costs. Material costs for asphalt, sand, Class #2 base, and concrete also increased.
Examples of services provided include rental of the City's asphalt paver, roller or other
equipment and personel. When City property is damaged by traffic accidents or
vandalism, charges to replace/repair the property are also charged back to the
responsible party or their insurance company based on these fees.
CITY COUNCIL
CONSIDERATION OF RESOLUTION ADOPTING PUBLIC WORKS FEES AND
SERVICE CHARGES
OCTOBER 25, 2005
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staff's recommendation;
. Modify as appropriate and approve staff's recommendation; or
. Provide direction to staff.
Attachment: Schedule of Fees and Service Charges
- --- ----- - - ----- - -----..- ------- - ----- -_.~-_..- "-- _.._- --- --
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING SPECIFIED FEES
FOR PUBLIC WORKS FIELD SERVICES
WHEREAS, the City Council has established fees for services furnished by, or on
behalf of, the City of Arroyo Grande; and
WHEREAS, due to the effects of inflation and other factors, some of said fees are no
longer adequate to equitably compensate the City for the costs of providing certain field
services; and.
WHEREAS, the City wishes to recover the full cost of field services furnished by the
City; and
WHEREAS, the City Council has duly considered, on October 25, 2005 at a regularly
scheduled public meeting, the question of whether to adjust said fees to reflect the
estimated amount that is required to compensate the City for providing such services;
and
WHEREAS, at said meeting the City Council has duly considered all oral and written
presentations that were made regarding the proposed fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the schedule of fees entitled "CITY OF ARROYO GRANDE PUBLIC
WORKS DEPARTMENT FIELD DIVISION, FEES AND SERVICE CHARGES" attached -
hereto as Exhibit "A" and incorporated herein is hereby approved and adopted.
On motion of Council Member , seconded by Council Member
, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of October 2005.
RESOLUTION NO.
Page 2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
PUBLIC WORKS DEPARTMENT
Field Division
Fees and Service Charges
October 2005
LABOR COSTS:
Computed = (monthly wage x 12 months -'. 26 periods -'. 80 hours = hourly wage)
Hourly wage x 40% (fringe benefits) + $5.18 (medical, dental, vision) = direct
labor cost per hour + 16.68% indirect cost rate = billing rate
DURING WORK HOURS
Average Cost = $39,80 per hour
DURING AFTER HOURS: (1.5 x hourly wage rate) less benefits
Average Cost = $50.10
MINIMUM CALL-OUT RATE: (2 hours at 1.5 hourly wage rate)
EQUIPMENT COST
Pickup Trucks - $10.00 per hour .
Service Trucks - $37.00 Backhoe - $37.00 per hour
per hou r
PW-4 PW-34 PW-45
PW-6 . PW-40 PW-32 PW-41
PW-16 PW-42 PW-33 PW-52
PW-36 PW-9 PW-1
CAT Generator - Loader - $57.00 per hour 6" Pump - $18.00 per hour
$77.00 per hour
PW-282 PW-38 PW-140
Dump/Flat Bed Truck Crack Sealer - $42.00 per hour Sewer Vacuum/Jet Truck
5-7 yards $42.00 per hour $105.00 per hour
PW-19 PW-27 PW-50 PW-249 PW-51
Paver - $62.00 per hour Grader - $57.00 per hour Chipper - $42.00 per hour
PW-46 PW-14 PW-111
-c-
Paint Striper - $62.00 per hour Concrete Saw - $13.00 per hour Air Compressor
$16.00 per hour
PW-47 PW-103 PW-243
Grinder - $26.00 per hour .
5-Ton Roller - $23.00 per hour
PW-154 PW-12
MATERIAL COST: (cost plus tax)
Concrete - $89.25 yard Class II Base - $17.00 ton
Sand - $14.00 ton A/C - $45.50 ton
-- -.- ------ -----
8.i.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER cd15'
SUBJECT: CONSIDERATION TO REJECT THE BID FOR THE WELL NO. 10,
PHASE I PROJECT, PW 2004-07
DATE:, OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council reject the bid from Maggiora Brothers Drilling Inc. for
the Well NO.1 0, Phase I Project, PW 2004-07 and direct staff to readvertise the project to
solicit bids.
FUNDING:
This project is funded through the Capital Improvement Program in the amount of
$420,400.00 and will be developed in two separate phases. The bid of $327,250.00 for the
Phase I portion of the project is$137,250.00 higher than the Engineer's Estimate of
$190,000.00.
DISCUSSION:
On June 14, 2005, the City Council directed staff to solicit bids forthe Well No. 10, Phase I
Project. On July 12, 2005, one bid was received from Maggiora Brothers of Watsonville,
California in the amount of $287,094.00. Since the bid exceeded the Engineer's Estimate
of $155,000.00, Council rejected the bid at its August 9,2005 meeting and directed staff to
perform additional research to determine whether there were potential design changes that
. could result in cost savings to the project.
The sole bidder was contacted, as well as the other well drillers that did not bid on the
project to determine whether there are any construction issues that could also result in cost
savings. Staff then reviewed the design elements, revised the plans and specifications
accordingly, and re-advertised the project to solicit construction bids for October 13, 2005.
To increase the number of bidders that could potentially bid on the project, staff removed
the requirements for reverse rotary drilling and sound attention from the base bid. Staff
developed additive alternates on the bid schedule to be able to incorporate these elements
into the project award in the event that favorable bids are received.
S:IPUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projects\20051Well No 1 OICouncillPhase I . Second Rejection of
. Bids\Council Memo - 2nd Rejection of All Bids.doc
.- ~..- --._--
CITY COUNCIL
CONSIDERATION TO REJECT THE BID FOR THE WELL NO. 10, PHASE I PROJECT
PW 2004-07
OCTOBER 25, 2005
PAGE 2
On October 13, 2005, one bid was received forthe project from Maggiora Brothers Drilling,
Inc. in the amount of $327,250.00 (Base Bid $267,250.00 + Alternate A $30,000.00 +
Alternate B $30,000.00). . This represents an increase of $40,156.00 from the Maggiora
Brothers' July 12, 2005 bid. The scope of work, with the inclusion of the alternates, is
identical to the July 12th bid that had been rejected by the City Council.
Staff again contacted the drillers that had purchased plans and specifications but did not
submit formal bids. The drillers stated the following:
. The site is located in a residential area. The drillers were concerned with limited site
access, noise mitigation with the neighbors, and staging of materials.
. Since the projected depth is between 650 and 850 feet, a larger drill rig is required,
which weighs approximately 70,000 pounds. The majority of the local drillers do not
have equipment this large.
. . The current construction climate is very busy and most of the drillers have an extended
backlog of work. Due to the complexity of the project, the drillers appear to be
concentrating on the "easier" sites.
However, staff has also obtained information regarding other contractor(s) unaware of the
initial bids that would likely be interested in subrT)itting a bid for the project. Since the sole
bidder has indicated they cannot start prior to February 2006, staff believes the project can
be readvertised with no impact on the overall schedule. Therefore, given the budget for the
project, lack of bidding competition and the cost increase in the bid received, staff
recommends that Council reject the sole bid and direct staff to readvertise the project to
solicit bids.
The Phase I project provides for the construction of the test well to determine the actual
production capacity of the well and the water quality as a basis for the design of Phase II.
Phase II involves the construction of the permanent pump and associated waterline piping,
the required treatment facility, the building enclosure, and the permanent connection into
the City's water system. The well site is located on property at the southwest corner of the
Deer Trail Circle and Equestrian Way.
ALTERNATIVES:
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:
1. Bid Opening Log Sheet
S:\PUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projects\20051Well No 10lCouncilIPhase 1- Second Rejection of
Bids\Council Memo- 2nd Rejection of All Bids.doc
"
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: October 13, 2005; 2:00 p.m..
Well No.1 0, Phase I
Engineer's Estimate: $192,000
BIDDER'S NAME, CITY TOTAL
Maggiora Bros. Drilling Inc. $267,500
Watsonville, CA . Alt 1 =$30,000
Alt 2=$30,000
I f1JlJ1LZ--
inistrative Services/City Clerk
c: Director of Public Works
City Manager
- - -.-., ----.-.--
8.j.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE WILTON PLACE PAVING
PROJECT, PW 2005-03
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council:
A. accept the project improvements, as constructed by Papich Construction Company, Inc.
in accordance with the plans and specifications for the Wilton Place Paving Project;
B. direct staff to file a Notice of Completion; and,
C. authorize release of the retention of$18,017.22 thirty-five (35) days after the Notice of
Completion has been recorded if no liens have been filed.
FUNDING:
On June 28, 2005, the City Council awarded the Wilton Place Paving Project to Papich
Construction Company, Inc. in the amount of $177,723.40. The total project budget was
$191,609.57, which included costs for design, materials testing, contract administration, and
construction cost contingencies. The final adjusted project cost is $180,804.98, resulting in
a savings of $10,804.59.
DISCUSSION:
Papich Construction Company, Inc. has completed all items of work on the Wilton Place
Paving Project in accordance with the plans and specifications. The project scope of work
involved construction of a new asphalt roadway for Wilton Place, one of the last remaining
unpaved roadways in the City. Work items included the installation of underground storm
drain drainage and components to redirect storm water into the City's collection system.
The construction also includes the installation of asphalt transitions from the new roadway to
the existing residential driveways within the right-of-way.
S:\PUBLIC WORKS ENGINEERING SHARED ITEMSICapital Projects\20051Wilton PlacelCouncillProject
AcceptancelCouncil Memo - Project Acceptance.doc
. ----
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE OF THE WILTON PLACE PAVING PROJECT,
PW 2005-03
OCTOBER 25, 2005
PAGE 2
Staff is recommending the Council accept the improvements as constructed, authorize staff
to file a Notice of Completion, and release the remaining portion of the 10% retention
($18,017.21) to Papich Construction Company, Inc. thirty-five (35) days after the Notice of
Completion has been recorded if no liens are filed.
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.
Attachment:
1. Notice of Completion
~
S:IPUBLIC WORKS ENGINEERING SHARED ITEMS\Capital Projects\2005\Wilton Place\CouncillProject
Acceptance\Council Memo - Project Acceptance.doc
--
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
ATTACHMENT 1
CITY CLERK
CITY OF ARROYO GRANDE
P.O. BOX 550
ARROYO GRANDE, CA 93421
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe.
2. The FULL NAME of the OWNER is: The Citv of Arrovo Grande
3. The FULL ADDRESS of the OWNER is: 214 East Branch Street. Arrovo Grande. California 93421
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT
TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR=S jn interest of the undersjgned if the property was transferred
subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED Sevtember 13 2005
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Pavich Construction Comvanv
9. The street address of said property is: Wilton Place Arrovo Grande. California 93420
10. The property on whjch said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of
California, and is described as follows: Wilton Place Pavinll Proiect. PW2005-03
Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty ofpeljury under the laws of the State ofCalifomia that I am
the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I
know and understand the contents thereof, and the facts stated therein are Ime and correct.
Don Spagnolo, PE, Director of Public Works/City Engineer
October 26, 2005, Arroyo Grande, California
c. END OF DOCUMENT --
8.k.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGERF I
I
BY: KAREN SISKO, HUMAN RESOURCES MANAGER ~
SUBJECT: CONSIDERATION OF RESOLUTIONS ESTABLISHING THE CITY'S
CONTRIBUTION TOWARD HEALTH CARE COVERAGE
DATE: OCTOBER 25, 2005
RECOMMENDATION: j
It is recommended the City Council 1) Adopt a resolution establishing the City's
contribution towards health care coverage for members of the Arroyo Grande Police
Officers' Association; 2) Adopt a resolution establishing the City's contribution toward
health care coverage for members of the Arroyo Grande Career Firefighters,
International Association of Fire Fighters Local 4403; and 3) Adopt a resolution i
establishing the City's contribution toward health care coverage for members of the ,
I
Service Employees International Union, Local 620.
FUNDING:
Additional appropriations are not required to fund these increases as the FY 2005-06
Annual Budget was drafted to include the anticipated rate increases.
DISCUSSION:
The City provides health insurance benefits for its full-time employees through ,
I
CaIPERS. The increase in premiums for 2006 range up to an average of 9.5%. In an
effort to share the increasing costs with those that benefit from health insurance
coverage, the employees, cost sharing provisions were incorporated into the
Memorandums of Understanding (MOU) with the Arroyo Grande Police Officers'
Association, the Arroyo Grande Career Firefighters, International Association of Fire
Fighters Local 4403, and the Service Employees International Union, Local 620. Each
group has agreed to pay a different percentage of the increase in premium costs as
negotiated in their respective MOU's. In order to implement these cost-sharing
agreements with CaIPERS, separate resolutions for each employee group must be ,
adopted. These resolutions are attached for City Council consideration. I
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendation by adopting the three resolutions;
- Do not approve staffs recommendation;
- Modify as appropriate and approve staffs recommendation; or
- Provide direction to staff.
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 ("AGPOA")
WHEREAS, Government Code Section 22892(a) provides that a local agency
contracting under the Public Employees' Medical and Hospital Care Act (the "Act") shall
fix the amount of the employer's contribution at an amount not less than the amount
required under Section 22892(b)(1) of the Act; and
WHEREAS, Government Code Section 22892(c) 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 ("employee").
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AS FOLLOWS:
That the employer's contribution for each employee shall be the amount necessary to
pay the cost of his/her enrollment, including the enrollment of his/her family members in
a health benefits plan up to a maximum of $345.67 with respect to employee enrolled
for him or herself alone, $691.35 for an employee enrolled for him or herself and one
family member, and $898.76 for an employee enrolled for him or herself and two or
more family members, 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 ,2005.
RESOLUTION NO.
PAGE 2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS 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 CAREER
FIREFIRGHTERS, INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS LOCAL 4403
WHEREAS, Government Code Section 22892(a) provides that a local agency
contracting under the Public Employees' Medical and Hospital Care Act (the "Act") shall
fix the amount of the employer's contribution at an amount not less than the amount
required under Section 22892(b)(1) of the Act; and
WHEREAS, Government Code Section 22892(c) 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 Career Firefighters, International Association of Fire Fighters Local 4403
("employee").
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AS FOLLOWS:
That the employer's contribution for each employee shall be the amount necessary to
pay the cost of his/her enrollment,. including the enrollment of his/her family members in
a health benefits plan up to a maximum of $335.05 with respect to employee enrolled
for him or herself alone, $670.12 for an employee enrolled for him or herself and one
family member, and $871.17 for an employee enrolled for him or herself and two or
. more family members, 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 ,2005.
RESOLUTION NO.
PAGE 2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS 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 22892(a) provides that a local agency
contracting under the Public Employees' Medical and Hospital Care Act (the "Act") shall
fix the amount of the employer's contribution at an amount not less than the amount
required under Section 22892(b)(1) of the Act; and
WHEREAS, Government Code Section 22892(c) 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 ("employee").
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AS FOLLOWS:
That the employer's contribution for each employee shall be the amount necessary to
pay the cost of his/her enrollment, including the enrollment of his/her family members in
a health benefits plan up to a maximum of $352.37 with respect to employee enrolled
for him or herself alone, $704.73 for an employee enrolled for him or herself and one
family member, and $916.14 for an employee enrolled for him or herself and two or
more family members, 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 ,2005.
RESOLUTION NO.
PAGE 2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
- -- . - __ _.__ .___._u. ....-. - ..----. .. --- .~ .._n. --
--. --.
"8-1-
.:;. - ~o'-'
:~.. . Ii.-'
.~~-'-'-'-:---"'-
MEMORANDUM
TO: CITY COUNCIL
FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE @
SUBJECT: CONSIDERATION OF ACCEPTANCE OF THE MULTI-JURISDICTIONAL
LOCAL HAZARD MITIGATION PLANNING GRANT AND ALLOCATION
OF FUNDING
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council accept the Multi-Jurisdictional Local Hazard
Mitigation Planning (LHMP) Grant in the amount of $51,281.25 and approve the
allocation of the City's $17,093.75 (25%) portion.
FUNDING:
The Multi-Jurisdictional Local Hazard Mitigation Planning grant received by the City has
a Federal share of 75% ($51,281.25) and 25% ($17,093.75) as the City's share. Total
approved project costs amount to $68,375.00. The City's 25% portion would require a '
new allocation of funds from the General Fund.
DISCUSSION:
The City of Arroyo Grande is the host agency for this grant. This grant was submitted to
the Federal Emergency Management Agency (FEMA) through the Governor's Office of
Emergency Services (OES) on behalf of the Cities of Arroyo Grande and Grover Beach.
The Lucia Mar Unified School District is included in the grant as well.
The purpose of the Grant is to develop a contemporary Local Hazard Mitigation Plan as
required by the Federal Emergency Management Agency in order for the communities
to receive federal assistance in the event of an Incident of Local Consequence. At the
suggestion of the Governor's Office of Emergency Services and FEMA, a multi-
jurisdictional grant application was submitted in January 2005.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve staffs recommendation to accept the grant and allocate the funding;
- Do not approve staffs recommendation;
- Modify as appropriate and approve staff's recommendation;
- Provide direction to staff.
Attachment:
Governor's Office of Emergency Services, Hazard Mitigation Branch Letter of Approval
---...------- ---- --------.
STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
GOVERNOR'S OFFICE OF EMERGENCY SERVICES OES
HAZARD MITIGATION BRANCH CA 1.1'0.'" IA
3650 SCHRIEVER AVENUE ~*
MATHER, CALIFORNIA 95655
PHONE: (916) 845.8150 FAX: (916) 845.8386 """"""'OIfbof
~.-
September 23, 2005
Mr. David Mathe
Administrative Officer
City of Arroyo Grande
140 Station Way
Arroyo Grande, California 93421-0550
Dear Mr. Mathe:
SUBJECT: PDM-05, DES#PLiO, FEIvIA #4
FIPS #079-02868
Multi-Jurisdictional Local Hazard Mitigation Plan
The Governor's Office of Emergency Services (OES) has received notification from the
Federal Emergency Management Agency (FEMA) that your PDM-05 application has been
approved and awarded funding.
DES is sending this letter to notify your organization that you are now authorized to
begin working on your project in accordance with the documented scope of work noted in your
request. Our office will forward your official award package that contains all of the terms,
conditions and specific provisions of the award in the next few weeks.
Please phone the Hazard Mitigation Unit at (916) 845-8150 if you have any questions.
Sincerely, '
_~_tNlu..ctg-DL
MARCIA J. RENTSCHLER
Hazard Mitigation Manager
8.m.
MEMORANDUM
I
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE$
SUBJECT: CONSIDERATION OF SALARY ADJUSTMENTS FOR MANAGEMENT
EMPLOYEES
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution approving salary
adjustments for management employees for FY 2005-06.
FUNDING:
The cost impact of the recommendation is approximately $10,000 for FY 2005-06. If I
approved, the appropriate adjustments will be made in the first quarter budget report.
DISCUSSION:
Management compensation is reviewed on an annual basis and adjustments are I
normally recommended in conjunction with the annual budget process. The City's
current salary and classification system was structured based on a compensation and
classification study completed by Ralph Andersen & Associates in September 1997. As
noted in the study, the goals of the City's compensation plan are to:
. Ensure that the City has the ability to attract and retain well-qualified personnel
for all job classes; i
. Ensure that the City's compensation practices are competitive with those of
comparable employers;
I
Provide defensibility to City salary ranges based on the pay practices of similar ,
. I
employers; and
. Ensure pay consistency and equity among related classes based on the duties
and responsibilities assumed.
In order to maintain these goals, the attached resolution will implement additional
proposed equity adjustments effective November 1, 2005 (employees eligible on their ,
,
FY 2005-06 anniversary date). The previously approved 4% "Cost of Living
Adjustment" (COLA) will remain effective January 1, 2006, which will apply to all full-
CITY COUNCIL
MANAGEMENT SALARY ADJUSTMENT
OCTOBER 25, 2005
PAGE 2
time employees in the management classification. Therefore, Exhibit A to the resolution
lists proposed salary ranges to be effective November 1, 2005 and Exhibit B lists the
salary ranges that would become effective January 1, 2006.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
,
,
- Adopt resolution approving the proposed salary adjustments;
- Modify as appropriate and adopt the resolution;
- Do not adopt the resolution;
- Provide direction to staff.
S:\CITY MANAGER\STEVE\Cooncil Reports\Salary and Benefit Reports\Management Salary Benefit Report FY
2005-06 1O.25.05.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING SALARY ADJUSTMENTS
i FOR MANAGEMENT EMPLOYEES FOR FISCAL YEAR
I 2005-06
,
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City that compensation for Management employees be adjusted as
hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that:
1. Salary ranges for management classifications shall be adjusted as designated in
Exhibit "A" attached hereto and incorporated herein by this reference to be effective
for the pay period beginning November 1, 2005;
2. Salary ranges for management classifications shall be adjusted as designated in
Exhibit "B" attached hereto and incorporated herein by this reference to be effective
for the pay period beginning January 1 , 2006.
3. all other Management employee salary and benefit terms and conditions remain in
full force and effect.
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 ,2005.
I
I
I RESOLUTION NO.
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
-----_.- _ __.u_ --
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 11-01-05 based on Fiscal Year 2005-06 Anniversary dates
Range Position Anniversary Date
I I-Jul-06
i
30-Jun-06
22-Jan-06
20-Jan-06
I
12-Jan-06
7 -Oct-OS .
- ---
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 11-01-05
Range LOW MID HIGH Position
M-10
M-11
M-12
M-13
M-14 Office Assistant I
I
M-15
M-16
I M-17
M-18 Office Assistant II
M-19
M-20
M:21
M-22
M-23
- ~-
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 11-01-05
Range LOW MID HIGH Position
M-24 Administrative Secretary
M-25
,
I M-26
I
M-27
M-28
M-29 Executive Secretary
M-30
M-31
M-32
M-33 Assistant Planner
M-34
M-35
M-36
----~_.~--
-~
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 11-01-05
Range LOW MID HIGH Position
M-37 ' :4,002 ... ; Ml3, .' :4,86ii, Associate Planner
Accounting Supervisor
M-38
, M-39 Executive Assistant to the CM.
M-40
M-41
M-42
M-43
M-44
M-45
M-46
M-47 Administrative Services Director
Human Resources Manager
M-48 Building Official
M-49
M-50
---~._-~
EXHIBIT "An
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 11~01-05
Range LOW MID HIGH Position
M-51
M-52 Assistant City Engineer
i M-53
,
M-54
M-55 Police Commander
M-56
M-57
M-58
I
M-59
M-60 Pks, Rec. & Facilities Director
Financial Services Director
M-61 CD. Director
M-62 Building & Fire Director
P.W. Director
M-63 Police Chief
M-64
--
EXHIBIT "A"
I
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 11-01-05
Range LOW MID HIGH Position
M-65
I M-66
M-67
M-68
M-69
I M-70
I
,
M-71
I M-72
M-73
M-74
M-75
------. ------ ..-
-_.-- --
EXHIBIT "B"
i CITY OF ARROYO GRANDE
\
Management Salary Ranges
4.0% Salary Range Adjustments 01-01-06
4.0% 4.0% 4.0%
Range LOW MID HIGH Position
M-I0 Old 2,055 2,266 2,498
i
!
M-ll Old 2,106 2,322 2,561 /
, New'
M-12 Old 2,159 2,380 2,625
M-13
M-14 Old 2,268 2,501 2,758 Office Assistant I
M-15 Old 2,325 2,563 2,827
M-16 Old 2,628 2,897
M-17 Old 2,442 2,693 2,970
M-18 Old 2,503 2,761 3,044 Office Assistant II
M-19 Old 2,566 2,830 3,120
2):)43 ". '. 3,245 .
,."............,.-'. .,-,......,
M-20 Old
M-21 Old 2,696 3,278
M-22 ,Old 2,763 3,047 3,360
M-23 Old 2,832 3,123 3,444
New:
..- --
EXHIBIT "B"
CITY OF ARROYO GRANDE
Management Salary Ranges
4.0% Salary Range Adjustments 01-01-06
4.0% ,4.0% 4.0%
Range LOW MID HIGH Position
M-24 Old 2,903 3,201 3,530 Administrative Secretary
M-25 Old 2,976 3,281 3,618
"'New,
M-26 Old 3,709
M-27 Old 3,126 3,448 ,3,801
M-28 Old 3,205 3,534 3,897
New.':
M-29 3,994 Executive Secretary
M-30 4,094
M-31 Old 3,451 3,805 4,196
M-32 Old 3,537 3,901 4,301
M-33 Assistant Planner
M-34 Old 3,716 4,098 4,519
f,"":"<'<' i>, '" ><.;"';; -';;",' ": ~ _ ,," '<
3,865 ;:<,4,262'. .,.4,700,
';;.,.....,',..,,-, """."" ,j;..,.,..",,,,--_." ,....... ...
M-35 Old 3,809 4,201 4,632
M-36 Old 3,904 4,306 4,748
-- -- -- --- -- -
EXHIBIT "B"
CITY OF ARROYO GRANDE
Management Salary Ranges
4.0% Salary Range Adjustments 01-01-06
4.0% 4.0% 4.0%
Range LOW MID HIGH Position
M-37 Old 4,002 4,413 4,866 Associate Planner
Accounting Supervisor
I
I M-38 4,988
I
M-39 Old 4,205 4,637 5,113 Executive Assistant to the eM.
New,
M-40 Old 4,310 4,753 5,240
I M-41 Old 5,371
I .:.,5586
. ...., - .I. ~._'
I M-42 4,993 5,506
M-43 Old 5,643
M-44 Old
M-45 5,929
M-46 Old
,New:
M-47 Old 5,123 5,649 6,229 Human Resources Manager
Administrative Services Director
M-48 Old 5,790 6,385 Building Official
M-49 Old 5,382 6,545
M-50 Old 5,517 6,084
- ------
EXHIBIT "B"
CITY OF ARROYO GRANDE
Management Salary Ranges
4.0% Salary Range Adjustments 01-01-06
4.0% 4.0% 4.0%
Range LOW MID HIGH Position
M-51 Old 5,655 6,236 6,876
M-52 Old 5,796 6,392 7,048 Assistant City Engineer
, ,....,..
New'
M-53 Old 5,941 6,551 7,224
M-54 Old 6,090 6,715 7,405
""'-''''''!'':, .,<-:._,' '"':"i: :::.ji'.""-,-"",-,,,}"':, "-""'::"'--',"""
New, ", ,6,333, :;6,984 .'7;701'
< ,-,.'.-,-,-...'.-_.,...,......,, "".".;-,.",-.."...,-'-.". . -',-'
M-55 Old 6,242 6,883 7,590 Police Commander
I
I M-56 Old 6,398 7,055 7,779
,
M-57 Old 6,558 7,232 7,974
M-58
M-59 Old 6,890 7,598 8,378
M-60 Old 7,062 7,788 8,587 Pks, Rec. & Facilities Director
Financial Services Director
M-61 Old 7,239 7,982 8,802 C. D. Director
M-62 Old 7,420 8,182 Building & Fire Director
New, P.W. Director
M-63 Old 7,605 8,386 9,247 Police Chief
M-64 Old 7,795 8,596 9,478
- --~----
EXHIBIT "B"
CITY OF ARROYO GRAND~
Management Salary Ranges
4.0% Salary Range Adjustments 01-01-06 .
4.0% 4.0% 4.0%
Range LOW MID HIGH Position
M-65 Old 7,990 8,811 9,715
M-66 Old 8,190 9,031
M-67 Old 8,395 9,257 10,207
M-68 Old 8,604 9,488 10,462
New '/,8,949 . .,:,'10,881.
M-69 Old 8,820 9,726 10,724
M-70 Old 9,040 9,969 10,992
M-71 Old 9,266 11,267
,,' N~w
M-72
M-73 Old 9,735 10,735 11,837
M-74 Old 9,979 11,004 12,133
M-75 Old 10,228 11,279 12,437
------.------
8.n.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE~r
BY: KAREN SISKO, HUMAN RESOURCES MANAGER Y--}
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING A SALARY
RANGE FOR A PART -TIME ASSOCIATE PLANNER POSITION
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council adopt a resolution establishing a salary range for a
part-time Associate Planner position.
FUNDING:
The contract Associate Planner position wages are covered by funds in the budget.
Based on a twenty-hour work week for a permanent part-time Associate Planner, an
additional appropriation of $3,536.00 will be needed to cover an annual salary step
increase and benefits provided to permanent part-time employees.
DISCUSSION:
The City currently has a contract Associate Planner position, which works approximately
twenty hours per week. The ongoing workload and needs of the department
necessitate the position to become permanent part-time versus contract status. The
start rate of pay for this position will be $24.01 per hour, which is consistent with the full-
time Associate Planner position.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staffs recommendation;
2. Do not approve staffs recommendation;
3. Modify as appropriate and approve staffs recommendation; or
4. Provide direction to staff.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A SALARY RANGE FOR A
PART-TIME ASSOCIATE PLANNER POSITION
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City to establish a part-time Associate Planner position; and
WHEREAS, the City Council of the City of Arroyo Grande ("City") deems it in the best
interest of the City to establish a salary range for the position of part-time Associate
Planner. This position will be placed on the permanent part-time employee salary
schedule.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the permanent part-time position of shall receive the rates of pay as
follows:
POSITION START 1 YEAR 2 YEARS 3 YEARS +
PAY SERVICE SERVICE SERVICE
Associate Planner $24.01 $25.61 $27.33 $29.20
This Resolution shall become effective as of October 26, 2005.
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 ,2005.
RESOLUTION NO.
PAGE 2
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
8.0.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
BY: KAREN SISKO, HUMAN RESOURCES MANAGER ~
SUBJECT: CONSIDERATION OF CHANGE IN INSURANCE PROVIDER
(LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, AND
DISABILITY)
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended that the City Council: 1) approve a change in the City's
insurance provider for life insurance, accidental death and dismemberment,
short-term disability, long-term disability, and voluntary life insurance; and 2)
authorize the City Manager to execute all necessary documents to implement the
change.
FUNDING:
There would be a cost savings of approximately $6,000 per year over the next
three years.
DISCUSSION:
Currently the City uses Assurant Employee Benefits to provide City employees
with life insurance, accidental death and dismemberment, short-term disability,
long-term disability, and voluntary life insurance. Staff has investigated the cost
of similar insurance policies and has determined that a change from Assurant
Employee Benefits to The Standard Insurance Company would result in a net
cost savings to the City, the rates would be guaranteed for the next three years,
and there would be a minor enhancement in benefits. No other material
difference in the insurance policies themselves would result from the adjustment.
It is recommended the City Council approve the change in insurance providers
and authorize the City Manager to execute all necessary documentation.
Alternatives:
- Approve staffs recommendation;
- Do not approve staffs recommendation; and
- Provide direction to staff.
..-. -.---
9.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND tf!
FACILITIES
SUBJECT: CONTINUED PUBLIC HEARING -CONSIDERATION OF PROPOSED
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE
COMMUNITY TREE PROGRAM
DATE: OCTOBER 25, 2005
RECOMMENDATION:
It is recommended the City Council introduce an Ordinance, amending portions of
Chapter 12.16 of Title 12 of the Municipal Code regarding the Community Tree
Program.
FUNDING:
There is no impact to the General Fund.
DISCUSSION:
The proposed Ordinance was considered at a public hearing on September 27, 2005.
Following public hearing and subsequent Council comments, the Council continued the
item to the October 25, 2005 meeting and directed staff to modify the Ordinance to
provide clarification on the following items contained in the Ordinance:
. A more definitive definition of a "Regulated Tree"
"Regulated Tree means any tree located on properties in Commercial, Multi-
Family or Mixed Use Zones; Coastal Live Oak trees (Quercus Agrifolia) on
properties in Single Family Residential Zones that measure 6" in diameter when
measured 4'6" from the base; and any trees located' in the public right-of way
adjacent to the street on properties in Single Family Residential Zones, whether
City or Privately owned." Most trees in public right-of way are City owned or
maintained by Homeowner's Association. Generally, the City right-of-way
consists of back of sidewalk or utility easements.
. An increase in the dimension of what size tree constitutes a "Regulated Tree".
Initially, a Regulated Tree was defined as 2" in diameter wheri measured 4'6';
from the base. On Council,direction, this has been increased to 6" in diameter
when measured 4'6" from the base of the tree.
. A definition of "Lion's Tailing"
"Lion's Tailing" means the removal of an excessive number of inner, lateral
branches from the parent branches. Lion's Tailing is not an acceptable practice.
. A clarification of tree pruning standards being applied to "Regulated Trees".
CITY COUNCIL
PROPOSED ORDINANCE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12
OF THE ARROYO GRANDE MUNICIPAL CODE RE COMMUNITY TREE PROGRAM
OCTOBER 25, 2005
PAGE 2
, The City Council may adopt by resolution standards for the pruning of regulated
trees on private property, with which all licensed tree companies doing business
in the City shall comply.
These clarifications have been included in the revised Ordinance.
ALTERNATIVES:
The following alternatives are provided for the Council's conside~ation:
Introduce the Ordinance;
Modify and introduce the Ordinance;
Do not introduce the Ordinance;
Provide direction to staff.
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12
OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE
COMMUNITY TREE PROGRAM
WHEREAS, it is in the best interest of the City, the public, and the environment to have
a comprehensive community, tree program that promotes the preservation, the
maintenance, and regeneration of all trees; and
WHEREAS, on August 10, 2005, the Parks and Recreation Commission reviewed and
considered the information presented and recommends approval 'of the proposed
amendments to the Community Tree Program; and
WHEREAS, on September 27, 2005, the City Council reviewed and considered the
information and public testimony at a duly noticed public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section ,12.16.010 of Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.010 Purpose.
It is in the best interest of the City, the public, and the environment to establish a
comprehensive community tree program that promotes:
A. The preservation, the maintenance, and regeneration of all trees;
B. A beautiful and aesthetically pleasing community;
C. Trees or groves of unique or historical value and wildlife habitat;
D. Educational programs that address the importance of trees in the
environment and their role in purifying the air, providing shade, controlling
erosion, and maintaining the rural, small town atmosphere.
E. Improved communication between the Parks and Recreation Commission.
Architectural Review Committee and Plannina Commission reaardina tree
related issues and concems.
Further, in order to implement the goals and objectives of the parks and
recreation element of the City of Arroyo Grande's general plan, and to mitigate the loss
of open space and vegetation caused by new development in the City, the City Council
has determined that a development impact fee (or the implementation of a tree planting
plan in lieu thereof) is needed in order to finance the planting of trees and to pay for the
development's fair share of the implementation of these improvements.
This chapter establishes policies, regulations and specifications necessary to '
govern installation, maintenance and preservation of trees to accomplish the above
stated purpose.
ORDINANCE NO. -
PAGE 2
SECTION 2. Section 12.16.020 of Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
"Certified arborisf' shall be one of the persons who has completed the
requirements of, and who appears on the approved list of the International Society of
Arboriculture, Western Chapter. This list shall be available for review in the Community
Development Department. "City" means the City of Arroyo Grande.
"City Council" means the City Council of the City of Arroyo Grande.
"Conditioned tree" means any tree that is to be preserved and protected from
removal, destruction or loss as a requirement of a permit issued by a permit-granting
authority.
"Development" means any project involving the issuance of permit for
construction or reconstruction, other than interior remodeling, but not a permit to
operate.
"Director" means the City Parks, Recreation and Facilities director or his or her
duly appointed agent.
"Dripline" means an imaginary vertical line running from the outermost branches
or portions of the tree crown to the ground.
"Excessive Pruninq" shall mean removinq in excess of one third (33.3 percent) or
oreater of the functionino leaf, stem, or root area of a tree. Pruninq in excess of 33.3
percent is injurious to the tree and is prohibited unless written approval is qranted by the
Parks, Recreation and Facilities Director or his appointed representative prior to
initiatinq the work. Toppinq and lion's tailinq shall be considered unacceptable pruninq
practices for trees.
"Landmark tree" or "landmark grove" means existing tree(s) on public or private
property that has been found to be a notable horticultural specimen, or is of significant
aesthetic, cultural or historical value, and is designated as such by resolution of the City
Council, upon recommendation of the Planning Commission or Parks and Recreation
Commission of the City. Landmark trees may include street trees.
"Lion's Tailinq" means the removal of an excessive number of inner, lateral
branches from parent branches. Lion's tailinq is not an acceptable practice.
"Maintenance"-means pruning, spraying, fertilizing, staking, irrigating, treating for
disease or injury, and other similar acts that promote the life, growth, health or beauty of
trees or shrubs.
"Owner" means an individual, firm, association, corporation, partnership, persona
and lessees, trustees, receivers, agents, servants and employees of any such
person(s).
"Parks and Recreation Commission" means the Parks and Recreation
Commission of the City of Arroyo Grande.
"Parks and Recreation Tree Subcommittee" means a subcommittee consisting of
three ' members, of the Parks and Recreation Commission, as appointed by the
chairperson of the Parks and Recreation Commission. The Tree Sub-Committee (Parks
and Recreation Commissionl is responsible for hearino all appeals related to issuance
of tree removal permits for recommendations to the Citv Council.
"Permit-granting authority" means that appropriate individual or body designated
by municipal code or state law to have the legal authority to issue the permit for which
application was made.
I
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"Planting easement" means an easement adjacent to public right-of-way obtained
for the purpose of planting and maintaining street trees.
"Planning Commission" means the Planning Commission of the City of Arroyo
Grande.
"Public places" means all properties owned by the city and public easements.
"Public streets" means all City public rig ht-of-ways , including all public
easements.
"Reoulated Tree means any tree located on properties in Commercial. Multi
Family or Mixed Use Zones: Coastal Live Oak trees (Quercus Aorifolial on properties in
Sinole Family Residential Zones that measure 6" in diameter when measured 4'6" from
the base: and anv trees located in the public rioht-of-way adiacent to the street on
properties in Sinole Family Residential Zones, whether Citv or Privatelv owned.
"Street trees" means any tree in any street, park, public place, or public
easement.
"Subdivision" means any subdivision of property, including minor subdivisions.
"Toppino" shall mean the severe cuttino back of limbs to stubs laroer than three
inches in diameter within the tree's crown to such a deoree so as to remove the normal
canopv and disfioure the tree.
"Tree removal" means the destruction or displacement of a tree or shrub by
cutting, bulldozing, mechanical, chemical or other method, which results in a physical
transportation of the tree from its site and/or death of the tree.
"Tree well" means an unsurfaced area provided within a paved or concrete
sidewalk for the planting of a tree.
"Tree" means any woody plant with a trunk diameter of six inches or more when
measured 4'6" about grade, or multi-trunk woody plant with main branches that total
four inches or more when measured 4'6" above grade. For the purpose of this chapter,
all Quercus (Oak) species are declared to be trees at six inches or more in diameter at
grade.
"Tree coordinator" means the City employee who is responsible for the, City
Landmark Tree Program, memorial tree planting, Arbor Day activities, education
programs, issuing of tree removal permits, and coordination with citizens regarding tree
matters.
"Undeveloped property" means property that has been zoned to allow
development, but which has not yet been developed.
SECTION 3. Section 12.16.030 of Chapter 12.16 of Title 12 of the Arroyo Grande
Municipal Code is hereby amended as follows:
12.16.030 Street tree requirements.
A. A street tree shall be planted at the time of construction by every property
owner, except for subdivisions, spaced no farther than fifty (50) feet apart along the
street frontage of any building constructed. Interior remodeling permits and activity shall
be exempt from street tree planting requirements. The director shall specify specific
locations along the frontage of the constructed building for street trees and shrubs on
public streets and tree planting easements, and the species of tree shall be selected by
the director from the master street tree list on file with the Parks, Recreation and
Facilities Department. Street trees shall be of a fifteen (15) gallon-container size (or
ORDINANCE NO. -
PAGE 4
greater) and comply with the standards set forth by the American Society of
Nurserymen.
B. For property within commercial or industrial zoned districts in the City, the
property owners, upon construction, shall provide tree planting wells within any paved or
concrete sidewalk. Street trees shall be planted within these wells as outlined in
subsection A of this section, with the addition of installing deep root barriers.
C. A fee, consistent with that established by the City Council for subdivision
maps shall be imposed by the director, if the property owner requests that the City plant
the required tree(s) on his or her behalf.
D. All existing and proposed street trees shall be identified by the applicant
on all construction and building plans and maps presented to the city.
E. No existing street tree shall be removed or replaced without written
authorization of the director or the tree coordinator.
F. It shall be the responsibility of the property owner to properly maintain all
street tree-planting areas upon his or her property, including any adjacent easement,
regardless of whether such property is developed. Such maintenance shall include
irrigation and keeping such strips free from weeds or any obstructions deemed contrary
to public safety and in conformance with the plan approved by the director for the
property involved.
G. The director shall, at city expense, inspect and, when necessary, remove
and/or replace street trees.
H. The director may cause the roots of young trees in the process of
development to be cut to prevent future sidewalk lifting. Roots on older trees that have
lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate
for the loss of root area.
I. The director may cause the removal of overhead limbs from any street
tree, regardless of the location of such street tree, if, in the director's opinion, such
removal is necessary in the interest of public safety.
J. Nothing in this chapter shall be deemed to relieve the owner and occupant
of any private property from the duty to keep his or her private property, sidewalks and
planting strip in front of such private property in a safe ,condition and so as not to be
hazardous to public travel.
K. Whenever a property owner desires to have a street tree removed, he or
she shall apply to the director for a permit for such removal. The director may approve
or deny such request. If the director finds the tr-ee is in good Gendition and the permit is
granted solely for the Genvenience of the applicants, tt:le full cost ef such removal (lnd
replacement et:lall Be Berne BY the applicant.
L. Any street tree damaged or destroyed by an individual shall be replaced
through payment by the person or persons causing such loss to the City. The amount of
such payment shall be the replacement value of the tree, as determined by the director,
but in no event shall it be less than one hundred fifty dollars ($150.00) per tree and shall
be in addition to any criminal fine or penalty for municipal code violation. Any act
intentionally damaging or destroying a street tree shall constitute a misdemeanor
violation of this chapter.
SECTION 4. Section 12.16.070 of Chapter 12.16 of Title 12 of the Arroyo Grande
,Municipal Code is hereby amended as follows:
12.16.070 - Tree removal in Multi Family Residential, Mixed Use or Commercial Zones.
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PAGE 5
A. No person(s) shall allow or cause the removal of any regulated tree(s) on
property used or zoned Multi Family, Mixed Use or Commercial without first obtaining a
tree removal permit from the director or tree coordinator. Furthermore. no Oak trees
(Quercus Aarifolia) or street trees areater than 6" in diameter when measured 4'6" from
the base planted in the riaht of wav mav be removed in Sinale Familv Residential zoned
areas without first obtainina a tree removal permit. The permit is available at no charge.
B. Tree removal in the above locations without a permit shall constitute a
misdemeanor violation of this chapter, and in addition, removed trees shall be replaced
through payment by person or persons causing such loss to the City. The amount of
such payment shall be the replacement value of the tree as determined by the director,
but in no event shall it be less than one hundred fifty dollars ($150.00) per tree; and it
shall be in addition to any criminal fine or penalty for municipal code violation.
C. The intended decision of the director or tree coordinator for issuing or
refusing a tree removal permit shall be based upon reasonable standards, including:
1. The condition of the tree regarding its general health, location to utilities or
structures, or status as a public nuisance;
2. The necessity of the requested action to allow construction of
improvements or otherwise allow economic or other reasonable enjoyment of property;
3. ,~ The topography of the land and the effect of the tree removal on erosion
and water retention;
4. The number, species, size and location of existing trees in the area and
the effect of the tree removal on scenic beauty, historic values, and the general welfare
of the city;
5. Good .forestry practices in general.
D. Standards for the Prunina of Trees on Private Propertv
1. The Citv Council mav adopt bv resolution standards for the prunino of
reaulated trees on private propertv. with which all licensed tree companies doino
business in the Citv shall complv. At a minimum all prunino shall complv with the
standards establishedbv the International Societv of Arboriculture.
2. Failure to complv to with these standards as determined bv the Citv
Council shall constitute a misdemeanor violation of this chapter and mav result in the
suspension of the tree companv's business license. if applicable. as follows: First
offense. suspension of the business license for a period not exceedino 90 davs. and for
a second offense or anv subseauent offenses. bv suspension of the business license for
a period not exceedina one vear.
E. Toppina Prohibited.
Intent. To insure healthv. structurallv stable. aestheticallv pleasina trees and mitiaate
public Iiabilitv.
1. Toppina shall mean the severe cuttino back of limbs to stubs laraer than
three inches in diameter within the tree's crown to such a dearee so as to remove
the normal canopv and disfiaure the tree. It shall be unlawful to top or stub trees.
2. Utilitv line clearina shall be accomplished bv the drop crotch method of
prunina and shall include side branches.
3. All prunino of public trees shall be in accordance with current prunina
specifications of the Citv Parks Division.
F. Appeals.
Appeals reaardino denial of tree removal permits bv the Director are to be
submitted in writina to the Park and Recreation Commission within 14 davs of the
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PAGE 6
Directors decision. Actions of the Parks and Recreation Commission are final unless
appealed to the Citv Council. '
9. G. Exceptions. A tree removal permit is not required for the following:
1. Trees in hazardous condition that represent an immediate danger to
health or property as determined by the City;
2. Christmas tree lots;
3. Fruit trees;
4. Owners of firewood harvesting lots need not obtain a removal permit, if the
species of trees harvested ,are eucalyptus or pines.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to' be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrase be declared unlawful.
SECTION 3: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (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 theoCity 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member, seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was passed and adopted this day of ,
2005.
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PAGE 7
TONYFERRARA,MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY