Agenda Packet 2011-06-28CITY OF
City Co
Tony Ferrara, Mayor /Chair
Caren Ray, Mayor Pro Tem /Vice Chair
Joe Costello, Council /Board Member
Jim Guthrie, Council /Board Member
Tim Brown, Council /Board Member
q
Steven Adams, City Manager
Timothy J. Carmel, City Attorney
Kelly Wetmore, City Clerk
AGENDA SUMMARY
CITY COU NCI L/REDEVELOPM ENT AGENCY MEETING
TUESDAY, JUNE 28, 2011
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER:
2. ROLL CALL
3. FLAG SALUTE:
4. INVOCATION:
5. SPECIAL PRESENTATIONS:
5.a. Special Centennial Presentations
6.
6a.
7:00 P.M.
COUNCIL /RDA
BOB LUND, ARROYO GRANDE IN BLOOM
RANDY OUIMETTE — PASTOR, ST. JOHN'S
LUTHERAN CHURCH; CHAPLAIN, FIVE CITIES
FIRE AUTHORITY
Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY —JUNE 28 2011
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
♦ Direct City staff to assist or coordinate with you.
♦ A Council Member may state a desire to meet with you.
♦ It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
♦ Comments should be limited to 3 minutes or less.
♦ Your comments should be directed to the Council as a whole and not directed
to individual Council members.
♦ Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council
Member may request that any item be withdrawn from the Consent Agenda to permit
discussion or change the recommended course of action. The City Council may
approve the remainder of the Consent Agenda on one motion.
8.a. Consideration of Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period June
1, 2011 through June 15, 2011.
8.b. Consideration of Statement of Investment Deposits (KRAETSCH)
Recommended Action: Receive and file the report listing the current investment
deposits of the City, as of May 31, 2011, as required by Government Code Section
53646(b).
8.c. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special and Regular City
Council Meetings of June 14, 2011, as submitted.
AGENDA SUMMARY —JUNE 28 2011
PAGE 3
8. CONSENT AGENDA (cont'd)
8.d. Consideration of an Award of Contract to Ferravanti Grading & Paving for
Construction of the Traffic Way Extension Asphalt Overlay and Citywide Digout
Project, PW 2011 -04 (MCCLISH)
Recommended Action: 1) Award a contract for the Traffic Way Extension Asphalt
overlay and Citywide Digout Project to Ferravanti Grading & Paving in the amount of
$314,362; and 2) Authorize the City Manager to approve change orders for 10% of
the contract, $31,436, for unanticipated costs during the construction phase of the
project.
8.e. Consideration of a Fourth Amendment to the Aareement with North Coast
Engineering for the El Camino Real Rehabilitation and Enhancement Project,
PW 2008 -09 (MCCLISH)
Recommended Action: 1) Approve a Fourth Amendment to the Agreement for
Consultant Services with North Coast Engineering to increase the "not to exceed"
amount by $8,958 to perform additional roadway design services near Cornwall
Avenue, construction surveying and construction support for the El Camino Real
Rehabilitation and Enhancement Project; and 2) Authorize the Mayor to execute the
Amendment.
8.f. Consideration to Approve Final Tract Map 2653 — Cherry Creek; Subdividing 9
Acres into Twenty -Eight Residential Lots, Six Open Space Lots, and One
Drainage Lot; Adopt a Resolution Accepting Easements and Public
Improvements; Approve a Subdivision Improvement Warranty Funding
Agreement; Adopt a Resolution Accepting the Transfer of a Portion of the Real
Property Formerly Known as Dirt Cherry Avenue Located Immediately Adjacent
to Tract 2653; and Approve an Agricultural Buffer Easement and maintenance
Agreement (MCCLISH)
Recommended Action: 1) Approve Final Tract Map 2653 — Cherry Creek,
subdividing 9 acres into twenty -eight residential lots, six open space lots, and one
drainage lot; 2) Adopt a Resolution accepting the Lot 29 drainage lot, easements and
public improvements; 3) Approve a Subdivision Improvement Warranty Funding
Agreement withholding $271,707 of funds the City committed to pay to the Tract
owner towards the regional portion of the drainage improvements installed as part of
the project and an additional $21,800 to guarantee certain additional minor
improvements; 4) Adopt a Resolution accepting the transfer of a portion of the real
property formerly known as Dirt Cherry Avenue located immediately adjacent to Tract
2653; and 5) Approve an Agricultural Buffer Easement and Maintenance Agreement.
8.g. Consideration of Development Code Amendment 11 -003; Adoption of
Ordinance Amending Regulations Regarding Temporary Signs; Citywide
(MCCLISH)
Recommended Action: Adopt an Ordinance amending portions of Chapter 16.60 of
Title 16 of the Arroyo Grande Municipal Code regarding temporary banners and
signs.
8.h. Consideration of Consultant Services Agreement with The Wallace Group
(ADAMS)
Recommended Action: Approve and Authorize the Mayor to execute an updated
agreement with the Wallace Group for engineering services.
AGENDA SUMMARY —JUNE 28 2011
PAGE 4
8. CONSENT AGENDA (cont'd)
8.i. Consideration of City Manager Employment Agreement (ADAMS)
Recommended Action: Approve a new City Manager employment agreement.
8.j. Consideration of Salary and Benefit Adjustments for Management Employees
(ADAMS)
Recommended Action: Adopt a Resolution modifying salary and benefits for
management employees for FY 2011 -12.
8.k. Consideration of Memorandum of Understanding with the Service Employees
International Union Local 620 (ADAMS)
Recommended Action: Adopt a Resolution approving a Memorandum of
Understanding with the Service Employees International Union Local 620.
9. PUBLIC HEARINGS:
None.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of FY 2011 -12 1FY 2012 -13 Biennial Budget (KRAESTCH)
[CC /RDA]
Recommended Action: Adopt a Resolution approving the FY 2011 -12 Budget.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be participating.
(a) MAYOR FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional
Transit Authority (SLOCOG /SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee
(4) Other
(b) MAYOR PRO TEM RAY:
(1) Economic Vitality Corporation (EVC)
(2) California Joint Powers Insurance Authority (CJPIA)
(3) Tourism Committee
(4) Other
AGENDA SUMMARY —JUNE 28 2011
PAGE 5
12. CITY COUNCIL REPORTS (cont'd)
(c) COUNCIL MEMBER COSTELLO:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(4) Other
(d) COUNCIL MEMBER GUTHRIE:
(1) South County Area Transit (SCAT)
(2) Community Action Partnership (CAPSLO)
(3) Homeless Services Coordinating Council (HSOC)
(4) Other
(e) COUNCIL MEMBER BROWN:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
13. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and /or request a formal
agenda report be prepared and the item placed on a future agenda. No formal action
can be taken.
None.
14. CITY MANAGER ITEMS
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and /or request direction from the Council. No formal action can be
taken.
None.
15. COUNCIL COMMUNICATIONS:
Correspondence /Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence /Comments as presented by the City Manager.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
AGENDA SUMMARY -JUNE 28 2011
PAGE 6
18. ADJOURNMENT
* * * * * * * * * * * * * * * * * * * * * * * **
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the
agenda are available for public inspection during regular business hours in the City Clerk's office, 300 E.
Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request
for disability - related modification or accommodation, contact the Legislative and Information Services
Department at 805 - 473 -5414 as soon as possible and at least 48 hours prior to the meeting date.
* * * * * * * * * * * * * * * * * * * * * * * **
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports
can be accessed and downloaded from the City's website at www.arroyogrande.org
* * * * * * * * * * * * * * * * * * * * * * * * **
City Council /Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at www.slo- span.org
'
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INCORPOIqlATED 9 �
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L JULY 10, 19111 * J
Nkq, F 0NP
MEMORANDU
TO: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICE
BY: TRICIA MEYERS, SENIOR ACCOUNT CLERK
SUBJECT: CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
DATE: JUNE 28 2011
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period .June 1 through .June 15, 2011.
FINANCIAL IMPACT:
There is a $663,356.70 fiscal impact that includes the following items:
• Accounts Payable Checks 149998- 150169 $ 188
• Payroll Checks &Benefit Checks $ 474,612.81
B ACKGROUND:
Cash disbursements are made weekly based on the submission of all required
documents supporting the invoices submitted for payment. Prior to payment,
Administrative Services staff reviews all disbursement documents to ensure that they
meet the approval requirements adopted in the Municipal Code and the City's
Purchasing Policies and Procedures Manual of February 2000.
ANALYSIS of ISSUES:
The attached listing represents the cash disbursements required of normal and usual
operations during the period. The disbursements are accounted for in the FY 2010-
budget,
ALTERNA *I'1ES:
The following alternatives are provided for the Council's consideration:
Approve staffs recommendation;
0 Do not approve staffs recommendation;
0 P rovi de d i recti on to staff.
Agenda Item 8.a.
Page 1
CITY COUNCIL
CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
JUNE 28, 2011
PAGE 2
ADVANTAGES:
• The Administrative Services Department monitors payment of invoices for
accountability, accuracy and completeness using standards approved by the
Council.
• Invoices are paid in a timely manner to establish goodwill with merchants.
• Discounts are taken where applicable.
DISADVANTAGES:
No disadvantages have been identified as long as City Council confirms all
expenditures are appropriate.
ENVIRONMENTAL EVI ENV
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, .June 23, 2011. The Agenda
and report were posted on the City's website on Friday, .June 24, 2011. No public
c omments were received.
Affach rent :
1. .June 1 —.June 15, 2011 — Accounts Payable Check Reg
2. .June 3, 2011 — Payroll Check Benefit Checks Register
Agenda Item 8.a.
Page 2
ATTACHMENT I
Page: '1
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Check #
Date
Vendor
Status Clear/Vold Date Invoice
Inv. Date
Amount Paid
Check Total
140008
06102/2011
000012 A F I -TIFF SUPPLIES, INC
04143
0410812011
E 010.4430.5285
1,147.07
1,1
1,147.07
140000
0610212011
007681 AMERICAN CAR
05370
06/0712011
E 010.4213.5303
425.00
425.00
425.00
1 50000
0610b2011
003175 AQUA -METRIC SALES
0037778 - IN
06/13/2011
E 640.4712.8207
6 + 864.00
E 640.4712.8207
600.60
7,464.60
7,464.60
150001
0610212011
006607 AT
000002387612
0812512011
E 010.4148.5403
837.24
837.24
000002387614
0512512011
E 010.4201.5403
85.62
85.62
000002388379
0512512011
E 010.4145.5403
57.52
57.52
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05/25/2011
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Pag
06120!2011 1:11PIIA
CITY OF ARROYO RANDE
Bank code: boa
Check # Date Vendor
Status ClearNold Date Invoice
Inv. Date
Amount Paid Check Total
908804 AT&T MOBILITY
900002887509
05/25/2011
E 649.4710.5403
29.15
E 019.4425.5255
69.31
29.'15
009902388417
05/25/2011
69.81
E 019.4145.5408
15.26
15.26
099002887619
05/25/2011
95!02!2911
097492 BATTERY SYSTEMS
23-027227
E 010.4145.5408
14.28
Page:
14.28
1 , '140
150092
05!02!2911
908804 AT&T MOBILITY
052511
05/26!2011
E 019.4425.5255
69.31
69.81
69.81
159003
95!02!2911
097492 BATTERY SYSTEMS
23-027227
04/29/2011
E 010.420'1.5691
256.15
256.15
23-027275
0510512011
E 910.4201.5601
87.87
87.87
344.0
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Page:
06/20/2011 1:11 PM
CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
Status ClearNoid Date Invoice
Inv. Date
Amount Paid Check Total
150006 06/02/2011 005147 BUSINESS 21 PUBLISHING
060111
06/01/2011
E 220.4303.5503
149.00
149.00
149.00
150007 06/0212011 000160 CHAPARRAL
332566
05/09/2011
E 0 1 0.420 1.61 1
2,325.08
2,325.08
150008 06/0212011 001990 CHARTER
051411 05/14/2011
E 010.4140.5303 214.99
214.99
214-99 .
150009 06/02/2911 999171 CLINICAL LABORATORY OF
914219 05/09/2011
E 649.4710.5310 596.90
596.99
596.00
150010 0610212911 093579 COASTAL SAN LUIS
11111 0111112011
E 919.4301.5303 544.49
544.40
6 01/10/2011
E 359.5427.7301 162.50
162.50
706.
159011 0610212911 000174 COASTLINE 28889 0510912011
D E 64 .4 12.560 3 378.39
378.39
378.39
150012 6/02/2011 000195 CRYSTAL SPRINGS MATER 018068 0510312011
E 0 1 0.4061.520 1 30.50
M 00 30.50
Page:
arpCkHist Check History Listing P
06/20/2011 1:11PM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total
30.50
150013 06/02/2011 000577 LEONARD B DE LOS SANT S 33342 05!1312011
E 010.4424.5351 231.00
231.00
150014 06/02/2011 005001 JOHN DEERE LANDSCAPES 57790035
05!11/2011
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141.86
57727 165
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05/06/2011
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53.86
57767730
0511012011
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32.73
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150015 0610212011 006827 DETROIT INDUSTRIAL L TOOL 442672
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331.16
831.16
150016 0610212011 006848 DNB INDUSTRIAL SUPPLY 118736A 0512012011
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Bank code: boa
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Check # Date Vendor
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Inv. Date
Amount Paid Check Total
1 50017 06/62/2011 002673 DOCTORS M ED P L U S IVIED
008245
04/11/2011
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365.00
150021
E 226.4303.5303
260.06
95/27/2911
E 612.4610.5303
70.00
E 640.4712.5303
175.00
916.00
93.66
919.99
1 50016 06/62/2011 061 525 FERGUSON ENTERPRISES, PF ISES, 71 59924 05/11/2011
E 640.4 712.5610 1,442.03
1,442.03
1,442.63
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E 0 10.4201-580 3 12,656.65
12,656.65
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05/11/2011
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150021
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75.80
Bank code: boa
Check # Date Vendor
Statue ClearNold Date Invoice
Inv. Date
Amount Paid
Check Total
904.7
1 50024 08!02/2011 005035 MARC LEWIS
060111
06/01/2011
E 228.4306.5554
851.00
651.00
651.00
150025 08!02/2011 000393 LUCIA MAR UNIFIED SCHOOL
11071
05!20/2011
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41.10
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1 50028 08!02/2011 000415 METAL SHOP, INC
19052 05/11/2011
E 0 10 - 4213.5604 242.00
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43.45
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05/27/2011
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04/29!2011
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32.57
32.57
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05/27/2011
E 220.4303.561
22.80
22.80
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05/10/2011
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11.95
11.95
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10.86
10.86
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4.34
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0511312011
E 010.4120.5201
213.43
213.43
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05/13/2011
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Page:
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Page:
0812012011 1:11 PM
CITY OF ARROYO GRANDE
Bank code: boa
CL
220540 0511012011
Check # Date Vendor
Status Clear/ Vold Date Invoice
Inv. Date
Amount Paid Check Total
150031 0810212011 000481 PACIFIC GAS & ELECTRIC
5118-194097
0511812011
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Page:
14,81 7,54
14,817.54
150032 0810212011 007108 PARAINT CLEANERS
3871
0413012011
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458.75
458.75
458.75
150033 0810212011 005895 PERRY`S ELECTRIC MOTORS
12528 0511012011
E 81 2.481 0.5810 3
E 812.4810.5603 1,883.23
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4,883.23
150034 0810212011 004158 PHOENIX GROUP
042011157 0511112011
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116.31
150035 0810212011 000498 PITNEY BOWES, IN
7147128 -1Y11 0511 312011
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E 616.421 3.6604
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0612012011 1:11 PM
CITY OF ARROYO RANDE
61 751 0111112011
Bank code. boa
466.66
486.66
Check # Date Vendor
Status ClearfVold Date Invoice
Inv. Date
Amount Paid Check Total
220454
0510512011
E 010.4102.5255
133.76
133.76
895.04
150037 0610212011 000520 Q UINN COMPANY
P 0 0199891
0511312011
E 640.4712.56603
538.97
538.97
538.97
150038 0610212011 000523 R & T EMBROIDERY, IN
38353 0510312011
E 010.4201.5272 45.91
45.91
45.91
150039 0610212011 000531 I I HETTI COMPLETE WATER
91202 0510112011
E 010.4201.5604 15.00
15.00
15.00
150040 06102/2011 002142 SAN LUIS PAPER CO
617520 0111012011
E 616.421 3.6604
773.66
773.66
61 751 0111112011
E 010.4420.5605
466.66
486.66
624921 -00 0511212011
E 010.4420.5605
120.12
126.12
1,380.44
D
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CL E 010.4201.5601 610.58
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p kHist
Check History Listing
Page: 11
0612012011 1:11 PM
CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor
Status ClearNoid Date Invoice
Inv. Date
Amount Paid Chock Total
565342
0511612011
E 010.4201.5601
568.82
568.82
565425
0512312011
E 010.4201.5601
58.07
58.07
565426
05!23!2011
E 010.42 01.5601
58.0
58.07
565137
0412912011
E 010.4201.5601
41.76
41. 6
565147
0412912011
E 010.4201.5601
41.76
41.
1
150042 0610212011 001727 SHERIFF'S ADVISORY
053111
0513112011
E 010.4201.5501
25.00
25.00
25.00
1 50043 0610212011 000552 SLO COUNTY
APRIL 2011 0511012011
R 010.0000.4203 352.50
352.50
352.50
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150045 06/02/2011 003288 JEFFREY SOU A
207465 05/25/2011
E 010.4305.5273 69.82
69.82
040411 04/04/2011
E 010.4201.5502 750.00
E 010.4201.5502 43.1
793.1
69.82
Page: 11
a pDkHist Check History Listing Page: 1
06/20/2011 1:11 PM CITY OF ARROYO GRANDE
Bank coda: boa
Check Data Vendor Status Clear/Void Date Invoice Inv, Date Amount Paid Check Total
053 111 06/02/2011
E 010.4291.5591 19.00
10.90
393.1
150046 0010212011 008493 SPRINT
150047 0610212011 000616 STERLING
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0
159949 06102/2011 992379 TITAN INDUSTRIAL
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L I -9931 0510212911
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30.99
39.90
26212 05/03/2011
E 049.4712.5004 150.09
156-00
26211 9510312911
E 640.471 156.00
160.99
1945580 05/19/2011
E 612.4619.5601 196.84
196.04
1945446 9511 X12011
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45.60
261.fi4
242.52
150059 9610212011 995251 JERYL TRIMMER 909211 0619212011
E 226.4306.6554 150.99
159.09
Page: 1
arp kHist Check History Listing Page: 1
06/20/2011 '1:'1'1 PM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearfVold Date invoice Inv. Date Amount Paid Check Total
150.
150051 0610212011 006551 UNITED STAFFING ASSOC. 076956 05/18/2011
E 640.4712.5303 1
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1 50054 0614212411 447049 VORTEX INDUSTRIES IE IN
1 50055 4614212411 044699 LEE WIL ELE
154461 4614612011 444548 CARMEL & NACCASHA, LLP
LA- 647282 0511412011
E 640.4712.5274 1,262.66
1,262.66
4974207607 05104!2011
E 41 .4241.5443
561.83
561.83
561.83
41- 598334-1 4514912011
E 414.42 1 .5343
299.14
299.14
299.14
1104 05/17/2011
E 414.4344.5303
1
1
1515.00
1 438211 438311 4384 4614212411
E 2 147.00
E 414.4043.5304 12,698.4
E 010.4443.5327 518.04
13
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150062 4614712011 408495 ADVANCED FIFE CONTR 464711 0614712411
E 41 0.4241.5501 140.04
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0612012011 1:11 PM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearfVold Date Invoice Inv. Date Amount Paid Check Total
140.00
150063 0610912011 001 259 AP VIDEO, ING 4432 0610112011
E 211.4101-5330 3
3,000-00
3,000.00
1 50064
0610912011
003167 APPLIED EARTHWORKS INC
2113 -0
1013112010
E 350.5422.7001
2,090.79
2,090.
2,090.79
150065
06/09/2011
005964 ARROYO GRANDE SHELL
060311
0610312011
E 220.4303.5601
39.22
39.
39.22
150066
0610912011
006607 AT&T
2333401
0512512011
E 010.
2,995.47
2,995.47
2337607
0512512011
E 010.4145.5403
32.91
32.91
2332303
0512212011
E 010.421 7.5403
23.33
23.33
3,057.26
150067
0610912011
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060911
0610912011
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116294
0512012011
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Page: 14
app kHist
Check History Listing
Pag 1
06/20/2011
1:11 PM
CITY OF ARROYO RANDE
Bank code:
boa
Check #
Date
Vendor
Status Clear/Vold Date Invoice
Inv. Date
Amount Paid
Check Total
145
150069
08/09/2011
008880 BFEVEII B AIMA
080811
08/08/2011
E 010.4424.5352
100.00
100.00
100.00
150070
08/09/2011
007492 BATTERY SYSTEMS
8- 027509
05/31/2011
E 010.4305.5255
91.97
91.97
91.97
150071
08/09/2011
000078 BLUEPRINT IT E PF ESS
12901
05/28/2011
E 350.5858.7301
197.32
197.32
197.32
1 50072
08/09/2011
007992 ED IA B S H
053111
05/31/2011
01 0.0000.4354
75.00
75.00
75.00
150073
08/09/2011
001 288 BRAN STREET DELI
052911
05/29/2011
E 010.4201.5255
418.88
418.88
418.88
150074
08/09/2011
005728 BRENNTAG PACIFIC INC
BPI 100898
05/27/2011
E 840.4712.5274
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331.18
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114.00
331.18
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Check History Listing
E 350.5934-7001
903.22
Page: 1
06!20!2011 tllpm
CITY OF ARROYO F ANDE
E 220.4303.5603
111.9
Bank coda. boa
111.95
7314 - 488124 06/06/2011
E 640.4712.5603
Check # Data Vendor
Status ClearNoid Data Invoice
i
Inv. Date
Amount Paid
Check Total
1 89065
05!10/2011
E 010.4213.5303
105.00
105.00
219.00
150076 06!09/2011 000090 BRISCO MILL & LUMBER
148190
05!2412011
E 640.4712.5255
116.43
1 16.48
1
0812012011
E 640.4712.5610
3.24
3.24
1 19.67
150077 06!09/2011 000134 CA ST DEPT OF JUSTICE
846381
05!04/2011
E 010.4120.8316
32.00
E 010.4201.5316
82.00
E 010.4201.5329
2
2,31 3.00
150078 06169/2611 000142 CAL -COAST MACHINERY, IN
443203 05124/2011
E 01 0.4420.5603 49.96
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49.96
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1 50080 06109/2011 000608 CARQUEST AUTO PARTS
91285884 05!27/2011
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903.22
908.22
731 484840 05!19/2011
E 220.4303.5603
111.9
111.95
7314 - 488124 06/06/2011
E 640.4712.5603
38.1
903.22
Page: 16
arp kHist Check History Listing Page: 17
0612012011 1:11 PM CITY OF ARROYO GRANDE
Bank code: boa
C heck # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total
150.07
150081 06109/2011 007728 SCOTT C RAIB 060811 0810812011
E 010.4424-5352 55.00
55.
55.00
150032 0610912011 008497 CECILIA CRF-ASEY
053111 0513112011
R 010.0000.4354 30.00
30.00
30.00
150083 0610912011 007548 CSG SYSTEMS INC
72672
0512812011
E 840.471 .5208
1
E 010.4145.5208
38.54
E 010.4145.5208
80.44
1,378.68
304
05/26/2011
E 640.471 0.5303
320.00
E 612.4610-5303
80.00
E 640.4710-5555
1 09.20
E 812.4810.5555
27.30
538.50
1,015.18
150084 0610912011 008288 D LLC
1164
0512812011
E 350.5438.7301
1
1,034.52
1,4.52
D 150035 06/09/2011 003501 DEL ORO PROPERTIES INC
5872
08/09/2011
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Page: 17
p kHi t
Check History Listing
Page: 18
06/20/2011
1 :11 PM
CITY OF ARROYO GRANDE
Bank code: boa
Check #
Date
Vendor
Statue ClearfVoid Date Invoice
Inv. Date
Amount Paid
Check Total
180088
08!09!2011
000208 J B DEW AR, INC
781810
08!18!2011
E 010.4201.5808
121.62
121.82
121.82
180087
08!09/2011
002878 DOCTORS f EDPLUS IVIED
1904882
04/28/2011
E 010.4120.5815
185.00
188.00
188.00
180088
06!09!2011
004878 E S IMAGING, INC.
8878
06/01/2011
E 880,8488.7801
28,841.81
28,841.81
28,841.81
180089
08!09/2011
008712 ELE TRI RAFT INC
PW 2010 -14
08!01/2011
E 850.8488.7001
7,972.44
7,972.44
180090 08!09!2011 005712 ELETRIRAFT INC
8098 08!27/2011
E 812.4810.8808 887.91
837.91
7,972.44
887.91
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Page. 18
apkHlst Check History Listing Page, 1
06120/2011 1:11 PM CITY OF ARROYO F ANDE
Bark code: boa
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Check # Date Vendor
150091 06/09/2011 00333 FIA CARD SERVICES
Status ClearNoid Date Invoice
5120 -7845
5120 -9596
5120 -6335
05/20/2011
E 010.4201.5501
E 010.4201.5501
E 010.4201.5501
E 01 0.4201.5501
E 010.4201.5501
E 010.4201.5501
E 0 10.4201-5501
E 010.4201-5255
E 010.4201.5255
E 010.4201-5608
E 010.4201.5501
E 010.4201.5255
E 0 1 0.420 1.5501
E 01 0.4201.5608
05120/2011
E 010.4201-5608
E 010.4201.5608
E 010.4201.5608
E 010.4201-5501
E 010.4201.5501
E 010.4201.5 501
0512012011
E 01 0.4201.5501
E 10.4201.0
E 010.4201.5501
E 010.4201.5501
17.32
44.42
40.00
40.20
538.31
443.88
-27.00
21.31
300.00
53.85
9.55
293.0
1.30
-0.54
1 x93.0
40.00
73.01
74.59
1 0.00
193.38
14'A 'AA
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47.68
8.00
66.67
n
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Inv. Date Amount paid Check Total
Page: 1
apDkHlst
Check History Listing
Page: 20
0612012011 1:11 PM
CITY OF ARROYO f ANDE
8
Bank code: boa
8.48
D 150094 06/09/2011 000263 FRA EE INDUSTRIES INC
645449 04121/2011
Check # Date Vendor
Status ClearN Date Invoice
Inv. Date
Amount Paid
Check Total
10.27
5120 -9702
05/20/2011
695.40
c�
695.40
E 010,4201.5604
27.67
c�
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17.05
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E 010.4201.5255
37.59
E 010.4201.5255
27.94
E 010,4201.5255
76.02
E 010.420 x .5255
76.10
262.37
5120 -5330
0512012011
E 010.4201.5255
34.78
E 010.4201.5255
152.24
E 010, 4201.5255
30.00
E 010.4201.5201
22.60
239.62
5120 -5954
05/20/2011
E 010.4201.5501
73.00
3.00
3,499.90
1 50092 0610912011 001 951 FIVE CITIES YOUTH
060411
06/04/2011
E 010.4426.5319
200.00
200.00
200.00
1 50093 0610912011 000262 FRANK'S LOC K & KEY
32054 05/19/2011
E 640.4712-5255
8.48
8
8.48
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645449 04121/2011
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Page: 20
apCkHist Check History Listing P 2 1
0612012011 1:11 PM CITY OF ARROYO GRANDE
Bank code: boa
Check # Dante Vendor Status Clear/Void Date Invoice Inv. Date Amount Paid Check To tal
150095 0610912011 006433 CHARLES FU 060211 0610212011
E 226.4306.5554 1,250.00
1,250-00
1,250.00
150096 0610912011 004142 STAN G A X I O LA 060611
0610812011
E 010.4424.5352 116.66
116.66
116.66
150097 0610912011 002813 GRAIN INC 9547671678
0512612011
E 640.4712.5255 69.88
69.88
69.88
150098 0610912011 000499 GRAND AWARD INC 41
05/18/2011
E 010.4001.5504 85.10
85.10
85.10
150099 0610912011 006058 RDNEY GRAY 060811
06 /08/2011
E 010.4424.5352 44.00
44.66
44.00
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150100 0610912011 000288 CITY OF GR BEACH
060311 0610312011
R 612.0000.4751 191.24
191.24
051211 0511212011
R 612.0000.4751 70.77
70.77
262.01
150101 0610912011 002405 CHARLES HARE 060811 0610812011
E 010.4424.5352 66.00
66.00
Page: 21
apCkHist Check History Listing Page:
0612012011 1:11Pm CITY OF ARROYO GRANDE
Bank code: boa
Check Date Vendor Status Clear/Vold Date Invoice Inv. Date Amount Paid Check Total
66 .00
150102 0616912611 064188 EDDIE HARRIS 660811 66108/2611
E 61 0.4424, 140.00
140.00
140.00
1 501 0610912011 008351 HARVEY'S HONEY HUTS
999 05/23/2011
E 220.4363.5552 86.09
86.09
86.09
Page:
150164
0616912611 066301 HEACOCK TRAILERS &
34399
6416612611
E 16.4426.5663
20.00
26.
34274
03/1 7/2011
E 616.4426.5663
17.40
17.40
37.4
156105
0616912011 001386 H PKI S TECHNICAL
261111496
6511812611
E 640. 1 1.5668
564.61
564.61
564.61
1 50166
6616912611 066644 IRON MOUNTAIN
DIE 1196
6513112611
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150-12
150.12
1 50.12
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106
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0612012011 1:11 PM CITY OF ARROYO GRANDE
Bank code: boa
Check # Date Vendor Status ClearNoid Date Invoice Inv. Data Amount Paid Check Total
150108 0610012011 004059 CRAIG JUNGHANDEL 053111 0513112011
F 010.0000.4354 30.00
30.00
1 50100 0610912011 007209 GAT NKETTI N G O LIVIER
150110 0610012011 005511 CHRISTOPHER LINTNEF
060811 0610812011
E 010.4424, 5352
11 0.00
11 0.00
060811 0610812011
E 010.4424.5352
X0,00
E 010,4424,352
22.00
82.00
150111 0610012011 000303 LUCIA MAID UNIFIED SCHOOL V 0611012011 11071
110/2011 060811
0512012011
E 010.4425.5303 240.00
240.00
0610812011
E 010.4424.8257 15.00
15.00
150112 0610912011 008387 COREY MAYNE
060811
0610812011
E 010.4424.8352 22.00
22.00
30.00
110-00
82.00
255.00
22.00
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1 50113 0610912011 000426 MIEF BROS LANDSCAPE
178534 0812412011
E 350.8034.7001 674.28
674.25
1 77771 0510612011
E 350.5632.7005 166.39
166.39
Page:
apCkHist
Check History Listing
Page: 24
06/2012011
1:11 PM
CITY OF ARROYO GRANDE
Bark code:
boa
Check #
Date
Vendor
status ClearNoid Date Invoice
Emko
Inv, Dante
Amount Paid
Check Total
1 7761 8
05/0312011
E 840,4712.5810
87.43
67.43
908.07
150114
0810912011
000429 MINER'S ACE HARDWARE,
8303
06/0212011
E 010.4420.5255
155.93
155.93
178948
05124/2011
E 840.4712.5255
53.21
53.21
I8403
0810312011
E 220.4303.5613
23.90
23.90
158212
0412512011
E 640.4711.5603
12.72
12.72
178311
0610212011
E 220.4303.5813
7.60
7.60
253.38
150115
0810912011
004394 NATI IMPRINT
119768
0512312011
E 0 10.4201-5504
357.
E 010.4201.5504
30.45
387.45
387.45
150118
06/09/2011
000459 N TL TACTICAL OFFICERS
051311
0511312011
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05131 /2011
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Page: 24
ap kHi t
06/20/2011 1:11 PM
Check History Listing
CITY OF ARROYO GRANDE
Page: 2
Bank code: boa
Check # Date Vendor
Status DlearNoid Dante Invoice
65.99
D
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150118 96/99/2011 909466 NOBLE SAW, IN
150119 06211 007202 NSSAAN LLP
150120 0610912 11 000481 PACIFiC GA & E L E CTRIC
160121 06!09/2011 006031 PACIFIC OVERHEAD DOOR
160122 06/09/2011 004757 PLUMBERS DEPOT INC.
160123 06/09/2011 000503 POOR RICHARD'S D'S PF E ,
11 4938
95/18/2011
E 229.4303.5693
66.69
66.69
11 596 1
05/27/2011
E 229.4303.6693
41.86
41.86
97.46
384639
0511712911
E 640.4710.6576
6
5,268-17
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5,268.17
5116 -704689
0511612011
E 010.4146.6401
46.76
45.76
46.76
1 006
05/25/2011
E 010.4201.6605
327.16
327.16
327.16
PD -1 6094
06/27/2011
E 612.4610.6603
48.94
48.94
48.94
220782
06/19/2011
E 0 19.41 2. 2 55
69.60
69.
69.60
Inv. Dame Amount Paid Check Total
P 2
apCkHist
06/20/2011 1 :1 IPM
Check History Listin
CITY OF ARROYO F ANDE
Page: 26
Bank code. boa
Check # Date Vendor
1 50124 06!09!2011 008498 ALEJAI DRII A RA I E
Status Clear /Void Date Invoice
053111
Inv. Date Amount Paid
05!31!2011
01 0.0000.4354 30.00
30.00
30.00
1501 06/09!2011 007354 SILVIA RA I E
053111 05/31/2011
010.0000.4354 30.00
30.00
30.00
150126 06!09!2011 000521 RHF, IN
60929 05!27!2011
E 010.4201.5603 132.21
132.21
132.21
150127 06/09!2011 000536 GREG ROSE
060811 06/08!2011
E 010.4424.5362 100.00
100.00
100.00
150123 06/09!2011 002932 RUTAN & TU KER, LLP
609671 05/12/2011
E 285.4562.5303 1,716.00
1,716.00
609670 05/12/2011
E 284.41 03.6303 546.64
546.64
2,262.64
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150129 0610912011 000539 SAFETY-KLEEN SYSTEMS, 541 163 6511712011
E 010.4305.5303 50.00
60.00
60.00
150130 06/09!2011 002142 SAN LUIS PAPER CO 627019 -00 06!27!2011
E 010.4420.5605 760.45
760.45
Page: 26
C heck ■ ■
ap kHist
Check History Listing
06/09/2011
Page: 2
06/20 /2011 1:11PNI
CITY OF ARROYO RANDE
Bank code: boa
Check # Date Vendor
Status ClearNold Date Invoice
Inv. Date
Amount Paid Check Total
627921 -99
05127/2011
E 910.4213.5604
414.08
-
414.98
15663 -99
12/09/2010
12,500.00
150132
E 610.421 .5604
-96.48
060811
96!98!2911
-95.48
15675 -99
12/09/2010
E 616.4424.5352
E 91 0.42 1 3.5644
-123.65
- 123.65
77.06
955.46
Page:
150131
06/09/2011
992469 CITY OF SANTA MARIA
57777
65!24!2911
E 640.4712-5207
12
12,500-00
-
12,500.00
150132
9619912911
996089 MAFTI OVA SARMIENTO
060811
96!98!2911
E 616.4424.5352
77.66
77.06
77.00
1501
06/0912011
003024 MARK S HAFFEF
080811
0610812011
E 010.4424.5352
140.00
140.06
149.96
150134
0610912011
006048 JEA JETTE SEARBY
953111
6513112011
E 010.4424.5351
124.25
124.25
1 24.25
150135
06/0912011
008437 THE SHOPS AT SHORT T T
1
05/02/2011
CL
E 350.5689.7001
2,567.25
^
ice/
2156
c�
2,567.25
N ■^'
Page:
apCkHi t
06!20!2011 '1:'1'1 PM
Check History Listing
CITY OF ARROYO GRANDE
Page:
Bank code: boa
Check # Date Vendor Status ClearlVoid Date Invoice
15013 08!09/2011 003838 SILVAS OIL COMPANY, INC 261982
Inv. Date Amount Paid
05/17/2011
B 01 0.0000.1 202 4.9 09.4
4,909.43
150137 08!09/2011 000556 SLO COUNTY IN 074601
4,909.43
1,775.23
^ CL
ice/
M
W ■^'
O ice/
150138 08!09/2011 000564 SLO COUNTY NEWSPAPERS 6937174
8939138
3949094
6938974
8933131
8938978
6936977
8935973
05!24/2011
E 840.4710.5303 1
1,775.23
05/01/2011
E 350.5858.7301
582.02
582.02
04/22/2011
E 010.4130.5301
265.62
285.82
04/29/2011
E 010.4002.5301
128.31
128.31
04!03!2011
E 010-4130.5301
11 8.98
118.98
04/15/2011
E 010.4002.5301
109.48
109.48
04/08!2011
E 010.4130.5301
109.48
109.48
04/03!2011
E 010.4130.5301
109.48
109.48
04!01 12011
E 010.4002.5301
107.61
107.81
C heck Tta l
Page. 28
a p CkHist
Check History Listing
E 010.4213.6303
Page:
06!20!2011 1:11 PM
CITY OF ARROYO GRANDE
06/01/2011
Bank code: boa
112.16
112.16
Check # Date Vendor
Status ClearNold Date Invoice
Inv. Date
Amount Paid Check Total
6936976
04!08/2011
E 010.4130.6301
106.74
106.74
6934860
04!01/2011
E 010.4002.5301
98.17
98.17
CREDIT
06/09/2011
E 010.4002.6301
-1.00
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160139 06/09/2011 006096 S LO COUNTY
160140 06/09/2011 008363 PAYTON SMALL
160141 06/09!2011 007229 DONALD SNYDER
160142 06/09/2011 003641 SOUTH COUNTY SANITARY
CASE 11 -00622 04/30!2011
E 010.4201-5324
060811
06!0812011
E 01 0-4424- 5352
060811
3324784
3326018
3324672
06/08/2011
E 0 10.4424.53 52
-1.00
1,709.87
43.00
43.00
43.00
33.00
33.00
33.00
80.00
80.00
80.00
06/01/2011
E 010.4213.6303
212.32
212.32
06/01/2011
E 010.4213.6303
112.16
112.16
06/01/2011
E 010.4213-5303
112.16
112.16
Page:
ap kHist Check History Listing Page:
06!20/2011 1:11 PM CITY OF ARROYO RAN E
Ban code: boa
C heck # Date Vendor
Status ClearNold Late Invoice
3325244
Inv. Late Amount Paid
06/01/2011
E 010.4213.5303 5.91
5.91
442.55
Check Total
Page:
150143
00!09/2011
000009 BOB SPEAR
000811
00!08/2011
E 010.4424.5352
40.00
40.00
40.00
150144
00!09/2011
000020 STREATOR PIPE & SUPPLY
51187409 -001
05!0312011
E 010.4213.0401
890.80
E 010.421 3.0401
-16.38
874.48
874,48
150145
0010912011
000024 SUPERIOR F UALITY
37371
0511112011
E 010.4101.6201
1 00.00
199.99
199.99
150140
00!09/2011
002370 TITAN INDUSTRIAL IAL
1045083
05120/2011
E 010.4201.5272
152.
152.03
1045220
0412112011
E 220.4303.5255
14,92
14.92
100.95
150147
00!09/2011
000053 DOROTHY TRUL K
V 0011412011 051111
05/1112011
D
E 010. 4424.5351
153.60
153.00
CL
153.60
c�
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N 0
Check Total
Page:
apkHist
0812012011 1,1'1 PIS
Check History Listin
CITY OF ARROYO F ANDE
Page: 31
Bank code. boa
Check # Date Vendor
150148 0610912011 008499 MARLENE TYN N
Status Clear/Vold Dane Invoice
063111 0613112011
010.0000.4364 30.00
30.00
150149 0610912011 006551 UNITED STAFFING ASSOC. 077090 0512612011
E 640.4712.6303 1,063.60
1,063.60
077436 0613112011
E 640.4712.5303 1,043.66
1,043.66
1 5015 0 0610912011 000822 US POSTMASTER 060811 0610812011
E 640.4710.5208 11154.26
1,154.26
150151 0610912011 000822 US POSTMASTER 060611 0610612011
E 010.4145.5208 190.00
190.00
30.00
2,107.26
1,154.26
190.00
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150152 0610912011 000660 USA BLUE BOOK 405382 0612312011
E 640.47 12.5610
97.78
97.78
97.78
150153 0610912011 002137 VERIZON WIRELESS 0975011486 0510712011
E 010.4421.5602
47.98
47.98
47.98
1 501 0610912011 000687 WA N E'S TIRE, INC 321163 0511412011
E 010.4430.5601
175.00
175-00
Page: 31
Inv. Date Amount Paid Check Total
p kHi t Check History Listing P
06/20/2011 1 :11 PM CITY OF ARROYO GRANDE
Bank code: boa
C heck # Date Vendor Statue Clear/Vold Date Invoice Inv. Date Amount Paid Check Total
175.00
150156 0610912011 00781311 ET DOG DESIGNS (DBA) 1 2674 0610212011
01 0.0000.2229 4 15.10
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150156 0610912011 003600 HEATHER WHITE
150167 0610912011 007927 S HIRLEY 11 ILLM TT
053111
060311
0613112011
01 0.0000.4364
0610312011
E 010.4424.6362
416.10
30.00
30.00
22.00
416.10
30.00
22.00
150168 0610912011 000704 WITMER -TYSON IMPORT
T
150159 0611012011 000393 LUCIA MAR UNIFIED SCHOOL
150160 0611012011 000393 LUCIA MAID UNIFIED SCHOOL
1 50168 0611412011 000653 DOROTHY TRULOCK
T3637
060311
110715
051111
0610212011
E 010.4201.6322
E 010.4201.6322
0610812011
E 010.4424.6257
0512012011
E 010.4425.5303
0611112011
E 01 0.4424. 5361
22.00
600.00
690.31
16.00
16.00
240.00
240.00
163.60
690.31
16.00
240.00
163.60
Page: 3
apkHist
06120/2011 1:11 PM
Check History Listing
CITY OF ARROYO GRANDE
Page:
Bank code: boa
150169 00/1512011 008503 CAPCA
75.00
75.99
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160 checks in this report
Status ClearlVoid Date Invoice
PRE - PAY
Inv. Date Amount Paid
06/15/2011
E 0 1 0.4420. 1 75.00
boa Total
Taal Checks:
188
188
Check Taal
Page:
ATTACHMENT
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
611312011 - 612612011
0610311'1
FUND 010
320
FIND 217
14.77
FIND 219
7.72
FUND 220
17
FUND 226
1
FUND 284
521.07
FUND 285
1,1 24.81
FUND 290
165
FUND 612
6
FIND 646
26,555.35
41052.35
474,612.81
O VERTIME BY DEPARTMENT:
Admin. Support Services
-
mmunity Development
-
Police
6,190.63
Fire
5,773.97
G vrnm nt Bldg Maint.
11 ,396.13
Engineering
Crap Pair
Fleet Maintenance
5115
Parrs
4,1 02.67
Recreation - Admn
PERS Retirement
ec - Special Events
-
Children In Motion
21,625.63
Soto Sport Complex
-
Public Works Maintenance
516.86
Mate Disability Ins.
112,475.46
5101
Salaries Full time
216,591.21
5102
Salaries Part -Time - PPT
19,977.78
5103
Salaries Part -Time - TPT
29,359.76
5105
Salaries OverTime
12
5107
Salaries Standby
349.50
5108
Holiday Pay
9
5109
Sick Pay
41052.35
5110
Annual Leave Buyback
-
5111
Vacation Buyback-
5112
Sick Leave Buyback
-
5113
Vacation Pay
11 ,396.13
6114
Crap Pair
4
5115
Annual Leave Pay
4,1 02.67
5121
PERS Retirement
79
5122
Social Security
21,625.63
5123
PARS Retirement
624.71
5126
Mate Disability Ins.
1
5127
Deferred Compensation
658.21
5131
Health Insurance
50,613.14
5132
Dental Insurance
5
5133
Vision Insurance
1
5134
Life Insurance
476.40
5135
Long Term Disability
-
5143
Uniform Allowance
-
144
Car Allowance
675.06
5146
Council Expense
-
147
Employee Assistance
-
148
Boot Allowance
-
5149
Motor Pay
150.66
5150
Bi- Lingual Pay
125.00
5151
Cell Phone Allowance
352.50
474,61 2.81
Agenda Item 8.a.
Page 36
INCORPORATED
t
I lip
JULY ,o, 1e1t
1F
MEMORANDUM
I
TO: CITY COUNCIL
FROM: ANGELA K AETSCH, DIRECTOR F P ADMINISTRATIVE ATIVE SEF VICE
Y: MICHELLE MA FIELD, TREASURER EF
SUBJECT: CONSIDERATION I P STATEMENT OF INVESTMENT DEPOSITS
DATE: JUNE 28 2011
RECOMMENDATION:
It is recommended the City Council receive and file the attached report listing the current
investment deposits of the City of Arroyo Grande, as of May 31, 2011 as required by
Government Code Section 53646(b).
FINANCIAL IAL IMPA T:
There is no funding impact to the City related to this report. However, the City does receive
interest revenue based on the interest rate of the investment(s).
This report represents the City's investments as of May 1, 2011. It includes all investments
managed by the City, the investment institution, investment type, book value, maturity date, and
rate of Interest. As of May 31, 2011 the investment portfolio was in compliance with all State
laws and the City's investment policy.
ANALYSIS OF ISSUES:
The Director of Administrative Services has historically submitted to the City Council a monthly
report, providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, broker, etc.
3. Date of maturity.
4. Principal amount.
b. Fate of interest.
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship hip of the monthly report to the annual statement of investment policy.
Agenda Item 8.b.
Page 1
CITY COUNCIL
CONSIDERATION F INVESTMENT DEPOSITS
JUNE 28, 2011
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Recommended Al em ive - Approve staff's recommendation to receive and file the
attached report listing the current investment deposits.
not approve staff's recommendation
- Provide direction to staff
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the overall portfolio.
DISADVANTAGES:
Some level of risk is present in any investment transaction. Losses could be incurred dine to
market price changes, technical cash flow complications such as the need to withdraw ar non-
negotiable Time Certificate of Deposit early, o even the default of an issuer. To minimize such
risks, diversifications of the investment portfolio by institution and by investment instruments are
being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
MENTS:
The Agenda was posted in front of City Hall on Thursday, June 23, 2011. The Agenda and
report were posted on the City's website on Friday, June 24, 2011. No public comments were
received.
Attachments:
1. Portfolio Summary: May 31, 2011
Agenda Item 8.b.
Page 2
ATTACHMENT 1
C1TV O
w
r f
CITY O ARROYO G RANDE
Portfolio Management
Portfolio Summary
May 31, 2011
City of Arroyo Grande
300 E. Branch S
Arroyo Grande, C A 93420
Phone: (805 )473 -5400
Total Certificates of Deposit 1,599,000.00
Money Market Account
l eb bank
1,000,000.00 0.580
Total Investments 18,444,236.33
D
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May 9, 2011 n/e
5.422
100.000%
wCr
Interest
Investments
Book Value
Interest Fa Fa PY
Date of Purchase
Term
Maturity Date
% Of Portfolio
Local Agency Investment Fronds
15,845,236.33
0.413 0.560%
85.909%
Dertiates of Deposit - Banks
First Federal Bank of California
99,000.00
2.530%
September 18, 2009
731
September 21, 2011
0.537
Redding Bank of Commerce
250,000.00
2.400%
September 21, 2009
918
March 21, 2012
1.355
First Republic Bank
250,000.00
3.000
Novemb 9, 2009
38 m s
November 9, 2012
1.355
WAR
1,000,000.00
1.910
July 1, 2010
24 m s
June 28, 2012
5.422%
Total Certificates of Deposit 1,599,000.00
Money Market Account
l eb bank
1,000,000.00 0.580
Total Investments 18,444,236.33
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May 9, 2011 n/e
5.422
100.000%
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THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.b.
Page 4
MINUTES
SPECIAL MEETING of THE CITY COUNCIL
TUESDAY, JUNE 1 2011
COUNCIL CHAMBERS, 215 EAST BLANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL
Mayor Ferrara called the special meeting to order at 6:30 p.m. Council Member .Joe Costello,
Council limber ,Jim Guthrie, Council Member Tim Brown, Mayor Pro Tern Caren Flay, City
Manager Steven Adams, Human Resources ource Manager Caren Sisk o, and City Attorney Tim
Carmel were present.
2 . PUBLIC COMMENT:
None.
3 . CITY C CLOSED SESSION:
a. CONFERENCE EI CE ITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Service Employees International Union (SE1U)
Local 620
b. CONFERENCE EI CE ITH LABOR NEGOTIATOR OTIATOF pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association
(AGPOA
C. CONFERENCE CE ITH LABOR NEGOTIATOR OTIATOI pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Unrepresented Employees: Management ement Empj Tees
4 . RECONVENE ENE To OPEN SESSION:
At 6:55 p.m., Mayor Ferrara announced that the closed session would be continued and would
reconvene at the Regular Meeting.
5 . RECONVENE SPECIAL MEETING:
Mayor Ferrara called the continued special meeting to order at 10:50 p.m.
6 . RECON To CLOSED SESSION
The Council went back into closed session at 10:52 p.m.
Agenda Item 8.c.
Page 1
Minutes of City Council Special Meeting
June 14 2011
Page 2
6 . RE TO CLOSED SESSION
The Council went back into closed session at 10.52 p.m.
7. RE TO OPEN SESSION.
Mayor Ferrara announced than there was no reportable action from the closed session.
8. ADJOURNMENT:
T:
The meeting was ad j ur ned at 11:01 p. m.
Tory Ferrara, Mayor
ATTEST:
Kelly Wetmore,, City Clerk
(Approved at CC Mtg _ )
Agenda Item 8.c.
Page 2
ACTION MINUTES
REGULAR MEETING of THE CITY COUNCIL
TUESDAY, .JUNE 1 , 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL To ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:01 p.m.
2 . ROLL CALL
City Council:
Council Member Joe Costello, Council Member Jim Guthrie, Council
Member Tim Brown, Mayor Pro Tem Caren Ray, r, and Mayor Tony Ferrara
we present.
City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Chief Steve Annibali,
Community Development Director Teresa I cClish, and Assistant City
Engineer Mike Linn.
3. FLAG SALUTE
Victor Devens, representing Arroyo Grande Kiwanis Club, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
Mayor Ferrara recognized former City Council Member Torn Runels who recently passed away,
and requested the Council adjourn tonight's meeting in his honor and memory.
5. SPECIAL PRESENTATIONS
S
5.a. Honorary Mayor's Commendation Recognizing the Lions Club for receiving the
" District -A3 Number one Club" Award.
Mayor Ferrara read and presented the Mayor's Commendation to George Stewart and
members of the Lions Club.
5.b. Honorary Mayor's Commendation Recognizing Arroyo Grande High school
Graduate Hunter Norton on his U.S. Military Academyl e t Point Appointment.
Mayor Ferrara read and presented the Mayor's Commendation to Hunter Norton.
6 . AGENDA REVI E11
6-a. ordinances Read in Title only.
Council Member Brown moved, Council Member Guthrie seconded, and the ,notion passed
unanimously that all ordinances presented at the meeting shall be read by title only and all
further readings be waived.
Agenda Item 8.c.
Page 3
Minutes: City Council Regular Meetin
Tuesday, June 14, 201
Page
7 . CITIZENS' INPUT, COMMENTS,, TS AND SUGGESTIONS
The following members of the public spoke during Citizens' Input, Comments and Suggestions:
Camay Arad, Chameleon's Fine Furniture; Jeff Plnak and Brad Snook, representing Surfrider
Foundation.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public
regarding Item 8.g. were Margaret Hennessey, I jer tina Agne Linda Ikeda, and Dr. Margaret
Carmen. There were no other comments received, and the public comment period was closed.
Mayor Ferrara requested that Items 8.e., 8.g. and 8.i. be pulled.
Mayor Ferrara noted the supplemental memorandum distributed to the Council for Item 8.e.
regarding modifications to the minutes of the May 26 1h meetings to reflect Mayor Pro Tem Fay's
attendance at the May 26 1h Special (Closed Session) City Council meeting and her absence at
the Allay 26 Special (Budget) City Council meeting. He also announced he would step down
from voting on the minutes of the May 31 Special ,point City Council /Planning Commission
ion
meeting /study session because of his absence due to a conflict of interest.
8.e. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council/
Redevelopment Agency meeting of May 24, 2011; the Special City Council meeting of
May 26, 2011; the Special City Council Redevelopment Agency meeting of May
2011, and the Special ,point City Council /Planning Commission ion meeting /study session of
May 31, 2011, as submitted.
Action: Mayor Ferrara moored to approve the minutes of the Regular City Council/
Redevelopment Agency meeting of May 24, 2011, as submitted; the Special City Council
meeting of May 26, 2011 as amended, and the Special City Council Redevelopment Agency
meeting of May 26 2011, as amended. Council Member Brown seconded, and the motion
passed on the following roll -call Grote:
AYES Ferrara, Brown Guthrie, Costello, Flay
NOES: None
ABSENT: None
Mayor Ferrara stepped down from the dais.
Action: Mayor Pro Tern Flay moored to approve the minutes of the Special ,point City
Council /Planning Commission ion meeting /study session of May 31, 2011, as submitted. Council
Member Brown seconded, and the motion passed on the following roll -call Grote:
AIDES: Flay, Brown, Guthrie, Costello
NOES: None
ABSENT: Ferrara
Mayor Ferrara returned to the dais.
Agenda Item 8.c.
Page 4
Minutes: City Council regular Meetin
Tuesday, ,lure 14, 201
Page
Action: Council Umber Brown moved, and Council Member r Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.m., with the exception of Items 8.e. 8.g. and 8.i.,
with the recommended courses of action. City Attorney Carmel read the full title of the
Ordinance in Item 8.1. The motion passed on the following roll -call vote:
AYES: Brown, Guthrie, Costello, Flay, Ferrara
NOES: None
ABSENT: Done
8.a. Consideration of Cash Disbursement Ratification.
Recommended Action: Ratified the listing of cash disbursements for the period Ma
18 2011 through May 31, 2011.
8.b Consideration of Fiscal Year 2011-1 Appropriation Limit.
Recommended Action: Adopted Resolution No. 4888 entitled "A RESOLUTION TION of
THE CITY COUNCIL of THE CITY of ARROYO GRANDE E ADO TIN A TA
PROCEEDS EXPENDITURE A ROPRIA TION LIMIT FOR FISCAL YEAR - "
8.c. Consideration of Approval of the City of Arroyo Grande Investment Policy.
Recommended Action: Approved the City of Arroyo Grande Investment Policy.
8.d, Consideration of Confirmation of Assessments for Tracts 1158, 1789, 2310, and
2238.
Recommended Acton: 1 Adopted Resolution olution lo. 4389 entitled "'A RESOLUTION of
THE CITY COUNCIL of THE CITY of ARROYO C RA N E CONFIRMING A
LANDSCAPING ASSESSMENT FOR TRACT 7758 "; Adopted Resolution No. 4870
entitled "A RESOLUTION of THE CITY COUNCIL of THE CITY of ARROYO
GRANDE CONFIRMING A LANDSCAPING AND LIGHTING ASSESSMENT FOR
TRACT 769 " 8 Adopted Resolution Flo. 4371 entitled: "A RESOLUTION of THE
CITY COUNCIL of THE CITY of ARROYO GRANDE E CONF11 1111IN THE
ASSESSMENTS FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT (TRACT
2310)" and Adopted Resolution olution lo. 4872 entitled "A RESOLUTION of THE CITY
COUNCIL of THE CITY of ARROYO GRANDE CONFIRMING THE ASSESSMENTS
FOR THE GRACE LANE ASSESSMENT DISTRICT TRACT .
8.f. Consideration of Council Appointment to Parrs and Recreation Commission.
Recommended Action: Approved the recommendation of Council Member Joe
Costello to appoint Roxanne anne Shankland to the Parks and Recreation Commission.
8.h. Consideration of Cancellation of July 26, 2011 City Council Meeting.
Recommended Action: Cancelled the regularly scheduled Council meeting of July 26,
2011.
8J. Consideration of a Resolution Accepting Improvements for Parcel Map AG -
0 123 Located at 154 P 11 n e Street Constructed by Robert Del Campo.
Recommended Action. Adopted Resolution olution I o. 4878 entitled "A RESOLUTION of
THE CITY COUNCIL of THE CITY of ARROYO GRANDE E ACCE TIN
IMPROVEMENTS FOR PARCEL MAP AG 04-0123 L o CA TED AT 154 PINE STREET
EET
C ONS TRUC TE BY ROBERT DEL Ci MPO' ;
8.k. Consideration of Acceptance of the Well No. 10, Phase II Rehabilitation Project,
PW 2010-02.
Recommended Acton. 1 Accepted the project improvements as constructed by F.
Baker, Inc. in accordance with the plans and specifications for the Well No. 10, Phase 11
Project, Directed staff to file a Notice of Completion 8 Appropriated an Additional
$8,000 for the project budget from the later Availability Fund; Approved a Second
Agenda Item 8.c.
Page 5
Minutes: City Council Regular Meetin
Tuesday, .lure 14, 2011
Page
Amendment to the Agreement for consultant Services With Daring, Taylor & Associates
in the amount of $2,150; and Authorized release of the retention, thirty -fire 3 days
after the Notice of completion has been recorded, if no liens have been filed.
8.1. consideration of Adoption of an ordinance Amending Portions of Title 13 and
Title 16 of the Arroyo Grande Municipal code Relating ting to the Establishment of
Water Efficient Landscape Requirements; Development code Amendment case
No. 11-002.
Recommended Action: Adopted Ordinance No. 633 entitled ""AN ORDINANCE OF
THE CITY COUNCIL 1 CIL F THE CITY OF ARROYO GRANDE AMENDING PORTIONS
F TITLE 13 AND TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO THE ST I LIST- ME T OF WATER EFFICIENT LANDSCAPE
REQUIREMENTS
8.m, consideration of a Resolution Accepting open space, Trails, Public Access and
Slopes for Tract 2236.
Recommended Action: Adopted Resolution No. 4374 entitled "" RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING P 1
SPACE,, TRAILS, PUBLIC ACCESS AND SLOPES FOR TRACT 2236
CONSTRUCTED MANGANO HOMES
ITEMS PULLED FROM THE CONSENT AGENDA
8.g. consideration of Letter to the California Public Utilities commission (CPUC)
Regarding the smartMeter Program.
Recommendation Action: Authorize the Mayor to submit a letter to the CPUC urging
approval of a Pacific Gas and Electric SmartMeter opt out program at no additional cost
to the customer.
Mayor Ferrara read the proposed letter to the California Public Utilities commission and staff
responded briefly to questions from council.
Patricia Wilmar, PG&E representative, also responded to questions from council regarding the
proposed opt -out fees and ongoing monthly fees.
Council comments and discussion ensued With regard to the opt -out provisions, associated
fees, potential health implications than have not been thoroughly researched, and Whether or not
this issue is Within the City's jurisdiction.
Action: council Member Costello moored to authorize the Mayor to submit a letter, as
proposed, to the CPUC urging approval of a Pacific Gas and Electric Smart) leter opt out
program at no additional cost to the customer. Mayor Ferrara seconded, and the motion failed
on the following roll call Grote:
AYES: Costello, Ferrara
NOES: Guthrie, Brown, Far
ABSENT: None
Further discussion ensued With regard to changes to the proposed letter. Recommended
changes to the letter included additional language be inserted as follows: "....the customer
Agenda Item 8.c.
Page 6
Minutes: City Council Regular Meeting Rage
Tuesday,, June 14,
should bear no initial cost for his or her decision regarding participation in the option program
and that anv additional costs be equitable among ratepayer
Action: Council Member Guthrie moved to submit a letter to the CPUC with the recommended
changes. Mayor Pro Tenn Ray seconded, and the motion passed on the following roll call vote:
AYES: Guthrie, Fair, Ferrara
NOES: Costello, Brown
ABSENT: None
81 Consideration f Request from Planning Commissioners F een and Sperow for
Consecutive Absences from Planning Commission Meetings.
Recommended mmended Action: Consent to three consecutive absences by Planning
Commissioners been and Sperow during the summer months.
Mayor Ferrara cautioned staff about scheduling items when a full membership of the
Commission Is not present. Director McClish noted that the requests for absences do not
overlap.
Action: Mayor Ferrara moved to approve Item 8.i with the recommended course of action.
Council Member Brown seconded, and the motion passed on the following roll -call vote:
AYES: Ferrara, Brown, Guthrie, Costello, Fair
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
9.a. Consideration f Development Dude Amendment ent 11 -003; Proposed Ordinance
Amending Regulations Regarding Temporary Signs; Citywide.
Community Development Director McClish presented the staff report and recommended that the
Council introduce an Ordinance amending portions of Chapter 16.60 of Title 16 of the Arroyo
Grande Municipal Code regarding temporary banners and signs.
Mayor Ferrara opened the public hearing. Spearing from the public was Patter Welsh, Prad ra
Court, who spore in support and inquired whether duplicity of signs is addressed in the
proposed Ordinance. There were no other comments received and the public hearing was
closed.
Council comments ensued in support of the proposed Ordinance, as modified, to delete Section
b which would have prohibited commercial signs held or supported by a person.
Action: Mayor Pro Tern Ray ,moved to introduce an Ordinance, entitled ""AN ORDINANCE of
THE CITY of ARROYO GRANDE AMENDING PORTIONS of CHAPTER 16.60 of TITLE
OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING TEMPORARY BANNERS
AND SIGNS", as modified to delete Section b. Council Member Costello seconded, and the
motion passed on the following roll call vote:
Agenda Item 8.c.
Page 7
M inutes: City Council Regular Meeting
Tuesday, June 14, 2011
AYES: Fay, Costello Guthrie, Brown, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a Freak at 8:30 p.m. The Council reconvened at 8:43 p.m.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
Pepe
II.a. consideration of south San Luis Obispo County sanitation District Presentation.
City Manager Adams introduced John Wallace, South San Luis Obispo County Sanitation
District Administrator, and recommended that the Council receive his presentation and
communicate concerns and questions.
John Wallace provided a status update of District activities and distributed a report which
highlighted a number of management and operational changes that have been put into place as
a result of the Notice of Violation received by the District, an internal review by the District
Administrator and staff, as well as external reviews provided by third parties, including a report
by the San Luis Obispo County Grand Jury.
Michael Seitz District Counsel, provided comments on the Grand Jury report and noted that the
District would respond by August 2 nd.
Mayor Ferrara opened the public comment period. Speaking from the public were Jeff Pinak
and Brad Snook, representing Surfrider Foundation. There were no other comments received,
and the public comment period was closed.
Council asked questions of District Administrator Wallace and District Counsel Seitz and then
Council comments ensued on issues including conflict of interest, auditing practices the
District's minimal record of violations, the District's low rates, Board responsibility, updates to
contracts, the District's responses to date, the Grand Jury process, addressing public
perceptions of conflict, acknowledgement that most Grand Jury report recommendations are
already being addressed, the status of current operations at the plant, and clarification regarding
Council Member representation on the Board and the Council's ability to provide input and
recommendations to the Council representative.
No formal action was taken.
12. CITY COUNCIL REPORTS
TS
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City's
appointed representative.
(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA).
Agenda Item 8.c.
Page 8
Minutes: City Council Regular Meeting
ing
Tuesday, June 14,, 2011
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee
(b) Mayor Pro Tern Ray:
(1) Economic Vitality Corporation (EVC).
(2) California Joint Powers Insurance Authority (CJPIA)
(3) Tourism Committee
(c) Council Member Costello:
(1)
Zone 3 Water Advisory Board
(2)
Air Pollution Control District (APCD)
(3)
Five Cities Fire Authority (FCFA)
(d) Council Member Guthrie:
(1)
South County Area Transit (SCAT)
(2)
Community Action Partnership (CAPSLO)
(3)
Homeless Services Coordinating Council (HSOC)
(e) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC).
13. CITY MANAGER ITEMS
None.
Page
14. COUNCIL COMMUNICATIONS
Mayor Ferrara announced he would be attending League of Californian Cities Board meeting this
week regarding an update on proposed legislation relating to redevelopment.
15. STAFF COMMUNICATIONS
City Manager Adams provided an update on the completion of improvements at Olohan Alley
and the movement of Farmer's Market back to its original location! reported that City of Grover
Beach would be discussing the City's invitation for joint meeting regarding consolidation; lidation; and
stated that the first 5 Cities diversity Coalition meeting will be held on June 23, 2011.
18. COMMUNITY COMMENTS AND SUGGESTIONS
John Keen, :North Elan Street, commented on water pollution in the Santa Maria groundwater
basin and use of chemical and diesel fuel in the oil company exploration process.
W. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:47 p.m. in the memory of Thomas Alan Runels.
Agenda Item 8.c.
Page 9
Minutes: City Council Regular Meeting
Tuesday, June 14., 201
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, re, City Clerk
(Approved at CC Mtg }
Page
Agenda Item 8.c.
Page 10
RO
A. INCORPORATED
MEMORANDUM
D IAA
JULY 1 0. 1 91 1
�
F 0 Ft
To: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
: MIKE LIN , ASSISTANT CITY ENGINEER
EEF
SUBJECT: CONSIDERATION of AN AWARD D of CONTRACT To FEF RAVAI TI
GRADING & PAVING FOR CONSTRUCTION of THE TRAFFIC WA
EXTENSION ASPHALT OVERLAY AND CITY WIDE DIGOUT PROJECT,
P11 11
DATE: JUNE 28 2011
RECOMMENDATION:
DATIOI :
It is recommended the City Council:
1. Award a contract for the Traffic Way E Asphalt O v e rlay and Citywide
Digout Project to F rraVanti Grading & Paving in the amount of $314,362; and
2. Authorize the City Manager to approve change orders for 10% of the contract
amount, $31,436, for unanticipated costs during the construction phase of the
project (total construction costs = $314,362 + $31,436 = $345, 798).
FINANCIAL CIAL IMPACT:
The Capital Im Program budget for Fiscal Y ears 2010/11 and 2011/12
includes $851,371 for the Pavement Management projects. This includes not only the
Traffic Way E Asphalt Overlay and Citywide Digout Project but the 2011 Street
Resurfacing Project as well, which will be advertised to bid in late duly, 2011.
B ACKGROUND:
D:
The project scope of work is divided into two separate schedules:
Schedule A— Reconstruction of the Traffic Way Extension R adw y
The process includes the complete removal oval of the existing asphalt, an
investigation of the existing base rock condition to determine if additional base
rock is required, regrading and compaction of the base rock, and installation of a
new asphalt concrete paving section.
Agenda Item 8.d.
Page 1
CITY COUNCIL
CONSIDERATION of AN AWARD of CONTRACT To FERRA IANTI GRADING
PAVING FOR CONSTRUCTION of THE TRAFFIC WAY EXTENSION ASPHALT
OVERLAY AND CITY WIDE DIGOUT PROJECT, PIN 2011-04
JUNE 28,2011
PAGE 2
The Pavement Management Master Plan recommend a PCI (Pavement
Condition Index) of 75 (out of a possible score of 100) for City streets. The PCI
rating for Traffic Way Extension is 19, which qualifies it as a "Very Poor"
condition. The recommended rehabilitation strategy 'is the complete
reconstruction of the roadway in accordance with Table 2a from the Pavement
Management Master Plan;
Schedule B — citywide Diguts
"Digout " are defined as the removal of asphalt and base materials to the
roadway s ubgrad e, usually resulting from grater intrusion or the lack of
compaction during the original construction. Dependent upon the encountered
condition, additional material may need to be installed to stabilize the s ubgrade.
The roadway structural section is then rebuilt through the placement and
compaction of base rock and asphalt pavement. This work is being performed in
preparation of roadway resurfacing applications, such as slurry sealing and
micro urfacing, which provides a membrane over the roadway surface. Since
the s lurry seal and rnicrourfacing contractors are typically not equipped to
perform roadway reconstruction, it is prudent to have the work b performed by a
company geared to perform asphalt paving.
ANALYSIS of ISSUES:
On June 16, 2010, four bids were opened for the Traffic Way Extension Asphalt Overlay
and Citywide Rigout Project. The lowest bid, from Ferravanti Grading & Paving, was in
the amount of $314,362 ($140,361-50 for Schedule A — Traffic Way Extension +
$174,000.00 for Schedule B — Citywide Drgout . Staff has determined the bid to b
responsive and recommends the a ward of a construction contract to Ferravanti Grading
Paving.
Agenda Item 8.d.
Page 2
CITY COUNCIL
CONSIDERATION ATIOI of AN AWARD of CONTRACT ACT To FER AVAI TI GRADING
PAVING FOR CONSTRUCTION of THE TRAFFIC WAY EXTENSION SION ASPHALT
OVERLAY AND CITYWIDE IRE RIGOUT PROJECT, PW 2011-04
JUNE 28 2011
PAGE
The digout work is proposed in preparation for the Pavement Management Program
work to be performed later in the Summer. Funding is being carried over and it is
proposed to construct the Pavement Management Program projects for both FY 2010-
11 and FY 201 1 -12 this Summer. Bids for this work were approximately $150,000 over
the engineer's estimate. Therefore, it is likely that additional funding will be necessary
to complete the Pavement Management Program im provements. If necessary, an
additional appropriation will be recommended at that time. This amount can be
addressed from the fund balance of the Local Sales Tax Fund while maintaining the
15 minimum reserve policy.
Streets proposed to be upgraded are consistent with the Pavement Management
Program approved by the city council in September, 2010. They include the following
streets.
Staff recommends that council award both Schedule A and Schedule B. The contract
time is 30 calendar days. Work is expected to begin in early September.
ALTERNATIVES:
The following alternatives are provided for the council's consideration;
1. Approve staff recommend to award a construction contract to the lowest
responsive bidder for both Schedules A and ;
2. Reduce streets proposed for digouts to avoid the need to appropriate additional
funds to complete the Pavement Management Program improvements.
3. Do not award a construction contract for the project at this time; or
4 Provid e d irection to staff.
ADVANTAGES:
The Traffic Way Extension roadway is in very poor condition and requires
reconstruction. Less expensive options are not advisable. Performance of the asphalt
digouts will provide a stable surface to facilitate the application of microsurfacing and
slurry sealing on a separate project later in the year. Performing the digouts will enable
the city to administer the remaining work in the Pavement Management Program during
the summer months.
DISADVANTAGES:
'rhe proposed work will likely exceed budgeted funds once the remaining Pavement
Management Program improvements are bid later in the Summer. This will require
additional funding that could be used for other priorities. However, staff believes
sufficient funding exists in the Local Sales Tax Fund and street improvements are a
high priority.
Agenda Item 8.d.
Page 3
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT TO FERRA ANTI GRADING
PAVING FOR CONSTRUCTION F THE TRAFFIC WAY EXTENSION ASPHALT
OVERLAY AND CITYWIDE IRE RIGOUT PROJECT, P II 2011-04
JUNE 28 2011
PAGE 4
ENVIRONMENTAL REVIEW:
The project is categorically exempt from CE QA pursuant to Guidelines section
15301 (c).
PUBLIC NOTIFICATION AND COMMENTS:
MENTS:
The agenda was posted on Thursday, June 23, 2011. The agenda and staff report was
posted o n the City's website on Friday, June 24, 2011. No public comments were
received as of the time of preparation of this report.
Attachment:
1. Bid Tabulations
Agenda Item 8.d.
Page 4
ATTACHMENT 1
BID OPENING LOG SHEET
CITY F ARROYO GRANDE
Deadline; June 16, 2011; 2:00 p.m,
Traffic flay Extension and Citywide Digut
SUBMITTED BY:
P pI h Construction, I n .
Pismo Beach, CA
Ferravanti Paving
Paso Robles, CA
Cal Portland Construction
Santa Maria, CA
Brugh Construction Inc.
Arroyo Grande, CA
Ditty N011n, Deputy City Clerk
City Manager
Community Development Director
TOTAL
$429768.29
.$314
.$381
$378,050.50
Agenda Item 8.d.
Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.d.
Page 6
RO
INCORPORATE
MEMORANDUM
im .Y 10, loll
['
To: CITY COUNCIL
FROM: TER
ESA IIACCLISH, collAlIA1JNIfiY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION of A FOURTH AMENDMENT To AGREEMENT WITH
NORTH COAST ENGINEERING FOR THE EL CAMINO REAL
REHABILITATION AND ENHANCEMENT PROTECT, PW 2008
DATE: JUNE 28, 2011
RECOMMENDATION:
Iof
It is recommended the Council:
1. approve a Fourth Amendment to the Agreement for Consultant Services with North
Coast Engineering to increase the "not to exceed" amount by $8,958 to perform
add itional roadway design services near Cornwall Avenue, construction surveying and
construction support for the El Camino Real Rehabilitation and Enhancement Project;
and
2. authorize the Mayor to execute the amendment.
FINANCIAL IMPACT:
The Capital Improvement Program Budget includes $2,361,932 for the project. - rhe
total estimated cost of the project (design, administration, construction) is $2,325,000.
BACKGROUND:
On December g, Zoo, the City Council approved an agreement with North Coast
Engineering in the amount of $68,620 for the design of the E1 Camino Real Retaining Hail,
El Camino Real Resurfacing, and El Camino Real/Chilton Street waterline Capital
I mprovement Projects. On April 28, 2009, the City Council approved a First Amendment to
the Agreement for Consultant Services in the amount of $21,608 to include bicycle lanes,
sidewalk gap closures, and underground utilities between Cornwall Avenue and East
Grand Avenue. On June g, 2009, the City Council approved a Second Amendment to the
Agreement for Consultant Services in the amount of $19,851 to include the expansion of
the Halcyon Park and Fide Lot. On November 10, 2009, the City Council approved a Third
Amendment in the amount of 40,508 to design revisions to the County pigging vault,
drainage modifications for the soil nail retaining wall, redesign of the Park and Fide layout,
revisions to the Cornwall Avenue storm drain and waterline, and the Chilton waterline.
Agenda Item 8.e.
Page 1
CITY COUNCIL
CONSIDERATION of FOURTH AMENDMENT To AGREEMENT WITH NORTH
COAST ENGINEERING FOR THE EL CAMINO REAL REHABILITATION AND
ENHANCEMENT PROJECT, PW 2008-09
JUNE 28 2011
PAGE
On May 2, 2011, the City Council awarded a construction contract to Brough Construction
in the amount of $1,900,572 and authorized the City Manager to a pprove change orders
for 15% of the contract amount, $285,086 (total construction costs = $1 +
$285,086 i $2,185
The construction of the new VCA Animal Hospital at the southwest corner of the E Camino
Real and Cornwall Avenue intersection is nearing completion. Staff had conditioned the
project to install new curb, gutter and sidewalk along the frontage of the property. Since
the grade of the El Camino Real roadway would be affected, staff also conditioned
temporary repairing of the frontage segment of El Camino Real, which would then be
reconstructed during the City's capital improvement project. Due to the short time frame
between the two projects, staff deleted the tem paring requirement from the
developer's scope of work and requested a credit for the work that could be applied
towards the El Camino Real Rehabilitation Project. Although there had been extensive
coordination between the North Coast Engineering (the Cltyls consultant engineer) and the
developer's engineer, changes during construction of the frontage improvements resulted
in a larger grade difference than originally designed. After considerable discussions, the
City and North Coast Engineering mutually agreed that the rig ht -of- w y improvements and
the existing roadw would require a new surrey to facilitate red esign of the El Camino
Roadway segment guest of Cornwall Avenue.
ANALYSIS of ISSUES:
A Fourth Amendment to the Agreement for Consultant Services for North Coast
Engineering is recommended for the following:
Construction Surveying $22,991
Construction surveying on City capital projects is normally the responsibility of the
contractor. Given the unique technical circumstances of the project, primarily the
soil nail retaining wall, staff believed the surveying should be performed by North
Coast Engineering. Staff deleted the surrey requirement from the bid
documentation.
Improvements near Cornwall Avenue (V Animal Hospital) $8,968
Work includes the performance of a surrey of the new right-of-way improvements
for the V CA Animal Hospital adjacent to El Camino Real east of the Cornwall
Avenue intersection and the redesign of the adjacent roadway segment. The work
will be incorporated into the scope of work for the El Camino Real Rehabilitation and
Enhancement Project. The amendment and the changes will be funded partially
from the cred the City receives from the VCA Animal Hospital for the deletion of
temporary roadway construction during the construction of their right-of-way
improvements.
Agenda Item 8.e.
Page 2
CITY COUNCIL
CONSIDERATION OF FOURTH AMENDMENT TO AGREEMENT T WITH NORTH
TH
COAST ENGINEERING FOR THE EL CAMINO REAL REHABILITATION AND
ENHANCEMENT PROJECT, PIN 2008-09
JUNE 28 2011
PAGE
Construction Support Services $18,21
Includes support functions that the City may elect to be performed by the design
engineer during the construction project.
Please note th all services will be billed on a time and materials basis and are only
p erformed solely at the City's direction.
ALTERNATIVES:
The f alternatives are provided for the Council's consideration:
• AppFove a contract amendment with North Coast Engineering;
• Do not approve a contract amendment with North Coast Engineering;
• Provide staff direction.
ADVANTAGES
A pproval of the contract amendment will enable the surrey and redesign to be performed
with adequate lead time to avoid potential delays to the El Camino Real l F eh bilit ti n and
Enhancement Project, currently scheduled to begin in early duly 2011.
DISADVANTAGES:
Staff is currently negotiating the credit with the developer of the VCA Animal Hospital for
deletion of the temporary r for El Camino Re adjacent to their property frontage.
Staff has estimated the potential amount of the credit but it is currently unknown wn t
whether it will cover the resultant redesign and reconstruction expenses.
ENVIRONMENTAL REVIEW:
An environment determination will be presented to Council at the time of consideration t
approve plans and specifications for the projects.
PUBLIC NOTIFICATION AND COMMENTS:
MENTS:
The Ag eed a was posted in front of City Hail on Thursday, June 2 3� 2 011. The Agenda and
staff report were posted on the City's website on Friday, dune 2, 2011. No public
comments were received as the time of preparation o f this staff report.
Attachment:
Fourth Amendment to the Agreement for Consultant Services with North Coast
Engineering.
Agenda Item 8.e.
Page 3
ATTACHMENT 1
CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 4
This Fourth Amendment "Fourth Amendment" to Consultant's Services Agreement
CCSX) by and between the CITY OF ARROYO GRANDE and NORTH TH COAST
ENGINEERING, INC. is made and entered into this day of .June 2011, based on
the following fats:
WHEREAS, the parties entered into a CSA dated December g, 2008, for the design of the
El Camino Real Retaining Wall, El Camino Real Resurfacing , and El Camino Real/ Chilton
Street Waterline Capital Improvement Projects; and
WHEREAS, the parties entered into a First Amendment to CSA dated April 28 2009, to
include the design of bicycle lanes, sidewalk gap closures, and underground utilities
between Cornwall Avenue and East Grand Avenue as part of the project; and
WHEI EAS, the parties entered into a Second Arnendment to CSA dated .June g, 2009, to
include the design of the Halcyon Park and Fide Lot Expansion a part of the project; and
WHEREAS, the parties entered into a Third Amendment to CSA dated November 10,
2009, to include additional design services on the El Camino Real Retaining Hall, El
Camino Real Resurfacing, ing, and El Camino Real/Chilton Street Waterline Capital
Improvement Projects; and
WHEREAS, the Agreement expired on December 31, 2003; and
WHEREAS, the parties wish to revive and amend the original agreement as set forth
herein.
NOW THEREFORE, for the good and valuable consideration, the receipt and sufficiency of
which is acknowledged, the parties agree that the Agreement is herby revived and in full
force and effect as modified, and subject to the terms and conditions set forth below:
1. Revive the CSA and extend the terra to expire on .June 30, 2012.
2. T include the flung additional services to the CSA as specified in Exhibit "A„
attached hereto and incorporated herein by this reference.
3. Except as modified herein, all other terms and conditions set forth in the CSA,
as amended, shall remain unchanged.
Agenda Item 8.e.
Page 4
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Fourth
Amendment the day and year first set forth a bove.
CITY OF ARROYO GRANDE
:
TONY FERRARA, MAYOR
ATTEST,
FOLLY WETMO E, CITY CLERK
APPROVED AS To FORM
TIMOTHY J. CAR IEL, CITY ATTORNEY
CONSULTANT
B
NORTH COAST ENGINEERING
Agenda Item 8.e.
Page 5
EXHIBIT A
ivy E 1 ` Land S urrreyiriq - Proj ea r opmeiiL
PROPOSAL FOR
CONSTRUCTION SERVICES
CITY OF ARROYO GRANDE
51112011
Improvements for E1 Camino Real
Arroyo Grande, CA
I. CONSTRUCTION STAKI hl '
A. Survey Control
1. Check and set additional control
B. Rough Grade Staking
1. Mark sew cut lines t paint marks)
C. Hall Staking
1. Walls - sheets 6 and 7 2t stakes)
a. Stake offset to fade of wall with cuts/fill to top of footing
2. Soil nail Wall - sheet 12(F Rough Grade )-11 t stakes
a. Stake offset to top and bottom of wall with cuts to top of walllbot of wall
2A. Soil nail Hall - sheet 12( Finish Grade) -11t stakes
a. Stake offset to top and bottorn of wall with cuts to top of walllbot of wall
3. fall - sheet 1 40± stakes)
a. Stake offset to fade of wall with cutslfill to eplfinish surface
D. Storm Drain -sheets 11,1
1. Stake offsets to 4-DI's behind soil nail wall with cut1fill to top of grate-(8± stakes)
2. Stake offsets main line (sheet 1 ) with cut/fill to invert-(12± stakes)
R:\PR0M814MWmnen=1 1 El Camino Street Improvement
ESTIMATED FEE
$22,9911.00
Client Initials:
1 or
Agenda Item 8.e.
Page 6
E. Water -sheets ,1 3,14,1
1. Stake main line on Oak Park with cut/fill to finish surface-(6± stakes)
2. Stake water main line {sheet 1 with cut/fills to finish surface -(11 ± stakes)
3. Make water servi es with cutlfilI to top of curb-(12± stakes)
4. Stake B fire hydrants with cut/fill to top of curb-(12± stakes)
F. Sewer - sheet 1
1. stake offset to end of lateral with cut/fill to top of curb-(2± stakes)
G. Finish Grade - sheets -7
1. Make offset to face of curb with cut/fill to top of curb-(1 5± stakes)
2. Make offset to llowline of cross gutter-(4± stakes)
H. Finish Grade - sheet 10
1. Stake offset to face of curb with cut/fill to top of curb-(40± stakes)
2. Make offset to llowline of cross gutter with cut/fill llowline -( ± stakes)
I. Finish Grade - sheet 11
i . Make offset to face of curb with cut/fill to top of curb -(11 ± stakes)
II. CONSTRUCTION EN INEEF ING
1. Pre -bid meeting with City
2. Respond to Bidders Questions IFI's
3. Attendance at Pre -Bid Meeting
4. Pre job meeting with selected contractor
a. Contractor questions
B. Review shop drawings for Boil Nail Wall
7. Plan interpr tation/ FI's
8. Prepare record drawings
9. Final walk through
(Budget 8 hours)
(Budget 30 hours)
(Budget 20 hours)
TOTAL E TIMATED HOURLY FEE:
"All reimbursable expenses are in addition to estimates."
SITE:
1. Construction staking based on estimated time needed without contractor input.
2. Contruction engineering based on budgetary hours for project engineer (Budget hours)
and senior engineering coordination with City. Can provide additional observation
as requested by City.
CLIENT F E P N IBILITIE /E] LUS IONS:
Construction Observation and Inspection
Soil testing
Striping layout
$18
Client Initials;
RAPROJ=14MAgreeawt12011 El Camino Street Improvement 2 of
Agenda Item 8.e.
Page 7
NORTH COAST ENGINEERING, IN -
Cis Engineering • Land Surveyinq ■ Project Developnient
PROPOSAL FOR
PROFESSIONAL SERVICES
CITY OF ARROYO GRANDE
May 1 , 011
Amendment #4 Additional Services for El Camino Real
i Arroyo Grande, CA
ESTIMATED FEE
I. REVISIONS TO IMPR EM NT PLANS (El Camino Real 0 $6,956.00
A. Review VCA Plans, Coordination with Ground lip Engineers
B. Survey existing features for design
C. Plan and Profile of centerline El Camino Real
D. Cross - ecd+ons 5 a25'
E. Revise Quantity Estimate (Cornwall Set)
F. Internal Plan Check
G. Submit to City /Coordinate Revisions
TO TAL ESTIMATED HOURLY FEE:
'All reimbursable expenses are in addition to estimates."
Client Initials:
R_WR0UMI4 VWeemer4V0I I FJ Camino Street Improvement 1 of 1
Agenda Item 8.e.
Page 8
PRO
4 p�
INCOAPORATED
MEMORANDUM
JULY 10, 19 11
F�
TO: CITY COUNCIL
FROM: TERESA I IDDLISH, COMMUNITY UNITY DE EL PMENT DIRECTOR
Y. LES EANS, PROJECT ENGINEER
SUBJECT: CONSIDERATION TO APPROVE FINAL TRACT MAP 2653 - CHERR
CREEK; SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT (28)
RESIDENTIAL LOTS, SIX OPEN SPADE LOTS, AND ONE 1
DRAINAGE LOT, ADOPT A RESOLUTION ACCEPTING EASEMENTS
AND PUBLIC IMPROVEMENTS; APPROVE A SUBDIVISION
IMPROVEMENT WARRANTY F AGREEMENT; ADOPT A
RESOLUTION ACCEPTING THE TRANSFER OF A PORTION OF THE
REAL PROPERTY FORMERLY KN As DIRT CHERRY AVENUE
LOCATED IMMEDIATELY ADJACENT TO TRACT 2663; AND
APPROVE AN AGRICULTURAL BUFFER EASEMENT AND
MAINTENANCE AGRE
DATE: JUNE 28 2011
RECOMMENDATION:
It is recommended the Council
1. Approve Final Tract Map 2653 — Cherry Creels, subdividing 9 acres into twenty -
eight 2 residential lots, six open space lots, and one 1 drainage lot;
2. Adopt a Resolution accepting the Lot 29 drainage lot, easements and public
improvements;
3. Approve a Subdivision Improvement Warranty Funding Agreement withholding
$271 X 707 of funds the City co mmitted to pay to the Tract owner towards the
regional portion of the drainage improvements Installed a part of the project and
an additional $21 ,800 to guarantee certain additional minor improvements;
4 . Adopt a Res accepting the transfer o f a portion of the real property
formerly known as Girt Cherry Avenue located immediately adjacent to Tract
2653; and
5 . Approve an Agricultural Buffer Easement and Maintenance Agreement.
FINANCIAL I M PACT:
Under the Conditions of Approval, the City is obligated to pay $325,000.00 to the
developer for its share of costs associated with the regional drainage improvements.
The developer has requested $271, 707 be withheld to lieu of a warrantee bond and an
additional amount of $21 be withheld for certain additional improvements, leaving a
payment o f $31 ,493. At this time, funds will come from the Drainage Fund and Local
Agenda Item 8.f.
Page 1
CITY COUNCIL
CONSIDERATION To APPROVE FINAL TRACT MAP 2653 — CHERRY CREEK;
SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT 2 RESIDENTIAL LOTS, SIX
OPEN SPACE LOTS, AND ONE 1 DRAINAGE LOT; ADOPT A RESOLUTION
ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A
SUBDIVISION IMPROVEMENT WARRANTY FUNDING AGREEMENT; ADOPT A
RESOLUTION ACCEPTING THE TRANSFER of A PORTION of THE REAL
PROPERTY FORMERLY KNOWN 11 AS DIRT CHERRY AVENUE LOCATED
IMMEDIATELY ADJACENT To TRACT 2653; AND APPROVE AN AGRICULTURAL
BUFFER EASEMENT AND MAINTENANCE AGREEMENT
JUNE 28 2011
PAGE 2
Sales Tax Fund. There is $331,000 budgeted in the capital project for this and
remaining costs for completion of the stone culvert headwall.
In the future the maintenance of the new public improvements will add to the overall
costs of the City infrastructure maintenance program. The earthen berm along Branch
Mill Road will need to be re- graded prior to each rainy season at City expense. In
addition, the maintenance needs for the drainage facilities constructed as part of this
Tract will be significant during rainy years when silt collects in the drainage lot and
requires removal.
BACKGROUND:
ND:
The City has received Final Tract Map 2653, owned by Han na Development
Corporation. The subject tract is located between East Cherry Avenue and Myrtle
Street. This reap subdivides g acres into twenty -eight 2 residential lots ranging In
size from 5,820 sq uare feet to 1 7,822 square feet. The smallest open space lot is
4,993 square feet and the largest is 30,175 square feet. The drainage lot is 42,449
square feet.
The City Council approved D evelopment Code Amendment No. 06-003 on November
2, 2006 to change the zoning of Subarea 1 from Residential Rural to Single - Family
Residential and approved Neighborhood Plan No. 04-001 on October g, 2007 to
coordinate infrastructure needs within both subareas, consistent with policies set forth
in the General Plan.
On May 2, 2009, the City Council adopted Resolution No. 4187 granting a one -year
time extension and amending Nesting Tentative Tract Map No. 2653 and Planned Unit
Development No. 04-002. O October 13, 2009 the City Council adopted Resolution
No. 4225 amending the conditions of approval of Vesting Tentative Tract Map No. 2653
and making a finding for substantial conformance to approved plans regarding the width
of the Agricultural buffer.
ANALYSIS of ISSUES:
The reap is consistent with the Vesting Tentative Tract Map No. 2653 and Planned Unit
Development No. 04-002 approved by the City Council on November 28, 2006 and
amended in 2009. Staff recommends than the Council approve Final Tract Map 2653
and accept the offers of dedication for street right of way, pedestrian and street tree
Agenda Item 8.f.
Page 2
CITY COUNCIL
CONSIDERATION To APPROVE FINAL TRACT MAP 2653 — CHERRY CREEK;
SUBDIVIDING 9 ACRES INTO TWENTY -EIGHT 8 RESIDENTIAL LOTS, SIX (6)
OPEN SPACE LOTS, AND ONE 1) DRAINAGE LOT; ADOPT A RESOLUTION
ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A
SUBDIVISION IMPROVEMENT WARRANTY FUNDING AGREEMENT; ADOPT A
RESOLUTION ACCEPTING THE TRANSFER of A PORTION of THE REAL
PROPERTY FORMERLY KNOWN As DIRT CHERRY AVENUE LOCATED
IMMEDIATELY IATELY ADJACENT To TRACT 2653; AND APPROVE AN AGRICULTURAL
BUFFER EASEMENT AND MAINTENANCE AGREEMENT
JUNE 28 2011
PAGE 3
easements, Lot 29 (drainage lot) and Open Space Lots 30-A, 30-B 3 -C, 30-D, 3 -E
and 3 -F as shown on the Final Map.
An unusual feature of the project is the installation of two bridges one on East Cherry
Avenue and one on Myrtle Street. The street easements, over the top of the bridges,
are offered for dedication on the Final Map. Lot 29, the drainage lot than runs the length
of the tract and under the bridges, is offered as a separate instrument and the City will
own the property in fee.
As a condition of the development of Tract 2653, the Developer was required to
construct offsite storm drain facilities along Branch Mill Road to the existing stone
culvert at Huebner Larne. The constructed facilities include a " storm drain line from
the stone culvert on Branch Mill Road to the intersection of Branch Mill /East Cherry
Street, then east along East Cherry Avenue to the new East Cherry box culvert. In
addition, a dirt berm was constructed along Branch Mill Road and grading near the
corner of Branch Mill Road and East Cherry was performed to better direct agricultural
run -off into the on -site Cherry Creep facilities. Staff recommends than these off -site
drainage facilities also be accepted for maintenance. Since the time the berm was
constructed along Branch Mill Road, farming operations and heavy winter rainfall have
slightly reduced the height of the berm. Prior to the next rainy season, the City will
need to restore the berm to ensure than the new drainage facilities operate as designed.
The Developer has agreed to help fund the berm restoration work.
The Developer and the City have entered Into a reimbursement agreement for a portion
of the cost of the offsite drainage improvements. The agreement calls for the City to
reimburse the Developer $306,000 plus interest 3° annually) for the work. Payment is
to be made upon completion and City acceptance of the offsite drainage improvements.
In the case of Tract 2653, the D eveloper did not post an Improvement Bond
guaranteeing the construction of improvements, but instead elected to install the public
improvements before recording the Final Map. The Developer has proposed than the
City withhold $271,707 of the funds due it from the City under the reimbursement
agreement for offsite drainage improvements for the one -year subdivision improvement
warranty period. In addition, the Developer has not completed certain minor
improvements including setting seven monuments, completing the landscaping in the
easement adjacent to Lot 29, reconstructing the earth berm adjacent to Branch Mill
Road than was damaged by winter storms and re- striping the intersection at Branch Mill
Agenda Item 8.f.
Page 3
CITY COUNCIL
CONSIDERATION To APPROVE FINAL. TRACT MAP 2653 — CHERRY CREEK;
SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT ) RESIDENTIAL LOTS, SIX )
OPEN SPACE LOTS, AND ONE 1) DRAINAGE LOT, ADOPT A RESOLUTION
ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A
SUBDIVISION IMPROVEMENT WARRANTY FUNDING AGREEMENT; ADOPT A
RESOLUTION ACCEPTING THE TRANSFER of A PORTION of THE PEAL
PROPERTY TY FO ME LY KNOWN As DIRT CHERRY AVENUE LOCATED
IMMEDIATELY ADJACENT To TRACT 2653; AND APPROVE AN AGRICULTURAL
BUFFER EASEMENT AND MAINTENANCE AGREEMENT
,JUNE 28,2011
PAGE 4
Road and East Cherry Avenue. The Developer has proposed that the City withhold an
additional amount of $21,800.00 from the reimbursement agreement to guarantee the
cost of these items. The Subdivision Improvement Warranty Agreement addressing
these "hold backs" is attached for the Council's consideration.
Finally, there is the issue of a 16t strip of land formerly known as "dirt Cherry' adjacent
to the southerly Tract boundary that is owned by the twelve property owners living to the
east of Tract 2653 and formerly utilized for access. Access to their properties is now
provided by the newly constructed section of East Cherry Avenue. A portion of the 1
strip was used to construct the new pared section of East Cherry Avenue, a portion
was used to construct drainage improvements and the balance is now a part of the
landscaped area within the agricultural buffer immediately adjacent to East Cherry
Avenue. The property owners have transferred their interest in this portion of the
former "dirt Cherry" to the City. A separate Resolution is attached to accept this real
property transfer. In order to ensure that landscaping within the agricultural buffer is
maintained y the Developer and subsequently by the Homeowners' Association, as
specified in the conditions of approval and mitigation measures for Tract 2653, the City
will grant, and the Developer will accept, an agricultural buffer installation and
maintenance easement in the portion of former "dirt cherry" that does not include
roadway improvements. To perfect that action, an Agricultural Buffer Easement and
Maintenance Agreement are attached for Council consideration.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Approve staffs recommendation;
• Do not approve staffs recommendation;
• Modify as appropriate and approve staff's recommendation; or
• Provide direction to staff.
ADVANTAGES:
irhe approval of the Final Map will allow the developer to commence sales of the lots
and enable the eventual construction of 28 new homes that will deliver additional
property tax to the City. The acceptance of the drainage improvements is consistent
with the Newsom Springs Regional Drainage Plan and in compliance with the
agreement between the City and the developer for construction of a portion of the
ultimate Newsom Springs Drainage improvements. The drainage improvements should
Agenda Item 8.f.
Page 4
CITY COUNCIL
CONSIDERATION TO APPROVE FINAL TRACT MAP 2553 - CHERRY CREEP[,
SUBDIVIDING 9 ACRES INTO TWENTY-EIGHT RESIDENTIAL LOTS, SIX ( 6 )
OPEN SPACE LOTS, AND ONE 1 DRAINAGE LOT, ADOPT A RESOLUTION
ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS; APPROVE A
SUBDIVISION IMPROVEMENT WARRANTY FUNDING AG EEME 1T; ADOPT A
RESOLUTION ACCEPTING THE TRANSFER OF A PORTION F THE REAL
PROPERTY FORMERLY KNOWN As DIRT CHERRY AVENUE LOCATED
IMMEDIATELY ADJACENT TO TRACT 2553, AND APPROVE AN AGRICULTURAL
BUFFER EASEMENT AND MAINTENANCE AGREEMENT
JUNE 289 2011
PAGE 5
reduce the possibility of storm damage to City residents and result in a decreased
exposure to liability for the City.
DISADVANTAGES:
The acceptance of improvements will create additional maintenance costs for the City.
ENVIRONMENTAL REVIEW:
IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION A D COMMENTS:
The agenda for this meeting was posted at City Hall on Thursday, June 23, 2011 and
the agenda and staff report were posted on the City's website on Friday, June 24, 2011.
As of the writing of this staff report, no public comment had been received.
Attachments:
1. Final Tract Map 2
2. Subdivision Improvement Warranty Funding Agreement
3. Agricultural Buffer Easement and Maintenance Agreement
Agenda Item 8.f.
Page 5
RESOLUTION NO.
RESOLUTION F THE CITY COUNCIL OF THE CITY
F ARROYO GRANDE ACCEPTING EASEMENTS TS AI D
IMPROVEMENTS FOR TRACT 2653 CONSTRUCTED STRUCTED B
HUASI A DEVELOPMENT COMPANY, LLC
WHEREAS, the City Council approved Final Tract Map 2653 on November 28, 2006;
and
WHEREAS, the project was conditioned to mplete certain public improvements
pursuant to Resolution No. 4187 adopted by the City Council on May 26, 2009 and
Resolution N. 4225 adopted by the City Council on October 13, 2009; and
WHEREAS, the developer has constructed the improvements required by the
conditions of approval for Tract 2653; and
1 !: ,.'EREAS, staff has inspected the improvements and finds they are constructed in
accordance with the approved plans for the project.
NOW, , THEREFORE, BE IT RESOLVED that the City Council of the City o Arroyo
Grande does hereby accept the following offers o f dedication and improvements for
Tract 2653
1. Lot 29 (drainage lot),,
2. Public street easements for East Cherry Avenue, Myrtle Street and Stilwell
Drive,
3. Public curb,, gutter, sidewalk, water lines, sewer facilities, storm drainage
facilities,, landscaping and streets on East Cherry Avenue, Myrtle Street and
Stilwell Drive
4. Open space easements n Lots 30 A-F
5. Newsom Springs Drainage Improvements as described in the Drainage
Improvement and Easement Agreement dated March 9, 2010.
Cyr, 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 2011.
Agenda Item 8.f.
Page 6
RESOLUTION 1 .
PAGE
TONY FER AF A, MAYOR
ATTEST:
KELLY WETM F E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
M:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.f.
Page 7
RESOLUTION N .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING THE TRANSFER OF
A PORTION OF THE REAL PROPERTY FORMERLY
KNOWN AS DIRT CHERRY AVENUE {A PORTION OF
APN 007 - 711 -004) LOCATED IMMEDIATELY ADJACENT
TO TRACT 2653
WHEREAS, EAS, the owners of real property formally known as Dirt Cherry Avenu
portion f APN 007 - 711 -004) located immediately adjacent to Tract 2653 desire to
transfer a portion of said property to the City o Arroyo Grand ("City"); and
WHEREAS, EAS, the City desires to accept said transfer for the benefit f the general public.
NOW, , THEREFORE, BE IT RESOLVED L1 ED than the City Council of the City o Arroyo
Grande does hereby accept the interest in real property identified as a portion of
Assessor's Parcel Number 007-711-004, as more particularly described in Exhibit A and
depicted in Exhibit B both of which are arttar h d hereto and incorporated herein by this
reference.
BE IT FURTHER RESOLVED than the Mayor is authorized to execute Certificate(s) of
Acceptance for said real property.
On motion of Council Member seconded by Council Member
and by the following roll call Grote, to grit:
AYES:
NOES
ABSENT:
the foregoing Resolution eras parsed and adopted this I day of June, 2011.
Agenda Item 8.f.
Page 8
RESOLUTION N .
PACE 2
TONY F E IAA FAA, MAYOR
ATTEST:
KELLY WETMORE CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.f.
Page 9
EXHIBIT 64A95
LEGAL DESCRIPTION
That Portion of Lot 90 of the Ranchos Corral de Pi dr , Pismo and Bolsa de Ch mis 1, in
the City of Arroyo Grande, County of San Luis Obispo, State of California, according t0
the map made by James T. Stratton, in September, 1873 and recorded in Book A, Page
of Maps in the office of the County Recorder of said County, more Particularly described
as follows:
The north westerly 16.00 feet of Lot 90 from the westerly corner of Lot 90,
82.69 feet to the easterly corner 0 f Lot 3 5 0 f the Resubdivision 0 f a Part o f the
Ranchos Corral de Pi dr , Pismo and Bolsa de Ch mi al, as surveyed by R.R.
Harris, November 1885 and recorded in Book A, Page 63 of Maps, records of said
County. Except therefrom that Portion thereof conveyed to the County of San
Luis Obispo for road Purposes by feed dated July 1, 1911 recorded in Book 88,
Page 485 of feeds, records of said County.
The above described Property is shown On Exhibit "" attached hereto and incorporated
herein by reference.
6/22/11
Agenda Item 8.f.
Page 10
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Agenda Item 8.f.
Page 11
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ATTACHMENT 2
SUB MSION IMPROVEMENT WARRANTY FUNDING AGE+ EM ENT
This Improvement Warranty Funding Agreement ("Agreement") is entered into on this
day of June 2011 by and between Huasna Development Company, a California Limited
Lability Company "Developer" and the City of Arroyo Grande, a California Municipal
Corporation ("pity ".
Recitals
A. VVHEREAS, on November er 8, 20o6, City approved Vesting Tentative Map loo.
2653 and Planned Unit Development loo. 04-002 to subdivide a nine acre property into
twenty eight residential lots; four open space lots and one i drainage lot "Cherry
Creep Project"); and
B. VVHEREAS, on October 13, 2009, City approved Resolution loo. 422,5
containing revised Conditions of Approval requiring Developer to install certain drainage
improvements in connection with the Cherry Creep Project, including the following Condition:
Condition loo. 116. The Applicant shall construct a -inch offsite storm drain
line(s) and appurtenances from the East Cherry Avenue lox culvert, along Branch Mill Road in
the public right of way and through a City drainage easement on Dlixon Ranch to the existing
ditch at the stone culvert located near the corner of Branch Hill Road and Huebner Lane and
construct other off site regional drainage infrastructure including a. berm above the -inch
drain line consistent with the conceptual drainage plan in Exhibit "B" ... The City shall
reimburse the applicant o,000.00, plus interest, for this work.
E. VVHERFAS, Resolution loo. 4225 also contains revised Conditions of Approval
requiring the Applicant to provide certain improvement securities in connection with the Cherry
Creep Project, including the following Condition:
Condition loo. 139. Provide financial security mutually acceptable to the
Applicant and City for the following ... one Year Guarantee: io% of the approved estimated
cost of all subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
P. VVHEREAS, the purpose of this Agreement is to set forth the terms under which
City will hold back 71,707.00 of its $3o6,000.00 reimbursement obligation in lieu of
requiring Developer to provide a separate warranty deposit in order to satisfy the financial
security requirements of Condition loo. 19.
NOW, THE EFO E, in consideration of the mutual promises and covenants
contained herein and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, it 'is hereby agreed by and between the
parties as follows:
Agenda Item 8.f.
Page 13
Agreement
1. Recitals The above recitals are true and correct and are hereby incorporated into
this Agreement by this reference.
. warranty
a, warranty Amount. in accordance with Condition No. 139 of esolution
No. 4225, Developer is required to place on deposit with City, a one Year Guarantee in favor of
City in the amount of $271,707.00 to warranty all subdivision improvements associated with the
Cherry Creek Project, prior to City's acceptance of the subdivision improvements.
b. Hold Back. in lieu of a separate warranty deposit, City will hold back
$271,707.00 of the $3o6,000.00 reimbursement obligation (the " 71,707.00 hold back
security" ) upon Developer's completion of the drainage improvements and City's acceptance of
the offsite Newsom Springs Drainage Improvements. In the event that the improvements
referred to in paragraph 2(a) above, or any part of them, are defective as a result of defective
materials or defective workmanship, City is hereby authorized to use any or all of the
$ 2 71,707.00 hold back security to repair said improvements and pay all related costs, expenses
and fees that City incurs, including, but not limited to, reasonable attorney's fees. City will pay
Developer the remaining 73.,707.00 balance less repair and associated costs, if any, three
hundred and sixty five 6 days after completion and acceptance of the subdivision
improvements by City.
C. Additional Hold Back. Certain required improvements of the Cherry
Creek Project are not yet complete and the Developer wishes to post a cash bond to
guarantee the completion. The four 4 required improvements remaining and their
respective bond amounts are:
i. M numentati n 7 monuments). $7,7
ii. Landscaping in the easement adjacent to Lot 29. $io,600.00
iii. Striping at the intersection of Branch Mill Rd and East Cherry Ave: $i.,000
iv. Reconstruction of the berm adjacent to Branch Hill d: $
The cost of these improvements totaling 1,800.00 will be withheld from the
$3o6,000.00 reimbursement obligation in addition to the $271,707 warranty hold
back security set forth in Section .b. above). City will pay Developer the additional hold
back amount of $1.,800.00 at such time as all four 4 of the required improvements are
complete. if Developer fails to complete the four 4 required improvements within six
(6) months of the date of this Agreement, City shall have the right to construct said
improvements and deduct the cost thereof from the additional hold back funds, and the
balance of said funds shall be returned to Developer within thirty days of
completion of the improvements.
Agenda Item 8.f.
Page 14
3 . Reimbursement Obli gation. This Agreement effectively modifies any obligation
by City to pay developer the total $3o6,000.00 reimbursement amount upon completion and
acceptance f the drainage improvements, pursuant to Condition No. 11.0, any related
reimbursement agreement or any other agreement between the parties.
4. Governing This Agreement and the rights and obligations of the parties
hereunder shall be governed and construed in accordance with the laws of the State of
California. Venue for any dispute arising under this Agreement shall be in the courts in and for
Los Angeles County, California.
5. Attorney's Fees. Should Borrower default in payment, Borrower shall pay all
costs, expenses and all reasonable legal costs and fees incurred by Under, for the purpose of
collection of the unpaid balance and including reasonable collection charges should collection be
referred to a collection agency. These costs will be added to the outstanding principal and will
become immediately due.
6. Srabilit If any part of this Agreement is contrary t, prohibited by, or
deemed invalid under any applicable law of any jurisdiction, each provision shall, as to such
jurisdiction, be inapplicable and deemed omitted-to the extent so contrary, prohibited or invalid,
without invalidating the remainder hereof or affecting the validity or enforceability of such
prevision in any other jurisdiction.
7. Counterparts This Agreement may be executed in any number of counterparts
and by the different parties hereto on separate counterparts, each of which when so executed
and delivered shall be an original, but all of which shall together constitute one and the same
instrument, and all signatures need not appear on the same counterpart.
8. Benefit of Agreement This Agreement shall be binding upon and shall inure to
the benefit of and be enforceable by the parties and their respective successors in interest and
permitted assigns; provided, however, that Borrower shall not assign or transfer any interest or
delegate any duty hereunder without the prior written consent of Lender.
r.
c. Entire Agreement This Agreement embodies the entire agreement between
Fender and Borrower and supersedes all prior agreements, representations and understandings,
if any, relating to the subject muter hereof, but it may be modified by a written instrument
executed by Under and Borrower.
SIGNATURES TO FOLLOW ON N EXT FAGS
3
Agenda Item 8.f.
Page 15
IN WrYNESS WHEREOF, the parties hereby indicate by their signatures below that they
have read and agree with the terms and conditions of this Agreement in its entirety.
CITY OF ARROYO GRANDE: LICENSOR:
Bv:
..
Tony Ferrara, Mayor Hua na Development Company
ATTEST:
Its;
Kelly Wetmore, City Clerk
APPROVED AS TO FORM:
Timothy J. Carmel, City Attorney
(Title)
Agenda Item 8.f.
Page 16
ATTACHMENT T
AGRICULTURAL BUFFEF EASEMENT AND MAINTENANCE E A F EEMENT
This Agricultural Buffer Easement and Maintenance Agreement "Agreement" is entered
into on this day of 2011, by and between Hua nar Development Company, ar
Californian Limited Liability Company "H C" and the City of Arroyo Grande, a municipal
corporation "City" .
RECITALS
1. WHEREAS, EAS, on November 28, 2006, the City Council approved Vesting Tentative
Tract Map No. 2653 and Planned Unit Development 04-002 "Tract 2653" to ubdivide a nine
(9) acre property into twenty eight 8 single family residential It, four open sparse lots and
one 1 drainage lot; and
2. WHEREAS, on October 13, 2009, the City Council adopted Resolution No. 4225
in which it adopted reprised Conditions o Approval for Vesting Tentative Tract Map No. 2653;
and
3. WHEREAS, EAS, sand Conditions of Approval include the following conditions and
mitigations measures:
(a) Condition No. 128. The Applicant shall dedicate the appropriate right of
way for the extension of East Cherry Avenue as shown on the tentative reap.
(b) Mitigation Measure No. 2.2. The final landscape plan for the agricultural
buffer shall be prepared by a landscape professional having experience with designing
agricultural buffers and shall be subject to the approval of the Community Development
Director. The plant selection shall provide effective and appro screening with fast growing
evergreen trees and shrubs. The vegetative screening shall be installed prior to issuance of any
building permits in order to allow time for the plants to become established. The CC&Rs shall
contain assurances that the screening is uffi ientl maintaine d. At a minimum, the CC&Rs
shall include provisions for a fire -gear monitoring rng lan for the agricultural buffer landscaping.
4. WHEREAS, in order to satisfy Condition No. H C obtained quitclaim deeds
in favor of the City from all property owners having an interest in the portion of East Cherry
Avenue to be improved and dedicated to the City pursuant to the tentative map; and
5. WHEREAS, EAS, the extension of East Cherry Avenue as depicted on Tract 2653
deviates slightly from the description of the dirt roadway described in the quitclaim deeds due to
the curvature of the extension; and
6. WHEREAS, EAS, East Cherry Avenue is adjacent to the agricultural buffer referred t o
In Mitigation Measure No. 2.2; and
7. WHEREAS, EAS, when the City accepts the East Cherry Avenue extension, It will
inadvertently acquire an interest in certain portions of the agricultural buffer due to the alignment
of the extension; and
1
Agenda Item 8.f.
Page 17
8. WHEREAS, the parties intend by this Agreement to remedy all potential
consequences of the City's unintended acquisition of portions of the agricultural buffer.
AGREEMENT
T
NOW, THEREFORE, F E, in consideration of the covenants and promises contained herein,
the parties agree as follows:
1. The City will accept the dedication of the extension of East Cherry Avenue
subject to the following conditions:
(a) Grant f Easement. Subsequent t acceptance f the dedication, the City
will grant t HDC, and HDC will accept, an agricultural buffer installation and maintenance
easement in the sixteen 18 foot strip of land (the "Hiatus Parcel" ) described in Exhibit "A" and
depicted in Exhibit "" attached hereto and incorporated herein by this reference that was a
consequence of the above described alignment.
(b) Maintenance Obligations. The Hiatus Parcel is located within the
agricultural buffer and HCD and its successors shall be responsible for all maintenance
obligations associated with the Hiatus Panel, including, but not limited t, the obligations
imposed by Mitigation Measure 2.2.
(c) Common Area. The Hiatus Parcel shall be characterized as "Common
Area" and HCD and its successors shall abide by all CC& s applicable to common arrears,
including, but not limited to, the maintenance provision requiring the Homeowner's Association
to maintain and repair the agricultural buffer landscaping, including an annual inspection thereof
fora minimum of five years.
2. Binding on Successors in Interest. All provisions of this Agreement shall be
binding on the parties hereto and their heirs, assigns and successors in interest.
3. Attorney's Fees. If any legal proceeding arising out of or related to this
Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to
receive from the other party, in addition to any other relief that may be granted, the reasonable
attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing panty.
SIGNATURES TO FOLLOW I NEXT T PAGE
Agenda Item 8.f.
Page 18
IN WITNESS WHEREOF, the panties hereto have executed this Agreement as of the
dart' and year first written above.
City of Arroyo Grande Huasna Development Company
STEVEN ADAMS, City Manager
ATTEST
KELLY WETMORE, City Clerk
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, City Attorney
Agenda Item 8.f.
Page 19
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.f.
Page 20
INCORPORATED
0
imy to, to I 1 ,
Iq FOR MEMORANDUM
To: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR of COMMUNITY MUI ITY DE ELOPMENT
SUBJECT: CONSIDERATION of DEVELOPMENT T CODE AMENDMENT 11-003;
ADOPTION of ORDINANCE AMENDING REGULATIONS
REGARDING TEMPORARY SIGNS; CITYWIDE
IDE
DATE: JUNE 28 2011
RECOMMENDATION:
It is recommended that the City Council adopt an Ordinance amending portions of
Chapter 16.60 of Title 16 of the Arroyo Grande Municipal Cod regarding temporary
banners and signs.
FINANCIAL IMPACT:
No financial impact is projected.
BACKGROUND:
In .July 2009, at the Council's request, staff presented an analysis and the Council
discussed regulations regarding temporary banners and signs. At the April 12 2011
meeting, City Council considered staffs recommendations and directed staff to draft
an Ordinance for Planning Commission and City Council consideration to implement
the proposed changes. The Architectural Review Committee ARC reviewed the
proposed changes on May 2, 2011 and the Planning Commission reviewed the
proposed changes on May 3, 2011. The City Council reviewed the proposed
changes on May 24, 2011. After considerable discussion, and by a unanimous Grote,
the item was continued so that staff could include the following in the proposed
ordinance:
1. A 90 day grace period for sandwich board signs. This allows businesses with
sandwich board signs to seek revision of their sign program to include a
sandwich board sign with no fee. The grace period is reflected in the recitals
of the proposed ordinance since it simply describes the enforcement strategy
of the new code provision.
2. Criteria under the proposed regulations that sets forth approval of sandwich
boa signs in the sign program, which include:
Agenda Item 8.g.
Page 1
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11 -003
JUNE 2 , 2 11
PAGE 2
. Cannot block doorway, access, or Americans with Disabilities access
. Must be constructed from wood or plastic and have a professional
app earance
. Only one is allowed per business
d. It cannot be located on any public right-of-way
3. Two options for the Ordinance — one that maintains current regulations
regarding hand held signs and one that prohibits them from private property.
4. The Council directed staff to revise Table 16.60.040 -A and bring it back Inter in
the year to clarify permanent sign age requirements.
O ,dune 1, 2011, the City Council introduced the Ordinance incorporating the above
provisions and omitting a section that modified regulations to prohibit all handheld
signs. With the adoption of this Ordinance, handheld signs will continue to be allowed
on private property.
ANALYSIS of ISSUES:
The goals of the recommendations were to establish lish regulations that:
Are more clear;
Balance the need to be "business friendly" with maintaining an attractive
business environment;
Are more feasible to enforce; and then
Enforce them on a more proactive and consistent basis.
The recommendations discussed below are reflected in the Ordinance.
Window Signs
The Ordinance includes the following provisions regarding window signs:
Shall not exceed 20% of window area or twenty -four 2 square -feet,
whichever is less per each street - facing window.
.
Banners
The Ordinance includes the following provisions regarding banners:
Shall not exceed twenty -four 2 square -feet.
Shall be professionally printed on Vinyl or plastic.
Shall be firmly attached to the building, below the roofline.
Shall not be displayed for more than thirty 3 days in any ninety g day
period (this is less than the -day time limit recommended by staff).
Agenda Item 8.g.
Page 2
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11 -003
JUNE 28, 2011
PAGE 3
Pennants Balloons and Ala
The Ordinance includes the following provisions regarding pennants, balloons and
flags:
Shall not contain any tent or other advertising message.
Shall not be displayed for more than three 3 days in any thirty 30 day
period.
Prohibited Tern ora Si ns
The Ordinance includes the following provisions recommended by the Planning
Commission and Architectural Review Committee ARC regarding prohibited
temporary signs:
Inflatable (including 1ylar ) or fan- powered signs.
Sail or wing signs.
Sandwich board signs, unless otherwise permitted under the provisions of
Section 1 . g.g g of this Chapter.
Portable Sicins ("Sandwich Board Sig -991
The Ordinance includes the following additional provisions to be added in Section
16.60.030.G for a portable sign that is approved as part of a sign permit:
0 Cannot block doorway, access, or Americans with Disabilities access
0 Must be constructed from wood or plastic and have a professional appearance
0 Only one is allowed per business
0 It cannot be located on any public right-of-way
0 Portable signs that are proposed for a store or restaurant located in shopping
centers must be located immediately adjacent to that business.
Portable signs are not proposed to be allowed as temporary signage due to the more
permanent nature these signs and their placement. The Ordinance simply continues
to allover these signs as part of the (permanent) sign permit process. Portable signs
are allowed in most commercial areas of the City.
Grace Period for Portable Si ns
The Council directed staff to implement a -day enforcement grace period
applicable for portable signs sandwich board signs.) Since there are many portable
signs that have not been permitted, the grace period allows business owners to
amend their sign permits, with no fees imposed, in order for staff to review proposed
portable sign placement with the new criteria proposed in this Ordinance.
usinessses with portable signs that meet the criteria will be notified of the grace
period. Staff will continue to enforce provisions regarding portable signs that do not
meet the criteria.
Agenda Item 8.g.
Page 3
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT '1'1
JUNE 28,2011
PAGE 4
Public Education and Enforcement
If the Ordinance is adopted, it is proposed that a public education effort initially be
implemented, which would include a letter from the Police Department to v ry
business address. A draft copy o f the proposed lever is attached. The Neighborhood
Services Technician gill patrol the commercial areas on a periodic basis and
maintain a log o temporary signs that have been registered. Business owners will be
contacted and provided a violation letter for banners not removed after 30 days.
They will be requested to correct the violation within 72 hours, an accelerated time
frame for voluntary compliance when compared to other types of code enforcement
violations since there should be little work required to remove a temporary sign. Staff
is also establishing a standardized citation process to pdit and compel
compliance when voluntary means are unsuccessful.
Sign Reg ti n for Temporary Si -q ns
In order to provide businesses an opportunity to comply with the reprised sign
ordinance and clarify current requirements, staff recommends implementing
registration process for temporary banners. This will consist of a web-based
registrar, as well as a registration by phone o in person. Banners and all other
allured temporary signage can be registered so that time periods can be traded or
verified if a complaint is received.
ALTERNATIVES:
ES:
The following altern tiv are provided for City Council consideration:
1. Adopt the Ordinance; or
2. Modify re-introduce the Ordinance; o
3. Do not adopt the Ordinance; or
4. Provide direction to staff.
ADVANTAGES:
The Ordinance will establish a process that allows staff to monitor the display of
temporary signs and clearly define the number, type and duration that temporary
signs may legally be displayed. Stricter sign regulations gill improve the appearance
of the City's commercial areas b y minimizing visual clutter. The grace period
proposed to allow amendments to sign permits to include portable "sandwich board")
signs should allow for an educational opportunity for the reprised sign code, as well as
more consistency in enforcement for these types of signs.
DISADVANTAGES:
The Ordinance will initially require additional staff time to conduct public education
and abate illegal temporary signs, particularly concerning time limits placed on
temporary window signs. Enforcement of the proposed provisions, particularly those
related to time limits for temporary signs, prohibition of sandwich board signs (unless
permitted in accordance with Municipal Code Section 16.60.040) and prohibition of
Agenda Item 8.g.
Page 4
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11 -003
JUNE , 11
PAGE 5
sail or wing signs will likely result in complaints from business o wners. The proposed
provisions only partially reflect the input provided by the Chamber of Commerce,
which may negatively impact the ability to seek voluntary compliance. Additionally,
time limits on window signs will be difficult to enforce.
ENVIRONMENTAL REVIEW:
1IE11 :
In accordance with the California Environmental Quality Act CE Guidelines, staff
has determined that the Ordinance is categorically exe per Section 15308 of the
Guidelines (Actions by Regulatory Agencies for Protection of the Environment).
PUBLIC NOTIFICATION AND COMMENTS:
An Ordinance Summary was published in The Tribune on Tuesday, .June 21, 2011
pursuant to State Laver. The agenda was posted in front of City Hall on Thursday,
J u ne 23, 2011 and on the City's website on Friday, .June 24 , 2011.
Attachment
1 . Proposed business letter
Agenda Item 8.g.
Page 5
ATTACHMENT 1
June 29, 2011
Dear Business Owner:
The Arroyo Grande Police Department is requesting your assistance with the
enforcement of the City's regulations regarding temporary banners and signs.
The City has received numerous complaints regarding illegal temporary business
banners and signs, as well as input from business owners regarding the need for
these signs. As a result, the City has gored hard to be responsive and to
balance these conflicting interests.
To assist those wanting to utilize temporary signs, the City Council has adopted
an Ordinance that increases the flexibility of its sign regulations to better meet
the needs of local businesses{ It both simplifies the regulations and increases
the time businesses may display temporary banners. To be responsive to those
opposing the proliferation of temporary signs, the City has established a more
consistent, fair and effective enforcement process.
The purpose of this letter is to ensure all businesses are familiar with the new
r
regulations. They will take effect on July 29, 2011. Your voluntary compliance
will help provide a more attractive commercial environment, reduce City
enforcement costs, and avoid costly enforcement actions. It will also help you
prevent expenditures on signs that cannot be utilized.
Attached is a summary of the updated regulations. Please note provisions
regarding the registration of temporary banners and a 90-day grace period for
application to allow a sandwich board sign under your sign permit with no fee.
If you have any questions regarding the regulations, please contact the
Community Development i e artment at 473-5420. The City greatly values your
business and wants you to be successful. Therefore, it is attempting to address
these issues through a cooperative and collaborative manner.
Thank you.
Sincerely,
Steven Annibali
Chief of Police
attachment
Agenda Item 8.g.
Page 6
CITY OF
C �4 L I I a it Ap l4
CITY OF ARROYO GRANDE
TEMPORARY SIGN REGULATIONS
Banners
• Each business may display one temporary banner up to days in any 90 day
period.
• Banners may not exceed twenty -four square -feet.
• Banners must be professionally printed on vinyl or plastic.
• Banners must be firmly attached to the building, below the rooffine.
• Banners must be registered with the City prior to installation. To make it a
co nvenient as possible, businesses may register banners in person o by mail at City
Hall - 300 East Branch Street, by phone to City Half at 473 -5450, or by e-mail at
signse,arrovogrande.org Simply provide the following information:
Business name
Contact name, address, phone and e-mail address; and
Date banner will be installed.
Pennants, Balloons and Flays
• Each business may display pennants, balloons and flags up to days in any
day period.
• Pennants, balloons and flags may not contain any text o other advertising.
Hand Held Signs
Hand held signs are allowed on private property only.
Hand held signs may be displayed only on the property of the business being
advertised.
Hand held signs are prohibited on public property.
Sandwich Board Si _qns
0 Businesses may display a maximum of one sandwich board sign on their
property only if approved as part o f the sign permit for the business.
• Sandwich board signs may not block doorways or otherwise interfere with the
Americans with Disabilities Act (A DA) o other access.
• Sandwich board signs must be constructed from wood o plastic and have a
professional appearance.
0 Sandwich board signs may not be located on any public right-of-way.
• Sandwich board signs that are proposed for a store or restaurant located in
shopping centers must be located immediately adjacent to that business.
• The City has instituted a 6-month grace period when businesses may apply t
include sandwich board signs in their sign permit with no permit fee. Existing
sandwich board signs in violation of any of the provisions outlined above will be
enforced during this period.
Prohibited Temporary Signs
• Inflatable (incl Mylar ) oo fan - powered signs
• Sail or wing signs
Agenda Item 8.g.
Page 7
ORDINANCE N.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
PORTIONS OF CHAPTER 16.60 OF TITLE 1 F THE ARROYO
GRANDE MUNICIPAL CODE REGARDING TEMPORARY BANNERS
AND SIGNS
WHEREAS, the purpose of the City's sign regulations is to protect the h r t r, duality
of life, and economic health of the city by maintaining the suitability and appropriateness
of allowed signs in a manner th t benefits the public and minimizing visual clutter; and
WHEREAS, EAS, th City has determined that use of temporary signs are suitable and
appropriate to dv rti business activities under certain limitations and requirements;
and
WHEREAS, EAS, temporary signs are exe mpted from the dmini tr tiv sign permit,
administrative sign program and planned sign program requirements subject to certain
limitations and requirements; and
WHEREAS, EAS, after consideration of all testimony and all relevant vid n , the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed c hanges to Chapter 16.60 will help allow temporary signs that are
limited to those appropriate and suitable to protect the character, quality of life
and economic filth of the City.
B. The proposed changes to Chapter 16.60 will not adversely affect the public
health, safety, and welfare.
C. The proposed changes to Chapter 16.60 are consistent with the purpose and
intent of Title 16, satisfies the intent of Chapter 16.60 of the Municipal Code and
provides for internal consistency.
D. As disclosed in the Negative Declaration, the potential environmental impacts of
the proposed changes to Chapter 16.60 are insignificant.
NIA, THEREFORE, BE IT ORDAINED by the City Council of the City o Arroyo
Grande as follows:
SECTION 1 : The above recitals and findings are true and correct and incorporated
herein this reference.
SECTION : Arroyo Grande Municipal Code Subsection 16.60.050. A. is hereby
repealed and replaced in its entirety as follows:
A. Temporary banners, decorations and searchlights in accordance with the
following provisions.
1 . Banners
Agenda Item 8.g.
Page 8
ORDINANCE 1 .
PAGE
a. Shall not exceed twenty -four 2 square -feet.
b. Shall be professionally printed on vinyl or plastic.
C. Shall be firmly attached to the building, below the roofline.
d. Shall be registered with the Community v l pm nt Department
prior to display.
. Shall not be displayed for m than thirty 3 days in any ninety
(90) day period.
2. Pennants, Balloons and Flags
a. Shall not contain any text o other advertising message.
b. Shall not be displayed for m than three 3 days in any thirty (30)
day period.
3. Searchlights
ar. Shall be directed upwards into the sky and not at any point on land.
b. Shall not be displayed for more than three 3 days in any thirty (30
day period.
Section : Arroyo Grande Municipal Code Subsection 16.60.050. B. is hereby
amended as follows:
B. Permanent window signs provided that all of the following are met:
1. The total area o f such signs does not exceed twenty 2 percent of the
window area.
2. The sign is no greater than twenty -four 2 square -feet.
3. Signage is limited to street-facing windows.
Section : Arroyo Grande Municipal Code Subsection 16.60.060,0. is hereby amended
as follows
0. Saril or gyring signs.
Section : Arroyo Grande Municipal Code Subsection 16.60.030.E i hereby amended
as follows:
E. Accessory Signs. Signs that advertise products sold o services provided on the
premises, such as beer signs o an automated teller machine (ATM) signs, shall
be considered accessory signs and do not count t the permitted signage
listed in Table 16.60.040-A if they are restricted to ten 1 percent o less of the
wall area on which it is placed. Accessory signs between ten 1 and twenty (20
percent of the wall area can be allowed with a recommendation from the
architectural review committee, however areas greater than ten 1 percent shall
be considered toward total permitted sign area. The design, number, location and
size of accessory signs shall be reviewed and ap proved as part of an
administrative sign permit, administrative sign program, or planned sign program
by the architectural review committee if the following findings are made:
Agenda Item 8.g.
Page 9
ORDINANCE No.
PAGE 3
1. The proposed general design, arrangement, texture, colors, and lighting
placement are consistent with the purposes and regulations of this chapter
and any applicable design guidelines; and
2. The appropriateness of the proposed accessory signs are compactible with
other signs and other structures on the premises and contiguous area and
do not exceed twenty percent of the WO ' w eF wall area on which
they are placed.
Section : Arroyo Grande Municipal Code Subsection 16.60.030.G i hereby added as
follows:
G. Portable Signs "Sandwich Board Signs" that are allowed per Section 16.60.040,
Table 16.60.040. A., must meet the following criteria:
1. Portable Signs cannot block doorway, access, or Americans with
Disabilities access.
2. Portable Signs must be constructed from wood or plastic and have a
professional appearance.
3. Only one portable sign is allowed per business.
4. Portable signs cannot be located on any public right -of -way.
5. Portable signs that are proposed for a store or restaurant located in
shopping centers must be located immediately adjacent to that business.
Section : If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence or clause be declared
unconstitutional.
Section : Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption.
Section : A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the furl
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen 1 days after adoption of the Ordinance, the 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 10: This Ordinance shall take effect thirty days from the dame of adoption.
Agenda Item 8.g.
Page 10
ORDINANCE CVO.
PAGE
On motion of Council Member
following roil call Grote to it:
, seconded by Council Member
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this day of July, 2011.
, and on the
Agenda Item 8.g.
Page 11
ORDINANCE N .
PAGE
TONY FER AF A, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
NEY
Agenda Item 8.g.
Page 12
A INCORPORATES
JULY 10, ,ew 1
IF 0 MEMORANDUM
To: CITY COUNCIL.
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION of CONSULTANT SERVICES AGREEMENT WITH
THE WALLACE GROUP
DATE: JUNE 2 , 2 11
RECOMMENDATION:
It is recommended the Council approve and authorize the Mayor to execute n updated
Agreement with the Wallace Group for engineering services.
FINANCIAL. IMPACT:
Funds budgeted for consultant services in the Engineering Division for FY 2011-12
include $88,000. However, additional expenditures may be charged to individual project
budgets for project management tasks. Wallace Group expenditures in FY 2011 -12 are
projected to be approximately $175,000. However, this includes special project work,
including oversight and design work associated with Newsom Springs drainage
improvements, Castillo Del Mar extension design, water recycling study, and project
management of El Camino Real reconstruction, Hest Branch resurfacing, Crown Hill
sidewalks, Elm Street restriping, Tally Ho sidewalks, and other capital projects. Of this
amount, approximately $40,000 was associated with ongoing engineering assistance
unrelated to specific special projects.
BACKGROUND:
The City has an ongoing Agreement with the Wallace Group to provide engineering
services as necessary as requested by the Community Development Director or City
Manager on a retainer basis, The Agreement was last updated in October 2002.
Since the City has limited full -time engineering staff, the Agreement enables the City to
have access to personnel with a wide range of engineering expertise on an as needed
basis. Primary use of the Wallace Group under this Agreement includes the following:
Agenda Item 8.h.
Page 1
cirY COUNCIL
CONSIDERATION OF CONSULTANT SERVICES AGREEMENT WITH THE
WALLACE GROUP
JUNE 28 2011
PAGE 2
Assistance in managing the capital improvement program and individual projects;
Assistance in obtaining and administering State, Federal and regional grants for
capital projects;
Preparation of engineering studies when needed on a timely basis to address
issues involving public o private development projects;
Plan review involving specialized technical issues when workload a ceeds
available staff, when staff is on leave o positions are vacant.
Prepare legal descriptions and sign off on final naps since they have the
necessary land survey credentials.
The City maintains a list of qualified engineering firms and prop are solicited for
any projects that involve larger design o other engineering studies. A separate
A greement is established for any such studies o projects when the Wallace Group is
selected i.e. the Recycled Water Study. For the past fear years, staff has attempted to
utilize a Variety o f engineering firms for available work. Recent major projects, such as
Well #10, West Branch Street reconstruction, and El Camino Real Rehabilitation, n, have
all been designed by different firms other than The Wallace Group. The Wallace Group
staff is not used to manage the selection process o n any contracts that they submit
prop on.
ANALYSIS OF ISSUES
Since the Agreement was last updated, the standard Consultant Services Agreement
has been modified. In addition, the scope of work has been adjusted and contract
administration falls under the Community D evelopment Director rather than the former
Public Works Director. As a result, it is appropriate to update the Agreement at this time
to address these changes.
They have not increased fees since 2008 and are not requesting any adjustment for the
upcoming gear. Staff has compared rates with other engineering firms the City
contracts with and The Wallace Group rates are competitive — either c or
less.
Interest has been expressed in issuing a Request for Proposal ( R FP) for these services
to provide an opportunity for other firms to submit proposals. Unless directed otherwise
by the City Council, staff will prepare to do this in approximately sic months. It would be
detrimental at this time since the Community Development Department currently has
two Vacancies.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staffs recommendations;
Agenda Item 8.h.
Page 2
CITY COUNCIL
CONSIDERATION of CONSULTANT T SER ICES AGREEMENT WITH THE
WALLACE GROUP
,JUNE 28 2011
PAGE
2. Approve the Agreement, but direct staff to not issue an F FP in the next six
months;
3. Direct staff to issue an F FP immediately; or
4. Provide other direction to staff .
ADVANTAGES:
Approval of staff s recommendations will update this Agreement, will continue to provide
availability of a broad range of engineering expertise on a timely basis, and enables the
City to maintain limited engineering staff on a full - time salaried basis. It is cost efficient
for the City because services are readily available, but can be adjusted based upon
workload at any given time.
DISADVANTAGES:
No disadvantages regarding the presentation have been identified.
ENVIRONMENTAL RE 1IE 11:
No environmental revie w is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted in front of City Hall on Thursday, June 23 2011 and on the
City's website on Friday, June 24 2011.
Attachments:
1. Consultant Services Agreement
Agenda Item 8.h.
Page 3
AGREEMENT T FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of
Wallace Group "Consultant ", and the CITY of ARROYO
Corporation ("City"). In consideration of the mutual covenants
herein, the parties agree as follows.
1. TERM
2011, between The
GRANDE, a Municipal
and conditions set forth
This Agreement shall commence on , 2011 and shall remain
and continue in effect until , 2011, unless sooner te pursuant to
the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and comply with all terms and
provisions set forth in Exhibit " ", attached hereto and incorporated herein by this
reference.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his /her
ability, experience and talent, perform all tasks described herein. Consultant shall
employ, at a minimum generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. AGREEMENT ADMINISTRATION
City's Community Development Director shall represent City in all matters
pertaining to the administration of this Agreement. John Wallace and Jill Peterson shall
represent Consultant in all matters pertaining to the administration of this Agreement.
5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and
terms set forth in Exhibit "E ", attached hereto and incorporated herein by this reference.
6. SUSPENSION OR TERMINATION of AGREEMENT WITHOUT CAUSE
(a) The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by searing upon the Consultant at
least ten 10 days prior written notice. lion receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
Page 1
Agenda Item 8.h.
Page 4
(b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section the Consultant will submit an invoice to the
City pursuant to Section 5.
7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the
following events:
( a) Bankruptcy or insolvency of any party;
( b) Sale of Consultant's business; or
( c) Assignment of this Agreement by Consultant without the consent of City.
( d) End of the Agreement term specified In Section 1.
8. DEFAULT OF CONSULTANT
(a) The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the
terms of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date o f default and can terminate this
Agreement immediately by wri ten notice to the Consultant. if such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control and without fault or negligence of the Consultant, it
shall not be considered a default.
( b) If the City Manager or his /her delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he /she
shall cause to be seared upon the Consultant a written notice of the default. The
Consultant shall have ten (1 0) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
falls to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at lair, in equity or under this Agreement.
gf LAWS TO BE OBSERVED. Consultant shall;
( a) Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the dine and la wful prosecution of the
services to be performed by Consultant under this Agreement;
(b) Deep itself fully informed of all existing and proposed federal, state and
local lags, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this Agreement, any materials used in Consultant's
Page
Agenda Item 8.h.
Page 5
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
discrepancy or inconsistency it discovers it
and decrees mentioned above in relation
provisions of this Agreement.
City's Contract Manager in writing any
said laws, ord inances, regulations, orders,
to any plans, drawings, specifications, or
(e) The City, and its officers, agents and employees, shall not be liable at law
or in equity occasioned by failure of the Consultant to comply with this Section.
10. OWNERSHIP of DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by City that relate
to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of City or its designees at reasonable
times to such boobs and records; shall give City the right to examine and audit said
boobs and records; shall permit City to male transcripts therefrom as necessary; and
shall allow inspection of all wort # data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three years after receipt of final payment.
( b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surreys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall male available to the City,
at the Consultant's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION FOR PROFESSIONAL AL LIABILITY. To the fullest extent
permitted by law, Consultant shall indemnify, protect, defend and hold harmless City
and any and all of its officials., employees and agents "Indemnified Parties" from and
against any and all losses, liabilities, damages, costs and expenses, including attorney's
fees and costs which arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of the Consultant.
Page
Agenda Item 8.h.
Page 6
12. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit "C" attached hereto and
incorporated herein as though set forth in full.
13. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly
independent Consultant. The personnel performing the services under this Agreement
on behalf of Consultant shall at all times he under Consultant's exclusive direction and
control. Neither City nor any of its officers, employees, or agents shall have control over
the conduct of Consultant or any of Consultant's officers, employees, or agents, except
as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatever against City, or bind City in any manner.
( b) No employee benefits shall he available to Consultant in connection with
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not he liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is
used against or in concert with any officer or employee of the City of Arroyo Grande in
connection with the award, terms or implementation of this Agreement, including any
method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the City of Arroyo Grande will receive compensation, directly or
indirectly, from Consultant, or from any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to he conducted as a result of
this Agreement. Violation of this Section shall he a material breach of this Agreement
entitling the City to any and all remedies at law or in equity.
15. 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 the project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub - agreement, or the proceeds thereof, for work to he performed
in connection with the project performed under this Agreement.
Page
Agenda Item 8.h.
Page 7
1 . RELEASE OF INFORMATION/CON of INTEREST
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents, or subcontractors,
shall net without written authorization from the City Manager or unless requested by the
City Attorney, voluntarily provide declarations, lefters of support, testimony at
depositions, response to interrogatories, or ether 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's
provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers,
employees, agents, or subContracters be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder or with respect to
any project or property located within the City. City retains the right, but has no
obligation, to represent Consultant and/or be present at any deposition, hearing, or
similar proceeding. Consultant agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Consultant.
However, City's right to revie w any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
1. NOTICES
Any notice which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by l personal service, it
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 Mail, certified mail, postage prepaid, return receipt requested,
addressed to the address of the party as set forth belo w or at any other address as that
party may later designate by notice:
To City: City of Arroyo Grande
Teresa McClish
Community Development Director
300 E. Branch Street
Arroyo Grande, CA 93420
To Consultant. John Wallace
The Wallace Group
12 Clarion Court
San Luis Obispo, CA 93401
Page
Agenda Item 8.h.
Page 8
1. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, without the prior written consent of the City.
19. GOVERNING NING LAVA
The City and Consultant understand and agree that the laws o f the State of
California shall govern the rights,, obligations,, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the superior or federal district court with
jurisdiction over the City of Arroyo Grande.
20. ENTIRE AGREEMENT
irhis 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, o r written, are merged
into this Agreement and shall he of no further force or effect. Each party is entering into
this Agreement based solely upon the representations set forth herein and upon each
party's own independent investigation of any and all facts such party deems material.
21. TIME
City and Consultant agree that time is o the essence in this Agreement.
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 he
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 he in writing and shall he made only with
the mutual written consent of all of the parties to this Agreement.
Page
Agenda Item 8.h.
Page 9
2 . AUTHORITY TO EXECUTE THIS AGREEMENT
EEMENT
The person o persons executing this Agreement on behalf of Consultant
warrants and represents that he /she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
its obligations hereunder.
IN WITNESS WHEREOF, F, the parties hereto have caused this Agreement to be
executed the day and year first a written.
CITY OF ARROYO A DE CONSULTANT
I M302
Tony Ferrara, May
Attest:
Its:
Kelly Wetmore, City Clerk
Approved A s To Form:
Timothy J. Carmel, City Attorney
Page
(Title)
Agenda Item 8.h.
Page 10
EXHIBIT A
SCOPE OF WORK
Consultant's services shall include engineering services as requested and authorized by
the City's representative, including, but not limited to, the following
1. Management of capital improvement projects;
2. Preparation o f applications for.. and administration of, State, Federal and regional
grants for capital projects;
3. Engineering studies on City and private development project issues;
4. Engineering plan review;
5. Preparation o f design, plans and evaluation o projects;
6. Preparation of legal descriptions and sign off on final maps; and
7. Other engineering services as requested by City and mutually agreeable to both
parties.
Page 8
Agenda Item 8.h.
Page 11
CVUIDIT D
PAYMENT SCHEDULE
Consultant shall invoice City on a monthly basis for work performed based upon the
following rates:
Personnel Hourly Compensation:
0 Principal $100.00
• Principal Civil Engineer /Director of Planning /Director o f Survey $80-00 - $90-00
0 Civil Engineer /Senior Civil Engineer $
$70.00 - $85-00
Direct Expenses:
Reimbursement ement f direct expenses incurred in connection with the project scope of work
will be invoiced to the City. A handling charge o f 10% may be added to the direct
expenses listed below. Direct expenses include, but are not limited to, the following:
• Travel expenses (aut m bile l dging meals)
• Professional subconsultants
• County /City fees
0 Document copies
• Long distance teleph ne fa
0 Postage /delivery service
Special materials
Blueprints
Photographs
Page
Agenda Item 8.h.
Page 12
FXHIRIT
INSURANCE REQUIREMENTS
Prior to the beginning or and throughout the duration or the fork, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coy er ge to comply with these requirements. If that existing cover-age
does not meet the requirements set forth Mere, Consultant agrees to amend,
supplement or endorse the existing coverage to do so. Consultant acknowledges that
the insurance coverage ge and policy limits set forth in this section constitute the minimum
amount or coverage required. Any insurance proceeds available to City in excess or the
limits and coverage re quired in this agreement and which is applicable to a given loss,
will be available to City.
Consultant shag provide the following types and amounts or insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy from CG gg 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
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non- owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than 1,000,000 per accident or
disease.
Excess or Umbrella Liability insurance (O 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 "pair 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
Page 10
Agenda Item 8.h.
Page 13
Consultant, subcontractors or others involved in the work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to revie w but in no event less than $1,000,000 per
occurre
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designated to protect against acts, errors or
omissions of the Consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be wrf en by insurer that are
admiffed car iers in the state California and with an A. M. Bests rating of A- or be er and
a minimum rinancial size V11.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials
employees and agents, using standard ISO endorsement N o. CG 2010 Frith an edition
prior to 1332. Consultant also agrees to require all Consultants, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all Consultants
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the appka i n 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 Consultant o subcontractor.
Page 11
Agenda Item 8.h.
Page 14
6 . All coverage types and limits required are subject to approval, modification
and additional requirements b y the City, as the need arises. Consultant shall not male
any reductions in scope of coverage e.g. elimination of contractual liability or reduction
of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the 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 und this or any other agreement
and to pay the premium. Any premium s o paid by City shall be charged to and promptly
paid by Consultant or deducted from Burns due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to
City of any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail w ritten notice of cancellation imposes no obligation, or that any party will
99 endeavor" ( 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 b y Consultant or any subContractor, is intended to
apply fiat and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party
involved with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and revie w all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self - insure or to use any self - insured retentions
or deductibles on any portion of the insurance required herein and further agrees that it
will not allow any Consultant, subcontractor, Architect, Engineer or other entity or
person in any way involved in the performance of work on the project contemplated by
this agreement to self - insure its obligations to City. If Consultant's existing coverage
includes a deductible or self - insured retention, the deductible or self - insured retention
must be declared to the City. At the time the City shall revie w options with the
Consultant, which may include reduction or elimination of the deductible or self - insured
retention, substitution of other coverage, or other solutions.
Page 12
Agenda Item 8.h.
Page 15
12. The City reserves the right at any time during the terra of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increase benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on
the part of City to inform Consultant of non - compliance with any insurance requirements
in no gray imposes any additional obligations on City nor does it waive any rights
hereunder in this or any ether regard.
18. Consultant 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.
16. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been reneged or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall he s ubmitted prior to expiration. A coverage binder or letter from
Consultant'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 fire days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such lavers with respect to City, its
employees, officials and agents.
18. Requirements uirements 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.
19. 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.
Page 13
Agenda Item 8.h.
Page 16
2. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City o
Consultant for the cast of additional insurance coverage required by this agreement.
Any such provisions are to be deleted with reference to City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There shall
be no recourse against City for payment of premiums or other amounts with respect
thereto.
22. Consultant agrees to provide immediate notice to City of any claim or Ions
against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim o claims if they are likely to involve City.
Page 1
Agenda Item 8.h.
Page 17
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.h.
Page 18
R
IN ORPORATm
rn
JULY 1 0 1 1 011 MEMORANDUM
440
T* CITY COUNCIL
FROM: TIMOTHY J. CARMEL_, CITY ATTORNE
SUBJECT: CONSIDERATION OF CITY MANAGER EMPLOYMENT AGREEMENT
DATE: JUNE 28 2011
RECOMMENDATION:
It is recommended the City Council approve a new City Manager Employment
Ag reement.
FINANCIAL IMPACT:
The savings of adjustments to all employees is estimated to be appro
$4 10,000. This is based upon the % Cost of Living Adjustment already incorporated
into the budget projections.
B ACKGROUND:
The City Manager's Employment Ag reement was last ame nded in Novem 200
when the last compensation adjustment was applied. The City Manager has requested
the same compensation concessions proposed to other City employees also be applied
to his position.
ANALYSIS O ISSUES:
The City is facing a budget shortfall of approximately 0,000 for FY 2011 At the
last budget workshop, the City Council approved addressing approximately $350,000
through reserves and the remainder from employee concessions under negotiation with
the City's unions. These negotiations are nearing completion.
The following changes are proposed to the City tanager's compensation which will
result in a net savings and implement important reforms in the City's retirement benefit
system 4.
Agenda Item 8.i.
Page 1
CITY COUNCIL
CITY MANAGER EMPLOYMENT AGREEMENT
JUNE 28 2011
PAGE
% Cost of Luring Adjustment (COLA);
Payment of an additional 4 .5% o f the % employee share o f PEES costs for a total
o f %;
Non -paid furlough days on December 27 28 and 29 th .
ALTERNATIVES:
ES:
The following alternative are provided for the Council's consideration:
Approve amended Employment Agreement;
- Modify as appropriate and approve Employment Agreement;
Do not approve the Employment Agreement;
-
Provide direction t staff.
ADVANTAGES:
Approval of the proposed compensation changes will result in important cost savings,
which will help reduce the need for further layoffs and reduction in s ervice levels. The
City Manager has expressed the importance of leading by example in order t o
demonstrate a commitment to a team approach in resolving the budget shortfall.
DISADVANTAGES:
Adjustments place the City Manager's compensation level further behind the market
range in comparison to other cities in the County.
ENVIRONMENTAL REVIEW:
IE1 :
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, .dune 23, 2011 and on the
City's web site on Friday, ,dune 24, 2011. No comments were received -
Aftachments:
-
Employment Agreement
Agenda Item 8.i.
Page 2
EMPLOYMENT YMES T A FLEET TES T
THIS AGREEMENT, EEMENT, made and entered into this 29th day of June, 2011, by and
bet ween the CITY OF ARROYO FADE, a municipal corporation of the State of
California (the "City"), and STEVEN DUAL E ADAMS, an individual (the "Employee"),
both of whom understand as follows:
WITS ESSETH;
WHEREAS, City desires to continue to employ the s ervices o f Employee as the City
Manager provided by State law and the Arroyo Grande Municipal Code; and
WHEREAS, it is the desire o f City to establish certain conditions of employment and to
set working conditions of Employee; and
WHEREAS, EAS, it is the desire o f City to ar secure and retain Employee and to provide
inducement for hirer to remain in such employment; b to make possible full work
productivity by assuring Employee's morale and peace of mind with respect to future
security; c to act as a deterrent against malfeasance or dishonesty for personal gain
on the pant of Employee; d to provide a just means for terminating Employee's
services at such time as he may be unable to fully discharge his duties or when City
may desire to therwi e terminate his employment; and
WHEREAS, Employee desires to continue employment as City Manager of City; and
WHEREAS, this Agreement shall supersede and replace the previous Employment
Agreement between the par dated November 27, 2007.
NOW, THEREFORE, F E, in consideration of the mutual covenants herein contained, the
panties agree as follows:
r-finn '1- Term_
A. City hereby agrees to continue to employ Employee as City Manager for an
indefinite te .
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Employee to resign at any time from his position with City, subject only to the
provision set forth in Section 5, Paragraph A., of this Agreement.
Agenda Item 8.i.
Page 3
EMPLOYMENT AGREEMENT — STEVEN D. ADAMS
PAGE
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of the City Council to terminate the services of Employee at any time, with or
without good cause, subject only to the provisions set forth in Section 5,
Paragraphs B. and C., of this Agreement.
D. Except as otherwise specified herein, Employee agrees to remain in the
exclusive employment of City and not become mploy d by any other employer
until a termination date is effected as hereinafter provided.
Section * Duties
City hereby agrees to employ Employee as City Manager to perform the functions and
duties specified in the Arroyo Grande Municipal Code and as provided by State and
Federal lave and to perform other legally permissible and proper duties and functions as
the City Council shall from time to time assign.
Section : Salary
City agrees to pay Employee for his services rendered pursuant hereto a annual base
salary of $142,058, payable in equal installments at the same time as other employees
of City are paid.
Section 4: Furloughs..
The following days shall be non -paid furlough days for e mployee:
A. December 2 , 2011
B. December 2 , 2011
C. December 29, 2011
Employee is not eligible to use sick, vacation, compensatory time pay, personal days,
b jury duty or other paid leave during these days.
City agrees to increase the base salary and/or other benefits of Employee in such
amounts and to such extent as the City Council may determine that it is desirable to do
c on the basis of annual performance evaluation which shall occur no later than the
end of O ctob e r of each year.
- rhe performance evaluation shall be in accord with specific criteria developed
jointly by the City Council and Employee. Such criteria may be added to or deleted a s
the City Council may from time to time determine in consultation with Employee.
Agenda Item 8.i.
Page 4
EMPLOYMENT A FEE IE IT — STEVEN . ADAMS
PAGE
Section 6, F e ianati n and Termination
A. In the event Employee voluntarily resigns his position with City, Employee shall
give City forty-five days written notice in advance, unless the parties
otherwise agree. Should Employee fail to give such period of notice, then
Employee shall pay to City as liquidated damages the sum o $40 per wo rking
day for the difference between the number of actual days o prior notice and
forty -five days.
B. In the event Employee is terminated by the City Council during such time that
Employee is willing and able to perform his duties under this Agreement, then, in
that event, City agrees to pay Employee a lump sum cash payment equal to six
(6) months salary and benefits (limited to the following: PES, Medical, Dental,
and Vision). In the event Employee is terminated for good cause, then City shall
have no obligation to pay the sum designated in this paragraph. For the purpose
of this Agreement, "good cause" shall include, but not necessarily be limited t,
any of the following:
(1) A material breach of the terms of this Agreement;
(2) Misfeasance;
(3) Malfeasance;
(4) A failure to perform his duties in a professional and responsible manner
consistent with generally accepted standards of the profession;
(5) Conduct unbecoming the position of City Manager or likely to bring
discredit or embarrassment to City.
"Good cause" shall not mean a mere loss of support or confidence by a majority of the
Council.
C. In the event City at any time during this Agreement reduces the salary or other
financial benefits of Employee in a greater percentage than an applicable across-
the-board reduction for all employees of City, or in the event City refuses,
following written notice, to comply with any other provision benefiting Employee
herein, o Employee resigns following a formal suggestion by the City Council
that he resign, then, in that event, Employee may, at his option, be deemed to be
Agenda Item 8.i.
Page 5
EMPLOYMENT AGREEMENT — STEVEN D. ADAMS
PAGE
"terminated" at the dame of such reduction or such refusal to comply, within the
meaning and context of Paragraph B. above.
Section . outside Professional Activities
Employee, with prior written approval of the City Council, may undertake outside
professional activities for c ompensation, including consulting teaching, spearing, and
writing provided such activities do not interfere with Employee's normal duties and are
not done with any existing vendors or contractors of City. Under no circumstances shall
such outside activities c reate a conflict of interest with the duties of Employee and the
interests of City.
Section : suspension
City may suspend Employee with full pay and benefits at any time during the term of
this Agreement.
Section : Fringe Benefits
City shall pay the Employee's cost for fringe benefits, including cost for dependents
where applicable. Fringe benefits shall include, but not be limited to median, dental,
vision, life insurance, long -term disability, deferred compensation, and participation in
the Public Employees Retirement System PERS . Employee shall pay seven of the
eight percent of the employee shame of PERS costs.
ar -firm in- Anniini 1 a ura
Employee shall be subject to the "Annual Leave" provisions of the City Personnel
Regulations (Section I1.A. 1. ) with the following modifications:
Employee shall accumulate Annual Leave at ar rate as designated in Section II.A.l .ar. .
of the City Personnel Regulations.
Section 11: Automobile
Employee shall provide his own automobile. City shall provide Employee a $400
monthly automobile allowance. Employee shall receive no reimbursement for travel
mileage within a fifty o mile radius of City; for any required City travel mileage outside
the fifty o mile radius, Employee shall be reimbursed for mileage at the rate as set
forth by the City Council.
Section 12: Phvsical Examination
Employee may receive an annual physical examination at City's expense.
Agenda Item 8.i.
Page 6
EMPLOYMENT AG EEMENT — STEVEN D. ADAMS
PAGE
Section 1: Otter Terms and Conditions of Employment
City, in consultation with Employee, shall fix, in writing, any such other terms and
conditions of employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with
o in conflict with the provisions o f this Agreement, the Arroyo Grande Municipal Code,
o r any appli State o r Federal law.
_q&o%finn 4A-
Notices pursuant to this Agreement shall be given by deposit in the custody of the
United States Postal Services, postage prepaid, addressed as follows:
EMPLOYER: City o Arroyo Gra nde
Attn: City Clerk
300 E. Branch Street
Arroyo Grande, CA 93420
EMPLOYEE: Ste v n D. Adams
1 537 Chilton Street
Arroyo Grande, CA 93420
Alternatively, notices required pursuant to this Agreement may be personally served in
the same manner as is applicable to civil judicial practice. Notice shall be deemed
given as f the date o personal service or as f the date of deposit of such written
notice in the course o f transmission in the United Starter Postal Service.
The tent herein shall constitute the entire agreement between the parties. Any
amendments to this Agreement must be in writing and executed by both parties.
This Agreement shall be binding upon and inure to the benefit o f the heirs at law and
executors o f Employee.
This Agreement shall become effective commencing June 29, 2011. If any provision,
o any portion thereof, contained in this Agreement is held unconstitutional, invalid, o
unenforceable, the remainder o f this Agreement, o portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
Agenda Item 8.1i.
Page 7
EMPLOYMENT AGREEMENT — STEVEN D. ADAMS
PAGE
IN WITNESS WHEREOF, F, the City o Arroyo Grande has caused this Agreement to be
signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and
Employee has signed and executed this Agreement, both in duplicate, the day and year
first above written.
EMPLOYEE:
B:
ATTEST:
KELLY 1ET 1 E
CITE' CLERK
APPROVED AS TO FORM:
CARMEL & NACCASHA, LLP
B:
TIMOTHY J. CARMEL
CITY ATTORNEY
STEVEN D. ADAMS
EMPLOYER:
CITY OF ARROYO GRANDE
TONY FERRARA, MAYOR
Agenda Item 8.i.
Page 8
RO
INCORPORATED
JULY ,°. 1911 ' MEMORANDUM
4 1-IFo
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF SALARY AND BENEFIT ADJUSTMENTS FOR
MANAGEMENT EMPLOYEES
DATE: JUNE 28 2011
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution modifying salary and
benefits for management employees for FY 2011 -12.
FINANCIAL IMPACT:
The savings of adjustments to all employees is estimated to be approximatel
$410,000. This is based upon the and 4.5% Cost of Living Adjustment already
incorporated into the budget projections.
BACKGROUND:
Management compensation is reviewed on an annual basis and adjustments are
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 h 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 Drell- qualified personnel
for all job classes;
• Ensure that the City's compensation practices are competitive with those of
comparable employers;
Provide defensibility to City salary ranges based on the pay practices of similar
employers; and
Ensure pay consistency and equity among related classes based on the duties
and responsibilities assumed.
Agenda Item 8.j.
Page 1
CITY COUNCIL
MANAGEMENT SALARY AND BENEFIT ADJUSTMENTS
JUNE 2 , 2011
PAGE 2
At the March 24, 2011 Budget Workshop, the City Council approved strategies to
address the projected budget shortfall. Strategies included a combination of use of
reserves and employee concessions.
ANALYSIS of ISSUES
+Che most significant portion of the budget shortfall is associated with an increase in City
employee pension costs. in order to address future, as well as current budget shortfall
issues, reform of City retirement benefit costs was aw primary goal of negotiations with
employee unions. Since concessions are a primary strategy in addressing the existing
budget shortfall, it was also a priority to establish them so they impacted employee
groups fairly and equitably throughout the organization.
The following key changes are proposed to management compensation, which will
result in a net savings to the City and reform of the retirement benefit system:
4 .5% Cost of Living Adjustment (COLA) for full -tire s worn public safety
management employees and % COLA for all other full -time management
employees.
Full -time public safety s worn management employees will pay an additional 6.5%
of CaIPERS retirement benefit costs and all other management employees will pair
an additional 4.5%.
• A two- tiered CalPE S retirement system will be implemented so all non -s worn
management newly hired employees will be in the 2% @ 55 plan with three -year
average highest compensation. A to- tiered system for sworn employees is still
under negotiation with the Police Officers' Association.
All full -time management employees other than full -time public safety s worn will
have non -paid furlough days on December 27 th9 28 , and 29 2011,
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
Adopt resolution approving the proposed salary and benefit adjustments;
Modify as appropriate and adopt the resolution;
Do not adopt the resolution;
Provide direction to staff.
ADVANTAGES:
Approval of the proposed compensation changes will result in important cost savings,
which will help reduce the need for further layoffs and reduction in service levels.
Involvement of the management group in these changes also helps make possible
Agenda Item 8.j.
Page 2
CITY COUNCIL
MANAGEMENT SALARY AND BENEFIT ADJUSTMENTS
JUNE 289 2011
PAGE
agreement with other labor groups for similar adjustments, which generate additional
savings to the City.
DISADVANTAGES:
Adjustments may negatively impact employee relations. However, based on
discussions with staff and the fact that all labor groups are impacted equally,
management staff have been generally accepting of the recommendations.
ENVIRONMENTAL REVIEW:
IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
MENTS:
The Agenda was posted in front of City Hall on Thursday, June 23, 2011 and on the
City's website on Friday, June 24,2011. No comments were received.
Agenda Item 8.j.
Page 3
RESOLUTION NO.
A RESOLUTION of THE CITY COUNCIL of THE CITY of
ARROYO GRANDE MODIFYING COMPENSATION FOR
MANAGEMENT EMPLOYEES FOR FY 2011 -12
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. All full -time sworn public safety management classifications shall receive a salary
Cost of Living Adjustment (COLA) of 4.5% and all other full -tune management
classifications shall receive a salary COLA of 4% to be effective for the pay period
beginning June 24, 2011. salary ranges for management classifications shall be
adjusted as designated in Exhibit "A" attached hereto and incorporated herein by
this reference.
2. For the period of July 1, 2011 through December 31, 2011, the flex dollar allowance
for medical, dental, and vision insurance shall be $588.78 with respect to an
employee enrolled for self alone, $1,081.62 for an employee enrolled for self and
one family member, and $1,385.80 for any employee enrolled for self and two or
more family members. For the period of January 1, 2012 through June 30, 2012,
the City will pay the prior flex dollar amount plus 100 of the increased cost in
dental and vision insurance and the lowest cost HMO available through PERS in
San Luis Obispo County.
3. The following days shall be non -paid furlough days for al) management employees,
except for specified public safety classifications:
a. December 2, 2011
b. December 28, 2011
C. December 29, 2011
Exempted classifications include the following:
a. Chief of Police
b. Police Commander
Agenda Item 8.j.
Page 4
RESOLUTION NO.
PAGE 2
4. Employees are not eligible to use sick, vacation, compensatory time pay, personal
days, bereavement, jury duty or other paid leave during these days. Employees in
positions performing functions determined necessary during this period as
authorized by the City Manager shall work their normal shift and instead tale three
(3) consecutive non -paid furlough days between July 1, 2011 and dune 30, 2012.
5. Employees in full -time sworn public safety management classifications hired after
October 1, 2011 shall be enrolled in the Cal PERS 3% a@ 55 retirement benefit plan,
3 -gear average highest compensation, contingent upon execution of this change
with the Arroyo Grande Police Officers Association. Employees in all other full -time
management classifications hired after October 1, 2011 shall be enrolled in the
CaIPEI S 2% a@ 55 retirement benefit plan, 3 -gear average highest compensation,
and shall pay the full % employee share.
6. Employees in full -time sworn public safety management classifications shall pay the
full nine percent employee share of CalPERS retirement benefit costs effective July
22, 2011, contingent upon execution of this change with the Arroyo Grande Police
Officers' Association. All other management classifications shall pay seven of the
eight percent employee share of Cal PERS retirement benefit costs effective the pay
period beginning July 22, 2011.
7. All other current management employee salary and benefit terms and conditions
shall remain in full force and effect.
On motion of Council Member seconded by Council Member
and on the following roll call vote, to grit:
AIDES:
NOES:
ABSENT:
the foregoing Resolution was passel and adopted this day of , 2011.
Agenda Item 8.j.
Page 5
RESOLUTION N.
PAGE
TONY FERRARA, MAYOR
ATTEST:
KELLY I ET I RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J, CARMEL, CITY ATTORNEY
Agenda Item 8.j.
Page 6
EXHIBIT ""
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 06-24-11
Position
Office Assistant I
Office Assistant 11
Agenda Item 8.j.
Page 7
4.0%
4.0%
4.0%
Range
LOW
MI
HIGH
M-10
Old
2
21652
21924
New
21503
2
31041
M -11
Old
2,46,E
2,717
2,997
New
2
2,826
3,117
M-12
Old
2,527
2,788
3,074
New
21628
2
3
M-13
Old
21590
2,858
3,150
New
21694
2
3
M -14
Old
2,655
21927
3,229
New
2,761
3,044
3,358
M-15
Old
2
31000
3131
New
2,830
37120
3,442
M-16
Old
21790
3
31390
New
21902
31200
3,526
M -17
Old
2,860
3,154
3,478
New
2
3,280
3,617
M -18
Old
2,930
3,232
3
New
3
3,361
3,708
M-19
Old
3,003
3,313
3
New
3,123
31446
3799
M-20
Old
31080
3,396
3,744
New
3
3,532
3,894
M-21
Old
3
3,481
31838
New
3,283
3,620
3
M-22
ld
3
3
3,933
New
3,365
3,711
4 09O
M-23
Old
3,317
31656
4,033
New
3
3,802
41194
Position
Office Assistant I
Office Assistant 11
Agenda Item 8.j.
Page 7
E LIIBIT" "
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 06-24-11
Position
Administrative Secretary
Executive Secretary
Executive Secretary/ Deputy City Clerk
Assistant Planner
Agenda Item 8.j.
Page 8
Lange
LOW
MID
HIGH
M -24
Old
3
3,748
41132
New
3,535
3
4
M -25
Old
31484
3,842
4,237
New
3,623
31996
4
M -26
Old
3,571
3,938
4,342
New
3,714
4
4,516
M-27
Old
3,659
4
41452
New
31805
41197
4
M -28
Old
31752
4
41562
New
3,902
4,302
4
M-29
Old
3
4,241
4,676
New
3,999
4,411
4
M-30
Old
3
4,346
4,793
New
4,099
4,520
4
M -31
Old
41040
4,456
41913
New
41202
4
5111
M-32
Old
4,142
41568
5,034
New
4,308
4,751
5,235
M-33
Old
4,245
4,680
51162
New
4
4,867
5,368
M-34
Old
4
4,797
5
New
4,525
41989
5,503
1 -35
Old
4
4,918
51421
New
4,638
5
5
M -36
Old
4
5
51558
New
4,755
5
5,780
Position
Administrative Secretary
Executive Secretary
Executive Secretary/ Deputy City Clerk
Assistant Planner
Agenda Item 8.j.
Page 8
EXHIBIT " A "
CITY OF ARROYO GRANDE
Management Salary Ranges
Salary Range a Adjustments 06 -24 -11
Position
Associate Planner
Accounting Supervisor
IT Technician
Planning Manager
Information Te 1 n I gy Manager
Building Official
Human Resources Manager
Legislative & Information Services Director
Agenda Item 8.j.
Page 9
4.0%
4.0%
4.0%
- Range
LOW
MID
HIGH
M-37
Old
4,685
5J67
5,697
New
4,872
5
51925
M-38
Old
4,802
5
5,839
New
4,994
5
6,073
M-39
Old
41922
5
51984
New
5,119
5,644
61223
M-40
Old
51046
5,565
61135
New
51248
51788
6,380
M-41
Old
5
5,702
61288
New
5
5,930
61540
M-42
Old
51300
5,845
6,446
New
5,512
6,079
6,704
M-43
Old
5,434
5,993
6
New
5,651
61233
6,871
M-44
Old
5,569
6,142
6,772
New
5,792
61388
7,043
M-45
I
5,707
6,295
6
New
5,935
6,547
71220
M-46
Old
5,851
6
7J14
New
61085
6,711
7,399
M-47
Old
51999
61615
7,293
New
6,239
6
7
M-48
Old
61147
6,779
7
New
6,393
7
7
M-49
Old
61301
6
7,661
New
61553
7
7,967
M-50
Old
61459
71122
7,853
New
6
7,407
8
Position
Associate Planner
Accounting Supervisor
IT Technician
Planning Manager
Information Te 1 n I gy Manager
Building Official
Human Resources Manager
Legislative & Information Services Director
Agenda Item 8.j.
Page 9
EXHIBIT FI 11
CITY O F ARROYO GRANDE
Management Salary Ranges
Salary Range Adjustments 06-24-11
Positi
Assistant City Engineer
Police Commander
Recreation and Maintenance a Svcs Director
Adrr nistrative Services Director
C.D. Director
Agenda Item 8.j.
Page 10
4.0
4.0
4.0
lean e
LO
MID
HIGH
M -51
Old
6
7,300
8
New
6,886
7
8,372
M-52
Old
6,786
7,484
8,252
New
7,057
7,783
8,582
M-53
Old
6
7,669
8,457
New
7,�4
7,976
8 1 795
M -54
Old
7,129
7,862
8,668
New
7,414
8,176
9
M-55
Old
7,308
8,058
8,885
New
7,600
8,380
9 1 240
M-55-A
Old
7
8,058
8,885
New
7,637
8,421
9,285
M-56
Old
7,491
8,259
9,10
New
7
8,589
9,473
M-57
Old
7,676
8,465
9,335
New
7,383
8,804
9,708
M-58
Old
7,870
8
9,568
New
8,185
9,025
9,951
M-59
Old
8,065
8,835
9
New
8,388
9,251
1 ,2 1
M-60
Old
8
9,117
10,055
N
8
9,482
10,457
M -61
Old
8
9
10,305
New
8
9
10, 717
M -62
Old
8,685
9 579
10,562
New
9,032
9,362
10,984
M - 63
Old
8,903
9
10,825
New
9,259
10,211
11,258
Positi
Assistant City Engineer
Police Commander
Recreation and Maintenance a Svcs Director
Adrr nistrative Services Director
C.D. Director
Agenda Item 8.j.
Page 10
EXHIBIT "A"
CITY OF ARROYO GRANDE
Management Salary Ranges
SaYary Range Adjustments 06-24-11
Agenda Item 8.j.
Page 11
4. '%
4.0"/6
4.0%
Ran Le
L OW
MID
HIGH Position
4 -4
Old
9,125
10,064
11,097
New
9,490
10,467
11,541
M-64-A
Old
91125
10,064
11,097 Police Chief
New
91536
10,517
11,596
M-65
Old
91355
10,314
11,373
New
9,729
10,727
11,828
M-66
Old
91587
10,573
11,658
New
9,970
10
12,124
M -7
Old
9,827
10,837
11,951
New
10,220
11,270
12,429
M-68
Old
10,074
11,18
12,249
New
10,477
11,552
12,739
M-69
Old
10,325
11,386
12,556
New
10,738
11,841
13,058
M-70
Old
10,583
11,668
12,869
New
11,006
12,135
13,384
M-71
Old
10,849
11,963
13,191
New
11,283
12,442
13,719
M-72
Old
11,120
12,261
13,521
New
11,565
12,751
14,062
M-73
Old
11,398
12,569
13,858
New
11,854
13,072
14,412
M -4
Old
11
12,882
14,204
New
12,151
13,397
14,772
M-75
Old
11,975
13,204
14,560
New
12,454
13,732
15,142
Agenda Item 8.j.
Page 11
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.j.
Page 12
R
INCORPORATED
#3 r�
JLY ,o` te" , MEMORANDUM
I Oft
T: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF MEMORANDUM DUM F UNDERSTANDING WITH
THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620
DATE: JUNE 28 2011
RECOMME
It is recommended the City Council adopt the attached resolution approve a
Memorandum randum f Understanding MO with Service Employees Union Leal 620 for FY
2011-12.
FINANCIAL, IMPACT:
The swings of adjustments to all employees is estimated to be approximatel
$4 10,000.
B ACKGRO U ND:
A t the March h 2 } 2011 Budget Workshop, the City Council approved strategies t o
add the projected budget sh Strategies included a combination of use of
reserves and employee concessions. The existing 1 1 U with employees represented
by SEIU Local 620 is due to expire n June 30, 2011. Negotiations have been under
gray for the past several months to agree o a new 111.E that achieve the swings set
forth by the City Council to address the budget shortfall. The proposed f1 OU was voted
o n and approved by the Union's membership on June 21, 2011.
ANALYSIS OF ISSUES:
The most significant portion of the budget shortfall is associated with an increase in City
employee pension costs. In order to address future, as well as current budget shortfall
issues, reform of City retirement benefit costs was a primary goal of negotiations with
employee unions. Since concessions are a primary strategy in addressing the e
budget shortfall, it was also a priority to establish them so they impacted employee
groups fairly and equitably throughout the organization.
Agenda Item 8.k.
Page 1
CITY COUNCIL
CONSIDERATION of MEMORANDUM of UNDERSTANDING WITH THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 620
JUNE 28 2011
PAGE
The following key changes are included in the proposed MOU, which will result in a net
savings to the City and reform of the retirement benefit system:
• All employees will pay an additional 4.5% of CaIPERS retirement benefit costs for
a total of seven of the eight percent employee share;
• A two- tiered CaIPERS retirement system will be implemented so all newly hired
employees will be in the 2% @ 55 plan with three -year average highest
compensation;
• All full -time employees will have non -paid furlough days on December 27 28
and 29 2011, and
• Other cleanup language changes in the MOU.
ALTERNATIVES:
The following a"lterna"tives are provided for the Council's consideration:
- Adopt resolution approving the proposed MOU;
- Modify as appropriate and adopt the resolution;
De net adept the resolution;
- Provide direction to staff.
ADVANTAGES:
Approval of the proposed MOU will accomplish compensation changes that will result in
important cost savings, which will help red uce the need for further layoffs and reduction
In service levels. The MOU is the conclusion of a significant amount of work through
negotiations to address the issues outlined above. It represents a significant sacrifice
on the part of the City's employees and a high level of commitment to funding quality
services to the community.
DISADVANTAGES:
Adjustments may negatively impact employee relations. However, negotiations have
been conducted in a very cooperative and professional manner to arrive at the
proposed Agreement in a positive and constructive way.
ENVIRONMENTAL REVIEW
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS.
The Agenda was posted in front of City Hall on Thursday, .June 23, 2011 and on the
City's website on Friday, .June 24, 2011. No co"n"vents were received.
Agenda Item 8.k.
Page 2
RESOLUTION No.
RESOLUTION of THE CITY COUNCIL of THE CITY
OF ARROYO GRANDE ADOPTING A MEMORANDUM of
UNDERSTANDING FOR EMPLOYEES REPRESENTED
Y THE SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 820 AND REPEALING RESOLUTION Nos. 3875,
41019 41939 4274, 42999 AND 4323 IMPACTING SAID
EMPLOYEES
WHEREAS, the City Council deems it to be in the best interest of the City of
A rroyo Grande and its employees represented by Service Employees
International Union Local 620 that compensation be fined for all full -time non -
management employees as herein provided; and
WHEREAS, the City has established compensation and working conditions
through the meet and confer process with the designated employee
representatives as set forth in Exhibit "A"; entitled Memorandum of
Understanding between the City of Arroyo Grande and the Service Employees
International Onion Local 620 "SEIU I OU" , ar copy of which is attached hereto
and incorporated herein by this reference.
Not, THEREFORE BE I'r RESOLVED by the City Council of the City of Arroyo
Grande that the SE1U MOU is hereby approved. This Resolution elution hafll become
effective Jul,r 1 , 2011.
E IT FURTHER RESOLVED that this Resolution lution shall repeal Resolution kilos.
3875, 4101, 4193, 4274, 4299, and 4323 which established salary and benefits
for full -tune employees represented by the Service Employees International
Anion Local 620.
On motion of Council Member , seconded by Council Member
and on the following roll call Grote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
2011.
Agenda Item 8.k.
Page 3
RESOLUTION NO.
PAGE
TONY Y FERF ARA, MAYOR
ATTEST:
KELLY I ETMO E, CITY CLEFT
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
EF
APPROVED TO AS FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.k.
Page 4
EXHIBIT "A"
2011/2012
(One Year)
MEMORANDUM OF UNDERSTANDING
BETWEEN
SERVICE EMPLOYEES
INTERNATIONAL UNION
LOCAL 620
Arroyo Grande Chapter
AND
CITY OF ARROYO GRANDE
Agenda Item 8.k.
Page 5
2011/2012
MEMORANDUM OF UNDERSTANDING
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 620
ARROYO GRANDE CHAPTER
TABLE OF CONTENTS
ARTICLE
'I:
TERM OF MEMORANDUM .......r
'I
ARTICLE
a
RECOGNITION ■ O■■■■■■•• a■■■r■r■■•• Fi■r ■.■■■■0*■■a■■■■r■r•*
1
ARTICLE
9.4
NONDISCRIMINATION r.■■.■■i■ NONE ■ r *.■a■■■a■■■■■ #. ■ ■ ■a ■ ■r ■ ■ ■ ■ ■ ■O.a
'I
ARTICLEUNION
Standby Pay ■ r■ r■■■■■■■ r■■ ego * O■ ■ ■O■■■aO■■ ■a■■■ ■O ■Or■■ ■r ■s ■EVEN
RIGHTS i.... r...........r..*..■■ O■O■■■ Names i ■ ■O ■O ■Or ■r*... ■ memo
8.6
Rest Periods and Breaks O■ ■ ■O ■ ■ ■Or ■ ■ ■O ■ ■ ■.r. *..........0.
1
4.1 Representation r..i. r■■■■ir•■■ O ■O■r ■ ■ ■.r.,. ;. ■ ■.a ■.r ■ ■ ■ *0NEESE
Alternate Work Schedules .a ■. ■ ■ ■ ■ ■ ■. ■. ■ ■ ■ ■.. ■ ■..r.. *.
1
9.8
4 , 2 Bulletin Board .■■■O■a■■■■■■ ■O■■ 0000■.■■■ * ■ ■ ■ ■a ■O ■ ■ ■ ■r ■ ■O ■ O ■
18
8,8
Water Treatment and Distribution Cert. Pay..... .....
. Union Steward .i■■■ ■O■■■r■,■*■■O■■■r■■■■r■r ■a■■O■■ ■ Names move
3
4 . Dues Deduction O■■■■■■ r■.. O■ a ■■■ ■r ■r■■■•. ■a ■O■■■ ■r■■■ ■r *•O ■O
3
4 .6 Use of City Facilities ■■■*.■. O ■■■■ MEN ■ ■■r ■*dl4 ■ ■ ■ ■a ■O ■r ■ ■ ■ ■r..
6
4 r6 Contracting Out NONE ■ ■ ■ ■ ■■ ■r ■r ■■ *•0000. ■ ■r ■i ■ ■ ■ ■r■**MEMO
6
ARTICLE
5:
GRIEVANCE PROCEDURE ................................... We...
6
ARTICLE
.■
DISCIPLINARY APPEAL PROCEDURE ■■i■ ■Mir ■ ■ ■i ■ ■ ■■ ■ mom MEMO
1
ARTICLE
6.
MANAGEMENT RIGHTS ,. r. w..■ O■■■ O ■i ■O■■■■r■■■■■r■■ ■ MOM" ■■ ■O■■ ■a
1
ARTICLE
O
WAGES / INCREASES . a..,.....,.■■■■ .r ■r ■ ■.. ■.O■a■aO■■■r■■■■r ■r
1
7.1 Advancement in Salary .... i ■ o■*O■a■O■ MONSOON ■r■ri■r■■■■r■■ 1
7 Paychecks ■r ■Out... ■ ■ ■a ■a ■ ■ ■a ■i■ .0.000 ■r ■r■■■ ■r*■*oO ■O■MONSOONS 1
7.3 Educational Pay .■.■ a■■■ O■ a■ O■ a ■ ■ ■aO ■ ■ ■r ■ ■ ■ ■r ■r ■ ■..r. ■.aa ■a.a 1
7.4 Shift Diffe ................................. * ■ *■■■ ■ ■O ■a■ is
ARTICLE 8■ NO STRIKE /N LOCKOUT ■ r■ r■ r■ r 0....... *aaMMa ■i ■i ■ ■ ■ ■, ■ ■■a0■r■ 16
ARTICLE 8■ SPECIAL PAY PRACTICES ........................... *., ■i ■ ■.■ 16
9.1
Flex-Time Schedule .■ r■r■■ ■*r ■Qi• ■ ■*ai ■i ■i ■ ■ ■ ■i ■a ■i ■ ■i ■ ■■
16
9.2
Use of Private Vehicle/Mileage R to i ■r ■i ■r ■r ■ ■ ■ ■r ■.■*
16
9.3
Callback Pay ■■ r■ r■■■ rr. F. O■ O■ O■ O■■■ ■O ■a■i■ ■O■i ■r■■■ ■r■,■r ■ ■raM
16
9.4
Hours of Work and Overtime ............................
16
9.5
Standby Pay ■ r■ r■■■■■■■ r■■ ego * O■ ■ ■O■■■aO■■ ■a■■■ ■O ■Or■■ ■r ■s ■EVEN
1
8.6
Rest Periods and Breaks O■ ■ ■O ■ ■ ■Or ■ ■ ■O ■ ■ ■.r. *..........0.
1
9.7
Alternate Work Schedules .a ■. ■ ■ ■ ■ ■ ■. ■. ■ ■ ■ ■.. ■ ■..r.. *.
1
9.8
Bilingual Pay •. r■■■■, r■■■■■ r■■■* •..a ■ ■ ■• ■ ■ ■ ■• ■ ■ ■ ■• ■• ■ ■ ■ ■r ■ ■r• *■
18
8,8
Water Treatment and Distribution Cert. Pay..... .....
18
Agenda Item 8.k.
Page 6
SEW MOU —TABLE OF CONTENTS
(continued)
ARTICLE 10: INSURANCE ..■.■■■*i.■.■■■ di.■■■.■,..■■ ■■■ ■■■.■rd.■ 1
10.1
Medical Insurance Benefits ■■.ir■■■■.,■..■■■■... ■r■.■.■■■
1
10.2
Cafeteria Plan ■* i.■■.■■. W*.■■.■ moos ■.■.■■■■. ■ ■ ■ ■. ■. ■. ■ ■ ■. ■...d
1
10.3
Vision Insurance .■■■.■.■■■ i■■■ i■ NONE ■i■i■■■■.■■O■.■.■ NONE ii■i
ARTICLE
10.4
Life Insurance Plan ■. ■. ■ ■ ■... ■. ■ ■ ■ ■■ W...■■■■.■■■■...■ NONE OWN
1 O.t
State Disability Insurance • ■■ ■r■.■*■. ■M.■■■■.■.■rw.■.■MENU
MAINTENANCE WORKER JOB SERIES .......................
10.6
Dental Insurance Plan i ■r ■. ■. ■..... N■.■.■ MEN .■ ■r■■■.i■■■MEN
15.1
ARTICLE 'I'I. HOLIDAY LEAVE ■ ■.. ■.. ■r ■.y.■ii ■i ■ ■ ■ ■. ■ ■ ■#+..■.■■■
21
ARTICLE '1 ■ VACATION LEAVE EMIGME
21
ARTICLE 13: SICK{
LEAVE ■.■■■.■.......■■■■.■■■■■..■■ . ■ ■ ■.. ■ ■ ■.. ■■.■.■■■■.■■ ■...r..
13.1
Bereavement Leave . ■. ■ ■ ■ ■ ■ ■. ■ ■ ■. ■. y■.■.■■■■.■■■ ■M..■ NONE ■.
13.2
Family Leave ■■■■■■■■■. 0■■■.■ NONE ■.■.■■.■.■■ ■.r■■■■■■. ■ ■ ■ *..r■
ARTICLE 14: LEAVES OF ABSENCE ......
14.1
Medical Leave ■.■■■.■■■■■.■■■ i, ■.■■■.■■■..■.■ NONE i•i#.■■■.■■.■
PROBATIONARY PERIOD
14.2
Emergency Leave ■r ■. ■ ■ ■. ■ O,. ■ NONE ■.■. ■ ■ ■. ■ ■., * ir ■, ■.r ■ ■...
18:
14.3
,Jury Duty 0 ■0 0 0 0 9 0 0 0 0 0 9000 0 0 ■0 0. ■r 09000 9 x0 0 0 0 0 0 0 0 0 ■*.0 0 0 0 0 0 0 0 0 0 0 0
ARTICLE
14.4
Military Leave
14.6
Furlough Days ■.■.■■.■■■. .■
MAINTENANCE WORKER JOB SERIES .......................
ARTICLE 15: UNIFORM ALLOWANCE .... w...... x ................ ■.. ■ ■.x....x...
15.1
Safety Shoes A■.■■■■■.■.■a • ..... ... x. *... ... ■. ... ■.•F #..x.0000
15.2
Safety Glasses ................................................
ARTICLE '1 ■ RETIREMENT 27
16.1 PERS Retirement Contributions ■x ■. ■.x ■ ■ ■. ■ ■ ■.......... 27
16.2 Retirement Defined .■ r■.■■■.■■ ■...x..■■■■.■■■■. ■x■■■ ■x■■■.. ■. 7
16.3 retiree Medical ■■ x■.■■■■■■. r■.. ......ft■■.■■■■.■■■■■ ■ x■.■.■Noun 7
ARTICLE
17x
PROBATIONARY PERIOD
ARTICLE
18:
PROMOTION .................
29
ARTICLE
19:
PROMOTIONAL OPPORTUNITIES
ARTICLE
:
MAINTENANCE WORKER JOB SERIES .......................
ARTICLE 1: ENGINEER ,JOB SERIES ...... ........■■■■.■■■ ■x ■x■■■ ■x...... 1
Agenda Item 8.k.
Page 7
SEIU MOU —TABLE OF CONTENTS
(continued)
ARTICLE
TRANSFERS .... w■■■ ,■,O■■,. ■. ■.,.,.. ■, ■.. ■.■■ ■*■ME MONDE .■■r.0*.,
31
ARTICLE
3:
DEMOTION ■ r■ d■,■,■■■■■,■■ E■ i,■■■ r ■,i,. ■r■ri■■ ■r■
31
ARTICLE
LAYOFFS AND DISPLACEMENT ........r.■■■.■■..*.,■■■ ■r■i■■
31
ARTICLE
PERSONNEL REC IDS ■. r*,...,. ■ ■ ■■„■■■*■..■, ■ ■ ■*.■■■ ■r ■ ■■
33
ARTICLE
6:
RESIGNATION .... r. r... r■,■■■%■..■■ r■, ■r ■i■■■■, ■,r ■..■■■■ ■r ■r..■■ ■■
33
ARTICLE
OUTSIDE EMPLOYMENT •■■■■,■ MEMO . r■■■,■*■ WOMEN ...r. ■ ■, *.,....
33
ARTICLE
POSITION VACANCIES .r.■ ■■ r■ rii.■ ■ ■.,r.r.•i ■ ■. ■ ■ ■.r.i• ■ ■ ■ ■.r ■, ■,
33
ARTICLE
POSITION CLASSIFICATION ...... ...r.
3
ARTICLE
30:
PROFESSIONAL DEVELOPMENT ........r...... *..■ ■■
3
ARTICLE
31:
UNIT ASSIGNMENTS .. r..........., r. ..r. *. %■■■■,■■■ mummy ■ ■• w.■■ ■r■■
3
ARTICLE
32:
MAINTENANCE ANCE F BENEFITS AND TERMS AND
CONDITIONS # ! # ! f # ! 1 1 1 1 i 1 ! 1 1 1 ! 1 ! 1 ! ! f * NONE ■ i ■ r ■ , ■ ■ ■ MOMMY ■ d ■ .. ■ ■ E M E M M O M M E
3
ARTICLE
33.
M.O.U. IMPLEMENTATION I ....................................... .
3
ARTICLE
34:
OBLIGATION TO MEET AND WAIVER EF CLAUSE ...........
3
ARTICLE
35:
SAVINGS CLAUSE r....... ME. ■■■■■■■,■ ■■,■ ■ ■ mummy ..ir... MENU
3
ARTICLE
36:
POLICY CONFLICTS .. r.....r ft,■■■...... .r....... ME. ...r.,..r........
3
Agenda Item 8.k.
Page 8
201112012
MEMORANDUM of UNDERSTANDING
ING
BETWEEN
CITY of ARROYO GRANDE
AND
LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL ATIONAL ANION,
ARROYO GRANDE CHAPTER
THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING
EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING
THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL
SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED
AGREEMENT, As HEREIN SET FORTH, SUBMIT THIS MEMORANDUM of
UNDERSTANDING INN To THE CITY COUNCIL, WITH .JOINT RECOMMENDATION
ATION
THAT COUNCIL ADOPT THE TERMS AND CONDITIONS AND TARE SUCH OTHER
ADDITIONAL ACTIONS As MAY BE NECESSARY To IMPLEMENT ITS
PROVISIONS.
ARTICLE 1. TERM of MEMORANDUM of UNDERSTANDING
The te of M of Und shall be from July 1, 2011 until June 30,
2012, and thereafter shall continue from year to year. Either party may request
modification by March 15, 2012, in which event, meeting and conferring shall begin no
later than April 15, 2012.
If the City pays a higher portion of the employee share of PERS costs or provides a
Cost of Living Adjustment for management or employees represented by AGP A
during the term of this Agreement, the City will pay an equal amount for employees
represented by SE1U.
ARTICLE 2. RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent for all
permanent classifications in the Supervisory Employees' representation unit and
General Services unit.
ARTICLE 3. NONDISCRIMINATION
The provisions of this Memorandum of Understanding shall be applied equally to all
employees covered hereby without discrimination because of race, color, sex, physical
disability, age national origin, religious affiliation, or Union membership.
Employees may elect to exercise their right to join and participate in the activities of the
Anion for the purposes of representation in afl matters of their working conditions and
employer- employee relations. The panties agree that there shall be no restraint,
coercion, or interference with any employee with respect to or because of the
1
Agenda Item 8.k.
Page 9
ARTICLE 3. NONDISCRIMINATION (continued)
employee's membership in said Union. The City and the Union agree that each
employee shall be treated equally, fairly, and with dignity and respect.
The Union and the City agree to support the Affirmative Action Program established by
the City and that there shall be no discrimination within their respective organizations
because of race, creed, sec preference, color, national origin, age, disability, or political
belief.
Any party alleging ar violation of this article shall have the burden of providing the
existence f a discriminatory act o acts and/or proving that, but for such act o accts, the
alleged injury o damage to the grievant would not have occurred.
Discrimination complaints based on Union membership and/or activity shall continue to
be subject to the grievance procedure and arbitration.
ARTICLE 4. UNION RIGHTS
4,1 Representation
With respect to the meet- and - confer process, three 3 Union representatives
shall be the maximum number of employees allowed to meet with City
representatives on City time during their normal working hours for the purpose of
meeting and conferring in good faith without loss of pay o any benefits.
4 .2 Bulletin Board
The City will furnish, for the use o f the Union, reasonable bulletin board space at
reas locations. Such bulletin board space shall be used only for the
following subjects:
Union recreational, social, and related nears bulletins;
- Scheduled Union meetings;
-
Information concerning Anion elections or the results thereof;
-
Reports its f official business of Union, including reports of
committees or the Board o Directors; and
- All material shall clearly state that it is prepared and authorized by
the Union.
Union agrees that notices posted on City bulletin boards shall not contain
anything that may reasonably be construed as maligning the City or its
representatives.
z
Agenda Item 8.k.
Page 10
ARTICLE 4. UNION RIGHTS (continued)
4.3 Union stewards
i
A. The City authorizes the Arroyo Grande Chapter of the Service
Employees International Union to appoint three 3 "Union
Stewards" and one 1 alternate, any of which may represent an
employee subject to the City's grievance procedure (Article .
B. The Union shall provide the City Manager with a list of all
authorized Union stewards, and the list shall be kept current.
C. An employee and/or his /her "Union Steward" representative may,
when and to the extent necessary, take official City time, without
loss of compensation, in order to participate in the investigation and
processing of a grievance as provided for in Article 5, upon
notification and approval of the immediate supervisor or his /her
designee.
D. The City Manager will approve employee and/or Union Steward
taking official City time to investigate and process a grievance,
when and to the extent necessary, and only if it will in no event
adversely affect the operational, security, or safety requirements of
the City.
E. It is understood that the employee and/or Union Steward shall
make every reasonable effort to perform any of the above activities
on off-duty time.
4.4 Dues Deduction
A. The City agrees to deduct dues twice monthly and remit them to the
Union, as approved by the Union Board of Directors and authorized
in writing by the individual employees concerned, on forms
currently accepted by the City for such deductions.
B. For the employees in the unit who authorize Union dues
deductions, the City shall automatically continue such dues
deduction.
C. The City agrees to provide the Union the name and deduction
status of all unit employees each pay period for which deductions
are made. - rhe report shall include employees hired /transferred
into or out of the unit, as well as all those on leaves of absence.
3
Agenda Item 8.k.
Page 11
ARTICLE 4. UNION RIGHTS (continued)
Dues Deductions (continued)
D. Deductions. All employees in the unit who have not authorized ar
Union dues deduction shall, within the thirty 3 day period
following n tifi anti n of their obligation under this agreement,
execute an authorization for the payroll deduction of one of the
following: 1 Union dues; 2 ar service fee, equal to the percentage
of the regular dues, than is used for legally permissible
representation costs; or 3 if he /she qualifies, ar charity fee, equal
to the service fee, to the tax-exempt charitable organization than
has been agreed to by the employee and the Union.
To qualify for the designated charity fee deduction, an employee
must certify to the Union that he /she is ar member of ar bona -fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting public employee
organizations.
Such exempt unit employees will be required to submit to the Union
a notarized letter certifying than person's membership in such a
religion, body, or sect, signed by an official of the bona-fide religion,
body, or sect.
If an employee fails to authorize one of the above deductions within
the thirty 3 day authorization period, the City shall notify the
employee, in writing, o f his /her contractual obligation to authorize
one of the payroll deductions.
If an employee fails to authorize one of the deductions, the Union
may seek enforcement through the courts.
E. Service Fee as Condition of Employment After July 1, 1 995, all
employees hired into the units who fail to authorize a Union dines
deduction or service fee deduction must, as ar condition of their
continued employment, authorize a service fee deduction within
thirty 3 days following the beginning of their employment. The
employee may avail his /herself of the options set forth in "D" above.
If an employee fails to meet this obligation,- the Union will male ar
written request to the City to tare the necessary steps to separate
that employee from City service. The City will inform the Union of
all new hires.
Agenda Item 8.k.
Page 12
AF 1`ICLE 4. UNION RIGHTS (continued)
Dues Deduction (continued)
F. Financial Documentation. The Union has presented a
demonstration than the legally permissible costs than may be
changed as ar service fee to ar nonmember equals somewhat more
than ninety-five percent 95% of dues.
The City has not challenged than demonstration and agrees to
deduct ar service fee equal to ninety -fare percent 95% of dues.
The Union shall, within ninety gg days after the end of each fiscal
year, mare available to the City financial documentation than shall
meet the requirements of Government Code Section 3502.2.
The City agrees to provide the Union the name, department, clays,
and payroll deduction of all unit employees upon request.
G. Petition Election, and Challen.e If ar petition is filed with the City
that requests an election rescinding agency shop, and such petition
contains signatures collected within ar forty-five day period of at
least thirty percent 30% of the employees in the bargaining unit,
an election will be held. Such election may only be held once
during the term of the Agreement. The verification of the petition
and the election shall be conducted by the State Conciliation
Service, voting shall be by secret ballot, and ar majority Grote of all
employees in the bargaining unit shall be required to rescind
agency shop.
A unit employee, who is subject to the payment of ar representation
service fee hereunder, has certain legal rights to object to than pant
of the fee payable to him or her, which represents the employee's
additional pro-rata share of expenditures by the Union than is
utilized for expenditures not incurred for the purpose of performing
the duties incident to effective representation in employer - employee
relations. An employee wishing to exercise these rights must
contact the Union office.
H. Hold Harmle The Union agrees to indemnify, defend, and hold
harmless the City and its officers, employees, and agents against
all claims, proceed and liabilities arising, directly or indirectly,
out of any actions taken or not taken by or on behalf of the City
under this Article.
5
Agenda Item 8.k.
Page 13
ARTICLE 4. UNION RIGHTS {continued}
4 Dues Deduction (continued)
!. Enfor ement Severabili In the event the Service Fee provision of
the Article is declared by a court of competent jurisdiction to be
illegal or unenforceable, the parties agree to reopen this Article of
the Agreement for the purposes of implementing modified agency
shop provisions.
4. 5 Use of Citv Facilities
A. The Union may, with prior approval of the City Manager, be granted
the use of City facilities for Union business meetings of City
employees, provided space is available. No use fee will be
changed.
B. The City shall provide, at no cost to the Union, a copy of each City
Council agenda (Summary Form. By being provided the agenda,
the Union acknowledges the City has met its obligation of
notification of matters or issues within the scope of representation
on the Council Agenda.
4 Contracting out
The City agrees to communicate with the Union upon request in regard to the
following matters:
1. Any proposed subcontracting of services than would result in the
elimination of unit member's job.
2. Changes in services than would result in the elimination of unit
member's job.
ARTICLE S. GRIEVANCE PROCEDURE
Purpose
A. This grievance procedure shall be the exclusive process to resolve
grievances as the term is defined below:
1. To resolve grievances informally at the lowest level.
2. To provide an orderly procedure for reviewing and resolving
grievances promptly.
0
Agenda Item 8.k.
Page 14
ARTICLE 5, GRIEVANCE PROCEDURE (continued)
Definitions:
A. Grievance means a complaint by an employee concerning the
interpretation or application of the provisions of this {1 . .U. or of
rules or regulations governing personnel practices o conditions,
which complaint has not been resolved sa tisfactorily in an informal
manner between the employee and his /her immediate supervisor.
B. As used in this procedure, the terra "immediate supervisor" means
the individual so designated by City management who assigns,
reviews, and directs the work o an employee at the fiat level.
Time Limits:
Each party involved in a grie shall act quickly so that the grievance may be
resolved promptly. Every effort should be made to complete action within the time
limits contained in the grievance procedure; however, with the written consent of
all parties, the time limitation for any step may be extended.
Step 1:
The grievance initially shall be personally discussed between the
employee and his /her immediate supervisor. Within seven ( 7 )
working days the immediate supervisor shall give leis /her decision
o response. The grievant may request this decision o response in
writing.
Step 2:
A. if the grievance is not informally resolved to the satisfaction
of the grievant in Step 1 a formal grievance may be initiated.
formal grievance must be initiated. A formal grievance
must be initiated no lamer than
Thirty 3 working days after the evert of
circumstances occasioning the grievance; o
2. Within seven working calendar days o f the Step 1
decision rendered in the informal grievance
procedure, whichever is lamer.
B. However, if the Step 1 informal grievance pr is not
initiated within the period specified in subsection 1 above,
the period in which to (ring the grievance shall not be
extended by subsection 2 above.
7
Agenda Item 8.k.
Page 15
ARTICLE 5, GRIEVANCE PROCEDURE (continued)
Step 2: (continued)
C. A Step 2 grievance shall be initiated in writing on a form
prescribed by the City and shall be filed with the person 2
designated by City management who has the responsibility
of the next level of supervision within the department. The
employee may be represented by a representative o his /her
choice.
D. The grievant shall cite the specific provision(s) of the
Memorandum o f Understanding, ordinance, resolution, o
written rule claimed to have been violated in effect at such
time the alleged incident(s) occurred, set forth the facts than
purportedly constitute such violation, and the specific
remedy sought.
E. Within seven working days after the initiation of the Step
2 grievance, the City's designated representative for this
step shall investigate the grievance and give his /her decision
in writing to the grievant.
Step 8;
A. If the grievant is not satisfied with the decision rendered
pursuant to Step 2, he /she may appeal the decision within
seven working days to the person designated by the City
Manager who has the next level of supervision within the
department, if any. The employee may be represented by a
representative o f his /her choice.
B. The designated representative shall respond in writing within
seven working days to the grievant. If the designated
representative determines it is desirable, he /she shall hold a
conference(s) o otherwise investigate the matter.
Step :
A. If a designated representative was used in Step 8 above or
none was designated and the grievant is not satisfied with
the decision rendered pursuant to Step 2 o 8 as applicable,
he /she may appeal the decision within seven working
days to the City Manager. The employee may be
represented by a representative of his /her choice.
8
Agenda Item 8.k.
Page 16
ARTICLE 5. GRIEVANCE PROCEDURE (continued)
Step 4: (continued)
B. The City Manager shall respond in writing within seven 7
working days to the grievant. If the City Manager determines
it is desirable, he /she shall hold ar conference or otherwise
investigate the ranter.
Step
If the grievance is not resolved satisfactorily at the above Step(s),
the grievant, with the written concurrence of the Union, within ten
(10) days, excluding holidays, may submit the grievance to binding
arbitration. Upon mutual agreement of both panties, the time
deadline may be extended for a specified number of day If any
question arises as to the arbitrability of the grievance, such
question shall be ruled upon b y the arbitrator only after he /she has
had an opportunity to hear the merits of the grievance.
A. The arbitration proceeding shall be conducted by an
arbitrator to be selected by the two parties within ten (1 0
working days after said notice is given. If the two parties fail
to reach agreement on an arbitrator within fire days, the
State Conciliation Service will be requested to supply a list of
fire names. Each party will alternately strike from the list
until only one 1 name remains. The order of striking will be
determined by lot.
B. The arbitrator shall hold a hearing within ten 10 working
days of his /her appointment. Fire working days' notice
will be given to all parties of the time and place of the
hearing. Within ten (1 0) working days after completion of the
hearing, the arbitrator shall reader the decision in writing and
shall set forth his /her findings of fact, reasoning,, and
conclusions on the issues submitted.
The arbitrator shall be without poorer or authority to make
any decision that requires the commission of an act
prohibited by lair or violates the terms of this Agreement.
However, it is agreed that the arbitrator is empowered to
include ar decision for reimbursement for financial loss of
wages or fringe benefits or other non - financial remedies as
judged to be proper. The arbitrator shall submit to all p arties
his /her findings than shall be binding and final on both
parties.
0
Agenda Item 8.k.
Page 17
ARTICLE 5. GRIEVANCE PROCEDURE (continued)
Step 5: (continued)
C. Nothing in the foregoing shall be construed to empower the
arbitrator to make any decision amending, changing,
subtracting from, or adding to, the provisions of this
Agreement.
D. The fees and expenses of the arbitrator shall not be the
responsibility of the prevailing party. All other expenses
shall be borne by the party incurring them, and neither party
shall be responsible for the expense of the witnesses of the
other. If any grievance meeting or hearing shalt be
scheduled during the work day, any worker required by
either panty to participate as a witness or grievant in such
meeting or hearing shall be released from regular duties
without loss of pay or benefits for a reasonable amount of
time.
E. Either party may request an individual to make a written
record of the entire arbitration hearing. The cost of the
services and expense of such individual shall be paid by the
requesting parties upon mutual agreement.
F. All documents dealing with the processing of a grievance
shall be filed separately from the personnel files of the
participants as designated in this Agreement.
ARTICLE 5.5 DISCIPLINARY Y APPEAL PROCEDURE
E
Effective for discipline initiated after the dame of ramification of this M. .U., appeals from
discipline and discharge of unit employees represented by S.E.W. Local 620 only, shall
be processed exclusively in accordance with this modified appeal procedure. The
provisions of this Article apply only to employees represented by S.E.I.U. Local 620 and
supersede any conflicting provisions contained in the Personnel Regulations of the City
of Arroyo Grande, Section VIII. — G inclusive for S.E.W. represented employees.
Employees represented by Local 620 receiving a "Notice of Recommended Disciplinary
Action" under Section Vill A. of the Personnel Regulations shall have the right to Union
representation if he /she so chooses. The City agrees to send copies of all disciplinary
notices for represented employees to the Union by Facsimile (FAX) and U.S. hail art:
(805) 1 - 20 (FAX)
Local 620, Service Employees' International Union, AFL, CIO, CLC
2345 S. B roadway #C
Santa Maria, CA 93454
10
Agenda Item 8.k.
Page 18
ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE (continued)
Nothing in this Article shall preclude an employee and the City Manager from informal
discussions and/or settlements prior to the date of the hearing.
For the purpose of this M.O.U. and as applied to S.E.I. . represented employees only;
the City's Disciplinary Action procedure is hereby modified as follows:
Section -1: Method of Appeal S.E.I. U. Only):
Appeals shall be in writing and contain a brief statement about the action
being appealed and the reason(s) the employee believes the disciplinary
action Is not appropriate. The letter of appeal shall be filed with the City
Manager within five business days of receiving the notice of
disciplinary action.
Upon the filing of an appeal, the City Manager shall set a date for a
hearing on the appeal not less than ten 1 days nor more than sixty ( 60 )
days from the date of filing. The City Manager or designated
representative shall notify all interested parties of the date, time, and place
of hearing. The City Manager will also select a Hearing Officer from either
the State Mediation and Conciliation Service SMCS or another individual
selected from a list provided by the SMCS, provided that the person
selected to be the Hearing Officer has experience adjudicating Disciplinary
Hearings.
Section E: Hearing: No Change to City Personnel Regulations Manual.
Section F: Findings of the Hearing Officer: No Change to City Personnel
Regulations Manual.
Section G: Appeal Proced
1. Appeal of Findings by Hearing Officer Other Than City
Manager— a., b., c.: No Change to City Personnel
Regulations Manual.
2. Appeal of Findings by the City Manager:
An employee who believes the City Manager's Final
Decision contains findings of fact that are erroneous or legal
conclusions which are arbitrary and capricious may
appeal such findings and resulting proposed disciplinary
actions.
11
Agenda Item 8.k.
Page 19
ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE E (continued)
Section G: Appeal Procedures: (continued)
2. Appeal of Findings by the City Manager: (continued)
Such appeals shall be made to the City Council. Such
appeal shall be filed within twenty 2 0) working days of
receiving the Notice of Disciplinary Action from the City
Manager.
ARTICLE 6. MANAGEMENT RIGHTS
HTS
The City retains all its exclusive rights and authority under federal, state, and municipal
law and expressly and exclusively retains its management rights, which include, but are
not limited to:
the exclusive right to determine the mission of its constituent departments,
c ommissions, boards;
0 set standards and levels of service;
0 determine the procedures and standards of selection for employment and
promotions;
0 direct its employees;
0 determine the methods and means to relieve its employees from duty because
of lack of work or other lawful reasons;
0 maintain the efficiency of governmental operations;
0 determine the methods, means and numbers and kinds of persons by which
government operations are to be conducted;
0 determine methods of financing;
0 determine styles and/or types of City- issued equipment to be used;
0 determine and/or change the facilities, methods, technology, means,
organizational structure, and composition of the work force and allocate and
assign work by which the City operations are to be conducted;
0 determine and change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City
functions, including but not lifted t, the right to contract for or subcontract
any work or operations of the City.
12
Agenda Item 8.k.
Page 20
A RTICLE 7. WAGES I INCREASES
A. The S.E.I.U. represents the following employee classifications:
CLERICAL AND FISCAL
SALARY RANGE
GE
Administrative Secretary
Senior Accounting Clerk
Accounting Clerk 11
Office Assistant II
Accounting Clerk
office Assistant I
2
24
21
18
1
14
R CREATbON AND MAINTENANCE SERVICES AND COMMUNITY
DEVELOPMENT
Senior Engineer
4
Associate Engineer
48
Assistant Engineer
8
Maintenance Services Supervisor
8
Recreation Supervisor
84
Fleet Maintenance Coordinator
8
Maintenance Services Lead Person
8
Water Services Worker
2
Maintenance Worker III
2
Sports Facilities Coord inator
2
Recreation Coordinator
2
Maintenance. Worker II
2
Maintenance porker 1
1
B. FISCAL YEAR 2011/2012
The City and the S.E.I.U. agree that all position classifications represented b y the
Union as depicted in Section "A" of this Article shall receive salaries as
represented in Exhibit "A" for the period o f July 1 t 2011 through June 30, 2012.
7 ,11 . Advancement in Sa
The salary range as set forth for each
that shall b interpreted and applied
increases as provided herein are not
merit. Employees shall be placed
compensation for advancement to the
manner following:
classification is divided into fire steps
as outlined In this Article. Salary step
automatic but based on performance and
on the step and qualify for increase in
next higher step of the pay ranges in the
A. The first step is the minimum rate and normally shall be the hiring
rate.
13
Agenda Item 8.k.
Page 21
ARTICLE 7. WAGES 1 INCREASES (continued)
B. The second step is granted to employees who are eligible for this
adjustment, after completion of the probationary period. The
adjustment shall be made only if granted by the Department
Director and subject to the approval of the City Manager or his /her
designee.
C. The third step shall be granted to an employee who has proven
fully qualified in ar given classification for one 1 full additional year
from granting of previous step increase only if granted by the
Department Director and subject to the approval of the City
Manager or his /her designee.
D. The fourth step shall be granted to an employee who has proven
above average in a given classification for one 1 full additional
year by the Department Director and with the approval of the City
Manager or his /her designee.
E. The fifth step shall be granted to an employee who has continued
to demonstrate arb ve average performance and has demonstrated
continued growth in a given classification for one 1 full additional
year by the Department Director and with the approval of the City
Manager or his /her designee.
F. A performance report on each employee - recommended for salary
advancement shall be prepared and submitted by the Department
Director to the City Manager prior to final action on such
recommendation at each step.
G. An employee must always continue to maintain an acceptable level
of performance and shall be evaluated annually by his /her
Department Director. If the written evaluation by the Department
Director does not support ar continued acceptable effort, an
individual may be reduced in salary by the Department Director,
with the approval of the City Manager o his /her designee.
Paychecks
The City will pay regular checks on ar biweekly basis and continue payroll
deductions for the County -City Employee Credit Union, when so desired by
employees.
7 Educational Pay
A The Educational Pay Program is intended to promote the
improvement of employee efficiency and the advancement of
employees to positions of higher skills.
1
Agenda Item 8.k.
Page 22
ARTICLE 7. WAGES I INCREASES (continued)
Educational Pay (continued)
B. Employees may qualify for advancement of one salary range above
their position classified range upon receipt of an Associated Arts
Degree, in a field relative to their job classification, from an
accredited junior college, or upon earning ar special license or
certificate, deemed to be equivalent to an AA degree and is related
to the performance of the employee's duties and/or assignment,
upon recommend of the Department Director and approval by
the City Manager. For purposes of completion of certificated
courses related to an employee's duties and/or assignment
equivalency (including those programs resulting in ar special license
or certificate), or an aggregate of the same which equals or
exceeds 720 instructional hours, will be deemed to be equivalent to
an AA deg
Any employee who is receiving educational pay for any license or
certificate as of duly 1, 1999, will continue to receive such pay.
C. Employees who possess licenses or certificates as specified in
Section B of this Article, totaling less than 7 hours and more than
300 hours, shall qualify for an advancement in sa'la'ry of $20 per
pay period upon recommendation of the Department Director and
ap proval by the City Manager.
D. Employees may qualify for advancement of two salary ranges
above their position classified range upon receipt of ar Bachelor of
Science /Bachelor of Arts Degree in ar field relative to their job
classification, from an accredited college, upon recommendation of
the Department Director and approval of the City Ilarnagr.
E. Exception: Where r job classifications or requirements include an
Associated Arts or Bachelor of Science/Bachelor of Arts degree,
Section B and Section C, will not apply.
F. No additional educational pay shall be made for duplicate, or more
than one, AA degree, BA degree, or applicable certificates.
7 Shift Differential
The City shall pay $.50 (fifty cents) per hour additional wages for each hour
worked when at least four and one -half Y hours are worked between 5:30
P.M. and :30 A.M., providing such working assignment has been
assigned /approved by the Department Director with the concurrence of the City
Manager. Exception to the prior approval provisions shall be granted for
emergency call -outs.
1
Agenda Item 8.k.
Page 23
ARTICLE 8. NO STRIKE E LOCKOUT
The Union agrees than during the terra of this Memorandum of Understanding, neither
the Anion or the employees it represents will engage in, encourage, sanction, support,
or suggest any strikes. The employer agrees that it will not lock out any of its
employees during the term of this Memorandum of Understanding.
ARTICLE 9. SPECIAL PAID PRACTICES
9 .1 Flax-Time Schedules
Employees for whom necessity requires a different schedule than that generally
applied shall work according to regulations prepared by the respective
supervising officials and approved by the City Manager. The City shall specify in
writing all changes in work plane and hours and provide the affected employees
with reasonable notice of these changes. Hours may be altered to permit flex-
time.
9 .2 use of Private Vehicle I lilea afar e
i
An employee who is required to perarte his or her own privately-owned
automobile for the performance of official duties shall be reimbursed at the rate
established by the City Council for each rile necessarily traveled. Such
reimbursement shall be paid monthly.
9.3 Callback Pa
Callback is defined as than circumstance requiring an employee to unexpectedly
return to work after the employee has left work at the end o f the employee's work
day or work week.
An employee called in early to start his /her work shift, without prior reasonable
notice, will also receive time and one-half 1 Y ) overtime Pay for all extra hours
worked, ed, with a minimum call-out of two 2 hours. If an employee receives ar
second c allback within the two hour window of their first call, then the employee
shall only receive additional pay for the time worked beyond the two hours.
9 .4 Hours of Work and Overtime
The normal working schedule of full -tune employees shalt be eight hours pay
or forty 40 hours per week. All authorized time worked in excess of forty 40
hours per week, or on ar holiday recognized in this Memorandum of
Understanding, sharp he co mpensated at the rate of one and one -half 1 Y times
the employee's regular base hourly rate of pay. Time worked for computation of
overtime shall include holidays, jury duty, sick leave, bereavement leave, and
previously scheduled vacation and compensatory time off, for purposes of this
paragraph, and shall be calculated at ar maximum of eight hours per day.
Overtime shall be computed at the nearest quarter (1/4) hour. At the request of
any employee eligible for overtime pay, his /her supervisor will provide that, in lieu
1
Agenda Item 8.k.
Page 24
ARTICLE 9, SPECIAL PAY PRACTICES (continued)
of cash payment for airy overtime, he /she may have the choice of time off with
pay at the rate of one and one -half 1 1 Y hours for each hour of overtime worked.
Compensatory time off shall be taken at the option of the employee, with the
consent of the supervisor. The limit for accrued compensatory time off is 1
hours per employee. Upon separation from employment, an employee is entitled
to receive cash compensation for any unused compensatory time.
9 .5 Standbv Pa
Standby duty is defined as that circumstance which requires an employee so
assigned to:
1. Be ready to respond immediately to a call for service; and
2. Be readily available at all hours by telephone.
An employee so assigned to standby duty shall receive $1.50 per hour, to begin
at the end of the regularly scheduled work day or work week or other employee's
standby time, and end at the start of the next regularly scheduled work day or the
beginning of another employee's standby time. When an employee is called in
and is being paid at his /her normal rate of pay (including overtime), standby pay
will not apply.
9 .6 beat Periods and Breaks
Employees in all bargaining unit classes are entitled to a fifteen ( 1 15) minute duty -
free rest period during each four hours of continuous work.
A rest period shall count as fifteen (15) minutes of time worked for calculation of
pay.
Rest periods may be suspended when unusual emergency conditions require
continuous performance of duties in order to protect or preserve life or property.
9 .7 Alternate Work Schedules
The City and the Anion agree than under some circumstances alternate work
schedules may be beneficial to both employees and the City. Accordingly,
employees may request to work an alternative work schedule. Such requests
shall be subject to approval by the Department Director and the City Manager.
City management reserves the right to remove employees from alternative work
schedules.
iVA
Agenda Item 8.k.
Page 25
ARTICLE 9. SPECIAL PAY PRACTICES (continued)
9 Bilingual Pa
A. An employee fluent in Spanish or other language, the use of which
has been determined by the City Manager to be of benefit to the
City, shall be paid $50-00 per month. Fluency shall be certified by a
test administered through the City Manager's Office. A certified
employee shall request bilingual pay on a form approved by the City
Manager. N more than six employees fluent in one of the identified
languages shall be eligible for bilingual pay at any one time.
B. The City Manager shall determine which employees, ghat mix of
languages, and which job functions may be eligible for bilingual pay
based upon accessibility of the employee to the public,
representation in departments, or other factors that could affect the
use of theses skills for public benefit. Nothing in this section shall
preclude the use by an employee of foreign language skills in the
work place for the public benefit even if the employee is not
receiving bilingual pay.
9 .9 Water Treatment and Distribution Certification Pa
Effective dune 25, 2010, employees in classifications of Maintenance
Worker I, II, and III, Water Services Worker, Public Works and Parks lead
Person, Sports Facility Coordinator, and Public Works and Parks
Supervisor shall receive special pay of 1% of their base salary for each
Water Treatment Operator Certification from the California Department of
Public Health TI through T3 received and maintained and dater
Distribution O perator Certification D1 through D4 received and maintained
up to a maximum of % for employees permanently assigned to the Water
Services Section and the Public Works Supervisor, Streets Division, and
2% for employees assigned to other maintenance operations. Employees
shell receive special pay for each certification obtained only as long as
each individual certification is maintained. Employees may receive up to a
total maximum of 7.5% for Educational Pay and Water Treatment and
Distribution Certification Pay when combined. Employees shall not
receive both Educational Pay and Water Treatment and Distribution
Certification Pay for the same education completed. In such case that
education cornpleted to obtain Mater Treatment and Distribution
Certifications qualify an employee to receive Educational Pay, the
employee shall receive whichever is highest between the two special pay
amounts.
ill
Agenda Item 8.k.
Page 26
ARTICLE . MEDICAL INSURANCE
10.1 Medical Insurance Benefits
A. The bare medical plan shall be defined as the Health Maintenance
Organization (HMO) program available to the City. If availability of an
HMO to the City is discontinued by the medical plan provider, the bane
plan will become the basic PPO plan available to the City by the existing
medical plan provider.
B. The City will maintain health benefits through Ca lPERS for calendar year
2012.
10.2 Cafeteria Plan
A. Effective January 1, 2009, the City shall contribute an equal amount
towards the cost of medical coverage under the Public Employee's
Medical and Hospital Care Act PEMHCA for both active employees and
retirees. The City's contribution toward coverage under PEMHCA shall be
the minimum contribution amount established by Ca lPERS on an annual
basis. Effective January 1, 2011, the City's contribution under PEIIHCA
shall be $108.00 and January 1, 2012 shall be $112.
B. Effective January 1, 2009, employees participating in the City's full flex
cafeteria plan shall receive ar flex dollar allowance to purchase group
health coverage for medical, dental and vision under the City's Cafeteria
Plan. For the period o f July 1, 2011 through December 31, 2011, the flex
dollar allowance s hall be $588.78 with respect to an employee enrolled for
self alone, $1,081.62 for an employee enrolled for self and one family
member, and $1,385.80 for any employee enrolled for self and two o
more family members.
C. For January 1, 2012 through June 30, 2012, the flex dollar allowance s hall
be the arm unt in effect on December 31 , 2011 plus 1 % of the increased
cost in dental and vision insurance and the lowest cost HMO available
through PERS in Baru Luis Obispo County.
D. A portion of the flex dollar allowance ($108.00 for 2011 and $112 for 2012)
is identified as the City's contribution towards PEI IHCA. This amount will
be adjusted on an annual basis as the PEIIHCA minimum contribution
increase. Remaining flex dollars must be used by employees to
participate in the City's health plans. Employees who waive medical
coverage under the Cafeteria Plan because he /she provided the City with
written proof than medical in co is in force through c
provided by another source consistent with any rules o restrictions o n the
City by the medical plan provider, can take flex dollars for the amount
provided to employees enrolled for self alone (taxable income), deposit it
into their 457 plan, or use it to purchase vo luntary products. No remaining
flex dollars may be redeemed.
19
Agenda Item 8.k.
Page 27
ARTICLE 10. MEDICAL INSURANCE (continued)
10.3 Vision Insurance
The City shall provide a Vision Care Plan for bargaining unit members. The City
shall contribute the full family premium. The City may select an alternate Vision
care provider during the terra of the M.O.U. providing that
1 . Any new plan maintains equivalent benefits to the employees; and
2. At leant twenty -one 21 days advanced notice of plan changes are
provided to the Union.
10.4 Life Insurance Plan
City shall provide group term life insurance benefit plan for bargaining unit
members, which shall provide for forty thousand dollars {$40,000} life coverage
for employees only during the term of their employment.
A. The City shall make available additional Voluntary life insurance
coverage, at the employee's expense, as long as the minimum
participation requirements o f the insurance provider are met.
10. state Disability Insurance
The City shall provide and pay the premiums for State Disability Insurance,
integrated with sick leave. Effective January 1, 2004, the City will pay the
premiums for the new Family Temporary Disability Insurance. Should there be
any future rate increases to State Disability Insurance and Family Temporary
Disability Insurance plans after January 1, 2004, the City and SEW Local 620
agree to meet and confer to discuss responsibility for payment o f such increases.
1-
Dental Insurance Plan
The City shall pr for all employees in classifications represented in this
Memorandum of Understanding a dental plan of the City's choice. The City shall
pay up to the full family premium. The City may select an alternate dental
insurance plan provider during the term o f this M.O.U. providing that:
1. Any new plan maintains equivalent benefits to the employees; and
2. At least twenty -one 21 days advanced notice of plan changes are
provided to the Union.
20
Agenda Item 8.k.
Page 28
ARTICLE 11. HOLIDAY LEAVE
The following days shall be paid holidays for employees:
a. Independence Day
k. Labor Day
C. Veterans' Day
d. Thanksgiving Day
e. Day following Thanksgiving
f. Christmas Eve
g. Christmas Day
h. New Year's Eire
i. New Year's Day
j. Martin Luther Ding Day
k. Lincoln's Birthday
1. President's Day
M. Memorial Day
n. One day of Employee choice with Supervisor approval (Floating Holiday)
0. Every day designated by the President, Governor, o r Mayor for public
observance as a special, nonrecurring single event, such as the death of a
national leader or end of a war.
When any of the above - listed holidays fall on Saturday, it will be recognized on Friday.
If it falls on Sunday, it will be recognized o n Monday. For all employees who regularly
worked on Saturday and/or Sunday, the holiday will be specified by the above- listed
dates. In case a holiday falls on an employee's regularly scheduled day off, he /she
shall have the option to take such a holiday on an alternate day, as selected by the
employee and approved by the Department Director.
ARTICLE 12. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee
to annually return to his work mentally and physically refreshed.
B. Each eligible employee shall be required to have seared the equivalent of
one 1 year of continuous service in the City in order to e eligible for
his /her full annual vacation leave. However, in the event an employee s
chooses, he /she may, after six continuous months of service, take
vacation leave not to exceed five (5) working days, with the Supervisor's
approval.
D. Employees who terminate employment and upon return of all City - owned
property in good condition, shall be paid in a lump sum for all accrued
vacation leave earned prig to the date of termination.
21
Agenda Item 8.k.
Page 29
ARTICLE 12.
A
VACATION LEAVE (continued)
V acation leave with pay shall be earned by employees in accordance with
the following schedule:
AFTER: YEARS
DAYS
HOLES PER MONTH
01
10
6.67
02
12
8.00
03
13
8.67
04
14
9.34
05
15
10.00
06
15
1 0.00
07
16
10.67
08
16
10.
09
17
11-34
10
17
11.34
11
18
12.00
12
1
12.00
13
19
12.
14
19
12.67
15
20
13.34
E. If for any reason an employee bermes ill during a vacation, o in the case
where a holiday falls during a vacation period, the affected employee shall
be entitled to utilize such available sick o holiday leave in lieu of vacation
leave. The vacation period may be appropriately extended upon approval of
the Supervisor.
F. Vacation leave may be taken as it accrues. Vacation shall be scheduled at
the discretion and convenience of each individual employee, with the
consent of the Supervisor within the limitations necessitated by the
legitimate operational needs of the City.
G. In the event the scheduling preferences of two 2 or more employees
conflict, the preferences o f the more senior employee from dame of hire shall
govern, barring any unusual circumstances.
H. An employee must use a minimum o f 0% vacation leave earned each
calendar year during than same calendar year. The balance of the vacation
leave remaining unused during that same calendar year may be accrued.
Exception is made to this paragraph for all new employees commencing
City employment after December 31 of each year so that there is no
requirement upon a new employee to use a minimum o 0% o f vacation
leave earned by the first December 31' after employment commences.
22
Agenda Item 8.k.
Page 30
ARTICLE 12. VACATION LEAVE (continued)
1. Employees may accrue vacation leave up to a maximum of 225 hours. In the
event an employee's accrued vacation leave exceeds the maximum allowable
on .January 1, the employee shall be paid at his /her .January 1 hourly wage
rate for those hours accrued in excess f the maximum allowable. Upon
request of an employee, an exception t the accrual limit may be made upon
recommendation by the Department Director and approval by the City
Manager.
ARTICLE 13. SICK LEAVE
A. All full -time, permanent employees shall accrue one 1 working day of sick
leave with pay for each month o service. The maximum accumulation of
earned sick leave shall be 1,200 hours. An employee will not accumulate any
additional sick leave until such time as his /her accumulated balance falls
below 1,200 hours. Upon retirement an employee may choose to be paid
50% of his /her unused sick leave, to a maximum of 480 hours at his /her
current rate of pay. Upon retirement, unused accumulated sick leave may be
converted to PEES retirement credit per the City's contract with PEES. At the
end of each calendar year, each employee has the option of being paid
straight time for 25% o f his /her unused sick leave of that year, transferring it
to vacation, or leaving it in sick leave.
B. Employees may transfer sick leave on a vol untary basis to a fellow employee
who has exhausted all his /her sick leave and vacation leave due to an
extended illness o injury. The transfer shall be based on each employee's
hourly rate of pay and shall not exceed twenty -four 2 hours f sick leave
based o the hourly rate of pay of the receiving employee. The transfer shall
be requested o a form provided by the City, be completed by both
employees who mutually request such transfer, and submitted for approval t o
their Department Directors rs and the City Manager for final approval. The
requesting employee must indicate how many hours they will need for their
leave. The receiving employee shall not be obligated to repay any transferred
leave to the contributing employee, and contributing employee understands
that such transfer shall be deemed as if used and will be subject to all other
provisions applicable. Under no circumstances may the requesting employee
receive more donated hours in heir sick bank than actually used for their
leave.
Bereavement Leave
Permanent full -time employees shall be granted leave by their Department
Director whenever the affected employee has experienced a dearth in the
immediate family, defined as the spouse, the employee's o employee's spouse's
father, mother, brother o r sister, child or stepchild, grandparents, grandchildren,
sore -in -lave, daughter -in -law, "step" relatives as described above, aunt o uncle, or
any other person residing in the same household where attendance to the funeral
is necessary.
23
Agenda Item 8.k.
Page 31
ARTICLE 13. SICK LEAVE (continued)
13.1 Bereavement Leave (continuedr
� I
Such absence by the employee shall be limited to five working days per
occurrence o f paid leave. such leave is not chargeable against sick or vacation
leave. As a condition of granting leave for bereavement purposes, the appointin
authority may request verification of the loss.
In order to receive this benefit, domestic partners must be registered with the
Secretary of state.
13.2 Famillv Leave
A. An employee may take an unlimited amount of sick leave if required
to be array from the job to personally came for a member of his /her
immediate family, a defined in Article 13.2, Bereavement Leave,
subject to approval of the supervisor and verification of need.
B. Pursuant to the State and Federal Leave Acts, the following is
provided for a ll employees who have been employed a m of
twelve 12 months and have worked at least 1,250 hours during
the 12 -month period preceding leave:
1, Up to twelve weeks workday unpaid leave in ar twelve
( 1 2) month period. Intermittent leave is allowed.
ed.
2. Leave may be taken for: 1 birth of an came of newborn
child; 2 placement of child with employee for adoption or
foster came; 3 to care for spouse, child, or parent having
serious health condition; employee's own serious health
condition.
3. The employee's insurance, including medical, dental, vision,
and life insurance will be maintained under the same
conditions as if the employee were still working.
4 . Request for leave must be made 30 days prior to leave, if
foreseeable.
5 . Employee may use accrued vacation, holiday, or personal
leave du ring family leave. Sick leave may be used for
employee and/or immediate family illness or disability.
6 . Upon return to work, employee will be restored to same or
equivalent position with equivalent benefits.
All other provisions of the State FCLA and Federal FM LA apply.
24
Agenda Item 8.k.
Page 32
ARTICLE E '1 . LEAVES ES of ABSENCE
14.1
Medical Leave
Medical leave without pay may be granted for the purpose of recovery from
prolonged illness or injury or to restore health or for pregnancy upon employee's
written request to and approved by the Department Director and City Manager,
subject to submission of medical evidence satisfactory as establishing the
employee's medical need. During the approved leave period, the City will not
pay employee benefits; however, the employee may elect to maintain City
medical insurance coverage for employee and dependents at employee's sole
cost if such coverage of all individuals is in effect sixty days prior to leave
application to the City Manager.
14.2 Emernency Leave
Emergency leave without pay may be granted to any permanent employee who,
upon written request to and approved by the Department Director and City
Manager, demonstrates that the leave is necessary for personal reasons beyond
his /her control or will serve to improve his /her ability as an employee of the City.
Emergency leaves may be granted up to a maximum of one 1 year. Capon
expiration of an approved emergency leave, the employee shall be reinstated in
the position held at the time leave was granted. The leave period shall not be
credited to employee seniority or credited toward time served with the City.
Failure on the part of the employee on leave to report promptly at the leave's
expiration shall be cause for discharge. During the leave period the City will not
pay employee benefits; however, the employee may elect to maintain City
medical insurance coverage for employee and dependents at employee's sole
expense if such coverage of all individuals is in effect sixty days prior to
leave application to the City Manager.
14.3 Jury Duty
Employees shall be granted leave, with full pay and no loss in benefits, when
called for ju duty if the employee remits jury fees received for such jury d uty.
The employee may retain all travel pay or subsistence pay granted by the court
because of the employee's participation in jury duty. The employee shall be
responsible for notifying his /her supervisor as soon as possible upon receiving
notice to appear for jury duty, make even reasonable effort to Keep his /her
supervisor advised as to the anticipated length of service, and return to word
immediately following the end of jury duty service.
14.4 Military Leave
Every employee of the City shalt be granted military leaves of absence and other
benefits as provided in Division 11, Part I, Chapter V11 I of the Military and V eteran's
Code of the state of California.
25
Agenda Item 8.k.
Page 33
ARTICLE 14. LEAVES OF ABSENCE (continued)
14.5 Furlunh Days
The following days totaling t wenty -four hours shall be non -paid furlough days for
all employees:
a. December 27, 2011
b. December 28, 20
C . December 29, 20
Employees are not eligible to use sick, vacation, compensatory time pay,
personal days, bereavement, jury duty o other paid leave during these days.
With the paycheck beginning July 15, 2011, the enrage loss from the mandatory
furloughs will be distributed evenly over twenty -four consecutive paychecks in the
amount of a enrage reduction of one hour in pay per paycheck (for a total of
twenty -four hours). A separate side agreement will be established for the
administration of the furlough days.
ARTICLE 15. UNIFORM ALLO ANCE
The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for
employees in the following classifications
Maintenance W I, II, III Maintenance Services Supervisor
Fleet Maintenance Coordinator Maintenance a Services Lead Person
Sports Facilities Maintenance a 11 rker
Employees hired to fill newly- created classifications will also receive uniforms under this
section if the wearing of a uniform is required. Uniforms for the above- listed field
personnel are to be worn during work and may be worn to and from work.
15.1 Safety Shoes
Daring the term of this Agreement, the City shall provide one pair of safety shoes
to all knit employees, as listed in Article 15, per fiscal year to a maximum cost of
$150. The safety shoes shall be purchased during the month of August unless
deemed a necessity to be purchased before the month of August by the
Department Director and approval of the City Manager. The safety shoes must
be worn during all hours where there is a need for such shoes o as required by
the Department Director. A vendor to be used to make purchases of safety
shoes will be mutually agreed upon by the City and Union.
15.2 Safety Glasses
The City will provide safety prescription glasses and lens for those employees
who need them to carry out their tasks. The glasses will comply with OSHA
standards.
Agenda Item 8.k.
Page 34
ARTICLE 1 . RETIREMENT
16.1 PERS Retirement iremen contributions
1. A. 1. G.C. Section 21354.4. The PEES 2.5% at Age 55 Retirement Plan is
provided for non-sworn personnel. Employees will pay 2. 5 percentage
points of the employee's % PERS contribution and the City will pay the
remaining 5.5 percentage points up to July 21, 2011. Effective July 22,
2011, all employees will pay seven of the eight percent employee share of
CalPERS retirement benefit costs. The City will pay the remaining one
percent.
A. 2. G. C. Section 21354. Effective October 1, 2011, the PEES 2.0% at Age
Retirement plan will be provided for new employees. Ne w employees
will pay the full seven percent PEES employee shame.
B. G.C. Section 203 c pursuant to Section 201. Beginning in F'
2002 -2003 the City agrees than the employee portion of the PERS
contribution, made by the City, shall be reported to PEES as income. The
City will be responsible for the increased PEES contribution as a result of
the reporting change.
C. G.C. Section 21 024 and 21027. Employees may buy back, at their
expense, retirement service credit for prior military service as permitted by
PEES.
D. 1. GC Section 200 42. Retirement benefits are based on the highest single
year compensation.
D. 2. GC Section 20037. Effective October 1, 2011 for new employees,
retirement benefits are based on the highest average annual
compensation earrnable by ar member during three consecutive years of
employment.
E. GC Section 20965. Employees will receive credit for unused sick leave.
F. GC Section 21548. The spouse of a deceased member, who was eligible
to retire for service at the time of dearth, may elect to receive the Pre-
Retirement Optional Settlement 2 Death Benefit.
16.2 Retirement iremen Defined
Retirement is defined as the termination of employment at an age when the
employee would qualify for an allowance under the Public Employees Retirement
System PERS and the City's Personnel Regulations.
ns.
16.3 Re Medical
A. Employees who retire from City service will be allowed to purchase
medical insurance c through the City.
27
Agenda Item 8.k.
Page 35
ARTICLE 16. RETIREMENT (continued)
16.3 Retiree Medical (continued)
B. GC Section 22892. Effective January 1, 2009, the City's contribution shall
be an equal amount for both employees and annuitants, which shall be the
minimum contribution amount established by Ca lPERS on an annual
basis. During calendar year 2011, than amount shall be $108 per month
and calendar year 2012 s hall be $112. The City's contribution shall be
adjusted a'nnua'lly thereafter by the Ca lPERS B oard to reflect any change
in the medical care component of the Consumer Price Index, provided than
the City is participating in the Ca lPERS Health Plan.
C. Effective January 1, 2009, the City shall provide a s upplemental
contribution to employees than acre: 1 employed on ar full -time basis of
June 30, 2008 and who have been employed with the City on a full -time
basis for fire 8 years or more at the time of retirement; or 2 employed
on a full -time basis after June 30, 2008 and who have been employed by
the City on ar full -time basis for ten 10 years or more at the time of
retirement.
The supplemental contribution shall be equal to the difference between
the minimum contribution amount established by CarIPERS as set forth
above in Article 1 .3, Section B and the following amounts:
For single a'nnuita'nt coverage: $170.81
For annuitant + 1 dependent: $30'1.17
For a'nnuita'nt + 2 or more dependents: $368.24
ARTICLE 17. PROBATIONARY iAF PERIOD
All appointments, original and pro'motiona'l, shall be tentative and subject to ar
proba'tiona'ry period of twelve 12 months. The Department Director, with consent of
the City Manager, may extend the proba'tiona'ry period for specified cause(s), which
shall be provided in writing to the employee.
The probationary period shall be regarded as a part of a continuing testing process and
shall be utilized for closely observing the employee's work, for securing the most
effective adjustment of an employee to his /her newly appointed position, and for
rejecting any proba'tiona'ry employee whose performance does not meet the required
sta'nda'rds of work.
The Department Director, with the consent of the City Manager, may release a newly
hired probationary employee from City employment without cause at any time during the
probationary period.
The Department Director, with the consent of the City Manager, may remove
transferred or promoted employee from the position to which promoted without cause at
any time during the proba'tiona'ry period; in which event, than employee shall be
reinstated to his /her original position from which originally transferred or promoted.
28
Agenda Item 8.k.
Page 36
ARTICLE 1 . PROMOTION
Promotion of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed in the salary range of the new position which would
result in at least a five percent % increase in salary compared to the employee's
existing salary position. Promotion of the employee may be made with the consent of
the City Manager without testing or opening the position for consideration of all non-
employees. All current employees shall be given consideration for a position opening
that will be filled by promotion. An employee promoted to a new position shall serve a
twelve 12 month probationary period in that position. In the event the promoted party
is removed from the position to which promoted, the employee shall be considered
demoted but shall be returned to the range from which promoted. No change in step
shall occur as a result of an employee passing the promoted position probationary
period. A promoted em p lo yee shall retain his o r her salary anniversary dame held prior
to promotion. An employee's promotion date will become their anniversary date for the
purposes of performance evaluations and step increases.
ARTICLE 19. PROMOTIONAL P P F TU N ITI Es
A. Psti n
Promotional opportunities for classifications within the representation unit
will be posted for at least ten 1 working days (Monday through Friday)
prior to selection.
E. Selection
The selection proced for each promotional opening will be determined
and administered by the employing department in consultation with the
requesting department. Selection procedure and job description
information will be a#ta hed o incorporated into the job - posting notice at
the time of posting. Efforts will be made to standardize tests and
procedures where standardization is feasible and appropriate. Any tests
used shall be reasonably predictive of success in the classification; and
tests may not be biased with respect to race, sex, religion creed, political
affiliation, color, national origin ancestry, or age. Selection procedures
may include any o all o the following phases:
Application: Both inside and outside candidates will make
applications o forms specified by the employing
department. Applications mast be submi#ed to the
employing department.
2. Screening: Applications will be screened by the employing
department to ascertain whether candidates meet minimum
requirements as outlined in the job description. Applicants
screened out at this level will receive a writ en response
explaining such action.
Agenda Item 8.k.
Page 37
ARTICLE 19. PROMOTIONAL OPPORTUNITIES (continued)
3. Performance Testing: Performance tests, such as typing,
machinery or vehicle operation, shills, demonstration,
physical agility, etc., will be qualifying. Pass /fall points will
be announced in advance for qualifying tests.
4. Written Tests: llritten achievement or aptitude tests will be
qualifying. Pass fail points will be announced in advance for
qualifying tests.
5. Interviews/Appraisals: Interviews may be conducted
individually or by interview boards and will be qualifying.
Interview boards shall be composed of qualified and
unbiased people. If individual interviews or an interview
board is used, ar majority of the individuals or board
members must recommend a candidate in order for the
candidate to qualify for appointment.
C. Recommended mended Candidartes
Candidates who successfully complete all phases of the selection
procedure will be recommended to the Department Director and/or City
Manager.
D. Armointment
The Department Director and/or City Manager will make appointments
from among those recommended candidates who are most qualified as
determined by objective review of selection procedure results and
background materials.
ARTICLE MAINTENANCE Af CE 11OR EF JOB SERIES
The Maintenance Worker job series shall be ar flexibly staffed classification. Movement
within the series shall not require an examination or certification to a list of eligibles.
Movement within the Maintenance Worker series shall be as follows:
1. Employees shall be flexed to Maintenance Worker II after one 1
year of service as a Maintenance porker I, contingent upon
satisfactory performance.
2. Employees shall be fleeced to Maintenance Worker III after no less
than three 3 years but no more than four years of service as a
Maintenance Worker li, contingent upon satisfactory performance.
3. Satisfactory performance shall mean the employee's annual
Performance Review is sufficient to allow the employee a merit
salary increase.
30
Agenda Item 8.k.
Page 38
ARTICLE 21. ENGINEER JOB SERIES
The Engineer job series shall be a flexibly staffed classification. Movement within the
series shall not require an examination r certification to a list of eligibles. Movement
within the Engineer series shall be as follows:
1. Employees shall be fleeced to an Associate Engineer after
completion of Step E of the Assistant Engineer salary range,
contingent upon satisfactory performance and meeting the job
requirements for an Associate Engineer.
2. Employees shall be fleeced to a Senior Engineer after completion of
Step E of the Associate Engineer salary range, contingent upon
satisfactory performance and meeting the job requirements for a
Senior Engineer.
3. Satisfactory performance shall mean the employee's annual
Performance Review is sufficient to allow the employee a merit
salary increase.
ARTICLE 22. TRANSFERS
Transfer o an employee to a position within the employee's current range shall not
affect the employee's salary rate. Transfer of an employee to a position within a higher
range shall be considered a promotion. Transfer of an employee to a lower range shall
be considered a demotion.
ARTICLE 23. DEMOTION
Transfer of an employee to a lower class shall result in reduction of salary. The
employee's salary shall be placed in the identical step In the lower class that the
employee enjoyed in the class from which demotion was made.
Demotion can be made for cause, except for demotions from probationary positions.
Cause shall be provided to the employee in writing by the Department Director prior t o
any action taking place. Demotion for disciplinary reasons may be appealed through
the grievance procedure by the demoted employee. Demotion for other reasons is not
appealable.
ARTICLE 24. LAYOFFS AN DISPLACEMENT
La f fs
Whenever, in the judgment of the City, it becomes necessary to make a reduction in
force whenever possible said reduction shall be accomplished through attrition.
Layoffs shall be made by classification and may be department -wide or by division,
program, or function.
Workers subject to a reduction in force shall be given at least forty -five working
days' notice prior to the effective date of the layoff. The notice shall contain the
information required in Section X. "Layoff Procedure" of the Personnel Regulations.
1
Agenda Item 8.k.
Page 39
ARTICLE 24. LAYOFFS AND DISPLACEMENT (continued)
The Union shall receive concurrent notice and shall be granted an opportunity to meet
and consult with the City to discuss proposed alternatives to a red uction in force.
Permanent furl- time employees and permanent part-time employees shall be
considered separately when the order of layoff reaches C. and D. below. Nothing
herein is intended to require a preference for or against either full -time or part -time
permanent employees in the order of layoff.
When one or more workers performing in the same class in a City department is to face
a reduction in force, that worker's most recent annual evaluation and seniority shall be
used to determine the order of layoff pursuant to the following procedures:
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first);
B . Probationary employees in inverse order of seniority;
C. Permanent employees whose most recent annual evaluations were below
satisfactory in inverse order of seniority; and
D. Permanent employees in inverse order of seniority.
"Seniority" for the purposes of this Article shall be defined as the length of service as a
permanent full -time employee with the City. When determining seniority for permanent
full -time positions within a classification subject to layoff, only permanent full -time
service shall be considered.
Displacement:
Permanent full -time employees subject to layoff shall have the right to displace an
employee in the same classification in any Department of the City or in a different class
within the City with the same or lover salary range provided, however, that:
'I. The employee subject to layoff has greater seniority than the employee
being displaced and was rated at a minimum of competent satisfactory in
his /her latest evaluation.
2. If the displacement is to a different class, it must be a class in the same
occupational series as determined by the City with the concurrence of the
Union or, to a class previously held by the employee as a permanent full -
time employee of the City.
If a position in the laid -off employee's classification, or a similar position in a
classification for which the City determines the former employee is suited, becomes
available within twenty -four 24 months of layoff, said former employee shall be
32
Agenda Item 8.k.
Page 40
ARTICLE 24. LAYOFFS AND DISPLACEMENT (continued)
recalled and offered the position in the inverse order of layoff. If a job in a lower paid
classification becomes available within t wenty -four 24 months, the City shall review
the previously laid -off employees' qualifications. If such laid -off former employees are
qualified in the judgment of the City, he /she may fill the slot(s) until his /her former
position becomes available, if ever.
ARTICLE 25. PERSONNEL RECORDS
An employee or his /her designee may inspect his /her personnel file and obtain copies of
any and all items in that file at employee expense. An employee may have placed in
his /her personnel file any signed and dated statement of clarification or disagreement to
any item or article contained within her /her personnel file.
Personnel files include those files maintained by the immediate supervisor or other
administrators supervisors involved in employee evaluations, as well as the central
personnel file.
A supervisor's personal notes shall not be considered a part of the personnel file.
ARTICLE 26. RESIGNATION
An employee wishing to leave his /her employment with the City in good standing shall
file with his /her supervisor a written resignation stating the effective date of his /her
resignation and the reasons for leaving.
The resigning individual shall file such written resignation at least two 2 weeks in
advance of the effective termination date and participate in an exit intervie w conducted
by the City prior to issuance of the final paycheck.
ARTICLE 27. OUTSIDE EMPLOYMENT
No full -time employee shall engage in outside employment or an enterprise that his /her
Department Director and/or the City Manager may find unsuitable and in conflict with
their municipal duties or responsibilities or that lessens their effectiveness as a City
employee.
ARTICLE 28. POSITION VACANCIES
Should the City determine that a vacancy will not be filled, such determination shall be
made within 120 working days of the date upon which the worker vacated the position.
Upon said determination the City will notify the workers in the affected department and
the Union.
M]
Agenda Item 8.k.
Page 41
ARTICLE 2 . POSITION CLASSIFICATION
Classification Changes: Daring the course o f this M. . U., the City shall notify the
employee concerned in case of contemplated change in job content as contained in the
classification descriptions that were in effect at the beginning of the agreement.
Working Out of Classification: The terra "working out of classification" is defined as a
Management-authorized, full -time assignment to a budgeted position on a temporary
basis, wherein all significant duties are performed by an individual holding a
classification within a lower compensation range. Pay for working out of classification
shall be as follows:
A. Employees appointed to unfilled positrons on an "out of classification
basis will receive acting pay within the range of the higher classification
beginning the first day of the assignment
B. Employees appointed to a position for vacation, sick leave, o other leave
of absence co verage will receive acting pay within the range of the higher
classification after fire consecutive work days o f assignment in the
acting position.
Such acting pay shall be a minimum of fire percent % over the
employee's current salary.
"Out of classification" provisions do not apply to work assignments
performed in connection with specific predetermined apprenticeship or
training programs or declared conditions of emergency and/or disaster.
ARTICLE 30. PROFESSIONAL DEVELOPMENT
A. For that training o certification which is required by job specifications,
legal mandates, and/or which is required by the City, the City will provide
for such training and/or certification, including providing City time to attend
the training and to pay for costs associated with the training.
1. This section does not apply to training co urses and/or certifications
required for advancement/promotion to a new position.
B. For that training or certification which is encouraged by the City in support
of identified programs, the City will provide for such training and/or
certification including providing City time to attend the training and to pay
for costs associated with attending the training, provided that the program
for which the training and certification is related remains in operation
and that funds for such training are included in the current City Budget.
34
Agenda Item 8.k.
Page 42
ARTICLE 30. PROFESSIONAL DEVELOPMENT (continued)
C. The City will maintain training certificates, special licenses, and other
related documentation related to an employee's professional development
in the employee's City personnel file. In addition, an employee may
submit for inclusion into his /her City personnel file documentation for
completion of training related to the employee's duties and responsibilities,
special licenses, or for collegiate courses and/or degrees earned which
the employee completed outside of the workplace. The policy /procedure
for requesting and attending training shall be as provided in Section C-
009, Travel Policy, of the City's Administrative Policy and Procedure
Manual.
ARTICLE 31. UNIT ASSIGNMENTS
Any new permanent full -time job classification which does not fall under the City's
management criteria or who is represented by the Arroyo Grande Police Officers'
Association shall be represented by the S.E. I. U.
ARTICLE 32. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS
All benefits, terms and conditions of employment enjoyed by unit employees as of ,July
1 2005, and any side letter agreements reached after that dame, shall remain in full
force and effect unless modified by a subsequent Memorandum of Understanding or by
mutual agreement, in writing, of the parties.
ARTICLE 33. M. .u. IMPLEMENTATION
N
Both parties agree that the terms of this Memorandum of Understanding supersede
provisions of all other practices, Memorandum of Understanding, resolutions, and rules
of the City than conflict with provisions of this Agreement.
ARTICLE 34. OBLIGATION TO MEET AND WAIVER CLAUSE
Except a otherwise expressly provided in this Agreement or, where the parties
mutually agree to meet and confer on a matter, the City and the Union expressly waive
and relinquish the right, and each agrees than the other shall not be obligated to meet
and confer with respect to any subject or matter, including mandatory subjects of
negotiation, whether or not referred to in this Agreement.
ARTICLE 35. SAVINGS CLAUSE
Should any provision of this Agreement be held inoperative, Void, or invalid by a Court
of competent jurisdiction, the remaining provisions of this Agreement shall not be
affected thereby, and the parties shall met and confer for the sole purpose of arriving
at a mutually satisfactory replacement of such provision.
Agenda Item 8.k.
Page 43
ARTICLE 36. POLICY CONFLICTS
The policies and provisions contained herein shall supersede, in all material respects,
all conflicting o inconsistent policies and provisions contained in the City o Arroyo
Grande Personnel Regulations n and the City o Arroyo Grande Administrative Policies
and Procedures.
REPRESENTATIVES OF
CITY OF ARROYO GRANDE
[1T.'%I=;
STEVEN ADAMS
CITY MANAGER
KAREN SI SIPCO
CITY NEGOTIATOR
REPRESENTATIVES OF
ARROYO GRANDE CHAPTER
SEIU — LOCAL 620
DATE:
MIKE WOODS
SEIU CHIEF NEGOTIATOR
PAUL AAARSALEK
SEIU NEGOTIATOR
PETER AAC LU RE
SEIU NEGOTIATOR
CAAAELA SCHAAF
SEIU NEGOTIATOR
36
Agenda Item 8.k.
Page 44
Exhibit "A"
E
3067
3'142
3223
3301 Office Assistant I
3385 Account Clerk 1
3469 Maintenance Worker I
3557
3644 Office Assistant 11
3737
3828 Maintenance Worker 11
Recreation Coordinator
3926 Account Clerk 11
4025
4125
4230 Senior Accounting Clerk
4334 Admin. Secretary
Maint. Worker III
Sports Facilities Coord.
4443
4552 Water Services Worker
4668
4782
Agenda Item 8.k.
Page 45
CITY F ARROYO GRANDE
SCHEDULE
OF
SALARY RANGES
-SEIU
7/1/2011
RANGE
A
B
C
D
11
2524
2650
2784
2920
12
2584
2715
2851
2995
13
2651
2785
2922
3068
14
2716
2852
2996
3144
15
2787
2924
3070
3225
1
2853
2997
3146
3303
17
2927
3071
3226
3386
18
2998
3147
3305
3472
1
3072
3227
3388
3558
20
3150
3307
3474
3647
21
3228
3390
3561
3740
22
3310
3477
3651
3831
23
3392
3564
3743
3929
24
3479
3654
3837
4027
25
3565
3744
3930
4131
26
3655
3839
4028
4231
27
3747
3933
4133
4336
8
3841
4031
4233
4445
29
3935
4135
4339
4554
E
3067
3'142
3223
3301 Office Assistant I
3385 Account Clerk 1
3469 Maintenance Worker I
3557
3644 Office Assistant 11
3737
3828 Maintenance Worker 11
Recreation Coordinator
3926 Account Clerk 11
4025
4125
4230 Senior Accounting Clerk
4334 Admin. Secretary
Maint. Worker III
Sports Facilities Coord.
4443
4552 Water Services Worker
4668
4782
Agenda Item 8.k.
Page 45
Exhibit "A"
E
4908 Ilaint. Services Lead Person
Fleet Ilaint. Coordinator
5024
5152
5281
413 Recreation Supervisor
5548
5686 Ilaint. Services Supervisor
5880
5975
124
6277
6488
6593
6758 Associate Engineer
6928
7101
7282 Senior Engineer
7468
7652
Agenda Item 8.k.
Page 46
CITY F ARROYO GRANDE
SCHEDULE
OF
SALARY RANGES-SEIU
7/1/2011
RANGE
A
B
C
30
4088
4286
4448
4670
81
4136
4840
4558
4788
82
4288
4450
4672
4906
33
4842
4560
4790
5082
84
4452
4675
4909
5156
35
4562
4798
5084
5288
36
4678
4911
5158
5416
87
4795
5086
5285
5558
38
4914
5163
5418
5688
39
5088
5287
5556
5832
40
5164
5420
5691
5977
41
5290
5558
5886
6127
42
5424
5694
5980
6281
48
5561
5842
6130
6438
44
5699
5985
6286
6598
45
5846
6186
6444
6768
46
5989
6292
6608
6934
47
6138
6446
6769
7108
48
6296
6610
6941
7288
E
4908 Ilaint. Services Lead Person
Fleet Ilaint. Coordinator
5024
5152
5281
413 Recreation Supervisor
5548
5686 Ilaint. Services Supervisor
5880
5975
124
6277
6488
6593
6758 Associate Engineer
6928
7101
7282 Senior Engineer
7468
7652
Agenda Item 8.k.
Page 46
C
INCORPORATED 7
JULY 10, 11) 11
F Vt t MEMORANDUM
TO: CITY COUNCIU E E EL PME IT AGENCY BOARD OF DIRECTORS
FROM: ANGELA K AETSCH, DIRECTOR OF A MI IISTATI E SEF ICE
SUBJECT: CONSIDERATION OF FY 2011-12/ FY 2012-13 BIENNIAL BUDGET
DATE: JUNE 28 2011
RECOMMENDATION:
I' :
It is recommended the City Council adopt the ar ar hed resolution approving the F
2011 -12 Budget.
FINANCIAL IMPACT:
The total citywide budget for FY 2011 -12 is $22,906,693 and $24,349,769 for FY 2012-
13. The total General Fund budget is $1 3,428,698 for FY 2911 -12 and $1 3,840,575 for
FY 2012-13.
B ACKGROUND:
The City Council held budget workshops on February 'I ts `, Mar h 2 ��', and May 26
.
A t the February 17 workshop, staff presented recommendations, and the Council
provided direction, on budget gnarls. At the March 24 workshop, staff recommended
mended
s trategies for addressing the General Fund shortfall, projected at that time in the range
o f $700,000 t $950,000. The primary strategies agreed upon included: 1 use of
reserves above the 15% minimum; and 2 concessions from labor organizations. At the
May 26 workshop staff presented the Preliminary FY 2011 -12 FY 2012 -13 Biennial
Budget documents for the Council to review.
As presented, the second year o f the budget relies m o reserves than i
recommended. Therefore, the Budget document includes both furl years in order to:
(1) determine the amount of the deficit in the General Fund for the second year and 2
s treamline the budget process for FY 2012 -13. However, the City Council is only being
requested to appr the first year o f the budget.
Agenda Item II.a.
Page 1
CITY COUNCIL
FY 2011-12 FY 2012-13 BIENNIAL BUDGET
JUNE 2 , 201'1
PAGE 2
ANALYSIS OF ISSUES:
Staff has developed ar budget that relies on ar combination f employee concessions and
use of reserves. Of the $760,000 shortfall, $350,000 is projected from reserves and
$410,000 from employee concessions. This will maintain service levels, address the
increased costs of employee s alary and benefit costs, minimize impacts on staff, and
limit the structural budget deficit to an amount that can continue to be feasibly managed
in the future. Assumptions regarding concessions are barred upon prior City Council
direction at the budget workshops. Neg tiarti ns with unions are anticipated to be
completed within the next fever weeks.
Strategies sufficient to balance both years of the two-year budget without overreliance
on reserves have not been identified at this time. Therefore, it is recommended the City
Council adopt a one -year budget for FY 2011 -12, while identifying and developing
strategies for long -term savings over the next 12 -month period. This will also enable
the City to obtain better information on the future direction of the economy, which at this
time has ar high level of uncertainty.
Budgets for all funds are incorporated into the document. The FY 2011 -12 proposed
budget is balanced, will continue to fund the high quality of services provided to the
community, and will ingest in the future through capital improvements and maintenance
activities.
The budget recommendations incorporate ar balanced and responsible approach to
meeting the City's short and long -term needs in a cost effective manner. The Biennial
City Budget is n important document because it serves as staff s recommendation, and
ultimately Council's direction, for the work program for the upcoming two-year period. It
also represents the collective recommend art ion o the executive team.
The Biennial Budget was developed by incorporating budget goals and priorities
recommended by staff and approved by City Council prior to the beginning of the
budget process. These priorities were used as the basis for evaluating requests and
developing recommendations. A ll budget priorities established have been addressed in
the budget recommendations.
Water Rind
The projected year-end fund balance is $11,129,367 for FY 2011-12 and $11,199,136
for FY 2012-13, which meets the City's policy gnarl of 60 days perarti na l costs plus
$500,000. However, once the amount for fined assets f $9,520,956 is subtracted, the
projected amounts are $1,608,411 for FY 2011-12 and $1,678,180 for FY 2012-13.
Therefore, reserves may fall below the City's policy goal if water usage continues to
decrease. Projects have been delayed, operational costs held constant, and one
maintenance worker position held vacant to maintain the necessary reserve amount.
Costs for water conservation ardmini trarti n have been transferred from the Water
Neutralization Fund to the Water Fund dine to the depletion of the Water Neutralization
Agenda Item 11.a.
Page 2
CITY COUNCIL
FY 2011 -1 FY 2012-13 BIENNIAL BUDGET
JUNE 28,2011
PAGE
Fund. Despite the delay in capital improvements, a relatively aggressive capital
improvement program is recommended.
Severer Fund
The projected ending fund balance is $114,100 in FY 2011 -12 and $328,900 In FY
2012-13, both of which are well below the City's reserve policy of 60 days operating
expenses plus $500,000. Revenues have decreased significantly due to reduced water
usage since rates are largely based on water consumption. Capital projects have been
delayed and operational costs held constant in o rder to maintain a positive fund
balance. Reserve amounts will need to be addressed during the next fee study.
Despite the delay in capital improvements, a relatively aggressive capital improvement
program is recommended.
Redevelopment pment Agency Fund
The Redevelopment pment Agency Administration Fund remains balanced, but most revenues
have been allocated. Expenditures include ongoing operational costs for staff and
consultants, the El Camino Real Rehabilitation Project, the Le Point Street Parking Lot
Expansion, and design costs for the Police Building. Any additional revenue will be
recommended to be allocated for upgrade of the Car Corral and additional expenses
related to the Police Building project. Additional funding is available for another
affordable housing project.
Bills were recently approved by the Legislature to eliminate redevelopment, but not yet
signed by the Legislature. If these proposals are adopted, the California
Redevelopment Association (CRA) will likely pursue legal action since cities and the
legislative counsel have both determined it to be unconstitutional. If the State is
successful in eliminating redevelopment, it would result in elimination of all economic
development efforts, participation in the San Luis Obispo County Economic Vitality
Corporation, San Luis Obispo County V isitors' and Conference Bureau San Luis
Obispo County Dousing Trust Fund, funding for capital improvements, and funding for
assistance to housing and commercial projects. The General Fund will also be
impacted by an estimated $328,000 through the reduction o revenue for staffing and
transfer costs. If this were to happen, it would likely not be resolved until well into the
fiscal year. Therefore as a contingency plan, staff recommends a combined strategy of
delaying capital projects, utilizing a portion of Local Sales Tax funds, and increasing use
of reserves in FY 2011 -12. The additional revenue reductions would then need to be
add ressed through additional budget reductions in FY 2012-13.
bevel gment Impact Fee Accounts
Development impact fee accounts are established to fund upgrades in public facilities
through fees on development projects. These accounts have experienced a significant
reduction in ongoing revenues due to the impact of the economy on new development,
which has in turn affected the City's ability to fund major capital improvements. Each of
the funds remains balanced. Projected expenditures and fund balances are as follows
Agenda Item II.a.
Page 3
CITY COUNCIL
FY 2011-12/ FY 2012 -1 BIENNIAL BUDGET
JUNE 28 2011
PAGE 4
Fee
FY 2011 -12
Fire Protection
$0
Police Protection
$0
Park Development
$0
Park Improvement
$45,000
Community Center
$0
Traffic Signalization
$0
Transportation Facility
$0
Water Neutralization
$181,100
Affordable Housing
$0
FY 2012 -13
Balance
$0
$71,062
$0
$66
$0
$439,211
$45,000
$18,792
$0
$26,931
$200,000
$315,273
$130,000
$1,238,696
$169,400
$72,534
$0
$979,670
Streets (Caps Tax ) Fund
Staff is anticipating an increase in Caps Tax and Local Transit funds. This has reduced
the amount f Local sales Tax funds budgeted to pay for staff and materials for ongoing
street repairs.
Capital Improvement Program
Despite operational funding constraints, it is recommended to maintain use of Local
Sales Tax funds primarily for capital improvements. As a result, the budget
recommendation continues a substantial investment in transportation, street, drainage,
creek, street tree, and public safety facility and equipment improvements. Highlights
include: design of the Brisco Road Interchange improvements; resurfacing of the Traffic
Way extension; an increase in street, sidewalk and street tree maintenance; matching
funds for creek p reservation grant applications; the majority of ongoing funding
necessary to finance the Police station project; lighting of Don Roberts Field;
completion of the El Camino Real rehabilitation project; signarli anti n of East Grand
Avenue and West Branch street; resurfacing of the Greenwood tract; drainage
improvements at Miller Way and Platin Lane; replacement of severer Lift station No. ;
upgrade of Reservoir it and Oro Booster station; and Reservoir #7 construction. The
Capital Improvement Program recommendations reflect the agreed upon 5-year
expenditure plan for the Local sales Tax funds and goals outlined at the February 17 th
Budget Workshop.
ALTERNATIVES:
ES:
The following alternatives are provided for the Council's consideration:
Adopt resolution approving the FY 2011 -12 Budget;
Modify and approve F 2011 -12 Budget;
- Do not approve the FY 2011 -12 Budget;
-
Provide direction to staff.
Agenda Item II.a.
Page 4
CITY COUNCIL
FY 2011-12/ FY 2012-13 BIENNIAL BUDGET
,JUNE 28 2011
PAGE 5
ADVANTAGES:
Based on current projections, the proposed recommendations mendations will maintain a balanced
budget and appropriate General Fund reserve for FY 2011 -12. Adequate service levels
will be maintained, while providing time to develop strategies to address future projected
shortfalls.
DISADVANTAGES:
The proposed budget relies on negotiated concessions with employee unions, will utilize
reserves, and will leave a projected shortfall in FY 2012-13 that will need to be
addressed during the upcoming fiscal year.
In addition, a number of concerns exist that could further negatively impact revenue
projections and status of the proposed budget. These include the following
Financial impact of changes to the State budget which includes the termination of
the City's Redevelopment Agency);
Future increases to PIERS retirement rates.
ENVIRONMENTAL E IEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, June 23, 2011 and on the
City's website on Friday, June 24, 2011. No comments were received.
Attachment:
1. City of Arroyo Grande FY 2011-12/2012-13 Biennial Budget on fife in the
Administrative Services and City Clerk Departments for public revie w
Agenda Item II.a.
Page 5
RESOLUTION N ,
A RESOLUTION F THE CITY COUNCIL OF THE CITY OF
ARROYO F ANDE ADOPTING FISCAL YEAR 2011 -1 F
THE FISCAL YEAR 2011-12 2012-13 BIENNIAL BUDGET
AND MAKING APPROPRIATIONS FOR THE AMOUNT
BUDGETED
WHEREAS, a proposed Biennial Budget for the City of Arroyo Grande for the Fiscal Years
commencing July 1, 2011 and ending June 30, 2012 and commencing July 1, 2012 and
ending June 3, 2013 was submitted to the City Council and is on file with the Director of
Administrative Services; and
WHEREAS, EAS, the City Council also serves as the Redevelopment pment Agency Board of
Directors; and
WHEREAS, by adopting this budget the Agency finds that the planning and administrative
expenses charged to the Lover and Moderate Income Housing Fund are necessary for the
production, improvement, or preservation of low-- and moderate - income housing. HAS
Code 3333.3d; and
WHEREAS, proceedings for adoption of said Budget have been duly taken; and
WHEREAS, EAS, the total budget for FY 2011-12 is $22,906,693.
NOW, , THEF EF F E, THE CITY COUNCIL OF THE CITY OF ARROYO F ANDE DOES
RESOLVE As FOLLOWS:
SECTION 1. The Budget is adopted as the Biennial Budget for the City of Arroyo Grande
for the Fiscal Year commencing July 1, 2011 and ending June 30, 2012.
SECTION 2,, At the close of each Fiscal Year, unexpended appropriations in the Operating
Budget will be carried forward to the next fiscal year a . s necessary to underwrite the
expense of outstanding purchase commitments. Unexpended appropriations for
authorized, but uncompleted projects as approved by the City Council may be carried
forward to the next succeeding Budget upon recommendation by the Administrative
Services Director and approval of the City Manager.
On motion of Council Member seconded by Council Member , and on
the following roll call Vote, to grit:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
the foregoing Resolution was passed and adopted this day of , 201 1.
Agenda Item II.a.
Page 6
RESOLUTION N .
PAGE 2
TONY FER AF A, MAYOR
ATTEST:
KELLY 1 ETMO E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL., CITY ATTORNEY
Agenda Item II.a.
Page 7
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item II.a.
Page 8
CITY F
}
}
MEMORANDUM
T# CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
TIMOTHY J* CARMEL, CITY ATTRNE
SUBJECT: SUPPLEMENTAL INFORMATION
JUNE 28, 2011 CITY COUNCIL AGENDA ITEM! 8.h. — CONSULTANT
SERVICES AGREEMENT WITH THE WALLACE GROUP
DATE: JUNE 28,2011
Attached are recommended modifications to Section 1 TERM and Section 11
(INDEMNIFICATION) in the Agreement for Consultant Services between the City and
The Wallace Group. As indicated in the staff report, unless otherwise directed b y the
City Council, staff will issue a Request for Proposals for consulting engineering services
in approximately sic months.
In addition, an incorrect fee schedule was included in the Agreement in error. Attached
is a corrected Exhibit B. These are rates charged since 2008 and do not represent any
increase in the contract cost.
c: Community Development Director
City Clerk
1. TERM
This Agreement will become ff tiv on the date set forth above and will
continue in effect until terminated as provided herein.
11. INDEMNIFICATI
(a) Indemnification for Professional Liability When the law establishes
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents "Indemnified Parties" from and against any and
II losses, liabilities, damages, costs and expenses, including attorney's fees and costs
to the extent same are caused in whole or in part by any negligent or wrongful act, error
or omission of Consultant, its officers, agents, employees or subcontractors or any
entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this agreement.
(b Indemnification for other Than Professional Liability other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions,, arbitration proceedings, administrative proceedings, regulatory proceedings,
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 war attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
( c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section
from each and e very subcontractor or any other person or entity involved bar, for, with or
on behalf of Consultant in the performance of this agreement. In the event Consultant
fails to obtain such indemnity obligations from others as required here, Consultant
agrees to be fuller 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 war act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth here is binding on the successors, assigns or heirs of
Consultant and shall s urvive the termination of this agreement or this section.
(d) To the fullest extent permitted by law, Consultant shall indemnify, protect,
defend and hold h 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 which arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant.
"Exhibit B"
Schedule of Fees
Personnel Hourly Fates
Engineering Services:
Prevailing Ware
Principal ........................... .......... ............................. ............... 160
Principal Engineer .................................... . %............................. 150
Director of Civil Engineering .......................... ............................... 1
Director of Mechanical Engineering
..... . ......... . ........... ................. $140
Director of Water Resources urces ... ................... .................. ...........$140
Wetlands Specialist .......... . ....... . .................... ........................... $145
Senior Civil Engineer 1 — 11 ...................
.................. . ........ . ......... $130-$135
Senior Mechanical Engineer I - II ..... ......... ........, ......., .............$130-$135
Civil Engineer I — ill . ....... . ................... ......... ......... ................ $110-$12
Senior Civil Designer I — II ..............................
......... ...................$120-$125
Engineering Associate I — V ... ............................... ...................... $ 90-$115
Project Analyst I - 111 ............. ......... ............................ ............... $ 75-$110
Engineering Assistant l - III ..............................
. ........ . ................ 60-$ 5
Administrative Assistant I - III .........................................................
58-$ 3
Surveying Services
Director of Surveying .......... .................... ............................... ...$140
Senior Land Surveyor 1 - 11 ......... ......... .......... ........ ...................$130-$135
$140
Land Surveyor I — II .... . .............................. ......... ..................... .$115-$120
Survey Associate I - V ........ ....... .. ................... ..................... ....
go-$115
Three Man Survey Crew ... ........................... ...... ...........................$235
........ . ........................ .........$280
Two -Man Survey Crew . ............................... ........... .........., .....
$170 ......, , ..........., .................. 195
Two -Man GPS Survey Crew . .......... ....................... .......... ........1
........ ................................... $230
One -Man GPSiF b t Survey Crew ................. ...........................$155
...... ..................................... $150
GIS Specialist .......... .... ............................... .. ...........................$110
GIsTech .......... ** ........... * ........... * * ............ ... ................._.............
0
Surveying Assistant I - III ........................... ...............................
60-$ 5
Planning nin Services
Directorof Planning ....... ............................... ...........................$140
Consulting Planner .......... . . ....................... ...............................
$140
Supervising Planner ..... ............. ................... ...........................$135
Senior Planner I - II„ ....... ............................... ........ .................$130-$135
Associate Planner I — III ................ .. ............... . ............ * ............... 4 * - %$
90-$115
Planning Designer I - 11 .......... .... ............................... ................
- 35
Planning Assistant l - III .......... ............................... * *.................. i
- 5
Landscape Ar i ec ure Services:
Director of Landscape Architecture .......... ...... ...........................$140
Senior Land cape Architect I - II ...... ............................... ...........$125-$130
Landscape C n truct on Specialist ............................. ................$115
Landscape Architect I # 11 ........ .... ............................... ................$110 -$115
DesignerI — V .......... ............................... .. ............. . ............... 90-$115
Landscape Architecture Assistant I - III . .. . . .. ............ . ................. - 5
WALLACE GROUP 71 - Effective
January 2008
Construction M anagement / Field Inspection Services Prevailing Wage
Director of Construction Management ............. ............................... $140
Expert 'llitn ............................................. ............................... $259
ResidentEngineer ....................................... ............................... $117 ............ ............................... +1
Construction Administrator ............................ , ............................. 9
EngineeringInspector ...................................... ............................... 9 ................. ...,....,,.,............., $129
Project Analyst l - III ........................................ ............................... 75-$110
Administrative Assistant l - III . . . . . . . . . . .............................. . .............. -
Public Works Administration Services
Senior Project Manager ................. . ............... ............................... 1
Senior Engineer l- II .......... ............................... ............................... $130-$13
Senior Right-of-Way Agent ....... . ............................... . .................... 1
General Manager ........ ................. ............................... , ............'1 +1
Project Analyst I - III ........................................ ............................... $ 75-$110
Administrative Services
Senior Financial Analyst ......... ............................... .........................$1'19
Financial Analyst l — ll .............................................. *.,................... - 9
Administrative Assistant I- 111 ......................... ............................... -
Direct Expenses:
Reimbursement of direct expenses incurred in connection with the project scope of work will be
invoiced to the client. A handling charge of 15% may be added to the direct expenses listed below.
Direct expenses include, but are not limited to the following:
travel expenses (automobile/ long distance telephone /fax
lodging/ meals) postage /delivery service
professional sub - consultants special materials
county /city fees blueprints
document copies photographs
Invoicing and Interest charges:
Invoices are submitted monthly on an accrued cost basis in accordance with this Fee Schedule. A
finance charge of 1. % per month (18% per annurn will be assessed o n all balances that are thirty
days past due.
Fee Revisions:
1laI lace Group reserves the right to reprise cur Schedule o Fees on a semi - annual basis, and also to
adjust hourly prevailing wage rates up or down) as the Mate establishes rate changes. As authorized
in advance by the client, overtime on a project will be billed at 1. times the normal employee's hourly
rate.
Personnel classifications:
Wallace Group may find it necessary to occasionally add new personnel classifications to our Schedule
of Fees,
Mileage:
Wallace Group charges $0.60 per mile.
WALLACE GROUP 71 - Effective
January 2008