Loading...
Agenda Packet 2011-10-25 Ci ty Council Steven Adams, City Manager Timoth y J. Carmel , City Attorney Kelly Wetmore, City Clerk Tony Ferrara , Mayor Caren Ray , Mayor Pro Tem Joe Costello , Council Member Jim Guthrie , Co unci l Member Tim Brown, Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, OCTO BER 2 5 , 20 1 1 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER : 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE : MAYOR FERRARA 4. INVOCATION : PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS : None. 6. AGENDA REVIEW : 6a. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. Agenda AGENDA SUMMARY – OCTOBER 25, 2011 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS : This public comment period is an invitation t o 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 tak ing 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 de sire 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 who le 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 consider ation 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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit di scussion or change the recommended course of action.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 C ash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursemen ts for the period October 1 , 20 1 1 through October 15 , 20 1 1 . 8.b. Consideration of S tatement of Investment Deposits (KRAETSCH) Recommended Action: Receive and file the report listing the current investmen t deposits of the City, as of September 30 , 2011 , as required by Government Code Section 53646(b). 8.c . Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of October 11 , 2011, as submitted. 8.d . Consideration of Resolutions Designat ing Landmark Trees (PERRIN) Recommended Action: The Parks and Recreation Commission recommends the City Council : 1) Adopt a Resolutio n designating a Coastal Live Oak located at 202 Avenida de Diamante as Landmark Tree #11 -66 ; and 2) Adopt a Resolution desi gnating a Jacaranda located at 404 East Branch Street as Landmark Tree #11 - 67 . AGENDA SUMMARY – OCTOBER 25, 2011 PAGE 3 8. CONSENT AGENDA (cont’d): 8.e . Consideration of a Resolution Accepting Easements and Public Improvements Located at 263 Spruce Street; S&S Homes of the Central Coast (MC CL ISH ) Recommended Action: Adopt a Resolution accepting easements and public improvements located at 263 Spruce Street . 8.f . Consideration of an Award of Contract to Brough Construction, Inc. for Construction of the Castillo Del Mar B ike Path Project, PW 2 011 -05 (MCCLISH ) Recommended Action: 1) Award a contract for the Castillo Del Mar Bike Path Project to Brough Construction, Inc. in the amount of $110,378 ; and 2) Authorize the City Manager to approve change orders for 10% of the construction phase of the project . 9. PUBLIC HEARINGS : None . 10. CONTINUED BUSINESS : 10.a. Consideration of Adoption of Ordinance Amending the California Public Employees’ Retirement System (PERS) Contract for the Local Miscellaneous Members and Local Police Members (KRAE TSCH) Recommended Action: Adopt an Ordinance authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees’ Retirement System for local police members. 11. NEW BUSINESS : 11.a. Consideratio n of a Proposed Ordinance Amending Chapter 8.12 of the Arroyo Grande Municipal Code Regarding the Emergency Services Organization and Resolution Approving the Emergency Operations Plan (HUBERT) Recommended Action: 1) Introduce an Ordinance Amending Chapt er 8.12 of Title 8 (Health and Safety) of the Arroyo Grande Municipal Code Regarding the Emergency Services Organization; and 2) Adopt a Resolution Approving the Emergency Operations Plan. AGENDA SUMMARY – OCTOBER 25, 2011 PAGE 4 11. NEW BUSINESS (cont’d): 11.b. Consideration to Maintain Restr icted Parking in the Village for Two -Hour Parking on West and East Branch Street Between T raffic Way and Mason Street and on Bridge Street Between West Branch Street and the Bridge Street Bridge and Amend ing Chapter 10.16 of the Municipal Code Regarding Pa rking (McCLISH) Recommended Action: 1) The Downtown Parking Advisory Board recommends that the City Council adopt a Resolution to maintain restricted parking in the Village for two -hour parking on West and East Branch Street between T raffic Way and Mason Street and on Bridge Street between West Branch Street and the Bridge Street Bridge and eliminate all other existing restricted two -hour and 30 -minute parking in the Village; and 2) Staff recommends that the City Council introduce an Ordinance amend ing po rtions of Chapter 10.16 of the Municipal Code to address limited parking in municipal parking lots and clean up language referring to a previously repealed c ode section. 12. CITY COUNCIL REPORTS : This item gives the Mayor and Council Members the opportun ity 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/SLO RTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee (4) 5 Cities Diversity Coalition (5) Other (b) MAYOR PRO TEM RAY: (1) Economic Vitality Corporation (EVC) (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee (4) South County Library Donor Recognition Committee (5) Other (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 ) COUNCI L MEMBER GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (4) Other AGENDA SUMMARY – OCTOBER 25, 2011 PAGE 5 12. CITY COUNCIL REPORTS (cont’d): (e ) COUNCIL MEMBER BROWN: (1) Integrated Waste Management Author ity 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 req uest a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 1 4 . 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 A ND SUGGESTIONS : This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT AGENDA SUMMARY – OCTOBER 25, 2011 PAGE 6 ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 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 Departme nt 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 rebroa dcast schedule is published at www.slo -span.org . MEMORANDUM TO: CITY COUNCIL FROM: ANGELA KRAETscH, DIRECTOR OF ADMINIsTwrIvE SERVICE& BY: TRlClA MEYERS, SENIOR ACCOUNT CLERK /fm SUBJECT: CONSIDERATION OF CASH DISBURSEMENT RATIFICATION DATE: OCTOBER 25,201 1 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period Oct 1 through Oct 15, 201 1. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $656,682.02 fiscal impact that includes the following items: AccountsPayableChecks151621-151719 $ 154,165.31 Payroll Checks & Benefit Checks $ 502,516.71 No or minimal future staff time is projected. BACKGROUND: Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City's Purchasing Policies and Procedures Manual of February 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 2011-12 budget. Agenda Item 8.a. Page 1 CITYCOUNCIL CONSIDERATION OF CASH DISBURSEMENT RATIFICATION OCTOBER 25,201 1 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve staffs recommendation; Do not approve staffs recommendation; Provide direction to staff. 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 REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 20, 2011. The Agenda and report were posted on the City's website on Friday, October 21, 201 1. No public comments were received. Attachments: 1. Oct 1 - Oct 15, 201 1 - Accounts Payable Check Register 2. Oct 7, 201 1 - Payroll Check & Benefit Checks Register Agenda Item 8.a. Page 2 Check History Listing CITY OF ARROYO GRANDE ATTACHMENT 1 Page: 1 Bankcode: boa Check# Date Vendor Status ClearNold Date Invoice Inv. Date Amount Pald Check Total 151621 101041201 1 00461 1 JOYCE ANDERSON 151622 1010412011 004548 CARMEL & NACCASHA. LLP 151 634 1010712011 007296 ABPA 151635 1010712011 0061 30 ALLIANCE READY MIX, INC 151636 1010712011 003175 AQUA-METRIC SALES Page: 1 Ag e n d a I t e m 8 . a . Pa g e 3 Check History Listing CITY OF ARROYO GRANDE Page: 2 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 9125-1 935 0912512011 E 640.4710.5403 29.17 . 29.17 9/22-2345 09/22/2011 E 010.4217.5403 28.68 28.68 2684395 09/25/2011 E 010.4145.5403 16.12 16.12 9/25-5452 09/25/2011 E 010.4145.5403 15.27 15.27 912 5-204 1 09/25/2011 E 01 0.4145.5403 14.29 14.29 151638 10/07/201 1 008666 AUTOSYS INC 151 639 10/07/2011 007522 AW DIRECT 151640 10/07/2011 000056 BACKYARD IMPROVEMENT Page: 2 Ag e n d a I t e m 8 . a . Pa g e 4 Check History Listing CITY OF ARROYO GRANDE Page: 3 151642 1010712011 0061 88 BFGC ARCHITECTS 151643 101071201 1 00191 7 BOB'S EXPRESS WASH 151644 1010712011 005726 BRENNTAG PACIFIC INC 151645 101071201 1 007304 BURKE, WILLIAMS 151646 1010712011 0001 10 CA ST DEPT CORRECTIONS Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151641 1010712011 000065 BRENDA BARROW 10041 1 1 0104120 1 1 E 010.4423.5253 215.21 E 010.4425.5255 268.81 E 010.4424.5252 75.96 559.98 559.98 811001124 091081201 1 E 350.5420.7501 2,727.50 2,727.50 2,727.50 20205 0911 21201 1 E 010.4201.5601 80.00 E 640.4712.5601 10.00 90.00 90.00 BPI 132932 0911 6/20 1 1 E 640.4712.5274 501.50 501.50 501.50 149248 081301201 1 E 010.4003.5327 4,299.00 - 4,299.00 4,299.00 18001 17430 0911 91201 1 E 220.4303.5303 2,284.47 2,284.47 18001 17432 0911 91201 1 E 220.4303.5303 297.60 297.60 Page: 3 Ag e n d a I t e m 8 . a . Pa g e 5 Check History Listing CITY OF ARROYO GRANDE Page: 4 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 18001 17433 0911 91201 1 E 220.4303.5303 222.24 222.24 18001 17431 0911 91201 1 E 220.4303.5303 84.75 151647 101071201 1 0001 34 CA ST DEPT OF JUSTICE 151648 1010712011 006481 CALIFORNIA CONTRACTORS 151 649 101071201 1 007085 CALPOKI-LAND 151650 1010712011 000994 CALVARY CHAPEL 151651 1010712011 000603 CARQUEST AUTO PARTS Page: 4 Ag e n d a I t e m 8 . a . Pa g e 6 Check History Listing CITY OF ARROYO GRANDE Page: 5 Bank code: boa Check# Oate Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151652 10/07/2011 008741 CHAMELEON REFUND 1 0104/2011 R 01 0.0000.4050 230.00 151 653 10/07/2011 0001 60 CHAPARRAL 151654 10107/2011 001990 CHARTER 151 655 10107/201 1 0001 74 COASTLINE 151656 10107/201 1 001840 DELL MARKETING LP 151657 10/07/201 1 008742 STEPHANIE DlAZ XFJ3D12D9 CREDIT Page: 5 Ag e n d a I t e m 8 . a . Pa g e 7 Check History Listing CITY OF ARROYO GRANDE Page: 6 Bank code: boa Check # Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151658 1010712011 006848 DNB INDUSTRIAL SUPPLY 151659 101071201 1 007743 FAMCON PIPE AND SUPPLY 151661 1010712011 006333 FIA CARD SERVICES V 1010712011 151 662 101071201 1 006333 FIA CARD SERVICES Page: 6 Ag e n d a I t e m 8 . a . Pa g e 8 Check History Listing CITY OF ARROYO GRANDE Page: 7 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 9120-5474 0912012011 E 010.4201.5501 350.00 E 010.4201.5501 350.00 E 010.4201.5501 554.00 E 01 0.4201.5501 277.00 Page: 7 Ag e n d a I t e m 8 . a . Pa g e 9 Check History Listing CITY OF ARROYO GRANDE Page: 8 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 9120-632 1 0912012011 E 010.4209.5255 7.98 E 010.4201.5501 43.74 E 010.4201.5501 26.36 E 010.4209.5255 232.93 151663 101071201 1 002813 GRANGER, INC 151664 101071201 1 000291 HAAKER EQUIPMENT, INC 151665 1010712011 008744 HAMPTON INN 8 SUITES Page: 8 Ag e n d a I t e m 8 . a . Pa g e 1 0 Check History Listing CITY OF ARROYO GRANDE Page: 9 Bank code: boa Check# Date Vendor Status ClearNold Date Invoice Inv. Date Amount Paid Check Total 300.00 151666 101071201 1 000813 IMPACT SCIENCES 1 51 667 101071201 1 008692 MARY KROLL 151668 101071201 1 008291 LANSPEED SYSTEMS INC 151669 101071201 1 001950 TERESA MC CLlSH 151670 101071201 1 000429 MINER'S ACE HARDWARE Page: 9 Ag e n d a I t e m 8 . a . Pa g e 1 1 Check History Listing CITY OF ARROYO GRANDE Page: 10 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151671 1010712011 000441 MULLAHEY FORD 151672 1010712011 004338 NATIVE SONS NURSERY, INC 151673 1010712011 006328 NICK'S TELECOM (DBA) 151674 101071201 1 000466 NOBLE SAW, INC 151 675 101071201 1 007202 NOSSAMAN LLP 151676 101071201 1 000468 OFFICE DEPOT Page: 10 Ag e n d a I t e m 8 . a . Pa g e 1 2 Check History Listing CITY OF ARROYO GRANDE Page: 11 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 11.77 151677 101071201 1 000481 PACIFIC GAS 8 ELECTRIC 151678 101071201 1 008162 PAGE 8 TURNBULL 1 51 679 101071201 1 001 834 PAPA - PESTICIDE 151680 101071201 1 005938 PITNEY BOWES Page: 11 Ag e n d a I t e m 8 . a . Pa g e 1 3 Check History Listing CITY OF ARROYO GRANDE Page: 12 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151681 1010712011 007453 PLANNING CONIPANY ASSOC 151 682 101071201 1 000538 S & L SAFETY PRODUCTS 151683 1010712011 003838 SlLVAS OIL COMPANY, INC 151684 101071201 1 004167 SLO CNTY PUBLIC HEALTH 151685 1010712011 000598 SNAP-ON TOOLS CORP 151686 101071201 1 004393 SP MAINTENANCE Page: 12 Ag e n d a I t e m 8 . a . Pa g e 1 4 Check History Listing CITY OF ARROYO GRANDE Page: 13 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 7,084.40 151687 1010712011 002260 STEVEN ENTERPRISES, INC 151688 101071201 1 006054 TIMES PRESS RECORDER 151689 1010712011 002370 TITAN INDUSTRIAL 151690 1010712011 003416 ARLElTA TRUESDALE 151691 1010712011 005252'ULTREX BUSINESS 151692 1010712011 008745 UNITED MUNIC. SECURITY Page: 13 Ag e n d a I t e m 8 . a . Pa g e 1 5 Check History Listing CITY OF ARROYO GRANDE Page: 14 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151693 10/07/2011 006551 UNITED STAFFING ASSOC. 151694 10/07/2011 002137 VERIZON WIRELESS 151695 10107/201 1 002889 CLAIRE VOLLMER 151696 10/07/201 1 007049 VORTEX INDUSTRIES INC 151697 10107/201 1 000685 WALLACE GROUP A CALIF Page: 14 Ag e n d a I t e m 8 . a . Pa g e 1 6 Check History Listing CITY OF ARROYO GRANDE Page: 15 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 32181 09/09/2011 E 350.5656.7301 241.50 241.50 09/12/2011 151 698 1010712011 007599 WATER SYSTEMS 151699 1010712011 000699 LEE WILSON ELECTRIC 151 700 1010712011 000704 WITMER-TYSON IMPORTS 151701 101071201 1 008746 CHRISSY YBARRA 151 702 1011 31201 1 002653 LAW ENFORCEMENT LEGAL Page: 15 Ag e n d a I t e m 8 . a . Pa g e 1 7 Check History Listing CITY OF ARROYO GRANDE Page: 16 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151 703 1011 31201 1 008360 BREVEN BAlMA 151 704 1011 31201 1 0001 25 CA ST DEPT CONSERVATION 151 705 1011 31201 1 007728 SCOTT CRAlB 151 706 1011 31201 1 00861 9 ROY DAMAS 151 707 1011 31201 1 004142 STAN GAXIOLA 151 708 1011 31201 1 002405 CHARLES HARE 151 709 1011 31201 1 0041 88 EDDIE HARRIS Page: 16 Ag e n d a I t e m 8 . a . Pa g e 1 8 Check History Listing CITY OF ARROYO GRANDE Page: 17 Bank code: boa Check# Date Vendor Status ClearNoid Date Invoice Inv. Date Amount Paid Check Total 151710 101131201 1 008748 MIKE HAY 151 71 1 101131201 1 007299 GASTON KETTING OLlVlER 151712 1011312011 001 136 DOUGLAS LINTNER 151713 1011312011 007760 01-IVIA MILLER 151 714 1011 31201 1 000536 GREG ROSE 151 71 5 1011 31201 1 006080 MARTINA SARMIENTO Page: 17 Ag e n d a I t e m 8 . a . Pa g e 1 9 Check History Listing CITY OF ARROYO GRANDE Page: 18 Bankcode: boa Check# Date Vendor Status ClearNoid Date lnvolce Inv. Date Amount Pald Check Total 151716 101131201 1 006048 JEANElTE SEARBY 151 71 7 1011 31201 1 007229 DONALD SNYDER 151718 1011312011 000609 BOB SPEAR 15171 9 1011312011 007927 SHIRLEY WILLMOlT 88 checks in this report boa Total: 154,165.31 Total Checks: 154,165.31 Page: 18 Ag e n d a I t e m 8 . a . Pa g e 2 0 ATTACHMENT 2 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 911 61201 1 - 91291201 1 1010711 1 FUND 010 FUND 216 FUND 217 FUND 219 FUND 220 FUND 226 FUND 284 FUND 285 FUND 290 FUND 612 FUND 640 OVERTIME BY DEPARTMENT: Admin. Support Services - ~ommunity~evelo~ment - Police 12,410.33 Fire 8,304.14 Govrnment Bldg Maint. Engineering Fleet Maintenance parks Recreation - Admn Rec - Special Events Children In Motion Soto Sport Complex Public Works Maintenance 1,648.09 22.362.56 Salaries Full time Salaries Part-Time - PPT Salaries Part-Time - TPT Salaries OverTime Salaries Standby Holiday Pay Sick Pay Annual Leave Buyback Vacation Buyback Sick Leave Buyback Vacation Pay Comp Pay Annual Leave Pay PERS Retirement Social Security PARS Retirement State Disability Ins. Deferred Compensation Health lnsurance Dental lnsurance Vision lnsurance Life lnsurance Long Term Disability Uniform Allowance Car Allowance Council Expense Employee Assistance Boot Allowance Motor Pay Bi-Lingual Pay Cell Phone Allowance Agenda Item 8.a. Page 21 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.a. Page 22 MEMORANDUM TO: CITY COUNCIL FROM: ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICES BY: MICHELLE MAYFIELD, TREASURER 4 SUBJECT: CONSIDERATION OF STATEMENT OF INVESTMENT DEPOSITS DATE: OCTOBER 25,201 1 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 September 30, 201 1, as required by Government Code Section 53646(b). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: 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). No or minimal future staff time is projected. BACKGROUND: This report represents the City's investments as of September 30, 2011. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of September 30, 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. 5. Rate of interest. 6. Current market value for all securities having a maturity of more than 12 months. 7. Relationship of the monthly report to the annual statement of investment policy. Agenda Item 8.b. Page 1 CITY COUNCIL CONSIDERATION OF INVESTMENT DEPOSITS OCTOBER 25,201 1 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Recommended Alternative - Approve staffs recommendation to receive and file the attached report listing the current investment deposits. - Do not approve staffs recommendation - Provide direction to staff ADVANTAGES: Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. DISADVANTAGES: Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non- negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 20, 2011. The Agenda and report were posted on the City's website on Friday, October 21, 2011. No public comments were received. Attachments: 1. Portfolio Summary: September 30,201 1 Agenda Item 8.b. Page 2 I CITY OF 1 City of Arroyo Grande 300 E. Branch St. Arroyo Grande. CA 93420 Phone: (805)473-5400 ClTY OF ARROYO GRANDE Portfolio Management Portfolio Summary September 30,201 1 Interest Investments Book Value Interest Rate Rate PY Date of Purchase Term Maturity Date % of Portfolio Local Agency Investment Funds $ 14,864,458.58 0.378% 0.500% 85.102% Certicates of Deposit - Banks First Federal Bank of California 2.530% September 18, 2009 731 September 21,201 1 0.000% Redding Bank of Commerce 250,000.00 2.400% September 21,2009 913 March 21, 2012 1.431 % First Republic Bank 250,000.00 3.000% November 9,2009 36 mos November 9,2012 1.431 % CDARS 1,000,000.00 1.91 0% July 1,2010 24 mos June 28,2012 5.725% Beal Bank 100,000.00 1.250% September 28,201 1 24 mos September 28,2013 0.573% Total Certificates of Deposit $ 1,600,000.00 Money Market Account Rabobank May 9,201 1 nla Total Investments $ 17,466,612.46 Ag e n d a I t e m 8 . b . Pa g e 3 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.b. Page 4 ACTION MINUTES REGULAR MEETING OF THE CITY COLlNClL TUESDAY, OCTOBER 11,2011 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL City Council: Council Member Joe Costello, Council Member Jim Guthrie, Council Member Tim Brown, Mayor Pro Tem Caren Ray, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information ServicesICity Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Director of Recreation and Maintenance Services Doug Perrin, Chief of Police Steve Annibali, Fire Chief Mike Hubert, and Community Development Director Teresa McClish. 3. FLAG SALUTE Members of the El Camino 4-H Group led the Flag Salute. 4. INVOCATION Dr. Mayer-Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring October 2011 as "Rideshare Month". Mayor Ferrara read and presented an Honorary Proclamation declaring October 2011 as "Rideshare Month" to Angela Nelson, Rideshare Program Coordinator. 5.b. Honorary Proclamation Declaring "Fire Prevention Week 201 1 ". Mayor Ferrara read and presented an Honorary Proclamation declaring "Fire Prevention Week 201 1" to Chief Hubert, Five Cities Fire Authority Fire Chief. 5.c. Special Presentation by South County Area Transit (SCAT) and Council Discussion and Input Regarding Proposed Bus Route Changes. Aimee Wyatt, Regional Transit Authority (RTA) Manager and Coleen Kubel, RTA Supervisor, provided a summary of the South County Area Transit Plan Service recommendations affecting Routes 23 and 24. Council Member Guthrie also provided additional background information regarding analysis of South County bus routes and ridership. Brief discussion ensued regarding the proposed changes, including concerns about the loss of the existing bus stop in front of the old City Hall in the Village. Agenda Item 8.c. Page 1 Minutes: City Council Regular Meeting Tuesday, October 1 1, 201 1 Page 2 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Brown moved, Council Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS The following members of the public spoke during Citizens' Input, Comments and Suggestions: Bob Lund &poke regarding the Annual America In Bloom Symposium and announced the awards received by Arroyo Grande in Bloom; Bob Lloyd, AGP Video, spoke regarding recent cable outages being experienced throughout the City; Nicole Shostack spoke regarding the SLO County YMCA afterschool programs and upcoming fundraising events; and Sara Paddock spoke regarding an upcoming Open House & BBQ to be held at Central Coast Salmon Enhancement's Creek Ecology Lab in Arroyo Grande. 8. CONSENT AGENDA MayorlChair Ferrara invited public comment on the Consent Agenda. There were no comments received and the public comment period was closed. Mayor Pro Tem Ray requested that ltems 8.e. and 8.9. be pulled. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda ltems 8.a. through 8.i., with the exception of ltems 8.e. and 8.g., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 201 1 through September 30, 201 1. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of September 16, 201 1, and the Regular City CouncilIRedevelopment Agency meeting of September 27, 201 1, as submitted. 8.c. Consideration of Modifications to the Citywide Records Retention Schedule. Action: Adopted Resolution No. 4401 entitled: "A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE ADOPTING A MODIFIED CITYWIDE RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN ClTY RECORDS". 8.d. Consideration of Appointment to the Downtown Parking Advisory Board. Action: Approved the appointment of Kari Ziegler to the Downtown Parking Advisory Board. 8.f. Consideration of Joining the Statewide Stormwater Coalition to Participate in the State Approval Process for Draft Stormwater Permitting Regulations. Action: Approved City participation in the Statewide Stormwater Coalition. 8.h. Consideration of Acceptance of the Le Point Street Improvements and Public Parking Expansion Project, PW 201 1-02. Agenda Item 8.c. Page 2 Minutes: City Council Regular Meeting Tuesday, October 11, 201 1 Page 3 Action: 1) Accepted the project improvements as constructed by Brough Construction Inc. in accordance with the plans and specifications for the Le Point Street lmprovements and Public Parking Expansion Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.i. Consideration of Approval of Final Parcel Map AG 10-0060; Creating Two (2) Parcels; and a Resolution Accepting Easements and Public lmprovements Located at 200 and 208 East Branch Street; Owned by NKT Commercial. Action: Approved Final Parcel Map AG 06-0060 creating two legal parcels and adopted Resolution No. 4402 entitled: "A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE ACCEPTING OFFERS OF DEDICATION, EASEMENTS AND IMPROVEMENTS FOR PARCEL MAP AG 10-0060 AND CONDITIONAL USE PERMIT NO. 10-002; LOCATED AT 200 AND 208 EAST BRANCH STREET': 8.e. Consideration of Temporary Use Permit Case No. 11-018 Authorizing "Halloween In The Village" and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures and Warning Devices on Monday, October 31,201 1. Recommended Action: Adopt a Resolution approving Temporary Use Permit 11-01 8 to authorize Halloween in the Village and direct staff to implement safety measures, including closure of East and West Branch Street between Traffic Way and Mason Street, no parking zones, and the detour of automobile traffic on October 31, 201 1. Mayor Pro Tern Ray suggested the use of temporary signs at Mason, E. Branch Street and Mason Streets directing traffic to the new Le Point Street parking lot. Staff agreed to look into temporary directional parking signs for the special event and noted that the Downtown Parking Advisory Board would be considering permanent directional signs for the Le Point Street parking lot at its meeting next week. Action: Mayor Pro Tem Ray moved to adopt Resolution No. 4403 entitled: "A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 11-018 AUTHORIZING "HALLOWEEN IN THE VILLAGE" AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES ON MONDAY, OCTOBER 31, 2011". Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Ray, Guthrie, Costello, Brown, Ferrara NOES: None ABSENT: None 8.9. Consideration of Acceptance of the Traffic Way Extension Asphalt Overlay and Citywide Digout Project, PW 201 1-04. Recommended Action: 1) Accept the project improvements as constructed by Ferravanti Grading & Paving, Inc. in accordance with the plans and specifications for the Traffic Way Extension Asphalt Overlay and Citywide Digout Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Agenda Item 8.c. Page 3 Minutes: City Council Regular Meeting Tuesday, October 1 1, 201 1 Page 4 Mayor Pro Tem Ray requested clarification regarding the finances for the project, particularly with regard to how much it came under budget and how much was used on other projects. Director McClish clarified the funding and contract amount for the project, including contingencies, and explained that not all of the contingency funds were used, therefore some of those funds were used for critical digouts on James Way, which were not originally included in the Citywide digout project. She noted that the amount spent did not exceed the amount authorized by Council. Action: Mayor Pro Tem Ray moved to: 1) Accept the project improvements as constructed by Ferravanti Grading & Paving, Inc. in accordance with the plans and specifications for the Traffic Way Extension Asphalt Overlay and Citywide Digout Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Ray, Guthrie, Costello, Brown, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of Use of State 2011-12 Citizens Option for Public Safety (COPS) Funds. Police Chief Annibali presented the staff report and recommended that the Council: 1) Approve the use of the FY 201 1-12 COPS funds to continue the multi-year program for the replacement and enhancement of the Police Department's radio communications equipment; 2) Authorize the expenditure of $105,250 carried over from the City's FY 2011-12 COPS Program; and 3) Appropriate $1,167 in accrued interest. Mayor Ferrara opened the public hearing. There were no comments received, and the public hearing was closed. Action: Council Member Costello moved to: 1) Approve the use of the FY 201 1-12 COPS funds to continue the multi-year program for the replacement and enhancement of the Police Department's radio communications equipment; 2) Authorize the expenditure of $105,250 carried over from the City's FY 201 1-12 COPS Program; and 3) Appropriate $1,167 in accrued interest. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Brown, Ray, Ferrara NOES: None ABSENT: None 10. CON'TINUED BUSINESS None. Agenda Item 8.c. Page 4 Minutes: City Council Regular Meeting Tuesday, October 11, 201 1 Page 5 11. NEW BUSINESS ll.a. Consideration of Process for Update of the Economic Development Element of the General Plan. City Manager Adams presented the staff report and recommended that the Council: 1) Approve the recommended process for update of the Economic Development Element of the General Plan; and 2) Appoint one Council Member to serve as a representative on the Economic Development Element Update Committee. Mayor Ferrara opened the public comment period. There were no comments received, and the public comment period was closed. Action: Council Member Costello moved to approve the recommended process for update of the Economic Development Element of the General Plan; and appoint Council Member Guthrie to serve as a representative on the Economic Development Element Update Committee. Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Guthrie, Brown, Ferrara NOES: None ABSENT: None 12. ClTY COUNCIL MEMBER ITEMS None. 13. ClTY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Brown referred to an upcoming fundraising event for Ira Hughes. Staff noted the event would be held on Sunday, October 23rd at the South County Regional Center and would follow up to provide more details to the Council about the event. Mayor Ferrara thanked Mayor Pro Tem Ray for her comprehensive report on her attendance at the Annual League of California Cities Conference. Council Member Guthrie noted he also wrote a report and sent copies to the Council. Mayor Ferrara commented that he had met with Village business owners to share recommendations and ideas from the conference. Mayor Pro Tem Ray noted that she also forwarded informational handouts to the Village Improvement Association. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:25 p.m. Agenda Item 8.c. Page 5 Minutes: City Council Regular Meeting Tuesday, October 11,201 1 Page 6 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Agenda Item 8.c. Page 6 MEMORANDUM TO: ClN COUNCIL FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE SERVICES 0.b SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTIONS DESIGNATING LANDMARK TREES DATE: OCTOBER 25,201 1 RECOMMENDATION: The Parks and Recreation Commission recommends the City Council 1) Adopt a Resolution designating a Coastal Live Oak located at 202 Avenida de Diamante as Landmark Tree #11-66; and 2) Adopt a Resolution designating a Jacaranda located at 404 East Branch Street as Landmark Tree #11-67. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The cost for two permanent markers for the landmark trees is approximately $50. One or two hours of staff time will be required to acquire and install the plaques. In addition, the trees should be inspected by City staff every three years. BACKGROUND: A landmark tree is defined as an existirlg tree on public or private property that has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural or historical value, and is designated as such by Resolution of the City Council, upon recommendation of the Planning Commission or Parks and Recreation Commission. On June 14, 201 1, staff received a letter (Attachment 1) from Jim Talbot, 202 Avenida de Diamante, requesting that his Coastal Live Oak be considered for designation as a landmark tree. 'The City's Arborist inspected the tree and found it to be in good general health (Attachment 2). In ,the Arborist's opinion, the tree is in excellent condition, given its age, which is approximately 100 years. On August 23, 201 1, staff received correspondence (Attachment 3) from Mrs. Shower who owns the property at 404 E. Branch Street, requesting that the Jacaranda on her property be considered for designation as a landmark tree. The Parks Supervisor inspected the tree and found it to be in good general health (Attachment 4). At its September 14, 201 1 meeting the Parks and Recreation Commission reviewed the requests to add a Coastal Live Oak located at 202 Avenida de Diamante and a Jacaranda located at 404 East Branch, to the City's list of landmark trees. The Agenda Item 8.d. Page 1 CITY COUNCIL CONSIDERATION OF ADOPTION OF RESOLU'TIONS DESIGNATING LANDMARK TREES OCTOBER 25,201 1 PAGE 2 Commission unanimously approved the requests and further recommended that the City Council adopt Resolutions designating the trees as landmark trees. ANALYSIS OF ISSUES: In order to initiate a landmark tree designation, the owner of such a tree shall sign the proposed designation Resolution prior to City Council adoption, thereby conferring consent for their tree to be voluntarily designated as a landmark tree by the City and approval for the City to go onto the owner's property for monumentation, inspection and inventory. The City Council, upon recommendation of the Planning Corrlrr~ission or Parks and Recreation Commission, shall, after making any revisions it deems appropriate, designate landmark trees or landmark groves by Resolution. Both Mr. Talbot and Mrs. Shower have signed the attached Resolutions as specified in the ordinance. If the City Council approves the landmark designations, then staff will install a permanent marker on or near the trees, identifying them as landmark trees. Once a tree has received landmark status, it may not be removed without permission from the City Council, nor shall any landmark tree be destroyed or damaged. In order to have a tree removed from landmark designation, the owner may petition the City Council to adopt a Resolution repealing landmark status. Landmark trees are inspected by City staff every three years. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Approve the Parks and Recreation Commission's recommendation and adopt Resolutions designating the Coastal Live Oak located at 202 Avenida de Diamante, and the Jacaranda located at 404 East Branch Street as landmark trees: Modify and adopt the Resolutions; Do not adopt Resolutions designating either tree as a landmark tree; or Provide direction to staff. ADVANTAGES: Designating the two trees as landmark trees will preserve two outstanding specimens and will protect them from removal, destruction or damage. DISADVANTAGES: Designating the two trees as landmark trees will require staff time for inspections every three years. ENVIRONMENTAL REVIEW: No envirorlmental review is required for this item. Agenda Item 8.d. Page 2 CITY COUNCIL CONSIDERATION OF ADOPTION OF RESOLU'TIONS DESIGNATING LANDMARK TREES OCTOBER 25,201 1 PAGE 3 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, October 20, 201 1 and on the City's website on Friday, October 21, 201 1. Both property owners were notified of the meeting.No public comments were received. Attachments: 1. Letter from Jim Talbot 2. Tree Evaluation Sheet for 202 Avenida de Diamante 3. Correspondence from Anita Shower 4. Tree Evaluation Sheet for 404 East Branch Street Agenda Item 8.d. Page 3 ATTACHMENT 1 202 Avenida de Diamante Arroyo Grande, CA 93420 June 14,201 1 Doug Perrin Director of Parks, Recreationand Maintenance P.O. Box 550 Arroyo Grande, CA 93421 Dear Doug, Please check out my oak tree to see if it merits designation as a Landmark Tree. The arborist who pruned it up for me when we bought the property three years ago judged it to be 100 years old or so. It spread is 45 feet, it height about 45 feet. The trunk is over three feet in diameter, and near the ground runs horizontally for ten feet or so before growing vertically again. When it was pruned after years of neglect, cars passing by would slow or een stop to look at it - so it's a bit of an eye catcher. 'Thanks, J. R. Talbot Agenda Item 8.d. Page 4 ' f 20,i .j@wcn;Ad de Oia-ow c - Tree Evaluation Sheet Heritage Tree Program: Tree number City of Arroyo Grande ATTACHMENT 2 Qwer A+ c\: Ti - - % ~oot svs em. 3 Yes Comments : -Soft spots or rotting wood? Trunk : -Loose bark? v ~5 Comments : -Evidence of bdring insects? m (noC -Rotting wood? Where? ~LLVI~. u hoe r br~m c-ke-5 J t \ Laterals: -Any problem laterals requiring pruning? n 0 Comments: -General ~eal~? aooh -Thinning required? l?r, -Any cavities from fallen/cut laterals? ve-5 . -Callus development \/ p 5 / I Canopv : 70 -Percentage of leaf.coverage? C b - 7 0 comments : 7 -New shoot development? Where? \ cxvf vrt-is -Insect problems causing defoliation or .otherwise.damagin_g tree?. rial( \e~§ . tee LQCW \ ~tc+eA . C -Problems or comments associated with the canopy? - / 1 . . ' Re,nroduction Efforts : -Flower development? Gbc -cL~- Comments : -Fruit development? GV ewd e -Evidence of prior seasons fruib development? / ' ' -Saplings present near tree? .. General comments reaardina tree: 1 s ext Q . . Tvc < \ w co~\A\+laq +L .e 0.a r anncox. \\Y ,i.+ IDO \~earj \ - \ 1 / q (A P L\WX'z\ r Y rZ' .. Agenda Item 8.d. Page 5 ATTACHMENT 3 August 23,201 1 Doug Perrin, Director Recreation and Maintenance Services City of Arroyo Grande 121 Ash Street Arroyo Grande, CA 93420 Dear Director Perrin: I am the owner of the property known as 404 East Branch Street, Arroyo Grande, California. In 1971, my late first husband, Doctor Manferd Jennings Shower, purchased the property from Howard Sharps. On the property, in front of the main building, and on the east side of Tally Ho Creek, is a large Jacaranda which is healthy and blooms yearly. I will take 'a measurement of the tree's circumference and e-mail that measurement to you by tomorrow. I .sent two photos of the tree to you today and if necessary I will e-mail a third. I am requesting that this tree to be placed on the city's tree registry. It is my understanding that after your parks' supervisor or your city's arborist inspects the tree and reports back to you with an approval note that you will make a recommendation to the 'city council that the tree be placed on the registry and that this, wiH be by the adoption of a Resolution adding the tree . -. to the city's tree registry. .' If there is a cost involved, kindly advise. . b Sincerely, . Anita Shower /as - PgsPerrin083011 Agenda Item 8.d. Page 6 Tree Evaluation Sheet Heritage Tree Program: Tree number,' City of Arroyo Grande 1, ATTACHMENT 4 Root svstem: -Soft spots or rotting wood? Comments : . . -mere? hi-+ nb&.-tn ,igfg,~ dr2.- +r . fi/~nr~~~~~~,~~/;:v ,t T-runk : -Loose bark? Comments: . -Evidence of boring inse ts? hid obi% L r.h& rl~=u~-ha&&- d)zr~~!,=//' -Rotting wood? Where? ~L@-I$.& dm-,, Crn crazk c/L dmk. ~ru/d'be fm& @ #~e.q.n~,.~ j, 14 L~/RI/S;..J/ hrk. (94 r'.ewt:r iw.G .b/j94 {/.a if n?,, Mi d r;dls/~r 6 Laterals : -Any problem laterals requiring pruning? Vfl Comments : GY>:'&! , T$T+!~L ?'f ht,?;*..W. ,J';i,:,,M h.!. ,v,.h'@c/#/l, q; . -General Health? , ]enC:~~ Og? ar%r .k~@ik+ D,?+w-ifii. C?>-i --./I -Thinning required? 'Ys . *a -Any cavities- from -Callus development OK . Canopv : -percentage of leaf coverage? pd comments : b%t/ -New shoot development? Where? %~~htx~.l ,CAW% -Insect problems causing defoliation or .otherwise.damaging tree? Nfit?+-. I/;J;.~/E I Re~roduction Efforts: 2.7 . . -Flower development?~~ocomments : J)IL~J? I I if fllW27 -Fruit development? ' /1&lI/. , -Evidence of prior seasons fruit development? yl/lihJ. ' -Saplings present near tree? ilnhlp.: General comments reaardkns'tree: @#;LM 14 ?n infp&d ?&~,d44hA, khcd il fl+/ /fir ,ktd h&& l,p /k,~ /,rd A'#!/ ' ' V f p) / V#' I' /. ' Agenda Item 8.d. Page 7 RESOLUTION NO. A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE DESIGNATING A COASTAL LIVE OAK LOCATED AT 202 AVENIDA DE DIAMAN'TE AS LANDMARK TREE #11-66 WHEREAS, Sec. 12.16.060 of the Municipal Code of the City of Arroyo Grande provides for the preservation and protection of certain trees in order to produce a more desirable, pleasing; and beautiful community and to maintain and enhance community historic, cultural and property values, as well as to promote the public health, safety, comfort, and welfare; and WHEREAS, the Coastal Live Oak tree located at 202 Avel-~ida de Diamante, in the City of Arroyo Grande, Assessor's Parcel Number 007-784-062, and as shown in Exhibit A and incorporated herein by this reference, has been examined by the Recreation and Maintenance Services Director of the City of Arroyo Grande and has been found to be a in good condition; and WHEREAS, the tree, due to its age, species, configuration, and historical value meets criteria for Landmark Tree designation as determined by the Recreation and Maintenance Services Director and Parks and Recreation Commission; and WHEREAS, the Parks and Recreation Commission of the City of Arroyo Grande recommends to the City Council that this Coastal Live Oak should be preserved and protected and designated as a Landmark Tree. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby designates the Coastal Live Oak, as shown in Exhibit A, as a Landmark Tree and directs that is shall be monumented as Landmark Tree # 11 -66; and BE IT FURTHER RESOLVED that this tree shall be protected, preserved and maintained by the property owner and subsequent owners and such tree shall not be removed or destroyed by any party unless otherwise authorized by Sec. 12.16.060 of the Municipal Code of the City of Arroyo Grande. On motion of Council Member , seconded by Council Member I 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.d. Page 8 RESOLUTION NO. PAGE 2 \ WY JAMES R. TALBOT, TREE OWNER - - C DOUG PERRI~ RECREATION AND MAINTENANCE SERVICES DIRECTOR TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.d. Page 9 EXHIBIT A 202 Avenida de Diamante Agenda Item 8.d. Page 10 I Quick Map [I lo'] I Ag e n d a I t e m 8 . d . Pa g e 1 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DESIGNATING A JACARANDA LOCATED AT 404 EAST BRANCH STREET AS LANDMARK TREE #11-67 WHEREAS, Sec. 12.16.060 of the Municipal Code of the City of Arroyo Grande provides for the preservation and protection of certain trees in order to produce a more desirable, pleasing; and beautiful commur~ity and to maintain and enhance community historic, cultural and property values, as well as to promote the public health, safety, comfort, and welfare; and WHEREAS, the Jacaranda tree located at 404 East Branch Street, in the City of Arroyo Grande, Assessor's Parcel Number 007-494-011, and as shown in Exhibit A and incorporated herein by this reference, has been examined by the Recreation and Maintenance Services Director of the City of Arroyo Grande and has been found to be in good condition; and WHEREAS, the tree, due to its age, species, configuration, and historical value meets criteria for Landmark Tree designation as determined by the Recreation and Maintenance Services Director and Parks and Recreation Commission; and WHEREAS, the Parks and Recreation Commission of the City of Arroyo Grande recommends to the City Council that this Jacaranda tree should be preserved and protected and designated as a Landmark Tree. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby designates the Jacaranda tree, as shown in Exhibit A, as a Landmark Tree and directs that is shall be monumented as Landmark Tree Number 11-67; and BE IT FURTHER RESOLVED that this tree shall be protected, preserved and maintained by the property owner and subsequent owners and such tree shall not be removed or destroyed by any party unless otherwise authorized by Sec. 12.16.060 of the Municipal Code of the City of Arroyo Grande. On motion of Council Member , seconded by Council Member I and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of Agenda Item 8.d. Page 12 RESOLUTION NO. PAGE 2 n DOUG PERRIN RECREATION AND MAINTENNCE SERVICES DIRECTOR TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: I TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.d. Page 13 EXHIBIT A 404 E. Branch Street i' A Fad A Agenda Item 8.d. Page 14 I Quick Map [I" = 30'1 Agenda Item 8.d. Page 15 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.d. Page 16 MEMORANDUM TO: CITY COUNCIL FROM: eL/ 'TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: LES EVANS, PROJECT ENGINEER SUBJECT: CONSIDERATION OF A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS LOCATED AT 263 SPRUCE STREET; S&S HOMES OF THE CENTRAL COAST DATE: OCTOBER 25,201 1 RECOMMENDATION: It is recommended the City Council adopt a resolution acceptirrg easements and public improvements located at 263 Spruce Street IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are minor financial impacts in that maintenance of these facilities will be funded from City maintenance funds in future years. S&S Homes will provide a one-year warranty bond insuring any defects that may appear in the improvements. BACKGROUND: The Planning Commission adopted Resolution No. 06-1986 on January 17, 2006, approving Tentative Parcel Map 05-006 and Planned Unit Development (PUD) 05-004. This approval authorized the subdivision of approximately 0.47 acres of Multi-Family (MF) zoned land into four (4) lots and the construction of four (4) detached single-family homes. The City Council approved Final Parcel Map AG 05-0198 on September 26, 2006. The final map for the subdivision was recorded; however, none of the single- family homes were built and the property was sold to S&S Homes. S&S Homes sought approval of a PUD permit that would allow the construction of four two-story homes, slightly smaller than the previously approved project. PUD 11-003 was approved by the Planning Commission on June 2, 201 1. The Parcel Map was subject to conditions of approval including the installation of certain public improvements. ANALYSIS OF ISSUES: As conditions of the parcel map and PUD, the applicant was required to provide the following easements and public improvements: • Public Utility and Street Tree easement on Parcel Map 05-01 98. • Public Sewer easement on Parcel Map 05-0198. Agenda Item 8.e. Page 1 CITY COUNCIL CONSIDERATION OF APPROVAL OF A RESOLUTION ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS LOCATED AT 263 SPRUCE STREET; S&S HOMES OF THE CENTRAL COAST OCTOBER 25,201 1 PAGE 2 Curb, gutter, sidewalk and street paving on the frontage of 263 Spruce Street. All improvements have been completed and inspected. ALTERNATIVES : The following alternatives are provided for the Council's consideration: - Adopt the Resolution accepting the improvements and easements; - Do not adopt the Resolution accepting the improvements and easements; or - Provide other direction to staff. ADVANTAGES: By accepting the easements and public improvements the City will have ownership of facilities in the public right-of-way and within dedicated easements. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required. PUBLIC NOTIFICATION AND COMMENTS: The agenda for this meeting was posted at City Hall on Thursday, October 20,201 1 and the agenda and staff report were posted on the City's website on Friday, October 21, 201 1. As of the writing of this staff report, no public comment had been received. Agenda Item 8.e. Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR PARCEL MAP AG 05-0198 AND PLANNED UNIT DEVELOPMENT 11-003; LOCATED AT 263 SPRUCE STREET WHEREAS, the City Council approved Final Parcel Map AG 05-0198 located at 263 Spruce Street on September 26, 2006; and WHEREAS, the Plar~ning Commission approved Planned Unit Development 11-003 on June 2,201 1 ; and WHEREAS, the project was conditioned to offer a dedication of easements and to construct certain public improvements; and WHEREAS, the developer has offered the easements and constructed the improvements required by the conditions of approval for Parcel Map AG 05-0198 and Planned Unit Development 11-003; and WHEREAS, staff has inspected the improvements and finds they are constructed in accordance with the approved plans for the project; and WHEREAS, the developer has provided the 10% warranty security as required by the conditions of approval, to be released at the conclusion of the one-year warranty period, provided the improvements are still in satisfactory condition. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the following for Parcel Map AG 05-0198 and Planned Unit Development 1 1-003: 1. Public Utility and Street Tree easement on Parcel Map 05-01 98. 2. Public sewer easement on Parcel Map 05-01 98. 3. Curb, gutter, sidewalk and paving on the frontage of 263 Spruce Street. On motion of Council Member , seconded by Council Member I and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of October 201 1 Agenda Item 8.e. Page 3 RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WE'TMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: 'TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 8.e. Page 4 MEMORANDUM TO: CITY COUNCIL FROM: +d TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MIKE LINN, ASSISTANT CITY ENGINEER SLIB.IECT: CONSIDERATION OF AN AWARD OF CONTRACT TO BROUGH CONSTRUCTION, INC. FOR CONSTRUC'rION OF THE CASTILLO DEL MAR BIKE PATH PROJECT, PW 2011-05 DATE: OCTOBER 25,201 1 RECOMMENDATION: It is recommended the City Council: 1. Award a contract for the Castillo Del Mar Bike Path Project to Brough Construction, Inc. in the amount of $1 10,378; 2. Authorize the City Manager to approve change orders for 10% of the contract amount, $1 1,038, for unanticipated costs during the construction phase of the project (total construction costs - $1 10,378 + $1 1,038 = $121,416). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The Capital Improvement Budget includes $186,436 for the Castillo Del Mar Bike Path; funded with $150,000 from Transportation Enhancement (TE) grant funds (which require a $1 9,434 local match), $1 7,436 from Developer Contribution, and $1 9,000 from Sales Tax. The estimated construction cost for the project is $133,500 ($1 10,378 for Construction, $1 1,038 for Construction Contingencies, $2,000 for Testing and $10,000 for Contract Administration). The recommendation will not result in significant additional irr~pact on staff resources. BACKGROUND: The project scope of work involves the construction of a Class I bicycle and pedestrian path within the right-of-way of Castillo Del Mar between Orchard Drive and Valley Road. The bike path will follow an existing paved fire access that bisects the Arroyo Grande High School property. The approximately 800 foot long, 10 foot wide bike path will be detached from the existing paved fire access road and located at the edge of the road right-of-way. The Class I bike path will cross the fire access lane from the south side to the north side opposite the school's parking lot entrance. The Class I bike path will then continue another 200 feet on the campus side of the existing access road until reaching Agenda Item 8.f. Page 1 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO BROUGH CONSTRUCTION, INC. FOR CONS'TRUCTION OF 'THE CASTILLO DEL MAR BIKE PATH PROJECT OCTOBER 25,201 1 PAGE 2 the faculty parking lot, where it will transition to follow an existing pedestrian path through the parking lot as a Class II bike lane. Modification to the parking lot includes the relocation of a light pole and restriping of a portion of the parking lot. ANALYSIS OF ISSLIES: On October 13, 201 1, five bids were opened for the Castillo Del Mar Bike Path Project. The lowest bid, from Brough Construction, Inc. was in the amount of $1 10,378. Staff has determined the bid to be responsive and recommends the award of a construction contract to Brough Construction, Inc. The contract time is 60 working days. Work is expected to begin in early January and complete by the end of March, 201 2. The project is part of an overall extension of Castillo Del mar from Orchard Street to Valley Road, which is to be funded by a residential developer under an existing Memorandum of Understanding (MOU). However, the residential development is not ready to proceed. Therefore, the project is designed to use grand funds to construct the bike access portion of the project now with the roadway to be constructed at a later date when the residential development proceeds. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staffs recommendations to award a construction contract to the lowest responsive bidder for the Castillo Del Mar Bike Path Project; 2. Do not award a construction contract for the project at this time; 3. Provide direction to staff. ADVANTAGES: Construction of the project will enable the bikeway portion of the future Castillo Del Mar extension project to be performed with grant funding. The grant funds wo~~ld expire if the project schedule is delayed until the remainder of developer funds are received under the MOU. DISADVANTAGES: There may be impacts to daily operations at the nearby Arroyo Grande High School. The contractor and staff will proactively coordinate with the Lucia Mar School District to schedule work activities to mitigate potential disruptions. ENVIRONMENTAL REVIEW: The project is categorically exempt from CEQA pursuant to Section 15304(h). Agenda Item 8.f. Page 2 CITY COUNCIL CONSIDERATION OF AN AWARD OF CONTRACT TO BROUGH CONSTRUCTION, INC. FOR CONSTRUC'TION OF THE CASTILLO DEL MAR BIKE PATH PROJECT OCTOBER 25,201 1 PAGE 3 PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted on Thursday, October 20, 201 1. The agenda and staff report was posted on the City's website on Friday, October 21, 201 1. No public comments were received as of the time of preparation of this report. Attachment: 1. Bid Tabulations Agenda Item 8.f. Page 3 ATTACHMENT 1 BID OPENING LOG SHEET CITY OF ARROYO GRANDE DEADLINE: OCTOBER 13, 2011, 2:00 PM CASTILLO DEL MAR BIKE PATH PROJECT SUBMllTED BY: TOTAL Brough Construction, Inc. $1 10,378.00 Arroyo Grande, CA JJ Fisher Construction, Inc. $1 22,698.00 Arroyo Grande, CA R. Burke Corporation $147,060.00 San Luis Obispo, CA John Madonna Construction $171,258.00 San Luis Obispo, CA CalPortland Construction $1 31,425.00 Santa Maria, CA CI~ , Deputy City Clerk c: Director of Community Development Assistant City Engineer city Manager Agenda Item 8.f. Page 4 MEMORANDUM TO: FROM: CITYCOUNCIL ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICE SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT FOR THE LOCAL MISCELLANEOUS MEMBERS AND LOCAL POLICE MEMBERS DATE: OCTOBER 25,2011 RECOMMENDATION: It is recommended the City Council adopt an Ordinance of the City Council of the City of Arroyo Grande authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees' Retirement System for local police members. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The employer contribution rate for the second tier will be 20.308% of reportable earnings for local Police members entering membership for the first time in the Police classification after the effective date of this amendment to contract. The employer contribution rate for current local Police members is 42.355% Minimal future staff time is projected to implement this amendment. This item is related to the implementation of the Critical Needs Action Plan since it is a cost efficiency measure. BACKGROUND: The attached Ordinance was introduced, without modification, at the City Council meeting of September 27, 201 1. The Ordinance and contract change will implement a two tiered PERS plan for the Arroyo Grande Police safety employees. The City provides the 3% at 50, single highest year, retirement plan for Police safety employees and will continue to provide this plan for current employees. The second tier will provide new Police employees with the 3% at 55, three-year final compensation, PERS plan. Both tiers require that all sworn employees shall pay the full 9% of the employee share of PERS. This modification will be effective December 9, 20'1 1. ANALYSIS OF ISSUES: This action implements provision 26.1B and 26.5B of the current MOU with the AGPOA and the City of Arroyo Grande. The provisions state that effective October 1, 201 1, the PERS Public Safety Officer 3%@ 55 Retirement Plan shall be provided for new sworn Agenda Item 10.a. Page 1 CITYCOUNCIL MODIFICATION TO CALPERS CONTRACT OCTOBER 25,201 1 PAGE 2 employees. New sworn employees shall pay the full 9% of the employee share of PERS. Also, for new employees, retirement benefits will be based on the highest average annual compensation eamable by a member during three consecutive years of employment. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Adopt the Ordinance to amend the PERS contract; - Do not adopt the Ordinance, which would require staff to renegotiate the approved MOU with the AGPOA; - Provide direction to staff. ADVANTAGES: By approving the recommended amendment, the City will be honoring the agreements reached with the respective unions. In addition, the two tiered plan will provide the City with savings in future years. DISADVANTAGES: The only disadvantage identified in relation to this recommendation is a potential decrease in competitiveness when hiring new employees, but many other jurisdictions are taking similar actions. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: An Ordinance summary was published in The Tribune on October 7, 2011 in accordance with State law. The Agenda was posted in front of City Hall on Thursday, October 20,201 1. The Agenda and report were posted on the City's website on Friday, October 21, 201 1. No public corr~ments were received. Agenda Item 10.a. Page 2 ORDINANCE NO. AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE ClTY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR LOCAL POLICE MEMBERS WHEREAS, the City of Arroyo Grande, County of San Luis Obispo, State of California is duly authorized and existing under the laws of said State; and WHEREAS, the City of Arroyo Grande has contracted with the Board of Administration of the California Public Employees' Retirement System to provide retirement benefits to the employees; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 20475 (different level of benefits) for local Police members; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 21 363.1 (3% @ 55 Modified formula) for local police members; and WHEREAS, the City of Arroyo Grande wishes to adopt the provisions of Section 20037 (three-year final compensation) for local police members. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Arroyo Grande, as follows: Section 1: That an amendment to the contract between the City Council of the City of Arroyo Grande and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. Section 2: The Mayor of the City of Arroyo Grande is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said City. Section 3. This Ordinance shall take effect on December 1, 201 1. Section 4: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. Agenda Item 10.a. Page 3 ORDINANCE NO. PAGE 2 On motion of Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: , seconded by Council Member the foregoing Ordinance was passed and adopted this day of Agenda Item 10.a. Page 4 ORDINANCE NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: Agenda Item 10.a. Page 5 EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Arroyo Grande The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July .lo, 1964, and witnessed June 16, 1964, and as amended effective September 16, 1966, May 24,1973, July 4, 1980, June 24, 1988, February 12, 1999, October 15,1999, September 28, 2000, January 4, 2002, July 2, 2004, December 31, 2004, June 30, 2006, June 27, 2008 and June 26, 2009 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective June 26, 2009, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 50 for local police members entering merr~bership in ,the police classification on or prior to the effective date of this amendment to contract, age 55 for local fire members and for those local police members entering membership-for the first time in the police classification after the effective date of this amendment to contract. Agenda Item 10.a. Page 6 GgornS-0 OWOC m233 3 E 35qz 5. 3gc3 -2 gg 2 8 3.2 n. m - 33 5- Tom0 %do K- sa3.m '-~mm~~ z.goa,, cn. (D 2EZ(D 5-.o.g$ 0 3 %%7J 3- B^,cnPCDO 2 m gEo2 C a, 5.2 2. ag o, S 50 0 -+u $2-3 =a, u,D0 53 -aK-2 z %3"'2C g z:gqz m2o 4% -=.5= 9Zgm3 To CE . C = 52.7 zz a 50 K a, 06222 0 a25-$4 0 d"' "' CD 0 3830-0 (D'%n,C 3 gE OE.5 rn5' ga, (D 7JD 3"'4cna 3; 3gg E'O(D " < -0 5 a y K- c (D 20"' Ea-5.m 3 Qa E'Sa, (D rna'p 3 c 5-3 a g 0 5$3 4 Y,""c(D s (D oz 2FK "'-3 3 u3 7Jqm (D a, 33d %g;sg a, (D-GQ 333 m (Dn$ya, ':-Go$ r o 5. a, 5.y cn. 2 2~00~ . g1.2 c *cn.- - 4345 C"'Z3 24 3 4 G a, V) n u V - 3a 2-(D i. U 3 (D (D 0 3 cn. - a 04- gy 30 4 5. (D a Zrn rC 5 a, 3 Ag e n d a I t e m 1 0 . a . Pa g e 7 (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (9 The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become , members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. EMPLOYEES COMPENSATED ON AN HOURLY BASIS; AND b. ELECTED OFFICIALS. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after June 27, 2008 shall be determined in accordance with Section 21354 of said Retirement Law subject to the reduction provided therein for Federal . Social Security (2% at age 55 ,-. Modified and Full). Agenda Item 10.a. Page 8 7. The percentage of final compensation to be provided for each year of - credited prior and current service as a local miscellaneous member in employment on or after June 27, 2008 shall be determined in accordance with Section 21354.4 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2.5% at age 55 Modified and Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law subject to the reduction provided therein for Federal Social Security (3% at age 55 Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member entering membership in the police classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law subject to the reduction provided therein for Federal Social Security (3% at age 50 Modified). 10. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law subject to the reduction provided therein for Federal Social Security (3% at age 55 Modified). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. b. Section 20965 (Credit for Unused Sick Leave). c. Section 21 024 (Military Service Credit as Public Service). d. Section 21027 (Military Service Credit for Retired Persons). e. Section 20042 (One-Year Final compensation) for local miscellaneous members; local fire members and those local police members entering membership on or prior to the effective date of this amendment to contract. Agenda Item 10.a. Page 9 f. Section 21548 (Pre-Retirement Option 2W Death Benefit) for local miscellaneous members only. g. Section 20903 (Two Years Additional Service Credit) for local miscellaneo~~s members only. h. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Modiifed Formula) and Section 20037 (Three-Year Final Compensation) are applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on July 4, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Agenda Item 10.a. Page 10 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 16. Contributions required of Public Agency and its employees. shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of I BOARD OF ADMINISTRAI-ION CITY COUNCIL PUB~!I~,EMPLOYEES' RETIREMENT SYSTEM ClTY OF ARROYO GFWNDE --/>'. 9.- 'L'<F;~r3 04~ .\ BY A /TgB>r: . DARRYL WATSON, '@~~, . '~F~IDING OFFICER CUSTOMER ACCOUNI".ER~ICES DIVISION G ,-..' PUBLIC EMPLOYEESI RETIIR<M,~NT SYSTEM . 'C? C' .8, -0. r if:' ,3 ',f ," , . ' i ci;./ ':# . C. L+, . . . -.-..'-. >' Witness Clerk AMENDMENT ER# 545 PERS-CON-702A Agenda Item 10.a. Page 11 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 10.a. Page 12 MEMORANDUM TO: CITY COUNCIL FROM: MICHAEL E. HUBERT, FIRE CHIEF, FIVE CITIES FIRE AUTHORITY ' BY: DAVID L. MATHE, ADMINIS'TRATIVE OFFICER SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE AMENDING CHAPTER 8.12 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE EMERGENCY SERVICES ORGANIZATION AND RESOLUTION APPROVING THE EMERGENCY OPERATIONS PLAN DATE: OCTOBER 25,201 1 RECOMMENDATION: It is recommended the City Council: 1) Introduce the Ordinance amending Chapter 8.12 of Title 8 (Health and Safety) of the Arroyo Grande Municipal Code regarding the Emergency Services Organization; and 2) Adopt a Resolution approving the Emergency Operations Plan. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: Chapter 8.12 of the City of Arroyo Grande's ("City") Municipal Code establishes the City's Emergency Services Organization ("ESO"). The purpose of the ESO is to prepare, maintain and carry out the City's emergency plans and to coordinate the emergency functions of the City with other public agencies, entities and affected individuals. Over the last several years, the City has made significant modifications to its Emergency Operations Plan ("EOP"), including the implementation of the State's Standardized Emergency Management System ("SEMS") and the National Incident Management System ("NIMS"). The EOP serves as the City's guiding document for responding to large scale emergencies. The purpose of this Ordinance is to update the City's Municipal Code to make the City's ESO consistent with the City's EOP. Agenda Item 11.a. Page 1 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE AMENDING CHAPTER 8.12 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE EMERGENCY SERVICES ORGANIZATION AND RESOLUTION APPROVING THE EMERGENCY OPERATIONS PLAN OCTOBER 25,201 1 PAGE 2 ANALYSIS OF ISSUES: The ESO has been revised to include: SEMS, which is the system required by California Government Code § 8607(a) for managing emergencies involving multiple jurisdictions and agencies. All local agencies must use SEMS to be eligible for State reimbursement of emergency response related personnel costs; and NIMS, which is the nationwide standardized approach to emergency incident management and response. In addition, the proposed Ordinance specifically empowers the City Council to proclaim the existence of an emergency within the City, ratify a proclamation made by the Director of Emergency Services, review the need for the continuance of an emergency proclamation at least every twenty one (21) days, and terminate an emergency proclamation. Such powers are consistent with the EOP in the administration of the City's emergency regulations. Although the EOP is recommended for adoption by Council Resolution, the updated provisions of the EOP will take effect concurrently with the effective date of the proposed Ordinance (thirty (30) days after adoption). ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Introduce the Ordinance as proposed, and adopt the Resolution approving the Emergency Operations Plan; 2. Modify and introduce the Ordinance; and adopt, or modify and adopt, the Resolution approving the Emergency Operations Plan; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the Ordinance will update the City's Municipal Code consistent with the current provisions of the EOP, and to ensure the City's eligibility to receive State disaster assistance funds and Federal disaster grant funding in the event of a disaster. Adoption of the Resolution approving the EOP will enable the City to meet current State and Federal emergency management requirements, will better define roles and Agenda Item 11.a. Page 2 CITY COUNCIL CONSIDERATION OF A PROPOSED ORDINANCE AMENDING CHAPTER 8.12 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE EMERGENCY SERVICES ORGANIZATION AND RESOLUTION APPROVING THE EMERGENCY OPERATIONS PLAN OCTOBER 25,2011 PAGE 3 responsibilities of the City's emergency organization, and provide for implementation of the EOP during disasters. DISADVANTAGES: No disadvantages have been identified regarding this item. 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, October 20, 2011. The Agenda and report were posted on the City's website on Friday, October 21, 201 1. No public comments were received. - City of Arroyo Grande Emergency Operations Plan (on file at City Hall and the Five Cities Fire Authority for public review) Agenda Item 11.a. Page 3 ORDINANCE NO. AN ORDINANCE OF 'THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.12 OF TITLE 8 (HEALTH AND SAFETY) OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE EMERGENCY SERVICES ORGANIZATION THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.12 of Title 8 (Health and Safety) of the Arroyo Grande Municipal Code is hereby amended in its entirety as shown in Exhibit A attached hereto and incorporated herein by this reference. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 3. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this - day of 201 1 Agenda Item 11.a. Page 4 ORDINANCE NO. PAGE 2 - TONY FERRARA, MAYOR ATTEST: - KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: - STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 11.a. Page 5 ORDINANCE NO. PAGE 3 EXHIBIT A Chapter 8.12 - EMERGENCY SERVICES ORGANIZATION 8.12.010 - Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons. 8.12.020 - Emergency defined. For the purposes of this chapter, "emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, acts of terrorism, or other conditions, including conditions resulting from war or the imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the city, requiring the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage which requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. 8.12.025 - Standardized Emergency Management System (SEMS) and National lncident Management System (NIMS). The city shall use SEMS and NIMS for coordinating all local emergencies. The basic framework of SEMSINIMS incorporates the use of the lncident Command System, multi-agency or interagency coordination, the State's master mutual aid agreement, the operational area concept, and the Operational Area Satellite Information System. 8.12.030 - Disaster council - Membership. The Arroyo Grande disaster council is created and shall consist of the following: A. The city manager is the director of emergency services, who shall be the chairperson; B. One member of the city council; C. The assistant director of emergency services, as appointed by the city manager, who shall be the vice-chairperson; Agenda Item 11.a. Page 6 ORDINANCE NO. PAGE 4 D. Such chiefs of emergency services as are provided for in the current emergency plan of the city adopted pursuant to the provisions of this chapter; E. Such representatives of civic, business, labor, veteran, professional, or other orgar~izations having an official emergency responsibility as may be appointed by the director of emergency services with the advice and consent of the city council; and F. 'The coordinator of emergency services, as appointed by the director of emergency services. 8.12.040 - Disaster council - Powers and duties. It shall be the duty of the Arroyo Grande disaster council, and it is so empowered, to develop and recommend for adoption by the city council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon the call of the chairman or, in his or her absence from the city or inability to call such meeting, upon the call of the vice-chairperson. 8.12.050 - Director, assistant director, and coordinator of emergency services. A. There is created the office of director of emergency services. 'The city manager shall be the director of emergency services. B. There is created the office of assistant director of emergency services, who shall be appointed by the director of emergency services. C. -There is created the office of coordinator of emergency services, who shall be appointed by the director of emergency services. 8.12.060 - Powers and duties of the director, assistant director, and coordinator of emergency services. The director of emergency services is empowered to: A. Request the city council to proclaim the existence or threatened existence of a local emergency if the city council is in session, or to issue such proclamation if the city council is not in session. Whenever a local emergency is proclaimed by the director, the city council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; Agenda Item 11.a. Page 7 ORDINANCE NO. PAGE 5 B. Request the Governor to proclaim a state of emergency when, in the opinion of the director of emergency services, the locally available resources are inadequate to cope with the emergency; C. Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter; D. Direct cooperation between and the coordination of services and staff of the emergency organization of the city and resolve questions of authority and responsibility that may arise between them; E. Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined in Section 8.1 2.020 of this chapter; F. In the event of the proclamation of a local emergency, as provided in subsection (A)(1) of this section, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is empowered: i. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations shall be confirmed at the earliest practicable time by the city council, ii. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use, iii. To require the emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state laws for registered disaster service workers, iv. To requisition the necessary personnel or materials of any city department or agency, and v. To execute all of his or her ordinary powers as city manager, all of the special powers conferred upon him or her by this chapter or by resolution or emergency plan adopted pursuant to the provisions of this chapter adopted by the city council, and all powers conferred upon him or her by any statute, by any agreement approved by the city council, and by any other lawful authority. Agenda Item 11.a. Page 8 ORDINANCE NO. PAGE 6 G. In addition to the powers granted herein, the director of emergency services shall have such powers incidental to the performance of duties as said director as shall be necessary to allow the director to carry out the emergency operations plan of the city, it being the intent of this chapter that the enumerated powers herein are not limitations upon the director; H. The director of emergency services shall designate the order of succession to that office to take effect in the event the director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the city council; I. The assistant director of emergency services shall, under the supervision of the director and with the assistance of coordinator of emergency service and chiefs of emergency services, develop emergency plans and manage the emergency programs of the city and shall have such other powers and duties as may be assigned by the director; J. 'The coordinator of emergency services shall, under the supervision of the director, manage the day-to-day operations of the Arroyo Grande civil defenselemergency services program. In time of an actual emergency, the coordinator of emergency services shall report directly to the director; and, K. The foregoing specific authority vested in the director of emergency services and other such authority as deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 8.12.065 - City Council - Powers and duties. The city council is empowered by this chapter to: A. Proclaim the existence or threatened existence of a local emergency. B. Ratify the existence of a local emergency within seven (7) days of a declaration of local emergency made by the director of emergency services while the city council was not in session. C. Review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty one (21) days until the emergency is terminated. Agenda Item 11.a. Page 9 ORDINANCE NO. PAGE 7 D. Issue a declaration terminating the local emergency once the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment, and facilities of the city. 8.12.070 - Emergency organization. All officers and employees of the city, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service pursuant to the provisions of subsection (A) (6) (iii) of Section 8.12.060, be charged with duties incident to the protection of life and property in the city during such emergency shall constitute the emergency organization of the city. 8.12.080 - Emergency plan. The coordinator of emergency services, at the direction of the city disaster council, shall be responsible for the development and continual updating of the City of Arroyo Grande emergency operations plan. The plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency, and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council. 8.1 2.090 - Expenditures. Any expenditure made in connection with emergency activities, including mutual aid activities, shall be conclusively deemed to be for the direct protection and benefit of the inhabitants and property of the city. 8.1 2.1 00 - Violation It shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment not to exceed six months, or both, for any person, during an emergency, to: A. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed by virtue of this chapter. B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the city, or to prevent, hinder or delay defense or protection thereof. C. Wear, carry or display, without authority, any means of identification specified by the emergency agency of the city or State. Agenda Item 11.a. Page 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE CITY OF ARROYO GRANDE EMERGENCY OPERATIONS PLAN WHEREAS, the City of Arroyo Grande ("City") provides disaster emergency services through the City's Emergency Services Organization ("ESO") codified as Chapter 8.12 of the City's Municipal Code; and WHEREAS, the City has adopted an Emergency Operations Plan ("EOP") to serve as the conceptual framework for disaster response by the ESO; and WHEREAS, the City has updated the EOP to meet current disaster response protocol, including, but not limited to, the implementation of the State's Standardized Emergency Management System and Federal National Incident Management System. NOW, THEREFORE, 'THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES RESOLVE AS FOLLOWS: 1. The Emergency Operations Plan, dated October 25, 201 1, a copy of which is permanently on file in the Legislative and Information Services Department and at the Five Cities Fire Authority, and is incorporated herein by this reference as though set forth in full, is hereby approved and adopted. 2. This Resolution will take effect upon the effective date of Ordinance No. . On motion of Council Member seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 25Ih day of October, 201 1. Agenda Item 11.a. Page 11 RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 11.a. Page 12 MEMORANDUM TO: CITY COUNCIL FROM: -+" TERESA MCCLISH, COMMLlNlTY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION TO MAINTAIN RESTRICTED PARKING IN THE VILLAGE FOR TWO-HOUR PARKING ON WEST AND EAST BRANCH STREET BETWEEN TRAFFIC WAY AND MASON STREET AND ON BRIDGE STREET BETWEEN WEST BRANCH STREET AND THE BRIDGE STREET BRIDGE AND AMENDING CHAPTER 10.16 OF THE MUNICIPAL CODE REGARDING PARKING DATE: OCTOBER 25,201 1 RECOMMENDATION: 1) The Downtown Parking Advisory Board (DPAB) recommends that the City Council adopt a Resolution to maintain restricted parking in the Village for two-hour parking on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between West Branch Street and the Bridge Street Bridge and eliminate all other existing restricted two-hour and 30-minute parking in the Village; and 2) Staff recommends that the City Council introduce an ordinance amending portions of Chapter 10.16 to address limited parking in municipal parking lots and clean up language referring to a previously repealed code section. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There will be a one-time impact on staff resources in the Recreation and Maintenance Services Department in order to reniove existing signage in the Olohan Alley and Car Corral Parking lots and on E. Branch Street east of Mason, on Bridge Street south of the Bridge and on Nelson Street. However, the recommended change will result in an ongoing time savings for the Police Department Neighborhood Services Technician who provides parking enforcement for the City. This will allow for more time to be devoted to code enforcement activities. BACKGROUND: On June 24, 2008, the City Council adopted an ordinance to allow expanded parking restrictions in the Village. On September 17, 2008, the City received a petition from business owners and customers requesting the City Council to consider increasing the parking time limits from 2 hours to 3 or more to attract more Agenda Item 11.b. Page 1 CITY COUNCIL CONSIDERATION OF TWO HOUR PARKING RESTRIC'I'IONS IN THE VILLAGE AND LIMITED PARKING IN PARKING LOTS OCTOBER 25,201 1 PAGE 2 customers within the Village area. Although the DPAB had previously considered time limits longer than 2-hours, the difficulties of morning and afternoon patrol for enforcement to prevent allday parking in the most convenient spaces intended for customer convenience have discouraged such charlge. There have been a limited number of parking tickets for overtime parking after reallocation of 2-hour and all- day spaces in the public off-street parking lots during 2008-2011; however, enforcement has not been consistent due to City staffing vacancies and funding. This last spring, the City hired a part-time parking Neighborhood Services Technician that conducts daily parking enforcement in the Village. As evidenced by the a letter received from the Executive Director of the Village Improvement Association (Attachment 1) and previous petitions, there is substantial interest by Village area business owners and customers favoring elimination of 2- hour parking or adopting longer time limits to encourage "more customer friendly", extended, multi-purpose parking. On October 18, 2011, the Downtown Parking Advisory Board considered the request by the VIA to eliminate, partially eliminate or extend the time limits for restricted parking in the Village. The discussion included pros and cons of presented alternatives, the desire to distinguish the Village as a destination with free and convenient parking, the need to keep the 2-hour restrictions on the core of E. Branch Street and the need for businesses to inform and manage employee parking. The Board voted 3-0 to: 1) eliminate restricted parking in the Village except on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between W. Branch Street and the Bridge Street Bridge; and 2) to make all the restricted parking 2-hour parking and thus eliminate the 30- minute parking area on one section of E. Branch Street adjacent to the Car Corral. ANALYSIS OF ISSUES: Parking is an important component in land use decisions. It affects trip generation, mode choice, urban design and form, econorr~ic viability and personal mobility. In an automobile dependent state, region and county, the character, competitive capability, and commercial convenience of the Arroyo Grande Village is largely determined by the quantity and quality of parking availability for both all-day employer and employee use and shorter-term customer use. Generally, the on-street spaces on both Branch Street and Bridge Street are designated for 2-hour parking while side and perimeter streets allow all-day parking. About one third of Olohan Alley, a quarter of the Mankins portion of the LePoint Street parking lot and all of the Car Corral public parking lots are designated fo; 2-hour customer parking, while the other two thirds of Olohan Alley, three fourths of the Mankins LePoint Street lots, all of City Hall and Council Chambers' public off-street parking lots allow for all-day use (Exhibit "A). Agenda Item 11.b. Page 2 CITY COUNCIL CONSIDERATION OF TWO HOUR PARKING RESTRIC'I'IONS IN 'THE VILLAGE AND LIMITED PARKING IN PARKING LOTS OCTOBER 25,201 1 PAGE 3 .. More specifically,. according to prior Village parking studies, approximately half of the existing spaces in the Parking and Business Improvement Area (PBIA) are publicly owned or managed, including off-street and on-street spaces. (This includes approximately 164 on-street spaces and 246 off-street spaces in the seven blocks north of Arroyo Grande Creek between Traffic Way and Crown Hill but not the expansion of parking at Le Point Street of an additional 56 spaces.) The other half of the parking inventory, composed of approximately 800 existing parking spaces, is privately owned. and operated for the benefit of individual business properties. It is estimated that approximately half of the publicly managed parking spaces in the Village PBIA and surrounding neighborhoods are allocated for allday users and half are assigned to 2-hour or less parking time for customer convenience (73 off-street in Olohan Alley, the Car Corral and a small part of Mankins Le Point lots, and 110 on-street along. Branch and Bridge Street frontages). Approximately 50 of the 2ihour spaces are on Bridge and Nelson Streets south of Arroyo Grande Creek, and 26 of the 2-hour spaces are east of Mason Street on East Branch where customer parking is seldom used to capacity. The general objective of regulating parking time limits and allocation of public parking both on-street and in City-owned or leased off-street lots is to balance the need and availability for both customer and employee parking. Most cities, including the City, try to manage on-street parking in front of businesses as the most convenient source for short-term customer parking while providing for longer term, sometimes all-day use, of perimeter or side public streets and/or partial allocation of off-street public parking lots, depending on location. Frequently, when parking supply falls short of peak demands or revenues are required for facility development, cities resort to user fees or benefit assessment districts such as currently imposed in San Luis Obispo, Pismo Beach and is being considered in Paso Robles in the downtown areas. Parking management and enforcement is facilitated by such user metered spaces, but both are feasible by regulations alone without fees or meters. As a practical matter, the current "2-hour" time limit on Branch Street, Bridge Street, a half-block of Nelson Street, and parts of Olohan Alley, the Car Corral and MankinsILePoint Street public lots allow users to park almost "half day" between 9:00 a.m. and 6:00 p.m. Most offices open at 8:00 a.m. or 9:00 a.m., and most stores open at 10:OO a.m., so the employees who need more than 2 or 3. hours for the remaining "all day" side and perimeter streets, City Hall or other portions of Olohan Alley and LePoint Street lots (and many have private parking facilities). Additionally, there is no practical enforcement capability for a small area of 30- minute parking that exists on one section of E. Branch Street between Short Street and Bridge Street. Agenda Item 11.b. Page 3 CITY COUNCIL CONSIDERATION OF TWO HOUR PARKING RESTRICTIONS IN THE VILLAGE AND LIMITED PARKING IN PARKING LOTS OCTOBER 25,201 1 PAGE 4 Part-time parking enforcement by the City Police Department includes monitoring and marking tires in the morning and returning in the afternoon to again mark or ticket vehicles that have not moved. Some employees (and business owners) park from 8:00 or 9:00 to noon, leave at lunch and then return to an available space for the afternoon. There are some habitual violators who know the routine schedule of the enforcement officer and park in limited time spaces all day by minor moves or other avoidance tactics rather than just park a little further away in "all day" spaces. An average of one or two tickets are issued daily. The primary issue is employees parking allday in the 2-hour parking spaces. The Village Improvement Association proposes to better address this through education. Removing 2-hour parking signage in the Car Corral and Olohan Alley parking lots may increase an existing problem of people parking cars in municipal parking lots overnight or over consecutive nights. Staff proposes that the Council introduce an ordinance that would amend Section 10.16.100 of the Municipal Code that prohibits vehicles, mobile homes, boats and trailers in the public right-of-way for more than 72-hours to include municipal parking lots. Additionally, staff proposes a clean-up amendment to Section 10.16.050 to cite the correct code reference to Section 10.1 6.055 instead of a previously repealed section, 10.1 6.1 60. ALTERNATIVES: 1. Eliminate 2-hour parking except on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between W. Branch Street and the Bridge Street Bridge, and introduce the ordinance regarding limited parking in municipal parking lots; 2. Lengthened time limits to 3-hour or 4-hour parking and introduce the ordinance regarding limited parking in municipal parking lots; 3. Suspend 2-hour time limits entirely and introduce the ordinance regarding limited parking in municipal parking lots; or 4. Conduct a trial period for alternative 1, 2,or 3 and introduce the ordinance regarding limited parking in municipal parking lots; 5. Modify or do not introduce the ordinance regarding limited parking in municipal : parking lots; 6. Recommend against any changes at this time. ADVANTAGES: Advantages for each identified alternative are included below: 1. Eliminate 2-hour parking except on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between W. Branch Street and the Bridge Street Bridge: this alternative would allow shorter term Agenda Item 11.b. Page 4 CITY COUNCIL CONSIDERATION OF TWO HOUR PARKING RESTRICTIONS IN THE VILLAGE AND LIMITED PARKING IN PARKING LOTS OCTOBER 25,201 1 PAGE 5 customer parking on E. Branch Street and thus convenient to most businesses in the Village Core Downtown District but ample parking to be available for all day users and business ownerslemployees. 2. Lengthened time limits to 3-hour or 4-hour parking: the 2-hour time limit is too short for some one-stop multi-purpose shopping, eating and errand trips which might be better accomplished with one stop lasting 3 or 4 hours. The 2-hour limit thus encourages a customer to unnecessarily move from one parking space to another to complete the multi-purpose trip. 3. Suspend 2-hour time limits entirely: this is a simple solution and it will facilitate the objectives identified by the Village Improvement Association. 4. Conduct a trial period for alternative 1, 2 or 3: this alternative would allow for a trial period where businesses could see the impact of a modification. Temporarily, decal stickers may be used to modify existing signage. 5. The proposed ordinance will correct an ongoing problem with overnight parking of vehicles in municipal parking lots that may be exacerbated by the removal of two-hour parking signage. 6. Recommend against any changes at this time: Any change to parking time limits andlor suspension of enforcement creates confusion and complicates public acceptance or understanding of regulations remaining. DISADVANTAGES: Disadvantages for each identified alternative are included below: Eliminate 2-hour parking except on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between W. Branch Street and the Bridge Street Bridge: decreasing the availability of short term parking may encourage business ownerslemployees to park in areas of parking lots closest to businesses and thus force customers to park further away from such businesses. However, the VIA proposes that this problem be addressed by the businesses themselves instead of through City regulation. 2. Lengthened time limits to 3-hour or 4-hour parking: if 3 hour or longer time limits to encourage "more friendly customer parking" are adopted, it will require more frequent and stricter monitoringlmarking to prevent ,the available on-street and off-street limited time areas from being further abused by employees and owners. If a 4 hour limit were allowed between 9:00 a.m. and 6:00 p.m., many would park in the most convenient spaces all Agenda Item 11.b. Page 5 CITY COUNCIL CONSIDERATION OF TWO HOUR PARKING RESTRICTIONS IN THE VILLAGE AND LIMITED PARKING IN PARKING LOTS OCTOBER 25,201 1 PAGE 6 morning, move their vehicle during noon and return to park in the most convenient spaces all afternoon. Enforcement on a strict 3 hour schedule at 9:30, 12:30 and 3:30 could attempt to prevent such abuse, but it would not be much different than the current more flexible (and less predictable) enforcement program. One apparent problem is that the City and VIA would like to encourage customers and employees to remain in the Village during noon for lunch and encourage multipurpose parking for other shopping and services before or after. 3. Suspend 2-hour time limits entirely: The total removal of time limits would enable and facilitate all-day parking abuses in any and all public spaces without providing for shorter term customer parking convenient to all businesses in the Village Core Downtown district. 4. Conduct a trial period for alternative 1 or 2: this alternative may cause confusion for potential customers. 5. Staff has not identified any disadvantages with the proposed ordinance to correct an ongoing problem with overnight parking of vehicles in public parking lots that may be exacerbated by the removal of 2-hour parking signage. 6. ~ecommend against any changes at this time: Any change to parking time limits andlor suspension of enforcement creates confusion and complicates public acceptance or understanding of regulations. ENVIRONMENTAL REVIEW: In accordance with the California Environmental Quality Act (CEQA) Guidelines, staff has determined that this project is categorically exempt per Section 15301 of CEQA Guidelines. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday October 20, 2011 and posted on the City's website on Friday, October 21,201 1. Attachments: 1. Letter from Bob Lund, Executive Director of the Village Improvement Association requesting elimination or lengthening time limits for parking in the Village. Agenda Item 11.b. Page 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAINTAINING RESTRICTED PARKING IN THE VILLAGE FOR TWO-HOUR PARKING ON WEST AND EAST BRANCH STREET BETWEEN 'TRAFFIC WAY AND MASON STREET AND ON BRIDGE STREET BETWEEN WEST BRANCH STREET AND THE BRIDGE STREET BRIDGE WHEREAS, Chapter 10.16 of the Arroyo Grande Municipal Code regulates parking of vehicles on City streets and municipal parking lots; and WHEREAS, on June 24, 2008, the City Council adopted an ordinance to allow the Council to adopt two-hour parking restrictions on any street or in any municipal parking lot by Resolution; and WHEREAS, on August 18., 2011, the City received a request from the Executive Director of the Village Improvement Association to eliminate or extend time limits on two-hour parking areas in the Village; and WHEREAS, on October 18, the Downtown Parking Advisory Board met and recommended to the City Council to eliminate restricted parking in the Village except on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between West Branch Street and the Bridge Street Bridge, and to make all restricted parking in the Village two-hour parking. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby limit restricted parking in the Village Core Downtown District to two-hour parking on West and East Branch Street between Traffic Way and Mason Street and on Bridge Street between West Branch Street and the Bridge Street Bridge as shown in Exhibit "A attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution supersedes all previous Resolutions pertaining to parking time limitations in the Village Core Downtown District. FURTHER, this Resolution shall be effective upon the effective date of Ordinance No. On motion by Council Member seconded by Council Member and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 25ith day of October, 201 1. Agenda Item 11.b. Page 7 RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Agenda Item 11.b. Page 8 Ag e n d a I t e m 1 1 . b . Pa g e 9 ORDINANCE NO. AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 10.16 OF 'I'ITLE 10 (VEHICLES AND TRAFFIC) OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING PARKING WHEREAS, Chapter 10.1 6 of the Arroyo Grande Municipal Code has been established to regulate parking of vehicles on City streets and municipal parking lots; and WHEREAS, there is a need to ensure that the City's parking laws are enforceable by the City's Police Department; and WHEREAS, the Downtown Parking Advisory Board has reviewed parking issues and has made recommendations to the City Council regarding limited parking in and around the Village Core Downtown District. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference. SEC'TION 2: Arroyo Grande Municipal Code Section 10.16.050 is hereby amended as follows: 10.16.050 Limited parking - Determination by resolution. The council may, from time to time, limit or restrict the length of time for which vehicles may be parked upon any street and municipal parking lot, including those streets and I parking lots set forth in Section 10.16.WQ055 of this chapter, within the city. Such limitations or restrictions may be effectuated by resolution of the council specifying the streets and/or parking lots and the limitations and restrictions on parking thereon. SECTION 3: Arroyo Grande Municipal Code Section 10.16.100 is hereby amended as follows: 10.16.100 Parking vehicles, mobilehomes, boats and trailers in public rights-of- I way or municipal parking lots for more than seventy-two (72) hours prohibited. No vehicle, mobilehome, vaatiw-boat, or pole or utility trailer may be parked within a public right-of-way or municipal parkiqg lot of the city for any continuous period exceeding seventy-two (72) hours, except as otherwise provided in Section 10.1 6.1 10 of this chapter. SECTION 4: 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. Agenda Item 11.b. Page 10 ORDINANCE NO. PAGE 2 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 5: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption. SECTION 6: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (1 5) 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 7: This Ordinance shall take effect thirty (30) days from the date of adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Ordinance was adopted this day of November, 201 1. Agenda Item 11.b. Page 11 ORDINANCE NO. PAGE 3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, ClTY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, ClTY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, ClTY ATTORNEY Agenda Item 11.b. Page 12