Agenda Packet 2011-11-08City Coiuicil
Tony Ferrara, Mayor/Chair
Caren Ray, Mayor Pro Tem/Vice Chair
Joe Costello, Council/Board Member
Jim Guthrie, Council/Board Member
Tim Brown, Council/Board Member
Ageiicla
Steven Adams, City Manager
Timothy J. Carmel , City Attorney
Kelly Wetmore, City Clerk
AGENDA SUMMARY
CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
TUESDAY, NOVEMBER 8, 2011
7:00 P.M.
1. CALL TO ORDER:
2. ROLL CALL
3. FLAG SALUTE:
4.
5.
6.
6.a.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
7:00 P.M.
CC/RDA
ARROYO GRANDE LIONS CLUB
INVOCATION: PASTOR RANDY OUIMETTE
ST. JOHN'S LUTHERAN CHURCH;
CHAPLAIN, FIVE CITIES FIRE AUTHORITY
SPECIAL PRESENTATIONS:
None.
AGENDA REVIEW:
Move that all ordinances presented for introduction or adoption be read in title only
and all further readings be waived.
AGENDA SUMMARY — NOVEMBER 8, 2011
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
♦ Direct City staff to assist or coordinate with you.
♦ A Council Member may state a desire to meet with you.
♦ It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
♦ Comments should be limited to 3 minutes or less.
♦ Your comments should be directed to the Council as a whole and not directed
to individual Council members.
♦ Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any member of the public who wishes
to comment on any Consent Agenda item may do so at this time. Any Council
Member may request that any item be withdrawn from the Consent Agenda to permit
discussion or change the recommended course of action. The City Council may
approve the remainder of the Consent Agenda on one motion.
8.a. Consideration of Cash Disbursement Ratification (KRAETSCH)
Recommended Action: Ratify the listing of cash disbursements for the period
October 16, 2011 through October 31, 2011.
8.b. Consideration of Approval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Regular City Council meeting of
October 25, 2011, as submitted.
8.c. Consideration of Cancellation of December 27, 2011 Citv Council Meetinq
(ADAMS)
Recommended Action: Cancel the regularly scheduled Council meeting of
December 27, 2011 due to the holiday and furloughs.
8.d. Consideration of Policv Reqardinq the Deleqation of Claims Handlinq
Responsibilities to the California Joint Powers Insurance Authoritv
(ADAMS/CARMEL)
Recommended Action: Adopt a Resolution establishing a policy that delegates tort
liability claims handling responsibilities to the California Joint Powers Insurance
Authority, as authorized by Government Code Sections 910, et seq.
AGENDA SUMMARY — NOVEMBER 8, 2011
PAGE 3
8. CONSENT AGENDA (cont'd):
8.e. Consideration of Temporarv Use Permit Case No. 11-021 Authorizinq the
Closure of Citv Streets for the Annual Arrovo Grande Villaqe Improvement
Association Christmas Parade, November 27, 2011 (MCCLISH)
Recommended Action: Adopt a Resolution approving Temporary Use Permit 11-
021 for the annual Arroyo Grande Village Improvement Association Christmas
Parade.
8.f. Consideration of an Award of Contract to Brouqh Construction, Inc. for
Construction of the Citvwide Concrete Repair Proiect, PW 2011-08 (MCCLISH)
Recommended Action: 1) Award a contract for the Citywide Concrete Repair Project
to Brough Construction, Inc. in the amount of $69,126; and 2) Authorize the City
Manager to approve change orders for 10% of the contract amount, $6,913, for
unanticipated costs during the construction phase of the project.
8.g. Consideration of a Second Amendment with Water Svstems Consultinq, Inc. for
Updates to the Water and Sewer Master Plans (MCCLISH)
Recommended Action: 1) Approve a Second Amendment to the Consultant
Services Agreement with Water Systems Consulting, Inc., in the amount of $9,146 for
updates to the Water and Sewer Master Plans; 2) Authorize the Mayor to sign the
Second Amendment with Water Systems Consulting Inc.; and 3) Appropriate $4,573
from the Water Fund and $4,573 from the Sewer Fund into the Water and Sewer
Master Plan project.
8.h. Consideration of Month to Month Aqreement for Contractor Street Services with
SP Maintenance (ADAMS)
Recommended Action: Approve a temporary month to month agreement with SP
Maintenance Services for street sweeping services.
8.i. Consideration of Adoption of an Ordinance Amendinq Chapter 10.16 of the
Arrovo Grande Municipal Code Reqardinq Parkinq (MCCLISH)
Recommended Action: Adopt an Ordinance amending portions of Chapter 10.16 of
Title 10 (Vehicles and Traffic) of the Arroyo Grande Municipal Code regarding
parking.
8.j. Adoption of an Ordinance Amendinq Chapter 8.12 of the Arrovo Grande
Municipal Code Reqardinq the Emerqencv Services Orqanization (HUBERT)
Recommended Action: Adopt an Ordinance amending Chapter 8.12 of Title 8
(Health and Safety) of the Arroyo Grande Municipal Code regarding the Emergency
Services Organization.
AGENDA SUMMARY — NOVEMBER 8, 2011
PAGE 4
9. PUBLIC HEARINGS:
9.a. Consideration of a Resolution Amendinq the Desiqn Guidelines and Standards
for Mixed Use Districts and Amendinq the Public Art Guidelines and an
Ordinance Amendinq Chapter 16.08 of the Arrovo Grande Municipal Code to
Incorporate the Guidelines bv Reference (MCCLISH)
Recommended Action: 1) Adopt a Resolution amending the Design Guidelines and
Standards for Mixed Use Districts and modifying the Public Art Guidelines and the
Public Art Donation Program; and 2) Introduce an Ordinance amending Chapter
16.08 of the Arroyo Grande Municipal Code to incorporate the Guidelines by
reference.
9.b. Consideration of Staff Proiect 11-003; Location — Citvwide; Applicant — Citv of
Arroyo Grande; Introduction of an Ordinance Addinq Chapter 9.32 to Title 9 of the
Arrovo Grande Municipal Code Reqardinq Mobile Vendinq (MCCLISH)
Recommended Action: Introduce an Ordinance adding Chapter 9.32 to Title 9 of the
Arroyo Grande Municipal Code regarding regulations of mobile vending within the City.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of Fiscal Year 2011-12 First Quarter Budqet Status Report
(KRAETSCH)
[CC/RDA]
Recommended Action: Approve Carryover Appropriations as shown on Schedule A
and approve budget adjustments and recommendations as listed in the Quarterly
Financial Report and shown on Schedule A.
12. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and/or request a formal
agenda report be prepared and the item placed on a future agenda. No formal action
can be taken.
None.
13. 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.
AGENDA SUMMARY — NOVEMBER 8, 2011
PAGE 5
14. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
15. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
16. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
17. ADJOURNMENT
*************************
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the
agenda are available for public inspection during regular business hours in the City Clerk's office, 300 E.
Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative
formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request
for disability-related modification or accommodation, contact the Legislative and Information Services
Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date.
*************************
This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports
can be accessed and downloaded from the City's website at wwwearr�v��rand�e�rq
**************************
City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande's Government Access Channel 20. The rebroadcast schedule is published at wwwesl�-s�ane�r�.
THIS PAGE INTENTIONALLY LEFT BLANK
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TO:
FROM:
BY:
SUBJECT:
DATE:
CITY COUNCIL
MEMORANDUM
ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICE
TRICIA MEYERS, SENIOR ACCOUNT CLERK�i✓I
CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period Oct 16 through Oct 31, 2011.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a$1,244,847.88 fiscal impact that includes the following items:
Accounts Payable Checks 151720-151961 $
Payroll Checks & Benefit Checks $
No or minimal future staff time is projected.
771,650.63
473,197.25
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
CITY COUNCIL
CONSIDERATION OF CASH DISBURSEMENT RATIFICATION
NOVEMBER 8, 2011
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 identiFed as long as City Council conFrms all
expenditures are appropriate.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NO'fIFICA'fION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, November 3, 2011. The
Agenda and report were posted on the City's website on Friday, November 4, 2011. No
public comments were received.
Attachments:
1. Oct 16- Oct 31, 2011 — Accounts Payable Check Register
2. Oct 21, 2011 — Payroll Check 8 Benefit Checks Register
Agenda Item 8.a.
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Page 22
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Page 23
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Page 24
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Page 25
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Page 26
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CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
9/30/2011 -10/13/2011
10/21/11
FUND 010 309,857.35
FUND 216 -
FUND 217 -
FUND 219 -
FUND 220 17,736.00
FUND 226 -
FUND 284 57.70
FUND 285 1,163.18
FUND 290 114,511.24
FUND 612 6,863.79
FUND 640 23,007.99
473,19725
OVERTIME BY DEPARTMENT:
Admin. Support Services -
Community Development -
Police 7,854.45
Fire � 8,133.38
Govrnment Bldg Maint.
Engineering
Fleet Maintenance
Parks
Recreation - Admn
Rec - Special Events -
Children In Motion -
Soto Sport Complex
Public Works Maintenance 1,181.31
17,169.14
5101
5102
5103
5105
5107
5108
5109
5110
5111
5112
5113
5114
5115
5121
5122
5123
5126
5127
5131
5132
5133
5134
5135
5143
5144
5146
5147
5148
5149
5150
5151
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 Securiry
PARS Retirement
State Disability Ins.
Deferred Compensation
Health Insurance
Dental Insurance
Vision Insurance
Life Insurance
Long Term Disability
Uniform Allowance
Car Allowance
Council Expense
Employee Assistance
Boot Allowance
Motor Pay
Bi-Lingual Pay
Cell Phone Allowance
ATTACHMENT 2
222, 799.90
17, 386.43
28,861.91
17,169.14
352.50
2,644.91
5,261.01
10, 736.97
5, 972.64
5, 352.68
77,938.38
21,357.48
595.97
1, 532.67
633.21
46,024.47
4,724.72
1,078.62
465.52
867.65
675.00
219.83
90.64
125.00
330.00
473,197.25
Agenda Item 8.a.
Page 54
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 25, 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular Ciry Council meeting to order at 7:02 p.m.
2. ROLL CALL
Ciry Council: Council Member Joe Costello, Council Member Tim Brown, Council
Member Guthrie, Mayor Pro Tem Caren Ray, and Mayor Tony Ferrara
were present.
Ciry Staff Present: Ciry Manager Steven Adams, Ciry Attorney Timothy Carmel, Ciry Clerk
Kelly Wetmore, Director of Administrative Services Angela Kraetsch,
Director of Recreation and Maintenance Services Doug Perrin, Five Cities
Fire Authoriry Fire Chief Mike Hubert, Five Cities Fire Authoriry
Administrative Officer David Mathe, and Communiry Development
Director Teresa McClish.
3. FLAG SALUTE
Mayor Ferrara led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Guthrie 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
None.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. There were no comments
received, and the public comment period was closed.
In response to a request for clarification by Mayor Ferrara regarding Item 8.d. as it relates to the
Landmark Tree designation process, staff explained that historically, the Parks and Recreation
Commission has reviewed and made recommendations to the City Council even though the
Ordinance allows either the Planning Commission or Parks and Recreation Commission to
make recommendations. Mayor Ferrara suggested that at some future time the Ordinance be
modified to have only the Parks and Recreation Commission review issues regarding trees.
Agenda Item 8.b.
Page 1
Minutes: City Council Meeting
Tuesday, October 25, 2011
Page 2
Action: Council Member Costello moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.f„ with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Costello, Brown, Guthrie, Ray, Ferrara
NOES: None �
ABSENT: None
8.a.
8.b.
8.c.
8.d.
8.e
8.f.
Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 1, 2011 through
October 15, 2011.
Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the Ciry,
as of September 30, 2011, as required by Government Code Section 53646(b).
Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular Ciry Council Meeting of October 11, 2011,
as submitted.
Consideration of Resolutions Designating Landmark Trees.
Action: 1) Adopted Resolution No. 4404 entitled: "A RESOLUT/ON OF THE CITY
COUNC/L OF THE CITY OF ARROYO GRANDE DES/GNAT/NG A COASTAL L/VE
OAK LOCATED AT 202 AVEN/DA DE D/AMANTE AS LANDMARK TREE #11-66";
and 2) Adopted Resolution No. 4405 entitled: "A RESOLUT/ON OF THE CITY
COUNC/L OF THE CITY OF ARROYO GRANDE DES/GNAT/NG A JACARANDA
LOCATED AT 404 EAST BRANCH STREET AS LANDMARK TREE #11-67".
Consideration of a Resolution Accepting Easements and Public Improvements
Located at 263 Spruce Street; S8S Homes of the Central Coast.
Action: Adopted Resolution No. 4406 entitled: "A RESOLUT/ON OF THE CITY
COUNC/L OF THE CITY OF ARROYO GRANDE ACCEPT/NG EASEMENTS AND
IMPROVEMENTS FOR PARCEL MAP AG 05-0198 AND PLANNED UN/T
DEVELOPMENT 11-003; LOCATED AT 263 SPRUCE STREET".
Consideration of an Award of Contract to Brough Construction, Inc. for
Construction of the Castillo Del Mar Bike Path Project, PW 2011-05.
Action: 1) Awarded a contract for the Castillo Del Mar Bike Path Project to Brough
Construction, Inc. in the amount of $110,378; and 2) Authorized the Ciry 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.
Director of Administrative Services Kraetsch presented the staff report and recommended the
Council adopt an Ordinance authorizing an amendment to the contract between the Ciry and the
Board of Administration of the California Public Employees' Retirement Systern for local police
members.
Agenda Item 8.b.
Page 2
Minutes: City Council Meeting Page 3
Tuesday, October 25, 2011
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 adopt an Ordinance entitled: "AN ORD/NANCE
OF THE C/TY COUNCIL OF THE C/TY OF ARROYO GRANDE AUTHOR/Z/NG AN
AMENDMENT TO THE CONTRACT BETWEEN THE C/TY AND THE BOARD OF
ADM/N/STRAT/ON OF THE CALIFORN/A PUBLIC EMPLOYEES' RET/REMENT SYSTEM
FOR LOCAL POLICE MEMBERS". 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
11. NEW BUSINESS
11.a. 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.
Chief Hubert and Administrative Officer David Mathe presented the staff report and
recommended the Council: 1) Introduce an 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. Staff
responded to questions from Council. Council Member Costello clarified a conflicting provision
in Section 8.12.080 of the Ordinance regarding positions responsible for preparing Emergency
Plans.
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 adopt a Resolution entitled: "A RESOLUT/ON OF
THE C/TY COUNCIL OF THE C/TY OF ARROYO GRANDE ADOPT/NG THE C/TY OF
ARROYO GRANDE EMERGENCY OPERAT/ONS PLAN". 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
Action: Mayor Pro Tem Ray moved to introduce an Ordinance entitled: "AN ORD/NANCE OF
THE C/TY COUNCIL OF THE C/TY OF ARROYO GRANDE AMEND/NG CHAPTER 8.12 OF
T/TLE 8(HEALTH AND SAFETI� OF THE ARROYO GRANDE MUN/C/PAL CODE
REGARD/NG THE EMERGENCY SERVICES ORGAN/ZAT/ON". Council Member Guthrie
seconded, and the motion passed on the following roll call vote:
AYES: Ray, Guthrie, Costello, Brown, Ferrara
NOES: None
ABSENT: None
Agenda Item 8.b.
Page 3
Minutes: City Council Meeting
Tuesday, October 25, 2011
Page 4
11.b. 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 Regardir�g Parking.
Community Development Director McClish presented the staff report and recommended the
Council: 1) 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) Introduce an Ordinance
amending portions 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 code section.
Staff responded to questions from Council.
Mayor Ferrara opened the public comment period. Speaking from the public were Robert
McGuire, Village business owner, in support of the proposals; and Vickie Wambolt, Village
business owner, in support of the proposals. There were no other comments received, and the
public comment period was closed.
Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUT/ON OF
THE C/TY COUNC/L OF THE C/TY OF ARROYO GRANDE MA/NTA/N/NG RESTR/CTED
PARK/NG /N THE VILLAGE FOR TWO-HOUR PARK/NG ON WEST AND EAST BRANCH
STREET BETWEEN TRAFF/C WAY AND MASON STREET AND ON BR/DGE STREET
BETWEEN WEST BRANCH STREET AND THE BR/DGE STREET BR/DGE". 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
Action: Council Member Costello moved to introduce an Ordinance entitled: "AN
ORD/NANCE OF THE C/TY COUNC/L OF THE C/TY OF ARROYO GRANDE AMEND/NG
PORT/ONS OF CHAPTER 10.16 OF T/TLE 10 (VEH/CLES AND TRAFF/C) OF THE ARROYO
GRANDE MUN/C/PAL CODE REGARD/NG PARK/NG". Council Member Guthrie seconded,
and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Brown, Ray, Ferrara
NOES: None
ABSENT: None
12. CITY COUNCIL REPORTS
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City's
appointed representative.
Agenda Item 8.b.
Page 4
Minutes: City Council Meeting
Tuesday, October 25, 2011
Page 5
(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA).
(2) South San Luis Obispo Counry Sanitation District (SSLOCSD)
(3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee
(4) 5 Cities Diversity Coalition
(b) Mayor Pro Tem Ray:
(1) Economic Vitaliry Corporation (EVC)
(2) California Joint Powers Insurance Authoriry (CJPIA)
(3) Tourism Committee
(4) South County Library Donor Recognition Committee
(c) Council Member Costello:
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authoriry (FCFA)
(d) Council Member Guthrie:
(1) South Counry Area Transit (SCAT)
(2) Communiry Action Partnership (CAPSLO)
(3) Homeless Services Coordinatir�g Council (HSOC)
(e) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) Counry Water Resources Advisory Committee (WRAC).
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Brown announced that the benefit fundraiser for Ira Hughes was a success
and was well attended.
15. STAFF COMMUNICATIONS
Ciry Manager Adams acknowledged that there have been some video problems on Channel 20
and that a meetir�g is being scheduled with the operator (AGP Video) and Charter
Communications to discuss the matter.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor Ferra�a adjourned the meeting at 7:50 p.m.
Agenda Item 8.b.
Page 5
Minutes: City Council Meeting
Tuesday, October 25, 2011
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Page 6
Agenda Item 8.b.
Page 6
�PRR� �O
� cp
� INCORPORATEO �Z
� ° MEMORANDUM
� JU�Y ��. ,B „ *
c4��FORN�P
To: cinr couNCi�
FROM: STEVEN ADAMS, CITY MANAGER j
SUBJECT: CONSIDERATION OF CANCELLAI'ION OF DECEMBER 27, 2011
CITY COUNCIL MEETING
DATE: NOVEMBER 8, 201'f
RECOMMENDATION:
It is recommended the City Council cancel the regularly scheduled Council meeting
of December 27, 2011 due to the holiday and furloughs.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no fiscal impact and a workload reduction impact on staffing resources.
BACKGROUND:
Traditionally, the City Council has cancelled the second regularly scheduled
December meetir�g due to scheduling conflicts surrounding the holidays.
ANALYSIS OF ISSUES:
The City Council meets twice a month on the second and fourth Tuesdays. The
second meeting in December generally falls during the week of Christmas and
historically the Council has cancelled the meeting. This year the regular meeting is
sched�uled for Tuesday, December 27�'. It is especially necessary this year to cancel
the meeting because non-paid furloughs are going to be implemented that week and
City Hall will be closed. According to Fair Labor Standards Act regulations, if
management employees work during furloughs, they lose their exempt status and
would have to be paid for those hours.
ALTERNATIVES:
"fhe following alternatives are provided for the Council's consideration:
- Cancel the December 27�' meeting;
- Do not cancel the December 27�' meeting and appropriate additional funds for
work hours for staff to attend;
- Reschedule the December 27�' meeting;
- Provide direction to staff.
Agenda Item 8.c.
Page 1
CITY COI,INCIL
CONSIDERATION OF CANCELLATION OF DECEMBER 27, 2011 CITY COUNCIL
MEETING
NOVEMBER 8, 2011
PAGE 2
ADVANTAGES:
By canceling the December 27�' meeting, this would allow City employees, as well
as the Council, an opportunity to enjoy the holidays with their families. It will also
avoid costs associated with working during a furlough week.
DISADVANTAGES:
Cancellation of the
following meetings.
meeting normally results in heavier agendas at the prior and
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, November 3, 2011. The
Agenda and report were posted on the City's website on Friday, November 4, 2011.
No public comments were received.
Agenda Item 8.c.
Page 2
� �
PPapYO GRqNDE
��::,��.�� ' .,:;hii
/� a��ssra
TO:
CITY COIJNCIL
MEMORANDUM
FROM: STEVEN ADAMS, CITY MANAGER �
TIMOTHY J. CARMEL, CITY ATTORNEY'C�
DATE: NOVEMBER 8, 2011
SUBJECT: CONSIDERATION OF POLICY REGARDING THE DELEGATION OF
CLAIMS HANDI_ING RESPONSIBILITIES TO THE CALIFORNIA
JOINT POWERS INSURANCE AUTHORITY
RECOMMENDAI'ION:
It is recommended the City Council adopt a Resolution establishing a policy that
delegates tort liability claims handling responsibilities to the California Joint Powers
Insurance Authority, as authorized by Government Code Sections 910, et seq.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact for establishing the policy. Delegating all aspects of claims
handlir�g responsibilities to CJPIA will further streamline the process and reduce staff
time spent on preparing various response letters and other administrative tasks.
BACKGROUND:
The City of Arroyo Grande is a member of the California Joint Powers Insurance
Authority (CJPIA) with coverage for general liability and workers' compensation through
its membership. The City pools its claims and losses with other CJPIA merribers
under a Memorandum of Coverage.
Pursuant to Government Code Sections 910, et seq., the Joint Powers Agreement that
created the California JPIA also authorizes it to exercise certain powers that are common
to all members and that are appropriate to defend and indemnify members from claims
under the Memorandum of Coverage.
ANALYSIS OF ISSUES:
Since the time that the City contracted with CJPIA, claims against the City have been
handled administratively by staff in conjunction with Carl Warren & Company, the third
party agency contracted by CJPIA to investigate and defend liability claims against the
City. When directed by Carl Warren & Company, staff prepares and sends denial letters
to the claimants following appropriate Council action. If the claim is to be returned as
insufficient or untimely, staff is directed to prepare the lette� and return the claim to the
Agenda Item 8.d.
Page 1
cirr couNCi�
CONSIDERATION OF POLICY REGARDING THE DELEGAI'ION OF CLAIMS
HANDLING RESPONSIBILITIES
NOVEMBER 8, 2011
PAGE 2
claimant accordingly. In a risk management audit conducted by CJPIA, it was discovered
that when the City first joined the Authority, the Memorandum of Coverage was executed;
however, the City did not officially adopt a Resolution which delegates all tort liability
claims handling responsibilities to CJPIA.
Under the proposed Resolution, the CJPIA will administer all liability claims handling
responsibility for the City, including settling, accepting, rejecting, returning as insufficient,
or returning as untimely, any claims against it, and providing any notices authorized
under those statues on behalf of the City. Therefore, this action does not change the
process for handling claims. It is simply cleanup action to implement the requirements
when the City first joined the CJPIA.
It should be noted that the City Manager, in conjunction with the City Attorney, retains the
authority to direct CJPIA to settle a claim for property damage in an amount up to $2,000.
In these instances, the City would incur a minimal administrative handling cost related to
obtaining a settlement release of liability on behalf of the City, and the settlement would
not be applied to the insurance pool.
ADVANTAGES:
The policy for claims handling will be formally established in compliance with the terms of
the Memorandum of Coverage. The claims handling procedure will be further streamlined
and eliminate unnecessary time delays in processing claims. �
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review was required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, November 3, 2011, 2011. The
Agenda and staff report were posted on the City's website on Friday, November 4, 2011.
Agenda Item 8.d.
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A POLICY THAT
DELEGATES TORT I_IABILITY CLAIMS HANDLING
RESPONSIBILII'IES TO THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY AS AUTHORIZED BY
GOVERNMENT CODE SECTIONS 910, ET SEQ.
WHEREAS, the City of Arroyo Grande is a member of the California Joint Powers
Insurance Authority (California JPIA), and pursuant to Government Code Sections
990.4, et seq. and 65�0 et seq., pools its self-insi�red liability claims and losses with
other California JPIA members under a Memorandum of Coverage; and
WHEREAS, the Joint Powers Agreement creating the California JPIA authorizes it to
exercise powers common to members and appropriate to defend and indemnify
members from liability claims under the Memorandum of Coverage.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. The City of Arroyo Grande delegates to California JPIA authority to act on its behalf
pursuant to Government Code sections 910, et seq. to accept, reject, return as
insufficient, or return as untimely any claims against it, and to provide any notices
authorized under those statues on behalf of the City of Arroyo Grande.
2. This Resolution shall become effective immediately upon its adoption.
3. The City of Arroyo Grande City Clerk shall certify to the adoption of this Resolution.
On motion of Council Member , seconded by Council Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2011.
Agenda Item 8.d.
Page 3
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 8.d.
Page 4
�PRROro
�°` ��
� INCORPORATED 92
" " MEMORANDIIM
# �u�r ,o. �e„ ,�
P
C4�/FORN�
TO: CITY COUNCIL
FROM: TERESA MCCLISH DIRECTOR OF COMMUNITY DEVELOPMENT
BY: RYAN FOSTER, ASSOCIATE PLANNER
SUBJECT: CONSIDERAI'ION OF TEMPORARY USE PERMIT CASE NO. 11-021
AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL
ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION
CHRISTMAS PARADE, NOVEMBER 27, 2011
DATE: NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving Temporary Use
Permit 11-021 for the Annual Arroyo Grande Village Improvement Association
Christmas Parade.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total cost of the parade is estimated to be $1,294. Parade cost estimates include
overtime for staff to place and remove no parking signs; renting, placing and removing
water barricades, and the provision of up to two police officers to direct traffic and
ensure safety. Beginning last year, the City split these costs evenly with the applicant.
"fhis amounts to an estimated cost of $647 to the City.
BACKGROUND:
The Village Improvement Association's Christmas parade has been held annually for
seven consecutive years on the Sunday immediately after Thanksgiving. This year's
parade is scheduled for November 27, 2011 from 5:00 PM to 6:00 PM. Other events
occur in the Village before and after the Parade including a choir perFormance, tree
lighting, nativity scene, a visit from Santa Claus and the screening of a movie in
Heritage Square Park.
ANALYSIS OF ISSUES:
The parade stages in the Bank of America parking lot and proceeds onto Wesley Street
and immediately turns east on West Branch Street and continues until turning south
onto Short Street where it terminates and disbands in Olohan Alley. The parade route
requires the closure and "No Parking" restrictions on Wesley Street from Larchmont to
West Branch Street and West and East Branch Street from Wesley Street to Mason
Street from 4:30 PM until 7:00 PM. In the past, streets were opened at 6:30 PM;
Agenda Item 8.e.
Page 1
CITY COUNCIL
CONSIDERA'fION OF CHRISTMAS PARADE STREET CLOSURE
NOVEMBER 8, 2011
PAG E 2
however, the applicant has requested an additional half-hour closure this year to
minimize conflicts befinreen parade participants and those participating in other events.
ADVANTAGES:
"fhe Christmas Parade serves as a community event that allows citizens and visitors to
celebrate the holiday season with organized activities in the Village. The parade route is
well established and City staff involvement is minimal.
DISADVANTAGES:
"No Parking" restrictions and the closure of sections of West and East Branch Streets
will have an impact on traffic congestion. Motorists not familiar with the parade route will
have to use detours to get to their destinations which may increase travel time.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the attached Resolution approving Temporary Use Permit 11-021 for the
Annual Arroyo Grande Village Improvement Association Christmas Parade.
- Modify and adopt the attached Resolution.
- Do not adopt the attached Resolution.
- Provide direction to staff.
ENVIRONMENTAL REVIEW:
This event is categorically exempt per Section 15301 of the CEQA Guidelines.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, November 3, 2011. The
Agenda and report were posted on the City's website on Friday, November 4, 2011. No
public comments have been received as of this date.
Agenda Item 8.e.
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COIINCIL OF THE CITY OF
ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO.
11-021 AND AUTHORIZING THE CLOSURE OF CITY STREETS
FOR THE ANNUAL ARROYO GRANDE VILLAGE IMPROVEMENT
ASSOCIATION CHRISTMAS PARADE, NOVEMBER 27, 2011
WHEREAS, the Arroyo G�ande Village Improvement Association (AGVIA) applied for a
Temporary Use Permit to utilize City streets and property for a Christmas Parade; and
WHEREAS, the temporary closure of portions of Wesley Street and West and East Branch
St�eets will help to facilitate the parade for all people participating in the event;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does
hereby approve Temporary Use Permit 11-021 authorizing the following actions subject to
compliance with the conditions as set forth in Exhibit "A", attached hereto and incorporated
herein by this reference:
Wesley Street from Larchmont to West Branch Street and West and East Branch Street
from Wesley Street to Mason Street will be closed from approximately 4:30 PM to 7:00 PM
on November 27, 2011.
2. A"No Parking�Tow Away Zone" will be established on both sides of Wesley Street from
Larchmont to West Branch Street and West and East Branch Street from Wesley Street to
Mason Street from 4:30 PM until 7:OC1 PM on November 27, 2011.
3. "fhe applicant shall be refunded the Temporary Use Permit application fee.
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 8th day of November 2011.
Agenda Item 8.e.
Page 3
RESOLUTION NO.
PAG E 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 8.e.
Page 4
RESOLUTION NO.
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 11-021
GENERAL CONDITIONS:
1. "fhe applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. The event shall occur in substantial conformance with the application and plans on file in
the Community Development Department.
3. The applicant shall comply with all of the Conditions of Approval for Temporary Use
Permit 11-021.
4. The applicant shall agree to defend at his/her sole expense any action brought against
the City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employees, for any court costs and attorney's fees which the City, its
agents, officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
5. "fhe applicant shall notify all affected businesses and residents of street closures and
parking restrictions at least 48 hours prior to the event.
6. The applicant shall abide by all road closure and parade regulations as established by
the Police Department.
7. The applicant shall pay for half of the true City cost to ensure public safety, establish no
parking zones, close streets and to provide for two police officers. Applicant costs are
estimated to be $624.
8. The applicant shall comply with the Health Department regulations for all food products
provided or sold during the event.
9. Post "No Parking" signs 24 hours in advance.
Agenda Item 8.e.
Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.e.
Page 6
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TO:
FROM:
BY:
MEMORANDUM
CITY COUNCIL
DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE
SERVICES iJ• �
MIKE I_INN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERA'fION OF AN AWARD OF CONTRACT TO BROUGH
CONSTRUCTION, INC. FOR CONSTRUCTION OF THE CITYWIDE
CONCRETE REPAIR PROJECT, PW 2011-08
DATE: NOVEMBER 8, 2011
RECOMMENDAI"ION:
It is recommended the City Council:
1. Award a contract for the Citywide Concrete Repair Project to Brough
Construction, Inc. in the amount of $69,126; and
2. Authorize the City Manager to approve change orders for 10% of the contract
amount, $6,913, for unanticipated costs during the construction phase of the
project (total construction costs = $69,126 + $6,913 = $76,039).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Capital Improvement Program budget includes $12,500 from the Annual Concrete
Replacement Program and $91,426 from Miscellaneous Striping, Crosswalks,
Sidewalks, and ADA Ramps. These combined accounts will be depleted by
approximately $76,000. "fhere will be additional asphalt material and personnel costs
associated with the asphalt "pave backs". However, this project will reduce impacts on
streets staff resources by contracting sidewalk repair work. The project is also a
component of the Critical Needs Action Plan.
BACKGROUND:
The City has established a goal of eliminating all trip and fall hazards over a three-year
period. The project scope of work involves the replacement of sidewalk, curb and
gutter, and driveway app�oach segments for twenty-eight separate locations throughout
the City that have experienced damage from adjacent trees. Each site is unique, but
the general scope of work involves selective demolition of concrete and asphalt,
inspection of the tree roots by the City Arborist, root pruning, and the replacement of
Agenda Item 8.f.
Page 1
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT TO BROUGH CONSTRUCTION,
INC. FOR CONSTRUCTION OF THE CITYWIDE CONCRETE REPAIR PROJECT
PW 2011-08
NOVEMBER 8, 2011
PAGE 2
concrete sidewalk, driveway approaches, and curb and gutter to return the area to its
original condition. The work requires coordination to ensure that disruptions to the
streets are minimized. The final asphalt "pave backs" will be performed by City crews.
ANALYSIS OF ISSUES:
On September 27, 2011, three bids were opened for the Citywide Concrete Repair
Project. The lowest bid, from Kirk Construction, was in the amount of $44,562. Upon
review of the bid information, staff discovered an inconsistency in the cost proposal
which rendered their bid nonresponsive. Staff has determined the second low bid from
Brough Construction, Inc., in the amount of $69,126, to be responsive and recommends
the award of a contract accordingly.
The contract time is 45 calendar days. Work is expected to begin in early January
2012.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff's recommendation to award a contract to Brough Construction;
2. Do not award a contract for the p�oject at this time; or
3. Provide direction to staff.
ADVANTAGES:
The project will reduce the number of trip and fall hazards within the City.
DISADVANTAGES:
Performance of the project will deplete a large portion of the designated funding to
repair concrete throughout the City.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from CEQA pursuant to Guidelines Section
15301(c).
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted on Thursday, November 3, 2011. The agenda and staff report
was posted on the City's website on Friday, November 4, 2011. No public comments
were received as of the time of preparation of this report.
Attachment:
1. Bid Tabulations
Agenda Item 8.f.
Page 2
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SUBMITTED BY:
D-Kal Engineerir�g, Inc.
San Luis Obispo, CA
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
DEADLINE: September 27, 2011, 2:00 p.m.
CITYWIDE CONCRETE REPAIR PROJECT
B�ough Construction, Inc.
Arroyo Grande, CA
Kirk Construct'ion
Atascadero, CA
n
Kitty No , Deputy City Clerk
c:
TOTAL
$76,984.00
$69,126.25
$44, 562.00
Director of Community Development
Assistant City Engineer
City Manager
Agenda Item 8.f.
Page 3
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Agenda Item 8.f.
Page 4
�PRROr�
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� INCORPOqATE 9.l
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MEMORANDUM
TO: CITY COUNCIL �
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MIKE LINN, ASSISTANT CITY ENGINEER
SUBJECT: CONSIDERATION OF A SECOND AMENDMENT WITH WATER
SYSTEMS CONSULTING, INC. FOR UPDATES TO THE WATER AND
SEWER MASTER PLANS
DATE: NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended the City Council:
2
3.
Approve a Second Amendment to the Consultant Services Agreement with
Water Systems Consulting, Inc. ("Second Amendment") in the amount of $9,146
for updates to the Water and Sewer Master Plans;
Authorize the Mayor to sign the Second Amendment with Water Systems
Consulting Inc.; and
Appropriate $4,573 from the Water Fund and $4,573 from the Sewer Fund into
the Water and Sewer Master Plan project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Capital Improvement Budget includes a total of $98,730 to perform the updates
($52,750 budgeted for the Water Master Plan Update and $45,980 budgeted $5,484 for
the Sewer Master Plan Update). A total transfer of $9,146 to the CIP is requested;
comprised of $4,573 from the Water Fund and $4,573 from the Sewer Fi�nd.
Engineering staff will assist the consultant to provide mapping information for
incorporation into the project.
BACKGROUND:
On April 8, 2011, t
Consulting, Inc. in th
Sewer Master Plans.
to the agreement to
(UWMP) to coincide
Update project.
ie City Council approved an agreement with Water Systems
� amount of $99,465 to perform updates to the City's Water and
On May 24, 2011, the City Council approved a First Amendment
incorporate an update to the Urban Water Management Plan
with the scope of work for the Water and Sewer Master Plan
Agenda Item 8.g.
Page 1
CITY COUNCIL
CONSIDERATION OF A SECOND AMENDMENT WITH WATER SYSTEMS
CONSULTING, INC. FOR UPDATES TO THE WATER AND SEWER MASTER PLANS
NOVEMBER 8, 2011
PAG E 2
ANALYSIS OF ISSUES:
The original consultant scope of work included updating the water and sewer system
network within the City's Geographic Information System (GIS). "fhis will create a
complete and reliable GIS system that will enable accurate information for all
components of the water and sewer systems. However, the task has proven to be
much more involved than originally anticipated. Although the requirements for the
system mapping have not changed, the number of labor hours required to locate the
various documents, categorize the information and incorporate them into the GIS
system is much more than originally anticipated.
Staff negotiated a Second Amendment price with Water Systems Consulting, Inc. in the
amount of $9,146. All payments shall be verified on a monthly progress basis and the
pricing shall be based on pre-established terms and hourly rates. �
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
- Approve a Second Amendment to the Consultant Services Agreement with
Water Systems Consulting, Inc.;
- Do not approve Second Amendment; or .
- Provide direction to staff.
ADVANTAGES:
Approval of the Second Amendment will enable the consultant to complete the mapping
of the sewer and water system network within the City's Geographic Information
System.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
An environmental review is not required at this time. Staff will prepare an initial study in
accordance with California Environmental Quality Act (CEQA) requirements for
Council's consideration during a given milestone of the project (such as the consultanYs
50% completion submittal) when the particular components and its potential impacts, if
any can be better identified.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted on Thursday, November 3, 2011. "fhe agenda and staff reports
were posted on the City's website on Friday, November 4, 2011. No public comments
were received as of the time of preparation of this report.
Attachment:
1. Second Amendment to Consultant Services Agreement
Agenda Item 8.g.
Page 2
CONSULTANT SERVICES AGREEMENT
AMENDMENT NO. 2
This Second Amendment ("Second Amendment") to Consultant Services Agreement
("CSA") by and between the CITY OF ARROYO GRANDE and WATER SYSTEMS
CONSULTING, INC. (WSC) is made and entered into this day of November
2011.
WHEREAS, the parties entered into a CSA dated April 12, 2011 for preparation of the
Water and Sewer Master Plan Updates; and .
WHEREAS, the parties entered into a First Amendment to CSA dated May 24, 2011 for
preparation of the 2010 Urban Water Management Plan; and
WHEREAS, the parties desire to further modify the CSA as set forth herein.
NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. Section 1("TERM") of the Agreement, shall be modified in its entirety to read as
follows:
This Agreement shall be extended and remain and continue in effect until June
30, 2012, unless sooner terminated pursuant to the provisions of this
Agreement.
2. To include the additional services at �the increased cost as specified in Exhibit "A"
attached hereto and incorporated herein by this reference.
3. Except as modified herein, all other terms and conditions set forth in the CSA, as
amended, shall remain unchanged.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Second
Amendment the day and year first above written.
WATER SYSTEMS CONSULTING, INC.
By:
CITY OF ARROYO GRANDE
By:
Tony Ferrara
Mayor
Agenda Item 8.g.
Page 3
11�� �
WATCR SYSTEMS CONSULTING, INC.
10/18/2011
Mrs. Teresa McClish
214 E. Branch Street
Arroyo Grande, CA 93421
Exhibit "A"
SUBJECT: CONTRACT AMENDMENT - MAPPING SERVICES REQUIRED FOR THE PREPARATION OF THE
WATER AND SEWER MASTER PLAN UPDATES
Dear Teresa,
This letter is intended to serve as an amendment to our Agreement for Consultant Services executed by
City of Arroyo Grande (City) on April 12, 2011 for preparation of the Water and Sewer Master Plan Update.
Water Systems Consulting, Inc. (WSC) has incurred additional costs associated with the following scope
additions requested by the City:
1. Updating water system GIS mapping to represent the current configuration of the City's water
distribution system. WSC's original budget for this task included 10 staff hours. To date WSC has
spent 29 hours of staff time updating the water system mapping. The total additional cost for this
scope revision is $2,594.00.
2. Updating sewer system GIS mapping to represent the current configuration of the City's sewer
collection system. WSC's original budget for this task included 10 staff hours. To date WSC has
spent 58 hours of staff time updating the sewer system mapping. The total additional cost for this
scope revision is $6,552.00.
The total budget amendment is a not-to-exceed expenditure limit of $9,146.00. If you have any questions
or would like to discuss this further, please do not hesitate to contact me.
Sincerely,
Water Systems Consulting, Inc.
Jeffery M. Szytel, PE, MBA
Principal
Approved and Accepted by:
City of Arroyo Grande
Approved by: Teresa McClish
Title: Director of Community Development
Date:
PO Box 4255 � San Luis Obispo, CA 93403 I Phone: (805) 457-8833 I Fax: (8os) 888-z764�l�7d���.�d�1n
Page 4
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: CONSIDERATION OF MONTH TO MONTH AGREEMENT FOR
CONTRACTOR STREET SERVICES WITH SP MAINTENANCE
SERVICES, INC.
DATE: NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended the City Council approve a temporary month to month agreement
with SP Maintenance Services for street sweeping services.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Currently, $85,000 is budgeted for this service, which will be sufficient to maintain the
costs of the agreement. There will be an impact on staff resources to implement the
RFP process. However, there is no alternative at this time since there are no
available extensions remaining in the existing agreement. Since the Public Works
Department was eliminated, the majority of this work has been perFormed by the City
Manager. Assistance from the City Attomey will also be necessary for preparation of
the new agreement.
BACKGROUND:
On April 25, 2006, the Council approved a two-year agreement for street sweeping
services with SP Maintenance Services, Inc. with a provision for three one-year
extensions. The agreement was converted to a month to month basis on May 1,
2008, in order to prepare an analysis on providing in-house street sweeping services.
On September 9, 2008, the City Council approved reviving the agreement and
extending it for a year. The second extension was approved in 2009 and the third in
October 2010.
ANALYSIS OF ISSUES:
The Agreement has expired and the City needs to now issue a new Request for
Proposals (RFP). It is recommended that a month to month agreement with SP
Agenda Item 8.h.
Page 1
cinr couNCi�
CONSIDERATION OF MONTH TO MONTH AGREEMENT FOR CONTRACTOR
STREET SERVICES WITH SP MAINTENANCE SERVICES, INC.
NOVEMBER 8, 2011
PAGE 2
Maintenance Services, Inc. be approved to provide time for staff to solicit new
proposals.
The services provided by SP Maintenance Services, Inc. under this agreement have
been satisfactory. They have agreed to extend the agreement under the same
terms, conditions and costs.
The existing agreement with SP Maintenance Services, Inc. involved a reduction in
cost by contracting in cor�junction with a City of Grover Beach contract. Therefore,
the month to month agreement will also provide staff time to coordinate the request
for bids with the City of Grover Beach. In response to staff inquiries, the City of
Grover Beach has indicated a willingness to coordinate our bidding processes to
determine if economies of scale can again result in cost savings.
Staff is not recommending another proposal to provide the service in-house be
prepared given the impact on available staffing since the last time this issue was
studied. However, staff may request the option be revisited if costs increase when
proposals are received.
ALTERNAI'IVES: �
The following alternatives are provided for the Council's consideration:
- Approve the month to month agreement;
- Approve the month to month agreement and request staff
proposal to provide the services in-house;
- Provide other direction to staff.
to prepare a
ADVANTAGES:
The month to month extension of the agreement will enable the continuation of street
sweeping services that meet the needs of the community at no increase in cost to the
City, while providing time for staff to solicit new proposals for this service.
DISADVANTAGES:
No disadvantages have been identified.
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, November 3, 2011 and on
the City's website on Friday, November 4, 2011. No cornments were received.
Agenda Item 8.h.
Page 2
CITY COUNCIL
CONSIDERATION OF MONTH TO MONTH AGREEMENT FOR CONTRACTOR
STREET SERVICES WITH SP MAINTENANCE SERVICES, INC.
NOVEMBER 8, 2011
PAG E 3
Attachment(s):
1. Contractor Services Agreement
Agenda Item 8.h.
Page 3
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Agenda Item 8.h.
Page 4
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� JULY 10. IB11 �
C4��FORN�P MEMORANDUM
TO: CITY COUNCIL ^��
,�d_ -
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
CHAPTER 10.16 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING PARKING
DATE: NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance amending portions of Chapter
10.16 of Title. 10 (Vehicles and Traffic) of the Arroyo Grande Municipal Code regarding
parking.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no irnpact on fnancial and personnel resources identified with this ordinance.
BACKGROUND:
On October 18, 2011, the Downtown Parking Advisory Board voted 3-0 to: 1) 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 W. Branch Street and the Bridge
Street Bridge; and 2) to make all the restricted parking 2-hour pa�lcing and thus eliminate
the 30-minute parking area on one section of E. Branch Street adjacent to�the Car Corral.
The City Council adopted a resolution approving this proposal and introduced the
ordinance on October 25, 2011, as presented. �
ANALYSIS OF ISSUES: '
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. The ordinance amends Section 10.16.100 of the Municipal Code
that prohibits vehicles, mobile liomes, boats and trailers in the �public right-of-way for more
than 72-hours to include municipal parking lots. Additionally, the ordinance includes a
correction to Section 10.16.050 to cite the correct code reference to Section 10.16.055
instead of a previously repealed section, 10.16.160.
ALTERNATIVES:
1. Adopt the ordinance regarding limited parking in municipal parking iats;
2. Modify and re-introduce the ordinance; or
3. Provide direction to staff.
Agenda Item 8.i.
Page 1
CITY COUNCIL
CONSIDERATION OF LIMI'fED PARKING IN PARKING LOTS
NOVEMBER 8, 2011
PAGE 2
ADVANTAGES:
"fhe ordinance will address the issue of extended overnight parking of vehicles in
municipal parking lots that may be exacerbated by the removal of two-hour parking
signage.
DISADVANTAGES:
Staff has not identified any disadvantages with the ordinance.
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:
An ordinance summary was published in The Tribune on Wednesday, November 2, 2011
pursuant to State Law. The Agenda was posted in front of City Hall on Thursday,
November 3, 2011 and posted on the City's website on Friday, November 4, 2011.
Agenda Item 8.i.
Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF 'fHE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF CHAP'fER 10.16 OF TI'fLE 10
(VEHICLES AND TRAFFIC) OF 'fHE ARROYO GRANDE MUNICIPAL
CODE REGARDING PARKING
WHEREAS, Chapter 10.16 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 ens��re 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.
SECTION 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, incli�ding those streets and
parking lots set forth in Section 10.16.055 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-
way or municipal parking lots for more than seventy-two (72) hours prohibited.
No vehicle, mobilehome, boat, or pole or utility trailer may be parked within a public
right-of-way or municipal parking lot of the city for any continuoi�s period exceeding
seventy-two (72) hours, except as otherwise provided in Section 10.16.110 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 8.i.
Page 3
ORDINANCE NO.
PAG E 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
i�nconstitutional.
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. Wi�thin
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 7: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Merriber , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this 8�' day of November, 2011.
Agenda Item 8.i.
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:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 8.i.
Page 5
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Agenda Item 8.i.
Page 6
�PRRO YO\
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� JUIY 10, 1811 *
c���FORN�P
MEMORANDUM
TO: CITY COUNCIL �w ��
�e�'
FROM: MICHAEL E. HUBERT, FIRE CHIEF, FIVE CITIES FIRE AUTHORITY
BY: DAVID L. MATHE, ADMINISTRATIVE OFFICER
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAP'fER 8.12 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING THE
EMERGENCY SERVICES ORGANIZATION
DATE: NOVEMBER 8, 2011
RECOMMENDA'fION:
It is recommended that the City Council adopt an Ordinance amending Chapter 8.12 of
Title 8(Health and Safety) of the Arroyo Grande Municipal Code regarding the
Emergency Services Organization ("ESO").
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
BACKGROUND:
The City Council introduced the proposed Ordinance at its meeting of October 25, 2011.
ANALYSIS OF ISSUES:
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.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Adopt the attached Ordinance to amend Municipal Code Chapter 8.12 of Title
8(Health & Safety) regarding the Emergency Services Organization ("ESO");
2. Do not adopt the attached Ordinance; or
3. Provide direction to staff. �
Agenda Item 8.j.
Page 1
CITY COUNCIL
ADOPTION OF ORDINANCE AMENDING CHAPTER 8.12 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING THE EMERGENCY SERVICES
ORGANIZATION
NOVEMBER 8, 2011
PAGE 2
ADVANTAGES:
Adoption of the Ordinance will update the City's Municipal
current provisions of the EOP, and to ensure. the City's
disaster assistance funds and Federal disaster grant funding
DISADVANTAGES:
No disadvantages have been identified regarding this item.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Code consistent with the
eligibility to receive State
in the event of a disaster.
PUBLIC NOTIFICATION AND COMMENT:
An Ordinance Summary was published in The Tribune on Wednesday, November 2,
2011, pursuant to State law. The Agenda was posted in firont of City Hall on Thursday,
November 3, 2011. The Agenda and report were posted on the City's website on
Friday, November 4, 2011. �
Agenda Item 8.j.
Page 2
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 CIN OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECI'ION 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.
SECI'ION 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 remainir�g 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 2011.
Agenda Item 8.j.
Page 3
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 8.j.
Page 4
ORDINANCE NO.
PAGE 3
EXHIBIT A
Chapter 8.12 - EMERGENCY SERVICES ORGANIZATION
8.12.010 - Purposes.
"fhe 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
Incident Management System (NIMS).
The city shall use SEMS and NIMS for coordinating all local emergencies. The
basic framework of SEMS/NIMS incorporates the use of the Incident 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.
"fhe 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 8.j.
Page 5
ORDINANCE NO.
PAG E 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
organizations 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 recorrimend 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 - Dicector, 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 8.j.
Page 6
ORDINANCE NO.
PAG E 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 8.12.020 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 protec�tion of life and property as affected by such
emergency; provided, however, such rules and regulations shall be
con�rmed 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 8.j.
Page 7
ORDINANCE NO.
PAG E 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
meetir�gs and otherwise perform his or her duties during an emergency. Such
order of succession shall be approved by the city council;
I. "fhe assistant director of emergency services shall, under the supervision of
the director and with the assistance of coordinator of emergency services 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
defense/emergency 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 8.j.
Page 8
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.
"fhe assistant director 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. "fhe plan shall provide for the effective
mobiliza�ion 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.
8.12.090 - 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.
8.12.100 - 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 performan�e 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, wi�thout authority, any means of identification specified
by the emergency agency of the city or State.
Agenda Item 8.j.
Page 9
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 8.j.
Page 10
/pRRO Y0
�O� �'
INCOHPOAATE �
V T
i� NLY 10, 1011 �
c4��FOR��P MEMORANDUM
To: cinr couNCi�
� n¢�
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT �JrJ`
SUBJECT: CONSIDERAI'ION OF A RESOLUTION AMENDING THE DESIGN
GUIDELINES AND STANDARDS FOR MIXED USE DISTRICTS AND
AMENDING THE PUBLIC ART GUIDELINES AND AN ORDINANCE
AMENDING CHAPTER 16.08 OF THE MUNICIPAL CODE TO
INCORPORATE THE GUIDELINES BY REFERENCE
DATE: NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended that the City Council: 1) adopt a Resolution amending the Design
Guidelines and Standards for Mixed Use Districts and modifying the Public Art
Guidelines and the Public Art Donation Program; and, 2) Introduce an Ordinance
amending Chapter 16.08 of the Municipal Code to incorporate the Public Art
Guidelines by reference.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no fiscal impact projected from the proposed amendments as any public art
would be funded exclusively from donations or privately sponsored projects. The
proposal may reduce future staff time by simplifying the process for any projects on
public property. The item is not related to implementation of the Critical Needs Action
Plan priorities.
BACKGROUND:
In 2002, the City Council approved an Art in Public Places Program and Process. In
2004, Public Art Guidelines were adopted as part of the Design Guidelines and
Standards for Mixed Use Districts. "fhe recommendations were prepared with the
assistance of the San Luis Obispo County Arts Council. It was largely in response to
a community controversy that was generated by public art that was displayed by a
private developer in the Village. The goals of the program were as follows:
• Develop measures to promote art in the community;
• Establish a uniform process for review and selection of public art on private and
public property that would be reflective of the community, but limit City
govemment involvement; and
Agenda Item 9.a.
Page 1
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11-005
NOVEMBER 8, 2011
PAG E 2
• Identify general guidelines and selection criteria that would promote creativity
and freedom of expression, but also compatibility with the character, design and
environment of the surrounding area.
Initially, the program was not incorporated in the Municipal Code directly, however, it
was included in the Design Guidelines for Mixed Use Districts and incorporated by
reference into the Municipal Code as part of that document. It was also included in
an Art Donation Program approved by the City Council in 2006.
"fhe program has never been used since that time. "fhere is currently an Eagle Scout
project proposed to upgrade the Hart-Collett Firefighters' Memorial Park. The project
concept includes a potential sculpture. The process in place is relatively
curnbersome and labor intensive. As a result, at #he August 9, 2011 meeting, Mayor
Pro Tem Ray requested, and the City Council concurred, to direct staff to prepare
modifications to the process.
Recommendations were presented at the August 23, 2011 meeting. At that time, the
Council delayed the item to obtain additional pi�blic input and information on
examples from other cities. Results were presented to the Council on September 27,
2011. All cities in San Luis Obispo County were contacted. The cities of San Luis
Obispo, Atascadero and Morro Bay have existing programs. Information on each
program is attached. The programs in Atascadero and Morro Bay are primarily
limited to donations of art to the City to be displayed in public areas. The City also
has adopted an art donation program. This program is included with modifications
consistent with proposed changes to the Guidelines. The City of San Luis Obispo has
a very comprehensive program, which addresses all areas of public art. Provisions
regarding art on private property follow a process similar to Arroyo Grande, with the
exception that proposals are reviewed by the Architectural Review Committee.
After discussion, the Council directed staff to prepare the proposed resolution and
ordinance in order to implement the recommended changes.
The Planning Commission considered the proposed resolution and ordinance at a
public hearing on October 18, 2011. By a 5-0 vote, the Commission recommended
approval of the proposal with modifications that are discussed below.
ANALYSIS OF ISSUES:
"fhe dilemma #he City experienced when the program was developed was how to
ensure public art pieces are viewed by the community as an enhancement, while
avoiding govemment censorship of public art and expression. A number of
alternatives were reviewed and it was decided to form a review panel when any
public art is proposed.
Panel Representatives
Below is the existing makeup of the panel, along with the recommended changes:
Agenda Item 9.a.
Page 2
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11-005
NOVEMBER 8, 2011
PAGE 3
• 2 representatives from the property owner
• 2 representatives designated by the County Arts Council
6e�ee
• 1 representative from the Architectural Review Committee
• 1 representative from the Chamber of Commerce or 1 representative from the
Village Improvement Association if the project is within the Village District
• 1 representative from the Historical Society
•�°�;�
The recommended changes are based upon the suggestion of a representative from
the County Arts Council. Since their Art in Public Places Committee is limited,
expanding the representation will enable them to identify designees from Arroyo
Grande. �
Selection Process
An art project can be either proposed on an existir�g property or part of a new project.
There are also finro primary options in which art projects can be developed:
• First, an applicant can submit a single proposed project. The application is
submitted to the panel for review and approval.
• The second option is to require the applicant to submit a number of alternative
art proposals and the panel would make the final selection.
Under the current process, the art project decision is made by the panel after a City
Council public hearing. It is proposed that the process be modified to only apply to
private projects. In this respect, "public art" on private property is defined to be art
that is displayed in an open area that is freely available to the general public or public
accessibility is provided based upon the characteristics of the artwork or its
placement on the site.
Projects on public property would be considered by the City Council, with the
recommendation of the Parks and Recreation Commission if on a park property. It is
still proposed to involve the County Arts Council in the process for art on public
property in an advisory role.
Since there are significant Constitutional issues associated with restricting or
regulating art on private property, it is recommended that the Guidelines expressly
provide that the purpose is to encourage and facilitate the placement of public art on
private property. In this respect, the Guidelines will state that the City recognizes
that art and artistic expression is a protected activity and that the Guidelines are not
intended to unduly restrict creative expression or limit the types of public art possible.
Rather, they are intended to facilitate and encourage the best possible combination
Agenda Item 9.a.
Page 3
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11-005
NOVEMBER 8, 2011
PAGE 4
of sites and artwork, and help to guide what is essentially a form of communication
between the artist and the community.
Since the intent of establishing the process was to ensure that public art projects
were sensitive to community concerns, but to avoid government censorship of art, the
primary focus was on private projects in public view. After further review, staff does
not believe concerns over government censorship of art will apply to projects on City
property. Therefore, the process can accomplish its goals and be more cost effective
by limiting it to private property.
Guidelines and Criteria
General guidelines and criteria were also developed by the County Arts Council. The
following change to the guidelines is recommended:
• Public art shall be e�i�d of high artistic quality.
• Public art shall reflect the character of the area.
• Public art shall be compatible with the immediate site and neighborhood in
terms of social and cultural characteristics, architectural scale, materials, land
use and geographical and environmental context.
• Public art shall include lighting, interpretive information and other amenities
where appropriate.
• Public art shall not impede pedestrian or vehicle traffic or conflict with public or
private easements.
• Consideration shall be given to any public safety or public health concerns
related to or created by the artwork.
• Public art shall be constructed of durable, high-quality materials and require
minimal or no maintenance.
• Public art shall be securely installed.
• A wide variety of artistic expression is encouraged. However, expressions of
profanity or vulgarity are inappropriate.
The change is recommended because it was determined that a pre-made or
manufactured art piece may be identified as desirable for a given location or purpose,
particularly given funding constraints.
The following are criteria to be used for public art, which were also developed by the
County Arts Council:
, •
,
;
• Evaluation of artistic excellence;
• Appropriateness of scale, form, material, content and design relative to the
immediate and general neighborhood;
• Relationship to the social, cultural and historical identity of the area;
Agenda Item 9.a.
Page 4
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11-005
NOVEMBER 8, 2011
PAGE 5
• Appropriateness of proposed materials as regards to structural and su�Face
integrity, protection against vandalism, public safety and weathering;
• Ease of maintenance;
• Appropriateness of proposed method of installation of artwork and safety and
structural factors involved in installation;
• Artist's experience in working on comparable projects.
The change to the criteria was recommended by Mayor Pro Tem Ray to remove
duplicative language within the first bullet point.
The City Council should note that Arroyo Grande's Public Art program does not
address having a mandatory requirement that public art be included in private
development projects. "fhis type of program has been adopted by many cities in
California and typically requires an expenditi�re of a percentage of a project's
construction budget or value (1 % is found in many ordinances) on publically
accessible art and usually applies to projects over a set valuation. Such programs
also include an option for the developer to pay an in-lieu fee instead of including
artwork in the project. The in-lieu fees are then used by the city to fund other public
art projects. This type of in-lieu fee has been upheld by the California Supreme
Court. If the City Council wants to explore such a Development Code amendment,
staff would be able to provide additional information at a subsequent meeting.
The proposed Resolution also includes minor modifications to the Public Art Donation
Program for consistency with the Guidelines and adds the Program criteria to the
Guideline document.
Additionally, the proposed Resolution includes amendments to the Public Art
Guidelines as a separate document from the Design Guidelines and Standards for
Mixed Use districts; and removes them from that document. The proposed
Ordinance will incorporate them in the Municipal Code as a separate document by
reference.
Finally, below is a list of additional amendments recommended by the Planning
Commission and additional comments regarding inclusion of the recommendations
into the proposed Resolution:
❖ Add an appeal process for decisions made by the Public Arts panel to
the City Council - Part of the objective for the proposed art policy is to
ensure that it is both expeditious and depoliticized. As stated above,
due to concerns with protections granted under the first amendment,
and since the Guidelines are not regulatory in nature, but rather are
designed to facilitate and encourage public art on private property, staff
does not recommend such an appeal process.
Agenda Item 9.a.
Page 5
cirY couNCi�
DEVELOPMENT CODE AMENDMENT 11-005
NOVEMBER 8, 2011
PAGE 6
❖ Add a Definition of Public Art into the Guidelines — A definition was
added as recommended.
❖ Under Guidelines No. 2 of the Public Art Guidelines, and under the
Guidelines for Review of the Proposal of the Public Art Donation
Program, remove "Public Art shall be reflective of the Area" as it is too
general and duplicative of similar language in other parts of the
Guidelines - This statement was omitted from each section as
recommended.
❖ Add a provision for recommended manner of installation and estimated
maintenance cost under the Proqosal Section of the Public Art Donation
Program — These provisions were included as recommended as
subsections #10 and 11 under the Proposal Section.
❖ Insert a Section heading for Process into the Public Art Guidelines —
This Section has been added as recommended.
❖ Add that the City will consult with the County Arts Council for public art
on public property under the Process Section of the Gi.�idelines - This
Section has been added as recommended.
❖ Fix typos and clarify language in the following sections: Guidelines No.
8; Definition in Public Art Donation Program; Displav of Public Art; and
in the controlling recital of the Resolution — Completed as
recommended.
ALTERNATIVES:
"fhe following alternatives have beeri identified:
1. Adopt Resolution and introduce Ordinance;
2. Request further modifications to the process;
3. Do not make any changes to the program and process;
4. Provide staff other direction.
ADVANTAGES:
The proposed changes will accomplish the original goals of the program, but
streamline it to reduce staff work and better facilitate potential art projects on public
property. Changing the process to the Municipal Code will be more appropriate in
order to apply it universally to all public art projects.
DISADVANTAGES:
Projects on public property would not receive the benefit of input from a diverse
public art review panel.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, staff
has determined that the Resolution and Ordinance is categorically exempt per
Section 15061(b)(3) and 15378(a) of the Guidelines (in that it is not a project that has
the potential to cause a significant effect on the environment.)
Agenda Item 9.a.
Page 6
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT 11-005
NOVEMBER 8, 2011
PAGE 7
PUBLIC NOTIFICATION AND COMMENTS:
A notice of Public Hearing was published in The Tribune on October 28, 2011,
pursuant to State Law. The Agenda was posted in front of City Hall on Thursday,
October 13, 2011 and on the City's website on Friday, October 14, 2011. No
comments were received.
Attachments
1. Proposed modifications to Public Art Guidelines and Public Art Donation
Program
Agenda Item 9.a.
Page 7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING THE DESIGN GUIDELINES AND STANDARDS
FOR MIXED USE DISTRICTS AND MODIFYING THE PUBLIC ART
GUIDELINES AND PUBLIC ART DONATION PROGRAM
(DEVELOPMENT CODE AMENDMENT 11-005)
WHEREAS, In 2002 the City Council approved measures to promote art in the
community, establish a uniform process for the review and selection of public art on
public and private property that would be rellective of the community but limit City
Govemment involvement, and identify general guidelines and selection criteria to
promote creativity and freedom of expression, but also compatibility with the character
design and environment of the surrounding area; and
WHEREAS, In 2004, the City Council adopted a Resolution and an Ordinance
approving Public Art Guidelines and incorporating them by reference that incorporated
�the approved criteria and process as part of the Design Guidelines and Standards for
Mixed Use Districts; and
WHEREAS, Section 16.08.010 of the Municipal Code specifies documents that are
incorporated by reference into Title 16 of the Municipal Code; and
WHEREAS, the City's Planning Commission of the City of Arroyo Grande considered and
recommended approval of the amended Public Art Guidelines at a duly noticed public
hearing on October 18, 2011 in accordance with the Development Code of the City of
Arroyo Grande at which time all interested persons were given the opportunity to be heard;
and
WHEREAS, the City Council finds that this project is consistent with the City's General
Plan, Development Code and the environmental documents associated therewith, and has
the project is exempt under per Sections 15061(b)(3) and 15378 of the Califomia
Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, the City Council of the City of Arroyo Grande considered the amended
Public Art Guidelines at a duly noticed public hearir�g on November 8, 2011, in
accordance with the Development Code of the City of Amoyo Grande at which time all
interested persons were given the opportunity to be heard.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the Design Guidelines and Standards for Mixed Use Districts are amended
to delete therefrom the Public Art Guidelines.
BE IT FURTHER RESOLVED that the City Council hereby amends the Public Art
Guidelines and Public Art Donation Program in its entirety as shown in Exhibit A,
attached hereto and incorporated herein by this reference.
Agenda Item 9.a.
Page 8
RESOLUTION NO.
PAGE 2
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 adopted this 8"' day of November 2011.
Agenda Item 9.a.
Page 9
RESOLUTION NO.
PAGE 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.a.
Page 10
CITY OF ARROYO GRANDE
PUBLIC ART
EXHIBIT "A"
Public Art Guidelines
And
Public Art Donation Program
Adopted by City Council
Resolution No. 557
October 26, 2004
Amended by City Council
Resolution No.
November 8, 2011
O 2004, 2011 City of Arroyo Grande
All Rights Reserved
Agenda Item 9.a.
Page 11
CITY OF ARROYO GRANDE
PUBLIC ART GUIDELINES
PUBLIC ART
Purpose
The purpose of these Guidelines is to create a framework to facilitate and encourage property
owners to provide outdoor public art on their property, or, if approved by the Director of
Community Development, in the adjacent public right-of-way. For purposes of these Guidelines
"Public Art" shall mean art located on private property that is displayed in an open azea that is
freely available to the general public or public accessibility is provided based upon the
chazacteristics of the artwork or its placement on the site. Artwork may include free-standing
pieces (e.g. a sculpture or water fountain) or may be integrated into its surroundings as an
azchitectural element (e.g. relief sculpture embedded in pavement or a wall, a mosaic or mural on
a wall, decorarive railings or lighting.
These Guidelines aze intended to assist artists, citizens and city officials and staff to understand
the City's goals regazding art that is displayed in a manner that is available and accessible to the
general public. The City recognizes that art and artistic expression is a protected activity and
these Guidelines aze not intended to unduly restrict creative expression or limit the types of
public art possible. Rather, they aze intended to facilitate and encourage the best possible
combination of sites and artwork, and help to guide what is essentially a form of communication
between the artist and the community.
Process
These Guidelines aze applicable to public art projects proposed to be located on private property
or by a private owner in the adjacent public right of way. The guidelines and criteria contained
herein shall also apply to public art projects on City property, which shall be considered and
approved by the City Council, in consultarion with the San Luis Obispo County Arts Council,
and with the recommendation of the Pazks and Recreation Commission if art is proposed to be
placed on pazk property, and aze subject to the Public Art Donation Program to the extent
applicable.
Public Art Panel
In order to solicit community input and involvement for the consideration and promotion of
public art on private property in the City, a Public Art Panel has been established to review all
public art. The 7 member panel is made up of the following representarives to be convened as
needed (a minimum of 6 members shall be residents or business owners in Arroyo Grande):
.�.
.�.
.�.
.�.
.;.
2 representatives from the property owner.
2 representatives designated by the County Arts Council
1 representative from the Architectural Review Committee.
1 representative from the Chamber of Commerce or 1 representative from the Village
Improvement Association if the project is within the Village Districts.
1 representative from the Historical Society.
Agenda Item 9.a.
Page 12
CITY OF ARROYO GRANDE
PUBLIC ART
The Public Art Panel will convene to approve public art by a majority vote after the piece or
plans are presented at a public hearing held by the City Council for the purpose of obtaining
community input. The San Luis Obispo County Arts Council shall act in an advisory capacity to
the Public Art Panel.
Guidelines
The following guidelines developed by the San Luis Obispo County Arts Council are intended to
facilitate and encourage Public Art that is proposed to be placed on private property or by a
property owner on adjacent public right of way within the City:
1. Public art shall be of high artistic quality.
2. Public art shall be compatible with the immediate site and neighborhood in terms of
social and cultural characteristics, architectural scale, materials, land use and
geographical and environmental context.
3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private
easements. � �
4. Consideration shall be given to any public safety or public health concerns related to, or
created by, the artwork.
5. Public art shall be constructed of durable, high-quality materials and require minimal or
no maintenance. -
6. Public art shall be securely installed.
7. A wide variety of artistic expression is encouraged. However, expressions of profanity or
wlgarity are inappropriate.
Selection Criteria
The following are considerations for the selection of public art
l. Relarionship to the social, cultural and historical identity of the area
2. Evaluation of artistic excellence;
3. Appropriateness of scale, form, material, content and design relative to
the immediate neighborhood;
4. Appropriateness of proposed materials as regards to structural and
surface integrity, protection against vandalism, public safety and
weathering;
5. Ease of maintenance;
Agenda Item 9.a.
Page 13
CITY OF ARROYO GRANDE
6. Appropriateness of proposed method of installation and artwork and
safety and structural factors involved in installation;
7. Artist's experience in working on comparable projects.
PUBLIC ART
The City or Public Art Panel may consider a revolving art program for a proposed location on an
ongoing basis.
Location
Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village
Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion
of public art visible from intersections within these districts as well as proximate to public
gathering areas, plazas and public parking areas is highly recommended.
PUBLIC ART DONATION PROGRAM
Purpose
Public art can provide aesthetic, cultural and economic benefits to the community. The City of
Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or
group commissioning an artist, may donate, gift or bequeath public art to the City of Arroyo
Grande for location in a city owned public place.
Definition
Public art can be defined as "The engagement of an artist with public place involving original,
creative work by an individual or a group." This includes functional and original works of art
that also serve as capital improvements, such as, but not limited to seating, fountains, lighting,
and free standing art forms. Pre-fabricated manufactured items such as benches, fountains etc.
are not considered public art.
Proposal
Proposals should include:
A donor application form (See Attachment 1)
2. The artist or donor's name,
3. Title of the work and artist statement
4. Description of the work (such as a photograph, artist's rendering or computer generated
image)
5. The materials and size of the work
6. A preferred public location
7. A statement from the donor and artist that the art is free of encumbrance�genda Item 9.a.
Page 14
CITY OF ARROYO GRANDE
8. The artist's resume if available
9. Estimated value of donated work
10. Recommended manner of installation
11. Estimated maintenance cost
Process
The following steps will result in the review and decision regazding a proposal:
PUBLIC ART
1. The proposal would be submitted to the Community Development Department to review
it to:
a. Determine ongoing and General Plan consistency, accwacy and appropriateness.
b. Insure it would not create an undue risk or a safety problem.
c. Consider maintenance requirements
d. Determine dwability
e. Identify any engineering concerns
2. The proposal will be reviewed by the Pazks and Recreation Commission if proposed to be
placed on a pazk property.
3. Recommendations will be forwazded to the City Council for review and action during a
public hearing. The Council would have final approval of the donation.
Guidelines for Review of the Proposal
The following guidelines would be used for review of art donations:
1. Public art shall be of high artistic quality. .
2. Public art shall be compatible with the immediate site and neighborhood in terms of
social and culturaUhistorical characteristics, architectural scale, materials, land use and
geographical and environmental context.
3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private
easements.
4. Consideration shall be given to any public safety or public health concerns related to or
created by the artwork.
5. Public art shall be constructed of dwable, high-quality materials and require minimal or
no maintenance.
Agenda Item 9.a.
Page 15
CITY OF ARROYO GRANDE
6. Public art shall be securely installed.
PUBLIC ART
A wide variety of artistic expression is encouraged. However, expressions of profanity or
vulgarity are inappropriate.
Display of Public Art
l. A contract shall be executed between the artist and the City establishing the terms of the
proposed installation.
2. Artwork shall be displayed to include the artwork title, artist's name, patron's name if
applicable and date of completion. The materials used and a short explanation of the
work could be included as an oprion. Plaques will not be used for advertising purposes.
3. Prior to accepting the project, the Community Development Departrnent shall receive
from the artist or donor a set of plans, specifications, and a copy of a maintenance record,
which identifies maintenance, installation and removal instructions. The transportation,
installation and adjunct costs (such as engineering, a base for the artwork or other
installation elements) related to artwork are the responsibility of the donor.
4. Once the art piece is installed (by the donor under the supervision of City staff with the
artist's installation d'uection and donor installation funding), it will require inspection and
sign offby a City Building Inspector.
5. Following inspection, the artwork shall become the property of the City. A publicized
dedication ceremony shall be held to present the art piece to the community.
Agenda Item 9.a.
Page 16
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING CHAPTER 16.08 OF TITLE 16 OF THE MUNICIPAL
CODE TO INCORPORATE THE PUBLIC ART GUIDELINES BY
REFERENCE
WHEREAS, Section 16.08.010 of the Municipal Code specifiies documents that are
incorporated by reference into Title 16 of the Municipal Code; and
WHEREAS, the Planning Commission finds that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated therewith,
and that the project is exempt under per Sections 15061(b)(3) and 15378 of the Califomia
Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, the Planning Commission of the City of Arroyo Grande considered and
recommended approval of the proposed amendments to the Public Art Guidelines at a duly
noticed public hearing on October 18, 2011, in accordance with the Development Code of
the City of Arroyo Grande at which time all interested persons were given the opportunity to
be heard; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City Council
has determined that the following Development Code Amendment findings can be made in
an affirmative manner:
A. The proposed revisions to Title 16 are required to ensure consistency with the
objectives, policies and implementation measures of the General Plan, particularly
the Land Use Element, and is therefore desirable to implement the provisions of the
General Plan.
B. The proposed revisions to Title 16 will not adversely affect the public health, safety,
and welfare or result in an illogical land use pattern.
C. The proposed revisions are consistent with the purpose and intent of Title 16 and
satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal
consistency.
D. "fhe proposed revisions to Title 16 are exempt under per Sections 15061(b)(3) and
15378 of the Califomia Environmental Quality Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AS FOLLOWS:
SECI'ION 1: The above recitals and findings are true and correct and are incorporated
herein by this reference. �
Agenda Item 9.a.
Page 17
ORDINANCE NO.
PAGE 2
SECTION 2: Arroyo Grande Muriicipal Code ("AGMC") Section 16.08.010 ("Incorporation
by Reference") is hereby amended to add Subsection (S) as follows:
S. Public Art Guidelines.
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 Director of Administrative
Services/City Clerk. Witr�in fifteen (15) days after adoption of the Ordinance, the summary
with the names of those City Council members voting for and against the Ordinance shall
be published again, and the Director of Administrative Services/City Clerk shall post a
certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect
and be in full force and effect thirty (30) days after its passage.
SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6: If any section, subsection, sentence, clause, or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
On motion of , seconded by
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this
, and on the following roll call vote to wit:
day of 2011.
Agenda Item 9.a.
Page 18
ORDINANCE NO.
PAGE 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Agenda Item 9.a.
Page 19
CITY OF ARROYO GRANDE
PUBLIC ART
ATTACHMENT 1
EXHIBIT "A"
Public Art Guidelines
� �
�
Public Art Donation Program
Adopted by City Council
Resolution No. 557
October 26, 2004
Amended by Ciry Council
Resolution No.
November 8. 2011
O 2004, 2011 Ciry of Arroyo Grande
All Rights Reserved
Agenda Item 9.a.
Page 20
CITY OF ARROYO GRANDE
PUBLIC ART GUIDELINES
PUBLIC ART
Purpose
The pur�ose of these Guidelines is to create a framework to facilitate and encoura�e u�roperty
owners to provide outdoor public art on their property, or, if approved
by the Director of D„'�':� �"��,-° Comnumity Denelopment, in the adjacent public right-of-way.
For purposes of these Guidelines "Public Art" shall mean art located on private propertv that is
displayed in an open area that is freelv available to the eg neral public or public accessibili is
provided based upon the characteristics of the artwork or its placement on the site. Artwork may
include free-standing pieces (e.g. a sculpture or water fountain) or may be integrated into its
surroundings as an architectura] element (e.g. relief sculpture embedded in pavement or a wall, a
mosaic or mural on a wall, decorative railings or lighting.
These Guidelines are intended to assist artists, citizens and city officials and staff to understand
the Ci 's oals re ardin art that is dis ]a ed in a manner that is available and accessible to the
eg neral public. The Ci reco�nizes that art and artistic expression is a protected activitv and
these Guidelines are not intended to undulv restrict creative expression or limit the types of
public art possible. Rather, they are intended to facilitate and encoura�e the best nossible
combination of sites and artwork, and help to guide what is essentially a form of communication
between the artist and the communitv.
Process
RVe�These Guidelines are applicable to public art projects proposed to be located on nrivate
propertv or by a private owner in the adiacent public ri�ht of way. The Quidelines and criteria
contained herein shall also applv to gpublic art projects n
City property, which shall be considered and approved by the City Council, in consultation with
the San Luis Obispo County Arts Council, and with the recommendation of the Parks and
Recreation Commission if art is proposed to be placed on park property, and are subject to the
Public Art Donation Program to the extent applicablea.
' � :_. '�l'_)
In order to solicit community input and involvement for the consideration and promotion of
public art on private p�-ope��tv in the City, a Public Art Panel has been established to review all
public art ' .. . The 7 member panel
is made up of the following representatives to be convened as needed (a minimum of 6 members
shall be residents or business owners in Arroyo Grande):
�
❖ 2 representatives from the property owner.
•'• 2 representatives designated by the County Arts Council ^�* �� D.,�.,;� D,°^°°
.
CA�F� i�+ � �.,,.,:..o�� .,ai,... ...e..t,, o ,.t„�o ....:+.. +,. *t,o
�
�Se��
Agenda Item 9.a.
Page 21
CITY OF ARROYO GRANDE PUBLIC ART
❖ 1 representative from the Architectural Review Committee.
❖ 1 representative from the Chamber of Commerce or 1 representative from the Village
Improvement Association if the project is within the Village Districts.
❖ 1 representative from the Historical Society.
The Public Art Panel will convene to approve public art by a majority vote after the piece or
plans are presented at a public hearing held by the City Council for the purpose of obtaining
community input. The San Luis Obispo Countv Arts Council shall act in an advisorv capacitv to
the Public Art Panel.
Guidelines
The following guidelines developed by the San Luis Obispo County Arts Council are intended to
facilitate and encoura�e °'�°"'�° .,�°a � r+'�° '°�.:°... ��public Art that is �eproposed to be placed
on private property or bv a property owner on adjacent perblic right of wa� within the
City:
1. Public art shall be � of high artistic quality.
� �
�2. Public art shall be compatible with the immediate site and neighborhood in terms of
social and cultural characteristics, architectural scale, materials, land use and
geographical and environmental context.
4.3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private �
easements.
�4. Consideration shall be given to any public safety or public health concerns related to, or
created by, the artwork.
6:5. Public art shall be constructed of durable, high-quality materials and require minimal or �
no maintenance.
�6. Public art shall be securely installed.
�7. A wide variety of artistic expression �-is encouraged. However, expressions of profanity
or wlgarity are inappropriate.
Selection Criteria
The following are Econsiderations for the selection of public art .
1. Relationship to the social, cultural and historical identity of the area.�€
,
;
Agenda Item 9.a.
Page 22
2
3
CITY OF ARROYO GRANDE
Evaluation of artistic excellence;
Appropriateness of scale, form, material, content and design relative to
the immediate neighborhood;
4. Appropriateness of proposed materials as regards to structural and
surface integrity, protection against vandalism, public safety and
weathering;
5.
�
7
Ease of maintenance;
Appropriateness of proposed method of installation and artwork and
safety and structural factors involved in installation;
Artist's experience in working on comparable projects.
PUBLIC ART
The Ci or Public Art Panel may consider a revolving art program for a proposed location on an
ongoing basis.
Location
��re�e�—�Public art is allowed in any m�°°a �•�° �� s�e�e�s�a� district and is strongly
encouraged in the Village Downtown, Village Mixed Use, Gateway Mixed Use, a�-Fair Oaks
Mixed Use and Pziblic Facilitv Districts. Promotion of public art visible from intersections
within these districts as well as proximate to public gathering areas, plazas and public parking
areas is highly recommended.
PUBLIC ART DONATION PROGRAM
� Purpose
Public art can provide aesthetic, cultural and economic benefits to the community. The City of
Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or
group commissioning an artist, may donate, gift or bequeath public art to the City of Arroyo
Grande for location in a city owned public place.
Definition
Public art can be defined as "The engagement of an artist with public place involving original,
creative work by an individual or a group." This includes functional and original works of art
that also serve as capital improvements, such as, but not limited to seating, fountains, lighting
�ie, and free standing art forms. Pre-fabricated manufactured items such as benches,
fountains etc. are not considered public art.
� Proposal
Proposals should include:
1. A donor application form (See Attachment 1) Agenda Item 9.a.
Page 23
CITY OF ARROYO GRANDE
2. The artist or donor's name,
Title of the work and artist statement
PUBLIC ART
4. Description of the work (such as a photograph, artist's rendering or computer generated
image)
5. The materials and size of the work
6. A preferred public location
7. A statement from the donor and artist that the art is free of encumbrances
8. The artist's resume if available
9. Estimated value of donated work
10. Recommended manner of installation
� 11. Estimated maintenance cost
Process
The following steps will result in the review and decision regarding a proposal:
The proposal would be submitted to the Community Development Department �ig
a:..;�:,,., .,.�.o�o :� ..:�i �.o „wo,.i.oa �.. to ret�ieu� it to:
a. Determine ongoing and General Plan consistency, accuracy and appropriateness.
Y. � �
b. Insure it would not create an undue risk or a safety problem.
c. Consider maintenance requirements
d. Determine durability
e. Identify any engineering concerns
� �
Y. � �
T...., ..+„+:.,o� .ae�:.....,*s.7 1... N,o !'`.,,,.,+., A.�t� !'...,....:1 D„L.1:.. Dl....e�
�e
� �
Agenda Item 9.a.
Page 24
CITY OF ARROYO GRANDE
PUBLIC ART
�
�
- :�� - - _ � -
� ��7:T�!S!*;
" - - ...
3. The proposal will be �-eviewed by the Pa�-ks and Recreation Commission if p�-oposed to be
placed on a park property.
4. �� ..:«o.-,m---a�t�f�e��eAC�a�e..� +,�.� n„�.,:,. � �-�r°�esc��ne�r °�T
Recommendations will be forwarded to the City Council for review and action during a
public hearing. The Council would have final approval of the donation.
� Guidelines for Review of the Proposal
The following guidelines would be used for review of art donations:
1. Public art shall be e� of high artistic quality.
. ,
I�2. Public art shall be compatible with the immediate site and neighborhood in terms of
social and cultural/historical characteristics, architectural scale, materials, land use and
geographical and environmental context.
� 4.3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private
easements.
I�-4. Consideration shall be given to any public safety or public health concerns related to or
created by the artwork.
6:5. Public art shall be constructed of durable, high-quality materials and require minimal or
no maintenance.
��6. Public art shall be securely installed.
�-7. A wide variety of artistic expression is encouraged. However, expressions of profanity or
vulgarity are inappropriate.
Displav of Public Art
1. A contract shall be executed between the artist and the City establishing the terms of the
proposed installation.
2. Artwork shall be displayed to include the artwork title, artist's name, patron's name if
applicable and date of completion. The materials used and a short explanation of the
work could be included as an option. Plaques will not be used for advertising purposes.
3. Prior to accepting the project, the ��V�e�1ES Communiry De��elopment Department
shall receive from the artist or donor a set of plans, specifications, and a copy of a
Agenda Item 9.a.
Page 25
CITY OF ARROYO GRANDE
PUBLIC ART
maintenance record, which identifies maintenance, installation and removal instructions.
T'he transportation, installation and adjunct costs (such as engineering, a base for the
artwork or other installation elements) related to artwork are the responsibility of the
donor.
4. Once the art piece is installed (by the donor under the supervision of City staff with the
artist's installation direction and donor installation funding), it will require inspection and
sign off by a City Building Inspector.
5. Following inspection, the artwork shall become the property of the City. A publicized
dedication ceremony shall be held to present the art piece to
the community.
Agenda Item 9.a.
Page 26
�PRRO r�
° �p
� INCORPOaATED 9Z
v rn
� JULV 10, 1011 *
`P/c4��FORN/
TO:
FROM:
BY:
CITY COUNCIL
MEMORANDUM
�v
TERESA MCCLISH, DIRECTOR OF COMMUNITY
DEVELOPMENT
MATTHEW DOWNING, PLANNING INTERN
SUBJECT: CONSIDERATION OF STAFF PROJECT 11-003; LOCATION —
CITYWIDE; APPI_ICANT — CITY OF ARROYO GRANDE;
INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 9.32
TO TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING MOBILE VENDING
DATE: NOVEMBER 8, 2011
RECOMMENDATION:
It is recommended by City staff and the Planning Commission that the City
Council introduce an Ordinance of the City of Arroyo Grande adding Chapter
9.32 to Title 9 of the Arroyo Grande Municipal Code regarding mobile vending
within the City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
An impact upon required Police Department resources is expected to be slightly
increased if the proposed Ordinance is adopted as a result of processing mobile
vending permits and enforcement of the City's regulations.
BACKGROUND:
This year, City staff has received a number of inquiries from the public regarding
permit requirements for mobile vendors in the City. The Arroyo Grande Municipal
Code currently does not address this type of activity and, as a result, City staff
was i�nable to directly regulate mobile vendors to ensure that potential impacts to
public health and safety are addressed and mitigated.
In May of 2011, City staff was contacted by a resident of Arroyo Grande who
owns and operates a mobile food vending truck regarding her desire to operate
within the City. Staff discussed the type of use and determined that a Temporary
Use Permit was appropriate under current Municipal Code provisions on a trial
basis while staff developed comprehensive regulations specifically addressing
this use. Community Development staff worked with the Police Department and
other City departments to develop the proposed mobile vending regulations and
Agenda Item 9.b.
Page 1
CITY COUNCIL
STAFF 11-003
NOVEMBER 8, 2011
PAGE 2
permitting requirements. To this date, no significant issues regarding the mobile
vending operation have been noted by City staff.
PlanninQ Commission:
The Planning Commission reviewed the draft Ordinance at a regularly scheduled
meeting on October 18, 2011. During the meeting, a number of the
Commissioners raised the issue of permitting mobile vendors to be located on
public park and Arroyo Grande High School property without similar background
check provisions that are required of in-class volunteers at the high school. The
Planning Commission adopted a Resolution recommending the City Council
adopt the Ordinance.
ANALYSIS OF ISSUES:
Proiect Description: .
The proposed Ordinance will add Chapter 9.32 to Title 9 of the Arroyo Grande
Municipal Code, establishing mobile vending regulations and permitting
requirements. The City's Police Department will be responsible for processing
the mobile vending permits and enforcing the City's mobile vending regulations.
Mobile Vendina:
Mobile vending, particularly mobile food vending, has become increasingly
popular in cities throughout the United States over the last several years. Due to
this increase in popularity, more individuals have inquired about the use within
the City. The increased popularity has also led to an increase of discussions
regarding regulating mobile vending among municipalities (Attachment 1).
Vehicle Code § 22455 (a) authorizes mobile vending on public streets in all
residential districts provided they are stopped and legally parked. Vehicle Code
§ 22455 (b) authorizes local authorities to adopt additional regulations regarding
the type of vending and to establish reasonable time, place and manner
regulations for the purpose of public safety.
Mobile Vendinq Permit:
If the proposed Ordinance is adopted, individuals desiring to operate a mobile
vending vehicle within the City, and their employees, will be required to obtain a
mobile vending permit from the Chief of Police. Applicants will be required to
submit various information, including, but not limited to, a current Government
issued form of identification, a City business license, San Luis Obispo County
health permit(s), four (4) color photographs of the vending vehicle and proof of
general liability and automobile insurance. It is proposed that applicants and
operators wishing to vend on sites zoned Public Facilities (PF) shall submit to
fingerprinting and background checks due to their close proximity to and
interaction with children. The City will also require payment of an application fee
to cover the costs associated with processing such a permit.
Agenda Item 9.b.
Page 2
CITY COUNCIL
STAFF 11-003
NOVEMBER 8, 2011
PAGE 3
LiveScan:
In order to better protect the public health, safety, and welfare, it is proposed that
applicants, operators, and employees wishing to vend within the City shall submit
a LiveScan background check conducted by the California Department of Justice
within the previous six (6) months of application for a mobile vending permit.
Location of Vendinq:
Mobile vending is proposed to be permitted only in residential districts and on
privately owned developed sites zoned Gateway Mixed-Use, Fair Oaks Mixed-
Use, Highway Mixed-Use, Industrial Mixed-Use, Office Mixed-Use, or Public
Facility. Mobile vendors are also restricted from vendir�g within:
1) Ten feet (10') from a fire hydrant, fire escape, building entrance,
bus stop, loading zone, handicapped parking space or access
ramp, fire station driveway or police station driveway;
2) "fhree hundred feet (300') from an elementary or junior high school;
or
3) Five hundred feet (500') from a freeway entrance or exit.
In addition to the City's proposed regulations, mobile vending in residential
districts is governed by Vehicle Code § 22455 (a), which requires mobile vendors
to bring the vehicle to a complete stop and lawfully park adjacent to the curb prior
to vending on a public street in a residential district.
Hours of Operation:
In an attempt to protect the health, safety, and welfare of residents of the City,
staff proposes to limit the hours of operation to 9:00 am to 9:00 pm. These time
periods are intended to alleviate any traffic conditions which might arise from
schoolchildren travelir�g to school in the momir�g and protecting the peace and
welfare of residents during the nighttime hours. It should be noted that no matter
the time of day, all vending operations must comply with the City's noise
standards set forth in Chapter 9.16 of the Arroyo Grande Municipal Code.
At the meeting of the Planning Commission on October 18, 2011, the
Commission recommended the addition of an exception to time limits and hours
of operation for special events. These exceptions would be approved by the
Chief of Police on an individual basis. These changes are reflected in Section
9.32.100 (B) 7 of the proposed Ordinance.
Permit Processinq Fee:
Upon consideration of adoption of the proposed Ordinance, City staff will be
bringing forward a Resolution establishing appropriate permit processing fees.
Agenda Item 9.b.
Page 3
CITY COUNCIL
STAFF 11-003
NOVEMBER 8, 2011
PAGE 4
ALTERNATIVES:
• Introduce the Ordinance as recommended; or
• Modify and introduce the Ordinance; or
• Do not introduce the Ordinance; or
• Provide direction to staff.
ADVANTAGES:
The proposed Ordinance will establish comprehensive regulations
regarding mobile vending consistent with State law; and
The Ordinance will help address public safety concerns by limiting time,
place and manner of operation and ensuring that mobile vendors are
appropriately licensed and insured.
DISADVANTAGES:
• Increased permitting and enforcement responsibilities by the City.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTICE AND COMMENT:
A notice of Public Hearing was published in The Tribune on October 28, 2011
and the agenda was posted at City Hall on November 3, 2011. Staff has
submitted copies of the draft Ordinance to the mobile vendor currently approved
through a Temporary Use Permit, the mobile kettle corn vendor previously in
operation at the Soto Sports Complex approved by the Recreation and
Maintenance Services Department, as well as the Arroyo Grande Chamber of
Commerce for their review and input. A positive response regarding the
regulations has been received from both mobile vendors. City staff has not yet
received comments from the Chamber of Commerce. Additionally, both the
Chamber of Commerce and the mobile vendor currently approved through a
Temporary Use Permit were individually notified of the meeting.
ATTACHMENT:
1. Listserve data regarding mobile vendors
2. DRAFT Planning Commission Minutes — October 18, 2011
Agenda Item 9.b.
Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COIINCIL OF 'fHE CITY OF ARROYO
GRANDE ADDING CHAPTER 9.32 TO TITLE 9 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING MOBILE VENDING
WHEREAS, the City of Arroyo Grande ("City") currently does not regulate mobile
vendors; and
WHEREAS, California Vehicle Code § 22455 and Health and Safety Code § 114315
authorize the City, in the interest of public safety, to adopt riales and requirements
regulating the type and the time, place and manner of mobile vending; and
WHEREAS, the City Council finds that, unless properly regulated, mobile vendors pose
a unique risk to the health, safety and welfare of the public�due to the inherent risks
associated with mobile vending, including, but not limited to, impacts to traffic/
pedestrian safety, zoning concerns, mobility, unsanitary conditions involving food
preparation, risks to children and consumer protection; and
WHEREAS, the inherent nature of mobile vending and the ability of such vendors to be
located on private property and public streets and move quickly from place to place in
the community, including near parks, schools and other places frequented by children,
warrants imposing certain regulatory measures, including reqiairing background checks,
to protect the health, safety and welfare of the community; and
WHEREAS, it is the purpose of this Ordinance to protect the public safety within the
City by establishing riales and requirements for mobile vending.
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.
SECTION 2: Arroyo Grande Municipal Code Chapter 9.32 is hereby added to the
Arroyo Grande Municipal Code in its entirety as follows:
CHAP"fER 9.32 — MOBILE VENDING
9.32.010 Purpose and intent.
The city finds that the vending of produce, prepared or prepackaged foods, goods,
and/or wares at semi-permanent locations on public streets, sidewalks, or alleys and on
private property may pose unsafe conditions and special dangers to the public health,
safety and welfare of the residents of the city. It is the piarpose of this chapter to provide
clear and concise regulations governing these types of vending operations to prevent
safety, t�affic and health hazards, and to preserve the peace, safety and welfare of the
city and its residents.
Agenda Item 9.b.
Page 5
ORDIiVAiVCE iVO.
PAGE 2
9.32.020 Applicability. �
Except as otherwise provided in this chapter, it is unlawful for any person or entity to act
as a vendor or employee of a mobile vendor, within the city without having first obtained
a mobile vending or mobile vending employee permit issued pursuant to this chapter.
A. Number of permits: A mobile vending permit shall be required for the operation
of each vending vehicle regardless of ownership or management.
B. Term of permit; renewal: Any mobile vending permit or mobile vending employee
permit issued pursuant to this chapter shall automatically expire one (1) year
from the date of issuance, unless an earlier expiration date is noted on the
permit. The permit may be renewed by the chief of police subject to compliance
with the standards established in this chapter and payment of all applicable fees.
C. Transferability: A mobile vending or mobile vending employee permit is not
transferable to any other entity or person and is valid only as to the original
applicant.
D. Exerriptions: A mobile vending permit is not required for the following activities:
1. The sale of agricultural products on the site where the product is grown;
2. Catering for private parties held exclusively on private property and not
open to the general public;
3. Permitted community events such as, but not limited to, farmers markets,
crafts fairs, street fairs, and other special events approved and designated
by the city; and
4. Delivery activities of any establishment with a fixed place of business,
which only delivers its products, services, or goods to a specified address
in response to a customer request, order, or invoice previously placed
throUgh that fixed place of business.
9.32.030 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
A. "Developed site" means a site that has gravel, paved concrete or asphalt parking
surface and paved ingress and egress that meets city standards.
B. "Vending" means sellir�g, offering for sale, or displaying or dispensing any food,
beverages, goods, wares, or merchandise from any device used for carrying
goods, wares, or merchandise.
C. "Vending vehicle" means a mobile food facility, temporary food facility, catering
truck, wagon, pushcart, or other motorized or non-motorized conveyance upon
which food, beverages, goods, wares, or merchandise is sold, offered for sale, or
distributed.
Agenda Item 9.b.
Page 6
ORDINANCE NO.
PAGE 3
D. "Vendor" means any individual or entity who sells and makes immediate delivery,
or offers for sale and immediate delivery, any food, beverages, goods, wares, or
merchandise from a vending vehicle, including employees of mobile vendors.
9.32.040 Review Authority.
Mobile vending and mobile vending employee permits shall be approved or denied by
the chief of police, in compliance with this chapter.
9.32.050 Application filing and processing.
Applicants for a mobile vending permit under this chapter, and persons working as an
employee of a mobile vendor shall file with the chief of police an application in writing on
a form to be furnished by the city, which shall give the following information:
A. A copy of the applicanYs and/or operator's, or erriployee's Government issued
form of identification;
B. Name, address(es), and telephone number(s) of the applicant;
C. A statement of the type of food, beverages, or merchandise to be sold;
D. A copy of a current registration of vending vehicle;
E. Intended locations, days and hours of operation;
F. For vending on private property:
1. Letter of consent signed by the property owner or authorized
representative;
2. A site plan, drawn to scale and with dimensions, indicating the location of
all existing buildings, structures, driveways, parking spaces, traffic
� controls, and improvements and the location where the proposed vending
activity will be located on site, and demonstrating that there will be
adequate ingress and egress to the site and that the mobile vending
activity will have adequate parking and not utilize parking otherwise
required for any business located at the site;
G. A copy of current San Luis Obispo County health permit(s);
H. Proof of a current Arroyo Grande business license or application for business
license;
I. Evidence of general liability and automobile liability insurance; and
J. Four color photographs showing different exterior views of the vending vehicle.
9.32.060 LiveScan.
Prior to the issuance of a mobile vending permit or mobile vending employee permit, the
applicant shall cause to be filed with the city police department a LiveScan background
check conducted by the California Department of Justice within the previous six (6)
months of application for a mobile vending permit. The city police department shall
furnish each applicant with a LiveScan Request form for use at any LiveScan vendor
location.
9.32.070 Permit processing fee.
At the time the application or renewal of a mobile vending or mobile vending employee
permit is filed with the chief of police, the applicant shall pay a fee sufficient to cover the
Agenda Item 9.b.
Page 7
ORDINANCE NO.
PAGE 4
cost to the city of processing the application. The amount of the fee shall be set by
resolution of the city council.
9.32.080 Permit review and decision.
A. Upon acceptance of a properly filed mobile vending or mobile vending employee
permit application and receipt of an acceptable LiveScan report issued by the
Department of Justice, the chief of police shall conduct a prelirr�inary
investigation to determine compliance with this chapter and shall make such
determination within no more than thirty (30) days of acceptance to approve or
deny the application. The chief of police shall provide the applicant with written
notice of his or her decision to the address indicated in the application.
B. The chief of police may deny an application for a mobile vending or mobile
vending employee permit if he or she makes any of the following findings:
1. The applicant has failed to pay the application permit fee.
2. The applicant has made one or more material misstatements in the
application for a permit. �
3. The applicant does not have a valid California driver's license, a City
business license, c��rrent vehicle registration and/ or general liability and/
or automobile liability insurance.
4. The applicant's vending operation is inconsistent with the standards,
conditions and requirements of this chapter.
5. The applicant has been found in violation of this chapter at any time during
the previous three (3) year period. .
6. The applicant is required to register under the provisions of California
Penal Code section 290.
7. Within three (3) years of the date of the application, the applicant has
been convicted in a court of competent jurisdiction or pled nolo contendere
to any misdemeanor or felony offense which relates directly to the
operation of mobile vending or any felony offense involving the sale of a
controlled substance specified in California Health and Safety Code
sections 11054, 11055, 11056, 11057 or 11058, or at the time of
application is on probation or parole for any offenses set forth in this
section for an offense that was committed within three years of the date of
the application.
C. If the application is denied, the reasons for disapproval shall be noted on the
application, and the applicant shall be notified that his or her application is denied
and that no permit will be issued. Notice shall be mailed to the applicant at the
address shown on the application form.
D. If the chief of police approves the applicant's mobile vending or mobile vending
employee permit, he or she shall endorse his or her approval on the application
and shall, upon payment of the prescribed fee, deliver the mobile vending or
mobile vending employee permit to the applicant.
Agenda Item 9.b.
Page 8
ORDINANCE NO.
PAGE 5
9.32.090 Indemnification.
As a condition of issuance of a mobile vending permit, the vendor shall agree to
indemnify, hold harmless, and defend the city and its officials, employees and agents
from and against any and all liability, damage and/or loss arising from activities by the
vendor, its employees and agents.
9.32.100 Standards, conditions, requirements.
All vendors shall comply with the following standards, conditions and requirements:
A. Location:
1. Vending shall occur only on a private developed site zoned Gateway
Mixed-Use, Fair Oaks Mixed-Use, Highway Mixed-Use, Industrial Mixed-
Use, Office Mixed-Use, Public Facility, or locations consistent with Vehicle
Code § 22455;
2. No vending shall occur within ten feet (10') of a fire hydrant, fire escape,
building entrance, bus stop, loading zone, handicapped parking space or
access ramp, fire station driveway or police station driveway. A greater
distance or separation from other uses may be required, under the permit,
in order to preserve line-of-sight, or for other safety reasons;
3. No vending shall occur within three hundred feet (300') of the grounds of
any elementary or junior high school;
4. No vending shall occur within five hundred feet (500') of a freeway
entrance or exit;
5. Vendors shall not stop in any single location for more than one and one
half hours in any twenty-four hour period.
6. Vending at the Soto sports complex or any other city park, recreational
facility, or sports complex is permitted only upon the prior written
authorization from the Arroyo Grande Recreation and Maintenance
Services Division.
B. Design and operating standards:
1. Condition/appearance of site:
a. The vendor shall maintain the area within which vending activities
occur in a clean, safe and sanitary condition;
b. No tables, chairs, fences, shade structures, other site furniture, or
any freestanding signs shall be permitted in conjunction with the
vendors vending activities;
c. Should any site improvements be needed for ongoing vending
operations, the vendor shall be required to apply for appropriate
permits to ensure building and public safety and consistency with
applicable building and zoning regulations;
d. The vendor shall not attach or use any water lines, electrical lines
or gas lines during vending operation; and
Agenda Item 9.b.
Page 9
ORDINANCE NO.
PAGE 6
e. Exterior storage or display of refuse, equipment, materials, goods,
wares, or merchandise associated with the vendor is prohibited.
2. Condition/appearance of vending vehicle:
a. The vendor shall display, in plain view and at all times, current
� permits and licenses in or on their vending vehicle;
b. Any vending vehicle shall be clean and in good repair;
c. The vendor shall not discharge items from any vending vehicle onto
the sidewalk, gutter, storm inlets, or streets; and
d. The width, length, and height of all vending vehicles and devices
shall be subject to review as part of consideration of the mobile
vending permit.
3. Hours of operation: Vending shall be conducted within the hours of 9:00
am and not later than 9:00 pm. All activities shall comply with the city's
noise ordinance.
4. Lighting: The vendor shall provide adequate lighting to ensure customer
safety. Lighting shall be directed downwards and away from public streets
and adjacent properties.
5. Obstructions, hazards: No vendor shall obstruct vehicular traffic, bicycle
traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked
adjacent to a curb, and shall not create public health or safety hazards.
6. Parking: Prior to issuance of the mobile vending permit, the city shall
confirm that an acceptable area for customer parking exists, or shall
specifically exempt the vendor from this requirement due to the nature
and/or location of the use. If the vending will occur on private property the
city shall determine that there will be adequate ingress and egress to the
site, and that the mobile vending activity will have adequate parking and
not utilize parking otherwise required for any business located on the site.
Parking for the vendor shall be specified in compliance with the mobile
vending permit. The vendor shall not indicate exclusive roadway parking
or reserve any public parking area for the vendor's customer parking.
7. Exceptions: Exceptions to increase length of time for vending in a single
location or daytime hours for special events are to be filed with the chief of
police and considered on an individual basis.
8. Other applicable regulations: Each vendor shall comply at all times with all
applicable Federal, State, county, city and any other governmental
requirements.
Agenda Item 9.b.
Page 10
ORDINANCE NO.
PAGE 7
9.32.110 Denials, suspension, revocation, requests for additional information.
A. A mobile vending or mobile vending employee permit issued under this chapter
may be suspended or revoked by the chief of police for any of the following
causes:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the mobile vending
permit;
3. Vending in violation of this chapter; or
4. Vending in a manner that creates a public nuisance or constitutes a
danger to the public. .
9.32.120 Appeals to City Manager.
In the event that any applicant or permittee desires to appeal from any order, revocation
or other ruling of the chief of police or any other official of the city, made under the
provisions of this chapter, such applicant or any other person aggrieved shall have the
right to appeal such action or decision to the city manager within fifteen (15) days after
the notice of the action or decision has been mailed to the person's address as shown
on the permit application. An appeal shall be taken by filing with the police department a
written appeal statement setting forth the grounds for the appeal. The chief of police
shall transmit the written statement to the city manager within ten (10) days of its filing
and the city manager shall set a time and place for a hearing on appeal. A hearing shall
be set not later than sixty (60) days from the date of filing of the applicant's written
appeal statement with the police department. Notice of the time and place of the hearing
shall be given to the appellant in the same manner as provided for the mailing of notice
of suspension or revocation. The decision of the city manager, or his or her designee,
on the appeal shall be final and binding on all parties concerned.
9.32.130 Violations.
Any person who violates a provision
each day or part of a day during
permitted. Any person who violates
misdemeanor.
of this chapter is guilty of a separate offense for
which the violation is committed, continued or
any provision in tl-iis chapter shall be guilty of a
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECI'ION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
Agenda Item 9.b.
Page 11
ORDINANCE NO.
PAGE 8
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Merribers 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 6: 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, 2011.
Agenda Item 9.b.
Page 12
ORDINANCE NO.
PAGE 9
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 9.b.
Page 13
ATTACHMENT 1
Oriqinal post
How does your city regulate street vendors, such as ice cream trucks, pushcarts, and
the like, or do you allow them at all? Montclair curreritly has regulations regarding these
activities, but we are considering some changes. Any liriks to ordinances, insight,
experiences, etc. would be appreciated.
• ..
Fortuna Stephen Avis We are about to take a draft" mobile food vendor ordinance to our
savis(o�ci.fortuna.ca us planning commission for preliminary discussions. I would be very
interested in getting a copy of what you receive from other cities. It is
. a challenging topic that varies in popularity by region and.degree of
. urbanization.
I recently made.a copy of the draft available to local restaurant owners
for review and comment. Here is a copy of that document:
4 . ' .
Orah ONruoe �
Revew for F�Drien �
A couple of articles in'the local paper address one local community
� and mobile vendors This information may be of interest, as well.
Here are the links: . '
' http://www.times-stantlard.com/localnews/ci 17181657
htl ://www.times-standard.com/localnews/ci 17948048
Galt Curt Campion The only regulations are that they have a business license and are not
cam ion a. alt.ca.us stationary in the conduct of business.
Gilroy Melissa Durkin Gilroy's Police Department regulates street vendors. These vendors
melissa.durkin(a)c+.pilrov ca.us are required to be mobile, so they can't sit in any spot for more than
10 minutes. Gilroy allows vendors to stay in a faed location only 'rf
they are on a private sidewalk, such as you would find in front of a
shopping center. Below is the link to our ordinance - it's Section
16A.13
http://www codepublishinq.comka/qilrovRGilrovl6A.html
Glendora Jeff Kugel We +ssue about five of these permits every year, most of which are
ikuqel a(�ci.qlendora.ca.us renewals A link to our code follows:
httQ://qcode.us/codes/alendora/view. php?topic=l0-
10 76&showAll=lBframes=off
Hermosa Beach Ken Robe�lson We are struggling with this same issue with the new popularity of
krobertson(a�hermosabch.ora "gourtnet" food trucks. Our codes currently only allow street
vendors/food trudcs to park on a public street only 'at the request of
bona fide purchaser for a period of time no to exceed ten minutes at
any one place"...we focus on the 10-minute rule and don't really pay
any ariention to requirement that be "requested.'
We do allow a designated standing location as an exception to this
rule by approval of a permit by City Council...so far we have only
issued such permits in conjundion with special temporary events.
The relevant code sections are Sedions 10.32.170-200 in the Muni
Code:
htto://www. hermosabch.orq/departments/citvclerk/code/1032. hUnf#170
As you are probably finding, these codes have become di�cult to
enforce; fortunately our Police Department has been taking this on.
We have also had to deal with some of these trucks parking on private
parking lots during hours the business that uses that parking is closed.
We don't allow that either, and would require a Conditional Use Pertnit
for that, basing that on our determination that iPs -an outdoor
. restaurant or food use that requires•a CUP, and parking.
We are getting some informal challenges by the CA food truck
' association (you can find their web site, it may be CA food vendor
association, can't remember, that seems to have some good
information on it)...anyway, their attorney claims our laws are not legal
and a�ti-compet�tive. In any event we are also studying this issue,
and given the link with our special events (which we do have a lot o�
our Parks and Recreation Commission is studying the issue and will
be making some recommendations for Council consideration in the
near future....l'm guessing we might consider relaxing some of our
regulations, or finding appropnate designated areas for vendor parking
(which ma onl be allowed durin desi nated time eriods).
Agenda Item 9.b.
Page 14
. ..
Lodi Jamie Aldred We regulate them a great deal Not only do they need to get
ialdred(a�pd.lodr.vov fingerprinted and have backgrounds done based on their prints by the
DepaRment of Justice, they are issued Lodi Police DepaRment
Identification Cards for Peddlers/Solicitors. After the individuals obtain
the identification cards a vendor permit to operate needs to be
obtained by making a formal application which inGudes permission
from the property owner (as we do not allow vendors in the pubfic
right-of-way), proof of access to a restroom, proof of a resale license
with the state, photographs of every side of anyvehicles used for •
vending, vehicle registration and insurance.
We limit the number of mobile food vendors here in Lodi to a total of
22. We do not limit the number of ice cream trucks and/or carts Here
are the code sections that cover vendors. �
LMC Chapter 9.16 . �
� LMC Cha ter 9�18
Moorpark Joseph Fiss Below is our code section regarding street vendors. It applies to ice
� jFiss ci.moorparfc.ca.us cream, magazine, and other similar vendors.
htt :// code.us/codesJmoor ark/view. h?to ic=5-5 648frames=on
. Pittsburg � Kristin Vah1 Below is Seclion 18.08.160 oi our code regulatmg mobile food
kvahl(�ci pittsburq.ca.us vendors:
. G. Mobile Food Vendor. Sale of food or beverage items from a truck,
. � ' push cart, wagon or similar vehicle.that is self-contained for potable
water, wastewater and power, but that is not�on a permanent
foundation..This classification includes only those vendors whose
• vehicles have obtained all appropr�ate permits from the county health
depaRment and that remain on a site for no more than 30 minutes in a
' 24-hour period. This Gassification excludes those vendors that
impede vehicular or pedestrian circulation and excludes food sales
occurrin on ublic streets as overned b Cha er 10.16 PMC.
Santa Fe Springs Paul Ashworth Santa Fe Springs' pushcart vendor ordinance can be found in the
paulashworth(�santafesarinqs on7 following code section:
Title XIII Cha ter 130 Section 130.09
WasCO Dennis MCNam8r8 The City of Wasco allows Food Vending Vehicles under Title 5,
demcnamara(a�c�.wasco.ca.us Sedion 5.16 of the Municipal Code. AdditionallyTitle 5, Section
5.16.220 prohibits sales from human powered devices.
htt ://www.code ublishin .comlca/Wasco/?Wasco05/Wasco0516.html
Watsonville Bradley 01in ,. 1'm embedding a link to our online murn code, with most recently
.bol�n(a�ci watsonville ca.us updated ordinance dealing with this. The Community Development
Department researched and wrote the text amendments to update an
• ordinance previously titled °Solicitation" and it is now called "Travelinq
Merchants", enforced by the Police Department. Please let me know
if ou have further uestions. '
Agenda Item 9.b.
Page 15
Food Truck Survey
City Response from HCED List Serv
Downe Interested in the surve
Permit required for itinerant vendors, conditions include: not operabVe in one location fo
rmore than one hour in a 2�4 hour period, vending not to happen after dark unless lighting
Citrus Hei hts provided, one sign allowed, no tables.
Wildomar Interested in the surve
Woodland Requires mobile vendor ermit, with a 30 minute limitation in one area.
Sausalito Interested in sunie results
Mobile Food Preparation Vehicle permitted in C-1, C-3 amd M-1 zones in conjunction with
San Gabriel existin commercial or manufacturin o eration - 30 minute stationa limit .
Cerritos Interested in survey results.
Requires TUP with the following conditions: �business license requirement, not within a 300'
radius of a public school, not adjacent to residential districts between the hours of 9pm and
. 9am, and a time limit of 2 hours per location before having to move to a new location 500'
Arro o Grande awa or. greater. , �
Selma Interested in surve results. �
Ross Not ermitted. � �
San Marino Interested in surve results.
Permit required from Police Department, conditions include: operations between 6:00 am
and 12:00 am daily, not within a 300' radius of a school, not within 500' of freeway
entrance/exit, not within 200' of brick and mortor food store, not within 200' of other vendor,
Eme ille within 200' of restroom/ handwashin facili , not within RM zone
Permit required, conditions include: wtihin 200' of restroom facilry, 7:00 AM to iO:OG PNi,
Lemore not within 1000' of another food vendor. �
New ort Beach Not ermitted, interested in surve results. -
Foster Ci Interested in surve results.
Millbrae Not ermitted. �
Malibu Interested in surve results.
Considers vendors "mobile caterers", and require a business licenses for the vendors who
Lakeport can sta in one location u to an hour.
Requires permit when in ROW, no restrictions on location regarding other food services,
but in districts that have quotas on food services establishments the quota limits apply,
hours of operation 7:00 AM to 12:00 AM,�received complaints that there was competition
Berkle with brick ar.nd mortar.
Villa Park Interested in surve results.
Oxnard Interested in su!vey results.
Agenda Item 9.b.
Page 16
PLANNING COMMISSION
MINUTES
OCTOBER 18, 2011
RESOLUTION NO.
A RESOLU'I'ION OF THE PLANNING COMMISSI OF THE CITY
OF ARROYO GRANDE RECOMMENDING HAT THE CITY
COUNCIL AMEND THE PUBLIC A GUIDELINES AND
INCORPORATE 'fHEM INTO THE D LOPMENT CODE AS A
SEPARATE DOCUMENT BY ERENCE (DEVELOPMENT
CODE AMENDMENT 11-005)
The motion was approved by
AYES: Commiss
NOES: None
ABSENT: N
lowing roll call vote:
Ruth, Sperow, Barneich, Keen, and Martin
the foreg� Resolution was adopted this 18�h day of October 2011.
"fFj�'Commission took a break at 7:25 pm and reconvened at 7:32 pm.
ATTACHMENT 2
III. NON-PUBLIC HEARING ITEMS:
A. REVIEW STAFF PROJECT 11-003; LOCATION — CITYWIDE; APPLICANT CITY OF
ARROYO GRANDE; ADDITION OF REGULA'I'IONS TO 'I'ITLE 9 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING MOBILE VENDING
Planning Intern Matt Downing presented the staff report to review a draft Ordinance regulating
mobile vending and approved by the Chief of Police. Planning Intern Downing brought to the
Commission's attention alterations to the Ordinance, including:
• Removal of the word "food" in every occurrence on page 1 of the Ordinance; and
• Inclusion of language similar to "locations consistent with Vehicle Code § 22455" in
Section 9.32.090.A.1 of the Ordinance.
In answer to the Commissions' questions, Planning�lntern Downing stated mobile vending would
not be allowed in the Village Core, Village Mixed-Use, and Traffic Way Mixed-Use zoning
districts; there is an exemption for longer hours of operation for certain events; explained the
process for vending at Soto Sports Complex and the ordinance would apply at said location;
staff will check on how close vendors can be to each other; language can be added on waivers
to allow the Police Chief to make exceptions for time and place to coincide with community
events; the Attorney eliminated text regarding the number of vendors per year; possibly
language can be added that at properties zoned Public Facilities, where children are more
common, the operator shall be finger printed; any mobile vendor needs to be registered with the
Police Chief under Section 9.32.0120; Title 9 is considered an appropriate title for insertion of
the Ordinance; and Section 9.32.050 E. covers locations, days and hours of operation.
Commissioners expressed the following concerns: the vendors applicant/operator should
provide a government issued identification, be finger printed and have a background check;
under Section 9.32.010 strike "services"; would like the finger printing added to the locations
where children are more common; vendors that will be at school and park properties should be
required to have a background check.
Agenda Item 9.b.
Page 17
PLANNING COMMISSION
MINUTES
OCTOBER 18, 2011
PAG E 4
Commissioner Sperow made a motion, seconded by Commissioner Barneich to adopt a
resolution recommending that the City Council adopt an Ordinance adding Chapter 9.32 to
Title 9 of the Arroyo Grande Municipal Code; regulating mobile vending within the City of
Arroyo Grande to ensure protection of the health, safety, and welfare of public; Citywide,
with the following modifications:
• Language to include a waiver for hours and length of operation for special events
to be extended at the Chief of Police's discretion;
• When application is filed, a form of government issued identification will be
required for applicant/operator; fingerprinting, and background check for
operators vending at parcels designated Public Facilities;
• Alterations of language as identified by staff;
• Strike the word "services" under Purposes and Intent;
• Alterations to the Ordinance as identified by staff, including:
• Removal of the word "food" in every occurrence on page 1 of the Ordinance;
• Inclusion of language similar to "locations consistent with Vehicle Code §
22455 in Section 9.32.090.A.1 of the Ordinance.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO
GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE
ADDING CHAPTER 9.32 TO TITLE 9 OF THE ARROYO GRANDE MUNICIPAL
CODE; REGULATING MOBILE VENDING WITHIN THE CITY OF ARROYO
GRANDE TO ENSIIRE PROTECTION OF THE HEALTH, SAFETY, AND
WELFARE OF THE PUBLIC; CITYWIDE
"fhe motion was approved by the following roll call vote:
AYES: Commissioners Sperow, Barneich, Keen, Martin, and Ruth
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 18`h day of October 2011.
IV. REFERRAL ITEMS
DECISIONS SINCE OC
Case No.
; COMMISS
ER 4. 2011:
Address
on
Action i"' I� Planner -
TUP 11-019 St. Patrick School 900 W. Branch Christmas tree lo nd lunchtime tri tip barbecue Approved Matt
Street December 2, 11 through December 4, 2011 Downing
Additional ro'ects ma be added � su lemental A enda memorandums.
Commissioner Barneich inquired if the trees oved at St. Patrick School when the classroom
was build were replaced.
V. DISCUSSION ITEMS: None
VI. PLANNING COI
Commissioner Keen F
Review Committee m
color and texture tre�
6d comments on observation from the October 3, 2011 Architectural
� regarding new architectural accents on Chase Bank and the face
for retaining wall on EI Camino Real at Oak Park Boulevard.
Agenda Item 9.b.
Page 18
�p,RRO Y0\
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MEMORANDUM
TO: CITY COUNCIL/REDEVELOPMENT AGENCY BOARD OF DIRECTOR
FROM: ANGELA KRAETSCH, DIRECTOR OF ADMINISTRATIVE SERVICE �
SUBJECT: FISCAL YEAR 2011-12 FIRST QUARTER BUDGET STATUS REPORT
DATE: NOVEMBER 08, 2011
RECOMMENDAI'ION:
It is recommended the City Council/Agency Board approve Carryover Appropriations as
shown on Schedule A and approve budget adjustments and recommendations as listed in
the Quarterly Financial Report and shown on Schedule A.
IMPACT ON FINAiVCIAL AND PERSONNEL RESOURCES:
The General Fund ending balance will be impacted by the approval of the recommended
revenue and appropriation adjustments as follows:
Estimated Fund Balance 6/30/2011:
Net Carryover Appropriations
Available Fund Balance 7/1/2011
Net budgeted use of reserves
Net Proposed Adjiastments
Total Decrease to General Fi�nd Balance
Adjusted Fund Balance 6/30/2012
$3,116,689
88 545
3, 028,144
(346,888)
( 20,527)
367 415
2 660 729
Because some projects, operations, and orders are not complete by the June 30 year-end
close, it is common for the projected fund balance to be reduced by expenses (carryovers) to
be paid in the current fiscal year.
None of the recommended budget adjustments are anticipated to have an impact on staff
workload.
BACKGROUND:
Each year, the City Council/RDA Board of Directors adopts a budget, which commits
resources to the accomplishment of its policies. The Administrative Services Department
routinely prepares quarterly budget updates for the City CounciURDA Board.
Agenda Item 11.a.
Page 1
CITY COUNCIL/RDA BOARD OF DIRECTORS
CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT
NOVEMBER 08, 2011
PAGE 2
The purpose of the City's First Quarter budget review is to:
• Provide a reconciliation of the expected and actual year-end General Fund Balance for
Fiscal Year 2011-12.
• Recommend the re-appropriation (carryovers) of prior year budgets for services/products
that were begun, but not completed as of June 30, 2011.
• Conduct a review of City funds to recommend budgetary changes to address known
budget deficiencies.
• Identify budget changes that materially impact fund balances.
ANALYSIS OF ISSUES:
• The estimated General Fund Fiscal Year 2010-11 Fund Balance is $3,116,689.
• The projected available General Fund Balance for the current fiscal year is approximately
$2,660,729. "fhe projected General Fund balance is approximately 20% of
appropriations.
• Carryover appropriations from FY 2010-11 are reported on Schedule A. Carryover
budget amounts are unused appropriations in the 2010-11 Fiscal Year added to the 2011-
12 Fiscal Year. The carryover appropriations are for items or projects that began the
purchase process, but were ��ncompleted by June 30, 2011.
• The proposed budget adjustments include a net of $88,545 for carryover appropriations in
the General Fund.
•"fhe proposed budget also includes carryover appropriations of $8,480,958 for various
Capital Improvement Projects (CIP) in the CIP fund, $892,877 carryover in the RDA Set
Aside Fund for the Courtland Affordable Rental Housing project, $11,232 carryover in In-
Lieu Affordable Housing funds for the Housir�g Element study, $15,721 carryover in the
Water Fund for ongoing consultant services agreements and $88,457 carryover of COPS
funds for ongoing communication upgrades.
• Staff is requesting the following adjustments, which are explained in more detail in the
attached Budget report:
1. General Fund — a net decrease in revenues of $94,547 and a decrease of
$74,020 in expenditures;
2. Local Sales Tax Fund — a net decrease of $46,526 in expenditures;
3. Water Fund -$25,000 increase in expenditures;
4. Transportation Fund -$70,526 increase in reveniaes and expenditures.
Agenda Item 11.a.
Page 2
CITY COUNCIURDA BOARD OF DIRECTORS
CONSIDERATION OF FIRST QUARTER BUDGET STATUS REPORT
NOVEMBER 08, 2011
PAGE 3
ADVANTAGES:
Staff conducted a review of City funds and is recommending minimal budgetary changes to
the adopted budget. Reserves will be above the General Fund 15% policy minimum at 20%.
DISADVANTAGES:
Departmental budgets continue to be constrained.
ENVIROMENTAL REVIEW:
No environmental review is required for this item
PUBLIC NOTIFICAI'ION AND COMMENTS:
The Agenda was posted in firont of City Hall on Th�ursday, November 3, 2011. The Agenda
and report were posted on the City's website on Friday, November 4, 2011. No p�ablic
comments were received.
Attachment(s):
• Qiaarterly Financial Report
• General Fund — Fund Summary
• Schedule A— Fund Balance - Control
Agenda Item 11.a.
Page 3
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Quarterly Financial Report
First Quarter of Fiscal Year 2011-12
OVERVIEW
This report summarizes the City's overall financial position for
the fiscal year through September 2011. Except as noted
below, revenues and operating expenditures are generally on
target based on the updated budget for the first quarter.
Adjusted Budgets: "fhe revenue projections and budgets
include the adjustments for encumbrances, carryovers, and
expenditures that are included in this report.
Mid-Year Review: The City's overall revenue and
expenditure picture will be discussed in greater detail during
the Mid-Year Budget Review scheduled for Council
consideration in February of 2012.
GENERAL FUND
With 25% of the year complete, General Fund revenues are
relatively the same as the prior year at 11% and expenditures
are at 27%. The projected General Fund balance will be
approximately 20% of appropriations if year end expenditures
finish at 100% and revenues are received as budgeted.
General Fund Balance Budget YTD %
Actual
Revenues $12,987,263 $1,388,544 11%
Ex enditures 13,443,223 3,645,441 27%
Beginning Fund Balance $3,116,689 _
Endin Fund Balance $2,660,729 20%
Top Ten Revenues: The top ten revenues account for 72% of
the General Fund revenue. Highlighting these provides a
better understanding of the City's revenue position. Although
there are fluctuations among revenue line items, the overall
percentage is at 6%, which is same as the prior year. Any
significant variances are noted on the next page.
By comparing the YTD prior year revenue to the current
YTD revenue we can see an overal I increase of l% as
shown on the table on the following page:
Agenda Item 11.a.
Page 4
Quarterlv Financial Report First Ouarter of Fiscal Year 2011-12
Comparison of lst Qtr Current Year Budget to Prior Year
Property tax - The City receives the majority of its
properly tax revenue in December and April. Staff
received the 2011-12estimated property tax numbers
from the County on September l, 2011. Based on the
County's estimate it is recommended that property tax
be decreased by $50,000. The above budget of
$3,534,000 reflects the recommended adjustment. This
line item is showing a 50% increase in revenue when
compared to the prior year due to timing differences.
Triple flip — Sales tax: This revenue is received in
February and May. The FY 2011-12 budget for this
line item was $737,000. Staff was notified by the
County of the actual amount to be received of
$756,041. Staff is requesting an increase in this line
item of $19,041.
Triple flip — VLF: This revenue is received in
February and May. Staff is requesting a decrease in
this line item of $21,068 based on the actual amount to
be received per the County of San Luis Obispo.
Sales Tax - Sales tax is lower than the prior year
due to a lower clean-up payment received in
September for the period of May — August. The
Board of Equalization (BOE) computes the
monthly advances using a formula based on prior
year receipts and estimated growth. 'fhe BOE then
reconciles the actual receipts against the advances
and this results in the clean-up payment that the
City receives. Sales tax is lower than 25% due to
only receiving one month of revenue at first
quarter.
Transient Occupancy Tax (TOT) — The majority
of the increase in this revenue source is due to the
opening of Hampton Inn. 'Che TOT revenue is
only for July and August, as September's TOT is
received in October. As of this report this line
item is at 25%. Staff will continue to monitor this
revenue source and determine if an increase in
projected revenue should be made.
Building Permits — Building fees are showing a
decrease at 1 S' Quarter when compared to the prior
year. This is due to a decrease in development this
fiscal year. However, staff had anticipated a
decrease in this revenue source and had lowered
the budget accordingly. Staff will continue to
monitor this revenue and update Council at Mid
Year.
Franchise Tax — This revenue is below 25°/a due
to the fact that the City receives franchise
payments from Waste Connections on a monthly
basis, Charter Communications quarterly, and
PG&E, The Gas Company and Conoco Phillips on
an annual basis. This report only includes two
months of revenue received from Waste
Connections.
Telecommunication site leases - This revenue
includes $9,645 of prepayments for the month of
October. This line item is at 27% due to the
prepayments. Actual July thru September revenue
is at 25%.
2 Agenda Item 11.a.
Page 5
Quarterlv Financial Report First Quarter of Fiscal Year 2U11-12
Expenditures: Operating costs are on target for the first
quarter as summarized below:
The key variances "by type" are supplies, services and other
operating costs
1. Supplies are down due to the diligence of all
departments to contain their expenditures.
2. Services are up due to the Lanspeed Contract for IT
services and two quarters of Five Cities Fire Authority
(FCFA) payments.
3. Other operating costs (Non-departmental shown
below) are higher due to the annual payment for the
City's Liability insurance of $427,554 made in July
2011.
Departmental operating expenditures are also on target as
summarized by the following:
The main variances in departmental expenditures are in the
Retiree Healthcare, IT, and Non-Departmental budgets. The
Retiree Healthcare variance is due to four months of health
care costs. The IT variance is due to the Lanspeed pre-paid
contract. The Non-Departmental variance is due to the annual
payment for liability insurance of $427,554 made in July 20l 1.
3
FIRST QUARTER ADJUSTMENTS
Requested Budget Adjustmeats:
Staff is making the following recommendations:
l. Property tax revenue to be decreased by $50,000.
2. Increase Triple Flip Sales tax revenue by $19,041.
3. Decrease Triple Flip VLF tax revenue by $21,068.
4. Increase in Transfers in from the Local Sales Tax
Fund of $24,000 to pay for the Narcotics Task
Force. Since this is a new public safety
expenditure, it is recommended to be eligible for
Local Sales Tax funds.
5. Decrease of $66,520 in revenues and expenditures
in the OTS Avoid the 14, DUI Grant. Actual
amount expended in FY 2010-11 was greater than
originally budgeted.
6. Decrease City Council Public Relations expense by
$7,500. This was budgeted for the Centennial
Celebration and is no longer needed.
7. lncrease in expenditures for Carryovers in the
amount of $88,545 for ongoing projects.
a. Planning -$1,488 for Housing Element
Update
b. Police -$55,477 for Firearms range
improvements, complete narrow banding
project, upgrade Laser Fiche system, replace
network power supply, and complete video
surveillance project.
c. Rec & Maint Svcs -$19,580 for equipment
trailer and vehicle replacement.
d. City Clerk -$2,000 for Records Retention
Schedule update.
e. Non-Departmental -$1�U,000 for City Hall
project.
Overtime Summary:
First Quarter FY 2011-12
Depar
Police
Fire
$ 25,276 $
27,929
c & Maint Svcs 4,203
Total $ 57,409 $
Aug Sept
16,370 $ 24,590
11,457 20,340
2,908 2,713
30,735 S 47,644
Agenda Item 11.a.
Page 6
$
$
Total
G6,237
59,727
9,824
135,787
Quarterlv Financial Renort First Ouarter of Fiscal Year 2U11-12
2010-11 PRELIMINAR Y GENERAL FUND ANNUAL
UPDA TE
This summarizes the General Fund's overall financial position
for the fiscal year 21)] 0-11. This is a preliminary update due to
the fact that the auditors are still reviewing the City's records.
The final numbers will be presented to the Council in the
Comprehensive Annual Financial Report (CAFR).
OVERYIEW:
General Fund Year-End
Balance Budget Actuals D�}�'
Beginning
Fund Balance $ 3,234,884
Revenues $ 13,803,485 13,764,898 $ 38,587
Expenditures 14,694,200 13,883,094 811,106
Ending Fund
Balance $ 3,116,689
The estimated General Fund balance is approximately 22% of
expenditures.
EXPENDITURES:
Expenditures by Type Budget YTD Actual %
Salaries and Benefits $ 8,884,473 $ 8,486,398 96%
Supplies 247,572 181,703 73%
Services 2,391,553 2,357,174 99%
Other operating costs 2,184,209 2,715,069 124%
Capital purchases 986,393 142,750 14%
Total $ 14,694,200 $ 13,883,094 94%
The key� variances "by type" are Other Operating Costs and
Capital Purchases. This is due to the budget for the new Fire
Engine being in the incorrect category. It is budgeted in
Capital purchases and should have been in Other Operating
Costs where the actual lease payment was made. The
$774,844 lease payment was offset by grant revenue.
With 100% of the year complete, expenditures are at 94% or
approximately $8] 1,000 less than budgeted. "Che majority of
this savings is due to un�lled positions within the Police
Department, lower utility costs than budgeted, and the delay of
the fleet lease for Maintenance staff. In addition, of the
$811,000 saved, $88,545 is being carried over into FY 2011-
12 for ongoing projects (see page 3 of this report for details).
REVENUES:
Revenues by Type Budget YTD Actual %
Tax Revenues $ 8,964,293 $ 8,961,182 100%
Licenses and Permits 191,420 194,743 102%
Fines 111,500 66,724 60%
Use of Money 264,090 313,262 I 19%
Intergovernmental
Income I, I34,782 I, I29,597 100%
Community
Development Charges
for Services 140,400 105,287 75%
Recreation and
Maintenance Charges
for Services 504,600 512,481 102%
Misc Charges for
Services 79,300 99,442 125%
Other Revenues 73,300 56,616 77°/a
Transfers in 2,339,800 2,325,564 99%
Total $ 13,803,485 $ 13,764,898 100%
Total year-end revenues are at 100% but came in
approximately $39,000 less than budgeted.
Staff is currently working on the City's CAFR and it is
anticipated that it will be presented to the Council the
first meeting in December or the first meeting in
January.
Overtime Summary:
Fourth Quarter FY 10-11
Department Apr
Police $ 22, I 56 g
Fire 9,564
Rec & Maint Svcs 2,170
Total $
20, I 20 $
I 3,747
1,974
$ 35,841 $
June Total
I 6,866 $ 59, I 42
I 3,391 36,702
I ,688 5,832
31,945 $ 101,677
4 Agenda Item 11.a.
Page 7
Quarterlv Financial Report First Ouarter of Fiscal Year 2011-12
LOCAL SALES TAX FUND
Local Sales Tax Fund: The Sales Tax Fund had a beginning
fund balance of $2,101,765. On August 23, 20l 1 the Council
approved an appropriation of $140,000 for Pavement
Management projects. Staff is requesting an additional
appropriation of $24,000 to fund the Narcotics Task Force.
Staff received notification from the San Luis Obispo Council
of Governments (SLOCOG) that the amount of TDA funds to
be received was $70,526 higher than budgeted. Staff is
recommending reducing the amount transferred to the Streets
department by the increase in TDA revenue. The projected
ending fund balance is $644,577 or 21 % of appropriations.
OTHER FUNDS
Sewer Fund: The Sewer Fund ended the 2010-11 Fiscal Year
with a fund balance of $419,783. The estimated ending fund
balance for the Sewer Fund is $118,077. This does not yet
meet the Ciry Council's goal of 60 days of operating expenses
plus $500,000. There also may be a need for an additional
expenditure due to the damage to the Vactor Truck. The exact
amount needed will be included in a separate staff report or in
the Mid Year Report.
Water Fuod: The Water Fund reports a fund balance of
$2,396,719 at the end of fiscal year 2010-11. Staff is
requesting an increase of $25,000 for a temporary maintenance
worker to replace an existing employee off of work due to an
injury. The estimated ending fund balance in this fund is
$1,480,576. This meets the City Council's goal of 60 days of
operating expenses plus $500,000. However, due to water
conservation efforts and an increase in foreclosures, the
revenue in this Fund has dropped dramatically. Staff will
continue to closely monitor this fund.
Transportation Fund:
In June of 21�11, the San Luis Obispo Council of Governments
(SLOCOG) approved the Transportation Development Act
(TDA) funds. The amount that the City will receive is
$178,891. "fhis is $70,526 higher than estimated in the FY
2011-12 budget. Staff is requesting that the amount
transferred to fund the Streets department be increased by
$70,526.
Water Neutralization Fund (Water Conservation): The
Water Neutralization Fund has a beginning fund balance of
$421,764. The projected ending fund balance for Fiscal Year
2011-] 2 is $233,264.
Water Facility Fund: The Water Facility Fund has a
beginning fund balance of $721,359. Currently, there is
$200,000 budgeted for capital improvement projects and
$71,389 in carryovers for ongoing projects. The
projected ending fund balance for Fiscal Year 201 ]-12 is
$474,970.
Redevelopment Agency Fund: The Redevelopment
Agency (RDA) Fund has a beginning fund balance of
$225,477. Due to ongoing litigation concerning, the
RDA, staff is unable to make additional appropriations
above and beyond what the Council approved in the
R.DA's Enforceable Obligation Payment Schedule
(EOPS). Staff will update Council in the Mid Year
Report to any changes that need to be made to the RDA
budget once a decision has been made in the current
Court case. The projected ending fund balance for this
fund is $191,627.
Redevelopment Agency Set Aside Fund: The
Redevelopment Set Aside Fund has a beginning fund
balance of $1,872,061. The projected ending fund
balance in this fund is $],078,873. This fund inclucles a
carryover of $892,877 for the Courtland Affordable
Housing project.
Lopez Fund: The Lopez Fund reported a beginning
fund balance of $3,569,054. "Che Water and Wastewater
Study that was approved by Council on June 23, 2009
calls for this balance to be slowly drawn down over the
next five years in order to reduce Lopez fee increases.
The estimated ending fund balance in this fund is
$2,991,449.
Downtown Parking Fund: This Fund has a beginning
fund balance of $213,428. There is currently $82,302
budgeted for the Car Corral project and $134,851
budgeted for the Le Point Street parking lot. The
estimated ending fund balance in this fund is $975.
State COPS Block Grant: Staff is requesting an
increase of $] 00,000 in revenue and expenditures in this
Fund. At the time that the budget was prepared the
COPS funding was slated to be eliminated. This funding
has now been approved by the State.
CIP: Council approved an increase of $140,000 for the
Pavement Management Program.
Agenda Item 11.a.
Page 8
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Page 9
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Agenda Ite 11.a.
P ge 11
�
THIS PAGE INTENTIONALLY LEFT BLANK
Agenda Item 11.a.
Page 12
/pRROy��
/p'� G'
� INCORPOAATE Z
V T
� JULY 10, 1911 *
c4� � f O RN�P
MEMORANDUM
TO: CITY COUNCIL
FROM: ANGELA KRAETSCH, DIRECTOR OF ADMINISTRAI'IVE SERVICE
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 11.a. — NOVEMBER 8, 2011 CITY COUNCIL MEETING
FISCAL YEAR 2011-12 FIRST QUARTER BUDGET STATUS REPORT
DATE: NOVEMBER 8, 2011
When preparing the City's 2011-12 Local Sales Tax Report, staff discovered that the
entire Five Cities Fire Authority (FCFA) payment of $1,590,500 had been budgeted in
the General Fund. A portion of this payment should have been budgeted in the Local
Sales Tax Fund. Staff will include this correction in the Local Sales Tax report that will
be presented to the Council at the November 22"d meeting and adjusted in the Mid-Year
Budget Status Report. Staff has also determined that costs for cablecasting meetings
will need to be transferred to the General Fund to be compliant with Federal regulations
�egarding use of these funds, which will also be adjusted in the Mid-Year Report. With
these two changes, City Council should anticipate a recommended increase in the
projected year-end General Fund balance of approximately $50,000 to $75,000.
Please let us know if yoi� have any questions.
/PaROro\
/°� ��
� INCORPOAATED �Z
V T
� JULY /0, 1811 �
P
c4��FORN�
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER�
SUBJECT: SUPPLEMENTAL INFORMATION — AGENDA ITEM 8.h.
MONTH TO MONTH AGREEMENT FOR CONTRACTOR STREET
SERVICES WITH SP MAINTENANCE SERVICES, INC.
DATE: NOVEMBER 8, 2011
Attached is the Month to Month Agreement for Street Sweeping Services between the
City of Arroyo Grande and SP Maintenance Services, Inc. (Attachment 1 to staff report),
which was inadvertently left out of the Agenda packet.
c: Director of Recreation and Maintenance Services
City Attorney
City Clerk
MONTH TO MONTH AGREEMENT
FOR STREET SWEEPING SERVICES
BETWEEN
THE CITY OF ARROYO GRANDE AND
SP MAINTENANCE SERVICES, INC.
This Month-to-Month Agreement for Street Sweeping Services (the "Month to Month
Agreement") is entered into this day of November, 2011, by and between the
CITY OF ARROYO GRANDE, a municipal co�poration of the State of California
(hereinafter referred to as "CITY") and SP MAINTENANCE SERVICES, INC., a California
Corporation (hereinafter referred to as "CONTRACTOR").
WHEREAS, on May 1, 2006, CITY and CONTRACTOR entered into a Service Agreement
for Street Sweeping Services (the "2006 Agreement"); and
WHEREAS, by duly authorized amendment, the parties have three times extended the term of
the 2006 Agreement (the "One Year Extensions"); and
WHEREAS, the One Year Extensions expired at midnight on September 8, 2011; and
WHEREAS, on September 9, 2011, CONTRACTOR agreed to continue to perform street
sweeping services for CITY on a month to month basis subject to all other terms and conditions
of the 2006 Agreement; and
WHEREAS, the parties hereby desire to ratify the Month-to-Month Agreement and set
forth the terms and conditions thereof.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which is
he�eby acknowledged, it is agreed by and between the pa�ties as follows:
1. The above recitals are true and correct and incorporated herein by this reference.
2. CONTRACTOR and CITY hereby ratify the Month-to-Month Agreement commencing on
September 9, 2011 and continuing on a month—to-month basis, subject to all other terms
and conditions set forth in the 2006 Agreement which is incorporated herein by this
�eference.
3. This Month to Month Agreement is terminable by either party upon thirty (30) days prior
written notice.
MONTH-TO-MONTH AGREEMENT
SP MAINTENANCE SERVICES, INC.
PAGE 2
IN WITNESS WHEREOF, the parties have executed this Month to Month
Agreement on the day and year first set forth above.
CITY OF ARROYO GRANDE:
-------------------------------
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO FORM:
TIMOTHY J. CARMEL
SP MAINTENANCE SERVICES, INC.:
By: SEAN D. ST. DENIS
Its: PRESIDENT
/pRRO�\
�OINCORPORA�EO�\
v m
� ru�r ,o. �e>> ,�
cQ<<FO�N�P
TO:
FROM:
MEMORANDUM
CITY COUNCIL
��
TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SIIBJECT: SUPPLEMENTAL INFORMATION — ITEM 8.g.- CONSIDERATION OF A
SECOND AMENDMENT WITH WATER SYSTEMS CONSLILTING, INC.
FOR UPDA'fES TO THE WATER AND SEWER MASTER PLANS
DATE: NOVEMBER 8, 2011
REV/SED RECOMMENDATION:
It is recommended�the City Council:
1. Approve a Second Amendment to the Consultant Services
Water Systems Consulting, Inc. ("Second Amendment") in the
for updates to the Water and Sewer Master Plans; and
2. Authorize the Mayor to sign the Second Amendment with
Consulting Inc.
Agreement with
amount of $9,146
Water Systems
REV/SED IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The Capital Improvement Budget includes a total of $130,000 to perForm the updates
($70,000 budgeted �From �the Water Master Plan Update and $60,000 budgeted for �the
Sewer Master Plan Update). The Council approved a contract with Water Systems
Consulting, Inc., for $99,495. There is $31,270 remaining in the budget. An increase of
$9,146 is requested to the contract amount. Appropriation of funds is not needed. �