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Home My WebLink AboutCC 2026-03-24_09c Omnibus Muni Code CleanupItem 9.c. MEMORANDUM TO: City Council FROM: Jessica Matson, Director of Legislative & Information Services/ City Clerk SUBJECT: 2026 Omnibus Municipal Code Cleanup Ordinance DATE: March 24, 2026 RECOMMENDATION: 1) Adopt an Ordinance amending Section 1.01.010 of Title 1 (General Provisions), and various Sections of Chapter 13.26 of Title 13 (Encroachment Permits) of the Arroyo Grande Municipal Code (AGMC); and 2) Find that the Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guideli nes, §§ 15060 (c)(2) and (3), 15378).). Alternatively, the organizational changes made by the amendments to Title 1, and Title 13 of the AGMC by this Ordinance are not a project under CEQA because such changes constitute organizational or administrative a ctivities of a government that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines § 15378(b)(5).) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no impact on financial and personnel resources as th is is an administrative “cleanup” of certain sections of the AGMC. BACKGROUND AND ANALYSIS: Pursuant to Government Code sections 36934 and 36937, ordinances are “introduced” by first reading at a City Council meeting, “passed” (i.e., approved) at a later City Council meeting by conducting a second reading, and then take effect 30 days after passage. On March 10, 20261, the City Council introduced the Ordinance as proposed. The Ordinance amendments are now ready for adoption. The Ordinance amendments will become effective thirty (30) days after adoption. 1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=6e7c7c76-fee2-401c-8aa3- 090ededae737&lang=English&Agenda=Agenda&Item=41&Tab=attachments Page 20 of 601 Item 9.c. City Council 2026 Omnibus Municipal Code Cleanup Ordinance March 24, 2026 Page 2 ALTERNATIVES: 1. Adopt the Ordinance as proposed; 2. Modify the Ordinance with amendments and direct staff to return at a future public hearing to introduce the modified amendments; or 3. Provide other direction to staff. ADVANTAGES: The advantage of adopting the Ordinance ensures Code consistency with current City organizational structure and practices. DISADVANTAGES: No disadvantages are identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. An Ordinance making administrative updates to Title 1 and Title 13 of the AGMC is not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378). PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Ordinance Page 21 of 601 ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 1.01.010 OF TITLE 1 (GENERAL PROVISIONS), AND VARIOUS SECTIONS OF CHAPTER 13.26 OF TITLE 13 (ENCROACHMENT PERMITS) OF THE ARROYO GRANDE MUNICIPAL CODE WHEREAS, in June 2009, the City Council adopted the Fiscal Year 2009-10 Budget which affected organizational changes that occurred as a result of a major restructuring of City departments; and WHEREAS, staff have reviewed various sections of the Municipal Code for consistency with current operations; and WHEREAS, the City Council now desires to amend Sections 1.01.010, 13.26.010, 13.26.020, 13.26.030, 13.26.040, 13.26.050, and 13.26.060 of the Arroyo Grande Municipal Code as described below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by reference and adopted as findings by the City Council. SECTION 2. CEQA Compliance. The City Council finds that the recommended actions to make administrative amendments in Title 1, and Title 13 of the Arroyo Grande Municipal Code (“AGMC”) are not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378). Alternatively, the organizational changes made by the amendments to Title 1, and Title 13 of the AGMC by this Ordinance are not a project under CEQA because such changes constitute organizational or administrative activities of a government that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines § 15378(b)(5).) SECTION 3. Amendment. Section 1.01.010, Adoption, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 1.01.010 - Adoption. There is hereby adopted the "Arroyo Grande Municipal Code", as compiled, edited and published by Matthew Bender & Co, Inc., Charlottesville, Virginia, a copy of which is on file in the office of the City Clerk and incorporated herein by this reference. SECTION 4. Amendment. Section 13.26.010, Application, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: Page 22 of 601 ORDINANCE NO. PAGE 2 Section. 13.26.010 Application. Any person desiring to encroach upon, or to cause, allow or make any encroachment into the public right-of-way must first obtain a permit to do so. Applicants shall file an application with the director of public works or authorized agent to obtain a permit. The application shall be in the form prescribed by the city, and shall have the following information (as applicable): A. Location of the encroachment; B. The reason or necessity for encroachment; C. Estimated time to begin and complete the work or placement of an encroachment; D. Plans and specifications covering the encroachment as may be required by the city; E. Length of time encroachment will be kept in place; F. Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times; G. Name, address and phone number of the person responsible for maintaining the encroachment during the term of the encroachment; H. Other information as may be required by the director of public works or authorized agent. All terms and conditions of this chapter shall be incorporated by reference into any permit issued by the city. SECTION 5. Amendment. Section 13.26.020, Approval/conditional approval, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: Section 13.26.020 Approval/conditional approval. Upon receiving an application to encroach upon the public right-of-way, the director of public works or authorized agent shall issue, conditionally issue or deny it. If the application is approved, or conditionally approved, the public works director or authorized agent shall cause the deposit, if any, to be paid into the city treasury and/or such surety bond, if any, to be deposited with the administrative services director, and shall issue a written permit authorizing the encroachment. The permit shall include all of the conditions required by this code and any conditions set by the public works director or authorized agent. In the event that application is denied, any deposit made or bond submitted in connection therewith shall be forthwith returned to the applicant. An applicant, if dissatisfied with the denial or with any condition attached to an approval, may appeal the decision pursuant to Section 1.12.010 of this code. SECTION 6. Amendment. Section 13.26.030, Fee, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 13.26.030 - Fee. A fee for encroachment permits shall be established by resolution of the city council and shall be paid to the city at the time of issuance or renewal of any encroachment permit. Public utility companies operating under franchise agreement with the city may pay annually for permit fees or provide a deposit in advance of the estimated amount of permit applications subject to an agreement approved by the director of public works or authorized agent. Page 23 of 601 ORDINANCE NO. PAGE 3 SECTION 7. Amendment. Section 13.26.040, Length of time valid, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 13.26.040 - Length of time valid. Encroachment permits shall be issued for a specific length of time, which shall not exceed a reasonable time necessary as determined by the director of public works or authorized agent. In the absence of any prior agreement to the contrary, no cause shall be necessary to be shown or proven for the city council to modify, revise or revoke any encroachment permit or deny an original or renewal request. Utility companies will not be required to have a current permit to conduct any maintenance that does not req uire any cutting of concrete or asphalt and/or excavation. SECTION 8. Amendment. Section 13.26.050, Cleaning/sweeping, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 13.26.050 - Cleaning/sweeping. Permittees shall be required to clean/sweep that portion of the right-of-way encroached upon. Unless authorized by the director of public works or authorized agent, no material or debris shall be allowed to remain in the right-of-way. SECTION 9. Amendment. Section 13.26.060, Security deposit, of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 13.26.060 - Security deposit. Unless waived by the director of public works or authorized agent, a deposit shall be required prior to the issuance of an encroachment permit involving construction in the street right-of-way. The deposit shall be either cash, cashier's check, certified check, certificate of deposit, surety bond issued by a company authorized to do business in the state, or other form acceptable to the public works director. The director of public works or authorized agent shall set the amount of the deposit based on potential damage to public property which may be caused by the project or which will result if the project is not completed. All deposits shall remain in force for a period of one year from the date of expiration of the encroachment permit, at which time the administrative services director shall be authorized and directed to return the cash deposit or bond or othe r security posted by the permittee to the permittee. The amount returned will no t include any interest, unless required by prior agreement or law. SECTION 10. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 11. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the 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 adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any Page 24 of 601 ORDINANCE NO. PAGE 4 one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 12: Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 13: City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 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 24th day of March, 2026. Page 25 of 601 ORDINANCE NO. PAGE 5 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY Page 26 of 601